The Quislings and Cowards of Big Law
An open letter to Skadden & Arps. [LANGUAGE WARNING]
Kudos to whoever amended the Wikipedia page of Paul, Weiss, Rifkind, Wharton & Garrison LLP to add this bit about the firm’s decision to surrender to Trump’s campaign of intimidation:
The move by Paul, Weiss was widely criticized and seen as "humiliating" in the legal profession. Journalist and legal commentator Mike Masnick described Paul, Weiss's actions as "In short, they caved. They folded like a cheap suit. They made it clear that Paul Weiss not only won't fight for its clients, it won't fight for itself." Harvard Law School lecturer Deepak Gupta similarly asked, "Would you want to be represented by a law firm that can't even stand up for itself? A law firm that might sell you out to the federal government to save its own skin?"
Retired US Circuit Court of Appeals judge J. Michael Luttig (a Republican) wrote, "Paul Weiss chose to cower before the powerful and sell out its firm and the nation's legal profession to the President."
Over 140 Paul, Weiss alumni wrote a letter saying, "During the first Trump administration, Paul, Weiss lawyers, including many of us, fought to protect civil and human rights with the firm's support...That is why it came as a shock to find the firm at the very forefront of capitulation to the Trump administration's bullying tactics."
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Now let’s do Skadden Arps, the latest Fat Cat Invertebrate Porcine law firm to truckle, pander, and toady to the regime’s obviously illegal and unconstitutional threats. [LANGUAGE WARNING]
Happy f’ing Monday. But first:
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An Open Letter to Skadden, Arps, Slate, Meagher & Flom LLP
To Whom It May Concern:
Fuck you, and all your contumacious works, you cowardly brood of white-shoed lickspittles. I refer, of course to this:
Trump Shakes Down Skadden Law Firm for $100M in Free Work
President Donald Trump has strong-armed one of the world’s largest law firms into agreeing to do $100 million worth of work, pro bono, for his administration.
Trump announced the shakedown on Truth Social on Friday, writing that Skadden, Arps, Slate, Meagher & Flom LLP, the world’s fifth-largest law firm, would offer free work on issues deemed a priority by the White House…
Trump said that Skadden agreed to several concessions to avoid retribution.
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An executive partner of Skadden, Jeremy London, said in a statement that the firm “engaged proactively with President Trump and his team in working together constructively to reach this agreement,” adding that it looked forward to a “productive relationship.” He continued, “We firmly believe that this outcome is in the best interests of our clients, our people, and our firm.”
The president also issued a statement from the firm, in which it declared a “strong commitment to ending the weaponization of the justice system and the legal profession.”
Actually, no “strong-arming,” was required at all, was it? You folded like a limp dish rag. You didn’t wait for an executive order. You didn’t join with your fellow lawyers at Jenner & Block1, Perkins Coie, or WilmerHale in fighting back. You didn’t stand on any principle. You embraced your ignominy with enthusiasm. You pathetic Vichy flunkies.2
You tell your clients that you provide fearless advocacy, but in the pinch, you scattered like bloated, terrified rats, too afraid to litigate or fight, even when it was obvious you would win.
Two Judges Brutally Slap Down Trump’s Revenge War on Lawyers
Trump Suffers Day of Losses in His Retribution Campaign Against Law Firms - The New York Times
But you? Big scary law firm, with the multi-million-dollar partner bonuses, wet yourselves with fear. So that will be a helluva story to tell your grandchildren. “And when they came for us, children, grandpa groveled and then helped round up the resisters.”3
Fuck you. But I repeat myself.
For the moment, though, let us set aside your cowardice and opportunism. Let’s talk instead about your timing.
Under any circumstances, pulling a Skadden would be shameful. But you chose to turn your firm’s future over to Donald Trump, a convicted felon, adjudicated sex offender, and serial fraudster — a man who tried to overthrow a presidential election. You have put your etiolated testicles into the grip of man who — even now — is:
Threatening retaliation against all of your legal colleagues who might offend him…
Attacking the judiciary, insulting judges, and threatening impeachment…
Shattering constitutional norms and ignoring court orders…
Turning the Department of Justice into his personal instrument of revenge…
Attacking free speech and the press…
Threatening universities; and requiring book bans…
Ignoring due process in the rendition of immigrants…
Snatching students off the street for writing op-eds…
Threatening to invade sovereign nations…
Celebrating police violence…
Targeting marginalized communities…
Illegally firing employees; and violating federal law by shutting down agencies…
As Andrew Sullivan notes:
[Trump is] deploying a McCarthyite 1952 law to target any legal noncitizen who has criticized or demonstrated against the Jewish state’s wiping of Gaza off the face of the earth, proudly gutting the First Amendment for no good reason.
Trump has also abandoned habeas corpus and due process by invoking the 1798 Alien Enemies Act to seize mere suspects off the streets and transport them instantly to a terrifying foreign jail in El Salvador.
And yet, this is the moment you have decided to tie your fate to this agenda. You have given Donald Trump an effective veto over your business. How do you think that will work out?
Who will you be able to defend? Victims of government misconduct? Businesses attacked for their politics? Voters denied their rights? LGBTQ victims of discrimination? Veterans denied benefits by DOGE cuts? Immigrants denied due process? AYFKM?
On the flip side: Who will you now be forced to defend? The Proud Boys? Former J6 defendants? Dinesh D’Souza? Steve Bannon? Rudy? My Pillow Guy? Fox News? Challenges to birthright citizenship? And do you think that you will ever be able to say no? Ever?
Thank you for your time and attention this matter,
With the deepest contempt, I remain,
Charlie Sykes
Meanwhile…
Why Is Elon Musk Trying to Buy a Wisconsin Supreme Court Seat? | The New Yorker
NBC: Trump won’t rule out seeking a third term in the White House, tells NBC News ‘there are methods’ for doing so
Washington Post: Trump seeks takeover of elections in a bid for more presidential power
The Atlantic: The Gleeful Cruelty of the White House X Account
New York Times: How Trump Is Inspiring Wannabe Authoritarians Everywhere
Monday dogs
That time I had to visit Auggie in the vet hospital (He’s fine now.) He really hated it when we left.
Jenner & Block has created a special website. Jenner Stands Firm | Because Clients Deserve Fearless Advocates. Trump’s Executive Order…
—is an unconstitutional abuse of power against lawyers, their clients, and the legal system. It is intended to hamper the ability of individuals and businesses to have the lawyers of their choice zealously represent them. And it is intended to coerce law firms and lawyers into renouncing the Administration’s critics and ceasing certain representations adverse to the government.
—targeting law firms without process based on their representation of clients in matters adverse to the President or his Administration and/or their associations with individuals who have criticized the President. The Wall Street Journal Editorial Board recognized that the President is taking these actions “to intimidate elite law firms from representing his opponents or plaintiffs who challenge his policies.”
The Constitution, top to bottom, protects against such attempts by the government to target citizens and lawyers based on the opinions they voice, the people with whom they associate, and the clients they represent.
Not everyone at Skadden went along. Former senior associate Brenna Trout Frey posted on LinkedIn her reasons for leaving the firm — and encouraged others to do the same
Today the executive partner of my former firm sent us all an “update” that attempted to convince some of the best minds in the legal profession that he did us a solid by capitulating to the Trump administration’s demands for fealty and protection money. Fellow Skadden attorneys: If you agree with Jeremy London’s position that the firm should not engage in “illegal DEI discrimination,” should devote prestigious Skadden Fellows to the Trump administration’s pet projects, and should help “politically disenfranchised groups who have not historically received legal representation from major national law firms,” (taking into account the robust pro bono work that major national law firms already do), then by all means continue working there.
But if that email struck you as a craven attempt to sacrifice the rule of law for self-preservation, I hope you do some soul-searching over the weekend and join me in sending a message that this is unacceptable (in whatever way you can). As one of my more eloquent former colleagues put it: “Do not pretend that what is happening is normal or excusable. It isn’t.”
There is only one acceptable response from attorneys to the Trump administration’s demands: The rule of law matters.
The rule of law matters. As an attorney, if my employer cannot stand up for the rule of law, then I cannot ethically continue to work for them
Chef’s kiss.
It would indeed by condign punishment if “Skadden” becomes part of the lexicon like “Quisling”.
"Fuck you. But I repeat myself." Absolutely top notch.
Do the fool lawyers at Paul, Weiss and Skadden think trump is done with the retribution? He will force them to take cases and clients they wouldn't have touched with 10-foot curb-feelers for fear of reputational damage to the firm. And they will have to pay for their own demise by working pro bono. These firms are too dumb to remain in business.