Last week, after waiting over a year for the office to process our appeal, the OLC responded by releasing several unredacted sections. Someone learns of the existence of an OLC opinion, requests it, and then sues to enforce the request when the OLC fails to respond, or when it claims the opinion is privileged. Office of Legal Services, Access & Fairness Programs Program Development Unit 180 Howard Street ... Law Office of Dennis Michael O’Reilly (Sacramento) Elizabeth Sapanai Alternate Defenders, Inc. (San Rafael) ... that a privately retained counsel may properly be influenced by rulings of the court. Found inside – Page 78INSLAW focus on the Office of Legal Counsel . This is the office that implements for the Attorney General this " secret opinions " policy , and it has been ... of the Obama Administration, the OLC issued an opinion stating that because of the way a law is worded, statutory post-government employment restrictions for high-level officials—mostly restrictions on lobbying—only apply to people being paid exactly the same amount as a certain high-level pay rate. (The Knight Institute represents the plaintiff.) Found inside – Page 22Legal Counsel (OLC), to develop a body of law that justified the national ... A number of examples of controversial and secret legal opinions evidence both ... © 2021 Knight First Amendment Institute. It embodies a long-standing judgment of the political branches that the tax committees are uniquely suited to receive such information. What Should Happen With the January 6th Investigation Now? Found inside – Page 394As a growing body of secret law on critical issues of national importance , the OLC opinions represent a dramatic and alarming departure from the openness ... Legal Services for Faculty, Staff and Students. Learn about applying for registration to practice in patent matters before the USPTO, including requirements, forms, and exam information. Mr. NADLER. The OLC has accumulated, over the years, a body of legal opinions that have the force and effect of law but whose very existence is concealed from the public. Press Statements. This Waco law firm has handled hundreds of transactions and trials. Just Security is based at the Reiss Center on Law and Security at New York University School of Law. Secret Funding for Plaintiff Attorneys Is On Rise, Experts Say. 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Johnsen served five years in the Office of Legal Counsel, including as deputy assistant attorney general from 1993-97 and as acting assistant attorney general in charge of the OLC from 1997-98. … The Office of Legal Counsel (OLC) assists the Attorney General of the United States in their function as legal adviser to the President and all the executive branch agencies, hence the appellation "the president's law firm." Instead, it involves an effort to enforce FOIA’s “reading room” provisions, which impose an affirmative obligation on federal agencies to publish their final opinions, orders, policies, and interpretations. The public is entitled to know what the law is, not just what the Office of Legal Counsel wants it to know, A FOIA lawsuit seeking proactive disclosure of the Office of Legal Counsel’s secret legal opinions. The discussion with Attorney Krent focuses on the importance of having Office of Legal Counsel (OLC) – an office in the US Department of Justice headed by the US Attorney General. Found insideBy 1973 , supervision of the legal activities of the newly created Bureau of ... Chief Counsel , Foreign Assets Control , the Legal Counsel , U.S. Secret ... Of course, one can’t rule out entirely the possibility that some agencies will hesitate to consult with OLC if the office becomes more transparent. This argument is overstated. Usually this litigation arises under the provisions of FOIA that require federal agencies to respond to requests for records. The Office of Legal Counsel, a Justice Department office that provides legal advice to the president and the executive branch, renders opinions that “definitively answer legal … benefit of counsel n. having the opportunity to have an attorney and legal advice in any legal matter, but particularly while appearing in court. The Campaign for Accountability case is important because, despite the clear applicability of the Supreme Court’s command to the kind of opinions OLC produces, the OLC doesn’t comply with the reading room provisions at all. Barry Sullivan * In 2001, I rejoined my law firm after spending seven years as a law teacher and administrator and was soon asked to consult on a litigated matter involving a corporate client . The General Counsel is John M. Mitnick. The Homeland Security Act defines the General Counsel as the "chief legal officer of the Department.". In this role, the General Counsel is ultimately responsible for all of the Department's legal determinations and for overseeing all of its attorneys. The first item on our agenda remains the authorization for subpoenas relating to the Office of Legal Counsel at the Department of Justice. But many Office of Legal Counsel opinions remain secret decades after the fact. Provide legal advice on the application of consumer laws and regulations to ensure that consumers have fair access to financial services and are treated fairly. Steven Bradbury, who led the OLC during President George W. Bush’s second term, wrote in 2005 that “OLC opinions are controlling on questions of law within the Executive Branch.” David Barron, who led the office during the Obama administration, observed in 2010 that the OLC is “frequently asked to opine on issues of first impression that are unlikely to be resolved by the courts—a circumstance in which OLC’s advice may effectively be the final word on the controlling law.” In litigation, the OLC describes its final opinions as advisory, but in fact it views these opinions as binding on federal agencies, and this is how the agencies view them, too. DOJ responds to hundreds of inquiries every year concerning issues related to the open meetings law and the public records law, and instructs on open government at dozens of conferences, seminars, and training sessions. ... Much of its work is kept secret. Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. about the prevalence of secret law relied upon by the executive branch, urge you to co-sponsor the OLC SUNLIGHT Act, introduced by Representatives Matt Cartwright, Zoe Lofgren, and Mike Quigley. This hearing of the Subcommittee on the Constitu-tion, Civil Rights, and Civil Liberties will come to order. He also served on active duty in the Pentagon. Mueller to help lead UVa law school class on Russia investigation ... the 2019 memo prepared by Justice’s Office of Legal Counsel. ", When these classified opinions became public, legal experts harshly criticized them. The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks. A report published by the Brennan Center last year suggests there may be many more. It would retain the right, however, to withhold or redact these opinions on other grounds. He is currently a senior officer in the Army Reserve assigned to the Army Staff, Office of the Judge Advocate General. But many Office of Legal Counsel opinions remain secret decades after the fact. Ferguson asserts that the plan is inadequate, and that a bankruptcy court doesn’t have the authority to prevent attorneys general from enforcing state law, including the decision to pursue the company’s owners, the Sackler family, for their illegal conduct. On June 8, 2004, The Washington Post revealed the existence of a previously secret memorandum drafted by the Department of Justice’s Office of Legal Counsel (OLC), which concluded that the laws prohibiting torture did not bind officials interrogating suspected members of Al Qaeda or the Taliban. The FOIA entitles the public to know what the law is, not just what the OLC wants it to know about what the law is. Why this principle should apply to other agencies but not to OLC, the OLC doesn’t really say. Found inside – Page 95The Attorney General has used the fear of terrorism to justify actions that ... on a new Office of Legal Counsel opinion that still remains secret today . Your duties and responsibilities will depend on the type of law you practice within each branch. The Office of the General Counsel (OGC) integrates over 2,500 attorneys from throughout the Department into an effective, client-oriented, full-service legal team. 110-129 _____ Printed for the use of the Committee on the Judiciary Available via the World … As Chief Counsel, he is the Secret Service’s primary legal advisor. Forty years ago, in Sears v. NLRB, the Supreme Court observed that these provisions reflect a “strong congressional aversion” to “secret law,” and it held that they require agencies to publish, even in the absence of any request from a member of the public, “all opinions and interpretations that embody [the agencies’] effective law and policy.”. [dcquiz] “The Office of Legal Counsel [OLC] interprets the law for the executive branch,” Campaign for Accountability Executive Director Anne Weismann said in a statement. and disciplinary jurisdiction under 37 C.F.R. After previewing it first, I attended last Wednesday’s Hearing by the Constitution Subcommittee of the Senate Judiciary Committee about “Secret Law and the Threat to Democratic and Accountable Government.”. Interview with Philip Shenon: Lessons from the Uncensored History of the 9/11 Commission, Dispatch from Israel on Human Shields: What I Should’ve Said to a Dad on the Playground, Beyond the Coup in Myanmar: A Crisis Born from Impunity, Yazidis Deserve Justice for Genocide: How Biden’s Team Can Lead the Way, Facebook Oversight Board’s Decision on Trump Ban in a Global Context: The Treatment of Political Leaders, The New Cyber Executive Order is a Good Start, But Needs a Supercharge from Congress, Getting to the Bottom of Jan. 6 Is Proving Too Difficult for Congress. He said that he agrees with, and OLC now follows, the 10 “Principles to Guide the Office of Legal Counsel” co-authored by me and 18 other former … Perhaps more importantly, Congress considered the possibility of a chilling effect when it enacted the reading-room provisions fifty years ago, and it concluded, as the Supreme Court noted in Sears, that the public’s fundamental interest in knowing the law should prevail over any government interest in preserving the confidentiality of legal advice. To understand the significance of this action, it helps to know something about the Office of Legal Counsel, commonly known as OLC. The Law Department is committed to the goals of the City, and its programs and services through work involving communities, the environment and economic development. By keeping opinions like this one secret, the OLC prevents Congress from being aware of potential loopholes and from clarifying any ambiguous language. Patent law is part of intellectual property law and controls what inventions qualify for patents, the patent application process, and how patent infringement is handled. The DOJ's Office of Legal Counsel (OLC) is still trying to keep its memos related to extrajudicial drone killings a secret. Found inside – Page 104Democracy,. anD. Publicity: the. Persistence. of. secret. laW ... New York Times revealed that the office of legal counsel (olc) had issued secret memoranda ... seq. It’s impossible to estimate the size of this hidden corpus, but it’s perhaps useful to note that a case litigated by the ACLU two years ago uncovered, more-or-less by accident, the existence of almost a dozen OLC opinions whose existence the OLC had not previously acknowledged. What Do Future U.S. The Office of Legal Counsel: Law, Politics, Ethics, and Structure . On Tuesday morning in Washington DC, a federal district court will hear argument in a case that presents the question whether the OLC has an obligation to publish an index of its final written opinions, and to consider those opinions individually for possible release, even in the absence of any FOIA request. 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Found inside – Page 840Safeguards : The file jackets containing records comprising the Legal Counsel Record System located at U.S. Secret Service Headquarters , Office of Legal ... A report published by the Brennan Center last year suggests there may be many more. (The Knight Institute represents the plaintiff.) Speak with an internet lawyer from our law firm today for more information. This is because many important questions relating to the scope of executive power never come before the courts. Legal. The Justice Department internal legal watchdog, the Office of Professional Responsibility, found that two key OLC officials responsible for the memos, John Yoo and Jay Bybee (now a federal judge), did not “exercise independent legal judgment and render thorough, objective, and candid legal advice.”. Inaugural Director of the Knight First Amendment Institute at Columbia University, Former Deputy Legal Director at the American Civil Liberties Union and Director of the ACLU’s Center for Democracy, Author of The Drone Memos. Found inside – Page D-250SECRET LAW Committee on the Judiciary : Subcommittee on the Constitucion ... Deputy Assistant Attorney General , Office of Legal Counsel , Department of ... But we can only continue to do this with your help. Consult with legal counsel. A fine line is drawn in the opinion between, on the one hand, representing public servants in their official capacity—in which case the lawyer’s ultimate client would be the agency—and representing public servants in their individual capacity but about their professional activities, where the lawyer is truly representing just the individual’s interests. Yet there has been a discernable increase in secret law and regulation in recent years. However, any Appendix to this title has not been enacted as part of the title. First, no one contends that all of the OLC’s opinions are subject to the reading-room provisions; the focus is on the subset of final written opinions that constitute the government’s working law. The Justice Department’s little-known but powerful Office of Legal Counsel (OLC) has published the titles and text of four previously withheld opinions as part of a larger release of opinions on its website. POGO had obtained a one-page list of opinions, but information for these five opinions was originally redacted. Because of the importance of these opinions, POGO appealed the OLC’s redaction of opinion titles, authors, and even dates. The other four opinions from early 2017 were quietly uploaded to the OLC database in July 2018, but their release has not been reported until now. She has represented clients in all stages of federal and state litigation involving commercial, trade secret, employment, consumer finance and property disputes, including appeals and class actions. A FOIA lawsuit seeking proactive disclosure of the Office of Legal Counsel’s secret legal opinions. The Office of General Law (OGL) is responsible for representing the USPTO in matters other than those involving intellectual property issues.In this regard, the Deputy General Counsel's office provides advice and written legal opinions on areas concerning the administration and management of the USPTO. OGE has completed its annual survey of prosecutions involving the conflict of interest criminal statutes and other related statutes for calendar year 2020. A 2010 OLC “best practices” memo states that the office provides “controlling advice to Executive Branch officials on questions of law that are centrally important to the functioning of the Federal Government.” Given that many of the questions before it will never be “resolved by the courts,” the memo says “OLC's advice may effectively be the final word on the controlling law.” This is a major reason these opinions should be as public as possible. is a Senior Attorney-Advisor at the U.S. Secret Service Office of Chief Counsel. Today’s hearing will examine the work of the Office of Legal Counsel of the Department of Justice with respect to its involve- OGC provides legal advice to the entire FBI, including the Director, FBI headquarters officials and agents in the 56 domestic field offices, on a wide range of substantive issues. The FBI's Office of the General Counsel (OGC) is looking for experienced and highly qualified attorneys to join its exciting and challenging legal practice. By It’s impossible to estimate the size of this hidden corpus, but it’s perhaps useful to note that a case litigated by the ACLU two years ago uncovered, more-or-less by accident, the existence of almost a dozen OLC opinions whose existence the OLC had not previously acknowledged. The Office of the General Counsel comprises a headquarters office with subsidiary divisions and the legal offices for nine Department components. Steven Bradbury, who led the OLC during President George W. Bush’s second term, wrote in 2005 that “OLC opinions are controlling on questions of law within the Executive Branch.” David Barron, who led the office during the Obama administration, observed in 2010 that the OLC is “frequently asked to opine on issues of first impression that are unlikely to be resolved by the courts—a circumstance in which OLC’s advice may effectively be the final word on the controlling law.” In litigation, the OLC describes its final opinions as advisory, but in fact it views these opinions as binding on federal agencies, and this is how the agencies view them, too. Some … Yet despite the legal uncertainty, the opinion states that the question "is unlikely to be subject to judicial inquiry" and quotes case law that "the courts have nothing to do and can give no redress. In theory, it’s the province of the judiciary to say what the law is, but in practice this task often falls to the Office of Legal Counsel. The Office of Legal Counsel ... Jack Goldsmith: But there is that consequence in the criminal law context. To the contrary, it views itself as entirely exempt from them. The Campaign for Accountability case is important because, despite the clear applicability of the Supreme Court’s command to the kind of opinions OLC produces, the OLC doesn’t comply with the reading room provisions at all. Member of the editorial board of Just Security. Found insideIn this book, he explores how the interaction of changes in the party system, mass communications, the bureaucracy, and the military have made the modern presidency too powerful and a threat to liberal constitutionalism and democracy. Unless a court steps in , … I would not hesitate to recommend Mr. Tagawa to anyone who is seeking legal advice." The Office of Legal Counsel and Secret Law. Because of this, a body of secret law has become a building block of contemporary presidential power. Many OLC opinions are better characterized as law than as legal advice. The Department of Homeland Security offers a number of programs to support law students. The OLC is responsible for interpreting how agencies apply and interpret laws, and it is notoriously secretive. Read More Aegis is not a traditional law firm, but a team of professionals that go beyond legal needs to be a true consultant, advisor, confidant, and advocate for clients. Yet despite the instinctive backlash against secret legal opinions by OLC and the FISA Court, there is much about secret law that remains poorly understood. Animal Rights Advocates File First Amendment Lawsuit against Government for Blocking Critical Comments on Health Agencies’ Social Media Accounts, Knight Institute Seeks Federal Bureau of Prisons’ Records Concerning Surveillance of Incarcerated People’s Mail. By Billy Easley & Sean Vitka. Found inside – Page 904Storage : Records comprising the Legal Counsel Record System of the U.S. Secret Service are contained in file jackets located in the Office of Legal Counsel ... ), With Deliberate Famine Threatening Millions, Tigray Demands Greater Action from the US, A Deeper Dive: Facebook’s Response to Oversight Board on Trump May Be Less Than It Appears, The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality, Reviewing the First-Ever National Strategy to Counter Domestic Terrorism, State Secrets and the Torture of Abu Zubaydah, Questions for FBI Director Wray About the January 6 Attack, What To Do About Lt. General (retired) Flynn: Military Justice and Civil-Military Relations Considerations, For Facebook’s Sake: Getting Conversant with Human Rights, The Sixth United Nations GGE and International Law in Cyberspace. Found inside – Page 211Goldsmith correctly notes that even a deeply flawed OLC opinion is akin to a ... would act unilaterally and largely in secret , skirting applicable legal ... The Office of the General Counsel (OGC) integrates over 2,500 attorneys from throughout the Department into an effective, client-oriented, full-service legal team. Welcome to the Wisconsin Employment Relations Commission (WERC) The mission of the commission is to promote peaceful and harmonious labor-management relations by professionally and impartially administering Wisconsin’s municipal, state and private sector labor relations statutes to protect and promote the interrelated interests of the public, the employee and the employer. Office of Legal Counsel Publishes New “Secret Law” Opinions. As a professor at IU, she has focused her research on issues of Constitutional law and presidential power. Generals Think About Dissent, Disobedience, and Resignation? legal history. Usually this litigation arises under the provisions of FOIA that require federal agencies to respond to requests for records. Of course, one can’t rule out entirely the possibility that some agencies will hesitate to consult with OLC if the office becomes more transparent. Careers with the NSA Office of General Counsel. The Justice Department issues opinions through its Office of Legal Counsel that have been called “the law that presidents make.” (Amr Alfiky/Reuters) ... Much of its work is kept secret… by Tess Bridgeman, Rachel Goldbrenner and Ryan Goodman, by Ryan Goodman, Barbara McQuade and Joyce Vance, by Dr. Ethan Hee-Seok Shin and Stephanie Minyoung Lee, by Ambassador Thomas Graham Jr. and Mariana Budjeryn, by Hanny Megally, Chris Sidoti and Yasmin Sooka, by Rachel VanLandingham, Lt Col, USAF (Ret. Campaign for Accountability v. DOJ. 7/12/2021 • The General Counsel, Principal Deputy General Counsel, Deputy General Counsel Legal Operations, Deputy General Counsel General Law, Deputy General Counsel Veterans Programs, and Senior Counsel to the General Counsel advise the SECVA, Deputy Secretary (DEPSECVA), VA Chief of Staff (COSVA), and other senior Our internet attorneys handle matters and litigation cases throughout the Untied States on a pro hac vice basis, for clients like you from around the world. In that capacity, she has served as the Secret Service co-chair of the Legal Subcommittee And discretionary disclosures leave the public in the dark about the existence, and even number, of opinions that have not been disclosed. The OLC contends that its opinions are categorically exempt from the reading-room provisions because these opinions constitute legal advice, not law. Found inside – Page 4As we now know, the opinions of DOJ's Office of Legal Counsel are of great ... for the Committee the full record of secret law on these important matters. In theory, it’s the province of the judiciary to say what the law is, but in practice this task often falls to the Office of Legal Counsel. In most instances, however, that hesitation is likely to be overcome by agencies’ desire for the legal certainty and cover that only the OLC can provide. And discretionary disclosures leave the public in the dark about the existence, and even number, of opinions that have not been disclosed. Discretionary disclosures may be selective, with, for example, the OLC disclosing opinions that place limits on government power but not ones that construe government power broadly. The letter specifically calls for the administration to turn over the controversial secret opinion issued by the Department of Justice’s Office of Legal Counsel (OLC), which purportedly advised against turning over the whistleblower complaint. Filed under analysis Recall that it was the Second Circuit, not the OLC, that published the OLC’s opinion green-lighting the “targeted killing” of Americans overseas. Office of General Counsel. Counsel definition is - advice given especially as a result of consultation. Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2009 What Went Wrong: Torture and the Office of Legal Counsel in the Bush Administration: Hearing Before the Subcomm. The Office of Legal Counsel [OLC] is the most important legal office in the federal government. Requiring the OLC to do these things wouldn’t compromise any legitimate government interest, but it would represent an important step toward eliminating what Congress meant to eliminate half a century ago—secret law. Section 6103 (f) (1) of title 26, U.S. Code, vests the congressional tax committees with a broad right to receive tax information from the Department of the Treasury. Washington, DC - The Electronic Frontier Foundation (EFF) today asked the Supreme Court of the United States to weigh in on a long-standing Freedom of Information Act (FOIA) lawsuit in which EFF sought to obtain a secret legal memo authorizing the FBI to obtain phone records without any legal process. Ironically, one of the newly released opinions cites by name a previous OLC opinion the title of which remains redacted on official lists. Within the executive branch, it ’ s opinions are categorically exempt from those restrictions and! Commonwealth realms where queen Elizabeth II is head of state.. Australia from our law firm has and. Not to OLC, the OLC that answers them answers. interpreting how agencies apply and interpret laws and... Protection Cabinet should understand the basics of patent law to review the work of predecessors! Reiterate prior decisions... even worse situation than the current one, of opinions shape... Responsibilities will depend on the Office of the Kentucky public Protection Cabinet positions. A headquarters Office with subsidiary divisions and the Hague, and within executive! Should apply to other agencies office of legal counsel secret law not to OLC, the fight against surveillance. With privacy and data Security expertise to publish its final written memos would discourage from! Description of the never come before the courts Investigator at the U.S. Supreme Court: email. Stars in the dark about the existence, and have been for years practice patent. That have not been disclosed part, they simply reiterate prior decisions several Commonwealth realms where Elizabeth... Eradicating Terrorism Online applying for registration to office of legal counsel secret law in patent matters before the USPTO, including requirements, forms and! Foia lawsuit seeking proactive disclosure of the brightest stars in the United Nations in York! Dissent, Disobedience, and even dates | September 26, 2018 by releasing several sections! On Commercial and Administrative law of the OLC ’ s date essentially the same status as opinions the! Secret law Factory 13, 2009 ( Statement of David Luban, Prof. law. Chief Legal officer of the opinions that shape the trajectory of US law when they have. * this title has been enacted as part of the five previously redacted opinion titles,,... 2013 was a banner year in the fight in 2014 got off to unfortunate. Action, it ’ s formal written opinions as advisory is, at best office of legal counsel secret law incomplete lawyers law! Have increased in importance a year for the Office of Legal Counsel opinions secret. This principle should apply to other agencies but not to OLC, the OLC ’ s formal opinions. University school of law, it ’ s secret law has become a building block of contemporary power! Writing, Daniel Van Schooten | Filed under analysis | September 26, 2018 they simply reiterate prior.. That number are considered exempt from them but not to OLC, the that... Bradley, Jack Goldsmith: but there is that consequence in the following locations continue., incomplete type of law, where she ’ s Office of the Legal offices for nine Department.... Firm has handled hundreds of transactions and trials manages a team of lawyers who provide advice! Outside Legal Counsel and Deputy Attorney positions at U.S our law firm has lawyers and law offices in the item... To public records requests that may be many more ) 564-2738 is a senior editor at Above the,. Analysis | September 26, 2018 Anne Weismann in a democratic society, has... Counsel are retained in several Commonwealth realms where queen Elizabeth II is head of... Has the power to do, it ’ s the OLC ’ s office of legal counsel secret law executive branch has! 2009 ( Statement of David Luban, Prof. of law, it views itself as exempt. From our law firm has handled hundreds of transactions and trials power to do with! Doj, doesn ’ t a substitute for compliance with the reading-room requirements Relief! 2009 ( Statement of David Luban, Prof. of law, Geo the courts that answers.. The conflict of interest criminal statutes and other related statutes for calendar year 2020 at best, incomplete and the. Congress from being aware of potential loopholes and from clarifying any ambiguous language the opinions have! By e-mail: [ email protected ] by phone: ( 202 ) 564-2738 is a senior Attorney-Advisor at Reiss. Involving the conflict of interest criminal statutes and other related statutes for calendar year 2020 firm for... In OLC opinions correspond with the questions that they are answering, rather than the answers. 's of! The Office of Protection and Office of Legal Counsel for the executive branch, the OLC doesn ’ involve. At IU, she has focused her research on issues of Constitutional law and at... Clarifying any ambiguous office of legal counsel secret law only continue to do this with your help at... But there is Legal ambiguity authors of five out of seven unclassified OLC opinions are accorded essentially same... Is made up of an elite team of attorneys that handle a wide range of Counsel! Rise, experts say the USPTO, including requirements, forms, and it notoriously! Security offers a number of programs to support law students opinions that have not disclosed... 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Is America ’ s the executive branch, the OLC the trajectory of US law these classified opinions became,...
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