Office of Legal Counsel (OLC)
68 Articles
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.
The Binding Interpretation by the Office of Legal Counsel of the Laws Constraining US Engagement with the ICC (Part III)
OLC determined the U.S. may not provide funds to the ICC, but may engage in diplomatic activity related to the ICC and provide assistance.
Could Biden Face Charges? The Alberto Gonzales Precedent Says Not
The Gonzales declination appears to be a precedent that will weigh heavily in favor of DOJ closing its Biden investigation without a charge.
Russia, the Int’l Criminal Court, and the Malign Legacy of the U.S. “War on Terror”
"The risk: An erroneous ruling by the Court would do severe damage to the Georgia and Ukraine investigations and international humanitarian law more generally. The opportunity:…
Time for the Biden Administration to Disavow the Dangerous Soleimani Legal Opinions
The legal opinions' fundamental error: distorting accepted legal framework to fit inapposite facts. Still on the book, the opinions remain a loaded weapon for another president…
The Broader Significance of the Justice Dep’t Opinion on Congress Obtaining Trump Tax Records
Unpacking the Office of Legal Counsel's opinion, how it lines up with past administrations, what it means for future congressional oversight.
Long-Withheld Office of Legal Counsel Records Reveal Agency’s Postwar Influence
The Knight Institute is publishing 14 indexes cataloging the titles of more than a thousand unclassified opinions authored by the OLC between 1945 and 1958.
Stopping Torture: Why Professional Governance Failed, and How It Can Do Better
Professionals -- psychologists, physicians, lawyers -- played key parts in enabling post-9/11 torture programs. Yet professionalism can also constrain state power. Gregg Bloche…
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel
As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
Revisiting the Office of Legal Counsel’s Override Opinion
A critical analysis of 1989 OLC Opinion that would allow President to use force in violation of UN Charter and without Congressional support.