Nicolais: Big law capitulating to Trump’s whim further erodes the rule of law ...Middle East

After caving to the demands of President Donald Trump, a major national law firm has etched itself a new title: Paul, Weiss, Rifkind, Wharton, Garrison & Cowardice.

Or maybe just shorten it to Capitulation & Associates?

Whatever the name on the door, their decision to kowtow to Trump’s threats should leave a permanent stain on the previously revered firm. For a company that has long touted its position as the first to combine Jewish and gentile lawyers, to hire a Black associate and promote a woman to partner, swearing to abide by Trump’s anti-DEI (diversity, equity, and inclusion) policies is a betrayal to its core principles.

It is not helpful that Brad Karp, an old white guy, signed the Deal with the Donald, who had earlier signed an executive order barring the firm’s lawyers from dealing with the federal government.

Throwing a former prosecutor under the bus for doing his job and agreeing to tens of millions of dollars in pro bono work for Trump-aligned initiatives compounds the problem. They effectively sold themselves into servitude for the next four years.

Reactions from the legal community came fast and furious. Renowned Harvard law professor Larry Tribe wrote: “A law firm honored for its bravery has more than bent the knee and kissed the ring: it has paid the ransom demanded by Trump.”

George Conway pinned to his profile the opinion that it was  “the most disgraceful action by a major law firm in my lifetime, so appalling that I couldn’t believe it at first.”

Renowned election law attorney, and ardent Trump opponent, Marc Elias suggested that their managing partner and other firm partners resign for their disgraceful action.

I am sure that Karp and other leaders at the firm have rationalized the deal to themselves. They probably patted each other on the back for extricating themselves from scrutiny by the Trump administration. There is a good chance that they were so happy to be out of the frying pan that they failed to notice the pyre now surrounding them.

After all, lawyers are nothing if not arrogant about their own intelligence and acumen. Personally, I am sure it is why I write so many run-on sentences.

But the repercussions could and should be felt for an extended period of time. Associates unwilling to be associated with such will find new places to work, either through quiet job searches or company-wide email blasts. One such associate made national headlines for calling on Skadden Arps, another massive law firm that has carefully hewed to Trump’s whims, to meet the moment. She was one of hundreds that signed an open letter to defend the rule of law.

More importantly, it should cost the law firm clients. 

Only a direct hit to the bottom line is likely to register with the partners. In fact, it seems almost certain it served as the primary calculus for accepting Trump’s terms. The partners do not measure right and wrong based on an ethical formula, but rather how much money they are likely to realize. If they can retain their clients and billable hours, they will remain certain that theirs was the right choice.

Worse, other industry actors will agree. Law firms paying attention will see a lack of consequences and decide following suit is the best answer for them as well. That is the biggest danger or this wholesale surrender; it could lead to a domino effect through other legal players.

Thankfully that has not happened yet. Perkins Coie, another firm Trump targeted with an executive order, has fought his retribution. They demonstrated the fortitude and intelligence you would expect from one of the country’s premier law firms. Rather than groveling, they marched into a courtroom and demonstrated why they are so highly regarded. A federal judge in Washington, D.C. issued a preliminary injunction against Trump, finding he likely violated multiple constitutional provisions.

Given the choice between the two comparable firms, I know which one I would want to represent me.

We are in an extraordinary moment in our history. Between the time I wrote about the danger to the rule of law two weeks ago and now, even the Chief Justice of the U.S. Supreme Court has recognized the danger. In an exceptional public proclamation, he rebuked Trump’s call to impeach a federal judge.

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“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts wrote. While Trump did not immediately react with a Truth Social tirade, it surely did not go unnoticed. Just as Justice Amy Coney Barrett faced MAGA derision over the past few weeks, Roberts could find himself next in line. It does not seem like a stretch for Trump or his surrogates to call for Roberts’ removal if he refuses to toe the line. Trump could even attempt to remove Roberts’ security detail.

Does Roberts really think that Republicans in Congress would hesitate to mount his stuffed head on a wall if the president asked?

Against such a backdrop the decision of big law firms like Paul Weiss to obey in advance is disheartening. Given their history, they should know that you do not fight only the fights you can win, but the fights that need fighting. Instead, they fell to the floor after the first glancing blow.

Mario Nicolais is an attorney and columnist who writes on law enforcement, the legal system, health care and public policy. Follow him on Bluesky: @MarioNicolais.bsky.social.

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