Addressing Risks From Susman Godfrey
This executive order targets Susman Godfrey LLP (Susman) and related entities, directing federal agencies to take a series of actions intended to limit Susman’s access to government resources and reduce taxpayer funding of Susman-related activities. The order asserts that Susman engages in conduct harmful to national interests, including discrimination and activities affecting elections and national security. Key measures include suspending active security clearances for Susman personnel, identifying and ceasing government goods and services provided to Susman, and tightening contracting rules so agencies must disclose and evaluate any business with Susman. Agencies are required to report their contract actions and assessments to the Director of the Office of Management and Budget (OMB) within 30 days. The order also imposes personnel restrictions and reiterates that the actions do not create legal rights.
Key Points
- 1Security clearance suspension: The Attorney General, the Director of National Intelligence, and other agency heads must suspend any active security clearances held by individuals at Susman pending a review of whether those clearances align with national interests.
- 2Government goods and services: The Office of Management and Budget must identify all government goods, property, materials, and services provided to Susman (including Sensitive Compartmented Information Facilities) and agencies should, to the extent allowed by law, cease providing them.
- 3Contracting and disclosures: Agencies may require contractors to disclose any business they have with Susman and whether that business relates to the subject of the government contract, to prevent subsidies of activities misaligned with American interests (including racial discrimination).
- 4Contract review and actions: Agency heads must review all contracts with Susman or entities that disclose doing business with Susman and, to the extent permitted by law, terminate any contract for which Susman has been hired to perform any service; otherwise align funding decisions with the administration’s goals. Agencies must submit within 30 days an assessment of contracts with Susman or related entities and any actions taken.
- 5Personnel and access restrictions: Agencies should limit Susman access to federal buildings and restrict Government employees’ official interactions with Susman personnel to protect national security; hiring Susman employees requires a waiver approved by the agency head with consultation with the Director of the Office of Personnel Management.
- 6Related authorities and limitations: The order preserves existing agency authority and budget processes and clarifies that it does not create enforceable rights; it also notes that it does not affect certain actions authorized by another executive order (EO 14230) dealing with racial discrimination.