DOGE is trying to outsource the US government — and Trump wants Big Law to make it happen

The White House has effectively extorted some of America’s most prestigious law firms to provide almost $1 billion in pro bono legal services to the Trump administration. This comes after House Speaker Mike Johnson, R-La., publicly threatened to eliminate entire federal courts if he doesn’t like how they rule. Both of these actions should set off alarms—not just for lawyers, but for anyone who cares about democracy.

Some lawyers and legal analysts insist these agreements are “unenforceable,” or will only advance causes supported by the president, but not actual pro bono services for the government. However, the increased attacks on the integrity and structure of government by Elon Musk’s Department of Government Efficiency (DOGE) make it clear that these propositions aren’t mere suggestions. These agreements are an intentional effort to outsource government work in alignment with their efforts to downsize and deconstruct the government. President Trump and his allies want to use big law to conduct government business as their “solution” to laying off thousands of federal working people. They also want to use this to continue their attacks against foundations, universities, civil society organizations and corporations that refuse to comply with their agenda.

To justify their actions, the Trump administration is distorting the meaning of “pro bono,” which traditionally translates as “for the good of the public,” to instead mean “for the good of President Trump’s interests.” People are right that this is abnormal and unheard of, but it’s part of a neo-segregationist power grab aimed at cementing power for the wealthy by destabilizing our government institutions and undermining our democratic system of checks and balances.

Understanding this context forces us to examine the legal profession's influence and responsibility in this moment because lawyers aren’t bystanders, and far too often, our profession has protected power rather than challenged it, whether by defending corporate interests at our expense or embracing “neutrality” as cover for complicity. Lawyers make a choice when they refuse to reject blatantly unconstitutional aims of the neo-segregationist agenda and instead offer legal legitimacy to its work. Historical titans of the profession like Charles Hamilton Houston, Thurgood Marshall, Pauli Murray and Clarence Darrow stand out because of their legal prowess and their courage to stand up to power, something that can be uncommon in our profession because many are willing to roll with the punches of oppression for prestige and monetary gain.

Most of us—across race, class, and background—want the same things: to be treated fairly, live with dignity, and have a justice system that works for all of us. And while the courts haven’t always delivered on that promise—especially for Black, Brown, Indigenous, poor, working-class, and LGBTQ+ communities—they’ve long served as one of the few institutions where everyday people can push back against unchecked power. What’s happening right now is not a matter of opinion or partisanship—it’s a test of whether we believe in the foundational idea that the law should protect people, not just power.

As a mother, I recognize the stakes of how this will impact my daughter’s future freedoms. Watching the coordinated erosion of justice from all sides should drive us all to action—whether it’s fighting back against billionaires funding lawsuits to end diversity, equity, and inclusion efforts, protesting lawmakers threatening the courts, or holding law firms accountable for prioritizing prestige over principle. The Trump administration is not just testing the boundaries of power—they’re testing whether we’ll use ours. So, it’s time to use our power to resist and reject these efforts, loudly.

To my fellow lawyers reading this: Your bar license is not just a ticket to power—it’s a tool of public trust. Like any tool, you can use it to build or to break. You can use your skills to defend communities under attack, protect the independence of the courts, and fight for the people systems often leave behind. Or you can use your skills to fast-track their suffering and attack the rule of law. The difference is the choice you make.

To those outside the legal field: The fight for justice has never belonged to the courts alone. The law only has meaning when we, the people, demand it live up to its promise. And we each have so many ways to demand the law live up to its promise. From protests and community coalitions to our roles in boardrooms and voting booths, this moment isn’t solely about the legitimacy of the courts or law firms. It’s about what kind of country we want to live in—and what each of us is willing to do to build it. Otherwise, people like Donald Trump, Elon Musk, and Mike Johnson will simply decide that you don’t have a choice or a voice in what our future looks like. And I’ll be damned if my choice is silence.