
The White House is waging a pressure campaign against some of the country’s most prominent law firms. WSJ’s Erin Mulvaney on how the firm Paul, Weiss came to the decision to make a deal with President Trump. Further Reading: -Trump Signs Order Targeting Law Firm Jenner & Block -Law Firms Scramble to Avoid Being Trump’s Next Target -Why Law Firm Paul Weiss Pleaded Its Case With Trump, and Not With a Court Further Listening: -Trump 2.0: A Showdown With the Judiciary Learn more about your ad choices. Visit megaphone.fm/adchoices
Chapter 1: What is Trump's new plan against law firms?
Earlier this month on Fox News, President Donald Trump announced a new plan.
We have a lot of law firms that we're going to be going after because they were very dishonest people. They were very, very dishonest.
His plan is to go after big law firms.
The president signed a memo suspending the active security clearances of lawyers from a firm called Covington & Burling.
In the latest chapter of Donald Trump's promised retribution, he has signed an executive order against a law firm called Perkins Coie. President Trump issued another executive order purporting to punish yet another law firm, this one Paul Weiss.
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Chapter 2: Which law firms are targeted by Trump's executive orders?
President Donald Trump has signed an executive order targeting Chicago-based law firm Jenner & Block. These executive orders could have massive, detrimental consequences for some of the nation's biggest law firms. Here's our colleague Erin Mulvaney, who covers legal affairs.
It could just make you bleed clients pretty much right away, almost immediately.
And as these executive orders were coming out, what was the response from lawyers in those firms?
Chapter 3: How are law firms responding to Trump's actions?
Shock and fear, for sure, within those firms. It was a pretty dramatic move that could really destroy these businesses. So law firms have a lot of reason to be afraid for their business if they are targeted with an order.
These law firms are now having to decide how to respond. And none of the options are good. Welcome to The Journal, our show about money, business, and power. I'm Kate Leinbaugh. It's Wednesday, March 26th. Coming up on the show, Trump's attack on big law.
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Trump is taking aim at some big law firms because of things that happened years ago, going all the way back to his first term.
It's pretty fair to say it's a way to come after people that had brought legal challenges against him before or done research and opposition work for people that were his opponents in the past.
The first firm Trump went after provided some legal services around the investigation of Trump's role in the January 6th riot.
One law firm that provided pro bono legal services to the special counsel's office under Jack Smith's leadership was Covington & Burling.
Trump issued an executive order against Covington & Burling that suspended the firm's security clearances and placed its government contracts under review.
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Chapter 4: What are the potential consequences for law firms losing federal contracts?
Trump said his order was in response to quote, the weaponization of our system by law firms. Covington said it had a long history of representing clients facing government investigations that is quote, consistent with the best traditions of the legal profession. About a week later, Trump issued another executive order against another prominent firm, Perkins Coie.
The Washington law firm has, among many clients, represented Hillary Clinton and the DNC during the 2016 presidential race.
This executive order went further than the first one. It limited the firm's access to federal buildings.
So many things are federal buildings. Obviously, if you can't go to a federal court to represent your client, it would make it pretty limiting to represent that client. And probably most significantly, it directed agencies to investigate any federal contracts that the firm or its clients have and remove them.
Why is that the most significant part of the order?
So many of the big companies that they represent... have very lucrative federal contracts. And if they work with that firm, they will lose it.
So what you're saying is, if their clients want to keep their federal contracts, they'd have to go to a different law firm. That seems like it would be a big deal for Perkins Coie.
It would be very meaningful to lose their clients. These law firms do make relationships with clients over a long period of time. So that's why it was pretty existential and could potentially destroy a firm. Losing their clients, that's kind of their main currency.
Perkins Coie decided to fight back. The firm said the order was a, quote, irrational abuse of power that shocks the conscience. The firm alleged the order was illegal in at least nine different ways, including violating a client's right to legal counsel.
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Chapter 5: How did Perkins Coie fight back against Trump's order?
federal judge has ordered the Trump administration to temporarily halt some of the penalties it levied on a law firm linked to Democratic causes that are unpopular with the president.
How has Trump responded to that suit?
They've pushed back in court. I listened to the hearing. And since they have also called for the judge to be removed, the upshot of what the Justice Department lawyer was arguing is that the president should have the power to say who or what institution creates a national security risk and should have that discretion. That's the main legal argument that they have on their side.
Just days later, Trump signed a third executive order that would take his fight against big law in a different direction. This order was against a major law firm called Paul Weiss.
The law firm is one of the nation's top firms. It has 1,200 lawyers. It has some of the biggest clients that you could think of on Wall Street, Goldman, Blackstone, Apollo. So they're often in the conversation of some of the biggest players in the legal industry.
And like the other firms Trump has gone after, Paul Weiss has done some work for people and organizations that oppose Trump.
Their chair, Brad Karp, is a pretty prominent Democratic donor and in the past, especially during Trump's last administration, did assist the ACLU with fighting some of Trump's policies, particularly the policy that separated children and their parents at the border.
Did Trump say anything in particular about why he was taking aim at Paul Weiss?
In the order, it cited some pro bono work that Paul Weiss did for the attorney general in Washington, D.C., when they provided some legal help against the January 6th rioters who were accused of storming the Capitol. One, and then mentioning an affiliation with a former partner there, Mark Pomerantz.
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Chapter 6: What is the significance of Trump's actions against Paul Weiss?
After the break, what Paul Weiss did and why it was so surprising. Once Trump signed the executive order against Paul Weiss on Friday, March 14th, it set off a scramble.
Already over the weekend, all the partners at Paul Weiss were hearing from clients, talking to each other, what are we going to do? They hired a lawyer. They were preparing to sue. They were ready to take it to court to try to get an emergency order, an emergency ruling blocking the order from taking effect.
The lawyer for Brad Karp, the chair of the firm, had another suggestion, to possibly talk to the president himself, to talk to him about how to get rid of the order.
Defuse the bomb.
Defuse the bomb. As a reporter on it, I was very surprised that they didn't sue that Monday first thing, because like I said, this could be detrimental to a firm.
In the background, Brad Karp found a way to trump. He tapped a powerful acquaintance, Robert Kraft, the owner of the New England Patriots. Kraft connected Karp with the president, and a meeting was set up.
They met in the Oval Office on a Wednesday. They talked for three hours, and by the end of the meeting, a deal had been reached.
What was in the deal?
Paul Weiss agreed to several things, the first of which was to give $40 million to certain pro bono legal services that the president approves of. They include veterans, things that are against anti-Semitism, and a few other things. They agreed to some sweeping language about merit-based hiring practices, which I think in Brad Karp's view
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