杰克·戈德史密斯

Jack Landman Goldsmith III (born September 26, 1962) is an American legal scholar. He serves as the Learned Hand Professor of Law at Harvard Law School, where he has written extensively in the fields of international law, civil procedure, federal courts, conflict of laws, and national security law. Writing in The New York Times, Jeffrey Rosen described him as being "widely considered one of the brightest stars in the conservative legal firmament".

In addition to being a professor at Harvard, Goldsmith is a non-resident Senior Fellow at the American Enterprise Institute. He is a co-founder of the Lawfare Blog along with Brookings fellow Benjamin Wittes and Texas Law professor Robert M. Chesney.

Early life and career

Goldsmith was born in 1962 in Memphis, Tennessee. His stepfather, Charles "Chuckie" O'Brien, is widely believed to have played a role in the disappearance of Jimmy Hoffa. Goldsmith graduated from Pine Crest School in 1980.

After high school, Goldsmith attended Washington & Lee University, graduating in 1984 with a Bachelor of Arts, summa cum laude. He earned a second bachelor's degree with first class honours from the University of Oxford in 1986 (promoted to MA per tradition in 1991). He then attended Yale Law School, graduating in 1989 with a Juris Doctor.

After law school, Goldsmith was a law clerk for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit from 1989 to 1990, and for Justice Anthony Kennedy of the U.S. Supreme Court from 1990 to 1991. He then earned a diploma from The Hague Academy of International Law in 1992. Goldsmith then entered private practice at the Washington, D.C. law firm Covington & Burling from 1994 to 1996. He served as a professor at the University of Virginia Law School before going to the University of Chicago.

In 2002, Goldsmith joined the Bush administration as the Special Counsel to General Counsel of the Department of Defense, at a time when the government was developing plans for responding to the 9/11 attacks. In April 2003 he was nominated to be a United States Assistant Attorney General, tasked with leading the prestigious Office of Legal Counsel in the Department of Justice. The Senate confirmed him in October 2003. He resigned in July 2004 to join Harvard Law School. He wrote a book about his experiences there called The Terror Presidency (2007).

George W. Bush administration

In August 2002, before Goldsmith joined the George W. Bush administration, the Office of Legal Counsel, Department of Justice, had issued three documents, which became known as the Torture Memos, or the Bybee memo (referring to one in particular). The Bybee memo was directed to the Acting General Counsel of the Central Intelligence Agency in relation to interrogation of a detainee, Abu Zubaydah. It authorized certain methods of torture (characterized by the administration as "enhanced interrogation techniques") for use with detained enemy combatants at the Guantanamo Bay detention center and other locations.

In addition, on March 14, 2003, after Goldsmith had been hired to work as a legal adviser to the General Counsel of the Department of Defense, John Yoo wrote a legal opinion at the request of the Department of Defense General Counsel, five days before the US invasion of Iraq, concluding that federal laws did not prohibit torture by interrogators of foreign subjects overseas. (The memo was not revealed until 2008.)

Office of General Counsel of the Department of Defense

By September 2002, Jack Goldsmith had been hired to work as a legal adviser to the General Counsel of the Department of Defense, William J. Haynes II.

Goldsmith accompanied Haynes late that month as one of a large party of senior government appointees who traveled to military detention facilities at Guantanamo, Norfolk, Virginia, and Charleston, South Carolina to see detainees (including two United States citizens) and the conditions for enemy combatants. He had participated in discussions related to treatment.

Office of Legal Counsel, Department of Justice

In October 2003, Goldsmith was appointed to head the Office of Legal Counsel, which provides legal guidance to the US President and all executive branch agencies, including those tasked with the interrogation of enemy combatants. That gave him the base for influencing debates within the Bush administration regarding its conduct of the war on terror.

In April and May 2004, the Abu Ghraib prisoner torture and abuse scandal broke. In June, the Bybee memo was leaked. Goldsmith considered it to be "tendentious, overly broad and legally flawed." He worked to have the memos changed. Including his challenges of White House staff on issues related to domestic surveillance and trials of terrorists, he was successful in moderating some of what he considered to be the previous "constitutional excesses" embraced by the White House.

On June 30, 2004, Goldsmith withdrew as legally defective the Bybee Memo and the Torture Memos and advised the Department of Defense not to rely on the March 2003 memo. At the same time, he submitted his resignation. Several years later he said that was to try to force the administration to accept his withdrawal of the memo. Office of Legal Counsel legal opinions written in August 2002 related to the government's use of enhanced interrogation techniques, or torture, on individuals detained as enemy combatants. Newsweek reported in 2007 that the CIA had regarded the Bybee memo as a "golden shield" against potential prosecution of officials involved in the program.

However, Goldsmith had been unable to have his office complete what he intended as the replacement legal opinions before he resigned. He said later that he felt that he had lost the confidence of the administration. By December 2004, the replacement counsel at the Office of Legal Counsel had reaffirmed the previous legal opinions.

Goldsmith later said that one consequence of the Office of Legal Counsel'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."