DOJ Says Susman Godfrey Is National Security Threat… For Giving Money To GLAD

There’s a new “Axis of Evil” in the Trump administration cosmology and it’s not al Qaeda or North Korea. Instead, the preeminent threat to national security, according to the hapless folks at Donald Trump’s personal law firm, is anyone who ever donated money to LGBTQ civil rights organization GLAD. At least that’s the government’s new working theory as it tries to justify its retaliatory executive order against Susman Godfrey.

Had Susman, for example, taken on that GLAD challenge pro bono, the allegation would still be risible, but when the whole argument hinges on the firm generally donating to a prominent non-profit it crosses into professionally embarrassing.

Not quite, “making up fake Supreme Court quotes” embarrassing, but still.

Aside from trying to tag Susman for its charitable contributions, it’s also deeply troubling to suggest that filing a federal lawsuit is a “dangerous effort to undermine the effectiveness of the United States military.” In a rule of law society (I know, I know, but humor me on this idea for the moment), “going to court” isn’t sedition, but the system working as intended. Checks and balances and all that stuff. To call a federal lawsuit an effort to undermine the government, requires adopting the premise that it’s a threat to make sure the government isn’t doing anything illegal. Courts can get the law wrong, but the point is that we encourage people to take grievances to court and not storm federal buildings… you know, the behavior that we traditionally considered a “dangerous effort to undermine” the government. Not so much these days.

There’s no bright line between the GLAD challenge and any other discrimination case brought against the DOD. If the government chooses to contest a suit for any reason, under this standard, it’s an effort to undermine the effectiveness of the military. Frankly, there’s not much keeping the DOJ from expanding this rationale to any other case brought against the government. That would put us a little beyond warnings about a slippery slope and into “that point where Wile E. Coyote hasn’t noticed he’s off the cliff yet.”

Not that GLAD’s challenge would’ve dangerously undermined effectiveness. General Mark Milley, former Chairman of the Joint Chiefs of Staff, stated unequivocally that there is no problem with transgender troops if they meet standards. But as a career soldier, Milley cared more about merit and the ability to do the job. A civilian talk show host more interested in texting war plans to his buddies might have… different priorities.

Though all of this remains far afield of the instant issue: Susman Godfrey, giving money to an organization that has in the past filed a civil rights challenge, is not even in the same universe as a threat to national security.

But you miss 100 percent of the shots you don’t take, I guess.

Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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