Executive Functions
@execfunctions
A Substack newsletter devoted to analysis of presidential and broader executive power issues, by Bob Bauer and @jacklgoldsmith.bsky.social
The Trump administration's main lines of attack on the integrity of the 2026 elections: claims of (1) noncitizen voting, (2) fraud in mail-in voting, (3) mistrust in voting machinery.
Jack Goldsmith argues that the Iran Nuclear Agreement Review Act of 2015 prevents Trump from waiving Iran sanctions as pledged in the memorandum of understanding with Iran. But, he writes, that won't keep Trump from doing it. www.execfunctions.org/p/the-presid...
"Congress has to consider... what weaponization in the hands of a president, so brazenly and aggressively pursued, means for the separation of powers in our scheme of government."
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...
Bob Bauer on Robert Mueller's passing: Professionalism and integrity are no match for the forces of polarization. www.execfunctions.org/p/when-rober...
"Law is the language through which we criticize presidential uses of war powers."🔗 www.execfunctions.org/p/law-and-th...
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...
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...
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...
"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 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.
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.
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.
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.
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.
Read today's Executive Functions Morning Roundup, featuring SCOTUS's foreign assistance ruling, commentary from @jacklgoldsmith.bsky.social and @nicholasbednar.bsky.social, a new Trump timeline from @rgoodlaw.bsky.social and Audrey Balliette, and more. executivefunctions.substack.com/p/executive-...
Read today's Executive Functions Morning Roundup, featuring the D.C. U.S. Atty's reported efforts to indict Sen. Schumer, commentary from @kateshaw.bsky.social on Musk and the Appointments Clause, and more (first two stories below). executivefunctions.substack.com/p/executive-...
Read today's Executive Functions Morning Roundup, featuring one account of the state of CFPB, commentary from Bob Bauer, @ilyasomin.bsky.social, Adrian Vermeule, @jadler1969.bsky.social, and Josh Blackman, and more (the news stories below). executivefunctions.substack.com/p/executive-...