Office of Legal Counsel (OLC)

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.

President Trump announced in the Rose Garden on Feb. 15 that he is declaring a national emergency on the southern border, with the goal of obtaining an extra $6.5 billion to build a border wall.

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 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.