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Dec 20, 2024 | 
nytimes.com | Kate Shaw |Jack Goldsmith
Goldsmith: I would not exaggerate how much impeachment (which I agree has been diminished) or the threat of post-presidency prosecution were ever meaningful checks on the president. One important check is that subordinate executive branch officials through whom the president must almost always act should remain subject to criminal law checks - that has always been a powerful force in checking the president (and was in Trump 1.0).
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Oct 31, 2024 | 
hoover.org | Jack Goldsmith |Eugene Volokh
MyHoover delivers a personalized experience at Hoover.org. In a few easy steps, create an account and receive the most recent analysis from Hoover fellows tailored to your specific policy interests. Watch this video for an overview of MyHoover. Create Account
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Sep 4, 2024 | 
justsecurity.org | Jack Goldsmith |Oona A. Hathaway
This article is cross-posted at Lawfare. On July 12, Director of National Intelligence Avril Haines signed Intelligence Community Directive 711, which establishes new requirements for intelligence community (IC) administration of prepublication reviews. It is the first IC-wide guidance on prepublication review, and it will lead to changes in the much-criticized (including by us) system of prior restraint on speech that applies to millions of current and former U.S. government employees.
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Jul 29, 2024 | 
lowyinstitute.org | Jack Goldsmith
The city of Kokomo sits about an hour’s drive north of Indianapolis in the American Midwest. Immersed in the agricultural heartland between the historic industrial centres of Detroit and Chicago, Kokomo’s once thriving automobile manufacturing plants have suffered under decades of deindustrialisation, leaving it one of the hardest hit localities during the Global Financial Crisis.
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Jul 8, 2024 | 
lexology.com | Jack Goldsmith
Space is not a legal 'Wild West', though evolving geopolitics and technology are rapidly requiring new laws and norms. Key takeoutsSpace law is a complicated structure built on a geopolitically fraught past. New space technologies and actors are forcing us to consider how space is governed. Australia has a key role to play as a space norms entrepreneur. IntroductionLike the environment and radiofrequency, outer space is a shared human resource.
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Apr 30, 2024 | 
freedombunker.com | Jack Goldsmith |Marty Lederman |Chris Future
Robert Leider on Sources of Presidential ImmunityApril 30, 2024 | Tags: REASONI've benefited from much thoughtful commentary about last week's arguments in Trump v. United States, the presidential immunity case (besides posts at this blog, see e.g. these posts by Jack Goldsmith and by Marty Lederman).
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Apr 30, 2024 | 
inkl.com | Jack Goldsmith |Marty Lederman
Immunity from personal jurisdiction. Of the four "exceptions" I lay out in this blog post, this is the only true "immunity." Presidents cannot be indicted or prosecuted while they remain in office. The Office of Legal Counsel has long advocated this position. The source of this immunity is historical and structural. Historically, immunity from personal jurisdiction could be viewed as a remaining remnant of sovereign immunity that the Crown possessed.
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Mar 13, 2024 | 
startribune.com | Jack Goldsmith
Opinion editor's note: Star Tribune Opinion publishes a mix of national and local commentaries online and in print each day. To contribute, click here. ??? On Tuesday, when the special counsel Robert Hur testified before Congress, it was high presidential-year political theater. This is just the latest example of the inversion of the aims of the special counsel office.
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Mar 8, 2024 | 
lawfaremedia.org | Jack Goldsmith |Byron Tau |Jen Patja |Daniel Byman
Published by The Lawfare Institute
in Cooperation With
The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes. Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light.
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Dec 28, 2023 | 
rsn.org | Bob Bauer |Jack Goldsmith
The Insurrection Act is a dangerous centuries-old federal statute that authorizes the president, with few restraints, to deploy the U.S. military inside the United States to suppress threats the president perceives to the constitutional order. Commentators have recently proposed tightening the law following reports that former President Donald Trump and his advisers are planning to use it aggressively for law enforcement and to quell domestic disturbances if Mr. Trump is once more elected.
