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EO 14246Executive OrderTrump 47 · R

Executive Order 14246

Addressing Risks From Jenner & Block

This executive order targets Jenner & Block LLP, a major law firm, by suspending security clearances for its personnel, restricting federal contracts with the firm and its business partners, limiting its employees' access to federal buildings and officials, and barring agency hiring of Jenner employees without waivers. The order cites the firm's alleged partisan "lawfare," pro bono activities, racial discrimination in hiring, and its employment of former Mueller prosecutor Andrew Weissmann as justifications.

Federal Register Open PDF 90 FR 13997

Impact dates

  1. Agencies submit contract assessments to OMB

Key directives

  • Suspend security clearances for Jenner personnel pending review
  • Cease provision of government goods/services to Jenner
  • Require contractors to disclose business with Jenner
  • Review and terminate contracts with Jenner
  • Limit Jenner employee access to federal buildings and officials
  • Bar hiring of Jenner employees without agency head waiver
  • Submit contract assessments to OMB within 30 days

Who is ordered

Timeline

Immediate

  • Suspension of active security clearances for Jenner personnel
  • OMB identification of government goods/services provided to Jenner
  • Agency heads to cease provision of government materials/services to Jenner
  • Agency heads to limit Jenner employee access to federal buildings
  • Agency officials to refrain from hiring Jenner employees without waiver

Near term (90d)

  • Within 30 days: Agencies submit contract assessments to OMB
  • Contract reviews and termination actions for Jenner-related contracts
  • Contractor disclosure requirements for Jenner business relationships

Long term

  • Potential lasting restrictions on law firm access to federal government
  • Precedent for targeting specific law firms with executive action
  • Possible litigation challenging order's constitutionality

Risks & tensions

  • First Amendment and due process concerns from targeting specific private law firm by name
  • Potential abuse of executive power to punish political adversaries; 'lawfare' accusation is politically charged
  • Vague 'to the extent permitted by law' qualifiers may limit actual implementation
  • Risk of retaliatory litigation by Jenner & Block
  • Could chill legal representation of disfavored clients or causes
  • Civil rights discrimination claims based on race-based hiring allegations are asserted but not adjudicated
Executive Order 14246: Addressing Risks From Jenner & Block · Executive Orders