Fact Sheet: President Donald J. Trump Prevents Abuses of the Legal System and the Federal Courts

Fact Sheets

TLDR

This “fact sheets” attempts to explain President Trump’s directive to the Attorney General to target lawyers who litigate against the federal government, threatening security clearances and contracts for firms that oppose administration policies. It follows retaliatory actions against major law firms, raises constitutional concerns about viewpoint discrimination, specifically targets immigration lawyers, and has been condemned by legal organizations as undermining the rule of law and the independence of the legal profession.

This “fact sheet” represents a disturbing escalation in President Trump’s ongoing campaign to intimidate and punish lawyers and law firms that represent clients or causes his administration opposes. Far from “preventing abuses,” this memorandum itself constitutes an abuse of executive power that threatens fundamental constitutional principles.

The memorandum directs the Attorney General to target attorneys who litigate against the federal government—the very essence of our adversarial legal system. This directive doesn’t aim to uphold ethical standards but rather to punish lawyers who challenge the administration’s policies. By threatening security clearances and government contracts, the administration is creating a chilling effect that undermines access to legal representation.

The timing is particularly revealing—this follows a pattern of retaliatory actions against major law firms. Since February 25, Trump has ordered security clearance revocations for employees at Paul Weiss, Perkins Coie, and Covington & Burling, and ordered reviews of their government contracts. Just yesterday, Paul Weiss capitulated to Trump’s demands, agreeing to abandon DEI policies and commit $40 million in pro bono services in exchange for withdrawal of an executive order targeting the firm.

This memorandum raises serious constitutional concerns:

  • It targets lawyers based on their clients and legal positions, constituting viewpoint discrimination and infringing on rights of free expression, association, and petition.
  • It seeks to punish entire firms without notice or opportunity to be heard.
  • The executive branch is attempting to adjudicate alleged misconduct, a function reserved for the judiciary and bar associations.

The memorandum’s specific focus on immigration lawyers is particularly troubling. It makes baseless accusations that immigration attorneys “coach clients to conceal their past or lie” without providing evidence. This targets lawyers who provide pro bono services to vulnerable populations seeking asylum, a legal right under U.S. and international law.

Legal professional organizations have strongly condemned these actions:

  • The New York State Bar Association stated that these orders “threaten to upend a bedrock principle of the American legal system” by vilifying lawyers for representing unpopular causes.
  • Judge Beryl Howell, who granted Perkins Coie a temporary restraining order against a similar executive action, noted that Trump’s directive seemed to infringe upon the firm’s First Amendment and due process rights.
  • The Law Society of England and Wales, along with 17 other legal professional organizations, has expressed concern that these actions “undermine the rule of law”.

This memorandum isn’t about upholding ethical standards—it’s about silencing opposition. By directing the Attorney General to review eight years of litigation against the government, it creates a mechanism for retroactive punishment of lawyers who challenged the previous Trump administration. The real goal appears to be intimidating the legal profession into compliance with the administration’s agenda.

The capitulation of Paul Weiss demonstrates the dangerous effectiveness of these tactics. As one attorney noted, this agreement “will instill greater fear in other law firms,” making them less likely to publicly advocate for the profession.

This memorandum represents a direct assault on the independence of the legal profession and the constitutional right to legal representation. It’s not accountability—it’s authoritarian intimidation.

ADDRESSING ATTORNEY MISCONDUCT: Today, President Donald J. Trump signed a memorandum to hold attorneys and law firms accountable for unethical conduct when litigating against the Federal government or pursuing baseless partisan attacks. The memorandum instructs the Attorney General to:

  • Prioritize seeking sanctions against attorneys and law firms that engage in frivolous, unreasonable, or vexatious litigation against the United States.
  • Prioritize enforcement of regulations governing attorney conduct and discipline. This directive also applies to the Secretary of Homeland Security.
  • Refer attorneys and law firms for disciplinary action when their conduct in Federal court or before any component of the Federal government appears to violate professional conduct rules.
  • Recommend additional consequences, including reassessing security clearances or terminating federal contracts, for attorneys and law firms that engage in conduct deserving of sanctions or other disciplinary action.
  • Review attorney and law firm conduct over the last eight years in litigation against the Federal government and recommend further actions if misconduct is identified.

PREVENTING ABUSES OF THE LEGAL SYSTEM AND FEDERAL COURTS: President Trump believes that lawyers and law firms must be held accountable when they engage in illegal or unethical conduct, especially when their misconduct threatens our national security, homeland security, public safety, or election integrity.

  • Examples of egregious unethical conduct, such as Marc Elias’ direct involvement in creating a false “dossier” to interfere with the 2016 presidential election, are too common in the legal profession.

  • The immigration system is likewise replete with examples of unscrupulous behavior by attorneys and law firms that undermine immigration enforcement.

    • The immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when seeking asylum.

    • Fact-checking these fraudulent claims imposes an enormous burden on the Federal government, and in turn undermines the integrity of our immigration laws.

  • Federal Rule of Civil Procedure 11 prohibits attorneys from engaging in certain unethical conduct, such as filing frivolous claims, presenting arguments not grounded in law, or making factual assertions without evidentiary support. Federal regulations establish similar attorney conduct standards, particularly in connection with immigration proceedings.

  • Frivolous lawsuits, bad-faith legal arguments, and blatant misrepresentations of fact burden the courts and waste taxpayer resources.

  • Lawyers and law firms that engage in unethical conduct often face little to no accountability—this memorandum delivers overdue enforcement.

A RETURN TO ACCOUNTABILITY: President Trump is delivering on his promise to end the weaponization of government and protect the nation from partisan and bad faith actors who exploit their influence.

  • This memorandum aligns with President Trump’s priority on refocusing government operations to serve the citizens of the United States.
  • It builds on President Trump’s previous actions, such as signing an Executive Order on his first day in office to end the weaponization of the Federal government and ensure accountability for past misconduct.
  • It follows his revocation of security clearances held by intelligence officials who falsely claimed Hunter Biden’s laptop was Russian disinformation during the 2020 election.
  • President Trump has also taken action to hold major law firms accountable, including Covington & Burling, Paul Weiss, and Perkins Coie.