Can President Trump Lawfully Fire Fed Governor Lisa Cook?
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
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59:31
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59:31
Epstein Scandal Management in the Executive Branch
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
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18:48
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18:48
Anne Joseph O'Connell on the New Jersey U.S. Attorney Matter
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 welcome Anne Joseph O’Connell, the Adelbert H. Sweet Professor of Law at Stanford Law School, as our first guest on Executive Functions Chat to break down the relevant legal issues in this saga and discuss the broader legal landscape. Get full access to Executive Functions at executivefunctions.substack.com/subscribe
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19:04
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19:04
Does It Matter That Companies Are Disregarding the TikTok Ban?
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
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22:14
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22:14
Was the Court Right to Allow the Administration’s Workforce Reductions Plans to Go Forward?
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
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