Office of Legal Counsel (OLC)
68 Articles
Dispelling the NYT’s “The Daily” Podcast’s Misconceptions about Mueller’s Options
Professor Goodman explodes four common myths about Mueller's options if the special counsel finds the President engaged in criminal activity. Some avenues are closed or risky,…
Senate Should Vote No on ‘Torture Memo’ Author
The Senate’s Commerce, Science and Transportation Committee is expected to vote on the nomination of Steven Bradbury to be general counsel for the Department of Transportation…
Memo to President Obama: You Have Another Memo to Withdraw
The election of Donald Trump has triggered an anxious conversation about how President Obama can entrench some of his accomplishments before January 21, 2017. Importantly, given…
National Security Legal Advice in the New Administration
As the incoming Trump team grapples with the first days of its transition, it should not forget that the most urgent question regarding foreign affairs and national security law…
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
Trump and Torture
Presidential candidate Donald Trump has made headlines with his campaign promise to revive torture as a US government practice. First, with his signature bluster, Trump declared…
Power Wars Symposium: A Study in Contrasting Views of Executive Authority
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
Still Secret: Second Circuit Keeps More Drone Memos From the Public
Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Power Wars Symposium: The Powers Wars Debate and the Question of the Role of the Lawyer in Crisis
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency…
Lawyering in Secret and the Government’s FOIA Bogeyman
Last week, in Washington, the Central Intelligence Agency’s top lawyer aired a pointed complaint — or was it a warning? — that has been bubbling about for some time. At an…
Secret Law Isn’t the Public’s Fault
Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture…