Earlier today, I wrote to you about a breaking development in the Trump administration’s war against four law firms that refused to capitulate last year. The news looked like a win for the rule of law: After a year of fighting, the Department of Justice abruptly decided to dismiss its appeal of a lower court judge’s decision, blocking the administration from taking negative action against the four firms. 

Shortly after Democracy Docket hit send on my piece, there was another, startling update: The Trump administration reversed its position and insisted that it would not dismiss the case. 

This mess all started shortly after Donald Trump took office, when he issued a series of executive orders targeting four firms — WilmerHale, Jenner & Block, Susman Godfrey and my former firm, Perkins Coie — with sanctions. The orders terminated government contracts, stripped lawyers of security clearances, and blocked access to federal buildings. 

Trump’s goal was clear: To intimidate the large institutions responsible for protecting democracy into backing down from the fight and capitulating to his will. From media organizations to nonprofit groups, Trump was trying to send a message. If you don’t bend the knee, you will be punished. 

The targeting of law firms was particularly pernicious. Unlike media organizations, for example, law firms have a responsibility to uphold the rule of law and defend their clients in cases adverse to the federal government. 

The executive orders also marked a turning point for Trump: It was one of his first overt attempts to weaponize the government against his opponents, and it was clear the firms weren’t targeted at random. It was no coincidence that the president sanctioned my former firm, Perkins Coie. The other firms were also chosen because their current or former partners had taken a stance that displeased Trump. 

That’s why yesterday’s news marked such a victory for democracy, and why today’s about-face spells such indignity. 

Having spent last night, no doubt, reviewing the slew of negative news clips indicating that Trump had given up his fight and democracy had prevailed, the Department of Justice decided to reverse course this morning. In its filing, the DOJ simply cited its “prerogative” to continue its appeal and informed the D.C. Circuit Court of Appeals that it would continue its legal crusade against these four law firms. 

Even for a Justice Department that has seemingly disregarded shame in its crusade to please Trump, this stands out among its worst actions.  

Never mind the fact that the executive orders were plainly unconstitutional. Set aside the fact that four different lower court judges had rejected cases. The Department of Justice itself had notified the court that it was dismissing its appeal.

Within the last 24 hours, nothing has happened to change the merits underlying the DOJ’s decision. However, there is one explanation: Apparently, the reversal was a direct result of Donald Trump and his top aide Stephen Miller’s own personal anger. 

I have spent the better part of last year sounding the alarm that the Department of Justice has been weaponized against Donald Trump’s political opponents. While many have heeded my warnings, others have insisted that while Trump may intervene in a handful of cases, a majority will be carried out by hard-working civil servants. 

That has always been an example of hope in the face of reality. That is simply not the world we live in. 

In my piece earlier today, I called out the cowardice of the nine law firms that were in a position to speak out against Trump’s executive orders, but chose to stay silent. They bear the bulk of the responsibility and shame for the situation we find ourselves in. Had they stood tall and supported the four courageous law firms that fought back, Trump would not feel as empowered to continue his crusade. 

While that is the legacy they will carry, they alone are not responsible. Hundreds of other law firms that were in a position to speak out chose to stay silent. The American Bar Association — the very organization whose oath attorneys swear by — refused to criticize the capitulating law firms. The legacy media failed to take a clear side when Trump targeted Big Law firms. Now, they are paying the price as Trump turns his attention to them. 

All of those institutions now have an opportunity to amend their past misdeeds and do the right thing. The law firms could file their own amicus briefs calling out the shameful actions of the president and his DOJ. The legacy media could publish editorials denouncing this reversal. 

But, unfortunately, I have learned to lower my expectations. 

That’s why in 2021, I started my own law firm. I didn’t want to worry about what large corporate clients might think about my advocacy against Donald Trump and my fight for voting rights in court. 

A year earlier, in 2020, I also started my own independent, pro-democracy media company — Democracy Docket — so that I could elevate the voices of those standing up to Trump without having to go through the legacy media filter. 

In the days and weeks to come, there is a vital role for all of us to play in recognizing what Donald Trump’s administration is doing to democracy. We must use our platforms to point out that Trump's DOJ is compromising the rule of law, and if we don’t act now, it will soon be too late.