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Experts say Trump's targeting of law firms is unprecedented

MARY LOUISE KELLY, HOST:

President Trump talked repeatedly on the campaign trail about seeking vengeance against his political enemies. Since his return to office, he has followed through on that threat. That includes punishing law firms that have represented people or causes unpopular with the president. NPR justice correspondent Ryan Lucas reports.

RYAN LUCAS, BYLINE: In recent weeks, President Trump has used the power of the presidency to take aim at three prominent big law firms. First, Trump took executive action to suspend security clearances for certain attorneys at the firm of Covington & Burling. Days later, he took a much bigger swing at another firm, Perkins Coie, suspending all security clearances held by its employees, prohibiting government contractors from retaining the firm and barring its attorneys access to government officials and buildings. A few days later, he followed up with yet another executive order, this time against the New York-based law firm of Paul Weiss.

TIMOTHY ZICK: I'm not familiar with anything like this coming out of any White House historically.

LUCAS: Timothy Zick is a professor at William & Mary Law School.

ZICK: This is an effort to target and retaliate against law firms that were doing lawful work, advocacy on behalf of their clients.

LUCAS: The reason for Trump's animus differs with each firm. Covington & Burling attorneys represent former Justice Department special counsel Jack Smith, who led the federal investigations of Trump. Perkins Coie represented Hillary Clinton's 2016 campaign, and former attorneys there had a hand in the creation of the infamous Trump-Russia dossier. And with the third law firm, Paul Weiss, one of its former attorneys had worked cases against Trump. Speaking with Fox News earlier this month, the president suggested there would be more to come.

(SOUNDBITE OF ARCHIVED RECORDING)

PRESIDENT DONALD TRUMP: We have a lot of law firms that we're going to be going after because they were very dishonest people. They were very, very dishonest. I could go point after point after point.

LUCAS: Presidents generally have broad authority on national security matters and in granting and revoking security clearances. But two of the law firm orders also implicate free speech, due process and choice of counsel. Whatever Trump's stated reason may be in each instance, University of Pennsylvania law professor Claire Finkelstein says the president's goal in going after law firms appears clear.

CLAIRE FINKELSTEIN: I think if you look at the purpose of the executive orders, it's to intimidate professionals, to intimidate the legal profession from engaging in professional activities that go against Donald Trump and the current administration.

LUCAS: Finkelstein says targeting law firms is part and parcel of a broader assault on the legal community, including the courts. Some federal judges who have ruled against the Trump administration have faced online threats and calls for impeachment. On Tuesday, Trump himself lashed out on social media at a judge handling an immigration-related case and said, in all caps, the judge should be impeached. Again, Finkelstein.

FINKELSTEIN: Now they're going after the lawyers and saying, you know, you should be intimidated from even bringing suits that oppose the government in the first place. It's a clear shot across the bow with regard to any law firms that represent clients who want to challenge government action.

LUCAS: In the case of Perkins Coie, the firm is pushing back. It filed a lawsuit last week challenging the president's order. A day later, a federal judge agreed to temporarily block enforcement of the order, saying it likely violates the First, Fifth and Sixth amendments. Despite that ruling, Trump followed up just days later with his new executive order targeting a third big law firm. One of the main questions now is what, if anything, will the legal community do to defend what experts say are bedrock principles of the American legal system? Zick says it's important that law firms present a united front.

ZICK: There should be significant pushback against this sort of executive action because, you know, your firm could be next. Or individual lawyers could be subjected to this sort of targeting and retaliation.

LUCAS: Two sources tell NPR there's an effort underway among top lawyers at several big law firms to file a brief in the Perkins case supporting the firm and defending the rule of law. But some law firms are hesitant to sign on, worried about potentially being Trump's next target.

Ryan Lucas, NPR News, Washington. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Ryan Lucas
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