Addressing Risks from Susman Godfrey

4/9/2025

Executive Orders

View Original

Action Summary

Purpose: Address risks from Susman Godfrey LLP’s conduct, including weaponizing the legal system, undermining American elections, military effectiveness, and engaging in unlawful racial discrimination.
Background: Identify and mitigate conflicts of interest and national security risks presented by law firms whose activities undermine critical American interests and priorities.
Security Clearance Review:
- Mandate immediate suspension of security clearances held by Susman employees pending review.
- Require the Office of Management and Budget to identify and cease provision of government resources to Susman where legally permitted.
Contracting Measures:
- Require government contractors to disclose any business with Susman to ensure taxpayer funds are not subsidizing practices counter to U.S. interests.
- Direct agency heads to review and potentially terminate contracts with Susman or its affiliates, in alignment with presidential priorities.
Racial Discrimination: Clarify that this order does not limit actions taken under Executive Order 14230 related to addressing discriminatory practices.
Personnel Policies:
- Limit access for Susman employees to government facilities when such access poses a national security threat.
- Advise against hiring Susman employees for official government roles without appropriate waivers.
General Provisions: Ensure that agency authority and budgetary functions remain unimpaired; implementation is subject to applicable law and appropriations; the order does not create enforceable rights against the government.

Risks & Considerations

The Executive Order targets law firms like Susman Godfrey LLP, which are perceived to engage in activities detrimental to American interests. This could lead to increased scrutiny and potential legal challenges for institutions associated with such firms.
There is a risk of reputational damage for Vanderbilt University if it is found to have any affiliations with Susman or similar entities, especially in terms of contracts or partnerships.
The order emphasizes the elimination of racial discrimination in the name of diversity, equity, and inclusion (DEI) policies. This could impact Vanderbilt’s DEI initiatives, potentially requiring a reevaluation of current policies to ensure compliance with federal directives.
Vanderbilt may need to assess its legal and contractual relationships to ensure alignment with the new federal guidelines, particularly in terms of security clearances and government contracts.
The order could lead to a broader impact on the legal landscape, affecting how universities engage with law firms and legal counsel, especially those involved in federal contracts or sensitive information.

Impacted Programs

Vanderbilt’s Legal Department may need to conduct a thorough review of all legal partnerships and contracts to ensure compliance with the new executive order.
The Office of Diversity and Inclusion might need to reassess its programs and initiatives to ensure they do not conflict with the federal stance on DEI policies.
Research and Development programs that rely on federal funding or contracts may face increased scrutiny, necessitating a review of all associated legal and contractual obligations.
The Office of Government and Community Relations could play a crucial role in navigating the implications of this order, ensuring that Vanderbilt’s interests are protected while maintaining compliance with federal regulations.

Financial Impact

The order could affect Vanderbilt’s ability to secure federal contracts or funding if any affiliations with targeted law firms are discovered, potentially impacting financial stability and research funding.
There may be increased legal costs associated with ensuring compliance with the new order, including potential audits or reviews of existing contracts and partnerships.
Vanderbilt might need to invest in additional resources to monitor and adapt to changes in federal policies, particularly those affecting legal and contractual obligations.
The potential for reduced federal funding or contract opportunities could necessitate a reevaluation of financial strategies and priorities, particularly in areas heavily reliant on government support.

Relevance Score: 5 (The order presents critical risks involving legal or regulatory issues that require immediate attention and action.)

Key Actions

Office of General Counsel should review any existing or potential legal engagements with firms like Susman Godfrey LLP to ensure compliance with the new executive order. This includes assessing any conflicts of interest and ensuring that Vanderbilt’s legal partnerships align with federal guidelines.
Office of Federal Relations should monitor developments related to federal contracting and security clearance policies. This will help Vanderbilt anticipate changes that could affect its research collaborations and funding opportunities, particularly those involving sensitive information.
Human Resources should update hiring policies to reflect the executive order’s guidance on limiting engagement with employees from firms like Susman Godfrey LLP. This includes ensuring that any hires from such firms do not pose a risk to national security or conflict with university policies.
Research Administration should evaluate current and future contracts to ensure compliance with the executive order’s requirements. This includes identifying any business relationships with entities associated with Susman Godfrey LLP and taking appropriate actions as necessary.

Opportunities

The executive order provides an opportunity for Vanderbilt’s Law School to engage in research and dialogue on the implications of federal policies on legal practices. By hosting forums and discussions, the Law School can position itself as a leader in understanding and navigating the intersection of law and national security.
Vanderbilt’s Center for Ethics can explore the ethical dimensions of the executive order, particularly in relation to diversity, equity, and inclusion policies. This can enhance the university’s role in shaping ethical standards and practices in higher education and beyond.

Relevance Score: 4 (The executive order necessitates major process changes in legal, contracting, and hiring practices to ensure compliance and alignment with federal policies.)

Average Relevance Score: 4.8

Timeline for Implementation

Immediate: Agencies are directed to immediately take steps to suspend security clearances held by individuals at Susman and cease providing goods and services where applicable.
Within 30 days: Agencies must submit to the Director of the Office of Management and Budget an assessment of contracts with Susman or entities doing business with Susman, effective from the date of the order.

Relevance Score: 5

Impacted Government Organizations

Attorney General: Directed to suspend and review security clearances for individuals associated with Susman Godfrey, ensuring national security is not compromised.
Director of National Intelligence: Tasked alongside the Attorney General to review security clearances and address potential conflicts of interest.
Office of Management and Budget (OMB): Required to identify and curtail any provision of government goods, property, and services to Susman Godfrey while overseeing contract reviews.
Heads of Executive Departments and Agencies: Mandated to review contracts with Susman or its associates, limit interactions and access, and align all actions with national interests and security priorities.
Government Contracting Agencies: Instructed to enforce disclosure of any business conducted with Susman, and to consider terminating contracts that could compromise U.S. priorities.
Office of Personnel Management: Indirectly impacted by guidelines that require waivers for hiring former Susman employees when such hires might threaten national security.

Relevance Score: 5 (The executive order directs actions across multiple agencies and executive departments, impacting a wide range of government organizations.)

Responsible Officials

Attorney General – Responsible for suspending active security clearances at Susman and coordinating with other department heads on security reviews.
Director of National Intelligence – Tasked with immediately taking steps to suspend security clearances and review national security implications.
Heads of Executive Departments and Agencies – Charged with ceasing the provision of Government goods, materials, and services to Susman, reviewing contracts, providing guidance on access limitations, and aligning agency funding decisions in accordance with this order.
Office of Management and Budget – Required to identify Government property and goods provided to Susman and to collect agency assessments on contracts involving Susman-related business.
Director of the Office of Personnel Management – Consulted in the process of determining hiring policies regarding employees of Susman to ensure they do not threaten national security.

Relevance Score: 5 (Directives impact Cabinet-level and high-level agency heads, ensuring strategic national security implications.)