Law Firms
Jenner & Block’s rehiring of lead Mueller prosecutor cited in executive order targeting firm
Andrew Weissmann, former lead prosecutor in the Mueller investigation, at the National Board of Review’s 2023 Awards Gala on Jan. 8, 2023, in New York City. (Photo by John Nacion/STAR MAX/IPx via the Associated Press)
Jenner & Block has become the fourth BigLaw firm targeted by President Donald Trump in a punitive executive order.
The March 25 order calls for suspension of security clearances held by people at Jenner & Block, limits access to government buildings by Jenner & Block employees, seeks termination of its clients’ government contracts, and bars the federal government from hiring Jenner & Block employees absent a waiver.
Jenner & Block “is yet another law firm that has abandoned the profession’s highest ideals, condoned partisan ‘lawfare’ and abused its pro bono practice to engage in activities that undermine justice and the interests of the United States,” the order declares.
The order criticizes the firm’s diversity practices, its representation in cases involving transgender and immigration issues, and its rehiring of the lead prosecutor working with former special counsel Robert Mueller.
A Jenner & Block spokesperson provided this statement to the ABA Journal: “Jenner & Block has had a long history representing clients, paid and pro bono, in their most difficult matters since 1914. Today, we have been named in an executive order similar to one which has already been declared unconstitutional by a federal court. We remain focused on serving and safeguarding our clients’ interests with the dedication, integrity and expertise that has defined our firm for more than 100 years and will pursue all appropriate remedies.”
Publications with coverage of the order include Law.com (here and here) and Reuters.
The order criticizes Jenner & Block’s April 2020 rehiring of Andrew Weissmann. He is the former lead prosecutor for what the order calls the “entirely unjustified” investigation by Mueller, who examined coordination between the Russian government and the Trump campaign.
Weissmann left Jenner & Block in 2021 and is currently listed as a professor at the New York University School of Law.
Mueller’s investigation found that Trump did not collude with the Russian government to interfere with the 2016 election and found insufficient evidence to establish that Trump obstructed the special counsel probe.
The order also said Jenner & Block “engages in obvious partisan representations to achieve political ends.” The order appeared to criticize the firm’s involvement in lawsuits against the administration seeking to restore funding for gender-affirming medical care and seeking to allow immigrants to remain in the United States while asylum claims are pending.
Jenner & Block is also accused in the order of using race-based targets in a way that discriminates against its employees.
Three other firms previously targeted in Trump’s executive orders are Covington & Burling; Perkins Coie; and Paul, Weiss, Rifkind, Wharton & Garrison.
Perkins Coie responded with a suit, while Paul Weiss reached an agreement with Trump that led to lifting of the order. The agreement requires Paul Weiss to dedicate $40 million in pro bono legal services to support Trump administration initiatives, including projects that include veterans assistance, fairness in the justice system and a presidential task force on antisemitism.
A federal judge who entered a temporary restraining order in the Perkins Coie challenge said the firm was likely to succeed on its First Amendment and due process claims.
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