Jonathan Fahey is partner with Holtzman Vogel and focuses his practice on investigations and white-collar criminal defense, representing individuals and corporations in high-stakes litigation in federal and state court.

A former federal and state prosecutor and seasoned trial lawyer, having tried dozens of criminal and civil cases to a jury in federal and state court, Jonathan has also successfully litigated significant constitutional issues. He also utilizes his years of leading grand jury investigations to assist clients with government and corporate investigations.

Jonathan began his career as a judicial law clerk for the Arlington County Circuit Court.  He then worked as an Assistant Commonwealth’s Attorney in Fairfax County before transitioning to the United States Attorney’s Office in the Eastern District of Virginia, where he served as an Assistant United States Attorney and Special Assistant United States Attorney.

While with the United States Attorney’s Office, Jonathan led grand jury investigations in cases involving RICO, drug trafficking, human trafficking, public corruption, and white-collar offenses. For his work, he received multiple awards, including the Attorney General’s John Marshall Award, for the prosecution of a serial killer and sexual predator. He held several leadership positions within the office, including serving as the chief of the Special Assistant United States Attorney Section, where he trained and supervised attorneys in the prosecution of felony and misdemeanor cases. He also regularly conducted training for law enforcement agencies on legal and ethical issues.

In addition to his work as a criminal prosecutor, Jonathan has significant leadership experience within the executive branch. He served as the general counsel with the White House Office of National Drug Control Policy. He also served as Deputy Assistant Secretary at the Department of Homeland Security, Acting Principal Legal Advisor and then Acting Director for Immigration and Customs Enforcement.

Jonathan appears frequently on Fox News and Fox Business providing legal analysis as well as commentary on current events and political issues.


Clerkship/Government Experience

  • Assistant United States Attorney, Eastern District of Virginia
  • Assistant Commonwealth’s Attorney, Fairfax County, Virginia
  • Judicial Law Clerk, Arlington County Circuit Court
  • Acting Director, U.S. Immigration and Customs Enforcement (I.C.E)
  • Acting Principal Legal Advisor, U.S. Immigration and Customs Enforcement (I.C.E.)
  • Deputy Assistant Secretary, U.S. Department of Homeland Security
  • Senior Advisor, U.S. Department of Homeland Security
  • General Counsel, White House Office of National Drug Control Policy
  • Obtained a dismissal in district court for the Eastern District of Virginia and again in the Fourth Circuit Court of Appeals on a complex Constitutional issue in a criminal case that earned local and national media attention.
  • Achieved a dismissal in federal court in the Eastern District of Virginia at the 12(b)(6) stage in a multi defendant civil rights case where similarly situated defendants decided not to file a similar motion after deeming it unlikely to succeed.
  • Achieved a declination from the Department of Justice for a client involved in a high-profile matter.
  • Achieved a probationary sentence in a fraud case in the Eastern District of Virginia.
  • Obtained a Simple Pardon from Governor Glenn Youngkin for a convicted felon who turned his life around.
  • Represented a large corporation in a data breach class action in the Eastern District of Virginia. 


  • D.E.A. Administrator’s Award
  • The Attorney General’s John Marshall Award for Trial of Litigation
  • F.B.I. Public Service Award
  • Fairfax County Police Public Service Award
  • The Liam O’Grady Award (United States Attorney’s Office, Eastern District of Virginia)
  • Adjunct Professor, American University, Washington College of Law (2009)
  • Adjunct Professor, George Washington University Department of Forensic Science (2010-2014, 2018)
  • University of San Diego School of Law, J.D.
  • James Madison University, B.S.
  • Virginia State Bar
  • District of Columbia Bar
  • United States Court of Appeal for the Fourth Circuit
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Western District of Virginia