Addressing Risks from Jenner & Block
This Presidential Action addresses concerns about Jenner & Block LLP's conduct, alleging actions detrimental to national security and American interests.
It orders a review of security clearances held by Jenner & Block employees, mandates reviews of government contracts with the firm and entities doing business with them, and restricts federal government interaction with Jenner & Block personnel, particularly Andrew Weissmann.
The order aims to prevent taxpayer funding of activities deemed harmful and to protect national security, though it may face criticism for potential overreach of executive authority.
Arguments For
Protecting National Security: The order aims to safeguard national security by suspending security clearances and limiting access to sensitive information for Jenner & Block employees due to concerns about their actions and affiliations.
Preventing Taxpayer Funding of Detrimental Activities: By reviewing and potentially terminating contracts, the order seeks to prevent taxpayer money from indirectly supporting activities deemed harmful to American interests, such as partisan political activities and alleged discrimination.
Upholding Ethical Standards: The action is presented as a means of enforcing ethical standards within the legal profession and government contracting, deterring similar behavior from other firms.
Enacting Executive Authority: The President issued this order through their Constitutional authority, using methods consistent with past uses of Executive Orders.
Addressing Specific Allegations: The order points to specific concerns regarding Jenner & Block's actions, including those related to the prosecution of Arthur Andersen LLP, and the employment of Andrew Weissmann.
Arguments Against
Overreach of Executive Power: Critics might argue the order represents an overreach of executive authority, potentially violating due process and infringing upon the rights of Jenner & Block and its employees.
Lack of Due Process: The actions taken, such as suspending security clearances, may lack due process as employees are not initially afforded an opportunity to respond to the allegations.
Potential for Chilling Effect: The order could have a chilling effect on free speech, particularly within the legal community, deterring attorneys from taking on controversial cases.
Economic Impact: The termination of contracts could have negative economic consequences for Jenner & Block and potentially for affiliated companies that engage in government contracts, leading to job losses and economic hardship.
Bias and Political Motivation: Critics might argue that the order is politically motivated and selectively targets firms who have taken actions that are critical of the current administration.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Background. My Administration is 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. Many firms take actions that threaten public safety and national security, limit constitutional freedoms, degrade the quality of American elections, or undermine bedrock American principles. Moreover, law firms regularly conduct this harmful activity through their powerful pro bono practices, earmarking hundreds of millions of their clients’ dollars for destructive causes, that often directly or indirectly harm their own clients. Lawyers and law firms that engage in such egregious conduct should not have access to our Nation’s secrets, nor should such conduct be subsidized by Federal taxpayer funds or contracts.
Jenner & Block LLP (Jenner) is yet another law firm that has abandoned the profession’s highest ideals, condoned partisan “lawfare,” and abused its pro bono practice to engage in activities that undermine justice and the interests of the United States. For example, Jenner engages in obvious partisan representations to achieve political ends, supports attacks against women and children based on a refusal to accept the biological reality of sex, and backs the obstruction of efforts to prevent illegal aliens from committing horrific crimes and trafficking deadly drugs within our borders. Moreover, Jenner discriminates against its employees based on race and other categories prohibited by civil rights laws, including through the use of race-based “targets.”
In addition, Jenner was “thrilled” to re-hire the unethical Andrew Weissmann after his time engaging in partisan prosecution as part of Robert Mueller’s entirely unjustified investigation. Andrew Weissmann’s career has been rooted in weaponized government and abuse of power, including devastating tens of thousands of American families who worked for the now defunct Arthur Andersen LLP, only to have his unlawfully aggressive prosecution overturned by the Supreme Court. The numerous reports of Weissman’s dishonesty, including pursuit of nonexistent crimes, bribery to foreign nationals, and overt demand that the Federal Government pursue a political agenda against me, is a concerning indictment of Jenner’s values and priorities.
The Presidential Action begins by stating its authority and then provides background information.
It expresses the administration's concern over the actions of some large law firms, claiming their activities threaten various national interests and that these actions are sometimes indirectly subsidized by clients’ funds.
Specific allegations are leveled against Jenner & Block, including accusations of partisan political representation, discrimination, and unethical behavior by an employee, Andrew Weissmann.
Sec. 2. Security Clearance Review. (a) The Attorney General, the Director of National Intelligence, and all other relevant heads of executive departments and agencies (agencies) shall immediately take steps consistent with applicable law to suspend any active security clearances held by individuals at Jenner pending a review of whether such clearances are consistent with the national interest.
(b) The Office of Management and Budget shall identify all Government goods, property, material, and services, including Sensitive Compartmented Information Facilities, provided for the benefit of Jenner. The heads of agencies providing such material or services shall, to the extent permitted by law, expeditiously cease such provision.
Section 2 addresses security concerns.
Part (a) directs relevant government officials to suspend any active security clearances held by Jenner & Block personnel pending review.
Part (b) instructs the Office of Management and Budget to identify government resources provided to Jenner & Block and directs agencies to stop providing these resources.
Sec. 3. Contracting. (a) To prevent the transfer of taxpayer dollars to Federal contractors whose earnings subsidize, among other things, activities that are not aligned with American interests, including racial discrimination, Government contracting agencies shall, to the extent permissible by law, require Government contractors to disclose any business they do with Jenner and whether that business is related to the subject of the Government contract.
(b) The heads of agencies shall review all contracts with Jenner or with entities that disclose doing business with Jenner under subsection (a) of this section. To the extent permitted by law, the heads of agencies shall:
(i) take appropriate steps to terminate any contract, to the maximum extent permitted by applicable law, including the Federal Acquisition Regulation, for which Jenner has been hired to perform any service; and
(ii) otherwise align their agency funding decisions with the interests of the citizens of the United States; with the goals and priorities of my Administration as expressed in executive actions, especially Executive Order 14147 of January 20, 2025 (Ending the Weaponization of the Federal Government); and as heads of agencies deem appropriate. Within 30 days of the date of this order, agencies shall submit to the Director of the Office of Management and Budget an assessment of contracts with Jenner or with entities that do business with Jenner effective as of the date of this order and any actions taken with respect to those contracts in accordance with this order.
Section 3 focuses on government contracts.
Part (a) requires government contractors to disclose business dealings with Jenner & Block and mandates this disclosure relates to Government contracts.
Part (b) directs agencies to review all contracts involving Jenner & Block or entities that do business with them.
Agencies must attempt to terminate any contracts in accordance with applicable law, and align funding decisions with national interests and existing executive actions.
Sec. 4. Racial Discrimination. Nothing in this order shall be construed to limit the action authorized by section 4 of Executive Order 14230 of March 6, 2025 (Addressing Risks from Perkins Coie LLP).
Section 4 clarifies that this order does not limit actions authorized by Section 4 of Executive Order 14230 (Addressing Risks from Perkins Coie LLP).
Sec. 5. Personnel. (a) The heads of agencies shall, to the extent permitted by law, provide guidance limiting official access from Federal Government buildings to employees of Jenner when such access would threaten the national security of or otherwise be inconsistent with the interests of the United States. In addition, the heads of agencies shall provide guidance limiting Government employees acting in their official capacity from engaging with Jenner employees, including but not limited to Andrew Weissmann, to ensure consistency with the national security and other interests of the United States.
(b) Agency officials shall, to the extent permitted by law, refrain from hiring employees of Jenner, including but not limited to Andrew Weissmann, absent a waiver from the head of the agency, made in consultation with the Director of the Office of Personnel Management, that such hire will not threaten the national security of the United States.
Section 5 concerns personnel actions. (a) mandates agencies limit access of Jenner & Block staff to federal buildings and restrict official interactions between government and Jenner & Block employees to protect national security. (b) directs agencies to refrain from hiring Jenner & Block employees without a waiver from agency heads, made in consultation with the Office of Personnel Management.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
Section 6 contains general provisions. (a) states this order does not limit the authority of executive departments or the Office of Management and Budget. (b) specifies implementation is subject to applicable law and available funding. (c) clarifies that this order does not create any legally enforceable rights.