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Hey Obama, Hey Kerry: Did you Speak to Bana Alabed?

It is Iran, it is Russia, It is the Assad Regime of Syria. The rest of the world ignores and pays the consequences for refugees when that red-line was ignored.

***  Aleppo siege: ‘We are crying and afraid’

Update: Bana Alabed is safe in an undisclosed location.

Young Syrian activist’s Twitter account disappears as supporters fear the worst

Supporters of a 7-year-old Syrian girl feared the worst on Monday after her Twitter handle documenting the horrors in Aleppo went silent.

Bana Alabed, 7-year-old girl tweeting from eastern Aleppo, disappears from Twitter after sending goodbye tweet

 

“We are sure the army is capturing us now. We will see each other another day dear world. Bye.-Fatemah #Aleppo”, read the account’s last tweet, written by the girl’s mother.

UN SYRIA ENVOY ARRIVES IN DAMASCUS

Bana Alabed’s account apparently was deleted Sunday during a relentless army offensive to take back the eastern portion of Aleppo from Syrian rebels. Government forces, aided by Russian airpower, have been pounding that part of the city, accelerating an already dire humanitarian crisis.

The family’s dispatches became increasingly alarming as the government’s offensive grew in intensity.

DEADLY AIRSTRIKE OUTSIDE SCHOOL IN SYRIA 

“Last message-under heavy bombardments now, can’t be alive anymore. When we die, keep talking for 200,000 still inside. BYE.-Fatemah,” read one message from November 27th Sky News reported.

Another read, “The army got in, this could be our last days sincerely talking. No Internet. Please please please pray for us.”

Alabed’s mother, Fatemah, told BBC in October that her daughter became active on social media because she wished for the “world to hear our voice.”

ME & U Iran Gangs Will not allow us to speak God will protect you my little angel I am proud of you Dont be Sad

 

Young Alabed’s tweets, as well as accompanying pictures, even captured celebrity attention. JK Rowling, author of the Harry Potter books, re-tweeted the young activist and sent her e-books.

It is believed about 250,000 people are still trapped in the eastern part of the city, with at least 300 dying since the latest bombing offensive began. Go here for her short thank you video via FNC.

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How Facebook hurt the Syrian Revolution

Social media made the Syrian revolutionary movement less resilient and more exposed to regime brutality.

Riham Alkousaa is a Syrian journalist covering refugees in Europe and conflict in Syria.

“Will I die, miss? Will I die?” asks a Syrian boy in panic. The recent video shot in a wrecked hospital in Aleppo in the aftermath of a chlorine gas attack went viral on social media. Just a few months earlier, Aleppo hit the newsfeeds with another shocking image of an injured child: five-year-old Omran Daqneesh sitting in an orange ambulance chair.

Aleppo has been one of the highest trending news on social media in the United States for a while now. People express anger, sadness, disappointment; they like and share; they tweet. And what of it? Nothing changes in Aleppo.

At the same time, across the ocean, in the US, there has been a heated discussion about the major role social media played in the recent elections. Some have argued that Donald Trump’s tweets got him more media coverage and attracted voters’ attention while fake news, which spread on social media, helped him seal his victory.

So why is it that social media can help win an election in one country and cannot stop a month-long massacre in another?

Erica Chenoweth, a professor at the School of International Studies at the University of Denver, has argued that social media is helping dictators, while giving the masses an illusion of empowerment and political worthiness.

At a recent lecture at Columbia University, when asked for an example where social media played a negative role in a social movement, Chenoweth paused a little to finally say, “what comes to my mind now is Syria.”

Indeed, social media hurt the Syrian uprising. It gave the Syrian people the hope that the old dictatorship can be toppled just by uploading videos of protests and publishing critical posts. Many were convinced that if social media helped Egyptians get rid of Hosni Mubarak, it would help them overthrow Bashar al-Assad.

It created the false illusion that toppling him would be easy and doable.

The limits of social media activism

Social media didn’t highlight the differences in the political structures of Egypt, Tunisia and Syria. The absence of a developed political opposition in Syria didn’t come to the mind of those young protesters eagerly posting on Facebook and Twitter. Egypt had decades of experience with political opposition to the regime and Syria didn’t.

But with a society under constant and pervasive surveillance, how could the Syrians develop a mature political opposition? The brief period of political relaxation following the death of Bashar’s father, Hafez al-Assad, in June 2000, could’ve been an opportunity to start this process.

But the Damascus Spring, as this period of intense political and social debate was later called, ended in the autumn of 2001 with serious government repressions.

In March 2011, it looked easy to be in opposition on Facebook; it was a great platform for those who wanted to protest. The Facebook page “Syrian Revolution” was just a click away and its followers quickly grew above 100,000. What few people knew in Syria was that the administrator was actually a Syrian living in the safety of Sweden and that only 35 percent of those liking the page were Syrians actually living in Syria.

It is not surprising, therefore, that the numbers turning up sometimes at scheduled protests were low. Many were waiting for a huge sit-in to be in Umayyad Square in the heart of Damascus, or at least in Abaseen Square near the big stadium. It never happened.

Instead, the regime was able to organise major counter-marches in the same squares. The difference is that Assad wasn’t relying on Facebook to gather the crowds. He had some loyal supporters who would volunteer to turn up and the rest of the crowd would get volunteered – that is to say, various state institutions would force its workers to rally … or else.

Social media also limited social movements to only one tactic: street demonstrations. Crowds of protesters were easy targets for killing (live ammunition was widely used) and mass arrests, quickly shrinking the numbers of those willing to come out.

The few attempted boycotts would also fail for the same reason. In December 2011, activists tried to organise a trade boycott, encouraging shops to close down; many refused to do it after they saw all the shops that were burned in Deraa after a similar initiative.

The use of social media also made activists and regular protesters highly vulnerable. When the regime allowed direct access to Facebook (which had been only accessible through VPN until then) in February 2011, it was clear that it is doing so to facilitate surveillance and the targeting of the protest movement.

Many were arrested for just sharing a photo, commenting or uploading a video. Facebook-organised protests also allowed the regime to know in advance the location and prepare its crack-down accordingly.

Virtual protests stay virtual

More importantly, social media created the illusion that one can change and challenge the events on ground by being active online. Aleppo has been severely bombed since September 2015 with the Russian intervention. This year, when news erupts that the situation is catastrophic, thousands of Syrians around the world protest … by changing their Facebook profile picture.

People react virtually while not much is changing on the ground. The number of actual protests on the ground for Syria had declined by 2013. The feeling that social media gives you that you’ve done your bit by posting online is one reason for this demobilisation.

In this regard, Syria is like Palestine, where calls for a third Intifada have not materialised into actions, despite the growing number of Israeli violations.

In fact, this trend is obvious, not just in the Middle East, but globally. In the 1990s, before the advent of social media, around 70 percent of nonviolent social movements succeeded while this number plummeted to only 30 percent in the Facebook and Twitter era.

Social media, of course, is not the only reason why the Syrian uprising failed. But it is something that Syrian revolutionaries should think about when thinking about the future of their movement.

Facebook posts cannot defeat an unscrupulous dictator armed with a brutal repressive apparatus and resolved to use it at will.

Riham Alkousaa is a Syrian journalist covering refugees in Europe and conflict in Syria. She is currently a masters’ student of Politics and Global Affairs at Columbia University, Graduate School of Journalism. 

75 Years Later, Pearl Harbor With More Details

Japanese leader Shinzo Abe to visit Pearl Harbor with Obama

Japanese Prime Minister Shinzo Abe announced Monday that he would accompany President Obama to Pearl Harbor, making him the first sitting Japanese leader to visit the Hawaiian naval base since the end of World War II.

Abe told reporters that he will visit a memorial at the site on Dec. 26 and 27. The surprise announcement came two days before the 75th anniversary of Japan’s attack on the base, which killed 2,400 U.S. servicemen and civilians and drew the U.S. into the war.

“This will be a visit to console the souls of the victims,” he said. “I would like to show to the world the resolve that horrors of war should never be repeated.” More here from LATimes.
Surprise strike: Hundreds of U.S. ships and boats were destroyed from Japanese bombs and torpedoes in the devastating attack on December 7, 1941

Surprise strike: Hundreds of U.S. ships and boats were destroyed from Japanese bombs and torpedoes in the devastating attack on December 7, 1941  UKDailyMail

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Three days before the Dec. 7, 1941 Japanese attack on Pearl Harbor, President Roosevelt was warned in a memo from naval intelligence that Tokyo’s military and spy network was focused on Hawaii, a new and eerie reminder of FDR’s failure to act on a basket load of tips that war was near.

In the newly revealed 20-page memo from FDR’s declassified FBI file, the Office of Naval Intelligence on December 4 warned, “In anticipation of open conflict with this country, Japan is vigorously utilizing every available agency to secure military, naval and commercial information, paying particular attention to the West Coast, the Panama Canal and the Territory of Hawaii.”

The memo, published in the new book December 1941: 31 Days that Changed America and Saved the World went on to say that the Japanese were collecting “detailed technical information” that would be specifically used by its navy. To collect and analyze information, they were building a network of spies through their U.S. embassies and consulates.

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HONOLULU, Dec. 5, 2016 — As the second-oldest known Pearl Harbor survivor, retired Navy Lt. Jim Downing, 103, wants the memory of the Dec. 7, 1941, attack to stay alive for future generations.

Downing, of Colorado Springs, Colorado, has come to Pearl Harbor, Hawaii, to join other survivors for commemorations of the 75th anniversary of the attack this week.

“I understand this is going to be the last big anniversary, so I am sorry to see it pass down into history, but there are not enough of us left to commemorate it,” he said.

“I hope history books and history teachers won’t forget. There’s a tendency as time passes to forget about the past, so I’m hoping history books and teachers will keep the memories alive,” Downing added.

The Navy veteran spoke in an interview yesterday after viewing a screening of the World War II Foundation’s documentary “Remember Pearl Harbor.” Downing and other veterans, including fellow Pearl Harbor survivors, were guests of honor at the event at the Pacific Aviation Museum on Ford Island in Pearl Harbor.

Memories of Pearl Harbor

“[The attack] happened just a few hundred yards over here,” Downing said, gesturing toward the harbor. His ship, the USS West Virginia, was severely damaged in the Japanese attack.

“We were right next to Ford Island, so it’s hard to forget what happened — now just being on the spot,” said Downing, who was a gunner’s mate first class at the time of the attack.

When the surprise Japanese assault began, the then-28-year-old Downing was having breakfast at home with his wife and some of his shipmates. He and the other sailors rushed over to the ship to help.

“Nine [torpedoes] hit the West Virginia — and we sunk pretty quickly after that — and everything above the waterline was on fire,” he recalled.

More than 100 men on the ship were killed, including at least 17 of Downing’s close friends. Despite the loss, he did not despair, he said, explaining his friends were part of his Bible study. He has faith he and his friends will be reunited.

“I rejoiced that I would see them in the future,” he said.

For the dead and injured on his ship, he composed personalized letters for the families.

“The ones that I didn’t know, while I was fighting the fire, I memorized their identification tags and wrote to their parents so that was a sense of closure, both on my part and on the part of their own parents,” Downing said.

He heard back from many of them, he said, including parents who learned their sons were actually alive. “They were grateful,” Downing said. “They rejoiced; they didn’t know that their sons were still alive until they got the letter.”

Return to Pearl Harbor

Downing, who also came to Pearl Harbor for last year’s anniversary, stays connected with fellow Pearl Harbor survivors.

“The greatest pleasure is to renew acquaintance with my shipmates,” he said. “I’ve been coming to these reunions for a long time. There is a lot of camaraderie among the ship’s crew, in fact, it never runs out.”

But as time passes, fewer survivors remain, Downing pointed out.

Pearl Harbor survivor and retired Navy Lt. Jim Downing attends a screening of the “Remember Pearl Harbor” documentary at the Pacific Aviation Museum at Pearl Harbor, Hawaii, Dec. 4, 2016. Downing, who was among the guests of honor at the event, journeyed to Pearl Harbor to take part in events marking 75 years since the surprise Japanese attack. DoD photo by Lisa Ferdinando

Pearl Harbor survivor and retired Navy Lt. Jim Downing attends a screening of the "Remember Pearl Harbor" documentary at the Pacific Aviation Museum at Pearl Harbor, Hawaii, Dec. 4, 2016. Downing, who was among the guests of honor at the event, journeyed to Pearl Harbor to take part in events marking 75 years since the surprise Japanese attack. DoD photo by Lisa Ferdinando

Pearl Harbor survivor and retired Navy Lt. Jim Downing attends a screening of the “Remember Pearl Harbor” documentary at the Pacific Aviation Museum at Pearl Harbor, Hawaii, Dec. 4, 2016. Downing, who was among the guests of honor at the event, journeyed to Pearl Harbor to take part in events marking 75 years since the surprise Japanese attack. DoD photo by Lisa Ferdinando

“I just wonder how many I will see next year,” he said, adding “most of my friends are in heaven, so I look forward to seeing them over there.”

Hope for the Younger Generation

Downing said he is grateful for the nation’s support of its military veterans.

“I am glad for this wave of patriotism that is sweeping the country,” he said.

Downing said he does have a message for the younger generation.

“I tell them: ‘You’re the leaders of tomorrow; you’re the voters of tomorrow; you’re the taxpayers of tomorrow; you’re the legislators of tomorrow. My charge to you is, keep America strong,'” he said.

“I want America to be kept so strong — in cyberspace, in space, in the skies, on the ground, on the sea, under the sea — that no dictator will even think about attacking us,” he said.

‘One Day at a Time’

Downing said his optimistic view comes from his life philosophy, to take life as it happens and whatever it brings.

He said he doesn’t worry about yesterday or tomorrow, or weigh himself down with things he can’t control or change — including the events of that day 75 years ago.

“So I live one day at a time. I don’t brood over what happened there. It happened and [there’s] nothing I can do about it, so I got to live with it,” he said.

****

Further reading: Pearl Harbor Research Records Declassified

 

Stability is Instability in Italy as Prime Minister Resigns

Reuters: Italian Prime Minister Matteo Renzi is set to resign on Monday after suffering a crushing defeat in a referendum over constitutional reform, tipping the euro zone’s third-largest economy into political turmoil.

His decision to quit after just two-and-a-half years in office deals a blow to the European Union, already reeling from multiple crises and struggling to overcome anti-establishment forces that have battered the Western world this year.

Renzi’s emotional, midnight resignation announcement sent the euro lower and jolted stock and bond markets on concerns that early elections could follow, possibly paving the way for an anti-euro party, the 5-Star Movement, to come to power.

Financial markets bounced back later in the morning as European officials played down the prospect of a broader euro zone crisis, but Italy’s fragile bank sector had dropped more than 4.7 percent at 1320 GMT. [.FTIT8300]

Renzi has called a Cabinet meeting for 1730 GMT, after which he said he would tender his resignation.

European Commissioner for Economic and Financial Affairs Pierre Moscovici dismissed talk of a euro zone crisis, and German Finance Minister Wolfgang Schaeuble urged calm. Both said Italy’s institutions are capable of handling a government change, which would be its 64th since 1946.

Economy Minister Pier Carlo Padoan, who has pulled out of meetings with European finance ministers in Brussels this week, is viewed as a possible candidate to replace Renzi. Senate President Pietro Grasso and Transport Minister Graziano Delrio have also been tipped as possible successors.

It is unclear if Renzi will have enough support in his Democratic Party (PD) to remain party leader – a role that could give him a say in who becomes the next prime minister.

The government crisis could open the door to elections next year and to the possibility of the opposition 5-Star Movement gaining power in the heart of the single currency area. 5-Star, which campaigned hard for a ‘No’ vote, wants to hold a referendum instead on membership of the euro.

“I take full responsibility for the defeat,” Renzi said in his late-night speech, pledging to formally resign to President Sergio Mattarella on Monday.

“I will greet my successor with a smile and a hug, whoever it might be,” he said, struggling to contain his emotions when he thanked his wife and children for their support.

“We are not robots,” he said at one point.

SUCCESSOR

Sunday’s referendum was over government plans to reduce the powers of the upper house Senate and regional authorities but was viewed by many people as a chance to register dissatisfaction with Renzi, who has struggled to revive economic growth, and mainstream politics.

“No” won an overwhelming 59.1 percent of the vote, according to the final count. About 33 million Italians, or two-thirds of eligible voters, cast ballots following months of bitter campaigning that pitted Renzi against all major opposition parties, including the anti-establishment 5-Star.

The euro briefly tumbled overnight to 21-month lows against the dollar, as markets worried instability could deal a hammer blow to Italian banks, which are looking to raise around 20 billion euros ($21 billion) in coming months. However, by early in the European morning it had largely rebounded. [FRX/]

Italy’s banks are weighed down by more than 350 billion euros of bad loans.

Shares in Monte dei Paschi fluctuated wildly on Monday and were down almost 5 percent at 1320 GMT, as a consortium of investment bankers met to discuss a capital increase to raise 5 billion euros which the lender needs by the end of the month to avoid being wound down.

Yields on Italy’s benchmark 10-year bond initially soared to more than 2.07 percent, but then retreated back to 2.04 percent. [GVD/EUR]

Mattarella will consult with party leaders before naming a new prime minister – the fourth successive head of government to be appointed without an electoral mandate, a fact that underscores the fragility of Italy’s political system.

In the meantime, Renzi would stay on as caretaker.

The new prime minister, who will need the backing of Renzi’s PD to take office, will have to draw up a new electoral law, with 5-Star urging a swift deal to open the way for elections in early 2017, a year ahead of schedule.

“From tomorrow, we will start work on putting together 5-Star’s future program and the team of people that will make up a future government,” said Luigi Di Maio, tipped to be the group’s prime ministerial candidate.

Opinion polls put 5-Star neck-and-neck with the PD.

DEMOLITION MAN

Renzi, 41, took office in 2014 promising to shake up hidebound Italy and presenting himself as an anti-establishment “demolition man” determined to crash through a smothering bureaucracy and reshape creaking institutions.

However, his economic policies have made little impact, and the 5-Star Movement has claimed the anti-establishment banner, tapping into a populist mood that has seen Britons vote to leave the European Union and Americans elect Donald Trump president.

In a moment of relief for mainstream Europe, Austrian voters on Sunday rejected Norbert Hofer, vying to become the first freely elected far-right head of state in Europe since World War Two, choosing a Greens leader as president instead.

But elsewhere, the established order is in retreat. French President Francois Hollande said last week he would not seek re-election next year, and even German Chancellor Angela Merkel looks vulnerable as she seeks a fourth term in 2017.

Just this past July, 2016:

BusinessInsider: The economic and political crisis brewing in Italy was, until recently at least, going largely unnoticed. 

Italians will have a say on reforms to its Senate, the upper house of parliament, in October.

The proposed reforms are widespread, and if approved could improve the stability of Italy’s political set up and allow Prime Minister Matteo Renzi to push through laws aimed at improving the country’s economic competitiveness.

If denied, Renzi’s government will most likely fall, plunging Italy back into the type of political chaos last seen after the ousting of former Prime Minister Silvio Berlusconi, according to Deutsche Bank.

The country is also contending with a banking crisis, and a stagnant economy with crushingly low productivity, a history of missing growth targets, and generally underperforming the rest of Europe in recent years. All this led the International Monetary Fund to warn earlier this week of “two lost decades” for the nation.

All in all, things don’t look particularly peachy for Italy, especially when warnings that the country’s woes — and not Brexit — could be the catalyst to tear the Eurozone apart in coming years.

But what exactly are the biggest issues that present risks to Italy and its political and economic stability? Thankfully, following its recent mission to the country, the International Monetary Fund has produced a handy flow chart, or “risk matrix” showing all the threats to stability in the country.

It includes growing tensions in the Middle East, the UK’s vote to leave the EU, the rise of populism, and of course, Italy’s banking crisis which — despite steps being taken towards a solution — is still a massive threat.

VA Secretary McDonald is an Ass

Citizens Against Government Waste does a remarkable job as a watchdog over waste, fraud and abuse. Hat tip to this organization for their stellar work and notably this item on VA Secretary Robert McDonald.

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CAGW Names VA Secretary Robert McDonald November Porker of the Month

Citizens Against Government Waste (CAGW) named Secretary of Veterans Affairs (VA) Robert McDonald its November 2016 Porker of the Month for giving bonuses to some of the senior executives who were involved in the continuing hospital wait-times scandal.

Despite assurances by Sec. McDonald and President Obama that the wait-times scandal was isolated to Phoenix and that the department has solved the problem, numerous VA inspector general (IG) reports over the last year have confirmed that thousands of veterans still languish in the VA’s single-payer system. They are waiting for care mainly due to the department’s abject failure to solve its corrosive culture, which led to the scandal in the first place.  Data released on June 3, 2016 found that the number of patients who have waited more than a month to see a doctor exceeded a half a million since the beginning of 2016, and no improvement was seen in any month so far this year.

In the face of this continued mismanagement, an October 28, 2016 USA Today report found that the VA had provided $177 million worth of bonuses to its nearly 189,000 employees in 2015.  Included in that total were more than 300 senior executives, some of whom were intimately involved in the ongoing wait-times scandal at the Phoenix VA hospital as well as facilities nationwide.

In an April 7, 2016 USA Today investigation, some of these same officials in 19 states were exposed as routinely “zeroing out” wait times for veterans and concealing the true length of delays.  Astonishingly, VA supervisors themselves instructed schedulers to fabricate wait times at medical facilities in seven states.

Sec. McDonald’s May 23, 2016 attempt to reassure veterans and taxpayers of his focus on reform failed in an epic fashion when he compared veteran wait times to lines at Disney theme parks.  Those comments, along with the payment of bonuses to corrupt VA executives, seems to clearly illustrate Sec. McDonald’s flagrant disregard for reforming his beleaguered department.

CAGW President Tom Schatz said, “The thoughtless payment of bonuses to shady VA bosses is despicable.  Sec. McDonald was heralded as a private-sector business leader who could turn around a troubled department.  Instead, Sec. McDonald is even worse than a standard issue Washington bureaucrat.  As I said after Sec. McDonald made his callous Disney comparison, he is Frozen in the past, and perhaps the fish from Finding Nemo need to be called on to help the VA find a new leader.”

The last time Secretary McDonald testified before the Senate:

For rewarding corrupt VA bosses and failing to ensure that veterans get timely care, CAGW names VA Secretary Robert McDonald its November 2016 Porker of the Month.

Citizens Against Government Waste is a nonpartisan, nonprofit organization dedicated to eliminating waste, fraud, abuse, and mismanagement in government.  Porker of the Month is a dubious honor given to lawmakers, government officials, and political candidates who have shown a blatant disregard for the interests of taxpayers.

The Beltway Lawyer Chatter about the Trump Admin

As Trump Tests Legal Boundaries, Small DOJ Unit Poised for Big Role

Zoe Tillman, The National Law Journal

President-elect Donald Trump moved quickly in naming his picks for two key legal posts, selecting a conservative politician in Sen. Jeff Sessions to run the U.S. Department of Justice and a loyal adviser in Jones Day partner Donald McGahn II to serve as White House counsel.

Washington lawyers now have their eyes on a less visible appointment, but one that could set the tone on issues ranging from how completely the incoming president separates himself from his business interests to how his administration acts on campaign promises to spike trade agreements and revive harsh interrogation policies.

The Justice Department’s Office of Legal Counsel, which handles legal questions from the White House and federal agencies, often has the last word on murky areas of law and there are plenty trailing Trump into the White House. That positions the next OLC chief to play a key role as the White House maps out its agenda but may also mean navigating delicate politics in an administration that seems bent on testing conventional legal doctrine.

Former OLC officials say the next head of the office will have to walk a fine line to be a lawyer Trump trusts and won’t try to circumvent, without being seen as a rubber stamp.

“It’s going to be an interesting time at OLC because a number of issues are going to be turned upside down,” said Walter Dellinger, a partner at O’Melveny & Myers who led the office from 1993 to 1996.

Citing Trump’s statements in favor of waterboarding, for instance, Dellinger said “the fact that the incoming president has stated in several areas that he intends not to follow existing law will make the position more challenging—and more interesting.”

The Office of Legal Counsel often has a behind-the-scenes role in controversial executive branch policies. Under President George W. Bush, the Office of Legal Counsel established the legal framework for harsh interrogation techniques such as waterboarding; under President Barack Obama, it signed off on the deferral of deportation for millions of undocumented immigrants.

Questions about Trump’s ties to his eponymous company are expected to reach the office early in the new administration. In 2009, the OLC published an opinion about Obama’s acceptance of the Nobel Peace Prize, concluding that it didn’t violate the constitutional prohibition on receiving gifts or titles from foreign governments. Trump’s business dealings overseas and ties that his U.S. properties have to foreign governments present a new set of ethics questions.

Should Trump follow through on his campaign pledges to roll back Obama’s executive actions and federal regulations on everything from immigration to climate change, the office would advise him on whether he could do it, and how.

Early in Obama’s presidency, the OLC withdrew legal opinions from the second Bush administration about the use of harsh interrogation techniques on terror suspects. Trump, who said on the campaign trail that “torture works,” could ask the office to revisit the issue.

A large part of the office’s work is resolving legal spats among agencies and interpreting federal laws and regulations. The lawyers review executive orders, and serve as an adviser to the executive branch on separation-of-powers issues. Occasionally, a big legal question—like torture or government surveillance—will come through.

John McGinnis, a professor at Northwestern University Pritzker School of Law who served as deputy assistant attorney general in the office from 1987 to 1991, cautioned against assuming that Trump’s campaign proclamations signal the policies he’ll embrace as president.

“People in campaigns, this is all politicians, do not speak in policy legal terms. I would not want to predict that what will come to OLC can be captured in the soundbites of a campaign,” McGinnis said.

Since the election, Trump has continued to express his interest in reviving the practice of waterboarding, although he said in a recent interview with The New York Times that he was intrigued by his conversation with a military general who said the practice wasn’t effective.

LEGAL CREDIBILITY

The Office of Legal Counsel is staffed by about 25 attorneys and has a budget of roughly $8 million. Yet because of its influence, it is one of the more politically contentious offices at the Justice Department. That was especially true in the years after the Sept. 11, 2001, terrorist attacks, when the office faced criticism for providing a legal rationale for torturing terror suspects. Both Bush and Obama saw nominees to lead the office stall in the Senate amid partisan opposition.

With a Republican majority in the U.S. Senate and weakened filibuster rules for executive nominees, Trump is expected to have an easier time getting his nominee through.

Some former DOJ officials questioned whether Trump might have a tough time finding a lawyer willing to serve, given the nature of the legal questions they’re expected to confront and the president-elect’s reputation as someone who doesn’t like to be told “no.”

A former top DOJ official in the second Bush administration who spoke on condition of anonymity said he knew lawyers who were hesitant about working for the department and for the OLC, given the controversial questions that office takes on. However, he said that there were many others who would want to work in government regardless of reservations they might have about the president-elect. .

The office has been a stepping stone for many influential lawyers. Among those who held the post under past Republican presidents are the late Supreme Court justices William Rehnquist and Antonin Scalia; Gibson, Dunn & Crutcher partner Theodore Olson; J. Michael Luttig, general counsel of The Boeing Co. and a retired judge on the U.S. Court of Appeals for the Fourth Circuit; and Ninth Circuit Judge Jay Bybee, who ran the office in the aftermath of 9/11 and signed the legal opinion authorizing “enhanced interrogation techniques.”

Carl Nichols, a partner at Wilmer Cutler Pickering Hale and Dorr and a former principal deputy associate attorney general during the second Bush administration, said the OLC chief is typically one of the most trusted advisers to the attorney general.

The office has “enormous legal credibility,” Nichols said. The specifics of the legal questions surrounding Trump and his agenda differ in some ways from his predecessors, Nichols said, but the ultimate task of grappling with the scope of executive power is a familiar one for the OLC.

“It’s a place where the White House and the agencies know if they have a hard question, they’ll have really terrific legal minds thinking about it,” he said.

HARD QUESTIONS

OLC lawyers aren’t the only ones who give legal advice to the executive branch. There are White House lawyers and each agency has its own legal department. During the Obama administration, a body of senior agency lawyers known as “The Lawyers’ Group” met to consider national security-related legal questions.

Harold Koh, a professor at Yale Law School who served as the legal adviser to the U.S. Department of State during the Obama administration and worked as a lawyer in the OLC, wrote in a recent blog post that he thought the interagency approach, which had been used in previous administrations, was the most effective process.

“Different agencies have different equities, perspectives, and areas of expertise and getting the input of all relevant legal arms of our vast executive branch is vital to sound decisionmaking,” Koh wrote.

But the OLC’s decisions carry significant weight, said Jonathan Adler, a professor at Case Western Reserve University School of Law, and although the president isn’t bound by the office’s conclusions, there’s strong precedent against defying them. That has led presidents to occasionally try to circumvent the office, Adler said, rather than having to deal with a contrary opinion. He cited as one example Obama’s decision in 2011 to reportedly eschew the usual OLC process in soliciting opinions about the legality of military action in Libya without congressional approval.

The office’s legal opinions “reflect, or are supposed to reflect, serious, largely neutral or as neutral as possible assessments of important legal questions about what the executive branch may or may not do,” Adler said.

A successful OLC head will take an “extremely proactive” approach to find ways for the administration to legally achieve policy goals, building up political capital for the occasions when the office has to tell the White House or an agency that they can’t do something within the bounds of the law, McGinnis said.

Dellinger said that his advice to an incoming president would be to pick an OLC head “who has a substantial career that gives him or her substantial stature and the ability to say no, and that will help keep you out of trouble.”

To the next head of the OLC, Dellinger said he would advise he or she to make sure to consult with career government attorneys, to always give an honest opinion of the law, and to have a good career to fall back on in the event of a serious disagreement with the White House.

“The job will drive you crazy if you’re not prepared to walk out the door,” he said.