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...

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...

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...

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...

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...

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.

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-...

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

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.

What do the "ethics of service" mean for Trump political appointees at the DOJ? In a new post, @jacklgoldsmith.bsky.social reflects on the question in light of recent events at the department.

President Trump has once again delayed the TikTok ban, extending non-enforcement into December. Back in June, @jacklgoldsmith.bsky.social warned that the administration's illegal refusal to enforce the law could set a dangerous precedent with “long and bad legs.”

Bob Bauer disagrees with Jack Goldsmith about the Federal Circuit decision on the Trump tariff program and argues that the court was correct to find that the Trump tariff program is illegal.

Bob Bauer argues that in construing the “cause” requirement for a Fed dismissal, the courts in the Lisa Cook case should consider the administration’s use of a “weaponization” strategy for developing the grounds for removal.

Read today's Executive Functions Roundup, featuring the Federal Circuit's decision on Trump's tariffs, a D.C. district court's grant of stay against the government's expansion of expedited removal, and the Trump administration's plan to rescind $4.9 billion in foreign aid via "pocket rescission."

Bob Bauer argues that President Trump's attacks on voting machines and mail-in voting, as well as the push for gerrymandered districts in Texas, sets up a partisan loyalty test for election officials around the country.

Read today's Executive Functions Roundup, featuring updates in District of Columbia v. Donald J. Trump, an appellate opinion vacating a preliminary injunction against the CFPB, and commentary by Jack Goldsmith on the Supreme Court's use of interim orders during Trump 2.0.

Read today's Executive Functions Roundup, featuring an order requiring ICE to supply sleeping mats to people detained in Lower Manhattan and commentary on the State Department's newly released report on human rights abroad.

Read today's Executive Functions Roundup, featuring the latest legal ruling on the suspension of USAID and commentary on the use of the military to supervise migrants detained at Guantanamo Bay.

Read today's Executive Functions roundup, featuring some news and commentary on President Trump's federalization of D.C. police and deployment of the D.C. National Guard.

Read today's Executive Functions Roundup, featuring a lawsuit challenging the constitutionality of the Immigration and Nationality Act, a DOJ motion to sanction an immigration attorney, and negotiations between the White House and one of America's largest public school systems.

Read today's Executive Functions Roundup, featuring a decision by the GAO, reporting on a forthcoming executive order pressuring big banks, and legal analysis on the so-called pocket rescission.

Read today’s Executive Functions Roundup, featuring certification of people seeking refugee status as a class, a judicial order demanding answers from "cagey" Trump officials, and a deal between the White House and another Ivy League school.

In case you want to hear me, rather than read me. And the aim was to speaker to a broader audience than lawyers who know 3345(a) v. 3345(b) of the Vacancies Act. We had to record twice, thanks to the chaotic, fast moving events.

@ajosephoconnell.bsky.social joined @jacklgoldsmith.bsky.social to break down the vacancies and appointments law relevant to the New Jersey U.S. attorney saga. open.substack.com/pub/executiv...

Read today's Executive Functions Roundup, featuring the legal puzzle underlying the selection of the New Jersey U.S. attorney, commentary from @ajosephoconnell.bsky.social on that situation, an assessment of the WH's ability to handle the Epstein matter from Bob Bauer, and more. tinyurl.com/y5wthcwn

Bob Bauer argued that core features of the Trump 2.0 presidency pose significant problems for the White House's scandal defense in the Epstein matter. executivefunctions.substack.com/p/the-epstei...

Bob Bauer contends that progressive arguments for disengagement from the Supreme Court do "not adequately account for the complexity of the Court’s response to the Trump era," particularly in its encounter with this administration’s “radical constitutionalism.” tinyurl.com/mst478kn

Read today's Executive Functions Roundup, featuring a district court order declaring unlawful Trump's firing of an FTC commissioner, commentary from @nicholasbednar.bsky.social, @tphillips.bsky.social, and @chrismirasola.bsky.social, and more. executivefunctions.substack.com/p/executive-...

Bob Bauer and @jacklgoldsmith.bsky.social discuss TikTok providers' decision not to comply with the ban of the app, their legal liability, and whether they bear compliance responsibilities even if they will never face enforcement of the law. open.substack.com/pub/executiv...

Bob Bauer argued that TikTok providers are evading or refusing to answer key questions about their noncompliance with the ban-or-divest statute. executivefunctions.substack.com/p/corporate-...

Read today's Executive Functions Roundup, featuring a TRO barring certain Trump admin immigration enforcement activities, commentary from @jacklgoldsmith.bsky.social and John Keller, and more. executivefunctions.substack.com/p/executive-...

@jacklgoldsmith.bsky.social thinks there may be a fundamental mistake at the core of the Supreme Court's universal injunctions opinion. executivefunctions.substack.com/p/a-legal-mi...

Read today's Executive Functions Roundup, featuring a government application for Supreme Court review of an order invalidating removals, Bob Bauer's assessment of the Paramount settlement, and more. executivefunctions.substack.com/p/executive-...

Bob Bauer argues that in Trump's escalating war on the press, he scored a significant success with his multi-million dollar Paramount settlement, and that given the failure of a media ethic of resistance to these lawsuits, law reform is necessary. executivefunctions.substack.com/p/trumps-big...

Read today's Executive Functions Roundup, featuring the Supreme Court's universal injunctions decision, commentary from @jacklgoldsmith.bsky.social, Samuel Bray, and @nbagley.bsky.social, and more. executivefunctions.substack.com/p/executive-...

Most are saying the Trump administration was the big winner of the Supreme Court's end-of-term universal injunctions ruling. @jacklgoldsmith.bsky.social thinks the biggest winner was the Court itself. executivefunctions.substack.com/p/the-clear-...

Read today's Executive Functions Roundup, featuring the referral of DOJ's standing order case against every district judge in Maryland, commentary from @benjaminwittes.lawfaremedia.org on the Emil Bove nomination, and more. executivefunctions.substack.com/p/executive-...

Bob Bauer and @jacklgoldsmith.bsky.social discussed their disagreement over the constitutionality of the United States’s attack on Iran and the current state of executive branch dominance in war powers. open.substack.com/pub/executiv...

Bob Bauer argued that while the Trump administration lawyers can come up with ready-made legal justifications for the Iran strikes, these cannot answer the constitutional problems with this use of force. executivefunctions.substack.com/p/law-and-pr...

You might think @jacklgoldsmith.bsky.social knows whether Trump's unilateral strikes against Iran were constitutional. But he says he doesn't know because he doesn't think "there is anything approaching a settled or clear normative framework for analysis." tinyurl.com/2abc982s

Read today's Executive Functions Roundup, featuring news on the U.S. attack in Iran, commentary from @sranderson.bsky.social on the relevant domestic and international law, and more. executivefunctions.substack.com/p/executive-...

Today, President Trump again extended the non-enforcement of the TikTok ban. @jacklgoldsmith.bsky.social argued that this non-enforcement is "blatantly unlawful" and has dangerous long-term implications. executivefunctions.substack.com/p/trumps-con...

Bob Bauer and @jacklgoldsmith.bsky.social 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. tinyurl.com/22s8hcea

Bob Bauer and @jacklgoldsmith.bsky.social discussed the district court's ruling on California's National Guard challenge and where they thought the court fell short and missed opportunities to clarify the president's constitutional and statutory authorities. open.substack.com/pub/executiv...

Read today's Executive Functions Roundup, featuring orders in California's case challenging the Trump admin's actions in LA and on Trump's tariffs, commentary from @chrismirasola.bsky.social, @lizagoitein.bsky.social, and Thomas Edsall, and more. executivefunctions.substack.com/p/executive-...

In light of California's lawsuit against the Trump administration, Bob Bauer and @jacklgoldsmith.bsky.social take a deeper dive into—and disagree about parts of—the evolving legal and political situation in Los Angeles. open.substack.com/pub/executiv...