Loading article…
The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Office of White House Counsel, a team of lawyers and support staff who provide legal guidance for the president and the White House Office. At least when the White House counsel is advising the president on legal matters pertaining to the duties or prerogatives of the president, this office is also called counsel to the President.[1] When initially created, it was named simply Special Counsel.
David Warrington is the current White House counsel, serving since January 20, 2025.[2]
The Office of Counsel to the president and vice president was created in 1943, and is responsible for advising on all legal aspects of policy questions; legal issues arising in connection with the president's decision to sign or veto legislation, ethical questions, financial disclosures; and conflicts of interest during employment and post employment. The counsel's office also helps define the line between official and political activities, oversees executive appointments and judicial selection, handles presidential pardons, reviews legislation and presidential statements, and handles lawsuits against the president in his role as president, as well as serving as the White House contact for the Department of Justice (DOJ).[3][4]
Although the White House counsel offers legal advice to the president and vice president, the counsel does so in the president's and vice president's official capacity, and does not serve as the president's personal attorney. Therefore, controversy has emerged over the scope of the attorney–client privilege between the counsel and the president and vice president, namely with John Dean of Watergate notoriety. It is clear, however, that the privilege does not apply in strictly personal matters. It also does not apply to legislative proceedings by the U.S. Congress against the president due to allegations of misconduct while in office, such as formal censures or impeachment proceedings. In those situations the president relies on a personal attorney if he desires confidential legal advice.
ホワイトハウスおよび大統領府における同様の任命職すべてと同様に、ホワイトハウス法律顧問室も司法府とは全く異なり、分離している。また、大統領が任命するだけでなく、大統領が指名し、上院が承認する他の上級職とも種類が異なる。法曹界では、まず米国司法長官、その首席副官、その他の補佐官がこれに該当する。彼らは米国司法省を監督するために大統領によって指名される。また、米国訟務長官（司法省で4番目に高い役職）とそのスタッフもこれに該当する。訟務長官は、司法省、連邦政府、またはその職員（大統領を含む）が訴訟の当事者である場合、司法省を代表して米国最高裁判所（および下級連邦裁判所）で訴訟を弁論する。[ 5 ] ただし、ホワイトハウス法律顧問は通常、司法省とホワイトハウス間の主要な連絡窓口として機能する。