Federal court partially blocks Trump’s order targeting prominent law firm – JURIST
A federal court partially granted Wilmer Cutler Pickering Hale and Dorr LLP’s (“WilmerHale,” “plaintiff”) request for a temporary restraining order (TRO) and injunctive relief on Friday, blocking §§ 3 and 5 of President Donald Trump’s executive order titled “Addressing Risks from WilmerHale.”
The executive order in question criticized the firm’s employment of former Special Counsel Robert Mueller and top aides to the Russian election interference investigation, Aaron Zebley and James Quarles, describing the investigation as “one of the most partisan investigations in American history.” It effectively revoked security clearances, canceled contracts with businesses using WilmerHale, and restricted the firm’s access to federal government buildings.
Sections 3 and 5 of the order, on which Judge Richard Leon granted the TRO, specifically deals with the requirements that: 1) government contractors disclose, review, and terminate all contracts with the plaintiff; and 2) WilmerHale be restricted from access to federal officials, buildings, and employment. Judge Leon said of these sections:
The retaliatory nature of the Executive Order is clear from its face…There is no doubt this retaliatory action chills speech and legal advocacy, or that it qualifies as a constitutional harm…
Moreover, implementation of Sections 3 and 5 would cause specific, irreparable, and non-remediable economic and reputational harm to plaintiff. While economic loss does not always warrant a TRO, this is not a typical situation because plaintiff faces more than economic harm—it faces crippling losses and its very survival is at stake…
Should Section 5 be enforced, plaintiff would be thoroughly hamstrung from representing clients because its attorneys could not enter federal courthouses or other buildings, or meet with federal employees regarding cases. The impact on plaintiff’s business and reputation cannot be overstated.
As to these two sections, Judge Leon held that WilmerHale has shown a sufficient likelihood of success on the merits, that it would suffer irreparable harm should the court deny the TRO request, that the balance of equities favor WilmerHale, and that the “public interest demands protecting against harms of this magnitude” imposed by the executive order. The court’s order enjoins the president from implementing or enforcing §§ 3 and 5 of the executive order.
As to § 2 of the executive order involving the revoked security clearances, the court denied the TRO and injunctive relief stating that security clearances are within the purview of the executive branch and that WilmerHale has not pointed to any persuasive authority proving otherwise.
Trump has taken action against several firms in what some would describe as retaliation for their involvement in the myriad legal cases swirling around the president over the last decade. These actions have raised severe rule of law concerns.
One of the firms, Perkins Coie succeeded in getting a federal judge to block the order targeting its firm. On the other hand, Paul, Weiss, Rifkind, Wharton, and Garrison LLP agreed to eliminate its diversity, equity, and inclusion (DEI) programs, submit to an audit of employment practices, and provide free legal services for Trump causes, prompting the president to rescind his order against the firm. Trump has also targeted the firm Jenner & Block LLP for similar reasons.
