Two federal judges have intervened to halt aspects of President Donald Trump’s executive orders aimed at law firms Jenner & Block and WilmerHale, both of which are associated with the Robert Mueller investigation that Trump has sought to penalize.
A total of three judges have now criticized the Trump administration’s retaliatory actions towards law firms. The judges contend that the orders likely violate fundamental constitutional rights, including the right for individuals and companies to choose their own legal representation and for firms to be protected from political reprisals due to their speech.
In the case of Jenner & Block, Judge John Bates issued a temporary restraining order following a Friday hearing, pausing portions of the order that mandated agencies to terminate contracts with the firm and its clients. Bates found these directives, along with others targeting the firm’s access to federal resources and attempts to restrict former employees from government positions, likely unconstitutional as they amounted to retaliatory actions against protected speech.
Similarly, Judge Richard Leon blocked elements of Trump’s order aimed at WilmerHale, preventing the firm’s attorneys from accessing federal buildings and retaliating against clients with government contracts. Leon deemed these measures as threatening to the firm’s existence and acknowledged the chilling effect on speech and legal advocacy, constituting a constitutional harm.
While Leon declined to intervene regarding the suspension of firm lawyers’ security clearances, he emphasized concerns during the hearing about potential clients seeking legal representation elsewhere due to the executive order’s implications.
The executive orders targeting Jenner & Block and WilmerHale were fueled by Trump’s objections to their involvement in political causes and connections to the Mueller probe. Both firms have employed individuals associated with the investigation.
In response to the court rulings, WilmerHale expressed appreciation for the swift action in preserving clients’ right to counsel and recognizing the unconstitutional nature of the executive order’s impact on the legal system.
The orders issued by Trump also directed federal agencies to suspend security clearances, highlighting the ongoing legal challenges surrounding the administration’s actions.
The revised text is as follows: The executive order restricts lawyers from a law firm from accessing federal buildings, limits their hiring from the firm, and advises agencies to examine and potentially terminate contracts with the firm. During a court hearing, Judge Leon expressed concern over the order’s impact, likening it to a looming threat over the firm. He noted a specific section preventing the firm’s entry into government buildings, including the Supreme Court. When questioned about potential client concerns, the judge emphasized the importance of common sense and legal practice experience. Another judge had previously blocked a similar order targeting a different law firm. During the hearing, it was argued that such restrictions on law firms are not in line with the country’s legal traditions and could hinder lawyers from representing clients effectively.
