Executive Functions Chat

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 diversion away from counterterrorism and toward immigration enforcement, and leadership turnover across key agencies.
Thumbnail: FBI Joint Terrorism Task Force photo. (U.S. Government Work.)


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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 smaller importers may never recover their losses.


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Bob and Jack chat about a federal court’s preliminary injunction blocking the Defense Department’s attempt to reduce Senator Mark Kelly’s military retirement benefits, along with a grand jury’s refusal to indict six Democratic members of Congress, including Kelly, who in a video reminded service members of their duty to refuse unlawful orders. They discuss how Trump administration weaponization can be effective even with court losses, and debate possible reforms to limit politically motivated prosecutions of members of Congress, including Bob’s proposal for a court-appointed special counsel and an alternative that focuses on revising the substance of criminal statutes.
Mentioned:
“The Bad News in the D.C. Grand Jury’s Refusal to Indict Six Members of Congress” by Bob Bauer (Executive Functions, Feb. 12, 2026)


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Jack speaks with Richard Ekins, professor of law and constitutional government at Oxford University, about the United Kingdom’s plan to transfer sovereignty over the Chagos Islands to Mauritius while leasing back the Diego Garcia naval base for continued U.S.–U.K. military use—an issue that has drawn renewed attention in recent weeks after President Trump publicly criticized the proposed agreement. They discuss the historical background of the Chagos Islands dispute, the role of international courts, treaty obligations between the United States and the United Kingdom, and the strategic importance of Diego Garcia. They also examine the legal and security risks of the proposed transfer, including constraints on the use of force, nuclear nonproliferation obligations, and the question of why the United States might consent to the agreement.
Since this chat was recorded, President Trump today signaled support for the Chagos sovereignty transfer, or at least a rollback of his criticism.  He also said: “If the lease deal, sometime in the future, ever falls apart, or anyone threatens or endangers US operations and forces at our Base, I retain the right to Militarily secure and reinforce the American presence in Diego Garcia.”
Mentioned:
“Britain’s Chagos Deal Can’t Go Forward Without U.S. Consent” by Richard Ekin (National Review, Jan. 30, 2026.)


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Bob and Jack talk about grievances from President Trump’s first term that continue to shape his second-term conduct. They examine the federal search warrant recently executed at a Fulton County election facility seeking 2020 ballots, including the structure and purpose of the investigation and the president’s asserted authority to use federal law enforcement in election matters. They also discuss Trump’s $10 billion lawsuit against the IRS and the Treasury Department over the disclosure of his tax information, unpacking the basis of the claims and the institutional questions raised by a sitting president suing the executive branch he oversees.
Mentioned:
“Is the Administration Prepared to Deploy ICE to Police This Fall’s Elections?” by Bob Bauer (Executive Functions, Jan. 27, 2026)


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