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4 Jan 2011, 6:54 am
Jack Goldsmith reaches the same conclusion:It is also important to remember, to paraphrase Justice Stewart in the Pentagon Papers, that the responsibility for these disclosures lies firmly with the institution empowered to keep them secret: the Executive branch.This is not to blame the Executive branch; it is just to emphasize that securing information is the usual remedy to balance transparency, necessary secrecy, and a free press. [read post]
4 Jan 2011, 10:59 am
Jack Goldsmith reaches the same conclusion: It is also important to remember, to paraphrase Justice Stewart in the Pentagon Papers, that the responsibility for these disclosures lies firmly with the institution empowered to keep them secret: the Executive branch. [read post]
28 Sep 2010, 8:41 am
This of course is part of a general meme pursued by people like me, Ben Wittes, Jack Goldsmith, Bobby Chesney, and oth [read post]
28 Sep 2010, 9:18 am
It’s not just a check the box consideration, a pro forma nod to a co-equal political branch; as Jack Goldsmith pointed out in The Terror Presidency, it is a good idea all on its own for plans hatched in a hermetically sealed executive branch environment to be presented to a group of legislators if only so that there is a broad based review on grounds of basic common sense. [read post]
15 Jul 2023, 6:00 am
Goldsmith SS 598/2 22 5/18/23 21-1496 Twitter, Inc. v. [read post]
13 Dec 2015, 3:47 pm
(I explained the critical constitutional difference between nonbinding and binding agreements--in the context of the recent Joint Comprehensive Plan of Action regarding Iranian nuclear capabilities--in this post with Jack Goldsmith, in the second half of this post, and in this post. [read post]
31 Jan 2025, 5:24 pm
Then, Goldsmith twice said that parody targets an “author or work. [read post]
7 Jan 2020, 7:37 am
Jack Goldsmith’s excellent book Power and Constraint covers these legal developments in detail. [read post]
8 Mar 2017, 6:17 am
And, I confess I can’t avoid a certain amount of something akin to, but not quite the same as Schadenfreude, which I capture in the following: Going by the AALS Directory, my colleagues Adrian Vermeule, Jack Goldsmith, and John Manning were hired by Harvard 10 years into their careers in the legal academy; I was hired by Harvard 33 years into my career. [read post]
14 Jul 2019, 6:01 pm
It's not Trump's behavior itself that's "normalized" the unthinkable--it's the utter absence of any concerted outrage and alarm in response.To be sure, there are a handful of brave exceptions, most of whom are employed by or write under the aegis of the Washington Post, Lawfare or "Checks and Balances," such as Max Boot, George Conway, Jennifer Rubin, Peter Keisler, Jack Goldsmith, Anne Applebaum, Don Ayer (if… [read post]
9 Jun 2020, 8:30 am
If Jack Balkin can be an originalist, why can’t we all? [read post]
29 Jul 2022, 9:07 am
Bob Bauer and Jack Goldsmith make a game attempt to respond to such concerns on Lawfare. [read post]
15 Jul 2023, 6:00 am
Goldsmith SS 598/2 22 5/18/23 21-1496 Twitter, Inc. v. [read post]
9 Feb 2018, 2:00 pm
” Jack Goldsmith, who worked in the Bush Defense and Justice Departments, called the theory “breathtaking,” explaining that if ISIS’s “remarkably loose affiliation with al Qaeda brings a terrorist organization under the 2001 law, then Congress has authorized the President to use force endlessly against practically any ambitious jihadist terrorist group that fights against the United States. [read post]
6 Aug 2015, 9:59 am
Jack Trope, JD, and Sarah L. [read post]
26 Mar 2010, 2:11 pm
[Larry Lessig and Jack Goldsmith have an op-ed in today’s Washington Post about this, which was the subject of Jonathan’s earlier posting]. [read post]
5 Dec 2011, 3:00 am
No More Jack Frost Nipping at Their Digits If your favorite lawyer must always take that urgent call, even in arctic temperatures, consider presenting a pair of touch-screen gloves. [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]
19 Mar 2007, 11:46 am
Writing last week in Slate magazine, Jack Goldsmith and Dahlia Lithwick rightly note that if the president is entitled to set the law-enforcement agenda, no one can complain if the politically appointed head of the DOJ takes steps to advance those priorities. [read post]
28 Sep 2010, 5:18 pm
UPDATE: Jack Goldsmith responds to my post by arguing that it “is not right to claim that those who support the President’s authority to make such decisions free from judicial review do not believe in legal constraints on the presidency. [read post]
