WASHINGTON (AP) — The Justice Department has suggested to federal agencies that they are free to disregard a judge’s ruling that halted enforcement of a White House executive order meant to punish a prominent law firm.
U.S. District Judge John Bates last month temporarily blocked provisions of President Donald Trump’s executive order against the firm of Jenner & Block that called for its employees to be denied access to federal buildings and for federal contracts held by the firm or its clients to be reviewed and terminated.
The firm is among several prominent ones subject in recent weeks to similarly worded executive orders by the Republican president; some, like Jenner & Block, have sued over the orders, and others have reached settlements to avert being sanctioned by the White House.
In a letter notifying agency heads about the ruling, Attorney General Pam Bondi and White House budget director Russell Vought criticized Bates as an “unelected district court judge” who has “invaded the policy-making and free speech prerogatives of the executive branch.”
“Of course, as noted in the court order, agencies are permitted to carry on their ordinary course of business which carries with it the authority to decide with whom to work,” said the letter, which was filed in court Tuesday.
It later adds: “As it remains the Executive Branch’s position that Executive Order 14246 was necessary policy the government reserves the right to take all necessary and legal actions regarding ‘lawfare,’ national security concerns, and discriminatory practices involving Jenner & Block.”
The position is seemingly at odds with the order from Bates, an appointee of President George W. Bush, that directed the Trump administration to tell federal agencies to disregard broad swaths of the executive order. A separate provision of the order, mandating the suspension of active security clearances of employees at the firm, was not challenged and remains unaffected.
The letter was made public late Tuesday as part of a report filed by the Justice Department on the status of the Jenner & Block lawsuit. That firm, as well as WilmerHale, another firm targeted by an executive order, asked federal judges on Tuesday to permanently block enforcement of the orders against them.
The executive order against Jenner & Block stemmed from the fact the firm once employed Andrew Weissmann, a lawyer who served on special counsel Robert Mueller’s team that investigated Trump during his first term in office over potential connections between his 2016 campaign and Russia. Weissmann, a frequent public target of Trump’s ire, left the firm several years ago.
Mueller has retired from WilmerHale, but another White House executive order mentioned him as well as another retired partner and a current partner who all served on Mueller’s team.
Besides Jenner & Block and WilmerHale, other firms targeted by executive order include Perkins Coie and Covington & Burling. Last month, after being confronted with a similar executive order, Paul Weiss struck a deal with the White House that resulted in the order being rescinded. Three other firms — Skadden, Arps, Slate, Meagher & Flom, as well as Millbank and Willkie, Farr & Gallagher — have reached settlements with the Trump administration before they could be subject to an order.
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