Podcast appearances and mentions of Jack Goldsmith

Sarah Isgur and David French explain the various legal complications of the Iran MOU and react to the most recent opinions handed down by the Supreme Court. The Agenda: —Waiving Iranian sanctions —Suing state employees personally —International law in U.S. courts —Cuban confiscation case —Seizing homes over unpaid taxes —The rights of green card holders Show notes: —Jack Goldsmith at Executive Functions Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of Gangland Wire, retired Kansas City Police Intelligence Unit detective Gary Jenkins sits down with author Frank Hayde to explore his latest book, Hoffa's Connection. Hayde, a Kansas City native and noted mob historian, brings forward a largely overlooked figure in organized crime history—Sylvia Pagano. The conversation centers on Pagano's rise from Kansas City to Detroit, where she operated at the intersection of organized crime and labor unions under Jimmy Hoffa. Known for her effectiveness as a union organizer, Pagano infiltrated workplaces, signed up members, and quietly maintained ties to powerful mob figures. Her ability to navigate both worlds made her a key behind-the-scenes operator during a volatile era in American labor history. Hayde details Pagano's role in helping broker alliances between the Mafia and the Teamsters during a turbulent strike, marking a turning point in the relationship between organized crime and labor. Drawing from FBI wiretaps, he reveals candid conversations that shed light on her relationships with influential mob leaders like Tony Giacalone and Moe Dalitz, emphasizing her strategic importance across multiple crime families. The episode also explores the life of Chucky O’Brien, who grew up surrounded by Hoffa and organized crime figures. Through Hayde's research and interviews, listeners gain insight into the generational impact of mob ties, as well as the strict code of silence that governed both mother and son. Beyond individual stories, the discussion expands to the broader national network connecting crime families and labor unions. Pagano's reach extended well beyond regional boundaries, illustrating how organized crime leveraged union influence across the country. This episode offers a fresh perspective on the enduring mystery surrounding Hoffa's disappearance by examining the deeper historical context—and the overlooked players like Sylvia Pagano who helped shape it. It's a detailed look at power, loyalty, and survival within the American Mafia. The book is Hoffa’s Connections:The Story of Sylvia Pagano: the Kansas City Girl at the Center of the Mafia’s Alliance with the Teamsters Union  xxx [0:00] Hey, all you wiretappers out there, good to be back here in the studio of Gangland [0:03] Wire. This is Gary Jenkins. I’m a retired Kansas City Police Intelligence Unit detective, later sergeant. I have this podcast, Gangland Wire. I’ve got a website. If you want to go check my website out, I’ve got a few things for sale on there. And you can go rent the documentaries I’ve done about the Kansas City mob on Amazon. Just search my name. I’m all over the internet. Just search my name and mafia and you’ll find more you ever wanted to know about me and the mob and what I’ve done. And today I have a really a former Kansas City boy, a Kansas City native who has done several books on the mob, particularly the Kansas City mob. And he’s got a most recent one that I find just really fascinating. It’s a little known story that will help shed the light on Jimmy Hoffa, a little bit more light than most of you ever knew. There’s some questions that I had myself that’s not really in the in the popular culture about Jimmy Hoffa. It’s Frank Hayde. Welcome, Frank. Thanks, Gary. Great to be with you again. All right, Frank. We’ve done Mafia Dreams and Mafia and the Machine. So tell the guys a little bit about yourself and your books. [1:13] I grew up in Kansas City. My family stretches way back in Kansas City, and they were involved in the political machine under Pendergast, and so I heard a lot of stories about those days growing up. Later in my career with the National Park Service, I worked a short stint at the Harry Truman National Historic Site, where I learned more about local history, more about the political machine and the mob in Kansas City. So that’s where my interest started. [1:39] And then many years later, I wrote The Mafia and the Machine, and then followed that up with some of these other books, including this most recent one, Hoffa’s Connection, the story of Sylvia Pagano, the Kansas City girl at the center of the Mafia’s alliance with the Teamsters. You know, that’s the mouthful, I know. You know how it is with the subtitle. You can try to get the, summarize the entire book in your subtitle. So, that’s what that is. Yeah. When you look up a book or you see it online or whatever, you want to know quickly what it’s about. So I see that title, Hoffa. Oh, that’s interesting. I thought everything was done about Hoffa. Then you got this subtitle in here and you say, oh, that’s interesting. I didn’t know about this. And I didn’t myself, this Sylvia Pagano. And the story starts in Kansas City. It’s a fascinating story, guys. I want to tell you, it is a fascinating story. [2:31] But before we get started, Frank was a park ranger, a law enforcement park ranger for the National Park Service for 20 years. And he has a really interesting mob interaction when he was in, I believe you run a temporary assignment out in California. Tell the guys about your mafia interaction as a law enforcement officer. [2:53] Yeah. So I was actually at the park service 32 years. 20 of those were law enforcement and just retired. But in the summer of 2024, I got to go out to Redwood National Park on what we call a detail, which is a temporary assignment. They were shorthanded and needed a little extra help. And I knew the place pretty well because I had worked there earlier in my career. So I went out there and it’s a beautiful place. And I was on patrol and I came upon a campsite and there was some violations going on. Nothing major, just the typical stuff that we see as park rangers. And I contacted the occupants of this campsite and I got their licenses and I was back in my vehicle running the licenses. There was a male and a female and the female, I noticed it was a New York license and Brooklyn address and last name is Scarpa. I said, no, that can’t be. That’d be too much of a coincidence. And ran the information, recontacted the subject. And I asked the female, I said, by any chance, are you related to Greg Scarpa? She said, oh, yeah, that was my grandfather. And Greg Jr. was my father. [4:02] And I guess I had to laugh. And by then, I had already written a ticket or two, I think, for just petty offenses. And so I handed her ticket and then asked her if she’d take a picture with me. But she was real nice. She understood that people don’t mind, and she was great. She took a picture with me, and she was more than happy to talk about her father and her grandfather. And it was all very interesting and just quite the coincidence. Yeah, really. That was quite a coincidence. Not only the main coincidence was that you knew her. And then a lot of people might know the name. You really knew the name. Yeah, no. And you had this whole interest in it to talk about. Yeah, I can tell you that 99% of park rangers, you have no idea. Now, if you’re a Brooklyn cop, that’s different. But I was probably the only park ranger alive that would have made that connection because of my interest in the topic. I’ve been trying to get Greg Scarlett Jr. to come on. He’s made some intimations to somebody else. He followed my Facebook group, and I followed his. And so I don’t know. I reached out indirectly. I don’t know exactly how to get a hold of him. Maybe I’ll package this little story up and I’ll send that to him. Maybe that’ll get him to come on the show. Except you wrote the tickets, damn it. That’s the problem. I hope he won’t come after me to write in his daughter’s tickets. Yeah. [5:25] All right, Frank. So let’s go in this most recent book, Hoffa’s Connection. How did you, Sylvia Pagano, how did you even get onto that name other than, did you start, she’s Chucky O’Brien’s mother, who most guys know if you’re really into Hoffa at all, or even on the little bit, Chucky O’Brien was, everybody thought he was like his illegitimate son a lot of times or his surrogate son. And he was really close to Hoffa and drove him around. I was going through your book. He was a guy that Hoffa could send around to other mob people because he was half Italian himself and both sides trusted him to carry messages and do meetings and things like that. So how did you get onto this originally? So I got a call from Jack Goldsmith, who’s a very interesting man because he is the learned hand professor of law at Harvard University, senior fellow at the Hoover Institution, former assistant attorney general under President Bush. But for me, the most interesting thing about him was that he is Chucky O’Brien’s stepson. [6:29] And he was working on his book, Inhofe’s Shadow, when he contacted me. It’s a great book. I would recommend it to all the wiretappers. But it’s about Chucky. And he wanted to know if I had come across any information on Chucky O’Brien in my research for the Mafia and the Machine, because Chucky was from Kansas City. I said, what? Chucky O’Brien was from Kansas City? Because I knew all about Chucky O’Brien, but I had no idea he was from Kansas City. So that shocked me. And I don’t think very few people knew that. His Kansas City roots were scarcely known. Everybody just thought of Chucky as a Detroit guy. But when I finally read Goldsmith’s book, it’s about Chucky, but he touches on Sylvia. And I found what he wrote about Sylvia to be completely fascinating, especially because she was Kansas City. And so I thought, shoot, she’s in my wheelhouse. I thought, wow, she would make a great subject for a book. But I balked at it because she was so secretive that she left hardly anything information, hardly any documents exist about Sylvia. It’s just she wasn’t like the men that she associated with who were so extensively documented. There was just very little known about her, not even very many photographs in existence. [7:44] But fortunately, I got together with Pat Faisal in Kansas City. He’s a terrific researcher. You’ve worked with him a lot, Gary. You’ve had him on your show, I think. I think he’s written a couple of really important books on local history, and he had come across her independently of me, and through his own research, he had stumbled on just a brief mention or two of Sylvia Pagano in various FBI documents. [8:09] And so we decided to put our heads together, and Pat helped me with the research, did the lion’s share of the research, fed it to me, and then I would write the story. And that’s how it came together. [8:21] Interesting. And Frank, one of the coolest things, the research that Pat found was those wiretaps or bugs that the illegal bugs the FBI had in her house. And so they got a lot of really great conversations and they’re all transcribed and out there for somebody to find. So to me, that was fascinating. [8:45] Yes, that was probably our best source are these transcripts from the illegal microphones that the FBI placed in homes and businesses of organized crime associates all over the country back in the 60s. Got some great information from those. Sylvia talking freely in her apartment. Candidly, because she doesn’t know anybody’s list. And they had him in Tony Giacalone’s home juice company in Detroit also. And Sylvia was often a topic of conversation over there as well. By the way, Tony Giacalone was Sylvia’s paramour for many years. They had a long affair. People who think that Sylvia had an affair with Hoffa that produced Chucky O’Brien, [9:28] And that is not accurate. Chucky, we know who Chucky’s father was. He was a criminal out of St. Louis from the time he was a boy and went to prison when he was a young guy, was recruited from prison to come to Kansas City and work as a driver, for none other than Charlie Banagio. And so that put him right at the center of the action. [9:53] And Sylvia, having married the young man that put her right, she was already at the center of the action because she knew all the movers and shakers in the North End at that time already from the time she was a girl. But they became very much a part of Banagio’s network. And this was one fact that really blew me away that I didn’t know. And I don’t think you know it or Owsley or O’Malley or really anybody in Kansas City that Charlie Banagio was Chuckie O’Brien’s godfather. Yeah, I didn’t know that. Yeah. That is interesting. So Sylvia Pagano, she lives down there in the North End, what we call the North End folks, which is our little Italy. There’s a big church that anchors that neighborhood. And that’s where all the people came from Southern Italy and Sicily, moved into Kansas City and were associated with the church down there. After them, the Vietnamese came in and the church sponsored a lot of the Vietnamese and settled in that same neighborhood as it became a shifting neighborhood. So she’s down over there in Little Italy or the North End. And she meets a guy named Michael. Was it Three Fingers? [11:03] Oh, yeah. Frankie. Frankie Three Fingers. Coppola. Coppola, yeah. So tell us about that relationship. Yeah, that’s really interesting because Frankie Three Fingers… Hasn’t really been chronicled much as part of the Kansas City family. Because he was a roving guy, he had a lot of clout in both Italy and the U.S., and he had memberships in multiple families, and he was a high-ranking status too. So wherever he went, whether it was Detroit, Chicago, Los Angeles, St. Louis, New York, New Orleans, he was all over the place, and he was well-respected wherever he went. But he was in Kansas City for quite a long time. He was strongly associated with Padagio. And it appears from all the evidence, as well as testimony from organized crime experts in Detroit, that Frankie Three Fingers escorted Sylvia to Detroit after her marriage with Charles O’Brien ended in about 1941 in Kansas City. [12:13] So Sylvia arrives in Detroit on the arm of Frank Coppola, and that put her on the fast track to getting to know the upper echelon of the Detroit family and mobsters, top mobsters beyond Detroit. Coppola was associated with Costello in his slot machine racket down in New Orleans. [12:36] And later, after he got deported back to Italy, He worked with Lucky Luciano to put together the whole narcotics syndicate network that included the French Connection. So tremendously influential as a mobster. Sylvia could really not have picked a more influential and well-connected guy as a boyfriend. That really put her on the fast track to getting to know a lot of the most powerful guys in the country. Really interesting guy. Frank Copeland. I’ll just say it and maybe someone else can run with it. I don’t know if it’ll be me or not, but he would make a great subject for a book. Yeah, he’s not very well known. And the mob used to have this guy, Nikolai Gentile. He traveled around to different families and brokered different deals. I think back before communication was so fast and you didn’t fly from one city to the other, you had to take a train. That’s a whole day on the train to get one city to the other. Telephone communication wasn’t that good. You didn’t hardly make long distance phone calls back there in the 20s and 30s. I don’t think they were hard. So you have guys like this that then travel around and take messages that are trusted by the different cities. And so he had to be one of those guys. [13:52] You’re exactly right. In fact, he knew Nicola Gentile. [13:58] Gentile is also, I speak about him in this book also. He plays a role, a pretty important one, and he describes some events that are really fascinating. This story actually doesn’t begin in Kansas City. It begins in Pueblo, Colorado. There’s three geographic areas that are really emphasized in this story. Pueblo, Colorado, Kansas City, and Detroit. But Nicola Gentili and Frank Coppola knew each other in the United States, and they knew each other in Italy. And you’re exactly right, they had a similar role as traveling diplomats within the mafia. Very interesting. Not too many other guys, especially later on. They had Johnny Roselli, who was really well-traveled, and some others. But in those early days, a couple of these guys, Coppola, Gentile, I don’t know if there was any others or not, but that was what they did. They were all over the place, and they were so well-connected, and they really had memberships in multiple families. And that seems to have faded away later. You didn’t hear too much about guys that had more than one member. So occasionally somebody would switch families, but yeah, they were really interesting, [15:11] real, what you would call international mystery men, I think. Interesting. So she had an affair with him, and he brought her up to Detroit and started making connections in Detroit, if I remember the story right, with the Jackalones. And so what. [15:27] Take us on from there. How does she then move in with Hoffa? And she’s like in the middle between the Peckerwood truck drivers and the Italian mob, which they both needed each other and they worked well together for a long time. So how does she end up in the center of that? Yeah, she’s still quite young when she gets to Detroit. She’s just early 20s, maybe mid 20s at that point. But and here she is she’s immediately meeting all of the wise guys but she was still she needed a job she needed work i’m sure coppola helped her out to some extent but he had his own wife he had his own he probably had another mistress or two as well i mean she needed to make a she needed to make a living and raise her son chucky and um she got a job with the teamsters at that time in In Detroit, unions were strong. There was a lot of unions, and it was the capital of industrial unionism at that time. And so that just became a natural choice. She ended up meeting Burke Brennan initially, actually, even before Hoffa. Brennan was Hoffa’s right-hand guy. [16:36] And he gave her a job with the Teamsters as a salter. She was an organizer, and a good one, and a legit organizer. But her specialty was salting. Now, what’s that? So she was a union representative, and she would get a job in a factory or a warehouse, just an ordinary job. And she would go to work, just like everybody else, punch the clock. But while she was there, her real objective was signing other people up to join the union. So she’s like a secret agent in a way, buried into the normal workforce, but with a real different agenda. And she was real good at it. And the union guys noticed that she worked really hard and she was loyal and that she would keep her mouth shut. And so those were the same qualities that the mob guys admired. So this was at the time, though, and this is very important, when most of the unions and the mob were still at odds with each other. Back then, the gangsters were getting hired by companies to break strikes and to oppose unions. [17:47] And there was a particularly bad strike going on. It lasted a long time. The Teamsters were striking the Detroit Lumber Company. This was at about 42. And it was violent. And Hoffa could see the writing on the wall that the Teamsters were losing the battle. It went on and on. It was violent. And that’s where Sylvia Pagano stepped in. Burt Brennan told Jimmy Hoffa he should talk to Facci. Facci was Italian for face. And that was Sylvia’s nickname that she got when she was young back in Kansas City. Had a very pretty face. And so they called her the face. So Hoffa talked to Fauci and she set up a basically like a summit meeting peace conference, more or less. And they brokered a deal where the mob switched sides and became allies with the Teamsters against the Detroit Lumber Company. So that was really the moment that changed history, brought the mafia into the Teamsters orbit and vice versa. And that’s all traceable right back to Sylvia Pagano. [18:55] Wow. That’s interesting. I always wondered what the genesis of that was with Hoffa and the mob. And of course, we can see how it developed, but what that actual birth of that was. I think you’ve stumbled across the birth of it. You also… [19:11] We’re able to stumble across the birth of the Eastern families and New York families connection to Hoffa, which that that gets even bigger. Tell us a little bit about that. She was involved in that, believe it or not, guys. And just like in Detroit, back in New York, there’s Johnny Dio. He was busting up labor union strikes for the companies. Yeah, I think that to some degree in New York, New Jersey, that some Teamsters locals had already been infiltrated by the mafia independently and maybe unbeknownst to Hoffa in Detroit. But it really became a big thing with Hoffa and with Sylvia’s brokering that alliance. Little isolated examples of mob infiltration, I think, were already happening in Detroit. But once again, as Hoffa’s progressing in his career, moving up the ranks, he always had his eye on the top job. He wanted to be the president of the IBT. And of course, he knew he needed help in the Northeast for that, to realize that goal. And so with Sylvia helped set up meetings with Tony Ducks Corral Johnny Diagordi Tony Provenzano and Sylvia had gotten to know Provenzano in Detroit because he had strong connections to Detroit let’s see his cousin was married to. [20:39] Tony Giacalone’s cousin was married to Tony Pro, I believe, or vice versa. That’s your book. Yeah. I’d have to go back and read my own book. Yeah, it’s hard to keep up. Hard to remember all the details. All these players. Giacalone’s cousin was married to Provenzano. And so Sylvia had already met Provenzano in Detroit. And Chucky, her son, had already started calling him Uncle Tony. And so she had this great connection to Provenzano. And so she helped facilitate the Teamsters Mob Alliance in New York and New Jersey, just as she had in Detroit. And then it goes on from there. Then she later, we’re moving forward now, but she would later become the link between Hoffa and his closest contact in Cleveland, which was Moe Daylitz. She became the link between Hoffa and Alan Dorfman in Chicago. And she became the link between Hoffa and the Sevilla brothers in Kansas City. So she really was, and this is all, they taught, there’s a, from those FBI tapes, those illegal FBI tapes, we have Tony Zarelli and Nick Sevilla in Florida speaking about Sylvia Pagano and her relationship as a liaison between the Detroit family and between the Kansas City family. Like, there’s your proof right there. Not that you need it. She was really… [22:09] The guys, a lot of them really liked, adored her in the sense of she did have an affair with a couple of them, and she was a good-looking woman. A lot of them had, Moe Dalitz was known to have a crush on Sylvia, possibly an affair with Sylvia. But she was more than your mob mole, right? She was a dealmaker. She was an advisor. She was a liaison. She brought money to the table. She did deals with the guys. She helped broker some pension fund loans, all these things. So what I like to say about Sylvia is that we all know that the mob never inducted women into their ranks. But if they had, Sylvia Pagana would have been their first choice because she worked hard. She was loyal. [22:56] She kept her mouth shut. And she really lived truer to the code than some of the men did. She was 100% omerta. She really was. and she learned that in the north end of Kansas City, where Umerta was extremely strong even up into this century after it wasn’t so strong in other places and so she passed that on to Chucky O’Brien. He was also a real strong adherent to the code of silence. Yeah, I think we have to remember Chucky O’Brien was half Italian. His father was Italian. No. [23:33] So his mother, Sylvia, was the Italian. Mother, Sylvia, yeah. Yeah, his dad was Irish. Yeah, I got that mixed up. Exactly, asked backwards. But yeah, he was half Italian. And so he really talked the talk, and he moved right in. All these guys were like his uncle, Uncle Nick, Uncle Quirk, and that kind of thing. So he came back to Kansas City. Tell a little bit about Chuckie O’Brien and Kansas City. Yeah, so in 1950, he’d been in Detroit for about nine years by that point. 1950, he’s getting into high school age, and Sylvia sent him back to Kansas City to live on Independence Avenue with his grandparents, and he went to Cardinal Glennon High School. [24:13] And became a good athlete, started dating a gal from the old neighborhood who was a lot like Sylvia. I think that’s really interesting because Chucky really idolized his mother, but he never really, when he was young at least, got to spend as much time with her as he wanted. He spent a lot of time back in Kansas City. He spent a lot of time at his uncle’s house in Detroit because Sylvia was so busy with Hoffa and with the mob. So here’s Chucky in Kansas City. He meets a gal from Sylvia’s old neighborhood who has other things in common with Sylvia and who even looks, in my opinion, quite a lot like Sylvia. And he would eventually take her back to Detroit and marry her and have a family together. But his main objective, it really in Kansas City wasn’t so much going to school. It was becoming a truck driver. He wanted to become a truck driver so that he could put himself on the path to becoming a union organizer like his hero and surrogate father, Jimmy Hoffa. And according to Chucky, Uncle Nick and Uncle Cork got him his first job as a driver and got him his first union card with local 541. [25:23] And this was right at the time when Local 541 was becoming ground zero for labor strife and union corruption in the United States. And Gary, you said a key word earlier, which was Peckerwood. And that’s who was running the Kansas City Teamsters at the time. It was dominated by Peckerwood guys, country boys, basically, and like Hoffa. And these guys were just as bad as the Italian gangsters who were more famous. They ran those locals with intimidation and terror, and they were violent, and they were very ambitious. They had political power. [26:08] Make a long story short, in 1953 in Kansas City, we had an inter-union labor war. And it was the Teamsters versus almost every other union in town. And Teamsters were trying to dominate a lot of these other unions is what it was. And so you had a complete paralysis of the entire construction industry for three months. Imagine just all construction stopping for three months in any metro area and how devastating that is to the economy. 23,000 Kansas Citians were out of work. The Teamsters were refusing to pick up or deliver supplies. And that eventually morphed into violence and sabotage. You had guys going into battle at construction sites. People were getting badly injured. People were getting kidnapped. It was, and then furthermore, we had four military defense projects centered in the Kansas City area, and this is right at the height of the Korean War. So these military installations were suffering work stoppages also. So this was unacceptable in Washington. And Congress swooped in with hearings and an investigation. [27:17] And they called this, basically, it was, I think the exact language was something like the most forbidding chapter in the history of American unions, something like that. It was a big deal. This history has been mostly forgotten. But Kansas City was [27:32] completely paralyzed for about three months. And that was the union that was the local mainly primarily local 541 which chucky was a young member of he was too young at that time to get drawn into the politics of the union i don’t believe that he was on the front lines of these these battles and violence that was happening he was just a brand new truck driver at the time but he was part of that in the sense that he was a local a member of the local at the time this stuff was happening so yeah that’s that’s what happened when Chucky came back to Kansas City. [28:07] Interesting. And that must have been the time when Roy Williams started moving up the ladder and the mob was moving in and they moved this auto ring and some of his people out. And Roy Lee Williams must have, with the support of Nick Civella and the local mob, must have moved right on in. Yeah, that’s exactly what happened. The main guy behind all the strife and violence I was just talking about was Orville Ring, classic quintessential Peckerwood guy and then after all this happened Hoffa swooped in and helped negotiate an end to these conflicts in 1953 and, And Nick Civella and his crime family, they were all watching all this from the wings, planning and scheming. Wow, there’s a lot going on here. How can we capitalize on this? [28:50] So in the aftermath of it all, the Savellas basically intimidated Orville Ring out of the Union. He went back to his farm. Later, he was killed in an accident on his farm, which a lot of people thought was the mob, that the mob did it. But it looked probably just an accident. And I think a tractor rolled over on him or something like that. But yeah, Roy Williams. So at this time, just basically the Italians were taken over from the Peckerwoods. There were still some useful Peckerwoods, and they worked together. And Roy Williams was the key guy there. This is when Nick Civella and he started working together to take over the Teamsters in Kansas City. You’re exactly right. And the rest is history. Really? really. Roy Williams is an interesting guy. He was a war hero from World War II. He had several bronze stars and he was a huge war hero, but he knew which side of the bread got the butter. And so he went with that and he went with Nick Civella. And he did, he bucked up to him a few times, but Nick Civella, actually in a famous scene, Nick Civella had him picked up and driven somewhere and shined a bright light in his eyes and said, you will go along with this scheme. [30:05] So it’s, but he kept going along to almost, he almost, he did become the president of the union for a short period of time, almost right there at the end of his life and when everybody was going to jail. But he was Nick Civella’s protege and Nick Civella’s puppet for his whole life and the whole Teamsters union was. [30:24] Yeah and that story you mentioned with the white spotlight shining in his eyes they kidnapped him and took him into this empty warehouse and i always point to that as just one of those. [30:34] Terrifying stories about how the mob used to work and yeah man and that wasn’t the only time that they intimidated roy williams in that manner so he like you said he was this tough guy war hero He was a big guy, and yet even a guy like that can get intimidated into doing whatever these guys tell him to do because his tactics that they used were just terrifying. Yeah. I read one thing where he later on, he claimed when he turned and gave evidence and talked to the Bureau that he claimed that they also threatened his wife and children during one of these sit downs with him. I mean, they did the same thing to Alan Glick out in Las Vegas. Tuffy DeLuna was out there, and he read off Alan Glick’s name of his wife and his children. He said, you may find yourself expendable, but I don’t think you’re going to find your family expendable and read off their names. So there’s two good examples of them. Say that Bob never messes with your family. There’s two good examples of them using the family and family as threats. Yeah. [31:40] It’s very tough. Yeah, it is. I heard knowing Mo Dalitz, to me, that was key because he was such a mover and an operator. Talk a little more about that. He had been in Cleveland. He had to set her up with Bill Presser. And that was primarily Jewish mobsters in Cleveland, seemed to me like. And then he also had all those connections to Chicago to get to Red Dorfman, his son, Alan Dorfman. Talk a little more about that relationship with Mo Dalitz. In Mo Dalitz’s biography, I can’t think of the name of the author at the moment, but that author states that Sylvia was one of Mo Dalitz’s lovers. I’m not sure if that’s true or not. I do think that Mo Dalitz, at the very least, had a crush on Sylvia, but also respected her very much. And she, just as she had with the Detroit family before, she brokered an alliance with Daylitz. What happened was Daylitz had a laundry empire, was a rum runner and a racketeer and a leader in the Jewish mob. But he also had a lot of legitimate businesses, including a laundry empire in Detroit and Cleveland. [32:53] And while he was still in Detroit, before he really made his move to Cleveland, his permanent move to Cleveland, his laundries, along with other laundry owners, they bonded together in an association. And they were very anti-union. And they were basically at odds with the Teamsters. And until Sylvia swooped in. And Sylvia had her own connections by now to the Laundry Workers Union also. So she’s working for the Teamsters, and she’s very close to Hoffa, but she then married a guy named John Paris, who was the head of the Laundry Workers Union. [33:32] So Sylvia knows Hoffa, and she knows the head of the Laundry Workers Union very closely, and she knows Dalitz. So she’s the one who’s positioned to bring these people together, sit them down at the same table, and start working together, start negotiating. And that’s what she did with Daylitz. And so that led to Daylitz paying off Hoffa, basically, to settle this contract on terms that were favorable to Daylitz and the other laundry owners. [34:07] But you could say that Hoffa, in that case, sold out his members, at least at that time. Now, I do want to make it clear that most rank-and-file teamsters for many decades loved Hoffa because he definitely did negotiate some great contracts that brought truck drivers into the middle class, got them very good pay and benefits. And it’s only fair, it’s only right to give him credit because as somebody once said about Hoffa. [34:33] He was always a criminal, but also always a teamster. And he worked very hard for his membership. He never stopped working. And it was sincere, I do believe. But there were times when he, the ends justified the means and he did whatever he had to do to keep the union alive, but also to serve himself and enrich himself. And that was one of those cases where the membership lost out a little bit when Hoffa and Daylitz formed their alliance with the initiation and the help of Sylvia Pagano. Interesting. So let’s go back to Chucky O’Brien for a minute. He goes back up from Kansas City. He ends up back up in Detroit and working very closely with Jimmy Hoffa. And you talked to his son. Yeah. And to make that, and he was probably a huge help and some insight into what his father was like. So talk about Chucky O’Brien when he got back with Hoffa. Yeah, so he goes back to Detroit. [35:31] And he steps right back into the Hoffa family circle because Sylvia became part of the Hoffa family. She was Josephine Hoffa’s best friend. Jimmy Hoffa relied on her not only for important work in the union and for important connections to the mob, but he also relied on her heavily as Josephine’s personal assistant and caretaker. Sylvia worked extremely hard serving other people. And she was an excellent caretaker to Josephine who needed a lot of care, had very poor health, made worse by severe alcoholism. And Sylvia was a wonderful caretaker. But Chucky stepped right back into that family orbit. Later, when his own kids were small, Chucky and his wife and his kids moved into the Hoffa house. They’d all lived under the same roof for quite a few years. But Sylvia was really the glue that kept it all together and Chucky’s son who’s also named Chuck O’Brien he was a young boy at this time so his memories of his grandmother. [36:42] And Jimmy Hoffa started when he was a young boy and continued up until Sylvia died when he was in his late teens, but he was a great source for the book helped out a lot I really appreciate him And it was interesting to have direct access to someone who actually lived under the same roof with Jimmy Hoffa. So he was not privy, young Chuck was not privy to any inside information or any mob dealings or anything like that. But he later moved to Kansas City and went to work in the River Key for his uncle at the Godfather Lounge, which just a couple of years later was torched in the River Key War. And then young Chuck had worked in professional hockey for a while. And then he became a truck driver and joined Local 41. And so all this history just comes full circle and repeats itself. And I was a little fascinated by these Sylvia’s grandkids who were born and raised in Detroit. They both ended up back in Kansas City in the land of their parents and their grandparents. And they ended up in the same neighborhoods that Sylvia had been born in many years before. [37:57] Interesting. And Chucky O’Brien, then he’s kind of Hoffa’s driver sometimes. And Aaron Renner on up to the end of Hoffa’s life was even implicated at the very end. Some people claim that he helped set Hoffa up because he was the one person that Hoffa trusted. And that one movie, The Irishman or whatever, really threw a lot of shade on Chucky O’Brien. So how did you deal with that. [38:21] Yeah, I think Chucky got a real bad rap, and as I used to study Hoffa and read all the Hoffa books, I always thought, I always had a very low opinion of Chucky O’Brien, and he became the butt of a joke, and he was portrayed as this blundering, not-too-bright guy who either helped kill his surrogate father or was duped into giving him a ride to where he was killed without knowing what was going on and without being able to, realize it to the point where he could have maybe helped Hoffa. I think Jack Goldsmith put all that to rest. He really changed my opinion of Chucky in his book, but I realized that Chucky had been misunderstood in many ways. Was he involved in Hoffa’s disappearance or not? I think Goldsmith basically vindicates Chucky. [39:15] However, I do believe that there’s still some evidence that could strongly suggest that even in light of what Goldsmith wrote, that Chucky could still have known more than he let on. But he was so committed to Emerita that he took a lot of secrets to his grave, I believe. What’s interesting is some of the other co-conspirators in the Hoffa thing ended up dead, like Sally Buggs, and got killed in Little Italy a few years later, and the prevailing wisdom, at least, was to, keep him quiet about the Hoffa case. And they would have probably done the same thing to Chucky if Chucky could have pointed the finger at anybody or implicated anybody. And I’m sure he could have. I’m sure he knew some things about that. He was so close to Giacalone. Chucky was very close to Tony Giacalone and to Tony Provenzano. [40:07] And I think that Chucky survived because Giacalone trusted him 100% just as Sylvia Pagano’s son. Giacalone’s trust in Chucky to not give anybody up was just so rock solid. And he loved Chucky. And I think that he was also honoring Sylvia by allowing Chucky to stay alive. So I know I’m straying from your initial question, Gary. There’s so much going on with the whole Chuck O’Brien thing and his involvement. It gets very interesting. You have to get really down in the weeds with it to understand all of it. But I think that Goldsmith’s book is a great read for anybody who’s interested in Hoffa and the whole case. I definitely would recommend it. So it may come down to Chuck O’Brien. And was he more loyal to the mob, to the mafia and their code? Or more loyal to Hoffa and the Teamsters? as Hoffa as an individual, not to the teams or his union, but Hoffa as an individual. Was he more loyal to Hoffa or more loyal to the union or more loyal to the mob? And giving up those guys, he has to turn his back on everything. [41:21] The union and the mob. And so I can see where he, whatever he knew, [41:25] he was not going to say a word. It would be to his advantage. He has no, they didn’t have a hammer on him. Wasn’t a criminal. They didn’t have a life sentence hanging over his head for anything. They did have, they did prosecute Chucky on a federal case. It was a small time thing. He took some, maybe took some gifts from a, from an employer in his role as a union guy, some small gifts. And then he had also got caught up in a cargo theft case, which is all documented in the book, Office of Connection. But the law enforcement did have a couple of cases that they could apply pressure onto Chucky. But he didn’t say a word, and he just went to prison and served his time. He didn’t have to serve too much time. He was only in for about a year, I think. It was a low-level felony. But he just, he’d never thought once about turning state’s witness. He just went and served his time and got back out and went on with his life. [42:25] Yeah. It’s those 50 and 75-year sentences that’ll make the right attorneys. You get even, I used to say, when they came up, those sentencing guidelines for cocaine dealers, you could make a guy talk about his mother when he’s looking. He’s 40 years old and he’s looking at a 50, 75-year sentence. Yeah. I do have to say, though, if there’s one guy that might, and there was a few of them who went and served a hard time. Yeah, a long time until they’re old. Rather than give anybody else up. And I think Chucky would have been one of those guys. I do. Yeah. [42:57] Having been raised by sylvia pagano he was just so committed to that culture and those traditions and that way of life and and omerta yeah sylvia even had almost a kind of a halfway making ceremony for chucky she arranged for the top guys in detroit when he came back to detroit from kansas city in the early 50s tony giacalone put together a little event where chucky walked into the back room of grecian gardens restaurant in detroit and all the top guys were sitting around a table and he made a pledge of loyalty to them at that time and then he sat down and broke bread with them and he didn’t prick his finger and burn a card and he wasn’t made into the family but it was all halfway a little bit and they did that for sylvia and because they just valued her so much they respected her and they needed her they she was the connection to their most valuable asset, which was Jimmy Hoffa. So that tells you a little bit about how much respect they had for Sylvia and also for Chucky’s unique role. Here he is. [44:05] He’s he’s the son of charlie banagio’s low-level chauffeur yeah and yet he’s sitting down with guys like meyer lansky in florida he’s sitting down with all the top guys in detroit chicago inu acardo rica rosanova all these top guys in chicago then he would sit down with them on behalf of jimmy hoff he was he probably i say in the book that he probably had more chucky o’brien the son of, Banagio’s chauffeur probably had more sit-downs with high-level mobsters than Nick Civella did. As Hoffa’s representative, that was the life. And he knew how to handle that kind of thing because he was raised by Sylvia. So he knew how to say, what not to say, how to behave himself in those types of meetings. So that came naturally to him. And he was Hoffa’s gopher. He drove in places. He took Hoffa’s wife to her medical appointments. He did low-level stuff like that, but he also did more important work, more sensitive stuff, like sitting down with mob bosses and relaying information back and forth, just like as Sylvia had taught him to do. [45:16] That’s fascinating. I tell you what, guys, Frank Hayde, Hoffa’s Connection, the story of Sylvia Pagano, the Ken City girl at the center of the mafia’s alliance with the Teamsters Union. I might have links in here. You better get this book. This is untrod territory. Unplowed ground, as we used to say on the farm. This is fresh stuff that you’ve read. There’s so many books out there about Hoffa and his disappearance that they just want to, come on, we can’t do this. I can’t do this again, Hoffa’s disappearance. You’re never going to find his body. You’re never going to figure out exactly who killed him. Nobody’s going to talk, and anybody that could is dead. But this unearthed some really fresh, interesting information about Hoffa and his connection with the Italian La Cosa Nostra in the United States, the entire United States, really. Yes. Thank you, Gary. That was a very nice little summary of it. And I really appreciate you. You’ve had me on your show before, my other books, and I listened to your podcast. Can’t get enough of it. You do terrific work. All us wire trappers love you, man. And we all appreciate you very much. Thank you. Thank you. Are you still doing the, are we still buying you cups of coffee and that kind of stuff? Yeah, you can always buy me a cup of coffee and hit the donate button. [46:29] I forget about doing that. I’ve been doing this so long and I got a few guys that hit it regularly and some never do. I do this for the pure joy of it anyhow, but it helps to have a little extra money coming in now and then. When you were selling books yesterday, you love writing this book. You love all that research and putting it together and educating people, but it’s nice to get paid for it too. [46:50] It’s a small-time racket, but hey. It’s a small-time racket. Another interesting thing, Frank, we were talking about people doing time, getting so much time, and trying to force them to talk. Yesterday, Frank had a program at the library, and we had a local guy who was a subject of his last book, Mafia Dreams, who was a mob hanger-on guy when he was a young guy. And he got caught up in a murder, an accidental murder in a way. That it’s a long story and you have to get mafia dreams to learn about it. The next generation of the wannabe. [47:25] Italian mafia guys in kansas city and so that guy was there he did 25 years 25 years for what we call felony murder another guy he transported a friend of his to a drug by only the guy killed the man was selling the or tried to kill the man that was selling the drugs and the fbi had it set up and ran in and shot and killed the kid who almanese had carried up to the drug ripoff and And so they charged this driver with felony murder, and he did 25 years, just got out about four or five years ago. He could have talked. He had enough to buy him a lot of grace on that 25-year sentence, and he did every minute of it. He never said a word, and it was hard time. It was state time here in Missouri. Yeah, I think that’s true. I think he is representative of Kansas City in a way, because I do believe that in Kansas City, the Code of Emerita persisted longer than most places. And yeah, when you’re 24 years old, I think he was 24 at the time that he was sentenced. Maybe he was 25 and you get sentenced to 25 and a half years. [48:38] And you have the chance to whittle that down by giving up information on your friends. And you don’t take it, and you choose to do the 25 and a half years, that’s hardcore. And he did, and those are the best years of his life that he’ll never get back. But he is out now, and he’s making a legitimate living and keeping his nose clean and just trying to make up for a lot of lost time. Yeah, he is. 25 years will straighten your mind out, won’t it? Yeah. Man. All right, Frank. Thanks so much for coming on the show. Hey, thanks again, Gary. Don’t forget to donate Bob the Bob Gary cup of coffee, y’all. Thank you. Okay, Gary. Okay, Frank. That was great. Talk to you later.

From January 9, 2025: Jack Goldsmith sits down with Orin Kerr, a Professor at Stanford Law School, to discuss his new book, “The Digital Fourth Amendment: Privacy and Policing in Our Online World.” They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the courts are interpreting the Fourth Amendment in a digital age, as well as Kerr's Equilibrium-Adjustment Theory, the core theory of the book.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 4, 2024: As the 2024 presidential election approaches, a vital question is whether the legal architecture governing the election is well crafted to prevent corruption and abuse. In their new book, “How to Steal a Presidential Election,” Lawrence Lessig and Matthew Seligman argue that despite the Electoral Count Reform Act of 2022, serious abuse of the presidential election rules remains a live possibility. Jack Goldsmith sat down with Lessig to learn why. They discussed the continuing possibility of vice presidential mischief, the complex role of faithless electors, strategic behavior related to recounts, and the threat of rogue governors. They also pondered whether any system of rules can regulate elections in the face of widespread bad faith by the actors involved.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 12, 2025: Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his recent Lawfare article discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Hot takes from James Comey, the 5th Circuit weighs in on habeas corpus petitions, and does being a lawyer suck? Sarah Isgur and David French weigh in. Note: SCOTUSblog is hiring. Find more details and apply at this link, or send a cover letter and resume to scotusblog@thedispatch.com. The Agenda:–Introducing the Interim Relief Docket Stat Pack–Where are all the U.S. attorneys?–Supreme Court allows California to use congressional map benefitting Democrats–Trump administration games immigration issue via Fifth Circuit–James Comey and Jack Goldsmith defend the courts Show Notes–February 1, 2026—On the Rule of Law - James Comey–Fifth Circuit Sides With Trump on Immigrant Detention Law Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch's offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you'd like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jack Goldsmith, who once ran the Justice Department office that advises presidents on what they can and can't legally do, takes on some of the hardest questions about the limits of the president's power — from changing the government to the use of military force abroad, including the invasion of Venezuela.Drawing on his experience inside the executive branch, he looks at why the limits on presidential power are more fragile than they appear, how precedent quietly expands executive authority, and what that means for the future of the presidency. 

Administrația Trump a anunțat desfășurarea navei Gerald Ford în Caraibe. Deplasarea celui mai mare portavion din lume vine după eliminarea de către americani a unor grupuri considerate a fi traficanți de droguri. Președintele columbian este vizat, spun analiștii. Presa internațională comentează și anunțul președintelui Vladimir Putin privind lansarea cu succes a rachetei intercontinentale Burevestnik, considerată invincibilă în fața sistemelor de apărare aeriană. The Wall Street Journal numește această mișcare „cel mai puternic semn de până acum că administrația Trump ia în considerare extinderea campaniei sale militare în regiune”, alături de o aparentă schimbare a priorităților. Gerald Ford va părăsi Marea Mediterană și se va îndepărta atât de Ucraina, cât și de Gaza. Va fi pentru prima dată „în ultimele decenii”, potrivit ziarului, când nu va exista niciun portavion american în zona părăsită. El Mundo consideră că Donald Trump „pune presiune asupra lui Nicolás Maduro. Desfășurarea militară actuală în sudul Caraibelor este „deja cea mai mare din ultimii 40 de ani, depășind-o chiar pe cea utilizată pentru invazia din Panama în 1989”, cu cei 10.000 de soldați staționați. Președintele venezuelean a reacționat acuzând Statele Unite că „inventează un nou război etern” după ce „au promis că nu vor mai intra niciodată în război”. Legalitatea acestor atacuri este pusă sub semnul întrebării chiar dacă Casa Albă demonstrează „o transparență îndrăzneață”, notează The New York Times. Jack Goldsmith, profesor de drept la Harvard, consideră că „Trump, așa cum face adesea atunci când ignoră legea sau normele, acționează public și fără rușine sau disconfort. Aceasta este o modalitate foarte eficientă de a distruge eficacitatea legii și a normelor”. În uniformă militară, Vladimir Putin a primit raportul din partea șefului Armatei, Valeri Gherasimov, că Rusia a testat racheta de croazieră Burevestnik, cu propulsie nucleară. Comentatorii analizează importanța evenimentului. Potrivit The Moscow Times, confirmarea testelor vine în urma imaginilor din satelit și a avertismentelor de navigație din ultimele luni care indicau o lansare iminentă. Putin s-a lăudat că „invincibilul” Burevestnik are o rază de acțiune aproape nelimitată și poate evita apărarea antirachetă americană atunci când l-a dezvăluit în 2018. Anunțul vine în contextul în care forțele rusești câștigă teren încet, dar constant, în Ucraina, în bătălii costisitoare. BBC ”transmite că arma, anunțată pentru prima dată în 2018, a fost aclamată ca având o rază de acțiune potențial nelimitată și având capacitatea de a evita apărarea antirachetă. Experții occidentali au pus anterior la îndoială valoarea strategică a rachetei și afirmațiile Rusiei că a testat-o ​​cu succes”. Iar analiștii citați de Kyiv Independent spun că racheta Burevestnik a devenit mai importantă pentru Kremlin de când Casa Albă a anunțat în ianuarie planurile de a dezvolta scutul antirachetă american Golden Dome.

AEI Colleague Week is off with a bang as Jonah Goldberg dives deep with Kori Schake on the interplay between the American military and government. They survey history and current events alike, covering the Whiskey Rebellion, Andrew Jackson's invasion of Florida, Defense Secretary Pete Hegseth's meeting of the generals, and the Israel-Hamas ceasefire. Shownotes:—The State and the Soldier—Bret Devereaux's Dispatch author page—Jonah on Congress—Live Remnant recording in Grand Rapids on November 4—Jack Goldsmith on the Insurrection Act The Remnant is a production of ⁠The Dispatch⁠, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch's offerings—including access to all of Jonah's G-File newsletters—⁠click here⁠. If you'd like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

From May 10, 2024: David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government's power, the Equal Protection Clause, or the prohibition on cruel and unusual punishment. They also talked about whether the political process is working with advancing decriminalization and how this impacts the constitutional dimension of the drug war.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's been a long (and eventful) summer. But the leaves are just beginning to turn and there's a cool breeze in the air, which means it's time for a new season of Digging a Hole! We kick off this season with a wide-ranging discussion on the limits of executive power, the role of courts in checking the executive branch, and what progressives should do after Trump 2.0. To help guide us through these thorny issues, we're thrilled to welcome to the pod Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at NYU School of Law.In 2020, at the end of Trump 1.0, Bauer, with Jack Goldsmith, authored After Trump: Reconstructing the Presidency. Bauer and Goldsmith's title did not prove prescient, however, and the second Trump administration presents a bevy of new challenges to our constitutional system. We begin the episode by discussing the expansion of executive authority and the extent to which the Supreme Court is responsible for enabling the second Trump administration. Sam and David query when and how we can know whether the Court is rolling over for the administration. Sam then continues prosecuting the case against courts generally, and Bauer parries by explaining why it remains necessary for progressives to engage with the courts. David closes the pod by teasing out Bauer's views on whether progressives should change their approach to election law. We hope you enjoy!This podcast is generously supported by Themis Bar Review.Referenced ReadingsAfter Trump by Bob Bauer and Jack Goldsmith“Progressives and the Supreme Court” by Bob Bauer“Election Law for the New Electorate” by Nicholas StephanopoulosNYU Law Democracy ProjectWhat are Sam & David reading?Sam is reading Sarah Bilston's The Lost Orchid.David is reading Vladimir Kogan's really amazing new book No Adult Left Behind: How Politics Hijacks Education and Hurts Kids

Every week, headlines tell us that a single federal judge has blocked a presidential order—sometimes halting major policies for years. But should that be possible? Is it democratic?In this episode, we dig into the rise and fall of universal injunctions—a little-known legal tool that allowed one judge to freeze nationwide policy. With a recent Supreme Court decision, those injunctions are now off the table, but the ruling raises bigger questions: Has the Court consolidated power for itself? What does this mean for the balance between the executive branch, lower courts, and the justices in Washington?We talk with Jack Goldsmith, former Assistant Attorney General and Harvard Law professor, to unpack the legal mechanics, political stakes, and the hidden negotiations between the Supreme Court and the presidency. The result is a story about law, politics, and power that goes far beyond the headlines.

This is a free preview of a paid episode. To hear more, visit andrewsullivan.substack.comNiall is one of my oldest and dearest friends, stretching back to when we were both history majors and renegade rightists at Magdalen, Oxford. He is the Milbank Family Senior Fellow at the Hoover Institution and a senior faculty fellow of the Belfer Center for Science and International Affairs at Harvard. He's also the founder and managing director of Greenmantle LLC, an advisory firm. He's written 16 books, including Kissinger, 1923-1968: The Idealist and Doom: The Politics of Catastrophe (which we discussed on the pod in 2021), and he writes a column for The Free Press.For two clips of our convo — a historical view of Trump's authoritarianism, and the weakness of Putin toward Ukraine — head to our YouTube page.Other topics: attending Niall's 60th birthday party in Wales with an all-male choir; Covid; Cold War II; China's surprisingly potent tech surge; the race for semiconductors and AI; Taiwan; global fertility; Brexit; the explosion of migrants under Boris and Biden; the collapse of the Tories; Reform rising; Yes Minister; assimilation in the UK; grooming gangs; the failure of “crushing” sanctions on Russia; the war's shift toward drones; Putin embraced by Xi and Modi; Trump's charade in Alaska; debating Israel and Gaza; the strike on Iran; the Abraham Accords; the settlements; America becoming less free; Trump's “emergencies”; National Guard in DC; the groveling of the Cabinet; the growth of executive power over many presidents; Trump's pardons; Kissinger; tariffs and McKinley; the coming showdown with SCOTUS; Jack Goldsmith's stellar work; Mamdani; Stephen Miller's fascism; the unseriousness of Hegseth; the gerrymandering crisis; the late republic in Rome; Tom Holland's Rubicon; Niall's X spat with Vance; Harvard's race discrimination; Biden re-electing Trump; wokeness; and South Park saving the republic.Browse the Dishcast archive for an episode you might enjoy. Coming up: Jill Lepore on the history of the Constitution, Karen Hao on artificial intelligence, Katie Herzog on drinking your way sober, Michel Paradis on Eisenhower, Charles Murray on religion, David Ignatius on the Trump effect globally, and Arthur Brooks on the science of happiness. As always, please send any guest recs, dissents, and other comments to dish@andrewsullivan.com.

From February 14, 2023: Last month's brutal murder of Tyre Nichols by Memphis police has once again sparked a national conversation about the causes of and remedies for persistent police misconduct and abuse. To explore this issue, Jack Goldsmith sat down with Joanna Schwartz, a law professor at UCLA School of Law, who is the author of a new book called, “Shielded: How the Police Became Untouchable.” The book argues that police abuse is a result of pervasive pathologies in the legal system that shield from accountability not just police officers, but also their supervisors and the local governments for which they work.Joanna and Jack discussed the many accountability gaps in the legal regime governing police abuse. Like her book, they focused on problems of achieving justice through the civil rights system, problems that include the high bars to finding a lawyer and to convincing a judge to hear the case, Fourth Amendment doctrine, qualified immunity, and the challenges of municipal liability. They also discussed the best path to reform and the prospects of reform.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Harvard Law Professor Jack Goldsmith didn't just study organized crime—he lived it. As the son of a notorious mob lawyer and stepson of a hitman, Goldsmith had unprecedented access to the inner workings of America's most powerful criminal organization. Now, his explosive revelations about Jimmy Hoffa's disappearance connect to a conspiracy that reaches the highest levels of government and explains how the mob didn't just influence labor unions—they infiltrated the entire American power structure.This isn't just another Hoffa theory from an outsider. Goldsmith's family connections gave him access to conversations, documents, and secrets that most researchers could never obtain. We're talking about firsthand knowledge of how the mob operated, who gave the orders, and why Hoffa's elimination was just the beginning of a systematic takeover that continues to this day.Our explosive investigation reveals how Goldsmith's unique position allowed him to uncover connections between organized crime families, government agencies, and corporate power structures that most people would find impossible to believe. The rise and fall of the mob wasn't just about bootlegging and gambling—it was about creating a shadow government that could control labor, politics, and information flow across America. From his insider knowledge of mob operations to his later work in government intelligence, Goldsmith witnessed how the same networks that made Hoffa disappear also influence elections, suppress investigations, and maintain control over American institutions. Mystery enthusiasts and truth-seekers know that some witnesses have access to information that others can only speculate about—and this episode proves why Goldsmith's testimony is so dangerous. We'll reveal how labor unions became the mob's gateway to controlling entire industries, how Hoffa's murder connected to ongoing government operations, and how the supposed "fall" of organized crime was actually just their evolution into more sophisticated forms of control. The mob didn't disappear—they went legitimate and became even more powerful. From union halls to government offices, from corporate boardrooms to university lecture halls, this episode exposes how one man's family connections allowed him to document the greatest conspiracy in American labor history. Goldsmith's revelations aren't just academic research—they're insider testimony from someone who grew up in the world that most people only see in movies. The rise and fall of the mob is really the story of how organized crime became organized government, and Goldsmith's unique perspective reveals how this transformation shaped modern America in ways that most citizens never realize. Stream exclusively on Spreaker for uncensored bonus content about Goldsmith's suppressed research, or find us on Amazon Music (ask your Alexa about Jack Goldsmith Hoffa), Apple Podcasts, Spotify, iHeartRadio, and everywhere truth-seekers get their insider reality checks. Some witnesses have access to secrets that others can only imagine—this episode reveals why.

The Supreme Court just wrapped its term, handing down many consequential decisions, including in the birthright citizenship case which significantly limited the ability of lower court judges to check the president's power. Preet is joined by professors and Supreme Court experts Trevor Morrison, Melissa Murray, and Jack Goldsmith to discuss the implications of that decision, and other emerging themes from this Supreme Court.  Join the CAFE Insider community to stay informed without hysteria, fear-mongering, or rage-baiting. Head to cafe.com/insider to sign up. Thank you for supporting our work. Show notes and a transcript of the episode are available on our website.  You can now watch this episode! Head to CAFE's Youtube channel and subscribe. Have a question for Preet? Ask @PreetBharara on BlueSky, or Twitter with the hashtag #AskPreet. Email us at staytuned@cafe.com, or call 833-997-7338 to leave a voicemail. Stay Tuned with Preet is brought to you by CAFE and the Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

From April 12, 2024: The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It's been invoked dozens of times by presidents to respond to crises in the over 230 years that it's been around, but it hasn't been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it's finally time to curb the sweeping powers afforded to the executive in this unique federal law.On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 26, 2023: The Supreme Court during World War II issued some of the most notorious opinions in its history, including the Japanese exclusion case, Korematsu v. United States, and the Nazi saboteur military commission case, Ex parte Quirin. For a fresh take on these and related cases and a broader perspective on the Supreme Court during World War II, Jack Goldsmith sat down with Cliff Sloan, a professor at Georgetown Law Center and a former Special Envoy for Guantanamo Closure, to discuss his new book, which is called “The Court at War: FDR, His Justices, and the World They Made.” They discussed how the Court's decisions during World War II were informed by the very close personal bonds of affection that most of the justices had with President Roosevelt and by the justices' intimate attachment to and involvement with the war effort. They also discussed the fascinating internal deliberations in Korematsu, Quirin, and other momentous cases, and the puzzle of why the same court that issued these decisions also, during the same period, issued famous rights-expanding decisions in the areas of reproductive freedom, voting rights, and freedom of speech.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Sarah Isgur and David French discuss the legal back and forth regarding President Donald Trump's tariffs before turning to his attacks on the Federalist Society. The Agenda:—Court of international trade blocks Trump's tariffs—Appeals court reinstates tariffs—Major questions, explained—Jack Goldsmith on IEEPA—Trump goes after Leonard Leo—What is the difference between a lie and criminal fraud?—Granting and revoking immigration statuses—Blue Book reform Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch's offerings, ⁠⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

From January 26, 2021: Jack Goldsmith sat down with Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, a senior fellow at the Hoover Institution and the author of the new book, "The President Who Would Not Be King: Executive Power Under the Constitution." They discussed McConnell's textual historical approach to interpreting presidential power under Article II of the U.S. Constitution, the many novel elements of executive power embodied in Article II and the proper understanding of Article II's Vesting Clause. They also talked about contemporary implications of Michael's reading of Article II for war powers, the unitary executive and late impeachments.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

President Trump may forever reshape the boundaries of executive power. This week on “Interesting Times,” Ross and Jack Goldsmith, who was the head of the White House's Office of Legal Counsel under President George W. Bush, discuss which cases are most likely to win in the courts and permanently expand the executive branch — for better or worse.00:02:03 Donald Trump's “moonshot on executive power”00:04:16 What has surprised Goldsmith the most00:06:57 Are we in a constitutional crisis?00:08:59 Alien Enemies Act00:14:02 The case of Kilmar Abrego Garcia00:25:23 Godel's loophole and Supreme Court enforcement30:10 Trump's firings of federal employees and restructuring of U.S.A.I.D.36:11 Trump's power over congressionally appropriated funding41:29 Obama v. Trump's discretion on enforcing laws passed by Congress43:03 The TikTok case45:46 Lawsuit over Trump's tariffs51:57 How the Supreme Court (maybe) thinks about picking its battles54:24 Worst case scenarios56:59 What the Supreme Court can do if the Trump administration does not comply01:01:32 What a Trump executive power revolution could look like in 2028 and beyond01:04:39 If Democrats win in 2028, what happens?(A full transcript of this episode is available on the Times website.) Thoughts? Email us at interestingtimes@nytimes.com. Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.

From May 16, 2023: In recent years, the Supreme Court's non-merits “shadow docket” has become a topic of contestation and controversy, especially the Court's emergency orders rulings on issues ranging from immigration to abortion to Covid-19 restrictions.To discuss these issues, Jack Goldsmith sat down with Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, who is the author of a new book entitled, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” They discussed the origins of the contemporary shadow docket in some 1973 emergency orders related to the bombing of Cambodia, why the Court's shadow docket has grown in prominence in recent years, what's wrong with the shadow docket, and how to fix it.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 8, 2024: The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes. Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the topic, “Means of Control: How the Hidden Alliance of Tech and Government is Creating a New American Surveillance State.” They discussed how the private broker market works, why the government is able to purchase bulk private data with relatively few legal restrictions, and the threat to privacy and civil liberties that inheres in the practice. They also discussed why this form of data is so important to the government and the prospects for reform of the relatively unregulated practice.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford's election to the Wisconsin Supreme Court and Cory Booker's 25-hour speech on the Senate floor, touch on potential legal challenges to Trump's ruinous tariffs, and discuss the latest in the ongoing right-wing effort to challenge Allison Riggs' election to the Supreme Court of North Carolina.Hosts' favorite things this week:Kate: Unmarked Vans. Secret Lists. Public Denunciations. Our Police State Has Arrived, M. Gessen; Setting the Record Straight on the Anti-Trump Injunctions, Steve Vladek; The Battle for the Bros, Andrew Marantz; Museum of Now, This American Life; The Senate and the Edward Martin Nomination, Jack Goldsmith; Isola, Allegra Goodman; How the Trump Administration Learned to Obscure the Truth in Court, Leah LitmanLeah: Eternal Sunshine Deluxe: Brighter Days Ahead, Ariana Grande; Hate Won't Win: Find Your Power and Leave This Place Better Than You Found It, Mallory McMorrow; Why Trans People Must Prove a History of Discrimination Before the Supreme Court, Chase Strangio; Remarkable Things in the Government's Alien Enemies Act Briefs to the Supreme Court, Marty LedermanVote for Less Radical in the Webby Awards here and here! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC6/12 – NYC10/4 – ChicagoLearn more: http://crooked.com/eventsPre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)Follow us on Instagram, Threads, and Bluesky

From January 30, 2024: U.S. military operations against Houthi rebels in Yemen have escalated rapidly in recent weeks, culminating in a number of major strikes aimed at degrading their ability to threaten Red Sea shipping traffic. But the war powers reports the Biden administration has provided to Congress are raising questions about how it is legally justifying this latest military campaign. To discuss the burgeoning conflict in Yemen and what it might mean for war powers, Lawfare Senior Editor Scott R. Anderson sat down with Brian Finucane, Senior Adviser at the Crisis Group; Lawfare Co-founder and Harvard Law School Professor Jack Goldsmith; and Lawfare Research Fellow Matt Gluck. They talked about their recent pieces on the topic, what we know and don't know about the administration's legal theory, and what the law might mean for how the conflict evolves moving forward. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 22, 2021: Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, "National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital era that is characterized by massive leaks and a very different press landscape than the one that prevailed in 1971.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As outside groups continuously file lawsuits to slow down the Trump administration's agenda, many Americans are wondering: how much power does the president rightfully have?Jack Goldsmith, Harvard Law professor and co-author of the Executive Functions Substack, joins Oren to break down the judicial landscape less than two months into the second Trump administration. They discuss the modern presidency and constitutionalism, limits on executive authority, and everything from impoundment to more aggressive theories of the unitary executive.

Jack Goldsmith sits down with Zachary Price, Professor of Law at UC Law San Francisco and author of the new book, “Constitutional Symmetry: Judging in a Divided Republic,” which argues for judges to make decisions that work “symmetrically” across major partisan and ideological divides. He explores the implications of this theory in the context of the Trump administration's legal actions, particularly regarding the removal power and the Supreme Court's evolving jurisprudence. The two discuss the implications of the unitary executive theory, particularly in relation to presidential power over law enforcement and executive orders. They analyze the TikTok executive order as a case study of presidential discretion and its potential overreach. The discussion also covers the implications of the Impoundment Control Act on congressional authority and the importance of maintaining a balance of power between the executive and legislative branches. Finally, they explore the concept of “constitutional symmetry” in the context of separation of powers and the role of civil service in preserving governmental integrity. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Intro ... Jack's experience with presidential power ... Unpacking Trump's Pentagon and DOJ purges ... Which legal battles could Trump win? ... The Trump-Musk chaos: bug or feature? ... How Trump is putting “unitary executive theory” into practice ... Is a unitary executive unconstitutional? ... Heading to Overtime ...

Intro ... Jack's experience with presidential power ... Unpacking Trump's Pentagon and DOJ purges ... Which legal battles could Trump win? ... The Trump-Musk chaos: bug or feature? ... How Trump is putting “unitary executive theory” into practice ... Is a unitary executive unconstitutional? ... Heading to Overtime ...

Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his recent Lawfare article discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sits down with Orin Kerr, a Professor at Stanford Law School, to discuss his new book, “The Digital Fourth Amendment: Privacy and Policing in Our Online World.” They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the courts are interpreting the Fourth Amendment in a digital age, as well as Kerr's Equilibrium-Adjustment Theory, the core theory of the book.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 10, 2023: International law has been under significant stress in the last decade as a result of global populism, the rise of China, the war in Ukraine, and the challenges of the pandemic, climate change, and cybersecurity threats, among many others. To discuss why international law seems to be failing in important respects and what to do about it, Jack Goldsmith sat down with Paul Stephan, the John C. Jeffries, Jr., Distinguished Professor of Law at the University of Virginia, and author of the new book, “The World Crisis and International Law: The Knowledge Economy and the Battle for the Future.” They discussed whether international law is truly failing, and if so, how; Stephan's claim that the accelerating pace of technological change induced by the knowledge economy best explains international law's unraveling; why the highest courts of important states are increasingly rejecting international law and the orders of international courts and tribunals; and Stephan's bottom-up prescriptions for these problems.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

ABC News and George Stephanopoulos have joined the preemptive capitulation parade by settling Trump's defamation suit—and by conspicuously paying out protection money ahead of the inauguration. The potential chilling effect on a key First Amendment issue is breathtaking. Meanwhile, Mitt Romney backs off of his criticism of Trump and Vance. Plus, the anti-oligarchic, semi-populist grounds for challenging the incoming administration. Bill Kristol joins Tim Miller. show notes: NYT piece Bill mentioned Bulwark debate on potentially ending Daylight Saving Time Bill's conversation with Jack Goldsmith

Jack Goldsmith sits down with Glenn Fine, the former principal deputy Inspector General of the Department of Defense and former Acting IG of the Department of Defense, and author of the new book, “Watchdogs: Inspectors General and the Battle for Honest and Accountable Government.” They discuss the history of inspectors general and early constitutional concerns about the role that inspectors general play, Fine's experiences at both the Department of Justice and the Department of Defense, the 2022 inspector general reforms and their significance, and Fine's own proposed reforms to improve inspector general oversight.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 11, 2021: David Ignatius, a columnist for the Washington Post, recently ran a lengthy column about the machinations of Kash Patel in the executive branch during the presidential transition. Patel, a former staffer for Devin Nunes, held a variety of positions in the months before Donald Trump left office, and Donald Trump considered him for a variety of other positions. It's a remarkable story that raises a whole series of questions that Jack Goldsmith has been asking on Lawfare for some time. Benjamin Wittes sat down with Ignatius and Goldsmith to discuss the article. What was Patel up to in the final days of the Trump administration? What does it say about the way the executive branch functioned under Donald Trump? And what does it say about the activities of the deep state?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 23, 2019: Michael Anton, former Trump administration national security official and a research fellow at Hillsdale College, has published an essay in Foreign Policy explaining what he calls the 'Trump Doctrine' on foreign policy. Recently, Anton sat down with Jack Goldsmith to discuss the new article and the philosophy behind Trump's foreign policy, particularly with respect to liberal internationalism and international institutions.They discussed the administration's foreign policy successes and failures, how it's similar to and different from prior administrations in substance and in rhetoric, and whether the president's style and aversion to diplomatic norms inhibits the substance of his foreign policy.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sits down with Keith Whittington, David Boies Professor of Law at Yale Law School, to discuss his new book, “The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool.” They discuss what the Constitution says about the impeachment power, how we should think about high crimes and misdemeanors, why impeachment shows that Congress is the preeminent branch of government, and the goals and values of impeachment. They also discuss the abuse of the impeachment power given current politics and what can be done about it, as well as whether Trump should have been convicted and disqualified in the second impeachment.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As Donald Trump's election interference case continues to make its way through federal court, some legal analysts are questioning the Justice Department's handling of the case. A debate has focused on why the DOJ allowed a collection of evidence to be released so close to Election Day. Geoff Bennett discussed more with Jack Goldsmith, a Harvard law professor and former assistant attorney general. PBS News is supported by - https://www.pbs.org/newshour/about/funders

This episode of “Trump's Trials and Tribulations,” was recorded on Oct. 10 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke with Harvard Law School professor Jack Goldsmith and Lawfare Senior Editors Anna Bower and Roger Parloff. They discussed Jack's recent op-ed in the New York Times—in which he argued that the Justice Department's recent filing in the Jan. 6 case is in tension with department policy, and that the department should publicly justify the filing and related actions. Bower and Parloff also ticked through other Trump litigation activity in D.C., Florida, Georgia, and New York.Learn more about Lawfare's new livestream series about the national security issues at play in the 2024 presidential election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sat down with Christopher Kirchhoff, a former senior official in the Pentagon's Defense Innovation Unit (DIU) and the co-author with Raj Shah of the new book, “Unit X: How the Pentagon and Silicon Valley Are Transforming the Future of War.” They talked about the origins and aims of the Defense Innovation Unit, how the defense bureaucracy fought it, and DIU's successes and failures. They also discussed the pathologies of defense procurement, the relationship between technological innovation and military superiority, and whether the Department of Defense can innovate fast enough to maintain technological and military superiority.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 29, 2020: Jack Goldsmith sat down with Eric Posner, the Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago, and the author of the new book, "The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump." They discussed why demagogues are a characteristic threat in democracies, how the founders of the U.S. Constitution tried to ensure elite control and prevent a demagogue from becoming president, how these safeguards weakened over time and how Donald Trump's demagoguery helped him win election as president. They also explored how Posner's perception of Trump as a threat to American democracy fits with his writings in support of a powerful president.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 14, 2017: At this week's Hoover Book Soiree, Jack Goldsmith interviewed Jameel Jaffer about his new book, The Drone Memos: Targeted Killing, Secrecy, and the Law.It's a wide-ranging discussion about targeted killing and its legality, and of Jaffer's work at the ACLU—where he ran national security litigation until recently—in holding the government to account for its practices. And it includes a fascinating debate between him and Jack about whether, in that role, he won more than he lost or lost more than he won, a debate in which each side takes exactly the opposite view than one might expect.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 3, 2021: In the fourth episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore how and when a president is held to account for wild and sometimes criminal behavior.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government's power, the Equal Protection Clause, or the prohibition on cruel and unusual punishment. They also talked about whether the political process is working with advancing decriminalization and how this impacts the constitutional dimension of the drug war.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith is a professor at Harvard Law School, a former U.S. Assistant Attorney General, and the co-founder of Lawfare, an online national security publication. He joins Preet to discuss oral arguments yesterday before the Supreme Court about whether former President Donald Trump should be immune from criminal prosecution for actions taken while in office.  Plus, Preet answers listener questions about Trump's Manhattan criminal trial. For show notes and a transcript of the episode head to: https://cafe.com/stay-tuned/trumps-scotus-immunity-jack-goldsmith/  Have a question for Preet? Ask @PreetBharara on Threads, or Twitter with the hashtag #AskPreet. Email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail. Stay Tuned with Preet is brought to you by CAFE and the Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Ambassador Robert Lighthizer is the former United States Trade Representative in the Trump administration and the author of the 2023 book, “No Trade Is Free: Changing Course, Taking on China, and Helping America's Workers.” He sat down with Jack Goldsmith to talk about his work as Deputy U.S. Trade Representative under President Reagan, why extreme neoliberal trade policy took hold in the 1990s, his core philosophy on trade and how it departed from the 1990s neoliberal consensus, and the main ways he implemented this view in the Trump administration and with what results. They also discussed the importance of the U.S.-Mexico-Canada Agreement and why it was controversial, the extent to which the Biden administration adopted Lighthizer's views on free trade, and the relationship between national security and trade policy.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate. The Agenda: —Dean of Berkeley Law School and a Palestinian Protest: 1A protection? —How to go about civil disobedience —Reforming the Insurrection Act —The need for bipartisan support in reforming presidential powers —Did Donald Trump abuse the pardon power as president? —Special counsels and the fear of rigging prosecutions Show Notes: —The Logan Act —The American Law Institute —David's Sunday column Learn more about your ad choices. Visit megaphone.fm/adchoices

The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It's been invoked dozens of times by presidents to respond to crises in the over 230 years that it's been around, but it hasn't been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it's finally time to curb the sweeping powers afforded to the executive in this unique federal law.On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes. Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the topic, “Means of Control: How the Hidden Alliance of Tech and Government is Creating a New American Surveillance State.” They discussed how the private broker market works, why the government is able to purchase bulk private data with relatively few legal restrictions, and the threat to privacy and civil liberties that inheres in the practice. They also discussed why this form of data is so important to the government and the prospects for reform of the relatively unregulated practice.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.