In a bold statement that has reverberated throughout the legal community, Deputy Attorney General Todd Blanche openly cautioned white-collar lawyers against publicly criticizing the Trump administration's approach to enforcing white-collar crime. Speaking at a conference on the Foreign Corrupt Practices Act, Blanche did not mince words, directly addressing the legal professionals responsible for advising clients on compliance and defense.

“If folks in this room are going to be honest brokers when counseling clients, posting on LinkedIn or writing client alerts, the public narrative should match the private one. If you publicly claim we are not enforcing white-collar crime aggressively enough, but privately insist that your clients are the victims of overreach, we notice that inconsistency,” Blanche stated.

Such forthright commentary from the nation’s second-highest law enforcement official underscores a growing tension between the Department of Justice (DOJ) and members of the legal profession who are critical of its policies. This warning suggests a landscape where public dissent about government actions, particularly related to legal enforcement, might invite scrutiny or reprisal.

Blanche also criticized the perceived hypocrisy within the legal community: “It’s remarkable how some members of the white-collar bar seem to have an endless stream of clients who are each coincidentally victims of supposed overreach or weaponization, but still publicly draft client alerts suggesting that the department is not prioritizing white-collar cases.”

The context of these comments is critical. Under an executive order from President Trump, enforcement of the FCPA was significantly scaled back early in his second term, with revised DOJ guidelines now placing less burden on U.S. companies operating overseas. Such moves have sparked debate over the balance between fair law enforcement and the protection of national economic interests.

Blanche's remarks did not just focus on enforcement policies but also touched on broader implications for the rule of law. Last month, Blanche made headlines with his controversial comments about waging “war” on judges who oppose the administration, signaling an aggressive stance towards any perceived challenges to executive authority.

With these consecutive declarations, Blanche paints a picture of an administration that not only seeks to redefine its approach to law enforcement but also to reshape the discourse around it. For white-collar lawyers, the message seems clear: criticism of the administration is not only unwelcome but could be consequential.

In a legal environment where prosecutorial discretion holds significant sway over the outcomes for clients, the implications of Blanche’s warning are profound. Lawyers are now faced with the delicate task of navigating their roles as advocates and advisors, while weighing the potential risks of expressing dissenting views about government policy. This development marks a significant moment in the ongoing conversation about the separation of powers and the independence of the legal profession in the face of political pressure.