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10 Feb 2017, 6:35 pm
It's also the ineptitude or irrelevance of the White House Counsel that Jack Goldsmith has pointed out: One person who must bear responsibility for the awful rollout of the EO is White House Counsel Donald McGahn. [read post]
9 Feb 2017, 6:19 pm
via lawfareblog.com This is an interesting post by Jack Goldsmith. [read post]
9 Feb 2017, 4:28 pm
Of course, that raises the question of whether the government is in fact trying to win this litigation, as Jack Goldsmith has asked, as well as the question of what role lawyers serve in this administration, as I have asked. [read post]
9 Feb 2017, 2:41 pm
Jack Goldsmith has already speculated that Trump may be trying to lose the pending immigration case in order to help set up such a narrative. [read post]
9 Feb 2017, 10:51 am
Supreme Court nominee Neil Gorsuch reportedly called President Trump’s recent attacks on the courts “demoralizing” and “disheartening” in a private meeting with Senator Richard Blumenthal (R-CT), the Times informs us. [read post]
8 Feb 2017, 11:19 pm
As Jack Goldsmith, a former head of the Justice Department’s Office of Legal Counsel and a Harvard Law School professor, put it:“The president would get a huge symbolic boost with his base while not violating the law and while changing nothing of substance. [read post]
8 Feb 2017, 10:00 am
In the new (March) issue of The Atlantic, and with the help of Lawfare editors Jack Goldsmith and Benjamin Wittes, I take up the question of how the damage might be mitigated if President Trump proves to be either authoritarian enough or impulsive and vindictive enough to threaten the integrity of core democratic institutions and norms. [read post]
8 Feb 2017, 8:18 am
The indispensable Charlie Savage has just posted the latest iteration of the Trump Administration’s planned Executive Order on detention issues, along with an article placing that draft in context (including helpful insights from Jack Goldsmith and Ryan Goodman). [read post]
7 Feb 2017, 5:19 pm
Jack Goldsmith is fairly described as the polar opposite of an alarmist. [read post]
7 Feb 2017, 10:12 am
Jack Goldsmith argued that either President Trump wants his refugee ban executive order to be struck down, or that White House Counsel Donald McGahn is incompetent. [read post]
7 Feb 2017, 5:00 am
As Jack Goldsmith has argued, the "persistence in the interests and outlook of the national security leadership and especially of the national security bureaucracy” has a staying power over presidential administrations. [read post]
6 Feb 2017, 5:12 pm
Harvard lawprof Jack Goldsmith speculates that he does (because the other explanation is that his White House Counsel Donald McGahn is "incompetent or ineffectual"):The Immigration EO has a surprisingly strong basis in law but was issued in haste, without proper interagency coordination, without proper notice, without adequate consideration of its implications, and with a media strategy, if it was that, that suggested that the EO was motivated by discrimination against… [read post]
6 Feb 2017, 11:19 am
ICYMI: This Weekend, on Lawfare Quinta Jurecic posted the Lawfare Podcast, featuring Jack Goldsmith and Marty Lederman’s debate over the actions of former Acting Attorney General Sally Yates. [read post]
4 Feb 2017, 10:30 am
We brought on Jack Goldsmith and Marty Lederman, who have both served in senior positions in the Office of Legal Counsel, to discuss Yate's actions. [read post]
4 Feb 2017, 5:33 am
Jack Goldsmith and Ben provided the precedent of Senator Lindsey Graham and Justice Elena Kagan as a classy way for Democrats to handle Gorsuch’s confirmation hearings. [read post]
3 Feb 2017, 11:32 am
Jack Goldsmith and Ben provided the precedent of Senator Lindsey Graham and Justice Elena Kagan as classy way for Democrats to handle Judge Neil Gorsuch’s confirmation hearings. [read post]
2 Feb 2017, 1:48 pm
The other day, Jack Goldsmith cheekily tweeted: A major Donald Trump accomplishment: to get my progressive friends to better appreciate, respect, and defend the US intelligence community. [read post]
1 Feb 2017, 2:54 pm
Jack Goldsmith and Marty Lederman, who have both served in senior positions in the Office of Legal Counsel, penned responses—Jack criticizing Yates's actions and Marty defending them. [read post]
31 Jan 2017, 10:54 am
Jack Goldsmith shared his thoughts on why Yates’ reasons for not enforcing Trump’s refugee ban were weak and unpersuasive. [read post]
31 Jan 2017, 10:27 am
More views from Ken White, Josh Blackman, Jonathan Adler, Jack Goldsmith, and Ben Wittes. [read post]
