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Jack Goldsmith

👤 Person
276 total appearances

Appearances Over Time

Podcast Appearances

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

That office has been basically set aside, and the White House is interpreting law, and the basic rule appears to be if the president wants to do something, it's lawful. That really does seem to be the operating principle. So the extent of that surprises me. The extortionate elements of the administration, the shakedown elements that remind me of a book I wrote about Hoffa and the mob,

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

That office has been basically set aside, and the White House is interpreting law, and the basic rule appears to be if the president wants to do something, it's lawful. That really does seem to be the operating principle. So the extent of that surprises me. The extortionate elements of the administration, the shakedown elements that remind me of a book I wrote about Hoffa and the mob,

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

It surprised me. I'm talking mostly about- This is the law firms. And arguably what they're doing a little bit with the universities. They're going beyond what Biden and Obama did and imposing penalties that are probably not lawful in the sense that they didn't comply with process.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

It surprised me. I'm talking mostly about- This is the law firms. And arguably what they're doing a little bit with the universities. They're going beyond what Biden and Obama did and imposing penalties that are probably not lawful in the sense that they didn't comply with process.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

So doing something pretty overtly illegal to try to force settlements, knowing that the universities are in a bad position and might not push back. I didn't anticipate that form of aggressiveness. You know, Trump was pretty bad in the administration in the disrespect of courts in the first term.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

So doing something pretty overtly illegal to try to force settlements, knowing that the universities are in a bad position and might not push back. I didn't anticipate that form of aggressiveness. You know, Trump was pretty bad in the administration in the disrespect of courts in the first term.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

In fact, it was about eight years ago that the chief justice issued an announcement, not unlike the one three weeks ago, saying that the president needs to stand down a little bit in his criticisms. But they've gone much further, and frankly, I don't really understand the strategy.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

In fact, it was about eight years ago that the chief justice issued an announcement, not unlike the one three weeks ago, saying that the president needs to stand down a little bit in his criticisms. But they've gone much further, and frankly, I don't really understand the strategy.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

It's been a strategy of utter contempt for courts, basically, and reading directives narrowly, filing massively disrespectful briefs, threatening noncompliance. I didn't expect the extent of that, and I don't fully understand what goal that serves.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

It's been a strategy of utter contempt for courts, basically, and reading directives narrowly, filing massively disrespectful briefs, threatening noncompliance. I didn't expect the extent of that, and I don't fully understand what goal that serves.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

So I'm going to give you an answer you won't like. I don't like that terminology. I don't like that conceptualization because it gives one a sense that there's an all or nothing line after which we're in a crisis. And I'm not sure quite what happens when that crisis hits. Here's the way I think about it. There's definitely been a diminution, significant diminution in legal checks on the president.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

So I'm going to give you an answer you won't like. I don't like that terminology. I don't like that conceptualization because it gives one a sense that there's an all or nothing line after which we're in a crisis. And I'm not sure quite what happens when that crisis hits. Here's the way I think about it. There's definitely been a diminution, significant diminution in legal checks on the president.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

He's wiped them out inside the executive branch. Congress has not only been silent, but it's facilitated The wiping out of including congressional prerogatives by confirming people that they knew were going to do things that were going to emaciate Congress. The only check right now, the only real check right now on this presidency legal check is the courts.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

He's wiped them out inside the executive branch. Congress has not only been silent, but it's facilitated The wiping out of including congressional prerogatives by confirming people that they knew were going to do things that were going to emaciate Congress. The only check right now, the only real check right now on this presidency legal check is the courts.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

And so, you know, if the courts were issuing directives on a regular basis and he was defying them or if the game playing continues to such a degree that they're not really paying attention to law. Then we would be in a place where the president was approaching lawlessness. I don't think we're close to that yet. I want to emphasize it's extremely early in the judicial process.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

And so, you know, if the courts were issuing directives on a regular basis and he was defying them or if the game playing continues to such a degree that they're not really paying attention to law. Then we would be in a place where the president was approaching lawlessness. I don't think we're close to that yet. I want to emphasize it's extremely early in the judicial process.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

There's a lot going on. There are 150 cases. I can't keep up with them all. And the administration can do a lot of damage before courts can weigh in and kind of set boundaries.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

There's a lot going on. There are 150 cases. I can't keep up with them all. And the administration can do a lot of damage before courts can weigh in and kind of set boundaries.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

So I haven't studied the visa removals. I do know the Secretary of State has broad authority to do that. I mean, I find them despicable because of, you know, basically punishing someone because of their speech and pretty mild speech in some cases. I know more about the Alien Enemies Act.

Interesting Times with Ross Douthat
What if There’s No Way to Stop Trump’s Approach to Power?

So I haven't studied the visa removals. I do know the Secretary of State has broad authority to do that. I mean, I find them despicable because of, you know, basically punishing someone because of their speech and pretty mild speech in some cases. I know more about the Alien Enemies Act.