Trump's DOJ Flips On Big Law, Then Flips Back in 24 Hours - Democracy Docket

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One year ago, Donald Trump launched his war on law firms with unconstitutional executive orders targeting firms he didn't like. Four firms fought back and won. Nine others capitulated, pledging over $1 billion in free legal services to Trump-favored causes. And 187 of the top 200 law firms said nothing.

Now, in an unprecedented move, Trump's Department of Justice dismissed its own appeal against the firms that fought back — only to reinstate it the very next morning. Marc Elias, who has practiced law for 30 years, explains why this has never happened before, what it means for the rule of law, and what it reveals about the DOJ's lack of independence from the White House. - 03/04/2026.


00:00 Trump’s War on Law Firms
01:10 A Year of Retaliation and Executive Orders
01:53 Targeting Perkins Coie
06:01 Paul Weiss Capitulates
10:45 The Silent Majority of Big Law
14:49 The Four Firms That Fought — And Won
17:22 DOJ Dismisses the Appeal
21:15 DOJ Reverses Itself in 24 Hours
25:36 Why Trump Got Angry
28:09 Why Letting the Appeal Proceed Could Backfire
30:38 A Reckoning for the Nine Firms
33:14 Who Stands Up — And Who Stays Silent
35:17 What You Can Do

[LetMyPeopleVote]

1. MaddowBlog-In a stunning reversal, Trump's Justice Department revives campaign against law firms

One day after the DOJ agreed to throw in the towel, it changed its mind and demanded the towel back.

In a stunning reversal, Trump’s Justice Department revives campaign against law firms
One day after the DOJ agreed to throw in the towel, it changed its mind and demanded the towel back.
www.ms.now/rachel-maddo...

— Audrey (@parickards.bsky.social) 2026-03-03T22:31:15.573Z

https://www.ms.now/rachel-maddow-show/maddowblog/in-a-stunning-reversal-trumps-justice-department-revives-campaign-against-law-firms

The victories for the quartet � Jenner & Block, WilmerHale, Perkins Coie and Susman Godfrey � looked even better this week when the Trump Justice Department announced plans to throw in the towel: Instead of appealing their earlier defeats, DOJ lawyers said they would abandon their defense of the president�s executive orders.

At least, that was the plan on Monday. On Tuesday morning, MS NOW, citing two sources familiar with the case, reported that the Justice Department had notified the four firms that it�s changed course and will proceed with the appeal after all. The New York Times had a related report:

The Trump administration indicated on Tuesday that it planned to renew its defense of executive orders that it had leveled against law firms, a sharp reversal a day after asking a court whether it could abandon the fight.

In a motion filed with the appeals court in the District of Columbia, where the cases are playing out, the Justice Department formally asked to withdraw its request on Monday to abandon the cases against four law firms.

So, to recap: First, the president tried to exercise greater control over the legal industry in a ridiculous power-grab, telling many of the nation�s largest firms that they would lose government contracts and security clearances unless they agreed to meet the White House�s demands. Four leading firms refused and filed suit.

A variety of judges from across the ideological spectrum ruled against Trump, concluding that the move was obviously illegal. Trump�s Justice Department decided there was no point in racking up another round of defeats, only to take the opposite position a day later without explanation.

�This withdrawal of the administration�s withdrawal is amateurish, and it does not change the likely outcome of the fight,� the Times� editorial board explained. �Judges � appointed by presidents of both parties � have repeatedly ruled that the executive orders were illegal, and there is every reason to expect that to continue. The Trump administration�s initial withdrawal of its appeals is an indication that at least some officials understand this reality.�

As for the firms involved in the case, I spoke to a spokesperson at WilmerHale, who said the firms �oppose the government�s unexplained request to withdraw yesterday�s voluntary dismissal, to which all parties had agreed.� Watch this space.