Baker McKenzie Tax Lawyers Wade Into Trump Litigation
The lawyers represent nonprofit group Citizens for Responsibility and Ethics in Washington and the National Security Archive at George Washington University, which claim Trump and his executive office are violating the Presidential Records Act.
June 22, 2017 at 01:35 PM
12 minute read
A tax duo from Baker McKenzie joined the litigation bonanza against President Donald Trump on Thursday.
Tax partner George Clarke, along with associate Mireille Oldak, filed a lawsuit against the president in a D.C. federal court. Angela Vigil, another partner and executive director of the firm's pro bono practice, is also on the case. The lawyers represent nonprofit group Citizens for Responsibility and Ethics in Washington and the National Security Archive at George Washington University, which claim Trump and his executive office are violating the Presidential Records Act.
The complaint alleges White House officials use email applications that destroy messages once read; that some of Trump's “presidential statements” made on Twitter have been deleted; and that despite his claims of secretly taping some conversations, it's unclear if the president is preserving said tapes. Several media outlets reported Thursday that no such tapes exist.
The PRA, which requires the president to maintain certain records, was enacted following the Watergate scandal.
“Critical checks and balances are built into our system of government, including those implemented through congressional and judicial oversight,” the lawsuit said. “The ability of those checks and balances to work depends on the availability of a record of President Trump's actions.”
The complaint also alleges the president is disregarding his constitutional duty to “take care” that all laws are faithfully executed. The suit includes claims that the White House issues executive orders in order to consolidate decision-making power as opposed to using federal agencies, which are subject to more stringent open records requirements. The groups are seeking declaratory judgment that the president and his office are in violation of the law and an order requiring them to comply.
Few Big Law attorneys have taken on litigation directly challenging Trump and his administration. One of the most prominent examples is Hogan Lovells' Neal Katyal, who represents the state of Hawaii against the president's travel ban executive order.
Clarke confirmed he is working on the CREW case pro bono, but declined to comment on the litigation. Prior pro bono cases include the representation of several prisoners at Guantanamo Bay. Clarke is a former Marine, and typically works on international and federal tax issues.
Also on the case are CREW in-house lawyers Anne Weismann and Conor Shaw.
The suit is the latest from CREW, an organization headed by ethics lawyers Norm Eisen and Richard Painter, of the Barack Obama and George W. Bush administrations, respectively. Another suit brought by CREW in the Southern District of New York alleges that by maintaining ownership of his businesses, Trump is violating the Constitution's foreign emoluments clause, which bars elected officials from taking gifts from foreign governments. CREW is also advising Maryland Attorney General Brian Frosh and D.C. Attorney General Karl Racine on a similar emoluments lawsuit against the president.
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A tax duo from
Tax partner George Clarke, along with associate Mireille Oldak, filed a lawsuit against the president in a D.C. federal court. Angela Vigil, another partner and executive director of the firm's pro bono practice, is also on the case. The lawyers represent nonprofit group Citizens for Responsibility and Ethics in Washington and the National Security Archive at
The complaint alleges White House officials use email applications that destroy messages once read; that some of Trump's “presidential statements” made on Twitter have been deleted; and that despite his claims of secretly taping some conversations, it's unclear if the president is preserving said tapes. Several media outlets reported Thursday that no such tapes exist.
The PRA, which requires the president to maintain certain records, was enacted following the Watergate scandal.
“Critical checks and balances are built into our system of government, including those implemented through congressional and judicial oversight,” the lawsuit said. “The ability of those checks and balances to work depends on the availability of a record of President Trump's actions.”
The complaint also alleges the president is disregarding his constitutional duty to “take care” that all laws are faithfully executed. The suit includes claims that the White House issues executive orders in order to consolidate decision-making power as opposed to using federal agencies, which are subject to more stringent open records requirements. The groups are seeking declaratory judgment that the president and his office are in violation of the law and an order requiring them to comply.
Few Big Law attorneys have taken on litigation directly challenging Trump and his administration. One of the most prominent examples is
Clarke confirmed he is working on the CREW case pro bono, but declined to comment on the litigation. Prior pro bono cases include the representation of several prisoners at Guantanamo Bay. Clarke is a former Marine, and typically works on international and federal tax issues.
Also on the case are CREW in-house lawyers Anne Weismann and Conor Shaw.
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