The U.S. Department of Justice filed a motion on Friday seeking to disqualify the law firm Susman Godfrey from representing the American Bar Association (ABA) in its ongoing lawsuit against the White House. Federal prosecutors argued in a Washington D.C. court filing that the firm's involvement violates ethics rules because its attorneys are likely to be called as fact witnesses in the case.
The ABA filed the lawsuit last year, alleging that the Trump administration implemented unlawful policies that targeted law firms based on their hiring practices, diversity initiatives, and political affiliations. Susman Godfrey was one of several firms specifically named in executive orders issued by the administration, and it previously secured an injunction against the enforcement of those orders.
In its filing, the Justice Department stated that District of Columbia ethics rules prohibit a firm from serving as both an advocate and a witness in the same proceeding. The government recently disclosed that it has issued subpoenas to Susman Godfrey and 13 other firms as part of the litigation. The DOJ argued that the ABA has the resources to retain alternative counsel without facing substantial harm.
The ABA has indicated it will oppose the motion to disqualify its counsel. Neither the ABA nor Susman Godfrey provided immediate comment on the filing. The case remains pending in the U.S. District Court for the District of Columbia.