calbear93 said:
socaltownie said:
"The Very ability of law firms to practice law" and "The president saying he will blacklist you from access to the courts for posting something"
I guess that is what I don't get. I understand (and I guess am actually OK with) the executive saying "We hate X and won't be using them in the future." I mean it is a business relationship. He is just saying the quiet part out loud.
But what I guess I don't understand is the actions he is threatening which would actually hinder the abilitty of firms to practice law. I mean wouldn't baring someone from the courthouse without cause be immediately litigated and overturned?
Fair question.
One, most law firms represent corporate clients who also do business with the federal government, from health care, software, hardware, and energy. Executive order prohibiting the federal government from working with any vendor who brings lawyers from targeted law firms means a law firm will lose their clients.
Second, taking away security clearance to enter federal buildings means lawyers could not interact with federal agencies in live meetings. It could also prevent them from being admitted to certain courthouses.
In effect, disadvantage these law firms to the point that they cannot function.
Law firms that did not previously cater to the Republican Party can be targeted with these orders. As such, to survive, law firms like Paul Weiss and Skadden capitulated to Trump with settlement that not only committed to free legal services to Trump's causes but also implicitly not to take on causes he doesn't approve at the treat of executive order imposing the restrictions noted above.
In other words, take the most talented lawyers off the table for liberal causes or challenges to Trump's authority.
Hope that answers your question.
I've been taking a sabbatical from this board and my life has been better for it. But late on a Friday, I'm sucked back in.
In my heart, I 100% agree with your original post. It is toxic to attack and threaten attorneys based on who they represent. It is antithetical to the ethos of the legal profession and our justice system, where every client should be entitled to the best representation they can pay for and where lawyers should be lauded for representing unpopular clients.
However, my head is telling me this did not start with Trump. I know that Dem politicians and political actions groups have been attacking conservative lawyers and their law firms for years. Paul Clement - probably the pre-eminent supreme court lawyer of the current generation - was run out of two national law firm (Kirkland and King & Spaulding) solely because he was defending gun cases/DOMA. It was because those firms received pressure from groups that don't uphold the values you and I share.
https://davidlat.substack.com/p/paul-clement-leaves-kirkland-andNone of the big firms would defend Trump in his first impeachment or any of his personal legal matters. They would defend accused terrorists in Guantanamo, but not Trump. The overwhelming amount of their pro bono work is on the liberal/progressive side. J6 defendants received no pro bono help even though many were overcharged (as confirmed by the supreme court).
John Eastman was fired from his job in academia and is being disbarred because he gave controversial (and in my view wrong) legal advice. Many attorneys from the first Trump administration were threatened with bar discipline and/or black balled from future jobs - simply because they worked for Trump. Meanwhile, some of the slimiest democrat operatives Holder, Weissman and others, land cushy jobs at places like Jenner Block and Covington.
So when you claim that now is the time to stand up and shout to the rafters, my feeling is that time was long ago. Yet very few people had a word to say about it. Certainly no one on the left.
This presents the quagmire/question that ultimately led to Trump's election victories. Do republican take the high road (and lose) or do they fight back and win (Trump's tactics)? What is the correct response when Dems do something bad to great benefit and effect? Should republicans be principled losers?
Pre-Trump, I was very much of the two wrongs don't make a right thinking. But I've come around to realizing that if Dems are able to act badly with impunity, they will never change their behavior. There has to be a cost. That is why Trump is doing this - he wants to impose a cost on the law firms that he views (correctly in my view) as partisan and hypocritical.
This a long way of saying that I wish neither side would engage in these tactics. I recognize Trump has escalated in a way that is bad on many levels. But I'm at a loss to offer a better solution. Maybe you can offer one? And I certainly don't feel bad for the large law firms that have behaved badly on so many levels. Either they make space for political actors on both sides or, more likely, they stay out of politics.