Trump places a "sword of Damocles" over the American legal system

Trump is instructing Attorney General Pam Bondi to focus on lawyers and law firms “who engage in frivolous, unreasonable, and vexatious litigation against the United States."

Trump places a "sword of Damocles" over the American legal system
President Donald Trump is intensifying his attacks on the American legal system, instructing Attorney General Pam Bondi to take action against lawyers and law firms that oppose him.

The Trump administration has been increasingly confrontational towards the legal system, including judges who have ruled against his policies and legal professionals he perceives as adversaries.

A memo disseminated late Friday titled “Preventing Abuses of the Legal System and the Federal Court” marks a significant escalation in Trump's efforts to sanction law firms he believes have wronged him, now invoking the full authority of the Department of Justice to impose penalties.

“Lawyers and law firms that engage in actions that violate the laws of the United States or rules governing attorney conduct must be efficiently and effectively held accountable,” the memo states.

In the document, Trump instructs Bondi to pursue sanctions against attorneys and firms engaged in “frivolous, unreasonable, and vexatious litigation against the United States.” He also urges Bondi and Secretary of Homeland Security Kristi Noem to “prioritize enforcement” of appropriate attorney conduct.

The memo warns that any unethical or unprofessional actions could lead to disciplinary measures, such as revoking security clearances and federal contracts—a tactic Trump has repeatedly utilized against firms representing his challengers.

The enforcement scope will be retroactive, with instructions to Bondi to review the conduct of lawyers and law firms over the past eight years for any misconduct.

Trump has previously targeted federal judges who have ruled against him on major issues, such as the deportation of migrants. For instance, he called for the impeachment of U.S. District Judge James Boasberg after Boasberg paused deportations of immigrants to El Salvador.

The recent memorandum arrives at a time when many law firms are apprehensive about the potential consequences from Trump's threatened retribution. Several attorneys shared their concerns after executive orders that specifically targeted law firms perceived to be aligned with his political adversaries.

The first retaliatory action Trump took was against Covington & Burling in February, where he stripped security clearances from lawyers and staff who provided legal assistance to Jack Smith, the federal prosecutor pursuing criminal charges against him. Trump frequently cites the “weaponization” of the legal system against him, particularly in relation to Smith’s prosecution.

Following that, Trump suspended security clearances for Perkins Coie, a Seattle-based law firm that commonly represents Democratic organizations, including the Democratic National Committee.

However, Trump faced legal challenges over his actions regarding Perkins Coie after District Judge Beryl Howell determined that significant portions of Trump’s order appeared unconstitutional and likely motivated by “retaliatory animus.” The Justice Department subsequently sought to have Howell removed from the case.

More recently, Trump's suspension of security clearances extended to lawyers at the New York firm Paul, Weiss, targeting the firm’s connection to Mark Pomerantz, who had investigated Trump at the Manhattan District Attorney’s Office but had not been employed there for years.

After enacting measures that limited the firm's access to government buildings and barred them from federal contracts, Trump announced a compromise with the firm on Thursday. He rescinded his punitive order after they agreed to abandon their diversity policies, provide free legal services to clients across a “full spectrum of political viewpoints,” and offer free legal aid for some of Trump’s favored initiatives.

Despite this, Trump’s new memo indicates that this is just the beginning of his campaign against law firms.

He cites examples of “grossly unethical misconduct,” referencing Marc Elias of the Elias Law Group, one of the nation’s leading Democratic attorneys. Elias, who previously worked for Hillary Clinton’s 2016 presidential campaign while at Perkins Coie and was involved in commissioning the controversial Steele dossier, expressed his resolve amid fears of retribution.

“Now that Trump has proven to be a ruthless autocrat, too many have grown timid and silent,” Elias wrote on his website Democracy Docket. “That is simply not who I am. It is not what I believe, and it is not what I will do.”

In his memorandum, Trump also criticizes “powerful Big Law pro bono practices,” alleging they instruct asylum-seekers to fabricate their claims.

“Law firms and individual attorneys have a great power, and obligation, to serve the rule of law, justice, and order,” the memo notes. “The Attorney General, alongside the Counsel to the President, shall report to the President periodically on improvements by firms to capture this hopeful vision.”

Emily Johnson for TROIB News