The first thing we do is, let’s kill all the lawyers

Four hundred years ago, William Shakespeare wrote an oft-misunderstood phrase: “The first thing we do is, let’s kill all the lawyers.” As Supreme Court Justice John Paul Stevens understood, this phrase was likely not meant to disparage lawyers, but a recognition of the crucial role of lawyers in preserving the rule of law. In his interpretation of the phrase, memorialized in the 1985 case Walters v. Radiation Survivors, “Shakespeare insightfully realized that disposing of lawyers is a step in the direction of a totalitarian form of government.”

For centuries, people have understood that lawyers are a critical tool for upholding the rule of law and preserving democracy. It is clear that the second Trump administration understands this well. And so it is unsurprising that the first president to amass felony convictions in his post-presidency is determined to force the legal profession into subservience. Trump and his allies realize that undermining the legal infrastructure of the nation is critical to their plan to build an authoritarian regime in the United States. Whether it succeeds or not will depend on whether the nation’s leading lawyers have the fortitude and moral clarity to stand up for democracy, justice and the rule of law.

In the last few weeks, the Trump administration began a multi-front offensive on the rule of law in a series of escalating threats and punitive measures: 

• Threatening judges with impeachment and tacit violence for issuing rulings upholding the Constitution in the face of his unlawful behavior. 
• Issuing executive orders retaliating against law firms who have represented his political opponents, trans youth and others caught in Trump’s crosshairs.
• Stripping funding away from attorneys who do critical work representing the most vulnerable among us.
• Drafting a memo weaponizing the Departments of Justice and Homeland Security against lawyers accused of “frivolous, unreasonable, and vexatious” litigation against the Trump administration. 

In other words, Trump is targeting lawyers who use the constitutionally established balance of powers to rein in a would-be authoritarian. While lawyers and judges may be the ones ostensibly under attack, make no mistake: This is about ensuring Trump’s unfettered ability to harm vulnerable people and trample on our democracy with no checks or safeguards to stop him.

While Trump’s allies in Congress have threatened to eliminate courts in which judges are doing their jobs and issuing rulings that halt the president’s unconstitutional and illegal actions, that won’t be necessary if there aren’t lawyers to file the cases that ultimately result in such accountability. Trump’s memo “Preventing Abuses of the Legal System and the Federal Court” previews that no firm or lawyer will be safe from the administration’s attack on the legal system — even those who have represented his interests in the past. It is safe to say there is not a big law firm in this country that would not have some part of their work fall under this snare, especially through their pro bono work. Already, both Skadden Arps, a global law firm with over 3,500 attorneys and billions in yearly revenue, and Paul Weiss, one of the nation’s most prestigious law firms, have acquiesced to the Trump administration’s demands for fear of sanctions. As a former summer associate at Paul Weiss, I am disappointed that the firm not only failed to find the courage the moment requires but complied willingly and enthusiastically,
committing to provide $40 million in legal support for the administration’s agenda and giving Trump a say in its day-to-day operations. 

And to be very clear: If the corporate defense law firms that exist largely to preserve the status quo that has so benefited the Donald Trumps and Elon Musks of the world are under attack, there is no question as to whether this administration will be coming for the lawyers who have long been on the frontlines of the fight for justice — the union lawyers, the civil rights lawyers, the immigration lawyers and more. It is clear these blunt force tactics are designed to intimidate and silence lawyers, judges and law students, creating a chilling effect across the legal profession that makes them far less likely to speak out in the face of personal and professional retribution. This disrupts the rule of law, undermines the foundation of our democracy and ultimately hurts the most vulnerable, like unaccompanied migrant kids who rely on the availability of legal services to help preserve their rights in the midst of profound attacks. 

But Trump’s witch hunt will only succeed if lawyers let it. Fortunately, lawyers — including many with far less economic and social security than the partners at Paul Weiss — have started to show that at least some members of our profession are willing to stand up against authoritarianism. Attorneys general from across the country and lawyers like those at the ACLU and Democracy Forward are standing with the communities most under threat by this administration and filing critical lawsuits that in many instances have slowed — and may eventually stop — the most egregious of Trump’s actions. Voting rights lawyers, union lawyers and movement lawyers have long shown what legal bravery in defense of democracy and justice can look like. And despite the unrelenting attacks from Trump and Musk, federal judges continue to serve as a critical bulwark against the worst abuses of this administration.

The path that lawyers choose at this moment will be a critical determinant of whether we are able to preserve some semblance of democracy and justice in the U.S. Across the country, vulnerable people under direct threat by Trump — immigrants, trans people, those who depend on government support in order to be able to make ends meet and so many more — are showing incredible bravery. It’s essential that lawyers do the same — while they still can.