Executive Functions
@execfunctions.bsky.social
A Substack newsletter devoted to analysis of presidential and broader executive power issues, by Bob Bauer and @jacklgoldsmith.bsky.social
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...
www.execfunctions.org/p/the-new-ph...
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
www.execfunctions.org
November 7, 2025 at 8:56 PM
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...
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...
October 28, 2025 at 4:30 PM
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...
The Constitutional Significance of the Santos Clemency
The threat to Congress’s checking function by a politicized justice system—and the need for reform.
tinyurl.com
October 21, 2025 at 8:00 PM
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...
October 16, 2025 at 9:59 PM
"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...
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.
www.execfunctions.org
October 16, 2025 at 5:05 PM
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.
October 9, 2025 at 3:41 PM
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-...
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
www.execfunctions.org
October 8, 2025 at 9:09 PM
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-...
September 29, 2025 at 4:39 PM
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.
September 26, 2025 at 6:09 PM
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.
September 24, 2025 at 3:59 PM
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.
@jacklgoldsmith.bsky.social
reflects on the question in light of recent events at the department.
September 22, 2025 at 4:55 PM
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.
@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.”
My take on Trump's second and still-illegal extension of his order declining enforcement of the TikTok ban and seeking to wipe out private liability under the law, with assessment of implications. open.substack.com/pub/executiv...
Trump’s Continuing Illegal Refusal to Enforce the TikTok Ban
This executive branch precedent will have long and bad legs.
open.substack.com
September 16, 2025 at 8:18 PM
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.
September 15, 2025 at 4:47 PM
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.
September 4, 2025 at 4:14 PM
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."
September 2, 2025 at 5:12 PM
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.
August 21, 2025 at 3:35 PM
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.
August 18, 2025 at 6:53 PM
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.
August 14, 2025 at 4:39 PM
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.
August 13, 2025 at 3:39 PM
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.
August 12, 2025 at 2:01 PM
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.
August 7, 2025 at 5:02 PM
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.
August 6, 2025 at 5:39 PM
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.
July 31, 2025 at 3:40 PM
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.
Reposted by Executive Functions
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...
Anne Joseph O'Connell on the New Jersey U.S. Attorney Matter
And the larger tangled state of the law of appointments and vacancies
open.substack.com
July 25, 2025 at 8:01 PM
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...
Anne Joseph O'Connell on the New Jersey U.S. Attorney Matter
And the larger tangled state of the law of appointments and vacancies
open.substack.com
July 25, 2025 at 1:43 PM
@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...