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Their hostility towards Sessions may have been misplaced. Rightly or wrongly, the explanations in “Matter of A-B-” were based on judicial decisions that have interpreted such persecution claims. And he probably had little, if anything, to do with writing the decision.
The Justice Department’s Office of Legal Counsel drafts the AG’s legal opinions in addition to reviewing all of the orders and regulations that require his approval.
The Office of Legal Counsel also provides advice to the White House, the Executive Branch agencies, and other Justice Department components on legal issues of particular complexity and importance.
It may be difficult for President Joseph Biden to change the AG asylum decisions without breaking his promise to make the Justice Department independent. In the absence of political pressure from the White House, the Office of Legal Counsel is not likely to reach different conclusions if it revisits those decisions.
ACS Michigan: Weaponizing the Office of Legal Counsel
Join the ACS Michigan Chapter and the Wayne State Levin Center for Research as we welcome Professor Emily Berman to present her award winning paper Weaponizing the Office of Legal Counsel. This law review article examines the role of the Justice Department’s Office of Legal Counsel (OLC) in oversight matters, details how OLC opinions have been used to favor the Executive Branch over Congress in inter-branch oversight disputes, and reviews possible reforms to cure imbalances created by the citation of OLC opinions in court. Professor Berman was the winner of the 2020 Levin Center Award for Excellence in Oversight Research.
Former President Trump has reportedly chosen Mark Meadows, his former chief of staff, and the defense lawyers from his first impeachment case to handle requests for his White House records, according to reports.
Former US President Donald Trump could face serious legal challenges as his return to civilian life strips him of numerous legal protections after his electoral loss and the inauguration of President Joe Biden on Wednesday.
A norm in US law holds that sitting presidents are immune from indictment. The Justice Department’s Office of Legal Counsel (OLC) has regulations that prevent federal law enforcement agencies from indicting the president.
Special Prosecutor Robert Mueller, who investigated Russian interference in the 2016 presidential polls that saw Trump elected, referenced guidance from the OLC to justify not indicting Trump for obstruction of justice while clarifying the decision did not exonerate the president.
In the two years since the U.S. Department of Justice revised its 2011 opinion on the Federal Wire Act in an effort to halt the expansion of online casino gaming, the activity has grown from three states to five with Michigan becoming the sixth state on Friday. On Wednesday, the First Circuit Court of Appeals validated that evolution. The court, in a 49-page opinion, sided with a lower court ruling and the New Hampshire State Lottery arguments that the antiquated 1961 law applies only to interstate sports betting. Gaming law experts said the ruling marked the second time a federal circuit court had agreed the Wire Act only covered information sent across state lines that are used for sports wagers. In 2002, the Fifth Circuit agreed with a lower court’s opinion that funding Internet gaming wasn’t covered in the Wire Act in a case brought by MasterCard. Nevada gaming attorney