Read: Judge calls Trump's targeting of law firm "unconstitutional"
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President Trump in Arlington, Virginia, on Monday. Photo: Saul Loeb/AFP via Getty Images
A federal judge on Tuesday struck down President Trump's executive order that targeted WilmerHale and criticized the top law firm for its association with former Russia investigation special counsel Robert Mueller.
Why it matters: It's a blow to Trump's push to target law firms that had employed or represented people he regards as critics and marks the third such ruling by a federal judge against the administration this month.
Driving the news: Trump said in his March order targeting WilmerHale that his administration was "committed to addressing the significant risks associated with law firms, particularly so-called 'Big Law' firms, that engage in conduct detrimental to critical American interests."
- Trump accused WilmerHale of being "bent on employing lawyers who weaponize the prosecutorial power to upend the democratic process and distort justice."
- The order criticized the law firm for "rewarding" Mueller, who led the investigation into Russian interference in the 2016 election before returning to WilmerHale in 2019 for two years.
- U.S. District Judge Richard Leon on Tuesday blocked the administration from enforcing the order that he found to be unconstitutional. His ruling was punctuated by multiple exclamation points.
What they're saying: "The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The Founding Fathers knew this!" wrote the George W. Bush-appointed D.C.-based judge in his scathing opinion.
- The judge took issue with Trump administration attorneys' argument that the law firm's alleged injuries were speculative. The judge wrote that to "dispute the causal relationship between the Order and any client's decision to terminate its relationship with WilmerHale" was "absurd!"
Zoom in: Leon said that, taken together, sanctions outlined in the order that included suspending any security clearances for federal buildings for WilmerHale staff would "constitute a staggering punishment for the firm's protected speech!"
- He noted that other firms facing similar executive orders had "capitulated" to Trump.
- "The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished!" Leon wrote.
- "I have concluded that this Order must be struck down in its entirety as unconstitutional. Indeed, to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!" he added.
The other side: "The decision to grant any individual access to this nation's secrets is a sensitive judgment call entrusted to the President," White House spokesperson Harrison Fields said in an emailed statement Wednesday.
- "Weighing these factors and implementing such decisions are core executive powers, and reviewing the President's clearance decisions falls well outside the judiciary's authority."
What we're watching: The Trump administration had yet to appeal the rulings striking down the president's orders against WilmerHale, Jenner & Block and Perkins Coie as of Wednesday evening.
- Representatives for the White House did not immediately respond to Axios' request for comment on Wednesday evening on whether the administration would appeal or ignore the judge's ruling.
- Representatives for the Justice Department did not immediately respond to Axios' request for comment in the evening.
Read the order in full, via DocumentCloud:
Go deeper: Trump's attacks on law firms are losing big in court
Editor's note: This article has been updated with White House comment and further context.
