As I suspected, President Obama didn’t go through with issuing a so-called “constitutional signing statement” with respect to the recent legislation placing restrictions on the transfer of detainees out of Guantanamo, through which he would have noted his constitutional objections to the legislation and construed it not to affect his authority to transfer the detainees, […]
Archive | Executive Branch
Fin-uh-lee! An OLC nominee
Yesterday, the White House finally sent to the Senate the long-rumored nomination of Virginia Seitz to be Assistant Attorney General. I’ve discussed the (then-rumored) nomination here. In keeping with tradition, the nomination does not specify that Seitz would be AAG for the Office of Legal Counsel. If I remember correctly, that is because the legislation […]
The President’s Recent Signing Statements
I wasn’t planning on blogging the story in the print edition of today’s New York Times (p. A15), reporting that the President may issue a constitutional signing statement “asserting that [the President] has the constitutional power to disregard . . . restrictions” contained in recently enacted legislation that would restrict his ability to transfer detainees […]
Frustregulation
The 112th Congress will convene on January 5, 2011. During his first two years in office, President Obama was at times frustrated by the slow pace of legislation he favored in Congress, but he ultimately had the necessary Democratic votes if he could muster them. He now faces a solidly Republican House of Representatives, and […]
President to Recess Appoint James Cole as Deputy AG
The President today announced that he would recess appoint James M. Cole as Deputy Attorney General. His nomination has been pending since May–reportedly the longest delay in confirming a DAG nominee in 30 years, but in the context of nominations in the last decade or so (some of which have dragged on for years), an […]
OLC’s “Best Practices” In Giving Legal Advice
In May 2005, Steven G. Bradbury, Principal Deputy Assistant Attorney General for the Office of Legal Counsel, issued a memorandum entitled “Best Practices for OLC Opinions.” At the time, the Office was the subject of controversy because of leaked national security opinions that were prepared during the months following 9/11. Bradbury was (and for the […]
Finally . . . Another Nominee For OLC Chief?
The Wall Street Journal reports that in January, President Obama will nominate DC’s Virginia Seitz to be Assistant Attorney General for the Office of Legal Counsel. OLC hasn’t had a confirmed head since July 2004. NPR reported back on August 4 that Seitz, who is a respected appellate litigator at Sidley Austin, was the front-runner […]
Behind the Scenes of DOJ’s Black Panther Case
On Friday the Washington Post ran an extensive story on the Justice Department’s handling of a voter intimidation case against members of the New Black Panther Party in Philadelphia. Based upon the Post‘s reporting, which seemed quite thorough and balanced, I’ve come to the following conclusions: The original case was small potatoes. The Philadelphia district […]
President Obama’s Second Pocket Veto
In other Executive-Legislative relations news, today the White House announced that President Obama was using the second “pocket veto” of his presidency to disapprove H.R. 3808, the “foreclosure documents” bill. The official name of the bill is, if I am not mistaken, the Interstate Recognition of Notarizations Act of 2010, which has to set a […]
Administration Invokes State Secrets in Targeted Killing Case
The Washington Port reports the Justice Department “reluctantly” invoked the state secrets doctrine in seeking dismissal of a lawsuit challenging the alleged targeting of Anwar al-Aulaqi, a radical Islamic cleric (and U.S. citizen) believed to be in Yemen. Justice Department spokesman Matthew Miller said that the groups are asking “a court to take the unprecedented […]
Goldsmith on Addington
Over at the Lawfare Blog, Jack Goldsmith offers an interesting take on the recent announcement that David Addington has joined the Heritage Foundation as its new Vice President of Domestic and Economic Policy Studies.
Keith Hennessey Explains the White House Policy Process
As a law professor who lives and works in DC, and frequently interacts with folks in various parts of the federal government, I should probably know the bureaucratic structure and process for executive-branch policy making than I do. But I’ve never actually worked in the federal government, and I found this discussion by Keith Hennessey […]
David Barron Leaving OLC
The New York Times reports that David Barron, acting head of the Justice Department’s Office of Legal Counsel, will step down next month to return to Harvard Law School. Deputy Assistant Attorney General Jonathan Cedarbaum will replace him. Of note, OLC has not had a Senate-confirmed head in six years. More at Main Justice.
My own Kagan experience
By Sasha Volokh on May 11, 2010 4:43 pm in Executive Branch, Federalist Society, Guns, Judicial Nominations, Kagan Nomination, Law Schools, Supreme Court
Elie Mystal, who graduated from law school at the same time as I did, has bad memories of Elena Kagan from when he had her for Civ Pro as a 1L. [UPDATE: Read The Whole Thing, the commenters remind me to say.] For what it’s worth, here are my own impressions of Elena Kagan: I […]
Add Bad Ethics to the Problems of “Don’t Ask, Don’t Tell”?
By Dale Carpenter on April 6, 2010 5:29 pm in Afghanistan, Don't Tell (DADT), Executive Branch, Military, Sexual Orientation
My colleague Richard Painter, former chief ethics counsel to President Bush, thinks so because it “institutionalizes dishonesty.” Last fall, he sent a letter outlining his concerns to President Obama, whose administration has been lumbering toward pushing for a congressional repeal. “It is the only instance I know of,” writes Painter, “in which an employee of the United States government […]