Another Lawsuit Filed Over Vindictive Executive Orders Targeting Lawyers
Mark Zaid is standing up against Trump's bullying. The post Another Lawsuit Filed Over Vindictive Executive Orders Targeting Lawyers appeared first on Above the Law.
We told you — Biglaw ain’t all that when it comes to fighting the Trump administration and defending the rule of law. While Biglaw has the ignominious distinction of nine firms that have yielded to Donald Trump’s demands — and too many that have stayed silent in the face of repeated attacks on the profession — smaller law firms have repeatedly stood up in defense of the constitution. And it’s happening again.
Attorney Mark Zaid, best known for his national security and whistleblower work, filed a lawsuit yesterday (available below) in federal court challenging the revocation of his security clearance. Zaid was one of 14 individuals who had their security clearance stripped in a March Executive Order (the full list of those impacted by the EO: Antony Blinken, Jacob Sullivan, Lisa Monaco, Mark Zaid, Norman Eisen, Letitia James, Alvin Bragg, Andrew Weissmann, Hillary Clinton, Elizabeth Cheney, Kamala Harris, Adam Kinzinger, Fiona Hill, Alexander Vindman, Joseph R. Biden Jr., and any other member of Joseph R. Biden Jr.’s family), in a move the lawsuit criticizes as “improper political retribution.”
The “immediate effect” of the EO is that Zaid is prevented from accessing materials in ongoing matters, “undermining his ability to continue to represent [his clients] and zealously advocate on their behalf in the national security arena.”
By implementing the Memorandum, Defendants have strayed far afield of any deference granted to them by existing case law. Instead, they have launched a bald-faced attack on a sacred constitutional guarantee: the right to petition the court or federal agencies on behalf of clients. An attack on this right is especially insidious because it jeopardizes Mr. Zaid’s ability to pursue and represent the rights of others without fear of retribution.
Zaid is represented by litigator Abbe Lowell in this lawsuit. Lowell left Winston & Strawn when it was reported he will represent New York Attorney General Letitia James in the probe the administration started over James’s real estate dealings. Last week, Lowell announced the launch of a new firm. Lowell & Associates will represent those “unlawfully and inappropriately targeted” by the Trump administration. “This firm is prepared for today’s dynamic legal landscape, offering a leaner model than larger firms can provide,” Lowell said. “I started my private practice career in my own firm and am excited to once again lead a small yet nimble team ready to represent companies, non-profits and individuals in need of our experience and dedication.” Among the lawyers that are joining Lowell in his new firm are Rachel Cohen and Brenna Trout Frey, both of which famously quit on Skadden when Skadden quit on the rule of law. As Trout Frey said of the move, “I am honored to join Abbe and continue to stand up when it counts. We are not here to make statements, we are here to litigate, win, and help reinforce the legal guardrails that hold our democracy together.”
Read the full complaint below.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
The post Another Lawsuit Filed Over Vindictive Executive Orders Targeting Lawyers appeared first on Above the Law.
