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WASHINGTON — The Justice Department has informed federal agencies they may choose to ignore a recent judicial ruling that paused the enforcement of a controversial executive order issued by the White House aimed at penalizing a well-known law firm.
Last month, U.S. District Judge John Bates issued a temporary injunction blocking parts of an executive order from President Donald Trump that targeted Jenner & Block, prohibiting its employees from accessing federal buildings and mandating a review of federal contracts associated with the firm or its clients.
This firm is one of several that have been subjected to similar executive orders in recent weeks, all issued by the Republican administration. While some, including Jenner & Block, have initiated lawsuits in response to these orders, other firms have opted for settlements to sidestep potential sanctions from the administration.
In a letter addressed to heads of federal agencies regarding the judge’s ruling, Attorney General Pam Bondi and White House budget director Russell Vought criticized Judge Bates, labeling him an “unelected district court judge” whose actions intrude upon the policy-making and free speech rights of the executive branch.
The letter asserts, “As affirmed in the court order, agencies retain the ability to conduct their ordinary business activities, which includes the authority to determine their working relationships.” It continues: “The Executive Branch maintains that Executive Order 14246 was a necessary policy, and the government reserves the right to pursue all legal measures concerning ‘lawfare,’ national security issues, and discriminatory practices with respect to Jenner & Block.”
This stance appears to contradict Bates’ earlier order, which mandated that the Trump administration direct federal agencies to overlook significant portions of the executive order. However, a different provision of the order, which involved suspending the security clearances of certain firm employees, was not contested and remains intact.
Details of the letter were released late Tuesday as part of a Justice Department report outlining the progress of the lawsuit filed by Jenner & Block. In a concurrent development, the firm, along with WilmerHale—another target of the administration’s executive orders—has requested federal judges to issue a permanent ban on the enforcement of these directives.
The executive order against Jenner & Block is notably tied to the firm’s previous employment of Andrew Weissmann, a prominent lawyer who was part of Robert Mueller’s special counsel team that scrutinized President Trump’s campaign concerning alleged connections to Russia during his first term. Weissmann has since departed the firm.
Although Mueller has left WilmerHale, the order also references him along with former and current associates from his investigative team.
In addition to Jenner & Block and WilmerHale, other law firms such as Perkins Coie and Covington & Burling have found themselves under similar scrutiny following the issuance of these executive orders. Notably, Paul Weiss managed to negotiate a resolution with the White House leading to the reversal of its executive order. Meanwhile, firms such as Skadden, Arps, Slate, Meagher & Flom, along with Millbank and Willkie, Farr & Gallagher, reached settlements with the Trump administration before any punitive measures could be enforced against them.
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