FILE PHOTO: A U.S. Justice Department logo or seal showing Justice Department headquarters, known as "Main Justice," is seen behind the podium in the Department's headquarters briefing room, January 24, 2023. REUTERS/Kevin Lamarque//File Photo
The law firm Perkins Coie had a scorched-earth response to a tactic President Donald Trump's Justice Department tried to use to shut their lawsuit against them down.
Perkins Coie is one of a number of firms that Trump has targeted with an executive order for representing anti-Trump clients in the past — in this case, Fusion GPS, which helped finance the so-called Steele Dossier investigating Trump's ties to Russia in 2016. The order directs an investigation of Perkins Coie's hiring practices and prohibits them from representing the federal government in legal affairs or accessing government buildings.
A number of other law firms targeted by these orders caved to Trump and cut deals with him to change certain policies and commit millions of dollars in pro bono work, but Perkins Coie fought back with a lawsuit.
The Justice Department, however tried to throw up a technical roadblock to the lawsuit: advising the court that Perkins Coie cannot sue the executive branch in the abstract, and it is their opinion if an injunction is issued in the case, it can only apply to federal agencies and officers who are explicitly named in the complaint.
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Perkins Coie responded with a huge amendment to their complaint.
"In the law firm executive order cases, DOJ says an injunction barring implementation will only be enforceable against the govt agencies named in the complaint," wrote Lawfare's Roger Parloff. "So Perkins Coie just amended its complaint to name all the relevant fed agencies. The case caption is now 40 pages long."
Many attorneys on X expressed admiration and humor at the lengths Perkins Coie went to thwart the Trump administration's objection.
"A large middle finger legal salute! Outstanding!" wrote former Justice Department ethics attorney Tim Persons.
"Play dumb games, win dumb prizes," wrote Boston University law professor Robert L. Tsai.
Already, a number of similar cases have been filed challenging Trump's executive orders undermining law firms, with judges blocking certain provisions of them. U.S. District Judge John Bates on Monday signaled he could put further injunctions against the administration.