Peaceful Transition?

TL;DR

In a roundtable discussion, the book "After Trump: Reconstructing the Presidency" is analyzed, highlighting potential reforms needed for the presidency post-Trump.

Transcript

welcome to beg to differ the bulwark's weekly roundtable discussion featuring civil conversation across the political spectrum from center left to center right i'm mona charon of the ethics and public policy center and i'm joined by linda chavez of the niskanen center william galston of the wall street journal and the brookings institution and damo... Read More

Key Insights

• 🫥 The book emphasizes the need for reforms in the presidency post-Trump, focusing on clarifying lines of authority, enhancing criteria for investigations, and promoting transparency and accountability.
• 🫥 Goldsmith and Bauer's consensus on executive power reform highlights the potential for consensus across ideological lines.
• 🖤 The authors recognize that legal fixes alone may not address the breakdown in political cooperation and the lack of interest in norms and long-term interests.
• 👶 The debate surrounding the appointment of a new Supreme Court justice highlights the deep polarization in the country and the potential for further erosion of democratic institutions.

Questions & Answers

Q: What were some of the problems identified in the Mueller investigation?

Goldsmith highlights the lack of guidance in the FBI on when and under what circumstances a criminal or counterintelligence investigation can be opened against the president. He also mentions issues with the 60-day rule and problems with how the FBI conducted investigations on both sides of the aisle.

Q: Why do the authors suggest that congressional investigations of the executive branch need reform?

The authors believe that while Congress has fallen down in its responsibilities for lawmaking and oversight, they have no objection to congressional investigations of the presidency. They propose reforms to help Congress enforce its subpoenas and suggest that there are other tools Congress can deploy to address issues with the executive branch.

Q: How do Goldsmith and Bauer propose addressing financial conflicts of interest for presidents?

The authors suggest barring presidents from any involvement with their businesses and requiring regular public accounting of the president's business interests. They aim to turn existing norms on presidential business interests into law.

Q: Are there any proposals for changes to the pardon power?

Yes, the authors propose making a bribe or obstruction of justice using the pardon power a separate crime. They also suggest that Congress can expressly ban a president from self-pardoning, which could inform judicial decisions on the matter.

Summary & Key Takeaways

• The authors, Jack Goldsmith and Bob Bauer, come from different ideological backgrounds but have a lot of experience with how the presidency runs and wanted to provide forward-looking reforms for the presidency after Trump.

• The book discusses problems with investigations into Trump, specifically the Mueller investigation, and the need for clarification regarding the lines of authority and criteria for criminal investigations against the president.

• Goldsmith also addresses concerns about congressional investigations of the executive branch, proposing reforms to help Congress enforce its subpoenas.

• The book suggests reforms to address financial conflicts of interest for presidents to ensure transparency and accountability.

• Goldsmith and Bauer also propose changes to the pardon power, including making the president's use of the pardon power as part of a bribe or obstruction of justice a separate crime.