At the beginning of his second term, Trump demanded that many large law firms be punished because they had opposed him in the past or represented his opponents. He threatened to bar them from any federal work unless they agreed to donate millions of dollars in pro bono services to causes of his choosing. Most law firms, among the most prestigious in the country, quickly accepted Trump’s demands.

Four major law firms decided to fight the executive order. They won in federal courts. Yesterday the Trump Department of Justice announced that it was dropping its efforts to punish the four resisting firms. The ones who quickly conceded owe Trump nearly $1 billion in legal services.

As historian Timothy Snyder wrote in his book On Tyranny, Do Not Obey in Advance. The losing law firms did not fight for their independence. They obeyed in advance.

The Wall Street Journal reported:

The Trump administration plans to abandon its defense of the president’s executive orders sanctioning several law firms, according to people familiar with the matter.

The Justice Department as soon as Monday was expected to drop its appeals of four trial-court rulings that struck down President Trump’s actions against law firms Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey. 

Trump issued a string of executive orders last year against several law firms and individual lawyers that would have stripped security clearances, restricted their access to federal buildings and directed agencies to end any federal contracts with the firms and their clients.

While the administration lost its battle in court, the executive orders nonetheless put a lasting chill on the industry. Fear of the orders prompted nine large firms to make deals with the president, promising nearly $1 billion in pro bono work for causes favored by the administration. Many of the same firms that took a leading role opposing the Trump administration in court during his first term have shied away from taking on pro bono cases adverse to the government.

“This affected the interest of big law firms doing what they normally do, to stand up for people without representation,” said Scott Cummings, a law professor at the University of California, Los Angeles. “In that sense, Trump achieved something important that will linger.”

In targeting the firms, Trump cited their connections to his political rivals and criticized their diversity initiatives and pro bono work advocating for immigrants, transgender rights and voting protections. The White House had singled out these firms for representing clients including Hillary Clinton and George Soros, and for ties to figures such as Robert Mueller, who as special counsel led the investigation into Russian interference in the 2016 election.

The orders set off a panic among law firm leaders across the country, especially after one of the biggest firms, Paul Weiss, chose to settle with the White House rather than gamble on suing the administration.

Others chose a combative approach, arguing in a series of lawsuits that Trump’s actions amounted to unconstitutional retaliation and an abuse of executive power. The firms said the orders would be devastating to their business and that they risked losing lucrative clients that work with the federal government….

An ideological mix of judges ruled against the administration, saying the executive orders undermined bedrock principles of the U.S. legal system. In one decision, Judge Richard Leon, an appointee of President George W. Bush, said blocking the sanctions was necessary to preserve an “independent bar willing to tackle unpopular cases, however daunting.”

Joyce Vance has an excellent post about the law firms that defended themselves and those that capitulated at once to Trump.

She wrote:

So far, four different federal judges have held the orders are unconstitutional. While one of those judges was appointed by Barack Obama and another by Joe Biden, two of them were appointed by George W. Bush— bad math for the administration. 

As for the firms that capitulated early on, they too appear to have miscalculated. Neera Tanden, who served in the White House during the Biden administration, explained the cost on Twitter:

Former Associate Attorney General Vanita Gupta, who is now the Director of the Center for Law and Public Trust at NYU Law School, explained it like this: “The law firms that capitulated to blatantly unconstitutional orders out of fear and for increased profit undermined the rule of law and the legal profession in this country. This episode will be remembered as demonstrating the difference between institutions that had the courage to uphold the Constitution and fight bullying, and those that didn’t and gained nothing. Let’s hope that media companies, universities, and other organizations pay heed.”

Standing up to the bully is the right response. Yes, it requires some initial courage. But the bully ultimately backs down. And every time he does, we win. Today, we won again, thanks to some lawyers who were willing to take the risk and be brave.