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Punishing the Press, Critics and Institutions
Punishing Lawyers

Trump Punished Lawyers for Their Clients. Four Judges Struck His Orders Down

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Chapter 1 — Punish the Lawyers, Reach Their Clients

Chapter 2 — A Clearance Cut Off a Lawyer and His Clients

Chapter 3 — Presidential Discretion Does Not Excuse Retaliation

1 · Punish the Lawyers, Reach Their Clients

1 · Punish the Lawyers, Reach Their Clients — select a subtopic

1.1 — The President Made Legal Representation a Government Target

1.2 — Four Judges Rejected the Orders

1.3 — Blocking the Orders Did Not Undo the Damage

1 · Punish the Lawyers, Reach Their Clients
1.2 · Punish the Lawyers, Reach Their Clients
Four Judges Rejected the Orders

Judges Howell, Bates, Leon and AliKhan struck down the orders against Perkins Coie, Jenner & Block, WilmerHale and Susman Godfrey. All four found unconstitutional retaliation and permanently blocked the sanctions. The rulings protected legal advocacy from presidential punishment.

Memorandum Opinion, Jenner & Block LLP v. U.S. Department of Justice

It casts a chill over the whole of the legal profession, leaving lawyers around the country weighing the necessity of vigorous representation against the peril of crossing the federal government.

Judge John D. Bates, U.S. District Court for the District of Columbia · May 23, 2025

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1.3 · Punish the Lawyers, Reach Their Clients
Blocking the Orders Did Not Undo the Damage

Perkins Coie's client of 35 years moved two pending matters to other counsel, while WilmerHale kept losing clients after a temporary injunction. Paul, Weiss pledged $40 million in free legal work and agreed to political neutrality in client selection and attorney hiring; Trump revoked its order. Eight other firms negotiated deals to avoid similar orders, pledging hundreds of millions in legal work on initiatives Trump supported.

Memorandum Opinion, Perkins Coie LLP v. U.S. Department of Justice, p. 61

And I agree, they’ve done nothing wrong. But what the hell, they’ve given me a lot of money considering they’ve done nothing wrong.

President Donald J. Trump, as reproduced in Judge Howell's opinion · April 8, 2025

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2 · A Clearance Cut Off a Lawyer and His Clients

2 · A Clearance Cut Off a Lawyer and His Clients — select a subtopic

2.1 — Mark Zaid Lost Access to Classified Cases

2.2 — Covington's Lawyers Were Singled Out for Their Client

2 · A Clearance Cut Off a Lawyer and His Clients
2.1 · A Clearance Cut Off a Lawyer and His Clients
Mark Zaid Lost Access to Classified Cases

Trump's memorandum directed agencies to revoke Mark Zaid's clearance. Judge Amir Ali found, on a preliminary record, that Zaid's clients were the sole reason for the revocation. The loss of classified access prevented him from fully representing clients challenging the government.

Memorandum Opinion and Order, Zaid v. Executive Office of the President

Based on the preliminary injunction record, the court finds that Zaid’s representation of whistleblowers and other clients adverse to the government was the sole reason for summarily revoking his security clearance.

Judge Amir H. Ali, U.S. District Court for the District of Columbia · December 23, 2025

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2.2 · A Clearance Cut Off a Lawyer and His Clients
Covington's Lawyers Were Singled Out for Their Client

Trump also directed a clearance suspension for Peter Koski and other Covington & Burling lawyers who had assisted Jack Smith. Smith had investigated allegations that Trump interfered with the transfer of power after the 2020 election and retained classified information after leaving office. Trump's memorandum singled out Covington lawyers for assisting him. It also directed a review of government contracts with the firm.

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3 · Presidential Discretion Does Not Excuse Retaliation

3 · Presidential Discretion Does Not Excuse Retaliation — select a subtopic

3.1 — The Defense, and the Limits the Courts Enforced

3.2 — Why This Is a Case Against Trump

3 · Presidential Discretion Does Not Excuse Retaliation
3.1 · Presidential Discretion Does Not Excuse Retaliation
The Defense, and the Limits the Courts Enforced

The government argues that the President controls security clearances, federal contracting and agency investigations. The Supreme Court gives the Executive broad discretion over clearance decisions. The district judges distinguished security judgments from blanket punishment for protected advocacy. The judges rejected the government's security and discrimination justifications for the retaliation.

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3.2 · Presidential Discretion Does Not Excuse Retaliation
Why This Is a Case Against Trump

Trump personally issued the orders and clearance directives. Four judges blocked the firm sanctions, but their rulings could not erase lost client work. Hamilton described impeachable misconduct as abuse or violation of public trust. Using the presidency to punish legal representation is an abuse of public trust.

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