Donald F.McGahn II (Don)

Practice Leader Government Regulation

Washington + 1.202.879.3939

Former White House Counsel Don McGahn advises clients on high-stakes matters that require navigating and challenging assertions of government authority. He has successfully guided U.S. Supreme Court Justices, Presidential Cabinet members, and CEOs through some of the most divisive and closely watched Congressional hearings and investigations of the modern media age. He brings over 25 years of experience to proceedings before all three branches of government, including regulatory, oversight, and enforcement matters and litigation arising from government regulation or action.

Prior to rejoining Jones Day in 2019, Don served as Counsel to the President of the United States. As White House Counsel, Don advised Donald J. Trump on all legal issues concerning the President and his administration, including constitutional and statutory authority, administrative law, executive orders, international agreements, tariffs, trade, CFIUS, and national security. Don also managed the judicial selection process for the President. During Don's tenure, a historic number of judges were appointed to the federal bench, including two Supreme Court justices. In addition, he spearheaded President Trump's deregulation efforts, which resulted in deregulation at record rates. Following Don's departure from the White House, the President appointed him to the Council of the Administrative Conference of the United States, a nonpartisan agency dedicated to promoting improvement to administrative agency processes.

Don's accomplishments have been recognized at the highest levels of government. U.S. Senate Majority Leader Mitch McConnell stated that Don concluded his tenure "not only as the best White House Counsel I've seen on the job, but more broadly, as one of the most successful and consequential aides to any President in recent memory."

Don was nominated by President George W. Bush in 2008, and confirmed in the Senate by unanimous consent, to serve as a member of the Federal Election Commission. He also served as outside Counsel to the Committee on House Administration during the 113th and 114th Congresses and as general counsel to the National Republican Congressional Committee.

Erfahrung

  • U.S. financial institution successfully navigates House Oversight Committee investigationJones Day represented a U.S. financial institution in successfully navigating a high-profile investigation by the U.S. House of Representatives Committee on Oversight and Reform into the activities of politically sensitive clients.
  • Members of Congress' amicus brief influences U.S. Supreme Court unanimous decision vindicating property rights of elderly widowJones Day filed an amici brief in the U.S. Supreme Court, on behalf of U.S. Congressman Tom Emmer—the House Majority Whip—and three other members of Minnesota's congressional delegation, in support of Geraldine Tyler, a 94-year-old Minnesotan whose $40,000 home was taken by a Minnesota County to satisfy a $15,000 tax debt.
  • Members of Congress file amicus brief in religious liberty caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of several dozen members of Congress, in support of a football coach who was fired from his job as a public high school educator because he refused to stop engaging in a brief private prayer on the football field after games.
  • U.S. Senator Mitch McConnell files amicus brief in Free-Speech caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of U.S. Senator Mitch McConnell, in support of appellees in an important free-speech case.
  • Jones Day secures Supreme Court decision for property owners blocking CDC eviction moratoriumJones Day successfully represented property owners challenging the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions.
  • Catholic Archdiocese of Washington obtains preliminary injunction against D.C. worship restrictionsJones Day represented the Catholic Archdiocese of Washington in obtaining a preliminary injunction against the District of Columbia's COVID-related restrictions on the number of people who can attend indoor worship services.
  • U.S. Senator Mitch McConnell files amicus brief in First Amendment caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of U.S. Senator Mitch McConnell, in support of charitable organizations challenging California’s requirement that non-profit charities must disclose donor information to the California Attorney General.
  • Health care provider avoids Medicare revocation premised on violation of Medicare guidanceJones Day represented a health care provider in a Medicare revocation proceeding before the Centers for Medicare & Medicaid Services (CMS), a component of the Department of Health & Human Services.
  • Major American manufacturer reviews PREP Act immunityJones Day advised a major American manufacturer during the COVID-19 pandemic on obtaining immunity from liability for the manufacture and distribution of covered countermeasures under the Public Readiness and Emergency Preparedness Act (PREP Act).
  • CEO testifies before Congressional subcommitteeJones Day prepared the CEO of a Fortune 500 company for testimony before a subcommittee of the U.S. House of Representatives.
  • Republican House leaders and Financial Services Committee members argue that Consumer Financial Protection Bureau's structure violates Constitution's separation of powersJones Day is representing House Minority Leader Kevin McCarthy, Minority Whip Steve Scalise, and twenty-five Republican members of the House Financial Services Committee as amici in a U.S. Supreme Court challenge to the constitutionality of the Consumer Financial Protection Bureau (CFPB).
  • Biotechnology company persuades FDA to lift clinical hold on experimental gene therapyJones Day represented a biotechnology company in a lawsuit against the Food and Drug Administration (FDA) for placing a clinical hold on the company’s experimental gene therapy.