Archive - Executive Functions

Prosecuting Members of Congress

The injunction in the Kelly case, a grand jury rebuff, and a debate over anti-weaponization reforms.

Feb 13 • Bob Bauer and Jack Goldsmith

24:37

The Bad News in the D.C. Grand Jury’s Refusal to Indict Six Members of Congress

It did the right thing, but Trump’s targeting of members of Congress should prompt legal reform.

Feb 12 • Bob Bauer

The Federal Court Snapback

The judiciary, including the Supreme Court, is standing up to the president

Feb 6 • Jack Goldsmith

Richard Ekins on Diego Garcia and the Chagos Islands Dispute

Sovereignty, security, and the question of American consent

Feb 5 • Jack Goldsmith

22:39

Yet Another Sign that the Trump Administration is Laying the Groundwork for Election Intervention?

DOJ may be retreating from long-standing internal constraints on federal government intervention in elections.

Feb 5 • Bob Bauer

January 2026

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

The Georgia voting records search warrant and Trump’s $10 billion lawsuit against the IRS

Jan 30 • Bob Bauer and Jack Goldsmith

29:53

Is the Administration Prepared to Deploy ICE to Police This Fall’s Elections?

There are good reasons for the question, and Congress should press now for the answer

Jan 27 • Bob Bauer

How Donald Trump Can Continue to Make Billions in Office

He rightly judges the political costs to be manageable, but this could change.

Jan 22 • Bob Bauer

Sai Prakash on the Pardon Power from the Founding to Trump

A short clause, a troubled history

Jan 20 • Jack Goldsmith

36:12

What Happens if Trump Invokes the Insurrection Act?

Foundational constitutional questions and the implications for the midterm elections

Jan 16 • Bob Bauer and Jack Goldsmith

34:29

Edward Levi’s Department of Justice

What a Difference a Half Century Makes

Jan 16 • Jack Goldsmith

Trump Threatens to Invoke the Insurrection Act

Background on this dangerous law and what is needed to fix it.

Jan 15 • Bob Bauer and Jack Goldsmith

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