Executive Power
The New Eviction Moratorium Didn't Result From a Screw-Up
Neil Eggleston Wed, Aug 18, 2021, 1:01 PM
A response to Jack Goldsmith.
Latest in Office of Legal Counsel (OLC)
Podcasts
The National Security Law Podcast: Pearls Are in the Eye of the Beholder
Robert Chesney, Steve Vladeck Thu, Aug 12, 2021, 4:48 PM
It’s been a long summer break for the podcast, but we’re back! Tune in today as Professors Chesney and Vladeck discuss and debate:
Office of Legal Counsel (OLC)
OLC Clears Way for Treasury to Release Trump’s Tax Returns
Ajay Sarma Fri, Jul 30, 2021, 2:04 PM
The Office of Legal Counsel, contrary to the Trump Justice Department’s assertions, decided on Friday that the Treasury is obligated to provide Congress with the former president’s tax returns.
Executive Power
Justice Department Releases OLC Memo on Soleimani Strike
Scott R. Anderson Mon, Jul 19, 2021, 11:35 AM
The memo provides the legal rationale behind the controversial January 2, 2020, drone strike that killed Major General Qassem Soleimani of Iran’s Islamic Revolutionary Guard Corps and several leaders of the militia Kata’ib Hezbollah while in Baghdad, Iraq.
Podcasts
The National Security Law Podcast: This Podcast Is Not a State Actor
Robert Chesney, Steve Vladeck Tue, Jul 13, 2021, 4:24 PM
We’re back with another round of discussion and debate featuring co-hosts Steve Vladeck and Bobby Chesney, working through the latest national security law developments. Tune in for:
Department of Justice
Justice Department Releases Redacted Memo on Volume II of the Mueller Report
Bryce Klehm Wed, May 26, 2021, 1:33 PM
On May 25, the Justice Department released a redacted version of a 2019 memo that, according to the department, advised Attorney General William Barr on how to handle the Mueller report’s descriptions of possible obstruction of justice offenses committed by then-President Trump.
Book Reviews
The Originalist Presidency in Practice?
Shalev Roisman Tue, Jan 12, 2021, 2:01 PM
A review of Saikrishna Bangalore Prakash's "The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers" (Harvard University Press 2020)
Office of Legal Counsel (OLC)
OLC Releases Opinions on the President’s Obligations Related to NAFTA and the Open Skies Treaty
Bryce Klehm Wed, Dec 23, 2020, 12:54 PM
The Justice Department’s Office of Legal Counsel released two opinions concerning foreign relations law.
Office of Legal Counsel (OLC)
OLC on Presidential Power, According to Trump’s Impeachment Defense
Charlotte Butash, Hilary Hurd Tue, Feb 11, 2020, 8:00 AM
How did the Trump impeachment defense team deploy OLC memos to defend the president?
Office of Legal Counsel (OLC)
OLC Issues an Opinion About the "Urgent Concern" Determination on the Whistleblower Complaint by the DNI
Jacob Schulz Wed, Sep 25, 2019, 11:41 AM
The Office of Legal Counsel released an opinion detailing the legal rationale for their determination that "the complaint submitted to the ICIG does not involve an 'urgent concern'" and that the DNI thus has no statutory obligation to give the complaint to the congressional intelligence committees. The memo can be found here.