PODCAST

Executive Functions Chat

Bob Bauer and Jack Goldsmith

Bob Bauer and Jack Goldsmith discuss news about the presidency. www.execfunctions.org

government politics

All Episodes

21:34

Decision-making Disarray at the DOJ

Executive Functions Chat ·

2025/10/14

Bob and Jack discuss recent reports of internal rifts at the Department of Justice, the loyalty pressures shaping the Trump administration, and whether constitutional reform is needed to curb the spiral of politicized prosecutions. Get full access to Executive Functions at www.execfunctions.org/subscribe

27:42

The Oregon National Guard Ruling

Executive Functions Chat ·

2025/10/07

Bob and Jack discuss (and disagree about) the Oregon National Guard ruling, the deference owed to the president, the relevance of the president’s Truth Social comments, and the ultimate limits on the president’s power to use the military in the domestic sphere. Get full access to Executive Functions at www.execfunctions.org/subscribe

25:19

The Comey Indictment

Executive Functions Chat ·

2025/09/29

Bob and Jack discuss the Trump administration’s indictment of former FBI Director James Comey, the lawfulness of the Lindsey Halligan appointment as interim U.S. Attorney, the implications of Trump’s full takeover and weaponization of DOJ, and how to think about reform in this context. Get full access to Executive Functions at www.execfunctions.org/subscribe

43:19

Is Donald Trump a Reconstructive President?

Executive Functions Chat ·

2025/09/25

Keith Whittington, David Boies Professor of Law at Yale Law School and author of The Political Foundations of Judicial Supremacy, joins Jack Goldsmith for a conversation about reconstructive presidents (Jefferson, Jackson, Lincoln, and FDR), and whether Donald Trump fits that mold. They discuss Trump’s constitutional ambitions, judicial supremacy versus departmentalism, and whether Trump will defy the Court. Get full access to Executive Functions at www.execfunctions.org/subscribe

36:28

Fateful Lawyering in the Trump Administration

Executive Functions Chat ·

2025/09/08

Bob and Jack discuss the performance of White House Counsel David Warrington and examine last week’s lethal strike on alleged Venezuelan terrorists—including its possible implications for domestic presidential military strikes. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

59:31

Can President Trump Lawfully Fire Fed Governor Lisa...

Executive Functions Chat ·

2025/08/27

Jack Goldsmith is joined by Professor Aditya Bamzai of the University of Virginia Law School. They discuss the president’s constitutional removal power, whether the president satisfied the statutory “for cause” standard in firing Cook, why that issue is hard, whether Cook’s pre-Fed actions are relevant, whether Cook gets notice and a hearing before firing, and whether a reinstatement remedy is available. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

18:48

Epstein Scandal Management in the Executive Branch

Executive Functions Chat ·

2025/08/01

In this episode we review the Epstein scandal and discuss Deputy Attorney General Todd Blanche’s conflict-of-interest problems, the White House challenge, and the looming role of Congress. Consider becoming a free or paid subscriber to Executive Functions. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

19:04

Anne Joseph O'Connell on the New Jersey U.S. Attorney...

Executive Functions Chat ·

2025/07/25

President Trump yesterday evening withdrew the nomination of Alina Habba for U.S. attorney for the District of New Jersey so that Attorney General Pam Bondi could appoint Habba as the “first assistant” in the U.S. attorney’s office—with the aim of positioning Habba to serve as U.S. attorney in an acting capacity. This came after DOJ, purportedly pursuant to the president’s authority, fired the official who was appointed by a panel of district judges to serve as interim U.S. attorney.We’re pleased to

22:14

Does It Matter That Companies Are Disregarding the...

Executive Functions Chat ·

2025/07/17

We discuss the response of TikTok providers to the administration’s non-enforcement pledges—including the companies’ legal liability and whether their responsibility to comply with the law runs past potential liability.Read Bob’s piece from yesterday about the providers’ conduct here.And check out Jack’s assessments of the legal basis for the non-enforcement of the statute here and here. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

27:53

Was the Court Right to Allow the Administration’s...

Executive Functions Chat ·

2025/07/10

We discuss the Supreme Court’s Tuesday stay of the district court order blocking implementation of the reductions-in-force executive order. Jack thinks the Court got it right. Bob is skeptical.Consider becoming a free or paid subscriber to Executive Functions. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

30:36

Did the Supreme Court 'Meet the Moment' in Trump v....

Executive Functions Chat ·

2025/07/01

We break down the opinions in Trump v. Casa—including the majority opinion’s statements on Solicitor General John Sauer’s concession to the bindingness of the Court’s judgments and opinions on the executive branch, the narrow scope of the majority, the opposing conceptions of the Court’s role in the majority and in Justice Jackson’s dissent, and how challenges to birthright citizenship are likely to proceed from here. Read Jack’s post from Sunday arguing that the Supreme Court was the clear winner

27:31

Was the Iran Attack Constitutional?

Executive Functions Chat ·

2025/06/26

Jack argued early this week that it’s impossible to know whether the U.S. attack against Iran was constitutional “because the constitutional law of war powers is inscrutable.” Bob responded to Jack’s post, contending that although executive branch legal opinions provide support for the attack, that doesn’t resolve the constitutional problem.On this episode, we disagree about the constitutionality of this particular attack, but we agree that our war powers law has reached an unfortunate state of

19:21

The Iran Conflict and War Powers

Executive Functions Chat ·

2025/06/18

We 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. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

22:39

The Weak L.A. Deployment Ruling

Executive Functions Chat ·

2025/06/13

We discuss Judge Breyer’s ruling yesterday evening on California’s challenge to Trump’s federalizing of the National Guard, how the decision might have set forth helpful parameters defining the president’s constitutional authority in this context, and how much the administration’s out-of-court statements influence the opinions flowing from the courts. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

47:39

California Sues and Marines Enter L.A.

Executive Functions Chat ·

2025/06/10

We discuss California’s complaint challenging the Trump administration’s actions in Los Angeles, take a closer look at the president’s authorities and legal strategy, and conclude by considering the politics underlying it all. Timestamps:0:00-11:30: The substance of California’s complaint11:31-18:28: The aims of the complaint18:29-30:35: The president’s relevant statutory and constitutional authority30:36-34:34: The administration’s broad legal approach34:35-47:38: The politics of the momentFind

17:33

Troops in Los Angeles

Executive Functions Chat ·

2025/06/09

We discuss the president’s memorandum mobilizing National Guard troops in response to protests against federal immigration enforcement in Los Angeles. We break down the authorities Trump is relying on, how much it matters that Trump has not yet invoked the Insurrection Act, and more. After we recorded, California Governor Gavin Newsom said that the state will sue the Trump administration over Trump’s decision to “federalize the National Guard.”Read Chris Mirasola’s article that Jack mentioned during

21:39

Trumpifying Federal Courts

Executive Functions Chat ·

2025/06/02

President Trump lashed out at the Federalist Society and Leonard Leo last week. We discuss what is behind the attack, how the administration may try to reshape the judiciary, and how Congress could get involved. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

22:50

The Supreme Court’s Important Decision on...

Executive Functions Chat ·

2025/05/23

The Supreme Court issued a consequential decision yesterday staying two district court rulings that had blocked President Trump from firing board members of executive agencies. We discuss the decision, what it means for Humphrey’s Executor, and other potential short- and long-term consequences. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

29:20

The Birthright Citizenship Argument

Executive Functions Chat ·

2025/05/16

We discuss the oral argument in the birthright citizenship case and dive into Jack’s post analyzing Solicitor General Sauer’s concessions that the Supreme Court has the authority to issue “binding precedent nationwide.”Consider becoming a free or paid subscriber to Executive Functions. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

21:41

The Anatomy of a Habeas Troll

Executive Functions Chat ·

2025/05/13

We discuss Jack’s post on the administration’s habeas trial balloons, the legal issues and possible strategic aims underlying the comments, and how it all fits into the administration’s larger program of attack on the courts. Consider becoming a free or paid subscriber to Executive Functions. Get full access to Executive Functions at executivefunctions.substack.com/subscribe

31 results

Executive Functions Chat

All Episodes

Similar Podcasts

The Fly

Georgetown"s Institute of Politics and...

THE CONSTITUTION STUDY

Paul Engel

The DSR Daily

The DSR Network

The Lawfare Podcast

The Lawfare Institute

Fora do Baralho

Rádio Observador