Trump’s attacks on the rule of law threaten all Americans   

Since returning to the White House, President Trump has repeatedly and persistently misused his executive authority to attack and intimidate anyone who would dare to check him. In his first few months, he has gone after the free press, encroached on the independence of Congress and the courts, stifled institutions of higher learning, fired inspectors general and others inside the federal government who could hold him accountable, and even targeted law firms that represent clients he dislikes.

These abuses of power trample the values of our democracy and violate the rights of everyday Americans. When a president threatens law firms for retribution, it’s an attack on the constitutional rights of all Americans to access legal counsel, voice dissent and make clear what we expect from our leaders.

As attorney general of Minnesota, I know lawyers are not just spectators to the Constitution — we are its agents. We defend laws that protect people from harm. We hold bad actors accountable. We take a solemn oath to respect the courts. And when the executive branch oversteps the bounds of its authority, state attorneys general check the federal government to protect our residents’ rights. Above all, we stand for the rule of law.

But attacks on the rule of law have become a hallmark of the new administration. President Trump has disparaged federal judges as “lunatics” and called for their impeachment, earning the reprimand of Chief Justice John Roberts. He has ignored court orders after illegally deporting a lawful U.S. resident without due process, treading close to charges of contempt. He has signed executive orders to punish some of the largest law firms in the country because they dared to go against him in court or take on clients he viewed as political enemies.

When “Meet the Press” recently asked the president if his job is to uphold the Constitution, he said, “I don’t know.” But that is absolutely his job: The president took an oath to “preserve, protect and defend the Constitution of the United States,” and we all watched him do it. To disregard this duty is unacceptable and alarming.

These escalating attacks on courts, judges, lawyers and the rule of law are a blatant attempt to avoid accountability and to intimidate the people whose job it is to uphold the Constitution. Fortunately, our legal system is showing its resilience in the face of these attacks. A federal judge made it abundantly clear last week that the president’s retaliation campaign against law firms is unconstitutional. In a powerful 102-page ruling, U.S. District Judge Beryl Howell called the president’s executive order against Perkins Coie — a law firm that has represented Trump’s opponents — an “unprecedented attack” on our foundational principles. She issued a warning that we should all take heed of: “Eliminating lawyers as the guardians of the rule of law removes a major impediment to the path to more power.”

The ruling is a heartening decision for the rule of law. But we must stay vigilant: Trump has a boundless appetite for retaliation against anyone who sides with the truth over his lies. In addition to his attacks on Perkins Coie and other firms, last month, the president called on the Department of Justice to investigate and sanction officials from his prior administration because they had the audacity to defy him.

In one executive order, Trump called Christopher Krebs, the former head of the Cybersecurity and Infrastructure Security Agency, “abusive” because he said the 2020 election was secure and accurate.  

We have seen what happens when the president’s allies side with Trump instead of the truth and the rule of law. Even when Trump manages to escape accountability, those around him often do not.

The failed campaign to overturn the accurate results of the 2020 election led to the punishment of several unethical attorneys behind it, such as John Eastman, Sidney Powell, Rudy Giuliani and Jenna Ellis. They were held accountable by state and federal justice departments, as well as several state bar authorities, for failing to uphold their oaths as attorneys committed to the rule of law. 

In this challenging time, when Americans’ right to choose their counsel and defend their constitutional rights is under attack, lawyers who serve the public have a critical role to play. But those who want to honor their oaths to the American public are in a difficult position — we’ve already seen government lawyers who stand up to the administration dismissed from their positions. We should all be ready to support them for honoring their values, and for sharing the truth of the administration’s willingness to abandon the rule of law. And they should know that attorneys general across the states are standing with them, working to ensure the law applies equally to everyone. 

As attorneys and public servants, our loyalty must be to faithfully execute and defend the law, not bow to the bully in the White House.

Keith Ellison is attorney general of Minnesota.