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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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.
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.
Summer 2020 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials'
The Summer 2020 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare.
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.
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?
The government faces many hurdles.