Lawfare makes for strange bedfellows.
As part of his tightening grip on power, and his assault on 200-plus years of checks and balances, President Donald Trump has bludgeoned some of the nation’s leading law firms into shameful submission, extracting hundreds of millions of dollars’ worth of free legal work for his pet causes.
More significantly, the vengeful felon-in-chief has sent a clear-cut message: Oppose his heedless, plainly unconstitutional actions in court — one of the only avenues left to fight Trump’s creeping authoritarianism — and there will be a price to pay.
Given that choice — between principle and profits — many high-powered litigators have collapsed like a cheap umbrella.
But not all.
Last week, the L.A.-based law firm Munger, Tolles & Olson filed a federal court brief denouncing Trump’s targeting of Perkins Coie — which numbered Hillary Clinton among past clients — and other legal firms facing wrongful retribution for, among other things, holding the Jan. 6 rioters to account.
Trump’s actions “pose a grave threat to our system of constitutional governance and to the rule of law itself,” the firm said in its brief. “The looming threat … is not lost on anyone practicing law in this country today: any controversial representation challenging actions of the current administration (or even causes it disfavors) now brings with it the risk of devastating retaliation.”
The ranks of Munger, Tolles & Olson used to include one Usha Vance, who resigned in the summer after her husband, JD, was chosen as Trump’s vice presidential running mate and avenging mini-me.
Small world.
Its reputation is no secret. In a 2019 column, the American Lawyer called Munger, Tolles & Olson “a top contender in the cool, woke category” — which is about as far removed from the Trump World groove as it gets. Kind of like a drag queen showing up at a MAGA picnic.
Also worth noting: The second lady’s mom is a University of California San Diego provost and big promoter of diversity, equity and inclusion — which Trump regards with the enmity other presidents once reserved for al-Qaida and the former Soviet Union. Who wouldn’t love to be a fly on the wall when the extended Vance family gets together?
As it happens, the nation’s former second gentleman, as Doug Emhoff was known, is also crossways with his legal firm.
Kamala Harris’ spouse — a longtime entertainment, media and intellectual property attorney in Los Angeles — joined the white-shoe law firm of Willkie Farr & Gallagher after the former vice president left the White House. This month, Willkie Farr caved to Trump’s intimidation campaign, agreeing to provide at least $100 million in pro bono legal work during Trump’s presidency and beyond.
The firm’s services will be dedicated to helping veterans, Gold Star families, law enforcement offices and first responders — all inarguably meritorious individuals deserving of support. Still, blackmail is no way to enlist the firm’s good counsel.
“The rule of law is under attack. Democracy is under attack,” Emhoff said. “And so, all of us lawyers need to do what we can to push back on that. Us lawyers have always been on the front lines, fighting for civil rights, for justice. … I love being a lawyer. This is what we do: We fight for people. We fight for what’s right.”
Emhoff subsequently made known his unhappiness with the firm’s capitulation, though he stopped short of quitting — as some have urged — to protest its bended knee.
“I disagree with the decision that my firm made to settle — I do,” he said. “Our legal system depends on the willingness of institutions — law firms, clients — to stand firm, and stand together. … At this very critical moment, I urge my colleagues across the legal profession to remain vigilant, engaged and unafraid to challenge actions that may erode our fundamental rights.”
Emhoff’s summons was a clarion call, crisp and clear. Would that a certain resident of the vice presidential mansion add her public voice to the fight to preserve the rule of law and protect our imperiled democracy.
Mark Z. Barabak is a political columnist for the Los Angeles Times, focusing on California and the West.
