Today is the publication date for my new book : “In Hoffa's Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth.” Here is a description from the book’s web page:
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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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.
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.
Jan Crawford’s extraordinary CBS interview with Attorney General William Barr was released on Friday, May 31. In it Barr said some good things about why his investigation of the Trump campaign investigation is needed. He also said some bad things about his attitude toward his investigation that reveal the depressingly ugly state of U.S. intelligence and law enforcement institutions.
On the Need for an Investigation
A Different View on the President’s Delegation of Declassification Authority to the Attorney General
President Trump’s delegation of a narrowly defined declassification authority to Attorney General Bill Barr has attracted criticism, notably on this site by my colleagues David Kris and Benjamin Wittes. I think these criticisms tell only one side of the story, and that the matter is more complicated than they let on.
The Grand Bargain Under Threat
I have written a lot on how hard it is to distinguish WikiLeaks from the New York Times when it comes to procu
I argued earlier this month that Special Counsel Robert Mueller’s report misapplied the presidential clear statement rule and improperly exposed many of President Trump’s actions in response to the Russia investigation to potential criminal liability.