The Miller Center of Public Affairs and the School of Law organized the first conference devoted entirely to consideration of the important role of White House counsels in presidential politics and in American governance. The conference paid tribute to the late Lloyd N. Cutler, who served as White House Counsel during the administrations of Jimmy Carter and Bill Clinton. Former White House counsels, presidential and legal scholars, and former Department of Justice Officials participated in panel discussions on a wide range of issues, including the war powers of the President, judicial selection, government ethics, and the defense of the Presidency.
This opening session panel took a broad look at the evolution of the White House Counsel. Panelists considered the development in the roles and functions of the White House Counsel during their tenure and over time. The panel identified some of the forces and factors that shaped this development.
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This panel explored Lloyd Cutler's contributions as Counsel to the President in two administrations. Cutler served as Counsel to President Carter from 1979-1981 and to President Clinton in 1994. Those who served with him and knew him offered their own observations and assessments of Cutler as Counsel.
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Though often referred to as the "president's lawyer," the White House Counsel also bears responsibility for defending the institutional and constitutional prerogatives of the presidency. This panel explored the role of the White House Counsel in defending the presidency, and the challenges that come with such a responsibility. Among the issues covered were executive privilege, congressional investigations, impeachment, independent counsel, and dealing with an opposition Congress.
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The Counsels' influence on legal policy is strongly felt through their role in judicial selection. Though the Department of Justice plays a central role in the staffing of the federal bench, over the past several decades final responsibility for judicial selection has shifted to the Counsel's office. This panel explored the developing role of the White House Counsel in judicial selection.
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Since the post's inception, the White House Counsel has been involved, to varying degrees, in foreign policy matters. As issues of presidential war powers have risen to prominence, so has the Counsel's office involvement in these areas. This panel examined the development of the Counsel's role in matters relating to war powers and foreign policy.
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The Counsel's office is responsible for advising the president and the White House staff on the requirements of ethics rules. This function creates a unique challenge for the Counsel charged with the sometimes conflicting roles of protecting White House officials from violations and embarrassments and assuming responsibility for ethics enforcement. Over the past two decades, this activity appears to have monopolized much of the time and attention of the Counsel's office staff. This panel examined the responsibilities of the White House Counsel's office in ethics management and the forces that created the demand for such a role.
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The close relationship between the Counsel's office and the Justice Department extends beyond judicial selection. The Counsel not only serves as the White House liaison with the Department of Justice; it relies on the Department, especially the Office of Legal Counsel, for legal opinions and recommendations, and shares legal policymaking responsibilities with the Department. This panel examined the relationship between the Department of Justice and the White House Counsel's office from the perspective of those who served at Justice.
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