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Playing Trump’s Game Won’t Help Law Firms or Justice | Opinion

The presidential protection racket continues and intensifies. This time it’s an assault on the lawyers. Lawyers aren’t just smart to fight back, they have an obligation to fight back.

President Donald Trump has targeted law firms who have represented people who oppose him. He has sought to cut off their security clearances, investigate their hiring practices, block their access to federal employment, federal buildings, and government attorneys. He has likewise targeted the firms’ clients by seeking to cancel their federal contracts. It’s an unprecedented assault on the administration of justice.

And what has Trump demanded from the firms? Civics lessons? Nope. Surprise—it’s money! So far, law firms have pledged $140 million to fund legal work aimed at “causes” Trump favors.

But here’s why it’s foolish for the law firms to give in. Remember what happens to shop owners with mob protection rackets? The goons come around demanding money to not ruin their places of business. The owners say: “We can’t let our business fail. We’ll pay.” So, they pay, but in six months the goons are back. The deal has changed. They want more. In the end they break the shop owner’s business, his face, or both.

Yet so far two major law firms, Skadden, Arps, Slate, Meagher & Flom, LLP and Paul Weiss have given in to short term greed and paid off the don who lives in the White House and uses our government to extort money solely to enrich and aggrandize himself. Forget any fig leaf about the firms’ freedom to choose how they represent Trump’s “causes.” The firms will be hearing from the White House again. Shame on Skadden, Arps. Shame on Paul Weiss.

Praise to Jenner & Block, Wilmer & Hale, and Perkins Coie for better understanding the best interests of their organizations, employees, and clients. All three firms sued. All three won temporary court orders barring the administration from imposing most of the restrictions. If you’re wondering if the orders were more work by a “radical left lunatic judge,” both judges in the latest cases were appointed by that radical left lunatic, President George W. Bush. As for Judge James E. Boasberg, Trump’s original radical left lunatic, he was first made a judge by George W. Bush, elevated by President Barack Obama, and was a housemate of Supreme Court Justice Brett Kavanagh. Some lunatic lefties.

And some Constitution we would have, if a president of the United States could bar people from federal buildings and target their businesses whenever they or their clients oppose something the president wants—something like absolute and arbitrary power for instance.

Trump has declared these law firms guilty of wrongdoing and has punished them without the due process of law guaranteed by the Constitution’s Fifth Amendment. Who’s next for this treatment? No hearing. No evidence. No appeal. Just a declaration of guilt and punishment. Can Trump stifle equal protection under law, free speech, freedom of association, and the right to counsel? You had better hope he—and presidents after him—can’t.

And, now back to the law firms. Those giving in to Trump not only made a mistake, but they likely violated their ethics by giving in to Trump’s extortion. Lawyers aren’t just businessmen. They are officers of the courts in which they practice. They have a duty to the integrity of the courts.

Lawsuits brought to appease Trump or punish his enemies are brought for an improper purpose. Rule 11 of the Federal Rules of Civil Procedure forbids lawyers from participating in such claims. Firms carrying out an immoral contract in court may face other discipline. For example, the American Bar Association’s Model Rules of Professional Conduct forbid lawyers from engaging in representation in support of a fraud, and forbid participation in dishonesty and conduct “prejudicial to the administration of justice.” What could be more prejudicial than participating in a scheme to extort lawyers into taking cases in support of a revenge scheme by the most powerful man in America?

When lawyers from the firms coerced into conspiring with Trump come to court, they should watch out. They could face disqualification, sanction, or even disbarment for putting their private greed above their public duty. Appeasing those who would dement justice is not the answer. Lawyers should stand up to the bullying.