Who Gives Legal Advice to the President

Upsolve – Find free legal help to declare bankruptcy. Keep in mind that Chapter 7 bankruptcy information remains on your credit file for 10 years. This can make it difficult to get loans, buy a home, get life insurance, or get a job. Learn more about bankruptcy and other options for dealing with debt. The roles of McGahn`s and Trump`s personal lawyers differ most in the Russia investigation. Court decisions since the Clinton administration have concluded that the president is unlikely to enjoy solicitor-client privilege when speaking to the White House adviser — though this has yet to be tested in the Supreme Court. This is because the role of the adviser as an employee of the government is not to protect the president himself, but to promote the interests of the presidency as an institution. And other government lawyers like Cobb might not be able to claim solicitor-client privilege either. All this presupposes that the central legal authority of such an office is able to give opinions. Both the GAO and Congress should consider how such legal opinions would operate in the Legislature and what steps lawmakers could take to ensure that Congressional legal opinions are considered authoritative and addressed. You will also need to consider whether a counterpart office may need additional legal powers.

Pension Entitlement Centre – Get free legal help if you have problems with your pension, profit-sharing or retirement savings. These “key researchers” would have included well-known law professors from Duke and Harvard law schools such as Walter Dellinger, Martha Minow, and Laurence Tribe; Tribe, in particular, was recommended to Biden by Nancy Pelosi. Scientists consulted by the White House advised against the legality of a second moratorium on deportations are still unclear. Thus, the official position of the administration now seems to be as follows: it originally supported the legality of the first moratorium on evictions, which it defended in court; After pointing out that a majority of justices did not consider the moratorium to be legal, the Supreme Court changed its position and concluded that the CDC could not declare a new moratorium on evictions without congressional action; then he changed his position again, based on a combination of advice from outside legal experts, White House lawyers, and CDC lawyers, and ruled that the CDC did have the power to declare a moratorium on deportations, albeit narrower. Free pro bono legal aid – Find free or low-income legal aid. If, on the other hand, the Justice Department did sign the new order, but the Biden administration simply didn`t say so, it would be its own entirely avoidable mistake. Part of maintaining procedural standards of executive interpretation is publicly stating that these procedures were followed. If you follow a standard but pretend you don`t, it undermines the standard as if you actually ignored it. While the above instruments provide legislators with a number of ways to respond to executive branch actions and legal arguments that undermine or impede the powers of Congress, they largely fail to neutralize the impact of those arguments and shape views on the law.

This is true for at least four reasons. First, existing tools do not allow Congress to override the constitutional basis of the legal positions of the executive branch. Second, neither the Office of the House Counsel General nor the Office of the Senate Legal Counsel clearly and accessible disseminate the institutional legal positions of its House during and after litigation, impeding Congress` ability to offer a compelling alternative to the executive branch`s legal arguments. Third, Congress` tools currently limit its ability to develop consistent, precedent-based legal analysis outside of litigation to support its positions on issues that are unlikely to be subject to judicial review, such as belligerent powers. And fourth, Congress` limited legal staff limits Congress` overall ability to use the above tools. She also said, in some tension with Biden`s earlier admission that “most constitutional science” is skeptical of the legality of the moratorium on evictions, that “the president would not have supported moving forward if he hadn`t supported the legal justification. He`s old school like that. While the creation of independent, impartial offices in both chambers or the placement of congressional colleagues in the Office of the House Counsel General and the Office of the Senate Legal Counsel would neutralize the issues raised by a joint office, they raise their own questions. The first question concerns the extent of their powers. While the OLC prepares binding opinions for executive agencies, House-specific congressional colleagues can only take legal positions on behalf of part of a department. This could give the impression that their views are less authoritative than those of the OLC. In addition, the creation of separate chamber-specific offices allows the House of Representatives and the Senate to take different positions on issues of identical law or constitutional interpretation.

Instead of clarifying Congress` positions vis-à-vis the executive branch, this could lead to further confusion. Congressional limited legal staff also limits what lawmakers can achieve. The Office of the Advocate General of the House has seven lawyers, including the General Counsel of the House, and the Office of the Legal Counsel of the Senate has six lawyers, including the Legal Counsel of the Senate. (While funding for the Office of the House General Counsel has increased significantly since the late 2000s, it declined between fiscal years 2010 and 2015 and did not exceed fiscal 2010 levels until fiscal year 2020.) In addition, the number of committee employees in both chambers has declined or remained almost the same over the past four decades. In the House of Representatives, the total number of committee staff has fallen by 30.20 per cent since 1977 and by 40.89 per cent since its peak in 1991. And in the Senate, committee staff has increased by only 1.38% since 1977.

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