The Knight Institute and the American Civil Liberties Union have filed lawsuits under the Freedom of Information Act that seek records that about various agencies’ prepublication review policies and practices.
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 conundrum of former senior intelligence officials who wish to defend the intelligence community or speak out against the president—and four modest suggestions for those who do so.
Two complementary articles in the most recent issue of the Georgetown Journal of Legal Ethics assess the role of the president’s legal advisers in times of crisis.
Uncomfortable Questions in the Wake of Russia Indictment 2.0 and Trump’s Press Conference With Putin
What the Mueller indictment means for blowback against U.S. officials, reciprocal interference by the United States, the state of U.S. preparation against renewed adversary electoral operations, and the practices of U.S. journalists.
Supplement to Curtis A. Bradley & Jack L. Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017)
Here is the Summer 2018 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017). These materials cover, among many other things, the Supreme Court’s decision in Trump v. Hawaii (the “travel ban” case), which is excerpted with questions; the Court’s decision in Jesner v. Arab Bank concerning corporate liability under the Alien Tort Statute; the Trump administration’s withdrawal from the Iran nuclear deal; legal issues raised by U.S.
The Harvard National Security Journal’s spring issue, published last week, has five articles that may be of interest to Lawfare readers.
This Office of Legal Counsel test for unilateral uses of force provides no meaningful constraint on presidential power.