Office of Legal Counsel (OLC)
66 Articles
Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."
Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law
Experts who advised a president on use of force answer a full range of basic questions on the conditions under which action against Iran would be lawful, and what options Congress…
The “Unwilling or Unable” Test for Sending U.S. Military to Los Angeles
"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."
How Trump’s Law Firm Settlements Circumvent Congress and Violate Federal Spending Laws
The Trump administration has operated outside the appropriations process and congressional oversight through its law firm settlements.
U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive
U.S. military action in Mexico would not only be illegal, it would sabotage Trump’s stated immigration policy priorities and could lead to retaliation against Americans.
National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.
Congress Must Heed Koh’s Call to Surface Secret Law
Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…
Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder
Drilling into the foundations of an idea - the 'plain statement rule' - discussed in Supreme Court oral argument on former President Trump's claims to presidential immunity.
Protected Persons and the ‘Geographic Nexus’ Requirement in the DoD Law of War Manual
A critical assessment of how the Department of Defense Law of War Manual narrowly defines "protected persons" under the Geneva Conventions.
Congress Can Curb Abuse of the Presidential Pardon Power
Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.
The Office of Legal Counsel Discloses List of Classified Opinions in Important Step for Transparency
The disclosure of the titles means that journalists, researchers, and others can now request the Office of Legal Counsel opinions themselves, opening important new avenues for…
Inching Toward a More Transparent Office of Legal Counsel
Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.