In recent legal developments, two prominent law firms have initiated court proceedings against the Trump administration. On Friday, Jenner & Block and WilmerHale filed lawsuits challenging executive orders they claim unfairly target them due to their vigorous client representation and extensive pro bono work.
The lawsuit by Jenner & Block, submitted in federal district court in Washington, D.C., alleges the executive order breaches the First Amendment rights of free speech and free association. The firm also argues it violates the Fifth Amendment’s due process clause by impeding their legal practice and the Sixth Amendment by damaging the attorney-client relationship and clients’ rights to select their lawyers.
WilmerHale, in its separate lawsuit, contends the executive order punishes them for employing former special counsel Robert Mueller and other public officials who collaborated with him. The firm claims it is being retaliated against for its affiliations with the Democratic National Committee and the campaigns of public figures Joe Biden and Kamala Harris, as well as its recent lawsuit opposing the administration’s firing of inspectors general.
These legal actions follow President Trump’s signing of executive orders this week aiming to curb both firms’ access to federal facilities, revoke any existing security clearances of their personnel, and instruct federal employees to avoid engaging with the firms.
Jenner & Block has expressed its longstanding commitment to vigorous client advocacy, citing its strong pro bono program representing marginalized communities, including immigrants and LGBTQ individuals. The lawsuit highlights the firm’s commitment to combating unlawful government action.
Additionally, the Justice Department responded to the lawsuits, emphasizing that the involved law firms should not be granted taxpayer-funded access to national security information. Meanwhile, Judge Beryl Howell, who previously blocked a similar executive order against Perkins Coie, was considered to preside over Jenner’s case, but it was instead assigned to Judge John Bates. WilmerHale’s case has been allocated to Judge Richard Leon.
A spokesperson for WilmerHale described the executive order against the firm as an egregious violation of legal system principles, emphasizing clients’ right to counsel and freedom of expression. Former Solicitor General Paul Clement, representing WilmerHale, asserts in court documents that the executive order undermines the separation of powers and President Trump lacks authority to penalize a firm for representing political opponents or cases against his interests.
Furthermore, two other law firms have attempted to negotiate settlements with the White House following similar executive orders. Trump announced a resolution with the Skadden Arps firm, which includes commitments to extensive pro bono activities aligned with White House priorities.
