US judge overturns Trump order targeting major law firm Jenner & Block

A US judge on Friday overturned Donald Trump’s executive order targeting Jenner & Block, a big law firm that employed a lawyer who investigated him.

Trump’s executive order, called Addressing Risks from Jenner & Block, suspended security clearances for the firm’s lawyers and restricted their access to government buildings, officials and federal contracting work.

Trump accused the law firm of engaging in activities that “undermine justice and the interests of the United States”, claiming that it participated in politically driven legal actions. In the executive order, Trump specifically criticized the firm for hiring Andrew Weissmann, an attorney who worked on Robert Mueller’s investigation into allegations of Russian influence in Trump’s 2016 campaign.

The firm sued to block Trump’s order, arguing it violated the constitution’s first and fifth amendments.

US district judge John D Bates ruled on Friday that Trump’s directive violated core rights under the US constitution, mirroring a 2 May ruling that struck down a similar executive order against law firm Perkins Coie.

Bates did not mince words when calling a Trump executive order unconstitutional, which sought to target Jenner & Block.

Trump’s order, Bates wrote, “makes no bones about why it chose its target: it picked Jenner because of the causes Jenner champions, the clients Jenner represents, and a lawyer Jenner once employed”.

“Going after law firms in this way is doubly violative of the constitution,” Bates said.

The justice department and the White House did not immediately respond to requests for comment. The administration can appeal Bates’ order to the US court of appeals for the District of Columbia circuit.

Trump signed an executive order in March, targeting Jenner & Block by suspending security clearances and restricting their access to government buildings, officials and federal contracting work. This was, Trump claimed, because of politically motivated “lawfare” the firm engaged in.

By attempting to push forward this executive order, Trump attempted to “chill legal representation the administration doesn’t like, thereby insulating the executive branch from the judicial check fundamental to the separation of powers”.

Bates added that the Trump executive orders against law firms “follow the same recipe: other than personalized touches in their first sections, they generally direct the same adverse actions towards each firm and decry the threat each firm poses to national security and the national interest”.

Bates was appointed to the District of Columbia in 2001 by George W Bush. He blocked Trump’s executive order completely.

Apart from Jenner and Perkins Coie, two other firms – WilmerHale and Susman Godfrey – have sued the Trump administration to permanently block executive orders he issued against them.

Nine law firms, including Paul Weiss, Milbank, Simpson Thacher and Skadden Arps, have pledged nearly $1bn in free legal services to causes the White House supports and made other concessions to avoid being targeted by Trump.

The justice department has defended Trump’s executive orders against Jenner and other law firms as consistent with the broad reach of presidential authority.

Reuters contributed reporting