Jack Goldsmith

Bob Bauer and I discuss why the Trump administration's long-planned efforts at election interference fizzled.
execfunctions.org/p/an-extraordi…

Bob Bauer: "What accounts for the normalcy of this Election Day, and the mail and early voting that preceded it? ... I point to a few key factors that contributed to a different outcome—a free and fair election conducted under law—than many had feared." open.substack.com/pub/executivef…

My piece on "General Law Revivalism and the Problem of 1938," written with my great three-decade co-author, @curtisabradley, is out.

yalelawjournal.org/pdf/136-1-gene…

The “criminal information” the Department of Justice filed on Oct. 5 against former FBI Director James Comey is legally flawed. The problem is not just that two sets of prosecutors in the Trump 1.0 Justice Department investigated this matter and declined to bring charges. The more immediate problem is that the Trump 2.0 Justice Department waited too long to bring the case.

execfunctions.org/p/dojs-third-e…

I talk to Caleb Nelson about his criticisms of Slaughter in his article the “Dictatorial Presidency.” "So my criticism is partly about timing. Even if you think there’s a stronger case for unitary executive theory than I do, this is an extraordinarily dangerous time, I think, for the Supreme Court to upend precedent and to move in that direction. And my criticism is also about history. Chief Justice Roberts keeps repeating claims about the First Congress that I’m pretty sure aren’t true and that scholars have, I think, debunked."

execfunctions.org/p/1b6b1348-56c…