Jack Goldsmith, Lawfare

Jack Goldsmith


Cambridge, MA, United States

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  • Unknown
  • Lawfare
  • NY Review of Books
  • Just Security
  • TIME.com
  • The Daily Beast

Past articles by Jack:

Turkiye Halk Bankasi A.S. v. United States, Part 2: What to Do If the FSIA Does Not Apply?

Part 2 of a two-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States, a case that raises the question whether the U.S. government can criminally prosecute corporations owned by foreign states. → Read More

Prosecuting Trump: A Reply to Josh Marshall

Even if one focuses narrowly on the rule of law, caution is still warranted. → Read More

Thoughts on the Mar-a-Lago Search

I have long worried (here, and, more recently, here) about the adverse consequences of the Biden Justice Department using criminal process against former President Donald Trump. I have also long worried (spurred by Garrett Graff) about the mischief, and potential criminal liability, that Trump might stir up after his presidency with access to classified information. Here are some thoughts… → Read More

Forty-Seven Years of Feckless Digging

Thoughts on the Anniversary of Jimmy Hoffa’s Disappearance → Read More

Emergency Powers Reform Within Grasp

There is clear bipartisan support for National Emergencies Act reform with an IEEPA exclusion. → Read More

Inspector General Reform on the Table

A selective guide to the upcoming debates on inspector general reform → Read More

A Strange Defense of the Biden Moratorium Extension Mess

A response to Neil Eggleston. → Read More

The Anatomy of a Screw Up: The Biden Eviction Moratorium Saga

The Biden administration’s rule-of-law credibility is the big loser; and the Supreme Court’s shadow docket the big winner. → Read More

Empty Threats and Warnings on Cyber

On July 9, President Biden warned Russian President Vladimir Putin that the United States will take “any necessary action,” including imposing unspecified “consequences,” if Russia does not disrupt ransomware attacks from its soil. The problem with this warning is that the United States has been publicly pledging to impose “consequences” on Russia for its cyber actions for at least five years. → Read More

Trump and the Pardon Attorney

President Trump bypassed the traditional pardon attorney process more often than any other president. Our new essay in the Federal Sentencing Reporter evaluates how many of Trump’s 238 clemency grants were recommended by the pardon attorney. → Read More

'Defend Forward' and Sovereignty

Among the most discussed provisions of the Tallinn Manual 2.0 is Rule 4: “Violation of sovereignty.” Rule 4 provides: “A State must not conduct cyber operations that violate the sovereignty of another State.” Considered alone, Rule 4 is banal and unobjectionable, since there are many established sovereignty-based international-law rules that cyber operations might violate. For → Read More

Executive Branch Legal Process and the Self-Pardon

Trump could consult the Office of Legal Counsel, the White House Counsel, personal attorneys—or no one at all. → Read More

Can Trump Be Stopped?

President Trump’s incitement of insurrection stands out as the worst presidential behavior in America’s two century history. How can he be kept from doing more damage with only two weeks left in his term? → Read More

Quick Thoughts on the Russia Hack

This most recent breach constitutes a stunning display of the U.S. government’s porous defenses of sensitive government networks and databases. → Read More

The Glut of High-Stakes Cross-Party, Cross-Administration Investigations

The news about the federal investigations of Hunter Biden highlights the growing spate of politically fraught federal law enforcement investigations of prominent political officials or their family members. → Read More

Can Trump Sell U.S. National Security Secrets With Impunity?

The prospect is a nightmare for the intelligence services. → Read More

The Puzzle of the GRU Indictment

Why does the Justice Department laud indictments that communicate weakness? → Read More

How To Respond to the Trump Tax Disclosures

The nation should never again rely on norms to ensure that presidents disclose their finances fully or to guard against conflicts of interest between public duties and private gain. → Read More

Why We Wrote ‘After Trump’

Donald Trump operated the presidency in ways that reveal its vulnerability to dangerous excesses of authority and dangerous weaknesses in accountability. "After Trump" explains what should be done to mend the presidency after Trump leaves the scene. → Read More

The Senate Russia Report and the Imperative of Legal Reform

The Senate Intelligence Committee’s report calls on political campaigns to build protections against becoming channels for illicit foreign state influence. But lawmakers should also consider reforming the law. → Read More