Federal judges temporarily block Trump's executive orders targeting two major law firms
Two federal judges temporarily blocked President Trump’s executive orders targeting two major law firms, Jenner & Block and WilmerHale, on Friday.
The orders come as the Trump administration has sought to crack down on law firms with perceived ties to political enemies and critics, restricting access to the federal government.
Judge John D. Bates, an appointee of former President George W. Bush, barred the current administration, for now, from going after Jenner & Block in its March 25 executive order. The law firm previously employed Andrew Weissmann, an ex-federal prosecutor who was part of special counsel Robert Mueller’s team.
The judge’s Friday evening ruling blocks most of Trump’s order, including Sections 3 and 5, alongside the language in Section 1.
Bates said that it was “disturbing” and “troubling” that the order, which looked to curtail the firms’ federal government contracts, lawyers’ access to government buildings and security clearances, also went after pro-bono work, a legal service firms provide free of charge to those who cannot afford them.
Bates said in the 2-page order that Attorney General Pam Bondi and the director of the Office of Management and Budget (OMB) Russell Vought have to “immediately issue guidance to all other agencies subject to the Executive Order to suspend and rescind any implementation of enforcement of Section 3 and 5 of the Executive Order, as well as any use of or reliance on the statements in Section 1 of the Order.”
The judge ordered the Department of Justice to file a “status report” by noon on Monday to outline the steps taken that they have complied with the Friday ruling.
In a separate Friday ruling regarding WilmerHale, Judge Richard Leon, who was also appointed by Bush, ruled that the administration’s order is “retaliatory” in “nature” and it is “clear from its face.”
“Indeed, the Executive Order requires government contracting agencies to disclose, review, and terminate all contracts with the plaintiff – that is Section 3 – and restricts WilmerHale employees from access to federal officials, buildings, and employment – that is Section 5,” Leon said in the ruling. “There is no doubt this retaliatory action chills speech and legal advocacy, or that it qualifies as a constitutional harm.”
On Thursday, Trump signed an executive order targeting WilmerHale, a firm that employed Robert Mueller prior to and after he served as special counsel.
Trump has also penned similar orders against Covington & Burling, Perkins Coie and Paul, Weiss, Rifkind, Wharton & Garrison, three additional law firms.
Unlike Jenner & Block and WilmerHale, some firms have made concessions in response to the orders. Paul Weiss agreed to do pro-bono work for the administration and eliminate diversity, equity and inclusion policies, which prompted Trump to rescind an order targeting the law firm.
The Trump administration also cut a deal with Skadden, Arps, Slate, Meagher & Flom, which has agreed to do $100 million in pro bono work.
“We appreciate the court’s swift action to preserve our clients’ right to counsel and acknowledgement of the unconstitutional nature of the executive order and its chilling effect on the legal system,” a WilmerHale spokesperson said in a statement. “The court’s decision to block key provisions of the order vindicates our and our clients’ foundational First Amendment rights.”
Updated at 11:22 p.m. EDT