Addressing Risks from Perkins Coie LLP
President Trump issued an executive order addressing alleged misconduct by the law firm Perkins Coie LLP. The order directs a review of security clearances held by Perkins Coie employees, mandates the cessation of government contracts with the firm and entities doing business with it, and initiates investigations into allegations of racial discrimination.
The order aims to protect national security, ensure responsible use of taxpayer funds, and uphold the principles of equal opportunity and fair elections.
Arguments For
National Security Concerns: The order cites concerns that Perkins Coie's actions, including alleged involvement in undermining democratic elections and potential security risks, warrant a review of security clearances and limiting access to sensitive information.
Protecting Taxpayer Dollars: The order aims to prevent taxpayer money from supporting firms engaged in allegedly discriminatory practices and actions that undermine democratic processes.
Promoting Equality and Fairness: The order seeks to address allegations of racial discrimination by Perkins Coie and to promote equal opportunity in employment within large law firms.
Holding Entities Accountable: The order establishes a process for investigating the allegations and holding the firm accountable for its actions, if the allegations are substantiated.
Supporting Democratic Processes: The order asserts that these actions are necessary to protect and uphold the integrity and fairness of elections and preserve trust in democratic institutions.
Arguments Against
Potential for Overreach: Critics might argue that the order represents an overreach of executive authority, potentially impacting the firm unfairly without due process.
Impact on Due Process: The suspension of security clearances without a full investigation could be seen as a violation of due process rights for individuals employed at Perkins Coie.
Limited Scope of Investigation: The order focuses primarily on Perkins Coie, potentially overlooking similar concerns in other law firms.
Potential for Chilling Effect: The order's broad language regarding scrutiny of law firms could create a chilling effect, discouraging free speech and advocacy.
Political Motivation: Some may argue the order is politically motivated, targeting a firm associated with the opposing political party.
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. Purpose. The dishonest and dangerous activity of the law firm Perkins Coie LLP (“Perkins Coie”) has affected this country for decades. Notably, in 2016 while representing failed Presidential candidate Hillary Clinton, Perkins Coie hired Fusion GPS, which then manufactured a false “dossier” designed to steal an election. This egregious activity is part of a pattern. Perkins Coie has worked with activist donors including George Soros to judicially overturn popular, necessary, and democratically enacted election laws, including those requiring voter identification. In one such case, a court was forced to sanction Perkins Coie attorneys for an unethical lack of candor before the court.
In addition to undermining democratic elections, the integrity of our courts, and honest law enforcement, Perkins Coie racially discriminates against its own attorneys and staff, and against applicants. Perkins Coie publicly announced percentage quotas in 2019 for hiring and promotion on the basis of race and other categories prohibited by civil rights laws. It proudly excluded applicants on the basis of race for its fellowships, and it maintained these discriminatory practices until applicants harmed by them finally sued to enforce change.
My Administration is committed to ending discrimination under “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 race-based and sex-based discrimination, including quotas, but purposefully hide the nature of such discrimination through deceiving language, have engaged in a serious violation of the public trust. Their disrespect for the bedrock principle of equality represents good cause to conclude that they neither have access to our Nation’s secrets nor be deemed responsible stewards of any Federal funds.
This section outlines the reasons for the executive order.
It alleges that Perkins Coie engaged in dishonest and dangerous activities, including involvement in creating a false dossier to influence the 2016 election, working to overturn voter ID laws, and engaging in racial discrimination in hiring and promotion.
The administration claims these actions warrant the actions detailed in the subsequent sections.
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 Perkins Coie, 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 Perkins Coie. The heads of all agencies providing such material or services shall, to the extent permitted by law, expeditiously cease such provision.
This section addresses security concerns.
Subsection (a) orders the suspension of security clearances held by Perkins Coie employees pending a review.
Subsection (b) directs the Office of Management and Budget to identify and cease providing government resources to Perkins Coie.
Sec. 3. Contracting. (a) To prevent the transfer of taxpayer dollars to Federal contractors whose earnings subsidize, among other things, racial discrimination, falsified documents designed to weaponize the Government against candidates for office, and anti-democratic election changes that invite fraud and distrust, Government contracting agencies shall, to the extent permissible by law, require Government contractors to disclose any business they do with Perkins Coie and whether that business is related to the subject of the Government contract.
(b) The heads of all agencies shall review all contracts with Perkins Coie or with entities that disclose doing business with Perkins Coie 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 Perkins Coie has been hired to perform any service;
(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, all agencies shall submit to the Director of the Office of Management and Budget an assessment of contracts with Perkins Coie or with entities that do business with Perkins Coie 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 contracts.
Subsection (a) requires disclosure of any business relationships with Perkins Coie from government contractors.
Subsection (b) directs agencies to review and terminate contracts with Perkins Coie and entities doing business with them, aligning funding decisions with the national interest and the President's stated priorities, and submitting a report within 30 days.
Sec. 4. Racial Discrimination. (a) The Chair of the Equal Employment Opportunity Commission shall review the practices of representative large, influential, or industry leading law firms for consistency with Title VII of the Civil Rights Act of 1964, including whether large law firms: reserve certain positions, such as summer associate spots, for individuals of preferred races; promote individuals on a discriminatory basis; permit client access on a discriminatory basis; or provide access to events, trainings, or travel on a discriminatory basis.
(b) The Attorney General, in coordination with the Chair of the Equal Employment Opportunity Commission and in consultation with State Attorneys General as appropriate, shall investigate the practices of large law firms as described in subsection (a) of this section who do business with Federal entities for compliance with race-based and sex-based non-discrimination laws and take any additional actions the Attorney General deems appropriate in light of the evidence uncovered.
This section addresses racial discrimination allegations.
Subsection (a) directs the Equal Employment Opportunity Commission to review practices of large law firms for compliance with Title VII of the Civil Rights Act of 1964.
Subsection (b) tasks the Attorney General with investigating these firms' practices and taking further action as needed.
Sec. 5. Personnel. (a) The heads of all agencies shall, to the extent permitted by law, provide guidance limiting official access from Federal Government buildings to employees of Perkins Coie 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 all agencies shall provide guidance limiting Government employees acting in their official capacity from engaging with Perkins Coie 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 Perkins Coie, 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 focuses on limiting interactions between the federal government and Perkins Coie employees.
Subsection (a) directs agencies to limit access to federal buildings and official engagement with Perkins Coie employees.
Subsection (b) restricts hiring Perkins Coie employees without a waiver from the agency head.
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.
This section provides general provisions regarding the implementation and interpretation of the order.
It clarifies that the order does not affect existing legal authority and is subject to existing laws and funding.
It also states that the order does not create any legal rights or benefits.