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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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.

Federal Law Enforcement

The Good, the Bad and the Ugly in the Attorney General’s CBS Interview

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

Federal Law Enforcement

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