The Office of Legal Counsel is an American government legal office.
The Office of Legal Counsel assists the Attorney General in his function as legal advisor to the President and all the executive branch agencies. The Office drafts legal opinions of the Attorney General and also provides its own written opinions and oral advice in response to requests from the Counsel to the President, the various agencies of the executive branch, and offices within the Department of Justice. Such requests typically deal with legal issues of particular complexity and importance or about which two or more agencies are in disagreement. The Office also is responsible for providing legal advice to the executive branch on all constitutional questions and reviewing pending legislation for constitutionality. In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... The President of the United States is the head of state of the United States. ... Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ... The White House Counsel is a staff appointee of the President of the United States. ... Justice Department redirects here. ...
All executive orders and proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President's formal approval. Executive Orders is a political and military thriller novel by Tom Clancy. ...
In addition to serving as, in effect, outside counsel for the other agencies of the executive branch, the Office of Legal Counsel also functions as general counsel for the Department of Justice itself. It reviews all proposed orders of the Attorney General and all regulations requiring the Attorney General's approval.
The Attorney General has directed the Office of LegalCounsel to publish selected opinions for the convenience of the executive, legislative, and judicial branches of the government, and of the professional bar and the general public.
The authority of the Office of LegalCounsel to render legal opinions is derived from the authority of the Attorney General.
Volumes 1-20 of the published Opinions of the Office of LegalCounsel contain the official versions of opinions for the years 1977-1996.
OLCslegal determinations are considered binding on the executive branch, subject to the supervision of the Attorney General and the ultimate authority of the President.
OLCs tradition of principled legal analysis and adherence to the rule of law thus is constitutionally grounded and also best serves the interests of both the public and the presidency, even though OLC at times will determine that the law precludes an action that a President strongly desires to take.
OLC should ensure, however, that all involved understand whenever OLC is acting outside of its typical stance, and that its views in such cases should not be taken as authoritative, binding advice as to the executive branchs legal obligations.
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