Counsel to the President
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The White House counsel is a senior staff appointee of the
president of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
whose role is to advise the president on all legal issues concerning the president and their
administration Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, admini ...
. 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 The White House Office is an entity within the Executive Office of the President of the United States (EOP). The White House Office is headed by the White House chief of staff, who is also the head of the Executive Office of the President. The ...
. 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.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.
Stuart Delery Stuart Frank Delery (born 1968) is an American attorney who is currently serving as the White House Counsel, as of July 2022, succeeding Dana Remus. Previously, Delery had served as Deputy Counsel to the President in the Biden administration, ...
has been the White House counsel since July 2022, replacing
Dana Remus Dana Ann Remus is an American lawyer who served as White House counsel for U.S. President Joe Biden from January 2021 to July 2022. Prior to her appointment as White House counsel, Remus was general counsel for Joe Biden's 2020 presidential cam ...
, 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 The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in ...
contact for the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
.


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 Attorney–client privilege or lawyer–client privilege is the name given to the common law concept of legal professional privilege in the United States. Attorney–client privilege is " client's right to refuse to disclose and to prevent any ...
between the counsel and the president and vice president, namely with
John Dean John Wesley Dean III (born October 14, 1938) is an American former attorney who served as White House Counsel for U.S. President Richard Nixon from July 1970 until April 1973. Dean is known for his role in the cover-up of the Watergate scandal ...
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 The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
, or the
solicitor general of the United States The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
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


References


External links


Executive Office of the President


* ttp://eisenhower.archives.gov/Research/Finding_Aids/S.html Diaries of Bernard M. Shanley, White House Counsel, 1953-1955, Dwight D. Eisenhower Presidential Library
Records of Gerald Morgan, White House Counsel, 1955-1958, Dwight D. Eisenhower Presidential Library


{{EOP agencies United States presidential advisors Executive Office of the President of the United States Presidency of the United States Counsel 1943 establishments in Washington, D.C.