Trump’s Political Targeting of the Legal Profession Is an Attack on the First Amendment
American Oversight and more than 20 other organizations filed amicus briefs supporting law firms that have been targeted by President Trump’s retributive executive orders.
Since the first day of his administration, President Trump has been testing the bounds of executive power, from issuing overreaching executive orders to asserting control over independent agencies and abusing the powers of his office to target those who oppose him politically. Among the many perceived enemies subject to his retribution are certain law firms, representing an attack not just on members of the legal profession but on the rule of law itself.
American Oversight has joined more than 20 other organizations in filing amicus briefs in support of three major law firms that Trump has targeted for work he disagrees with or dislikes — including work that promotes transparency and accountability by challenging government actions. The three firms — Perkins Coie, Jenner & Block, and WilmerHale — have all taken legal action against executive orders aimed at punishing the firms for their hiring decisions or their work representing clients opposing Trump policies.
In March, Trump issued an executive memo authorizing the attorney general and the secretary of homeland security to sanction law firms that file lawsuits they consider “frivolous.” The memo also orders the attorney general to recommend canceling firms’ federal contracts and revoking lawyers’ security clearances if they file lawsuits against the administration that she deems “unreasonable” or “vexatious.” Other executive orders and actions had targeted specific firms for their past work, such as providing legal services for those investigating Trump.
The effort to punish firms for their decisions with regard to hiring or cases is an alarming abuse of power and direct threat to free speech. American Oversight filed the briefs alongside organizations that protect First Amendment and civil rights, promote good governance and transparency, advocate for immigrant rights, and other issues.
The briefs argue that Trump’s executive orders violate the organizations’ freedom of speech and present a fundamental threat to the rule of law by seeking to make it more difficult to legally challenge the president’s actions. By punishing law firms for working with his political opponents, Trump’s actions create a chilling effect across the entire legal profession; lawyers could decline to represent organizations that fight for government accountability for fear of becoming the next target of a punitive executive order. “Such unvarnished viewpoint discrimination against law firms sends a clear message to Amici: Do not challenge the President or you will be next,” the briefs read. “This directly impinges on Amici’s protected advocacy efforts and is plainly unconstitutional.”
The briefs also note that targeting firms restricts the organization’s access to effective legal representation, making both the firms and the organizations fearful of retribution. “The end result necessarily includes a diminished ability of NGOs to obtain effective counsel, including on a pro bono basis, further impinging on their First Amendment rights,” including freedom of association.
Finally, Trump’s executive orders represent a grave threat to the rule of law, which depends on organizations like American Oversight being able to go to court to challenge or lend support to government actions when merited. Earlier this month, we joined more than 4,000 legal professionals and groups from across the political spectrum to urge Attorney General Pam Bondi to defend the rule of law and condemn Trump’s attacks on lawyers and the legal profession. Lawyers and law firms must be free to represent their clients and fight for good governance without fear of politically motivated reprisal.
Read the briefs here:
Perkins Coie LLP v. U.S. Department of Justice, et al