Three recent executive orders from the Trump administration targeting law firms that represent clients against the federal government have pushed the Nassau County Bar Association to speak out.
The association released a statement condemning the executive orders, stating that it believed they attacked Americans’ rights to due process and freedom of speech.
The executive orders their statement refers to were released on Feb. 25, March 6, and March 14 against Covington & Burling LLP, Perkins Coie LLP, and Paul Weiss, respectively.
The orders revoked the firms’ security clearances and attempted to restrict certain attorneys’ entrance to federal court buildings, actions which essentially prevented the firms from representing some clients against the federal government, as clients would not be able to speak with the attorneys about cases that involve disclosing confidential information.
Daniel W. Russo, the president of the Nassau County Bar Association, emphasized that his organization was not attempting to make a political statement against the Trump administration as a whole but rather felt a need to express opposition to these three specific orders, which he said violated the 6th and 14th Amendments.
“The executive branch should not be condemning law firms solely on people they have represented in the past,” Russo said. “The executive branch should not disqualify firms from representing private citizens or corporations simply because that law firm may be a political adversary.”
“If it continues down that path, it could potentially have a large impact on the practice of law,” he added.
Washington, D.C.-headquartered Covington & Burling LLP was targeted by Trump’s Feb. 25 order primarily because of its work with Jack Smith, who led investigations regarding Trump’s mishandling of classified documents and efforts to overturn the 2020 election during his time as Special Counsel to the Department of Justice.
Paul Weiss in New York City was named in the administration’s March 14 order partially due to the firm’s partners’ investigations of Trump’s business and their involvement in a suit on behalf of the District of Columbia Attorney General against individuals alleged to have participated in the Jan. 6, 2021 attack on the U.S. Capitol.
That firm entered into an agreement with the Trump administration to stem its retaliation. The agreement provided the administration with $10 million worth of pro bono legal services annually.
Seattle-based Perkins Coie LLP earned Trump’s ire partially because it had previously represented Hillary Clinton after the 2016 election. On March 11, the firm filed legal action in response to the executive order, which it called unlawful in a statement. The firm continues to fight the administration in court and has won a temporary restraining order against it.
“The order violates core constitutional rights, including the rights to free speech and due process. At the heart of the order is an unlawful attack on the freedom of all Americans to select counsel of their choice without fear of retribution or punishment from the government,” the firm’s managing partner Bill Malley wrote in a statement. “We were compelled to take this action to protect our firm and our clients.”
All three executive orders cite the firms’ diversity, equity, and inclusion policies as additional reasons for filing them.
The Financial Times reported on Monday that a White House official said roughly a dozen more firms would likely be subjects of additional executive orders.
“The Nassau County Bar Association unequivocally supports individuals’ rights to legal counsel who can advocate on their behalf without the fear of reprisal,” the association’s statement condemning the executive orders reads. “Adhering to our oath requires all attorneys to stand up to what is a clear threat to the pillars of this nation’s judicial system. Organized bar associations across the nation must speak now and must speak together to protect our system of justice.”
