The deans of 79 US law schools issued a joint letter on Wednesday condemning US President Donald Trump’s efforts to sanction law firms and lawyers, warning that such actions violate the US Constitution.
The deans, who signed the letter in their personal capacity, stated:
We write to reaffirm basic principles: The government should not punish lawyers and law firms for the clients they represent, absent specific findings that such representation was illegal or unethical. Punishing lawyers for their representation and advocacy violates the First Amendment and undermines the Sixth Amendment.
The First Amendment to the US Constitution protects the right to free speech and association, as well as the right to petition the government for redress. Under the Sixth Amendment, all criminal defendants hold the right to effective counsel.
The Trump administration has issued executive orders targeting four prominent law firms over the past month, claiming the firms engaged in conduct that is “detrimental to critical American interests.” The sanctions have included the suspension of individual security clearances, the termination of federal contracts, and the restriction of access to federal buildings.
The orders frequently cited the law firms’ representation of Trump’s political opponents and individuals who have prosecuted him. In February, Trump sanctioned Covington & Burling, a law firm that provided pro bono services to former Special Counsel Jack Smith. Smith previously led two investigations into Trump, including the prosecution of the president over his alleged interference with the 2020 presidential election.
On March 14, Trump issued an order targeting Paul Weiss, Rifkind, Wharton & Garrison, stating that a partner at the firm brought a pro bono lawsuit against individuals allegedly involved in the January 6 riots at the US Capitol. The order also claimed that the firm hired an attorney who “manufactured” a prosecution against Trump and “unethically led witnesses in ways designed to implicate” him. Trump rescinded the order last week after negotiating with the firm over numerous policy changes.
Trump additionally sanctioned Perkins Coie, citing the firm’s representation of former presidential candidate Hillary Clinton and its attempt to “steal” the 2016 presidential election.
The orders also reflect the administration’s commitment to ending “diversity, equity, and inclusion” (DEI) policies. Trump sanctioned Jenner & Block last week, claiming the firm “discriminates against its employees based on race and other categories prohibited by civil rights laws.” The president’s order targeting Perkins Coie cited similar concerns that the firm’s hiring quotas were “racially discriminat[ory].”
Perkins Coie sued the administration earlier this month, claiming the executive order violated the US Constitution. The firm emphasized that the order was illegally retaliatory, stating: “Its plain purpose is to bully those who advocate points of view that the President perceives as adverse to the views of his Administration.”
A federal judge temporarily blocked the administration from enforcing a majority of the order and rejected an attempt by the Department of Justice (DOJ) to remove her from the case. The DOJ previously filed a complaint claiming the judge “repeatedly demonstrated partiality against and animus towards the President.”
