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The Latest Breaking News from OLC

Is the Presidential Records Act Unconstitutional? DOJ Office Memo Overturned

The federal judge's latest order to senior White House staff has directly challenged a Justice Department opinion that branded the statute unconstitutional.

International Business Times UK

Who Owns The President's Papers?

Yes, there is a Domestic Emoluments Clause issue.

Reason

New in Civitas Outlook: Trump Refights the "War" That Congress and the Burger Court "Waged" Against President Nixon's Tapes

"OLC's opinion will frustrate, rather than extend, the dangerous cycle of presidential lawfare."

Reason

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read the most diverse news in one place.

A justice department opinion arguing the Presidential Records Act is unconstitutional could revert the nation to a time when presidents freely burned their papers

Prior to 1978, U.S. presidents could do what they pleased with the records from their time in office. They owned them.

The Conversation

My Interview with Peter Canellos, Author Of "Sam Alito and the Triumph of the Conservative Legal Movement"

Eleven questions on YLS, SG, OLC, DNJ, CA3, GWB, and SCOTUS.

Reason

"Law Is Irrelevant to the U.S. Attack on Iran," by Prof. Jack Goldsmith (Harvard)

"And Congress is on the hook as much as the president."

Reason

DoJ deemed it ‘unnecessary’ to conclude whether seizing Maduro violated international law, memo reveals

Memo on US military raid to capture Venezuela’s president effectively argued that presidents can blow through UN charter

The Guardian - US

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Remember Noriega?

Why Maduro's Prosecution Can Continue Even if the US Violated International Law

Reason

Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1945 to 1969

Almost every president since 1945 has refused to accept Humphrey's Executor as having been correctly decided.

Reason

Congressional Acquiescence Facilitates Executive Branch Military Adventurism

Here as elsewhere, lethargy in the legislature is no way to counter execss energy in the executive.

Reason

Survivors Describe Chaos As Deadly US Strike Obliterates Boat Going Nowhere Near America

Classified footage shown to US lawmakers appears to show survivors clinging to wreckage before a follow-on US strike in the Caribbean, prompting demands for the OLC memo, Pentagon records and independent probes.

International Business Times UK

Trump officials say second strike aimed to destroy suspected drug boat instead of crew

Officials hew closely to secret memo which gives legal cover to firing on boats even if it would kill people on board

The Guardian - US

US justice department memo about boat strikes diverges from Trump narrative

Exclusive: Officials frame strikes as self-defense against violence, without naming aggressor, while Trump claims they are to stop US overdose deaths

The Guardian - US

Trump gets the OK to end protections for national monuments, from the Statue of Liberty to the Grand Canyon

President has taken steps to shrink monuments in the past, including Utah’s Bears Ears

The Independent UK

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Reason

The Foreign Emoluments Clause, A Qatari Jet, and Honorary Irish Citizenship

More than 100 days into the new administration, the Foreign Emoluments Clause returns to the fore.

Salon

Behind Trump's autopen conspiracy theory

The right's newest conspiracy theory is all about Trump's unending desire to relitigate past losses

Reason

DOGE Can't Slash Government Without Congress

The federal leviathan can’t be dismantled by executive action alone. To truly cut spending and rein in the bureaucracy, the administration needs buy-in from the branch that built it.

Reason

Biden Office of Legal Counsel Departs From Obama-Era opinions, and Reverts to Reagan-Era Opinions, on the Difference Between "Officer of the United States" and "Office under the United States."

We think OLC paid close attention to the Section 3 litigation, and did not want to be left defending a position that might be rejected by the Supreme Court

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news in one place.

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Reason

Justice Department's Office of Legal Counsel Concludes: Constitution Prohibits Continued Federal Prosecution of President-Elect

From Special Counsel Jack Smith's filing in U.S. v. Trump: It has long been the position of the Department of… The post Justice Department's Office of Legal Counsel Concludes: Constitution Prohibits Continued Federal Prosecution of President-Elect appeared first on Reason.com.

Roll Call

Special counsel seeks dismissal of criminal cases against Trump - Roll Call

Special counsel John L. “Jack” Smith sought Monday to dismiss the two federal criminal cases against Donald Trump.

The Guardian - US

Trump ducked criminal charges – right into the most powerful office in the world

In evading legal consequences for his actions, Trump was handed a chillingly simple strategy: just run for president again

The Guardian - AU

Conspiracists and people linked to anti-lockdown campaigner among 120 ‘fringe’ candidates in NSW council elections

Exclusive: Libertarian MP John Ruddick says ‘the gods have smiled on us’ after a Liberal party bungle opened the door for others seeking council seats

Reason

The Evidence Suggests the DEA Still Has Not Come Around on Rescheduling Marijuana

It looks like Attorney General Merrick Garland overrode the agency's recalcitrant drug warriors in deciding to reclassify the drug.

The Guardian - AU

Three Sydney councillors who voted for a same-sex book ban were from one party. What’s behind it?

The Our Local Community party has members on a number of councils and claims to ‘provide an active voice in addressing various social issues’

Reason

Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation

Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.

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