The Lawfare Podcast Lawfare Archive: Jack Goldsmith on Trump v. United States and Executive Power
Feb 15, 2026
Jack Goldsmith, Harvard Law professor and former government official, explains how Trump v. United States reshapes executive authority. He outlines the court's new readings of the Take Care Clause and removal power. He maps implications for DOJ control, non‑enforcement actions like the TikTok order, and the rise of a broad unitary‑executive vision.
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Court Recasts Presidential Power
- Trump v. United States grants the president broad exclusive powers inside the executive branch beyond mere immunity from prosecution.
- The decision elevates removal and an exclusive reading of the Take Care Clause, shifting doctrine toward a maximalist executive power view.
Removal Power Reimagined
- The opinion expands the removal power beyond prior contexts, applying it to presidential threats used to influence subordinate officials.
- That expansion lets the president leverage firing power to push subordinates into actions that might otherwise be criminal.
Take Care Clause Goes Exclusive
- The Take Care Clause historically implies both interpretive and enforcement discretion for presidents.
- Trump extends that discretion by suggesting it may be exclusive and protective against certain criminal regulation.
