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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:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Damages sought, in a defamation suit, by a Chicago landlord from a tenant who complained about mold via Twitter:
The British House of Lords voted to limit the right of parents to spank their children.
The Mall of America hired its first black Santa, a real estate company valued Mr. and Mrs. Claus’s North Pole home at $656,957, and it was reported that the price of the gifts from “Twelve Days of Christmas” went up by more than $200 in 2016, to $34,363.49.
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"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."