'Let's kill the lawyers I don't like' is Shakespearean approach of Trump order against Perkins Coie, judge says
A federal judge has granted a permanent injunction barring the Trump administration from enforcing a punitive executive order against Perkins Coie.
U.S. District Judge Beryl A. Howell of the District of Columbia ruled Friday that the order is an unconstitutional directive aimed at Perkins Coie because of its 2016 representation of Democratic Party presidential candidate Hillary Clinton, its challenges to voter ID and other election laws, and its diversity efforts.
“In purpose and effect, this action draws from a playbook as old as Shakespeare, who penned the phrase: ‘The first thing we do, let’s kill all the lawyers,’” Howell wrote in the May 2 decision. “Eliminating lawyers as the guardians of the rule of law removes a major impediment to the path to more power.”
The approach of the executive order, Howell said, is “Let’s kill the lawyers I don’t like,” which sends “the clear message: Lawyers must stick to the party line or else.”
The executive order, issued March 6, called for suspension of security clearances by Perkins Coie personnel, limited access to federal buildings by its lawyers, required Perkins Coie clients to disclose whether they do business with Perkins Coie and whether the business is related to their government contracts, and sought to end such contracts.
About two dozen people at Perkins Coie hold security clearances either because of public service or military backgrounds or because of their legal representation of clients, Howell said. All of Perkins Coie’s top 15 clients by revenue and many others currently have federal contracts or subcontracts.
The executive order cited Perkins Coie’s 2016 representation of Clinton and its hiring of Fusion GPS to help with its representation. Fusion GPS compiled the so-called Steele dossier with allegations that the Russian government was trying to help President Donald Trump’s 2016 presidential campaign.
The lawyer who represented Clinton, Marc Elias, left the law firm in 2021. Members of his former practice group are also no longer with Perkins Coie.
The government had argued that Perkins Coie did not have standing to bring some claims, and others were not ripe for adjudication. Howell rejected the government’s arguments.
Howell ruled that the executive order:
• Constitutes retaliation and viewpoint discrimination in violation of the First Amendment.
• Compels disclosure in violation of the First Amendment.
• Denies equal protection of the laws in violation of the Fifth Amendment.
• Interferes with the right to counsel by Perkins Coie clients in violation of the Fifth Amendment and the Sixth Amendment.
• Denies due process in violation of the Fifth Amendment.
• Is vague in violation of the Fifth Amendment.
“This ruling affirms core constitutional freedoms all Americans hold dear, including free speech, due process, and the right to select counsel without the fear of retribution,” Perkins Coie said in a May 2 statement. “We are pleased with this decision and are immensely grateful to those who spoke up in support of our positions. As we move forward, we remain guided by the same commitments that first compelled us to bring this challenge: to protect our firm, safeguard the interests of our clients and uphold the rule of law.”
Law.com, Bloomberg Law, Law360, the Volokh Conspiracy and Reuters are among the publications with coverage.
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