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33 - Conscience of a Conservative

Published online by Cambridge University Press:  05 June 2012

Steven S. Smith
Affiliation:
Washington University, St Louis
Jason M. Roberts
Affiliation:
University of North Carolina, Chapel Hill
Ryan J. Vander Wielen
Affiliation:
Temple University, Philadelphia
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Summary

In this article, appearing in the New York Times, Rosen interviews Jack Goldsmith, former head of the Office of Legal Counsel, and recaps the events of his short and tumultuous tenure. Goldsmith declares that a major failure of the Bush administration in the war on terror has been its unwillingness to seek congressional support. The Bush administration's “go-it-alone” attitude, in Goldsmith's view, has diminished the power of the presidency.

In the fall of 2003, Jack L. Goldsmith was widely considered one of the brightest stars in the conservative legal firmament. A 40-year-old law professor at the University of Chicago, Goldsmith had established himself, with his friend and fellow law professor John Yoo, as a leading proponent of the view that international standards of human rights should not apply in cases before U.S. courts. In recognition of their prominence, Goldsmith and Yoo had been anointed the “New Sovereigntists” by the journal Foreign Affairs.

Goldsmith had been hired the year before as a legal adviser to the general counsel of the Defense Department, William J. Haynes II. While at the Pentagon, Goldsmith wrote a memo for Defense Secretary Donald Rumsfeld warning that prosecutors from the International Criminal Court might indict American officials for their actions in the war on terror. Goldsmith described this threat as “the judicialization of international politics.” No one was surprised when he was hired in October 2003 to head the Office of Legal Counsel, the division of the Justice Department that advises the president on the limits of executive power.

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Publisher: Cambridge University Press
Print publication year: 2008

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