White House Counsel

Last updated
White House Counsel
Incumbent
Ed Siskel
since September 11, 2023
Formation1943
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]

Contents

Ed Siskel is the current White House Counsel, serving since September 11, 2023.

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

ImageNameStartEndPresident
Samuel-Rosenman-1930.jpg Samuel Rosenman October 2, 1943February 1, 1946 Franklin D. Roosevelt
Harry S. Truman
Clark Clifford photo portrait.jpg Clark Clifford February 1, 1946January 31, 1950
Charles S. Murphy (cropped).jpg Charles Murphy January 31, 1950January 20, 1953
No image.svg Tom Stephens January 20, 1953
On leave
April 14, 1953 Dwight D. Eisenhower
No image.svg Bernard Shanley January 20, 1953
Acting: January 20, 1953 – April 14, 1953
February 19, 1955
No image.svg Gerald Morgan February 19, 1955November 5, 1958
No image.svg David Kendall November 5, 1958January 20, 1961
Ted Sorensen - withdrawing from CIA nomination LCCN2017658310.jpg Ted Sorensen January 20, 1961February 29, 1964 John F. Kennedy
Lyndon B. Johnson
MyerFeldman.jpg Mike Feldman April 1964January 17, 1965
Lee White (cropped).jpg Lee White January 17, 1965February 11, 1966
No image.svg Milton Semer February 14, 1966December 31, 1966
McPherson DLA Piper.jpg Harry McPherson February 11, 1966October 26, 1967
No image.svg Larry Temple October 26, 1967January 20, 1969
John Ehrlichman in 1969.png John Ehrlichman January 20, 1969November 4, 1969 Richard Nixon
Nixon Contact Sheet WHPO-7711 (cropped).jpg Chuck Colson November 6, 1969July 9, 1970
John Dean, Bestanddeelnr 929-1102.jpg John Dean July 9, 1970April 30, 1973
Portrait of Len Garment, special consultant - NARA - 194684.tif Len Garment April 30, 1973August 9, 1974
Philip Buchen (1974-08-15 A0147 NLGRF).jpg Philip Buchen August 9, 1974January 20, 1977 Gerald Ford
Robert Lipshutz - 1977.jpg Robert Lipshutz January 20, 1977October 1, 1979 Jimmy Carter
No image.svg Lloyd Cutler October 1, 1979January 20, 1981
Portraits of Assistants to President Ronald Reagan (cropped8).jpg Fred Fielding January 20, 1981May 23, 1986 Ronald Reagan
Peter Wallison 1986.jpg Peter Wallison May 23, 1986March 20, 1987
Arthur B. Culvahouse, Jr.jpg Arthur Culvahouse March 20, 1987January 20, 1989
C Boyden Gray.jpg Boyden Gray January 20, 1989January 20, 1993 George H. W. Bush
No image.svg Bernard Nussbaum January 20, 1993March 8, 1994 Bill Clinton
No image.svg Lloyd Cutler March 8, 1994October 1, 1994
Abner Mikva.jpg Abner Mikva October 1, 1994November 1, 1995
No image.svg Jack Quinn November 1, 1995February 1997
White House Counsel Charles Ruff and others at a House Judiciary Committee hearing (1).jpg Chuck Ruff February 1997August 6, 1999
Cheryl D. Mills.jpg Cheryl Mills
Acting
August 6, 1999September 1999
No image.svg Beth Nolan September 1999January 20, 2001
Alberto R. Gonzales.jpg Alberto Gonzales January 20, 2001February 3, 2005 George W. Bush
HarrietMiersFlagpin.jpg Harriet Miers February 3, 2005January 31, 2007
Fred Fielding.jpg Fred Fielding January 31, 2007January 20, 2009
Greg Craig 48-DPA-374 DSC 0015.jpg Greg Craig January 20, 2009January 3, 2010 Barack Obama
BobBauer2.jpg Bob Bauer January 3, 2010June 30, 2011
Kathryn Ruemmler.jpg Kathy Ruemmler June 30, 2011June 2, 2014
Neil Eggleston.jpg Neil Eggleston June 2, 2014January 20, 2017
Don McGahn official photo.png Don McGahn January 20, 2017October 17, 2018 Donald Trump
No image.svg Emmet Flood
Acting
October 18, 2018December 10, 2018
Pat Cipollone (January 21, 2020).jpg Pat Cipollone December 10, 2018January 20, 2021
Dana Remus.jpg Dana Remus January 20, 2021July 1, 2022 Joe Biden
Stuart Delery.png Stuart Delery July 1, 2022September 11, 2023
No image.svg Ed Siskel September 11, 2023present

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References

  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.