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A federal judge issued a hold late Friday on specific aspects of President Donald Trump’s executive order aimed at the law firm Jenner & Block, one of the two firms associated with the Robert Mueller investigation that Trump wishes to penalize.
The temporary restraining order, announced by Judge John Bates following a swiftly arranged Friday hearing, halts parts of the order that require agencies to cancel contracts with the firm and its clients, in addition to limitations on the firm’s access to federal officials and facilities.
The hearing for Jenner & Block occurred mere minutes after another judge in the same courthouse listened to a similar plea from the law firm WilmerHale, which was also targeted by Trump in an executive order earlier this week.
During that session, US District Judge Richard Leon indicated he was “inclined” to temporarily obstruct parts of Trump’s executive order aimed at the firm, expressing concerns about how the order could suppress the firm’s legal endeavors.
Through his executive orders, Trump asserted that he was targeting Jenner & Block and WilmerHale due to their involvement in political issues he opposed and their connections to the Mueller investigation, as both firms have previously or currently employed individuals who were part of that inquiry.
Judge Leon, an appointee of former President George W. Bush, voiced concerns multiple times about how the president’s order could lead to clients seeking other legal representation if they had doubts regarding the capabilities of WilmerHale’s attorneys.
Trump’s directive instructs federal agencies to revoke the security clearances and access to government buildings for lawyers from the firm and limit hiring individuals from that firm. Furthermore, it requires agencies to scrutinize any contracts they may hold with the firm and strive to terminate them.
“Wouldn’t that uncertainty have a chilling effect?” Leon asked DOJ attorney Richard Lawson, noting that the order was “like a sword of Damocles hanging over (the firm’s) head.”
Leon seemed particularly worried about a clause in the executive order that prohibited the firm from accessing government facilities.
“This is a government building. The Supreme Court is a government building,” Leon stated.
When Lawson indicated that he could not confirm whether potential clients of WilmerHale would be concerned about their attorneys’ ability to enter courthouses, the judge appeared incredulous.
“Have you practiced law? Have you had clients?” he pressed. “Then use your common sense.”
Earlier this month, another judge in the courthouse issued a restraining order against a separate executive order from Trump that targeted the law firm Perkins Coie.
In court on Friday, attorney Clement told Leon that these three cases “are some of the most significant cases for the First Amendment and the rule of law,” further stating that preventing specific law firms from practicing “is not the tradition in our country.”
“If lawyers are constantly looking over their shoulder to determine whether to take a case or thinking, ‘How do I argue this? Should I be cautious … or defend my client passionately?’” Clement remarked.
This story is developing and will be updated.
