If President Washington Had An Office of Legal Counsel
Over at Point of Order, Michael Stern has an amusing and informative reflection on how President Washington might have responded to a House inquiry into a military defeat in the Northwest Territories, had he had an Office of Legal Counsel intent on frustrating Congressional review. It begins:
Re: Assertion of executive privilege in response to congressional requests for information In preparation for tomorrow’s cabinet meeting, you
Published by The Lawfare Institute
in Cooperation With
Over at Point of Order, Michael Stern has an amusing and informative reflection on how President Washington might have responded to a House inquiry into a military defeat in the Northwest Territories, had he had an Office of Legal Counsel intent on frustrating Congressional review. It begins:
Re: Assertion of executive privilege in response to congressional requests for information In preparation for tomorrow’s cabinet meeting, you have requested the opinion of this office on a matter of some delicacy. On March 27, the House of Representatives appointed a special committee to conduct an investigation of recent military operations initiated by Major General Arthur St. Clair, the governor of the Northwest Territory. As this represents the first time the House has authorized an investigation of this sort, our response will set an important precedent.Both the analysis, and President Washington's historical response are worth considering.
Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University, a Senior Fellow in the Tech, Law & Security program at American University, and a Board Member of the Journal of National Security Law and Policy.
