Executive Functions Chat

Jack speaks with Richard Ekins, professor of law and constitutional government at Oxford University, about the United Kingdom’s plan to transfer sovereignty over the Chagos Islands to Mauritius while leasing back the Diego Garcia naval base for continued U.S.–U.K. military use—an issue that has drawn renewed attention in recent weeks after President Trump publicly criticized the proposed agreement. They discuss the historical background of the Chagos Islands dispute, the role of international courts, treaty obligations between the United States and the United Kingdom, and the strategic importance of Diego Garcia. They also examine the legal and security risks of the proposed transfer, including constraints on the use of force, nuclear nonproliferation obligations, and the question of why the United States might consent to the agreement.
Since this chat was recorded, President Trump today signaled support for the Chagos sovereignty transfer, or at least a rollback of his criticism.  He also said: “If the lease deal, sometime in the future, ever falls apart, or anyone threatens or endangers US operations and forces at our Base, I retain the right to Militarily secure and reinforce the American presence in Diego Garcia.”
Mentioned:
“Britain’s Chagos Deal Can’t Go Forward Without U.S. Consent” by Richard Ekin (National Review, Jan. 30, 2026.)


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Bob and Jack talk about grievances from President Trump’s first term that continue to shape his second-term conduct. They examine the federal search warrant recently executed at a Fulton County election facility seeking 2020 ballots, including the structure and purpose of the investigation and the president’s asserted authority to use federal law enforcement in election matters. They also discuss Trump’s $10 billion lawsuit against the IRS and the Treasury Department over the disclosure of his tax information, unpacking the basis of the claims and the institutional questions raised by a sitting president suing the executive branch he oversees.
Mentioned:
“Is the Administration Prepared to Deploy ICE to Police This Fall’s Elections?” by Bob Bauer (Executive Functions, Jan. 27, 2026)


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Jack speaks with University of Virginia School of Law Professor Saikrishna Prakash about his new book, The Presidential Pardon: The Short Clause with a Long, Troubled History. They discuss the origins of the pardon power, the framers’ anxieties about its breadth, controversies about its early use, how modern presidents have increasingly used clemency to advance ideological, political, and personal goals, and the challenges of reform.
Mentioned:
Saikrishna Bangalore Prakash, The Presidential Pardon: The Short Clause with a Long, Troubled History (2026)
“Trump’s Circumvention of the Justice Department Clemency Process” by Jack Goldsmith and Matt Gluck (Lawfare, Dec. 29, 2020)


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Jack and Bob examine President Trump’s threat to invoke the Insurrection Act in response to ICE-related unrest in Minneapolis. They discuss the Act’s broad language, the uncertain scope of presidential discretion, the many unresolved constitutional questions that the Supreme Court might consider, and the political and legal risks of deploying troops domestically—particularly against the backdrop of upcoming elections.
Further reading:
“Trump Threatens to Invoke the Insurrection Act” by Bob Bauer and Jack Goldsmith (Executive Functions, Jan. 15, 2026)
“Thoughts on the Interim Order in Trump v. Illinois” by Jack Goldsmith (Executive Functions, Dec. 24, 2025)
“Trolling About Habeas Corpus” by Jack Goldsmith (Executive Functions, May 12, 2025)


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Jack and Bob discuss the subpoena targeting Federal Reserve Chair Jerome Powell, the legal limits on presidential control of the Fed, Senate resistance, and the potential consequences for markets and the administration heading into the midterms.


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