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20 Aug 2020, 12:31 pm
(Bob Bauer and Jack Goldsmith wrote about it here.) [read post]
30 May 2017, 8:30 am
This post is the third part of a four-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
24 Sep 2018, 4:34 pm
The case concerns the court’s power to release material protected under grand jury secrecy, and has interesting implications for efforts by Benjamin Wittes, Jack Goldsmith, and Stephen Bates to unseal the impeachment “roadmap” prepared by Watergate Special Prosecutor Leon Jaworski—as well as the possible release of any report prepared by Special Counsel Robert Mueller. [read post]
19 Sep 2019, 1:52 pm
James Comey famously does things his own way, and the Department of Justice inspector general has not approved. [read post]
18 May 2020, 1:52 pm
In the wake of Attorney General William Barr’s unprecedented decision to drop the Department of Justice’s years-long prosecution of former Trump national security advisor Michael Flynn, many are asking: Is this the end of the case? [read post]
23 May 2019, 10:59 am
As Jack Goldsmith observes, “the very notion of an ‘Inter-net’ implies fragmentation. [read post]
24 May 2019, 8:20 am
For example, Jack Goldsmith and Robert Williams have argued in Lawfare that the strategy of charging Chinese hackers for theft of U.S. trade secrets has failed to deter such activity, citing the public charges against Chinese state-affiliated hackers in 2017 and 2018 as reason to believe Chinese cyber theft of American intellectual property had not ceased. [read post]
18 Feb 2022, 7:54 am
On Jan. 31 and Feb. 5, The Washington Post reported that former President Trump routinely “tore up briefings and schedules, articles and letters, memos both sensitive and mundane” in violation of the Presidential Records Act (PRA) and that some of the records received by the Jan. 6 committee had been “ripped up and then taped back together. [read post]
22 Apr 2020, 5:00 am
The national fight against the spread of the novel coronavirus demands a leader who can take charge of and defeat a grave threat, and who can put partisan politics aside to create a shared sense of national purpose. [read post]
22 Feb 2018, 6:00 am
” (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]
13 Aug 2017, 6:30 am
As Americans gathered to watch James Comey testify before the Senate Intelligence Committee, a meme emerged on certain corners of the left-leaning internet: people had a crush on the former FBI director. [read post]
2 Jul 2018, 4:07 am
”It’s especially disappointing that Justice Kennedy went along with this charade, because his vote to reverse the preliminary injunction—the vote that decided the case—betrayed each one of the core principles that Jack Goldsmith rightly describes as the pillars of his jurisprudence over the past 30 years and his (desired) legacy: honoring the dignity of all persons; preserving liberty; and enshrining a “robust conception of judicial power”… [read post]
3 Jan 2020, 1:49 pm
As Jack Goldsmith has previously pointed out, OLC has thus far declined to revoke at least two opinions from shortly after the September 11 attacks that assert even broader views of the president’s Article II authority in at least certain circumstances. [read post]
10 Dec 2020, 11:34 am
(Jack Goldsmith and Curtis Bradley previously analyzed the constitutional issues surrounding executive power and unilateral withdrawal from NATO.) [read post]
27 Apr 2024, 2:40 pm
, but I thought that in the meantime it might be worth noting a few things in fairly summary fashion while they're still fresh.As Jack Goldsmith noted the other day, and as I explain further in my amicus brief, there are actually three different sorts of questions before the Court--the "immunity from prosecution" question described in the Question Presented, and another two questions that former President Trump included in his merits brief although he hadn't… [read post]
10 Jul 2017, 12:31 pm
This month, Jack Goldsmith interviews Graham Allison about his book “Destined for War: Can America and China Escape Thucydides’s Trap? [read post]
8 Apr 2016, 5:36 am
Ashley Deeks, Marty Lederman, Jack Goldsmith and Daniel Bethlehem have already commented on State Department Brian Egan's speech at ASIL last week. [read post]
3 Dec 2019, 4:16 am
William Ruckelshaus died last Wednesday at age 87. [read post]
14 Jul 2021, 7:51 am
” The legal framework for the use of force absent congressional authorization is so malleable that—in the words of Jack Goldsmith and Curtis Bradley—it “provides no meaningful constraint on presidential power. [read post]
18 Apr 2018, 8:13 am
I The first time I had lunch with James Comey at the FBI, it was still early in his tenure as director. [read post]
