President Donald Trump’s latest executive orders have triggered a legal battle between his administration and some of the country’s most prominent law firms. Two firms, Jenner & Block and WilmerHale, filed lawsuits on Friday challenging orders that aim to cut them off from government work and revoke security clearances for key attorneys.
Legal Titans Push Back
Jenner & Block and WilmerHale argue that Trump’s actions are a direct attack on the legal profession and an attempt to punish firms based on their past clients and advocacy. These lawsuits follow a similar challenge by Perkins Coie, a firm that previously secured a judicial victory against an executive order targeting its operations.
Paul Clement, representing WilmerHale, described Trump’s move as “unprecedented and unconstitutional,” emphasizing that the First Amendment guarantees the right of firms, employees, and clients to free speech and legal association. Jenner & Block’s lawsuit, filed by Cooley LLP, asserts that the orders threaten not just law firms but the foundation of the legal system itself.
Political Retaliation Allegations
The lawsuits claim that Trump’s orders are designed to retaliate against firms connected to legal actions or investigations involving him. Jenner & Block’s involvement stems from its former lawyer Andrew Weissmann’s work in the Russia probe. Though Weissmann left the firm in 2021, Trump has continued to single him out in public attacks.
WilmerHale’s connection to special counsel Robert Mueller has also placed it in Trump’s crosshairs. Mueller’s investigation, which examined possible ties between Trump’s 2016 campaign and Russian interference, remains a sore point for the former president. Trump’s executive order against WilmerHale was signed just days after targeting Jenner & Block.
Federal Court Showdown
The lawsuits are now in the hands of U.S. District Judge Beryl Howell, who previously ruled against Trump in the Perkins Coie case. Howell’s earlier decision blocked major parts of an order barring Perkins Coie from government contracts, calling it likely unconstitutional. The Justice Department responded by challenging Howell’s impartiality, but she dismissed their claims as speculative and legally unfounded.
Howell’s involvement in the Jenner & Block case, and the likelihood of her overseeing WilmerHale’s lawsuit, suggests a potential legal setback for Trump’s executive orders. The firms are asking the court to prevent the administration from enforcing the directives while litigation proceeds.
The Pressure on Big Law
Not all firms have chosen to fight back. Some have opted to negotiate with Trump rather than risk their business.
- Paul, Weiss reached a deal with Trump’s administration to avoid sanctions.
- The firm agreed to $40 million in pro-bono work for causes aligned with Trump’s agenda.
- Its chairman, Brad Karp, publicly denounced former Manhattan DA investigator Mark Pomerantz and agreed to an external review of hiring practices.
Meanwhile, Covington & Burling remains under an order that revoked security clearances for attorneys linked to former special counsel Jack Smith. Unlike Jenner & Block and WilmerHale, Covington has not yet mounted a legal challenge.
A Legal Battle with Wider Implications
The growing number of lawsuits against Trump’s executive orders highlights a broader struggle between the former president and the legal community. If the court sides with the law firms, it could significantly weaken Trump’s ability to use executive authority to target legal adversaries.
On the other hand, if Trump’s orders withstand legal scrutiny, it could set a precedent allowing future administrations to penalize firms based on their past clients and political affiliations. For now, all eyes are on the federal court in Washington, where the next chapter in this battle will unfold.
