Guest: Attorney Stephanie Krent of the Knight First Amendment Institute, at Columbia University. 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. The OLC opinions are often cited in the news as part of the opinions that shape the trajectory of US law. Many of these opinions resolve inter-agency disputes – others give guidance to the President – and those around him – ultimately these opinions become binding precedent having the force and effect of law. The OLC is often referred to as the ‘Supreme Court’ of the ‘Executive Branch.’ Yet, unlike US Supreme Court opinions, many of the OLC opinions have remained ‘secret’ – even when there is no national security issue that relates to the opinions. So why are so many kept opinions routinely kept secret when they contain no classified information? From the issues surrounding the Mueller Report, including whether a ‘sitting president’ can be prosecuted for a crime while in office – to a host of other executive branch regulatory opinions – the Knight First Amendment Institute litigates many First Amendment issues in the courts – to bring sunlight and transparency to lawmaking – rules and regulations that ultimately affect the American people. Because Democracy dies in darkness – the Institute is working to shed light on what would otherwise be rule-making in the dark of night.
