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A federal judge on Tuesday struck down President Trump’s order targeting the law firm of WilmerHale, warning - with Trumpian exclamation marks throughout his opinion - that the president’s move ran afoul of what the Founding Fathers envisioned.
In his 73-page order, Judge Richard J. Leon of the District Court for the District of Columbia said that Mr. Trump’s order taking away security clearances and access to federal buildings from WilmerHale attorneys was “retaliation for the firm’s protected speech.”
“Any one of those sanctions would cause clients to strongly reconsider their engagements with WilmerHale. Taken together, the provisions constitute a staggering punishment for the firm’s protected speech! The Order is intended to, and does in fact, impede the firm’s ability to effectively represent its clients!” Wrote Judge Leon, who was appointed by former President George W. Bush.
He said the cornerstone of the justice system is an independent judiciary — including independent lawyers who take on daunting cases.
“The Founding Fathers knew this! Accordingly, they took pains to enshrine in the Constitution certain rights that would serve as the foundation for that independence. Little wonder that in the nearly 250 years since the Constitution was adopted no Executive Order has been issued challenging these fundamental rights,” he wrote. “Now, however, several Executive Orders have been issued directly challenging these rights and that independence. One of these Orders is the subject of this case.”
“I have concluded that this Order must be struck down in its entirety as unconstitutional. Indeed, to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!”
The decision comes after another judge last week blocked one of the president’s orders against Jenner & Block.
The president issued a string of orders against law firms in March over their representation of issues he found political, like election-related matters and immigration. WilmerHale also employed such Trump foes as Special Counsel Robert Mueller, who probed Mr. Trump’s 2016 campaign for alleged Russia collusion.
About three firms have challenged the orders.
A few law firms that had been targeted or feared targeting offered legal services to the president as a way to escape the restrictions.
Paul, Weiss; Milibank; Willkie Farr & Gallagher; and Skadden, Arps, Slate, Meagher & Flom have reportedly negotiated settlements. Many have offered to do tens of millions of dollars of pro bono legal work for the Trump administration.