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Mark Zaid

Mark S. Zaid is a Washington, D.C.-based attorney specializing in national security law, with over three decades of experience representing federal employees, whistleblowers, and intelligence personnel in matters involving security clearances, retaliation, investigations, and Freedom of Information Act litigation. A graduate of the University of Rochester (B.A. cum laude, 1989) and Albany Law School (J.D., 1992), Zaid founded the James Madison Project in 1998 as its executive director to advance public education on intelligence activities, government secrecy, and accountability through FOIA requests and litigation. In 2017, he co-founded Whistleblower Aid, a nonprofit offering pro bono representation to whistleblowers exposing government and corporate misconduct without legal liability. Among his legislative contributions, Zaid drafted provisions enabling U.S. victims of terrorism to pursue civil lawsuits against state sponsors, enacted as part of broader anti-terrorism reforms. He has testified before congressional committees on whistleblower protections and national security issues, and maintains top-secret security clearances with eligibility for sensitive compartmented information access. Zaid's practice has encompassed high-profile cases across administrations, including representation of an intelligence community whistleblower in the 2019 Ukraine aid disclosure leading to presidential impeachment proceedings, as well as clients facing investigations or clearance denials. This involvement prompted the revocation of his own security clearance in 2019, which he challenged in federal court as unlawful retaliation, alleging it violated administrative procedures and impeded his ability to represent clients effectively. Despite such disputes, Zaid has emphasized representing whistleblowers from both major political parties and has been recognized annually as a D.C. Super Lawyer since 2009, with additional honors for lifetime achievement in employment law.

Early Life and Education

Upbringing and Academic Background

Mark S. Zaid was born in 1967 in Manhasset, , . He is the grandson of David Max Eichhorn, a U.S. Army chaplain during who served as the first Jewish chaplain to enter after its liberation and later had his wartime letters edited and published by Zaid in 2004. Zaid grew up primarily in , near , before moving to on , where he resided into adulthood. His parents provided passive support for his childhood hobbies, including collecting , stamps, coins, and cards starting around 1974; he even served as president of a second-grade " " that held weekly meetings at his home. He has a younger brother, approximately four years his junior, who shared some but not all of these interests. Zaid attended the starting in 1985, graduating cum laude in 1989 with a double major in and , earning honors in political science and high honors in . For his senior thesis under history professor Jesse Moore, he researched the John F. Kennedy assassination, an topic that deepened his interest in government operations and conspiracies, influencing his future career path. He then enrolled at Albany Law School of Union University, earning his Juris Doctor in 1992 while serving as an associate editor of the Albany Law Review.

Entry into Practice and Specializations

Mark Zaid commenced his legal practice after obtaining his J.D. from Albany Law School in 1992, where he had served as Associate Editor of the Albany Law Review. He secured admission to the New York and Connecticut bars following graduation. In July 1993, Zaid relocated to Washington, D.C., and began employment at a small firm focused on international law, thereby establishing his base in federal and national security-related legal work. One of his initial high-profile actions was filing a lawsuit in 1993 against concerning the bombing over , , which contributed to a subsequent $2.7 billion settlement for victims' families. This early involvement underscored his emerging expertise in international torts, terrorism-related claims, and accountability for state-sponsored acts. Zaid's practice specializes in litigation, including representation of whistleblowers, federal employees, and intelligence personnel facing administrative challenges such as disputes. He also handles Act (FOIA) and Privacy Act litigation, foreign sovereign and diplomatic immunities, suits on behalf of , and on international transactions, torts, and crimes. Admitted additionally to the District of Columbia and bars, as well as multiple federal courts, Zaid has litigated in both and capacities, often innovating administrative remedies in opaque government processes. His work extends to media clients seeking declassification or disclosure under FOIA, emphasizing first-amendment protections in security contexts.

Founding of Mark S. Zaid, P.C.

Mark S. Zaid established Mark S. Zaid, P.C. in December 1992 in the metropolitan area, shortly after his graduation from of that same year. As the firm's founding and managing partner, Zaid focused initially on litigation, lobbying, and administrative advocacy related to , government accountability, Act (FOIA) requests, and whistleblower protections. The firm's early practice emphasized representing current and former federal employees, and , contractors, and media members facing retaliation or legal challenges from U.S. or foreign government actions, including disputes and privacy violations. This specialization aligned with Zaid's prior experience in and his bar admission in 1992, positioning the firm to challenge government secrecy and overreach through plaintiff and defense-side work. From its inception, Mark S. Zaid, P.C. built a reputation for handling complex cases involving intelligence community matters and FOIA litigation, often against federal agencies, reflecting Zaid's commitment to and individual in classified environments. The solo-founded structure allowed for agile representation in high-stakes administrative proceedings, with the firm later expanding affiliations while maintaining its core focus on accountability.

Establishment of Whistleblower Aid

In 2017, Mark Zaid co-founded Whistleblower Aid with John N. Tye, a former U.S. State Department official who had publicly disclosed concerns about government surveillance practices in 2014. The organization emerged in September of that year as a nonprofit entity designed to offer legal representation, advocacy, and strategic guidance to whistleblowers across government and private sectors, with a particular emphasis on matters. The founding was motivated by the need to provide structured, lawful pathways for disclosures, drawing from Tye's experience navigating whistleblower protections and Zaid's decades of expertise in handling cases. Whistleblower Aid positioned itself as an alternative to unauthorized leaking, assisting clients in complying with legal frameworks such as the Intelligence Community Whistleblower Protection Act and Freedom of Information Act requests while minimizing personal risks. served as a founding legal partner, leveraging his firm, Mark S. Zaid, P.C., to supply initial resources for representation. From inception, the group operated as a dedicated law office offering comprehensive services, including legal counsel on disclosure strategies, media relations, and congressional outreach, funded through donations to sustain its no-cost model for qualified whistleblowers. By prioritizing vetted, good-faith reporters, it aimed to enhance accountability without endorsing indiscriminate releases of sensitive information.

Notable Representations

Whistleblower Cases Across Administrations

Mark Zaid has represented whistleblowers from federal agencies including the intelligence community, Department of Homeland Security, and Department of Defense across Democratic and Republican administrations over more than three decades of practice. His cases often involve allegations of retaliation for disclosures on matters, misuse of , and policy-driven alterations to intelligence assessments. During the Obama administration, Zaid litigated matters testing the expanded protections under Presidential Policy Directive 19, issued on October 10, 2012, which enabled intelligence community personnel to report urgent concerns to Congress without fear of reprisal. In a 2017 analysis co-authored with Andrew Bakaj, Zaid detailed a reprisal complaint filed by an intelligence community member, affirming the directive's role in providing viable legal recourse previously unavailable before 2012. These efforts built on the Intelligence Community Whistleblower Protection Act of 1998, highlighting systemic gaps in pre-directive safeguards that Zaid argued left whistleblowers vulnerable to administrative penalties without congressional oversight. In the Trump administration, Zaid represented Brian Murphy, then-acting undersecretary for intelligence and analysis at the Department of Homeland Security, who on September 8, 2020, filed a reprisal complaint alleging directives to modify intelligence products to minimize Russian threats to the 2020 U.S. election, aligning with public statements downplaying foreign interference. Through Whistleblower Aid, co-founded by Zaid in 2017 to offer support, the firm assisted Miles Taylor, former DHS , in a constitutional challenge against a 2020 presidential memorandum imposing financial penalties on agencies hiring former officials critical of Trump administration policies. Zaid also supported Enrich, a USAID official, who disclosed the abrupt termination of programs amid shifting foreign aid priorities, leading to congressional testimony. Under the Biden administration, Zaid has handled cases for federal officials experiencing , a series of anomalous health incidents first reported in but investigated more aggressively post-2021, involving directed energy attacks on U.S. diplomats and intelligence personnel. These representations underscore Zaid's consistent focus on disclosures, independent of partisan control, though outcomes vary due to executive discretion in clearance and retaliation probes.

National Security and FOIA Litigation

Zaid has represented clients in numerous Freedom of Information Act (FOIA) lawsuits against U.S. intelligence and agencies, often seeking disclosure of records related to whistleblower allegations, classified operations, and government accountability. His litigation frequently challenges agency withholdings under exemptions for , , and deliberative processes, with cases spanning the CIA, FBI, DHS, and DOJ. These efforts have resulted in court-ordered releases of documents, including reports and internal communications, contributing to public scrutiny of agency practices. In Edmonds v. FBI (2005), Zaid represented former FBI translator , whose FOIA request uncovered evidence of her firing after reporting security breaches and misconduct involving Turkish influence operations; the resulting DOJ report confirmed interference in her whistleblower disclosures and validated aspects of her claims, leading to partial declassification of related materials. This case highlighted FOIA's role in exposing internal FBI vulnerabilities , though much remained redacted under Exemption 7(A) for pending investigations. Zaid litigated on behalf of appellants in Al-Fayed v. CIA (D.C. Cir. 2001), contesting the agency's —neither confirming nor denying records on alleged CIA-Libya contacts related to the 1988 bombing; the court upheld the response under Exemption 1 for classified foreign relations information, but Zaid's briefing emphasized public interest in accountability for international terrorism. Through affiliations like National Security Counselors, Zaid pursued multiple FOIA suits against the CIA involving over 47 requests on topics including overclassification and Privacy Act compliance; in consolidated cases like NSC v. CIA (D.D.C. 2011–2012), courts ordered processing of records on CIA FOIA practices and secrets invocations, rejecting blanket exemptions and mandating fee waivers for litigation. These actions exposed patterns of delay and over-redaction, influencing subsequent agency policies on mandatory declassification reviews. In matters, Zaid has handled representations involving assertions, such as FOIA challenges to CIA withholdings in whistleblower-related suits; for instance, in Boening v. CIA (D.D.C. 2007–2010), he sought records on a client's employment disputes tied to operations, resulting in partial disclosures after litigation over Exemption protections. More recently, in 2024 litigation, Zaid alleged CIA obstruction in a FOIA suit for anomalous health incident documents, claiming withheld evidence of foreign attribution and agency cover-ups, though outcomes remain pending. Zaid's FOIA work extends to historical accountability, including a 2018 suit for FBI files on the Committee's Senate intelligence investigations, arguing public benefit in declassifying 1970s reforms; the case advanced releases of redacted records on domestic abuses. Across these representations, courts have affirmed his strategic use of expedited processing and Vaughn indices to compel granular justifications for withholdings, though successes are tempered by deference to agency claims.

Controversies

Mark Zaid served as one of the attorneys representing the U.S. intelligence community whistleblower whose complaint, submitted on August 12, 2019, to the Intelligence Community Inspector General, detailed alleged abuses of power by President during a , 2019, with Ukrainian President . The filing prompted House Speaker to announce an impeachment inquiry on September 24, 2019, focusing on claims that solicited foreign interference in the 2020 U.S. by pressuring to investigate his political rivals, including and his son Hunter, while withholding congressionally approved military aid. Working alongside co-counsel Andrew B. Bakaj, a former CIA attorney, Zaid advocated for the whistleblower's anonymity, arguing that the individual's identity was irrelevant given corroboration from sources such as U.S. diplomat Bill Taylor's testimony, and publicly rebutted accusations from Trump and supporters labeling the whistleblower as biased or disloyal. Zaid emphasized the whistleblower's non-partisan credentials and prior representations across administrations, while warning of potential threats and retaliation against his client amid intense media and political scrutiny. On October 6, 2019, disclosed that his team was also representing a second whistleblower with first-hand knowledge of the call events, who had already provided information to the inspector general as part of the initial review. This individual, described by as possessing direct insights into the allegations, bolstered the inquiry's momentum without publicly revealing their identity. In November 2019, Zaid proposed allowing lawmakers to submit written questions directly to the original whistleblower, bypassing Democratic intermediaries, as a means to address concerns about partisan handling of the inquiry while avoiding in-person testimony that could endanger the client. Neither whistleblower testified publicly during the House proceedings, which culminated in two articles of impeachment— and obstruction of —passed on December 18, 2019; Zaid's firm, via Whistleblower Aid, later supported related high-profile witnesses whose disclosures contributed to the case. The acquitted on February 5, 2020.

Security Clearance Revocation

On March 22, 2025, President issued a presidential directing branch agencies to revoke active security clearances and immediately rescind access to for a list of specified individuals, explicitly including Mark S. Zaid. The directive targeted Zaid alongside former President , former Vice President , and other former officials and private individuals, citing their alleged roles in the politicization of intelligence processes or misuse of sensitive information during prior administrations. Zaid, a private attorney whose practice relies on maintaining a to represent clients in national security-related whistleblower cases, Act litigation, and related matters, publicly characterized the as an act of political retaliation linked to his professional advocacy against executive actions he viewed as . The loss of clearance impaired his ability to access classified materials essential for ongoing representations, prompting immediate legal challenges. In response, Zaid filed a on May 5, 2025, in the U.S. District Court for the District of Columbia (Zaid v. Executive Office of the President, No. 1:25-cv-01365), naming the Executive Office of the President, the Office of the , and other agencies as defendants. The complaint sought that the was unconstitutional, along with injunctive relief to restore his clearance, asserting violations of the First Amendment (through retaliation against protected speech and association), the (as arbitrary, capricious, and lacking reasoned explanation), and principles. Zaid attributed the action to his prior representations, including whistleblowers involved in investigations of administration conduct and impeachment-related inquiries. Defendants responded with a motion to dismiss filed on May 30, 2025, arguing that the President's authority to grant or revoke clearances constitutes a core executive function insulated from , drawing on precedents affirming broad presidential discretion in such matters absent clear statutory constraints. During a , 2025, hearing on Zaid's motion for a preliminary , his emphasized the revocation's punitive nature and its on legal advocacy, while amicus briefs from First Amendment scholars and Yale's Media Freedom & Information Access Clinic supported claims of viewpoint discrimination. The court has not yet ruled on the or dismissal motion, and the case remains pending as of October 2025.

Public Engagement and Views

Media Appearances and Commentary

Zaid has appeared as a commentator on law and whistleblower protections across multiple television networks, including , , and . On in October 2025, he analyzed the federal indictment of , asserting that officials routinely retain classified notes for writing without facing prosecution, describing such practices as commonplace. In November 2024, during another segment, Zaid recommended that certain clients targeted for potential retribution by President-elect consider expatriation to mitigate risks. On in January 2025, Zaid stated that most of his clients dismissed 's threats of retaliation, framing their stance as defiant with the remark "bring it on," while highlighting procedural safeguards in federal employment law. He has also featured on , discussing litigation over in publications by former officials, such as probes into Bolton's book. Additionally, Zaid joined C-SPAN's in February 2025 to address the Trump administration's initiatives to shrink the federal bureaucracy, emphasizing legal constraints on executive authority. In written commentary, Zaid co-authored a January 2025 New York Times opinion piece decrying Trump's interference with whistleblowers and intelligence community inspectors general as undermining accountability mechanisms. Contrasting this, a 2017 op-ed by Zaid maintained that political opposition to Trump did not excuse unauthorized leaks of classified material, underscoring the need for adherence to disclosure protocols regardless of administration. He has further critiqued lapses in due process for security clearance revocations in legal journals, arguing that expedited procedures under recent administrations bypassed established appellate rights.

Publications and Advocacy

Mark Zaid has edited or contributed to several works on law, government transparency, and whistleblower protections. He served as co-editor of Litigation Under the Federal Open Government Laws, published in 2008 by the , which addresses Act (FOIA) and Privacy Act litigation strategies. He also contributed to Whistle-blowing and the Intelligence Community (2007), focusing on legal challenges faced by intelligence whistleblowers, and Challenging The Pentagon's Media Censorship, examining restrictions on military-related disclosures. These publications emphasize procedural mechanisms for contesting government secrecy, drawing from Zaid's litigation experience rather than novel theoretical frameworks. Zaid has authored or co-authored op-eds and articles advocating for accountability in contexts. In a January 29, 2025, New York Times opinion piece co-written with P. Bakaj, he critiqued executive actions against inspectors general, arguing they undermine whistleblower protections under laws like the Inspector General Act of 1978. He has published in outlets such as the Washington Post, addressing pre-publication review processes and government overclassification, often highlighting empirical instances of delayed disclosures harming public oversight. In advocacy, Zaid founded the Project in 1998 as a nonprofit dedicated to informing the public about activities, policies, operations, and misconduct, primarily through FOIA requests and . The organization has pursued litigation to release historical records, such as those related to the JFK assassination and abuses, prioritizing evidence-based challenges to excessive classification over ideological narratives. Zaid has testified before congressional committees, including the Senate Judiciary and Government Operations, on topics like whistleblower safeguards and FOIA reforms, providing testimony grounded in case precedents rather than unsubstantiated policy preferences. His efforts underscore a commitment to institutional mechanisms for , evidenced by successful interventions reducing in specific domains.

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