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Jack’s Angle: President Trump banning lawyers – John J. “Jack” Partridge
President Trump Bans lawyers Whom He Perceives as Representing or Supporting His enemies From Representing Clients Before Federal Agencies or From Entering Federal Offices
Smarting from his experience in various lawsuits, President Trump issued executive orders that make it impossible for designated law firms to represent government contractors, or various non-profit entities before federal agencies; and even limits access to federal offices.
This unprecedented move has been challenged by some of the affected law firms as abusive and unconstitutional under the First, Fifth and Sixth Amendments to the Constitution, while a few firms have negotiated deals with the Administration to obtain exemptions.
For my part, I believe it is unconstitutional, as well as outrageously stupid for any president to pressure lawyers from representing clients in matters that involve the federal government, directly or indirectly, or intentionally attempting to cause clients to avoid such representation, thereby bringing financial harm to the affected firms. Those most immediately affected are mega law firms in major metropolitan areas and Washington, DC who are representing large national businesses and organizations. But the threat is to all lawyers and their clients wherever they are located.
Some of my peers argue that some targets of the President’s wrath deserve to be on the griddle for direct political involvement , as was in the case of one firm being a knowing party to the Russian electoral hoax of 2016, but certainly that is not the case for most firms who usually let lawyers make political contributions individually or participate politically as individuals, not as a firm. What President Trump sees as an army of lawyers from large law firms who oppose his policies and programs in the circumstances of these firms acting for clients who are willing to pay huge fees for their expertise, contacts and past successes.
I believe that everyone has the right to choose their own legal counsel and not be hobbled by a predilection of government as to whom is appropriate in any case or controversy. To put the issue in focus, locally, suppose the Rhode Island Attorney General or Governor published a list of lawyers who as a practical matter were the only ones you could hire to represent you in a criminal case or a dispute with state or local government, and your chosen attorney was not on the list. Feel the impact?
It is too easy to conclude this is just a dispute among large law firms, and the Trump Administration (so who cares?), when, in fact, it goes to the heart of your right to rely on the lawyers of your choice, who are not threatened by a government hellbent on punishing them because of whom they have as clients or because they employ individuals who have political views that may be adverse to some governmental program favored by the office holder, or is an attempt to bar qualified lawyers from acting on behalf of affected clients to keep the litigant from obtaining appropriate counsel.
This is such a dangerous and ill-considered precedent, but it can be easily confused as just another Trump attempt to take his vengeance against the liberal legal bar for the “lawfare” he feels he has been through, especially in New York.
Whether planned or not, it is dangerous for your liberties.
Full disclosure, I have practiced law in Rhode Island for more than 40 years and care deeply about your right to choose counsel, without pressure from government. Choose whomever you choose for whatever reason, but not because your lawyer or law firm is not on a ‘hit list.’
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To read more columns by Jack Partridge, go to: https://rinewstoday.com/our-team/john-j-jack-partridge/
John J. ‘Jack’ Partridge, is a retired lawyer and Senior Counsel to the firm of Partridge Snow & Hahn LLP, with four offices in Rhode Island and Massachusetts.A Pawtucket native, Jack graduated from St. Raphael Academy and summa cum laude of Providence College, where he majored in history. After Harvard Law School, he served in the United States Army in Vietnam, where he was awarded the Joint Service Commendation Medal. In 1967, he joined the firm of Tillinghast Collins & Tanner. In 1988, he became a founding partner of Partridge Snow & Hahn LLP.
Jack has been engaged in many civic, political, governmental, and business organizations, serving as legal counsel to the Greater Providence Chamber of Commerce for 27 years and was chairman of the Old Slater Mill Association, Common Cause Rhode Island, and Memorial Hospital of Rhode Island.
He is the co-founder of The Pawtucket Foundation and an officer and director of innumerable not-for-profit entities. He served as a member of the Board of Directors of the Pawtucket Boys & Girls Club and was Treasurer of the Ocean State Charities Trust.
Jack has a long history of leadership involvement with Providence College, which recognized him in 1999 with the Providence College Alumni Association Recognition Award for Public and Community Service, and in 2011, with an honorary Doctor of Laws degree.
He is married to the former Regina McDonald and has three children: Sarah, Gregory and David.
Why do people bother to comment on a specific issue and then run on with a laundry list of irrelevant complaints and balderdash, on other issues? Sigh.
Democracy is messy. The rule of law is our essential treasure. The President must never interfere with the rule of law or with the practice of law.
Trump makes some brilliant moves and he also makes ones that are “outrageously stupid,” as you said. In taking action against lawyers he makes himself into Jack the Butcher in Henry VI, part 2. Trump is a piece of work, all right, but so are the several lawyers who twisted the law to go after him. Human beings, I guess. Only true statesmen and heroes are bound by principle. Few and far between. But the courts are to be bound by principles, and in that lies our political safety, if any. We must have lawyers. Lawyers free from coercion. And free people.
Agree with you completely.
Russia did interfere in our election over social media. Right-wing framing, repeated over and over, will never prove truth. It is not settled law.
Jack,
Good piece! I agree with you 99%.
My only qualification would be that Trump or other Presidents or Government officials should absolutely be banned from baring lawyers as they did, EXCEPT FOR MY COMPETITORS!
All best
John
PS Glad they let you use your college graduation picture in the RI News!
I believe that Judges and lawyers should stay in their district and mind their own business when the President of the United States issues an executive order. “We the People” have voted and won.These Judges and lawyers are coming out of the woodwork costing taxpayers millions of dollars to go against the will of the majority of American voters just for SCOTUS to inform them to stay in their lane.Its been a political hit on this President since the beginning! He’s fixing the problems the prior President created! He won overwhelmingly by huge numbers to MAGA! And thats what he’s going to do.Thank you
Federal judges are part of the Judicial branch. They are appointed to those seats. I would disagree with you. No lawyers are coming out of the woodwork. Trump’s lawyers seem to be the only ones with a permanent seat in courtrooms. His EOs are flawed and some aren’t legal. When called out for violating a piece of the Constitution, the lawyers run to court & object. A judge needs proof/evidence to make a decision/ruling. They refuse to comply with the phony ‘states secret’ when all of us saw men tossed onto a plane. The judge’s questions were simple. How many were deported? Were they given due process? No answer so the judge can’t rule. Millions of $$ wasted because whoever is telling Trump what to use is setting him up to fail. Trump doesn’t know laws but someone does. Trump is lazy, never does his own work.
The will of the people has become What the hell is going on? This isn’t a partisan question or political hit. It’s a valid question from all sides of the spectrum. I have to correct you. Trump barely won. Two million votes isn’t huge nor is it a mandate.
Biden, like the rest of us, made mistakes. He left the White House in good order. He added jobs, over and above the pre pandemic level. Economy was good, unemployment was low. Jobs were plentiful. He mended fences with allies that Trump had ticked off. Biden traveled all over the world, meeting with other heads of state. He didn’t sit in the Oval Office , summoning others to kiss his ring. Trump doesn’t move unless it’s to play golf at $4 million bucks every weekend. That’s a waste of taxpayer money. Am I better off now than 4 months ago? No. Do I feel safe? No.
I don’t get the warm and fuzzies when I see or hear him.