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2 Mar 2018, 8:41 am by Lawfare Editors
The next in our series of book soirees at the Hoover Institution will take place from 12:30 to 1:30 p.m. on March 14, when Lawfare's Jack Goldsmith will interview Niall Ferguson about his new book, “The Square and the Tower: Networks, Hierarchies and the Struggle for Global Power. [read post]
26 Feb 2018, 3:00 pm by Robert D. Williams
Jack Goldsmith and I have questioned the robustness of the commercial espionage norm in the wake of the Justice Department’s November 2017 indictment of three Chinese hackers for stealing commercial secrets from U.S. companies. [read post]
24 Feb 2018, 5:57 am by William Ford
Jack Goldsmith suggested that the indictment could inadvertently aid U.S. adversaries. [read post]
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]