Executive Power
The House Moves to Regulate Pardon Power Abuse
Bob Bauer, Jack Goldsmith Thu, Jul 23, 2020, 4:30 PM
Two new bills that aim to regulate abuse of the pardon power make plain that that power is not “absolute.”
Jack Goldsmith is the Learned Hand 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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pardons
Trump’s Aberrant Pardons and Commutations
Jack Goldsmith, Matt Gluck Sat, Jul 11, 2020, 8:32 AM
The Stone commutation fits a pattern of abuse: Almost all of the beneficiaries of Trump’s pardons and commutations have had a personal or political connection to the president.
Federal Law Enforcement
The Durham Investigation: What We Know and What It Means
Jack Goldsmith, Nathaniel Sobel Thu, Jul 9, 2020, 9:58 AM
The investigation as it developed should not have been conducted by a federal prosecutor, and Attorney General Barr’s public commentary has seriously (and somewhat mysteriously) damaged the credibility of whatever Durham uncovers.
Scholarship
Summer 2020 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials'
Jack Goldsmith Thu, Jul 2, 2020, 2:18 PM
The Summer 2020 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare.
First Amendment
A Quick Analysis of Bolton’s Response to the Government’s Emergency Request for Prior Restraint
Jack Goldsmith, Marty Lederman Fri, Jun 19, 2020, 11:37 AM
Bolton’s lawyers persuasively argue that the court lacks the authority to issue the requested injunction. They also show why his non-disclosure agreements are narrower than the government portrays, and how irregular his pre-clearance review process was.
First Amendment
Questions for the Government in the Bolton Book TRO Hearing(s)
Jack Goldsmith, Marty Lederman Thu, Jun 18, 2020, 8:12 PM
Judge Lamberth will convene a hearing on June 19 at 1:00 p.m. to consider the government's petition for a temporary restraining order and motion for preliminary injunction. What are the relevant legal issues at play, and what questions should Lamberth ask the government?
First Amendment
Assessing the Government’s Lawsuit Against John Bolton
Jack Goldsmith, Marty Lederman Wed, Jun 17, 2020, 6:48 PM
The government faces many hurdles.