The Guardian

03/22/2025

Trump’s memo directed Bondi to seek sanctions against the firms or disciplinary actions against the lawyers. But imposing sanctions is up to federal judges, and perhaps in recognition of the uncertainty that his attorney general would prevail, Trump also ordered referrals to the White House.

“When the attorney general determines that conduct by an attorney or law firm in litigation against the federal government warrants seeking sanctions or other disciplinary action, the attorney general shall … recommend to the president … additional steps that may be taken,” the memo said.

The memo, as a result, created a formal mechanism for Trump to unilaterally decide whether to impose politically charged sanctions through executive orders that strip lawyers of the security clearances they need to perform their jobs or prevent them from working on federal contracts.

Multiple legal experts suggested the memo would theoretically allow Bondi to decide a particular lawsuit that triggered a temporary injunction was causing an unnecessary delay, and refer the firm that filed the suit to face the effects of a punitive executive order.

That could cause a chilling effect and lead to the volume of litigation against the Trump administration to decline, the experts said. Even if the lawsuits are in fact for a legitimate purpose, there’s fear that their representation could put them in the president’s cross hairs and endanger their legal practices.

Trump also directed Bondi to open a review into the “conduct” of lawyers and their respective law firms in litigation against the federal government reaching back to the start of his first term in 2017 – and recommend whether it warranted additional punitive actions.

The memo comes as Trump in recent weeks has used executive orders targeting law firms to great effect.

Most recently, Trump stripped lawyers at the firm Paul Weiss of their security clearance and barred its employees from entering federal government buildings over his long-held complaint about a former partner, Mark Pomerantz, who tried to build a criminal case against him in New York.

The executive order targeting Paul Weiss was nearly identical to an order that punished the firm Perkins Coie over its ties to a lawyer who once worked with Hillary Clinton’s 2016 campaign, and another aimed at Covington and Burling, which represented the former special counsel Jack Smith.

Paul Weiss had its order withdrawn on Thursday after its chair, Brad Karp, offered a series of concessions including offering up criticism of Pomerantz apparently to appease Trump. He committed to providing $40m worth of legal services to causes that Trump has championed.