Trump administration drops defense of its attempts to extort BigLaw
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There is an very obvious lesson here, should institutions being targeted by Trump choose to take it:
The Trump administration plans to abandon its defense of the president’s executive orders sanctioning several law firms, according to people familiar with the matter.
The Justice Department as soon as Monday was expected to drop its appeals of four trial-court rulings that struck down President Trump’s actions against law firms Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey.
Trump issued a string of executive orders last year against several law firms and individual lawyers that would have stripped security clearances, restricted their access to federal buildings and directed agencies to end any federal contracts with the firms and their clients.
The White House campaign sent a chill through the industry. Fear of the orders also prompted other large firms to make deals with the president, promising nearly $1 billion in pro bono work for causes favored by the administration.
In targeting the firms, Trump cited their connections to his political rivals and criticized their diversity initiatives and pro bono work advocating for immigrants, transgender rights and voting protections.
Several firms sued to challenge the orders, arguing they were unconstitutional retaliation and an abuse of executive power. The firms said the orders would be devastating to their business and that they risked losing lucrative clients who work with the federal government.
The Trump administration argued the president had broad leeway to take action against firms, particularly when it comes to their interactions with the federal government.
An ideological mix of judges ruled against the administration, saying the executive orders undermined bedrock principles of the U.S. legal system. In one decision, Judge Richard Leon, an appointee of former President George W. Bush, said blocking the sanctions was necessary to preserve an “independent bar willing to tackle unpopular cases, however daunting.”
Whether the Pierre Laval law firms were tactically inept out of cowardice or active collaborators, either way I would renew my suggestion that any non-regime-aligned clients take their business elsewhere.