Jack Goldsmith is the Henry L. Shattuck Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
Subscribe to this Lawfare contributor via RSS.
What the Mueller indictment means for blowback against U.S. officials, reciprocal interference by the United States, the state of U.S. preparation against renewed adversary electoral operations, and the practices of U.S. journalists.
Here is the Summer 2018 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017). These materials cover, among many other things, the Supreme Court’s decision in Trump v. Hawaii (the “travel ban” case), which is excerpted with questions; the Court’s decision in Jesner v. Arab Bank concerning corporate liability under the Alien Tort Statute; the Trump administration’s withdrawal from the Iran nuclear deal; legal issues raised by U.S.
The Harvard National Security Journal’s spring issue, published last week, has five articles that may be of interest to Lawfare readers.
This Office of Legal Counsel test for unilateral uses of force provides no meaningful constraint on presidential power.
There is no obvious right answer on the validity of self-pardons, and if Trump becomes the first president to pardon himself, a court is unlikely to provide an answer.
The opinion on the April 2018 airstrikes against Syrian chemical-weapons facilities follows straightforwardly from Obama-era legal opinions, including one we did not know about until today.
The executive branch's broad views on the president’s pardon power might soon become relevant to the Mueller investigation.