Fake U.S. Embassy in Ghana for 7 Years, Embarrassed?

Is anyone at the U.S. State Department embarrassed that a fake embassy operated in Ghana for 7 years, anyone? Hello John Kerry, did you question Hillary at all on this. She was there in 2012. It should be noted that in 2012 Gene Cretz was the U.S. Ambassador to Ghana and he was also the Ambassador to Libya just prior to Ambassador Chris Stevens. Something really seems to smell here. Anyone response from Samantha Power, the U.S. Ambassador to the United Nations, did she ever visit the country?

 SofRep

The Secretary will be going to Ghana, which is one of our most important democratic and development partners in Africa. She will be attending the funeral tomorrow of the late John Atta Mills. President Mills was recently in the United States to attend the G-8 meeting at Camp David, and five weeks before that he was in the United States on a state visit to meet with President Obama. You will all recall that on July 11th of 2009, President Obama traveled to Ghana on his trip to Africa and made his famous speech outlining our policy, in which he said we wanted partnership and not patronage, we wanted a mutual respectful and responsible relationship between the United States and Africa, and where he urged Africa to strengthen its democratic institutions, famously saying Africa needs strong institutions, not strong men.

Ghana has been a democracy, a multiparty democracy, since 1992. It has had some of the best elections in Africa. There have been changes not only of presidency but also of the political party in power. It probably has one of the best democracies on the continent, and it certainly has one of the most well-known and respected election commissioners on the continent.

Ghana has had a smooth transition since the death of John Atta Mills. The Vice President was sworn in very quickly without any political upheaval or turmoil. The country will have presidential elections in December. We think those elections will be like the last ones, hotly contested between the two leading parties. But we expect those elections will be free, fair, and transparent, and that they will also be peaceful and internationally monitored.

The Secretary will have an opportunity to meet with the new President, President Mahama, at his residence shortly after we arrive in Accra this evening. It’s out of respect and appreciation for the close relationship that President Mahama is doing this. We regard him as a friend of the United States. He is a Muslim in predominantly a Christian country, but the religious relationships between Muslims and Christians across Ghana is very, very good (inaudible). More here from the State Department spokesperson.

**** Now for the fake part and wonder if Hillary or Barack or John even went to the embassy which is standard protocol and if they did, they knew it was fake. Where there Marines protecting the building? Hah…

**** The exterior of the fake embassy in Accra, in an undated photo.

The exterior of the fake embassy in Accra, in an undated photo.  (State Dept.)

State Dept: No visas from fake American embassy in Ghana used to enter US

None of the altered visas issued at a fake U.S. embassy in West Africa for seven years appears to have been used to enter the United States, the State Department said Monday.

State Department spokesman John Kirby said the visas were created from bought, stolen or otherwise illegally obtained passports.

U.S. officials this summer discovered and shuttered the fake embassy in Accra, Ghana. However, news reports about the criminal operation began to appear only in the past several weeks, following a Nov. 2 posting on the State Department’s website.

The embassy building flew a U.S. flag every morning for three days a week, and inside the building was a picture of President Obama.

The operation was purportedly run by Ghanaian and Turkish organized crime rings that “were able to pay off corrupt officials,” the State Department said in November.

And those who posed as consulate employees were in fact Turkish citizens who spoke English and Dutch.

Responding to skeptical reporters’ questions Monday, Kirby said those who bought the fake visas likely didn’t try to enter the country with them or were stopped at the border because the visas were of “pretty poor quality.”

He also said valid U.S. visas contain the kind of digital data that is nearly impossible to replicate.

A fake Netherlands embassy in Ghana also was shuttered in this summer’s sting.

Kirby said Monday that he has no reports of other fake operations but that the joint task force that shuttered the fake embassies, Operation Spartan Vanguard, continues to look for them.

The task force is led by U.S. Diplomatic Services and includes Canadian embassy officials and local police.

Those who bought the fake visas paid as much as $6,000.

Kirby also said Monday that none of the fake visas was stolen from the real U.S. embassy in Ghana.

The raids led to the recovery of 150 passports from 10 countries and visas from the U.S., India, South Africa and the European Schengen zone.

Those involved in the scheme would drive “to the most remote parts of West Africa” to find visa applicants and transport them to Accra, the State Department said. They also used fliers and billboards to lure victims from Ghana, Ivory Coast and Togo.

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.

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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.