"The first thing we do, let's kill all the lawyers."
Federal Judge, Beryl Howell, BENCHSLAPS Convicted Felon Donald Trump & calls him out for his unconstitutional Executive Order targeting law firm, Perkins Coie.
“Eliminating lawyers as the guardians of the rule of law removes a major impediment to the path to more power.” Behold one of the most powerful opening lines in Judge Beryl Howell’s 108-page blistering Memorandum Opinion permanently blocking any federal agency from enforcing Trump’s Executive Order 14230 against Perkins Coie. Trump gets hit with yet another brutal benchslap with language like: “EO 14230 takes the approach of ‘Let’s kill the lawyers I don’t like,’ sending the clear message: lawyers must stick to the party line, or else.”
Within days of being targeted by this EO, Perkins Coie sued the Trump Administration. Trump had suspended any active security clearances held by any Perkins Coie employee, terminated any federal contracts with the firm, called for the investigation of the law firm’s DEI practices/policies, prevented any law firm employee from entering federal buildings “when such access would threaten the national security”, limited government employees from “engaging” with law firm employees, and barred all federal agencies from hiring any Perkins Coie employees.
Why? Because Trump is a petty man-child who didn’t like the fact that Perkins Coie had previously represented his political opponents like Hillary Clinton, is currently representing a group of transgender military service members against the Trump Administration, and because pro-democracy lawyers like Marc Elias used to be an attorney at the firm. Trump whined and complained that Perkins Coie had been “weaponized” against him. (I know, yet another glaring example of Trump’s lack of self-awareness).
Perkins Coie immediately sought a Temporary Restraining Order, which was entered the day after the firm filed suit on March 12th, with Judge Howell finding that the EO was unconstitutional and textbook “viewpoint discrimination plain and simple.” She also found that Trump’s “retaliatory animus” was clear from the language of the EO and related fact sheet.
Instead of having the matter proceed all the way to a trial, Judge Howell granted Perkins Coie’s Motion for Summary Judgment, entering a Permanent Injunction against all of the defendants. It’s truly noteworthy that the court entered summary judgment because the standard is high and most judges usually just let the case go to trial. In this instance, the Trump defendants put forth their best arguments and evidence, the court was required to assume it was true in the light most favorable to the defense, and TRUMP STILL LOST! So the fact that Judge Howell granted summary judgment in this case and entered this permanent bar against Trump’s EO is a very clear message being sent to him that she knows exactly what he’s about.
Trump even tried to get Judge Howell disqualified from the case, but that motion was denied. Trump also tried to get Perkins Coie’s Amended Complaint dismissed and that was denied. Instead, the court found that “the Trump Administration’s blunt exercise of power in EO 14230 to target Perkins Coie for adverse actions by every Federal agency violates the Constitution in multiple ways” including the First Amendment’s right to free speech, the Fifth Amendment’s guarantee of equal protection under the law, and the Sixth Amendment’s right to counsel.
Unlike some other Big Law firms which capitulated in advance or in the face of similar EOs, Perkins Coie and three other firms have refused to bend the knee. Their courage, and that of the law firms and lawyers who are bravely representing them, did not go unnoticed by Judge Howell: “If the founding history of this country is any guide, those who stood up in court to vindicate constitutional rights and, by so doing, served to promote the rule of law, will be the models lauded when this period of American history is written.”
Judge Howell also noted that those law firms that have opted to surrender to Trump’s demands and have entered into so-called deals with the Administration “have been spared, or had revoked, an Executive Order targeting them.” But those, like Perkins Coie, who have refused to bend the knee, are being retaliated against by Trump. Retribution clear as day, per Judge Howell. And she isn’t wrong.
As Judge Howell writes: “Using the powers of the federal government to target lawyers for their representation of clients and avowed progressive employment policies in an overt attempt to suppress and punish certain viewpoints, however, is contrary to the Constitution…” Her scathing Opinion should send a message to the Trump White House that the rule of law is not dead and that the Constitution is alive and well, at least in her courtroom. Other firms that may end up facing similar EOs should stand their ground and fight back against the Administration. After all, “the publicized deal terms appear only to forestall, rather than eliminate, the threat of being targeted in an Executive Order.”
As for us…Judge Howell’s decision should encourage Americans not to wave the white flag. There are brave, powerful judges who are still holding the line. We are made stronger by these important and crucial rulings and we should recognize them for what they are: PRO-DEMOCRACY wins.
There are a lot of delicious lines in this decision. She really gave it to him. He’s going to be very angry.
Thank you, Katie! This is the kind of news we need going into the weekend! ❤️