Oona A. Hathaway

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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. 

Analysis and Commentary

The Death Of Article II Treaties?

by Curtis A. Bradley, Oona A. Hathaway, Jack Goldsmithvia Lawfare
Thursday, December 13, 2018

President Trump has submitted only one treaty to the Senate so far in his presidency. That is a historic low, and it is the latest sign that the Article II treaty process may be dying.

Analysis and Commentary

Bad Legal Arguments For The Syria Airstrikes

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Saturday, April 14, 2018

On Friday night, the United States, United Kingdom, and France launched a coordinated attack in Syria, reportedly aimed at sites related to Syria’s chemical weapons program. President Trump stated that he “ordered the United States armed forces to launch precision strikes on targets associated with the chemical weapons capabilities of Syrian dictator Bashar al-Assad.”


The Downsides Of Bombing Syria

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Tuesday, April 10, 2018

The U.S. government seems on a set path toward intervening in Syria with military force (probably air strikes of some sort) in response to the recent a chemical weapons attack allegedly sponsored by the Syrian government. We think a few brief points are worth keeping in mind.


Disappointing DOD Inspector General Report On Pre-Publication Review

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Thursday, June 23, 2016

Earlier this year, we wrote about the US Government’s broken pre-publication review process.


Important First Step By HPSCI On Pre-Publication Review Reform

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Thursday, May 26, 2016

We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively on the pre-publication review issue that we first wrote about.

Analysis and Commentary

The Scope Of The Prepublication Review Problem, And What To Do About It

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Wednesday, December 30, 2015

The problems in the pre-publication review process that we identified in our WP op-ed and in a subsequent post are very hard to document precisely. There are a handful of high-profile public cases involving challenges to the government’s classification decisions, most of which the government wins.

Analysis and Commentary

The Government’s Prepublication Review Process Is Broken

by Jack Goldsmith, Oona A. Hathawayvia The Washington Post
Friday, December 25, 2015

We both learned the hard way that public service in jobs related to national security carries the risk that, for the rest of our lives, the government will insist that we allow it to review virtually everything we write related to our time in government before it can be published.