Office of Legal Counsel (OLC)

Latest in Office of Legal Counsel (OLC)

Donald Trump

Reading the Office of Legal Counsel on Emoluments: Do Super-Rich Presidents Get a Pass?

I wrote last November that the Foreign Emoluments Clause “is on its face a national security provision designed to protect the country from officers too enmeshed with foreign interests.” If the Justice Department’s recent court filing is to be believed, that protection is exceedingly limited.

Office of Legal Counsel (OLC)

The Law Presidents Make

Our current moment has brought into sharp relief longstanding questions about the role of law in presidential decision-making. I’ve just posted here a paper that explores the structures of executive branch legal review at work in that decision-making process. The standard idea in the scholarship has long been a quasi-judicial Office of Legal Counsel (OLC) dispensing formal, written opinions binding on the executive branch.

Book Reviews

How Anwar al-Awlaki Came to Be Targeted With an Armed Drone

Objective Troy: A Terrorist, a President, and the Rise of the Drone

By Scott Shane

Published by Tim Duggan Books (2015)

Nearly three years ago, testifying before a congressional hearing, I observed that “the [Anwar] Al-Awlaki case will be someday the subject of a truly wonderful book. It’s a very complicated and interesting history.”

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