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Trump Lawyers Behaving Badly
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.
May 04, 2025
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.
Did Real Lawyers Write These Orders?
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:
- “Disturbing”
- “It sends little chills down my spine.”
- “It threatens to significantly undermine our entire legal system and the ability of all people to access justice.”
- “There is no doubt this retaliatory action chills speech and legal advocacy, or that it qualifies as a constitutional harm.”
- “The framers of our Constitution would see this as a shocking abuse of power.”
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:
- Do law firms have to make deals with Trump to avoid executive orders?
- “I can’t speak to that.”
- Are the deals in writing?
- “I have not been privy to this.”
- Has Trump achieved $1 billion in deals yet?
- “I do not know.”
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.
Jenner: A Case Study
Take a closer look at Jenner’s claims, followed by selected highlights of the government’s 37-page response:
The First Amendment:
- Prohibits retaliatory actions for protected speech and viewpoint discrimination;
- Bars government interference with a client’s right to associate; and
- Prevents the government from imposing unconstitutional conditions on access to government services and benefits.
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.
Attention All Trump Lawyers: It’s Time for a Gut Check
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.
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A Nation of Laws, Not Men: Why Lawyers Are Taking a Stand This Law Day
The oath we took upon joining the bar wasn't a one-time ceremony but a lifelong commitment. On May 1, we renew our promise to the Constitution en masse.
Apr 30, 2025
The American promise rests on a profound yet simple idea: We are governed by laws, not by the whims of individuals. This bedrock principle—that impartial rules apply equally to all—faces an unprecedented assault. On May 1, state and local bar associations, civil rights organizations, and lawyers nationwide will unite in an unprecedented mobilization to defend this cornerstone of American justice.
As lawyers, we take a solemn oath: to support the Constitution of the United States. "Support" in this context implies a more proactive stance than mere defense. This oath compels us to take affirmative steps to uphold the principle that law, not personal power, reigns supreme. Today, fulfilling this obligation has never been more critical.
This Thursday, lawyers in over 40 cities will stand shoulder to shoulder, collectively raising their right hands to publicly recommit to their sacred oath for the National Law Day of Action. This act isn't mere symbolism—it's an alarm bell in a moment of genuine peril for our justice system.
Our message is simple but urgent: If we allow the independence of courts and lawyers to be compromised today, our other rights will become negotiable tomorrow.
The threats to judicial independence have become impossible to ignore. When a federal judge faces impeachment threats simply for upholding the law—as Judge James Boasberg did after halting deportation flights—we've crossed a dangerous threshold. We've witnessed instances where judicial directives are contested not through proper legal channels but through public disparagement and apparent noncompliance. Alarmingly, the arrest of Milwaukee County Circuit Judge Hannah Dugan by federal authorities represents an unprecedented escalation, sending a chilling message to judges across the country. When court orders are treated as optional suggestions rather than binding mandates, and when attorneys face intimidation for representing unpopular clients, our constitutional foundations are actively eroding.
A nation of laws requires an independent judiciary. Judges must be able to rule based on law rather than political pressure. Lawyers must be free to zealously advocate without fear of retribution. Without these, equal justice becomes hollow rhetoric. This is starkly illustrated by recent events where law firms representing clients who oppose administration policies have faced executive orders suspending their employees' security clearances and barring them from federal buildings—actions that one judge noted send "chills down my spine" for the "extraordinary power" they represent.
Our judges and courts have no militias. As Alexander Hamilton warned in Federalist 78, courts depend entirely on their institutional legitimacy and the bar's commitment to uphold their authority. When that authority is undermined through defiance or delegitimized through partisan attacks, we approach a system where power, not principle, determines outcomes. A judge intimidated today means justice denied tomorrow.
This national mobilization on Law Day transcends partisan divides because the rule of law transcends politics. We all lose in a system where legal outcomes depend on who holds power rather than what the law requires. The growing pattern of attempts to circumvent judicial authority—from ignoring court orders to demanding recusal after unfavorable rulings to demonizing "activist" judges—represents an assault on constitutional safeguards that protect us all.
The attacks on judges and lawyers form a two-pronged assault on the constitutional order we pledged to defend. An intimidated bar cannot check government overreach; a weakened judiciary cannot enforce accountability. These essential guardians of liberty now face unprecedented threats.
The oath we took upon joining the bar wasn't a one-time ceremony but a lifelong commitment. On May 1, we renew our promise to the Constitution en masse. We will be a visible reminder that the legal profession stands united against forces that would replace the rule of law with the rule of the powerful.
Our message is simple but urgent: If we allow the independence of courts and lawyers to be compromised today, our other rights will become negotiable tomorrow. No freedom survives when those who defend it are silenced or controlled.
We call on every member of the bar—and indeed every person who values constitutional government—to join this historic stand for democracy. Find your local event at LawDayofAction.org. When we stand together, recommitting to our oath with one voice, we send an unmistakable message: The legal profession will defend our nation of laws and ensure justice remains equal for all.
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US Lawyers Coalition Says Elite Firms Have Only One Choice: Capitulate to Trump—Or Fight Back
"These threats reveal the administration's own fear. They don't want you in court where they will lose. They are afraid to find out what happens if you and other firms stand together as a profession," says an open letter from legal groups.
Apr 23, 2025
In an open letter published Wednesday, amid the Trump administration's unprecedented scrutiny on Big Law, multiple legal groups are calling on elite American law firms to convene and coordinate a unified response to U.S. President Donald Trump's "unconstitutional actions" and "threats to the rule of law and system of justice."
The legal groups include the coalition Lawyers Defending American Democracy (LDAD), the coalition Lawyers Allied Under Rule of Law, and the Steady State—which, according to the executive director of LDAD, "formed in the first Trump term as a loose association that maintained a low internet profile because many members were in government," but has "become much more organized and active" in response to the president's Department of Government Efficiency.
The groups drew a distinction between the several elite law firms who in recent weeks have negotiated deals with the Trump administration either in response to punishments imposed via executive order or to avoid the prospect of an executive order, and law firms who have resisted the Trump administration's pressure.
The law firms Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey have all filed suits challenging Trump's executive orders targeting them. All four have won initial relief in court.
According to the letter, more than 800 other firms, including 17 firms on the Am Law 200—a ranking of top law firms based on gross revenue—have joined amicus briefs in defense of the firms that have sued.
"Lawyers Defending American Democracy calls on the 170 undeclared Am Law 200 firms to avoid the path of those now notorious nine," the letter states.
"If you are one of these firms, you understand that the threatened executive edicts are not legal or enforceable. Rather, they are a tactic designed to enlist you in undermining the rule of law. Any concession by your prestigious firms only helps the administration intimidate the legal profession from challenging its actions," according to the legal groups.
The letter states that negotiating with the administration is futile in part because "there exists no reasonable terms for resolving this dispute."
The letter also points to the fact that all four courts that have heard the cases from firms challenging Trump "have held that the likelihood of these law firms succeeding on the merits is so great that they have taken the extraordinary step of issuing temporary restraining orders against the government’s enforcement." This is evidence, according to the letter, that negotiation is unnecessary.
"If you band together and agree to support one another, the White House strategy will collapse," the letter states. "These threats reveal the administration's own fear. They don't want you in court where they will lose. They are afraid to find out what happens if you and other firms stand together as a profession."
"We must fight because if lawyers don't stand up for the rule of law, who will? If we don't fight for the principles that we have devoted our professional lives to—and that make us a free society—those principles will be forever compromised," the letter concludes.
According to a statement from LDAD, the legal groups behind the letter collectively represent over 1,000 lawyers who who have worked as senior partners, judges, state attorneys general, senior officials at the U.S. Department of Justice, as general counsel for major companies, and state bar presidents.
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