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Trump Attacks the Right to a Lawyer
The presidential assault on the lawyers and law firms representing his litigation adversaries is an attack on the very foundation of the legal system.
Mar 12, 2025
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.
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Trump DOJ Fires Jan. 6 Prosecutors, Top FBI Agents While Threatening Larger Purge
"Trump's outrageous attack on the DOJ and FBI is a clear and present danger to public safety, and a wrecking ball swinging at the rule of law," Rep. Jamie Raskin said.
Feb 01, 2025
The Trump Department of Justice made moves on Friday to fire FBI employees and prosecutors who were involved with the government's cases against U.S. President Donald Trump and the participants in the January 6, 2021 attack on the U.S. Capitol.
First, on Thursday, several senior FBI officials—stationed both at headquarters and in the field—were told to either resign or be fired. Then, at 5 pm Eastern Time on Friday, dozens of DOJ prosecutors who worked on January 6 cases received an email saying they had been fired. Also on Friday, an email sent to FBI employees told them that acting Deputy Attorney General Emil Bove, who previously represented Trump in the cases against him, had requested a list of everyone who had worked on January 6 cases "to determine whether any additional personnel actions are necessary."
"Firing the FBI agents who investigated violent attacks against police officers on January 6 would set a dangerous precedent and make all of us less safe," Stand Up America executive director Christina Harvey said in a statement. "This is a shameless act of political retribution that weakens federal law enforcement and the rule of law."
"This is a massacre meant to chill our efforts to fight crime without fear or favor."
The FBI higher-ups forced out included the agency's six most senior executives as well as more than 20 directors of field offices including Washington, D.C., Miami, Los Angeles, Philadelphia, New Orleans, Seattle, and Las Vegas. The targeted officials had been promoted by former FBI Director Christopher Wray, according toThe New York Times. The Washington, D.C. field office worked extensively on Special Counsel Jack Smith's investigations into Trump's mishandling of classified documents and involvement in the January 6 insurrection, as well as the investigations of the rioters themselves, NBC News reported. One source toldThe Hill that agents who had worked on the cases were physically escorted out of the D.C. field office on Friday.
NBC reported that several of the senior officials had chosen to retire, even though they could have challenged their dismissals as nonpolitical appointees subject to civil service regulations.
Many of the agents received the ultimatum the same day that U.S. President Donald Trump's nominee to head the FBI, Kash Patel, promised in his Senate confirmation hearing that he would not retaliate against any agents who worked on the Trump cases and was not aware of any attempts to do so.
"All FBI employees will be protected against political retribution," Patel told the Senate.
Trump, meanwhile, said on Friday that he was not aware of the firings, but added, "If they fired some people over there, that's a good thing, because they were very bad. They were very corrupt people, very corrupt, and they hurt our country very badly with the weaponization."
Another memo sent by Bove to acting FBI Director Brian J. Driscoll Jr. laid the groundwork for more firings, as Driscoll was asked to submit a list of all agents and employees "assigned at any time to investigations and/or prosecutions" related to January 6, as The New York Times reported. Field offices received a similar request from the FBI's counterterrorism division. Bove also asked for a list of agents who worked on a case against Hamas leadership, though it is not clear why.
One employee toldCNN that the January 6 case was the largest case the bureau had ever worked on, observing that "everyone touched that case."
In an email to staff on Friday reported by NBC, Driscoll noted, "We understand that this request encompasses thousands of employees across the country who have supported these investigative efforts," adding, "I am one of those employees."
"This is a massacre meant to chill our efforts to fight crime without fear or favor," another anonymous agent told CNN. "Even for those not fired, it sends the message that the bureau is no longer independent."
The FBI Agents Association, which represents over 14,000 active and former agents, issued a scathing statement on Friday.
"If true, these outrageous actions by acting officials are fundamentally at odds with the law enforcement objectives outlined by President Trump and his support for FBI Agents," the association said. "Dismissing potentially hundreds of agents would severely weaken the bureau's ability to protect the country from national security and criminal threats and will ultimately risk setting up the bureau and its new leadership for failure. These actions also contradict the commitments that Attorney General-nominee Pam Bondi and Director-nominee Kash Patel made during their nomination hearings before the United States Senate."
The group added that Patel had promised association members in a meeting that "agents would be afforded appropriate process and review and not face retribution based solely on the cases to which they were assigned."
Finally on Friday, DOJ prosecutors received an email from Interim U.S. Attorney Ed Martin, telling them they were being fired and including a memo from Bove. The fired prosecutors had been hired to work on the January 6 cases and were made permanent by the Biden administration following the November election. In his memo, Bove suggested the prosecutors had been made permanent in an inappropriate attempt to protect them from being fired.
"I will not tolerate subversive personnel actions by the previous administration at any U.S. Attorney's Office," Bove wrote, as POLITICO reported. "Too much is at stake. In light of the foregoing, the appropriate course is to terminate these employees."
One of the impacted prosecutors told POLITICO that 25 to 30 people were let go.
"This attack on the Justice Department and particularly on the FBI is the beginning of America's first true era of dictatorship."
The latest round of DOJ firings comes days after the Trump administration already fired a dozen lawyers who had helped bring Smith's two cases against Trump. They also come a week after Trump's firing of 12 inspectors general. Trump also pardoned all approximately 1,500 people involved in the January 6 insurrection on his first day in office.
News of the FBI and DOJ firings sparked ire from Democratic lawmakers.
"Trump's outrageous attack on the DOJ and FBI is a clear and present danger to public safety, and a wrecking ball swinging at the rule of law," said Rep. Jamie Raskin (D-Md.), ranking member of the House Committee on the Judiciary, in a statement. "Trump wants to send the message to the police and federal officers that the law doesn't apply to Trump and his enablers. It's also part of his campaign to replace nonpartisan career civil servants with political loyalists and incompetent sycophants. Trump's moves have already left the Justice Department and the FBI rudderless and adrift by ousting their career senior ranks. Now, these unprecedented purges of hundreds of prosecutors, staff, and experienced law enforcement agents will undermine the government's power to protect our country against national security, cyber, and criminal threats."
"The loyal friend of autocrats, kleptocrats, oligarchs, and broligarchs, Trump doesn't care about the requirements of democracy, national security, and public safety," Raskin continued. "His agenda is vengeance and retribution. If allowed to proceed, Trump's purge of our federal law enforcement workforce will expose America to authoritarianism and dictatorship."
Sen. Dick Durbin, (D-Ill.), who serves on the Judiciary Committee, called the firings "a major blow to the FBI and Justice Department's integrity and effectiveness."
"This is a brazen assault on the rule of law that also severely undermines our national security and public safety," Durbin continued. "Unelected Trump lackeys are carrying out widespread political retribution against our nation's career law enforcement officials. President Trump would rather have the FBI and DOJ full of blind admirers and loyalists than experienced law enforcement officers."
Rep. Jim Himes (D-Conn.) also decried the firings and cast doubt on the integrity of Bondi and Patel, whom Trump had tapped to lead the DOJ and FBI respectively.
"Pam Bondi and Kash Patel both committed to protecting the Department of Justice and the FBI from politics and weaponization. If these reports are true, it's clear they misled the Senate," Himes said. "As ranking member of the House Intelligence Committee, I have repeatedly asked the FBI for more information about these reports and will insist on answers."
Fellow Connecticut Democrat Rep. Rosa DeLauro wrote on social media: "Priority #1 for the Trump administration: Protect the lawless and purge those who uphold the law. The firing of FBI agents and federal prosecutors without cause is an assault on the rule of law and law enforcement. It leaves Americans vulnerable and less safe. We will push back."
As Democrats promised action, Harvey of Stand Up America also called on Republican lawmakers to respond.
"This is not about public safety—it's about revenge and control," Harvey said. "Removing experienced law enforcement professionals and replacing them with political loyalists puts all of our safety at risk. If there are any Republican senators left who care about protecting the rule of law and public safety, they should oppose this dangerous purge and reject Kash Patel's nomination as FBI Director."
Progressive political commenter Thom Hartmann urged U.S. citizens to call their representatives.
"Let's just call these mass firings at Justice and the FBI what they are. Donald Trump is a lawless man who is ripping apart the FBI to turn it into a banana republic-style group of enforcing thugs who will only do his will," Hartmann wrote on his Substack Saturday morning. "They will spare his friends and persecute his enemies. We've seen this over and over during the past century in countries all over the world; it's nothing new. It's just that we never expected to see it here in America."
"[Russian President Vladimir] Putin dreamed for most of his life of destroying America; he now has a friend who is doing it for him. This attack on the Justice Department and particularly on the FBI is the beginning of America's first true era of dictatorship. The only question now is how long and how far Democratic and Republican politicians and career government employees will tolerate this, and, when their resistance comes, whether it will be too late. The phone number for Congress is 202-224-3121."
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We Are All Paying the Price for Merrick Garland’s Abject Failure
Decades from now, historians will memorialize Garland not as a dedicated public servant but as the head of the Justice Department who brought a butter knife to an existential gunfight with Trump, quickening our collective descent into neo-fascism.
Jan 22, 2025
It’s hard to say who is the worst attorney general in American history. The candidates are many and comprise a veritable rogue’s gallery of sadists, reactionaries, and incompetents. They range from A. Mitchell Palmer, mastermind of the original Red Scare that decimated the left in the wake of the First World War, to Jefferson Beauregard Sessions III and William Pelham Barr, who sacrificed the rule of law in service to Donald Trump.
Merrick Garland may not share the malignancies of his fellow train wrecks, but he deserves to be in the discussion. Decades from now, historians will memorialize Garland not as a dedicated public servant and fair-minded federal judge whose nomination to the Supreme Court was torpedoed by Mitch McConnell and Senate Republicans, but as the head of the Justice Department who brought a butter knife to an existential gunfight with Trump, quickening our collective descent into neo-fascism.
After his appointment to helm the DOJ, Garland had one overarching mission: to swiftly convene a grand jury to investigate Trump for his role in inciting the Jan. 6, 2021, insurrection at the Capitol. This was a task a third-year law student could easily have accomplished. Garland failed, abjectly.
Garland will forever bear the principal stain of wimping out when courage and—to put it in the vernacular—balls were needed to stop Trump.
Probable cause for an early indictment was abundant and obvious. On January 6, millions of Americans watched Trump stand on the Ellipse at the south end of the White House and urge his supporters to march on the Capitol and “fight like hell.” Millions watched the actual assault that followed, blow by medieval blow. Even the corrupt McConnell, who voted to acquit Trump in his second impeachment trial in February 2021, declared on the Senate floor, “There’s no question, none, that President Trump is practically and morally responsible for provoking the events of the day [January 6].”
Instead of targeting Trump and his chief lieutenants immediately, Garland set out to arrest and try the foot soldiers of the uprising. And while he did a commendable job in that respect (eventually charging more than 1,500 with federal crimes), he dithered on Trump until November 2022, when he appointed Jack Smith as a special counsel to probe Trump for the insurrection and absconding from the White House with a trove of highly classified documents.
By then, it was too late.
Although Smith secured an indictment of Trump in Washington, D.C., for conspiracy, obstruction, and election subversion on August 1, 2023, the indictment was gutted by the Supreme Court (Trump v. United States) the following July in a decision that granted Trump sweeping and unprecedented immunity from criminal prosecution.
Written by Chief Justice John Roberts, a lifelong conservative activist with an undeserved reputation as a judicial institutionalist, the ruling is arguably the worst edict handed down by the high court since the Dred Scott case of 1857. “Trump v. United States is distinct as a deliberate attack on the core institutions and principles of the republic, preparing the way for a MAGA authoritarian regime much as Dred Scott tried to do for the slavocracy,” wrote Sean Wilenz in a scathing article for The New York Review of Books.
Smith also indicted Trump in Florida in the documents case, but that prosecution was subsequently scuttled by District Court Judge Aileen Mercedes Cannon, an inexperienced MAGA sycophant whom Trump installed on the federal bench in the runup to the 2020 election.
In addition to Garland, the Supreme Court, and Cannon, former President Joe Biden also shares responsibility for letting Trump off the hook. From Day 1, Biden should have used the bully pulpit to attack, isolate, and destroy Trump and his MAGA base. Instead, he pursued a politics of accommodation, preaching a return to the false neoliberal normalcy of bipartisanship. Most critically of all, Biden decided to seek a second term, when it was apparent to everyone with two eyes and ears that he was no longer fit, either physically or mentally, for another stint behind the Resolute Desk. With Biden’s approval rating plunging to 40%, former Vice President Kamala Harris had little to no chance of defeating Trump at the polls.
But standing atop the heap, Garland will forever bear the principal stain of wimping out when courage and—to put it in the vernacular—balls were needed to stop Trump before the forces of reaction had time to regroup and reorganize. They are now in control.
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