The lawsuit, dismissed by the White House as frivolous, accuses the Trump administration of an intimidation campaign against the legal profession.
The American Bar Association (ABA) has filed a federal lawsuit against the Trump administration, alleging that the White House and dozens of federal agencies are orchestrating an unconstitutional campaign of “blizzard proportions” to intimidate lawyers and law firms.
The lawsuit, filed on June 16 in the U.S. District Court for the District of Columbia, alleges that the Trump administration has adopted a “Law Firm Intimidation Policy” that violates First Amendment protections for free speech and association, viewpoint discrimination, the right to petition the government, and the separation of powers.
“This is the time to stand up, speak out and seek relief from our courts,” ABA President William Bay said in a statement. “There has never been a more urgent time for the ABA to defend its members, our profession and the rule of law itself.”
The suit, which seeks to block enforcement of the alleged policy, names the Executive Office of the President, more than two dozen federal departments and agencies, and their top officials. The United States is also named as a defendant in a bid to ensure that any relief would apply governmentwide, including any federal agencies not specifically listed as defendants.
Since taking office, President Donald Trump has issued a number of executive actions targeting major law firms, including moves like revoking security clearances at Perkins Coie or canceling federal contracts with Susman Godfrey, arguing these are necessary to prevent abuses of the legal system and federal courts.
“President Trump believes that lawyers and law firms must be held accountable when they engage in illegal or unethical conduct, especially when their misconduct threatens our national security, homeland security, public safety, or election integrity,” states a White House fact sheet detailing the rationale behind some of Trump’s actions with respect to law firms.
One example of “egregious conduct” raised in the fact sheet is the involvement of a former Perkins Coie attorney in “creating a false ‘dossier’ to interfere with the 2016 presidential election,” describing such behavior as “too common in the legal profession.”
In 2016, while representing then-Secretary of State Hillary Clinton, Perkins Coie played a role in commissioning the Steele dossier, which made now-discredited claims that Trump had colluded with Russia to influence the outcome of the presidential election.