Office of Legal Counsel (OLC)
68 Articles

DOJ OLC Targeted Killing Memo Released
This morning the 2nd Circuit published a redacted version of the long-sought Department of Justice OLC memo that authorized the killing of U.S. citizen, Anwar al-Awlaki. We’ve…

Backgrounder for Release of OLC’s Targeted Killing Memo
As Jameel discussed in an important post—“The Drone Memo Cometh”—the Second Circuit appears poised to publish the Office of Legal Counsel’s memorandum on the targeted…

The Drone Memo Cometh
“Severe Clear,” a project by artist David Birkin. Skywriting appears over New York City in a celestial “Glomar” response. For more, see Birkin’s post here. In…

Interpretation and Retaliation in the Obama Administration
Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement…

David Barron and the OTHER missing memos
David Barron was just confirmed to the First Circuit. To secure that vote, the Administration announced it would not appeal the Second Circuit’s order to turn over a redacted…

Why Civil Libertarians and Drone Critics Should Support David Barron
Sen. Rand Paul has an op-ed in the New York Times today opposing the nomination of David J. Barron to the U.S. Court of Appeals for the First Circuit until the memos Barron wrote…

Second Circuit Orders Release of Redacted OLC Aulaqi Memo
A big morning for courts and national security… next up is this immensely significant decision from the Second Circuit in New York Times v. Department of Justice, which,…

Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…