Jack Goldsmith

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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 Ukraine Connection

More on the Role of OMB in Withholding Ukrainian Aid

Russell Vought, the acting director of the Office of Management and Budget (OMB), announced on Twitter that he and Michael Duffy, an OMB political appointee, are refusing to be deposed by House committees pursuing an impeachment investigation. With this in the news, it is worth revisiting OMB’s delay in releasing nearly $400 million in foreign assistance to Ukraine.

Foreign Relations Law

Summer 2019 Supplement for Foreign Relations Law: Cases and Materials

Here is the Summer 2019 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017). This supplement covers, among other things, the Supreme Court’s decision in Trump v. Hawaii (the “travel ban” case), which is excerpted with questions as part of a newly revised section on judicial deference to the Executive Branch; the Court’s decision in Jesner v.

Scholarship

Spring 2019 Issue of Harvard National Security Journal

Elad Gil argues that judges too frequently rely on the executive’s special competence in foreign affairs to apply a de facto presumption of near-total deference, which he terms “totemic functionalism.” He traces the conceptual underpinnings of totemic functionalism and, using three case studies, shows how it undermines the American system of checks and balances, first between the organs of government and then, indirectly, inside the executive branch.