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
"Law is the language through which we criticize presidential uses of war powers."🔗 www.execfunctions.org/p/law-and-th...
January 6, 2026 at 3:33 PM
"Law is the language through which we criticize presidential uses of war powers."🔗 www.execfunctions.org/p/law-and-th...
Reposted by Executive Functions
“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...
@jacklgoldsmith.bsky.social: open.substack.com/pub/executiv...
Trump's Impact on Executive Power, Eleven Months In
Our assessment on Executive Functions' First Anniversary
open.substack.com
December 18, 2025 at 6:39 PM
“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...
@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...
www.execfunctions.org/p/catching-u...
Catching Up, Keeping Track
Pardons, Transparency Struggles and Law Firm Extortion.
www.execfunctions.org
December 12, 2025 at 10:24 PM
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...
www.execfunctions.org/p/catching-u...
Reposted by Executive Functions
My discussion with Alan Rozenshtein on Executive Power in the Age of Artificial Intelligence: Bureaucracy and the presidential "oracle"
www.execfunctions.org/p/executive-...
www.execfunctions.org/p/executive-...
December 9, 2025 at 4:15 PM
My discussion with Alan Rozenshtein on Executive Power in the Age of Artificial Intelligence: Bureaucracy and the presidential "oracle"
www.execfunctions.org/p/executive-...
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-...
www.execfunctions.org/p/executive-...
Executive Functions Is Hiring!
Spring and summer interns
www.execfunctions.org
December 8, 2025 at 6:12 PM
We are seeking part-time spring and summer interns to assist with editorial, research, and production tasks.
www.execfunctions.org/p/executive-...
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...
The Boat Strike Presidency
Trump’s model of the presidency both explains his boat strike troubles and how he will deal with them.
www.execfunctions.org
December 4, 2025 at 9:06 PM
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...
@jacklgoldsmith.bsky.social writes. www.execfunctions.org/p/a-dishonor...
December 2, 2025 at 12:36 AM
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...
@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...
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.
www.execfunctions.org
November 17, 2025 at 6:03 PM
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...
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.
www.execfunctions.org
November 13, 2025 at 11:24 PM
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...
November 12, 2025 at 8:48 PM
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...
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.