On May 2, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia issued a ruling striking down President Trump’s Executive Order targeting the law firm Perkins Coie. The decision found the Executive Order unconstitutional and labeled it “an unprecedented attack” on foundational principles of the American judicial system.
“Using the powers of the federal government to target lawyers for their representation of clients and avowed progressive employment policies in an overt attempt to suppress and punish certain viewpoints, however, is contrary to the Constitution, which requires that the government respond to dissenting or unpopular speech or ideas with ‘tolerance, not coercion,’” Judge Howell wrote.
According to leading whistleblower attorney Stephen M. Kohn, this ruling is “extremely important for whistleblower attorneys and their clients, who may be very unpopular.”
Kohn is a founding partner of the whistleblower law firm Kohn, Kohn & Colapinto, who joined more than 500 law firms in filing an amicus brief in support of Perkins Coie’s lawsuit seeking a permanent injunction against the Executive Order.
The Executive Order targeting Perkins Coie was part of a string of orders from President Trump seeking to enact retributive actions against law firms performing “political” representation and utilizing diversity-focused hiring practices. The order cited Perkins Coie’s representation of former Presidential candidate Hilary Clinton and their undertaking of election law cases as threats to “democratic elections, the integrity of our courts, and honest law enforcement.” The Order sought to suspend the security clearance of Perkins Coie employees, prohibit their access to federal buildings, cancel government contracts with the firm, and to review the hiring practices of the firm.”
“Lawyers have an ethical duty to ensure the integrity of their profession and to prevent the government from interfering with the right to counsel,” Kohn said when the amicus brief was filed. “Whistleblowers are particularly at risk for retaliation and having their lawyers inappropriately bullied. If the government can engage in such tactics, it’s open season for retaliation from state and local governments and large corporations on whistleblowers and their counsel.”