Conflict of Interest Concerns Arise from Hegseth Attorney's Dual Roles

Tim Parlatore’s strong ties with Defense Secretary Pete Hegseth, particularly while he represents legal clients in conflict with the department, are garnering attention.

Conflict of Interest Concerns Arise from Hegseth Attorney's Dual Roles
Tim Parlatore serves as a personal attorney and key adviser to Defense Secretary Pete Hegseth, while simultaneously suing the Navy and representing private clients against the U.S. government.

Having represented Donald Trump in a criminal case two years prior and rejoining the Navy Reserve in March to assist Hegseth, Parlatore has recently been appointed to oversee a leak investigation that has stirred turmoil at the Pentagon. This probe has been linked to the dismissals of senior advisers and revealed concerns about Hegseth's handling of classified information. Parlatore was also reportedly part of a Signal group including Hegseth’s family, where sensitive details about a strike on Yemen were shared.

Despite his significant role within the Pentagon, Parlatore is actively engaged in litigation against the Navy. A review of federal court records indicates that he is listed as an attorney in 11 cases, though some may be inactive and not all involve the U.S. government, with many of his clients being retired military personnel.

The practice of government officials leaving their roles to leverage access for private clients is prevalent in Washington, and while Parlatore claims his activities are above reproach, it is highly atypical for an adviser to a Cabinet secretary to represent clients litigating against the government simultaneously.

This tension will be evident in federal court next week, where Parlatore will lead the defense of retired four-star Adm. Robert Burke, who faces corruption charges. The trial, set to begin Tuesday, will see the Justice Department attempt to establish that Burke facilitated a lucrative contract for a workforce training firm in exchange for a position he took at that firm post-Navy.

As a result, Parlatore is expected to cross-examine high-ranking Navy witnesses aware of his close relationship with Hegseth and his role in legal matters pertinent to the secretary.

Though Parlatore engaged Burke as a client before Trump was elected last fall, his dual position offers potential advantages tied to his connections with Hegseth, according to legal experts.

“It’s a great advertising possibility that Parlatore has: Take me to be your attorney because I’ve got unusual access,” noted Joshua Kastenberg, a former Air Force attorney and now a law professor.

“Tim’s business is built around representing service members who are in the military justice system,” said an insider familiar with Parlatore's work at the Pentagon. “So being close to the secretary and being in his front office provides him an advantage in that business.” This individual, along with two others who spoke on condition of anonymity, expressed concerns of potential retribution.

Parlatore has stated that he does not market himself in this manner and pointed out that his website does not reference his association with Hegseth or his Navy Reserve status. “I present myself as an attorney who wins cases, and I’ve been winning cases long before I had a client nominated to be the secretary of Defense,” he said.

“The government should be more concerned about my cross-examination skills, not my Navy Reserve duty,” he further emphasized, adding that he has declined potential clients who suggested using his political connections.

Spokespeople from the Defense Department did not respond to requests for comment.

A 2002 graduate of the U.S. Naval Academy, Parlatore was recommissioned as a Navy Reserve officer a few months ago, with Hegseth conducting the swearing-in ceremony and Parlatore sharing a photo from the event. Following this, he began frequenting the office often, more so than typical reservists, according to acquaintances at the Pentagon. Early in Hegseth’s tenure, Parlatore participated in virtual meetings with the Defense Secretary and his team, and was involved in discussions with senior staff after his recommissioning.

Parlatore’s regular presence in the Defense Secretary's office has raised internal concerns, especially given that he does not hold top-secret clearance. He noted that he is in the process of obtaining such clearance, stating, “When he got recommissioned and they wanted to bring him into the building, they couldn’t give him an office in a SCIF,” said one individual familiar with the situation.

Charlie Young, the acting general counsel of the Pentagon, reportedly expressed discomfort regarding the arrangement, prompting inquiries about Parlatore’s role and responsibilities to Hegseth.

Among his cases, Parlatore is representing former Navy Vice Adm. Thomas Rowden in a Freedom of Information Act lawsuit aimed at compelling the government to release more records concerning Navy ship collisions that resulted in Rowden’s demotion.

During a recent hearing in the Burke case, a prosecutor noted Parlatore’s ongoing employment with the Defense Department as a “potential conflict” and sought assurance that Burke comprehended the dual roles of his attorney. Assistant U.S. Attorney Rebecca Ross expressed the need to ensure Burke was aware, given that the trial involves multiple Navy witnesses and allegations of misconduct during Burke's Navy service.

Parlatore, however, dismissed concerns about any conflict of interest, stating, “I don’t know what the conflict would be. I’m in the Navy Reserves, as many attorneys are.” He reiterated that he had handled cases as a reservist previously, which included cross-examining higher-ranking officials at the time.

When queried by the judge, Burke expressed comfort with Parlatore's representation, stating, “I have no concerns.”

Judge Trevor McFadden, appointed by Trump, noted he didn't perceive a conflict, affirming that Burke understood his attorney's dual capacity.

However, it is worth noting that during this discussion, there was no mention of Parlatore's status as a senior adviser to Hegseth, who has represented Hegseth personally for nearly eight years, including during allegations of sexual assault amid the confirmation process.

Jeff Hauser, the founder of the Revolving Door Project, criticized Parlatore’s simultaneous roles, emphasizing that the integrity of the judicial process is called into question when an attorney represents a party against the government while simultaneously having significant influence within it.

While acknowledging that Parlatore’s arrangement might be technically legal, he stated, “What is the government attorney on the other side to think if they are up against somebody who helps set Defense Department policy and on whom the Secretary of Defense personally relies?”

As the founder and managing partner of Parlatore Law Group, Parlatore gained recognition as one of Trump's attorneys in the Mar-a-Lago classified documents case and related litigation from the January 6 Capitol incident. He was part of the legal team representing Trump responding to allegations of holding classified documents at his Florida estate before parting ways amid discord within the team.

Several legal experts expressed trepidation regarding Parlatore’s circumstances, suggesting there may not be a formal conflict of interest per legal ethics guidelines but cautioning that the situation is nonetheless troubling.

“It doesn’t quite pass the smell test,” Kastenberg remarked, alluding to the possibility of witnesses attempting to influence their testimony. Yet, he added, “It’s not the role of the courts to disrupt an attorney-client relationship unless there’s an actual conflict that hasn’t been waived.”

“It doesn’t look good,” affirmed Eugene Fidell, a military law professor at Yale.

Kathleen Clark, a legal ethics professor at Washington University, posited that the government prosecutors in the Burke case should be more concerned about the situation than Burke himself, worrying that witnesses might feel intimidated by Parlatore's high-level connections in the Defense Department.

“The glaring conflict of interest in this case is the one for the government,” she asserted.

Parlatore contended in an interview that his dual role poses no issues due to established conflict of interest regulations for reservists, which differ from those applicable to full-time government personnel.

“The Navy Reserves provides a fantastic opportunity for me to return to serving my country while also maintaining a busy civilian private practice,” he commented.

In a post on X after joining Hegseth’s office, Parlatore indicated he “intentionally declined to take a full-time position because I do not want this to create any conflicts” and described his role as “a part-time Reserve position.”

Parlatore has also represented servicemembers in court-martial proceedings, achieving an acquittal for former Navy SEAL Eddie Gallagher in a prominent war crimes case.

In his Pentagon role, Parlatore has been actively engaged as Hegseth has navigated various controversies, including efforts to determine the source of leaks regarding military operational plans for the Panama Canal and Elon Musk's visit to the Pentagon.

Former Hegseth chief of staff Joe Kasper considered hiring an external entity to manage the leak probe. Ultimately, he designated Parlatore to oversee it due to his experience with Trump’s classified documents case, noting that Parlatore was not a potential suspect in the leaks, which positioned him favorably to lead the investigation.

Beyond the leak inquiry, discussions are ongoing within the Pentagon regarding Parlatore’s potential involvement in a comprehensive review of investigatory procedures for addressing criminal matters involving personnel and readiness issues across the services.

Camille Lefevre for TROIB News