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4 Dec 2019, 9:00 am by Masha Simonova
The argument comes from a 1995 Office of Legal Counsel (OLC) opinion by Walter Dellinger: “[G]eneral statutes must be read as not applying to the President if they do not expressly apply where application would arguably limit the President’s constitutional role” and “statutes that do not expressly apply to the President must be construed as not applying to the President if such application would involve a possible conflict with the President’s… [read post]
29 May 2019, 12:38 pm by Will Baude
I'm also quite sure there are examples of blog posts or other online media having an effect on Supreme Court arguments or opinions, though I'm not sure that all of the examples documented in the article—Walter Dellinger's comments on NPR, the federalism argument in U.S. v. [read post]
23 May 2019, 7:08 am by Jack Goldsmith
It accepts the rule in the broad formulation set out by OLC chief Walter Dellinger in the 1995 OLC memo. [read post]
23 May 2019, 4:52 am by Bob Bauer
As Walter Dellinger has pointed out, Mueller’s report contains massive amounts of material upon which Congress can make various investigative and oversight judgments. [read post]
22 May 2019, 3:34 pm by Jonathan Shaub
As Walter Dellinger, the former head of OLC and acting solicitor general during the Clinton administration, noted, there is “significant exec[utive] branch support” for the McGahn immunity opinion. [read post]
20 May 2019, 8:21 pm by Steve Gottlieb
Walter Dellinger, former head of the Office of Legal Counsel, in a piece that deserves a lot more circulation, provides the strongest and clearest statement of the Mueller Report, saying: “The report lays out in detail specific acts of obstruction by the president, as well as the extensive evidence that backs up those claims. [read post]
17 May 2019, 11:41 am by Josh Blackman
Indeed, the 1995 OLC opinion by Walter Dellinger gave a generous reading to Franklin v. [read post]
12 May 2019, 1:01 pm by Benjamin Wittes
I am far too good a lawyer—despite not being one at all—to take on Jack Goldsmith on a matter combining statutory interpretation, the presidency, and the historic positions of the Justice Department’s Office of Legal Counsel without a healthy dose of humility. [read post]
11 May 2019, 7:18 am by Jack Goldsmith
” In a much-cited 1995 opinion by Walter Dellinger, OLC described the presidential clear statement rule as follows: “[G]eneral statutes must be read as not applying to the President if they do not expressly apply where application would arguably limit the President's constitutional role. [read post]
7 Apr 2019, 6:45 am by John Floyd
  In a recent op-ed piece in the Washington Post titled “How the Mueller report can still threaten Trump’s legitimacy,” Douglas Maggs emeritus professor of law at Duke University Walter Dellinger made this particularly poignant observation:   “During my years of teaching constitutional history, I reviewed day-by-day the debates at the 1787 Philadelphia Convention. [read post]
26 Feb 2019, 1:10 pm by Jessica Lang
A former Assistant Attorney General in the Clinton Administration, Walter Dellinger, explained: We believe in a clean slate principle. . . . [read post]
25 Feb 2019, 7:13 am by Marty Lederman
  I’m responsible for one of those amicus briefs, on behalf of Walter Dellinger and myself. [read post]
21 Feb 2019, 9:05 am by Eugene Volokh
Professors Walter Dellinger and Marty Lederman even filed in support of neither party, saying that this particular Peace Cross ought not be a problem, but other ones they can imagine probably would be. [read post]
14 Jan 2019, 11:58 am by Philip Bobbitt
Both Professors Akhil Amar and Walter Dellinger—and Professor Tribe himself—have suggested that a sitting president might be indicted but not prosecuted. [read post]
4 Jan 2019, 6:20 am by Jack Goldsmith
” The Dellinger opinion cited six Supreme Court decisions (Franklin v. [read post]
20 Dec 2018, 8:55 am by Laurence H. Tribe
Former OLC head Walter Dellinger has authoritatively canvassed the complex history of the Justice Department’s wavering views on the indictment of a sitting president and analyzed the arguments underlying the relevant OLC memos and executive branch submissions to the Supreme Court. [read post]
15 Dec 2018, 1:28 pm by Mitu Gulati
  We ended up having a fun discussion with my two wonderful con law colleagues, Walter Dellinger and Joseph Blocher. [read post]
18 Nov 2018, 2:30 pm by David Lat
* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [read post]