Jack Goldsmith
Encyclopedia
Jack Landman Goldsmith is a Harvard Law School
professor who has written a number of texts regarding international law
, cyber law, and national security law. He has been "widely considered one of the brightest stars in the conservative
legal firmament."
From October 2003 to July 2004, he served under Attorney General John Ashcroft
and Deputy Attorney General James Comey as an United States Assistant Attorney General
for the Office of Legal Counsel
in the Department of Justice
, and wrote a book about his experiences there called The Terror Presidency.
summa cum laude in 1984. He then earned a second B.A. with first class honours
, from Oxford University, in 1986, a J.D.
from Yale Law School
, in 1989, an M.A. from Oxford (which is not a separate degree, but an upgrading of the BA), in 1991, and a diploma from the Hague Academy of International Law
in 1992. He clerked for Judge J. Harvie Wilkinson III on the United States Court of Appeals for the Fourth Circuit
from 1989 to 1990, and for Justice Anthony Kennedy
of the Supreme Court of the United States
from 1990 to 1991. Before joining the Harvard Law faculty, he was a professor at the University of Chicago Law School
and the University of Virginia Law School.
, which provides legal guidance to the president
and all executive branch agencies, including those tasked with the interrogation of enemy combatant
s. This placed him in a position to influence debates within the Bush administration regarding the conduct of the War on Terror
, where he was successful in moderating some of what he considered to be the "constitutional excesses" embraced by the White House. Goldsmith resigned from the OLC 30 June 2004.
During his tenure at OLC Goldsmith withdrew as legally defective what have been called variously the Bybee Memo or the Torture Memos
, OLC legal justifications for tormenting detainees regarded by the CIA as a "golden shield" against prosecuting officials involved.
He was unable to complete replacement opinions however, before his resignation. In Goldsmith's book, The Terror Presidency, he claims he resigned largely because he felt he had lost the confidence of administration leaders. He does not specify who those leaders were, but notes that White House Counsel Alberto Gonzales
asked him to remain while David Addington
, then the legal counsel to the Vice-President and an influential White House figure, sardonically asked which other OLC opinions he intended to overturn. The book observes: "Nobody had said no to them before."
According to Goldsmith, one consequence of OLC's "power to interpret the law is the power to bestow on government officials what is effectively an advance pardon for actions taken at the edges of vague criminal statutes."
promulgated in the war on terror, including the definition of torture, the applicability of the Geneva Conventions to the war on terror
and the Iraq War, the detention and trial of suspected terrorists at Guantanamo Bay and elsewhere, and wiretapping laws. Though he is largely sympathetic with the concerns of the Bush administration's terrorism policies, his primary claim is that fear of another attack drove the administration' policy, and that its focus on the hard power of prerogative rather than the soft power of persuasion had been counterproductive, both in the war on terror and in the extension of effective executive authority. Some of the assertions made in the book include that the Chief of Staff to Vice President
Dick Cheney
, David Addington
, at one point said that "we’re one bomb away from getting rid of that obnoxious court," referring to the secret Foreign Intelligence Surveillance Act court that rules on warrants for secret wiretapping by the United States
government.
Goldsmith appeared on Bill Moyers
' show on September 7, 2007 to discuss his work, and his time in Attorney General John Ashcroft
's hospital room when Alberto Gonzales
and White House Chief of Staff Andrew Card
attempted to persuade Ashcroft to change his mind about the Bush administration
's warrantless wiretap program
. He reported that Mrs. Ashcroft stuck her tongue out at Gonzales and Card as they left the room.
Goldsmith has clarified his opinions more recently on NOW on PBS, going so far as to respond to the question "What's the downside of regular courts" a statement culminating in "Another reason you might not want to use the trial system is that the trial system, to be legitimate, has to have the possibility of acquitting someone of a crime" in reference to attempts to allow military trials of American Citizens while withholding government evidence.
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
professor who has written a number of texts regarding international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, cyber law, and national security law. He has been "widely considered one of the brightest stars in the conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
legal firmament."
From October 2003 to July 2004, he served under Attorney General John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
and Deputy Attorney General James Comey as an United States Assistant Attorney General
United States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
for the Office of Legal Counsel
Office of Legal Counsel
The Office of Legal Counsel is an office in the United States Department of Justice that assists the Attorney General in his function as legal adviser to the President and all executive branch agencies.-History:...
in the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, and wrote a book about his experiences there called The Terror Presidency.
Education and career
Goldsmith graduated from Washington & Lee University with a B.A.Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
summa cum laude in 1984. He then earned a second B.A. with first class honours
British undergraduate degree classification
The British undergraduate degree classification system is a grading scheme for undergraduate degrees in the United Kingdom...
, from Oxford University, in 1986, a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, in 1989, an M.A. from Oxford (which is not a separate degree, but an upgrading of the BA), in 1991, and a diploma from the Hague Academy of International Law
Hague Academy of International Law
The Hague Academy of International Law is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, The Netherlands...
in 1992. He clerked for Judge J. Harvie Wilkinson III on the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
from 1989 to 1990, and for Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
from 1990 to 1991. Before joining the Harvard Law faculty, he was a professor at the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
and the University of Virginia Law School.
Office of Legal Counsel
In October 2003, Goldsmith was selected to head the Office of Legal CounselOffice of Legal Counsel
The Office of Legal Counsel is an office in the United States Department of Justice that assists the Attorney General in his function as legal adviser to the President and all executive branch agencies.-History:...
, which provides legal guidance to the president
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
and all executive branch agencies, including those tasked with the interrogation of enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
s. This placed him in a position to influence debates within the Bush administration regarding the conduct of the War on Terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
, where he was successful in moderating some of what he considered to be the "constitutional excesses" embraced by the White House. Goldsmith resigned from the OLC 30 June 2004.
During his tenure at OLC Goldsmith withdrew as legally defective what have been called variously the Bybee Memo or the Torture Memos
Torture Memos
The Torture Memos, sometimes called the Bybee Memo or 8/1/02 Interrogation Opinion, were a set of legal memoranda drafted by Deputy Assistant Attorney General of the United States John Yoo and signed by Assistant Attorney General Jay Bybee...
, OLC legal justifications for tormenting detainees regarded by the CIA as a "golden shield" against prosecuting officials involved.
He was unable to complete replacement opinions however, before his resignation. In Goldsmith's book, The Terror Presidency, he claims he resigned largely because he felt he had lost the confidence of administration leaders. He does not specify who those leaders were, but notes that White House Counsel Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
asked him to remain while David Addington
David Addington
David Spears Addington , was legal counsel and chief of staff to former Vice President Dick Cheney, and is now vice president of domestic and economic policy studies at The Heritage Foundation....
, then the legal counsel to the Vice-President and an influential White House figure, sardonically asked which other OLC opinions he intended to overturn. The book observes: "Nobody had said no to them before."
According to Goldsmith, one consequence of OLC's "power to interpret the law is the power to bestow on government officials what is effectively an advance pardon for actions taken at the edges of vague criminal statutes."
The Terror Presidency
Goldsmith is the author of The Terror Presidency, a book that details his tenure at OLC and reaction to legal opinions the Bush administrationGeorge W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
promulgated in the war on terror, including the definition of torture, the applicability of the Geneva Conventions to the war on terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
and the Iraq War, the detention and trial of suspected terrorists at Guantanamo Bay and elsewhere, and wiretapping laws. Though he is largely sympathetic with the concerns of the Bush administration's terrorism policies, his primary claim is that fear of another attack drove the administration' policy, and that its focus on the hard power of prerogative rather than the soft power of persuasion had been counterproductive, both in the war on terror and in the extension of effective executive authority. Some of the assertions made in the book include that the Chief of Staff to Vice President
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
Dick Cheney
Dick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....
, David Addington
David Addington
David Spears Addington , was legal counsel and chief of staff to former Vice President Dick Cheney, and is now vice president of domestic and economic policy studies at The Heritage Foundation....
, at one point said that "we’re one bomb away from getting rid of that obnoxious court," referring to the secret Foreign Intelligence Surveillance Act court that rules on warrants for secret wiretapping by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
government.
Goldsmith appeared on Bill Moyers
Bill Moyers
Bill Moyers is an American journalist and public commentator. He served as White House Press Secretary in the United States President Lyndon B. Johnson Administration from 1965 to 1967. He worked as a news commentator on television for ten years. Moyers has had an extensive involvement with public...
' show on September 7, 2007 to discuss his work, and his time in Attorney General John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
's hospital room when Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
and White House Chief of Staff Andrew Card
Andrew Card
Andrew Hill Card, Jr. is a Republican American politician, former United States Cabinet member, and head of President George W. Bush's White House Iraq Group. Card served as U.S. Secretary of Transportation under President George H. W. Bush and the White House Chief of Staff under George W. Bush...
attempted to persuade Ashcroft to change his mind about the Bush administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
's warrantless wiretap program
NSA warrantless surveillance controversy
The NSA warrantless surveillance controversy concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...
. He reported that Mrs. Ashcroft stuck her tongue out at Gonzales and Card as they left the room.
Goldsmith has clarified his opinions more recently on NOW on PBS, going so far as to respond to the question "What's the downside of regular courts" a statement culminating in "Another reason you might not want to use the trial system is that the trial system, to be legitimate, has to have the possibility of acquitting someone of a crime" in reference to attempts to allow military trials of American Citizens while withholding government evidence.
Books authored
- Who Controls the Internet? Illusions of a Borderless WorldWho Controls the Internet?Who Controls the Internet? Illusions of a Borderless World is a 2006 book by Jack Goldsmith and Tim Wu that offers an assessment of the struggle to control the Internet. Starting with a discussion of the early vision of a borderless global community, the authors present some of the most prominent...
(with Tim WuTim WuTim Wu is a professor at Columbia Law School, the former chair of media reform group Free Press, and a writer for Slate Magazine. He is also a former Bernard L. Schwartz and Future Tense fellow at The New America Foundation...
, 2006) ISBN 0-19-515266-2
External links
- Why the U.S. shouldn't try Julian Assange, Washington Post op-ed by Goldsmith