Trump taps Will Scharf to replace David Warrington as White House counsel starting September 1

President Trump announced Sunday that White House Staff Secretary Will Scharf will take over as White House counsel next month, replacing David Warrington after a tenure that produced 24 Supreme Court victories and 54 confirmed judges.

Scharf, 40, will formally assume the role of Assistant to the President and White House Counsel on September 1, AP News reported. Warrington, who has served as counsel since the start of Trump's second term, is leaving the administration for a position in the private sector. Trump made the announcement on Truth Social, praising Scharf's legal credentials and track record.

The move installs a former federal prosecutor and seasoned Supreme Court litigator in one of the most consequential legal posts in the executive branch, at a moment when the White House faces the prospect of intensified congressional oversight if Democrats gain ground in the midterm elections.

Scharf built his reputation defending Trump before the Supreme Court

Scharf is no stranger to high-stakes legal combat on Trump's behalf. He served on the legal team that argued the landmark presidential immunity case before the Supreme Court during the Biden administration, a fight Trump has described as resistance to what he called "corrupt and illegal Weaponization." Breitbart noted that Scharf was part of the team that successfully secured broad presidential immunity in that case.

Trump's Truth Social post left little ambiguity about his confidence in the pick:

"I know Will well! He previously represented me in numerous cases, including at the Supreme Court, during the Biden Administration's corrupt and illegal Weaponization. He also previously served as a Federal Prosecutor, worked as an attorney in private practice, clerked for two Federal Appeals Court Judges, and was a top student at both Princeton University and Harvard Law School. Will is Tough, Smart, and Strong!"

Before joining the White House as staff secretary, the gatekeeper who controls the flow of documents to the president's desk, Scharf ran unsuccessfully for Missouri attorney general in 2024. He also led the National Capital Planning Commission, which oversees Trump's planned White House ballroom renovations and a triumphal arch at the Virginia end of the Memorial Bridge in Washington, D.C.

The appointment continues a pattern in this administration. At least seven lawyers who personally represented Trump now hold positions in the executive branch, including Attorney General Todd Blanche, who was confirmed after serving as one of Trump's defense attorneys in his New York criminal case.

Warrington departs with a record of judicial wins

White House Chief of Staff Susie Wiles congratulated Scharf in a post on X and thanked Warrington for what she described as "his tenure as White House counsel, Trump-Vance campaign counsel, and Trump's loyal attorney." Wiles credited the White House Counsel's Office under Warrington with a formidable record.

"The White House Counsel's Office helped deliver 24 Supreme Court victories and the confirmation of 54 judges."

Those numbers represent a substantial legal footprint for an office that has operated largely behind the scenes. Warrington served not only as White House counsel but previously as Trump's personal attorney and general counsel for the 2024 campaign. The administration has not disclosed the specific private-sector role Warrington will take.

The transition comes amid a broader season of personnel changes across the administration, with the White House pressing forward on appointments and removals in several key agencies.

Scharf pushed back on suspending habeas corpus for illegal immigrants

Scharf's move to the counsel's office also brings a notable policy dimension. The New York Times reported last month that Scharf warned the administration against suspending habeas corpus protections for illegal immigrants, a proposal pushed by Deputy Chief of Staff for Policy Stephen Miller. The Washington Examiner reported on the same internal disagreement, linking to its own coverage of Scharf's concerns.

Habeas corpus, the constitutional right to challenge government detention before a judge, is one of the oldest legal safeguards in Anglo-American law. Suspending it for any class of detainees would represent an extraordinary step, and Scharf's willingness to raise the alarm internally suggests a counsel who will weigh constitutional boundaries seriously, even when aggressive enforcement options are on the table.

The outcome of that internal debate remains unclear. But Scharf's elevation to the top legal post in the White House signals that Trump values a counsel who can both fight aggressively in court and flag legal risks before they become political liabilities. That balance has tripped up previous administrations of both parties.

Scharf's appointment also arrives as ongoing reorganizations at federal agencies continue to reshape the legal landscape the White House counsel must navigate.

Midterm stakes raise the profile of the counsel's office

The timing of the switch matters. AP News reported that the change comes as Democrats threaten investigations if they retake Congress in the midterms. A new White House counsel will need to manage executive privilege disputes, document requests, and potential subpoena fights, the kind of grinding legal warfare that defined much of Trump's first term.

Scharf's background as a former federal prosecutor, combined with his experience arguing presidential immunity at the highest court in the land, positions him for exactly that kind of fight. His clerkships for two federal appeals court judges, whose names the administration has not specified, add appellate experience to a résumé built for courtroom confrontation.

Just The News confirmed the September 1 start date and noted Scharf's dual role as both a close legal ally and a former prosecutor, a combination that has defined Trump's approach to staffing his inner circle with attorneys who have represented him personally.

Internal White House dynamics have drawn scrutiny throughout the second term, from reported clashes over policy disagreements to broader questions about how the president manages competing voices among senior staff.

An AP photograph from September 5, 2025, captured the working relationship in a single frame: Scharf handing Trump an executive order to sign in the Oval Office. That proximity, the staff secretary literally placing documents in the president's hands, now extends to the office responsible for telling the president what he can and cannot do under the law.

Several open questions remain. The administration has not said who will replace Scharf as staff secretary, what specific private-sector role drew Warrington away, or whether the National Capital Planning Commission leadership will change with Scharf's move. The White House counsel position does not require Senate confirmation, so Scharf's transition should proceed without the kind of confirmation battles that have complicated other appointments.

When the legal fights arrive, and they will, the White House will have a counsel who has already stood in front of the Supreme Court on Trump's behalf. That is not a bad place to start.

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