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Jack Goldsmith
Professor , Senior Fellow , Co-Founder
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Jack Goldsmith 21h
I am not sure what the disagreement is here, but legality, and probably "abuse," often do not turn on whether POTUS acts consistent with congressional "will," however one identifies that. (Think of Obama and the Iran deal, or Bush/Obama and the AUMF.)
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Samuel Moyn Feb 18
Amazing as always: American Democracy February 7, 2019 via
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Adrian Vermeule Feb 17
Stuck at 19.9k followers. There seems to be a natural cap on those who will consume a stream of foreign-policy Gabbardianism, domestic-policy New Dealism, social Comstockism, legal Schmittianism, theological Manningism, and general providentialist Maistreanism.
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Benjamin Wittes Feb 16
Wow. In conversation with ⁦⁩ and ⁦, former FISA Presiding Judge John Bates addresses the controversy over the Carter Page FISA application.⁩
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Nate Jones Feb 16
Today, and I launched a limited series podcast. Big thanks to , and the team for partnering with us. We hope listeners enjoy this first episode, as well as those that will follow in the coming weeks.
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Jack Goldsmith Feb 16
Thanks Walter!
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Keith E. Whittington Feb 16
My latest paper on presidential impeachments, high crimes, and the inescability of constitutional politics A Formidable Weapon of Faction? The Law and Politics of Impeachment
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Jack Goldsmith Feb 16
More good pieces on border wall announcements. on judicial deference in the litigation. Bob Bauer on Trump’s lawyers. on OLC's “form and legality” review.
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Jack Goldsmith Feb 16
This is a deep truth, and why all should be pessimistic about reform. Congress gave away power to POTUS over many, many decades for reasons good and bad. The question is whether the way Trump has wielded these powers changes Congress's incentives. Answer = Almost certainly not.
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Jack Goldsmith Feb 16
My colleague makes many good points here. I'd only add that "the tradition of judicial deference to presidential decisions in the domain of national security" likely informs the interpretation of the "highly technical provisions" too.
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Jack Goldsmith Feb 16
Lots of things unmentioned here!
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Jack Goldsmith Feb 16
My take on Trump's border wall announcements yesterday.
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Jack Goldsmith Feb 15
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Jack Goldsmith Feb 15
Replying to @jacklgoldsmith
4/ And Trump ended the press conference by saying: “I want to wish our new attorney general great luck and speed and enjoy your life.” Really funny on so many levels.
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Jack Goldsmith Feb 15
Replying to @jacklgoldsmith
3/ “Please stand up, Bill,” said POTUS unexpectedly in the middle of the presser. “Such an easy job he has got,” joked Trump. “He’s got the easiest job in government.” [Not.]
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Jack Goldsmith Feb 15
Replying to @jacklgoldsmith
2/ So I wonder what Barr was thinking when the President, in the midst of a remarkable press conference that can only hurt the legal case for the border wall proclamation, called Barr out by name.
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Jack Goldsmith Feb 15
1/ AG Barr is a tough experienced Washington hand who went in to his new job with eyes wide open about POTUS. He had probably thought he had seen it all.
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Jack Goldsmith Feb 15
already has great stuff on Trump's Border Actions: Review of Authorities Trump invokes, by and Margaret Taylor. And on an unexpected legal basis for what Trump did.
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Elisheva Avital Feb 15
Replying to @jacklgoldsmith
This passage from Michael Walzer's Just and Unjust Wars illustrates the ironic value of hypocrisy in moral life. Now, we don't even have that.
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Jack Goldsmith Feb 15
Replying to @DavidMastio
That's too far away -- I am writing it up quickly for Lawfare. But thanks.
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