OLC

April 24, 2009

Lithwick, Maddow Discuss Johnsen's Nomination to OLC

Recently on the Rachel Maddow show, Slate's Dahlia Lithwick weighed in on the issues being raised by those obstructing Dawn Johnsen's nomination to lead the DOJ's Office of Legal Counsel.

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Executive power, Reproductive freedom, Women's rights, Equality and Liberty, Separation of Powers and Federalism, Dawn Johnsen, OLC, Torture

April 23, 2009

The Lighter Side of Torture?

Jon Stewart assessed the Bush Justice Department's torture memos recently released by the Obama administration. Stewart's wry look at the extremely controversial interrogation tactics may be worth a view.

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Access to Justice, Executive power, Prison policy/incarceration, Rights of detainees, Criminal Justice, Separation of Powers and Federalism, Jon Stewart, OLC, Torture

April 22, 2009

Three Takes on OLC Torture Memos

Guest Post

By Peter M. Shane, currently Jacob E. Davis and Jacob E. Davis II Chair in Law, Ohio State University. Professor Shane served as Attorney-Adviser in the Department of Justice's Office of Legal Counsel from 1978 to 1981.

Take One

Let's do a thought experiment. Imagine an adversary of the United States has captured one of our soldiers. Imagine that our enemy keeps this soldier awake for over 48 hours "standing and ... handcuffed, [with] the handcuffs ... attached by a length of chain to the ceiling. The detainee's hands are shackled in front of his body, so that the detainee has approximately a two- to three-foot diameter of movement. The detainee's feet are shackled to a bolt in the floor."

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Separation of powers, Constitutional Interpretation and Change, Detainees, Guest Post, OLC, Torture

April 16, 2009

DOJ Releases Bush Memos on CIA Tactics; Issues Statement on CIA Officers Involved In Controversial Interrogations

The Justice Department today released memos from the Bush administration detailing harsh interrogation methods used by CIA officers on terrorism suspects. The DOJ said in a statement that it was releasing the previously undisclosed Office of Legal Counsel (OLC) opinions, one issued to the CIA in 2002 and three to the CIA in 2005.

Attorney General Eric Holder said, "The President has halted use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law."

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Executive power, Technology and I.P., Electronic privacy, Criminal Justice, Separation of Powers and Federalism, Eric Holder, OLC, Torture

April 14, 2009

Prof. Kmiec Challenges Opposition to OLC Nominee Dawn Johnsen

Douglas W. Kmiec, a law professor at Pepperdine University and former head of the Office of Legal Counsel (OLC) under Presidents Ronald Reagan and George H.W. Bush, says opposition to President Obama’s nominee to head the OLC is unjustified.

In an article, “Let Dawn Do It,” for Legal Times, Kmiec writes that Dawn Johnsen, an Indiana University law professor and former OLC deputy has “a uniquely well-informed understanding of the OLC’s role as honest broker.” The OLC, as Kmiec writes, is a “vital internal check upon executive overreaching,” by providing sound legal advice on policy.

Johnsen, a former member of the ACS Board of Directors and frequent critic of some of the legal advice that the OLC offered President George W. Bush, should be confirmed by the Senate, Kmiec maintains. He writes:

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Executive power, Separation of Powers and Federalism, Dawn Johnsen, Executive Power, OLC

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Lithwick, Maddow Discuss Johnsen's Nomination to OLC

The Lighter Side of Torture?

Three Takes on OLC Torture Memos

DOJ Releases Bush Memos on CIA Tactics; Issues Statement on CIA Officers Involved In Controversial Interrogations

Prof. Kmiec Challenges Opposition to OLC Nominee Dawn Johnsen

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OLC

Lithwick, Maddow Discuss Johnsen's Nomination to OLC

The Lighter Side of Torture?

Three Takes on OLC Torture Memos

DOJ Releases Bush Memos on CIA Tactics; Issues Statement on CIA Officers Involved In Controversial Interrogations

Prof. Kmiec Challenges Opposition to OLC Nominee Dawn Johnsen