March 18, 2026
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11:12Now PlayingAttorneys Brian Kabateck and Shant Karnikian dig into the DOJ's 97-page appellate brief in the DC Circuit defending Trump's executive orders targeting four law firms — Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey. The opening line sets the tone: "Courts cannot tell the president what to say. Courts cannot tell the president what not to say." The hosts point out that's fundamentally wrong — that's the entire purpose of the third branch of government. The brief argues that security clearance decisions are unreviewable national security matters, that investigating firms' DEI policies is civil rights enforcement, and that restricting access to federal buildings doesn't matter because they never fully implemented it anyway. Four different federal judges in four separate cases all found these executive orders unconstitutional — one called it "an unprecedented attack" on the judicial system, another called it a "personal vendetta." The attorneys walk through how the orders actually work: suspending security clearances lawyers need to serve government contractor clients, barring lawyers from federal courthouses, and terminating government contracts — all because firms represented Hillary Clinton, Dominion Voting Systems, or employed lawyers who worked on the Mueller investigation. The hosts note this is the same case the DOJ tried to drop one evening and then reversed the next morning with no explanation — and predict Trump personally ordered the reversal because he can't let go of anyone who's come after him.
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