#DoneWithDunn Student Boycott

We, the undersigned law students and new lawyers, pledge to boycott Gibson, Dunn & Crutcher LLP in response to the firm’s work shielding corporate polluters from climate accountability, its racist legal attacks against Indigenous communities, and the persecution of human rights lawyer Steven Donziger, whose imprisonment is a direct result of Gibson Dunn’s unethical and bullying litigation strategies.

Gibson Dunn has consistently advanced the interests of corporations that cause immense harm to the climate and frontline communities, particularly Indigenous communities. The 2021 Law Firm Climate Change Scorecard by Law Students for Climate Accountability (LSCA) found that Gibson Dunn conducted the second most anti-climate litigation of any law firm. Gibson Dunn has represented Dakota Access despite significant environmental impacts and its incursion on sacred Sioux land, and it currently represents a plaintiff in Brackeen v. Haaland, a lawsuit seeking to strike down the Indian Child Welfare Act, a vital law protecting against the removal of American Indian children from their communities.

Likewise, Gibson Dunn has aggressively litigated to ensure that Chevron evades liability for dumping billions of gallons of toxic waste that did irreversible environmental damage and caused widespread cancer and birth defects among Indigenous and campesino communities in Ecuador. Tens of thousands of Ecuadorians brought suit and were awarded a $9.5 billion dollar judgment to fund cleanup of the pollution; rather than pay it, Chevron has used Gibson Dunn to to demonize Steven Donzinger, the attorney representing these plaintiffs. Gibson Dunn helped mastermind a wholly unprecedented campaign of coercion, bribery, and persecution against Mr. Donziger. For the “crime” of refusing to endanger vulnerable environmental activists in Ecuador by handing over to Chevron years of sensitive communications with his clients, Mr. Donziger was kept under house arrest for two years — an act the United Nations High Commissioner for Human Rights decried as illegal under international law — and was recently sentenced to six months imprisonment. He surrendered himself on October 27.

These scorched-earth tactics are not new to Gibson Dunn, which has been fined by the Montana Supreme Court for “legal thuggery” and “blatantly and maliciously trying to intimidate” its opponents. A New York federal judge sanctioned the firm for “unacceptable shenanigans,” and a California federal judge found Gibson Dunn’s misconduct to be “a product of a culture which permeates” the firm. But Gibson Dunn’s extraordinary campaign to prevent Indigenous Ecuadorians from receiving relief by attacking Mr. Donziger represents a dangerous escalation of these tactics, and a tremendous threat to all future environmental plaintiffs and their advocates.

Last spring, in a letter signed by 87 law student organizations from dozens of law schools across the country, LSCA called on Gibson Dunn to commit to an ethical standard for its fossil fuel work. These student organizations have yet to receive a response. We reiterate their call.

As the newest generation to enter the legal profession, we refuse to be a part of Gibson Dunn’s work undermining access to justice, particularly for Indigenous communities. And we refuse to contribute to a firm that is doing so much to exacerbate a climate crisis that threatens every one of us with an unlivable future.

Sincerely,

The undersigned law students and new lawyers:

‘Winter is coming’: Allies fear Trump isn’t prepared for gathering legal storm

President Trump’s advisers and allies are increasingly worried that he has neither the staff nor the strategy to protect himself from a possible Democratic takeover of the House, which would empower the opposition party to shower the administration with subpoenas or even pursue impeachment charges

.. The president and some of his advisers have discussed possibly adding veteran defense attorney Abbe Lowell, who currently represents Trump son-in-law and senior adviser Jared Kushner, to Trump’s personal legal team

..Trump announced Wednesday that

  1. Donald McGahn will depart as White House counsel this fall, once the Senate confirms Supreme Court nominee Brett M. Kavanaugh. Three of McGahn’s deputies —
  2. Greg Katsas,
  3. Uttam Dhillon and
  4. Makan Delrahim — have departed, and a fourth,
  5. Stefan Passantino, will have his last day Friday.

That leaves John Eisenberg, who handles national security, as the lone deputy counsel.

.. McGahn and other aides have invoked the prospect of impeachment to persuade the president not to take actions or behave in ways that they believe would hurt him, officials said.

Still, Trump has not directed his lawyers or his political aides to prepare an action plan, leaving allies to fret that the president does not appreciate the magnitude of what could be in store next year.

.. Trump attorney Rudolph W. Giuliani said he and the president have discussed the possibility that special counsel Robert S. Mueller III will issue a damning report to Congress.

.. If Democrats control the House, the oversight committees likely would use their subpoena power as a weapon to assail the administration, investigating with a vengeance. The committees could hold hearings about policies

  1. such as the travel ban affecting majority-Muslim countries and
  2. “zero tolerance” family separation, as well as on possible
  3. ethical misconduct throughout the administration or the Trump family’s private businesses.
..  “Assuming Democrats win the House, which we all believe is a very strong likelihood, the White House will be under siege. But it’s like tumbleweeds rolling down the halls over there. Nobody’s prepared for war.”
.. Trump has told confidants that some of his aides have highly competent lawyers such as Lowell, who represents Kushner, and William A. Burck, who represents McGahn as well as former White House chief of staff Reince Priebus and former White House chief strategist Stephen K. Bannon.
“He wonders why he doesn’t have lawyers like that,” said one person who has discussed the matter with Trump.
Another adviser said Trump remarked this year, “I need a lawyer like Abbe.”
Giuliani said that he has not heard of Trump considering adding Lowell to the team but that he would be a great choice because of his thorough and aggressive style.

“This president might like that better,” Giuliani said. “If he thinks someone isn’t being tough enough, he has a tendency to go out to defend himself. And that’s not good.”

.. “I would think that the type of lawyer most able to handle the impeachment scenario would be someone from the appellate and Supreme Court bar — someone of the Ted Olson or Paul Clement or Andy Pincus level, someone who knows how to make the kind of arguments should it come to a vote in the Senate,” Corallo said.

.. Emmet Flood, a White House lawyer and McGahn ally who handles the special counsel’s Russia investigation, has long been considered a top prospect to replace McGahn.

.. Flood, often described as a lawyer’s lawyer, is in many ways the opposite of Trump and Giuliani, yet the president has told advisers he is impressed by Flood’s legal chops and hard-line positions defending the prerogatives of the White House.

.. White House aides, including deputy chief of staff Johnny ­DeStefano and political director Bill Stepien, have tried to ratchet down Trump’s expectations for the elections, saying that projections look grim in the House.

.. Another concern is that the White House, which already has struggled in attracting top-caliber talent to staff positions, could face an exodus if Democrats take over the House, because aides fear their mere proximity to the president could place them in legal limbo and possibly result in hefty lawyers’ fees.

“It stops good people from potentially serving because nobody wants to inherit a $400,000 legal bill,” said another Trump adviser.

.. the West Wing staff is barely equipped to handle basic crisis communications functions, such as distributing robust talking points to key surrogates, and question how the operation could handle an impeachment trial or other potential battles.

Trump sees the administration as having a singular focus — him — and therefore is less concerned with the institution of the presidency and not aware of the vast infrastructure often required to protect it, according to some of his allies.

.. Jack Quinn, who served as White House counsel under Clinton, said his office had at least 40 lawyers and as many as 60 during key times.

.. “I appreciate that Rudy Giuliani is doing a lot of the public speaking and perhaps some other things,” Quinn said. But, he added, “it’s a little bit of a mystery to me who is doing the outside legal work.”

It may have just confirmed a key New York Times scoop. 

Well, if the newly released Nunes memo is correct, House Republicans and the Trump administration just confirmed the Times’scoop. In the process, they blew up their core argument against the investigation. The investigation isn’t the fruit of the poisonous dossier (though the dossier did play a role); it existed before the dossier

.. From the beginning of the Russia investigation, it has always been the case that two things could be true at once: FBI agents could have engaged in misconduct (including misconduct motivated by political bias) and the Russia investigation could be legitimate, necessary, and based on information obtained not through Democratic opposition research but through legitimate intelligence-gathering methods.

From the beginning of the Russia investigation, it has always been the case that two things could be true at once:

  1. FBI agents could have engaged in misconduct (including misconduct motivated by political bias) and
  2. the Russia investigation could be legitimate, necessary, and based on information obtained not through Democratic opposition research but through legitimate intelligence-gathering methods.

Harvey Weinstein Is Fired After Sexual Harassment Reports

“In light of new information about misconduct by Harvey Weinstein that has emerged in the past few days, the directors of the Weinstein Company — Robert Weinstein, Lance Maerov, Richard Koenigsberg and Tarak Ben Ammar — have determined, and have informed Harvey Weinstein, that his employment with the Weinstein Company is terminated, effective immediately,”

.. In an interview, Mr. Maerov said it had been brought to the board’s attention on Sunday that Mr. Weinstein had violated the company’s code of conduct in the past week. But he would not specify what the violation was.

.. “I see this as a tipping point,” said Jenni Konner, who co-produced, wrote and directed the HBO series “Girls.” “This is the moment we look back on and say, ‘That’s when it all started to change.’”

The firing of Mr. Weinstein by his own company, Ms. Konner said, “is going to scare any man in Hollywood using his power for anything but making movies and television.”