In this episode, co-hosts David Turner and Markus Wagner dive into the Trump administration’s escalating conflicts with the legal profession and their wider impact on democracy. Together with Georgetown Law Professor David Luban they unpack President Trump’s push for control over all branches of government and how his attacks on law firms echo similar efforts against universities and the media. They discuss the Executive Orders against lawyers and law firms such as Paul Weiss and Perkins Coie and how such action is meant to coerce lawyers and law firms to stop representing clients opposed to the administration.
The episode explores how new policies, including sanctions on lawyers opposing the government, echo the “Dual State” concept from 1930s Germany. Is this a slide toward autocracy? Join the hosts as they dissect the weaponization of legal institutions, the erosion of democratic norms, and what this means for the future of the rule of law.
Links:
American Bar Association, The ABA rejects efforts to undermine the courts and the legal profession
Anna Bauer, Brad Karp email to Paul Weiss staff, X.com
Matthew Diller, Lawyers Must Not Stay Quiet in Face of Trump Attack on Firms, Bloomberg Law
The Editorial Board, Who Will Defend the Defenders of the Constitution?, The New York Times
Erica L. Green, Zolan Kanno-Youngs and Maggie Haberman, How Trump Is Trying to Consolidate Power Over Courts, Congress and More, The New York Times
Stephen I. Vladeck, Trump Is Breaking Things. They Can’t All Be Fixed by the Courts, The New York Times
The White House, Preventing Abuses of the Legal System and the Federal Court
The White House, Addressing Risks from Perkins Coie LLP
The White House, Preventing Abuses of the Legal System and the Federal Court
Jasper Ward and Mike Scarcella, Trump withdraws order targeting Paul Weiss, says law firm promised free legal work, Reuters
Staci Zaretsky, A Third-Year Skadden Associate Is The Only Person In Biglaw Willing To Publicly Condemn Trump’s Threat To The Rule Of Law, Above the Law
Recommendations:
City of God, movie and book
Markus Wagner is Professor of Law at the University of Wollongong, Australia and has advised the private sector, governments and international organizations. An award-winning instructor, his academic work and consulting are focused on the intersections of international trade law and governance, and international peace and security, as well as US and Australian constitutional law. Professor Wagner is a sought after commentator on TV, radio and other news outlets. Social media handles: LinkedIn, X, Bluesky.
David Luban is a University Professor and Professor of Law and Philosophy. Since 2013, he has also served as Class of 1984 Distinguished Chair in Ethics at the U.S. Naval Academy’s Stockdale Center for Ethical Leadership. His research interests center on moral and legal responsibility in organizational settings, including law firms, government, and the military. In addition to legal ethics, he writes on international criminal law, national security, and just war theory. His current project is a book on the moral and legal philosophy of Hannah Arendt. His social media handles include: LinkedIn.
David Turner is a lawyer and software developer from Sydney, Australia. As the principal lawyer of Empirical Legal, David advises Australian startups, scale-ups and small businesses on corporate advisory and technology challenges. As a co-founder of Lext, David works to make the law easier to access and easier to practise through software. Lext develops its own software-as-a-service products, and also works with government agencies, law firms and not-for-profit organisations to develop technological solutions to law and justice problems. Social media handles: LinkedIn.