White House Counsel

White House Counsel
White House Counsel
	Incumbent; Stuart Delery; since July 2022
Formation	1943
First holder	Samuel Rosenman

The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Office of White House Counsel, a team of lawyers and support staff who provide legal guidance for the president and the White House Office. At least when 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]

Stuart Delery has been the White House counsel since July 2022, replacing Dana Remus, who served since January 2021.

Responsibilities

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 the White House contact for the Department of Justice.

Limitations

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 the attorney–client privilege between the counsel and the president and vice president, namely with John 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 formal censures or impeachment proceedings. In those situations the president relies on a personal attorney if he desires confidential legal advice. The office is also distinct from the judiciary, and from others who are not appointed to positions but nominated by the president and confirmed by the Senate. These would be foremost the attorney general of the United States, and the principal deputy and other assistants, who are nominated by the president to oversee the United States Department of Justice, or the solicitor general of the United States and staff (the solicitor general is the fourth-ranking official in the Justice Department), who argue cases before the U.S. Supreme Court (and in lower federal courts) for the Justice Department when it is a party to the case.

List of White House counsels

Officeholder	Term start	Term end	President
Samuel Rosenman	October 2, 1943	February 1, 1946	Franklin D. Roosevelt
Samuel Rosenman	October 2, 1943	February 1, 1946	Harry S. Truman
Clark Clifford	February 1, 1946	January 31, 1950
Charles Murphy	January 31, 1950	January 20, 1953
Bernard Shanley	January 20, 1953	February 19, 1955	Dwight D. Eisenhower
Gerald Morgan	February 19, 1955	November 5, 1958
David Kendall	November 5, 1958	January 20, 1961
Ted Sorensen	January 20, 1961	February 29, 1964	John F. Kennedy
Ted Sorensen	January 20, 1961	February 29, 1964	Lyndon B. Johnson
Mike Feldman	April 1964	January 17, 1965
Lee White	January 17, 1965	February 11, 1966
Milton Semer	February 14, 1966	December 31, 1966
Harry McPherson	February 11, 1966	October 26, 1967
Larry Temple	October 26, 1967	January 20, 1969
John Ehrlichman	January 20, 1969	November 4, 1969	Richard Nixon
Charles Colson	November 6, 1969	July 9, 1970
John Dean	July 9, 1970	April 30, 1973
Leonard Garment	April 30, 1973	August 9, 1974
Philip Buchen	August 9, 1974	January 20, 1977	Gerald Ford
William Casselman	August 9, 1974	September 19, 1975
Phillip Areeda	c. October 1, 1974	c. February 1, 1975
Roderick Hills	c. March 1, 1975	c. October 1, 1975
Robert Lipshutz	January 20, 1977	October 1, 1979	Jimmy Carter
Lloyd Cutler	October 1, 1979	January 20, 1981	Jimmy Carter
Fred Fielding	January 20, 1981	May 23, 1986	Ronald Reagan
Peter Wallison	May 23, 1986	March 20, 1987
Arthur Culvahouse	March 20, 1987	January 20, 1989
C. Boyden Gray	January 20, 1989	January 20, 1993	George H. W. Bush
Bernard Nussbaum	January 20, 1993	March 8, 1994	Bill Clinton
Lloyd Cutler	March 8, 1994	October 1, 1994
Abner Mikva	October 1, 1994	November 1, 1995
Jack Quinn	November 1, 1995	February 1997
Chuck Ruff	February 1997	August 6, 1999
Cheryl Mills Acting	August 6, 1999	September 1999
Beth Nolan	September 1999	January 20, 2001
Alberto Gonzales	January 20, 2001	February 3, 2005	George W. Bush
Harriet Miers	February 3, 2005	January 31, 2007
Fred Fielding	January 31, 2007	January 20, 2009
Greg Craig	January 20, 2009	January 3, 2010	Barack Obama
Bob Bauer	January 3, 2010	June 30, 2011
Kathryn Ruemmler	June 30, 2011	June 2, 2014
Neil Eggleston	June 2, 2014	January 20, 2017
Don McGahn	January 20, 2017	October 17, 2018	Donald Trump
Emmet Flood Acting	October 18, 2018	December 10, 2018
Pat Cipollone	December 10, 2018	January 20, 2021
Dana Remus	January 20, 2021	July 2022	Joe Biden
Stuart Delery	July 2022	present	Joe Biden

References

^ 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.

External links

[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.

[1]

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