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 rule gives agencies significantly more authority over certain career policy roles. Whether that authority improves accountability or creates new risks depends almost entirely on how agencies interrupt and apply it.
Our environmental system was built for 1970s-era pollution control, but today it needs stable, integrated, multi-level governance that can make tradeoffs, share and use evidence, and deliver infrastructure while demonstrating that improved trust and participation are essential to future progress.
Durable and legitimate climate action requires a government capable of clearly weighting, explaining, and managing cost tradeoffs to the widest away of audiences, which in turn requires strong technocratic competency.
FAS is launching the Center for Regulatory Ingenuity (CRI) to build a new, transpartisan vision of government that works – that has the capacity to achieve ambitious goals while adeptly responding to people’s basic needs.