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

Is the "War on Terror" Lawful?

by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittesvia Defining Ideas (Hoover Institution)
Monday, February 25, 2013

A Statutory Framework for Next-Generation Terrorist Threats

by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittesvia Analysis
Monday, February 25, 2013

Since September 18, 2001, a joint resolution of Congress known as the Authorization to Use Military Force (AUMF) has served as the primary legal foundation for the "war on terror." In this essay we explain why the AUMF is increasingly obsolete, why the nation will probably need a new legal foundation for next-generation terrorist threats, what the options are for this new legal foundation, and which option we think is best.

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Is the "War on Terror" Lawful?

by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittesvia Defining Ideas
Monday, February 25, 2013

The "Authorization to Use Military Force" serves as the primary legal foundation for the ongoing conflict, but it is now obsolete. What should replace it?

On Target: Obama's Drone Memo Is Exactly What He Said It'd Be

by Jack Goldsmithvia New Republic
Wednesday, February 6, 2013

It’s hard to believe that it was produced in a democracy built on a system of checks and balances,” said Hina Shamsi of the ACLU, in response to Monday’s leaked 16-page Justice Department “White Paper” on the legal basis for a lethal operation against a U.S. citizen al Qaeda leader.

U.S. Needs a Rulebook for Secret War

by Jack Goldsmithvia Washington Post
Tuesday, February 5, 2013

“A decade of war is now ending,” President Obama proclaimed in his second inaugural address. But war is not ending, it is changing — and has been for years. Obama has cut back on heavy-footprint, conventional-force war in two countries.

Analysis and Commentary

The Briefing: What to Do About Growing Extra-AUMF Threats?

by Jack Goldsmithvia Advancing a Free Society
Wednesday, January 23, 2013
Second Term Challenges

What to Do About Growing Extra-AUMF Threats?

by Jack Goldsmithvia The Briefing
Wednesday, January 23, 2013

The legal foundation for the post-9/11 “war on terrorism”—the September 2001 Authorization for Use of Military Force (AUMF)—is quickly becoming obsolete.

Analysis and Commentary

Five Thoughts On Hamdan

by Jack Goldsmithvia Lawfare
Wednesday, October 17, 2012
Analysis and Commentary

What’s Most At Stake For Counterterrorism Policy In The 2012 Election

by Jack Goldsmithvia Lawfare
Wednesday, October 3, 2012
Analysis and Commentary

Thoughts On Today’s Important Drone FOIA Oral Argument In DC Circuit

by Jack Goldsmithvia Lawfare
Thursday, September 20, 2012

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