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16 Oct 2018, 11:01 am
ICYMI: Yesterday on Lawfare Stephen Bates, Jack Goldsmith and Benjamin Wittes explained the significance of the government agreeing to unseal the “Watergate Roadmap”. [read post]
12 Oct 2018, 9:33 am
(Stephen Bates, Jack Goldsmith and Benjamin Wittes filed their own lawsuit to obtain the full “Road Map”—their suit is described here on Lawfare.) [read post]
11 Oct 2018, 7:13 am
As Jack Goldsmith has chronicled, the president’s critics in the intelligence community have been breaking various norms in response, such as by openly criticizing the president and by leaking foreign intelligence surveillance information in unprecedented ways. [read post]
11 Oct 2018, 7:05 am
As Jack Goldsmith has chronicled, the president’s critics in the intelligence community have been breaking various norms in response, such as by openly criticizing the president and by leaking foreign intelligence surveillance information in unprecedented ways. [read post]
10 Oct 2018, 1:44 pm
(Full disclosure: Protect Democracy, the group representing the plaintiffs, also represents Lawfare contributors and editors Benjamin Wittes, Jack Goldsmith, Scott Anderson and Susan Hennessey on a number of separate matters.) [read post]
10 Oct 2018, 7:34 am
John Manning and Jack Goldsmith’s point about the Take Care Clause also applies to the Presidential Oath Clause: Courts tend to “treat[] the meaning ... as obvious when it is anything but that,” failing to “parse the text” or “examine the clause’s historical provenance. [read post]
8 Oct 2018, 9:11 am
In fact, Benjamin Wittes, Jack Goldsmith and I, represented by lawyers from Protect Democracy, are asking a federal judge to unseal the Jaworski report—in part so that it might serve as a model for Mueller. [read post]
8 Oct 2018, 5:50 am
As Jack Goldsmith recently provided, [t]he U.S. intelligence services break into computers and computer networks abroad at an astounding rate, certainly on a greater scale than any other intelligence service in the world. [read post]
1 Oct 2018, 9:41 am
., where Lawfare’s Jack Goldsmith will interview John Mearsheimer about his new book, “The Great Delusion: Liberal Dreams and International Realities. [read post]
28 Sep 2018, 11:42 am
As Jack Goldsmith has suggested, themes in Trump’s speech—which was reportedly authored primarily by White House aide Stephen Miller—echo those articulated by Bolton in a 1990 Chicago Journal of International Law article titled “Should We Take Global Governance Seriously? [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]
24 Sep 2018, 2:29 pm
(See Jack Goldsmith’s analysis of the Times story on Lawfare). [read post]
22 Sep 2018, 12:23 pm
As Jack Goldsmith wrote in response to the Times story, “The president and his allies will ... use this story as confirmation that there is a broader ‘Deep State’ conspiracy to bring down the president. [read post]
22 Sep 2018, 5:42 am
Jack Goldsmith shared his initial thoughts on the revelations. [read post]
15 Sep 2018, 5:26 am
” Jack Goldsmith flagged two essays on lawyering for the president in a time of crisis—one by Mary DeRosa and the other by Christopher Fonzone and Dana Remnus. [read post]
14 Sep 2018, 9:21 am
According to countless media accounts and President Trump’s own lawyers, Special Counsel Robert Mueller is writing some kind of report on allegations of presidential obstruction of justice. [read post]
12 Sep 2018, 9:50 am
Mikhaila Fogel posted a new internship opening at Lawfare for spring 2019 Jack Goldsmith flagged two essays, one by Mary DeRosa and the other by Christopher Fonzone and Dana Remnus, on lawyering for the president in a time of crisis. [read post]
8 Sep 2018, 8:02 am
Sawyer, the steel seizure case, on this week’s National Security Law Podcast: Jack Goldsmith called on former intelligence community employees who have had bad experiences with their agencies’ prepublication processes to share these experiences with the Knight Institute and the American Civil Liberties Union. [read post]
6 Sep 2018, 10:37 am
Jack Goldsmith asked former intelligence community employees to discuss their prepublication review difficulties with the Knight Center and ACLU attorneys. [read post]
1 Sep 2018, 5:46 am
On Tuesday’s episode of the Lawfare Podcast, Jack Goldsmith, David Kris, and Benjamin Wittes debated how former senior intelligence officials can most effectively criticize facets of the president’s national security governance—namely his attacks on the Mueller investigation and the intelligence community broadly—if they decide to do so: Wittes and Scott Anderson submitted what they termed a “meta-FOIA” request to determine how the U.S. [read post]