Among the many strange practices of the Trump administration, perhaps the strangest is publishing Executive Orders that target specific law firms. The latest such EO targets the Big law firm of Jenner & Block. Among the firm’s many supposed sins: 1) re-hiring the former lead prosecutor, Andrew Weissmann, who served in the Mueller investigation of Pres. Trump, 2) engaging in diversity practices (Oh no!), 3) “abusing” its pro bono practice by engaging in cases that “undermine” justice and U.S. interests, and 4) engaging in cases that involve immigration and transgender issues. I think no. 3 and 4 are related, but who can be sure?

In a statement, the firm noted they have been named in an EO similar to one which has already been found unconstitutional. Mr. Weissmann was re-hired in 2020. He then left in 2021. There was, of course, nothing wrong or improper with the Mueller investigation. That investigation led to a conviction by a jury and eight guilty pleas. Even so, does it make sense to punish some 2500 lawyers and perhaps 3,000 support personnel because the firm re-hired one lawyer for about a year?

Security Clearances

The EO refers to the firm’s supposed politics in representing persons seeking transgender care and representing immigrants. The order clearly violates Jenner & Block’s First Amendment rights. See ABA Bar Journal news report here. This order removes security clearances for all of Jenner & Block’s attorneys and prohibits their access to government buildings. Losing those clearances makes it very difficult, perhaps impossible to represent their clients in many government actions.

Jenner & Block has filed suit over this unconstitutional order. Unfortunately, some law firms may now seek to steal Jenner & Block’s clients and lawyers. No President should be allowed this sort of power. The harm to our adversary system is obvious. These actions, as Judge Michael Luttig notes, amount to an attack on the rule of law. The American Bar Association and more than 50 other bar associations have condemned the administration’s efforts to undermine the courts and the legal profession. See ABA Bar Journal report here.