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

Reflections on U.S. Economic Espionage, Post-Snowden

by Jack Goldsmithvia Lawfare
Tuesday, December 10, 2013

Cheng Li’s and Ryan McElveen’s good post over the weekend (via Daniel Byman) sparked the following reflections on U.S. economic espionage, post-Snowden.  Li and McElveen nicely summarize U.S.-Chinese relations concerning cybersecurity in the run-up to and

Analysis and Commentary

Extraordinary U.S. Press Freedom to Report Classified Information

by Jack Goldsmithvia Lawfare
Monday, December 2, 2013

The Washington Post reported last week that the United States government had decided not to prosecute Julian Assange for his role in the massive release of classified State Department cables because “government lawyers said they could not do so without als

We Need an Invasive NSA

by Jack Goldsmithvia New Republic
Thursday, October 10, 2013

Ever since stories about the National Security Agency’s (NSA) electronic intelligence-gathering capabilities began tumbling out last June, The New York Times has published more than a dozen editorials excoriating the “national surveillance state.”
 

Analysis and Commentary

Baker on Cybersecurity Post-Snowden

by Jack Goldsmithvia Lawfare
Monday, September 23, 2013

James A. Baker, who for a long time ran the Office of Intelligence Policy Review in DOJ (which focused on FISA), and more recently worked in the Deputy Attorney General's Office on cyber issues, gave a Constitution Day address at Dickinson College.  The sp

Analysis and Commentary

Alexander and Inglis Letter to the “NSA/CSS Family,” and the USG’s Unconscionably Weak Defense of NSA

by Jack Goldsmithvia Lawfare
Friday, September 20, 2013

Kevin Gosztola at Firedoglake has a copy of a two-page letter from NSA Director Gen. Keith Alexander and NSA Deputy Director John Inglis to the “NSA/CSS family” about the Snowden leaks.  The letter essentially defends NSA from what Alexander and Inglis see

Analysis and Commentary

Tanenhaus on the Presidency

by Jack Goldsmithvia Lawfare
Monday, September 9, 2013

Sam Tanenhaus had an essay over the weekend in the NYT that I think is at bottom a “little c” conservative critique of President Obama’s Syria push.  But the essay makes little sense, at least to me. Tanenhaus starts with the claim that President Obama

Analysis and Commentary

Two Important Implications from President’s Press Conference in Sweden

by Jack Goldsmithvia Lawfare
Thursday, September 5, 2013

I want to briefly unpack this extraordinary statement by President Obama yesterday in Sweden: [T]he truth of the matter is that under international law, Security Council resolution for self-defense or defense of an ally provides a clear basis for action.

Analysis and Commentary

The Senate Draft AUMF for Syria is Narrower Than the Administration’s Draft, But Still Broad In Some Respects

by Jack Goldsmithvia Lawfare
Wednesday, September 4, 2013

The draft Senate Syria AUMF contains a narrower authorization for the use of presidential force than the one the administration proposed.  But it is in some respects still broad, and it actually enhances the president’s claims of independent constitutional

Analysis and Commentary

What Happened to the Rule of Law?

by Jack Goldsmithvia New York Times
Saturday, August 31, 2013

The United Nations Charter has been violated more than times than it has been followed.

Analysis and Commentary

Why Doesn’t President Obama Seek Congressional Approval for Syria?

by Jack Goldsmithvia Lawfare
Wednesday, August 28, 2013

I have a pretty broad view of presidential power to use military force abroad without congressional authorization.  On that view, which is close to the past views of the Office of Legal Counsel, the planned use of military force in Syria is a constitutiona

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