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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Recent Commentary

Featured

William Barr’s Remarkable Non-Commitments About The Mueller Report

by Jack Goldsmith, Maddie McMahonvia Lawfare
Wednesday, February 13, 2019

“I don’t think there’ll be a report,” President Trump’s former attorney, John Dowd, recently told ABC News. “I will be shocked if anything regarding the president is made public, other than ‘We’re done.’” Referring to a possible report by Special Counsel Robert Mueller, Dowd suggested Mueller won’t release a detailed public accounting of the results of the investigation because he has nothing on Trump.

In the News

Clinton, Nixon Reports Offer Starkly Different Models For Mueller

quoting Jack Goldsmithvia CNN
Monday, February 11, 2019

As special counsel Robert Mueller prepares a final report on his investigation of Russia's interference in the 2016 election and possible Trump campaign complicity, two historic presidential inquiries offer distinct -- and clashing -- models.

Analysis and Commentary

The Lawfare Podcast: Progressive Critiques Of Liberal Internationalism With Jack Goldsmith

interview with Jack Goldsmithvia The Lawfare Podcast
Tuesday, February 5, 2019

Hoover Institution fellow Jack Goldsmith talks about the successes and failures of liberal internationalism, the significance of Donald Trump’s effect on it, and what the future holds for the liberal international order. 

In the News

Charges Against Chinese Hackers Are Now Common. Why Don't They Deter Cyberattacks?

quoting Jack Goldsmithvia Morning Edition (NPR)
Tuesday, February 5, 2019

In May 2014, then-Attorney General Eric Holder announced charges against five members of the Chinese military.

In the News

In Their Own Words

mentioning Jack Goldsmithvia Harvard Law Today
Tuesday, January 29, 2019

Excerpts from the recent and forthcoming faculty article by Jack Goldsmith, "Strengths Become Vulnerabilities: How a Digital World Disadvantages the United States in Its International Relations."

In the News

Law’s Influencers

quoting Jack Goldsmithvia Harvard Law Today
Tuesday, January 29, 2019

Jack Goldsmith didn’t plan on building a behemoth. When the Harvard Law professor teamed up with University of Texas at Austin law professor Robert Chesney ’97 and Brookings Institution writer Benjamin Wittes to start the Lawfare blog in 2010, it was launched, he says, with “very modest ambitions and no planning.”

Analysis and Commentary

Review Of Harold Hongju Koh, The Trump Administration And International Law

by Jack Goldsmithvia SSRN
Monday, January 28, 2019

This essay reviews Harold Hongju Koh, The Trump Administration and International Law (2018). Its main conclusion is that Koh overstates the influence of transnational legal process in checking President Donald Trump's impact the U.S. stance toward international law and institutions.

Featured

Constitutional Issues Relating To The NATO Support Act

by Curtis A. Bradley, Jack Goldsmithvia Lawfare
Monday, January 28, 2019

President Trump is making noises again about withdrawing the United States from the North Atlantic Treaty, which established NATO. Last week the House of Representatives voted 357-22 in support of the NATO Support Act. The bill does three things. First, it states the “sense of Congress” that the president “shall not withdraw the United States from NATO,” and that “the case Goldwater v. Carter is not controlling legal precedent.” 

Featured

On What Grounds Can The FBI Investigate The President As A Counterintelligence Threat?

by Jack Goldsmithvia Lawfare
Sunday, January 13, 2019

The New York Times reported on Jan. 11 that the FBI “began investigating whether President Trump had been working on behalf of Russia against American interests” soon after Trump fired FBI Director James Comey in May 2017. In other words, the FBI opened a counterintelligence investigation on the president.

Analysis and Commentary

Executive Agreements: International Lawmaking Without Accountability?

by Jack Goldsmith, Curtis A. Bradley, Oona A. Hathawayvia Lawfare
Wednesday, January 9, 2019

In a post last month, we described the sharp decline in the presidential use of Article II treaties—reaching a new low in the Trump administration, which so far has submitted only one such treaty to the Senate. This decline does not mean that the United States has stopped concluding international agreements. 

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