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Jack Goldsmith
@jacklgoldsmith
, 5 tweets, 1 min read Read on Twitter
Forty-four years ago today, former Teamsters union president Jimmy Hoffa vanished from a suburban Detroit parking lot. I was twelve years old at the time. My stepfather Charles “Chuckie” O’Brien was then, and remains today, a leading suspect, at least in the public mind. 1/
The disappearance is one of the greatest unsolved crimes in American history. 2/
My new book, out September 24, shows that much of the 44-year old conventional wisdom about the case, including about Chuckie’s role, is wrong. 3/ us.macmillan.com/books/97803747…
The book is based on (among other things) unknown or under-examined U.S. government documents & actions, and on-record interviews w/ FBI officials who worked the case over the decades, and many hundreds of hours of interviews w/ Chuckie. 4/
And the book is about much, much more than Hoffa’s disappearance 5/ kirkusreviews.com/book-reviews/j…
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Jack Goldsmith
@jacklgoldsmith
1/ A few reflections on the distributional consequences of the “Federal Law Clerk Hiring Plan” announced in February 2018. The plan was a two-year “pilot program” and was voluntary in the sense that only participating judges were bound by it.
2/ The plan was designed in part to check the increasing tendency of federal judges to hire law clerks too early—after one year of law school, and sometimes before then.
3/ The plan’s primary directive was that participating judges would not consider students for clerkships until the summer at the end of their second year of law school, when the student would have two years of grades.
Read 19 tweets
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Jack Goldsmith
@jacklgoldsmith
1/ I like @wjmcgurn’s pieces generally but I think this one—which basically claims that the 1960s electronic surveillance of MLK is akin to the 2016 surveillance of Carter Page -- is wrong or misleading for a few reasons. wsj.com/articles/about…
2/ The MLK surveillance was based on a letter from Hoover to AG RFK, which RFK approved. It was premised on a factually unsupported link between King and communists, and granted in an open-ended way for an unspecified period of time. Congress not involved. No court signed off.
3/ Congress enacted the FISA in 1978 to ensure that surveillance of this sort was properly factually and legally predicated. Congress provided the standards for surveillance the Executive must follow, and required approval processes by Article III judges.
Read 18 tweets
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Jack Goldsmith
@jacklgoldsmith
My take on the Mueller report's application of the presidential clear statement rule. lawfareblog.com/mueller-report…
A dense analysis with three takeaways: (1) Mueller report badly misapplied the clear statement rule. It construed an exception to the rule to swallow the rule and exposed POTUS to much great potential criminal liability than appropriate.
(2) A proper application of the clear statement rule makes it uncertain whether the obstruction investigation was properly predicated at the outset.
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🏳️‍🌈TODAY’S PRIDE HERO🏳️‍🌈
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