Sen. Whitehouse Reveals Smoking Gun of White House Claiming Not to Be Bound by Any Law

This post, written by Faiz Shakir, originally appeared on Think Progress

This morning, Sen. Sheldon Whitehouse (D-RI) delivered an impassioned floor speech to help frame the debate over FISA reform. Using his privilege as a member of the Senate Intelligence Committee, Whitehouse said he has "spent hours poring over" secret opinions issued by the Department of Justice's Office of Legal Counsel (OLC) -- and he took notes.

Whitehouse is a lawyer, a former U.S. Attorney, a former legal counsel to Rhode Island's Governor, and a former State Attorney General. He said he sought and received permission to have his notes declassified because he wanted to show the public "what the Bush administration does behind our backs when they think no one is looking."

"To give you an example of what I read," Whitehouse said on the Senate floor, "I have gotten three legal propositions from these secret OLC opinions declassified. Here they are, as accurately as my note-taking could reproduce them from the classified documents":
1. An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.

Understand the importance of honest news ?

So do we.

The past year has been the most arduous of our lives. The Covid-19 pandemic continues to be catastrophic not only to our health - mental and physical - but also to the stability of millions of people. For all of us independent news organizations, it’s no exception.

We’ve covered everything thrown at us this past year and will continue to do so with your support. We’ve always understood the importance of calling out corruption, regardless of political affiliation.

We need your support in this difficult time. Every reader contribution, no matter the amount, makes a difference in allowing our newsroom to bring you the stories that matter, at a time when being informed is more important than ever. Invest with us.

Make a one-time contribution to Alternet All Access, or click here to become a subscriber. Thank you.

Click to donate by check.

DonateDonate by credit card
Donate by Paypal

Don't Sit on the Sidelines of History. Join Alternet All Access and Go Ad-Free. Support Honest Journalism.