Law Firms and the Trump Administration
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LAW FIRMS AND THE TRUMP ADMINISTRATION
A Guide for Citizens
Why it matters: The Trump Administration’s attacks on law firms put every American at risk by weakening the rule of law and making it difficult to hold the government accountable.
What is the Trump Administration doing to law firms?
The Trump Administration has been penalizing law firms it views as hostile to its positions and interests. The administration’s actions include publicly criticizing firms, canceling their government contracts, suspending their attorneys’ security clearances, and barring their staff from entering government buildings.
These moves make it difficult or impossible for targeted law firms to serve their clients, putting significant strain on their businesses.
Which law firms are being targeted, and why?
Several prominent American law firms have been targeted. For example, Jenner & Block was targeted because of the clients it served in its pro bono work, because of its diversity hiring program, and for hiring an attorney who had been part of the Mueller investigation into the 2016 Presidential election.
How are law firms responding?
Some firms are making deals with the administration. For example, Skadden, Arps, Slate, Meagher & Flom made a deal to provide $100 million in free legal work to causes supported by the administration, to fund legal fellowships for law school graduates to work on causes in line with the administration’s priorities, and to end its diversity hiring programs. To avoid punitive actions, other firms have similarly pledged to donate highly-valuable free legal work, to make changes to hiring practices, and to change their criteria for selecting clients.
The White House described these deals in a statement: “Big Law continues to bend the knee to President Trump because they know they were wrong, and he looks forward to putting their pro bono legal concessions toward implementing his America First agenda.” President Trump later announced he would draw on the pledged free legal services to support coal mining operations and negotiate tariffs with foreign nations.
Some firms are fighting the administration’s actions. For example, Perkins Coie was targeted by an executive order by the administration. In response, the firm sued the administration, leading to a temporary block on the executive order while the case is in process. More than 500 law firms signed a brief submitted to the court in support of Perkins Coie, which argues that the executive order violates the First, Fifth, and Sixth Amendments of the United States Constitution. Other firms, like Jenner & Block and WilmerHale, have also sued the administration.
Why does this matter to us?
There is much more at stake than the business of a few wealthy law firms. The administration’s actions are a serious threat to the Constitution and the rule of law itself. We rely on courts to provide us with equal justice, but they can’t do that unless lawyers can bring cases before them. By intimidating law firms, the administration is controlling which cases even make it to court. The consequences are severe:
Political targeting. People and groups the administration disfavors may not be able to get adequate legal representation, even in any cases that don’t involve the government. These might be members of certain social groups, people with a particular legal status (for example, asylum seekers), or even political enemies. Lawyers will fear that representing these clients would put them out of business.
Government impunity. If the administration wrongs someone—for example, by illegally terminating their benefits, harassing them with an investigation, or even wrongfully imprisoning them—that person may not be able to get adequate legal representation. This leaves the government’s power over citizens unchecked.
Constitutional crisis. When the administration violates the Constitution or other laws, courts—including the Supreme Court—can only defend the constitutional order if lawyers argue those cases. Without independent lawyers, there are no practical limits on the administration’s authority.
Lawyers are an indispensable part of our legal system. When they are not free to choose their clients and represent them vigorously, our system cannot provide us equal justice. When they cannot oppose the government in court, we lose the ability to hold our government accountable to the law.
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