Trump administration appeals Jenner & Block win over executive order
The notice of appeal is the Trump administration's second such challenge to Big Law firms' legal victories against the orders that sought to undercut their business as retribution for ties to the president's political adversaries. The administration appealed Perkins Coie's win in the courts last month, meaning either could become an appeals court's first chance to weigh the directives.
Jenner & Block was one of six law firms targeted by Trump. The firm previously employed Andrew Weissmann, a prominent Trump critic and legal pundit who worked on former special counsel Robert Mueller's probe of Russian interference in the 2016 presidential election.
The orders cut off employees' security clearances and access to federal government facilities, while also directing the executive branch to review any contracts the government has with the firm, all in the name of 'addressing risks' to the country.
U.S. District Judge John Bates, an appointee of former President George W. Bush, slammed Trump's order against Jenner & Block as an effort to 'chill legal representation the administration doesn't like' in his ruling finding the directive unlawful.
He said such efforts insulate the executive branch from checks by the judiciary, which he called 'fundamental' to the separation of powers.
The Trump administration has argued that it's within the president's discretion to decide with whom to trust the nation's secrets and that the order was designed to assuage his concerns about the firms.
Four firms have filed legal action challenging Trump's orders: Jenner & Block, Perkins Coie, WilmerHale and Susman Godfrey. Judges ruled in the firms' favor in each of their legal challenges.
Other firms, targeted or not, struck deals with Trump to be spared from executive action or accepted the penalty silently.
Trump rescinded his order against the law firm Paul, Weiss after it agreed to dedicate equal to $40 million in pro bono legal services to support administration initiatives; eliminate diversity, equity and inclusion policies; and not deny representation to clients based on their political views.
At least nine law firms followed suit, resulting in nearly $1 billion in promised free legal work on causes aligned with the administration in exchange for no orders. Democratic members of the House Oversight and Government Reform Committee are investigating the deals.
In a statement following the notice of appeal, Jenner & Block said Bates did not err.
'The district court correctly declared that Jenner's clients have a right to independent counsel and that the firm's right to represent clients vigorously and without compromise is sacred,' the statement posted to Jenner & Block's website reads. 'We look forward to confirming this on appeal.'
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Miner, a Jewish pro-Palestine protester, faced disciplinary action himself for participation in the occupation of Hamilton Hall in 2024; he was expelled by Columbia in March, on the same day that the Trump administration sent its letter of demands to the university. To return to the university after their suspension terms are complete, students are required to comply with several conditions — including submitting a letter of 'reflection' and contrition. 'You're essentially making these people apologize for supporting Palestinians. ' Miner said, 'You're essentially making these people apologize for supporting Palestinians. Somebody protests for Palestine and your condition for letting them back on campus is that they disavow the very thing that they protested against.' One graduate student who participated in the Butler Library protest and was suspended does not intend to write the apology letter. 'I don't regret what I did. I personally will not be apologizing for it,' they said. 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'It is merely the start of the next phase of the administration's campaign to use Columbia as an example for other universities,' said Franke, the retired Columbia law professor. 'They won't let up, and the 'agreement' gives them all the power to keep weaponizing the specter of antisemitism to dismantle a world-class university.'
