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White House Counsel

From Wikipedia, the free encyclopedia
Chief legal advisor to the U.S. president
For other United States offices of special counsel, seeUnited States Office of Special Counsel (disambiguation).
"Office of Counsel to the President" redirects here. For the Sri Lankan position, seePresident's Counsel.
White House Counsel
since January 20, 2025
Formation1943
First holderSamuel Rosenman

TheWhite House Counsel is a senior staff appointee of thepresident of the United States whose role is to advise the president on all legal issues concerning the president and theiradministration. The White House counsel also oversees theOffice of White House Counsel, a team of lawyers and support staff who provide legal guidance for the president and theWhite House Office. At least when the White House Counsel is advising the president on legal matters pertaining to the duties or prerogatives of the president, this office is also called Counsel to the President.[1] When initially created, it was named simply Special Counsel.

David Warrington is the current White House counsel, serving since January 20, 2025.[2]

Responsibilities

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The Office of Counsel to the President and Vice President was created in 1943, and is responsible for advising on all legal aspects of policy questions; legal issues arising in connection with the president's decision to sign or veto legislation, ethical questions, financial disclosures; and conflicts of interest during employment and post employment. The counsel's office also helps define the line between official and political activities, oversees executive appointments and judicial selection, handles presidential pardons, reviews legislation and presidential statements, and handles lawsuits against the president in his role as president, as well as serving as theWhite House contact for theDepartment of Justice (DOJ).[3][4]

Limitations

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Although the White House counsel offers legal advice to the president and vice president, the counsel does so in the president's and vice president's official capacity, and does not serve as the president's personal attorney. Therefore, controversy has emerged over the scope of theattorney–client privilege between the counsel and the president and vice president, namely withJohn Dean of Watergate notoriety. It is clear, however, that the privilege does not apply in strictly personal matters. It also does not apply to legislative proceedings by the U.S. Congress against the president due to allegations of misconduct while in office, such as formalcensures orimpeachment proceedings. In those situations the president relies on a personal attorney if he desires confidential legal advice.

Like all similarly appointed positions in the White House and Executive Office of the President, the White House Counsel's office is also quite distinct from and separate to the judiciary. It is also different in type to other senior positions which are not simply presidentially appointed but rather are nominated by the president and confirmed by the Senate. In the legal realm, these would be foremost theattorney general of the United States, and their principal deputy and other assistants, who are nominated by the president to oversee theUnited States Department of Justice, and thesolicitor general of the United States (the fourth-ranking official in the Justice Department) and staff, who argue cases before the U.S. Supreme Court (and in lower federal courts) for the Justice Department when it, or the Federal Government or an officer thereof (including the President), is a party to the case.[5] The White House Counsel does, however, usually act as the primary contact point between the DOJ and the White House.

List of White House counsels

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  Denotes acting capacity.
ImageNameStartEndPresident
Samuel RosenmanOctober 2, 1943February 1, 1946Franklin D. Roosevelt
(1933–1945)
Harry S. Truman
(1945–1953)
Clark CliffordFebruary 1, 1946January 31, 1950
Charles MurphyJanuary 31, 1950January 20, 1953
Tom Stephens
On leave
January 20, 1953April 14, 1953Dwight D. Eisenhower
(1953–1961)
Bernard ShanleyJanuary 20, 1953April 14, 1953
April 14, 1953February 19, 1955
Gerald MorganFebruary 19, 1955November 5, 1958
David KendallNovember 5, 1958January 20, 1961
Ted SorensenJanuary 20, 1961February 29, 1964John F. Kennedy
(1961–1963)
Lyndon B. Johnson
(1963–1969)
Mike FeldmanApril 1964January 17, 1965
Lee WhiteJanuary 17, 1965February 11, 1966
Milton SemerFebruary 14, 1966December 31, 1966
Harry McPhersonFebruary 11, 1966October 26, 1967
Larry TempleOctober 26, 1967January 20, 1969
John EhrlichmanJanuary 20, 1969November 4, 1969Richard Nixon
(1969–1974)
Chuck ColsonNovember 6, 1969July 9, 1970
John DeanJuly 9, 1970April 30, 1973
Len GarmentApril 30, 1973August 9, 1974
Philip BuchenAugust 9, 1974January 20, 1977Gerald Ford
(1974–1977)
Robert LipshutzJanuary 20, 1977October 1, 1979Jimmy Carter
(1977–1981)
Lloyd CutlerOctober 1, 1979January 20, 1981
Fred FieldingJanuary 20, 1981May 23, 1986Ronald Reagan
(1981–1989)
Peter WallisonMay 23, 1986March 20, 1987
Arthur CulvahouseMarch 20, 1987January 20, 1989
Boyden GrayJanuary 20, 1989January 20, 1993George H. W. Bush
(1989–1993)
Bernard NussbaumJanuary 20, 1993March 8, 1994Bill Clinton
(1993–2001)
Lloyd CutlerMarch 8, 1994October 1, 1994
Abner MikvaOctober 1, 1994November 1, 1995
Jack QuinnNovember 1, 1995February 1997
Chuck RuffFebruary 1997August 6, 1999
Cheryl Mills
Acting
August 6, 1999September 1999
Beth NolanSeptember 1999January 20, 2001
Alberto GonzalesJanuary 20, 2001February 3, 2005George W. Bush
(2001–2009)
Harriet MiersFebruary 3, 2005January 31, 2007
Fred FieldingJanuary 31, 2007January 20, 2009
Greg CraigJanuary 20, 2009January 3, 2010Barack Obama
(2009–2017)
Bob BauerJanuary 3, 2010June 30, 2011
Kathy RuemmlerJune 30, 2011June 2, 2014
Neil EgglestonJune 2, 2014January 20, 2017
Don McGahnJanuary 20, 2017October 17, 2018Donald Trump
(2017–2021)
Emmet Flood
Acting
October 18, 2018December 10, 2018
Pat CipolloneDecember 10, 2018January 20, 2021
Dana RemusJanuary 20, 2021July 1, 2022Joe Biden
(2021–2025)
Stuart DeleryJuly 1, 2022September 11, 2023
Ed SiskelSeptember 11, 2023January 20, 2025
David WarringtonJanuary 20, 2025IncumbentDonald Trump
(2025–present)

References

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  1. ^Letter from Dana A. Remus, Counsel to the President, to Daniel Ferreiro, Archivist of the United States, dated October 8, 2021, issued by The White House as a Release on October 12, 2021. See also, letter of Darell Issa, then Chairman of the House Committee on Oversight and Government Reform to W. Neil Eggleston, then "Counsel to the President," dated July 11, 2014, which letter appears as the 2nd item in the Appendix to the record of the July 16, 2014 session of a Hearing of said House Committee.
  2. ^"January 30, 2025 Mr. David Warrington Counsel"(PDF).oversightdemocrats.house.gov.
  3. ^"Agencies - Counsel to the President".Federal Register. Retrieved2025-03-31.
  4. ^"Department Descriptions".clintonwhitehouse4.archives.gov. Retrieved2025-03-31.
  5. ^"The Cabinet".The White House. Retrieved2025-03-31.

External links

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Executive Office
White House Office
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