Trump Attacks the Right to a Lawyer

In America’s legal system, both sides to a dispute are entitled to counsel. President Donald Trump rejects that premise because he prefers a one-sided battle that he is more likely to win.

To that end, he is using his special ability to combine vindictiveness with strategy. Wielding the power of the presidency, he is penalizing the attorneys who represent his opponents. Even more troubling, other lawyers are helping him undermine the foundation of our justice system.

Throughout his campaign, candidate Trump railed against his supposed “enemies.” In addition to prosecutors who pressed charges and judges who presided over cases against him, he promised “retribution” against private-sector lawyers who had represented his political adversaries. As president, he’s keeping that promise.

President Trump is not a lawyer, but he did swear to “preserve, protect, and defend the Constitution of the United States.” Who will hold him to that promise?

The president’s first attack came in early February when he revoked the security clearances of Mark Zaid and Norm Eisen—outspoken Trump critics. For decades, Mr. Zaid has represented whistleblowers in Republican and Democratic administrations, including the whistleblower at the center of President Trump’s first impeachment. Mr. Eisen helped House Democrats develop the articles of impeachment. Because the president “flooded the zone” with tariffs, terminations, and tantrums, those suspensions received little news coverage.

His second blow landed on February 25, 2025, when he issued an executive order suspending the security clearances of all attorneys and employees at Covington & Burling—a premier 1,300-attorney global law firm representing former special counsel Jack Smith. During the campaign, he had threatened Smith repeatedly with deportation and worse. Smith retained Covington, which represented him pro bono before he resigned as special counsel. The firm is still his defense counsel.

The executive order prevents Smith’s attorneys from accessing important government materials and makes defending him more challenging. Perhaps more importantly, it was also a warning to other attorneys contemplating the representation of anyone the president does not like.

The third attack occurred with the executive order of March 6. He suspended the security clearances of individuals at Perkins Coie—a global law firm of more than 1,200 attorneys worldwide. Among other penalties, the president instructed the heads of all federal agencies to limit Perkins employees’ access to federal government buildings.

At their core, the executive orders are a transparent effort to intimidate other attorneys who represent the president’s adversaries. For example, his stated justifications for the Perkins suspension are nonsensical. He complains about work that two partners at the firm, Marc Elias and Michael Sussman, did on behalf of the Clinton campaign in 2016. But both lawyers left Perkins years ago. Trump’s order also criticizes the firm’s involvement in successful challenges to voter restriction laws in Republican-controlled states. And he even includes the firm’s commitment to diversity, equity, and inclusion as a reason for its suspension.

The presidential assault on the lawyers and law firms representing his litigation adversaries is an attack on the very foundation of the legal system. The American College of Trial Lawyers (ACTL)—an elite body of litigation attorneys—responded immediately to his executive orders:

Lawyers throughout the country should unite in condemning these actions in the strongest possible terms.

The White House’s retaliating against a law firm merely because it represented a client against whom the Executive Branch has a grievance, threatens the bedrock principles of our system of justice. Under those principles, everyone is entitled to legal representation. In criminal matters, that right is enshrined in the Sixth Amendment to the Constitution.

The ACTL’s statement outlined the broader consequences of the president’s assault:

Lawyers cannot be denied access to the courts nor should their advocacy be throttled merely because the government disagrees with the positions asserted or because litigants seek to enjoin Executive actions that may violate statutory and constitutional rights of a free people. When government retaliation is grounded in efforts to punish lawyers for the parties that they represent or the positions that they assert, our system of justice is undermined.

Likewise, speaking for the entire profession, the American Bar Association declared, “These government actions deny clients access to justice and betray our fundamental values.”

To become a licensed member of the bar, every attorney swears an oath to uphold the Constitution. Every attorney is bound by rules of ethical conduct requiring them to support the rule of law. Every attorney has an obligation to enhance public confidence in the legal system. Yet attorneys drafted, reviewed, and approved the executive orders that are undermining the bedrock principles of our justice system.

President Trump is not a lawyer, but he did swear to “preserve, protect, and defend the Constitution of the United States.” Who will hold him to that promise? Asking for a friend of democracy.