Given the Trump administration’s focus on retribution, perhaps Willkie Farr correctly suspected it would soon be targeted with one of the likely unconstitutional Executive Orders that are making their way through Biglaw. After all, the former Second Gentleman, Doug Emhoff, is a recent hire as well as two former investigators for the congressional committee on the January 6th attack. Plus, Willkie represented the Georgia poll workers, Ruby Freeman and Shaye Moss, who took down Rudy Giuliani.
However, the firm’s decision to capitulate to the administration, offering $100 million in pro bono payola to benefit conservative causes and clients, was a lot more controversial. According to reports, not all partners even knew this was going to happen before the news broke. But it seems Emhoff was looped in — and he disagreed with the firm’s call.
As reported by CNN:
Emhoff told the crowd at the Annual Dinner Gala for the legal aid group Bet Tzedek he had told the firm he wanted to fight the threat of an executive order he found unconstitutional but had been overruled, the sources said.
Which is great, I guess. But not as forceful as his wife’s comments during the Leading Women Defined Summit, calling out a “sense of fear.” “We’re seeing people stay quiet,” Kamala Harris said. “We are seeing organizations stay quiet. We are seeing those who are capitulating to clearly to unconstitutional threats.”
If you want to track exactly which Biglaw firms are staying quiet, which are bowing to Trump, and which are fighting the good fight, check out the Biglaw Spine Index.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
