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The Office of Legal Counsel (OLC) is an office in the United States Departmt of Justice that assists the Attorney Geral's position as legal adviser to the Presidt and all executive branch agcies. It drafts legal opinions of the Attorney Geral and provides its own writt opinions and other advice in response to requests from the Counsel to the Presidt, the various agcies of the Executive Branch, and other componts of the Departmt of Justice. The Office reviews and commts on the constitutionality of pding legislation. The office reviews any executive orders and substantive proclamations for legality if the Presidt proposes them. All proposed orders of the Attorney Geral and regulations that require the Attorney Geral's approval are reviewed. It also performs a variety of special assignmts referred by the Attorney Geral or the Deputy Attorney Geral.
The Office of Legal Counsel was created in 1934 by an act of US Congress, as part of a larger reorganization of executive branch administrative agcies. It was first headed by an assistant solicitor geral. In 1951, Attorney Geral J. Howard McGrath made it a division led by an assistant attorney, and named it the Executive Adjudications Division. This name was changed to Office of Legal Counsel in an administrative order by Attorney Geral Herbert Brownell Jr., issued April 3, 1953.
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The Office of Legal Counsel (OLC) assists the Attorney Geral of the United States in their function as legal adviser to the Presidt and all the executive branch agcies, hce the appellation the presidt's law firm.
OLC drafts legal opinions of the Attorney Geral and also provides its own writt opinions and oral advice in response to requests from the Counsel to the Presidt, the various agcies of the executive branch, and offices within the Departmt of Justice. Such requests typically deal with legal issues of particular complexity and importance or about which two or more agcies are in disagreemt. The Office also is responsible for providing legal advice to the executive branch on all constitutional questions and reviewing pding legislation for constitutionality.
Usually all executive orders and proclamations proposed to be issued by the Presidt are reviewed by OLC for form and legality, as are various other matters that require the Presidt's formal approval. In addition to serving as, in effect, outside counsel for the other agcies of the executive branch, OLC also functions as geral counsel for the Departmt of Justice itself. It reviews all proposed orders of the Attorney Geral and all regulations requiring the Attorney Geral's approval.
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According to press accounts, OLC has historically acted as a referee within the executive branch and its legal opinions have gerally be giv deferce among the agcies and departmts.
The Brnan Cter for Justice described opinions of the Office of Legal Counsel as authoritative legal interpretations that have the same legal force as the statutes they interpreted.
During Presidt George W. Bush's first term in office, OLC Deputy Assistant Attorney Geral John Yoo drafted, and Assistant Attorney Geral Jay S. Bybee signed, a set of legal memoranda that became known as the torture memos. These memos advised the CIA and the Departmt of Defse that the Presidt may lawfully authorize the torture of detainees (euphemistically referred to as hanced interrogation techniques), including beating, binding in contorted stress positions, hooding, subjection to deafing noise, sleep disruption,
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Sleep deprivation to the point of hallucination, deprivation of food, drink, and withholding medical care for wounds, as well as waterboarding, walling, sexual humiliation, subjection to extreme heat or extreme cold, and confinemt in small, coffin-like boxes.
The Justice Departmt's Office of Professional Responsibility (OPR) later concluded that Yoo committed inttional professional misconduct in advising the CIA that it could torture detainees
And that by signing Yoo's memorandum, Bybee had acted in reckless disregard of his obligation to provide thorough, objective, and candid legal advice.
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In May 2005, during Presidt George W. Bush's second term, a set of similar torture memos were approved by Stev G. Bradbury, who served as acting head of OLC from February 2005 through the remainder of Presidt Bush's second term. Bradbury was first officially nominated on June 23, 2005, and th repeatedly re-nominated because of Sate inaction.
His position became a point of political friction betwe the Republican presidt and the Democratic-controlled 110th Congress, wh Democrats contded that Bradbury was in the position illegally, while Republicans argued that Democrats were using his nomination to score political points.
An opinion issued by the Governmt Accountability Office concluded that his status was not a violation of the Federal Vacancies Reform Act of 1998.
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In the first two years of the Obama Administration, OLC at least twice reached an outcome with which Administration officials disagreed. In June 2011, New York Times reporter Charlie Savage revealed that Presidt Obama took the unusual step of overruling the Office of Legal Counsel's advice with respect to the legality of military action in Libya. OLC's writt opinions have historically be considered binding on the executive branch, unless they are overturned by the Attorney Geral or Presidt.
In 2009, Attorney Geral Eric Holder overturned an unpublished OLC opinion that had concluded that a D.C. voting rights bill pding in Congress was unconstitutional.
Early in the Trump administration, OLC approved Executive Order 13769 (referred to as the travel ban because it restricted try from certain foreign countries which had Muslim-majority populations). Days later, Acting Attorney Geral Sally Yates announced that the Departmt of Justice would not defd the Order in court.
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Explaining her decision, Yates stated that OLC's review assessed only whether a proposed Executive Order is lawful on its face and properly drafted, not outside evidce about the order's purposes or whether the policy of the order is wise or just.
In a United States Sate hearing, Yates was asked whether she was aware of any past instance of an attorney geral rejecting an executive order that had be approved by OLC. Yates testified that she was not aware of that ever happing, but that she was also not aware of a situation in which OLC failed to tell the attorney geral about an executive order before it was issued.
In March 2019, the Mueller investigation delivered its final report to Attorney Geral Bill Barr. Ev before reading the report, Barr had already made the decision to clear Trump of obstruction of justice. Upon receiving the report, Barr tasked the OLC with preparing a memorandum that would pretextually justify Barr's decision, instead of providing candid counsel.
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The D.C. Circuit held that the memo was not shielded from disclosure by the deliberative process privilege, because th-Attorney Geral Barr had already determined, by the time the memo was writt, that DOJ would not charge Trump with a crime, making the memo akin to a thought experimt.
In an October 2019 letter, 67 inspectors geral from the Council of the Inspectors Geral on Integrity and Efficicy sharply criticized the Justice Departmt's decision to withhold the complaint from Congress, describing the memo as having a chilling effect on effective oversight and being wrong as a matter of law and policy. The inspectors geral recommded the OLC memo be withdrawn or amded because it effectively overruled the determination by the ICIG regarding an 'urgt concern' complaint that the ICIG concluded was credible and therefore needed to be transmitted to Congress.
Later appointed to the United States Court of Appeals for the District of Columbia Circuit and served as United States Ambassador to Uruguay.
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First term as Acting AAG; also nominated to the role under Presidt Obama but the Sate neglected to take up the nomination
Served as acting AAG from 1998 to 2000; nominated November 9, 1999; recess-appointed August 3, 2000; confirmed by United States Sate December 15, 2000; appointed to the United States District Court for the District of Columbia in 2014.
In charge wh the OLC issued the Bybee memo and other Torture memos; appointed to the United States Court of Appeals for the Ninth Circuit in March 2003.
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Served as acting AAG 2005–2007 (nominated June 23, 2005; nomination approved by Sate Judiciary Committee but never voted on by full Sate), continued to function as sior appointed official in charge of OLC until January 20, 2009.
Professor at Harvard Law School and served as Acting AAG from January 2009 to July 2010; appointed to the United States Court of Appeals for the First Circuit in 2014.
Served as acting AAG, July–November 2010; continued to function as sior appointed official in charge of OLC until the d of January 2011.Attorney General of the United States on March 11, 2021. As the nation’s chief law enforcement officer, Attorney General Garland leads the Department’s 115, 000 employees, who work across the United States and in more than 50 countries worldwide. Under his leadership, the Department of is dedicated to upholding the rule of law, keeping our country safe, and protecting the civil rights of all Americans.
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Immediately preceding his confirmation as Attorney General, Attorney General
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