On the previous day, the Commodity Futures Trading Commission (CFTC) circulated an internal communication offering crucial guidance on the appropriate interactions agency personnel should maintain with specific prominent law firms—namely Perkins Coie, WilmerHale, and Jenner & Block. These firms are currently under scrutiny as targets of recent Executive Orders. If you find this situation to be routine and acceptable, it may be worth noting that each of these firms has successfully obtained temporary restraining orders (TROs) that prohibit the enforcement of significant aspects of these Executive Orders.
The specific sections of the Executive Orders that have been challenged by the courts include directives that instruct federal agencies, such as the CFTC, to restrict their interactions with these law firms and prohibit the granting of access to federal facilities for the employees of these firms. This limitation raises significant questions about the implications for legal practices and the broader legal landscape.
It is important to recognize that this is not merely a bureaucratic oversight. This incident is not isolated; it marks a troubling pattern in which federal agencies have openly disregarded the constraints imposed by judicial orders. The actions of the Trump administration, particularly its repeated failure to respect the judicial system, add to a deeply concerning narrative, reflecting an authoritarian approach that has characterized the latter phase of Trump’s presidency.
Kathryn Rubino serves as a Senior Editor at Above the Law, where she also hosts The Jabot podcast and co-hosts Thinking Like A Lawyer. We encourage AtL tipsters, who provide invaluable insights, to connect with her. For any tips, inquiries, or feedback, feel free to reach out via email. You can also follow her on Twitter @Kathryn1 or on Mastodon @Kathryn1@mastodon.social.
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