The President Declared War on Lawyers—And If You Don’t Fight Back, You’re Surrendering the Constitution

If judges, law schools, and bar associations don’t rise up now, the legal profession will be gutted—and the rule of law will fall with it.

Mar 28, 2025

Imagine a President of the United States using the power of his office to punish specific law firms for the crime of representing clients he dislikes. Imagine executive orders that name private law firms—by name—and bar their attorneys from government buildings, strip their security clearances, cancel their contracts, and even pressure their clients to drop them. It sounds like the stuff of authoritarian regimes, not America. Yet this is exactly what we have witnessed under Donald Trump.

In an unprecedented campaign of retribution, President Trump has issued a series of executive actions targeting major law firms that dared to stand on the side of democracy and the rule of law. This brazen abuse of executive power strikes at the heart of freedom, fairness, and democracy. It undermines the sacred role of the legal profession in our society. And the relative silence in response—from our institutions, from those who should know better—is as shocking as the actions themselves.

This is how democracy dies – not in one dramatic moment, but in a slow suffocation of the institutions that maintain the rule of law.

If the demands of helping clients and trial prep have pulled your focus, here’s a quick rundown of the firms that have already been hit by Trump’s retaliatory executive orders.

Covington & Burling: Trump targeted Covington after learning its attorneys had advised Special Counsel Jack Smith. His executive order stripped clearances and canceled contracts, punishing the firm for daring to support accountability.

Perkins Coie: Because of its past ties to the Steele dossier and the Clinton campaign, Trump blacklisted the entire firm—revoking security clearances, banning federal work, and trying to isolate it from all clients with government ties. Perkins Coie fought back in court and won a temporary injunction.

Paul Weiss: This firm was punished for its connection to the Manhattan DA’s Trump investigation—but instead of fighting, Paul Weiss capitulated, killing its diversity programs and offering $40 million in pro bono work to appease the White House. Trump rescinded the order—and proved his threats work.

WilmerHale: WilmerHale’s “crime” was once employing Robert Mueller. Trump’s order barred the firm from federal contracts and tried to poison its client relationships by treating them as national security risks. It was pure retaliation for Mueller’s investigation.

Jenner & Block: The attack on Jenner & Block was veiled as culture war politics—but make no mistake, it was retaliation. The firm’s advocacy for LGBTQ+ rights and its connection to former Mueller prosecutors made it a target for federal blacklisting and scrutiny.

I’m sure there will be more.

A Vindictive Assault on the Rule of Law

Taken together, these executive orders and actions form a pattern that is as transparent as it is alarming. This is not about national security or integrity of government service – it is about vengeance, plain and simple.

A president sworn to uphold the Constitution is instead twisting the powers of his office to retaliate against lawyers who have done nothing more than fulfill their professional duty to their clients or uphold fundamental rights. We have seen despots overseas jail or intimidate lawyers to deprive their opponents of counsel; we never imagined we’d see similar tactics from the Oval Office of the United States.

The language of these orders drips with political grievance: accusing firms of “undermining American principles,” “weaponizing the judicial process,” or being “dishonest and dangerous” – all because those firms dared to challenge or criticize the President’s actions through legal means. The scope of the punishments is breathtaking, effectively seeking to destroy these firms’ ability to operate. And the supposed justifications are thin covers for the true intent. Make no mistake: this is an erosion of due process and professional independence that strikes at the core of our democracy.

In America, everyone has a right to counsel – even causes or people a president may dislike. That principle is not just about protecting those individuals; it’s about protecting all of us. If a president can bully lawyers into not representing certain clients, then those clients effectively lose their access to justice. And if those clients happen to be individuals or organizations holding the president accountable, then the president places himself above the law.

This is how democracy dies – not in one dramatic moment, but in a slow suffocation of the institutions that maintain the rule of law. By targeting not just one, but multiple law firms, Trump is tilting the scales of justice heavily in his favor, attempting to leave his adversaries defenseless. It is an attempt to scare every lawyer in the country away from any case that might anger the King.

This is a direct attack on the freedom of advocacy that our legal system requires. It undermines fairness because the government is picking and choosing who gets to have competent counsel without fear. And it tarnishes the sacred role of the legal profession as a check on power and a defender of rights.

Silence and Complicity: Where Are The Voices of Justice

Equally disturbing to the orders themselves has been the muted response from many who should be outraged. Yes, there have been some strong, courageous voices. Legal ethics scholars and a few bar association leaders have sounded the alarm. One major law firm – Williams & Connolly – nobly stepped up to represent Perkins Coie in its lawsuit against the administration, exemplifying the solidarity and bravery the moment demands. And a federal judge’s swift injunction against the Perkins Coie order at least showed that the judiciary can recognize and halt a blatantly unconstitutional action. But beyond a handful of such responses, there is a deafening silence from far too many corners.

The American Bar Association has issued statements, yes—but where is the sustained, unequivocal condemnation from its leadership? How about each and every State Bar Association? Where are the daily declarations that this kind of presidential retaliation against law firms crosses every ethical and constitutional line? A couple of carefully worded press releases won’t cut it. We need volume. We need urgency. We need leadership that meets the moment.

Some law schools have spoken, and a few students and deans have offered statements of concern—but they’ve been scattered, subdued, and far from the collective stand this moment demands. These institutions shape the next generation of legal minds; their silence, or half-hearted engagement, sends the wrong message. Our judges—retired and sitting alike—who understand better than anyone the value of zealous representation and the adversarial process, have mostly remained in dignified silence. We’ve heard from a few, but not enough. And while some in Congress—largely from the President’s opposing party—have voiced concern, the absence of a broad, bipartisan defense of the rule of law is striking. This shouldn’t be partisan. It should be foundational.

Incredibly, rather than serve as a check, some in Trump’s party are actively abetting this campaign. Reports emerged of Senate staff circulating lists of clients of the targeted firms, tacitly encouraging Republican offices to shun those clients – effectively extending the White House blacklist to Capitol Hill. Such complicity from elected officials in bullying private attorneys is a disgrace and a dereliction of their oath to the Constitution.

And what of the Supreme Court, the supposed apolitical arbiter of justice? While it would be unusual for the Court or Chief Justice to speak out on an ongoing matter, one might have hoped for at least a hint of concern or a statement affirming the importance of independent counsel in our system, much as Chief Justice Roberts once rebuked attacks on the judiciary’s integrity. Instead, silence.

This silence sends a message – whether intended or not – that perhaps this isn’t such a big deal, that maybe it’s just a political food fight among elites. That is dangerously wrong.

When the legal profession’s independence is threatened, it is no ordinary political spat; it is an existential threat to the Constitution’s promise of equal justice under law. To see those who know this remain quiet – perhaps out of fear, or partisanship, or hope it will all blow over – is profoundly disappointing. History will not look kindly on the bystanders to this injustice.

We cannot be a profession that only whispers in the shadows when our core values are under frontal assault. Each timid response or strategic silence is, in effect, an encouragement to the President to press on, to push further. Indeed, the capitulation of one major firm (Paul Weiss) likely emboldened Trump to broaden his attacks, as we saw with the later orders. Appeasement and silence are green lights to a would-be autocrat.

Defending the Defenders: A Call to Action

To all lawyers, judges, scholars, and students of the law: the time has come to remember who we are and what we stand for. We are officers of the court. We are guardians of justice. Our loyalty, first and foremost, is to the Rule of Law – the idea that no one, not even the President, is above the law and that everyone is entitled to a defense. If we don’t stand up now, we may forever lose the ability to do so.

This is a call to summon our collective courage and speak out, act out, and fight back against these vindictive executive orders. Bar associations must do more than quietly grumble; they must loudly and clearly condemn these actions as unethical and unconstitutional, and explore filing amicus briefs or even their own lawsuits to stop this abuse. Law firms – especially the big firms not yet targeted – must put aside competitive fears and stand shoulder-to-shoulder with their embattled colleagues. Imagine the power of a unified statement by dozens of the nation’s top firms refusing to be cowed, committing to defend any firm or lawyer targeted for doing their duty. We need that solidarity now, more than ever, to show that an attack on one is an attack on all.

Law schools and professors should educate their students about why this moment is pivotal – and encourage the next generation to carry the flame of justice forward, unafraid. Judges can uphold their oaths by continuing to strike down these orders in court and protecting lawyers who come under unjust attack. And yes, our elected leaders in Congress must not abdicate their responsibility. They should investigate these orders, hold hearings to shine a light on this misconduct, and pursue legislation if needed to protect the independence of legal counsel (for instance, by forbidding retaliatory contract blacklists or clarifying rights to counsel). Even members of the President’s party, if they truly believe in the Constitution, should join in saying “This goes too far.”

We also call upon the public – especially clients and companies – to recognize what is happening. Today the target is a law firm you might have heard of but never dealt with. Tomorrow, it could be your lawyer, or your company’s legal counsel, afraid to take your case because it might anger those in power. Don’t think this is someone else’s problem. The right to representation is your right, too. We must not let it be eroded.

In the face of these abuses of power, outrage is not enough – we need action. Each of us in the legal community, whether we wield a gavel, stand at the bar, teach in a classroom, or are just starting out in law school, has a role to play. We must raise our voices – in court, in print, and in the court of public opinion – against the idea that a president can bully the legal profession into submission. We must demand accountability: these executive orders should be rescinded or struck down, and the officials who crafted and carried them out must be called to answer for their conduct. And we must reaffirm our commitment to the values that brought most of us to the law in the first place: to be champions for justice, defenders of the voiceless, and servants of the law, not of any man.

This is a pivotal moment in American legal history. Will we remember our duty? Will we show the courage of our convictions? Or will we allow fear and silence to pave the way for tyranny?

The story is still being written, but one thing is certain: if we do not stand up to this abuse of executive power, we will see the further erosion of our democracy and the dimming of the rule of law. The legal profession has been called the “last line of defense” for freedom. Well, that line is under direct attack. It’s time to hold the line. It’s time to show the world that in America, lawyers stand up for what’s right, judges uphold justice, and no one – not even the President – can bully the law into submission.

Let this be our rallying cry: Not on our watch. We will defend the defenders. We will protect the rule of law. And we will ensure that justice, not vengeance, prevails in our beloved democracy. The soul of our legal system, and our nation, depends on it.

Mitch Jackson, Esq. | links

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