Jack Goldsmith: Assessing the Rule of Law in the Trump Presidency

Conversations with Bill Kristol

How well have political and legal norms held up in our politics during the Trump presidency? In November 2017, Jack Goldsmith, a professor of Law at Harvard and a former Assistant Attorney General in the Office of Legal Counsel, shared his assessment of the early days of the Trump presidency. Now, as we head to the end of 2020, Goldsmith re-joins us to consider where things stand today. Goldsmith argues that American institutions and legal norms have retained some resilience over the course of Trump’s presidency. However, he analyzes how checks and constraints on norm-violating or corrupt behavior have weakened in many areas over the last three years. Drawing on his recent book (coauthored with Bob Bauer), After Trump: Reconstructing the Presidency, Goldsmith explains how future congresses should consider legislative remedies to restore norms in politics. But the heart of the matter, Goldsmith contends, is that the potential for a restoration of norms in our politics principally depends on whether future presidents will make adherence to norms a priority.