politics

Summary:

More than 500 law firms on Friday denounced President Donald Trump’s campaign to punish individual firms, calling his actions abuses of power that endanger the rule of law.

The firms said in a court filing that Trump’s orders are potentially devastating for any firm he targets and appear intended to intimidate others so that they do not challenge his administration. The filing was not signed by any of the 20 largest firms nationwide, as measured by revenue.

“Whatever short-term advantage an administration may gain from exercising power in this way, the rule of law cannot long endure in the climate of fear that such actions create,” the group objecting to Trump’s orders wrote in the filing.

Trump has issued orders castigating several prominent law firms, citing their connections to some of his perceived foes and directing that they face significant consequences. The punishments have included losing government contracts and being blocked from federal buildings or interacting with government employees, which firms describe as catastrophic for their operations.

His orders have caused a sharp divide within the legal community, with firms and attorneys split on whether to fight.

Some firms have reached deals with the Trump administration to avoid punishment, agreeing in some cases to provide up to $100 million in pro bono work for causes the president supports. Three firms targeted by Trump — Perkins Coie, Jenner & Block and WilmerHale — instead sued to fight the orders, and federal judges at least temporarily blocked many of the penalties they faced.

The court filing submitted Friday was signed by hundreds of firms backing Perkins Coie in its lawsuit. The filing — known as an amicus, or friend of the court, brief — appeared to be a show of support from across the legal profession, with signatures from large firms with hundreds of employees as well as smaller, boutique operations. Three firms targeted by Trump — WilmerHale, Jenner & Block and Covington & Burling — were among those that signed.

“We are grateful for the support of over 500 law firms, as well as numerous other amici, in our challenge to the unconstitutional Executive Order and the threat it poses to the rule of law,” Perkins Coie said in a statement.

It was not immediately clear whether the largest firms that did not sign had all been contacted about the filing or offered a chance to sign on before it was submitted. The Washington Post contacted all 20 firms before the brief was submitted and again after it was filed. Most firms did not immediately respond to either query.

Senior partners from Keker, Van Nest & Peters publicly said days earlier that they had signed on to it and urged big firms to follow their lead.

Trump began targeting firms in February, taking aim at several that employed people who had investigated him or had other ties to his foes. He assailed Perkins Coie for representing Hillary Clinton, his opponent in the 2016 presidential race, and punished Covington & Burling for its representation of Jack Smith, the former special counsel who oversaw federal indictments against Trump.

In the brief, the firms backing Perkins Coie said Trump’s orders “seek to cow every other firm, large and small, into submission.” The firms said the orders posed a “looming threat” that any attorney or firm challenging the administration could face “the risk of devastating retaliation.” Challenging government overreach is a core part of what lawyers and law firms do, they added, something that invariably brings them into conflict with the government.

The firms also expressed “particularly acute concern” about the portions of Trump’s executive orders criticizing firms for their pro bono work, saying attorneys have to be able to advocate for all clients, “large and small, rich and poor.”

The White House did not immediately respond to a request for comment about the filing Friday.