Office of Legal Counsel

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The Office of Legal Counsel is an American government legal office in the U.S. Department of Justice.

Contents

The Office of Legal Counsel assists the Attorney General in his function as legal advisor to the President and all the executive branch agencies. The Office drafts legal opinions of the Attorney General and also provides its own written opinions and oral advice in response to requests from the Counsel to the President, the various agencies of the executive branch, and offices within the Department of Justice. Such requests typically deal with legal issues of particular complexity and importance or about which two or more agencies are in disagreement. The Office also is responsible for providing legal advice to the executive branch on all constitutional questions and reviewing pending legislation for constitutionality.

  • Timothy Flannigan (1992?)
  • Beth Nolan nominated, but left to become White House Counsel before Confirmed
  • Dawn Johnsen Served as Acting AAG from 1996-1998
  • Randolph D. Moss
  • John F. Manning
  • Daniel Levin?
  • Steven G. Bradbury Acting Assistant A.G. was formally nominated to the position by President Bush on January 9, 2007:

http://www.whitehouse.gov/news/releases/2007/01/20070109-5.html

According to Newsweek magazine, the OLC "is the most important government office you've never heard of. Among its bosses -- before they went on the Supreme Court -- were William Rehnquist and Antonin Scalia. Within the executive branch, including the Pentagon and CIA, the OLC acts as a kind of mini Supreme Court. Its carefully worded opinions are regarded as binding precedent -- final say on what the president and all his agencies can and cannot legally do." ("Palace Revolt" by Daniel Klaidman, Stuart Taylor Jr. and Evan Thomas. Newsweek, February 6, 2006, Pg. 34)

All executive orders and proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President's formal approval.

In addition to serving as, in effect, outside counsel for the other agencies of the executive branch, the Office of Legal Counsel also functions as general counsel for the Department of Justice itself. It reviews all proposed orders of the Attorney General and all regulations requiring the Attorney General's approval.

The Office is currently run by Steven G. Bradbury, who is not yet fully confirmed for the position and is therefore the Acting Assistant Attorney General for the Office of Legal Counsel.

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