Jack Goldsmith

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution―a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact―a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text―a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them―and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

"A superb book.…Mearsheimer has made a significant contribution to our understanding of the behavior of great powers."—Barry R. Posen, The National Interest The updated edition of this classic treatise on the behavior of great powers takes a penetrating look at the question likely to dominate international relations in the twenty-first century: Can China rise peacefully? In clear, eloquent prose, John Mearsheimer explains why the answer is no: a rising China will seek to dominate Asia, while the United States, determined to remain the world's sole regional hegemon, will go to great lengths to prevent that from happening. The tragedy of great power politics is inescapable.

"[A] brilliant new book . . . Humane provides a powerful intellectual history of the American way of war. It is a bold departure from decades of historiography dominated by interventionist bromides." ―Jackson Lears, The New York Review of Books A prominent historian exposes the dark side of making war more humane In the years since 9/11, we have entered an age of endless war. With little debate or discussion, the United States carries out military operations around the globe. It hardly matters who’s president or whether liberals or conservatives operate the levers of power. The United States exercises dominion everywhere. In Humane: How the United States Abandoned Peace and Reinvented War, Samuel Moyn asks a troubling but urgent question: What if efforts to make war more ethical―to ban torture and limit civilian casualties―have only shored up the military enterprise and made it sturdier? To advance this case, Moyn looks back at a century and a half of passionate arguments about the ethics of using force. In the nineteenth century, the founders of the Red Cross struggled mightily to make war less lethal even as they acknowledged its inevitability. Leo Tolstoy prominently opposed their efforts, reasoning that war needed to be abolished, not reformed―and over the subsequent century, a popular movement to abolish war flourished on both sides of the Atlantic. Eventually, however, reformers shifted their attention from opposing the crime of war to opposing war crimes, with fateful consequences. The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its foundational assumptions went without serious challenge. These trends only accelerated during the Obama and Trump presidencies. Even as the two administrations spoke of American power and morality in radically different tones, they ushered in the second decade of the “forever” war. Humane is the story of how America went off to fight and never came back, and how armed combat was transformed from an imperfect tool for resolving disputes into an integral component of the modern condition. As American wars have become more humane, they have also become endless. This provocative book argues that this development might not represent progress at all.

THE NEW YORK TIMES BESTSELLER * Winner of the Financial Times & McKinsey Business Book of the Year Award * Bronze Medal, Arthur Ross Book Award (Council on Foreign Relations) "Written in the hot, propulsive prose of a spy thriller" (The New York Times), the untold story of the cyberweapons market-the most secretive, government-backed market on earth-and a terrifying first look at a new kind of global warfare. Zero-day: a software bug that allows a hacker to break into your devices and move around undetected. One of the most coveted tools in a spy's arsenal, a zero-day has the power to silently spy on your iPhone, dismantle the safety controls at a chemical plant, alter an election, and shut down the electric grid (just ask Ukraine). For decades, under cover of classification levels and nondisclosure agreements, the United States government became the world's dominant hoarder of zero-days. U.S. government agents paid top dollar-first thousands, and later millions of dollars-to hackers willing to sell their lock-picking code and their silence. Then the United States lost control of its hoard and the market. Now those zero-days are in the hands of hostile nations and mercenaries who do not care if your vote goes missing, your clean water is contaminated, or our nuclear plants melt down. Filled with spies, hackers, arms dealers, and a few unsung heroes, written like a thriller and a reference, This Is How They Tell Me the World Ends is an astonishing feat of journalism. Based on years of reporting and hundreds of interviews, Nicole Perlroth lifts the curtain on a market in shadow, revealing the urgent threat faced by us all if we cannot bring the global cyberarms race to heel.

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent―and limits―of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” ―Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” ―Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters…a valuable contribution to the ongoing debate over the constitutionality of the modern state.” ―Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” ―Wall Street Journal

“Engrossing. . . . Gellman [is] a thorough, exacting reporter . . . a marvelous narrator for this particular story, as he nimbly guides us through complex technical arcana and some stubborn ethical questions. . . . Dark Mirror would be simply pleasurable to read if the story it told didn’t also happen to be frighteningly real.” —Jennifer Szalai, The New York Times From the three-time Pulitzer Prize winner and author of the New York Times bestseller Angler, the definitive master narrative of Edward Snowden and the modern surveillance state, based on unique access to Snowden and groundbreaking reportage around the world. Edward Snowden touched off a global debate in 2013 when he gave Barton Gellman, Laura Poitras and Glenn Greenwald each a vast and explosive archive of highly classified files revealing the extent of the American government’s access to our every communication. They shared the Pulitzer Prize that year for public service. For Gellman, who never stopped reporting, that was only the beginning.  He jumped off from what Snowden gave him to track the reach and methodology of the U.S. surveillance state and bring it to light with astonishing new clarity.  Along the way, he interrogated Snowden’s own history and found important ways in which myth and reality do not line up.  Gellman treats Snowden with respect, but this is no hagiographic account, and Dark Mirror sets the record straight in ways that are both fascinating and important. Dark Mirror is the story that Gellman could not tell before, a gripping inside narrative of investigative reporting as it happened and a deep dive into the machinery of the surveillance state. Gellman recounts the puzzles, dilemmas and tumultuous events behind the scenes of his work – in top secret intelligence facilities, in Moscow hotel rooms, in huddles with Post lawyers and editors, in Silicon Valley executive suites, and in encrypted messages from anonymous accounts. Within the book is a compelling portrait of national security journalism under pressure from legal threats, government investigations, and foreign intelligence agencies intent on stealing Gellman’s files. Throughout Dark Mirror, Gellman wages an escalating battle against unknown adversaries who force him to mimic their tradecraft in self-defense. With the vivid and insightful style that is the author’s trademark, Dark Mirror is a true-life spy tale about the surveillance-industrial revolution and its discontents. Along the way, with the benefit of fresh reporting, it tells the full story of a government leak unrivaled in drama since All the President’s Men.

This revelatory and dramatic history of disinformation traces the rise of secret organized deception operations from the interwar period to contemporary internet troll farms We live in the age of disinformation―of organized deception. Spy agencies pour vast resources into hacking, leaking, and forging data, often with the goal of weakening the very foundation of liberal democracy: trust in facts. Thomas Rid, a renowned expert on technology and national security, was one of the first to sound the alarm. More than four months before the 2016 election, he warned that Russian military intelligence was “carefully planning and timing a high-stakes political campaign" to disrupt the democratic process. But as crafty as such so-called active measures have become, they are not new. The story of modern disinformation begins with the post-Russian Revolution clash between communism and capitalism, which would come to define the Cold War. In Active Measures, Rid reveals startling intelligence and security secrets from materials written in more than ten languages across several nations, and from interviews with current and former operatives. He exposes the disturbing yet colorful history of professional, organized lying, revealing for the first time some of the century’s most significant operations―many of them nearly beyond belief. A White Russian ploy backfires and brings down a New York police commissioner; a KGB-engineered, anti-Semitic hate campaign creeps back across the Iron Curtain; the CIA backs a fake publishing empire, run by a former Wehrmacht U-boat commander, that produces Germany’s best jazz magazine. Rid tracks the rise of leaking, and shows how spies began to exploit emerging internet culture many years before WikiLeaks. Finally, he sheds new light on the 2016 election, especially the role of the infamous “troll farm” in St. Petersburg as well as a much more harmful attack that unfolded in the shadows. Active Measures takes the reader on a guided tour deep into a vast hall of mirrors old and new, pointing to a future of engineered polarization, more active and less measured―but also offering the tools to cut through the deception.

Irving Babbitt was a leader of the intellectual movement called American Humanism, or the New Humanism, and a distinguished professor of French literature at Harvard. Democracy and Leadership, first published in 1924, is his only directly political book, and in it he applies the principles of humanism to the civil social order. Babbitt offers a compelling critique of unchecked majoritarianism and addresses the great problem of how to discover leaders with standards.

The twenty-fifth Secretary of Defense takes readers behind the scenes to reveal the inner workings of the Pentagon, its vital mission, and what it takes to lead it. The Pentagon is the headquarters of the single largest institution in America: the Department of Defense. The D.O.D. employs millions of Americans. It owns and operates more real estate, and spends more money, than any other entity. It manages the world’s largest and most complex information network and performs more R&D than Apple, Google, and Microsoft combined. Most important, the policies it carries out, in war and peace, impact the security and freedom of billions of people around the globe. Yet to most Americans, the dealings of the D.O.D. are a mystery, and the Pentagon nothing more than an opaque five-sided box that they regard with a mixture of awe and suspicion. In this new book, former Secretary of Defense Ash Carter demystifies the Pentagon and sheds light on all that happens inside one of the nation’s most iconic, and most closely guarded, buildings. Drawn from Carter’s thirty-six years of leadership experience in the D.O.D., this is the essential book for understanding the challenge of defending America in a dangerous world—and imparting a trove of incisive lessons that can guide leaders in any complex organization. In these times of great disruption and danger, the need for Ash Carter’s authoritative and pragmatic account is more urgent than ever.

"This is a book for everyone who has developed an unexpected nostalgia for political 'norms' during the Trump years . . . Other books on the Trump White House expertly detail the mayhem inside; this book builds on those works to detail its consequences." ―Carlos Lozada (one of twelve books to read "to understand what's going on") "Perhaps the most penetrating book to have been written about Trump in office." ―Lawrence Douglas, The Times Literary Supplement The definitive account of how Donald Trump has wielded the powers of the American presidency The extraordinary authority of the U.S. presidency has no parallel in the democratic world. Today that authority resides in the hands of one man, Donald J. Trump. But rarely if ever has the nature of a president clashed more profoundly with the nature of the office. Unmaking the Presidency tells the story of the confrontation between a person and the institution he almost wholly embodies. From the moment of his inauguration, Trump has challenged our deepest expectations of the presidency. But what are those expectations, where did they come from, and how great is the damage? As editors of the “invaluable” (The New York Times) Lawfare website, Susan Hennessey and Benjamin Wittes have attracted a large audience to their hard-hitting and highly informed commentary on the controversies surrounding the Trump administration. In this book, they situate Trump-era scandals and outrages in the deeper context of the presidency itself. How should we understand the oath of office when it is taken by a man who may not know what it means to preserve, protect, and defend something other than himself? What aspects of Trump are radically different from past presidents and what aspects have historical antecedents? When has he simply built on his predecessors’ misdeeds, and when has he invented categories of misrule entirely his own? By setting Trump in the light of history, Hennessey and Wittes provide a crucial and durable account of a presidency like no other.