"The EOs are well within the Presidential prerogative. Courts cannot tell the President what to say. Courts cannot tell the President what not to say. They cannot tell the President how to handle national security clearances. And they cannot interfere with Presidential directives instructing agencies to investigate racial discrimination that violates federal civil rights laws."
The Department of Justice initially withdrew its defense of Trump's executive orders targeting major law firms including WilmerHale, Jenner & Block, Perkins Coie, and Susman Godfrey. This brief retreat prompted firms that negotiated settlements involving approximately $940 million in pro bono commitments to conservative causes to reconsider their positions. The administration subsequently reversed course and filed a full appellate brief reasserting the orders' legality. The DOJ argues courts lack authority to interfere with presidential decisions regarding national security clearances, agency investigations, and directives addressing alleged racial discrimination in federal civil rights enforcement. The administration contends the executive orders fall squarely within presidential prerogative and are beyond judicial review.
Read at Above the Law
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