In attacks on law firms, universities and other American institutions, President Trump relies on illusions. The illusion is that institutions are helpless to fight back, and they face choice between principles and survival.
These agencies do not need to surrender to Trump. They have a realistic path to defeating his threats. Several law firms have begun fighting. In doing so, they provided the beginning of a playbook to confront his attempts to undermine core doctrines of American democracy, such as due process, freedom of speech, and the constitutional system of checks and balance.
For those who are skeptical of the idea and view Trump as full capacity, it is worth recognizing that the law firm has already won a court decision blocking Trump's executive order against them. Many legal analysts believe the High Court will similarly reject the order as illegal. It is also worth remembering many legal defeats of Trump's first term. Courts, including the Supreme Court, have refused to make efforts to overturn the results of the 2020 presidential election. It prevented him from adding citizenship questions to the census. and blocked his family and segregation policies at the southern border. The grassroots political movement helped defeat efforts to abolish Obamacare, despite Republicans controlling both the House and Senate.
Yes, Trump took a more extreme approach to enforcement in his second term. He won some early policy victories and he would win more. Nevertheless, he faces real constraints on his power. Certainly, the most likely path to American dictatorship relies on not only power-hungry presidents, but also on the voluntary surrender of civil society that coerced. It relies on the false belief that the president is invincible. Anyone who deals with schoolyard bullies should be aware of this principle. The invincible fantasy is often his greatest asset.
I understand why leaders at key institutions are nervous. It takes courage to compete against the US president. This is a moment of courage.
The playbook begins With the recognition that surrender is destined. Like Columbia University, some law firms and businesses are clearly taking another bet. However, the law firm's example illustrates the issue of surrender.
Trump has signed an executive order that punishes several businesses that have done nothing wrong. They simply hired lawyers who represented Democrats, defended liberal causes, or participated in Trump's investigation. The order does not have any meaningful legal arguments, but it still contains serious punishments. They are trying to prohibit corporate lawyers from entering federal buildings and meeting with federal officials. This is a provision that prevents businesses from representing many clients.
One company subject to the executive order – Paul, Weiss – has surrendered and promised concessions, including $40 million in pro bono work for a Trump-friendly cause. Three other companies – Milbank. Skadden, Arps; and Wilkie Far & Gallagher – actively agreed to a deal with the White House and made their own concessions.
An important fact about these agreements is that they do not contain binding commitments from the White House. Trump can threaten businesses again whenever he chooses and requests further concessions. These companies are in a virtual receivership to Trump. Columbia likewise succumbed after Trump threatened federal funds. The university didn't even win that funding recovery when it agreed to his demands. It simply won permission to begin negotiations with the administration.
Trump's influence over compliant law firms should be particularly calm for clients. Companies have shown an eagerness to abandon clients who are unhappy with the federal government. That doesn't look like the quality required by a lawyer. “Once you make a concession, it's hard to never make it again,” Princeton University president and training law scholar Christopher Eisleber said when discussing the attack on higher education.
The second item The playbook has legitimate process claims. The American legal system has steps to address various Trump allegations against these agencies. If the law firm is acting inappropriately, the court can punish them. If the university violates the civil rights of its students – for example, by tolerating anti-Semitism, the Department of Justice can charge. These processes allow each side to present evidence. They prevent abuse of power and establish basic rules that other organizations can follow.
Trump may win some cases of following legitimate procedures, but that's fine. Some universities allow Jewish students to be in fact threatened. However, the appropriate remedy is not arbitrary intentional cancellation of unrelated research funding, but may slow treatment for cancer, heart disease, and childhood illnesses. Colombia was able to adopt the wrong strategy in both directions. It was too late to solve the problem and I fell for Trump. Both other universities must take turns to get homes and be ready to sue the administration.
The models are provided by three law firms (Jenner & Block, Perkins Coie and Wilmerhale) who filed lawsuits to block Trump's executive order. So far, they have won in court. Importantly, they won the support of many conservatives. As a counterpart on the Wall Street Journal's editorial board wrote, Trump's campaign against law firms “breaks the principles of the cornerstone of American justice.”
Perhaps the most successful Republican defender on the Supreme Court, Paul Clement, represented Wilmer Hale and wrote an outline of lightning instead. “Therefore, the core principles of our legal system “should not be punished for simply defending or prosecuting a case,” Clement wrote, citing the 1974 Supreme Court decision. He described Trump's order as “an unprecedented attack on that bedrock principle.” Judge Richard Leon, appointee of George W. Bush, granted Mr Clement's request for a temporary restraining order.
This pattern should give law firms confidence that they will continue to win as long as they fight. The Supreme Court is deeply conservative on many issues and supports a vast definition of enforcement. But it has previously opposed Trump, and conservative legal experts who share the court's outlook are shaking at his attack on the legal system.
Institutions that stand up to Trump must prepare to make the sacrifices. Universities may have to spend more donations, as they do in recessions. Legal partners may lose some income. But they can afford it. Paul's partner Weiss averaged $6.6 million in 2023. One mistake the obedient law firm made was to imagine that they could emerge unharmed after Trump targeted them. It costs money to fight him, and surrender costs money. Already, some students at Top Law Schools say they won't interview companies like Skadden anymore. “We are not trying to sacrifice moral values,” said one Georgetown University student.
Finally, the playbook They are particularly sought for solidarity among agencies that Trump has not yet targeted. His initial response to his executive orders from many other law firms is opposed to solidarity. They reportedly stole clients from the threatened companies and tried to hire lawyers. Most large companies also refused to sign legal summary defending the industry. Their meekness is ultimately self-defeating. The campaign to conquer the law firm will either be defeated or expanded.
I'm pleased that other companies have made comments. Better yet, several companies, Williams & Connolly, Cooley, and Clement & Murphy, represent three battles with the executive order. Also, corporate executives can make a difference by making it clear even personally that they won't abandon the law firms they're attacking. The business world is in danger. The US has a large share of financial and business activities as investors believe the rule of law is prevailing here. If political power replaces the contract and the rule of law instead, American businesses will suffer.
It is inherently difficult to stand up against abuse of power. It's also exciting. Those who do so often look proudly on their actions and are justly celebrated after the crisis has passed. But the crisis usually doesn't end on your own. It takes courage and action to resolve them.
