Jack Goldsmith

Homeland Security in a Time of War with Iran Preventing retaliatory threats at home

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...

The Decaying Legal Culture in the Defense Department Trump and Hegseth will leave the uniformed military damaged by illegality, and Congress will be complicit

My assessment of the damage Trump and Hegseth are doing to the DOD legal culture.
open.substack.com/pub/executiv...

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.

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...

Prosecuting Members of Congress The injunction in the Kelly case, a grand jury rebuff, and a debate over anti-weaponization reforms.

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...

The Federal Court Snapback The judiciary, including the Supreme Court, is standing up to the president

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...

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

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...

Sai Prakash on the Pardon Power from the Founding to Trump A short clause, a troubled history

My discussion with Sai Prakash about his great (and short!) new book on the Pardon Power (www.amazon.com/Presidential...)

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Edward Levi’s Department of Justice What a Difference a Half Century Makes

A brief tribute to the great Edward Levi, the 71st Attorney General of the United States.

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The Criminal Investigation of the Fed Chair The law and politics of weaponizing DOJ against Powell

Bob Bauer and I discuss the law and politics of the DOJ criminal investigation of the Fed Chair. open.substack.com/pub/executiv...

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.

My quick take on the legality of the Venezuela invasion.

open.substack.com/pub/executiv...

The President's Protective Power The relevance and limits of the Article II doctrine in domestic military deployments after Trump v. Illinois

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...

The President's Protective Power The relevance and limits of the Article II doctrine in domestic military deployments after Trump v. Illinois

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....

Thoughts on the Interim Order in Trump v. Illinois The administration loses but still has options for domestic military deployment

My thoughts on the Interim Order in Trump v. Illinois open.substack.com/pub/executiv...

The Danish West Indies Precedent for U.S. Acquisition of Greenland There is lots of law between Donald Trump and the acquisition of Greenland

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."
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My discussion with Alan Rozenshtein on Executive Power in the Age of Artificial Intelligence: Bureaucracy and the presidential "oracle"
www.execfunctions.org/p/executive-...

A Dishonorable Strike Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder

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...

What Are We Living Through? Three ways to understand the Trump administration

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...

Opinion | Why It Will Be Hard for Five Justices to Bless Trump’s Tariffs

My take on the tariffs oral argument. www.nytimes.com/2025/11/05/o...

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

My take on the significance of the classified OLC opinion for the Venezuela boat strikes.
www.execfunctions.org/p/the-venezu...

Decision-making Disarray at the DOJ Blanche, Bondi, Halligan, Martin—and a White House in charge

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...

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....

Trump’s Continuing Illegal Refusal to Enforce the TikTok Ban This executive branch precedent will have long and bad legs.

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...

The Iran Conflict and War Powers Assessing the president's authority, Congress's role, and the underlying politics

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...

Martin v. Mott Enters the Stage The scope of judicial review of the president’s domestic deployment decisions, and the federal courts’ larger predicament

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...

The Weak L.A. Deployment Ruling A missed opportunity and next steps

Bob Bauer and I discuss the L.A. Deployment Ruling open.substack.com/pub/executiv...

California Sues and Marines Enter L.A. A longer-than-usual chat in which we disagree, a bit, on the law and politics

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...

Troops in Los Angeles The legal authorities and possible trajectory of the deployment

Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA.
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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-...

The Money 'Game' and the All-Powerful Executive Trump’s open profiteering is not only about self-enrichment.

Bob Bauer on why Trump openly flaunts his corruption. open.substack.com/pub/executiv...

Trumpifying Federal Courts The president’s attacks on the Federalist Society and his nomination of Emil Bove

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...