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Pentagon contracted personal attorney of top defense official for rare earths transaction

Alan Waldenberg represented the Defense Department on a $550 million financing deal while serving as Stephen Feinberg's personal lawyer and trustee.

The short version

  • Alan Waldenberg, longtime outside counsel to Cerberus Capital Management and personal attorney to senior Pentagon official Stephen Feinberg, represented the Department of Defense in a major minerals agreement.
  • The July 2025 deal involved a $400 million equity investment and a $150 million loan to MP Materials to strengthen domestic rare earth supply chains.
  • Ethics specialists criticized the arrangement, arguing government officials should not select personal attorneys for federal contracts, while the Pentagon stated its processes complied fully with federal ethics regulations.
  • It remains unconfirmed whether Waldenberg or his law firm is advising the Defense Department on other equity transactions under an active $1.5 million federal contract.

Key facts

  • Alan Waldenberg represented the Department of Defense in its July 2025 transaction involving a $400 million equity stake and a $150 million loan to MP Materials.[Hacker News]
  • Waldenberg serves as the manager of Stephen Feinberg's irrevocable trust, acts as president of Feinberg's charitable foundation, and has represented Feinberg's private equity firm, Cerberus Capital Management, for about three decades.[Hacker News]
  • Feinberg is currently a Senate-confirmed civilian official serving as the second-ranking leader at the Pentagon.[Hacker News]
  • Waldenberg stated that Feinberg selected him for the transaction due to established personal trust and confirmed that his role was reviewed with Defense Department ethics personnel.[Hacker News]
  • Waldenberg's law firm holds a $1.5 million Defense Department contract scheduled to run through August 31, 2026.[Hacker News]
  • Former chief White House ethics lawyer Richard Painter stated that Feinberg should not have participated in deciding to hire his personal attorney for government business.[Hacker News]
  • The Defense Department asserted that its Office of Strategic Capital adheres to a rigorous ethics framework and operates in complete compliance with federal laws.[Hacker News]

What remains uncertain

  • Whether or to what extent Waldenberg is involved in advising on other Defense Department equity investments or critical minerals deals remains unknown.[Hacker News]
  • The specific ethics screening mechanisms and protocols applied by the Pentagon regarding the contract were not detailed by the department.[Hacker News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.