Key facts
- Federal appeals judge Jennifer Mascott ran the public affairs firm Adfero for at least six months after her appointment.
- Mascott inherited ownership of the firm from her late husband and was involved in daily operations.
- The firm's work involved influencing elected officials, raising ethical concerns for a sitting judge.
- The arrangement led to staff and client departures, culminating in the firm's closure.
- Mascott stated she complied with all legal and ethical requirements and consulted experts.
Jennifer Mascott, a federal appeals judge appointed by President Donald Trump, spent at least six months actively running the Washington public affairs firm Adfero after taking the bench, an arrangement that has drawn significant criticism and contributed to the firm's demise.
Mascott, who inherited ownership of Adfero from her late husband, was reportedly involved in daily operations, including staffing, business development, and client relations, working from the firm's office at least once a week. This occurred between her judicial duties on the 3rd Circuit Court of Appeals, which hears cases in Wilmington and Philadelphia.
The firm, historically nonpartisan, saw a shift in its final months under Mascott's leadership, with consultants possessing strong MAGA credentials being brought on. Mascott also required sign-off on marketing materials and suggested pitching services to health insurers after losing key clients like PhRMA and the National Retail Federation.
Former employees and clients expressed discomfort and questioned the legality and ethics of Mascott's dual role. Some noted that the firm's work, which aims to "influence elected officials," made the situation particularly problematic. The exodus of staff and clients ultimately led to Adfero closing its doors at the end of June after two decades in operation.
Mascott stated that she acted as managing trustee, adhered to legal and ethical requirements, and consulted with HR lawyers and other experts regarding the company's viability and potential wind-down. She also noted that she recused herself from matters involving Adfero or its clients.
Judicial ethics experts described Mascott's situation as a gray area, as judges are permitted to participate in closely held family businesses. However, this participation is prohibited if it consumes too much time, misuses judicial prestige, or involves businesses likely to appear before the judge's court. Mascott's background includes clerkships for Brett Kavanaugh and Clarence Thomas, and roles in the Trump administration's Justice Department and White House counsel's office.