Scottish legal body joins fight over 'chilling' Donald Trump orders
Law Society of Scotland says it is standing up for ‘independence and integrity’ of legal and public institutions
A leading Scottish legal body has stepped into to support American law firms targeted with “deeply alarming” executive orders issued by Donald Trump.
A series of orders from the US president has seen employees of two prominent firms have their security clearances revoked due to the nature of their work, while another has targeted those working for the Hague-based International Criminal Court (ICC).
It stated that “tangible and significant consequences” would be imposed on ICC officials, such as blocking of property and assets, as well as the suspension of entry into the US of court officials, employees, agents, and immediate family members.
The decision has sparked anger across the US legal profession, with the American Bar Association condemning the hostile environment which has reportedly resulted in lawyers facing personal attacks, intimidation, firings and demotions.
The American Civil Liberties Union has accused Mr Trump of attempting to punish law firms who represent clients “he doesn’t like,” and described the executive orders as “unconstitutional” and a “shameful assault on the rule of law.”
Now the Law Society of Scotland has decided to act alongside bar associations across the UK and Europe via a so-called amici curiae brief filed in the US Court of Appeals in Washington DC.
The court is hearing a joint appeal by the US Department of Justice against four court rulings that sanctions against law firms Perkins Coie, Jenner & Block, Susman Godfrey and WilmerHale were unconstitutional and unlawful.
Several other US law firms made settlements with the Trump administration in the months after his second presidency began to avoid consequences, including being stripped of security clearances and having their access to government buildings terminated.
Patricia Thom, the society’s president, said: “We are standing together with bar associations from across Europe and the UK in support of our American legal colleagues and the important principles that are at stake in this case.
“The rule of law and the independence of the legal professions are critically important to the proper functioning of democracy in the United States just as they are here in Scotland. Government actions designed to have a chilling effect on lawyers are unacceptable in any form.”
Ms Thom added: “Our collective submission in this case will provide the court with global context on the importance of these values. It is right that we provide wider perspective and support in this case because of the United States’ long history as a beacon for the rule of law alongside Scotland, the UK and others.
“Lawyers around the world must stand up for the independence and integrity of our legal and public institutions and for the values and principles that underpin them. Democracy and the stability and prosperity it brings rest in no small part on their continuing relevance.”
Last week, the Law Society of Scotland’s governing council unanimously agreed to support calls made by the Law Society of England and Wales for the US government to respect the rule of law and ensure that legal professionals can carry out their work without government interference.
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