Doug Emhoff Urged His Law Firm to Fight Trump’s Threats — They Bent the Knee Anyway: Report

AP Photo/Evan Vucci

Willkie Farr & Gallagher, the law firm that employs Doug Emhoff, the former Second Gentleman and husband of former Vice President Kamala Harris, became the latest white-shoe firm to bend the knee to President Donald Trump — despite Emhoff’s efforts to dissuade them.

Since the beginning of his second term, Trump has issued a series of executive orders targeting multiple BigLaw firms by name. Some of those firms have caved, like Paul Weiss and last week Skadden Arps, offering swift compliance with Trump’s decrees and millions of dollars of pro bono legal work to appease the presidential fury.

Some firms dug in their heels and refused to yield, even filing lawsuits to defend their rights. Perkins Coie was the first targeted firm to file a complaint, and was followed by two more firms last Friday, Jenner & Block LLP and WilmerHale, spelling out how Trump’s executive orders infringed on the firms’ and their attorneys’ First Amendment rights and rights to defend their clients. Thus far, these law firms that have challenged the Trump administration have won key early motions to obtain injunctive relief blocking the executive orders from going into effect for now.

News broke Tuesday that Willkie Farr would be the next firm in Trump’s crosshairs, according to a report by The New York Times’ Michael S. Schmidt and Maggie Haberman (archived earlier version of the article viewable here).

Among the transgressions that drew Trump’s ire, the Times reported, perhaps more than hiring Emhoff, were employing Tim Heaphy, the chief investigative counsel for the House Select Committee on Jan. 6, and another attorney who was the head litigator representing Ruby Freeman and Shaye Moss, the Georgia election workers who sued Rudy Giuliani for defamation and won a $148 million verdict against him. Emhoff joined the firm in January, one week after Trump’s inauguration. He had stepped back from his legal practice while Harris was vice president.

Trump never actually issued an executive order against Willkie Farr, because the firm caved to his demands beforehand. In a post on Truth Social Tuesday afternoon, Trump announced that Willkie Farr would “provide a total of at least $100 Million Dollars in pro bono Legal Services” that “represent the full political spectrum, including Conservative ideals;” “not engage in illegal DEI discrimination and preferences;” and “not deny representation to clients, such as members of politically disenfranchised groups and Government Officials, employees, and advisors, who have not historically received Legal representation from major National Law Firms, including in pro bono matters and in support of non-profits, because of the personal political views of individual lawyers.”

The full text of Trump’s post read:

Today, President Donald J. Trump and Willkie Farr & Gallagher LLP (“Willkie”) announce the following agreement regarding a series of actions to be taken by Willkie:

1. Willkie will provide a total of at least $100 Million Dollars in pro bono Legal Services, during the Trump Administration, and beyond, to causes that President Trump and Willkie both support, in relation to the following areas: Assisting Veterans and other Public Servants including, among others, members of the Military, Gold Star families, Law Enforcement, and First Responders; Ensuring fairness in our Justice System; and Combatting Antisemitism. Willkie’s pro bono Committee will ensure that new pro bono matters are consistent with these objectives, and that pro bono activities represent the full political spectrum, including Conservative ideals.

2. Willkie affirms its commitment to Merit-Based Hiring, Promotion, and Retention. Accordingly, the Firm will not engage in illegal DEI discrimination and preferences. Willkie affirms that it is Willkie’s policy to give Fair and Equal consideration to Job Candidates, irrespective of their political beliefs, including Candidates who have served in the Trump Administration, and any other Republican or Democrat Administration. Willkie will engage independent outside counsel to advise the Firm in confirming that employment practices are fully compliant with Law, including, but not limited to, anti-discrimination Laws.

3. Willkie affirms that it will not deny representation to clients, such as members of politically disenfranchised groups and Government Officials, employees, and advisors, who have not historically received Legal representation from major National Law Firms, including in pro bono matters and in support of non-profits, because of the personal political views of individual lawyers.

Statement from the White House: “Willkie Farr & Gallagher LLP proactively reached out to President Trump and his Administration, offering their decisive commitment to ending the Weaponization of the Justice System and the Legal Profession. The President is delivering on his promises of eradicating Partisan Lawfare in America, and restoring Liberty and Justice FOR ALL.”

Statement from Thomas M. Cerabino, Chairman of Willkie Farr & Gallagher LLP: “We reached an agreement with President Trump and his Administration on matters of great importance to our Firm. The substance of that agreement is consistent with our Firm’s views on access to Legal representation by clients, including pro bono clients, our commitment to complying with the Law as it relates to our employment practices, and our history of working with clients across a wide spectrum of political viewpoints. The Firm looks forward to having a constructive relationship with the Trump Administration, and remains committed to serving the needs of our clients, our employees, and the communities of which we are a part.”

According to the Times‘ updated reporting on the story, Emhoff “told the firm’s leadership on Tuesday that they should not strike a deal with Mr. Trump and instead should fight it, according to a person familiar with the matter.” Then, shortly before the deal was publicly announced, Emhoff was attending an event at Georgetown Law School and said that the rule of law and democracy were under attack, and attorneys needed to be prepared to step up to fight those attacks.

CNN chief national affairs correspondent Jeff Zeleny confirmed the Times report, adding more details about Emhoff’s remarks at Georgetown Law.

Wrote Zeleny:

I’m told former second gentleman Doug Emhoff told leaders at his law firm, Willkie Farr & Gallagher, that he disagreed with their decision to cut a deal with President Trump. He addressed it during an event at Georgetown, saying: “The rule of law is under attack. Democracy is under attack. And so, all of us lawyers need to do what we can to push back on that.”

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