Cleta Mitchell (image via Foley & Lardner)
After participating in a phone call where Donald Trump was captured on tape pressuring Georgia election officials to commit what election law experts identified as well within the statutory definition of election fraud, Cleta Mitchell is gone as a Foley & Lardner partner.
New York Times reporter Michael S. Schmidt relayed the Foley & Lardner statement moments ago.
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Cleta Mitchell has resigned from @FoleyandLardner. The firm said in a statement: "Cleta Mitchell has informed firm management of her decision to resign from Foley & Lardner effective immediately." https://t.co/2peHwUTjOi
— Michael S. Schmidt (@nytmike) January 5, 2021
The parties apparently never bothered to establish that the call was confidential, resulting in a bombshell when the Washington Post and Atlanta Journal-Constitution published the audio and transcript.
While Mitchell has resigned, there’s ample reason to believe this was less than a unilateral decision. Mitchell’s appearance on the call clearly shocked Foley & Lardner, who were quick to announce that the firm itself was not retained to represent Donald Trump, despite Mitchell’s rhetoric on the call where she spoke of reviewing evidence in the case and explaining allegations that “we” made in Trump’s filings challenging election results. As of yesterday, Foley & Lardner said they were concerned and investigating Mitchell’s private involvement in the case. Given that attorneys in law firms cannot easily practice side gigs without inviting myriad ethical and insurance coverage issues, Foley & Lardner had reason to be deeply troubled.
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With some clients already expressing a desire to terminate their relationships with the firm, and outside groups gearing up to pressure others, the firm has now cleared itself of a potential drag on its overarching business. It’s the sort of move that firms like Jones Day have yet to make, preferring instead to withdraw from specific, publicized matters while preserving the opportunity to pursue future voter suppression work, a practice it has famously pursued for years.
The only remaining question is the identity of the third attorney on the now-infamous call. The transcript identifies Cleta Mitchell, Georgia attorney Kurt Hilbert, and someone only referred to as “Alex.” We have received some anonymous tipster input suggesting that this lawyer is another Biglaw attorney and have contacted the firm potentially involved but we have been unable to confirm. If you know who this wily attorney is, please let us know.
Earlier: Donald Trump Drags Biglaw Firm Into Middle Of Election Interference Effort
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.