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.
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The Harvard National Security Journal’s spring issue, published earlier this week, has four articles that may be of interest to Lawfare readers.
A depressing reflection on the state of norms and institutions.
There are good reasons to investigate the Trump campaign investigators, and to give the attorney general limited declassification authority for that investigation.
Julian Assange is not the only target in the government’s new indictment against him.
No one defends the Mueller report’s actual reasoning, and there are good reasons why alternate arguments for the report’s conclusions did not make it into the document.
The report’s misapplication of the presidential clear statement rule exposed Trump to greater potential criminal liability than a proper analysis would allow, and raises questions about whether the obstruction investigation was properly predicated at the outset.
Sometimes Justice Department independence means standing up to the president. And sometimes it means taking unpopular positions in defense of the presidency.