ACS is pleased to distribute an issue brief by Dawn Johnsen, Professor of Law at the Indiana University School of Law--Bloomington, entitled, All the President's Lawyers: How to Avoid Another "Torture Opinion" Debacle. In this issue brief, Professor Johnsen examines the inadequacy of external checks on presidential powers, particularly as exercised in a time of war or national emergency. More specifically, she outlines the executive branch legal memoranda severely limiting the definition of torture. Johnsen argues that the danger is not only whether Congress and the courts are maintaining a check on the executive branch, but whether the Office of Legal Counsel (OLC) within the executive branch is acting properly to fulfill its credo of “faithfully executing” the laws to which the President is bound.
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