Office of Legal Counsel (OLC)

Latest in Office of Legal Counsel (OLC)

Office of Legal Counsel (OLC)

OLC Issues an Opinion About the "Urgent Concern" Determination on the Whistleblower Complaint by the DNI

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.

Office of Legal Counsel (OLC)

OLC Releases Opinion on Executive Branch Counsel for Officials Subject to Congressional Subpoena

The Justice Department disclosed an opinion from the Office of Legal Counsel (OLC) stating that it is unconstitutional for Congress to prohibit executive branch lawyers from accompanying witnesses who are current and former executive branch employees called to testify.

Federal Law Enforcement

Indicting a President Is Not Foreclosed: The Complex History

Can a sitting president be indicted? Often, in answering this question, commentators point to Office of Legal Counsel (OLC) opinions answering in the contrary. To whatever extent the writer agrees or disagrees with the opinions’ conclusion, the government’s position on the matter is usually presented as a long-standing and clear “no.”

The Russia Connection

What Tuesday’s Post Story Reveals About the Absurd OLC Opinions Protecting a President From Indictment—and Mueller’s Reading of his Authority

The Washington Post’s recent report that the president is a subject in the special counsel investigation raises a number of intriguing questions—among them, who leaked information about discussions between Robert Mueller and President Trump’s counsel, and for what reason. As is always the case, the leakers may have had a variety of motivations.

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