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.

Expérience

  • 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.
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