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The Guardian
10-04-2025
- Politics
- The Guardian
Fear spreads as Trump targets lawyers and non-profits in ‘authoritarian' takedown
As Donald Trump dismantles federal agencies, his administration is also creating a chill among non-governmental groups, cowing non-profits, intimidating universities and extracting commitments from law firms to support his aims. Officials have launched investigations into progressive and climate organizations, colleges and recipients of government grants. Experts worry that if nongovernmental groups are frightened into silence, US democracy may not weather the strain. 'Trump has a strikingly authoritarian instinct,' said Steven Levitsky, a Harvard political science professor who co-authored the book How Democracies Die. 'This is what authoritarians do, they go after civil society,' he added, referring to organizations that exist outside the government and often seek to hold it to account. Some institutions are caving to the president's demands, or staying quiet about their work in the hope of evading his attention. But others facing attacks have solidified their resolve, doubling down on their missions and even directly taking on the administration. 'We will continue to vindicate the rights of our clients, and we do so without fear, because we know that we're right,' said attorney Eric Lee, who represents a student facing deportation. The administration has cracked down in particular on lawyers, especially those who have investigated Trump or represented those who oppose him. Trump has targeted individual law firms and collectively attacked immigration attorneys, who he alleges engage in 'unscrupulous behavior'. Some Biden-era officials told the Washington Post they have been unable to find representation because of the menacing effect Trump has had on the field. Some law firms have caved to the president's demands, obeying his orders as a way to stay in business. Paul Weiss agreed to $40m in free legal services to the Trump administration. Willkie Farr & Gallagher committed to spending $100m in pro bono work to causes the firm and Trump support, and Milbank struck a similar deal for $100m in pro bono services. The onslaught prompted Democratic attorneys general to write a letter to the legal community, saying Trump's goal was to 'deter lawyers from representing politically disfavored clients'. The American Bar Association (ABA) has rejected the president's attempts to undermine lawyers and the courts, saying in a statement that these actions show a 'clear and disconcerting pattern'. 'If a court issues a decision this administration does not agree with, the judge is targeted,' the statement said. 'If a lawyer represents parties in a dispute with the administration, or if a lawyer represents parties the administration does not like, lawyers are targeted.' After issuing the missive, the association said it was 'targeted' by a Trump official who told lawyers not to attend its meetings. Eric Lee, a lawyer for Momodou Taal, the British Gambian Cornell University student who faces deportation for participating in a pro-Palestinian demonstration, said it is 'shameful, pathetic, feckless, cowardly' for major law firms and universities to acquiesce to Trump's demands. It is also 'historically uninformed' to believe giving in to these demands will get an authoritarian to moderate his positions, he said, encouraging lawyers to stand up for their profession. 'We certainly are concerned about what is taking place,' Lee said. 'But what can we do? If we stop fighting, then all is lost.' Chris Godshall-Bennett, the legal director for the American-Arab Anti-Discrimination Committee, said that while the chilling effect is real, he doesn't want people to believe they can't get help. A lot of the attacks are 'bluster', he said, and there are lawyers willing to take a stand. 'We have nothing to be afraid of, compared to the folks that we're trying to help,' he said. The Trump administration is taking aim at non-profit advocacy groups, particularly if it sees their goals as antithetical to his aims. An array of non-profit employees told the Guardian that they are not willing to speak publicly about their work for fear of ending up on the administration's radar. Some of the work in question was once seen as bipartisan or noncontroversial but is being treated as radical by the Trump administration, such as alleviating poverty, lowering utility bills or providing people with food. 'I'm worried that the Trump administration is really intent on punishing who they perceive as their political opponents, even when those people, like, us are not at all political,' said one representative from a climate-focused organization, who spoke on the condition of anonymity for fear of garnering attention from federal officials. Some advocates feel threatened for adhering to principles that were prioritized by the Biden administration. 'Under Biden, we were asked to articulate the ways in which we would be using grant funds to live out environmental justice principles,' a representative from one grassroots non-profit in the north-east said. 'Those are the values that are currently under attack.' In certain cases, groups who previously received federal money for their work are not only losing their funding, but also being targeted and demonized by administration officials. The Environmental Protection Agency (EPA), for instance, recently decided to terminate green grants worth $20bn, clawing back the money from Citibank, which was tasked with disbursing the funds. The justice department and FBI have launched a criminal investigation into three grantees, alleging possible legal violations including 'conspiracy to defraud the United States'. Agencies have so far failed to legally support their claims of malfeasance, but have wrought havoc on the groups, with two non-profits exiting one of the coalitions being investigated. Sign up to This Week in Trumpland A deep dive into the policies, controversies and oddities surrounding the Trump administration after newsletter promotion The three grantees – Climate United Fund, the Coalition for Green Capital and Power Forward Communities – are suing EPA and Citibank in an effort to restore the funding. The Trump administration's 'unprecedented and unfounded actions' have put grantees 'in impossible positions', said a representative from Power Forward Communities. Organizations that received grants from Fema's shelter and services program, are also being investigated, raising fear of additional crackdowns. 'They're not arresting people yet who work at non-profits, but everybody's concerned that that is something that they might eventually do,' one person who works at an immigration non-profit told the Guardian. Many groups also worry that the Trump administration could seek to revoke their non-profit 501c3 status. In November, the House passed the 'non-profit killer bill', which would hand the executive branch broad powers to do so in the name of fighting 'terrorism'. Many are concerned it will also pass the Senate if put up for a vote. But even in the absence of such legislation, advocates fear the administration will strip non-profits' legal status on technical grounds. 'We're being especially careful to dot our Is and cross our Ts when it comes to meeting [501c3 legal] requirements,' said the north-east environmental justice advocate. The group is ensuring strict adherence to legal lobbying caps, and are being more cautious when using language criticizing the Trump administration – or even using politicized terms such as 'environmental racism' – in written communications, the person said. If the attacks on 501c3 status come to fruition, non-profits may struggle to find legal representation and, given the attacks on the legal profession, be left to defend themselves in court. 'There are so many organizations and charities that have benefited from the help of law firms, often pro bono assistance from firms that want to do good in their community, and the way they have to do that is through assisting with their legal services,' one non-profit executive told the Guardian. 'The fact that firms now may no longer be able to do that leaves many organizations wondering if we are unprotected.' Trump's attacks have also forced groups to be more cautious when considering filing or joining lawsuits that would make them more visible to federal officials, a worker at another immigration non-profit said, noting that non-profits' ability to keep their tax legal status may depend on their shying away from their missions. Universities, which are often hotbeds of progressive politics and dissent, are also facing repression. In early March, the administration announced the cancelation of $400m in grants and loans to Columbia University, alleging the school has failed to protect students from antisemitic harassment. In response, school officials yielded to a series of changes demanded by federal officials, sparking outrage from advocates. Weeks later, officials went after Harvard University, announcing a plan to review some $9bn in contracts and multiyear grants over accusations that the university also did not protect Jewish students and promoted 'divisive ideologies over free inquiry'. The following day, Princeton University said dozens of its federal research grants were suspended over allegations of the promotion of antisemitism. The administration also paused $175m in federal funding to the University of Pennsylvania over its inclusion of transgender athletes in women's college sports. 'I've studied authoritarianism and authoritarian regimes for more than 30 years [and] authoritarian regimes tend to go after universities because they are usually very influential centers of dissent,' said Harvard's Levitsky, who was among the 700 who signed a letter calling for the university to resist pressure to capitulate to Trump's demands. The Trump administration also announced a task force on alleged antisemitism at 10 major universities, placed 60 colleges and universities under investigation for allegations of antisemitic harassment and discrimination, and arrested current and former college students for participating in pro-Palestinian demonstrations. Jerry Nadler, a member of Congress from New York, said Trump is taking advantage of 'the real pain American Jews face' in order to 'wield control over the truth-seeking academic institutions that stand as a bulwark against authoritarianism'. Jason Stanley, a Yale professor who studies fascism, announced in March that he would be leaving the university to work at the University of Toronto, in part because of the US political climate. Columbia University's decision to give in to Trump's demands played a pivotal role in his decision to accept an offer from Toronto, he told the Guardian. Other academics are more hopeful. Michael Crow, the president of Arizona State University, said he is not giving into pressure because 'if we get intimidated then imagine what happens in the society as a whole'. Instead, the university is attempting to defend itself, showing its record of success on the four dozen projects from which officials have pulled federal funding. 'There is of course concern everywhere,' Crow said, 'but now is the time to make your case stronger than ever'.
New York Times
09-04-2025
- Business
- New York Times
How Trump Is Putting Law Firms in a No-Win Situation
Willkie Farr & Gallagher last week became the latest law firm to strike a deal with the White House and escape President Trump's wrath. But the firm, which pledged $100 million in legal services to causes that the Trump administration supports, traded one problem for another. Willkie has faced a backlash to the deal in recent days, including within its ranks, as concerns mount over Mr. Trump's broader law firm crackdown. Doug Emhoff, former Vice President Kamala Harris's husband and one of Willkie's most prominent partners, publicly assailed the agreement with Mr. Trump. Congressional Democrats are now demanding information about the deal. And Willkie's longest-serving lawyer, Joseph T. Baio, resigned rather than stay at a firm that gave in to the White House's demands. In an email to the firm's executive committee, Mr. Baio wrote that he had left so he could 'join the fight against governmental tyranny, unconstitutional decrees and social injustice, particularly at this critical time.' The fallout at Willkie, which counted Mr. Trump among its clients decades ago, illustrates the no-win predicament facing law firms caught in Mr. Trump's cross hairs. If they resist, the firms jeopardize their bottom line, exposing themselves to executive orders that, while legally dubious, imperil their businesses. But if they buckle, they are seen by critics as having compromised their integrity, drawing rebukes from across the broader legal community. 'We know this news is not welcomed by some of you, and you would have urged a different course of action,' Willkie's executive committee said in an email to the firm last week explaining the deal. 'Needless to say, this was an incredibly difficult decision for firm leadership.' The negotiations that led to the deal, recounted in interviews with people briefed on the matter, demonstrate Mr. Trump's new strategy for bringing law firms to heel. Mr. Trump's advisers have begun contacting firms before the president issues an executive order — sometimes through a friendly intermediary — to suggest that they sign a deal, or else. Willkie learned in late March that it was potentially next on Mr. Trump's list. The firm's chairman, Thomas M. Cerabino, spoke with Thomas J. Barrack Jr., a Willkie client and longtime friend of Mr. Trump's. Mr. Cerabino then spoke with Boris Epshteyn, Mr. Trump's outside legal adviser, who indicated that it would be best for both sides if a deal was reached, according to people briefed on the matter. Other firms, including Cadwalader, Wickersham & Taft, were recently contacted under similar circumstances. Cadwalader has yet to reach a deal, but several other firms have done so. Soon after Willkie reached a deal, the law firm Milbank did the same, saying later that 'the Trump administration suggested to us that we enter into an agreement similar to one recently agreed to by Skadden,' another large firm that proactively struck a deal. The alternative, those firms concluded, was worse. Over the last month, Mr. Trump targeted several other firms with executive orders that jeopardized their ability to represent government contractors, and limited their access to federal buildings. Those firms, including Perkins Coie and Jenner & Block, are fighting the orders in federal court, where judges have already blocked most of the restrictions. Perkins Coie has disclosed that Mr. Trump's order has taken a financial toll on the firm. And although Willkie's agreement required it make certain concessions, the firm's executive committee said in its statement to employees that an executive order would have imperiled 'our clients' rights and those of our firm.' Karoline Leavitt, the White House press secretary, said in a statement that 'Big Law continues to bend the knee to President Trump because they know they were wrong, and he looks forward to putting their pro bono legal concessions toward implementing his America First agenda.' Mr. Cerabino, the Willkie chairman, did not respond to requests for comment. Mr. Baio, 71, a former Willkie partner and member of the firm's executive committee, said in an interview that he understood the difficult situation. But Mr. Baio, who had been working full time as a senior counsel in Willkie's litigation department, decided he could no longer stay after the deal. So he resigned, leaving the firm after 47 years. Andrew Silberstein, an associate at Willkie, also resigned in protest, lamenting in an email to colleagues that the firm's principles had been 'so deeply compromised,' and that 'they have come for us, and we did not speak out.' Associates at other firms targeted by Mr. Trump have also resigned. Mr. Emhoff has remained at Willkie. But at a charity event last week, he denounced the firm's decision to capitulate to Mr. Trump, according to a person with knowledge of the matter. 'I wanted them to fight a patently unconstitutional potential executive order,' he said at the event. Mr. Emhoff's criticism was reported earlier by CNN. Democratic lawmakers have also expressed concern about the deal. In a letter to Willkie this week, the top Democrats on the Senate Permanent Subcommittee on Investigations and the House Judiciary Committee questioned how the deal came about and raised what they called 'the troubling prospect that the president has successfully and unlawfully coerced' the firm. 'The American people and Congress deserve transparency with respect to the president's ongoing assault on constitutional rights and the rule of law,' Senator Richard Blumenthal of Connecticut and Representative Jamie Raskin of Maryland wrote in the letter. Mr. Blumenthal and Mr. Raskin also sent letters to Skadden and other firms. While the list of firms on Mr. Trump's radar appears arbitrary at times, Willkie was an obvious target, and not only because of Mr. Emhoff. The president's advisers were most focused on the firm employing a former top investigator for the congressional committee that scrutinized Mr. Trump's role in the Jan. 6, 2021, attack on the Capitol, according to a person close to Mr. Trump. They also focused on the fact that the firm's clients included two Georgia election workers who had sued Rudolph W. Giuliani, Mr. Trump's former personal lawyer. Mr. Trump was also once a client. In the late 1980s, when the firm was much smaller, Willkie worked on cases on Mr. Trump's behalf as he built himself into a local player with three casinos in Atlantic City. One of the people who worked closely with Mr. Trump's company at the time was Mr. Cerabino, now the firm's chairman. Decades later, Mr. Cerabino was at the center of the discussions with Mr. Trump's White House. In its internal statement, Willkie's executive committee made oblique references to the discussions with Mr. Barrack and Mr. Epshteyn, without mentioning them by name. The firm, the statement said, was 'invited to contact the administration,' which then 'outlined a proposed alternative to receiving an executive order.' Mr. Barrack, who was nominated as ambassador to Turkey, was represented by Willkie in a criminal trial in 2022, when he was acquitted on charges that he secretly worked as a foreign agent. Mr. Barrack's private equity real estate firm is also a major Willkie client. When Mr. Barrack spoke to Mr. Cerabino in late March, he said that the firm may want to get in touch with Mr. Trump's team, and quickly. The firm's leadership took two paths. At the same time that it prepared to go to court to fight any potential order, it began discussions with Mr. Trump's team, according to a person briefed on the matter. After Mr. Cerabino spoke with Mr. Epshteyn, the firm's leadership conferred in two executive committee meetings, deciding that striking a deal was the most prudent decision. It was announced soon after.
Yahoo
06-04-2025
- Politics
- Yahoo
Emhoff hits law firm over Trump deal: Report
Former second gentleman Doug Emhoff reportedly criticized his law firm, Willkie Farr & Gallagher, for striking a deal with the administration to avoid potential blowback from President Trump as the White House has targeted other large legal firms in recent weeks. Emhoff, who joined Willkie Farr & Gallagher as a partner in late January this year, condemned the law firm while speaking at a Bet Tzedek's 2025 Annual Dinner Gala on Thursday night, CNN reported Saturday, citing sources familiar with the matter. Emhoff, a longtime entertainment attorney, told the attendees at the Los Angeles gala that he expressed to Willkie Farr & Gallagher his willingness to challenge a potential Trump executive order, viewing it as unconstitutional, but he ended up being overridden, according to CNN. The Hill has reached out to Willkie Farr & Gallagher for comment. Earlier this week, Trump announced that his administration reached a deal with Emhoff's firm. As part of the agreement, announced Tuesday, the law firm would provide roughly $100 million worth of pro bono legal work for initiatives supported by the current administration. The firm would also refrain from including diversity, equity and inclusion requirements as part of their hiring process and would not turn down clients due to their political orientations. 'Willkie Farr & Gallagher LLP proactively reached out to President Trump and his Administration, offering their decisive commitment to ending the Weaponization of the Justice System and the Legal Profession,' the White House said on Tuesday. It was at least the third such agreement Trump had forged with a prominent law firm since taking office in January. The White House reached an agreement with Skadden, Arps, Slate, Meagher & Flom. The administration also struck a deal with Paul, Weiss, Rifkind, Wharton & Garrison, with the New York City-based firm agreeing to provide $40 million in pro bono services. Trump has gone after other major law firms that have ties to people who worked on probes into the president. Willkie Farr & Gallagher's attorneys represented two Georgia election workers who sued Rudy Giuliani for defamation. Giuliani accused the two women, who worked in Fulton County during the 2020 presidential election, of fraud. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
06-04-2025
- Politics
- The Hill
Emhoff hits law firm over Trump deal: Report
Former second gentleman Doug Emhoff reportedly criticized his law firm, Willkie Farr & Gallagher, for striking a deal with the administration to avoid potential blowback from President Trump as the White House has targeted other large legal firms in recent weeks. Emhoff, who joined Willkie Farr & Gallagher as a partner in late January this year, condemned the law firm while speaking at a Bet Tzedek's 2025 Annual Dinner Gala on Thursday night, CNN reported Saturday, citing sources familiar with the matter. Emhoff, a longtime entertainment attorney, told the attendees at the Los Angeles gala that he expressed to Willkie Farr & Gallagher his willingness to challenge a potential Trump executive order, viewing it as unconstitutional, but he ended up being overridden, according to CNN. The Hill has reached out to Willkie Farr & Gallagher for comment. Earlier this week, Trump announced that his administration reached a deal with Emhoff's firm. As part of the agreement, announced Tuesday, the law firm would provide roughly $100 million worth of pro bono legal work for initiatives supported by the current administration. The firm would also refrain from including diversity, equity and inclusion requirements as part of their hiring process and would not turn down clients due to their political orientations. 'Willkie Farr & Gallagher LLP proactively reached out to President Trump and his Administration, offering their decisive commitment to ending the Weaponization of the Justice System and the Legal Profession,' the White House said on Tuesday. It was at least the third such agreement Trump had forged with a prominent law firm since taking office in January. The White House reached an agreement with Skadden, Arps, Slate, Meagher & Flom. The administration also struck a deal with Paul, Weiss, Rifkind, Wharton & Garrison, with the New York City-based firm agreeing to provide $40 million in pro bono services. Trump has gone after other major law firms that have ties to people who worked on probes into the president. Willkie Farr & Gallagher's attorneys represented two Georgia election workers who sued Rudy Giuliani for defamation. Giuliani accused the two women, who worked in Fulton County during the 2020 presidential election, of fraud.
CNN
05-04-2025
- Politics
- CNN
Obama and Harris publicly rebuke Trump's second-term actions
CNN — Former President Barack Obama and former Vice President Kamala Harris on Thursday each delivered remarks on the state of the country under President Donald Trump's second term and criticized the administration's recent actions. Obama, who preceded Trump's first term, sharply criticized Trump's efforts to reshape the federal government, crackdown on immigration and dissent, and intimidate news outlets and the legal establishment. 'So, this is the first time I've been speaking publicly for a while,' Obama said during an on-stage interview at Hamilton College. 'I've been watching for a little bit.' 'Imagine if I had done any of this,' Obama said, later adding: 'It's unimaginable that the same parties that are silent now would have tolerated behavior like that from me, or a whole bunch of my predecessors.' Obama went on to say that he doesn't think Trump's new tariff announcement 'is going to be good for America.' However, he said that he is more concerned with what he described as the White House's infringement of rights. 'I'm more deeply concerned with a federal government that threatens universities if they don't give up students who are exercising their right to free speech,' Obama told the crowd of college students. 'The idea that a White House can say to law firms, if you represent parties that we don't like, we're going to pull all our business or bar you from representing people effectively. Those kinds of – that kind of behavior is contrary to the basic compact we have as Americans.' Obama had previously warned of the dangers facing the country if Trump were reelected, while campaigning for Harris during the final stretch of the 2024 presidential race. 'Just because (Trump) acts goofy,' the former president said at the time, 'doesn't mean his presidency wouldn't be dangerous.' 'I'm not here to say I told you so': Harris comments on Trump's second term 01:19 In separate remarks, Harris on Thursday said Trump's moves since he returned to office were largely predictable. 'There were many things we knew would happen,' Harris said in a video of her remarks at the Leading Women Defined Summit. 'I'm not here to say I told you so,' she added before laughing. Harris said she recognizes that Trump's return to the Oval Office has created 'a great sense of fear.' 'We are seeing organizations stay quiet. We are seeing those who are capitulating to clearly unconstitutional threats. And these are the things that we are witnessing, each day in the last few months in our country and it understandably creates a great sense of fear,' Harris said. Earlier this week, Trump announced a deal with the law firm that employs former second gentleman Doug Emhoff – Willkie Farr & Gallagher – which the president said includes the firm agreeing to provide at least $100 million in pro bono legal services throughout his second term. It was another example of high-profile firms cutting deals with the White House as Trump has targeted firms that have done work with his perceived political enemies. Before the Willkie agreement was announced, Emhoff addressed the matter saying, 'The rule of law is under attack. Democracy is under attack. And so, all of us lawyers need to do what we can to push back on that.' Harris' Thursday remarks, video of which were first reported by MSNBC, are her most direct comments since the start of Trump's second term. The former vice president, who lost to Trump in the November election, went on to say that while fear is 'contagious,' so is courage. 'Fear has a way of being contagious. When one person has fear, it has a way of spreading to those around them and spreading. And we are witnessing that, no doubt,' Harris said at the gathering of female leaders of color. 'But I say this also, my dear friends, courage is also contagious,' she added.
