Retaliation by executive order: Trump targets more law firms for blacklisting
WASHINGTON, D.C. — A broad coalition of legal and civil liberties organizations is once again challenging President Trump for using executive orders in retaliation against law firms that he perceives as political opponents, to suppress opposition and chill lawful First Amendment activity.
The coalition, which includes the ACLU, ACLU of DC, CATO, Electronic Frontier Foundation, FIRE, the Institute for Justice, the Knight First Amendment Institute, the National Coalition Against Censorship, the Reporters Committee for the Freedom of the Press, the Society for the Rule of Law, and The Rutherford Institute, filed two more amicus briefs (Jenner & Block and WilmerHale) asking a federal court to strike down as illegal and unconstitutional the president’s executive orders targeting the law firms of Jenner & Block and WilmerHale. The coalition filed a similar amicus brief in Perkins Coie LLP v. U.S. Department of Justice challenging the president’s executive order as a violation of the separation of powers and an unconstitutional infringement on the rights to free speech, advocacy and due process.
“That President Trump is weaponizing the government in order to wage a war against dissent, against due process, and against the very foundations of our constitutional republic should be a warning to all Americans,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “History shows that when governments claim the power to silence dissent—whether in the name of national security, border protection, or law and order—that power rarely remains limited. These threats against the legal community are just the beginning.”
In an effort to punish a number of major law firms and discourage others from challenging the Trump Administration’s ongoing efforts to sidestep the Constitution, President Trump issued Executive Orders directing the federal government to suspend the firms’ security clearances, cease providing all goods and services, terminate any contracts with the firms and those who do business with them, limit the firms’ access to federal buildings and employees, and refrain from hiring employees of the firms. The intent behind the president’s actions, per former advisor Steve Bannon, is to “put those law firms out of business” in response to the firms using the system of checks and balances to prevent the Administration from violating the Constitution.
Perkins Coie, Jenner & Block and WilmerHale each challenged Trump’s Orders on grounds that they violate the separation of powers and the First, Fifth, and Sixth Amendments. Warning that Trump’s actions constitute a brazen attack on the independence of the legal profession and the judicial branch, the legal coalition’s amicus briefs in support of the law firms argue that Trump’s Executive Orders not only infringe the First Amendment rights to freedom of speech and petitioning the government, but also essentially give the government an unfettered veto over a person’s right to choice of counsel due to the government pushing for a cancel culture and creating a blacklist of firms, similar to what the NRA previously claimed was done to it by a New York state official. Moreover, if the executive orders are allowed to stand, they could set a precedent for future Administrations of either political party to suppress challenges to a president’s unconstitutional policies and actions and to deter lawyers from representing the president’s political opponents or any clients adverse to the Administration.
Cecillia D. Wang, Ben Wizner, Brian Hauss, and Arthur B. Spitzer at ACLU advanced the arguments in the Perkins Coie, Jenner & Block and WilmerHale amicus briefs.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
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This commentary by John & Nisha Whitehead appears on Rutherford.org and is used by permission.
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries.
Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
