Charlie Savage’s avatarCharlie Savage’s Twitter Archive—№ 12,397

                  1. The @knightcolumbia First Amendment Institute has a FOIA coup: liberating historic Office of Legal Counsel opinions, based on legal change that ended deliberative process exemption for stuff that is >25 years old. 1st tranche: 96 opinions from 1974. 1/? knightcolumbia.org/content/knight-institute-publishes-96-nixon-era-office-of-legal-counsel-opinions
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                1. …in reply to @charlie_savage
                  Here's a cover letter showing how long the absence of straightforward legal authority to investigate domestic terrorism, per se, has raised a dilemma. 2/?knightcolumbia.org/documents/c2d5dd6518/20200428_Adequacy-of-Authority-to-Investigate-Domestic-Terrorism.pdf
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              1. …in reply to @charlie_savage
                In 1974, the executive branch believed it was lawful to wiretap an American citizen abroad without a warrant, but recognized there were a lot of murky issues with asking a foreign government to surveil an American on its soil. knightcolumbia.org/documents/18be3794bc/20200428_Wiretapping-of-U-S-citizens-abroad-for-governmental-purposes-.pdf 3/?
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            1. …in reply to @charlie_savage
              On the eve of the scandals that led to the Church Committee, DOJ privately acknowledged to itself that it had no idea what kind of warrantless surveillance other agencies (e.g. CIA) were doing on US soil, contrary to an executive order. 4/? knightcolumbia.org/documents/8673f70da1/20200428_Wiretap-Authority-for-Non-Department-of-Justice-Agencies.pdf
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          1. …in reply to @charlie_savage
            A decade before Iran-Contra, when Reagan legal team argued that a ban on sending support to the contras didn't/couldn't apply to the White House, Nixon OLC reached opposite conclusion about a legal limit on sending military assistance abroad. 5/? knightcolumbia.org/documents/17f780e437/20200428_The-applicability-of-22-U-S-C-2321b-a--to-the-President.pdf
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        1. …in reply to @charlie_savage
          Here's Antonin Scalia, the future Supreme Court justice, saying the president and vice president are not bound by executive branch ethics rules regarding financial disclosures and conflicts of interest, an issue that has returned in the Trump era. 6/?knightcolumbia.org/documents/bf9235ac81/20200428_Applicability-of-3-C-F-R-Part-100-to-the-President-and-Vice-President-.pdf
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      1. …in reply to @charlie_savage
        Here's Scalia calling to set up a court test on whether presidents may "pocket veto" bills (no override opportunity for Congress) when lawmakers go on a vacation without formally adjourning - a parallel to the more recent recess appointment fight. 7/?knightcolumbia.org/documents/d9904d537a/20200428_Pocket-Veto.pdf
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    1. …in reply to @charlie_savage
      Scalia opining that Ford could lawfully control how the SBA made loans to mushroom growers, which is kinda funny but also foreshadows the later development of the Unitary Executive Theory, which Scalia alone would vote for in 1988's Morrison v Olson. 8/8! knightcolumbia.org/documents/86ae71a126/20200428_SBA-loans-to-mushroom-growers-and-processors-.pdf
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  1. …in reply to @charlie_savage
    Anyway here's the database of newly available 1974 opinions. knightcolumbia.org/reading-room/olc-opinions
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