Trump persecution of WilmerHale ruled unconstitutional

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“Taken together, the provisions constitute a staggering punishment for the firm’s protected speech!” Leon wrote.
“The order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished!” Leon wrote.
U.S. District Judge Loren AliKhan is actively weighing summary judgment requests in a parallel case regarding Trump’s order targeting firm Susman Godfrey.
Trump first targeted Covington Burling with a presidential memorandum for certain attorneys’ work on former special counsel Jack Smith’s cases against the president.
“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,” Leon wrote.

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WASHINGTON (CN) — President Donald Trump’s executive order targeting the law firm WilmerHale was overturned by a federal judge on Tuesday, dealing the president yet another legal setback in his attempts to intimidate the legal community into taking on topics he supports.

Elderly U. S. Trump ordered agency heads to examine WilmerHale lawyers’ security clearances, government contracts with the firm, and attorney access to government buildings on March 27. District Judge Richard Leon ruled that the order “must be struck down in its entirety as unconstitutional.”. “”.

“Yes, it would be a betrayal of the founding fathers’ wisdom and vision to rule in any other way!” Leon, a George W. The 73-page opinion was written by a Bush appointee.

In the past, Leon had granted WilmerHale’s request for a temporary restraining order, which blocked the provisions limiting lawyer access to government buildings and requiring review of government contracts associated with the firm.

WilmerHale has been involved in a number of matters that have angered the president in recent years, including a lawsuit filed by a number of inspectors general that Trump abruptly dismissed at the beginning of his second term; a case before the House Committee on Ways and Means that compelled Trump to reveal his personal tax returns; election litigation by the campaigns of Joe Biden and Kamala Harris; and challenges to the 2020 election that Trump made on behalf of the Democratic National Committee and state-level organizations.

Additionally, Trump criticized the firm for hiring former special counsel Robert Mueller and his associates, even though Mueller has since retired.

In an emailed statement, a WilmerHale representative praised Leon’s decision.

The spokesperson stated, “The court’s decision to permanently block the unlawful executive order in its entirety strongly affirms our foundational constitutional rights and those of our clients.”. We are still proud to stand up for our company, our employees, and our customers. “”.

In an effort to get clients to think twice about working with WilmerHale, Leon discovered that Trump’s order imposed “a kitchen sink of severe sanctions” on the firm for using protected speech.

The provisions collectively amount to an astounding penalty for the firm’s protected speech, Leon wrote. “The order hinders the firm’s ability to effectively represent its clients, as it is intended to do.”.

“The order could have prevented WilmerHale lawyers from accessing classified materials when working on national security issues, meeting with federal regulators, or entering federal courthouses for trial,” he said.

Given that 21 of WilmerHale’s 25 biggest clients in 2024 have contracts with federal agencies, which accounts for 30% of the firm’s 2024 revenue, or almost $500 million, Leon concluded that the order would also have major financial repercussions for the firm.

According to Leon, the impending penalties collectively send a strong message to legal firms nationwide that might represent a client against the administration.

“The order yells through a bullhorn: You will be punished if you support causes that President Trump opposes,” Leon wrote.

After decisions in favor of Perkins Coie and Jenner Block, Leon’s ruling is the most recent to declare Trump’s orders illegal retaliation against law firms.

Older U. A. Bush appointee John Bates, a district judge, blocked a nearly identical order against Jenner Block on Friday, ruling that it was blatant retaliation for the firm’s hiring of Andrew Weissmann and its pro bono activities, which Trump claimed were utilized for “destructive causes.”. “.”.

This order, which targets the international law firm Jenner and Block, “like the others in the series, makes no bones about why it chose its target: it picked Jenner because of the causes Jenner champions, the clients Jenner represents, and a lawyer Jenner once employed,” per Bates.

U. S. In a related case involving Trump’s order targeting the company Susman Godfrey, District Judge Loren Ali Khan is currently considering motions for summary judgment.

Initially, Trump used a presidential memorandum to target Covington Burling for the work done by some lawyers on former special counsel Jack Smith’s cases against the president.

Additionally, he has negotiated $1 billion in free legal services for administration-backed projects with nine firms. Among these firms are Simpson Thacher, Paul Weiss, Latham Watkins, Willkie Farr, Skadden Arps, Milbank, Cadwalader, and Kirkland Ellis.

U. S. In her decision to overturn Trump’s Perkins Coie order, District Judge Beryl Howell pointed out that the country’s attorneys have long taken pride in taking on the most contentious cases, such as John Adams’s attempt to represent the eight British soldiers implicated in the Boston Massacre.

Leon agreed with that statement.

According to Leon, “an independent judiciary and an independent bar willing to tackle unpopular cases, no matter how daunting, are the cornerstone of the American system of justice.”. “The fathers who were found were aware of this.”.

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