The Trump administration issued a new memorandum on Saturday directing Attorney General Pam Bondi to seek sanctions against attorneys and law firms that file what he characterized as “frivolous, unreasonable, and vexatious” lawsuits against the federal government. The memo marks the latest move by the administration to scrutinize legal practitioners who challenge White House policies or represent clients in immigration proceedings the president deems ‘meritless’.
The memo states, “Far too many attorneys and law firms have long ignored [Rules of Professional Conduct 3.1] when litigating against the federal government or in pursuing baseless partisan attacks.” The memo also cites Federal Rule of Civil Procedure 11, which bars lawyers from lodging claims with improper motivations, lacking evidentiary support, or not grounded in existing law.
Saturday’s memo targets the US immigration system, claiming it is “rampant with fraud and meritless claims,” and “unscrupulous behavior” by attorneys who “frequently coach” clients to lie to secure asylum. “Gathering the necessary information to refute these fraudulent claims imposes an enormous burden on the Federal Government,” Trump contended.
Under the new directive, Bondi must not only seek sanctions where misconduct is found but also refer attorneys for disciplinary proceedings if they violate rules governing the filing of meritorious claims. Bondi is instructed to treat ethics violations by junior attorneys as potentially imputable to law partners or firms when appropriate. The memo indicates that such referrals will be prioritized for cases with implications for national security, homeland security, public safety, or election integrity.
Another key component of the order is a directive to review conduct by attorneys and law firms involved in litigation against the federal government over the past eight years. If the attorney general finds instances of misconduct, she is instructed to recommend “additional steps” to the president, such as reevaluating attorneys’ security clearances or terminating federal contracts with firms found to have supported allegedly frivolous or fraudulent litigation.
“Law firms and individual attorneys have a great power, and obligation, to serve the rule of law, justice, and order,” Trump wrote. “The Attorney General, alongside the Counsel to the President, shall report to the President periodically on improvements by firms to capture this hopeful vision.”
Friday’s memo builds on several actions the president has taken against prominent law firms in recent weeks. Earlier this month, the White House suspended security clearances at Perkins Coie LLP, citing the firm’s diversity-focused hiring policies and previous political representation, including its work for former Senator Hillary Clinton’s presidential campaign. The move drew strong criticism across the legal community, prompting Perkins Coie to file a lawsuit in response.
In another instance, the administration revoked security clearances from attorneys associated with Paul Weiss Rifkind Wharton & Garrison LLP over that firm’s DEI (Diversity, Equity, and Inclusion) programs and a former attorney’s cooperation with a Manhattan district attorney’s investigation. While the president rescinded the order just days later, it came with significant conditions, including a reported $40 million pro bono commitment by Paul Weiss to support the administration’s policy objectives.
