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In 2004, a group of prominent alumni of the Justice Department’s once-prestigious Office of Legal Counsel, shaken by disclosure of the torture memoranda and other evidence of unethical conduct within the office, signed a statement of principles to guide the Justice Department’s opinion writers. “When providing legal advice to guide contemplated executive branch action, OLC should provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies,” they wrote. “The advocacy model of lawyering, in which lawyers craft merely plausible legal arguments to support their clients’ desired actions, inadequately promotes the President’ s constitutional obligation to ensure the legality of executive action.” Have the new tenants at Justice lived up to these principles? Not so much. Thursday night the Justice Department released the first really important national security opinion of the Obama presidency. Did Barack Obama have constitutional authority to commit military forces to the implementation of Security Council Resolution 1973 without congressional approval? Back in 2007, Barack Obama said unequivocally that the answer to that question was “no” unless there was an imminent threat to the country. But in April 2011, the Obama Justice Department answers the question in the affirmative. I take a deeper look at Justice’s dodgy Libya opinion in this feature for Foreign Policy.
More from Scott Horton:
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
No Comment — March 28, 2014, 12:32 pm
On CIA secrecy, torture, and war-making powers
Chances that an applicant to a U.S. police force in 1992 was found to be “overly aggressive” on psychological tests:
Engineers funded by the United States military were working on electrical brain implants that will enable the creation of remote-controlled sharks.
Malaysian police were seeking fifteen people who appeared in an online video of the Malaysia-International Nude Sports Games 2014 Extravaganza, and Spanish police fined six Swiss tourists conducting an orgy in the back of a moving van for not wearing their seatbelts.
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“I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.”