Earlier today, the Commodity Futures Trading Commission sent around an internal email providing guidance on how agency employees should (or should not) interact with certain Biglaw firms — Perkins Coie, WilmerHale, and Jenner & Block — given that they’re targets of Executive Orders. And if that seems very normal and acceptable to you, then you probably don’t realize each of the firms have secured temporary restraining orders barring the enforcement of key provisions of those exact EOs.
The specific provisions enjoined by the judges include the sections of the EOs that direct agencies, such as the CFTC, to limit the engagement with the law firms and from granting law firm employees access to federal buildings.
And I don’t think this is some bureaucratic mistake — this isn’t the first time a federal agency has thrown a middle finger in the face of the TROs. The Trump administration’s repeated disrespect for the judicial system is deeply disturbing, but entirely expected given the authoritarian bent of the Trump II reign.
UPDATE: A CFTC spokesperson provided the following comment: “At no point was the CFTC in violation of the executive orders or the subsequent court orders. The CFTC administrative staff routinely forward executive orders to an agency-wide distribution list. In this case, that routine email inadvertently failed to reflect recent developments in court, and the CFTC later instructed staff to disregard the prior communication.“
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
The post Flying In The Face Of Multiple Court Orders, CFTC Wants To ‘Ensure Compliance’ With Executive Orders Targeting Biglaw appeared first on Above the Law.
Earlier today, the Commodity Futures Trading Commission sent around an internal email providing guidance on how agency employees should (or should not) interact with certain Biglaw firms — Perkins Coie, WilmerHale, and Jenner & Block — given that they’re targets of Executive Orders. And if that seems very normal and acceptable to you, then you probably don’t realize each of the firms have secured temporary restraining orders barring the enforcement of key provisions of those exact EOs.
The specific provisions enjoined by the judges include the sections of the EOs that direct agencies, such as the CFTC, to limit the engagement with the law firms and from granting law firm employees access to federal buildings.
And don’t think this is some bureaucratic mistake — this isn’t the first time a federal agency has thrown a middle finger in the face of the TROs. The Trump administration’s repeated disrespect for the judicial system is deeply disturbing, but entirely expected given the authoritarian bent of the Trump II reign.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
