The New York Times recently unearthed a thorough legal memo, prepared twenty years ago for Independent Counsel Kenneth Starr, that advances the view that a sitting president can be indic
Latest in Office of Legal Counsel (OLC)
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.
The press reports that the White House has suffered from “mass hysteria” over the Special Counsel investigation and the president’s responses to it. Our most senior government officials, including our vice president, are hiring lawyers.
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.
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.”