March 2, 2009 / by emptywheel


Breaking: Previously Unreleased OLC Opinions Now Released

A bunch of DOD-related OLC opinions just got released (h/t Spencer)

Of note, the one eviscerating the 4th Amendment has been released, and a key one on FISA that I believe Steven Bradbury didn’t include in his FOIA response on opinions relating to FISA.

Consider this a working thread.

January 15, 2009: Steven Bradbury attempts to partially roll back previous bogus claims

It appears that, just before Bush went out and Obama came in, Steven Bradbury attempted to partially roll back the most egregious opinions of the Bush Administration. Make no mistake, though. Much of this represents just a partial roll back. So rather than saying Bush had no business conducting his illegal wiretapping, Bradbury instead refers to the January 2006 DOJ White Paper which claimed (Tom Daschle’s objections notwithstanding) that the AUMF authorized illegal wiretapping. Similarly, while Bradbury admits that Congress has some authority to make law, that’s a limited admission. 

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