On an unknown date, the Trump Justice Department (DOJ) issued subpoenas against thirteen law firms to obtain information about their communications with Boris Epshteyn, Trump’s personal lawyer, who, in an informal role, negotiated with the firms, who sought to avoid the consequences of (likely illegal) executive orders by Trump. The Justice Department is demanding that the heads of these firms attend depositions.
This new round of conflict between the Trump administration and private law firms is rooted in a lawsuit by the American Bar Association (ABA), which requested records relating to communications between Epshteyn, the White House, and Steve Bannon. The DOJ has responded by requesting that a federal judge quash the requests. The DOJ has subpoenaed nine law firms that bowed down to Trump’s executive orders targeting them, and the four that have refused to comply. The DOJ hopes to create a rift between the ABA and the firms it is defending, by making the former press the latter to cease its request for information on Epshteyn.
The DOJ is additionally seeking to punish all thirteen firms in question by removing a top leader from each of them, including Brad Karp, the former chairman of Paul Weiss, who was the first to accomodate Trump. This episode reveals the risks of appeasing the Trump administration.
The Trump DOJ is rightly concerned about new information being released about Epshteyn. He allegedly asked that political appointees bribe him via a retainer to gain a greater audience with Trump. Trump himself asked for a review of these allegations. David Warrington, incoming White House counsel during the second Trump transition, warned about Epshteyn’s potentially illegal behavior:
“Epshteyn’s conduct must be stopped and his employment and proximity to President Trump should be terminated,” Mr. Warrington wrote. “Otherwise, his conduct will likely lead to, at best a scandal involving the incoming Trump administration, and at worst could lead to criminal indictments.”
The New York Times
