Jack Goldsmith and Bob Bauer on Reconstructing the Presidency After Trump

TL;DR

The book "After Trump: Reconstructing the Presidency" explores the damaging impact of President Trump's unconventional use of power and calls for reforms to restore and strengthen norms, accountability, and checks and balances in the presidency.

Transcript

welcome to the bulwark podcast i'm charlie sykes it is september 15 2020 which means that depending on how you count it we are 48 or 49 days from election day which is really not election day it's the final day for voting uh we have special guests uh today there's a new book out that just came out it's actually a rather interesting publishing story... Read More

Key Insights

• 🧑‍💼 Trump's unique style of presidency has exposed vulnerabilities and weaknesses in the office, necessitating reforms to restore norms, accountability, and checks and balances.
• ✊ Reforms should address financial conflicts of interest, improve tax disclosures, limit the abuse of pardon power, and reduce the scope of emergency powers.
• 👋 While safeguards like norms and laws exist, their enforcement depends on the integrity and good faith of those in power, making the strengthening of institutional regulations crucial.
• 🥹 The preservation of democratic values and the rule of law requires a transparent and rigorous process for investigating and holding former presidents accountable, ensuring a balance between justice and political expediency.

Questions & Answers

Q: How has Trump's presidency exposed the vulnerabilities and weaknesses of the presidency?

Trump's mercurial personality, disregard for laws and norms, open disrespect for institutions, and manipulation of public and private interests have caused significant damage to the presidency and exposed weaknesses in accountability and checks and balances.

Q: Can statutory reforms effectively constrain the abuses of power by future presidents?

Yes, the authors propose statutory reforms to address financial conflicts of interest, improve tax disclosures, and narrow the scope of pardon power, among other measures. These reforms, when combined with revised internal regulations and a commitment to self-regulation, can help constrain abuses of power.

Q: How can the abuses of power in the presidency be restrained when the Department of Justice and the courts may be loyal to the president?

While political appointees and officials may face pressure, there are still checks in place. Courts have pushed back on many of Trump's lawless actions, and officials within the Department of Justice have refused to follow his demands. Additionally, norms, inspector general reviews, and public pressure can serve as effective restraints on abuses of power.

Q: Why has Congress been reluctant to exercise its powers and guard against the encroachment of the executive branch?

A significant factor is the increasing polarization and partisanship in Congress, where loyalty to party often takes precedence over institutional responsibilities. Members of Congress prioritize their party's fortunes and fear the political costs of challenging the president, leading to a reluctance to uphold the separation of powers.

Summary & Key Takeaways

• Authors Bob Bauer and Jack Goldsmith discuss their book, "After Trump: Reconstructing the Presidency," which examines the challenges of reconstructing the presidency after Trump leaves office.

• They highlight the unprecedented ways in which Trump has abused his powers, damaged institutions, and exposed vulnerabilities, leading to a need for reforms.

• The book offers 50 recommendations to fix the presidency, including addressing financial conflicts of interest, constraining the abuse of pardon power, limiting emergency powers, and strengthening the independence of the Justice Department.