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"Another significant victory for the rule of law over Trump's reign of lawlessness," said Rep. Jamie Raskin.
Congressman Jamie Raskin said the US Department of Justice's decision Monday to abandon its legal cases against law firms that refused to capitulate to President Donald Trump should serve as "a reminder that those who fight back against authoritarianism are winning."
The DOJ asked the US Court of Appeals for the District of Columbia to dismiss its cases against law firms including Perkins Coie, WilmerHale, Susman Godfrey, and Jenner & Block, which won legal challenges they filed last year after Trump issued executive orders saying they should lose government contracts and their employees should be blocked from government buildings.
Those executive orders were signed because the firms represented and employed high-profile Democrats and other opponents of Trump.
Other law firms, including Skadden Arps and Paul Weiss, angered lawyers within their ranks and the larger legal community when they signed deals with Trump; the latter firm agreed to end its internal diversity, equity, and inclusion initiatives and provide $40 million in free legal work for the president and causes he supports.
The Trump administration's decision on Monday proved, said Raskin (D-Md.), that "there’s no safety in appeasement.”
“When the Trump administration tried to bully and silence law firms by banning them from federal buildings, courthouses and contracts, a handful—like Susman Godfrey, Perkins Coie, Jenner & Block, and WilmerHale—fought back," said Raskin. "Today, those firms forced Trump to back down and abandon his blatantly unconstitutional effort to punish lawyers, clients, and causes because Trump disagrees with their speech. Meanwhile, the firms that chose to roll over saddled their associates and partners with doing billions of dollars-worth of free legal work for Trump, his twisted administration and his MAGA allies."
While other firms caved to Trump's demands last year, the companies that didn't quickly won legal victories, with one federal judge saying the executive order targeting Jenner & Block was “doubly violative of the Constitution" because it targeted the clients it represents as well as a lawyer it once employed—Andrew Weissman, who was part of former special counsel Robert Mueller's team that investigated Trump.
“This order, like the others, seeks to chill legal representation the administration doesn’t like, thereby insulating the executive branch from the judicial check fundamental to the separation of powers," US District Judge John Bates wrote last May. "It thus violates the Constitution and the court will enjoin its operation in full.”
"This episode will be remembered as demonstrating the difference between institutions that had the ethical courage to uphold the Constitution and fight bullying and then won, and those that compromised their ethics and gained nothing."
Jenner & Block said Monday that "the government’s decision to withdraw its appeals makes permanent the rulings of four federal judges that the executive orders targeting law firms, including Jenner & Block, were unconstitutional."
"Our partnership is proud to have stood firm on behalf of its clients, and we look forward to continuing to serve them—guided by these bedrock values—for many decades to come," said the firm.
Brian Hauss, deputy director of the Speech, Privacy, and Technology Project at the ACLU, said the DOJ had finally admitted "what everyone knew on Day 1: There is no way to defend these unconstitutional executive orders."
“This shameful assault on the rule of law has failed, thanks to the brave lawyers who refused to compromise their integrity," said Hauss.
Vanita Gupta, former associate attorney general under the Biden administration, told NBC News that the law groups that struck deals with the White House had "undermined the rule of law and the legal profession in this country."
"This episode will be remembered as demonstrating the difference between institutions that had the ethical courage to uphold the Constitution and fight bullying and then won, and those that compromised their ethics and gained nothing," Gupta said. "Let’s hope that media companies, universities, and other organizations pay heed."
In addition to his attacks on law firms, the president has threatened universities with funding cuts and federal investigations into what the White House views as antisemitism and extremism on campus and the colleges' efforts to promote diversity and inclusion.
At least six universities have struck deals with Trump. The University of Pennsylvania agreed to ban transgender student athletes from participating on women's sports teams and Columbia University agreed to further crack down on campus protests like those that erupted in 2024 against US support for Israel's assault on Gaza—protests that both the Biden and Trump administrations claimed were antisemitic.
Harvard sued the administration over its decision to freeze $2.2 billion in research funding and was granted a restraining order last year to protect international students whom the White House had threatened with visa restrictions.
On Monday, Raskin said the DOJ's decision to back down from the attacks on law firms was "another significant victory for the rule of law over Trump's reign of lawlessness."
Too many of the president’s alleged adversaries are keeping their head down and trying to stay out of the line of fire. That has to change, and change soon, or they—and we—will all hang separately.
The appalling spectacle of some of the nation’s most prestigious law firms, media companies, and universities surrendering to bully pulpiteer Donald Trump’s extortion brings to mind that quip Benjamin Franklin made at the signing of the Declaration of Independence: “We must all hang together, or assuredly we shall all hang separately.”
Trump’s revenge campaign is just one aspect of his all-out war on democracy—and it’s easy to get distracted by his latest daily outrage—so there’s no blame for not following it closely. The gist of it is, since taking office, Trump has relentlessly attacked his perceived enemies and has brought a significant number of them to heel.
Trump’s crusade should not come as a total surprise. After all, he told his supporters at a March 2023 rally: “For those who have been wronged and betrayed… I am your retribution.” What is shocking is the capitulation rate. One by one, Trump has been picking off his alleged adversaries. To be sure, some are fighting back, but too many are keeping their head down and trying to stay out of the line of fire. That has to change, and change soon, or they—and we—will all hang separately.

Nine prominent law firms, including Paul Weiss, Skadden Arps, and Latham & Watkins, have struck deals to avoid punitive executive orders Trump issued because they represented clients or took legal positions at odds with his administration. The orders would have revoked the firms’ security clearances, blocked their access to government buildings, and canceled their federal contracts. To get Trump to back down, they agreed to provide a total of $940 million in pro bono legal services to support Trump’s pet causes and eliminate diversity, equity, and inclusion (DEI) considerations in hiring and promotion.
At least four other major law firms, including Perkins Cole and WilmerHale, are resisting. They filed lawsuits arguing that Trump’s executive orders are unconstitutional retaliations that threaten the rule of law and violate First Amendment protections. Judges have issued temporary injunctions to block the executive orders.
Trump has not issued any executive orders against law firms since April, but the threat has had a chilling effect. “Some of the country’s largest law firms have declined to represent clients challenging the Trump administration…,” a recent ProPublica investigation found, “while others have sought to avoid any clients that Trump might perceive as his enemies.”

Both ABC News and Paramount, owner of CBS News, crumpled in the face of a meritless Trump lawsuit.
Trump’s case against Disney’s ABC News, which settled last December for $15 million for Trump’s presidential library, largely turned on semantics. Anchor George Stephanopoulos incorrectly stated on air that Trump was found civilly liable for raping writer E. Jean Carroll. In fact, he was found guilty of sexually assaulting (and defaming) Carroll. That said, the judge handling the case said the claim that Trump raped Carroll was “substantially true,” but the term “rape” is narrowly defined by New York state law. At any rate, to win the case, Trump would have had to clearly prove that Stephanopoulos’ comment was false and that he said it with “actual malice”—that he knew it was false or acted with reckless disregard of the truth. Trump would have lost.
Will news organizations now think twice before criticizing Trump? Most likely, yes.
Paramount’s July 2 settlement of $16 million for Trump’s library was tantamount to bribery. Trump sued Paramount for $10 billion last October, alleging that “60 Minutes” deceptively edited an interview with presidential candidate Kamala Harris to make her look good. No matter that editing interviews for time and clarity is what broadcast news organizations do.
Trump did not have a case, but Paramount had a $8.4 billion merger with Skydance, a Hollywood studio, pending before the Federal Communications Commission (FCC)—now chaired by Project 2025 coauthor Brendan Carr—and it didn’t want to antagonize Trump. On July 14, CBS “Late Show” host Stephen Colbert called Paramount’s settlement a “big fat bribe.” The network cancelled his show three days later. On July 24, the FCC approved the merger.
Critics characterized the two settlements as acts of cowardice that threaten press freedom by emboldening frivolous lawsuits. Will news organizations now think twice before criticizing Trump? Most likely, yes.

At least a handful of news organizations, including the Associated Press and NPR, have pushed back against Trump’s bullying, but the results were hardly a victory for the First Amendment.
The Associated Press (AP) sued the White House in February for blocking its reporters from Oval Office briefings and Air Force One press pools because the news service didn’t adopt Trump’s new name for the Gulf of Mexico. AP argued banning its reporters violates its First Amendment rights. The case is still tied up in court.
In late April, the Corporation for Public Broadcasting (CPB) sued Trump for firing three of its five board members. In late May, NPR and PBS sued the Trump administration over the executive order to revoke federal funding for public broadcasting. Late last month, Trump signed a bill canceling $1.1 billion in public broadcast funding—which Congress had originally approved—in a “rescission” package, and on August 1, CPB announced it was shutting down.
More recently, Trump filed a $10 billion defamation lawsuit after the Wall Street Journal published a story on a sexually suggestive letter Trump sent to Jeffery Epstein for his 50th birthday. Denying that he had written the letter, Trump sued Rupert Murdoch; News Corp and its CEO, Robert Thomson; Dow Jones & Company; and the reporters who wrote the piece, calling the article “false, malicious, defamatory, FAKE NEWS” on Truth Social. The Journal stands by the story and is prepared to defend it in court.
“There’s nothing inherently wrong with a president bringing a libel suit,” the renowned constitutional lawyer Floyd Abrams told the AP. “But this claim [against the Wall Street Journal] certainly seems like nothing more or less than an effort to suppress speech that our president finds discomforting. That’s not why we have libel law. It’s why we have a First Amendment.”

Under the pretext of rooting out antisemitism and DEI programs on campus, Trump has been bludgeoning the most prominent American universities, threatening to cancel their federal research funding unless they change their policies.
On July 23, my alma mater Columbia University and the University of Pennsylvania were the first to capitulate. Columbia did not admit to any wrongdoing, but agreed to pay a $200 million fine; stop considering race in admissions and hiring; share with the federal government applicants’ standardized test scores, grade point averages, and race; and pay an additional $21 million to settle US Equal Employment Opportunity Commission investigations. In return, the school regains access to nearly $1.3 billion in annual federal funding that was placed on hold. Penn settled the same day but did not agree to pay anything. Among other things, it promised to align its athletic department’s policies with the Trump administration’s position banning transgender athletes.
Less than a week later, my other alma mater, Brown University, settled with the administration, agreeing to dismantle DEI programs and spend $50 million over 10 years on Rhode Island workforce development organizations. In return, the administration will reinstate $510 million in federal contracts and grants it threatened to block. Like Columbia, Brown also agreed to share details about its applicants with the federal government. Trump celebrated the agreement with a post on Truth Social proclaiming: “Woke is officially DEAD at Brown.”
In a March interview with the AP, former Trump White House lawyer Ty Cobb said giving in to a bully makes things worse by creating a snowball effect. “
Harvard University, which initially stood up for academic freedom and sued the administration, is reportedly moving toward a settlement requiring the university to pay $500 million to vocational or work force training programs instead of directly to the federal government or Trump’s presidential library. If finalized, the Trump administration would then restore billions of withheld federal dollars to the school for research and other programs.
The administration’s professed rationale for punishing universities because of antisemitism on campus doesn’t pass the smell test. It’s a ruse. It’s all about trying to stamp out perceived leftist ideology and snuff out speech it opposes, according to Trump’s education secretary, Linda McMahon.
In a July 24 interview with Fox Business, McMahon applauded the Columbia settlement as “a monumental victory for conservatives who wanted to do things on these elite campuses for a long time because we had such far left-leaning professors…” “We’re really hopeful,” she added, “this particular settlement agreement is going be a template for other universities to follow.”
Likewise, Vice President JD Vance has made it clear that, in his opinion, “professors are the enemy.” In November 2021, he delivered the keynote address at the National Conservatism Conference in Orlando. He spent 30 minutes railing about corrupt American universities and then closed by quoting Richard Nixon, who he called a “great prophet and statesman.”
“I think in this movement of national conservatism what we need more than inspiration is we need wisdom,” Vance said, “and there is a wisdom in what Richard Nixon said approximately 40 or 50 years ago. He said, and I quote: ‘The professors are the enemy.’” (During that same taped conversation, ironically with former professor Henry Kissinger, Nixon also said “the press is the enemy.”)

In a March interview with the AP, former Trump White House lawyer Ty Cobb said giving in to a bully makes things worse by creating a snowball effect. “The more of them that cave, the more extortion that that invites,” he said. “You’ll see other universities and other law firms and other ‘enemies’ of Trump assaulted and attacked into submission because of that.”
So, what is to be done?
New York Times columnist David Brooks addressed this question on the “PBS News Hour” during his weekly discussion with MSNBC’s Jonathan Capehart on July 25.
“Well, there are two possible responses,” he said. “One, the one that’s being chosen by most organizational leaders right now, is lay low. It’s so, well, maybe they won’t pick on me, or maybe we will make a concession and they won’t pick on me...”
“The other option, which I thought we were going to have, is a broad coalition, not only of all universities, but all law firms, businesses, nonprofits, foundations, anybody in any sector that could be part of the extortion attempt,” he continued. “And they would say, we will band together. There’s strength of numbers. If they come for one of us, they come for all of us, sort of a domestic NATO Article 5.”
I would take Franklin’s proposition a bit further: It is the first responsibility of every citizen to defy authority when that authority is illegitimate.
I made the exact same argument in my graduation speech at Brown in 1976. I wasn’t talking about how to buck an authoritarian government, I was talking about how to challenge a top-down, undemocratic workplace, but it’s analogous.
The nation’s bicentennial year wasn’t a great time for a recent grad to be looking for a job. Industrial output had rebounded from a slump and corporate profits were up, but the recovery was jobless, and states and municipalities—and colleges—were facing major deficits. Given the scarcity of jobs in academia and the difficulty of earning a living as a solo practitioner, I warned my classmates: “More often than not we will find ourselves in basically undemocratic, hierarchical institutions that are resistant to change. These institutions are characterized by authoritarian control from above, and those who are not in the upper reaches of the hierarchy are excluded from the decision-making process.”
How did Brown prepare us for that future? By providing a taste of it. I cited examples of how, during my time there, Brown acted like any other corporation to protect its interests at the expense of its students, faculty, and workers. And then, like David Brooks, I spelled out the two ways to respond to authoritarians.
The first, I explained that June morning, is the “individual survival” response. One person alone has little chance against an institution, so it makes sense to keep your head down and accept the status quo. (By the same token, one university, one law firm, or one news organization alone has little chance against an authoritarian government.)
The second, more effective way is with a collective, community response. The civil rights, women’s, anti-war, gay, and environmental movements my generation grew up with demonstrated firsthand that united action can lead to positive change. It’s clear that strength comes in numbers, be it in school, the workplace, the voting booth, or the streets.
As mentioned above, 200 years before I gave that speech, Benjamin Franklin said: “We must all hang together, or assuredly we shall all hang separately.” He also pointed out: “It is the first responsibility of every citizen to question authority.”
I would take Franklin’s proposition a bit further: It is the first responsibility of every citizen to defy authority when that authority is illegitimate.
Certainly, there are significant risks to sticking your neck out, but the risks of doing nothing are even greater. If I learned anything during my four years at Brown—and my 40 years in Washington, DC—it’s that democracy is not a spectator sport, and we are all being tested by the worst political crisis of our lifetime.
This article first appeared at the Money Trail blog and is reposted here at Common Dreams with permission."There has never been a more urgent time for the ABA to defend its members, our profession and the rule of law itself," said the group's president.
The American Bar Association sued U.S. President Donald Trump's administration in a Washington, D.C. federal court on Monday over what the ABA called his "law firm intimidation policy."
"Since taking office earlier this year, President Trump has used the vast powers of the executive branch to coerce lawyers and law firms to abandon clients, causes, and policy positions the president does not like," states the ABA complaint, which names various entities and leaders in the administration as defendants.
The document lays out how the administration has carried out this policy using "executive orders designed to severely damage particular law firms and intimidate other firms and lawyers," as well as "'deals' or 'settlements' between the administration and certain law firms in order to avoid such orders or have them rescinded."
Trump's administration has also relied on "other related executive orders, letters, and memoranda," and "public statements by the president and his administration publicizing the objectives of the law firm intimidation policy," the complaint details. "The president's attacks on law firms through the faw firm orders are thus not isolated events, but one component of a broader, deliberate policy designed to intimidate and coerce law firms and lawyers to refrain from challenging the president or his administration in court, or from even speaking publicly in support of policies or causes that the president does not like."
The filing stresses that "without skilled lawyers to bring and argue cases—and to do so by advancing the interests of their clients without fear of reprisal from the government—the judiciary cannot function as a meaningful check on executive overreach."
Some firms are already fighting back against Trump's attacks, which the ABA called "unprecedented and uniquely dangerous to the rule of law." As Bloomberg detailed Monday:
Three firms hit with executive orders—Perkins Coie, Jenner & Block, and WilmerHale—later obtained permanent injunctions against the executive orders, with judges striking them down as unconstitutional. Susman has obtained a temporary injunction and is awaiting a ruling on a request for a final decision.
Nine other firms have pledged a total of nearly $1 billion in free legal services as part of deals to avoid similar orders. They committed to working on causes championed by Trump, including combating antisemitism, assisting veterans, and ensuring fairness" in the justice system.
After powerhouse firm Paul Weiss struck a deal with Trump, eight others—A&O Shearman, Cadwalader, Kirkland & Ellis, Latham & Watkins, Milbank, Simpson Thacher, Skadden Arps, and Wilkie Farr—followed suit. The firms have faced intense criticism for the agreements.
Meanwhile, as the ABA filing points out, "public reporting demonstrates that the chill on the legal profession—and particularly on 'Big Law' firms—has not been relieved by these favorable rulings. 504 law firms filed an amicus brief in support of Perkins' motion for summary judgment. As was widely reported, though, none of the top 25 U.S. law firms by revenue signed the brief, and fewer than 10 of the top 100 firms (the AmLaw 100) signed."
"By the time Susman filed its motion for summary judgment, four different judges had enjoined executive orders targeting law firms as likely unconstitutional," the complaint adds. "Yet still, fewer than 10 of the AmLaw 100 firms signed the brief in support of Susman, and none of the top 25 firms did."
The complaint also highlights other impacts, including that "many attorneys are no longer willing to take on representations that would require suing the federal government," and "others have dropped ongoing representations; ended their participation in
contemplated cases; or declined representations—even of clients with whom they had longstanding prior attorney-client relationships—not because the merits of the case were weak or the attorney had some substantive objection to taking the case, but because the representation was deemed too likely to result in severe retaliation from the president."
"Public interest attorneys who rely on their partnership with and representation by law firms—particularly in time- and resource-intensive pro bono cases—have not brought cases that they otherwise would have because their choice of counsel has been compromised," the filing says. "Still others have abstained from expression related to their prior representations that they would otherwise have engaged in, or even removed existing writings related to past representations from the public sphere."
"And those attorneys who do intend to proceed with work disfavored by the president now do so under the objective threat of potentially devastating retaliation pursuant to the policy, with all the severe harm, expense, and distraction that accompany such threat," the document warns. "All such harms are already happening; are ongoing; and will continue in the absence of relief from the court."
While the White House hasn't yet commented on ABA v. Executive Office of the President et al., William R. Bay, president of the association, said in a Monday statement that "this is the time to stand up, speak out and seek relief from our courts... There has never been a more urgent time for the ABA to defend its members, our profession, and the rule of law itself."
This is not the legal group's only case against the administration. Bloomberg noted that "the ABA earlier this year laid off one-third of its workforce after the Trump administration cut $69 million of its grant funding. The organization is waging another suit against the Justice Department as it tries to cut another $3.2 million in federal grants."
The president's bullying was always about intimidation and deterrence. Here's the sound it makes when not one, but many, other shoes begin to drop.
The Big Law firms that capitulated to President Donald Trump’s unconstitutional demands thought they were buying peace with his administration, preserving their client relationships, and protecting their bottom lines.
Recent developments illustrate the growing magnitude of their mistake.
Fighters Are Winning
On May 2, U.S. District Court Judge Beryl Howell became the first court to issue a final ruling that Trump’s executive orders targeting Big Law firms violated the First, Fifth, and Sixth Amendments to the U.S. Constitution. In a 102-page opinion, the court shredded Trump’s edict with a straightforward analysis that other courts are likely to follow:
“In a cringe-worthy twist on the theatrical phrase ‘Let’s kill all the lawyers,’ [Trump’s Executive Order] takes the approach of “Let’s kill the lawyers I don’t like,” sending the clear message: lawyers must stick to the party line, or else.
“Using the powers of the federal government to target lawyers for their representation of clients and avowed progressive employment policies in an overt attempt to suppress and punish certain viewpoints, however, is contrary to the Constitution,…. Simply put, government officials ‘cannot . . . use the power of the State to punish or suppress disfavored expression.’
“That, however, is exactly what is happening here.”
For those keeping score, Trump’s Justice Department has now lost every courtroom fight on the subject. Jenner & Block, WilmerHale, and Susman Godfrey obtained immediate temporary relief from his executive orders, as did Perkins Coie, which has now won a permanent injunction from Judge Howell.
Meanwhile, how are the firms that caved to Trump doing?
The Other Shoe Drops: #1
After providing Trump with a war chest totaling almost $1 billion in free legal services, the settling firms are now learning how he plans to use it. Previously, Trump had mused about using Big Law attorneys on coal leasing and tariff deals, but on April 28 things got real.
Trump issued an executive order titled, “STRENGTHENING AND UNLEASHING AMERICA’S LAW ENFORCEMENT TO PURSUE CRIMINALS AND PROTECT INNOCENT CITIZENS.”
The order emphasized the need to “protect and defend law enforcement officers wrongly accused and abused by State or local officials.” It directed Attorney General Pam Bondi to provide the legal resources necessary to defend those officers, including “private-sector pro bono assistance.” [emphasis supplied]
Stated simply, police officers accused of brutality and other misconduct will get Big Law attorneys to defend them – free of charge.
Meanwhile, traditional pro bono causes, including defending immigrants’ rights, are suffering from the deterrent effect of Trump’s attack. Fearing his wrath, they are declining work that challenges his policies.
Settling firms were already getting blowback from their partners and associates as many have left their firms. Trump’s newly-added page to their pro bono catalog won’t help recruiting or retention. And as with all things Trump, there’s no limiting principle. Appeasement never produces finality.
The Other Shoe Drops: #2
The firms’ stated reason for capitulating to Trump was concern that clients would leave any firm that was not in Trump’s good graces. That premise is not aging well either.
On April 11, Simpson, Thacher & Bartlett agreed to provide $125 million in pro bono work “and other free legal services” to Trump-designated causes.
On April 22, the firm informed the Delaware Chancery Court that it would no longer be representing Microsoft in a case related to its 2023 acquisition of Activision. The same day, Jenner & Block replaced Simpson Thacher as Microsoft’s counsel.
Losing a client to another firm is not uncommon, and none of the players has commented on Microsoft’s switch. But capitulation to Trump has not been a panacea for preserving client relationships. A firm that challenges an unconstitutional order threatening its existence is a firm that many clients want fighting for them.
The Other Shoe Drops: #3
On April 24, 16 House members sent letters to nine firms that settled with Trump. Asking about their motivations and urging them to disavow the deals, lawmakers suggested that the agreements may violate federal and state criminal and civil laws while creating “potentially irresolvable violations of applicable Rules of Professional Conduct.” Previously, Sen. Richard Blumenthal (D-Conn.) and Rep. Jamie Raskin (D-Md.) sent requests for information from several firms and White House counsel on April 6 and April 18.
The Other Show Drops: #4
Firms assumed that capitulation would occupy a single news cycle and then disappear. But their public relations nightmares aren’t going away. Apart from the widespread and ongoing condemnation of the legal community, the story continues to have legs as a fateful moment for the rule of law in the United States.
The May 4 edition of CBS’s 60 Minutes ran a damning segment on Big Law firms that settled with Trump. None was willing to appear and defend itself or its deal. The legal term for such continuing cowardice is res ipsa loquitur – the thing speaks for itself. In this case, the firms didn’t speak at all.
On May 9, an article that later appeared in the New York Times Sunday print edition ran with this headline and subhead:
Can Elite Lawyers Be Persuaded to ‘Wake Up and Stand Up’?
When the law firm Paul Weiss cut a deal with the Trump administration, a new kind of activist emerged.
Some of the settling firms, including Kirkland & Ellis and at least one other, have an escape hatch: Their “handshake deals” with Trump are not in writing. They can do what Trump does when he no longer likes his own prior agreement: Walk away.
In fact, even firms with a written agreement can walk away too. Whatever their form, the deals are probably not enforceable. But that was never Trump’s main objective. It was always about intimidation and deterrence. When firms bent the knee to him, he won and scored an invaluable public relations victory.
And his accompanying billion-dollar windfall didn’t hurt.
The White House attorneys who drafted Trump’s executive orders targeting Big Law firms—and the Justice Department lawyers trying to defend them—should consider the oath they took to defend the Constitution.
U.S. President Donald Trump directed Attorney General Pam Bondi “to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation,” including legal filings for improper purposes and statements that are not based on evidence.
Bondi should start with the White House attorneys who drafted Trump’s executive orders targeting Big Law firms—and her Justice Department lawyers trying to defend them.
Cloaked in empty rhetoric about “conduct detrimental to critical American interests,” retribution is at the core of Trump’s edicts.
For example, the only detailed rationale for Trump’s Jenner & Block order was the firm’s association with Andrew Weissmann, who returned to the firm in 2020 after completing his work for Special Counsel Robert Mueller on the Trump-Russia investigation. Other than the Weissmann diatribe, Trump’s order merely recited vague and unsupported assertions about alleged “partisan ‘lawfare,’” “abuse of its pro bono practice,” and “racial discrimination.”
But on that basis, Trump directed all federal agencies to: 1) limit the entire firm’s engagement with federal employees; 2) limit the entire firm’s access to federal buildings; 3) suspend the entire firm’s security clearances; 4) terminate the firm’s government contracts; and 5) require all government contractors to disclose any business that they do with Jenner—with an eye toward terminating those contracts as well.
Zealous advocacy on behalf of any client—even the president of the United States—has limits.
Four law firms have challenged Trump’s similar orders. In stark language, four separate federal courts have granted immediate relief:
In three recent hearings, Deputy Associate Attorney General Richard Lawson—Bondi’s longtime Florida colleague and Trump loyalist—struggled to answer judges’ basic questions about the orders targeting Perkins Coie, WilmerHale, and Jenner & Block:
When Lawson argued that Trump could target Jenner because it “discriminates against its employees based on race,” U.S. District Court Judge John Bates, an appointee of President George W. Bush, snapped back, “Give me a break.”
In fairness to Lawson, Trump and his White House attorneys who wrote the orders hadn’t given him much to work with.
Take a closer look at Jenner’s claims, followed by selected highlights of the government’s 37-page response:
The First Amendment:
The government says that Trump was just exercising his free speech rights. It asserts that Jenner’s lawsuit “carries with it a dangerous risk of muzzling the Executive.” The government also argues that Jenner’s speech is not protected insofar as it “consists of employment practices involving racial discrimination [favoring women and minorities].”
The Fifth and Sixth Amendments guarantee a litigant the unfettered right to the effective assistance of counsel of his or her choice.
The government says that: 1) clients (not law firms) have to assert such claims; 2) any impact of barring Jenner from federal buildings or its clients from federal contracts is speculative; and 3) Trump’s order does not violate those rights in any event.
Due Process is required before the government can deprive a person of liberty or property interests. It requires notice of the claims, clarity about their meaning, and the opportunity to be heard before the deprivation occurs. None of that occurred. The resulting harm, including damage to the firm’s reputation, was immediate and ongoing.
The government says that: 1) the order is sufficiently clear; 2) it has not yet harmed the firm; and 3) the firm will receive any required notice before the order actually injures it.
Equal Protection requires the government to treat similarly-situated entities similarly or, at a minimum, have a rational basis for failing to do so.
The government insists that Jenner is not being singled out for unfair treatment.
The Constitution’s Separation of Powers prohibits Trump from acting as accuser, prosecutor, judge, jury, and executioner. But he wore all of those hats in his executive order.
The government says that Trump’s order is an appropriate exercise of presidential power.
Zealous advocacy on behalf of any client—even the president of the United States—has limits. Upon admission to the bar, every attorney swears an oath to defend the U.S. Constitution and to uphold the rule of law. A code of professional ethics requires any legal argument to be “warranted by existing law or by a nonfrivolous argument” for changing it. Attorneys must ensure that their statements about facts are “reasonably based” on evidentiary support.
Trump’s retaliatory orders seek to intimidate lawyers and law firms into submission and thereby undermine the legal system. His own conduct refutes his lawyers’ contrary arguments. As other firms have capitulated, pledged “political neutrality,” and collectively committed to provide almost $1 billion in free legal services to Trump-designated causes, his executive orders’ stated concerns about those firms’ “conduct detrimental to critical American interests” miraculously disappeared.
Trump even boasted, “And I agree they’ve done nothing wrong. But what the hell—they give me a lot of money, considering.”
In one of the many amicus briefs supporting Jenner’s challenge, more than 800 law firms—including Deputy Associate Attorney General Lawson’s former firm, Manatt, Phelps, & Phillips—urged that Trump’s executive order “should be permanently enjoined as a violation of core First, Fifth, and Sixth Amendment guarantees, as well as bedrock separation-of-powers principles.”
“But something even more fundamental is at stake… [Trump’s] Orders pose a grave threat to our system of constitutional governance and to the rule of law itself.”
I don’t know what Trump’s lawyers see when they look into a mirror. But I know this: History will not be kind to them.
Every lawyer takes an oath to defend the U.S. Constitution. To abandon that pledge at this moment, when the Constitution is in mortal danger, is shameful.
As part of U.S. President Donald Trump’s seemingly endless journey on the Good Ship Retribution, he has, as widely reported, now fired shots across the bow of a number of law firms. Their “crime” has been having the audacity to employ lawyers Trump dislikes or representing people or causes he dislikes. The sanctions he wants to enforce are significant, including barring the offending firms’ attorneys from receiving federal contracts, striping them of security clearances, and even barring them from entering federal buildings. And this is in addition to launching federal investigations into their DEI policies.
Because, after all, what could be worse than diversity, equity, and inclusion?
The law firms Trump is attacking are, at least mostly, huge operations, the type of firms that are collectively known as “Big Law.” While some of these firms are fighting back, many have chosen to cut a deal. In other words, they’ve caved. Large firms that have folded include Milbank, Paul Weiss, Skadden Arps, and Willkie Farr & Gallagher. The “honor” of being regarded as the leader of the pack, however, goes to Paul Weiss, as the first to cave.
While earning a living is important, being a lawyer is about much more than money.
As an attorney practicing in a small law firm in Wichita, Kansas, I have little in common with lawyers working in Big Law firms. A Paul Weiss lawyer and I are both attorneys, but we practice in different worlds. For 40 years I have defended healthcare providers in malpractice cases. These lawsuits sometimes involve millions of dollars. That’s chicken feed to these guys. The top Big Law litigators will at times handle litigation involving hundreds of millions of dollars or even more, while, at the same time, the firm’s business lawyers represent corporations in transactions involving multiple billions of dollars.
These Big Law firms are immense. Paul Weiss has over 1,000 lawyers.
My firm has six, and that includes one who is basically retired.
Top partners in Big Law firms like Paul Weiss can charge $2,400 an hour or more.
My usual billing rate is less than a tenth of that number.
The annual pay last year for an equity partner in Paul Weiss was $7.5 million.
My pay is, shall we say, somewhat lower.
A true multinational firm, Paul Weiss has offices located from Asia to Europe and their home base in North America, with offices in both the U.S. and Canada.
My firm has just the one office and none of us have practiced law outside the United States. But I have visited Canada a few times.
I do, however, have one thing in common with Big Law attorneys. We all took the same oath to support and defend the Constitution which, by definition, includes supporting and defending the Rule of Law.
Very few lawyers specialize in constitutional law or professional ethics. Most of us practice in areas like divorce cases (family law), defending or prosecuting criminal cases (criminal law), trying civil lawsuits (trial lawyers), probating wills (estate practice), and representing corporations in business transactions (business law). Working in these specialized areas of the law there’s little occasion to think deeply about concepts like defending the Constitution. But the oath, and the lawyer’s obligation to follow it, is always there.
Law is a profession, but also a business—and, as they say, the business of business is business—in other words, making money. And there is nothing wrong with this. EMS providers save lives, but they also have bills to pay. The need to pay bills is just as true for lawyers. But while earning a living is important, being a lawyer is about much more than money.
Those leaders of Big Law, still refusing to vigorously defend or even speak out in support of the Rule of Law, need to consider what matters most to them. What they would most want to be remembered for—maximizing profit or defending freedom?
Defending the Constitution when, and if, the need arises must always come first. This is true even when doing so is painful, which at times it can be. As a publication of the American Bar Association has said, lawyers “are obligated to act in support of the U.S. Constitution in all situations, especially where it’s the hardest for you.”
Many lawyers have gone through an entire career never having to face an issue like this. But those of us practicing today aren’t that lucky. We live in a time when the survival of the Constitution and the Rule of Law are in the greatest jeopardy since the Civil War. The American people decided to give the staggering power of the presidency to a man who has never tried to conceal his hunger for absolute power, nor his love of cruelty.
Making matters worse, the separation of powers, which is supposed to protect us from presidential overreach, has, in the words of Don McLean, caught the first train to the coast. Congress is moribund. The Supreme Court hasn’t clearly spoken yet. There is reason for concern, given the majority’s far-right ideology, as to how they will rule when the time comes. And even if the Supreme Court rules against Trump he may refuse to accept it, creating a constitutional crisis.
To be honest, I can live with a constitutional crisis. What scares me more is if there isn’t one. That when the general public is finally forced to face up to Trump’s authoritarian agenda, people will yawn and go about their lives. And why wouldn’t they, given the example set by institutions like Columbia University caving to Trump’s extortion/ And the same goes for much of Big Law—choosing the easy route of ignoring their oath to keep the cash flowing into the firm accounts.
Big Law does have much to lose if they fight. Crossing Trump has the potential of creating a serious crimp in their cash flow. Not only would they be risking government business, but they would face a real risk of losing major corporate clients—their biggest cash cow. Corporations will have no problem recognizing that if they continue to retain lawyers who are on Trump’s enemies list, they will face a significant risk that Trump will sic MAGA on them, which could seriously damage their business. If Columbia University and Big Law are willing to kiss Trump’s ring, can anyone doubt that for-profit corporations will do the same?
So yes, Big Law has much to lose. But realistically we aren’t talking about closing the doors of a firm. The worst-case scenario is probably something like equity partners at Paul Weiss only taking home $4 million a year for a few years instead of $7.5 million. But the fact remains, they took an oath. This is part of the quid pro quo inherent in becoming a lawyer. You are allowed to practice your profession, but to do so you must first take an oath accepting the obligation to support and defend the Constitution. This is a duty all lawyers share, whether they work in big firms, small firms, corporate legal departments, the government, or a nonprofit entity. It’s a big part of what defines us.
To abandon that pledge at this moment, when the Constitution is in mortal danger, is shameful. Those leaders of Big Law, still refusing to vigorously defend or even speak out in support of the Rule of Law, need to consider what matters most to them. What they would most want to be remembered for—maximizing profit or defending freedom?
It shouldn’t be a hard decision.
The big firms that refused to sign because they’re afraid of angering Trump have let America down. Cowards one and all before a power-hungry bully.
Let me first congratulate the 504 law firms that have thrown their support behind Perkins Coie in a friend-of-the-court brief. Perkins Coie was the first firm to receive a vindictive executive order from Trump that jeopardized its ability to represent government contractors and limited its access to federal buildings, all because one of its attorneys had helped investigate Russia’s support for Trump’s 2016 presidential campaign.
The 504 firms rightfully declare that Trump’s attack on law firms poses “a grave threat to our system of constitutional governance and to the rule of law itself.” Their brief goes on to say:
“Unless the judiciary acts decisively now, what was once beyond the pale will in short order become a stark reality. Corporations and individuals alike will risk losing their right to be represented by the law firms of their choice and a profound chill will be cast over the First Amendment right to petition the courts for redress.”
Perkins Coie and two other firms that received almost identical executive orders —WilmerHale and Jenner & Block — are now fighting the executive orders in court (WilmerHale and Jenner & Block also signed the friend-of-the-court brief).
Big firms supporting Perkins Coie include Covington & Burling (28th in The American Lawyer’s rankings of the top revenue-generating firms) and Arnold & Porter (47th).
Frighteningly, though, not a single one of the nation’s top 20 firms by revenue have signed on — including Kirkland & Ellis, Latham & Watkins, Gibson Dunn, and Sullivan & Cromwell. Nor did Skadden Arps, which recently struck a deal with Trump to avoid an executive order. Nor did Paul Weiss, which was the target of an executive order before it reached a deal of its own.
Two other firms chose to cave to Trump’s demands even before being hit with an executive order. Last week, the two firms — Willkie Farr and Milbank — cut deals with Trump promising to dedicate $100 million of pro bono work to causes that Trump supports.
The big firms that refused to sign on to the friend-of-the-court brief worry that signing the document will draw Trump’s ire and cost them clients.
It’s a clear choice between courage and greed.
The big firms that did sign the friend-of-the-court brief have enough courage to put their potential profits on the line. They know that failure to stand up to Trump only emboldens him to go after more firms whose partners or attorneys (or former partners or attorneys) have sought to hold him accountable for his various crimes.
The big firms that refused to sign because they’re afraid of angering Trump have let America down. They’ve also violated the American Bar Association’s Model Rules of Professional Conduct, which state that “it is a lawyer’s duty, when necessary, to challenge the rectitude of official action” and “it is also a lawyer’s duty to uphold legal process.”
What to do?
1. If I were a law school dean, I’d refuse to allow any of the unprincipled law firms to recruit students on my premises. Why teach students law and ethics only to have them drawn into an unethical law firm?
2. If I were graduating from law school and had an offer from one of these unprincipled law firms that refused to put their name on the friend-of-the-court brief, I’d have second thoughts about joining the firm. Why join an unprincipled law firm?
3. If I were an associate in one of the big firms that wimped out, I’d organize all other associates at that firm and seek a meeting with the partners—at which I’d ask why the partners put profits before principle. Then I’d seriously consider resigning from the firm.
Friends, this is serious. The only way to confront Trump is through unified action—as exemplified by the 504 law firms that have signed on to the friend-of-the-court brief opposing his executive order against law firms that have upset him.
Disunity—as exemplified by the unwillingness of the largest law firms in America to sign on—only feeds Trump’s power-mad bullying.
The law firms fighting back against Trump’s executive orders are winning, and those cutting deals with the White House are suffering irreparable damage behind the scenes.
U.S. President Donald Trump’s political attack on the legal profession has entered a realm we have never seen before. The campaign of intimidation against firms that represent clients and causes he does not like shows no signs of stopping.
The battle is at a turning point. From the outside, it appears the profession is divided, with two firms caving in to Trump’s demands and three firms fighting in court. Trump has promoted his success in bringing two large firms to heel so that he is viewed as holding the upper hand and his power is enhanced.
That is not what is happening in court. The momentum has shifted, and the president has the losing hand. Lost amid the shock that accompanied the initial wave of punishing executive orders is that those fighting back are winning in court and those cutting deals with the White House are suffering irreparable damage behind the scenes where law firm reputations, clients, and the best legal talent are won and lost.
Firms that have yet to be targeted have to ask themselves the question: When the law has dealt you a winning hand, why would you fold?
It is critical right now that the next firms targeted choose to fight and not fold. To understand why, law firms should take a close look at what has been happening in the three cases where firms are standing and fighting, and the fallout facing the firms that have folded.
So far, Trump has issued five executive orders against leading law firms. Paul Weiss and Skadden Arps capitulated, agreeing to provide as much as $100 million in free legal services to support Trump initiatives. Three other large firms—Perkins Coie, WilmerHale, and Jenner & Block—are fighting in federal court, with remarkably quick and unanimous success.
Perkins, Wilmer, and Jenner all claimed that the retaliatory orders terminating all federal contracts with the firms, barring their employees from access to federal buildings, and subjecting the firms’ clients to onerous and punitive disclosure requirements constituted retaliation for protected “viewpoint” speech that violated the firms’ First Amendment, due process, and equal protection rights.
Judge Beryl Howell (appointed by Obama) was the first to rule, striking down the Perkins executive order and finding that it threatened “the very foundation of our legal system.” Her ruling was followed March 28 by similar decisions in the Wilmer and Jenner cases.
Judge Richard Leon, (appointed by George W. Bush), held that the retaliatory nature of the Wilmer order was “clear from its face” and that there was “no doubt” it “chills speech and legal advocacy or that it qualifies as a constitutional harm.” He also found that the retaliation would cause the firm “irreparable injury,” noting that “at least 21 of the firm’s 25 largest clients in 2024 have contracts with federal agencies.” With the firm handling more than “100 open government contracting matters involving various federal agencies,” Judge Leon concluded the order threatened the firm’s “very existence.”
Judge John Bates (also a Bush appointee) moved within hours of receiving Jenner’s complaint to stop enforcement of the executive order targeting that firm, specifically directing the government to rescind parts of the order designed to intimidate the firm’s clients.
The speed and unanimity with which these decisions were reached by federal judges appointed by both political parties is remarkable. All have found the constitutional violations obvious. There is no reason to believe the Supreme Court will find differently.
Lawyers are officers of the court. We take an oath to uphold the Constitution and the law. Entering into a deal that has been held to violate the Constitution violates our oaths as lawyers. That alone should be reason for firms targeted by Trump to fight these orders and not cave as Paul Weiss and Skadden have done.
Beyond the clear legal duty to oppose an unconstitutional practice, why would any firm capitulate when it can fight and win? All of Trump’s potential targets have the ability and resources to defend themselves. Firms that have yet to be targeted have to ask themselves the question: When the law has dealt you a winning hand, why would you fold? Surely, they would not advise their own clients to fold in similar circumstances.
Contrast these legal victories with the badge of infamy that is being applied to Paul Weiss and Skadden. Behind the scenes, lawyers and in-house corporate counsel at many of America’s largest and most influential corporations are talking. Many are shocked and disgusted by the craven and cowardly way these two firms have responded, and how they have sold out their own principles and those of the legal profession. Most recently, over 1,650 alumni of the United States Department of Justice signed a statement opposing the executive branch attacking lawyers and law firms, and the number continues to grow.
This is a decision that goes to the core of an institution, that defines it in ways that will not be forgotten. For many years, Skadden was defined by the prestigious public interest fellowship that it pioneered decades ago and has used as a recruiting tool for decades. When the news broke that Skadden might be signing a deal, close to 400 former Skadden Fellows opposed any deal, and urged the firm to stand up for the rule of law, fight unjust actions by the government, and speak publicly about the critical role lawyers play in defending democracy.
More than the Skadden Fellowship has now been tarnished. The brand of both Skadden and Paul Weiss has been irreparably damaged in ways that may well impair their ability to recruit quality attorneys and clients in the years to come. The decision these firms have made is already being discussed in law school classrooms where Paul Weiss and Skadden compete with the rest of Big Law for legal talent. The attention focused on these two firms is withering and threatens to drag them down.
No matter how one looks at it—from a legal, ethical, or pragmatic business perspective—it is increasingly clear Paul Weiss and Skadden have made a grievous mistake for which they will pay a price much larger than the ransom they have agreed to pay Trump. The next firm to face an executive order would be wise to take a page from the Perkins-Wilmer-Jenner playbook. It is far better for them, and the entire profession, to fight than fold. If law firms stand up for themselves and their clients, the campaign of intimidation can be shut down.
The decision was a culminating event in Big Law’s transformation from a noble profession to a collection of profit-maximizing businesses.
1,613.
That’s how many words Brad Karp, chairman of Paul, Weiss, Rifkind, Wharton, & Garrison LLP, used in his March 23 memo defending his firm’s capitulation to U.S. President Donald Trump.
One would have been enough: greed.
Observers have been shocked and puzzled at Paul Weiss’ refusal to fight Trump’s unconstitutional order aimed at destroying the firm. But its decision was a culminating event in Big Law’s transformation from a noble profession to a collection of profit-maximizing businesses.
The Big Law business model values only what it can measure. And there’s no metric for defending the Constitution, preserving democracy, or upholding the rule of law.
The Lawyer Bubble: a Profession in Crisis documents that transformation. It’s based on my 30-year career as a litigator in Big Law—a select group of the nation’s largest and most lucrative law firms. The vast majority share the same goal: maximizing equity partners’ current income. A few metrics—size, growth, revenues, billable hours, leverage, profits per partner—have become the definitive measures of a firm’s success.
By those criteria, Paul Weiss has been wildly successful. In 2024, the firm’s revenues exceeded $2.6 billion and its average profits per equity partner were more than $7.5 million.
Karp addressed his memo to the “Paul Weiss Community” of more than 1,000 lawyers. But the real players at any Big Law firm are the equity partners. As of September 2024, Paul Weiss had 212.
At most firms, a small subset of that group controls clients that bring in the most business. Those equity partners run the place, set the culture, and get the largest share of the profits pie. On average, the highest-paid equity partners in a Big Law firm earn 10 times more than their lowest-paid equity-partner colleagues.
From an economic perspective, it’s important to run any large institution efficiently. But most Big Law firm leaders have become so obsessed with the metrics of their business model that they have forgotten why they went to law school in the first place.
Practicing law is not just maximizing revenues and minimizing costs. But the Big Law business model values only what it can measure. And there’s no metric for defending the Constitution, preserving democracy, or upholding the rule of law. Karp’s memo observes that, like many Big Law firms, Paul Weiss attorneys donate significant time to worthy causes. That’s laudable but no excuse for caving in to Trump’s unlawful demands.
Trump’s relentless assault on the judicial system has targeted attorneys and judges as “unfair” to him personally. None of those specious attacks reached Big Law or its business model until now.
Trump directed his first Big Law assault at Covington & Burling, but it was limited to a handful of individuals. Then he went after everyone at Perkins Coie. With survival on the line, Perkins Coie and its litigation counsel Williams & Connolly rose to the challenge. Federal District Court Judge Beryl Howell sided with the firm and brought Trump’s effort to a screeching halt.
Except it didn’t. After that unambiguous loss, Trump issued a similar order against Paul Weiss. It was classic Trump: Never admit a mistake; after a defeat, double down. Trump then sought Judge Howell’s disqualification from the Perkins Coie case. He lost that one too.
Rarely does a potential litigant have the confidence of victory that Judge Howell’s ruling in favor of Perkins Coie had given Paul Weiss. For many reasons, resistance should have been an easy call.
First, every attorney’s sworn oath demanded it. Upon entering the bar, all lawyers pledge to defend the Constitution and uphold the rule of law. We don’t get to pick and choose when to honor it.
Second, Paul Weiss’s multimillionaire equity partners could afford the fight financially.
As leaders of the profession in these perilous times, all Big Law partners have a special obligation to think beyond the metrics of profit-maximization.
Third, along with the corporate world, the entire legal profession was looking to Paul Weiss—one of the most preeminent Big Law firms—for leadership at a dangerous moment.
Finally, Trump had declared that his attacks on the judiciary system, Big Law, and anyone he disfavored would continue.
But Paul Weiss capitulated. Karp said that clients worried about retaining a law firm that was “persona non grata” with the administration—a phrase he used twice in his memo. If that’s true, those clients are as short-sighted as Karp and his colleagues. Whether a client thinks its lawyer should resist a rogue president is irrelevant.
Perhaps the firm did not explain to its corporate clients the long-run implications of capitulation. Without the rule of law, the underlying legal certainty necessary for effective commerce disappears. Contracts become unenforceable. Constitutional rights are lost. Chaos reigns.
Even at a practical level, relying on attorneys who give in to Trump’s unlawful demands is risky. What happens when those clients become persona non grata because Trump directs his next arbitrary and illegal attack at them? How will clients feel when the only lawyers who are not persona non grata are the ones whom Trump likes? Should clients worry that its lawyers’ desire to remain “Trump-approved” might tempt their counsel to compromise clients’ interests when challenging his administration’s illegal policies?
Karp also said that he followed the path that the firm recommends to clients facing “bet-the-company” litigation: settle rather than risk extinction. Let’s test that with a thought experiment:
A client comes to Paul Weiss with a “bet-the-company” crisis. Precedent in an identical case virtually guarantees that the client will win.
“If you settle this frivolous attack, it will embolden your adversaries,” the lawyer warns. “In the long-run, the best business decision is to fight it.”
“Is that what you would do?” the client asks.
“Yes,” the attorney responds.
“But it’s not what you did, is it?”
As leaders of the profession in these perilous times, all Big Law partners have a special obligation to think beyond the metrics of profit-maximization.
As William Bruce Cameron said, “Not everything that counts can be counted, and not everything that can be counted counts.”
The fight isn’t over. Four days after Paul Weiss surrendered, Trump issued an executive order targeting Jenner & Block.
The attack on law firms will not stop until the entire legal profession uses the skills of advocacy and persuasion that is its craft to explain how and why the political intimidation being used by the administration threatens its independence.
The legal profession is under attack in ways never imagined before. In recent weeks, U.S. President Donald Trump has targeted three large law firms with executive orders designed to cripple their practices in retaliation for representing Democratic candidates and causes.
On Friday, the assault moved to a new level with the issuance of a memorandum threatening all lawyers with unspecified sanctions and penalties who challenge the president or his administration.
What matters now is how the legal profession responds.
Why would a client choose lawyers to represent them who won’t stand up for themselves?
The orders pose existential threats to the firms. Two of the orders bar the firms’ lawyers from entering federal buildings and require the firms’ clients to report their connection with the law firm in any bid for government contracts.
Faced with the risk that their corporate clients would leave, one of the law firms, Perkins Coie, decided to fight, and another, Paul Weiss, decided last Thursday to cut a deal with the White House. In exchange for lifting the executive order, Paul Weiss promised to provide $40 million of free legal services to support President Trump’s political initiatives and agenda.
The decision made by Paul Weiss was a grievous mistake.
In the short term, it is hard to understand how cutting a deal with this President solves the problem Paul Weiss faces. It is as likely that clients will bolt the firm in disgust over the firm’s decision to capitulate in the face of a threat as it was with the executive order in place. Why would a client choose lawyers to represent them who won’t stand up for themselves?
This sentiment may well gain traction in the coming weeks, given that the firm that decided to fight, Perkins Coie, so far appears successful in its efforts to hold the executive order unlawful in court.
It is also difficult to see how Paul Weiss can ensure the benefit of any bargain it thinks it got. A deal with Trump is not worth the paper it is written on. The White House is already recasting the deal to promote its interests. It claims that Brad Karp, the managing partner of Paul Weiss, promised to end diversity initiatives at the firm and agreed that a former partner at the firm, Mark Pomerantz, who left the firm years ago and later joined the prosecution team in a case brought against President Trump, had engaged in “wrongdoing.” None of that appears in the copy of the agreement circulated by Mr. Karp to his firm.
And nothing in the agreement prevents President Trump from reinstating the executive order if Paul Weiss fails to do what he wants. It is no different from what the Trump Justice Department has attempted to do with New York City Mayor Eric Adams. There, Justice Department lawyers have asked a federal judge to drop bribery charges against the mayor, but without giving up the right to reassert the charges in the future. Like a mafia boss, it gives the president unfettered power to force a supplicant to do his bidding.
But the more important point that has been lost in the discussion over what Paul Weiss has done is the long-term damage it will do to the independence of the legal profession.
Before Paul Weiss cut its deal, President Trump made clear he was coming after the entire profession, not just three firms. Ten days ago, the newly installed chair of the Equal Employment Opportunity Commission (EEOC) announced the agency was investigating 20 of the country’s most prominent firms for alleged discriminatory practices related to diversity, equity, and inclusion (DEI).
The EEOC investigation is a fishing expedition. None of the investigatory letters sent to the law firms identifies any practice that violates federal anti-discrimination law. As seven former EEOC officials point out in a recent open letter, the EEOC has far exceeded its own authority in making the inquiry. The purpose is to intimidate and create fear. It sends the message to all firms, and their collective clients, to end efforts to diversify their workforce or the government will come for you.
Paul Weiss’ decision to capitulate adds fuel to the fire. Having put a gun to the head of one of the country’s biggest firms and walked away with $40 million in free legal services makes it more likely President Trump will target more law firms with executive orders and investigations. He did just that on Friday night with the issuance of the new memorandum.
The threat to the rule of law posed by this attack is far bigger than any one legal issue. It is a brazen assault on the right of lawyers to represent their clients to the best of their ability within the bounds of the law and the ethics of the profession.
The executive orders directed at Perkins Coie and Paul Weiss are designed to deter them from representing clients or causes President Trump opposes. The EEOC investigation warns firms not to interpret the law in ways the Trump government disapproves of. The memorandum is an effort to keep lawyers from challenging the legality of Trump’s actions in court. It is all part of the Trump playbook designed to intimidate and co-opt the best lawyers and law firms who might oppose him, and get them instead to support his initiatives.
We all lose if lawyers fear to represent clients or give their best advice based on political affiliation or interests. An independent judiciary depends on strong and independent lawyers who are free to advocate for and protect the rights of their clients, no matter what political party they belong to. No cases can be decided, and no law can be made, without lawyers to bring cases before judges and argue the merits of a client’s position.
Democracy and the rule of law, in turn, depend on an independent judiciary as a check on tyranny. But it begins with the lawyers. Without a free and unfettered bar, the engine of the judiciary can’t operate.
Chief Justice Roberts has spoken up for the independence of the judiciary with his rebuke of those calling to impeach a federal judge who ruled against the president. It is high time for all law firms to follow suit and stand up in defense of their profession.
The news has reported that Donald Verrilli, the former solicitor general, is preparing an amicus brief, or “friend of the court” brief, in support of Perkins Coie, but that law firms are undecided whether to file it. The handwringing needs to end. Every law firm that cares about its First Amendment freedoms, and the right to practice law as it has been done in this country since its founding, must now come together in support of Perkins Coie with a single voice.
There is no alternative. Benjamin Franklin is credited with observing that “we must all hang together or, most assuredly, we will hang separately.” The attack on law firms will not stop until the entire legal profession, especially Big Law, stands up and uses the skills of advocacy and persuasion that is its craft to explain how and why the political intimidation being used by the Trump administration threatens its independence, and that of the judiciary, upon which our democracy relies.