Executive Power
A Strange Defense of the Biden Moratorium Extension Mess
Jack Goldsmith Thu, Aug 19, 2021, 12:49 PM
A response to Neil Eggleston.
Latest in White House Counsel
Executive Power
The New Eviction Moratorium Didn't Result From a Screw-Up
Neil Eggleston Wed, Aug 18, 2021, 1:01 PM
A response to Jack Goldsmith.
White House Counsel
The White House Counsel and Trump’s Attack on the 2020 Election
Bob Bauer Wed, Dec 23, 2020, 1:28 PM
If the president is bent on exploring unconstitutional paths and deploying mendacious, grossly irresponsible rhetoric, it seems entirely inadequate for Cipollone to simply express his objections in private and hope for the best.
Executive Power
The Limits and Implications of the McGahn Case on White House Aide Immunity
Bob Bauer Wed, Dec 4, 2019, 8:06 AM
A decision with limited immediate consequences could have more impact over the long run in elevating the role of the president’s lawyers in future conflicts with Congress.
Impeachment
The Cipollone Letter: Trouble in the White House Counsel’s Office
Bob Bauer Fri, Oct 11, 2019, 1:24 PM
The aggressive letter from the White House counsel to Congress, announcing that the president will not cooperate with the impeachment inquiry, is further evidence of the deterioration of norms in the conduct of senior government positions.
norms
Rules and Norms in the Trump Presidency: The Risks and Rewards of ‘Playing It Straight’ on the Inside
Bob Bauer Thu, Sep 19, 2019, 4:52 PM
James Comey famously does things his own way, and the Department of Justice inspector general has not approved. Having criticized the former FBI director’s handling of the Clinton email investigation, the inspector general most recently upbraided him for his use of “sensitive investigative information” in sounding an alarm about Donald Trump.
White House Counsel
Document: White House Letter to Judiciary Committee Regarding Obstruction of Justice
Mikhaila Fogel Wed, May 15, 2019, 1:05 PM
White House Counsel Pat Cipollone has sent a letter to House Judiciary Committee Chairman Jerrold Nadler questioning the validity of the committee's investigation into, as the committee stated, "alleged obstruction of justice, public corruption, and other abuses of power by President Trump, his associates, and members of his Administration." Cipollone stated that the White House "[does] not believe the investigation ...
Congress
Executive Privilege and Compelled Testimony of Presidential Advisers: Don McGahn's Dilemma
Jonathan Shaub Fri, May 3, 2019, 10:04 AM
The release of the redacted Mueller report focused the spotlight squarely on former White House Counsel Don McGahn, whose testimony to the special counsel featured prominently in the report’s discussion of obstruction of justice. Indeed, the first questions to Attorney General William Barr from Sen.
L'Affaire Russe
Documents: House Request for Trump-Putin Meeting Information and White House Response
Mikhaila Fogel Thu, Mar 21, 2019, 2:56 PM
On March 4, the chairmen of the House committees on Intelligence, Foreign Affairs and Oversight and Reform sent a request to acting White House Chief of Staff Mick Mulvaney for information regarding a Washington Post report that President Trump sought to conceal notes of interpreters and linguists following meetings with Russian Presi
Executive Power
The National Emergency and the President’s Lawyers
Bob Bauer Sat, Feb 16, 2019, 1:27 PM
Congress and the courts will soon have the opportunity to respond to Donald Trump’s declaration that Congress’s failure to fund his wall at the level he demanded has resulted in a “national emergency” at the southern border. I and others have written about the weakness of the legal basis for this declaration.