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26 Apr 2008, 10:02 am
Hint: not Jack Goldsmith's The Terror Presidency (2007) or Charlie Savage's Takeover: The Return of the Imperial Presidency (2007). [read post]
16 Apr 2008, 3:47 pm
We also might reflect on the points made about Yoo in Neal Katyal's New Republic review of Jack Goldsmith's book about the limits of academic creativity. [read post]
11 Apr 2008, 12:39 pm
  To some extent, that argument is weakened by the existence of conservative lawyers like Jack Goldsmith, who stood up to a great deal of pressure to defend the ideal of the rule of law. [read post]
9 Apr 2008, 7:23 pm by Jack Balkin
.' " Morever, the committee's approvals, it appears, continued even after Jack Goldsmith disavowed the Yoo torture memos: [T]he CIA had captured a new al Qaeda suspect in Asia. [read post]
9 Apr 2008, 3:15 pm
.'"Moreover, the committee's approvals, it appears, continued even after Jack Goldsmith disavowed the Yoo torture memos:[T]he CIA had captured a new al Qaeda suspect in Asia. [read post]
8 Apr 2008, 1:47 pm
It is widely believed that the court will hold that Guantánamo detainees have some right to file habeas corpus petitions in federal court challenging the legality of their detention, and The New Yorker article describes how the Bush administration might use that ruling and the upcoming election to pressure Congress to create another flawed and unfair system — a "National Security Court" proposed by law professors Neal Katyal and Jack… [read post]
6 Apr 2008, 11:32 am
That's why one of the things I liked most about Jack Goldsmith's column this week on the rule of law in the "war on terror" is that its "fixing it" premise accepts the reality that something is broken. [read post]
3 Apr 2008, 9:13 am
Jack Goldsmith's book certainly makes it sound as if, when Jack arrived in October 2003 and advised the White House that GC IV did apply to civilians detained in Iraq, it came as a shock to the White House. [read post]
3 Apr 2008, 4:38 am
  We want to take risks.'"  (For support for all this, and more, read the excellent recent books by Jack Goldsmith and Charlie Savage.) [read post]
2 Apr 2008, 9:47 am
An OLC legal conclusion does establish the official views of the Executive branch unless overruled by the President, the Attorney General, or OLC itself (as Jack Goldsmith did in the last week of 2003). [read post]
1 Apr 2008, 7:02 pm
No wonder Jack Goldsmith thought Yoo was reaching far beyond where he needed to go, not to mention what the state of the law would actually support. [read post]
1 Apr 2008, 3:50 pm
In his book The Terror Presidency, my friend Jack Goldsmithâ€â [read post]
1 Apr 2008, 1:25 pm
(Recall Jack Goldsmith writing about Pat Philbin presenting him with a "short stack" of egregious memos.) [read post]
1 Apr 2008, 10:15 am
(In late 2004, new OLC head Jack Goldsmith reviewed the March 2003 memo, was stunned by what he later called the "unusual lack of care and sobriety in [its] legal analysis" -- it "seemed more an exercise of sheer power than reasoned analysis" -- and immediately called the Pentagon to implore them not to rely upon it. [read post]
31 Mar 2008, 6:13 am
He confirms Jack Goldsmith's earlier testimony that the Deputy Attorneys General (Larry Thompson and then Jim Comey) were not permitted to be read into the program and, more astonishingly still, that the lawyers at the NSA itself were not permitted to see the John Yoo-penned legal opinions that provided the basis for the program the NSA was operating! [read post]
31 Mar 2008, 2:17 am
He confirms Jack Goldsmith's earlier testimony that the Deputy Attorneys General (Larry Thompson and then Jim Comey) were not permitted to be read into the program and, more astonishingly still, that the lawyers at the NSA itself were not permitted to see the John Yoo-penned legal opinions that provided the basis for the program the NSA was operating! [read post]
27 Mar 2008, 9:40 pm
Eric quotes Jack Goldsmith as having written that the "revelations by Risen and Lichtblau had alerted our enemies, put our citizens at risk, and done ‘great harm' to the nation. [read post]
27 Mar 2008, 9:24 pm
  Jack Goldsmith, who can claim a measure of credibility and who has seen classified information that we have not, says: "I agreed with President Bush that revelations by Risen and Lichtblau had alerted our enemies, put our citizens at risk, and done ‘great harm' to the nation. [read post]
27 Mar 2008, 2:21 pm
  (Ironically, as Jack Goldsmith relates in his book, The Terror Presidency, government lawyers who had expressed doubts about the legality of the program had won the day, and were working to put the program on sounder legal footing, long before the story was published.) [read post]