To the surprise of perhaps nobody with a pulse, yet another Big Law firm has preemptively surrendered in advance to the Pork Reich's fascist agenda to avoid Trump's revenge for *checks notes* taking completely legitimate cases against him and his fascist allies - including "representing two Georgia election workers who sued his (Trump's) former attorney and adviser, Rudy Giuliani, for defamation."

https://www.commondreams.org/news/trump-doug-emhoff-firm

'Absolutely Shameful': Critics Slam Latest Law Firm to Cave Amid Trump's Revenge Threats

"Willkie Farr & Gallagher LLP proactively reached out to President Trump and his Administration, offering their decisive commitment to ending the Weaponization of the Justice System and the Legal Profession," Trump said on his Truth Social network. "The President is delivering on his promises of eradicating Partisan Lawfare in America, and restoring Liberty and Justice FOR ALL."

According to Trump, Willkie—whose partners include former Second Gentleman Doug Emhoff—will provide a total of at least $100 million in pro bono services to veterans, active duty U.S. troops, and Gold Star families; law enforcement and first responders; to "ensuring fairness in our justice system;" and combating antisemitism.

The firm also agreed to commit to "merit-based hiring" and refrain from "illegal" diversity, equity, and inclusion hiring, promotion, and retention. It must also "not deny representation to clients, such as members of politically disenfranchised groups... who have not historically received legal representation from major national law firms... because of the personal political views of individual lawyers."

Setting aside the fact that forcing the law firm run in part by Kamala Harris's husband to grovel and capitulate without a fight is a huge propaganda win for Der Führer, Trump's increasing control of Big Law is a much bigger story than folks outside of the legal world may realize. I think most people grasp that like virtually all of the stories about white shoe DC law firms agreeing to work for Trump, even if they don't realize that's what they've done yet, the story of Wilkie's preemptive surrender is primarily about cowardice, greed, and collaboration.

What I'm not sure a lot of people who aren't familiar with how civil rights law actually functions in America understand however, is that every time Trump forcibly recruits one of these DC firms, he's also knocking out a valuable plank of resistance to his authoritarian violations because there are literally only so many lawyers available to take civil rights cases, and those cases are typically done pro bono. While it would be nice to imagine a legal system not entirely dependent on lawsuits and rich lawyers engaging in a little reputation washing to protect the civil rights of folks persecuted by a fascist government, that is in fact the situation in the really real world we're living in. At the rate he's going so far, Trump is not only going to force all the best law firms in DC to work for the regime, but he's also going to drastically reduce the number of cases that can be brought against his government for even clear civil rights violations, simply because there won't be any lawyers left able to take those cases at rates targeted people can afford.

I'm often leery of sharing stories like this because the point isn't, and cannot be, that anti-trans policies and the dehumanization of trans people in our society is bad, because it also affects cis people, particularly women, in horrifyingly negative ways. One of the primary reasons we've facing down a politically empowered fascist Trump regime, is that Americans as a society have already accepted the idea that some people don't matter, and aren't human enough for the full spectrum of human rights; even if the folks making those arguments rarely admit what they're actually arguing for in a big picture sense. As in the case of Muslims, migrants, student protestors and women who want to control their own bodies, our society's casual disregard for the human and civil rights of trans people has acted as a permission gate for the Trump regime's larger project to strip the rights of anyone they don't like, or who dares to speak out in dissent.

Despite my reservations about centering cis experiences when talking about the anti-trans pogrom however, the fact is that cis women *are* negatively affected by the war on trans existences in both a micro and macro sense; whether it's hate-fueled transinvestigators invading women's bathrooms to "protect women," or the way anti-trans propaganda serves as a stepping stone for larger patriarchal efforts to possess women's bodies, this is a very real consequence of a normalized anti-trans pogrom that dehumanizes, otherizes, and criminalizes trans people (particularly trans women.) Furthermore, as the story of Dani Davis, a Florida woman fired by Walmart for being tall enough to trigger abusive behavior from a raging transphobe, demonstrates - the reality is that a society that isn't prepared to stand up for the human rights of trans people, isn't likely to stand up for the human rights of women, or workers, either.

For more on that, let's turn to this short (14 minute) video by Mike Figueredo from THR:

The Humanist Report: Walmart Fires Cis Employee *BECAUSE* She Was Harassed by Transphobic Customer in Bathroom

"A Walmart employee named Dani Davis was accosted and threatened by a transphobic customer during her shift, and she was subsequently fired because of it. The customer followed her into the bathroom and accused her of being a man and yelled transphobic slurs at her. Days after she reported the incident to her supervisor, she was fired because she supposedly posed a “security risk” to others in the store. In this video we’ll talk about this disturbing story and discuss how transphobia harms ALL women; both trans and cis alike."

https://www.youtube.com/watch?v=nauz7001Q0U

For an example (both good, and bad) of the type of analysis I'm talking about, take a look at this March 30th piece by Kenan Malik in The Guardian:

https://www.theguardian.com/commentisfree/2025/mar/30/just-like-mccarthy-trump-spreads-fear-everywhere-before-picking-off-his-targets

Just like McCarthy, Trump spreads fear everywhere before picking off his targets

"Seventy years on from McCarthyism, America seems to be entering such a moment. Over the past month, we have seen the mass deportation to a notorious foreign jail of hundreds of people declared to be illegal immigrants and gang members, without evidence or due process; the arrest, detention and threatened deportation of foreign students, including Mahmoud Khalil, Rumeysa Ozturk, Momodou Taal and Yunseo Chung, for protesting about the war in Gaza; the blacklisting of law firms representing clients of whom Donald Trump does not approve; the mass sackings of federal workers.

Fear works here in two ways. The targets of repression are groups about whom it is easier to create fear, and so easier to deprive of rights and due process. Doing so then creates a wider climate of fear in which people become less willing to speak out, and not just about Palestine. Already, “whole segments of American society [are] running scared”, as one observer put it.

Institutions such as universities, Schrecker concluded about the 1950s, “did not fight McCarthyism” but “contributed to it”, not only through dismissals and blacklists but also through accepting “the legitimacy of what the congressional committees and other official investigators were doing”, thereby conferring “respectability upon the most repressive elements” of the process.

It’s a process repeating itself today. Earlier this month, after cancelling $400m (£310m) in federal grants and contracts, Trump made a series of demands of Columbia University, including that it change its disciplinary rules, place the Middle Eastern, South Asian and African Studies department under “academic receivership” and adopt the contested International Holocaust Remembrance Alliance definition of antisemitism that its own lead drafter, Kenneth Stern, condemns as having been “weaponised” into “a blunt instrument to label anyone an antisemite” and to “go after pro-Palestinian speech”. Last week, Columbia capitulated."

On some levels, this is great analysis; Malik's examination of the role fear and "anticipatory obedience" had in both the Red Scare and the installation of Trump's would-be fascist dictatorship, is spot on. He's absolutely right to suggest that Trump's attempts to transform society and seize control of its institutions to shape them in his (fascist) vision is well in line with the effects of McCarthyism, and that the capitulation of the establishment was presaged by the exact same thing during the Red Scare. By that same measure however, do a quick page search for "fascism" or "dictatorship" and you won't find either word in this article. There's nothing wrong with giving readers a historical analogy to get a handle on what is happening in our society, but without the additional context of where this new (old) brand of Trumpian McCarthyism is going and what purpose it serves, all you're really accomplishing is telling readers to relax and remain calm because "we've been here before."

If you're wondering why the pundit class and the mainstream media organizations that employ them have been so tepid in their criticism of Trump, so unwilling to name the fascist beast and draw the logical conclusions the regime's actions imply, perhaps it's because they know they've been complicit in this fascist nightmare? As Joan Westenberg notes in this brilliant March 15th drag out piece, the normalization of the fascist ideology the Trump regime is running on now has many fathers in American society, and not all of them are folks who'd want to be known as supporters of MAGA fascism; but that's precisely the role they've served, for personal gain:

https://www.theindex.media/the-pundit-class-played-devils-advocate-now-the-devils-at-the-door/

The Pundit Class Played Devil’s Advocate. Now the Devil’s at the Door.

"A revolving door of New York Times, Wall Street Journal, and Washington Post columnists made a career of platforming people who—either blatantly or through implication—argued that transgender people shouldn't exist. That democracy had "gone too far." They raged against "wokeism" because they couldn’t conceive of a world where it wouldn’t prevail. They bemoaned "cancel culture" not because they cared about free speech, but because they mistakenly believed the right-wing ideologues they dined with had been cast out for good.

In their intellectual stupor, they decided that the forces of social change were so overpowering and unstoppable that the world needed a voice to speak up against them in an infernal balancing act. And it felt daring, didn't it? To be the literary equivalent of the Cool Girl—not like those Other Girls who care about freedom, equity, history, and common sense.

They dressed themselves up as the beatniks of cultural commentary. They convinced themselves of their "underground" status. They basked in institutional protection, indulging in a self-congratulatory circle-jerk of mock dissent where the stakes were always someone else's problem. They positioned themselves as lone voices against an imagined tide of unthinking dogma, pretending that they were fighting against orthodoxy when, in reality, they were just reinforcing the status quo with a hipster filter. They weren't holding truth to power. They were selling a brand: rebellion without responsibility, provocation without principle, and the posture of dissent with none of the burden of consequence.

They dined on the aesthetic of courage without ever taking a risk. And why not? The market for disaffected liberals playing footsie with fascists was lucrative and full of opportunities for highbrow grift."