Chicago – Attorney General Kwame Raoul and Delaware Attorney General Kathy Jennings led a coalition of 21 attorney generals in issuing an open letter to the legal community warning of illegal attempts by the Trump administration to deter lawyers from challenging the administration’s actions or representing clients disfavored by the administration. The attorneys general call on the legal community to resist attempts at bullying or retribution and uphold the values of their profession.
“Attacking attorneys because they argued a case against the government or represented a particular client cuts to the heart of the legal profession and threatens our work,” Raoul said. “It is also dangerous for the president to attempt to vilify the judiciary whenever they don’t agree with him. I join my fellow attorneys general to make clear that we will not allow the rule of law to be undermined by political retribution. We will stand with all our colleagues in the legal community who stay true to the ideals and values of our profession.”
Raoul and the attorneys general argue that the administration’s unconstitutional actions are a gross abuse of authority and an attack on the practice of law. The attorneys general note in their letter that President Trump has issued executive orders against five law firms, seeking retribution over ideological differences and punishing firms for the actions of individual attorneys representing clients adverse to the president or his supporters. The president also issued a memorandum last week threatening all law firms and lawyers that engage in litigation against the federal government.
Trump’s actions cancel all government contracts with the targeted firms, strip all of the firms’ attorneys of their security clearances and threaten the same against any firm that dares to step out of line. The orders bar lawyers from the firms from public buildings and violate client privacy, including mandating that clients disclose their contracts with the targeted firms. President Trump also singled out individual attorneys for condemnation because the attorney represented clients who challenged his administration’s actions.
In addition, one of the orders calls on the U.S. attorney general, in consultation with state attorneys general, to “investigate” law firms that have programs or policies focused on diversity, equity and inclusion.
The chilling effect of these actions was quickly demonstrated as one targeted firm has already acquiesced to the administration’s demands by agreeing to, among other things, abandon diversity, equity and inclusion practices, and provide $40 million in pro bono work on causes supported by President Trump.
In their letter, Raoul and the attorneys general note that lawyers have an obligation to uphold the rule of law and should not acquiesce to intimidation by dropping clients or refusing to take on certain cases due to fear of retribution. They encourage firms to stand strong and support their colleagues. The coalition also makes clear that they will not allow their offices to be used for political attacks against law firms that hold viewpoints unfavored by the administration.
Finally, Raoul and the attorneys general condemn the administration’s baseless attacks on federal judges who have ruled against President Trump and his allies. The coalition urges the entire legal community to speak out against such attacks, including calls for the impeachment of judges who rule against the administration’s actions.
Joining Attorneys General Raoul and Jennings in sending the letter are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Massachusetts, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.
