Over 500 law firms have filed an amicus brief (PDF) in support of Perkins Coie's case against the U.S. Department of Justice, the named defendants, et. al..
The firms signing on take up 12 pages of the 24 page brief, filed on Friday. As evidence, it lists Trump's executive orders against WilmerHale, Jenner & Block and Paul Weiss, and the specific suspension of security clearance and contracts at Covington & Burling.
The lead law firm filing the brief is Munger, Tolles & Olson LLP. Their statement about the brief is short.
The brief argues that it is critical for our judicial system and the rule of law that lawyers be able to represent clients without suffering governmental repercussions merely for doing so.
The Executive Orders issued recently against prominent law firms raise important issues for our courts to decide. We are honored to participate together with so many of our colleagues in the legal profession in the submission of this brief.
In the brief itself, they describe the order's designed chilling effect and say that the TRO should be permanently enjoined as a violation of the First, Fifth and Sixth Amendments to the Constitution.
"But something even more fundamental is at stake. In recent weeks the president has issued not one but five executive orders imposing punitive sanctions on leading law firms in an undisguised retaliation for representation that the firm, or its former partners, have undertaken, and more may be in the offing. Those Orders pose a grave threat to our system of constitutional governance and to the rule of law itself. The Judiciary should act with resolve -- now --- to ensure that this abuse of executive power ceases."
"The Executive Order, at issue in this case, and others like it, take direct aim at several of the Nation's leading law firms and seek to cow every other firm, large and small, into submission."
After going over the draconian punishments listed in the executive orders and their designed purpose, the brief goes into detail of how lawyers represent everyone, not just ones to their liking. Basically it's Law 101 and how the judicial system works. Then it describes how it won't work with Trump continuing his attack on law firms that either had his enemies in them, or defended them from him, or were litigating against his administration.
"Since this Court entered its Temporary Restraining Order, the Administration has redoubled its threats of retaliation against the legal profession."
"... which attack those firms' pro bono representations as, 'activities that make our communities less safe, increase burdens on local businesses, limit constitutional freedoms, and degrade the quality of American elections,' is cause for particularly acute concern."
Calling firms' pro bono work as dangers to society has been in each one of the executive orders. The law firms that have caved in, as part of their restitution for having committed the crime of representing people against the administration or Trump, have been blackmailed into providing free pro bono work to whoever Trump decides should receive it, in the amount of $40 million on the first firm, and $100 million since, on each law firm.
The orders also attack the firms' DEI programs, calling it discrimination, revoke security clearances, and prohibit access to federal buildings, making it impossible to pursue federal cases.
"In too many countries and instances to name, regimes have disbarred, prosecuted and jailed lawyers who dared to represent opposition figures or challenge government actions, with predictable results for rule of law and the integrity of the legal profession."
There's an amicus brief (PDF) by the National Association of Criminal Defense Lawyers.
Another amicus brief (PDF) by the Lawyers Committee for Civil Rights Under law.
You probably expected the ACLU to file one, and they did.
The amicus brief by the 300 retired judges hasn't been filed yet. They just put the judge on notice they were going to file one on Friday.
Here's the whole court docket on the case.
As Perkins Coie goes, so may the others. The ones who caved may have second thoughts when Perkins Coie wins, because Perkins Coie has to. If Trump is allowed to executive order lawyers and firms into submission, we are headed down a very dark path.
Trump can not be allowed to commit the lawfare he accuses others of. Pam Bondi can not be allowed to use the Justice Department as a weapon.
When Trump, the DOJ, loses, the DOJ appeal will go to the Supreme Court. The rule of how the law works is at stake. Trump and his administration obeying rulings which are law, is the other major challenge in front of Judge Boasberg in the deportation flights case.
Perkins Coie is being handled by Judge Beryl Howell, and she has already let Justice Department lawyers know she's not happy with their tactics.
The government asked Judge Howell to recuse herself from the case on Wednesday. She sharply rejected the ploy.
"This strategy is designed to impune the integrity of the federal judicial system and blame any loss on the decision-maker rather than fallacies in the substantive legal arguments presented."
She ripped apart the first line of the disqualification motion, which said that she showed "the need to curtail ongoing encroachments of President Trump's executive power playing out around the country."
She responded, "Adjudicating whether or not an Executive Branch exercise of power is legal, or not, is actually the job of the federal courts, and not of the President or the Department of Justice."
I don't see a hearing scheduled in the case on the docket. The judges haven't filed theirs yet, so there must be still time for something else before Judge Howell hands down her decision.
That will be very interesting.
