The Terror Presidency: Law and Judgment Inside the Bush Administration

The Terror Presidency: Law and Judgment Inside the Bush Administration

Author: Jack Goldsmith

Publisher: W. W. Norton & Company

Published: 2009-03-24

Total Pages: 286

ISBN-13: 039333533X

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A key advisor to President Bush recounts his political clashes with powerful administration figures when he questioned the choices of his predecessors about the way the war on terror was being conducted, in an account in which he cites historical parallels.


Power and Constraint: The Accountable Presidency After 9/11

Power and Constraint: The Accountable Presidency After 9/11

Author: Jack Goldsmith

Publisher: W. W. Norton & Company

Published: 2012-03-12

Total Pages: 337

ISBN-13: 0393083519

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The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.


Kill or Capture

Kill or Capture

Author: Daniel Klaidman

Publisher: HMH

Published: 2012-06-05

Total Pages: 309

ISBN-13: 0547547781

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“Divulge[s] the details of top-level deliberations—details that were almost certainly known only to the administration’s inner circle” (The Wall Street Journal). When he was elected in 2008, Barack Obama had vowed to close Guantánamo, put an end to coercive interrogation and military tribunals, and restore American principles of justice. Yet by the end of his first term he had backtracked on each of these promises, ramping up the secret war of drone strikes and covert operations. Behind the scenes, wrenching debates between hawks and doves—those who would kill versus those who would capture—repeatedly tested the very core of the president’s identity, leading many to wonder whether he was at heart an idealist or a ruthless pragmatist. Digging deep into this period of recent history, investigative reporter Daniel Klaidman spoke to dozens of sources to piece together a riveting Washington story packed with revelations. As the president’s inner circle debated secret programs, new legal frontiers, and the disjuncture between principles and down-and-dirty politics, Obama vacillated, sometimes lashed out, and spoke in lofty tones while approving a mounting toll of assassinations and kinetic-war operations. Klaidman’s fly-on-the-wall reporting reveals who had his ear, how key national security decisions are really made, and whether or not President Obama lived up to the promise of candidate Obama. “Fascinating . . . Lays bare the human dimension of the wrenching national security decisions that have to be made.” —Tina Brown, NPR “An important book.” —Steve Coll, The New Yorker


Bad Advice

Bad Advice

Author: Harold H. Bruff

Publisher:

Published: 2009

Total Pages: 446

ISBN-13:

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A scathing critique of President Bush's legal advisors, who expanded the reach of his executive powers while creating highly controversial policies for fighting the War on Terror. Argues that these advisors, blinded by ideology, provided largely bad legal advice that caused great harm, and ultimately was unnecessary for national security.


Reign of Terror

Reign of Terror

Author: Spencer Ackerman

Publisher: Penguin

Published: 2022-08-09

Total Pages: 449

ISBN-13: 1984879790

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A New York Times Critics’ Top Book of 2021 "An impressive combination of diligence and verve, deploying Ackerman’s deep stores of knowledge as a national security journalist to full effect. The result is a narrative of the last 20 years that is upsetting, discerning and brilliantly argued." —The New York Times "One of the most illuminating books to come out of the Trump era." —New York Magazine An examination of the profound impact that the War on Terror had in pushing American politics and society in an authoritarian direction For an entire generation, at home and abroad, the United States has waged an endless conflict known as the War on Terror. In addition to multiple ground wars, the era pioneered drone strikes and industrial-scale digital surveillance; weakened the rule of law through indefinite detentions; sanctioned torture; and manipulated the truth about it all. These conflicts have yielded neither peace nor victory, but they have transformed America. What began as the persecution of Muslims and immigrants has become a normalized feature of American politics and national security, expanding the possibilities for applying similar or worse measures against other targets at home, as the summer of 2020 showed. A politically divided and economically destabilized country turned the War on Terror into a cultural—and then a tribal—struggle. It began on the ideological frontiers of the Republican Party before expanding to conquer the GOP, often with the acquiescence of the Democratic Party. Today’s nativist resurgence walked through a door opened by the 9/11 era. And that door remains open. Reign of Terror shows how these developments created an opportunity for American authoritarianism and gave rise to Donald Trump. It shows that Barack Obama squandered an opportunity to dismantle the War on Terror after killing Osama bin Laden. By the end of his tenure, the war had metastasized into a bitter, broader cultural struggle in search of a demagogue like Trump to lead it. Reign of Terror is a pathbreaking and definitive union of journalism and intellectual history with the power to transform how America understands its national security policies and their catastrophic impact on civic life.


Rush to Judgment

Rush to Judgment

Author: Stephen F. Knott

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9780700618316

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This provocative book contends that George W. Bush has been treated unfairly, especially by presidential historians and the media. Argues that from the beginning scholars abandoned any pretense at objectivity in their critiques and seemed unwilling to place Bush's actions into a broader historical context.


After Trump

After Trump

Author: Bob Bauer

Publisher: Lawfare Press

Published: 2020-09-15

Total Pages: 436

ISBN-13: 9781735480619

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In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.


The President's Book of Secrets

The President's Book of Secrets

Author: David Priess

Publisher: PublicAffairs

Published: 2016-03-01

Total Pages: 401

ISBN-13: 1610395964

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Every president has had a unique and complicated relationship with the intelligence community. While some have been coolly distant, even adversarial, others have found their intelligence agencies to be among the most valuable instruments of policy and power. Since John F. Kennedy's presidency, this relationship has been distilled into a personalized daily report: a short summary of what the intelligence apparatus considers the most crucial information for the president to know that day about global threats and opportunities. This top-secret document is known as the President's Daily Brief, or, within national security circles, simply "the Book." Presidents have spent anywhere from a few moments (Richard Nixon) to a healthy part of their day (George W. Bush) consumed by its contents; some (Bill Clinton and George H. W. Bush) consider it far and away the most important document they saw on a regular basis while commander in chief. The details of most PDBs are highly classified, and will remain so for many years. But the process by which the intelligence community develops and presents the Book is a fascinating look into the operation of power at the highest levels. David Priess, a former intelligence officer and daily briefer, has interviewed every living president and vice president as well as more than one hundred others intimately involved with the production and delivery of the president's book of secrets. He offers an unprecedented window into the decision making of every president from Kennedy to Obama, with many character-rich stories revealed here for the first time.


The Imperial Presidency and the Consequences of 9/11

The Imperial Presidency and the Consequences of 9/11

Author: Mark R. Shulman

Publisher: Bloomsbury Publishing USA

Published: 2007-02-19

Total Pages: 516

ISBN-13: 1567207081

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The issue of the imperial presidency, which is raised in connection with the Bush administration's response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? These reports, compiled by the NYC Bar Association merit wider distribution. Thus, Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade Over the past few years, much lip service has been paid to the phrase rule of law. At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.