Jack Goldsmith

Senior Fellow
Biography: 

Jack Goldsmith is a senior fellow at the Hoover Institution and the Henry L. Shattuck Professor of Law at Harvard University. From 2003 to 2004, he served as the assistant attorney general, Office of Legal Counsel; from 2002 to 2003 he served as the special counsel to the general counsel of the Department of Defense. Goldsmith also taught at the University of Chicago Law School from 1997 to 2002 and at the University of Virginia Law School from 1994 to 1997.

In his academic work, Goldsmith has written widely on issues related to national security law, presidential power, international law, and Internet regulation. His books include Power and Constraint: The Accountable Presidency after 9/11 (2012), The Terror Presidency: Law and Judgment inside the Bush Administration (2009), Who Controls the Internet: Illusions of a Borderless World (with Tim Wu) (2006), and The Limits of International Law (with Eric Posner) (2005). He blogs on national security matters at the Lawfare blog,and on issues of labor law and policy at the On Labor blog.

Goldsmith is a fellow of the American Academy of Arts and Sciences. He holds a JD from Yale Law School, a BA and an MA from Oxford University, and a BA from Washington & Lee University. He clerked for Supreme Court justice Anthony M. Kennedy, Court of Appeals judge J. Harvie Wilkinson, and Judge George Aldrich on the Iran-US Claims Tribunal.

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Blogs

Stephen Preston’s Important Acknowledgement That The 2001-AUMF-Forever-War Is Not Ending Anytime Soon

by Jack Goldsmithvia Lawfare
Friday, April 17, 2015

Stephen Preston’s speech at last Friday’s ASIL Meeting was the latest of many efforts by the administration to explain (in Preston’s words) “the bases, under domestic and international law, for the United States’ use of military force abroad.”

US-Iran Relations
Featured Commentary

What The NYT Editorial Board Gets Wrong About The Sensible, Bipartisan Iran Review Bill

by Jack Goldsmithvia Lawfare
Wednesday, April 15, 2015

Here is the Bill passed unanimously by the Senate Foreign Relations Committee yesterday (and here is my lengthy analysis of the similar earlier version of the Bill).

Blogs

What Might Congress Do To Stop the Obama Administration From Disregarding Congressional Transfer Restrictions In The Course Of Closing GTMO?

by Jack Goldsmithvia Lawfare
Friday, April 10, 2015

Last week I explained how the Obama administration might extend it constitutional arguments for disregarding statutory detainee transfer restrictions in the Bergdahl context to the restrictions on transferring GTMO detainees to the United States.

Blogs

More On The Legal Basis For The Administration’s Disregard Of Congressional Restrictions On Detainee Transfers In The Bergdahl Context, And On The Implications For Closing GTMO

by Jack Goldsmithvia Lawfare
Thursday, April 9, 2015

Last summer I wrote of the administration’s constitutional arguments for disregarding congressional transfer restrictions in swapping the Taliban 5 for Bowe Bergdahl

Other Media

The Ends Of Privacy

by Jack Goldsmithvia New Rambler
Wednesday, April 8, 2015

Review of Data And Goliath: The Hidden Battles to Collect Your Data and Control Your World, by Bruce Schneier

Blogs

Review Of Schneier’s Data And Goliath

by Jack Goldsmithvia Lawfare
Tuesday, April 7, 2015

Over at The New Rambler Review – a new online book review site that I highly recommend – I have a piece on Bruce Schneier’s new book, Data and Goliath.

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Blogs

The Bergdahl Roadmap To Unilateral Presidential Closure Of GTMO

by Jack Goldsmithvia Lawfare
Wednesday, April 1, 2015

We have not paid enough attention to the significance of the administration’s legal argument in support of the Bergdahl trade for President Obama’s goal of closing GTMO.  The Article II logic in the administration’s disregard of the congressional notice requirement in swapping the Taliban five for Bergdahl could be the basis for transferring the remaining GTMO detainees to the United States despite a congressional ban.

Nuclear Weapons
Blogs

Who’s Afraid Of The Iran Nuclear Agreement Review Act Of 2015?

by Jack Goldsmithvia Lawfare
Wednesday, March 25, 2015

Last Friday The Hill reported that Senator Corker believes he “will have a veto-proof majority” to enact the “Iran Nuclear Agreement Review Act of 2015” (INARA).

Blogs

Was The Bergdahl Swap Lawful?

by Jack Goldsmithvia Lawfare
Wednesday, March 25, 2015

With Bowe Bergdahl back in the news, it is perhaps worth outlining the legally controversial circumstances of the Taliban swap.

Featured Commentary

The Precise (And Narrow) Limits On U.S. Economic Espionage

by Jack Goldsmithvia Lawfare
Monday, March 23, 2015

This Intercept story on New Zealand’s surveillance of candidates for director general of the World Trade Organization sparked a related conversation yesterday on twitter about the exact scope of U.S. economic espionage.

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