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Office of Legal Counsel

Office of Legal Counsel

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Search complete. 148 mentions across 98 episodes found for "Office of Legal Counsel".

Sep 13, 2026

Erin RyanHOST
59:17
Cool.
Erin RyanHOST
59:18
In August 2002, the Office of Legal Counsel issued the so-called Yoo memo, drafted mostly by John Yoo.
Erin RyanHOST
59:24
The memo defined torture so narrowly that it reached only pain equivalent to organ failure or death, basically declaring that Article 3 of the Geneva Conventions didn't apply to Americans as long as they were torturing suspected terrorists.
Jane CoastonGUEST
59:37
Secret CIA prisons sprung up, waterboarding, sleep deprivation for days at a stretch, stress positions, confinement in coffin-sized boxes, and rectal feeding administered without medical necessity to prisoners, many of whom weren't actually enemy combatants.
Adam IsacsonGUEST
10:35
But basically it means that if you knew someone who knew someone who is in one of these groups that was just added by the president to the list, then you are an enemy combatant in an undeclared, what do they call it, non-international armed conflict.
Adam IsacsonGUEST
10:52
That's the language they use in the Office of Legal Counsel memo.
Adam IsacsonGUEST
10:55
And therefore, we can kill you as though you are on a battlefield, really based on intelligence that none of us can review.
Mona CharenHOST
11:02
Let's take a minute and talk about quints.

34 MINS LATER

Adam IsacsonGUEST
44:40
That's probably your most likely.
Adam IsacsonGUEST
44:41
And while you're doing this, you're holding hearings.
Adam IsacsonGUEST
44:44
You're holding hearings like crazy to find out, you know, determine whether this actually does count as murder, how it violates U.S. law, all the flaws in the OLC, Office of Legal Counsel opinion.
Adam IsacsonGUEST
44:55
And also you're making that opinion public because you can now do that.
Jane HarmanGUEST
33:38
And, um, and that's what we did.
Jane HarmanGUEST
33:41
And later, uh, John Yoo, who was the head of the Office of Legal Counsel, uh, in the White House, wrote a memo about this, um, saying, um, these techniques were not torture because torture is only organ failure or imminent death.
Jane HarmanGUEST
33:58
And someone else in that office, a guy named Jack Goldsmith, whom I am v- very much still in touch with, who now teaches at Harvard Law School, said that memo was, uh, um, really poor scholarship, and Goldsmith ended up getting fired.
Jane HarmanGUEST
34:13
And I think I've got this right.
Manveen RanaHOST
15:57
Why were these sort of techniques, which you must, you know, you'd imagine would be very controversial, wh- why were they allowed to be used? Why was this branch allowed to operate in this way?
Josie EnsorGUEST
16:08
So after Abu Zubaydah's capture in March of 2002, the CIA actually sought approval for enhanced interrogation methods, and the Bush Justice Department's Office for Legal Counsel at the time formally approved waterboarding and other techniques, and that was on August the 1st.
Josie EnsorGUEST
16:25
And the CIA began using these techniques on Zubaydah just four days later.
Josie EnsorGUEST
16:30
I think we need to remember that the US did sign on to the 1994 UN Convention Against Torture.
Paul EngelHOST
41:46
Well, apparently, DOJ is going back to the original understanding.
Paul EngelHOST
41:52
According to the Office of Legal Counsel, they issued an opinion that said if states do not report illegal immigrants, people unlawfully in the United States, to DHS, they may lose their food stamp funds, the TANF, right, Temporary Assistance for Needy Families.
Paul EngelHOST
42:09
They may lose some of that.
Paul EngelHOST
42:11
They may also lose some of their supplemental security income programs if they don't comply with the government's desire to
Malcolm Out LoudADVERTISER
42:21
know about these people in the country.
Malcolm Out LoudADVERTISER
42:22
Legally.
Paul EngelHOST
42:24
Now, Assistant Attorney General T. Elliot Gazer, he's from the Department of the DOJ's Office of Legal Counsel.
Paul EngelHOST
42:33
He said that Congress wrote through this requirement plainly.
Greg CarrHOST
45:44
Here's another name.
Greg CarrHOST
45:45
Y'all probably remember the Office of Legal Counsel with George W. Bush.
Greg CarrHOST
45:49
An attorney from that office named John, you why? Oh, he was one.
Greg CarrHOST
45:53
He was trying to put on the Supreme Court at one time.
Christopher CaldwellHOST
1:19
But is it unconstitutional? Is it even a crime? With me today is Professor Jack Goldsmith of Harvard Law School.
Christopher CaldwellHOST
1:27
He led the White House Office of Legal Counsel under President George W. Bush.
Christopher CaldwellHOST
1:33
He's also written a number of books about how presidents fight for power with Congress and the courts alike.
Christopher CaldwellHOST
1:45
Jack Goldsmith, welcome to Interesting Times.

26 MINS LATER

Jack GoldsmithGUEST
27:44
It says the president has the power to pardon.
Jack GoldsmithGUEST
27:47
Some people think that a pardon involves a bilateral relationship, and therefore the president can't pardon himself.
Jack GoldsmithGUEST
27:53
Some people think that, as the Office of Legal Counsel once said in the 1970s, no man, and I'm paraphrasing, can be a judge in his own case.
Jack GoldsmithGUEST
28:02
It's not necessarily a constitutional principle, but it makes sense.
Jack RussoHOST
16:12
So what do we go by?
speaker_0HOST
16:13
The only authorities that actually govern this entire concept are two internal memos written by the Justice Department's Office of Legal Counsel or the OLC.
speaker_0HOST
16:23
One is known as the Dixon Memo, drafted during the Nixon era in 1973, and the other is the Moss Memo, written during the Clinton era in 2000.
Jack RussoHOST
16:31
Wait, let me get this straight.

11 MINS LATER

Jack RussoHOST
27:24
But what about just filing the legal paperwork? What about the gavel? Right, the charging part.
Jack RussoHOST
27:28
You mentioned the supremacy clause blocks physical interference.
Jack RussoHOST
27:32
Does it also stop a local district attorney from just quietly convening a grand jury, presenting evidence, and filing an indictment for state-level perjury? Because local DAs definitely do not answer to the DOJ's Office of Legal Counsel or their HR memos.
speaker_0HOST
27:48
This is the state court wrinkle, and it is a legally untested, treacherous minefield.
David SilbermanGUEST
26:40
He'd been a longtime State Department person and was hired.
David SilbermanGUEST
26:44
She advised us that, in her view, she consulted with OLC, the Office of Legal Counsel, advised us that, in her view, the president had the power to appoint an acting director and that Mick Mulvaney was the acting director, and that we, the staff, therefore, accepted that advice and moved forward in that way.
David SilbermanGUEST
27:04
If the general counsel had been a clinical appointee at the moment at which Rick Cordray resigned, that general counsel's term would have also ended.
David SilbermanGUEST
27:12
And we would have had this sort of odd kind of vacuum rather than the continuity of a career person giving advice that everybody was comfortable following and that enabled us to move forward.
Shadd DalesHOST
4:28
They continue to argue that the federal government changed the way it determines whether marijuana has an accepted medical use and that the new standard is legally flawed.
Shadd DalesHOST
4:37
But DOJ's Office of Legal Counsel previously concluded that the DEA's older five-part test was too restrictive, newer approach everyone so when you put this all together everyone the pressure surrounding rescheduling right now is coming from several different directions from one angle you have the dea administrative process from another angle you have multiple federal lawsuits plus you have efforts in congress to stop implementation and now as marijuana moment reports you have a federal appeals court refusing to put the entire process on hold so that does not mean rescheduling is guaranteed though i would highly doubt it's not going to happen however there are still legal and administrative steps that still lie ahead but really when you look at it yesterday's ruling removes one potential roadblock and it allows the trump administration's rescheduling effort to continue moving forward while opponents fight their case in court and with the dea judge now reviewing the final record the next major development could be the recommendation the entire cannabis industry has indeed been waiting for and of Of course they have.
Shadd DalesHOST
5:39
But that roadblock that was announced yesterday, that's massive.
Shadd DalesHOST
5:42
That's huge.

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