Re:The Government’s Addiction to ‘Secret Law’
by tptacek on Wednesday October 19, 2016 @10:51AM
(#12744288)
We can agree that OLC opinions authorizing torture are bad without agreeing that they are law. One of the things that makes those OLC decisions bad is that they are lawless: they contravene the law. (The other, obviously, is that torture is inherently wrong).
Government officials probably cannot cite an OLC opinion in court in front of a judge as justification for torture. That's what my first comment on this thread pointed out. OLC opinions do not create binding precedent, any more than Wesley Snipes's tax lawyer's opinions did for his case.
Government officials probably cannot cite an OLC opinion in court in front of a judge as justification for torture. That's what my first comment on this thread pointed out. OLC opinions do not create binding precedent, any more than Wesley Snipes's tax lawyer's opinions did for his case.