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Jack Goldsmith

A New AUMF: What Is the Obama Administration Afraid of?

Daniel R. DePetris | Posted 11.16.2014 | Politics
Daniel R. DePetris

Either the president needs some new faces in the Office of Legal Counsel, or his team needs to do what many of his allies on Capitol Hill are calling for: Ask Congress to grant new statutory authority for the military campaign against ISIL in both Iraq and Syria. What is the administration afraid of?

Jack Goldsmith: The Real Problem With The Drones Strikes Is The Legal Structure

The Huffington Post | Jon Ward | Posted 02.12.2013 | Politics

If you were around for George W. Bush's presidency, you will remember Jack Goldsmith. He's the guy who tore up the Bush administration's "torture memo...

The Drone War May be Popular in the U.S. AND Illegal

Daphne Eviatar | Posted 09.26.2012 | World
Daphne Eviatar

Americans see the drone war as essentially cost-free. But the terrorist threat is coming from Muslim countries with growing anti-U.S. sentiment, as recent protests in Pakistan and Yemen demonstrate. It's time for the U.S. to rethink what it's doing in that part of the world.

Constitution Check: Is the Constitutionality of the "War on Terrorism" a Settled Issue?

Lyle Denniston | Posted 04.30.2012 | Politics
Lyle Denniston

Perhaps a decade should have been long enough for the constitutional issues over war on terrorism policies to get settled. That hasn't happened, though.

Stop Over-the-Top Attacks on the Office of Legal Counsel, and Focus on Governing

Caroline Fredrickson | Posted 04.03.2012 | Politics
Caroline Fredrickson

Please -- cut the hyperbole, senators, and get back to work.

The Surveillance Memos, and a Suggestion for Jack Goldsmith

Jameel Jaffer | Posted 05.25.2011 | Politics
Jameel Jaffer

Last week, almost five years after we filed our request under the Freedom of Information Act request, we managed to obtain two Bush administration legal memos about government surveillance.

Indefinite Detention Would Harm, Not Help, National Security

Daphne Eviatar | Posted 05.25.2011 | Politics
Daphne Eviatar

Even if one believes that national security trumps all, the failure to provide a fair trial to suspected terrorists will ultimately do far more harm to U.S. national security than it will do good.

Liz Cheney & Co. Have Little Faith in U.S. Law

Daphne Eviatar | Posted 05.25.2011 | Politics
Daphne Eviatar

Liz Cheney may be right that excluding a witness derived by torture will make the government's case against Ahmed Khalfan Ghailani more difficult. But in the end, a fair trial will do far more to defeat al Qaeda than will foregoing justice altogether.

Lindsey Graham's Backwards Look at Military Commissions

Daphne Eviatar | Posted 05.25.2011 | Politics
Daphne Eviatar

I'll agree with Sen. Lindsey Graham on one thing: "Americans still wait for justice." But Graham's explanation for why we haven't yet seen justice is actually backwards.

March Madness Strikes the Terror Debates

Daphne Eviatar | Posted 05.25.2011 | Politics
Daphne Eviatar

Lindsey Graham's effort to get the administration to abandon legitimate federal court trials for suspected terrorists in exchange for the funding needed to close Guantanamo Bay is headed nowhere fast.

Wittes, Goldsmith, and KSM: "Absurd," "Cynical"

William Fisher | Posted 05.25.2011 | Politics
William Fisher

The American people deserve to know what happened on 9/11 and who was behind it. The families deserve an opportunity to see justice served.

The OPR Report Is Only the Beginning

Daphne Eviatar | Posted 05.25.2011 | Politics
Daphne Eviatar

The final OPR report is only the beginning. We still don't know who asked Yoo and Bybee to write these memos, what specific instructions they were given or if they were they pressured to reach a particular conclusion.

Bush DOJ Vets Defend Holder's KSM Decisions

Washington Post | Jim Comey and Jack Goldsmith | Posted 05.25.2011 | Politics

Reasonable minds can disagree about Attorney General Eric Holder's decision to prosecute Khalid Sheik Mohammed and four other alleged Sept. 11 perpetr...

Decanting the Truth

Jim Lichtman | Posted 05.25.2011 | Politics
Jim Lichtman

In a press interview regarding the Iraq war, Vice-President Dick Cheney was asked "Over 70 percent of Americans disagree with this war, what is your r...

No Soup For Yoo: Our Right to Refuse Service to the Constitution's Torturers

David Quigg | Posted 05.25.2011 | Politics
David Quigg

Reading The Dark Side, as I just have, forces a stomach-turning, jaw-clenching reckoning with Guantanamo, Abu Ghraib, CIA kidnappings, secret prisons, waterboarding, and a shameful list of other soul-shattering abuses.

Bush Rejected Ashcroft's DOJ Picks In Favor Of Torture-Legalizing Loyalist

Washington Post | Posted 05.25.2011 | Politics

Then-Attorney General John D. Ashcroft offered the White House a list of five candidates to lead the Justice Department Office of Legal Counsel in ear...

Former Bush Lawyer On Spy Program: "The Biggest Legal Mess I Had Ever Encountered"

New York Times | Posted 05.25.2011 | Politics

Jack L. Goldsmith, a Harvard law professor who led the Justice Department office that objected to a Bush administration domestic eavesdropping plan, t...