new bar for approving torture: "what you can get away with"

[Senior DoJ attorney David Margolis] isn't even sure that standards of candor apply to OLC lawyers. He approvingly quotes Jack Goldsmith's testimony that it's an unsettled question whether OLC should offer "neutral, independent, court-like advice" or something "more like ... an attorney's advice to a client about what you can get away with. ..." Wow. What about the president's constitutional obligation to faithfully execute the law, which OLC is supposed to help the president discharge? Whatever you think "faithful execution" means, it surely isn't "what you can get away with."

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This page contains a single entry by Curt Wechsler, The World Can't Wait published on March 3, 2010 10:45 AM.

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