In opinion with 26 exclamation points, judge finds order against WilmerHale is 'staggering punishment'
An executive order with a “kitchen sink of severe sanctions” against Wilmer Cutler Pickering Hale and Dorr is unconstitutional, a federal judge in Washington, D.C., ruled Tuesday.
In a May 27 opinion, Senior U.S. District Judge Richard J. Leon of the District of Columbia granted a permanent injunction barring enforcement of the order, finding that it was “crafted to cripple the firm” for its representation of disfavored clients and causes.
The decision contained 26 exclamation points, not counting another exclamation point in a quote from President Donald Trump, the Volokh Conspiracy reports.
Leon said the March 27 executive order against WilmerHale violates the First Amendment, the Fifth Amendment, the Sixth Amendment and the separation of powers.
The executive order called for suspension of security clearances for WilmerHale employees, threatened the law firms’ clients with cancellation of their government contracts, barred firm employees from government buildings and sought an investigation into the firm’s diversity practices.
The order began with criticism of WilmerHale for hiring former special counsel Robert Mueller, who investigated Russian interference in the 2016 election. The order also cited with disapproval WilmerHale’s involvement in election and immigration litigation, as well as “partisan representations.”
Provisions in the executive order “constitute a staggering punishment for the firm’s protected speech!” said Leon, an appointee of former President George W. Bush. “The order is intended to, and does in fact, impede the firm’s ability to effectively represent its clients!”
Leon also said the order exceeds a president’s executive power by usurping judicial authority to resolve cases and sanction abuses of the judicial process, violates WilmerHale’s Fifth Amendment right to due process, and violates its clients’ Sixth Amendment right to counsel.
Even though he issued a temporary restraining order one day after Trump issued the order, “existing clients have been curtailing their relationships with WilmerHale and new clients are taking their business elsewhere,” Leon said.
Two lawyers at WilmerHale have already had their security clearances suspended, according to a court notice filed earlier this month.
WilmerHale is the third firm to obtain a permanent injunction preventing enforcement of executive orders against them. The others are Jenner & Block and Perkins Coie.
WilmerHale praised Leon’s decision in a statement.
“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,” the firm said.
Publications with coverage of Leon’s decision, in addition to the Volokh Conspiracy, include Law.com, Bloomberg Law, Reuters, the New York Times, CNBC and the Washington Post.
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