He Tried to Break the Law Firms. The Law Firms Broke Him Instead.
The DOJ gave up, and four firms that refused to kneel walked away vindicated while the ones that caved are left to answer hard questions.
What happens when the President of the United States turns the machinery of government against lawyers who dared to represent his opponents? What happens when the most powerful law enforcement agency in the world tries to punish private citizens for doing their jobs? And what happens when the targets refuse to kneel?
Here is what happens. The law holds. The Constitution breathes. And history takes notes. I shared my thoughts below and also with Katie Couric.
I have tried cases for four decades. I have stood in courtrooms where careers, reputations, and fortunes were on the line. I signed amicus briefs in two of these cases because I knew what was at stake. This was all about whether the President could use executive orders as a weapon to intimidate the legal profession and silence opposition. On March 3, 2026, the Department of Justice dropped its appeals and walked away from its defense of those executive orders. That moment matters more than most people realize.
The Executive Orders That Crossed the Line
In 2025, President Trump signed executive orders aimed at several specific big law firms. The orders sought to strip their lawyers of security clearances, block access to federal buildings, and choke off their ability to secure government contracts. The stated rationale focused on their clients and hiring practices. Federal judges across the board saw the real purpose. They struck the orders down as unconstitutional retaliation. One judge described the attack as unprecedented and chilling to the spine. As the news broke, I shared my thoughts in these posts below.1
Think about that. A sitting president directed the power of the federal government against private law firms because they represented people he did not like. If you believe in the rule of law, that should shake you.
Every district court that reviewed those orders rejected them. The Department of Justice appealed each loss. This week, when a brief was due in the D.C. Circuit, DOJ lawyers informed the court they were voluntarily dismissing the appeals. No explanation. No defense. No justification.
That is a legal surrender.
Why This Day Matters
March 3, 2026 deserves a place in the record. This is one of those days you circle. The four firms that stood tall are:
Perkins Coie LLP: The first to file suit; targeted due to its history with the DNC and the “Steele Dossier.”
Jenner & Block LLP: Targeted for employing former members of the Special Counsel’s office (e.g., Andrew Weissmann).
Wilmer Cutler Pickering Hale and Dorr LLP: Targeted for its connection to Robert Mueller.
Susman Godfrey LLP: Targeted for representing Dominion Voting Systems in its defamation suit against Fox News.
They can now move forward with full access to government buildings, contracts, and clearances. They refused to bow. They refused to obey an order that violated their rights. They trusted the courts. They did the right thing and the courts vindicated them.
Marc Elias is a nationally recognized authority and expert in campaign finance, voting rights, redistricting law, and litigation. He has successfully argued and won four cases in the U.S. Supreme Court, as well as dozens of cases in state supreme courts and U.S. courts of appeal. Here’s what Marc had to say about today’s decision by the DOJ:
For all the reasons Marc stated, you should care about all of this because when lawyers lose their independence, you lose yours next. The right to counsel means nothing if the government can punish lawyers for who they represent. The First Amendment means nothing if political retaliation becomes standard practice. The separation of powers collapses when executive power goes unchecked.
Today, the judiciary drew a line. And the executive branch stepped back.
The Firms That Folded
Nine firms chose a different path. They negotiated deals with the Trump administration. They agreed to provide a reported nine hundred forty million dollars in pro bono commitments directed toward conservative causes in exchange for relief from sanctions. Paul Weiss became the most visible example, pledging tens of millions to lift the cloud hanging over its head.
Here’s the list so you know who they are:
Paul, Weiss, Rifkind, Wharton & Garrison LLP (The first to settle ($40M pro bono; targeted due to former partner Mark Pomerantz.)
Skadden, Arps, Slate, Meagher & Flom LLP (Agreed to $100M in pro bono work to avoid sanctions.)
Milbank LLP (Settled for $100M; followed the hiring of vocal critic Neal Katyal.)
Willkie Farr & Gallagher LLP (Settled for $100M; firm includes Doug Emhoff who is the husband of Kamala Harris).
Kirkland & Ellis LLP (Agreed to $125M in pro bono work.)
Latham & Watkins LLP (Agreed to $125M in pro bono work.)
A&O Shearman (First UK-headquartered firm to settle for $125M).
Simpson Thacher & Bartlett LLP (Agreed to $125M in pro bono work.)
Cadwalader, Wickersham & Taft LLP (Settled for $100M; former firm of current Deputy AG Todd Blanche.)
Now the DOJ has conceded the executive orders were legally indefensible. The appeals are gone. The sanctions have fallen apart. Those negotiated agreements remain.
The lawyers and firms who settled have to live with that. Their clients will ask why they capitulated. Law students will ask whether they want to join institutions that bend under political pressure. Partners will sit in conference rooms and revisit those decisions. Families will talk about this moment for years.
This was all about self-interest and character.
When you charge thousands of dollars an hour and advise clients to fight for their rights, you carry an obligation to stand firm when your own rights are threatened. Courage is contagious. So is cowardice.
The Psychological Playbook
Authoritarians test institutions. They apply pressure. They isolate targets. They create fear. They look for cracks. The goal is not only to win a legal battle. The goal is to send a message that resistance carries a cost.
Four firms absorbed the pressure and held their ground. They signaled that intimidation does not dictate their ethics. Two of them I was honored to support with my amicus brief signature.
The DOJ’s retreat reinforces a lesson every psychology student learns early. When a bully meets resistance backed by rules and collective strength, the dynamic shifts. And you saw that shift this week.
What This Means for You
You might not work at a global law firm. You might not hold a security clearance. You might never step into a federal courthouse. This still touches your life.
The legal profession functions as a guardrail in a democracy. Lawyers challenge unlawful policies. Lawyers represent unpopular clients. Lawyers test executive power. When the government targets lawyers for doing that work, every citizen’s protection shrinks.
You deserve a country where legal representation does not depend on political loyalty. You deserve institutions that refuse to bend to raw power. Your children deserve to grow up in a nation where courts act as a check, not a spectator.
This week proved that those guardrails still stand. They stand because people were willing to take a risk and fight.
Remembering the Villains, the Courage and the Lack Thereof
History will remember who resisted and who complied. History has a long memory. It records names. It records choices. It records moments when democracy felt fragile and institutions were asked to show a backbone.
I feel anger about what this administration has done to our unity, our standing in the world, and the tone of our civic life. I feel pride for the lawyers who refused to kneel. Both emotions can live in the same space. One fuels vigilance. The other fuels hope.
You do not protect democracy with slogans. You protect it with action. You protect it by supporting leaders and institutions that defend constitutional principles. You protect it by voting. You protect it by speaking up when power crosses a line.
There’s a lot going on right now. I’ve been writing and speaking about the war Trump declared against Iran and the harm it’s done and will continue to do to our nation and the world. But right now, in this post, I believe this is one of those moments when you just have to pause and recognize a win. Then you get back to work. The rule of law requires constant attention. The Constitution survives because ordinary citizens demand that it does.
Remember March 3, 2026. Remember who stood tall. Remember who bent. And let that memory guide your choices the next time power asks for your silence.
Mitch Jackson, Esq. (recommendations)
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This is not about one case, one lawyer, or one moment. This is about power, accountability, and whether the rule of law still means anything when it is tested at the highest level.
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Tuesday Update: The administration told the court on Monday that it was abandoning its defense of executive orders targeting the firms. But this morning, the DOJ abruptly changed its position. I'll be chatting with Katie Couric about all of this later today on Katie's Substack. Jump over to her feed for details. In the meantime, if you'd like to read more about the latest developments, see this gift article (my treat) from the NY Times. https://www.nytimes.com/2026/03/03/us/politics/trump-law-firm-orders-reversal.html?unlocked_article_code=1.QVA.Ss_C.HU7TLRaUAhcB&smid=url-share
Dear Mitch,
Thanks for writing about those law firms that didn't bend a knee to this corrupt administration. Finally, something amazing and positive has happened, gives us a little bit more hope and willingness to keep up the fight for what's right.
😊♥️🐾🌿🌏💐
Judy