The Terror Presidency: Law and Judgment Inside the Bush Administration

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W. W. Norton & Company, 2007 - Political Science - 256 pages

Jack Goldsmith's duty as head of the Office of Legal Counsel was to advise President Bush on what he could and could not do . . . legally.

Immediately after taking the job in October 2003, Goldsmith began to see that the work of his predecessors, whose opinions were the legal framework governing the conduct of the military and intelligence agencies in the war on terror, were deeply flawed.

Goldsmith is a conservative lawyer who understands the imperative of averting another 9/11. But his unflinching insistence that we abide by the law put him on a collision course with powerful figures in the administration. In The Terror Presidency he shows how Bush damaged his own presidency and compromised the ability of his successors to respond forcefully in times of crisis.


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User Review  - ktsbentley - LibraryThing

I found this book to have some really interesting points and a point of view not often expressed. It was interesting to see some of the controversies of the Bush Presidency discussed in purely legal ... Read full review

Selected pages


The New Job
The Commander in Chief Ensnared by Law
Fear and OLC
When Lawyers Make Terrorism Policy
Torture and the Dilemmas of Presidential Lawyering
The Terror Presidency

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Page 6 - That comprehensive and undefined presidential powers hold both practical advantages and grave dangers for the country will impress anyone who has served as legal adviser to a President in time of transition and public anxiety. While an interval of detached reflection may temper teachings of that experience, they probably are a more realistic influence on my views than the conventional materials of judicial decision which seem unduly to accentuate doctrine and legal fiction.

About the author (2007)

Jack Goldsmith is the Henry L. Shattuck Professor of Law at Harvard University. From October 2003 to June 2004 he was assistant attorney general, Office of Legal Counsel. He lives in Newton, Massachusetts.

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