LANSING – Michigan Attorney General Dana Nessel, as part of a coalition of 21 attorneys general, issued an open letter (PDF) to the legal community warning of attempts by the Trump administration to deter lawyers from challenging the administration’s actions or representing clients disfavored by the administration. The attorneys general call on the legal community to resist attempts at bullying or retribution and uphold the values of their profession.
“Our founding fathers designed a government with coequal branches to ensure checks and balances,” Nessel said. “Yet, Donald Trump’s latest attempt to exert unchecked authority, undermining the rule of law and intimidating lawyers who challenge his administration’s illegal actions, fundamentally betrays the principles on which our nation was built. The legal community must continue to stand against these unlawful and unconstitutional executive orders as well as any efforts to target the judiciary. Only by doing so can we continue to serve as the essential check on this executive overreach and uphold the Constitution.”
Attorney General Nessel and the coalition argue that the administration’s unconstitutional actions are a gross abuse of authority and an attack on the practice of law. The attorneys general note in their letter that President Trump has issued executive orders against five law firms, seeking retribution over ideological differences and punishing firms for the actions of individual attorneys representing clients adverse to the president or his supporters. The president also issued a memorandum last week threatening all law firms and lawyers that engage in litigation against the federal government.
Trump’s actions cancel all government contracts with the targeted firms, strip all of the firms’ attorneys of their security clearances and threaten the same against any firm that dares to step out of line. The orders bar lawyers from the firms from public buildings and violate client privacy, including mandating that clients disclose their contracts with the targeted firms. President Trump also singled out individual attorneys for condemnation because the attorneys represented clients who challenged his administration’s actions.
In addition, one of the orders calls on the U.S. attorney general, in consultation with state attorneys general, to “investigate” law firms that have programs or policies focused on diversity, equity and inclusion.
The chilling effect of these actions was quickly demonstrated as one targeted firm has already given into the administration’s demands by agreeing to, among other things, abandon diversity, equity and inclusion practices, and provide $40 million in pro bono work on causes supported by President Trump.
In their letter, the attorneys general note that lawyers have an obligation to uphold the rule of law and should not give in to intimidation by dropping clients or refusing to take on certain cases due to fear of retribution. They encourage firms to stand strong and support their colleagues. The coalition also makes clear that they will not allow their offices to be used for political attacks against law firms that hold viewpoints unfavored by the administration.
Finally, Attorney General Nessel and the coalition condemn the administration’s baseless attacks on federal judges who have ruled against President Trump and his allies. The coalition urges the entire legal community to speak out against such attacks, including calls for the impeachment and disbarment of judges who rule against the administration’s actions.
Joining Attorney General Nessel in sending the letter are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.
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