In its clearest departure to date from the uncompromising secrecy of the previous administration, the Justice Department yesterday released several controversial and discredited opinions produced by the Bush Administration Office of Legal Counsel (OLC) regarding detention of U.S. citizens, the domestic use of military force, and other topics.
Legal conclusions advanced in those opinions “do not reflect the current views of the Office of Legal Counsel and should not be treated as authoritative for any purpose,” wrote former OLC head Steven G. Bradbury in a January 15, 2009 memorandum (pdf).
But that may be an overstatement. While they are no longer legally authoritative, the newly released OLC opinions retain their status as authoritative records of the Bush Administration, illustrating its willingness to set aside constitutional restrictions and to assert practically unlimited executive power in national security and intelligence matters. Perhaps they are also more broadly indicative of how the U.S. government tends to respond under certain kinds of stress.
This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans.
Soft law was never meant to be a permanent solution. Treating it as one, and letting the sandcastle stand in for the skyscraper indefinitely, is how we end up with a decade of voluntary commitments and no enforceable accountability to show for it.
FAS has partnered with ICLEI USA to launch the CRI Local Advisory Council.
We sat down with Dr. Max Moritz and Chief Rob Hazard to discuss how communities use time, money, and data to reduce the risk that wildfires pose.