Reps. Dave Min and April McClain Delaney Lead Letters to Law Firms Requesting Details On Their Agreements With President Trump; Raising Legal and Ethical Concerns Under Federal and State Laws and Professional Ethics Codes

Reps. Min, McClain Delaney: “Agreements of this kind also signal acquiescence to an abuse of federal power, raising serious questions about how or whether your firm would represent clients or take on matters that might be seen as antagonistic to President Trump or his agenda”

Washington, D.C. — Recent media reports have shed light on agreements reached between the Trump administration and nine major law firms. These firms allegedly entered into these arrangements either to seek the reversal of specific executive orders issued by President Trump or to avoid being targeted by such orders. These agreements require, among other concessions, that the law firms dedicate millions of dollars in pro bono legal services and cease the use of diversity, equity, and inclusion in their hiring practices. Following these reports, and first reported by ABC News, Representatives Dave Min (CA-47) and April McClain Delaney (MD-6) led 14 members of Congress in new letters to these firms requesting information on the enforceability of these agreements, how each agreement was formed, what promises were made, and how the agreements will be implemented.

Reps. Min and McClain Delaney, both attorneys, believe that the President’s Executive Orders pose a serious threat to the integrity and independence of our judicial system and the administration of justice. These agreements further threaten to undermine Constitutionally protected rights of the firms and their clients, including the freedoms of speech and association, and the right to counsel.

“As members of the United States House of Representatives, we took an oath to uphold the Constitution and laws of the United States. Many of the signatories to this letter are lawyers, and several of us have worked at major law firms. We have deep respect for the long tradition that your firm carries, and we urge you to reconsider your decision–one which we can sympathize with but which we think is a clear mistake–to seemingly capitulate to clear abuse of the law by the Trump administration,” wrote Reps. Min and McClain Delaney.

The package of letters is available here.

This package of letters requests details on the formation, legality, and enforceability of these agreements made with the Trump administration. These letters request a detailed explanation about whether these agreements pass legal muster or potentially open these firms up to liability under federal and state statutes, including:

• violating federal bribery law, which prohibits anyone, under threat of both criminal and civil liability, from corruptly offering and promising something of value to public officials with the intent to influence their official acts. (18 U.S.C. § 201(b)(1));
• aiding and abetting violations of the federal Hobbs Act, which prohibits obstruction, delay, or affecting commerce by extortion under color of official right (18 U.S.C.§ 1951);
• violating federal anti-fraud “honest services” statutes, which prohibit schemes to defraud the public of the honest services of public officials using mail and wire communications (18 U.S.C. §§ 1341/1343, 1346, 1349);
• violating federal racketeering law, which prohibits the participation in an enterprise engaged in a pattern of racketeering activity (18 U.S.C. § 1962);
• violating state laws, such as New York Penal Law § 200.03, which prohibits offering or agreeing to confer benefits valued over $5,000 on a public servant with the understanding that such public servant’s actions will be influenced thereby.

In addition to these potential Constitutional and legal violations, the letters also inquire as to whether the law firm agreements fully comply with state bar ethics requirements.  Attorneys are bound by rules of professional conduct, and may not engage in conduct that would be prejudicial to the administration of justice, nor may they agree to limit their future practice of law. These letters point out that the settlements may raise numerous issues.

The letters are requesting more information from the leadership of Kirkland & Ellis LLP, Latham & Watkins LLP, Allen Overy Shearman Sterling LLP, Simpson Thacher & Bartlett LLP, Skadden, Arps, Slate, Meagher & Flom LLP, Willkie Farr & Gallagher LLP, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Cadwalader, Wickersham & Taft LLP, and Milbank LLP.

Rep. Min is a former law professor and SEC enforcement attorney who has made it his career’s work to stand up for the rule of law. He serves on the House Oversight Committee.

The letter was signed by Reps. Yassamin Ansari (AZ-3), Sean Casten (IL-6), Rashida Tliab (MI-12), Becca Balint (VT), Susie Lee (NV-3), Shri Thanedar (MI-13), Nanette Barragán (CA-44), Lloyd Doggett (TX-35), Nikema Williams (GA-5), Maxine Dexter (OR-3), Hank Johnson (GA-4), Sylvia Garcia (TX-29), Sam Liccardo (CA-16), and Frank Pallone (NJ-6).