Office of Legal Counsel (OLC)
81 Articles

Shooting Down Civil Aircraft: What International and U.S. Law Say About a Charge in the Raul Castro Indictment
Q&A providing an overview of the legal framework governing shootdowns, including their status under both international and domestic U.S. law

The Presidential Records Act is Constitutional
Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term
Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.

Top Questions the Trump Administration Needs to Answer on War with Iran
What Congress, journalists, and the public should ask the Trump administration about its war in Iran.

The Trump Administration’s Theory of Constitutional War Powers: “The President Could Decide”
The legal memo justifying its Venezuela operations provides insight into the administration's use-of-force decisions and the factual evidence undergirding them.

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 OLC Maduro Memorandum: Assisting in War Sustaining Activities is Not Direct Participation in Hostilities
A troubling OLC memo claims civilians aiding “war-sustaining activities” can be lawfully targeted—an unsupported interpretation that weakens civilian safeguards.

Hypothetical Legal Review of Use of the U.S. Military in Greenland
This hypothetical legal review imagines what a senior judge advocate’s legal analysis would be if ordered to plan a U.S. military operation in Greenland without Denmark's consent.

War Powers, Venezuela, Drug Boats, and Congress
The last year of unauthorized military interventions and the president’s threats should spur Congress to reassert its constitutional prerogatives over the use of force.

Maduro Capture Operation and the President’s Duty to Faithfully Execute U.N. Charter
A decades-old Office of Legal Counsel memorandum claiming the President can disregard the UN Charter does not withstand serious scrutiny.

Hypothetical Legal Review on Judge Advocates Serving as Immigration Judges
A hypothetical legal review examining the OLC's legal basis for having Judge Advocates serve as immigration judges.

From Secret Law (2001-2024) to None at All (2025-present)
The Trump administration's lethal strikes are the apotheosis of the last quarter century's often always secret and often unreviewable executive branch legal reasoning.