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25 Apr 2018, 11:01 am
Jack Goldsmith summed up the Court’s decision in six letters on Twitter: ATS, RIP. https://t.co/Dn6gGFZdYh — Jack Goldsmith (@jacklgoldsmith) April 24, 2018 Like Goldsmith, I come to the Jesner decision having previously written about various aspects of ATS litigation (including a 2008 article on choice of law under the ATS and a later exploration of transitory torts, as well as shorter contributions on functional, political, and economic… [read post]
25 May 2009, 11:01 am
That may be how Goldsmith and Katyal see it and a system as contemplated by Obama now may create such a perverse incentive, but that does not negate that its purpose should be to properly and openly deal with the issue of the proper definition of "enemy combatant. [read post]
24 Sep 2009, 6:13 am
According to Jack Goldsmith, faced with concerns about the possibility of another terrorist attack, and fear of being blamed for not avoiding it, the president could only justify the failure to take protective action if he had a good reason. [read post]
15 May 2007, 8:44 am
With Jack Goldsmith as Enzo the Baker, and Alberto Gonzales as McCluskey the crooked cop. [read post]
21 Jun 2011, 8:00 am
As Jack Goldsmith notes in a superb recent post, the two standards are not only interrelated, the former was intended to be broader than the latter: [T]he House Report to the WPR says that "hostilities" was a substitute for "armed conflict" under the laws of war and was meant to have a broader meaning. [read post]
11 Dec 2007, 8:28 pm
You need to read Jack Goldsmith's excellent book The Terror Presidency to get a glimpse of the legal context. [read post]
15 May 2007, 8:44 am
With Jack Goldsmith as Enzo the Baker, and Alberto Gonzales as McCluskey the crooked cop. [read post]
19 Oct 2011, 12:41 pm
Jack Goldsmith, who ran the Office of Legal Counsel under President Bush in 2003 and 2004, wrote that the OLC memo must be released because "legal accountability for the practice of targeted killings depends on a thorough public legal explanation by the administration. [read post]
12 Sep 2014, 8:05 am
My own critique of the president’s actions is almost an apologia for the White House compared tothe commentaries by famous liberal constitutional law scholar Bruce Ackerman, conservative Harvard professor Jack Goldsmith (a leading expert on national security law became famous when he repudiated the “torture memo” while serving in the Bush administration), war powers expert Lou Fisher, and Benjamin Wittes of the center-left Brookings Institution. [read post]
11 Jun 2016, 12:35 pm
” Jack Goldsmith reminded us that time flies and it’s been three years since the Guardian published its first story based on the trove of documents Snowden supplied. [read post]
16 May 2017, 12:25 pm
ICYMI: Yesterday, on Lawfare Jack Goldsmith highlighted a note in the Harvard Law Review on how the Supreme Court might rule on an upcoming case dealing with corporate liability under the Alien Tort Statute. [read post]
7 May 2009, 2:05 pm
Bradley & Jack L. [read post]
28 Aug 2009, 1:57 am
They were the get out of jail free card.Next, we have Jack Goldsmith carefully dancing around the Yoo/Bybee torture memos in a pair of letters to the CIA dated May 27th 2004 and July 7, 2004. [read post]
7 May 2009, 11:35 pm
Bradley & Jack L. [read post]
20 Feb 2011, 8:51 am
Jack Goldsmith is no longer arguing in favor of a statutory fix to the Guantanamo problem in the form of a clearer AUMF-type authorization. [read post]
4 Nov 2007, 1:32 am
The Democrats will assent to our new American torture regime no matter how grotesque and outrageous the story gets, no matter to what degree the Department of Justice's integrity and independence were compromised.In short, the story is this: Jack Goldsmith left OLC before he could complete the "replacement" torture opinion. [read post]
20 Feb 2011, 8:03 am
Jack Goldsmith is no longer arguing in favor of a statutory fix to the Guantanamo problem in the form of a clearer AUMF-type authorization. [read post]
26 Jul 2007, 7:56 pm
When, for the first time, Program X (as we'll call it, for convenience's sake) became known to senior Justice Department officials who were not its original architects, those officials -- James Comey and Jack Goldsmith, principally -- balked at its continuation. [read post]
17 Jul 2008, 7:26 am
(That is to say: Each might have been expected to think for themselves and interpret the law in ways that diverged from the John Yoo opinions.)The impasse led to the hiring of Jack Goldsmith, who the White House assumed would be a "safer" choice. [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]
