A judge has struck down President Trump’s attempt to punish Jenner & Block, one of several law firms that the president said worked to obstruct his agenda and committed lawfare.
“The executive order retaliates for and seeks to silence Jenner’s protected speech,” wrote Judge John D. Bates in his decision on Friday. Judge Bates sits on the District Court for the District of Columbia.
He said targeting lawyers for their representation ran afoul of the Constitution.
Jenner & Block angered Mr. Trump because it hired Andrew Weissman, who worked for special counsel Robert Mueller during the probe into Mr. Trump’s 2016 campaign and the alleged collusion with Russia to defeat Hillary Clinton — allegations which were never proven.
Mr. Trump issued an executive order in March to withdraw security clearances for the firm’s lawyers and cease doing government business with Jenner & Block, which includes not allowing its lawyers to have access to federal buildings.
“Jenner engages in obvious partisan representations to achieve political ends, supports attacks against women and children based on a refusal to accept the biological reality of sex, and backs the obstruction of efforts to prevent illegal aliens from committing horrific crimes and trafficking deadly drugs within our borders,” the president’s order read.
Jenner & Block sued, arguing the order violated the First Amendment and due process rights.
Judge Bates agreed in his Friday decision, granting summary judgment to Jenner & Block and permanently enjoining the president’s order from taking effect.
“Going after law firms in this way is doubly violative of the Constitution. Most obviously, retaliating against firms for the views embodied in their legal work — and thereby seeking to muzzle them going forward — violates the First Amendment’s central command that government may not ’use the power of the State to punish or suppress disfavored expression,’” the Bush appointee wrote.
Jenner & Block is one of at least three firms that have challenged orders looking to target their work.
A few law firms that had been targeted or feared targeting offered legal services to the president as a way to escape the restrictions.
Paul, Weiss; Milibank; Willkie Farr & Gallagher; and Skadden, Arps, Slate, Meagher & Flom have reportedly negotiated settlements. Many have offered to do tens of millions of dollars of pro bono legal work for the Trump administration.
