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30 Oct 2014, 6:16 am
Jack Goldsmith argues today that Supreme Court should avoid the difficult questions of exclusive executive power in Zivotosfky v. [read post]
29 Oct 2014, 8:19 am by Benjamin Wittes
The legal background has been well canvassed by Curt Bradley, Jack Goldsmith, and Robert Reinstein. [read post]
27 Oct 2014, 10:46 am by Benjamin Bissell
While the US midterm elections are still a week away, democratic contests elsewhere in the world are ongoing or have just concluded. [read post]
4 Oct 2014, 7:34 pm
And today at the "Lawfare" blog, Jack Goldsmith has a post titled "Judge Kessler's Videotape Order and the Costs of Crying Wolf. [read post]
2 Oct 2014, 1:49 pm by Jennifer Williams
Not to brag or anything, but that’s more than Benjamin Wittes; more than Bobby Chesney; more than Jack Goldsmith; more than my boss, Daniel Byman. [read post]
19 Sep 2014, 10:16 am by Cody Poplin
In the New York Times, Charlie Savage, citing our own Jack Goldsmith, writes that Congress’s refusal to act on ISIS could create a precedent that grants the executive branch even greater war powers. [read post]
13 Sep 2014, 6:55 am by Benjamin Bissell
On Sunday, Matt Danzer tipped us off that the Department of Justice declassified two Office of Legal Counsel opinions by Jack Goldsmith from 2004. [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 Sep 2014, 4:00 pm by Matt Danzer
(N.B.: Jack Goldsmith played no role in the editing of this post.) [read post]
9 Sep 2014, 3:32 pm by Cody Poplin
While Congressional leadership may be hesitant to take up a vote authorizing the president to use military force in Iraq and/or Syria against ISIS in the coming weeks, we’ve seen several different authorizations put into play—with different requirements, and by different members of Congress. [read post]
9 Sep 2014, 1:46 pm by Stewart Baker
Leahy’s USA Freedom bill, and the release of a less-redacted version of Jack Goldsmith’s OLC opinion holding that the 215 program’s predecessor is not only legal but requires no FIS court approval, at least in time of war. [read post]
8 Sep 2014, 2:59 pm by Sabrina I. Pacifici
“More than eight years after filing a Freedom of Information Act request for the legal justification behind the “Warrantless Wiretapping” program of President Bush, EPIC has now obtained a mostly unredacted version of two key memos (OLC54)and (OLC85) by former Justice Department official Jack Goldsmith. [read post]
7 Sep 2014, 1:49 pm by Omar Ha-Redeye
Jack Goldsmith, Assistant Attorney General at the time, wrote in a memo from May 2004, …the President, as Commander in Chief and Chief Executive, has legal authority to authorize the NSA to conduct [this surveillance]… and thus that the operation of the STELLAR WIND program as described above is lawful. [read post]
7 Sep 2014, 5:36 am by Matt Danzer
The Department of Justice recently released two Office of Legal Counsel opinions by Lawfare‘s own Jack Goldsmith from 2004. [read post]
1 Sep 2014, 9:13 am
 Here’s my quick census: Google-Famous: Stewart Baker, Ben Wittes, Eugene Volokh, Jack Goldsmith, Orin Kerr, Kent Walker, Nicole Wong, Declan McCullagh, Peter Swire, Annie Anton, Dan Geer (cybersecurity guru), Jim Lewis (ditto), Raj De (NSA’s GC), Dianne Feinstein(Senate intelligence committee chair), David Hoffman (upcoming guest on the Steptoe Cyberlaw Podcast), Chris Soghoian, James X. [read post]
18 Aug 2014, 8:45 am by Wells Bennett
As is well known, that year Department of Justice officials, including then-Deputy Attorney General James Comey and then-Assistant Attorney General Jack Goldsmith (who had no role in editing this post) had protested the legality of highly secret surveillance program that President George W. [read post]
10 Aug 2014, 1:08 pm
In a post on Lawfare, Harvard Law Professor Jack Goldsmith also emphasizes that, the larger the campaign Obama plans to wage in Iraq, the stronger the case for going to Congress. [read post]
8 Aug 2014, 2:25 pm
Harvard Law Professor Jack Goldsmith suggests that the president has the authority to launch airstrikes under the 2002 Authorization for the Use of Military Force against Iraq. [read post]
9 Jul 2014, 9:15 pm by Walter Olson
Quinn might have overturned Abood, before the majority reconsidered and pulled back [Jack Goldsmith, Sachs, Homer, at On Labor] Tweet Tags: First Amendment, labor unions, Maryland, Supreme CourtPodcast: home carers not obliged to pay union dues is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
1 Jul 2014, 6:25 am
But here is Jack Goldsmith, also at On Labor, disagreeing: Yes, the Court did not overrule Abood in Harris, but the question of whether five Justices want to overrule Abood is different from the question of when and under what circumstances they want to do so. [read post]