US Justice Department asserts presidential privilege in ABA law firm suit
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The U.S. Justice Department told a federal judge in Washington that the Trump administration cannot be forced to identify advisers involved in executive orders targeting law firms, citing presidential communications privilege. The filing on Monday responded to an order from U.S. District Judge Amir Ali that would require the White House to name officials who drafted, reviewed and approved the orders. Four law firms have won permanent court orders barring enforcement of Trump’s orders against them.
Key Facts
- The Justice Department formally asserted executive privilege in a filing on Monday in the federal court in Washington.
- U.S. District Judge Amir Ali ordered the White House to name individuals involved in the drafting, review and approval of executive orders targeting law firms.
- The American Bar Association filed the lawsuit last year alleging an unlawful policy of targeting firms based on legal work, hiring, diversity policies and political ties.
- Four law firms won permanent court orders last year barring enforcement of Trump’s executive orders against them.
- Nine other firms struck deals with the White House and pledged nearly $1 billion in free legal work to causes favored by the administration.
The Privilege Claim
The Justice Department argued that disclosing the names of advisers involved in the law firm executive orders would intrude on presidential decision-making and raise separation-of-powers concerns. The department told the court that advice provided to the president and his close advisers "constitute the core of the presidential communications privilege." The administration's lawyers cited a 2004 U.S. Supreme Court decision involving former White House chief of staff Dick Cheney to argue that evidence gathering at the White House is limited. The government said it was not withholding information that was already public, including material from official statements and White House social media accounts.
The ABA Lawsuit
The American Bar Association is seeking records in a lawsuit filed last year in the federal court in Washington. U.S. District Judge Amir Ali ordered the White House to identify individuals involved in drafting, reviewing and approving executive orders targeting law firms and lawyers. The ABA alleges the Trump administration adopted an unlawful policy of targeting law firms and lawyers based on their legal work, hiring, diversity policies and political ties. The case is American Bar Association v. Executive Office of the President, No. 1:25-cv-01888-AHA in the U.S. District Court for the District of Columbia.
Law Firm Court Orders and Deals
Four law firms won court orders last year permanently barring enforcement of Trump’s executive orders against them. The Trump administration's appeal is pending in those cases. Nine other firms struck deals with the White House to avoid similar measures. Those nine firms pledged to donate nearly $1 billion in free legal work to causes favored by the administration.
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US Justice Department asserts presidential privilege in ABA law firm suit
