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Executive Functions

@execfunctions.org
336 followers 6 following 258 posts

A Substack newsletter devoted to analysis of presidential and broader executive power issues, by Bob Bauer and @jacklgoldsmith.bsky.social

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Executive Functions @execfunctions.org · 30/09/2026
Jack and Bob discuss the legality of the three advertisements praising President Trump that have recently aired with the tag “Paid for by the U.S. Government” and were reportedly paid for with Department of Homeland Security funds.
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Advertising the President on the Taxpayer’s Dime
Quick thoughts on the legal questions implicated by the recent ads aggrandizing President Trump
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Executive Functions @execfunctions.org · 29/09/2026
Bob Bauer argues that the administration’s recent taxpayer-funded ads featuring President Trump violate the federal ban on spending appropriated funds for propaganda, but that consequences will likely depend on Congress—which “faces a major legal and policy challenge in giving any teeth to the ban.”
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The Illegality of Trump’s Taxpayer-Funded “Public Service Announcements”
Any consequences will likely depend on Congress
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Executive Functions @execfunctions.org · 23/09/2026
The latest from Bob Bauer:
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Donald Trump’s Drive for Unimpeded Control of the Administration “Message”
It includes both banning news organizations from the White House and casting aside limits on the Attorney General and other senior officials’ partisan political advocacy
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Executive Functions @execfunctions.org · 22/09/2026
Is Trump Media’s early-access feed lawful? Jack Goldsmith and former SEC GC John Coates discuss: open.substack.com/pub/executiv...
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Is Trump Media’s Early-Access Feed Lawful?
Why a 50-millisecond jump on the president’s posts may implicate insider trading laws
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Executive Functions @execfunctions.org · 15/09/2026
Quick thoughts from Bob Bauer on last night's emergency order:
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SCOTUS Leaves the Ballot-Mail Rule Blocked
Quick thoughts from Bob on last night’s emergency order
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NYU Law Democracy Project @democracyproject.bsky.social · 11/09/2026
🚨Next up in the Elections 2026 series: Faculty Dir. Bob Bauer — "In Missouri, A Judicial Response to Politicized Election Administration" We're publishing daily essays on potential threats to the election process & mechanisms available to manage them Read here: democracyproject.org/posts/in-mis...
democracyproject.org
In Missouri, A Judicial Response to Politicized Election Administration
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
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Executive Functions @execfunctions.org · 11/09/2026
Where Republican pushback against the administration's election program is showing up: (1) the Missouri map dispute, (2) Justice Department monitors in Wyoming, (3) a Supreme Court brief from 38 current and former election officials. open.substack.com/pub/executiv...
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Republican Pushback on the Administration's Election Program
Quick thoughts on Missouri, Wyoming, and a recent amicus from 38 election officials.
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Executive Functions @execfunctions.org · 08/09/2026
The Court that held last Term that elections are different for standing just told the states challenging Trump's election order that their harms were hypothetical. What happened to Bost? Bob Bauer on the choice the Justices face before the midterms.
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Eleventh-Hour Executive Branch Interventions in the Midterms
There will likely be more, and the Supreme Court faces critical choices.
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Executive Functions @execfunctions.org · 31/08/2026
Building a bioweapon used to require a PhD and a government lab. Elizabeth Sherwood-Randall says the work “can now be done in the wild with a laptop and an AI account.” She and Jack Goldsmith discuss her case for deterrence by resilience. open.substack.com/pub/executiv...
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Elizabeth Sherwood-Randall on Bioweapons in the Age of AI
How to prepare for a world where biological weapons can be designed with “a laptop and an AI account”
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Executive Functions @execfunctions.org · 28/08/2026
Jack Goldsmith writes that the Trump administration cannot "have it both ways" by claiming "extreme unitariness and fir[ing] people for failing to follow the president’s demand to indict enemies" AND "that the prosecutor in the Comey case made an independent[, uninfluenced] decision to prosecute..."
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The Unitary Executive and Comey’s Vindictive Prosecution Claim
The government tries to have it both ways
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Executive Functions @execfunctions.org · 20/08/2026
Bob Bauer and Jack Goldsmith on the White House's abstract hypothetical executive privilege question and OLC's strange, misleading answer:
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OLC's Strange Opinion on Private Advisers
The question was abstract, the answer foreordained—and neither Congress nor the courts will pay attention to it.
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Executive Functions @execfunctions.org · 06/08/2026
Bob Bauer on Truth API (which sells traders faster access to the president's posts) and Trump's "business model" conception of the presidency: open.substack.com/pub/executiv...
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Executive Functions @execfunctions.org · 31/07/2026
Can a state prosecute a federal official who shows up armed at a polling place? Danielle Friedman of @uwlawdemocracy.bsky.social walks through the relevant statutes, and why Supremacy Clause immunity is a weaker defense in the election context than elsewhere. open.substack.com/pub/executiv...
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States’ Protection of Their Elections
State criminal laws could constrain federal interference in the 2026 elections
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Executive Functions @execfunctions.org · 28/07/2026
Bob Bauer writes that the Senate's new conflicts of interest bill is the wrong model, as it polices one narrow "digital assets" problem while blessing the underlying conflict across Trump's holdings. open.substack.com/pub/executiv...
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The Senate’s Absurd Conflicts of Interest Bill
It does not protect against conflicts but in effect blesses them
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Steve Vladeck @stevevladeck.bsky.social · 28/07/2026
President Trump had (loudly) promised that he would ask #SCOTUS to grant rehearing of its June 30 decision blocking his executive order purporting to limit birthright citizenship. The deadline for such a request was yesterday—and ... crickets.
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Executive Functions @execfunctions.org · 24/07/2026
Jack and Pentagon General Counsel Jeh Johnson discuss how Congress's power over war has eroded, the constitutional and practical obstacles to reasserting it, and the war in Iran as a live example. open.substack.com/pub/executiv...
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Jeh Johnson on Presidential War Powers and Congressional Retreat
From the assent of Congress to "a war council of one"
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Executive Functions @execfunctions.org · 21/07/2026
Bob Bauer writes that the networks' refusal to air Trump's "election integrity" address is unprecedented; the question now is how he strikes back: a legally vulnerable claim of emergency powers over the media, or the more tested route of the weaponized DOJ. open.substack.com/pub/executiv...
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Trump's Struggles With the Networks Over his 'Election Integrity' Speech
The attacks on the media could escalate.
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Executive Functions @execfunctions.org · 16/07/2026
The Trump administration's subpoenas of NYT reporters "highlight the fragility of judicially enforceable legal safeguards for journalists, who are protected from government subpoenas and prosecutions more by norms than by law," Jack Goldsmith writes. open.substack.com/pub/executiv...
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The Trump Administration's Portentous Subpoenas of NYT Reporters
Law v. norms, once more
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Walter Olson @walterolson.bsky.social · 12/07/2026
This is among the best videos/transcripts I've seen in laying out what Trump has already done to meddle with the midterm elections, what he may have up his sleeve as election year continues, and what sorts of constitutional crisis could result. /1
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Executive Functions @execfunctions.org · 14/07/2026
Bob Bauer writes that the Senate vote on Blanche isn't about who runs DOJ; it's about whether the Senate ratifies his model of a weaponized department, with its election-intervention role in the imminent midterms as the most urgent count. open.substack.com/pub/executiv...
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The Blanche DOJ and the Attack on the Midterm Elections
His role in the Trump attack on the midterms looms large in Blanche’s confirmation hearings.
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Executive Functions @execfunctions.org · 10/07/2026
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.
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Executive Functions @execfunctions.org · 07/07/2026
Bob Bauer on why "it's probably legal" is the wrong verdict on Trump's self-enrichment — and why a self-pardon defense is more vulnerable, legally, than most assume. open.substack.com/pub/executiv...
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The Serious Legal Risks to President Trump from His Multi-Billion Dollar Business Activities
Why immunity and the pardon power might not protect him
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Executive Functions @execfunctions.org · 02/07/2026
Jack Goldsmith argues that the Court's temporizing strategy has "preserved and possibly enhanced its authority vis-à-vis the president and has resulted in the successful enforcement of significant legal constraints on the presidency, all in the face of a nearly unprecedented set of challenges."
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The Powerful, Resilient, Independent Supreme Court
The vindication of its authority is remarkable
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Executive Functions @execfunctions.org · 02/07/2026
Bob Bauer on the Federal Election Commission after Slaughter: Bipartisan, independent civil enforcement was already collapsing, but formal presidential control will end it—and a weaponized DOJ may fill the vacuum. open.substack.com/pub/executiv...
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The Federal Election Commission After Slaughter
Bipartisan, independent civil enforcement was already collapsing, but formal presidential control will end it—and a weaponized DOJ may fill the vacuum.
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Walter Olson @walterolson.bsky.social · 23/06/2026
Bob Bauer at @execfunctions.bsky.social explains how AG nominee Todd Blanche was up to his neck in the unethical and unprofessional conduct that drew such a strong rebuke from Chief Judge Schiltz in the Minnesota case.
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'Blatantly Lawless and Unethical'
After today’s damning court decision in the Minnesota case, more on the high stakes of the Blanche nomination
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Executive Functions @execfunctions.org · 18/06/2026
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...
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Walter Olson @walterolson.bsky.social · 16/06/2026
Essay on how two centuries of sporadically expanding presidential power (and Congressional abdication) led up to Trump's being in a position to start and wage a substantial war without bothering to consult the Hill, and in what ways exactly this chief executive went beyond his predecessors.
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Executive Functions @execfunctions.org · 16/06/2026
"The Iran adventure is the latest instance of the 'one person decides' principle of U.S. foreign policy that Trump has taken to new extremes, and that undeservedly has received less critical attention than Trump’s domestic unilateralism," Jack Goldsmith writes. www.execfunctions.org/p/the-iran-d...
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The Iran Deal in the Context of the President's Astonishing Foreign Affairs Powers
Trump has taken the “one person decides” principle to new extremes
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Executive Functions @execfunctions.org · 12/06/2026
"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."
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Walter Olson @walterolson.bsky.social · 12/06/2026
Todd Blanche nomination will test whether the Senate will green-light the new model of the U.S. Department of Justice as an undisguised weapon wielded against the President’s enemies.
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Executive Functions @execfunctions.org · 10/06/2026
"The Senate is responsible for the sorry ethical state of affairs at DOJ, having looked the other way when confirming Blanche the first time," Bob Bauer writes. "The question now is whether senators will take up the challenge Trump has thrown down." www.execfunctions.org/p/the-high-s...
execfunctions.org
The High Stakes of the Blanche Nomination
The Senate’s responsibility far exceeds the questions about this particular nominee
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Executive Functions @execfunctions.org · 27/04/2026
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...
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Executive Functions @execfunctions.org · 15/04/2026
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...
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Executive Functions @execfunctions.org · 14/04/2026
@jacklgoldsmith.bsky.social spoke with Sarah Isgur about her new book, Last Branch Standing. They explore the Supreme Court’s approach to executive power in the Trump era, which can be seen as both empowering and constraining the presidency in different ways. www.execfunctions.org/p/the-last-b...
execfunctions.org
The Last Branch Standing
Sarah Isgur on the Supreme Court and Executive Power
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Executive Functions @execfunctions.org · 06/04/2026
Bob Bauer on potential reform to help protect against a DOJ that answers reliably to a president’s personal and political demands. www.execfunctions.org/p/dojs-bleak...
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DOJ’s Bleak Future and Modest Paths for Reform
Both parties have a stake in reform, even if only so much can be done.
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Executive Functions @execfunctions.org · 02/04/2026
EF is hiring! We are seeking a paid full-time executive editor to start mid-July. www.execfunctions.org/p/executive-...
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Executive Functions Is Hiring!
A paid full-time executive editor position starting this July
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Executive Functions @execfunctions.org · 31/03/2026
One month in, Epic Fury is the second most consequential unauthorized presidential uses of force in all of American history. It’s also a new nadir in the decline of Congress’s check on presidential war. Here's Bob Bauer and @jacklgoldsmith.bsky.social: www.execfunctions.org/p/the-second...
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The Second Most Consequential Unilateral Use of Force in American History
The Iran war is a new low in the deterioration of Congress’s check on presidential war
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Executive Functions @execfunctions.org · 23/03/2026
Bob Bauer on Robert Mueller's passing: Professionalism and integrity are no match for the forces of polarization. www.execfunctions.org/p/when-rober...
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Executive Functions @execfunctions.org · 17/03/2026
Bob Bauer on the perilous war over legal ethics in government and politics: On its current course, it cannot end well. www.execfunctions.org/p/the-perilo...
execfunctions.org
The Perilous War Over Legal Ethics in Government and Politics
On its current course, it cannot end well.
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Executive Functions @execfunctions.org · 10/03/2026
Bob Bauer proposes Congress pass a joint resolution stating its constitutional interpretation of presidential war powers—an approach that could challenge expansive executive war-making claims when a vote to stop the Iran conflict at this stage will fail: www.execfunctions.org/p/a-differen...
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A Different Way for Congress to Confront the President on War Powers
Last week’s votes should not be the only lines Congress attempts to draw
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Jack Goldsmith @jacklgoldsmith.bsky.social · 03/03/2026
Homeland Security in a Time of War with Iran: My discussion with Biden Homeland Security Advisor Elizabeth Sherwood-Randall on how the U.S. government would normally prepare for domestic threats during periods of heightened risk. open.substack.com/pub/executiv...
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Homeland Security in a Time of War with Iran
Preventing retaliatory threats at home
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Executive Functions @execfunctions.org · 04/03/2026
Bob Bauer analyzes DOJ's about-face on defending Trump's law firm executive orders: "If it was possible to bring even more discredit to this attack on the legal profession, the administration managed to do it over a span of less than 24 hours." www.execfunctions.org/p/why-trump-...
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Why Trump First Ended the Law Firm Suits, Then Didn’t
We can’t know for sure, but he ended in a worse place than before
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Executive Functions @execfunctions.org · 27/02/2026
It is a mistake to assume that Trump would eventually stand down in a conflict with the courts over the midterm elections, Bob Bauer writes. www.execfunctions.org/p/trumps-com...
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Trump’s Coming Confrontation with the Courts Over the Elections
In a conflict with the courts over the midterm elections, it is a mistake to assume that Trump would eventually stand down.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 20/02/2026
My thoughts on the Tariff Decision and the President's angry reaction, which affirmed the remarkable power of the Court. open.substack.com/pub/executiv...
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Quick Thoughts on the Tariff Decision and the President's Angry Reaction
A massive defeat for the president and an extraordinary affirmation of the Supreme Court's power.
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Executive Functions @execfunctions.org · 12/02/2026
It is reassuring that a D.C. grand jury rejected the administration's attempt to indict six members of Congress. But, Bob Bauer argues, Trump’s targeting of lawmakers should prompt legal reform. www.execfunctions.org/p/the-bad-ne...
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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.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 06/02/2026
My take, building on arguments by James Comey, on the extraordinary degree to which federal courts, including the Supreme Court, have successfully checked the Trump administration in the last year. open.substack.com/pub/executiv...
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The Federal Court Snapback
The judiciary, including the Supreme Court, is standing up to the president
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Executive Functions @execfunctions.org · 05/02/2026
Bob Bauer on how a now-missing DOJ manual may signal the administration's retreat from long-standing internal constraints on federal government intervention in elections: www.execfunctions.org/p/yet-anothe...
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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.
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Executive Functions @execfunctions.org · 05/02/2026
Bob Bauer on how a now-missing DOJ manual may signal the administration's retreat from long-standing internal constraints on federal government intervention in elections: www.execfunctions.org/p/yet-anothe...
execfunctions.org
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.
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Executive Functions @execfunctions.org · 27/01/2026
"This is the right time to press the administration for its answers, on the record, about potential uses of ICE in this election year." Bob Bauer: www.execfunctions.org/p/is-the-adm...
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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
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Executive Functions @execfunctions.org · 22/01/2026
Bob Bauer: How Donald Trump Can Continue to Make Billions in Office www.execfunctions.org/p/how-donald...
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How Donald Trump Can Continue to Make Billions in Office
He rightly judges the political costs to be manageable, but this could change.
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