In August 2023, lawyers Will Scharf, D. John Sauer, and Michael Talent, then practicing together in St. Louis, accepted an invitation from former President Donald J. Trump’s campaign amid a period of heightened legal challenges for Trump and his associates. Despite Trump’s contentious standing in legal circles following the Capitol riot and ensuing prosecutions, the trio secured pivotal roles within the federal government after successfully arguing before the Supreme Court to obtain broad immunity for Trump against criminal prosecution.
Among these appointments, 40-year-old Will Scharf is set to become the White House counsel in the coming month. His new role positions him as the principal legal advisor to the president, a responsibility that has proven complex given Trump’s history of selective listening and disregard for legal constraints. Scharf, noted for his distinct personality traits—such as a penchant for cowboy boots and black coffee—will navigate a challenging environment where aligning legal oversight with presidential impulses is fraught with tension.
Scharf’s prior tenure at the White House as staff secretary reveals a willingness to challenge certain proposals from senior aides when they conflicted with constitutional principles. Notably, he opposed ideas including suspending due process for undocumented immigrants and invoking the Insurrection Act to deploy military forces domestically during protest periods. However, close associates describe Scharf as prioritizing the president’s agenda over personal objections. Mike Fragoso, a longtime acquaintance and former counsel to Senator Mitch McConnell, characterized Scharf’s approach as one focused on enabling presidential objectives within legal boundaries rather than advising against actions.
During Trump’s administration, Scharf also chaired the National Capital Planning Commission, overseeing the expedited approval of several presidential initiatives, including a controversial $400 million ballroom construction on White House grounds. Critics, such as Jon Golinger of Public Citizen, have labeled Scharf’s role on the commission as largely uncritical, describing him as a “rubber stamp” for the president’s projects. Scharf resigned from this position in late August 2023.
Historical context highlights the divergent styles among Trump’s previous White House counsels. Donald F. McGahn II notably resisted Trump’s efforts concerning the Russia probe, including refusing to execute orders to dismiss Special Counsel Robert S. Mueller III. McGahn’s successor, Pat A. Cipollone, along with deputy Patrick F. Philbin, actively opposed attempts to overturn the 2020 election results and cautioned against legally perilous strategies surrounding the January 6 Capitol attack. By contrast, the outgoing White House counsel, David Warrington, is described as having supported many of Trump’s more aggressive measures without public dissent.
Scharf’s background reflects a blend of elite education and conservative activism. Raised in an affluent Manhattan family, he attended Princeton University, where he majored in history and engaged in conservative campus politics with notable intensity. Following Princeton, he earned his law degree from Harvard, where he chaired the university’s Federalist Society chapter, positioning him within influential conservative legal networks. His early career included clerking for a federal judge appointed by President George W. Bush and serving as a federal prosecutor in Missouri before entering national politics.
His political pursuits in Missouri included an unsuccessful campaign for attorney general, during which he produced a memorable advertisement featuring the use of a grenade launcher to destroy boxes labeled as holding criminal files against Trump. His subsequent work in Washington encompassed roles supporting Supreme Court nominations of conservative jurists Brett M. Kavanaugh and Amy Coney Barrett.
As White House counsel, Scharf will be tasked with offering legal guidance amid ongoing tensions between adherence to constitutional norms and the demands of a president known for confronting legal limits. Observers express cautious hope that Scharf’s tenure may reflect a degree of independence when constitutional principles are at stake, although opinions diverge on the extent to which he will challenge or facilitate the president’s agenda behind closed doors.