Well, now, today just gets more and more interesting. I’m not saying anything about tariff news because our other writers can say it much better. So, here’s the start of this piece: In his executive orders, Trump said he was aiming at Jenner & Block, and WilmerHale, because of their work on political causes he disagreed with, and, because of their ties to the Mueller probe, as both firms previously or currently employed veterans of that investigation. These ongoing EOs against law firms are petty and stupid. “Trump’s order directs federal agencies to suspend the security clearances and access to federal buildings of lawyers for the law firm and to curtail hiring people from the firm. Additionally, it directs agencies to review any contracts they may have with the firm and make efforts to terminate them.” As I said, petty and stupid. Can you imagine some poor DOJ person having to dig up all the information for different imagined slights and then find a legal (or maybe not) reason for an Executive Order? I can,  and I’m glad it’s not me! We actually have three different cases to look at.

“There have now been direct and separate rebukes by three judges of the Trump administration’s retaliatory policies toward law firms. All three judges have said core constitutional protections are likely violated by the orders – for people and companies to choose their own attorneys and for firms to be shielded from political retribution because of their speech.”

“The temporary restraining order in the Jenner & Block case, announced by Judge John Bates at the end of a hastily scheduled Friday hearing, pauses parts of the order instructing agencies to terminate contracts with the firm and its clients, as well as the order’s directives seeking to limit the firm’s access to federal officials and buildings.” Judge Bates was concerned that those directives, as well as the crackdown on former Jenner employees being hired for government jobs, were likely unconstitutional. There is the First Amendment protection for free speech. So, would you be concerned about that, imagining being a judge? There seems to be a lot of First Amendment issues showing up these days. And also, language in the Mango Mandarin’s EO to sanction the firm was a big part. I think that‘s an awfully major thing to do from just  *one* court case. Let’s move on to the information about the next law firm. This is a bit longer.

The Jenner & Block hearing began minutes after a different judge in the same courthouse heard a similar request from WilmerHale, which was also targeted by Trump in an executive order issued this week. The measures in the executive order are “threatening plaintiffs’ very existence,” Judge Richard Leon said. “There is no doubt this retaliatory action chills speech and legal advocacy, and that is qualified as a constitutional harm,” the judge wrote Friday night, a few hours after the hearing.” That’s some pretty serious clapback there. And he said something that hadn’t even crossed my mind. Threatening their existence? Great point! (Ha, this is why I’m not and will never be a judge.) However, Agent Orange did win a small bit – Leon declined to step into the White House decision to suspend firm lawyers’ security clearances, saying those types of decisions are made by the executive branch. But: “Wouldn’t that uncertainty have a chilling effect?” Leon asked DOJ attorney Richard Lawson at one point, adding that the order was “like a sword of Damocles hanging over (the firm’s) head. Leon seemed particularly concerned with a section of the executive order that barred the firm from entering government buildings. This is a government building. The Supreme Court is a government building,” he pointed out. There’s just one more thing I want to add from the judge. When (DOJ lawyer) Richard Lawson said he couldn’t speak to whether prospective clients of WilmerHale would worry about whether their lawyers could enter courthouses, the judge appeared incredulous. “Have you practiced law? Have you had clients?” he asked. “Then use your common sense.”

This bit is short since it happened earlier this month.  A third judge in the courthouse issued an order temporarily blocking another executive order from Trump that went after the law firm Perkins Coie. I don’t want this piece to be horribly long, so I’ll leave that one there.

Apparently, Agent Orange thinks his Executive Orders are like a magic wand. Poof! He signs one, and everything magically happens as he wants. They’re not magic wands, and they are *not* magically happening. And going after top-flight law firms? They *know* what they’re talking about with the law. Me? I’m happy for the small, yet meaningful, victories we are getting in the courts.

*****And now, please read a very special request from our awesome boss******

Zoomers, if you have any spare change, please, we could use it. We are now entering month five of Trump Depression Syndrome, the moniker given to the phenomenon of a lot of Democrats tuning out from politics to save their sanity. I understand and respect that. I also know that somebody has to stay on the front lines, or there won’t be an army left to fight this war. So, that’s us. Please. We could use your help. And thank you for coming here to read about all the events. Ursula

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4 COMMENTS

  1. OMG! Okay, Susan, buckle up! I want to concentrate on a law firm you didn’t mention, Willkie Farr & Gallagher, because it has “capitulated” by promising $100M in pro bono work on “conservative ideals.” But first, let me use an analogy that can help some us liberals understand what is called BigLaw. Most activists have tried to make waves by cancelling accounts with or boycotting a huge company that has done something we disagree with…only to find out that company has its snout into so many other companies you didn’t realize and you had to eventually just give up the boycott. You couldn’t boycott all of them…you have to buy consumer products from someone! BigLaw is the same way, but it is litigious rich perks, like Trump, who forget that.
    Willkie Farr was on Trump’s Executive Order list for many reasons, but let me give you just two. Just after Trump’s inauguration this year, Willkie Farr hired new partner Doug Emhoff, former 2nd Gentleman husband of Kamala Harris. And, one of Willkie Farr’s attorneys since 2023 is Tim Heaphy, former Chief Investigative Counsel for the J6 Committee in Congress, who often appears on MSNBC. Oh no! 😱 We can’t allow these two “enemies of Trump” to have careers! (Many activists have called on Emhoff to resign “to protect the rule of law.” I find that incredibly unfair to Emhoff because Willkie Farr didn’t really “capitulate” to Trump. It just said it would continue to work on conservative cases as appropriate and pro bono can be easily manipulated by how they define it; after all, they are lawyers! Nudge-nudge wink-wink!)
    Trump seems to forget that HE used Willkie Farr during a bankruptcy in the 90’s and came out OK on the other end. In 2022, Willkie Farr successfully defended one of Trump’s only friends, Thomas Barrack, against charges of being a foreign agent for the United Arab Emirates, conspiracy, obstruction of justice, and 6 counts of lying to federal investigators. If not for Willkie Farr, Trump would have had to pardon Barrack before nominating him as US Ambassador to Turkey (hearing pending). Barrack is quite a good friend whose political PAC gave Trump’s 2016 campaign more than $32M, gave over $70M of personal funds to bail Jared Kushner out of some of his toxic (aren’t they all?) real estate investments, and recommended now-pardoned felon Paul Manafort for his 2016 campaign chair. It’s good to have friends, huh? 🥰
    🤣 Speaking of friends, does Trump realize that Willkie Farr is the law firm for Elon Musk’s X? Does Elon even know?🤷‍♀️
    Considering how much good Willkie Farr has done for Trump and his cronies, this attack, which courts can probably still nullify, seems pretty disloyal! Especially since Trump has given such big jobs to his personal lawyers who screwed up his cases so much he was convicted of 34 felonies and owes millions in civil judgments!!
    Well, wadda ya expect from a dementia patient who had so few brain cells to begin with?! 🤪

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