Stare Decisis in the Office of Legal Counsel

2010 ◽  
Author(s):  
Trevor W. Morrison
Keyword(s):  
Legal Counsel ◽  
Stare Decisis ◽  
Office Of Legal Counsel

The Second Opinion of the Office of Legal Counsel October 16, 2000

2021 ◽  
pp. 97-124
Author(s):  
H. Lowell Brown
Keyword(s):  
Second Opinion ◽  
Legal Counsel ◽  
Office Of Legal Counsel

The Nixon Era and the 1973 Office of Legal Counsel Memorandum

2021 ◽  
pp. 25-66
Author(s):  
H. Lowell Brown
Keyword(s):  
Legal Counsel ◽  
Office Of Legal Counsel

POW Treatment and Lawyers

2017 ◽  
pp. 85-116
Author(s):  
Elizabeth Grimm Arsenault
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
Bush Administration ◽  
Executive Branch ◽  
Political Authority ◽  
Decision Makers ◽  
Primary Control ◽  
Legal Counsel ◽  
Department Of Justice ◽  
Office Of Legal Counsel

Following the attacks of 9/11, the normative challenges put forth by the lawyers inside the Bush administration consisted of two main arguments: that international law should play less of a role in dictating U.S. policy, and that the executive branch has primary control over setting U.S. foreign policy. The decisions on detainee treatment would not have occurred without the justification provided by the lawyers in the executive branch. Despite their lack of political authority, these men wielded formidable intellects, access to key decision-makers, and positions of influence within key offices such as the Office of Legal Counsel in the Department of Justice to fundamentally shape U.S. detainee policy in the GWOT.

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