What The Hell America!

Two major law firms are taking the Trump administration to court on Friday, seeking to block executive orders that the firms say target them for zealous representation of clients and their hearty pro bono work.

The lawsuit by the Jenner & Block firm, filed in federal district court in Washington, D.C., alleges violations of the First Amendment guarantees to free speech and free association. It also alleges the order violates the due process clause of the Fifth Amendment by hurting the firm’s ability to practice law; and violates the Sixth Amendment, for undermining the relationship between attorneys and their clients, and clients’ right to lawyers of their choosing.

A separate lawsuit by the WilmerHale law firm said the executive action Trump took on Thursday punishes the firm for employing former special counsel Robert Mueller and other public servants who worked alongside him.

WilmerHale’s lawsuit said the White House is retaliating against it for representing the Democratic National Committee, the campaigns of Democratic politicians Joe Biden and Kamala Harris, and for suing the administration this year over its firing of several inspectors general.

The lawsuits come after President Trump signed executive orders this week, which attempted to restrict both firms’ access to federal buildings, yank any active security clearances held by its personnel, and direct government employees not to meet with the firm or its members.

“For more than 100 years, Jenner has tirelessly advocated for its clients against all adversaries, including against unlawful government action,” the lawsuit said. “With this suit, the Firm takes up that charge once again. To do anything else would mean compromising Jenner’s ability to zealously advocate for its clients and capitulating to unconstitutional government coercion.”

Jenner, which employs about 500 lawyers, has one of the nation’s strongest pro bono programs, which represents immigrants and LGBTQ people, among other clients.

Trump referred to some of that work in his March 25 executive order. And he blasted the firm for once employing Andrew Weissmann, a member of the special counsel team that investigated Trump. Weissmann has not worked at Jenner for years but he remains a critic of the president.

Jenner is seeking to have the case heard by Judge Beryl Howell, who recently blocked enforcement of a similar executive order against the law firm Perkins Coie. The Justice Department has attempted to disqualify Howell, but the judge cast that effort as an attempt to intimidate the independent judiciary.

Trump accused of attacking legal system

Trump moved against WilmerHale only hours before that firm went to court Friday morning.

“The Executive Order targeting our firm is a plainly unlawful attack on the bedrock principles of our nation’s legal system—our clients’ right to counsel and the First Amendment,” a firm spokesman said in a written statement. “The terms of a nearly identical Executive Order have already been enjoined by a federal judge and today we have filed for immediate relief to protect the rights of our clients.”

Wilmer is represented by former solicitor general Paul Clement, a major figure in the conservative legal movement.

Clement said in court papers that the executive order against the firm flouts the fundamental separation of powers and that Trump has no authority to sanction a law firm “for representing his political opponents or handling lawsuits that he perceives to be contrary to his interests or those of the United States.”

Two other law firms have sought to reach settlements with the White House after Trump targeted them in executive orders. But in a statement, Jenner said “capitulating to unconstitutional government coercion” is not in its DNA.