Just two days ago, this article was published at The Atlantic.
The Pathetic, Cowardly Collapse of Big Law
Trump’s actions are an attempt to tilt the scales of justice by using the raw power of government coercion—and they’re working.
by Paul Rosenzweig
Few Americans will have much sympathy for lawyers whose annual income reaches seven figures. But big law firms—especially those now under attack by the Trump administration—do crucial work, representing nonprofits and individual clients who face major legal consequences, both civil and criminal, for resisting Donald Trump’s assault on the rule of law. Without lawyers to represent them, those opposing Trump’s policies will, in effect, be legally disarmed, allowing his authoritarian impulses to run rampant.
Trump began his attack on Big Law with a presidential memorandum directed against the law firm of Covington & Burling ordering that all federal contracts with the firm be reviewed, presumably for termination, and that any of the firm’s lawyers and employees who aided Special Counsel Jack Smith in his investigations be reviewed for “their roles and responsibilities, if any, in the weaponization of the judicial process,” on pain of their security clearances.
Trump followed this with an executive order against the law firm of Perkins Coie (one of whose former partners, Marc Elias, represented Hillary Clinton during the 2016 campaign) that is far more sweeping. It orders a review to determine whether the security clearance of all lawyers and employees of the firm ought to be stripped, and a review—presumably for possible termination—of federal contracts not only with Perkins Coie itself but also with any client even merely represented by the firm.
This had an immediate, and presumably intentional, effect: Perkins Coie began bleeding clients, threatening its continued viability. The EO also seeks to limit federal hiring of former Perkins personnel, their access to federal property, and their “engaging” with government personnel.
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Today, important news from Joyce Vance!
Joyce Vance at Civil Discourse!
Unless you’ve practiced in Big Law, they’re probably just names: Perkins Coie, Covington and Burling,
Paul Weiss. They are the law firms Donald Trump has attacked, using the power of the presidency in a venal form of personal revenge, by way of Executive Orders (EOs) that are so harsh clients have left firms and some are rumored to be in dire straits. Yesterday it was Wilmer, Hale, targeted explicitly because they hired two lawyers—the EO called it “welcomed” them—who had worked on the Mueller Investigation, which concluded Trump had engaged in behavior that could be prosecuted, but declined to do so because of a DOJ policy prohibition of indicting a sitting president.
This is a big deal. It looked like the big law firms were going to fold, but some are standing strong.
Some of the firms have or are in the process of negotiating a way back into Trump’s good graces.
Wilmer, Hale and Perkins, Cole are standing strong.
But Wilmer, Hale, shortly after the EO against it became public put out this statement, “Our firm has a long-standing tradition of representing a wide range of clients, including in matters against administrations of both parties,” they said. As for Mueller, they applauded his “long, distinguished career in public service, from his time as a Marine Corps officer in Vietnam to his leadership of the FBI in the aftermath of the September 11th terrorist attacks.” No backing down.
Early Friday morning, Jenner and Block sued a comprehensive list of defendants including the United States, agencies implementing the EO against it, and individual officials including Cabinet secretaries, explaining in their complaint that: “The Order threatens not only Jenner, but also its clients and the legal system itself. Our Constitution, top to bottom, forbids attempts by the government to punish citizens and lawyers based on the clients they represent, the positions they advocate, the opinions they voice, and the people with whom they associate.”
My podcast co-host Jill Wine-Banks, a former Jenner and Block partner, told me this morning, “This is who Jenner and Block is. Leaders in the true meaning of the legal profession. Proud to have been a partner. All law firms should join to fight the attempt to end the rule of law by destroying law firms and courts.”
The courts are the branch of government that is trying to preserve the balance and prevent Trump from usurping power that does not belong in the hands of the presidency. Trump has been attacking the courts. Attacking the lawyers is part of that—courts can’t act on their own, they act only when lawyers bring cases. Jenner and Block, asking for a TRO against enforcement of the EO against them, made this point, “These orders send a clear message to the legal profession: Cease certain representations adverse to the government and renounce the Administration’s critics—or suffer the consequences.” They call the administration’s actions an attempt to keep lawyers from challenging the administration’s illegal actions in court.
Wilmer Hale filed a lawsuit moments later. They are represented by conservative icon and former George W. Bush solicitor general Paul Clement.
The two firms join Perkins, Coie, which filed a lawsuit against Trump in mid-March despite reports that they had some difficulty finding a firm willing to take them on as a client, in the moment of shock following Trump’s first order targeting a law firm.
Reason for hope?
Trump understands his vulnerability: The rule of law can still hold him accountable. That’s why he’s attacking it on all fronts. That’s why it’s so important that the lawyers are pushing back.
Expect more from the law firms. The increasing swiftness of the responses show that they now anticipate and understand that they are under attack from a previously unthinkable place, the White House. The Wilmer Hale firm filed their lawsuit less than a full day after Trump took action against them. These firms are prepared to fight it out in the one place where Trump can be forced to listen: The courts.
So, there is good news amidst the bad. The lawyers are going on the attack against Trump’s efforts to damage the legal system. More will follow. And public protests continue to grow as we approach the April 5 national day of protest.
Open thread.
Paul Weiss May Be a Coward, But Other White Shoe Law Firms are Standing StrongPost + Comments (158)
