Attorney General Bonta Condemns Trump Administration Campaign to Silence Legal Sector, Files Brief in Support of Susman Godfrey

OAKLAND — California Attorney General Rob Bonta today, along with 21 attorneys general, filed an amicus brief in support of Susman Godfrey LLP’s lawsuit seeking to block the Trump Administration from retaliating against the firm and its attorneys. The Trump Administration’s actions against Susman Godfrey are part of a larger campaign by President Trump to silence lawyers and law firms that represent individuals and causes that he does not agree with. In the amicus brief, the attorneys general defend the rule of law and ask the court to permanently halt the Trump Administration’s retaliatory actions.

“Everybody is entitled to legal access and vigorous representation without fear of retribution. The Trump Administration’s political attack on Susman Godfrey based on the clients and ideas they represent is an attempt to silence people who challenge the President. If allowed to continue, this will have an immediate chilling effect on attorneys nationwide, making it harder for lawyers to provide the critical legal services on which our courts and residents depend,” said Attorney General Bonta. “Along with my fellow attorneys general, I proudly stand in support of Susman Godfrey and all other law firms whose free speech rights are being targeted and strongly condemn President Trump’s effort to silence those he disagrees with.”

Over the past two months, President Trump has issued an unprecedented series of executive orders imposing severe sanctions on law firms whose advocacy, clients, and lawyers he dislikes. Earlier this month, the Trump Administration issued an executive order targeting Susman Godfrey, which sued Fox News for alleged election-related lies. The order strips the firm of active security clearances and terminates federal contracts with the firm and its clients, among other things. Susman Godfrey sued to halt enforcement of the order targeting their firm, citing violations of free speech and unconstitutional interference with the rights of their clients to select lawyers of their choosing.  

In the brief, the attorneys general argue that by retaliating against Susman Godfrey and discriminating based on viewpoint, the Trump Administration is violating the First Amendment and ask the court to permanently halt the Trump Administration’s retaliatory actions. The attorneys general make the point that a well-functioning judicial system depends on the willingness of lawyers to take on difficult cases or unpopular clients without retribution by their government. Any attempts to deter lawyers from representing the full spectrum of clients and causes would undermine judicial systems across the country.  

Attorney General Bonta has vigorously called out President Trump’s assault on the rule of law. Last month, Attorney General Bonta, along with 20 other state attorneys general issued an open letter urging the legal community to stand together in defense of the rule of law in response to President Trump’s recent attacks, which include calls for the impeachment of federal judges and threats of retribution against law firms and attorneys who take or have taken positions in opposition to him or his Administration. Attorney General Bonta also issued a separate statement on the need to speak up and push back when our democratic norms are violated, our legal system undermined, and our laws broken. Attorney General Bonta has filed amicus briefs in support of Perkins Coie, WilmerHale, and Jenner & Block, law firms that have also been targeted by the Trump Administration over their representation of clients or positions President Trump disagrees with.   

In filing the brief, Attorney General Bonta joins the attorneys general of Washington, Illinois, New Jersey, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, and the District of Columbia. 

A copy of the brief can be found here.