There are about 40 people in the Office of the Counsel to the President. In recent history the office has tended to start with approximately 15 lawyers and grow over time as the complexity of legal issues facing the president expands. Generally, the office consists of one or two deputy counsels, a varying number of associate and assistant counsels, a special counsel when a “short-term crisis issue” arises, a senior counsel and various support staff. The counsel to the president also manages the ethics counsel.
• Advises on presidential powers and defense of presidential constitutional prerogatives, including but not limited to: executive privilege, presidential disability and succession.
• Serves as an advisor on the presidency as an institution, not as the president’s personal lawyer
• Makes recommendations regarding editing and clearing presidential statements and speeches
• Writes executive orders
• Oversees and participates in presidential nominations and appointments to executive and judicial branches (supervises the vetting and clearance process, prepares nominee for confirmation hearing)
• Advises on presidential actions relating to the legislative process
• Advises on ethical questions, including but not limited to: educating staffers on ethics of rules and records management, and monitoring adherence (for the whole administration, establishes guidelines at start of administration)
• Monitors and handles department, agency and White House staff contacts with the Department of Justice
• Reviews all investigations and associated proceedings that focus on the White House
• Advises on matters relating to the president’s exercise of his war powers
• Advises on proposed invocations of executive privilege4
• Does all preparatory work on Supreme Court nominees
• Liaises with Office of Legal Counsel in the Department of Justice