The White Home issued a memo on March 22, 2025 ominously titled Stopping Abuses of the Authorized System and the Federal Courtroom.
The phrase “The very first thing we do, let’s kill all of the attorneys” is from William Shakespeare’s Henry VI stated by a personality referred to as Dick the Butcher in Act IV, Scene II. This phrase has been seized upon to disparage the authorized occupation and attorneys as crooked and overpriced. Maybe Stephen Miller, advisor to President Trump on limiting immigration, who could have had a hand in authoring the memo, additionally understands attorneys on this method and worse as “[threatening] our nationwide safety, homeland safety, public security, or election integrity.”
However there’s one other that means to this phrase. Dick the Butcher is a murderous thug and Jack Cade’s proper hand man who’s main a riot towards King Henry. They kill anybody who can learn and burn all books and paperwork they encounter as it will likely be be simpler for them to take over an ignorant inhabitants over one the place eveyone understands their rights. To ensure that their riot to succeeed Dick is suggesting that they need to eradicate the attorneys, the defenders of justice, who stand of their method. Attorneys are the final protection who stand in the way in which of tyranny.
Trump, and his henchman Miller, like Dick the Butcher, are actually attacking the immigration bar via this memo. Supposedly unethical attorneys are standing of their option to dismantle an immigration system that enables the persecuted to hunt safety within the US. The memo suggests methods to “kill the attorneys” by sanctioning and disciplining them via an assortment of court docket and disciplinary guidelines.
Clearly, there is no such thing as a reality to this assertion. The immigration bar and attorneys in Massive Legislation doing immigration professional bono are moral. In any other case, they might have been sanctioned and disbarred by vigilant disciplinary authorities. Trump is participating in delirious fantasy. Attorneys should stand agency collectively however this nonsensical bluster and proceed to ethically characterize noncitizens in asylum and different immigration circumstances. If attorneys fall and capitulate, like Paul Weiss did, who will defend the defenders of the Structure?
The whole thing of this absurd memo that initially brush looks as if comical satire is actual and reproduced right here:
SUBJECT: Stopping Abuses of the Authorized System and the Federal Courtroom
Attorneys and legislation corporations that have interaction in actions that violate the legal guidelines of the US or guidelines governing legal professional conduct should be effectively and successfully held accountable. Accountability is very essential when misconduct by attorneys and legislation corporations threatens our nationwide safety, homeland safety, public security, or election integrity.
Current examples of grossly unethical misconduct are far too widespread. As an illustration, in 2016, Marc Elias, founder and chair of Elias Legislation Group LLP, was deeply concerned within the creation of a false “file” by a overseas nationwide designed to supply a fraudulent foundation for Federal legislation enforcement to research a Presidential candidate with the intention to alter the result of the Presidential election. Elias additionally deliberately sought to hide the function of his consumer — failed Presidential candidate Hillary Clinton — within the file.
The immigration system — the place rampant fraud and meritless claims have supplanted the constitutional and lawful bases upon which the President workouts core powers beneath Article II of the US Structure — is likewise replete with examples of unscrupulous conduct by attorneys and legislation corporations. As an illustration, the immigration bar, and highly effective Massive Legislation professional bono practices, often coach purchasers to hide their previous or lie about their circumstances when asserting their asylum claims, all in an try to avoid immigration insurance policies enacted to guard our nationwide safety and deceive the immigration authorities and courts into granting them undeserved reduction. Gathering the mandatory info to refute these fraudulent claims imposes an infinite burden on the Federal Authorities. And this fraud in flip undermines the integrity of our immigration legal guidelines and the authorized occupation extra broadly — to say nothing of the plain, tragic penalties of the ensuing mass unlawful immigration, whether or not when it comes to heinous crimes towards harmless victims like Laken Riley, Jocelyn Nungaray, or Rachel Morin, or the large drain on taxpayer sources supposed for People.
Federal Rule of Civil Process 11 prohibits attorneys from participating in sure unethical conduct in Federal courts. Attorneys should not current authorized filings “for improper objective[s],” together with “to harass, trigger pointless delay, or needlessly improve the price of litigation.” FRCP 11(b)(1). Attorneys should be sure that authorized arguments are “warranted by present legislation or by a nonfrivolous argument for extending, modifying, or reversing present legislation or for establishing new legislation.” FRCP 11(b)(2). And attorneys should be sure that their statements about details are “moderately primarily based” on evidentiary help, or a perception that such proof truly exists. FRCP 11(b)(3)-(b)(4). When these instructions are violated, opposing events are approved to file a movement for sanctions. FRCP 11(c). The textual content of the rule particularly addresses and gives for sanctions for attorneys and their corporations in addition to for recalcitrant events given the solemn obligation that attorneys must respect the rule of legislation and uphold our Nation’s authorized system with integrity. Moreover, Rule 3.1 of the Mannequin Guidelines of Skilled Conduct gives that, “A lawyer shall not convey or defend a continuing, or assert or controvert a problem therein, except there’s a foundation in legislation and truth for doing so that isn’t frivolous, which features a good religion argument for an extension, modification or reversal of present legislation.”
Sadly, far too many attorneys and legislation corporations have lengthy ignored these necessities when litigating towards the Federal Authorities or in pursuing baseless partisan assaults. To handle these considerations, I hereby direct the Lawyer Common to hunt sanctions towards attorneys and legislation corporations who have interaction in frivolous, unreasonable, and vexatious litigation towards the US or in issues earlier than govt departments and businesses of the US.
I additional direct the Lawyer Common and the Secretary of Homeland Safety to prioritize enforcement of their respective laws governing legal professional conduct and self-discipline. See, e.g., 8 C.F.R. 292.1 et seq.; 8 C.F.R. 1003.101 et seq.; 8 C.F.R. 1292.19.
I additional direct the Lawyer Common to take all applicable motion to refer for disciplinary motion any legal professional whose conduct in Federal court docket or earlier than any part of the Federal Authorities seems to violate skilled conduct guidelines, together with guidelines governing meritorious claims and contentions, and significantly in circumstances that implicate nationwide safety, homeland safety, public security, or election integrity. In complying with this directive, the Lawyer Common shall take into account the moral duties that legislation companions have when supervising junior attorneys, together with imputing the moral misconduct of junior attorneys to companions or the legislation agency when applicable.
I additional direct that, when the Lawyer Common determines that conduct by an legal professional or legislation agency in litigation towards the Federal Authorities warrants searching for sanctions or different disciplinary motion, the Lawyer Common shall, in session with any related senior govt official, suggest to the President, via the Assistant to the President for Home Coverage, further steps which may be taken, together with reassessment of safety clearances held by the legal professional or termination of any Federal contract for which the related legal professional or legislation agency has been employed to carry out providers.
I additional direct the Lawyer Common, in session with any related senior govt official, to evaluation conduct by attorneys or their legislation corporations in litigation towards the Federal Authorities during the last 8 years. If the Lawyer Common identifies misconduct that will warrant further motion, equivalent to submitting frivolous litigation or participating in fraudulent practices, the Lawyer Common is directed to suggest to the President, via the Assistant to the President for Home Coverage, further steps which may be taken, together with reassessment of safety clearances held by the legal professional, termination of any contract for which the related legal professional or legislation agency has been employed to carry out providers, or every other applicable actions.
Legislation corporations and particular person attorneys have an ideal energy, and obligation, to serve the rule of legislation, justice, and order. The Lawyer Common, alongside the Counsel to the President, shall report back to the President periodically on enhancements by corporations to seize this hopeful imaginative and prescient.
