By C. Ryan Barber
A federal judge on Tuesday struck down President Trump's executive order against the law firm WilmerHale, adding to a drumbeat of decisions that have rebuffed the White House campaign against the legal industry as unconstitutional.
In a 73-page opinion, Judge Richard Leon of the U.S. District Court in Washington. D.C., said the executive order unconstitutionally infringed on freedoms that preserve an "independent bar willing to tackle unpopular cases, however daunting."
"I have concluded that this Order must be struck down in its entirety as unconstitutional. Indeed, to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!" added Leon, an appointee of former Republican President George W. Bush.
Leon's ruling comes two months after the White House issued an executive order against WilmerHale, singling out the firm over its ties to Robert Mueller, who as special counsel led the investigation into Russian interference in the 2016 election. Last week, another judge similarly rejected the White House's executive order against Jenner & Block, another law firm that drew Trump's scorn over its ties to Mueller.
In that order, the White House cited Jenner & Block's ties to Andrew Weissmann, a former partner at the firm who previously served as a top member of Mueller's special counsel team. "He's a bad guy," Trump said after signing the order.
Mueller's inquiry cast a cloud over Trump's first presidential term. The special counsel's team found contacts between Russia-linked entities and Trump campaign officials ahead of the 2016 election though it concluded there was insufficient evidence of a criminal conspiracy between the Trump campaign and Russia.
Mueller rejoined Wilmer Hale after his two-year tenure as special counsel concluded and retired in 2021. In the WilmerHale executive order, Trump said the firm employed lawyers like Mueller who used their powers to "upend the democratic process and distort justice."
In his ruling Tuesday, Leon said Trump's executive order effectively sought to sideline the firm.
"By barring WilmerHale attorneys from federal buildings, prohibiting their engagement with federal employees, and suspending their security clearances, the Order effectively prevents the firm's attorneys from representing their clients in criminal matters," he wrote.
Trump has handed down several executive orders that target law firms by seeking to strip security clearances from lawyers, restrict their access to federal buildings and direct agencies to review contracts with their clients.
Four firms chose to fight in court, including Wilmer Hale and Jenner & Block. The law firm Perkins Coie had also won a ruling striking down an executive order against it.
U.S. District Judge Judge Beryl Howell, an Obama appointee, ruled that the executive order against Perkins Coie was unconstitutional and an "unprecedented attack" on foundational principles ensuring lawyers' independence.
A fourth firm, Susman Godfrey, received temporary relief after challenging an executive order and is awaiting a further ruling.
Other firms, fearful of the effect such an order would have on their businesses, chose to negotiate with the administration.
An executive order against Paul Weiss was later withdrawn after it reached a settlement with the White House that included $40 million in pro bono work to causes supported by the Trump administration, such as supporting veterans. A succession of other elite firms quickly struck similar deals to avoid punishing orders. In total, the Trump administration secured about $1 billion in pro bono commitments from the settling firms. Some in the legal industry have criticized the deals as them as capitulations to Trump's demands.
The Trump administration has criticized the decisions but has yet to appeal. In court, a lawyer for the Trump administration has justified the orders by saying that the president has broad discretion over national-security issues and clearances.
Write to C. Ryan Barber at ryan.barber@wsj.com
(END) Dow Jones Newswires
May 27, 2025 17:59 ET (21:59 GMT)
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