Jack Goldsmith, as former head of the Office of Legal Counsel inside the Justice Department, was responsible for evaluating and approving (or rejecting) the frequently controversial anti-terrorism policies of the Bush administration. His new book, The Terror Presidency, offers an insiders view of the fights over the ultimate legality of many of the President’s most contentious assertions of power.

In his book, Goldsmith admits he agrees with the President’s core objectives and world view. Indeed, he frankly states, he is “not a civil libertarian.” Nevertheless, he faults the Bush administration for taking the wrong path in protecting Americans from the next terrorist attack. I encourage you to read University of Chicago Law School Professor Geoffrey Stone’s review of the book for a more complete understanding of Goldsmith and the aims of his book. I’ll tempt you with the closing paragraph of that review:

The net effect of the Bush administration approach has been deeply ironic. Although “the President and Vice President wanted to leave the presidency stronger than they found it,” they “achieved the opposite.” By unlawfully disregarding statutory, international and constitutional law, they “borrowed against the power of future presidencies — presidencies that . . . will be viewed by Congress and the courts . . . with a harmful suspicion and mistrust.” Because of the Bush administration’s obsession with excessive presidential power, our nation and our democracy are less secure.

If you want the extreme cliff notes version, here’s Goldsmith appearing on the Jon Stewart show last week.

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