Lawfare wins again: Judge stops Trump from punishing Mueller-linked firm

President Donald Trump has attempted to deny special privileges to elite law firms directly or peripherally involved in the lawfare waged against him and his allies in recent years. Federal judges have sided with the law firms on every occasion, including on Tuesday in the case of a firm that long employed former special counsel and FBI Director Robert Mueller.

District Judge Richard Leon ruled that the president's order to deny security clearances and government contracts to WilmerHale was "unconstitutional" and "must be struck down in its entirety."

White House deputy press secretary Harrison Fields said in a statement to Blaze News, "The decision to grant any individual access to this nation’s secrets is a sensitive judgment call entrusted to the president."

'My Administration is committed to addressing the significant risks associated with law firms.'

"Weighing these factors and implementing such decisions are core executive powers, and reviewing the president's clearance decisions falls well outside the judiciary's authority," added Harrison.

Trump has taken aim in recent months at a number of law firms he reckons cannot be trusted with security clearances and whose "egregious conduct" disqualifies them from receiving taxpayer funds or contracts from the federal government.

After targeting Perkins Coie and the law firm Covington & Burling, Trump issued an executive order on March 27 directing Attorney General Pam Bondi, Director of National Intelligence Tulsi Gabbard, and other relevant agency heads to take all lawful measures to suspend active security clearances held by individuals at WilmerHale.

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In addition to directing the Office of Management and Budget to ensure WilmerHale was not leeching off government resources, Trump ordered federal agency heads to terminate any contracts with the firm "to the maximum extent permitted by applicable law."

"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," wrote Trump. "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."

'It likely violates multiple foundational safeguards enshrined in the Bill of Rights.'

Trump suggested that WilmerHale, specifically, "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."

The president hinted that there was a personal aspect to his animus toward WilmerHale, noting that the firm "rewarded" and welcomed Robert Mueller to the firm after he "wielded the power of the Federal Government to lead one of the most partisan investigations in American history."

The firm, represented by former U.S. Solicitor General Paul Clement, sued the Trump administration on March 28, calling the executive order both an "unprecedented assault" on the right to counsel and an "undisguised form of retaliation for representing clients and causes he disfavors or employing lawyers he dislikes."

"These 'personal vendetta[s]' are so facially improper that the first court to address the merits of one of these orders concluded that it likely violates multiple foundational safeguards enshrined in the Bill of Rights," said the firm's complaint.

Clement stated at the time of filing, "This litigation is not political. It is about protecting the fundamental independence of the bar."

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Judge Leon, who made liberal use of exclamation marks throughout his ruling, claimed that the provisions in Trump's order "constitute a staggering punishment for the firm's protected speech!"

"The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished!" wrote Leon.

"This is the President, in essence, wielding the investigative and prosecutorial powers of the State to punish and suppress WilmerHale's advocacy," he continued.

The judge ultimately issued a permanent injunction barring enforcement of the order, claiming that "to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!"

Leon's decision is the latest in an unbroken series of similar rulings in favor of law firms that Trump has accused of engaging in "egregious conduct" of a disqualifying nature.

Anjan Sahni, the firm's managing partner, said in a message to alumni, "This is a significant victory — not only for our firm and our clients, but also for the rule of law."