President Trump has engaged in a campaign of intimidation against Congress, the media, universities, and the legal system, including judges and lawyers. He has been most successful in intimidating Congress, which has Republican majorities in both chambers. They are so afraid of the threats of Trump supporting another candidate in a Republican primary that they have given Trump whatever he wants.
Trump has repeatedly attacked the judiciary who has ruled against him and said that the judge should be impeached. This resulted in an unusual rebuke from United States Supreme Court Chief Judge John Roberts, who stated, “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.” The “normal appellate review process exists for that purpose.” The Chief Judge’s comments have not stopped Trump from his continued attacks on the judiciary.
Trump has stepped up his attacks against law firms that have employed individuals who prosecuted him or represented clients who Trump found objectionable. He has used executive orders to limit the firm’s access to the federal buildings, security access, to individuals within the executive branch and cancelled any government contracts with them. There have been various reactions by the firms.
Kenny Rogers sang the famous lines, “You got to know when to hold ‘em, know when to fold ‘em. Know when to walk away and know when to run.” Paul, Weiss, Rifkind, Garrison & Wharton decided to fold in response to Trump’s executive order. Trump’s reasons for his executive order against Paul Weiss included bringing a pro bono suit against individuals alleged to have participated in the events that occurred at or near the United States Capitol on January 6, 2021, on behalf of the District of Columbia Attorney General, and hiring Mark Pomerantz who, while working for the Manhattan DA, tried to convince them to bring criminal charges against Trump.
In order for Trump to rescind the order, Paul Weiss agreed to perform $40 million in pro bono services for causes that Trump supports. The firm thought this a smart business decision. I tend to disagree. When people look for a lawyer, they want a fighter. Who would want to hire a firm that can’t even stick up for themselves? This is not even considering the employees who may now want to abandon ship. Also, this cave-in has damaged the firm’s reputation in the legal community. Fellow law firms have criticized Paul Weiss. My father would not have been surprised. He never had much regard for big law firms. His attitude in dealing with them was that the bigger they are, the harder they fall.
What makes this decision more striking is that another law firm, Perkins Coie LLP, also targeted by Trump, went to Federal Court and obtained a temporary restraining order from the Court. It’s an indication this judge believes Trump will lose, and the executive order will not be allowed to be enforced.
If Paul Weiss thought making a deal would placate Trump, they were clearly mistaken. It did not take long for Trump to take another step going after lawyers confronting him and the administration.
On March 22, Trump wrote a memo to the attorney general and the secretary for homeland security with the title “Preventing Abuses of the Legal System and the Federal Court.” It is clearly an attempt to intimidate attorneys. He made various requests to the attorney general, including “to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States or in matters before executive departments and agencies of the United States.” He also directed the attorney general “to refer for disciplinary action any attorney whose conduct in Federal court or before any component of the Federal Government appears to violate professional conduct rules…”
“I further direct the Attorney General and the Secretary of Homeland Security to prioritize enforcement of their respective regulations governing attorney conduct and discipline.”
Then there are the two most dangerous provisions ripe for abuse which Trump has used to go after the current group of attorneys. Unlike the other requests in which a neutral third party decides the merits of the claim, it is the Trump administration that makes the decision.
The first was: “I further direct that, when the Attorney General determines that conduct by an attorney or law firm in litigation against the Federal Government warrants seeking sanctions or other disciplinary action, the Attorney General shall, in consultation with any relevant senior executive official, recommend to the President, through the Assistant to the President for Domestic Policy, additional steps that may be taken, including reassessment of security clearances held by the attorney or termination of any Federal contract for which the relevant attorney or law firm has been hired to perform services.”
“I further direct the Attorney General, in consultation with any relevant senior executive official, to review conduct by attorneys or their law firms in litigation against the Federal Government over the last 8 years. If the Attorney General identifies misconduct that may warrant additional action, such as filing frivolous litigation or engaging in fraudulent practices, the Attorney General is directed to recommend to the President, through the Assistant to the President for Domestic Policy, additional steps that may be taken, including reassessment of security clearances held by the attorney, termination of any contract for which the relevant attorney or law firm has been hired to perform services, or any other appropriate actions.”
These intimidation tactics will not work as long as the legal community is united. Maybe private attorneys should use Trump’s memo against him and file grievances against attorneys from the government who engage in unethical conduct in litigation.
Trump knows that currently the only group that can stop his illegal actions is the courts. Congress has ceded its power to Trump. Courts can only decide cases brought to them. It is the lawyers who bring the cases. That is why Trump goes after both of them. That is why it is important for the legal community to stick together and fight Trump’s tactics in the courts. Trump only understands force. The more he goes after the lawyers the harder we will push back. The founding fathers set up the government to deal with the situation we are in. We need lawyers who push back and not lawyers like Paul Weiss who cave in.
Warren S. Hecht is a local attorney. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it.
