Executive Functions Chat

Jack talks with Columbia Law professor David Pozen about Pozen's recent Boston Review essay with Jedediah Britton-Purdy, “What Are We Living Through?” They discuss three competing ways of understanding the Trump administration—authoritarian rupture, continuity with long-running dysfunction, and a transition to a new constitutional regime. The conversation explores whether all three can be true, wh...

Bob and Jack discuss recent reports of internal rifts at the Department of Justice, the loyalty pressures shaping the Trump administration, and whether constitutional reform is needed to curb the spiral of politicized prosecutions. Mentioned: The Imperial Presidency by Arthur M. Schlesinger Jr “Part Enabler, Part Bluffer: The Bind of the Justice Department’s No. 2” by Glenn Thrush and Alan Feuer (...

Bob and Jack discuss (and disagree about) the Oregon National Guard ruling, the deference owed to the president, the relevance of the president’s Truth Social comments, and the ultimate limits on the president’s power to use the military in the domestic sphere. Get full access to Executive Functions at www.execfunctions.org/subscribe

Bob and Jack discuss the Trump administration’s indictment of former FBI Director James Comey, the lawfulness of the Lindsey Halligan appointment as interim U.S. Attorney, the implications of Trump’s full takeover and weaponization of DOJ, and how to think about reform in this context. Get full access to Executive Functions at www.execfunctions.org/subscribe

Keith Whittington, David Boies Professor of Law at Yale Law School and author of The Political Foundations of Judicial Supremacy , joins Jack Goldsmith for a conversation about reconstructive presidents (Jefferson, Jackson, Lincoln, and FDR), and whether Donald Trump fits that mold. They discuss Trump’s constitutional ambitions, judicial supremacy versus departmentalism, and whether Trump will def...

Bob and Jack discuss the performance of White House Counsel David Warrington and examine last week’s lethal strike on alleged Venezuelan terrorists—including its possible implications for domestic presidential military strikes. Consider becoming a free or paid subscriber to Executive Functions . This is an edited transcript of an episode of “Executive Functions Chat.” You can listen to the full co...

Jack Goldsmith is joined by Professor Aditya Bamzai of the University of Virginia Law School. They discuss the president’s constitutional removal power, whether the president satisfied the statutory “for cause” standard in firing Cook, why that issue is hard, whether Cook’s pre-Fed actions are relevant, whether Cook gets notice and a hearing before firing, and whether a reinstatement remedy is ava...

In this episode we review the Epstein scandal and discuss Deputy Attorney General Todd Blanche’s conflict-of-interest problems, the White House challenge, and the looming role of Congress. Consider becoming a free or paid subscriber to Executive Functions . This is an edited transcript of an episode of “Executive Functions Chat.” You can listen to the full conversation by following or subscribing...

President Trump yesterday evening withdrew the nomination of Alina Habba for U.S. attorney for the District of New Jersey so that Attorney General Pam Bondi could appoint Habba as the “first assistant” in the U.S. attorney’s office—with the aim of positioning Habba to serve as U.S. attorney in an acting capacity. This came after DOJ, purportedly pursuant to the president’s authority, fired the off...

We discuss the response of TikTok providers to the administration’s non-enforcement pledges—including the companies’ legal liability and whether their responsibility to comply with the law runs past potential liability. Read Bob’s piece from yesterday about the providers’ conduct here . And check out Jack’s assessments of the legal basis for the non-enforcement of the statute here and here . Get f...

We discuss the Supreme Court’s Tuesday stay of the district court order blocking implementation of the reductions-in-force executive order. Jack thinks the Court got it right. Bob is skeptical. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We break down the opinions in Trump v. Casa —including the majority opinion’s statements on Solicitor General John Sauer’s concession to the bindingness of the Court’s judgments and opinions on the executive branch, the narrow scope of the majority, the opposing conceptions of the Court’s role in the majority and in Justice Jackson’s dissent, and how challenges to birthright citizenship are likely...

Jack argued early this week that it’s impossible to know whether the U.S. attack against Iran was constitutional “because the constitutional law of war powers is inscrutable.” Bob responded to Jack’s post , contending that although executive branch legal opinions provide support for the attack, that doesn’t resolve the constitutional problem. On this episode, we disagree about the constitutionalit...

We discuss the law relevant to U.S. engagement in the conflict between Israel and Iran, fledgling congressional resistance to unilateral action in the region, and how public opinion might affect the administration’s decisionmaking. Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss Judge Breyer’s ruling yesterday evening on California’s challenge to Trump’s federalizing of the National Guard, how the decision might have set forth helpful parameters defining the president’s constitutional authority in this context, and how much the administration’s out-of-court statements influence the opinions flowing from the courts. Get full access to Executive Functions at www....

We discuss California’s complaint challenging the Trump administration’s actions in Los Angeles, take a closer look at the president’s authorities and legal strategy, and conclude by considering the politics underlying it all. Timestamps: 0:00-11:30: The substance of California’s complaint 11:31-18:28: The aims of the complaint 18:29-30:35: The president’s relevant statutory and constitutional aut...

We discuss the president’s memorandum mobilizing National Guard troops in response to protests against federal immigration enforcement in Los Angeles. We break down the authorities Trump is relying on, how much it matters that Trump has not yet invoked the Insurrection Act, and more. After we recorded, California Governor Gavin Newsom said that the state will sue the Trump administration over Trum...

President Trump lashed out at the Federalist Society and Leonard Leo last week. We discuss what is behind the attack, how the administration may try to reshape the judiciary, and how Congress could get involved. Get full access to Executive Functions at www.execfunctions.org/subscribe

The Supreme Court issued a consequential decision yesterday staying two district court rulings that had blocked President Trump from firing board members of executive agencies. We discuss the decision, what it means for Humphrey’s Executor , and other potential short- and long-term consequences. Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss the oral argument in the birthright citizenship case and dive into Jack’s post analyzing Solicitor General Sauer’s concessions that the Supreme Court has the authority to issue “binding precedent nationwide.” Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss Jack’s post on the administration’s habeas trial balloons, the legal issues and possible strategic aims underlying the comments, and how it all fits into the administration’s larger program of attack on the courts. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss reports of extensive corrupt conduct in the administration, the innovations that facilitated the corruption, the reasons for the muted public reaction, what might generate a stronger reaction, reform possibilities, and more. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss an op-ed Jack published in the New York Times this morning in which he argued that much of the aggressive action Trump 2.0 is taking stems from similar, but less extreme, actions in prior presidencies. He contended that the Supreme Court and Congress have some capacity to limit the dangers of “presidencies run amok,” but that a constitutional amendment might be necessary to impose suffi...

We discuss the ongoing conflict between the Trump administration and Harvard in light of the Trump Organization’s firing today of ethics adviser William Burck. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss the Supreme Court’s Saturday Alien Enemies Act ruling, a district court ruling in a Consumer Financial Protection Bureau case, and whether the administration is starting to experience negative consequences from its attacks on courts. * See Jack’s piece from yesterday assessing, among other things, what the Supreme Court’s order reveals about the Solicitor General’s Office in Trump 2.0....