Jack Goldsmith
American legal scholar; Learned Hand Professor of Law at Harvard Law School and a non-resident senior fellow at the American Enterprise Institute. Head of the Justice Department's Office of Legal Counsel from 2003 to 2004. Writes Executive Functions with Bob Bauer on presidential power.
Jack Goldsmith did not write this page.
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Their wordsThe aim has been to use every tool of government power-prosecutions, investigations, raids, arrests, firings, funding and benefit cutoffs, threats of all of these things, other sorts of threats, and harsh government speech that riles up crowds of minatory supporters-in an effort to impose as much pain as possible on enemies, broadly conceived.
↗Senator Slotkin’s Imprudent Remarks and Republicans’ Hypocritical Reactionsexecfunctions.org 1st of 3 in this piece
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Their wordsI am confident that a good chunk of the Trump weaponization strategy is to achieve deterrence of just these sorts.
↗Senator Slotkin’s Imprudent Remarks and Republicans’ Hypocritical Reactionsexecfunctions.org 2nd of 3 in this piece
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Our reading
The incentive for brutal retaliation will be overwhelming for the next Democratic administration.
Their wordsThe incentive for brutal retaliation will be overwhelming, especially since it will be argued, just as Vance argued, that the other side has already done it, will do it again if possible, and thus must be maximally deterred.
↗Senator Slotkin’s Imprudent Remarks and Republicans’ Hypocritical Reactionsexecfunctions.org 3rd of 3 in this piece
- 2 weeks earlier
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Our reading
Inspectors General can facilitate executive branch accountability even under a unitary executive.
Their wordsAnd yet IGs can still facilitate executive branch accountability, as two recent IG reports-from the Trump-appointed, Senate-confirmed Pentagon IG, and the non-confirmed Federal Reserve IG-illustrate.
↗Inspectors General Live!execfunctions.org 1st of 3 in this piece
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Their wordsAnd as a general matter the Trump administration has succeeded in chilling most IGs around the government from robustly pursuing abuse and fraud within their agencies.
↗Inspectors General Live!execfunctions.org 2nd of 3 in this piece
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Their wordsIGs remain useful to many actors inside the executive branch and in Congress, and that usefulness can empower them politically even if they lack formal independence within the executive branch.
↗Inspectors General Live!execfunctions.org 3rd of 3 in this piece
- 3 weeks earlier
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Their wordsBut for uses of force against these organizations, and for all future threatening terrorist organizations, the AUMF is no longer practically important.
↗The 25th Anniversary of the 2001 AUMFexecfunctions.org 1st of 3 in this piece
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Their wordsPut another way, if Congress abrogated the 2001 AUMF tomorrow, the president would have all of the authority he needs under Article II to continue using force against all current terrorist threats around the globe.
↗The 25th Anniversary of the 2001 AUMFexecfunctions.org 2nd of 3 in this piece
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Their wordsThat said, and second, AUMF reform is now largely beside the point in light of the president's continual expansion of his Article II war powers.
↗The 25th Anniversary of the 2001 AUMFexecfunctions.org 3rd of 3 in this piece
- 2 weeks earlier
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Their wordsAnd with the norm rejected, as a matter of Article II power, it is right: the president can direct a prosecution.
↗The Unitary Executive and Comey’s Vindictive Prosecution Claimexecfunctions.org 1st of 3 in this piece
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Their wordsThe unitary executive justifies vertical presidential control within the executive branch. It does not excuse executive branch actions that (as Comey alleges) violate the First Amendment or equal protection and due process principles.
↗The Unitary Executive and Comey’s Vindictive Prosecution Claimexecfunctions.org 2nd of 3 in this piece
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Their wordsAny legal hurdle to inferring the vindictiveness of this charging prosecutor from the vindictiveness of this president should be lowered, if not eliminated, by the Trump administration's unprecedentedly extreme claims of unitariness.
↗The Unitary Executive and Comey’s Vindictive Prosecution Claimexecfunctions.org 3rd of 3 in this piece