Wednesday, December 27, 2017
Since taking over the DOJ, Sessions has disapproved of using guideline protocols to drive policy. In a November memo [text, PDF], Sessions stated that:
the Department has in the past published guidance documents—or similar instruments of future effect by other names, such as letters to regulated entities—that effectively bind private parties without undergoing the rulemaking process. The Department will no longer engage in this practice. Effective immediately, Department components may not issue guidance documents that purport to create rights or obligations binding on persons or entities . . .