The New York City Bar Association (the “City Bar”) denounces in the strongest possible terms the President’s Executive Order dated February 25, 2025 titled “Suspension of Security Clearances and Evaluation of Government Contracts” (“Order”). The Order directs the heads of various agencies to “suspend any active security clearances held by Peter Koski and all members, partners, and employees of Covington & Burling LLP who assisted former Special Counsel Jack Smith during his time as Special Counsel, pending a review and determination of their roles and responsibilities, if any, in the weaponization of the judicial process.”[1] In addition to suspending all Covington & Burling lawyers’ security clearances, the Order further directs the Attorney General and heads of agencies to terminate any governmental engagement with that law firm.

While the Order purports to investigate and combat the weaponization of the judicial process, the irony is that it makes a mockery of that same process. The Order is contrary to the foundational part of due process that lawyers should not be held accountable for their clients or clients’ causes in discharging their functions. There are no charges filed against any of these lawyers, no criminal probe launched, and no reason given to revoke all governmental contracts. Instead, the plainest interpretation of the Order’s language is that the Executive branch has chosen to retaliate against an entire law firm for representing former Special Counsel Jack Smith in connection with a government investigation. If anything, the Order is clearly intended to deter law firms from representing clients whose interests are not aligned with those of the Executive Branch.

The Order is an improper use of government power. The City Bar urges the Executive Branch to rescind the Order and to comply with basic values of due process.

On the Improper Use of Government Power to Intimidate Law Firms and their Staff

About the Association
The mission of the New York City Bar Association, which was founded in 1870 and has 23,000 members, is to equip and mobilize a diverse legal profession to practice with excellence, promote reform of the law, and uphold the rule of law and access to justice in support of a fair society and the public interest in our community, our nation, and throughout the world. www.nycbar.org

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