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| Pix Credit here Octavian Proscription Letter |
The proscription list of law firms and lawyers continues to grow--slowly by comparison to the proscription lists of the late Roman Republic and early Empire. Bit perhaps slow and steady is the marker of the difference between Roman and American approaches to things like this. For discussion about and text of prior orders see Next on the Block: President Trump Issues an Executive Order -- "Addressing Risks from Jenner & Block".
On 27 March 2025 President Trump issued his "Addressing Risks From WilmerHale Presidential Actions, Executive Orders." It follows below. And again, as in prior exercises of this sort, Section 1 (the background) provides the most interesting and provocative part of the order. And as in the other cases, the details suggest the accumulated reasons why the Trump Administration might detest the firm and at least some of its members by engaging in political actions and associating with people in office that the Administration does not like.
Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale) is yet another law firm that has abandoned the profession’s highest ideals and abused its pro bono practice to engage in activities that undermine justice and the interests of the United States. For example, WilmerHale engages in obvious partisan representations to achieve political ends, supports efforts to discriminate on the basis of race, backs the obstruction of efforts to prevent illegal aliens from committing horrific crimes and trafficking deadly drugs within our borders, and furthers the degradation of the quality of American elections, including by supporting efforts designed to enable noncitizens to vote. Moreover, WilmerHale itself discriminates against its employees based on race and other categories prohibited by civil rights laws, including through the use of race-based “targets.”
WilmerHale is also bent on employing lawyers who weaponize the prosecutorial power to upend the democratic process and distort justice. For example, WilmerHale rewarded Robert Mueller and his colleagues — Aaron Zebley, Mueller’s “top aide” and “closest associate,” and James Quarles — by welcoming them to the firm after they wielded the power of the Federal Government to lead one of the most partisan investigations in American history. Mueller’s investigation epitomizes the weaponization of government, yet WilmerHale claimed he “embodies the highest value of our firm and profession.” Mueller’s “investigation” upended the lives of public servants in my Administration who were summoned before “prosecutors” with the effect of interfering in their ability to fulfill the mandates of my first term agenda. This weaponization of the justice system must not be rewarded, let alone condoned.
And again the issue here raises, even if the President does not, the broader issue of the nature of rule of law in a context in which some might come to believe that rule of law is the means by which politics is now undertaken, and that, as a consequence, the rules of political engagement ought to apply to the rule of law (at least in certain context--the parameters of which are so unclear it is not yet possible to even frame the question). Discussed briefly here: Academic Leadership Responds to the President Trump's Directives: Statement of Leaders of the Association of American Law Schools, "Standing Together in Support of Higher Education and the Legal Profession" and "Bar Organizations’ Statement in Support of the Rule of Law"
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.
My Administration is committed to addressing the significant risks
associated with law firms, particularly so-called “Big Law” firms, that
engage in conduct detrimental to critical American interests. Many
firms take actions that threaten public safety and national security,
limit constitutional freedoms, degrade the quality of American
elections, or undermine bedrock American principles. Moreover, law
firms regularly conduct this harmful activity through their powerful pro
bono practices, earmarking hundreds of millions of their clients’
dollars for destructive causes, that often directly or indirectly harm
their own clients. Lawyers and law firms that engage in such egregious
conduct should not have access to our Nation’s secrets, nor should such
conduct be subsidized by Federal taxpayer funds or contracts.
Wilmer
Cutler Pickering Hale and Dorr LLP (WilmerHale) is yet another law firm
that has abandoned the profession’s highest ideals and abused its pro
bono practice to engage in activities that undermine justice and the
interests of the United States. For example, WilmerHale engages in
obvious partisan representations to achieve political ends, supports
efforts to discriminate on the basis of race, backs the obstruction of
efforts to prevent illegal aliens from committing horrific crimes and
trafficking deadly drugs within our borders, and furthers the
degradation of the quality of American elections, including by
supporting efforts designed to enable noncitizens to vote. Moreover,
WilmerHale itself discriminates against its employees based on race and
other categories prohibited by civil rights laws, including through the
use of race-based “targets.”
WilmerHale is also bent on employing
lawyers who weaponize the prosecutorial power to upend the democratic
process and distort justice. For example, WilmerHale rewarded Robert
Mueller and his colleagues — Aaron Zebley, Mueller’s “top aide” and
“closest associate,” and James Quarles — by welcoming them to the firm
after they wielded the power of the Federal Government to lead one of
the most partisan investigations in American history. Mueller’s
investigation epitomizes the weaponization of government, yet WilmerHale
claimed he “embodies the highest value of our firm and profession.”
Mueller’s “investigation” upended the lives of public servants in my
Administration who were summoned before “prosecutors” with the effect of
interfering in their ability to fulfill the mandates of my first term
agenda. This weaponization of the justice system must not be rewarded,
let alone condoned.
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
WilmerHale, 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 WilmerHale. The heads of 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
WilmerHale and whether that business is related to the subject of the
Government contract.
(b) The heads of agencies shall review all
contracts with WilmerHale or with entities that disclose doing business
with WilmerHale 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
WilmerHale has been hired to perform any service; and
(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, agencies shall submit to the Director of the
Office of Management and Budget an assessment of contracts with
WilmerHale or with entities that do business with WilmerHale 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 14230 of March 6, 2025
(Addressing Risks from Perkins Coie LLP).
Sec. 5. Personnel.
(a) The heads of agencies shall, to the extent permitted by law,
provide guidance limiting official access from Federal Government
buildings to employees of WilmerHale 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 agencies shall provide
guidance limiting Government employees acting in their official capacity
from engaging with WilmerHale 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 WilmerHale, 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.
(c)
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 27, 2025.
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