Addressing Remedial Action By Paul Weiss
TLDR
This executive order revokes a previous order (14237) targeting law firm Paul Weiss. The revocation follows the firm’s alleged agreement to acknowledge “wrongdoing” by a former partner, adopt political neutrality, take on diverse pro bono matters, commit to “merit-based” hiring instead of DEI policies, and provide $40M in pro bono services for Trump administration causes. Significant discrepancies exist between Trump’s claims and Paul Weiss’s internal communications. Critics view this as a dangerous precedent undermining legal independence, as the firm capitulated to presidential pressure rather than challenging what a federal judge had indicated was likely an unconstitutional order in a similar case.
President Trump has revoked his previous Executive Order 14237 that had targeted the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP. This revocation comes after what the president describes as the firm’s agreement to make significant policy changes.
The original executive order from March 14, 2025 had directed federal agencies to strip Paul Weiss of security clearances, restrict access to federal buildings, and terminate government contracts with the firm. The order targeted Paul Weiss due to its past involvement in litigation related to the January 6, 2021 Capitol riot and its association with Mark Pomerantz, who had investigated Trump for the Manhattan district attorney’s office.
According to the executive order, Paul Weiss has agreed to:
- Acknowledge “wrongdoing” by former partner Mark Pomerantz
- Adopt political neutrality in client selection and hiring
- Take on pro bono matters across the political spectrum
- Commit to “merit-based” hiring instead of DEI policies
- Provide $40 million in pro bono legal services for Trump administration causes
However, there are significant discrepancies between what Trump claims was agreed to and what Paul Weiss communicated internally:
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Trump’s Truth Social post claimed Paul Weiss agreed it “will not adopt, use, or pursue any DEI policies,” but this language was absent from the firm’s internal communication.
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The White House statement claimed firm chairman Brad Karp acknowledged “wrongdoing” by Pomerantz, but this was also omitted from the firm’s internal communications.
This capitulation by Paul Weiss represents a dangerous precedent for the rule of law in America for several reasons:
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Rather than challenging an unconstitutional order as Perkins Coie successfully did, Paul Weiss surrendered to presidential pressure. A federal judge had already ruled that a similar order targeting Perkins Coie was likely unconstitutional and issued a temporary restraining order against it.
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The agreement sets a precedent that law firms can be coerced into abandoning certain clients or causes through executive pressure. This undermines the fundamental principle that lawyers should be free to represent clients without fear of government retaliation.
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By rewarding Trump’s executive order with compliance, Paul Weiss has incentivized similar actions in the future. As noted by commentators, “The authoritarians accept each capitulation and stay on the attack. They don’t rest.”
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The legal profession’s independence from government control is essential to the rule of law. This capitulation signals that even powerful law firms can be intimidated into compliance with presidential demands.
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The firm’s decision to surrender rather than fight has been widely condemned within the legal community as “disgraceful and cowardly”, with some attorneys even resigning from their positions in protest.
The revocation of Executive Order 14237 represents not a victory for reconciliation but rather a troubling example of how executive power can be wielded to intimidate legal institutions. By capitulating to presidential demands rather than challenging an unconstitutional order, Paul Weiss has potentially damaged not only its own reputation but also the independence of the legal profession and the rule of law in America. As one commentator noted, “The end of that game is oppression and shame”.
REFERENCES
- 2025-03-25: Law firms refuse to represent Trump opponents in wake of his attacks | The Washington Post — Law firms are refusing to represent Trump opponents due to his attacks, threatening constitutional rights and weakening efforts to challenge his actions in court. Trump has used executive orders to target powerful law firms, banning their lawyers from government buildings and barring companies with federal contracts from employing them. The campaign is having a chilling effect on lawyers’ willingness to defend Trump’s opponents or contest his actions, with some former officials struggling to find legal representation.
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.
On March 14, 2025, I signed Executive Order 14237 (Addressing Risks from Paul Weiss) to address certain issues related to Paul, Weiss, Rifkind, Wharton & Garrison LLP (Paul Weiss). I noted that “[g]lobal law firms have for years played an outsized role in undermining the judicial process and in the destruction of bedrock American principles.” Paul Weiss is one of many law firms that have participated in this harmful activity.
Earlier this week, though, Paul Weiss indicated that it will engage in a remarkable change of course. Specifically, Paul Weiss has acknowledged the wrongdoing of its former partner Mark Pomerantz, and it has agreed to a number of policy changes to promote equality, justice, and the principles that keep our Nation strong, including: adopting a policy of political neutrality with respect to client selection and attorney hiring; taking on a wide range of pro bono matters representing the full political spectrum; committing to merit-based hiring, promotion, and retention, instead of “diversity, equity, and inclusion” policies; dedicating the equivalent of $40 million in pro bono legal services during my term in office to support causes including assisting our Nation’s veterans, fairness in the justice system, and combating anti-Semitism; and other similar initiatives.
This development should give Americans hope. If the legal profession dedicates a fraction of its energy to bringing justice to local communities, unleashing hard-working businesses, strengthening the American family, and unifying ourNation, all Americans will benefit.
Sec. 2.
Revocation.
I hereby revoke Executive Order 14237 of March 14, 2025 (Addressing Risks from Paul Weiss).
Sec. 3.
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.
THE WHITE HOUSE,
March 21, 2025.