Office of Legal Counsel (OLC)
62 Articles
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.
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…