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Jack Goldsmith

@jacklgoldsmith.bsky.social
12K followers 37 following 230 posts

Prof Harvard Law School, Co-founder of Lawfare, Non-res. sr. fellow at AEI; executivefunctions.substack. Opinions mine alone. Likes ≠ agree; = save to read. jackgoldsmith.org

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Jack Goldsmith @jacklgoldsmith.bsky.social · 03/06/2026
Bob Bauer talks to Avril Haines, President Biden's Director of National Intelligence, about the Department that President Trump designated Bill Pulte to lead as Acting Director. open.substack.com/pub/executiv...
open.substack.com
What Exactly is Bill Pulte’s New Job as Acting Director of National Intelligence?
A discussion with former Director of National Intelligence Avril Haines
0113
Jack Goldsmith @jacklgoldsmith.bsky.social · 03/03/2026
Homeland Security in a Time of War with Iran: My discussion with Biden Homeland Security Advisor Elizabeth Sherwood-Randall on how the U.S. government would normally prepare for domestic threats during periods of heightened risk. open.substack.com/pub/executiv...
open.substack.com
Homeland Security in a Time of War with Iran
Preventing retaliatory threats at home
154
Jack Goldsmith @jacklgoldsmith.bsky.social · 23/02/2026
My assessment of the damage Trump and Hegseth are doing to the DOD legal culture. open.substack.com/pub/executiv...
open.substack.com
The Decaying Legal Culture in the Defense Department
Trump and Hegseth will leave the uniformed military damaged by illegality, and Congress will be complicit
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Jack Goldsmith @jacklgoldsmith.bsky.social · 20/02/2026
My thoughts on the Tariff Decision and the President's angry reaction, which affirmed the remarkable power of the Court. open.substack.com/pub/executiv...
open.substack.com
Quick Thoughts on the Tariff Decision and the President's Angry Reaction
A massive defeat for the president and an extraordinary affirmation of the Supreme Court's power.
0144
Jack Goldsmith @jacklgoldsmith.bsky.social · 13/02/2026
Bauer and I discuss how the judicial system this week rebuffed the Trump administration's efforts to punish the six Democrats in Congress who said that members of the military may or must resist illegal orders. open.substack.com/pub/executiv...
open.substack.com
Prosecuting Members of Congress
The injunction in the Kelly case, a grand jury rebuff, and a debate over anti-weaponization reforms.
0144
Jack Goldsmith @jacklgoldsmith.bsky.social · 06/02/2026
My take, building on arguments by James Comey, on the extraordinary degree to which federal courts, including the Supreme Court, have successfully checked the Trump administration in the last year. open.substack.com/pub/executiv...
open.substack.com
The Federal Court Snapback
The judiciary, including the Supreme Court, is standing up to the president
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Jack Goldsmith @jacklgoldsmith.bsky.social · 31/01/2026
Bob Bauer and I discuss the Georgia voting records search warrant and Trump’s $10 billion lawsuit against the IRS. open.substack.com/pub/executiv...
open.substack.com
Donald Trump is Settling Old Scores—and Making New Plans?
The Georgia voting records search warrant and Trump’s $10 billion lawsuit against the IRS
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Jack Goldsmith @jacklgoldsmith.bsky.social · 20/01/2026
My discussion with Sai Prakash about his great (and short!) new book on the Pardon Power (www.amazon.com/Presidential...) open.substack.com/pub/executiv...
open.substack.com
Sai Prakash on the Pardon Power from the Founding to Trump
A short clause, a troubled history
062
Jack Goldsmith @jacklgoldsmith.bsky.social · 16/01/2026
A brief tribute to the great Edward Levi, the 71st Attorney General of the United States. open.substack.com/pub/executiv...
open.substack.com
Edward Levi’s Department of Justice
What a Difference a Half Century Makes
093
Jack Goldsmith @jacklgoldsmith.bsky.social · 12/01/2026
Bob Bauer and I discuss the law and politics of the DOJ criminal investigation of the Fed Chair. open.substack.com/pub/executiv...
open.substack.com
The Criminal Investigation of the Fed Chair
The law and politics of weaponizing DOJ against Powell
083
Jack Goldsmith @jacklgoldsmith.bsky.social · 03/01/2026
My quick take on the legality of the Venezuela invasion. open.substack.com/pub/executiv...
open.substack.com
On the Legality of the Venezuela Invasion
Executive branch precedents can be garnered to support the action—which does not, of course, mean that it is lawful.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 29/12/2025
May have sent bad link earlier on my discussion with Chris Mirasola about the president's protective power and its relevance to Trump's domestic military deployments--a potentially big issue going forward. Now fixed. www.execfunctions.org/p/the-presid...
execfunctions.org
The President's Protective Power
The relevance and limits of the Article II doctrine in domestic military deployments after Trump v. Illinois
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Jack Goldsmith @jacklgoldsmith.bsky.social · 29/12/2025
My discussion with Chris Mirasola about the president's protective power and its relevance to Trump's domestic military deployments--a potentially big issue going forward. www.execfunctions.org/p/the-presid... Chris's great article on this: papers.ssrn.com/sol3/papers....
execfunctions.org
The President's Protective Power
The relevance and limits of the Article II doctrine in domestic military deployments after Trump v. Illinois
0103
Jack Goldsmith @jacklgoldsmith.bsky.social · 24/12/2025
My thoughts on the Interim Order in Trump v. Illinois open.substack.com/pub/executiv...
open.substack.com
Thoughts on the Interim Order in Trump v. Illinois
The administration loses but still has options for domestic military deployment
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Jack Goldsmith @jacklgoldsmith.bsky.social · 22/12/2025
Re-upping my take from a year ago on Trump and Greenland: "Trump has a habit of making the unthinkable thinkable. But he faces complex legal and political hurdles to making the thinkable a reality." open.substack.com/pub/executiv...
open.substack.com
The Danish West Indies Precedent for U.S. Acquisition of Greenland
There is lots of law between Donald Trump and the acquisition of Greenland
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Jack Goldsmith @jacklgoldsmith.bsky.social · 09/12/2025
My discussion with Alan Rozenshtein on Executive Power in the Age of Artificial Intelligence: Bureaucracy and the presidential "oracle" www.execfunctions.org/p/executive-...
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Jack Goldsmith @jacklgoldsmith.bsky.social · 29/11/2025
A Dishonorable Strike Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder www.execfunctions.org/p/a-dishonor...
execfunctions.org
A Dishonorable Strike
Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder
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Jack Goldsmith @jacklgoldsmith.bsky.social · 11/11/2025
My discussion with David Pozen about his elucidating essay, with Jedediah Britton-Purdy, entitled: "What Are We Living Through? Three competing narratives of the second Trump administration." www.execfunctions.org/p/what-are-w...
execfunctions.org
What Are We Living Through?
Three ways to understand the Trump administration
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Jack Goldsmith @jacklgoldsmith.bsky.social · 06/11/2025
My take on the tariffs oral argument. www.nytimes.com/2025/11/05/o...
nytimes.com
Opinion | Why It Will Be Hard for Five Justices to Bless Trump’s Tariffs
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Jack Goldsmith @jacklgoldsmith.bsky.social · 27/10/2025
My take on the significance of the classified OLC opinion for the Venezuela boat strikes. www.execfunctions.org/p/the-venezu...
execfunctions.org
The Venezuela Boat Strikes and the Justice Department’s Golden Shield
How the Office of Legal Counsel Helps the White House in its Summary Killings
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Jack Goldsmith @jacklgoldsmith.bsky.social · 14/10/2025
Bob Bauer and I discuss internal rifts at DOJ, the loyalty pressures shaping the Trump administration, and whether constitutional reform is needed to curb the spiral of politicized prosecutions. www.execfunctions.org/p/decision-m...
execfunctions.org
Decision-making Disarray at the DOJ
Blanche, Bondi, Halligan, Martin—and a White House in charge
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Jack Goldsmith @jacklgoldsmith.bsky.social · 04/08/2025
First full draft of a new paper: A (very) deep dive in to the Supreme Court's interim orders related to Trump thus far this year. papers.ssrn.com/sol3/papers....
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Jack Goldsmith @jacklgoldsmith.bsky.social · 19/06/2025
My take on Trump's second and still-illegal extension of his order declining enforcement of the TikTok ban and seeking to wipe out private liability under the law, with assessment of implications. open.substack.com/pub/executiv...
open.substack.com
Trump’s Continuing Illegal Refusal to Enforce the TikTok Ban
This executive branch precedent will have long and bad legs.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 18/06/2025
Bob Bauer and I discuss the possibility of the US joining in on Israel's strikes on Iran: legal authorities, Congress's role, and the politics. open.substack.com/pub/executiv...
open.substack.com
The Iran Conflict and War Powers
Assessing the president's authority, Congress's role, and the underlying politics
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Jack Goldsmith @jacklgoldsmith.bsky.social · 16/06/2025
My assessment of Martin v. Mott, which will be crucial in resolving the L.A. Deployment case and other more aggressive domestic military deployments. open.substack.com/pub/executiv...
open.substack.com
Martin v. Mott Enters the Stage
The scope of judicial review of the president’s domestic deployment decisions, and the federal courts’ larger predicament
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Jack Goldsmith @jacklgoldsmith.bsky.social · 13/06/2025
Bob Bauer and I discuss the L.A. Deployment Ruling open.substack.com/pub/executiv...
open.substack.com
The Weak L.A. Deployment Ruling
A missed opportunity and next steps
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Jack Goldsmith @jacklgoldsmith.bsky.social · 10/06/2025
California Sues USG and and the Marines Enter L.A.: A longer-than-usual chat with Bob Bauer in which we disagree, a bit, on the law and politics of the USG-CA standoff. open.substack.com/pub/executiv...
open.substack.com
California Sues and Marines Enter L.A.
A longer-than-usual chat in which we disagree, a bit, on the law and politics
162
Jack Goldsmith @jacklgoldsmith.bsky.social · 09/06/2025
Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA. open.substack.com/pub/executiv...
open.substack.com
Troops in Los Angeles
The legal authorities and possible trajectory of the deployment
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Jack Goldsmith @jacklgoldsmith.bsky.social · 09/06/2025
Short, sound, and straightforward legal analysis of the National Guard in LA, by @cmirasola1. Bottom line: 10 USC 12406 is the authority to federalize national guard, but the "protective power" exercised by POTUS is Article II-based. www.lawfaremedia.org/article/the-...
lawfaremedia.org
The National Guard in Los Angeles
The president hasn’t invoked the Insurrection Act. He’s instead relying on a theory of inherent constitutional power that is far more limited.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 05/06/2025
Bob Bauer on why Trump openly flaunts his corruption. open.substack.com/pub/executiv...
open.substack.com
The Money 'Game' and the All-Powerful Executive
Trump’s open profiteering is not only about self-enrichment.
082
Jack Goldsmith @jacklgoldsmith.bsky.social · 02/06/2025
Bob Bauer and I discuss Trump's attack on the Federalist Society, the Emile Bove nomination to the federal court of appeals, and Trump 2.0 vision for the federal judiciary. open.substack.com/pub/executiv...
open.substack.com
Trumpifying Federal Courts
The president’s attacks on the Federalist Society and his nomination of Emil Bove
031
Jack Goldsmith @jacklgoldsmith.bsky.social · 30/05/2025
My take on the weaknesses in the Trump IEEPA tariff rulings and the extraordinary importance, underemphasized in those rulings, of the major questions doctrine to the legality of the Trump tariffs. open.substack.com/pub/executiv...
open.substack.com
The Weaknesses in the Trump Tariff Rulings
The tariffs may be awful but two federal courts did not persuasively show that they are unlawful.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 23/05/2025
Bob Bauer and I discuss Trump v. Wilcox, the Supreme Court’s important emergency docket ruling on Presidential removal power, including what it means for Humphrey’s Executor, and other potential short- and long-term consequences. open.substack.com/pub/executiv...
open.substack.com
The Supreme Court’s Important Decision on Presidential Removal
Unpacking the emergency order in Trump v. Wilcox
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Reposted by Jack Goldsmith
Executive Functions @execfunctions.org · 20/05/2025
Read today's Executive Functions Roundup, featuring two Alien Enemies Act rulings, two announcements from the DOJ, and commentary from @nicholasbednar.bsky.social and Erwin Chemerinsky. executivefunctions.substack.com/p/executive-...
executivefunctions.substack.com
Executive Functions Roundup
False Claims Act
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Jack Goldsmith @jacklgoldsmith.bsky.social · 16/05/2025
And Bauer and I discuss the details of the oral argument and my post as well. open.substack.com/pub/executiv...
open.substack.com
The Birthright Citizenship Argument
Solicitor General Sauer concedes judicial supremacy, and other highlights from the oral argument
020
Reposted by Jack Goldsmith
Jamal Greene @jamalgreene.bsky.social · 16/05/2025
The structure of the argument reminds me of a lot of unitary executive arguments--"well, of course, our first-principles theory doesn't go so far as [ignoring SCOTUS precedents/destroying the civil service], because.... uh, well, we're not arguing that anyway."
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Jack Goldsmith @jacklgoldsmith.bsky.social · 16/05/2025
My quick views on yesterday's oral argument: Sauer's amazing embrace of judicial supremacy. But can the Court trust him? open.substack.com/pub/executiv...
open.substack.com
The Solicitor General Embraces Judicial Supremacy
He had to for his argument against universal injunctions to work
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Jack Goldsmith @jacklgoldsmith.bsky.social · 13/05/2025
Bob Bauer and I discuss the administration’s habeas trial balloons, the legal issues and possible strategic aims underlying the comments, and how this all fits into the administration’s larger attacks on the courts. open.substack.com/pub/executiv...
open.substack.com
The Anatomy of a Habeas Troll
What's behind the administration's habeas comments? And what will the courts think?
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Jack Goldsmith @jacklgoldsmith.bsky.social · 12/05/2025
My take on the Stephen Miller habeas troll. open.substack.com/pub/executiv...
open.substack.com
Trolling About Habeas Corpus
On the aims of disruption through provocation
1115
Jack Goldsmith @jacklgoldsmith.bsky.social · 08/05/2025
Bob Bauer and I discuss reports of extensive corrupt conduct in the Trump administration, the innovations that facilitated the corruption, the reasons for the muted public reaction, what might generate a stronger reaction, reform possibilities, and more. open.substack.com/pub/executiv...
open.substack.com
Corruption in Trump 2.0
It's astonishing, but does anyone care?
084
Jack Goldsmith @jacklgoldsmith.bsky.social · 08/05/2025
Looking forward to May 12, 3 PM EDT, talk w/ Carnegie Endowment Prez Tino Cuéllar & Sr. Fellow Aaron David Miller on #CarnegieConnects to discuss the impacts of the Trump Administration's unprecedented expansion of power over the judiciary. RSVP to tune in: carnegieendowment.org/events/2025/...
carnegieendowment.org
Trump and the Courts: Will Our Guardrails Hold?
Join Aaron David Miller as he engages the Carnegie Endowment’s Tino Cuéllar and Harvard’s Learned Hand Professor of Law Jack Goldsmith to shed light on President Trump's growing reach over the judiciary and its implications for America’s changing place in the world on the next Carnegie Connects.
031
Jack Goldsmith @jacklgoldsmith.bsky.social · 05/05/2025
Bob Bauer and I discuss my oped this morning in NYT (www.nytimes.com/2025/05/05/o...) open.substack.com/pub/executiv...
open.substack.com
Runaway Presidencies
We break down Jack's op-ed in the New York Times.
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Reposted by Jack Goldsmith
Executive Functions @execfunctions.org · 02/05/2025
Read today's Executive Functions Roundup, featuring a ruling on the merits of Trump's Alien Enemies Act deportations, a new government application in the Supreme Court, commentary from @chrisgeidner.bsky.social and @ilyasomin.bsky.social, and more. executivefunctions.substack.com/p/executive-...
executivefunctions.substack.com
Executive Functions Roundup
Blocked
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Jack Goldsmith @jacklgoldsmith.bsky.social · 29/04/2025
Executive Functions is hiring a paid full- or part-time executive editor position starting this spring/summer. open.substack.com/pub/executiv...
open.substack.com
Executive Functions Is Hiring!
A paid full- or part-time executive editor position starting this spring/summer
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Jack Goldsmith @jacklgoldsmith.bsky.social · 25/04/2025
Bob Bauer and I discuss the firing of Bill Burck, Harvard’s lead counsel, from his position as outside ethics advisor of the Trump Organization, and other developments in the Harvard-USG case. open.substack.com/pub/executiv...
open.substack.com
Trump Organization Fires a Key Player in the Harvard Case
What does this mean for the negotiations?
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Reposted by Jack Goldsmith
Executive Functions @execfunctions.org · 24/04/2025
Read today's Executive Functions Roundup, featuring an order to return another individual deported under the AEA, commentary from @stevevladeck.bsky.social, @tphillips.bsky.social, John Bessler, and William Galston, and more. executivefunctions.substack.com/p/executive-...
executivefunctions.substack.com
Executive Functions Roundup
Facilitate
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Jack Goldsmith @jacklgoldsmith.bsky.social · 23/04/2025
Executive Functions is hiring Summer and Fall interns. open.substack.com/pub/executiv...
open.substack.com
Executive Functions Is Hiring!
Summer and fall interns
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Jack Goldsmith @jacklgoldsmith.bsky.social · 22/04/2025
Bob Bauer and I discuss how courts are reacting to Trump administration gamesmanship, with special attention to the Supreme Court's weekend order in the Alien Enemies Act matter. open.substack.com/pub/executiv...
open.substack.com
The Courts React to the Administration's Aggressive Conduct
Is it starting to hurt?
060
Jack Goldsmith @jacklgoldsmith.bsky.social · 21/04/2025
My thoughts on SG Sauer, weekend AEA order, the Abrego Garcia case, & why the 5-15 Birthright Citizenship argument "may be the 1st time an administration official is held to general public account for the administration’s actions toward federal courts" open.substack.com/pub/executiv...
open.substack.com
Solicitor General John Sauer’s Predicament
His incompatible duties to the president and the Supreme Court are coming to a head.
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Reposted by Jack Goldsmith
Executive Functions @execfunctions.org · 18/04/2025
Read today's Executive Functions Roundup, featuring Judge Wilkinson's opinion in the Abrego Garcia case, scheduled oral argument in the birthright citizenship cases, much commentary, and more. executivefunctions.substack.com/p/executive-...
executivefunctions.substack.com
Executive Functions Roundup
Cling
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