The Last Branch Standing

More from Executive Functions Chat All episodes →

1. 

   12 Jun 2026 · 16 min

   Attorney General Todd Blanche?

   Bob and Jack discuss President Trump’s nomination of Deputy Attorney General Todd Blanche, the current acting attorney general, to become Attorney General. They review Blanche’s record at DOJ, including his role in political weaponization, ethics concerns, and the fallout from the proposed Anti-Weaponization Fund. They also examine why Trump is forcing a confirmation fight when Blanche could plausibly lead the Justice Department for the rest of Trump’s term without Senate confirmation. What’s at stake, they discuss, is whether the Senate will endorse, and thus take responsibility for,…

2. 

   2 Jun 2026 · 23 min

   What Exactly is Bill Pulte’s New Job as Acting Director of National Intelligence?

   Following President Trump’s appointment of Bill Pulte to serve as acting director of national intelligence, Bob Bauer asks Avril Haines, who held the position during the Biden administration, to explain the history behind the establishment of the Office of Director of National Intelligence (ODNI) and the role of the director as leader of the intelligence community. They also discuss why the law requires nominees for the director to have “extensive national security experience” when there is no such requirement for the director of the CIA; the significance of ODNI appointments for U.S.…

3. 

   22 May 2026 · 17 min

   The Anti-Weaponization Fund and Tax Immunity Gambits

   Bob and Jack discuss the Justice Department and IRS “settlement” with President Trump and his family, which created a $1.776 billion “Anti-Weaponization Fund” for Trump allies and immunized Trump and others from IRS scrutiny and penalties for past conduct. They discuss how the episode combines two hallmarks of the Trump presidency: abuse of government power and self-enrichment. They also consider possible judicial remedies and the causes and possible consequences of the sharp congressional reaction, including from many Republicans. Get full access to Executive Functions at…

4. 

   1 May 2026 · 39 min

   The Many Challenges of AI Safety

   Jack chats with Sebastian Mallaby, senior fellow at the Council on Foreign Relations, about his new book The Infinity Machine: Demis Hassabis, DeepMind, and the Quest for Superintelligence . They discuss current challenges in AI safety, the U.S.-China race and prospects for cooperation, and the emerging risks posed by powerful new models like Anthropic’s Mythos. They also talk about tensions between frontier labs and the U.S. government, and the trajectory toward greater government control. Mentioned: * Sebastian Mallaby, The Infinity Machine: Demis Hassabis, DeepMind, and the Quest for…

5. 

   17 Apr 2026 · 55 min

   Who Owns Presidential Records?

   Jack chats with Marty Lederman, professor at Georgetown University Law Center and former deputy assistant attorney general in the Office of Legal Counsel, about a recent OLC opinion declaring the Presidential Records Act unconstitutional. They examine what is at stake, the statute’s history, and the constitutional arguments behind the claim. They also discuss a lawsuit challenging the opinion and the hurdles it faces in getting to the merits. Get full access to Executive Functions at www.execfunctions.org/subscribe

6. 

   3 Apr 2026 · 31 min

   Can Trump Pull Out of NATO?

   In light of President Trump’s recent threats to withdraw the United States from the North Atlantic Treaty, Jack chats with Professor Curtis Bradley of the University of Chicago Law School about whether Trump has the authority to do so. They discuss the constitutional foundations of treaty termination and the validity of Congress’s 2023 statute that restricts withdrawal absent congressional or senatorial consent. They also examine whether a suit to challenge presidential withdrawal from the treaty could be brought in federal court. Mentioned: Curtis A. Bradley, Historical Gloss and Foreign…

7. 

   27 Mar 2026 · 27 min

   It's the President's War

   Bob and Jack chat about the war with Iran and Congress’s response. They discuss Congress’s failed efforts to halt the conflict, an emerging proposal for a constrained authorization of force, and the Trump administration’s limited engagement with lawmakers. They examine the politics of the conflict, the role of funding and appropriations, the status of the War Powers Resolution, and contemporary legal debates over military operations without congressional authorization, including the scope of Office of Legal Counsel opinions and the broader shift toward a one-man-decides model of war powers.…

8. 

   20 Mar 2026 · 42 min

   The Most Dangerous Branch

   Jack speaks with Cass Sunstein, the Robert Walmsley University Professor at Harvard Law School, about his new book, Separation of Powers: How to Preserve Liberty in Troubled Times . They discuss why the executive is the most dangerous branch of government, the importance of responsible executive branch lawyers, and contemporary debates over the administrative state, including unitary executive theory in light of the Trump v. Slaughter oral argument and the major questions doctrine after the tariffs case, Learning Resources, Inc. v. Trump . Get full access to Executive Functions at…

9. 

   3 Mar 2026 · 28 min

   Homeland Security in a Time of War with Iran

   In light of the U.S. attacks on Iran over the weekend, Jack speaks with Elizabeth Sherwood-Randall, former White House Homeland Security Advisor, about how the U.S. government would normally prepare for domestic threats during periods of heightened risk. They discuss how the federal homeland security enterprise activates in response to elevated threat levels, including coordination across the Department of Homeland Security, the FBI, the intelligence community, and state and local law enforcement. They also explore concerns about federal capacity, including a DHS funding lapse, resource…

10. 

    24 Feb 2026 · 29 min

    The Tariff Refund Problem

    Jack speaks with Matthew Seligman, a fellow at the Stanford Constitutional Law Center, about the remedial consequences of the Supreme Court’s decision invalidating tariffs imposed under the International Emergency Economic Powers Act. They walk through how tariff collection works, why repayment is not automatic, and the procedural hurdles importers face in trying to recover what they paid, including major barriers to class-wide or aggregate relief. They also examine the practical and political constraints shaping the process, including institutional capacity, litigation costs, and why many…