(WASHINGTON)— In one of the most draconian steps to date in his campaign seeking retribution against political foes, insulation from legal accountability, and the chilling of immigrants rights’ litigation and other cases of which he disapproves, President Donald Trump signed an executive order today that seeks aggressive sanctions and investigations of attorneys and law firms. In response, Hadar Harris, PEN America’s Washington, D.C. managing director, issued the following statement:
“PEN America stands by lawyers, judges and the rule of law in light of the concerted attempts to undermine, intimidate, and control the legal profession and rule of law outlined in today’s extraordinary executive order, Preventing Abuses of the Legal System and Federal Courts.
The rule of law is fundamental to American democracy. As an organization representing writers (including academics, intellectuals, journalists, and songwriters), we know how the law can be weaponized against unpopular ideas. Too many people are in prison for their writing, being sued because of their articles, or are being deported because of their ideas. Lawyers and their ability to hold the government and other powerful institutions accountable are fundamental to ensuring that people are protected when they are being wrongfully pursued—or when they have been wronged and need to bring claims to protect their lives, liberty and other interests.
This sweeping misuse of presidential and executive power to threaten lawyers and law firms with investigations and severe sanctions is the latest example of a rogue administration flexing its power to demand compliance with its ideological and political priorities— and to punish or sideline those who would stand up to the president or for those his government attacks. It is an example of both preemptively and retroactively using raw executive power and some of the powerful levers of government in an attempt to undermine all who would stand against the president and his personal and political agendas— or who are perceived to have done so over the course of the past two administrations.
The government has pursued universities by yanking research funding or making it conditional on compliance with illegal and discriminatory executive orders. In addition, government is banning words and concepts from research or teaching, targeting artists and culture creators by conditioning grants on developing only certain kinds of products, targeting scientists by banning words and concepts from research proposals, and restricting access for journalists unless they report on events in the way the administration wants.
And let’s be clear: alarmingly, they have had some success. Now they are going after our entire system of justice, trying to intimidate lawyers, law firms, and their clients, from pursuing justice and ensuring zealous representation.
Lawyers and judges are bound by strict professional responsibility obligations and rules of court. Through the weaponized threat of sanctions, targeted executive orders, disciplinary procedures and withdrawal of security clearances, the Trump administration is seeking to undermine the most basic tenet of legal representation: that everyone is entitled to zealous representation and due process under law.
We stand with the legal profession and federal courts in opposition to this blatant attempt to bully the profession into submission. We call on all lawyers, law firms and organizations, and all who rely upon the rule of law—no matter their political views or associations— to stand together to oppose this attempt to undermine it. As John Locke said, ‘Where law ends, tyranny begins.’”
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, STrimel@PEN.org, (201) 247-5057