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22 Feb 2018, 9:00 am by Charlie Dunlap
In announcing that 13 Russian nationals and three Russian companies were being charged for “seeking to interfere in the United States political system,” Deputy Attorney General Rod Rosenstein made it clear that the indictment contained “no allegation … that the charged conduct altered the outcome of the 2016 election. [read post]
22 Feb 2018, 6:00 am by Josh Blackman
” (As Jack Goldsmith observed, though the “majority in Zivotofsky II appeared to distance itself from some aspects of Curtiss-Wright,” it did not “repudiate” the decision.) [read post]
22 Feb 2018, 4:00 am by Phillip Carter
Unfortunately, as both Jack Goldsmith and I have noted, Trump has shredded one civil-military relations norm after another. [read post]
21 Feb 2018, 12:52 pm by William Ford
Kahn posted the Lawfare Podcast, a conversation between Jack Goldsmith and Phil Carter on civil-military relations. [read post]
20 Feb 2018, 4:02 pm by Matthew Kahn
This week, Jack Goldsmith speaks to Phil Carter, a senior fellow at the Center for a New American Security, about the history of civil-military relations, episodes that highlight the Trump administration's departure from that tradition, and what that may mean for the future. [read post]
20 Feb 2018, 10:11 am by William Ford
Jack Goldsmith argued that the special counsel’s indictment of Russian hackers could unwittingly aid U.S. adversaries. [read post]
18 Feb 2018, 10:36 am by Timothy Edgar
  Jack Goldsmith, for example, has proposed limiting U.S. [read post]
14 Feb 2018, 1:12 pm by Justin Florence, Allison Murphy
 As Jack Goldsmith detailed on Lawfare: The Executive branch, and most notably the Office of Legal Counsel, has through its legal opinions developed an elaborate set of constitutional justifications for unilateral presidential military action. [read post]
10 Feb 2018, 5:26 am by William Ford
Jack Goldsmith discussed the implications of the White House counsel’s cover letter to the release of the Nunes memo. [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]
5 Feb 2018, 11:52 am by William Ford
ICYMI: This Weekend on Lawfare Jack Goldsmith discussed the implications of White House Counsel Donald McGahn's cover letter to the release of the Nunes memo. [read post]
3 Feb 2018, 5:10 am by William Ford
Jack Goldsmith pondered whether there is any coincidence in the recent spate of stories painting White House counsel Donald McGahn in a different, more positive light. [read post]
31 Jan 2018, 1:03 pm by William Ford
   Jack Goldsmith explained the complex system of checks and balances that make the Justice Department and the FBI simultaneously independent of and accountable to the president. [read post]
29 Jan 2018, 1:51 pm by Benjamin Wittes
Jack Goldsmith has asked questions of his own, such as why Rosenstein has not recused himself from the Mueller investigation when his own involvement in Comey’s firing would seem to require it. [read post]
29 Jan 2018, 12:52 pm by William Ford
Jack Goldsmith wondered whether there’s any coincidence in the recent spate of stories painting Don McGahn in a different light. [read post]
27 Jan 2018, 6:43 am by William Ford
Wittes posted a special edition of the Lawfare Podcast in which he discussed the Times story with Bob Bauer, Carrie Cordero, Jack Goldsmith and Steve Vladeck: Bob Bauer argued that White House Counsel Donald McGahn protected the institution of the White House counsel when he threatened to resign rather than execute President Trump’s order to fire Mueller. [read post]
26 Jan 2018, 8:56 am by Matthew Kahn
Wittes posted a special edition of the Lawfare Podcast on the Times story with Jack Goldsmith, Steve Vladeck, Carrie Cordero, and Bob Bauer. [read post]
25 Jan 2018, 8:19 pm by Benjamin Wittes
Joining me on the recorded conference call (pardon the audio quality) were Lawfare contributors Jack Goldsmith, Steve Vladeck, Carrie Cordero, and Bob Bauer. [read post]
On the other hand, as Jack Goldsmith argued on an upcoming special edition of the Lawfare Podcast, the fact that Trump could not get his own White House counsel to execute his will on this point shows that the president really is constrained in his apparent desire to shut down the Russia investigation. [read post]