Mark Paoletta
Paoletta illustrates how a single attorney can connect judicial confirmation politics, executive power legal theory, and federal budget authority across multiple administrations—linking nonprofit-funded advocacy to government policy implementation through overlapping professional and personal relationships.
Mark R. Paoletta is a Washington attorney who has served as General Counsel of the Office of Management and Budget under both Trump administrations (2018-2021 and 2025-present). His career spans 35 years in executive power law and judicial politics, beginning as Assistant Counsel in the George H.W. Bush White House during the 1991 Clarence Thomas Supreme Court confirmation. 1 He held a Senior Fellow position at the Center for Renewing America (CRA), was a partner at Schaerr Jaffe LLP until December 2024, and is president of MP Strategies LLC. 1 His December 2024 appointment to OMB was explicitly tied to coordination with the Department of Government Efficiency (DOGE). 2
Leonard Leo's Judicial Education Project paid Paoletta approximately $300,000 through MP Strategies for a public relations effort on behalf of Justice Thomas, including a documentary, websites, and search optimization. 3 At CRA, Paoletta and Russell Vought co-authored a legal theory asserting inherent Article II presidential authority over federal spending—a theory that now provides the legal framework for the second Trump administration's spending reductions via OMB. 4 Analysis of corporate and government records indicates that his former law firm, Schaerr Jaffe, represents Elon Musk/X in litigation, while Paoletta in government provides legal counsel for DOGE operations at OMB. 5
As OMB General Counsel during the first Trump term, Paoletta authored the legal defense of the Ukraine military aid withholding that the Government Accountability Office ruled violated the Impoundment Control Act in January 2020. 4 In the second term, he drafted OMB Memo M-25-13 ordering a temporary freeze on all federal grants and financial assistance, which a U.S. District Court enjoined and OMB rescinded within 48 hours. 2 He also served as attorney for Virginia "Ginni" Thomas before the January 6 Select Committee in September 2022. 6 According to the Revolving Door Project, a potential conflict of interest exists: Paoletta, paid by Leo-affiliated entities to defend Thomas publicly, now issues OMB orders that could come before Thomas on the Supreme Court. 7
Key Relationships
According to ProPublica and Supreme Transparency records, Paoletta's relationship with Justice Clarence Thomas dates to 1991, when Paoletta helped manage Thomas's Supreme Court confirmation process as Bush White House counsel. 7 Records show the two were both present on a trip to Indonesia in 2019 funded by Harlan Crow, alongside Thomas, Ginni Thomas, and Leonard Leo. 7 According to ProPublica reporting, Paoletta appears in a painting at Crow's private resort Camp Topridge alongside Crow, Thomas, Peter Rutledge (later an 11th Circuit judge), and Leo. 7 He publicly defended Thomas against ethics allegations, arguing according to his public statements that Judicial Conference guidance did not require disclosure of trips with personal friends. 7
Leonard Leo's Judicial Education Project paid Paoletta and his consulting firm MP Strategies approximately $300,000 in 2016 for a Thomas public relations effort. 3 Paoletta confirmed to the Washington Post that "my good friend Leonard Leo's group provided funding for this work." 3 According to the Washington Post, Leo's $1.8 million total campaign included a documentary directed by Michael Pack, paid advertising to improve Thomas's search results, book publication, and social media accounts. 3 Cross-referencing financial disclosures and CRA records indicates a pattern of overlapping funding: Leo-affiliated entities fund CRA, where Paoletta serves as Senior Fellow, and separately fund Thomas defense work through the Judicial Education Project. 8
According to public appointment records, Paoletta serves as General Counsel under Director Russell Vought at OMB. The two served together during the first Trump term and co-authored the impoundment theory at the Center for Renewing America between administrations. 8 Review of records indicates CRA has placed at least five fellows or leaders into the second Trump administration, including Vought as OMB Director, Kash Patel as FBI Director, and Paoletta as OMB General Counsel. 8
The Elon Musk connection is more recent. Paoletta was appointed OMB General Counsel in December 2024 with an explicit mandate to work with DOGE. 2 Analysis of public filings indicates his former firm Schaerr Jaffe represents Musk and X in litigation, creating a situation where the firm's private client's government initiative receives legal support from a former partner now serving at OMB. 5 Examination of court filings shows Paoletta also maintains connections to Republican attorneys general in Texas, Indiana, Mississippi, and Georgia who file Supreme Court amicus briefs—briefs that may come before Justice Thomas. 8
Financial Disclosures and Political Donations
Paoletta's OGE Form 278 financial disclosure, filed upon joining Vice President Pence's office in January 2017, documents a multi-stream income profile. 9 DLA Piper LLP, where he was a partner from 2007 to 2016, paid approximately $387,000 (comprising $275,410 in partnership distribution, $100,000 in additional compensation, and $11,650 in other income). 9 His consulting firm MP Strategies LLC generated $209,000 in income. 9 The Judicial Education Project—Leonard Leo's vehicle for the Thomas PR effort—paid Paoletta $84,000 directly, with additional payments flowing to MP Strategies totaling approximately $300,000 for "media projects" in 2016. 39
Disclosed assets included a Schwab Managed Retirement 2030 fund ($250,000-$500,000), a Vanguard Target Retirement fund ($100,000-$250,000), multiple American Funds 529 education plans ($15,000-$50,000 each), and an oil lease in Goose Creek Bay, Harris County, Texas ($50,000-$100,000). 9 Liabilities included a Citibank partnership loan of $100,000-$250,000 at LIBOR plus 1.75%, incurred in 2012 and paid off upon withdrawal from DLA Piper. 9 His spouse was employed at Harris Wiltshire & Grannis LLP with partnership distributions and investments ranging from $1,000 to over $100,000. 9
FEC records document $22,900 in political donations between 2022 and 2024, all from Falls Church, Virginia, with Schaerr Jaffe LLP listed as employer. 10 The largest disbursements went to Trump's joint fundraising committee ($6,870 in both May and October 2024) and Never Surrender Inc ($3,091 twice), with smaller contributions to the RNC, Parkinson for Senate ($3,300 total), Chip Roy for Congress ($500), James Comer for Congress ($1,000), and Ron Johnson ($250). 10 Comer chairs the House Oversight Committee; during 2023 hearings, Comer stated that ethics complaints against Thomas were politically motivated, per Washington Post reporting. Roy is aligned with CRA policy positions. 10
Legal and Regulatory Actions
On July 25, 2019, while serving as OMB General Counsel during the first Trump term, Paoletta blocked the Department of Defense from disbursing Congress-appropriated Ukraine military assistance, characterizing the hold as "pending a policy decision." 4 The hold was not lifted until September 12, 2019. 4 When the Government Accountability Office investigated, Paoletta argued the action constituted a "programmatic delay" that did not require Congressional notification under the Impoundment Control Act of 1974. 4 The GAO concluded on January 16, 2020 that OMB had violated the Act. 4 Senator Chris Van Hollen called for Paoletta to recuse himself from the GAO inquiry and resign as Designated Ethics Official. 4
Between administrations, Paoletta and Vought co-authored a legal theory through the Center for Renewing America asserting that the president possesses inherent constitutional power to impound congressionally appropriated funds under Article II—specifically the Executive Vesting Clause, Take Care Clause, and Commander-in-Chief Clause. 4 This theory, developed after the GAO ruling, now provides the constitutional framework for the second Trump administration's spending reductions via OMB. 4
In September 2022, Paoletta represented Virginia "Ginni" Thomas before the House Select Committee investigating January 6. 6 He initially resisted the committee's request for testimony, seeking "better justification," but Ginni Thomas ultimately agreed to appear for an approximately 3.5-hour interview on September 28, 2022. 6 Paoletta's defense strategy centered on two points: that Thomas never claimed first-hand knowledge of election fraud but only relayed information heard from others, and that she expressly condemned the Capitol attackers. 6 On December 8, 2022, Paoletta submitted a written statement to the House Judiciary Committee calling it "the ginned-up case against the Thomases." 6 Review of the record indicates this representation overlaps with Paoletta's personal friendship with Justice Thomas and his receipt of Leo-funded payments for Thomas public relations work. 7
OMB and DOGE Coordination
Paoletta's appointment as OMB General Counsel on December 10, 2024 was framed explicitly around DOGE coordination. The Trump administration announcement stated he would "work closely with the DOGE team to cut the size of the bloated Government bureaucracy, and root out wasteful and anti-American spending." 2 His first major action was drafting OMB Memo M-25-13, issued January 27, 2025, which ordered a temporary pause on all federal grant, loan, and financial assistance programs effective 5:00 PM the following day. 2 A U.S. District Court for the District of Columbia enjoined the memo, and OMB issued M-25-14 rescinding it on January 29—within 48 hours of its release. 2
According to DeSmog reporting, the rapid court defeat prompted internal disagreement within the administration, with some officials questioning whether Paoletta should remain in the role. 2 Paoletta continued serving, and according to reporting his primary value to the administration lies in advising Trump and Vought on spending disputes with Congress and the courts, drawing on the impoundment theory he and Vought developed at CRA between administrations. 2 According to the Revolving Door Project, Paoletta's OMB orders on federal spending may ultimately come before Justice Thomas on the Supreme Court—a justice whose public reputation Paoletta was paid by Leo-affiliated entities to defend. 11
Cross-reference of the four networks in which Paoletta operates—Leo-funded judicial advocacy, CRA executive power theory, Schaerr Jaffe's Musk/DOGE litigation practice, and OMB spending authority—reveals overlapping professional and financial relationships that span the boundary between private advocacy and government policy. 11 Whether this analysis indicates coordinated outcomes or reflects routine movement within conservative legal networks remains an open analytical question. 11
All Connections
6 total
All Connections
6 totalPaoletta served as CRA Senior Fellow, became OMB General Counsel, also partner at Schaerr Jaffe, received money from Leonard Leo for Thomas defense
Close allies at OMB; co-developed impoundment theory via CRA between administrations; Paoletta serves as Vought's GC at OMB in both Trump terms; together they architect legal basis for DOGE spending cuts
Leo's Judicial Education Project paid Paoletta/MP Strategies ~300K for Thomas PR campaign; Leo and Paoletta traveled together with Thomas and Crow to Indonesia 2019; depicted together in Camp Topridge painting; Leo funds RAGA network Paoletta's firm assists
Personal friendship since 1991 Thomas confirmation; Paoletta traveled with Thomas on Crow-funded Indonesia trip 2019; painted together at Camp Topridge; paid 300K by Leo for Thomas PR; represents Ginni Thomas; defends Thomas on ethics publicly; Revolving Door Project notes conflict: Paoletta OMB orders come before Thomas on SCOTUS
Paoletta appointed OMB GC specifically to work with Musk's DOGE team; former firm Schaerr Jaffe represents Musk/X in litigation; Paoletta provides legal architecture enabling DOGE spending cuts at OMB
Traveled together on Crow-funded Indonesia trip 2019 with Clarence Thomas and Leonard Leo; depicted in painting at Crow's Camp Topridge private resort
All Findings
11 total
All Findings
11 totalfinancial (3)
Leonard Leo's Judicial Education Project paid Paoletta/MP Strategies ~300K in 2016 for Clarence Thomas PR campaign including laudatory film, astroturf websites, and search optimization
Washington Post (July 2023) investigation revealed Leonard Leo steered at least 1.8M total into coordinated PR campaign defending Justice Thomas. Paoletta confirmed to WaPo that 'my good friend Leonard Leo's group provided funding for this work.' Paoletta's OGE financial disclosure (pre-2017 gov service) showed Judicial Education Project paid him 84K (income) and MP Strategies received additional payments totaling ~300K for 'media projects' in 2016. Campaign included: (1) creation/promotion of laudatory documentary film about Thomas directed by Michael Pack, (2) advertising to boost positive content during internet searches for Thomas, (3) publication of a book about Thomas's life, (4) Twitter fan accounts. Judicial Education Project is part of Leo's dark money network (also known as/related to the 85 Fund). Paoletta participated in most interviews for the 2020 Michael Pack pro-Thomas documentary.
FEC records show 22.9K in political donations (2022-2024) from Falls Church VA; employer listed as Schaerr Jaffe; recipients include Trump JFC, Never Surrender Inc, RNC, Parkinson for Senate, Chip Roy, James Comer, Ron Johnson
FEC donation history (20 records found, 2022-2024): Oct 2024: 6870.70 to Trump National Committee JFC/WinRed + 3091.82 Never Surrender Inc + 343.54 RNC. May 2024: identical split 6870.70 Trump JFC + 3091.82 Never Surrender + 343.54 RNC. Dec 2023: 300 Parkinson for Senate. Jun 2023: 3000 Parkinson for Senate. Mar 2023: 500 Chip Roy for Congress. Jan 2023: 1000 Comer for Congress. Nov 2022: 250 Ron Johnson, 255 Yesli Vega for Virginia, 253 Cao for Congress. Total ~22.9K. All from Falls Church VA. Employer consistently listed as Schaerr Jaffe LLP. Notable: Comer is House Oversight Chair who has been sympathetic to Thomas defense; Chip Roy is CRA-aligned congressman.
OGE Form 278 (pre-2017) shows DLA Piper income ~387K, MP Strategies income 209K, Judicial Education Project income 84K, oil lease in Harris County TX, spouse at Harris Wiltshire & Grannis, Citibank partnership loan 100-250K
ProPublica Trump Town financial disclosure (OGE Form 278, filed when joining VP Pence office Jan 2017): INCOME: DLA Piper LLP 275410+100000+11650=387060. MP Strategies LLC 209948. Judicial Education Project 84000. ASSETS: Schwab Managed Retirement 2030 (250-500K), Vanguard Target Retirement Income (100-250K), multiple American Funds 529 plans (15-50K each), US Bank accounts (1-250K combined), Oil Lease Goose Creek Bay Harris County TX (50-100K), Level 3 Communications stock (15-50K), three Mass Mutual Whole Life policies (15-50K each). LIABILITIES: Citibank partnership loan (100-250K, LIBOR+1.75%, incurred 2012, paid off upon partnership withdrawal). SPOUSE: employed at Harris Wiltshire & Grannis LLP with partnership distribution and investments (1-100K+).
relationship (3)
Paoletta CRA fellow -> OMB General Counsel. Longtime friend and defender of Justice Clarence Thomas. Received hundreds of thousands via Leonard Leo for Thomas PR work. Provided legal counsel to Ginni Thomas during Jan 6 Committee. Connected to Republican AGs in TX, IN, MS, GA who file Supreme Court amicus briefs. Previously OMB General Counsel Trump 1 where he worked with Vought on border wall funding.
Mark Paoletta: partner at Schaerr Jaffe law firm, CRA Senior Fellow, appointed OMB General Counsel Trump 2. During Trump 1 served as OMB General Counsel alongside Director Vought. Key connections: (1) Justice Clarence Thomas — described as longtime friend, vocal defender, received hundreds of thousands of dollars via Leonard Leo for Thomas public relations work, participated in documentary interviews with Thomas. (2) Ginni Thomas — provided legal counsel during Jan 6 Committee proceedings. (3) Republican AG network — law firm involved with AGs in Texas, Indiana, Mississippi, Georgia who submit Supreme Court amicus briefs. (4) DOGE — works closely with DOGE team to cut government bureaucracy. (5) Border wall — led efforts to identify funding for Southern Border Wall during Trump 1. This creates a triangle: Leo funds CRA via DonorsTrust -> Paoletta at CRA receives Leo money for Thomas defense -> Paoletta placed at OMB to work with DOGE.
Personal friendship with Clarence Thomas since 1991 confirmation; present on 2019 Indonesia trip with Thomas, Harlan Crow, Leonard Leo; depicted in painting at Crow's Camp Topridge with Thomas and Leo
Paoletta's relationship with Clarence Thomas dates to 1991 when Paoletta, as Assistant Counsel in Bush WH, played key role in Thomas's contentious SCOTUS confirmation. Relationship deepened over three decades. Present on Harlan Crow-funded Indonesia trip in 2019 alongside Thomas, Ginni Thomas, and Leonard Leo. Depicted in a painting at Crow's private resort Camp Topridge alongside Crow, Thomas, Peter Rutledge (later 11th Circuit judge), and Leonard Leo. ProPublica reporting noted Thomas failed to disclose luxury trips from Crow. Paoletta defended Thomas publicly, arguing Judicial Conference guidance did not require disclosure of trips with friends. Revolving Door Project noted potential conflict: Paoletta as OMB GC issues orders that come before Thomas on SCOTUS, creating circuit of influence (Leo pays Paoletta for Thomas PR -> Paoletta defends Thomas on ethics -> Paoletta issues OMB orders -> Thomas rules on them).
Schaerr Jaffe LLP became go-to firm for Elon Musk/X litigation while Paoletta was partner; creates revolving door concern as Paoletta now serves as OMB GC working with DOGE (Musk's initiative)
Schaerr Jaffe LLP hired by Musk to represent X users in free speech cases and other litigation. Meanwhile Paoletta (partner at firm until Dec 2024) appointed OMB GC specifically to work with DOGE team. Reuters (Jan 31, 2025) reported 'Lawyers for Musk, Republican campaigns form new Washington firm' referencing the broader conservative legal ecosystem. The connection creates revolving door concern: Paoletta's former law firm represents Musk commercially while Paoletta in government provides legal architecture for Musk's DOGE operations at OMB. Per DeSmog, internal Trump admin finger-pointing after funding freeze debacle raised questions about whether Paoletta might be dropped, but he remains in role.
legal (2)
As OMB GC (Trump I), authored legal defense of Ukraine aid withholding that GAO ruled violated Impoundment Control Act; co-developed impoundment theory with Vought claiming inherent Article II presidential power
During first Trump term as OMB GC, Paoletta blocked DoD from spending Congress-appropriated Ukraine military aid on July 25, 2019, 'pending a policy decision.' Hold lifted Sept 12, 2019. Paoletta argued to GAO it was merely a 'programmatic delay' not requiring Congressional notification. GAO concluded Jan 16, 2020 that OMB violated the Impoundment Control Act of 1974. Sen. Van Hollen asked Paoletta to recuse himself from GAO inquiry and resign as Designated Ethics Official. Between administrations, Paoletta and Vought co-authored legal theory asserting president has inherent constitutional power to impound funds under Article II (Executive Vesting Clause, Take Care Clause, Commander-in-Chief Clause). Published through Center for Renewing America. This theory now underpins Trump II's aggressive spending cuts via OMB.
Served as Ginni Thomas's attorney before Jan 6 Select Committee; managed her 3.5-hour interview Sept 2022; argued she only passed along hearsay about election fraud
Paoletta represented Virginia 'Ginni' Thomas before the House Select Committee investigating January 6. Initially pushed back on committee's request for testimony, seeking 'better justification.' Eventually Ginni Thomas agreed to appear and was interviewed for approximately 3.5 hours with breaks on September 28, 2022. Paoletta's defense strategy: (1) Thomas never claimed first-hand knowledge of election fraud, only passed along information heard from others. (2) Thomas expressly condemned Capitol attackers. (3) Submitted written statement to House Judiciary Committee (Dec 8 2022) calling it 'the ginned-up case against the Thomases.' This representation creates significant conflict-of-interest questions given Paoletta's close personal friendship with Justice Thomas and his receipt of Leo money for Thomas PR.
intelligence (2)
Appointed OMB GC in Trump II (Dec 2024) to 'work closely with DOGE team'; responsible for Jan 2025 federal funding freeze memo (M-25-13) that was struck down by court and rescinded within 48 hours
Trump announced Paoletta appointment Dec 10, 2024: 'Mark will work closely with the DOGE team to cut the size of the bloated Government bureaucracy, and root out wasteful and anti-American spending.' Paoletta drafted OMB Memo M-25-13 (Jan 27, 2025) ordering temporary pause of all federal grant, loan, and financial assistance programs effective 5pm Jan 28. US District Court for DC enjoined it. OMB issued M-25-14 rescinding it Jan 29. Internal finger-pointing ensued per DeSmog reporting, with some suggesting Trump might 'drop' Paoletta over the debacle. Paoletta's biggest impact per reporting: advising Trump and Vought on how to win spending fights with Congress and courts, using impoundment theory developed between administrations. Schaerr Jaffe (his former firm) simultaneously represents Elon Musk/X in litigation, creating revolving door concerns.
SYNTHESIS: Paoletta is critical nexus connecting four power networks: (1) Leo dark money -> Thomas SCOTUS influence, (2) CRA/Vought -> executive power theory, (3) Schaerr Jaffe -> Musk/DOGE legal work, (4) OMB -> federal spending control. Creates self-reinforcing circuit of influence.
Mark Paoletta connects four distinct power networks: NETWORK 1 (Leo/Thomas): Leonard Leo pays Paoletta 300K via Judicial Education Project for Thomas PR. Paoletta defends Thomas on ethics charges. Paoletta represents Ginni Thomas before Jan 6 committee. Leo-funded RAGA attorneys general file amicus briefs to SCOTUS where Thomas sits. NETWORK 2 (CRA/Vought/Executive Power): Paoletta is Senior Fellow at CRA where Vought is president. Together they developed impoundment theory claiming Article II presidential power over federal spending. CRA is Project 2025 Advisory Board member. NETWORK 3 (Schaerr Jaffe/Musk): Paoletta's former firm represents Musk/X in litigation. Paoletta appointed specifically to work with DOGE. Legal architecture flows from firm to government. NETWORK 4 (OMB/Federal Spending): As OMB GC, Paoletta controls legal authority over all federal agency spending. Authored funding freeze memo. Enables DOGE cuts. The circuit: Leo money -> Paoletta PR for Thomas -> Thomas rules on OMB cases -> Paoletta OMB orders benefit Trump/Musk/DOGE ecosystem -> CRA provides ideological framework -> Leo funds CRA-adjacent organizations.
identity (1)
Complete career arc spanning 35 years: Bush WH Counsel (Thomas confirmation 1991) -> House E&C Chief Counsel (1997-2007) -> DLA Piper partner -> VP Pence Counsel -> OMB GC Trump I (2018-2021) -> Schaerr Jaffe -> CRA Senior Fellow -> OMB GC Trump II (2025-present)
Career: (1) Asst Counsel to President, Bush WH (Thomas confirmation 1991). (2) Chief Counsel O&I, House Energy&Commerce (1997-2007, ~200 hearings). (3) DLA Piper partner DC (2007-2016). (4) President MP Strategies LLC (consulting 209K income). (5) Chief Counsel to VP Pence (Jan 2017-Jan 2018; vetted Gorsuch). (6) OMB GC (Jan 2018-Jan 2021; Ukraine aid withholding, border wall). (7) Schaerr Jaffe partner (2021-2024). (8) CRA Senior Fellow. (9) OMB GC Trump II (Jan 2025-present). Education: BA Duquesne, JD Georgetown Law. Resides Falls Church VA.