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18 ¦ DECEMBER 7, 2020 NEWS

‘Our Country Deserved Better From
Members of the Bar’

By Mike Scarcella

Agroup of former D.C. bar presi-
dents, speaking out collectively
in a new statement, on Tuesday
denounced what they described as ef-
forts by attorneys for the Donald Trump
presidential campaign to “subvert the
democratic process” through court cas-
es lacking a foundation in evidence.
“If any legitimate evidence to support
the challenges existed, we would defend
the lawyers in raising the pertinent legal
issues. But in the absence of any mean-
ingful evidence, we must condemn the A man walks among campaign signs at Towson University as people
abuse of the judicial system to subvert arrive to cast their vote in the 2020 Presidential Election in Baltimore,
the democratic process,” the former bar on Nov. 3, 2020. Photo: Diego M. Radzinschi/ALM

leaders said in their statement posted at The Wash- Washington University Law School professor, wrote
ington Post. at the Post recently. “It’s not out of bounds to criti-
Signatories included Jamie Gorelick of Wilmer cize those who agree to bring cases that could be so
Cutler Pickering Hale and Dorr; Stephen Pollak of damaging to our democracy.”
Goodwin Procter; Mark Tuohey of BakerHostetler; Writing at conservative publication National
Carolyn Lamm of White & Case; Joan Strand of Review recently, and criticizing the public outcry
George Washington University Law School; John against firms advocating for the Trump campaign,
Nields Jr. of Covington & Burling; James Sandman, Joel Zinberg, a senior fellow at Competitive Enter-
president emeritus of the Legal Services Corp.; Kim prise Institute, said: “Today’s intimidation tactics
Keenan, a JAMS arbitrator and veteran trial lawyer; are uncomfortably reminiscent of the McCarthyist,
and Esther Lim of Finnegan, Henderson, Farabow, Red Scare tactics of the early 1950s. Lawyers were
Garrett & Dunner. pressured to not defend people in anti-Communist
Law firms that are working for the Trump cam- proceedings and often suffered economically for do-
paign on its bid to use the courts to stop Joe Biden ing so, losing clients who feared associating with
from becoming president have drawn widespread defenders of communists, their jobs, and even their
criticism in recent weeks. The discourse has renewed ability to practice law.”
debate over whether and when law firms, small and The Trump campaign has largely failed to land any
large, should shun the demands or wishes of a client. substantial win in court in the dozens of cases filed
Or even retain some clients at all. over the election. Indeed, state and federal judges
“Law is a profession, but these mega-law firms are have broadly rejected the campaign’s claims. U.S.
also big businesses. Like any business, they can be Attorney General William Barr on Tuesday said the
held accountable by the public—and by their other Justice Department had found no evidence of fraud
customers—for how they choose to deploy their that would change the outcome of the election that
considerable resources,” Randall Eliason, a George Biden won.

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