Executive Functions Chat

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

  1. 13 FEB

    Prosecuting Members of Congress

    Bob and Jack chat about a federal court’s preliminary injunction blocking the Defense Department’s attempt to reduce Senator Mark Kelly’s military retirement benefits, along with a grand jury’s refusal to indict six Democratic members of Congress, including Kelly, who in a video reminded service members of their duty to refuse unlawful orders. They discuss how Trump administration weaponization can be effective even with court losses, and debate possible reforms to limit politically motivated prosecutions of members of Congress, including Bob’s proposal for a court-appointed special counsel and an alternative that focuses on revising the substance of criminal statutes. Mentioned: “The Bad News in the D.C. Grand Jury’s Refusal to Indict Six Members of Congress” by Bob Bauer (Executive Functions, Feb. 12, 2026) Get full access to Executive Functions at www.execfunctions.org/subscribe

    25 min
  2. Richard Ekins on Diego Garcia and the Chagos Islands Dispute

    5 FEB

    Richard Ekins on Diego Garcia and the Chagos Islands Dispute

    Jack speaks with Richard Ekins, professor of law and constitutional government at Oxford University, about the United Kingdom’s plan to transfer sovereignty over the Chagos Islands to Mauritius while leasing back the Diego Garcia naval base for continued U.S.–U.K. military use—an issue that has drawn renewed attention in recent weeks after President Trump publicly criticized the proposed agreement. They discuss the historical background of the Chagos Islands dispute, the role of international courts, treaty obligations between the United States and the United Kingdom, and the strategic importance of Diego Garcia. They also examine the legal and security risks of the proposed transfer, including constraints on the use of force, nuclear nonproliferation obligations, and the question of why the United States might consent to the agreement. Since this chat was recorded, President Trump today signaled support for the Chagos sovereignty transfer, or at least a rollback of his criticism.  He also said: “If the lease deal, sometime in the future, ever falls apart, or anyone threatens or endangers US operations and forces at our Base, I retain the right to Militarily secure and reinforce the American presence in Diego Garcia.” Mentioned: “Britain’s Chagos Deal Can’t Go Forward Without U.S. Consent” by Richard Ekin (National Review, Jan. 30, 2026.) Get full access to Executive Functions at www.execfunctions.org/subscribe

    23 min
  3. Donald Trump is Settling Old Scores—and Making New Plans?

    30 ENE

    Donald Trump is Settling Old Scores—and Making New Plans?

    Bob and Jack talk about grievances from President Trump’s first term that continue to shape his second-term conduct. They examine the federal search warrant recently executed at a Fulton County election facility seeking 2020 ballots, including the structure and purpose of the investigation and the president’s asserted authority to use federal law enforcement in election matters. They also discuss Trump’s $10 billion lawsuit against the IRS and the Treasury Department over the disclosure of his tax information, unpacking the basis of the claims and the institutional questions raised by a sitting president suing the executive branch he oversees. Mentioned: “Is the Administration Prepared to Deploy ICE to Police This Fall’s Elections?” by Bob Bauer (Executive Functions, Jan. 27, 2026) Get full access to Executive Functions at www.execfunctions.org/subscribe

    30 min
  4. Sai Prakash on the Pardon Power from the Founding to Trump

    20 ENE

    Sai Prakash on the Pardon Power from the Founding to Trump

    Jack speaks with University of Virginia School of Law Professor Saikrishna Prakash about his new book, The Presidential Pardon: The Short Clause with a Long, Troubled History. They discuss the origins of the pardon power, the framers’ anxieties about its breadth, controversies about its early use, how modern presidents have increasingly used clemency to advance ideological, political, and personal goals, and the challenges of reform. Mentioned: Saikrishna Bangalore Prakash, The Presidential Pardon: The Short Clause with a Long, Troubled History (2026) “Trump’s Circumvention of the Justice Department Clemency Process” by Jack Goldsmith and Matt Gluck (Lawfare, Dec. 29, 2020) Get full access to Executive Functions at www.execfunctions.org/subscribe

    36 min
  5. What Happens if Trump Invokes the Insurrection Act?

    16 ENE

    What Happens if Trump Invokes the Insurrection Act?

    Jack and Bob examine President Trump’s threat to invoke the Insurrection Act in response to ICE-related unrest in Minneapolis. They discuss the Act’s broad language, the uncertain scope of presidential discretion, the many unresolved constitutional questions that the Supreme Court might consider, and the political and legal risks of deploying troops domestically—particularly against the backdrop of upcoming elections. Further reading: “Trump Threatens to Invoke the Insurrection Act” by Bob Bauer and Jack Goldsmith (Executive Functions, Jan. 15, 2026) “Thoughts on the Interim Order in Trump v. Illinois” by Jack Goldsmith (Executive Functions, Dec. 24, 2025) “Trolling About Habeas Corpus” by Jack Goldsmith (Executive Functions, May 12, 2025) Get full access to Executive Functions at www.execfunctions.org/subscribe

    35 min
  6. The Criminal Investigation of the Fed Chair

    12 ENE

    The Criminal Investigation of the Fed Chair

    Jack and Bob discuss the subpoena targeting Federal Reserve Chair Jerome Powell, the legal limits on presidential control of the Fed, Senate resistance, and the potential consequences for markets and the administration heading into the midterms. Get full access to Executive Functions at www.execfunctions.org/subscribe

    23 min
  7. Law and the Venezuela Invasion

    5 ENE

    Law and the Venezuela Invasion

    Bob and Jack discuss the legality of the U.S. invasion of Venezuela leading to the capture President Nicolás Maduro, how law matters to presidential uses of force, and what legal issues to expect at Maduro’s trial. Mentioned: “On the Legality of the Venezuela Invasion” by Jack Goldsmith (Executive Functions, Jan. 3, 2026) Curtis A. Bradley, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (2024) Get full access to Executive Functions at www.execfunctions.org/subscribe

    26 min
  8. The President's Protective Power

    29/12/2025

    The President's Protective Power

    Jack spoke with Chris Mirasola of the University of Houston Law Center about the President’s “protective power” to use the regular armed forces or the National Guard (if properly federalized) in the domestic sphere for the protection of federal property and functions. They discussed the origins and scope of the protective power, its relationship to the Posse Comitatus Act, why it was relevant in Trump v. Illinois, and the president’s prominent options for domestic deployment of the military (including using regular armed forces for a protective function) after Trump v. Illinois. Further reading: Chris Mirasola, Sovereignty, Article II, and the Military During Domestic Unrest, 15 Harv. Nat’l Sec. J. 199 (2023) Jack Goldsmith, Thoughts on the Interim Order in Trump v. Illinois, Executive Functions (December 24, 2025) Chris Mirasola, Unpacking the Protective Power, Lawfare (June 12, 2025) Consider becoming a free or paid subscriber. Get full access to Executive Functions at www.execfunctions.org/subscribe

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

Información

  • Creador
    Bob Bauer and Jack Goldsmith
  • Años de actividad
    2025 - 2026
  • Episodios
    43
  • Clasificación
    Apto
  • Copyright
    © Bob Bauer and Jack Goldsmith
  • Mostrar sitio web
    Executive Functions Chat

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