General Discussion
In reply to the discussion: American Bar Association took a stand [View all]ancianita
(43,030 posts)A relevant NYT op-ed by Thomas B. Edsall
https://www.nytimes.com/2025/03/04/opinion/trump-imperial-presidency.html
In an essay posted on Substack, Stephen I. Vladeck, a law professor at Georgetown, described a sequence running from Feb. 21 to Feb. 27 of what are, in effect, warnings designed to intimidate and even silence the nations legal community...
...What the Trump administration is doing is not just about specific lawyers representing unpopular clients, but is rather far more ominous: The administration is acting in ways that will necessarily chill a growing number of lawyers from participating in any litigation against the federal government, regardless of who the client is.
That, in turn, will make it harder for many clients adverse to the Trump administration to find lawyers to represent them such that at least some cases either wont be brought at all or wont be brought by the lawyers best situated to bring them.
In addition to revoking the security clearances, Trump wrote in a Feb. 25 memorandum, I also direct the attorney general and heads of agencies to take such actions as are necessary to terminate any engagement of Covington & Burling L.L.P. by any agency to the maximum extent permitted by law and consistent with the memorandum that shall be issued by the director of the Office of Management and Budget.
The effects of the Trump administrations initiatives soon become apparent. ...
Some firm leaders, ... have rejected outright or put up roadblocks to partners seeking approval to represent D.O.J. lawyers, F.B.I. agents and other civil servants whove faced various forms of attack.
Penn and Monnay reported that their sources told them:
Individual attorneys want to enter what they see as a nonpartisan battle to preserve democracy by filing merit systems complaints for terminated federal employees, representing Jan. 6 prosecutors under investigation from D.O.J. and Congress or participating in litigation to halt Trump policies. Firms senior decision makers, however, agonize about the sustainability of representing current and former government employees opposite the administration.
Its not just the left and the center that find the administrations policies disturbing. Walter Olson, a senior fellow at the libertarian Cato Institute, warned in a Feb. 26 essay, Trump Punishes Large Law Firm for Representing His Adversary, that the presidents actions threaten the loss of an independent and qualified bar willing to stand up to authority.
The implications of the revocation of security clearances, Olson continued, go far beyond the practice of national security law. Anyone can find themselves in a fight with Trump or his allies on almost any topic under the sun, and the question is whether the counsel representing you in that dispute has to fear being made the next Covington.