- The order directs Attorney General Pam Bondi to investigate alleged attorney misconduct.
- University of Nebraska Law Professor Eric Berger calls the order unconstitutional.
- Concerns arise over potential effects on legal representation and free speech.
Experts argue that the government's move to investigate attorneys involved in lawsuits against it poses a threat to constitutional rights.
President Trump’s Executive order issued Friday night called: Preventing Abuses of the Legal System and the Federal Court, directs Attorney General Pam Bondi to investigate any attorney or law firm in litigation against the Federal Government, the administration believes participated in "misconduct." KMTV spoke with distinguished University of Nebraska Professor of Law Eric Berger, he said the president’s order is unconstitutional.
"A core American right is the right to criticize the government and to file a lawsuit challenging governmental action that you believe to be illegal. So threats against the right to do that really strike at the core of the First Amendment," said Berger.
KMTV was told that many attorneys now are watching to see if courts uphold it and what might be the potential impact on lawsuits challenging the federal government.
"If policies like this are upheld or if President Trump were to ignore court orders against him, that would have a very serious impact on the rule of law. It would make it much, much harder, even impossible for ordinary Americans to challenge the government when the government violates their rights," said Berger.
The order includes the instruction to investigate "ethical misconduct" and determine "disciplinary action" for any attorney or law firm that appears to have violated rules including.. "meritorious claims and contentions." Josh Livingston an attorney at law firm Koenig and Dunne said the impact lies not just in the words of this action but also what it doesn't say.
"The ambiguous language that is used in the executive order, harass, delay is all open to interpretation and I have reason to suspect that that interpretation may favor the government's position here," said Livingston
Attorneys and law firms report to their state bar association for reviews of conduct. Livingston said the AG performing sanctions seems like an intimidation tactic.
"The executive order directs the attorney general to effectively report mass misconduct, but lawyers are already under a duty to ensure that misconduct is reported. It's almost a straw man argument to say that the attorney general is now directed to do what a good ethical attorney should be doing already," said Livingston.
KMTV contacted state delegates Don Bacon, Mike Flood, Pete Ricketts, and Deb Fischer.
Representative Flood sent the following statement:
"President Trump’s executive order simply ensures that our court system isn’t abused by or clogged with frivolous litigation. This action supports President Trump’s work to secure our border: the order highlights serious concerns about immigration law firms coaching their clients to give incomplete information or to outright lie about their history in order to circumvent our immigration laws. This is a commonsense order that benefits the national security interests of the United States and will help strengthen America’s border security.”
When we receive statements from the other delegates we will bring them to you, here.
