Second US federal court blocks Trump attempt to punish another law firm News
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Second US federal court blocks Trump attempt to punish another law firm

A second US federal court on Friday blocked President Donald Trump’s executive order targeting yet another law firm — Jenner & Block LLP. This order comes the same day Judge Richard Leon of the same federal court blocked Trump’s executive order targeting Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale).

Judge John Bates has granted a temporary restraining order and injunction blocking §§ 3 and 5 of the executive order titled “Addressing Risks from Jenner & Block,” and enjoined the defendants from using the statements contained within § 1 of the order in any interactions with the plaintiff or its clients. Section 1, titled “Background,” is riddled with allegations and accuses Jenner & Block of engaging in “partisan lawfare,” racial discrimination, unethical behavior, bribery, threatening public safety and national security, obstruction of immigration law enforcement, abuse of pro bono practice, dishonesty, etc.

Sections 3 and 5 of the executive order, as with the order aimed at WilmerHale, requires that 1) government contractors disclose, review, and terminate all contracts with Jenner & Block; and 2) Jenner & Block be restricted from access to federal officials, buildings, and employment.

While Judge Leon discussed the reasons for his holding briefly, Judge Bates’s order does not do so and only contains directives to the defendants. The court has also issued directives ordering the defendants, including the Justice Department, “to suspend and rescind all guidance or other direction to their officers, staff, employees, or contractors to communicate, effectuate, implement, or enforce” §§ 1, 3, and 5. Other directives within the order contain instructions to prevent any reliance, implementation or enforcement of the said sections and rescind any steps taken toward such implementation or enforcement.

The court remained silent as to § 2 of the order regarding security clearances for the firm. In the WilmerHale case, Judge Leon specifically denied the TRO and injunction on the security clearance aspect. The court has further ordered the defendants to file a status report by noon on Monday describing the steps taken to ensure compliance with the order.

Trump has taken action against several firms in what some would describe as retaliation for their involvement in the myriad legal cases swirling around the president over the last decade. These actions have raised severe rule of law concerns.

Another firm, Perkins Coie, succeeded in getting a federal judge to block the order targeting its firm. On the other hand, Paul, Weiss, Rifkind, Wharton, and Garrison LLP agreed to eliminate its diversity, equity, and inclusion (DEI) programs, submit to an audit of employment practices, and provide free legal services for Trump causes, prompting the president to rescind his order against the firm.

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