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Normally the Justice Department's Office of Legal Counsel must sign off on the legality of a draft executive order before it goes to the president for signature. Not sure how OLC could do that if the envisioned order would conflict with court order.
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OLC chief Steven Engel was involved in writing the order, DOJ says. So not surprising that it is geared at asking a court to change its order -- not just defying it. nytimes.com/2018/06/20/us/politics/family-separation-executive-order.html