Executive Functions

The Federal Court Snapback The judiciary, including the Supreme Court, is standing up to the president

My take, building on arguments by James Comey, on the extraordinary degree to which federal courts, including the Supreme Court, have successfully checked the Trump administration in the last year.

open.substack.com/pub/executiv...

Yet Another Sign that the Trump Administration is Laying the Groundwork for Election Intervention? DOJ may be retreating from long-standing internal constraints on federal government intervention in elections.

Bob Bauer on how a now-missing DOJ manual may signal the administration's retreat from long-standing internal constraints on federal government intervention in elections: www.execfunctions.org/p/yet-anothe...

Yet Another Sign that the Trump Administration is Laying the Groundwork for Election Intervention? DOJ may be retreating from long-standing internal constraints on federal government intervention in elections.

Bob Bauer on how a now-missing DOJ manual may signal the administration's retreat from long-standing internal constraints on federal government intervention in elections: www.execfunctions.org/p/yet-anothe...

Is the Administration Prepared to Deploy ICE to Police This Fall’s Elections? There are good reasons for the question, and Congress should press now for the answer

"This is the right time to press the administration for its answers, on the record, about potential uses of ICE in this election year." Bob Bauer: www.execfunctions.org/p/is-the-adm...

How Donald Trump Can Continue to Make Billions in Office He rightly judges the political costs to be manageable, but this could change.

Bob Bauer: How Donald Trump Can Continue to Make Billions in Office www.execfunctions.org/p/how-donald...

Does It Matter That the Administration Prepared a Legal Opinion on Venezuela? Likely not—but it should be released, along with answers about process

Bob Bauer: Does It Matter That the Administration Prepared a Legal Opinion on Venezuela? www.execfunctions.org/p/does-it-ma...

"Law is the language through which we criticize presidential uses of war powers."🔗 www.execfunctions.org/p/law-and-th...

On the Legality of the Venezuela Invasion Executive branch precedents can be garnered to support the action—which does not, of course, mean that it is lawful.

My quick take on the legality of the Venezuela invasion.

open.substack.com/pub/executiv...

Trump's Impact on Executive Power, Eleven Months In Our assessment on Executive Functions' First Anniversary

“Trump has definitely changed the presidency and the country. But not yet as much as it seems to many.” — Bob Bauer and
@jacklgoldsmith.bsky.social: open.substack.com/pub/executiv...

Catching Up, Keeping Track Pardons, Transparency Struggles and Law Firm Extortion.

Today's chat: Jack and Bob discuss the latest developments across three ongoing issues in Trump’s second term: pardons, transparency disputes, and the the administration's campaign against major law firms.
www.execfunctions.org/p/catching-u...

My discussion with Alan Rozenshtein on Executive Power in the Age of Artificial Intelligence: Bureaucracy and the presidential "oracle"
www.execfunctions.org/p/executive-...

Executive Functions Is Hiring! Spring and summer interns

We are seeking part-time spring and summer interns to assist with editorial, research, and production tasks.
www.execfunctions.org/p/executive-...

The Boat Strike Presidency Trump’s model of the presidency both explains his boat strike troubles and how he will deal with them.

Bob Bauer writes that Trump's model of the presidency both explains his boat strike troubles and how he will deal with them. Read "The Boat Strike Presidency" here: www.execfunctions.org/p/the-boat-s...

A Dishonorable Strike: Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder,
@jacklgoldsmith.bsky.social writes. www.execfunctions.org/p/a-dishonor...

After a Strategic Retreat, Trump Has Many Moves Left to Prevent Release of the Epstein Records After the House vote, he can resume playing hardball—and the preservation of the records during this fight is a real question.

Trump’s reversal on the House Epstein records vote does not foreclose other avenues he can use to limit or delay disclosure, and the preservation of records remains an open question. Bob Bauer explains: www.execfunctions.org/p/after-a-st...

The Stakes in the Supreme Court Mail Ballot Case It is a weak case, but it is best seen as part of a larger strategic effort to change how election rules are made.

Bob Bauer: The mail-in ballot case now before the Supreme Court is weak on the merits—but part of a broader push to change how federal election rules are made. www.execfunctions.org/p/the-stakes...

What are we living through? David Pozen joined @jacklgoldsmith.bsky.social to discuss Pozen's recent Boston Review essay with Jedediah Britton-Purdy exploring three competing narratives of Trump 2.0. www.execfunctions.org/p/what-are-w...

The New Phase in President Trump’s Midterm Maneuvers Pressuring Senate Republicans to clear the way for a law the House GOP is preparing to change voting rules

Bob Bauer on President Trump's calls to "terminate the filibuster" in the immediate aftermath of this year's elections.
www.execfunctions.org/p/the-new-ph...

In case you missed it yesterday — Jack Goldsmith writes on the significance of the classified OLC opinion for the Trump administration's boat strikes in the Caribbean: execfunctions.org/p/the-venezu...

The Constitutional Significance of the Santos Clemency The threat to Congress’s checking function by a politicized justice system—and the need for reform.

Today, Bob Bauer argues that Trump’s commutation of George Santos’s sentence shows how clemency has become a political tool—and why reform to check its abuse is increasingly urgent. tinyurl.com/santos-cleme...

"This is not a tenable situation." Bob Bauer and Jack Goldsmith on why, in this political moment, constitutional reform has to be on the table. www.execfunctions.org/p/decision-m...

The Weaponization of the IRS The law and norms protecting against abuse of IRS power come under attack—even as one court calls attention to the dangers.

Bob Bauer on the Trump administration's reported push to overhaul the IRS — and how a recent federal court decision underscores the dangers of entangling tax regulation with politics. www.execfunctions.org/p/the-weapon...

Read it here: t.co/PrPtTYc2g2

Bob Bauer gives his take on the Oregon National Guard case, arguing that President Trump's false claims about the situation in Portland matter a great deal in evaluating the legal basis for a military deployment in Portland—and in other cities.

President Trump Holds the Legal Cards on the Use of the Military in the Domestic Sphere The protective power for the regular military, and the Insurrection Act, lie in the wings

Today: @jacklgoldsmith.bsky.social discusses why he thinks the Oregon National Guard decision presented a close case and warns that regardless of what one thinks of the ruling, Trump has more powerful legal authorities waiting in the wings. www.execfunctions.org/p/president-...

Bob Bauer and @jacklgoldsmith.bsky.social discuss the Comey indictment, covering the lawfulness of Halligan's appointment as interim U.S. Attorney and the implications of Trump’s weaponization of DOJ. 🔗 www.execfunctions.org/p/the-comey-...

The Comey Indictment and its Aftermath New strategies are needed to defend against the systematic politicization of federal law enforcement.

Read the full post here: executivefunctions.substack.com/p/the-comey-...

After the Comey indictment, Bob Bauer outlines the “all systems” approach needed to defend against the systematic politicization of federal law enforcement.

Presidential Pretext and the Supreme Court How much will the actual reasons for the Cook firing matter?

Read the full analysis here: executivefunctions.substack.com/p/presidenti...

Will the Supreme Court look past pretext in Trump’s firing of Fed Governor Lisa Cook—or accept the government’s stated “cause” at face value? Bob Bauer explores the stakes today.