Addressing Risks from Susman Godfrey
This Presidential Action targets Susman Godfrey LLP, alleging the firm's actions undermine national security, election integrity, and are racially discriminatory.
The order directs the immediate suspension of security clearances held by Susman Godfrey employees, reviews of government contracts with the firm or those affiliated with it, and limits official engagement between federal employees and Susman Godfrey personnel.
It aims to prevent taxpayer money from funding activities inconsistent with US interests and prioritizes national security and fairness.
Arguments For
Protecting National Security: The order aims to safeguard national security by reviewing security clearances and limiting access to sensitive information for individuals associated with Susman Godfrey, whose activities are deemed detrimental to national interests.
Upholding Election Integrity: By addressing Susman Godfrey's alleged involvement in undermining election quality, the order seeks to protect the integrity of the American electoral process.
Combating Racial Discrimination: The order directly confronts Susman Godfrey's alleged discriminatory practices, aligning federal policy with principles of equal opportunity and non-discrimination.
Responsible Use of Taxpayer Funds: The order strives to ensure that taxpayer money is not used to fund entities engaged in activities considered harmful to American interests, promoting responsible spending and accountability.
Preventing Conflicts of Interest: The measures outlined aim to mitigate potential conflicts of interest that might arise from government involvement with firms pursuing actions counter to national interests.
Arguments Against
Overreach of Executive Power: Critics may argue that the order represents an overreach of executive authority, potentially infringing upon the rights of Susman Godfrey and its employees without due process.
Potential for Chilling Effect: The order's provisions could create a chilling effect on legal practice, discouraging advocacy on controversial issues or limiting the ability of firms to represent clients effectively.
Lack of Transparency and Due Process: Concerns may be raised regarding the lack of specific evidence presented publicly to support the allegations against Susman Godfrey and the process for contesting accusations.
Disproportionate Impact: The actions might disproportionately affect Susman Godfrey compared to other law firms engaging in similar activities, raising concerns about fairness and equal application of the law.
Impeding Diversity Initiatives: Some might argue that the order's focus on Susman Godfrey's diversity programs could inadvertently hinder legitimate efforts to promote diversity and inclusion in the legal profession.
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. Lawyers and law firms that engage in activities detrimental to critical American interests should not have access to our Nation’s secrets, nor should their conduct be subsidized by Federal taxpayer funds or contracts. My Administration must also take appropriate and necessary measures to guard against the actual, potential, or perceived conflicts of interest that arise when the Government funds, engages with, or otherwise devotes resources to law firms and their clients that engage in conduct undermining critical American interests and priorities.
I have determined that action is necessary to address the significant risks, egregious conduct, and conflicts of interest associated with Susman Godfrey LLP (Susman). Susman spearheads efforts to weaponize the American legal system and degrade the quality of American elections. Susman also funds groups that engage in dangerous efforts to undermine the effectiveness of the United States military through the injection of political and radical ideology, and it supports efforts to discriminate on the basis of race.
Susman itself engages in unlawful discrimination, including discrimination on the basis of race. For example, Susman administers a program where it offers financial awards and employment opportunities only to “students of color.” My Administration is committed to ending such unlawful discrimination perpetrated in the name of “diversity, equity, and inclusion” policies and ensuring that Federal benefits support the laws and policies of the United States, including those laws and policies promoting our national security and respecting the democratic process. Those who engage in blatant discrimination and other activities inconsistent with the interests of the United States should not have access to our Nation’s secrets nor be deemed responsible stewards of any Federal funds.
This section provides the rationale for the Presidential Action.
It argues that law firms engaging in activities detrimental to US interests should not have access to national secrets or receive federal funding.
The section specifically names Susman Godfrey LLP, citing its alleged actions to undermine elections, the military, and engaging in racial discrimination.
The administration states a commitment to ending unlawful discrimination and ensuring federal funds support US laws and policies.
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 Susman, 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 Susman. The heads of agencies providing such material or services shall, to the extent permitted by law, expeditiously cease such provision.
This section mandates actions regarding security clearances.
Part (a) requires a review of Susman Godfrey employees' security clearances, with immediate suspension pending the review.
Part (b) directs the Office of Management and Budget to identify all government resources provided to Susman and cease provision where legally permissible.
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 Susman and whether that business is related to the subject of the Government contract.
(b) The heads of agencies shall review all contracts with Susman or with entities that disclose doing business with Susman 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 Susman 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 Susman or with entities that do business with Susman effective as of the date of this order and any actions taken with respect to those contracts in accordance with this order.
This section focuses on government contracting.
Part (a) requires contractors to disclose any business dealings with Susman.
Part (b) orders a review of all contracts with Susman or entities that do business with Susman, directing termination where legally possible and alignment of funding with U.S. interests.
Agencies are given 30 days to report their findings to the OMB.
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).
This section clarifies that this order does not limit the actions authorized in Section 4 of Executive Order 14230, which addresses 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 Susman 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 Susman employees 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 Susman, 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.
This section addresses personnel-related matters.
Part (a) instructs agencies to limit Susman employees' access to federal buildings and official engagement with government employees when such actions pose a threat to national security or contradict U.S. interests.
Part (b) directs agencies to generally refrain from hiring Susman employees unless a national security waiver is granted.
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.
THE WHITE HOUSE,
April 9, 2025.
This section includes general provisions.
Part (a) clarifies the order does not affect existing legal authorities or OMB functions.
Part (b) states the order's implementation depends on available funding and compliance with the law.
Part (c) specifies that this order does not create any legally enforceable rights.