Addressing Risks From WilmerHale
This executive order (EO) targets Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale), framing it as a risk to national security and public interests due to alleged conduct by the firm and its pro bono activities. It directs federal agencies to suspend active security clearances for WilmerHale personnel pending review, identify and cease use of government goods/services provided to WilmerHale, and scrutinize or terminate government contracts involving the firm or entities doing business with it. The order also imposes restrictions on WilmerHale access to federal facilities and on hiring its employees, with agency heads required to report on their contract actions and align funding decisions with the administration’s priorities. It expressly notes that Sec. 4 does not limit actions authorized under a separate executive order addressing discrimination, and provides standard legal safeguards (no created rights, compliance with law, etc.). In short, the EO uses a mix of security, procurement, and personnel controls to restrict WilmerHale’s involvement with the federal government.
Key Points
- 1Security clearance review (Sec. 2): Suspends active security clearances held by WilmerHale individuals and directs a review to determine if such clearances remain in the national interest.
- 2Government property and services (Sec. 2): The Office of Management and Budget (OMB) and agency heads identify government goods, property, and services used by WilmerHale (including SCIFs) and, to the extent allowed by law, cease providing them promptly.
- 3Contracting and disclosures (Sec. 3): Agencies must require contractors to disclose any business with WilmerHale related to a government contract. Heads of agencies should review contracts with WilmerHale or entities that disclose doing business with WilmerHale, terminate contracts where permissible, and otherwise adjust funding decisions to align with the administration’s priorities. Agencies must submit a 30-day report to the Director of the OMB detailing contracts and actions taken.
- 4Racial discrimination cross-reference (Sec. 4): Nothing in this order limits actions authorized by a separate executive order addressing discrimination related to Perkins Coie LLP (a cross-reference to another policy area).
- 5Personnel restrictions (Sec. 5): Agencies should limit WilmerHale access to federal buildings and limit WilmerHale employees’ interactions with government personnel, to the extent permitted by law. Agencies should refrain from hiring WilmerHale employees without a waiver coordinated with the Director of the Office of Personnel Management if such hire could threaten national security.
- 6General provisions (Sec. 6): The order does not alter existing statutory authorities or the Director of the OMB’s budget/administrative functions; it requires compliance with applicable law and appropriations. The order also states it creates no enforceable rights and is not intended to confer any legal benefit.