One day after the DOJ agreed to throw in the towel, it changed its mind and demanded the towel back.
In a stunning reversal, Trump’s Justice Department revives campaign against law firms
One day after the DOJ agreed to throw in the towel, it changed its mind and demanded the towel back.
www.ms.now/rachel-maddo...
— Audrey (@parickards.bsky.social) 2026-03-03T22:31:15.573Z
https://www.ms.now/rachel-maddow-show/maddowblog/in-a-stunning-reversal-trumps-justice-department-revives-campaign-against-law-firms
The victories for the quartet — Jenner & Block, WilmerHale, Perkins Coie and Susman Godfrey — looked even better this week when
the Trump Justice Department announced plans to throw in the towel: Instead of appealing their earlier defeats, DOJ lawyers said they would abandon their defense of the president’s executive orders.
At least, that was the plan on Monday. On Tuesday morning, MS NOW, citing two sources familiar with the case, reported that the
Justice Department had notified the four firms that it’s changed course and will proceed with the appeal after all. The New York Times had a related report:
The Trump administration indicated on Tuesday that it planned to renew its defense of executive orders that it had leveled against law firms, a sharp reversal a day after asking a court whether it could abandon the fight.
In a motion filed with the appeals court in the District of Columbia, where the cases are playing out, the Justice Department formally asked to withdraw its request on Monday to abandon the cases against four law firms.
So, to recap
: First, the president tried to exercise greater control over the legal industry in a ridiculous power-grab, telling many of the nation’s largest firms that they would lose government contracts and security clearances unless they agreed to meet the White House’s demands. Four leading firms refused and filed suit.
A variety of judges from across the ideological spectrum ruled against Trump, concluding that the move was obviously illegal.
Trump’s Justice Department decided there was no point in racking up another round of defeats, only to take the opposite position a day later without explanation.
“This withdrawal of the administration’s withdrawal is amateurish, and it does not change the likely outcome of the fight,” the Times’ editorial board explained.
“Judges — appointed by presidents of both parties — have repeatedly ruled that the executive orders were illegal, and there is every reason to expect that to continue. The Trump administration’s initial withdrawal of its appeals is an indication that at least some officials understand this reality.”
As for the firms involved in the case, I spoke to a spokesperson at WilmerHale, w
ho said the firms “oppose the government’s unexplained request to withdraw yesterday’s voluntary dismissal, to which all parties had agreed.” Watch this space.
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