A group of 17 bar societies and law associations across the world condemned the Trump administration on Tuesday for targeting lawyers, law firms and other legal organizations.
The joint statement addressed recent sanctions imposed against the International Criminal Court (ICC), denunciations against the American Bar Association, and reducing security clearances for law firms providing services to individuals and organizations the administration is hostile towards. Regarding this conduct, the letter states:
The actions…demonstrate a contempt for the independence of the legal profession and violate long-standing international standards to ensure legal professionals can conduct their vital work without interference. Lawyers must be able to represent their clients without fear of retaliation and must not be punished because of who their clients are.
The letter then implores the administration to rescind the executive orders, cease any kind of intimidation, hindrance, or harassment against legal professionals and to abide by the UN basic principles for the role of lawyers.
Principles 16-21 of the UN Basic Principles for the Role of Lawyers specify safeguards and rights lawyers enjoy. Lawyers are to enjoy immunity from civil and penal charges against statements made in good faith in written, oral and professional representations or appearances. They are to be provided access to appropriate information by the government so as to enable effective legal assistance to clients. Lawyers are also not to be identified with their clients’ causes in performing the duties required by their work.
The letter comes after the US President Trump’s several actions targeting lawyers in and outside of the country. In February, Trump signed an executive order sanctioning ICC personnel and their immediate family members, alleging the ICC has “without a legitimate basis, asserted jurisdiction over and opened preliminary investigations concerning personnel of the United States and certain of its allies, including Israel.” In response, the UN condemned the sanctions, arguing they violated Article 70 of the Rome Statute by making “efforts to impede or intimidate an official of the Court.” More than 79 countries responded to the executive order by affirming their support for the ICC.
In addition, the Trump administration has targeted multiple large law firms and domestic organizations after representing clients not ideologically aligned with the administration. Paul Weiss, Rifkind, Wharton & Garrison LLP were targeted after providing pro bono services for former special counsel Jack Smith, who opened investigations into the January 6th riots. Similarly, Perkins Coie had its security clearance revoked and contracts cancelled after providing services to clients challenging the administration’s executive order prohibiting trans women from participating in women’s sports.
On Monday, the US Equal Employment Opportunity Commission required 20 law firms to provide data on the firms’ DEI programs, looking for potential discrimination under Title VII of the Civil Rights Act of 1964.
The Federal Trade Commission also denounced the ABA after the organization published an open letter condemning the abrogation of the rule of law by many of Trump’s recent executive orders. The memorandum prevented FTC lawyers from participating in or working with the ABA and accused the organization of partisan advocacy and collaborating with big tech.
