Latest news with #independentJudiciary


The Independent
27-05-2025
- Business
- The Independent
Bush-appointed judge torches Trump with 27 exclamation points — and a gumbo recipe — in a ruling against an executive order
A conservative federal judge has ruled that Donald Trump 's executive order punishing a law firm tied to his political opponents 'must be struck down in its entirety as unconstitutional,' dealing yet another blow to the president's retaliatory campaign against lawyers and legal groups that opposed his agenda. 'Indeed, to rule otherwise would be unfaithful to the judgment and vision of the founding fathers!' wrote Judge Richard Leon in Washington D.C. Leon's colorful 73-page opinion uses 27 exclamation points — including in the very second sentence — and compares Trump's executive order against the law firm WilmerHale to a gumbo that gives him 'heartburn,' whose recipe he included. 'The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,' wrote Leon, who was appointed by George W. Bush. 'The Founding Fathers knew this! Accordingly, they took pains to enshrine in the Constitution certain rights that would serve as the foundation for that independence,' he added. But nearly 250 years later, 'several executive orders have been issued directly challenging these rights and that independence' within the last few months, Leon wrote. Trump's executive orders single out individual firms that worked for prominent Democratic officials or represented causes he opposed while imposing punitive measures on the law firms like banning their employees from federal buildings and stripping their security clearances. Several firms arranged deals with the Trump administration — including agreeing to perform millions of dollars in pro-bono work — to avoid the president's sanctions. WilmerHale had previously employed former special counsel Robert Mueller, who returned to the firm after leading the investigation into whether Russia interfered with the 2016 presidential election to boost Trump's chances of winning. The firm also represented Democrats against Trump's 2020 election challenges, members of Congress seeking his tax records, and inspectors general who sued Trump after they were abruptly terminated at the start of his administration, among others. In his order on March 27, Trump claimed the firm 'abandoned the profession's highest ideals and abused its pro bono practice to engage in activities that undermine justice and the interests of the United States.' The order accuses so-called 'Big Law' firms of actions that 'threaten public safety and national security, limit constitutional freedoms, degrade the quality of American elections, or undermine bedrock American principles.' In his order, Judge Leon slammed the administration for throwing 'a kitchen sink of severe sanctions on WilmerHale for this protected conduct!' He added: 'Taken together, the provisions constitute a staggering punishment for the firm's protected speech! It both threatens and imposes sanctions and uses other means of coercion to suppress WilmerHale's representation of disfavored causes and clients.' Leon said Trump's executive order is clearly 'motivated by the president's desire to retaliate against WilmerHale for its protected activity.' This is 'not a legitimate government interest, and the order's unsupported assertion of national security will not save it!' he wrote. In a footnote in his ruling, Leon said Trump's executive order is 'akin to a gumbo.' Sections of the order outlining sanctions against the firm 'are the meaty ingredients—e.g., the Andouille, the okra, the tomatoes, the crab, the oysters,' Leon wrote. 'But it is the roux … which holds everything together,' he added, pointing to the president's justification for attacking the firm. 'A gumbo is served and eaten with all the ingredients together, and so too must the sections of the Order be addressed together,' Leon wrote. 'This gumbo gives the Court heartburn.' Several federal judges in recent days have struck down similar orders. Last week, District Judge John Bates, another Bush appointee, blocked a near-identical order targeting the firm Jenner Block after finding it was clear retaliation for the firm's employment of Andrew Weissmann, whom Trump accused of making a career out of 'weaponized government and abuse of power.' 'Like the others in the series, this order … makes no bones about why it chose its target: it picked Jenner because of the causes Jenner champions, the clients Jenner represents and a lawyer Jenner once employed,' Bates wrote. Another federal judge is currently weighing a decision in a similar case against Trump's order targeting the law firm Susman Godfrey.


The Guardian
27-05-2025
- Business
- The Guardian
Judge strikes down Trump order that targeted US law firm WilmerHale
Donald Trump's campaign against the legal profession hit another setback Tuesday as a federal judge struck down yet another executive order that sought to place sanctions one of the country's most prestigious law firms. The order in favor of WilmerHale marks the third time this month that a federal judge in Washington has deemed Trump's series of law firm executive orders to be unconstitutional and has permanently barred their enforcement. 'The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The Founding Fathers knew this!' wrote US district judge Richard Leon. To permit the order to stand, Leon wrote, 'would be unfaithful to the judgment and vision of the Founding Fathers'. The firm applauded the ruling from Leon, an appointee of former Republican president George HW Bush. 'The court's decision to permanently block the unlawful executive order in its entirety strongly affirms our foundational constitutional rights and those of our clients. We remain proud to defend our firm, our people, and our clients,' a spokesperson for the firm said. The ruling was similar to one from Friday by a different judge that rejected a Trump edict against the firm of Jenner & Block and another one from earlier in the month in favor of the firm Perkins Coie. The firms had all been subjected to Trump executive orders that sought to impose the same set of consequences, including suspending security clearances of attorneys and barring employees from federal buildings. The orders have been part of a broader effort by the president to reshape American civil society by targeting perceived adversaries in hopes of extracting concessions from them and bending them to his will. Several of the firms singled out for sanctions have either done legal work that Trump has opposed, or currently have or previously had associations with prosecutors who at one point investigated the president. The order against WilmerHale, for instance, cited the fact that the firm previously employed former justice department special counsel Robert Mueller, who led an investigation during Trump's first term into potential ties between Russia and Trump's 2016 campaign. Other major firms have sought to avert orders by preemptively reaching settlements that require them, among other things, to collectively dedicate hundreds of millions of dollars in free legal services in support of causes the Trump administration says it supports.


New York Times
27-05-2025
- Business
- New York Times
Judge Strikes Down Trump Order Targeting WilmerHale
A federal judge on Tuesday ruled that President Trump's attempt to punish an elite law firm associated with his political opposition was unconstitutional and directed the government not to enforce an order Mr. Trump signed in March that had threatened its business. Siding with WilmerHale, which sued to block the president's order, Judge Richard J. Leon of the Federal District Court for the District of Columbia wrote that Mr. Trump appeared intent on coercing the firm to the bargaining table under the threat of harsh penalties. The ruling was welcome news for the handful of law firms that opted to fight the White House even as several of their peers caved to the pressure campaign and made deals with Mr. Trump to avoid persecution. Judges have already rejected similarly punitive executive orders aimed at the firms Perkins Coie and Jenner & Block. 'The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,' Judge Leon wrote in a 73-page opinion. 'The Founding Fathers knew this!' 'Accordingly, they took pains to enshrine in the Constitution certain rights that would serve as the foundation for that independence,' he wrote. 'Little wonder that in the nearly 250 years since the Constitution was adopted no executive order has been issued challenging these fundamental rights.' All through March, Mr. Trump issued half a dozen orders individually demonizing firms that had worked for prominent Democrats or aided in efforts to investigate his ties to Russia during the 2016 presidential campaign. In each case, the orders leveraged the force of the federal government to give the threats teeth, including by having those firms' lawyers barred from federal buildings and stripped of their security clearances. The order targeting WilmerHale was especially pointed, given the firm's longtime association with Robert S. Mueller III, who returned there upon retiring from his role as the special counsel overseeing the investigation into Moscow's election interference that boosted Mr. Trump against his rival in the 2016 race, former Secretary of State Hillary Clinton. Along with other firms such as Jenner & Block and Susman Godfrey, WilmerHale sued to stop the executive orders from taking effect, asking Judge Leon to proceed directly to a decision with no trial, as the only question at issue was whether or not a president could take such an extraordinary action. At the same time, other white shoe firms such as Paul Weiss, Skadden and Latham & Watkins responded by agreeing to take on hundreds of millions of dollars' worth of pro bono legal work on behalf of causes Mr. Trump favors, spurring resignations and second-guessing.

Associated Press
27-05-2025
- Business
- Associated Press
Trump campaign against law firms dealt another setback as judge blocks executive order
WASHINGTON (AP) — President Donald Trump's campaign against the legal profession hit another setback Tuesday as a federal judge struck down yet another executive order that sought to sanction one of the country's most prestigious law firms. The order in favor of WilmerHale marks the third time this month that a federal judge in Washington has deemed Trump's series of law firm executive orders to be unconstitutional and has permanently barred their enforcement. 'The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The Founding Fathers knew this!' wrote U.S. District Judge Richard Leon. To permit the order to stand, Leon wrote, 'would be unfaithful to the judgment and vision of the Founding Fathers.' The firm applauded the ruling from Leon, an appointee of former Republican President George H.W. Bush. 'The Court's decision to permanently block the unlawful executive order in its entirety strongly affirms our foundational constitutional rights and those of our clients. We remain proud to defend our firm, our people, and our clients,' a spokesperson for the firm said. The ruling was similar to one from Friday by a different judge that rejected a Trump edict against the firm of Jenner & Block and another one from earlier in the month in favor of the firm Perkins Coie. The firms had all been subjected to Trump executive orders that sought to impose the same set of consequences, including suspending security clearances of attorneys and barring employees from federal buildings. The orders have been part of a broader effort by the president to reshape American civil society by targeting perceived adversaries in hopes of extracting concessions from them and bending them to his will. Several of the firms singled out for sanctions have either done legal work that Trump has opposed, or currently have or previously had associations with prosecutors who at one point investigated the president. The order against WilmerHale, for instance, cited the fact that the firm previously employed former Justice Department special counsel Robert Mueller, who led an investigation during Trump's first term into potential ties between Russia and Trump's 2016 campaign. Other major firms have sought to avert orders by preemptively reaching settlements that require them, among other things, to collectively dedicate hundreds of millions of dollars in free legal services in support of causes the Trump administration says it supports.


The Independent
08-05-2025
- Politics
- The Independent
Supreme Court Chief Justice Roberts lays down the law on judiciary power in veiled swipe at Trump
Supreme Court Chief Justice John Roberts in remarks Wednesday emphasized the vital importance to the nation of an independent judiciary in what appeared to be a thinly veiled swipe at Donald Trump, though he didn't mention the president's name. The judiciary's role, Roberts emphasized in comments at a public event in Buffalo, New York, is to 'decide cases but, in the course of that, check the excesses of Congress or the executive.' He noted: "In our Constitution ... the judiciary is a coequal branch of government, separate from the others, with the authority to interpret the Constitution as law and strike down, obviously, acts of Congress or acts of the president.' He cautioned: "That innovation doesn't work if ... the judiciary is not independent," Roberts warned. "Its job is to obviously decide cases, but in the course of that, check the excesses of Congress or the executive, and that does require a degree of independence." His comments drew a long round of applause from the judges and lawyers at the event in Western New York to celebrate the 125th anniversary of the federal court there. Roberts was born in Buffalo but moved to Indiana when he was 10 years old. Trump has repeatedly, insultingly attacked judges whose decisions he disagrees with –often triggering chilling threats against them by his supporters– and has called for their impeachment. Supreme Court Justice Ketanji Brown Jackson said the relentless attacks against the judiciary appear aimed at undermining judicial independence – which she said is essential to democracy. "A society in which judges are routinely made to fear for their own safety or livelihood ... is one that has substantially departed from the norms" of a democratic system, she warned. She did not mention Trump's name. Asked Wednesday about calls by Trump and some of his allies to impeach judges who rule against his administration, Roberts emphasized that he had issued a statement on that issue earlier this year. 'Impeachment is not how you register disagreement with decisions,' he repeated to the crowd. Roberts, a conservative appointed by President George W. Bush in 2005, authored the controversial opinion when the court ruled that Trump had some immunity from criminal prosecution for acts considered part of his official duties. The court hears oral arguments next week on Trump's aim to end the constitutional right to birthright citizenship for anyone born in the United States.