138 Comments
User's avatar
TCinLA's avatar

Sullivan and Cromwell have been the Pigs of American law for a looooonnnngggg time. They were the representative of Big Banana in the colonization years in Central America. One of their senior partners was John Foster Dulles - Eisenhower's "You're With Us or Against Us" Secretary of State, who with his brother Allen Dulles as head of the CIA, overthrew the government of Jacobo Arbenz in Guatemala for the crime of wanting to institute land reform and relieve Dole Fruit Co of some of its land (Dole at the time owned 80% of the arable land in the country) for agricultural reform. He was labeled a "communist"by the Dulles Brothers. The 1954 coup initiated a 40 year civil war in Guatemala that saw coup after coup by more rightwing generals, and the loss of 60% of the population either to migration to the United States or ethnic cleansing in regards to the Mayan indians between 1954-94. (I wuld be unsurprised to learn they represent the drug gangs who now run the country) They've also managed to be the lawyers of record for every other Central American Jefe, including the three generations of Somozas who ran Nicaragua, and pretty much every other right wing dictator the US claimed as a "fighter for freedom" in the Cold War. They were the lawyers for Generalissimo Rafael Trujillo in the Dominican Republic, "Papa Doc" Duvalier in Haiti, and Batista in Cuba. The firm has been on the wrong side of history since they were formed to protect the American pigs of the Gilded Age. So, really no surprise they'd be the ones to take on Trump as they have. If there's an American law firm that should be destroyed, S&C are the one.

Expand full comment
Robert B. Hubbell's avatar

Tom, thanks for your background on S&C. Everything you say about the history of S&C is important to understanding the present moment. However, until this point, S&C has not turned against America. While its prior representations may have been odious and depraved, representing Trump strikes at the heart of our democracy.

Expand full comment
Jon Margolis's avatar

There we have it! Representing Trump is worse than being odious and depraved. True!

Expand full comment
Christina Kasica's avatar

opportunism and expediency, devoid of moral compass, can turn in any direction. Now it's turned on us.

Expand full comment
Jennifer Tomkins's avatar

Thank you TCinLA for that history lesson!

Expand full comment
MarshaS's avatar

People,check out his substack. Subscribe for the snark, stay for the facts.

Expand full comment
KATHERINE H. TERHUNE's avatar

“Subscribe for the snark, stay for the facts”… So true and love it. Thanks for this. I’m in awe of the collective knowledge, intelligence, skilled writing and diligence to provide us daily with such a variety of input… so many here on Substack. It’s daunting to keep up at times and yet so important because, informed, we have added strength to move forward with this resistance to rise up, and it seems to be finally happening… Just reading Tom Cleaver‘s comment, it summarizes a background I’m sure my brother would’ve known and I have vestiges of memories about the events But here we are, served on a silver platter, a roundup of knowledge that is relevant to what’s going on today. I find it phenomenal. I think Rob and Tom live somewhat close to one another and it’s fun to think of them meeting up at Starbucks now and then, am just imagining the conversation. Great minds, yes?

Expand full comment
MarshaS's avatar

Yes, great minds. There are several on substack that give indepth information. TheLawDork is good for close coverage of the courts which is where democracy battles are now. TC's writing is superb.

Expand full comment
Laurie's avatar

Seriously.

Expand full comment
Joe English's avatar

I imagine almost all major BIglaw companies each have had their share of unsavory characters. So I don't blame for past decisions, but Tom this one seems particularly unsavory. Thanks for the overview.

Expand full comment
Jon Margolis's avatar

As we used to say, "Up against the wall ...."

Expand full comment
Colleen McGloughlin's avatar

Don’t we still say that? 😆

Expand full comment
Beverly Elder's avatar

They still say it to us

Expand full comment
Colleen McGloughlin's avatar

Full disclosure: I didn’t know the etymology of the expression prior to the late 1960s. I hope I haven’t offended folks here.

Expand full comment
Mike Faber's avatar

Going even farther back, Sullivan & Cromwell played a prominent role in Panama’s secession from Colombia so that the consent of the Colombian government wasn’t necessary for a treaty with the U.S.

Expand full comment
Rantu Press's avatar

I applaud your accurate memory of the United states involvements central America during but. It's a disgusting and embarrassing sample what does country is hurting big business third world cookies over the will of the people worst example true capitalist thank you for your insights and knowledge that tarnish.

Expand full comment
bruce clement's avatar

so no surprise there

Expand full comment
Sam Urdank's avatar

Yes, I’d like to second Robert’s & J.Tomkins thanks for the background on S&C, scumbags all! It will be interesting to watch what if any exits out of S&C result from this choice.

Expand full comment
Sam Urdank's avatar

This topic has somehow reminded me of dialogue out of a movie where the character says “If anything in this life is certain, if history has taught us anything”..Then he goes on to speak to a specific course of action.

Expand full comment
Dan's avatar
Mar 10Edited

While reviewing a recent talk by Anne Applebaum, whose Atlantic article I recently posted, I noted two distinctions that I hadn't yet heard:

1) Opposition parties around the globe have tended to display a period of true confusion and disarray in the immediate aftermath of a coup-like takeover, or rapid decline in democratic sovereignty. So while it does not totally excuse the initial weak / disjointed response of U.S. Democrats in early weeks, it is also not without precedent. While we can and should request more urgent, unified opposition, recognize that there is no perfect historical formula to reconstitute such a serious rupture. At least some are already bringing the heat: e.g. Merkley, Green, AOC, Raskin, Sanders, Crockett, etc.

2) Musk's influence here is somewhat unique, in that it represents a certain archetype: like a Russian oligarch -- but not that he is necessarily tied explicitly to Russians (that is not the argument Applebaum nor I am raising here). Rather, it is that Musk not only has the wealth, but is actively engaged within U.S. government to an extent where he blurs the line between gvt influence and financial influence. Typically these are separated more clearly. It is sinister and kleptocratic, but as Robert Hubbell notes, Musk's reputation is also dropping precipitously. Apparently, behind the scenes there are actual yelling matches between Musk and cabinet members like Rubio and Duffy, whose departments are being ignorantly screwed over without their approval.

The item that has been lighting up my feed is the revocation of a green card, and the secreting away across state lines of a Columbia U. student for peaceful protest by ICE. All I know currently is Rubio later had to give a totally defenseless, public rationale for the revocation. There is no due process here and it is hard to believe this could ever be upheld in court. So it looks like a dare meant to scare other university administrations into submission. This regime is really on a rampage.

Expand full comment
Robert B. Hubbell's avatar

I will discuss this evening.

I hope that some attorney somewhere is preparing a petition for a writ of habeas corpus as we speak.

Expand full comment
William Whitman's avatar

Agreed, thank you. The courts must hold. We must hold.

Expand full comment
Jocelyn B's avatar

I read that Rubio & musk "had at it" in a cabinet meeting, and tffg, and that tffg actually took Rubio's side against the rat! wow. I don't even know how to feel about that.

Expand full comment
Annie D Stratton's avatar

Read where? I am not doubting this happened, but I do think that "I read" or "I heard" are not adequate evidence. Where did you read this, and who said that? The reason we need to pay attention to that sort of thing is to innoculate ourselves against misinformation and disinformation that undermines our ability to tell fact from fiction.

Expand full comment
Robert B. Hubbell's avatar

The clash was reported in a front-page article in the NYTimes--obviously leaked by Rubio partisans to make Rubio look good.

Expand full comment
Jocelyn B's avatar

Thanks, Robert.

Expand full comment
Ellie Kona's avatar

Okay, I give up. I'm an hour into an interesting talk by Anne Applebaum on 5/05/25 in Berlin, learned that she has dual citizenship with Poland, and the panel's recommendation for what do we do about the rise of authoritarianism in the U.S. is "Do something" a la Michelle Obama. Which talk were you referencing?

Expand full comment
Dan's avatar

Oh, she's done many. I don't know offhand. Yes, she's married to a Polish official. She remains a writer for The Atlantic and tied to the US also.

Most of her talks (that ask her) she'll respond not to give up on the US, it's a great, prosperous country, and that we should be nowhere near giving up currently (she foresaw this possibility for years due to living Eastern EU / Russia). She mentions usually that actual violence and loss of elections would be signs where it is going too far, and we are not close to either.

Expand full comment
Linda (Evanston IL)'s avatar

Robert and Jill have arrived home just in time for the budget "negotiations" this week, with March 14 being the deadline for passage of a budget. If you are contacting your Senators and Representatives in the House, here's a starting point:

"There is absolutely no need for a cabinet level department called DOGE. The 17 Inspectors General fired by Donald Trump should be reinstated. Musk dropped out of Stanford University after one week. He is uneducated and has no understanding of our Constitution or the need for a strong federal government. The Inspectors General have the education and professional experience required and have been successfully fulfilling their responsibilities for many years. "

There is also widespread support for Ukraine in both the Senate and House. So, you can say or write something like this: "I would like assurance that you and your colleagues in the Senate will not support a budget unless it includes full military support for Ukraine and a restoration of the intelligence satelite systems shut down by Elon Musk. Every Democrat in the Senate as well as those on the other side should vocally stand up in defense of Ukraine. "

There have been many crucial positions in government where employees have been terminated, including the FAA, the National Parks and Forestry Departments, FEMA, Social Security, IRS, just so many we all know about. Whether you are in a red state or a blue state, these positions are crucial. Has anyone developed "Fear of Flying" for example. What happens if there is a forest fire in a National Park? We are not going to get help from Canada or Mexico this time as we did for the LA Fires. We have many negotiating tools we can use in contacting our elected officials this week. I'm tired. I hope this makes sense.

Expand full comment
Beverly Falls's avatar

Appreciate your action items!

Let's remind Congress they work for US!

Expand full comment
Michael Alexander's avatar

Linda —

Not only does it make sense: it’s a terrific summary!

Expand full comment
Marlene Lerner-Bigley (CA)'s avatar

Well, CA certainly won’t get any help from the feds but perhaps Canada might pop in to assist us should be have devastating earthquakes or other calamities.

Expand full comment
Amy Fradon's avatar

Hi All and welcome home, Robert!

I have two friends who sold their beloved Teslas. In 2023 my husband and I forced my poor old mom to divest from her Tesla stock. It was at an all time high and she was broken-hearted as she loved Musk’s vision. She died last year so glad she had divested. Even before the election.

I feel like a broken record in wanting to hear more about our Friday day of Boycott. I know it got trampled by the Trump/Vance/Zelensky horror. And it was only one day. But to me, the main path forward to squeezing the life out of our oligarchs is to hobble them directly in the heart of their vision which is all about free market at any cost to wellbeing.

I boycotted that day. Completely. I cleaned the house, took a few walks, did my political work and sadly, listened to Trump be a torturous monster with complete confidence, certain that he could without consequence. I survived not shopping and I am now working hard to reduce my environmental footprint in all ways and my purchasing imprint, as well, so that it remains local as much as I can possibly manage. I so want to hear if others are inspired and if this idea of the power of OUR purses might take hold. Not just with Tesla but for everything in our lives. Be the change. I want to do this with all of you and with all my heart. We could really begin to starve this corrupt system and feed a whole new one by the way we shop.

Expand full comment
T Allen's avatar

Our efforts have definitely paid off! Many of us stocked up on household and food stuff in Dec and haven't shopped as much since. No traveling, only eating out at small local restaurants, etc. That's why the recent economic reports have the economic growth down almost 3% so far this quarter! Predictions are for at least a recession, stock market is down and Trump is flip-flopping daily because he doesn't want to listen to the experts but he's in trouble. We MUST keep this pressure up! The rest of the world is helping by boycotting but we are the ones who have to make it clear that we will not support companies that don't support DEI and we aren't buying from big corps until the billionaires figure out where all their money comes from! They are killing the golden goose (we the 99%). If we can restrain ourselves until Nov 2026, we can flip Congress and impeach the who lot of them and by 2028 be getting back to "normal". Keep up the good work!

Expand full comment
Christina Kasica's avatar

Economic boycotts and protest are good, important. But I fear that Trumpmusk actually wants to destroy the US economy. That will leave more rubble for him (them? I wonder what pronouns Trumpmusk prefers) to install private crypto. I don't think Trumpmusk wants a state that he/it/they can govern. They want to create a stateless corporation. The US economy just stands in the way of that.

Expand full comment
Riversong Pond's avatar

We’re definitely on board with boycotting the corporate behemoths, and frankly, since we don’t shop as a hobby, it’s not hard to do. But we will keep supporting our small, local businesses. They are the solution, not the problem.

Expand full comment
Damn's avatar

Economic protests are going to be the most effective means of hitting back at this regime. A friend of mine knows the owner of a number of national brand pizza franchises. She spoke with the owner about the effect of the recent Feb 28 boycott. He told her his sales were down 70%. That's pizza on a Friday night! Personally, I am participating in the economy to the least extent possible. There is a call for a nation-wide shutdown on March 15.

Expand full comment
Marlene Lerner-Bigley (CA)'s avatar

Amy doing the same, Amy. Boycotted and went to a rally against Tesla. It is very satisfying to do so. Took my dog with me.

Expand full comment
Linda (Evanston IL)'s avatar

Bernie is heading out west next. I donate to him on Act Blue recurring/monthly to help finance his travels and receive his email updates. At 83 years old Bernie has so much more energy than Schumer at age 74! Just amazing

Expand full comment
Annie D Stratton's avatar

Bernie has always been high energy. Schumer has always been laid back. People are different. I'm not sure this kind of comparison illuminates anything except our culture's tendency to equate energy with youth and youth with accomplishment.

Expand full comment
Christina Kasica's avatar

Schumer is so laid back I think he is dead. He might as well be dead for all the good he is doing. He is not doing any good.

Expand full comment
Stefan Schlüter's avatar

Bernie is a trooper and a beacon of light. Hasn't changed a bit. In 2016 I went to see him at an event in Oakland, I would have loved to vote for him if I had the right to vote.

Listen also to the speeches before Bernie comes on. Cindy Greening representing Chippewa Valley Indivisible: "On the day Trump was inaugurated, we had 28 members in our Indivisible group, today we have 394!"

Grassroots!

Expand full comment
Christina Kasica's avatar

i went to Prescott AZ this weekend. In the town center they were having a protest! This is red central country. Maybe 500+ people. They had hand-painted protest signs. It took me about two minutes to figure out what the protest was about because the hand-lettered signs were hard to read and had confusing messages. But I evenutally figured out from the Musk Must Go and the Stop the Coup versions that it was an anti-Trump rally! It may not seem like a big deal compared to the bigger protests noted below, but I am thrilled and amazed so many people in evil MAGA nuts Rep. Andy Biggs and Rep. Eli "One in the Chamber" Crane's districts are so active and motivated!

Expand full comment
Stefan Schlüter's avatar

Oops, sorry, Cyndi. You deserve to have your name spelled correctly.

Expand full comment
Kathy's avatar

Go Bernie !!!

I’ve been sharing this 1 min clip.💙 his style….”A LIE!”

https://www.youtube.com/watch?v=31HJWdXcnGA

Expand full comment
Pamsy's avatar

Huge overflow, and then overflow-overflow crowds! The pictures are exciting. 4000 people in Kenosha WI, and in the small town of Altoona, WI (population 9200), 2500 people showed up. When we need authenticity and passion more than ever, Bernie is the real deal and he’s firing people up.

Expand full comment
Linda (Evanston IL)'s avatar

10,500 in Warren Michael

Expand full comment
Linda (Evanston IL)'s avatar

I voted for him in our primary in 2016. He had an office just a few blocks from where I live.

Expand full comment
MarshaS's avatar

Yes, ❤️ Bernie. He has always been right.

Expand full comment
Marilyn's avatar

More than just associates and partners at Sullivan & Cromwell who disagree with the management's decision should make their voices heard. Law schools could refuse to allow them to conduct on-campus interviews. Law students could refuse to interview with them. And, finally, clients could run, not walk, to the Biglaw firms that are making the right choice “to stand up for the rule of law and are suing the administration for its illegal policies and actions.” Maybe it’s time to even write a postcard to thank a lawyer. ;)

Expand full comment
Marlene Lerner-Bigley (CA)'s avatar

Ivy League law schools could get rid of the Federal Society on campuses.

Expand full comment
Layne Gregory's avatar

Here is a letter my son and I sent out to our friends in Maine. I think this issue is not getting enough attention on Substack and in the general media...although it was reported on by Market

Place on NPR this morning.

Dear Friends and Family,

Over the past week and a half, Maine has found out what it means to become America’s tyranny test kitchen. First it was the unilateral cancellation of our state’s beloved and vital Sea Grant program, then the cancellation and abrupt restoration of contracts allowing babies born here to be registered for social security numbers in the hospital. The random terror we’re experiencing from Trump’s weaponization of the bureaucratic state to punish Governor Mills for standing up for Trans people, the rule of law and democracy has likely just begun. We need to fight back.

This week in Congress, our democracy will be facing one of the most important tests of these trying times. By the order of the President, House Republicans are attempting to jam through a long-term Continuing Resolution (CR) that would maintain government funding levels from last fiscal year but, importantly, provide no detailed instructions to the executive branch on how to spend those funds. On the surface this might sound good, but it would unquestionably become a complete disaster for our ailing nation, allowing Trump and his cabinet to unleash their agenda with no fiscal strings attached. If the long-term CR passes, it will be the loudest and last signal that Congress has completely ceded control of the “power of the purse” to MAGA.

We MUST stand up to this threat. If the House passes a long-term CR this week, Senator King and Senator Collins MUST NOT vote to adopt it, no matter what. The possibility of a partial government shutdown as a result of not passing the CR is real, but the consequences of Congress surrendering to Trump while he crashes the economy and surrenders to Putin are far more devastating. The democrats do not want to take the likely blame the Republicans will try to foist upon them for a government shutdown if one occurred, but giving Trump carte blanche with the budget is much much worse.

Please dedicate your time this week to calling our Senators and urging them to vote down a House-passed long-term Continuing Resolution no matter what. If you can, call their DC offices once a day this week. It will make a difference. King's number is 202 224-5344. Collins' number is 202 224-2523.

In solidarity, thank you.

Layne Gregory and Noah Oppenheim

Expand full comment
Beverly Falls's avatar

Here is our new rallying cry.

Chesterton Fences.

"Unless you know exactly what something does,

leave it alone."

DOGE is destroying vital services without ever asking WHY it was put up in the first place.

STOP (F)Elon.

STOP Project 2025.

IMPEACH 47 AGAIN!

https://www.facebook.com/share/r/1R33ogjaRe/

Expand full comment
Dave Conant - MO's avatar

Or just Dump Trump.

Expand full comment
Christina Kasica's avatar

Dump Trump is what we need to say. Even MAGA voters will understand that. And more and more agree with it daily. "Impeach 47 Again" will not be understood by your average person.

Expand full comment
Dave Conant - MO's avatar

Agreed. Simple and straightforward messaging is what will get this done.

Expand full comment
William Bennett's avatar

It isn’t the first time for Sullivan & Cromwell. In the 1930s, senior partner John Foster Dulles required their lawyers in Germany to sign letters with “Heil Hitler.” The firm has its traditions.

Expand full comment
Robert B. Hubbell's avatar

Hi William. Thanks for your note. For additional context, see:

https://historyheist.com/glossary/dulles-john-foster/#:~:text=As%20Kinzer%20noted%2C%20%E2%80%9CSince%201933%2C%20all%20letters%20written,of%20Hitler%E2%80%99s%20Germany.%20Dulles%20wept%20at%20the%20decision.

"By the mid-1930s, the partners of Sullivan and Cromwell decided they could no longer do business in Nazi Germany. As Kinzer noted, “Since 1933, all letters written from the German offices of Sullivan and Cromwell had ended, as required by German regulations, with the salutation Heil Hitler!” All but Dulles voted to pull out of Hitler’s Germany. Dulles wept at the decision.

Expand full comment
Marlene Lerner-Bigley (CA)'s avatar

Our history really does suck the life out of us.

Expand full comment
Lori R.'s avatar

The salutation story appears to be true from other sources but I am concerned about the site "historyheist.com". The site has strange references to the "Deep State" and a section on "Prep / Survival" among other things. I have not found a review of the site.

Expand full comment
William Bennett's avatar

Thank you!

Expand full comment
Friedrike Merck's avatar

Thank you for your unflagging work to keep us informed, connected, and grounded. Thank you.

Expand full comment
Jim Carmichael's avatar

Bravo, Robert! My father was a lawyer, too, and the one quality he valued above all others was honesty. He also used to joke that honesty was the road to poverty.

Expand full comment
Jennifer Berg's avatar

Why not let Sullivan & Cromwell know how you feel? It may not make a difference as we are not clients. But no harm. I just sent the following to sccontactus@sullcrom.com

To the Partners of Sullivan & Cromwell:

I write to you not only as a concerned citizen but as a fellow attorney who took a solemn oath to uphold the Constitution and our system of justice.

Your firm's apparent strategies challenging the legitimacy of our justice system deeply trouble me as someone bound by the same professional ethics that have guided your institution for generations. When we attack the foundations of judicial integrity rather than working within its framework, we risk violating the very oath we took upon admission to the bar.

Your reported repositioning as a "MAGA" law firm suggests prioritizing political alignment over constitutional principles. As attorneys, our first duty is to the law and justice system, not to political movements or figures.

This approach creates substantial risk for your corporate clients, who may face boycotts and shareholder actions. But more fundamentally, it erodes the constitutional framework we are professionally and ethically obligated to defend.

Our profession stands at a crossroads. As a prominent firm, your choices influence how the public perceives not just Sullivan & Cromwell, but the entire legal profession and its commitment to constitutional governance.

I urge you, as fellow officers of the court, to reconsider whether your current direction honors the oath we share.

In professional solidarity,

Expand full comment
Linda Shindler's avatar

There were 3 of us picketing the Tesla dealership in south KCMO last Friday. It was really cold and windy but we got lots of honks and waves. Since it's on State Line, we had Missourians and Kansans passing by. I'll be there again today. It was my first protest in my 76 years and I am still writing postcards for postcards@tonythedemocrat.org in support of the Judge Susan Crawford in WI campaign. We do what we can.

Expand full comment
Irwin's avatar

While visiting a friend in Houston we had the opportunity of visiting the Eternal Ghandi Museum. I these challenging times, I offer Ghandi's 7 Social Sins for your consideration:

Wealth without Work

Pleasure without Conscience

Science without Humanity

Knowledge without Character

Politics without Principle

Commerce without Morality

Worship without Sacrifice

I look forward to leadership arising from our ranks to confront the political scourge upon us.

Expand full comment
Robert Zavod's avatar

By all means continue to BOYCOTT TESLA, but resorting to illegal activities and violence is not the answer. If you own a Tesla, sell it if you can, garage it to avoid hateful stares, or junk it if you can afford to do so. Placing signs on Tesla owner’s bumpers or windshields is illegal. Tesla stock owners, sell it, and help bury this company owned by a poisonous, Nazi monster.

As far as S&C lawyers, QUIT and find employment with a reputable firm, unless you want a stigma attached to your name. Many firms will be proud to hire someone with enough character to quit this turncoat company.

Expand full comment
Robert B. Hubbell's avatar

Hi, Robert. I agree with your exhortation to remain peaceful. We can overcome through lawful protest. And, frankly, Tesla owners are innocent victims of Musk's emotional and mental breakdown after they purchased their vehicles.

Expand full comment
Annie D Stratton's avatar

Fully agree that all protests should be peaceful and thoughtful. I hadn't heard of any illegal or violent activity from verifiable sources, but there's a lot I don't know. But I can say that the only Teslas I've seen with anti-Tesla stickers were because the owners put them there themselves. That's not illegal. And some of them are pretty darn funny. I give them a thumbs up when they pass (some are my neighbors).

Expand full comment
Jon Margolis's avatar

Welcome home, Robert. I see that you and Jill resisted the urge to seek political asylum in a more civilized an law-abiding land.

Expand full comment
Robert B. Hubbell's avatar

I held my breath at Customs to see if they would let us back in . . .

Expand full comment
Jon Margolis's avatar

You have an absolute right to come back. Crandall v. Nevada and Wong Kim Ark. On the other hand, if they wouldn't let me back in from France, I might go back there to live...

Expand full comment