A U.S. judge overseeing the criminal case against Chinese telecom giant Huawei raised concerns that an executive order issued by President Donald Trump could hinder the company’s defence.
During a hearing in Brooklyn, U.S. District Judge Ann Donnelly noted that the order, which stripped security clearances from several lawyers at Jenner & Block, including David Bitkower, may affect Huawei’s legal representation in its pending trial.
Donnelly emphasized the urgency of resolving the issue ahead of the scheduled January trial, citing the importance of security clearances for the defence team to access classified materials. A Justice Department representative responded that the government would seek to secure clearance for another Huawei defence team member.
The executive order, which affects four prominent U.S. law firms—Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey—has led to litigation challenging its legality. Jenner & Block has filed a lawsuit in Washington, D.C., seeking to overturn the order. In a court filing, the firm stated that all its security clearances had been suspended, including those necessary to represent clients in sensitive matters.
The case illustrates the broader implications of the Trump administration’s directive, which targets law firms associated with individuals or cases deemed misaligned with White House priorities. The order also restricts firms’ access to government officials and suspends federal contracts linked to their clients.
Bitkower, a former senior federal prosecutor now leading Jenner’s investigations and defence group, is representing Huawei in the racketeering and trade secrets case stemming from a 2020 superseding indictment. Huawei has denied the charges and accused the government of targeting the company without cause.
Other firms affected by the order, including WilmerHale, also reported suspensions of security clearances for their attorneys. A ruling is expected soon in Jenner’s lawsuit challenging the executive action.