Henry Whitaker, a senior counselor to the attorney general who defended the Trump administration in disputes over federal prosecutor appointments, is joining Dechert as a partner in Washington, the law firm announced.

The move brings a prominent administration lawyer into private practice as several Justice Department officials leave their posts in the days following the midterm elections. It also puts renewed attention on the revolving door between government service and major law firms, particularly when officials have helped defend contested administration policies.

Whitaker represented the department in litigation over the prosecutions of former FBI Director James Comey and New York Attorney General Letitia James. Both challenged the authority of Lindsey Halligan, the prosecutor who presented their cases to grand juries, arguing that her appointment as U.S. attorney was improper.

In November 2025, Whitaker told Judge Cameron McGowan Currie that the defendants were seeking to “elevate what is at best a paperwork error.” He also called it “fanciful” to suggest that the department sought to evade Senate confirmation requirements by continuing to treat Halligan as U.S. attorney. Currie dismissed both indictments.

Whitaker later argued the issue before the Fourth Circuit. At a September hearing, Chief Judge Albert Diaz asked whether the administration’s interpretation would allow a president to repeatedly make interim appointments and bypass both the Senate and the courts. After initially saying the government had “no incentive” to do so, Whitaker acknowledged that such a scenario was possible.

Whitaker’s name also arose in a whistleblower account concerning deportation litigation. Former acting deputy director of the Office of Immigration Litigation Erez Reuveni reported that senior Justice Department officials had discussed ignoring a court order blocking deportations. Senate Democrats subsequently sought interviews with several officials, including Whitaker.

Reuveni’s account said Whitaker agreed that the order applied to the government’s efforts nationwide, rather than only to the individuals named in the case.

Dechert litigation partner Michael McGinley said Whitaker “understands how legal and policy decisions take shape within government.” Whitaker previously worked in the Justice Department’s Office of Legal Counsel under Steven Engel, who now chairs Dechert’s appellate and regulatory litigation group. Whitaker said the opportunity to work with Engel again helped draw him to the firm.

Whitaker’s departure follows those of Justice Department officials Harmeet Dhillon, Jason Reding Quiñones, John Eisenberg and Civil Division chief Brett Shumate. His move illustrates both the value firms place on senior government experience and the scrutiny that can accompany the hiring of lawyers who defended controversial policies.