I started this blog because I feared the worst: That judges, whom we hold in the highest regard as a country, as a Bar, as officers of the court, would purposely cave to the pressure of an unhinged executive whose only ambition seems to shred the Constitution in favor of a dictatorship.
Thankfully, the opposite has happened. GOOD federal judges are working overtime to bat back multiple attempts by Trump and his supporters to ignore the rule of law in the name of white supremacy. Using a playbook straight from 1938 Germany, this administration is attacking private law firms, long-trusted newspapers and career civil servants. Entire governmental departments have been forced into a quasi-retirement (if you can even call that), after years of devoted service to our nation.
Yes, until today, I had little content to post. There are no bad federal judges at this point. And when the President singled out one federal judge due to the President’s inability to respect a judicial order when it disagrees with his position, the highest judge in this land, Chief Justice Roberts, issued an unprecedented response that appeals, not impeachment, is the appropriate path forward. It seems that even a justice who is willing to give a president full immunity for his actions while in public office could not tolerate the idea that both the individual and his initiatives could proceed without any accountability.
Don’t get too comfortable
Unfortunately, there is some negative news to report. In the legal world, few firms are as storied, and well regarded, as Paul, Weiss. As a practicing attorney, and former law firm lawyer, I can tell you how smart and hardworking the individuals at this firm are. Yet, their leadership has failed them and in doing so failed our country. This week, in the face of an executive order by Trump that effectively took work away from the firm, stripping them of security clearances and banning them from federal buildings, the firm caved. There is a saying among litigators: you do not negotiate against yourself. Paul, Weiss didn’t even get that far. It simply made a deal adverse to its biggest interest of all: a strong judiciary.
We should all be very disturbed by this news. Dictators thrive in environments in which they can hold power through punishment. Law firms exist to guard against this type of bad actor, holding the mirror of justice up and reflecting the truth of what is legal and right.
In Paul, Weiss, we see an enabler of the worst kind. One who not only knows better, but has the privilege, the education and the law licenses to do better. I fear this will make the lawyer jokes even meaner. Who will trust the Bar when it can be bought?