It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
On December 7, 2007, Senator Sheldon Whitehouse, as a member of the Senate Intelligence Committee, disclosed on the floor of the US Senate that he had declassified three legal documents of the Office of Legal Counsel (OLC) within the Department of Justice that state:
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.
2. The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.
3. The Department of Justice is bound by the President’s legal determinations.
Whitehouse said, “These three Bush administration legal propositions boil down to this: one, ‘I don’t have to follow my own rules, and I don’t have to tell you when I’m breaking them’; two, ‘I get to determine what my own powers are’; and three, ‘The Department of Justice doesn’t tell me what the law is, I tell the Department of Justice what the law is.’”