Washington, D.C. – In a significant move by the Trump administration, a new memorandum was issued on Saturday instructing Attorney General Pam Bondi to seek sanctions against lawyers and their firms for filing what is described as “frivolous, unreasonable, and vexatious” lawsuits against the federal government. This directive is part of a broader effort to clamp down on legal challenges against White House policies, especially those involving immigration cases President Trump deems without merit.
The memorandum references the Rules of Professional Conduct 3.1, accusing many legal practitioners of overlooking these standards in their litigation against federal agencies or when engaging in what it calls “baseless partisan attacks.” It also invokes Federal Rule of Civil Procedure 11, which prohibits filing claims that are improperly motivated, lack evidentiary support, or are not based on current law.
One of the memorandum’s specific targets is the U.S. immigration system, which the administration claims is “rife with fraudulent and meritless claims.” The document criticizes lawyers for allegedly coaching clients to fabricate stories to obtain asylum, thus overloading the government with the task of countering these false claims.
Attorney General Bondi is tasked with not only pursuing sanctions where misconduct is identified but also with referring lawyers for disciplinary actions if they breach pertinent ethical rules. Moreover, the directive suggests that responsibility for such violations may, where appropriate, extend to senior partners or law firms if misconduct is committed by junior attorneys.
Additionally, the directive mandates a thorough review of the conduct of attorneys and law firms involved in lawsuits against the federal government over the past eight years. If any misconduct is discovered, Bondi is to recommend actions to the president that could include reevaluating lawyers’ security clearances or terminating federal contracts with implicated firms.
President Trump underscored in his statement that law firms and attorneys wield significant influence and must commit to upholding justice, law, and order. He also stated that regular reports on compliance and improvements in ethical practices within law firms should be submitted by the Attorney General, in concert with the Counsel to the President.
This directive builds on earlier presidential actions targeting law firms. A notable instance occurred earlier this month when the administration suspended security clearances of Perkins Coie LLP, citing both its diversity-focused hiring and its past political engagements, notably with Hillary Clinton’s presidential campaign. Another instance saw the temporary revocation of clearances from lawyers at Paul Weiss Rifkind Wharton & Garrison LLP, citing their DEI initiatives and connections to a Manhattan district attorney’s probe. Although the order was soon rescinded, it was replaced by a condition that Paul Weiss commit to a $40 million pro bono project supporting government policy goals.
The consistent pattern of these directives and actions highlights a stark assertion of executive power in regulating and influencing the legal profession’s interaction with government litigation, raising significant discussions about the balance between legal advocacy and government oversight.
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