nustabet gaming ‘It Will Be a More Robust Check on Trump Than the G.O.P. Congress’: Three Legal Experts on Trump 2.0

Kate Shaw, a contributing Opinion writernustabet gaming, hosted a written online conversation with Times Opinion columnist David French and Jack Goldsmith, a law professor at Harvard and a co-author of “After Trump: Reconstructing the Presidency,” to discuss some of the key legal questions likely to arise in the second Trump administration.

Kate Shaw: We’re about a month from Inauguration Day and the start of the second Trump term. The country is likely to witness an avalanche of initiatives in the first days of the new administration, on topics ranging from immigration to the civil service to environmental regulation and more.

I want to ask about the legal questions surrounding many of these efforts, as well as who will play prominent roles in the incoming administration. But first, I thought we could discuss executive power in a second Trump administration more broadly.

In light of the Supreme Court’s immunity decision from the end of the last term, will Trump possess, or claim to possess, more power than previous presidents? Jack, you’ve written about the immunity decision’s “relative insignificance.” Does that mean you think it doesn’t change much?

Jack Goldsmith: The immunity part of the opinion likely won’t change executive branch practice too much, but at the same time I said that I thought the big deal in the opinion is the way it describes presidential power generally. The court adopted a broad conception of the unitary executive that the Trump presidency will put to use far beyond the question of presidential immunity.

Shaw: Do you think the backdrop of the opinion will change the tenor of legal advice around the president, compared with the first Trump term?

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