I am
82 years old. I retired from practicing law in
Manhattan seven years ago. Happily I was able to
ease in to two other activities, editing and
writing, and cohosting a nationally broadcast
radio show “Law And Disorder“. I co-edited a
book that has just come out called “From the
Flag to the Cross: Fascism American Style”.
My
radio program concerns,law and public policy. I
recently had California attorney John Burton as
a guest. I interviewed him about the catastrophe
that Trump has brought down on big law firms in
our country. He has bullied them into
representing for free projects of his liking.
Trump
and the MAGA movement behind him have taken huge
steps to upend and overturn the kind of
democracy, however limited by race and class,
that we have lived with since our independence
from England some 250 years ago.
In
order to secure their rule, these fascists, like
those in the Hitler movement 90 years ago,
attempted to get control of the various
apparatuses of our society.
They
aimed at the major media, the universities, the
states like California, the scientific
establishment, the medical profession, the
cultural apparatus, the top brass in the
military, and the big law firms.
Hitler’s
fascist party in Germany called this effort
“bringing it into line”. What we are going to
examine is Trump’s efforts to dominate the major
law firms in America. He has succeeded in
dominating some, but not all of these law firms,
which are known as “big law“. The resistance has
been impressive and a tribute to the spirit of
fairness in the American legal tradition.
What
did Trump do? He told the big law firms that he
would sign an executive order banning them from
federal buildings, including the courthouses
where they practice. Further, he would take away
their security clearances and he would cancel
any contracts they had with the federal
government.
This
was calculated to break these firms and they
knew it. A target was the venerable firm of Paul
Weiss, established in 1875, which was active in
the civil rights movement in the 50s. It was
started by a Jewish attorney, sensitive to these
issues. It was with the first large firm in New
York to hire Black attorneys
It
helped to win the landmark desegregation victory
in “Brown versus the Board of Education”. Paul
Weiss initially tried to resist. It asked others
firms for help. But to no avail. The other firms
refused and instead began to pick off their
clients. Faced with financial ruin Paul Weiss
gave in and agreed to donate millions of dollars
in free legal work to projects of Trump‘s
choice. So did other famous firms.
Collectively,
these firms agreed to furnish Trump with over $1
billion in pro bono assistance to Trump and his
projects, like defending cops in cases of police
abuse and murder, as in the George Floyd case.
The
battle Trump started is not over. Four judges
have ruled against him. 24 friend of the court
amicus briefs have been filed. 1000 law firms
have come on board on board.
The
“No Kings Day” demonstrations on June 14th were
the biggest America has ever seen. At least 5
million people. Many people, my age, and many
many young people, Things are changing. The
fightback fair minded attorneys have waged
against Trump‘s bullying is but one example.
This
commentary is also posted on LAProgressive.
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