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13 Jun 2018, 11:19 am by David Pozen
Its precise elements have shifted some over time, but as Jack Goldsmith explains in a riveting new essay on “The Failure of Internet Freedom,”* it has consistently been anchored in the principles of (as Goldsmith puts it) “commercial non-regulation” and “anti-censorship. [read post]
12 Jun 2018, 10:46 am by Victoria Clark
Jack Goldsmith shared the spring 2018 Issue of Harvard National Security Journal. [read post]
11 Jun 2018, 4:30 am by Quinta Jurecic
Whether or not the president can pardon himself is, as Jack Goldsmith recently noted, a question to which there is “no obvious right answer. [read post]
9 Jun 2018, 5:24 am by Victoria Clark
And Jack Goldsmith collated the plethora of opinions on whether the president actually has the power to pardon himself. [read post]
7 Jun 2018, 1:13 pm by Victoria Clark
Jack Goldsmith and Stuart Russell considered the implications of a digital world on U.S. international relations. [read post]
6 Jun 2018, 12:11 pm by Victoria Clark
” Curtis Bradley and Jack Goldsmith argued that the Justice Department’s Office of Legal Counsel’s test for unilateral uses of force provides no meaningful constraint on executive power. [read post]
6 Jun 2018, 9:00 am by Josh Blackman
” My colleague Jack Goldsmith added, “[e]veryone is assuming that when Trump makes these now commonplace threats, he is acting with corrupt intent, and maybe he is,” Goldsmith added. [read post]
6 Jun 2018, 5:49 am by Matthew Weybrecht
Defining the “Norm” As a threshold matter, Jack Goldsmith has pointed out that the idea that presidents “strictly comply” with the norm against weighing in on specific investigations is naïve. [read post]
4 Jun 2018, 9:14 am by Deborah Pearlstein
  First, again pace Goldsmith, to the extent the Obama Administration had previously cited the interest in deterring the use of chemical weapons as a compelling U.S. concern (surrounding Syria’s 2013 use of chemical weapons), that particular instance of presidential practice must be understood to stand for the very opposite conclusion the 2018 OLC opinion reaches here. [read post]
4 Jun 2018, 6:09 am by Quinta Jurecic, Benjamin Wittes
To read the reactions to the letter President Trump’s lawyers sent to Special Counsel Robert Mueller in January, one might think the constitutional order had melted down over the weekend. [read post]
3 Jun 2018, 8:39 am by Sabrina I. Pacifici
“We don’t know what the law is on the intersection between the obstruction statutes and the president exercising his constitutional power to supervise an investigation in the Justice Department,” said Jack Goldsmith, a Harvard Law School professor who oversaw the Justice Department’s Office of Legal Counsel during the Bush administration. [read post]
2 Jun 2018, 10:35 am by Rachel Bercovitz
Jack Goldsmith contended that the opinion was unsurprising—and indeed “follows straightforwardly from Obama-era legal opinions. [read post]
1 Jun 2018, 1:04 pm by Sarah Tate Chambers
Maddie McMahon and Jack Goldsmith summarized publicly available opinions on pardons as they relate to the Russia investigation and provide a list of all Justice Department pardon opinions. [read post]
26 May 2018, 7:19 am by Rachel Bercovitz
After the meeting, Kahn posted a special edition of the Lawfare Podcast featuring Bob Bauer, Jack Goldsmith, David Kris and Benjamin Wittes on the developments. [read post]
21 May 2018, 7:52 pm by Matthew Kahn
Bob Bauer, Jack Goldsmith and David Kris join Benjamin Wittes to discuss the sequence of events between the Justice Department, the FBI, the House intelligence committee and the White House over the last few days and the resolution arranged at the White House on Monday afternoon. [read post]
19 May 2018, 7:17 am by Rachel Bercovitz
John Dehn responded to Jack Goldsmith’s and Michael Glennon’s arguments regarding U.S. constitutional and international laws that regulate the use of war powers. [read post]
15 May 2018, 11:09 am by Hayley Evans
John Dehn responded to the Jack Goldsmith-John Glennon debate on the similarities between American constitutional and international law’s regulating the use of war powers by offering two critiques and a different approach based on Hart’s views on international law and Locke’s liberal political principles. [read post]
14 May 2018, 4:30 am by John Dehn
In his April 16 post on the similarities between American constitutional and international laws regulating the use of war powers—an analysis similar to but narrower than his 2009 law review article written with Daryl Levinson—Jack Goldsmith suggests that these rules may no longer be law. [read post]
12 May 2018, 7:01 am by Rachel Bercovitz
Meanwhile, Jack Goldsmith argued that Trump’s decision is a direct outgrowth of the way in which the Obama administration structured the Iran deal—as a political commitment rather than a binding agreement under international law. [read post]