Austin Evers
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Articles by Austin Evers
DOJ and EEOC Escalate Enforcement Against Corporate DEI Programs
When President Trump signed his Executive Orders targeting Diversity, Equity, and Inclusion (DEI) practices in January 2025, organizations across the country began reassessing their diversity initiatives in anticipation of an aggressive enforcement posture. Early signals suggested that the administration might identify and publicly target “egregious” DEI practitioners, but such lists never materialized.
The False Claims Act: The Newest Tool in DOJ’s DEI Enforcement Toolkit
2025 marked a watershed moment for Diversity, Equity, and Inclusion (DEI) programs, with President Trump and his administration quickly committing to use federal authority to deter “illegal DEI” policies in the private sector. The reaction across the private sector was swift; many companies scaled back disclosures and policies. While formal federal action against the private sector has lagged, 2026 may very well be a year of increased enforcement.
President Trump Issues Executive Order to Centralize AI Policy and Challenge State Regulations
On December 11, 2025, President Trump signed an Executive Order (“EO”) titled “Ensuring a National Policy Framework for Artificial Intelligence.” The EO announces a plan to develop comprehensive federal AI regulation to supplant the growing patchwork of state-level AI laws and to use various federal tools to pressure states not to pass or enforce state AI laws in conflict with the Trump Administration’s policies.
Executive Order Targets “Politicized” Financial Services
On Thursday, August 7, 2025, President Trump issued a new Executive Order ( ), “Guaranteeing Fair Banking for All Americans,” that directs at least 10 federal financial regulators to root out so-called “politicized or unlawful debanking” practices across the financial sector. Additionally, the EO mandates those regulators identify and, if appropriate, punish companies that have engaged in politicized or unlawful financial services activities.
Unpacking the DOJ’s Latest DEI Memo: More Bark than Bite?
Ever since the President issued his executive order targeting Diversity, Equity, and Inclusion ( ) practices, there has been an intense effort to understand what, exactly, constitutes so-called “illegal DEI” in 2025. Congress has passed no new antidiscrimination laws, and no federal agency has issued binding regulations reinterpreting existing laws. But it is clear the administration intends to push the law in new directions.
Shapeshifting DEI Whistleblowers: What to Know and Expect in 2025
dei, SEC, U.S. Department of Justice (DOJ), Whistleblowers More from: Austin Evers, Elizabeth Bieber, Jennifer Loeb , Freshfields Elizabeth Bieber, Austin Evers, and Jennifer Loeb are Partners at Freshfields Bruckhaus Deringer LLP. This post is based on a Freshfields memorandum by Ms. Bieber, Mr. Evers, Ms. Loeb, Young Park, and Ginger Hervey. The landscape for Diversity, Equity, and Inclusion (DEI) in the United States has shifted dramatically in 2025.
The Harvard Law School Forum on Corporate Governance
dei, SEC, U.S. Department of Justice (DOJ), Whistleblowers More from: Austin Evers, Elizabeth Bieber, Jennifer Loeb , Freshfields Elizabeth Bieber, Austin Evers, and Jennifer Loeb are Partners at Freshfields Bruckhaus Deringer LLP. This post is based on a Freshfields memorandum by Ms. Bieber, Mr. Evers, Ms. Loeb, Young Park, and Ginger Hervey. The landscape for Diversity, Equity, and Inclusion (DEI) in the United States has shifted dramatically in 2025.
Shapeshifting DEI Whistleblowers: What to Know and Expect in 2025
The landscape for Diversity, Equity, and Inclusion (DEI) in the United States has shifted dramatically in 2025. What was once viewed as a cornerstone of corporate social responsibility is now a flashpoint for legal scrutiny, political backlash, and reputational risk. At the center of this transformation is an increasingly empowered and incentivized figure: the whistleblower. A New Enforcement Era Countering DEI has become a top priority for the current administration in Washington.
Shapeshifting DEI Whistleblowers: What to Know and Expect in 2025
The landscape for Diversity, Equity, and Inclusion (DEI) in the United States has shifted dramatically in 2025. What was once viewed as a cornerstone of corporate social responsibility is now a flashpoint for legal scrutiny, political backlash, and reputational risk. At the center of this transformation is an increasingly empowered and incentivized figure: the whistleblower. A New Enforcement Era Countering DEI has become a top priority for the current administration in Washington.
DOJ Civil Division Prioritizes Illegal DEI
Combatting “illegal” Diversity, Equity and Inclusion (DEI) remains a “Day One” priority in Washington. President Trump issued executive orders on DEI on his first day in office. Attorney General Bondi likewise issued her own memos on her first day at the Department of Justice. And now, the new head of the Department of Justice’s Civil Division has followed suit and issued his own memo on his first day, marking DEI-related topics as two of the Division’s top five priorities.
DOJ Civil Division Prioritizes Illegal DEI
Combatting “illegal” Diversity, Equity and Inclusion (DEI) remains a “Day One” priority in Washington. President Trump issued executive orders on DEI on his first day in office. Attorney General Bondi likewise issued her own memos on her first day at the Department of Justice. And now, the new head of the Department of Justice’s Civil Division has followed suit and issued his own memo on his first day, marking DEI-related topics as two of the Division’s top five priorities.
AI on the Hill
With tariffs, tax cuts, and court battles center stage in Washington, DC, it’s easy to lose sight of policy debates that capture less attention but will have profound effects. Artificial Intelligence (AI) developments are a case in point. After President Trump’s AI executive order pulled back Biden-era frameworks, companies are left wondering what to expect. Capitol Hill offers some clues. In this post, we highlight what you need to know about the common ground and fissures emerging.
AI on the Hill
With tariffs, tax cuts, and court battles center stage in Washington, DC, it’s easy to lose sight of policy debates that capture less attention but will have profound effects. Artificial Intelligence (AI) developments are a case in point. After President Trump’s AI executive order pulled back Biden-era frameworks, companies are left wondering what to expect. Capitol Hill offers some clues. In this post, we highlight what you need to know about the common ground and fissures emerging.
Does the Ames “Reverse Discrimination” Case Signal What’s to Come for “Illegal DEI”?
The Big-Picture: Perfect Timing at the Supreme Court The Supreme Court heard arguments on Wednesday, February 25, in the case of Marlean Ames, a straight woman from Ohio who alleged discrimination on the basis of her sexual orientation under Title VII of the Civil Rights Act after her employer allegedly denied her a promotion, while promoting a purportedly lesser qualified gay coworker, and also demoted her, again replacing her with a purportedly lesser qualified gay coworker.
Does the Ames “Reverse Discrimination” Case Signal What’s to Come for “Illegal DEI”?
The Big-Picture: Perfect Timing at the Supreme Court The Supreme Court heard arguments on Wednesday, February 25, in the case of Marlean Ames, a straight woman from Ohio who alleged discrimination on the basis of her sexual orientation under Title VII of the Civil Rights Act after her employer allegedly denied her a promotion, while promoting a purportedly lesser qualified gay coworker, and also demoted her, again replacing her with a purportedly lesser qualified gay coworker.
State Attorneys General Enter the DEI Fray
In the wake of President Trump’s sweeping executive orders targeting diversity, equity, and inclusion (DEI) initiatives and the Department of Justice’s (DOJ) aggressive stance on DEI enforcement, the landscape for DEI is rapidly changing in 2025. While most attention has been focused on those executive orders and memos, state attorneys general (state AGs) are now emerging as major players against DEI.
State Attorneys General Enter the DEI Fray
In the wake of President Trump’s sweeping executive orders targeting diversity, equity, and inclusion (DEI) initiatives and the Department of Justice’s (DOJ) aggressive stance on DEI enforcement, the landscape for DEI is rapidly changing in 2025. While most attention has been focused on those executive orders and memos, state attorneys general (state AGs) are now emerging as major players against DEI.
Preparing for Political Risk in 2025: Contempt, Coordination, and Congressional Investigations in 2025
The second Trump administration begins with Republicans controlling both chambers of Congress and a conservative Supreme Court majority. While attention is focused on what single-party control means for executive branch enforcement and policy, it’s important to remember congressional investigative powers. This year, those resources are likely to shift toward the private sector.
DEI “Fraud” - DOJ’s New “Civil Rights Fraud Initiative”
From Title VII of the Civil Rights Act, to the Age Discrimination in Employment Act, to the Americans with Disabilities Act, and beyond, the list of antidiscrimination laws of the United States is well known. But in 2025, companies now need to be alert to a new tool in the civil rights arsenal: the False Claims Act (FCA).
Cyber Ninjas, flouting court order, refuse to turn over public records to the Senate
Cyber Ninjas won’t hand over all of the documents that Senate President Karen Fann requested from the review it conducted of the 2020 election in Maricopa County, despite an order by the Arizona Court of Appeals that all such records be made public.
Arizona Supreme Court declines Fann’s appeal
Communications between subcontractors, invoices and a host of other records related to the state Senate’s self-styled audit of the 2020 election in Maricopa County must be released as public records after the Arizona Supreme Court declined to hear Senate President Karen Fann’s appeal of an appellate court ruling.
The Arizona Senate’s disdain for transparency is another reason to mistrust its ‘audit’
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The Arizona Senate’s disdain for transparency is another reason to mistrust its ‘audit’
“The most transparent election audit in American history” — or so it was dubbed by the biased contractors running it — is fighting tooth and nail to keep its records hidden from the public. Right now, the Arizona Senate is gearing up to release the findings of its so-called audit of Maricopa County’s 2020 election. Based on the actions of the Senate and its contractors, Arizonans already have ample reason to dismiss the results.
Many Corporations Have A Short-Term Memory When It Comes To The Trump Administration
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. In the wake of the violent attack on the U.S. Capitol, many companies vowed publicly to stop supporting members of Congress who voted to overturn the election and sowed doubt about the legitimacy of the results in the minds of millions of Americans without providing a shred of evidence.
Recap of Recent Articles on Just Security (May 22-28)
Just Security is based at the Reiss Center on Law and Security at New York University School of Law.
Asylum and the Three Little Words that Can Spell Life or Death
by Stephen Legomsky and Karen Musalo May 28, 2021 Countless asylum seekers have been sent to their deaths, and many more returned to egregious harms – not just because of the now-familiar border closures and Trump’s equally atrocious Remain in Mexico policy – but because of the willfully distorted interpretation of three words in the refugee definition. Those words are “particular social group” (“PSG”).
The IDF Attack on Al Jalaa Tower: Criticisms Are Correct on the Law, But Mistaken in Applying It
I read with interest Professor Adil Haque’s legal analysis of the widely criticized attack by the Israel Defense Forces (IDF) on Al Jalaa tower. As is the case with all scholarly discourse from Prof. Haque I have read, I value his informed perspective. However, on this occasion I respectfully disagree both with the analysis and the conclusions he presents on these pages.
Early Edition: May 28, 2021
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news.
Why Fighting White Supremacy Is Important for America’s Role in World
by Simon Clark and James Lamond May 26, 2021 Politics, both domestic and international, have certainly changed over the last few years. It’s almost impossible to enter a discussion or read a report on current trends in foreign policy and national security without two points being raised: one that domestic extremist violence is now considered the top terrorist threat to the U.S. homeland, and two, that the world is entering a new era of great power competition.
Torture Evidence and the Guantanamo Military Commissions
“Torture evidence” can mean two things: evidence about torture, and evidence obtained through torture. In a decent legal system, the first kind is admissible and the second decidedly is not. Then are the Guantánamo Military Commissions.
Early Edition: May 26, 2021
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news.
The Passionate Intensity of Ammon Bundy and the People’s Rights Movement
“You work for us!” was heard as a crowd of extremists, angry at their government, broke glass as they stormed the Capitol building. While this sounds like a scene from Jan. 6 in Washington, D.C., it actually took place in Idaho last summer. It wasn’t about an election or Donald Trump, but measures the state’s Republican governor put in place to stop the spread of the COVID-19 pandemic.
Early Edition: May 25, 2021
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news. BELARUS European leaders yesterday agreed to impose tougher sanctions on Belarus and to bar E.U. airlines from flying over the country’s airspace, or using their airports, after a passenger plane was forced to land by a MiG-29 fighter jet sent by Belarusian authorities, arresting opposition journalist Roman Protasevich onboard.
It's Time for Congress to Push Companies to Come Forward on Hacks
by Lindsay Gorman and Amber Frankland May 25, 2021 Russia and China have the United States reeling from two devastating cyberattacks in under six months.
The Eroding Norms Against Chemical Weapons Use Will Need More Than Another Syria Censure to Survive
The international community is ratcheting up efforts to hold the Syrian government accountable for violating international law by its use of chemical weapons, a particularly gruesome and indiscriminate type of warfare. In April, an overwhelming majority of signatories to the Chemical Weapons Convention (CWC) voted to suspend Syria’s rights and privileges under the treaty.
The Next Best Option if a January 6 Commission Fails
In a bipartisan vote last week, the House passed legislation to create an independent national commission to investigate the January 6 attack on the U.S. Capitol. A 9/11-style commission is the best option for uncovering the truth about the attacks and its multiple causes, and for recommending ways to protect us in the future.
Perspective | Congress proved it can’t handle the Jan. 6 mess. The right commission could.
Congress finally heard from key Cabinet-level witnesses this week concerning the assault on the United States Capitol on Jan. 6. While the hearing shed light on events related to the attack, it also showed, once again, weaknesses in having Congress lead such an important public inquiry. Republicans on the House Oversight and Reform Committee demonstrated that many in the party are more interested in advancing falsehoods about the 2020 election and Jan. 6 than they are about getting to the truth. Rep.
Investigating Jan. 6 - Key Unanswered Questions for Congress and Media to Ask
On Wednesday, the House Committee on Oversight and Reform will hold a hearing to examine the events of Jan. 6 chaired by Rep. Carolyn Maloney (D-N.Y.).
Why President Biden Should Not Declare a Climate Emergency
by Soren Dayton and Kristy Parker February 10, 2021 When former President Trump declared a national emergency at the Southern border, completing an end-run around Congress to find money for his promised border wall, congressional Democrats correctly decried it — and sued him over it. But even many of the Republicans who did not oppose Trump’s usurpation of Congress’s authority could foresee the implications of his power-grab.
Accountability Archives - Just Security
Just Security is based at the Reiss Center on Law and Security at New York University School of Law.
The Promises of FOIA in 2021: A Ready Pathway to Accountability
For all that we know about the Trump administration’s misdeeds, a tremendous amount of information remains obscured. The reasons are manifold — from unprecedented obstruction and deceit to historically poor compliance with transparency laws. As we start 2021, there has been lively debate about how the incoming Biden administration should approach investigations into President Donald Trump and his administration.
CIA Is Losing Its Best and Brightest and Not Just Because of Trump
If you ask CIA senior leaders if they have a retention problem, they will likely point to perennial low attrition rates—as Chief Operating Officer Andy Makridis told me in his office last year. He did acknowledge, however, that what those stats won’t tell you is who is walking out the door. CIA has lost much of the post-9/11 generation of intelligence officers who played key roles in some our nation’s greatest national security successes over the past two decades.
Exclusive: Obstruction At All Costs: The State Department’s Petty Document Fight with Congress
The anti-constitutional spirit of the Trump administration is on full display in one of the pettiest congressional oversight fights in years, if not ever. In May, the Democratic-led House Foreign Affairs Committee asked the State Department for something very simple: copies of any documents the Department turned over to the Senate regarding two GOP-controlled Senate committees’ investigations of former Vice President Joe Biden, his son Hunter, and Ukraine.
COVID-19 and International Law: Must China Compensate Countries for the Damage?
The COVID-19 pandemic is wreaking human, economic, and social damage around the world. The scale of the damage has prompted arguments that China bears international legal responsibility for the pandemic and should compensate countries harmed by the outbreak. Lewis Libby and Logan A.
Did the Trump Administration Abuse the Redactions Process?
With the Trump administration waging a total blockade on producing documents to Congress, the Freedom of Information Act (FOIA) has become the only vehicle available to force the release of records related to the Ukraine scandal. For those interested in transparency and accountability, this is an important safety valve. However, as documents exposed by Just Security last week demonstrate, the administration still has plenty of opportunities to obstruct.
What Congress can't get, the people can: Trump documents are damning and there are more to come
Throughout the impeachment hearings, members of Congress have decried that the Trump administration has not turned over a “single document” in response to the inquiry. The administration’s stonewall has been impenetrable. Or at least it was until Nov. 22 when, thanks to a federal district court order, the State Department was forced to release documents — not to Congress, but to the public under the Freedom of Information Act.
Corruption and voter suppression leave a paper trail
Evers is executive director American Oversight, an ethics watchdog focused on the Trump administration. Americans are confronted each day with corruption. It blares from the Trump administration and many state governments. Public evidence alone helps explain why Americans feel that the system is rigged and that corporate and shadowy interests write policy to entrench their power at the expense of regular people.
Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction
Secretary of State Mike Pompeo sent a blistering letter on Tuesday, telling the House of Representatives that he intended to block State Department employees from cooperating with the House’s impeachment inquiry because the House, in his view, was being overly aggressive in its investigative approach.
The Lawfare Podcast: Austin Evers and Mike Stern on Congressional Oversight
Published by The Lawfare Institute in Cooperation With President Trump has declared that he will fight “all the subpoenas” coming from Congress and has claimed “absolute immunity” for White House advisors. In doing so, he has brought the issue of congressional oversight of the executive branch to the front pages.
Securing Transparency and Salvaging Integrity in the Age of Trump
Time is running out to protect special counsel Robert Mueller’s investigation before it’s too late. According to acting Attorney General Matthew Whitaker, Mueller’s report could be imminent. And according to Whitaker’s likely replacement, Attorney General nominee Bill Barr, it’s no guarantee that the report will be authorized for release.
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