Trump Names Will Scharf as White House Counsel
NYT > U.S. > Politics — 2026-08-09 20:44:00 — www.nytimes.com
Trump Announces Will Scharf as New White House Counsel, Signals Aggressive Policy Shifts
President Trump announced on Sunday that Will Scharf, his staff secretary and a deeply conservative lawyer, will replace David Warrington as White House counsel. Trump made the announcement on his social media website, stating that Scharf would begin next month. This marks one of the most significant changes in senior staff since Trump returned to Washington, with the president describing Warrington as having “done a truly outstanding job.”
Trump’s Endorsement and Scharf’s Record
Trump emphasized his familiarity with Scharf, noting that Scharf had worked on his personal legal team during the years Trump faced numerous criminal and civil cases out of office. Trump did not specify who would succeed Scharf as staff secretary, a key role in managing the flow of information to the president.
Policy Moves and Legal Battles
Scharf, who previously served as a federal prosecutor and clerked for two federal judges, played a central role in Trump’s Supreme Court arguments in 2024 regarding presidential immunity from prosecution for official acts. The Supreme Court ultimately ruled that presidents have broad immunity for official acts, a decision that nullified Trump’s federal indictments and, according to people close to Trump, emboldened him to expand executive power in his second term.
Last week, Scharf and Trump’s top policy adviser, Stephen Miller, presented two executive orders that Trump signed, aimed at restricting who qualifies for automatic citizenship when born in the United States. These orders followed a Supreme Court decision that struck down a previous Trump executive order attempting to end birthright citizenship, which is protected by the 14th Amendment.
Controversial Actions and Legal Challenges
Trump’s administration has faced criticism for bypassing established processes. For example, Trump had the East Wing of the White House demolished without public announcement, a move critics argue was illegal without congressional approval. A federal appeals court recently ruled that construction of a new ballroom on the site could not proceed without such authorization. Trump has vowed to appeal this decision to the Supreme Court.
Due Process Rights Under Threat
According to colleagues, Scharf raised concerns internally when Trump and Miller considered suspending due process rights for undocumented immigrants, a move that would have contradicted constitutional protections repeatedly upheld by the Supreme Court. Scharf reportedly advised against crossing this line, highlighting the lack of precedent for abandoning such fundamental rights.
Conclusion
Trump’s appointment of Scharf as White House counsel signals a continued push toward aggressive executive actions and legal confrontations. The president’s willingness to test constitutional boundaries—both in policy and in practice—remains a defining feature of his administration, raising ongoing questions about the limits of presidential power and the protection of individual rights.
Source: https://www.nytimes.com/2026/08/09/us/politics/trump-will-scharf-white-house-counsel.html