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.
What's at Stake for Tribes? – The U.S. Department of Justice Office of Legal Counsel Opinion on Internet Gaming, Testimony of Dean Kevin K. Washburn, Oversight Hearing Before the United States Senate Committee on Indian Affairs, 112th Congress, Second Session