Office of Legal Counsel (OLC)

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José Basulto, president of the Cuban exile organization Brothers to the Rescue, stands beside a small plane 03 August 2006 in Miami, which was used to assist Cuban rafters fleeing the communist island nation. Basulto, who has been accused of violating Cuban airspace on numerous occasions and is said to have dropped anti-Fidel Castro leaflets over Havana, no longer flies on these missions. On 24 February 1996 Cuban airforce MiGs shot two of the unarmed rescue aircrafts killing its occupants. AFP PHOTO/Roberto SCHMIDT (Photo credit should read ROBERTO SCHMIDT/AFP via Getty Images)

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
A U.S. ​flag flies on the side of the U.S. Department of Justice headquarters building on September 15, 2024, in Washington, DC.

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.
Empty witness table with microphones and nameplate sits in a large hearing room in the Congressional Auditorium at the U.S. Capitol Visitors Center.

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.
Screenshot of Memorandum for Legal Advisor, National Security Council Re: Proposed War Department Operation to Support Law Enforcement Efforts in Venezuela, published December 23, 2025.

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.
Flags of USA and Iran

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…
Screenshot of the OLC Memo

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.
Screenshot of the Hypothetical Legal Review of Use of the U.S. Military in Greenland (Just Security)

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.
US Capitol building at sunset with moon

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.
U.S. Secretary of State Marco Rubio walks down stairs

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.
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