Top law firms feel the squeeze as Trump cracks down on lawfare

In the wake of President Donald Trump signing executive orders revoking the security clearances of employees at top law firms, those in the world of Big Law have been fearful to sign onto statements to criticize the Trump administration, people familiar with the matter told the Wall Street Journal.

Smaller firms and advocacy groups said that it has proved difficult to get larger firms to join in opposing Trump on cases, and partners at some of the leading firms have expressed in private conversations outrage over Trump’s actions.

Jin Hee Lee, director of strategic initiatives at the NAACP Legal Defense Fund, told the outlet, "Obviously, there is a different energy this time around. Law firms are not as vocal and as zealous." The NAACP is involved in multiple lawsuits against the Trump administration’s efforts to end birthright citizenship for the children of illegal immigrants born in the US as well as anti-DEI policies.

In late February, Trump signed a memorandum suspending the clearances for employees of Covington & Burling LLP, the law firm that assisted Special Counsel Jack Smith. Smith brought two federal cases against Trump. A Fact Sheet from the White House stated, "Security clearances held by Peter Koski and potential other members of Covington & Burling LLP who assisted former Special Counsel Jack Smith will be suspended, pending a review of their roles and responsibility in the weaponization of the judicial process."

The following week, Trump signed an order revoking security clearances from Perkins Coie employees. The order stated, "In addition to undermining democratic elections, the integrity of our courts, and honest law enforcement, Perkins Coie racially discriminates against its own attorneys and staff, and against applicants."

The Journal reported that the Perkins Coie order "further unsettled an already anxious industry." The law firm called Trump’s move "patently unlawful" and said, "we intend to challenge it."

Some in the legal industry have said that the caution is also out of concern for losing big-time clients in the corporate world. Some companies that were against Trump in his first term have cozied up to him in his second. Some lawyers added that there were also concerns about taking public steps that could undermine their ability to effectively provide legal representation.

Stuart Singer, a managing partner at Boies Schiller, said, "No one sues the government lightly. You want to make sure you are doing it for fundamentally important reasons for your business."

People familiar with the matter said that when former federal prosecutors circulated a letter opposing Trump’s pick for US attorney in Washington DC, Ed Martin, current employees of large firms declined to place their names on it over concerns of harsher treatment in ongoing or future investigations.