The Trump Administration has launched an all-out attack on major law firms. Thus far, Covington & Burling, Perkins Coie, Paul Weiss, Jenner & Block, and WilmerHale have seen Executive Orders aimed at their Biglaw firms for the grievous insult of having their attorney (or former attorneys) take on clients or matters that Donald Trump (or his allies) don’t like. The chilling effect has been felt throughout the industry, despite the fact the orders are likely unconstitutional.
House Member Raja Krishnamoorthi — a Harvard Law grad himself — sees some eery parallels with this administration’s antics and the Chinese Communist Party. His statement on the matter goes hard, drawing the comparisons between Trump and the CCP — and he should know, he’s the ranking member on the House Select Committee on the Strategic Competition Between the U.S. and the CCP.
“First, the President targeted Covington & Burling. Second, he targeted Perkins Coie. Third, it was Paul Weiss. Fourth, it was Jenner & Block – which is based right in my hometown of Chicago. Most recently, WilmerHale was added to that list. These executive orders are designed to put these law firms out of business by making corporate clients afraid to retain them. Another executive order threatens judicial sanctions against lawyers from all firms who make so-called ‘frivolous’ arguments against the government.
“This isn’t just a threat to the legal profession; it’s a threat to the rule of law – one of America’s greatest strengths in our competition with the Chinese Communist Party.
“In the People’s Republic of China, the CCP arrests lawyers who represent clients who oppose the government. As a result, most lawyers in China refuse to represent human rights activists and others disfavored by the CCP. These executive orders are designed to achieve a similar outcome in America: a society where lawyers are afraid to oppose the government, and clients disfavored by the White House are unable to obtain the best legal representation.
“This is not about right or left. This is about right or wrong. When it comes to our legal system, we should not take our cues from the People’s Republic of China.”
Krishnamoorthi’s statement makes it clear the problem is not one just for the lawyers. It’s about the creep of authoritarianism and how the Trump administration is accumulating power and pushing those who might oppose him to back off. To say nothing of the increasingly likely reality Trump seeks a third term — despite the clarity of the 22nd Amendment.
It’s getting cliche to say we live in unprecedented times, and the question of who exactly will stand up for the rule of law remains open.
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].
