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9 Jul 2019, 6:00 am
On Lawfare, Jack Goldsmith and Josh Blackman have argued that Mueller’s application of the obstruction statutes to presidential conduct facially authorized by Article II is deeply flawed. [read post]
29 Jun 2019, 5:08 am
Patja Howell shared an episode of the Lawfare Podcast, in which Jack Goldsmith spoke with documentarian Errol Morris about Morris’s film on former Trump strategist Steve Bannon, as well as two of his other films regarding Robert McNamara and Donald Rumsfeld: The D.C. [read post]
24 Jun 2019, 11:40 am
ICYMI: Last Weekend on Lawfare Jen Patja Howell shared the most recent episode of the Lawfare Podcast, a conversation between Jack Goldsmith and Errol Morris about the latter’s films related to law and national security. [read post]
24 Jun 2019, 6:28 am
For the past two months, the Middle East has teetered on the edge of war. [read post]
22 Jun 2019, 10:30 am
Earlier this year, Morris sat down with Jack Goldsmith for a conversation about those three films. [read post]
20 Jun 2019, 1:13 pm
As Jack Goldsmith has written for Lawfare, the executive branch has at times advanced even broader views of the president’s legal authority, particularly in situations of national self-defense. [read post]
14 Jun 2019, 2:18 pm
Two seminal events have occurred in recent days in the ongoing oversight war between the House of Representatives and the Trump administration—and in the ongoing expansion of the doctrine of executive privilege. [read post]
8 Jun 2019, 4:47 am
As part of an ongoing debate about the attorney general’s declassification authority, Jack Goldsmith responded to a post by Benjamin Wittes and David Kris, arguing that there are good reasons to investigate the Trump campaign investigators and to give the attorney general limited declassification authority with respect to that investigation. [read post]
7 Jun 2019, 12:37 pm
” Jack Goldsmith identified four posts from the Harvard National Security Journal’s spring issue that may be of interest to Lawfare readers. [read post]
7 Jun 2019, 6:11 am
First-rate scholars have argued a range of failures, including Richard Pildes’s contention that Mueller abdicated a “core responsibility” in declining to reach a judgment on obstruction of justice and Jack Goldsmith’s argument that the Mueller report misapplied the law governing a president’s exposure to liability for obstruction.. [read post]
3 Jun 2019, 2:18 pm
Jack Goldsmith responded to a post by Benjamin Wittes and David Kris, arguing that there are good reasons to investigate the Trump campaign investigators and to give the attorney general limited declassification authority for that investigation. [read post]
1 Jun 2019, 8:52 pm
Jack Goldsmith responded with a less alarmed view of the action. [read post]
31 May 2019, 9:40 am
One is reminded, once again, of Jack Goldsmith’s observations in The Atlantic: “We have never had a president so ill-informed about the nature of his office, so openly mendacious, so self-destructive, or so brazen in his abusive attacks on the courts, the press, Congress (including members of his own party), and even senior officials within his own administration. [read post]
26 May 2019, 7:48 am
Jack Goldsmith noted that a successful prosecution of Assange will have adverse implications for mainstream U.S. news publications’ efforts to solicit, receive and publish classified information. [read post]
26 May 2019, 7:48 am
Jack Goldsmith noted that a successful prosecution of Assange will have adverse implications for mainstream U.S. news publications’ efforts to solicit, receive and publish classified information. [read post]
24 May 2019, 11:56 am
Jack Goldsmith offered a second round of thoughts on the Mueller report interpretation of the clear statement rule. [read post]
24 May 2019, 8:20 am
For example, Jack Goldsmith and Robert Williams have argued in Lawfare that the strategy of charging Chinese hackers for theft of U.S. trade secrets has failed to deter such activity, citing the public charges against Chinese state-affiliated hackers in 2017 and 2018 as reason to believe Chinese cyber theft of American intellectual property had not ceased. [read post]
23 May 2019, 1:09 pm
ICYMI: Yesterday on Lawfare: Jack Goldsmith shared the second part of his analysis criticizing Special Counsel Robert Mueller’s interpretation of the clear statement rule. [read post]
23 May 2019, 10:59 am
As Jack Goldsmith observes, “the very notion of an ‘Inter-net’ implies fragmentation. [read post]
20 May 2019, 10:55 am
Jack Goldsmith and others have argued that this rule should have been applied to Trump’s actions that involved uses of Article II powers. [read post]
