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April 7, 2025

Energy Department secretly surveils contractors' dealings with Trump-targeted law firms

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American Civil Liberties Union
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Energy Department defies courts to spy on law firms

"Energy Department's Office of Acquisition Management sent directive on April 7, 2025, instructing contract employees to gather information on contractors' business relationships with WilmerHale, Jenner & Block, Perkins Coie, and Covington & Burling law firms. The email included a spreadsheet for employees to track contractor disclosures."

"Judge John D. Bates issued a temporary restraining order on March 28, 2025, specifically directing Trump administration to immediately communicate to every recipient that disclosure requests for Jenner & Block relationships were rescinded. The court ordered government to cease making such requests entirely."

"Energy Department sent the surveillance directive more than a week after Judge Bates's explicit prohibition, violating direct court orders. Two other federal judges, Richard Leon and Beryl Howell, had issued separate rulings blocking identical disclosure requirements in other cases."

"Trump signed Executive Order "Addressing Risks from Jenner & Block" on March 26, 2025, and Executive Order "Addressing Risks From WilmerHale" on March 28, 2025, targeting firms that employed former special counsel investigators or represented Trump's political opponents."

"The Energy Department directive was rescinded on April 9, 2025, two days after being discovered and reported. The brief window still forced contractors to spend days deciding whether to comply with illegal surveillance or risk federal contract relationships."

"Trump's executive orders sought to retaliate against law firms by jeopardizing their ability to represent government contractors and limiting their access to federal buildings. The orders specifically targeted firms that previously employed Robert Mueller, Andrew Weissmann, and other Trump investigators."

"Three separate federal judges found the disclosure requirements violated First Amendment protections for legal representation and constituted impermissible government retaliation against protected speech and association."

📜Constitutional Law🏛️Government⚖️Justice

People, bills, and sources

"Judge John D. Bates"

"Federal District Judge"

"Andrew Weissmann"

"Former Mueller prosecutor at Jenner & Block"

"Robert Mueller"

"Former Special Counsel and WilmerHale retired partner"

"Paul Clement"

"Former Solicitor General representing WilmerHale"

What you can do

1

"File federal court motions for contempt sanctions against Energy Department officials who violated judicial orders"

2

"Contact targeted law firms at WilmerHale, Jenner & Block, Perkins Coie to support their constitutional challenges"

3

"Demand congressional investigation of executive branch defiance of federal court orders through House Judiciary Committee"

4

"Support ACLU litigation at aclu.org protecting constitutional right to legal counsel without government retaliation"

5

"File Freedom of Information Act requests for all Energy Department communications about law firm surveillance programs"

6

"Contact energy contractors urging them to refuse compliance with illegal government surveillance of attorney relationships"