Constitutional Law

Marty Lederman: Disclose OLC Waterboarding Opinions

In an article today, Professor Marty Lederman calls on the Department of Justice to release the Office of Legal Counsel opinions that provide the legal basis for the administration's conclusion that waterboarding is lawful, at least under some circumstances. He writes:

[C]ertainly where, as here, the underlying facts (and legal conclusions) are now acknowledged, and where there is such a stark and important contrast between the law as the public and Congress understands it and the law as the Executive interprets it, it is critical that the legislature and public be able to understand and evaluate the Administration's legal arguments.

Professor Lederman recently moderated a panel discussion hosted by ACS on the destruction of the CIA interrogation videotapes during which this issue arose. He also co-authored a white paper for ACS on principles to guide the Office of Legal Counsel.

Full post as published by ACS Blog on February 08, 2008 (boomark / email).