Law firm targeted by Trump seeks permanent end to executive order

One of the firms fighting an executive order by Donald Trump has filed an application to have the action overturned in perpetuity.

Jenner & Block confirmed yesterday it had applied for summary judgment and for the US court to declare the order unlawful.

The firm, which employs more than 500 lawyers, has already secured a temporary block to Trump’s attempt to limit Jenner employees’ access to federal buildings and terminate government contracts. The order accused Jenner of pursuing ‘obvious partisan representations to achieve political ends,’ including through pro bono representation of immigration clients and advocacy groups involved in gender-based litigation. It also invoked Jenner’s connection to lawyer Andrew Weissmann (which ended four years ago), who was involved in an investigation into Trump’s alleged obstruction of justice.

In the court papers shared by Jenner, the firm said Trump’s order had caused ‘concrete, significant and irreparable harm’ and disparaged its reputation. Many of Jenner’s biggest clients hold significant government contracts and are fearful of government retribution if they continue.

The papers add: ‘Jenner lawyers cannot effectively represent their clients without reliable access to federal buildings or the ability to engage with federal employees.’

Jenner said the order was ‘patently unconstitutional’ and made all the worse for the lack of due process involved.

‘Graver still, the order targets lawyers – thus implicating the constitutional right to counsel and the separation of powers between the executive and the judiciary.’

The firm said Trump’s ‘retaliatory intent’ was apparent from the other statements and executive orders relating to four other firms based on the clients they have represented, the positions they have advocated and the individuals with whom they have been associated.

Two other firms, Perkins Coie and WilmerHale, have taken out temporary injunctions preventing their respective orders from being implemented.

Jenner said the president’s efforts to issue orders have already had an effect as certain law firms have aligned themselves with the administration’s priorities and viewpoints ‘on bended knee’.

It added: ‘These orders send a clear message to the legal profession: Cease certain representations adverse to the government and renounce the administration’s critics – or suffer the consequences.’

Jenner has now filed its motion for summary judgment in the US District Court for the district of Columbia. The firm will file a further reply to the government’s filing on 17 April, after which it expects a final decision by Judge Bates.

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