Podcast Summary: The Majority Report with Sam Seder
Episode 2466 - "Trump's Big Law Vendetta w/ Rachel Cohen"
Release Date: April 1, 2025

Introduction

In Episode 2466 of The Majority Report with Sam Seder, host Sam Seder engages in a profound discussion with Rachel Cohen, a former attorney at the prestigious law firm Skadden, Arps, Slate, Meagher & Flom (commonly known as Skadden Arps). The episode delves into the Trump administration's targeted attacks on major law firms, the implications for the legal industry, and the broader consequences for due process and democratic institutions.

Trump’s Vendetta Against Major Law Firms

Sam Seder opens the episode by outlining a wave of aggressive actions initiated by the Trump administration against top-tier law firms. These actions include:

• Threats via the Equal Employment Opportunity Commission (EEOC): The administration is leveraging the EEOC to pressure law firms by threatening to revoke government contracts and security clearances. This tactic aims to intimidate firms that have historically represented Democratic clients or engaged in pro bono work counter to the administration's policies.

  Sam Seder [32:45]: "Imagine being an attorney of color working 60, 70-hour weeks, constantly doing outstanding work and getting an email from your boss about how they wanted to listen to the Trump administration to stamp out the illegal DEI that is happening at Skadden Arps."

• Cancellation of Government Contracts: By targeting firms’ financial foundations, the administration seeks to coerce law firms into compliance with its political and legal agendas.

  Sam Seder [03:33]: "On the program today, Rachel Cohen, lawyer, formerly of Skadden, Arps, Slate, Meagher, Flom recently quit over that law firm's capitulation to Donald Trump."

Rachel Cohen’s Departure from Skadden Arps

Rachel Cohen shares her personal experience and the rationale behind her resignation from Skadden Arps. She emphasizes the untenable position law firms find themselves in due to the administration's coercive tactics.

• Unacceptable Demands: The administration demanded exorbitant pro bono commitments, with Skadden Arps pledging over $100 million in pro bono work, surpassing commitments from other firms like Paul Weiss.

  Rachel Cohen [32:50]: "They promised $100 million worth of pro bono hours to the Trump administration, which is more than twice Paul Weiss's $40 million that they promised. That was a terrible deal anyway."

• Intimidation and Antagonism: The administration's efforts are perceived as a form of retribution against law firms that support causes opposed by the administration, such as asylum representation and impact litigation.

  Rachel Cohen [33:58]: "They are using these kinds of EEOC enforcement mechanisms through a certain extent... They're using it wrong."

Impact on Pro Bono Work and Legal Representation

The discussion highlights the critical role of pro bono work in the legal system and how the administration's tactics threaten to undermine it.

• Erosion of Pro Bono Commitment: With law firms under pressure to meet massive pro bono obligations for the administration, resources may be diverted from supporting marginalized communities and defending due process rights.

  Rachel Cohen [43:09]: "It's tough because you don't want to come out to any type of outward facing media and act like corporate law firms... they are not on the front lines of justice work."

• Opportunity Cost: The redirection of pro bono resources toward governmental demands results in fewer resources available for defending individuals' rights, thereby weakening legal protections for vulnerable populations.

Specific Cases Highlighted: The Abrego Garcia Incident

Rachel Cohen discusses the case of Abrego Garcia, a father illegally deported to El Salvador due to administrative errors, illustrating the administration's disregard for due process.

• Due Process Violations: Despite having legal protected status, Garcia was wrongfully deported, highlighting systemic failures and the administration's manipulative tactics.

  Rachel Cohen [14:00]: "Abrego Garcia picked up his son after work from the boy's grandmother's house when ICE officers stopped the car saying his protected status had changed... couple months later he is sent to El Salvador."

• Public Perception and Misinformation: The administration has worked to mask errors and portray such incidents as isolated, misleading the public about the prevalence and causes of these injustices.

  Sam Seder [16:55]: "They were sent to El Salvador because of an administrative error... now they're in a dungeon."

Law Firms’ Response and Organizing

Rachel Cohen explains the internal reactions within law firms, emphasizing the importance of solidarity and resistance against the administration's coercive measures.

• Organizing and Resignation: Several attorneys, including Cohen, have resigned in protest, signaling a potential shift within the legal industry towards greater resistance.

  Rachel Cohen [55:44]: "Two other people at Skadden have already quit since they announced their deal."

• Cultural and Structural Challenges: The hierarchical and profit-driven structure of large law firms makes collective resistance difficult, as partners often prioritize financial stability over ethical considerations.

  Rachel Cohen [57:32]: "Skadden is an equity partnership only structure... many of these partners understand that Donald Trump has authoritarian tendencies."

Implications for Due Process and Democracy

The episode underscores the broader implications of the Trump administration's actions on due process and democratic institutions.

• Erosion of Legal Protections: By undermining law firms that defend due process, the administration weakens fundamental legal safeguards, threatening the integrity of the judiciary and the protection of individual rights.

  Rachel Cohen [52:19]: "It is about the people legally in this country who are getting deported or indefinitely detained over free speech rights or who are just due process rights violated."

• Democratic Backsliding: The administration's aggressive legal tactics are viewed as indicators of a potential slide towards authoritarianism, with significant consequences for the rule of law and democratic governance.

  Sam Seder [66:13]: "If there is such a thing as losing a democracy... we are in the process of losing it."

Conclusion

Sam Seder and Rachel Cohen conclude the episode by reflecting on the critical need for resistance and solidarity within the legal community and beyond. They emphasize that fighting against authoritarian tactics is essential to preserving due process, democratic institutions, and the rule of law.

Sam Seder [63:19]: "We won't rest. Only fighting is going to keep this role."

Rachel Cohen [61:39]: "Someone has to stand up... Whether we win or not, if no one had spoken on this, the story would have died quite quickly."

Key Takeaways

• Trump Administration's Strategy: Utilizing EEOC threats and contract cancellations to intimidate major law firms into compliance with political agendas.

• Resignation as Protest: Rachel Cohen and other attorneys leaving prestigious firms highlight a growing resistance within the legal community against authoritarian pressures.

• Threat to Due Process: The administration's actions pose significant risks to fundamental legal protections and the integrity of the judicial system.

• Call for Solidarity: The episode underscores the necessity for collective action within and outside the legal industry to resist authoritarian tactics and uphold democratic values.

Notable Quotes with Timestamps:

• Sam Seder [32:45]: "Imagine being an attorney of color working 60, 70-hour weeks, constantly doing outstanding work and getting an email from your boss about how they wanted to listen to the Trump administration to stamp out the illegal DEI that is happening at Skadden Arps."

• Rachel Cohen [32:50]: "They promised $100 million worth of pro bono hours to the Trump administration, which is more than twice Paul Weiss's $40 million that they promised. That was a terrible deal anyway."

• Rachel Cohen [52:19]: "It is about the people legally in this country who are getting deported or indefinitely detained over free speech rights or who are just due process rights violated."

• Sam Seder [66:13]: "If there is such a thing as losing a democracy... we are in the process of losing it."

• Rachel Cohen [61:39]: "Someone has to stand up... Whether we win or not, if no one had spoken on this, the story would have died quite quickly."

This episode of The Majority Report provides a compelling and critical analysis of the Trump administration's aggressive legal strategies against major law firms, highlighting the broader implications for due process and democratic institutions. Rachel Cohen's firsthand account offers valuable insights into the challenges faced by legal professionals in resisting authoritarian pressures and underscores the importance of collective action in defending democratic values.