Friday, June 4, 2010
Joseph Lavitt (lecturer, University of California, Berkeley - School of Law) has posted Professionalism and Power: Flawed Decision Making by the OLC Exposes a Bar that is Losing its Moxie (California Law Review Circuit, Vol. 1, p. 33, 2010) on SSRN. Here is the abstract:
In recent years, legal scholars and practitioners alike have expressed major misgivings about the advice that the Department of Justice’s Office of Legal Counsel (OLC) provided to former President George W. Bush following the attacks of September 11, 2001. On February 19, 2010, House Judiciary Committee Chairman John Conyers Jr. released internal communications of the Justice Department that uniformly and definitively discredit – in multiple and material aspects – the OLC’s now-infamous August 1, 2002, “torture memoranda”. The debate about what the OLC got wrong is over. It is time to consider what went wrong with the OLC.