President to Government Contractors: Don't Hire Lawyers I Don't Like

With the advent of a second Donald Trump administration, I had expected significant policy and enforcement changes that would have a direct, daily impact on the operations and management of federal contractors. In many ways, my expectation (aka recognition of the obvious) has proved correct. Indeed, President Trump has issued a plethora of executive orders intended to turn the ship of state on a dime to suit his goals.

Ok, fine – all that’s huge but not outside the realm of possibility. However, in recent weeks, the administration has ventured into territory that not only is unexplored—it’s incomprehensible. In particular, I speak of the recent Executive Orders that specifically targeted three law firms—Perkins Coie, Paul Weiss, and, most recently, Jenner & Block. Respectively entitled Addressing Risks from Perkins Coie LLP, Addressing Risks from Paul Weiss, and Addressing Risks from Jenner & Block, these orders direct federal agencies to suspend security clearances, restrict firm employees from accessing federal buildings, and to cease providing federal “goods, property, material, and services” to the firms.

But the orders go on to threaten government contractors and interfere with their choice of counsel pursuant to these Orwellian boilerplate provisions:

Sec. 3.  Contracting.  (a)  To prevent the transfer of taxpayer dollars to Federal contractors whose earnings subsidize, among other things, activities that are not aligned with American interests, including racial discrimination, Government contracting agencies shall, to the extent permissible by law, require Government contractors to disclose any business they do with [INSERT FIRM NAME] and whether that business is related to the subject of the Government contract.

(b)  The heads of agencies shall review all contracts with [INSERT FIRM NAME] or with entities that disclose doing business with [INSERT FIRM NAME] under subsection (a) of this section.  To the extent permitted by law, the heads of agencies shall:

(i) take appropriate steps to terminate any contract, to the maximum extent permitted by applicable law, including the Federal Acquisition Regulation, for which [INSERT FIRM NAME] has been hired to perform any service; and

(ii)  otherwise align their agency funding decisions with the interests of the citizens of the United States; with the goals and priorities of my Administration as expressed in executive actions, especially Executive Order 14147 of January 20, 2025 (Ending the Weaponization of the Federal Government); and as heads of agencies deem appropriate.  Within 30 days of the date of this order, agencies shall submit to the Director of the Office of Management and Budget an assessment of contracts with [INSERT FIRM NAME] or with entities that do business with [INSERT FIRM NAME] effective as of the date of this order and any actions taken with respect to those contracts in accordance with this order.

With this understanding, the President cancelled his order that targeted Paul Weiss. President Trump is (to use his favorite pejorative) “weaponizing” the federal government to threaten federal contractors with the loss of their contracts if they’ve ever been represented by (or even done business with) these firms. We wonder which firm will next find their names filling those blanks.

The message to federal contractors truly recalls the Bard’s infamous quote—“The first thing we do, let’s kill all the lawyers.” We know from news reports and court filings that these firms have discerned that these orders are posing existential crises for them. Paul Weiss buckled under the pressure when it entered into a Faustian bargain with President Trump. In cancelling the order targeting Paul Weiss, the President stated:

Paul Weiss indicated that it will engage in a remarkable change of course. Specifically, Paul Weiss has acknowledged the wrongdoing of its former partner Mark Pomerantz, and it has agreed to a number of policy changes to promote equality, justice, and the principles that keep our Nation strong, including:  adopting a policy of political neutrality with respect to client selection and attorney hiring; taking on a wide range of pro bono matters representing the full political spectrum; committing to merit-based hiring, promotion, and retention, instead of “diversity, equity, and inclusion” policies; dedicating the equivalent of $40 million in pro bono legal services during my term in office to support causes including assisting our Nation’s veterans, fairness in the justice system, and combating anti-Semitism; and other similar initiatives.

Paul Weiss surely will claim otherwise, but its agreement, as described by the President, reflects a promise not to hire personnel, represent clients, or provide free legal services unless they feel assured they will not offend the President. I get that the firm had to weigh its economic interests, but if President Trump’s authoritarian actions are met with capitulation by the largest legal powerhouses on the planet, then the bedrock principles that undergird our legal system truly are in peril. That’s why we applaud Perkins Coie and its counsel, Williams & Connolly, for their refusal to cave.

We government contracts lawyers regularly represent our clients when they have disputes with the Government. We do so (usually) with the understanding that, while our clients might be ticked off about this change order or that award to a competitor, our clients share a common mission with their Government counterparts—namely, to provide the best value services and products to the Government.

Intimidating our clients or meddling with their choice of counsel will have zero impact on the putative risks perceived by President Trump. For our part, we will be honored to represent our clients with zeal and without fear.