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Donald McGahn

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Donald McGahn
Donald McGahn.jpg
Basic facts
Organization:Donald Trump presidential administration
Role:Former White House Counsel
Location:Washington, D.C.
Education:•University of Notre Dame
•Widener University

Donald McGahn is an election and campaign lawyer. He was the White House counsel for Donald Trump's (R) presidential administration from January 20, 2017, to October 17, 2018.[1] McGahn previously served as the campaign lawyer for Trump's 2016 presidential campaign.[2][3]

Prior to joining the Trump administration, McGahn was a partner at Jones Day, a financial consulting firm in Washington, D.C., and a former commissioner and chairman of the Federal Election Commission, where he "rewrote virtually all of the FEC's procedures for audits, enforcement matters, and advisory opinions."[4]

Career

Early career and FEC

McGahn spent 10 years as the general counsel for the National Republican Congressional Committee (NRCC), where "he introduced several innovations, including what has become the standard structure for making independent expenditures."[4] He was appointed to the FEC in 2008 where he oversaw major changes in campaign finances laws. Of his legacy at the FEC, The Washington Post noted the more open nature of FEC procedures: "McGahn pushed to allow campaigns and party committees to present their sides of cases in open session rather than behind closed doors."[5] The paper also reported that McGahn "helped push a conservative interpretation of campaign-finance laws and persistent skepticism about government oversight of political campaigns."[5]

Private practice

In 2013, McGahn stepped down from the FEC to rejoin his former firm, Patton Boggs, as partner. [6] He then moved to Jones Day as partner.[4]

Presidential election, 2016

For the 2016 election cycle, McGahn advised Donald Trump's presidential campaign and served as chief counsel for Rick Perry's presidential campaign.[2][7]

Donald Trump presidential campaign, 2016

See also: Donald Trump presidential campaign key staff and advisors, 2016

In April 2016, The Washington Post described McGahn's place in Trump's campaign as "the most entrenched Beltway insider in a campaign run by outsiders who owe their careers to Trump — which means McGahn may have the most to lose by appearing in frame with the candidate as he lobs bombs on the nation’s capital."[8]

White House counsel

On November 25, 2016, McGahn was named White House counsel for Donald Trump's presidential administration.[1] The White House counsel's office—which typically consists of about 20 lawyers—is responsible for reviewing and vetting the legal aspects of all executive actions. The White House Transition Project provides the following job description for the role:[9]

The myriad tasks of this complex office include: monitor ethics matters; coordinate the president’s message and agenda within the executive branch units; negotiate on the president’s behalf with Congress and other vectors; recommend actions to the president; and translate or interpret the law in its broadest context throughout the Executive branch. Often overlooked is its separate role as protector of the Office, in everything from scrutinizing the security of its workers to the legal boundaries all must maintain.[10]

Michael Flynn hiring and resignation

On January 4, 2017, during the transition, former Trump advisor Michael Flynn told McGahn—then serving as the transition team's chief lawyer—that Flynn was under federal investigation for his work as a paid lobbyist for Turkey during the presidential campaign. Days after Trump's inauguration, after McGahn was named White House counsel, acting Attorney General Sally Yates informed McGahn that the Justice Department believed Flynn to be vulnerable to blackmail based on the department's investigations.[11]

After Yates spoke with McGahn, press secretary Sean Spicer said McGahn questioned Flynn and concluded that Flynn had not violated the law.[12] Flynn resigned on February 13 after it was revealed that he had misled Vice President Mike Pence about the nature of his contacts with foreign governments.[13]

Executive order on immigration

After Trump issued his first executive order concerning immigration, McGahn issued a document of authoritative guidance on interpreting some of the document's details. The initial executive order did not specify whether certain provisions regarding travel restrictions applied to permanent legal residents. McGahn's guidance memo to the departments of State, Homeland Security, and Justice read, in part, "I understand that there has been reasonable uncertainty about whether those provisions apply to lawful permanent residents of the United States. Accordingly, to remove any confusion, I now clarify that Sections 3(c) and 3(e) do not apply to such individuals. ... Please immediately convey this interpretive guidance to all individuals responsible for the administration and implementation of the Executive Order."[14]

Stances

Campaign finance regulation

McGahn was a critic of campaign finance regulation. In 2011, he told the Center for Responsive Politics, "People who may want to participate in politics shouldn’t have to read 500 pages of regulations to run for office. It really discourages people from participating when they see a very thick rulebook. There’s got to be a better way. And it’s not by passing more regulation; it’s by simplifying what we have."[15]

See also

External links

Footnotes

  1. 1.0 1.1 The Wall Street Journal, "Donald Trump Selects Donald McGahn as White House Counsel," November 25, 2016
  2. 2.0 2.1 The Washington Post, "Trump says he is serious about 2016 bid, is hiring staff and delaying TV gig," February 25, 2015
  3. NPR.org, "White House Lawyer Quits After Helping Trump Put His Mark On The Federal Bench," October 17, 2018
  4. 4.0 4.1 4.2 Jones Day, "Donald F. McGahn," accessed August 26, 2015
  5. 5.0 5.1 The Washington Post, "Former FEC chairman Donald McGahn resigns from panel," September 17, 2013
  6. Squire Patton Boggs, "Former FEC Commissioner Donald McGahn Rejoins Patton Boggs," September 19, 2013
  7. Politico, "The power players behind Rick Perry's campaign," June 30, 2015
  8. The Washington Post, "Trump’s own Beltway establishment guy: The curious journey of Don McGahn," April 11, 2016
  9. The White House Transition Project, "The White House Counsel's Office," accessed June 2, 2017
  10. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. The New York Times, "Trump Team Knew Flynn Was Under Investigation Before He Came to White House," May 17, 2017
  12. CNN, "Who is Donald McGahn?" May 10, 2017
  13. The New York Times, "Michael Flynn Resigns as National Security Adviser," February 13, 2017
  14. Politico, "White House tweaks Trump's travel ban to exempt green card holders," February 1, 2017
  15. Center for Responsive Politics, "Federal Election Commissioner Donald McGahn Criticizes ‘Overreach’ of Campaign Finance Regulations," March 21, 2011