Page 27

the President and his reports on how (within the bounds of the law) to pursue and realize the President’s agenda.

While the White House Counsel does not serve as the President’s personal attorney in nonofficial matters, it is almost impossible to delineate exactly where an issue is strictly personal and has no bearing on the President’s official function. The White House Counsel needs to be deeply committed both to the President’s agenda and to affording the President proactive counsel and zealous representation. That individual directly advises the President as he performs the duties of the office, and this requires a relationship that is built on trust, confidentiality, and candor.

The Office of White House Counsel is also responsible for ensuring that each component of the White House adheres to all applicable legal and ethical guidelines, which often requires ongoing training and monitoring to ensure compliance. This means ensuring that White House staff regularly consult with office attorneys on required financial disclosures, received gifts, potential conflicts of interest, and other ethical concerns. The Office of White House Counsel is the first line of defense for the EOP. Its staff must take seriously the duty to protect the powers and privileges of the President from encroachments by Congress, the judiciary, and the administrative components of departments and agencies.

In addition to the White House Counsel, the office includes deputies, assistants, associates, and legal support staff. The assistant and associate attorneys are often specialists in particular areas of the law and offer guidance to the EOP on issues related to national security, criminal law, environmental law, and a host of administrative and regulatory matters. Attorneys working in the Office of White House Counsel serve as legal advisers to the White House policy operation by reviewing executive orders, agency regulations, and other policy-related functions. Here again, subordinates should be deeply committed to the President’s agenda and see their role as helping to accomplish the agenda through problem solving and advocacy. They should not erect roadblocks out of an abundance of caution; rather, they should offer practical legal advice on how to promote the President’s agenda within the bounds of the law.

The White House Counsel’s office cannot serve as a finishing school to credential the next set of white-shoe law firm attorneys or federal judges in waiting who cabin their opinions for fear their elite credentials could be tarnished through a policy disagreement. Rather, it should function more as an activist yet ethical plaintiffs’ firm that advocates for its client—the Administration’s agenda—within the limits imposed by the Constitution and the duties of the legal profession.

The Office of White House Counsel also serves as the primary gateway for communication between the White House and the Department of Justice (DOJ). Traditionally, both the White House Counsel and the Attorney General have issued amemo requiring all contact between the two institutions to occur only between the Office of White House Counsel and the Attorney General or Deputy Attorney

General. The next Administration should reexamine this policy and determine whether it might be more efficient or more appropriate for communication to occur through additional channels. The White House Counsel also works closely with the DOJ Office of Legal Counsel to seek opinions on, for example, matters of policy development and the constitutionality of presidential power and privileges and with OLA and the DOJ Office of Legal Policy on presidential judicial nominees.

When anew President takes office, he will need to decide expeditiously how to handle any major ongoing litigation or other pending legal matters that might present a challenge to his agenda. To offer guidance, the White House Counsel must get up to speed as quickly as possible on all significant ongoing legal challenges across the executive branch that might affect the new Administration’s policy agenda and must be prepared at the outset of the Administration to present recommendations to the President, including recommendations for reconsidering or reversing positions of the previous Administration in any significant litigation. This review will usually require consulting with the new political leadership at the Justice Department, including during the transition period.

No day is predictable at the White House. Therefore, to handle the pace and volatility of affairs, the Office of White House Counsel must offer measured legal guidance in a timely manner. This often means forgoing law review-style memos about esoteric legal concepts and instead quickly providing high-level yet incisive guidance. Due to evolving world events, domestic affairs, and political pressures, the office often faces legal questions for which there may not be a wealth of precedent. Attorneys in the Office of White House Counsel must therefore work collaboratively within the White House and the Department of Justice, relying on each other as a team, to ensure that proper legal guidance is delivered to the President.

The President should choose a White House Counsel who is well-versed in the Constitution, administrative and regulatory law, and the inner workings of Congress and the political process. Instead of choosing a specialist, the President should hire a counsel with extensive experience with a wide range of complex legal subjects. Moreover, while a candidate with elite credentials might seem ideal, the best one will be above all loyal to the President and the Constitution.

STAFF SECRETARY

The Office of the Staff Secretary is rarely visible to the outside world, but it performs work of tremendous importance. The office is similar to a military commander’s adjutant as it is responsible for fielding and managing a vast amount of information at the top ofits organization. This includes information on its way into the Oval Office as well as information flowing out from the Oval Office. Because of its gatekeeping function, the position of Staff Secretary is one of extreme trust, and the individual who possesses it should be vetted to work as an “honest broker” in the President’s service.

The Office of the Staff Secretary has been described as the last substantive control point before papers reach the Oval Office. A great deal of information is headed toward the Oval Office at any moment. This includes presidential decision memos; bills passed by Congress (which may be accompanied by signing or veto statements); and briefing books, reading materials, samples of constituent mail, personal mail, and drafts of speeches. The Staff Secretary makes certain that these materials are complete, well-ordered, and up to date before they reach the President. This necessarily means that the Staff Secretary plays a key role in determining who weighs in on policy matters and when.

As noted above, the Staff Secretary also handles information leaving the Oval Office. The President may have questions after reviewing incoming material, may wish to seek more information, or may demand revisions. The Staff Secretary is often responsible for directing these requests to the appropriate places and following up on them to ensure that they are completed.

One of the Staff Secretary’s critical functions is managing and overseeing the clearance process for the President’s daily/nightly briefing book. This book is filled with all the reading material and leading documentation the President needs in the morning and the evening to help him make decisions. The Staff Secretary also oversees the use of the President’s signature, whether by hand or by autopen, and manages the Office of the Executive Clerk, Office of Records Management, and Office of Presidential Correspondence.

OFFICE OF COMMUNICATIONS

The Office of Communications, which operates under the Director of Communications, conveys the President’s agenda to the public through various media, including speeches and remarks, press briefings, off-the-record discussions with reporters, and social media. Depending on how a President chooses to structure his White House, the Office of Communications may include the Office of the Press Secretary (Press Office), but no matter how it is structured, the office must work closely with the Press Office as well as the President’s speechwriters and digital strategists.

Operational functions of the Office of Communications include scheduling and running press briefings, interviews, meetings, media appearances, speeches, anda range of other events. The Office of Communications must maintain robust relationships with the White House Press Corps, the White House Correspondents’ Association, regional stakeholders, and key interest groups. No legal entitlement exists for the provision of permanent space for media on the White House campus, and the next Administration should reexamine the balance between media demands and space constraints on the White House premises.

Leadership within the Office of Communications should include a Communications Director (who is a direct report to the Chief of Staff), a Deputy

Communications Director, a Deputy Director for Strategic Communications, and a Press Secretary. This leadership team must work together closely to drive the national narrative about the White House.

The best resource for the Office of Communications is the President. The President conveys the White House’s overall message through one or two inaugural addresses, State of the Union addresses, speeches to Congress, and press conferences. The office must also ensure that the various White House offices disseminate aunified message to the public. The Communications Director and Press Secretary in particular should be careful to avoid contradicting the President or delivering conflicting information.

The speechwriting team is a critical component of the communications team. Speechwriting is a unique talent: The writers selected must understand policy, should have a firm grasp of history and other liberal-arts disciplines, and should be able to learn and adopt the President’s style of rhetoric and mode of delivery.

The Press Secretary is the President’s spokesperson, communicating to the American people through the media. The Press Secretary engages with the White House Press Corps formally through press briefings and informally through impromptu gaggles and meetings. Individuals who serve in this role must be quick on their feet, which means, when appropriate, deftly refuting and rebutting correspondents’ questions and comments.

The Communications Director must convey the President’s mission to the American people. Especially for conservatives, this means navigating the mainstream media to ensure that the President’s agenda is conveyed effectively and accurately. The Communications Director must be politically savvy and very aware of the ongoing activities of the other White House offices. The new Administration should examine the nature of the relationship between itself and the White House Correspondents Association and consider whether an alternative coordinating body might be more suitable.

OFFICE OF LEGISLATIVE AFFAIRS (OLA)

Created by President Dwight Eisenhower, the OLA has continued to serve as the liaison between the White House and Congress. The White House must work with congressional leaders to ensure presidential nominees, for roles such as Cabinet secretaries and ambassadors, are confirmed by the Senate. The White House also relies on Congress to enact reforms promised by the President on the campaign trail, whether those promises relate to health care, education, or national defense. Because Congress holds the power of the purse, White House staffers must ensure that there is enough support on the Hill to secure the necessary funding through the appropriations process to fulfill the President’s agenda.

The OLA reports directly to the Chief of Staff and in some Administrations has done so under the guidance of a Deputy Chief of Staff (usually the Deputy Chief

for Policy). Regardless of the person to whom the OLA reports, however, the office exercises a certain autonomy on behalf of the President and the Chief of Staff in directly influencing congressional leaders of both major political parties. The OLA often must function as the mediator among the parties and find common ground to facilitate the successful enactment of the President’s agenda.

As is the case with many White House offices (but especially the Office of Communications), the OLA must ensure that congressional leaders receive one unified message. If other actors within the White House maintain their own relationships with congressional leaders and staffers, it may appear that the President’s agenda is fractured and lacks consensus. This dynamic has caused real problems for many Presidents in the past.

Internally, OLA staffers need to be involved in policy discussions, budget reviews, and other important meetings. They must also provide advice to policy staffers regarding whether certain ideas are politically feasible. Externally, OLA staffers have to communicate continuously with congressional offices of both parties in both the House and the Senate to ensure that the President has enough support to enact his legislative priorities or sustain votes.

The OLA requires staffers who are effective communicators and can provide a dose of reality to other White House staffers when necessary. Although a policy proposal from within the White House may be a great idea, OLA staffers must ensure that it is politically feasible. OLA staffers must therefore be skilled in both politics and policy. Furthermore, the President should seek out individuals who can advance his agenda and at the same time forge pathways with members of the opposing political party on other priorities.

Most important, the OLA must function as a well-oiled machine: precisely synced. The President cannot afford to have a tennis player on—much less as the leader of—his football team.

OFFICE OF PRESIDENTIAL PERSONNEL (PPO)

The political axiom that “personnel is policy” was popularized under President Ronald Reagan during the 1981 presidential transition. One of the most important offices in the White House is the PPO, which was created under President Richard Nixon to centralize political appointments. Departments and agencies had and still have direct legal authority on hiring and firing, but the power to fill Schedule C positions—the core of political jobs—is vested with the President. Therefore, the White House, not the department or agency, has the final word on political appointments.

PPO’s primary responsibility is to staff the executive branch with individuals who are equipped to implement the President’s agenda. Although its focus should be identifying and recruiting leaders to fill the approximately 1,000 appointments that require Senate confirmation, PPO must also fill approximately 3,000 political jobs that require dedicated conservatives to support the Administration’s political leadership.

—' 3) —

Frequently, many medium-tier and top-tier jobs have been filled by policy

experts tasked with accomplishing much of the work of the Administration. At

the same time, appointees in the entry-level jobs have brought invaluable energy

and commitment to the White House and have proved to be the “farm team” for

the conservative movement.

The Office of Presidential Personnel is responsible for:

Identifying potential political personnel both actively through recruitment and passively by fielding resumes and adjudicating requests from political actors.

Vetting potential political personnel by conducting political background checks and reviewing any clearance and fitness assessments by departments and agencies.

Making recommendations to the President and to other appointment authorities on behalf of the President.

Identifying programmatic political workforce needs early and developing plans (for example, Schedule F).

Maintaining a strong relationship with the Office of Personnel Management (OPM) both for operational purposes and to effectuate the President’s direct Title 5 authorities. The President is in charge of the federal workforce and exercises control principally by working through the Director of the Office of Personnel Management.

Training and connecting political personnel. Playing “bad cop” in a way that other White House offices cannot (including serving as the office that takes direct responsibility for firings

and hirings).

Serving as a personnel link between conservative organizations and the executive branch.

In most Administrations, PPO will staff more than 100 positions during a transi

tion and thousands of noncareer positions during the President’s first term. Direct

authority and a strong relationship with the President are necessary attributes for

any PPO Director. Historically, PPO has had direct review and control of personnel

files, including security clearance dossiers.

At the highest level, PPO is tasked with long-term, strategic workforce development. The “billets” of political appointments are of immense importance in credentialing and training future leaders. In addition, whatever one’s view of the constitutionality of various civil service rules (for example, the Federal Vacancies Reform Act of 1998°) might be, it is necessary to ensure that departments and agencies have robust cadres of political staff just below senior levels in the event of unexpected vacancies.

OFFICE OF POLITICAL AFFAIRS (OPA)

The OPA is the primary office within the executive branch for managing the President’s political interests. Although its specific functions vary from Administration to Administration, the OPA typically serves as the liaison between the President and associated political entities: national committees, federal and state campaigns, and interest groups. Within legal guidelines, the OPA engages in outreach, conducts casework, and—if the President is up for reelection—assists with his campaign. The OPA may also monitor congressional campaigns, arrange presidential visits with other political campaigns, and recommend campaign staff to the Office of Presidential Personnel for service in the executive branch.

The OPA further serves as a line of communication between the White House and the President’s political party. This includes both relaying the President’s ambitions to political interests and listening to the needs of political interests. This relationship allows for the exchange of information between the White House and political actors across the country. The OPA should have one director of political affairs who reports either to the Chief of Staff or to a Deputy Chief of Staff. The OPA should also include various deputy directors, each of whom is responsible for a certain geographical region of the country.

Because nearly all White House activities are in some way inherently political, the OPA needs to be aware of all presidential actions and activities—including travel, policy decisions, speeches, nominations, and responses to matters of national security—and consider how they might affect the President’s image. The OPA must therefore have a designated staffer who communicates not only with other White House offices, but also with the Cabinet and executive branch agencies.

OFFICE OF CABINET AFFAIRS (OCA)

The OCA’s role has changed to some degree over the course of various Administrations, but its overriding function remains the same: to ensure the coordination of policy and communication between the White House and the Cabinet. Most important, the OCA coordinates all Cabinet meetings with the President. It should also organize and administer regular meetings of the Deputy Secretaries because they also typically serve vital roles in the departments and agencies and, further, often become acting secretaries when Cabinet members resign.

There should be one Cabinet Secretary who reports to the Chief of Staff’s office, either directly or through a deputy chief, according to the chief’s preference and focus. The Cabinet Secretary maintains a direct relationship with all members of the Cabinet.

The OCA further consists of deputies and special assistants who work with each department’s principal, Deputy Secretary, Under Secretaries, Assistant Secretaries, and other senior staff. The OCA also connects the departments to WHO offices.

The OCA coordinates with the Chief of Staff’s office and the Office of Communications to promote the President’s agenda through the Cabinet departments and agencies. The Cabinet’s communications staffers are obviously another critical component of this operation.

In prior Administrations, the OCA has played a vital role by tracking the President’s agenda for the Chief of Staff, Deputy Chiefs, and senior advisers. It has worked with each department and agency to advance policy priorities. In the future, amplifying this function would truly benefit both the President and the conservative movement.

From time to time throughout an Administration, travel optics, ethics challenges, and Hatch Act’ issues involving Cabinet members, deputies, and senior staffers can arise. The OCA is normally tasked with keeping the WHO informed of such developments and providing support if and when necessary.

The ideal Cabinet Secretary will have exceptional organizational skills and be a seasoned political operative or attorney. Because many Cabinet officials have been former presidential candidates, governors, ambassadors, and Members of Congress, the ideal candidate should also possess the ability to interact with and persuade accomplished individuals.

OFFICE OF PUBLIC LIAISON (OPL)

The OPLis critically important in building coalitions and support for the President’s agenda across every aligned social, faith-based, minority, and economic interest group. It is a critical tool for shaping public opinion and keeping myriad supporters, as well as “frenemies” and opponents alike who are within reach, better informed.

The OPLis a notably large office. It should have one Director who reports to the Chief of Staff’s office, either directly or through a deputy, according to the chief’s preference and focus. The Director must maintain relationships not only with other WHO heads, but also with the senior staff of every Cabinet department and agency. Since a President’s agenda is always in motion, it is important for the OPL to facilitate listening sessions to receive the views of the various leaders and members of key interest groups.

The OPL should also have a sufficient number of deputies and special assistants to cover the vast number of disparate interest groups that are engaged daily. The