A federal judge on Tuesday ruled that President Donald Trump’s attempt to punish an elite law firm associated with his political opposition was unconstitutional and directed the government not to enforce Executive Order 14250 signed in March.
US District Judge for the District of Columbia Richard Leon granted summary judgement for Wilmer Cutler Pickering Hale and Dorr, LLP (WilmerHale) on eight of eleven counts, including First, Fifth, and Sixth Amendment violations and ruled the executive order ultra vires, or an act beyond the scope of the president’s authority.
The president’s executive order impeded WilmerHale’s ability to do business by revoking security clearances, cancelling contracts with businesses using the law firm, and restricting attorneys’ access to federal buildings.
The firm argued that the order was retaliation for its past work representing clients and causes the president opposes, including FBI Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 US presidential election. More recently, the firm had filed a lawsuit in February on behalf of inspectors general at eight federal agencies who allege they were unlawfully fired by Trump.
The law firm filed a complaint in federal court one day after the executive order was issued in late March, claiming:
It is thus a core principle of our legal system that “one should not be penalized for merely defending or prosecuting a lawsuit.” F. D. Rich Co. v. United States ex rel. Indus. Lumber Co., 417 U.S. 116, 129 (1974)
The judgment issued Tuesday permanently enjoins all defendants in the lawsuit, including the Executive Office of the President, numerous federal agencies and two dozen federal officials, from implementing or giving effect to the executive order. Federal officials must immediately take steps to nullify or reverse any implementation that has already occurred. Lawyers for the president’s office and federal agencies must submit a status report to the court, ensuring compliance within a week.