The U.S. Justice Department told a judge that President Donald Trump's administration cannot be forced to identify advisers involved in a White House crackdown on major law firms, arguing the information is shielded under a special privilege accorded to presidential communications.
The American Bar Association is seeking the records in a lawsuit the lawyers' group filed last year. The ABA alleges the Trump administration adopted an unlawful policy of targeting law firms and lawyers based on their legal work, hiring, diversity policies and political ties.
The White House and ABA did not immediately respond to requests for comment.
Four law firms won court orders last year permanently barring enforcement of Trump’s executive orders against them. The Trump administration's appeal is pending in those cases. Nine other firms struck deals with the White House to avoid similar measures, while pledging to donate nearly $1 billion in free legal work to causes favored by the administration.
The Justice Department said disclosing the names of advisers involved in the law firm executive orders would intrude on presidential decision-making, raise separation-of-powers concerns and could discourage candid advice to the president.
“Such advice provided to the President and his close advisers constitute the core of the presidential communications privilege,” the Justice Department told the court.
The courts have interpreted Article II of the Constitution to implicitly convey a qualified privilege over certain White House communications to preserve the executive branch's independence.
The administration’s lawyers pointed to a 2004 decision by the U.S. Supreme Court involving former White House chief of staff Dick Cheney that they said limits evidence gathering at the White House.
In its filing, the government said it was not withholding information that was public, including information from official statements and White House social media accounts.
The case is American Bar Association v. Executive Office of the President, U.S. District Court for the District of Columbia, No. 1:25-cv-01888-AHA.
For plaintiff: Stephen Shackelford and Neal Manne of Susman Godfrey
For defendant: Michael Velchik and James Wen of the U.S. Justice Department
Read more:
How Trump’s crackdown on law firms is undermining legal defenses for the vulnerable
Trump administration seeks to bar law firm Susman Godfrey from lawyer group's lawsuit
Trump administration discloses subpoenas to law firms in fight with US lawyer group
US appeals court questions Trump's push to punish major law firms
