On Friday, five leading law firms facing potential punitive measures from President Trump reached agreements with the White House to provide an aggregate of $600 million in pro bono legal services to initiatives aligned with the president's agenda. Four firms — Kirkland & Ellis, Latham & Watkins, A&O Shearman, and Simpson Thacher & Bartlett — each committed to delivering $125 million in free legal assistance. A fifth firm, Cadwalader, Wickersham & Taft, pledged at least $100 million in pro bono work.
This recent round of agreements brings the total contributions from prominent legal entities to $940 million over the past month, supporting causes favored by the Trump administration, particularly those embodying conservative principles.
President Trump publicly announced these agreements on Truth Social, the platform owned by his media company. Statements from the leading legal professionals involved were shared alongside the announcements, with earlier reports from The New York Times highlighting negotiations with several firms.
The timing of these agreements coincides with discussions in the Oval Office where President Trump suggested that the contracted firms may assist in negotiating international trade agreements and potentially engage in coal leasing discussions.
However, while the social media announcements outlined contributions aimed at combating antisemitism, supporting Gold Star families, assisting law enforcement, and promoting fairness in the justice system, the implications of these arrangements raise significant political questions.
These agreements bear resemblance to earlier deals Trump made with other firms, including Paul, Weiss, Rifkind, Wharton & Garrison, and Skadden, Arps, Slate, Meagher & Flom.
Legal firms are increasingly engaging with the Trump administration to mitigate the risks posed by executive orders that threaten their ability to represent clients involved in federal contracts or seek regulatory approvals. Conversely, some firms have chosen to challenge Trump's executive orders in federal court, arguing that these measures are unconstitutional retaliatory actions against political opponents. Temporary injunctions have been granted against these orders for firms like Perkins Coie, WilmerHale, and Jenner & Block.
Adding to the tensions, Susman Godfrey faced an executive order this week, becoming the latest firm to oppose the Trump administration. The firm has initiated legal proceedings to contest the order's enforcement, with representation from Munger, Tolles & Olson, the same firm that coordinated a significant amicus brief in support of Perkins Coie.
Susman, known for its representation of Dominion Voting Systems in a high-profile defamation case against Fox News, contends that the empowerment of such executive directives poses a grave threat to the independence of the legal profession. Their 66-page complaint argues, “If President Trump’s Executive Orders are allowed to stand, future presidents will face no constraint when they seek to retaliate against a different set of perceived foes.” This precedent could fundamentally alter the fabric of political and legal accountability.
President Trump has actively targeted law firms employing attorneys viewed as political adversaries or refusing to represent clients aligned with his ideology. Firms promoting diversity in hiring practices have also come under scrutiny, indicating a broader agenda against diversity, equity, and inclusion initiatives, which Trump has labeled as discriminatory. The Equal Employment Opportunity Commission (EEOC) has inquired about the diversity practices of 20 law firms, a move perceived as politically motivated.
Of the firms that entered agreements with Trump, Kirkland, Latham, Shearman, and Simpson Thacher had each received inquiries from the EEOC. In settling, Trump indicated that the EEOC would not pursue claims against these firms, leading to subsequent separate settlements.
Critics, including legal scholars and industry professionals, have lauded those firms resisting the administration's pressures, arguing that settlements merely reinforce Trump's assertiveness in demanding legal support. Experts warn that the administration appears to be assembling a "war chest of legal enlistees" to further its directives. Yale Law Professor Harold Hongju Koh emphasized, “When you yield to a bully, you only invite further demands.”
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