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Do you have a source for that claim? Because everything I read indicates that there was little to no legal review of the executive order. In fact, given that th

by Certhas 10y ago

Do you have a source for that claim? Because everything I read indicates that there was little to no legal review of the executive order. In fact, given that the Attorney General would sign of that review (my understanding at least), it seems extremely unlikely that there was one.

refurb 10y ago
From the analyses i've read, it's inferred from this part of Yates' statement. She called out her role as different to explain why she doesn't agree with the OLC that it's legal. My role is different from that of the Office of Legal Counsel (OLC), which, through administrations of both parties, has reviewed Executive Orders for form and legality before they are issued. OLC’s review is limited to the narrow question of whether, in OLC’s view, a proposed Executive Order is lawful on its face and properly drafted.
- Certhas 10y ago
  Right, so if I (and many reporters with much experience covering executive orders) read this correctly it was not vetted by the DOJ. It had the correct "formatting" of an executive order, but no check was performed by the OLC on whether it violates standing law. I mean the DHS and other involved departments were also not consulted, so the idea that the DOJ got to weigh in on the legality is pretty strange/implausble.
  - refurb 10y ago
    Really? I read that as "in case you're wondering why I'm opposing it and the OLC didn't, this is..."
    - Certhas 10y ago
      I guess it hinges on the scope of the "form and legality" review. There is an obvious conflict with the law that bans immigration rules based on country of origin. Did the OLC weigh that (or even constitutionality)? Or merely whether the preceding law that Trump's order cites, authorizes him to give the executive order? I assumed the latter. We'll soon see how the legality of the order plays out in the courts anyway. https://www.nytimes.com/2017/01/27/opinion/trumps-immigration-ban-is-illegal.html https://www.nytimes.com/2017/01/27/opinion/trumps-immigratio... Edit: Either way, my original blanket assumption that it had just not been looked at by the DOJ at all is clearly false as the OLC is a part of the DOJ.

by Certhas 10y ago

refurb 10y ago

From the analyses i've read, it's inferred from this part of Yates' statement. She called out her role as different to explain why she doesn't agree with the OLC that it's legal. My role is different from that of the Office of Legal Counsel (OLC), which, through administrations of both parties, has reviewed Executive Orders for form and legality before they are issued. OLC’s review is limited to the narrow question of whether, in OLC’s view, a proposed Executive Order is lawful on its face and properly drafted.

Certhas 10y ago
Right, so if I (and many reporters with much experience covering executive orders) read this correctly it was not vetted by the DOJ. It had the correct "formatting" of an executive order, but no check was performed by the OLC on whether it violates standing law. I mean the DHS and other involved departments were also not consulted, so the idea that the DOJ got to weigh in on the legality is pretty strange/implausble.
- refurb 10y ago
  Really? I read that as "in case you're wondering why I'm opposing it and the OLC didn't, this is..."
  - Certhas 10y ago
    I guess it hinges on the scope of the "form and legality" review. There is an obvious conflict with the law that bans immigration rules based on country of origin. Did the OLC weigh that (or even constitutionality)? Or merely whether the preceding law that Trump's order cites, authorizes him to give the executive order? I assumed the latter. We'll soon see how the legality of the order plays out in the courts anyway. https://www.nytimes.com/2017/01/27/opinion/trumps-immigration-ban-is-illegal.html https://www.nytimes.com/2017/01/27/opinion/trumps-immigratio... Edit: Either way, my original blanket assumption that it had just not been looked at by the DOJ at all is clearly false as the OLC is a part of the DOJ.