Judge Overrules Trump’s Order Punishing a Major Law Firm

WASHINGTON — A federal judge in Washington, D.C., on Friday struck down an executive order by President Donald Trump that sanctioned a law firm for its previous representation of Democratic leaders.

The judge said Trump’s retaliation against the law firm of Perkins Coie violated First Amendment free speech and Fifth Amendment rights to due process.

Trump had ordered that Perkins Coie attorneys be barred from federal buildings, including courthouses. His order also threatened to cancel government contracts of some of Perkins Coie’s largest clients.

The order accused Perkins Coie of “dishonest and dangerous activity.”

Trump has used the same tactic against other law firms that opposed his policies or represented his adversaries. He accused them of “weaponizing” the legal system against him and his political allies.

Three other major law firms have sued to block executive orders Trump issued against them. They are WilmerHale, Jenner & Block and Susman Godfrey.

Nine firms capitulated to Trump’s threats. They agreed to contribute nearly $1 billion in pro bono services to conservative causes in exchange for having Trump’s executive orders against them lifted. They said that otherwise, they were facing the possibility of being driven out of business.

Perkins Coie was the first firm to successfully challenge Trump’s demands.

The ruling in favor of Perkins Coie means all other firms that have been threatened by the president could benefit by eliminating sanctions against them. The ruling bars federal agencies from enforcing Trump’s executive order against Perkins Coie. 

The question now is whether Trump will ignore the court’s order in a way similar to other court orders he has refused to obey.

Trump alluded to his confusion about whether the president needs to abide by requirements of court procedures and constitutional law during an interview Sunday on Meet the Press.

When interviewer Kristen Welker asked him whether he agreed U.S. citizens and noncitizens were entitled to due process, Trump replied, “I don’t know. I’m not, I’m not a lawyer. I don’t know.”

Due process refers to a constitutional right that says before the government can take away someone’s freedom or property, they must be notified in advance of the planned action and government agents must follow certain rules and procedures to ensure fairness. Hearings before criminal trials are an example.

Due process also was an issue in the Perkins Coie lawsuit. The firm argued that Trump’s order against them would severely hurt their business and revenue, thereby depriving them of property without giving them their due process right to defend themselves in court.

U.S. District Court Judge Beryl Howell agreed.

She accused Trump of attacking the fundamental authority of lawyers to ensure fair and impartial administration of justice.

“Settling personal vendettas by targeting a disliked business or individual for punitive government action is not a legitimate use of the powers of the U.S. government or an American president,” Howell wrote.

She said Trump was “sending the clear message: lawyers must stick to the party line, or else.”

When Perkins Coie filed its lawsuit on March 11, a statement from the firm explained, “At the heart of the order is an unlawful attack on the freedom of all Americans to select counsel of their choice without fear of retribution or punishment from the government.”

After the ruling Friday, Perkins Coie thanked “those who spoke up” to support the firm.

“As we move forward, we remain guided by the same commitments that first compelled us to bring this challenge: to protect our firm, safeguard the interests of our clients, and uphold the rule of law,” the law firm’s statement said.

Perkins Coie is a 1,200-lawyer firm based in Seattle. It represented 2016 Democratic presidential nominee Hillary Clinton in her unsuccessful campaign against Trump.

You can reach us at [email protected] and follow us on Facebook and Twitter