One of the big law firms Donald Trump has used the power of his office to attack in recent days capitulated on Friday, announcing an agreement that Trump himself called “essentially a settlement” — before Trump even issued the attack itself. In a message sent to its staff from Skadden, Arps, Slate, Meagher & Flom executive partner Jeremy London and viewed on Friday afternoon by Splinter, the firm “chose to engage proactively and constructively with the Administration to align on a productive path forward without the issuance of an executive order.”
Meanwhile, other targeted firms including Jenner & Block and WilmerHale decided not to comply in advance, and filed lawsuits against the clearly illegal attacks. In London’s message to the firm, he wrote: “We entered into the agreement the President announced today because, when faced with the alternatives, it became clear that it was the best path to protect our clients, our people, and our Firm.”
The firm agreed to provide at least $100 million in pro bono legal services “to causes that the President and Skadden both support.” Specifically, that work will involve assisting veterans and other public servants (which includes law enforcement); “ensuring fairness in our justice system;” and “combatting antisemitism.” The firm will also change their pro bono policy to ensure all pro bono work is done in the firm’s name, and “ensure that pro bono activities represent the full political spectrum.”
In a further move that could well have been written by ghouls inside the West Wing, Skadden also will “affirm our commitment to merit-based hiring, promotion, and retention and we will not engage in illegal DEI discrimination and preferences.” They also pledge to not deny representation to clients, “such as politically disenfranchised groups who have not historically received legal representation from major national law firms… because of the personal political views of individual lawyers.” One can only ponder which disenfranchised groups this means.
“Not everyone will agree with the decision we made today, and I have great respect for the differing views that make us stronger as a Firm,” London’s message continued. “But I firmly believe that an agreement… was an acceptable outcome to ensure Skadden will continue to thrive long into the future.”
On the other side of this little coin, Jenner & Block even set up a website called Jenner Stands Firm, “Because clients deserve fearless advocates,” and wrote that they expect to prevail quickly in their suit against an unconstitutional executive order. In contrast, more from Skadden: “This agreement does not change who we are.”
That might be a tough sell, if we’re being honest here. “I fully appreciate that this development and other recent events have been extraordinarily difficult for all of us, both personally and professionally,” the message continued. “With this resolution, I am confident that we will go forward with resilience, strength, and integrity.” One can almost hear the question mark at the end of that sentence.
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