Jack Goldsmith to Publish Insider Account

Jack Goldsmith to Publish Insider Account

Here is the Amazon pre-order page for “The Terror Presidency: Law and Judgment Inside the Bush Administration,” due out in September. According to the publicity material, the book promises to “show why Bush’s apparent indifference to human rights has damaged his presidency and, perhaps, his standing in history.”

Is sovereigntism losing another of its leading exponents? This will I think also be the first such book from a former Administration official with involvement in post-9/11 legal matters from a critical perspective. We can at least expect a fuller version of the Ashcroft hospital-bed scene and the threatened mass resignation at DOJ, and who knows what else. Prediction: this one will not be remaindered!

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Benjamin Davis
Benjamin Davis

Jack Goldsmith was a principal architect of the extraordinary rendition legal analysis. It will be interesting to see what he has to say about what he did.

Best,

Ben

Marty Lederman
Marty Lederman

Ben: I don’t know whether that’s true or not. But I doubt it. The legal predicate for the rendition program was partly hatched in the Clinton Administration, and obviously ratcheted up by John Yoo, before Goldsmith got to OLC. (See John’s article in Notre Dame and book excerpt on the issue — obviously derived from one of his OLC opinions.) The rendition program was well underway before Goldsmith arrived at OLC, and I’m aware of no evidence thus far indicating whatf what, if anything, he did regarding it while he was there.

Benjamin Davis
Benjamin Davis

See Jose Alvarez, Torturing the Law, in the Case Western Reserve International Law Journal if you want to see a deconstruction of Jack Goldsmith’s work on extraordinary renditions.

Best,

Ben

The NewStream Dream
The NewStream Dream

I have a related question. Has anyone ever apologized to Goldsmith? If I recall, a lot of people at Harvard put forth some pretty vicious attacks when he was up for tenure due to his time in the administration. After more information came out, it became clear that the attacks were unfounded, Ben Davis’s comments notwithstanding. I just want to know, did anyone ever say “I’m sorry” for what was said during the Harvard debates.