Analysis: For decades, the DOJ's Office of Legal Counsel has used its interpretive power as the ultimate judge of what the law is for the executive branch, building over time a whole body of secret law that remains shielded from public view
shielding Donald Trump or officials in his administration from congressional oversight, the Office of Legal Counsel makes law that holds tremendous sway over issues of public concern.
And yet despite the influence of the office’s opinions across the executive branch, or their centrality to many of Trump’s controversies, all the public knows about them is the smattering of decisions that are made public from time to time. The Justice Department claims to have the last word over, subject to a secretive “publication review committee” that calls the shots over what gets published.
According to one former Justice Department official, in 1991, back when Attorney General William Barr first led the Justice Department, the government only published 13 opinions out of an estimated 625 that the Office of Legal Counsel gave to other agencies—a paltry 2 percent that leaves Americans with little understanding of the law that guided the United States’ government at the time.
With this understanding of the law and with an eye toward greater transparency, a group of scholars last weekarguing that Office of Legal Counsel memoranda that are at least 25 years old should be disclosed to the public under the Freedom of Information Act.
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