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

Analysis and Commentary

What is the Domestic Legal Basis for Planned Cyberattacks in Syria?

by Jack Goldsmithvia Lawfare
Tuesday, February 25, 2014

David Sanger reports that the Pentagon and the NSA planned a sophisticated cyberattack aimed at “the Syrian military and President Bashar al-Assad’s command structure” that “would essentially turn the lights out for Assad.” He also reports that President O

Analysis and Commentary

The ISIS Expulsion and the AUMF

by Jack Goldsmithvia Lawfare
Tuesday, February 11, 2014

Karen DeYoung and Greg Miller report in the WP that Al-Qaeda’s recent expulsion of the Islamic State of Iraq and Syria (ISIS) has raised questions about whether the AUMF “still applies” to ISIS.  “According to some administration lawyers and intelligence o

Analysis and Commentary

U.S. Citizen Possibly Targeted for Drone Attack

by Jack Goldsmithvia Lawfare
Monday, February 10, 2014

Kimberly Dozier AP reports this morning that "[a]n American citizen who is a member of al-Qaida is actively planning attacks against Americans overseas, . . . and the Obama administration is wrestling with whether to kill him with a drone strike and how to

Analysis and Commentary

Bipartisan Group of Senators Push for Congressional Vote Before Extending Afghanistan Troop Presence

by Jack Goldsmithvia Lawfare
Friday, February 7, 2014

That is the title of this press release by Senator Jeff Merkley, announcing a resolution “calling for Congress to have a role in approving any further United States military involvement in Afghanistan after the current mission ends on December 31, 2014.” 

The Digital Age

A Partial Defense of the Front-Page Rule

by Jack Goldsmithvia The Briefing
Wednesday, January 29, 2014

Principals reviewing intelligence collection should reinstitute use of the so-called "Front-Page Rule," said President Obama's Review Group on Intelligence and Communications Technol

Analysis and Commentary

The Briefing: A Partial Defense of the Front-Page Rule

by Jack Goldsmithvia Advancing a Free Society
Thursday, January 16, 2014
Analysis and Commentary

Two Thoughts on the Sanger/Shanker Story on NSA Infiltration of Foreign Networks

by Jack Goldsmithvia Lawfare
Wednesday, January 15, 2014

David Sanger and Thom Shanker have a lengthy story in the NYT about various NSA techniques for penetrating foreign computers and networks, including a strategy for accessing seemingly air-gapped computers.  Two thoughts: First, this article shows how mu

Analysis and Commentary

Morosov on the Significance of Snowden

by Jack Goldsmithvia Lawfare
Friday, December 27, 2013

Evgeny Morosov has an interesting piece in the FT that asks about the broader and mostly ignored implications of Snowden’s revelations about the scope of NSA surveillance.  He argues that controlling the NSA and raising government privacy protections does

Analysis and Commentary

40,000 Foot Reactions to President’s Review Group Report and Recommendations

by Jack Goldsmithvia Lawfare
Friday, December 20, 2013

Pre-Snowden, the USG faced few constraints in its collection and analysis other than what the law imposed and what its large budget permitted.  Within these constraints, the USG could focus almost solely on the national security benefit side of communicati

Analysis and Commentary

Krass on Numerous National Security Law Issues

by Jack Goldsmithvia Lawfare
Tuesday, December 17, 2013

Caroline Krass had her confirmation hearings today before SSCI to become General Counsel of CIA.  Krass is, in my opinion, wildly qualified for the job, and I hope her confirmation process goes smoothly despite unrelated SSCI-CIA disagreements over the rel

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