Bob Bauer writes that Kash Patel's libel lawsuits seem to run afoul of the DOJ’s Standards of Conduct. www.execfunctions.org/p/the-fbi-di...

Sarah Isgur: Trump’s harsh reactions toward the Supreme Court's tariff decision were a “gift to the Chief Justice." www.execfunctions.org/publish/post...

@jacklgoldsmith.bsky.social spoke with Sarah Isgur about her new book, Last Branch Standing. They explore the Supreme Court’s approach to executive power in the Trump era, which can be seen as both empowering and constraining the presidency in different ways. www.execfunctions.org/p/the-last-b...

Bob Bauer on potential reform to help protect against a DOJ that answers reliably to a president’s personal and political demands. www.execfunctions.org/p/dojs-bleak...

EF is hiring! We are seeking a paid full-time executive editor to start mid-July. www.execfunctions.org/p/executive-...

One month in, Epic Fury is the second most consequential unauthorized presidential uses of force in all of American history. It’s also a new nadir in the decline of Congress’s check on presidential war. Here's Bob Bauer and @jacklgoldsmith.bsky.social: www.execfunctions.org/p/the-second...

Bob Bauer on Robert Mueller's passing: Professionalism and integrity are no match for the forces of polarization. www.execfunctions.org/p/when-rober...

Bob Bauer on the perilous war over legal ethics in government and politics: On its current course, it cannot end well. www.execfunctions.org/p/the-perilo...

Bob Bauer proposes Congress pass a joint resolution stating its constitutional interpretation of presidential war powers—an approach that could challenge expansive executive war-making claims when a vote to stop the Iran conflict at this stage will fail: www.execfunctions.org/p/a-differen...

Homeland Security in a Time of War with Iran: My discussion with Biden Homeland Security Advisor Elizabeth Sherwood-Randall on how the U.S. government would normally prepare for domestic threats during periods of heightened risk. open.substack.com/pub/executiv...

Bob Bauer analyzes DOJ's about-face on defending Trump's law firm executive orders: "If it was possible to bring even more discredit to this attack on the legal profession, the administration managed to do it over a span of less than 24 hours." www.execfunctions.org/p/why-trump-...

It is a mistake to assume that Trump would eventually stand down in a conflict with the courts over the midterm elections, Bob Bauer writes. www.execfunctions.org/p/trumps-com...

My thoughts on the Tariff Decision and the President's angry reaction, which affirmed the remarkable power of the Court. open.substack.com/pub/executiv...

It is reassuring that a D.C. grand jury rejected the administration's attempt to indict six members of Congress. But, Bob Bauer argues, Trump’s targeting of lawmakers should prompt legal reform. www.execfunctions.org/p/the-bad-ne...

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...

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...

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...

"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...

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

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...

My quick take on the legality of the Venezuela invasion. open.substack.com/pub/executiv...

“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...

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-...

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

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...

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.