White House Counsel
10 Articles
The Just Security Podcast: The Department of Justice Then and Now (NYU Law Forum)
Former White House and DOJ officials assess how he division between the President and the Justice Department has changed.
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.
Law Day and the Need for Virtue in Government Lawyering
"This Law Day demands that we also pay attention to a very different set of actions by lawyers within the Trump period."
Congress Needs a “Rocket Docket” for Its Disputes With the President
A rocket docket could have prevented many of the abuses seen during the Trump administration, would reduce the likelihood of future abuses, and will enhance Congress’ ability…
Two Major Distortions in the White House’s Scorched Earth Letter to Congress
White House Counsel Cipollone's letter to Congress is a profoundly troubling document with a political purpose: stonewalling Congress while trying to muddy the waters with pretextual…
Annie Donaldson is Not the President’s “Alter Ego”
It could almost be a bar exam question. Under the Executive Branch theory that the president’s senior aides are “absolutely immune” from appearing before Congress, which…
The Three-Level Game in the White House Effort to Block McGahn’s Testimony
"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
McGahn’s Chief of Staff, Annie Donaldson May Be Congress’ Prized Witness
Don McGahn's chief of staff had a front seat at the Trump White House during the Russia investigation, and has reasons to comply with Congress' subpoena.
Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President
Special Counsel Robert Mueller has a better argument than Attorney General William Barr about whether obstruction statutes apply to the president. They do, and here's why.
The Trials of White House Counsel Don McGahn
Over the weekend, Michael Schmidt and Maggie Haberman published a remarkable story in the New York Times chronicling White House Counsel Donald F. McGahn’s substantial cooperation…
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