18 March 2025 | By Marten Männis
News
ABA calls for American lawyers to oppose attacks on the rule of law
Following Trump’s recent attacks towards the rule of law, the American Bar Association (ABA) has openly criticised these attempts as undermining the judicial system and the broader legal profession in the United States, warning about the dangers these actions pose to democracy and fairness. It calls for the government to adhere to four major principles of law that have guided the country for over 200 years: Defending Judges and Courts, Acknowledging the Role of the Courts, Adhering to the Rule of Law, and Respecting the Separation of Powers and the three co-equal branches of government with distinct duties and responsibilities. They argue that recent actions by government officials appear specifically designed to intimidate judges and lawyers who issue decisions or take cases that conflict with the administration’s views or personal interests.
The ABA highlights several deeply concerning examples. Government officials, including some very senior ones, have openly demanded the impeachment of judges who deliver rulings contrary to what the administration wants, often labelling these judges as “corrupt” without providing evidence. This creates an environment where judges are increasingly pressured to consider political implications, rather than purely following the law. Even more worryingly, these accusations have sparked increased threats against judges, effectively trying to scare them away from making fair, unbiased rulings.
Additionally, the ABA calls attention to the administration’s attacks on lawyers, especially those who represent clients the government dislikes. In one concerning move, Trump’s administration targeted a prominent Washington D.C. law firm simply for representing an opposing party, and reports suggest that other firms may face similar treatment. Even lawyers within the Department of Justice have faced intimidation, demotions, or firings for carrying out their duties honestly. This, the ABA argues, is an unprecedented interference in legal representation and threatens the fundamental rights of individuals to access fair legal counsel without government interference.
Concluding with a call to action, the ABA urges all members of the legal community, regardless of their political affiliation, to speak up against these intimidating practices. They stress that silence in the face of intimidation is not an option if America is to maintain its justice system and democracy. The ABA has chosen to stand firm in defence of the rule of law, judicial independence, and the legal profession, inviting lawyers and citizens alike to join them in rejecting attempts by the administration to politicise justice and undermine those who uphold it.
This call to action was, a few weeks later, followed by another vindictive Executive Order, suspending security clearances held by employees of the prominent law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP. Though the White House claims that this action was taken to protect national interests, suggesting the firm’s practices and affiliations may not align with American priorities, the actual reason concerned the law firm employing an attorney who had assisted the Manhattan District Attorney at investigating Trump concerning his corrupt business practices. Consequently, the Paul Weiss staff, will lose immediate access to sensitive information, government buildings, and federal facilities. Furthermore, existing contracts between Paul Weiss and the federal government will be terminated to stop taxpayer funds from supporting activities deemed contrary to public interests.
The administration specifically targets Mark Pomerantz, a former Manhattan District Attorney’s office lawyer who, the White House alleges, pursued an unfounded prosecution against Trump. The press release characterises Pomerantz’s actions as unethical, accusing him of manipulating witnesses and conducting a media campaign after failing to persuade Manhattan District Attorney Alvin Bragg to prosecute Trump. The firm itself is further accused of discriminatory practices, with a forthcoming review under Title VII of civil rights laws to determine if Paul Weiss engaged in racial bias.
The Trump administration frames these measures as essential to ending what it sees as the “weaponisation” of the federal government. It portrays this executive action as part of a broader commitment to curtail partisan influence within government agencies, emphasising a return to a focus solely on the interests and safety of American citizens. This initiative reflects Trump’s ongoing narrative that various sectors of government have been improperly used against political opponents, an issue he prominently raised since his first day in office.
The most worrying aspect of this is that, amidst the chaos that the current administration has sowed in just over six weeks, the targeted attacks against lawyers and judges are not headline news. Additionally, Trump currently enjoyes extreme support among his party, with 90% of Republicans approving his presidency so far, meaning that he has the political backing to use the executive branch as he sees fit.
