Below is a poetic version of “First They Came,” a post-World War II confession attributed to German Lutheran minister Martin Niemöller:
“First they came for the
socialists, and I did not speak out—
Because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—
Because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and
there was no one left to speak for me.”
Who they came for first is quite evident: immigrants; trans people; black and female military leaders; those promoting diversity; scientists;
civil servants; whistleblowers; and historians who tell the truth about slavery.
Have you used your voice to speak for them yet?
But wait, there’s more. They also came for
another group: lawyers who spoke truth to their power; lawyers who took up cases against them; lawyers who investigated and prosecuted their crimes; lawyers who represented the disadvantaged.
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They are muzzling those who can activate voices in our courts.
Top constitutional lawyers are critical to successfully presenting challenges to federal actions that overreach. These lawyers
are highly specialized and few, the best typically working in government or large law firms. So we all have a big stake in large law firms being independent and able to work on behalf of the
aggrieved.
That an administration would try to isolate lawyers (and their firms) who have opposed them is neither surprising nor new. That an administration would issue orders prohibiting
entire firms from government work, would deny their employees security clearances essential for trying national security-related cases, and would exclude their employees access to government
buildings, is unprecedented (and almost certainly illegal).
The firms were not banned for misconduct. No, they were banned for doing their jobs, in some cases quite successfully.
A
number of these firms have chosen fealty over fighting. The “venerable” firms of Paul Weiss, Skadden, Willkie Farr, and Milbank are among those that publicly “settled” with the
administration, promising to change their ways and not take positions counter to the administration, and providing hundreds of millions dollars worth of free legal services to “causes”
supported by the administration.
Cheers to firms WilmerHale and Jenner & Block for taking the opposite tack and fighting back, with both winning temporary restraining orders against
significant portions of the administration’s orders.
We must raise our voices in support of those targeted, and against the targeting of legal advocates for those targeted.
Are
you ready to raise your voice? Or will you be one of those penning confessions that no one was left when they came for you?