Addressing Risks from Paul Weiss

Executive Orders

TLDR

This executive order targets law firm Paul Weiss, suspending security clearances, reviewing government contracts, restricting federal employee interactions, and alleging racial discrimination in the firm’s diversity policies. The order raises concerns about potential retaliatory motives, constitutional violations, impacts on legal independence, questionable discrimination allegations, and limited national security justification.

President Donald Trump issued an executive order targeting the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP (Paul Weiss). The order alleges misconduct by the firm, including undermining judicial integrity, engaging in racial discrimination through diversity policies, and actions deemed harmful to U.S. interests. Key provisions include:

  1. Security Clearance Review:

    • Immediate suspension of security clearances for individuals at Paul Weiss pending review.
    • Federal agencies must cease providing sensitive facilities or materials to the firm.

  2. Government Contracting:

    • Agencies must disclose any business dealings with Paul Weiss and review all contracts involving the firm.
    • Contracts with Paul Weiss may be terminated if deemed inconsistent with national interests.

  3. Access Restrictions:

    • Federal employees are advised to limit interactions with Paul Weiss employees.
    • Agencies are discouraged from hiring individuals affiliated with the firm unless a waiver is granted.

  4. Anti-Discrimination Enforcement:

    • The order emphasizes alignment with civil rights laws and criticizes Paul Weiss for alleged racial discrimination under diversity initiatives.

  5. General Provisions:

    • The order is subject to applicable laws and does not create enforceable legal rights for third parties.

Analysis and Critique:

  1. Targeting of Political Opponents:

    • The order specifically highlights past actions by Paul Weiss attorneys, such as Mark Pomerantz’s involvement in investigations against Trump, suggesting a retaliatory motive rather than a neutral policy goal. This raises concerns about abuse of executive power to punish perceived adversaries.

  2. Constitutional Concerns:

    • Similar actions against another law firm, Perkins Coie, were recently blocked by a federal judge for likely violating constitutional protections (e.g., First Amendment rights and due process). This new order risks similar legal challenges for viewpoint discrimination and retaliatory intent.

  3. Impact on Legal Profession:

    • Restricting access to government facilities and contracts for law firms could deter attorneys from representing clients or causes that conflict with the administration’s views, undermining the principle of independent legal advocacy.

  4. Racial Discrimination Allegations:

    • The order criticizes diversity policies as discriminatory without substantiating how these practices violate civil rights laws. This aligns with broader efforts by the administration to dismantle diversity initiatives but may lack legal merit.

  5. National Security Justification:

    • While framed as a national security measure, the order does not provide evidence that Paul Weiss poses a credible threat warranting such actions. This weakens the justification for suspending security clearances and terminating contracts.

Broader Implications:

This executive order reflects a pattern of targeting law firms associated with cases or individuals critical of President Trump. While framed as protecting national security and civil rights, its provisions appear politically motivated and risk significant legal challenges. If enforced, it could have chilling effects on the legal profession and erode trust in the impartiality of federal governance.

REFERENCES

  • 2025-03-14: Open Letter From Big Law Associates Calls for Law Firms ‘To Defend Their Colleagues’ — The open letter from Big Law associates calls for law firms to defend their colleagues against Trump’s actions targeting Perkins Coie and Covington & Burling, which they describe as attempts to bully firms out of challenging the administration. The letter had gathered about 280 anonymous signatures from associates across the Am Law 200 as of March 14, 2025, with signatories identifying themselves by firm and class year rather than by name.

The White House March 14, 2025

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1.

Background. Global law firms have for years played an outsized role in undermining the judicial process and in the destruction of bedrock American principles. Many have engaged in activities that make our communities less safe, increase burdens on local businesses, limit constitutional freedoms, and degrade the quality of American elections. Additionally, they have sometimes done so on behalf of clients, pro bono_,_or ostensibly “for the public good” — potentially depriving those who cannot otherwise afford the benefit of toplegal talent the access to justice deserved by all. MyAdministration will no longer support taxpayer funds sponsoring such harm.

My Administration has already taken action to address some of the significant risks and egregious conduct associated with law firms, and I have determined that similar action is necessary to end Government sponsorship of harmful activity by an additional law firm: Paul, Weiss, Rifkind, Wharton & Garrison LLP (Paul Weiss). In 2021, a Paul Weiss partner and former leading prosecutor in the office of Special Counsel Robert Mueller brought a pro bono suit against individuals alleged to have participated in the events that occurred at or near the United States Capitol on January 6, 2021, on behalf of the District of Columbia Attorney General.

In 2022, Paul Weiss hired unethical attorney Mark Pomerantz, who had previously left Paul Weiss to join the Manhattan District Attorney’s office solely to manufacture a prosecution against me and who, according to his co-workers, unethically led witnesses in ways designed to implicate me. After being unable to convince even Manhattan District Attorney Alvin Bragg that a fraud case was feasible, Pomerantz engaged in a media campaign to gin up support for this unwarranted prosecution.

Additionally, Paul Weiss discriminates against its own employees on the basis of race and other categories prohibited by civil rights laws. Paul Weiss, along with nearly every other large, influential, or industry leading law firm, makesdecisions around “targets” based on race and sex. MyAdministration is committed to ending such unlawful discrimination perpetrated in the name of “diversity, equity, and inclusion” policies and ensuring that Federal benefits support the laws and policies of the United States, including those laws and policies promoting our national security and respecting the democratic process. Those who engage in blatant discrimination and other activities inconsistent with the interests of the United States should not have access to our Nation’s secrets nor be deemed responsible stewards of any Federal funds.

Sec. 2.

Security Clearance Review.

(a) The Attorney General, the Director of National Intelligence, and all other relevant heads of executive departments and agencies (agencies) shall immediately take steps consistent with applicable law to suspend any active security clearances held by individuals at Paul Weiss and Mark Pomerantz, pending a review of whether such clearances are consistent with the national interest.

(b) The Office of Management and Budget shall identify all Government goods, property, material, and services, including Sensitive Compartmented Information Facilities, provided for the benefit of Paul Weiss. The heads of all agencies providing such material or services shall, to the extent permitted by law, expeditiously cease such provision.

Sec. 3.

Contracting.

(a) To prevent the transfer of taxpayer dollars to Federal contractors whose earnings subsidize, among other things, activities that are not aligned with American interests, including racial discrimination, Government contracting agencies shall, to the extent permissible by law, require Government contractors to disclose any business they do with Paul Weiss and whether that business is related to the subject of the Government contract.

(b) The heads of all agencies shall review all contracts with Paul Weiss or with entities that disclose doing business with Paul Weiss under subsection (a) of this section. To the extent permitted by law, the heads of agencies shall:

(i) take appropriate steps to terminate any contract, to the maximum extent permitted by applicable law, including the Federal Acquisition Regulation, for which Paul Weiss has been hired to perform any service;

(ii) otherwise align their agency funding decisions with the interests of the citizens of the United States; with the goals and priorities of my Administration as expressed in executive actions, especially Executive Order 14147 of January 20, 2025 (Ending the Weaponization of the Federal Government); and as heads of agencies deem appropriate. Within 30 days of the date of this order, all agencies shall submit to the Director of the Office of Management and Budget an assessment of contracts with Paul Weiss or with entities that do business with Paul Weiss effective as of the date of this order and any actions taken with respect to those contracts in accordance with this order.

Sec. 4.

Racial Discrimination.

Nothing in this order shall be construed to limit the action authorized by section 4 of Executive Order 14230of March 6, 2025 (Addressing Risks from Perkins Coie LLP).

Sec. 5.

Personnel.

(a) The heads of all agencies shall, to the extent permitted by law, provide guidance limiting official access from Federal Government buildings to employees of Paul Weiss when such access would threaten the national security of or otherwise be inconsistent with the interests of the United States. In addition, the heads of all agencies shall provide guidance limiting Government employees acting in their official capacity from engaging with Paul Weiss employees to ensure consistency with the national security and other interests of the United States.

(b) Agency officials shall, to the extent permitted by law, refrain from hiring employees of Paul Weiss, absent a waiver from the head of the agency, made in consultation with the Director of the Office of Personnel Management, that such hire will not threaten the national security of the United States.

Sec. 6.

General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
March 14, 2025.