Former United States Attorney General Alberto Gonzales appeared on the NPR podcast The Middle with Jeremy Hobson, and he had some choice words for Donald Trump’s attacks on Biglaw. And before some internet troll with a myopic view of America history sees his last name and starts screaming WOKE! like a red-pilled talisman to insulate them from the reality of what Gonzales has to say, let’s not forget that we’re talking about George W. Bush’s AG. The same guy who signed off on “enhanced interrogation techniques,” so it’s hard to write him off as a lefty shill.
The podcast focused on Trump’s targeting of Biglaw firms, and Gonzales takes a dim view of the president’s strategy.I’m inclined to give people the benefit of the doubt, but I would have to admit it certainly appears to be retribution. I think it’s first one, it’s petty. Secondly, I think it’s dangerous given the enormous power of the president United States.
And he has a pretty good idea *why* this is happening:
[Trump’s] trying to [ ] limit the number of great lawyers or good lawyers that can take positions represent clients in opposition to what he wants to accomplish or wants to do. And in a republic like ours, I think that’s very, very dangerous. The President United States obviously wields a great deal of power in our country under our constitution, and he obviously has the discretion to exercise that power as he sees fit. But one of the great things about the rule of law, the rule of law also exists in addition to protecting your rights and your property, it exists to check abuses of power. And we want to make sure that the most powerful office in the world that the decisions made there are always going to be based on what is best for this country, not what is based on political or personal gains of the individual who sits in that office. And so that is extremely important as far as I’m concerned, is providing a check on abuse of power.
And the firms themselves aren’t spared in Gonzales’s assessment, he says, “if lawyers aren’t stepping up and speaking out against these kinds of attacks, that’s that’s disappointing and dangerous. I must confess some level of disappointment in the silence that I’m hearing amongst a lot of firms.” Not to mention the outright capitulation that too many firms are engaging in.
Though Gonzales’s outlook is ultimately hopeful:
I mean, it’s certainly since a message chilling message somewhat might say, but I don’t think I don’t think we’re really going to have the outcome of this, of this battle, and I do consider it sort of a battle or a struggle, So you know, I think it’s I think as more and more firms step up, I think you’re going to see the tide turn. And I think at least I’m at least hopeful that you’ll see the efforts by the administration to cause fear in the halls of law firms around the country. I’m hopeful that those efforts will diminish.
Of course, at this point, more firms have acquiesced to Trump than stepped up to fight the likely unconstitutional attacks on the industry. And what that means for the rule of law in this country is deeply disturbing.
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].