Fighting the President’s Executive Orders

John Christie • April 2, 2025

Among Donald Trump’s most recent targets is what he calls “rogue law firms.”  

At 6pm last Thursday, March 27, he issued an Executive Order (EO) aimed at my old law firm, WilmerHale, as one of those “rogue” firms.

Approximately 15 hours later, the firm filed a 63-page complaint challenging the EO on multiple constitutional grounds.

The EO is an “unprecedented assault on the bedrock principle that one should not be penalized for merely defending or prosecuting a lawsuit” and constitutes an “undisguised form of retaliation for representing clients and causes Trump disfavors.”

And by 8pm on Friday, March 28, a little over 24 hours after the EO was first issued, a federal district court judge in Washington granted a request for a temporary restraining order, blocking key provisions of the EO from taking effect for now. In doing so, the Court found that “the retaliatory nature of the EO is clear from its face. There is no doubt that it chills speech and legal advocacy and qualifies as a constitutional harm.”

The Executive Order

The EO and a so-called “Fact Sheet” that went with it recites that the Administration is committed to addressing the significant risks associated with law firms, particularly so-called “Big Law” firms that engage in conduct detrimental to critical American interests. Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale) is yet another law firm said to have abandoned the legal profession’s highest ideals and abused its pro bono practice by engaging in activities that “undermine justice and the interests of the United States.”

The specific examples offered in support of this conclusion:

The EO asserts that WilmerHale “engages in obvious partisan representations to achieve political ends,” an apparent reference to the firm’s representation of Trump’s political opponents — namely the Democratic National Committee and the presidential campaigns of Joe Biden and Kamala Harris.

The EO cites WilmerHale’s “egregious conduct” in “supporting efforts to discriminate on the basis of race,” an apparent reference to the firm’s representation of Harvard in the Students for Fair Admissions litigation.

The EO accuses WilmerHale of “backing the obstruction of efforts to prevent illegal aliens from committing horrific crimes,” an apparent reference to the firm’s litigation related pro bono practice and successful challenges to immigration related policies.

The EO accuses WilmerHale of “furthering the degradation of the quality of American elections,” an apparent reference to the film’s involvement in challenges to restrictive state voter-identification and voter-registration laws.

The EO singles out certain current and former WilmerHale partners, including Robert Mueller, for special criticism by describing Mr. Mueller’s investigation as “one of the most partisan investigations in American history” and having “weaponized the prosecutorial power to suspend the democratic process and distort justice.”

The EO then
  • Revokes security clearances held by WilmerHale attorneys;
  • Prohibits the federal government from hiring WilmerHale employees absent a special waiver;
  • Orders a review and the possible termination of federal contracts with entities that do business with the firm;
  • Calls for the withdrawal of government goods or services from the firm; and
  • Calls for restrictions on the ability of WilmerHale employees to enter federal buildings (presumably including federal courthouses) and on their “engaging” with government employees.
WilmerHale’s Complaint

WilmerHale engaged Paul Clement, a former Solicitor General during the George W. Bush administration and a well-known advocate frequently representing conservative causes, to represent the firm in this matter.

Assisted by some 15 WilmerHale litigators, the complaint names the Executive Office of the President and 48 other Departments, Commissions, and individual Officers in their official capacity as defendants. A variety of constitutional violations are alleged:
  • The First Amendment protects the rights of WilmerHale and its clients to speak freely, and petition the courts and other government institutions without facing retaliation and discrimination by federal officials.
  • The separation of powers limits the President’s role to enforcing the law and no statute or constitutional provision empowers him to unilaterally sanction WilmerHale in this manner.
  • The EO flagrantly violates due process by imposing severe consequences without notice or an opportunity to be heard.
  • The EO violates the right to counsel protected by the Fifth and Sixth Amendments and imposes unconstitutional conditions on federal contracts and expenditures.
The complaint alleges that WilmerHale has already suffered irreparable damage in the 16 hours since the EO issued. The firm has been vilified by the most powerful person in the country as a “rogue law firm” that has “engaged in conduct detrimental to critical American interests. The EO will inevitable cause extensive, lasting damage to WilmerHale’s current and future business prospects. The harm to the firm’s reputation will negatively affect its ability to recruit and retain employees.

Further Proceedings

Temporary restraining orders constitute emergency relief upon a showing of likely success on the merits and irreparable harm were the temporary relief not entered.

A later hearing will be held in order for the judge to determine whether a preliminary injunction should be issued preventing the government from executing the EO during the continued length of the litigation.  


Editorial Note: In light of the recent capitulation of several “Big Law” firms to the unreasonable and unconstitutional attacks by the Trump administration, WilmerHale is providing a blueprint for resistance as it fights back. More law firms need to be inspired by WilmerHale’s response to Trump’s demand for revenge on his so-called political enemies.


John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes. 

Common Sense for the Eastern Shore

By Jan Plotczyk September 10, 2025
 At Shore Progress’s monthly meeting last week, the tension between national politics and local opportunity was on full display. With President Donald Trump escalating his attacks on offshore wind, representatives from US Wind and the Oceantic Network made their case directly to members gathered in Salisbury. From the outset, the presenters stressed the scale of what’s coming to the Eastern Shore. “This project is the equivalent of building two nuclear power plants off our coast,” US Wind representative Dave Wilson said, pointing to plans for 114 turbines and four offshore substations. Together, he said, the project will generate two net gigawatts of clean energy, enough to power approximately 26% of the homes in Maryland. The presentation walked members through the timeline: a four-phase buildout beginning in the southeast corner of the lease area, with each phase, including its own export cable, routed through Indian River Bay into the regional grid at the Indian River Power Plant in Delaware. Environmental safeguards on display Slides showed how US Wind plans to minimize negative effects on wildlife. The company will use an aircraft detection lighting system to keep turbines dark until a low-flying aircraft approaches, reducing night-sky light pollution. Marine protections include bubble curtains to dampen noise during pile driving, visual and acoustic monitoring for whales, and strict shutdown zones if animals enter construction areas. Lights will be on less than 1% of the time in any given year, underscoring their view that offshore wind can coexist with migratory birds, commercial fishing, and marine transit. Economic promise for the Shore The discussion turned quickly to what the project means locally. US Wind pledged hundreds of jobs for the Shore, with commitments to use union labor and partner with minority, women, and veteran-owned businesses. Officials noted that the Lower Shore Workforce Alliance has already received $700,000 from Maryland Works for Wind to build training programs, while community colleges are adjusting trade curricula to educate the next generation of turbine technicians. A planned operations and maintenance facility in West Ocean City will house technicians and crew transfer vessels, bringing steady employment and infrastructure investment to the harbor. A national fight with local stakes The meeting didn’t shy away from politics. Several members noted Trump’s repeated attempts to derail offshore wind projects including his latest push to revoke US Wind’s federal permit. US Wind officials acknowledged that such lawsuits could delay progress but insisted that the project’s federal approvals are on solid ground. “This is the Eastern Shore's moment,” Shore Progress Chair Jared Schablein said, referring to a slide that showed more than $815 million in offshore wind investments statewide. “The question is whether politics will slow us down, or whether we keep building for the Shore’s future.” The presentation had a clear message: Offshore wind is not just about clean power, but also about jobs, investment, and opportunity for Eastern Shore families. Jan Plotczyk spent 25 years as a survey and education statistician with the federal government, at the Census Bureau and the National Center for Education Statistics. She retired to Rock Hall.
By Gren Whitman September 10, 2025
Standing at the Legacy at Twin Rivers apartment community in Howard County, Maryland Gov. Wes Moore signed an executive order aimed at addressing his state’s deepening housing crisis. Titled Housing Starts Here, his order is designed to accelerate construction of affordable homes and cut through what Moore called years of “no and slow” decision-making in state housing policy. Maryland is facing a shortage of at least 96,000 housing units, according to state estimates, a gap that officials say has driven up prices, pushed families out of the state, and stifled economic growth. “Building pathways to wealth for Marylanders, creating jobs, attracting new businesses and residents, growing our economy, and securing our future all start with housing,” Moore said at the signing. “We need to be the state of yes and now.” Five guiding principles The executive order lays out five core priorities for state housing policy: Use state land for housing . Agencies must identify surplus properties and land near transit stations that can be converted into new housing developments. Cut red tape. State permitting processes will be streamlined, with new rules allowing third-party reviewers to accelerate approvals. Strengthen partnerships. A new State Housing Ombudsman will serve as a liaison to help coordinate projects between state agencies, local governments, and developers. Set clear goals. By January 2026, the state will publish housing production targets for each county and update them every five years. Incentivize affordable housing. Jurisdictions that meet housing targets or pass pro-housing policies will be recognized with new Maryland Housing Leadership Awards, making them more competitive for state funding. Speed as the priority State officials said the new framework is focused on cutting delays that can hold back projects for years. By digitizing applications, engaging multiple agencies simultaneously, and allowing outside reviewers, the state aims to expedite project completion while upholding environmental and community standards. What could this mean for us on the Eastern Shore? Moore acknowledged that housing affordability consistently ranks as Marylanders’ No. 1 concern. For young people in particular, high costs and long commutes are major reasons they leave the state. The order seeks to reverse that trend, tying housing growth to job creation and transit access. On the Eastern Shore , where rental availability and starter homes are limited, Moore’s order could open opportunities for mixed-use, transit-oriented projects on state-owned land, as well as accelerate approval for affordable housing initiatives backed by nonprofits and local developers. What comes next The Department of Housing and Community Development will publish the state’s first set of production targets by Jan. 1, 2026, followed by annual progress reports starting in 2027. Agencies have until March 2026 to implement many of the new permitting and funding acceleration rules. Moore framed the executive order as a generational investment. “Making housing more affordable is not just about building shelter, it’s about building a legacy,” he said.
By Gren Whitman September 10, 2025
Sen. Angela Alsobrooks (D-Md.) has intensified her calls for Health and Human Services Secretary Robert F. Kennedy Jr. to step down, releasing a detailed report that she says proves his tenure has been a disaster for American families. The first senator to demand Kennedy’s resignation in May, Alsobrooks joined Senate Finance Committee Ranking Member Ron Wyden (D-Ore.) in unveiling a 54-page report that chronicles what they describe as the “costly, chaotic, and corrupt” record of Kennedy’s first 203 days at the department. Released before Kennedy’s Senate hearing last week, the report outlines examples of alleged mismanagement for each day since he was sworn in on Feb. 13. “Robert Kennedy’s tenure as America’s chief health officer has been higher costs, more chaos, and boundless corruption,” Wyden said. “His actions are endangering children, leaving parents confused and scared, and forcing families and taxpayers to pay more for their health care.” Echoing that assessment, Alsobrooks cited testimony from scientists at the National Institutes of Health in Maryland who she says have watched critical cancer research grind to a halt under Kennedy’s leadership. “His actions are increasing Americans’ health care costs, causing chaos, and furthering the Trump administration’s endless stream of corruption,” she said. The report argues that Kennedy has: Driven up costs by backing the Trump administration’s budget plan, which Alsobrooks says strips health coverage from 15 million Americans while handing tax breaks to the wealthy and corporations. Created chaos by dismantling HHS programs, undermining research institutions, and promoting vaccine misinformation. Engaged in corruption by using the office to advance personal and family financial interests, particularly around limiting vaccine access. Public Citizen, a consumer advocacy group, praised Alsobrooks’ leadership. “President Trump and Senate Republicans made a grievous error when entrusting Kennedy with our nation’s health,” the group said in. “It is far past time that President Trump rectifies this error by firing Kennedy before more lives are unnecessarily put at risk.” Alsobrooks appeared on the Morning Joe TV show on to discuss the findings and to reiterate her demand that Kennedy resign or be removed. “This is about protecting families and protecting science,” she said. “Our nation’s health system cannot afford another day under Robert Kennedy’s reckless watch.” As a community organizer, journalist, administrator, project planner/manager, and consultant, Gren Whitman has led neighborhood, umbrella, public interest, and political committees and groups, and worked for civil rights and anti-war organizations.
By CSES Staff September 10, 2025
Wicomico County leaders have announced plans to move forward with the federal government’s controversial 287(g) program, entering into an agreement with U.S. Immigration and Customs Enforcement (ICE) that would deputize local officers to serve immigration warrants inside the county jail. Under the model selected, known as the Warrant Service Officer program, specially trained deputies at the detention center would be allowed to serve civil immigration warrants on individuals already in custody. County Executive Julie Giordano and Sheriff Mike Lewis emphasized that deputies would not conduct street-level immigration enforcement. “Public safety is our top responsibility,” Giordano said. “The Warrant Service Officer program provides our sheriff’s office with the tools they need to address individuals already in custody who may pose a risk to our community at no additional cost to the county.” Lewis added that the program “gives our deputies the ability to safely and lawfully carry out their duties while ensuring that Wicomico County remains a secure place to live, work, and raise a family.” Community pushback The announcement drew swift opposition from civil rights and community organizations, including the ACLU of Maryland, the Wicomico NAACP, and local grassroots groups such as Crabs on the Shore, who have warned that the agreement will harm immigrant families, sow fear, and erode trust between residents and law enforcement. Opponents also criticized the process, arguing that the decision was rushed through without meaningful public input despite repeated calls for hearings. “This is being framed as an administrative detail, but it has huge consequences for our neighbors,” one advocate said. Concerns about cost and precedent Supporters of the WSO model have emphasized that the partnership comes “at no additional cost” to Wicomico taxpayers, but critics point out that other jurisdictions have found otherwise. Anne Arundel County canceled its own 287(g) agreement, citing high costs and community backlash. The Camden Police Department in Delaware withdrew from a similar partnership after public protests in May. Advocates note that the federal government does not fully reimburse counties for the time, training, and legal exposure associated with 287(g) programs, leaving local taxpayers to shoulder hidden expenses. First on Delmarva If finalized, Wicomico County would become the first government or police agency on the Delmarva Peninsula to formally enter into a 287(g) agreement with ICE. Supporters say that distinction demonstrates a commitment to accountability and public safety. Opponents warn it risks branding the county as hostile to immigrant communities that have long been central to the Shore’s workforce, particularly in poultry processing and agriculture. The county’s decision comes amid a broader national debate about local involvement in federal immigration enforcement, with critics warning that partnerships like 287(g) make communities less safe by discouraging victims and witnesses from coming forward. For now, the final agreement is pending federal approval. But with strong opposition already mobilized, the fight over Wicomico’s new partnership is likely only beginning.
By CSES Staff September 10, 2025
Wicomico County Republicans have moved forward with an agreement to join the federal 287(g) program, aligning the county with the U.S. Immigration and Customs Enforcement (ICE). County Executive Julie Giordano and Sheriff Mike Lewis are backing the program to train county officers at the detention center to help ICE identify non-citizens for deportation proceedings. The agreement has triggered strong pushback from immigrant advocates, civil rights groups, and community leaders who warn that this partnership will erode trust between residents and law enforcement, risk racial profiling, and allot local tax dollars to assist federal immigration enforcement. Yet amid the growing controversy, the Wicomico County Democratic Central Committee has issued no response to the ICE agreement, even as residents voice frustration that the Democratic establishment’s silence has ceded the conversation to Republicans. Moreover, the Central Committee has remained silent with regard to recent comments by Democratic Councilwoman April Jackson, who told the Washington Post that the poultry industry should reduce its reliance on immigrant workers. Jackson also said, “a lot of Americans aren’t employed because the Haitians are taking our jobs.” Jackson’s remarks have drawn widespread criticism from immigrant advocates. For many residents, the Democratic leadership’s silence is as much of a concern as the county government’s new partnership with ICE. As the county waits for federal approval of the 287(g) agreement, the absence of a Democratic counterweight has left immigrant families and community organizers to carry the opposition on their own.
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By Community Desk September 10, 2025
With speculation mounting that Delegate Sheree Sample-Hughes (D-37A) may run for County Executive for Wicomico County in 2026, the longtime Eastern Shore lawmaker will headline a Community Conversation in Dorchester County on Sept. 17 at 6 pm. Sponsored by the Eastern Shore Democrats, the event will give residents the opportunity to hear Sample-Hughes speak about local priorities — schools, public safety, health care access, and economic development in the mid-Shore. Sample-Hughes, former Speaker Pro Tem of the Maryland House of Delegates, has represented portions of Wicomico and Dorchester counties for more than a decade. Her record includes bipartisan work on district projects, as well as efforts to expand health services and invest in infrastructure. Although organizers emphasize that the Sept. 17 gathering is not a campaign event, the timing has fueled interest. Political observers note that any appearance by Sample-Hughes will be closely watched as Democrats weigh potential challengers for County Executive in the upcoming cycle. The forum will include remarks from the delegate, followed by a question-and-answer session. Seating is available first-come, first-served and residents from across the Shore are encouraged to attend. Key details What: Community Conversation with Del. Sheree Sample-Hughes When: Sept. 17, 6 pm Where: Dorchester County, venue to be announced by organizers. Format: Remarks followed by audience Q&A Before her election to the House of Delegates, Sample-Hughes served on the Wicomico County Council. Should she enter the county executive race, many believe she would be a serious challenger to Republican incumbent Julie Giordano.
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