Lawyers Criticize Trump Retaliation Against Attorneys for His Adversaries

WASHINGTON — The legal community is expressing outrage over President Donald Trump’s order Tuesday to cancel the security clearances and terminate government contracts with the law firm representing former special prosecutor Jack Smith.

The Justice Department assigned Smith to pursue potential criminal charges against Trump for election interference and mishandling classified documents.

The charges were dropped when Trump was reelected. It did not end Trump’s pursuit of retaliation against Smith for what he calls the “weaponization” of the Justice Department against Biden administration adversaries.

Newly appointed FBI director and Trump supporter Kash Patel is one of the government officials who has said Smith should be prosecuted.

Trump’s directive Tuesday against the law firm Covington & Burling is raising questions about whether he also is interfering with the Sixth Amendment right to representation by counsel by targeting lawyers for retaliation.

The New York Council of Defense Lawyers released a statement saying, “Unless there is broad-based condemnation of this and similar attacks, we face a significant risk that many individuals will become even more susceptible to vindictive, arbitrary and unjust political prosecutions without the ability to vigorously defend themselves.”

The directive mentions only attorney Peter Koski by name but said others at Covington & Burling might be added to the list of sanctioned lawyers “pending a review and determination of their roles and responsibilities, if any, in the weaponization of the judicial process.”

As he signed the directive in front of reporters, Trump said, “We’re going to call it the deranged Jack Smith signing, or bill. The weaponization of our system by law firms, even pro bono work they’re doing in order to clog up government, stop government. And nobody knows about it better than me and, hopefully, that will never happen again.”

Covington & Burling is refusing to back down in its pro bono representation of Smith.

A statement from the firm says it agreed to represent Smith when it “became apparent that he would become the subject of a government investigation.”

“For more than 100 years, Covington has represented clients facing government investigations, consistent with the best traditions of the legal profession,” the firm’s statement said. “Covington serves as defense counsel to Jack Smith in his personal, individual capacity. We look forward to defending Mr. Smith’s interests and appreciate the trust he has placed in us to do so.”

Previously, Trump sanctioned New York Attorney General Letitia James and Manhattan District Attorney Alvin Bragg by revoking their access to classified information and banning them from federal facilities.

James obtained a $486 million civil fraud judgment against Trump and his company for exaggerating their assets to secure loans at favorable rates. Bragg prosecuted Trump last year after he paid hush money to an adult film star.

Revoking security clearances and bans from federal property could seriously impair the attorneys’ ability to carry out their jobs. It bars them from access to evidence in federal cases and prevents them from entering buildings such as courthouses, U.S. Attorneys’ offices and law enforcement facilities.

Some attorneys are wondering whether Trump administration reprisals will impede representation of fired FBI agents who investigated Trump or federal employees who are suing him for wrongful discharge.

“Our concern stems from the potential chilling effect these actions may have on the willingness of law firms to undertake pro bono representation in politically sensitive cases,” said Lisa M. Wayne, executive director of the National Association of Criminal Defense Lawyers, in a statement.

Other attorneys remain in the crosshairs of the Trump administration.

They are being investigated by Attorney General Pam Bondi’s “Weaponization Working 

Group.” Smith’s team is one of several issues the group is checking out.

Bondi testified during her confirmation hearing that she would not allow the Justice Department to become politicized.

Shortly after being sworn into office, Bondi warned career Justice Department attorneys that she would not tolerate any interference with Trump administration policies. Otherwise, they risk being fired.

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