All the Presidents' Lawyers-logo

All the Presidents' Lawyers


All presidents have legal issues. Some have more than others. A weekly conversation about the law, executive power, and all the presidents' lawyers, good and bad.

All presidents have legal issues. Some have more than others. A weekly conversation about the law, executive power, and all the presidents' lawyers, good and bad.


United States





All presidents have legal issues. Some have more than others. A weekly conversation about the law, executive power, and all the presidents' lawyers, good and bad.




A matter of public concern

Josh Barro and Ken White discuss the different way Rudy Giuliani is responding to Dominion Voting Systems’ defamation lawsuit against him. Why might he have taken a different approach from Sidney Powell? Plus: former Rep. Katie Hill sued the Daily Mail under California’s revenge porn statute, and this week a judge threw out the suit and the decision was on an anti-SLAPP motion, so Hill may have to pay for the paper’s legal defense. The Daily Mail had published compromising photos of Hill,...



Josh Barro and Ken White discuss reports of a federal investigation into Congressman Matt Gaetz. What are the legal issues here? Was it smart for Gaetz to give a prime time interview about it on television? And why was this news apparently leaked? Plus: the Trump campaign set some donors up for recurring donations in a way that was dense and confusing. Is that fraud, and could some donors have a good case to sue the campaign? Recently, the DC Circuit Court of Appeals set a standard for...


Relationship to the truth

For the past three years, All The Presidents’ Lawyers has focused a lot on defamation cases, and there’s an obvious reason for that: former President Trump has been (and still is) the target of defamation cases and he has also invoked or actually used defamation suits as strategy for years. Remember when Stormy Daniels sued former President Trump, saying he defamed her by calling her accusation that she threatened in a Las Vegas parking lot not to talk about her affair with him a “con job”?...


Loose lips

Michael Sherwin, who was the acting U.S. attorney in Washington overseeing the prosecution of Capitol rioters, gave a revealing interview to 60 Minutes this week. Its ripple effects in courtrooms and at the Department of Justice were almost immediate. Josh Barro and Ken White talk about that interview and what Sherwin said about the possibility of sedition charges for the rioters and other criminal charges for former President Trump. Plus: Sidney Powell’s lawyers file an interesting motion...


Is approximately half good enough?

Government officials believe about 800 rioters entered the building on January 6. About 300 people have been charged and the government expects to charge at least 100 more, according to a recent filing. Is that...good enough? Is that enough for deterrence? Ken White and Josh Barro talk about that, the timeline of evidence collection and charges, and the effort to bring a conspiracy case against the Oathkeepers. Plus: Ken and Josh discuss Jane Mayer’s profile of Manhattan District Attorney...


Cease and desist

Josh Barro and Ken White talk about former President Trump’s efforts to keep Republican groups from using his image to fundraise. Were his cease-and-desist letters performative, or does he actually have a legal argument that his name and image can’t be invoked by party organizations? Plus: Congressman Swalwell sues the president and his associates, a judge in New York threw out a lawsuit from Trump against the New York Times, Fulton County brings in a state RICO expert, a former SDNY...


Could another campaign help Trump with some of his legal problems?

Former President Trump spoke at CPAC this past weekend, and it got some people talking (apparently, some of Trump’s advisers included): if he were to run for office again, would it help him with some of his legal issues? Would it make prosecutors more reluctant to sue him? Plus: Fulton County DA will appear in front of a grand jury this week, Michael Cohen’s selling prison jumpsuits as podcast merch, why a Trump appointee is suing the Biden administration, a fancy way of charging someone for...


SCOTUS and the subpoena

The Supreme Court finally declined to block the Manhattan District Attorney’s subpoena for financial records related to Donald Trump and the Trump Organization from his accountants at Mazars LLP. This subpoena is commonly described in the press as giving the DA access to former President Trump’s tax returns, but that shorthand is a little bit misleading. Josh Barro and Ken White what it means, what it means that another prosecutor has been working on the investigation, and what they might be...


The end of impeachment, but not the end of legal exposure

Former President Trump was acquitted over the weekend in his second impeachment trial. A record seven members of his own party voted to convict him but that wasn’t enough to bar Trump from seeking future office. How strong was the defense his lawyers presented? The end of the impeachment trial doesn’t signal the end of legal exposure for Trump either. The newly elected district attorney in Fulton County, Georgia, talked to the New York Times about investigating Trump’s efforts to interfere...


First impressions of the second impeachment

Josh Barro and Ken White talk about President Trump’s lawyers’ first day of impeachment arguments, and more on the legal cases of those arrested during the riot. President Biden seeking the resignation of all Trump-appointed US Attorneys (except one), and his Department of Justice drops its suit against a former aide to Melania Trump. Plus: Palm Beach seems pretty okay with Trump living at Mar-a-Lago now, why Smartmatic’s defamation suit is looking pretty good, and more.


When you’re surprised anyone is surprised

Last week, Josh Barro and Ken White talked about the very normal legal team defending President Trump in his impeachment trial. Well, one week later, the entire team is gone and a new set of lawyers has come in. So, who are they? Are they good lawyers? Ken and Josh analyze the arguments in the briefs from the House impeachment managers and the response from Trump’s lawyers. Then: the New York Times reported on how much money President Trump spent on legal efforts to contest the election,...


Is it actually a problem to charge everyone who illegally entered the Capitol?

One week since he took office, President Biden’s got a legal problem. Josh Barro and Ken White talk about the Texas judge who ordered a temporary stop to Biden’s executive order for a 100-day moratorium on deportations. It’s pretty similar to legal issues the Trump administration had with executive orders. Ken and Josh talk about Jeffrey Clark, the top official at the Department of Justice who allegedly tried to hatch a plan to get President Trump to fire the acting attorney general and...


Last call for pardons

As President Trump was about to walk out of the White House for the last time, he made some final pardons. Ken White and Josh Barro talk about who got one in the final days of the Trump presidency, who didn’t (the Capitol rioters, Donald Trump Jr. and the other Trump children, Rudy Giuliani, Donald Trump himself), and whether that was bad legal advice. Would it have been wise for President Trump to give the self-pardon a shot? How many people, pardoned or not, are at risk for prosecution by...


Insurrection and impeachment

One week after a pro-Trump mob stormed the U.S. Capitol, interrupting the congressional proceeding that affirmed Joe Biden’s defeat of President Trump, officials from the FBI and the Department of Justice have made some arrests and have promised more are on the way. What are the charges we know about right now, and what do they mean? Are there other possible charges? And is President Trump in legal trouble for his words and conduct in support of the insurrection? Josh Barro and Ken White...


The phone call to Georgia

On Saturday, President Trump called Georgia Secretary of State Brad Raffensperger and urged him to revise Georgia’s presidential election result so he would be the winner. He told Raffensperger he only needed to find about 12,000 votes. The call went on for an hour with President Trump reciting conspiracy theories while Raffensperger and his lawyer Ryan Germany explained with remarkable patience that the problem with the president’s arguments is that they are wrong and made up. Did the...


The Show To End 2020

The Trump administration has been a remarkable time for lawyers. Often, not remarkable in a good way. Ken and Josh talk about a completely nuts meeting at the White House on Friday night in which Sidney Powell, Rudy Giuliani and Michael Flynn were urging President Trump to do some crazy things, and other advisers were urging the president not to do those crazy things. Wait, didn’t they say Sidney Powell was “practicing law on her own”? And what’s this about her being a special...


Bye Barr

Attorney General Bill Barr is leaving the administration a few days before Christmas. Is he being fired for doing the job he was supposed to do? And who is Jeffrey Rosen, who will serve as acting attorney general after Barr leaves? Hunter Biden has been under investigation by the US Attorney’s office in Delaware since 2018. It started as a money laundering investigation and in the course of that investigation, they developed questions about whether Hunter Biden was paying the taxes he was...


Knocking at the Supreme Court’s door

We’ve reached the stage in the legal efforts by President Trump’s allies to contest the election results where the Supreme Court could opt to get involved, but they’re not getting involved. Congressman Mike Kelly sought an injunction from the Supreme Court to block Pennsylvania’s certification of its election results. Despite President Trump tweeting a photo of Amy Coney Barrett with lasers coming out of her eyes, the court declined to hear it, and none of the justices went on the record...


Pardon season

It’s pardon season. Last week, President Trump pardoned Michael Flynn, his former national security adviser, for the false statements charge to which he pleaded guilty, and he’s been pardoned for certain activity he was never charged with. If this pardon was corruptly issued, is it valid? Yes. Even if the president gets in political or legal trouble for it, is it still valid? Still yes. The power to pardon is pretty close to a power a king would have, and there is no precedent for curbing...


Practicing law on her own

This week, there’s been some tension among President Trump’s lawyers. Sidney Powell appeared at press conferences with Rudy Giuliani and made wild claims about voter fraud and other random things. Now the campaign has cut her loose, saying Powell does not represent the campaign or the president in his personal capacity. What does it mean to say that Powell is just “practicing law on her own?” And is Rudy Giuliani a good lawyer? Ken White finally tells us. Josh Barro and Ken White talk...