Big Law Fights Back

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.

Some of the firms have or are in the process of negotiating a way back into Trump’s good graces. 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.

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.

Sent by a friend in Tennessee. A former prosecutor are among the protestors.

There is something for each of us to do right now. Make sure you let your members of Congress know you’re outraged by SignalGate. Your calls and letters really do matter. Ask your Republican representatives if they share the outrage of Mississippi Senator Roger Wicker who has called for an investigation. Putting American pilots’ lives in danger is unacceptable and Trump, who put the people that did it in place needs to hold them accountable and be held accountable himself.

One thing we know: Trump backs down where there is sustained opposition to what he is doing. SignalGate could be one of those moments. The courts are holding the line, and we will too.

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We’re in this together,

Joyce