Document Type
Article
Abstract
The Office of Legal Counsel (OLC) provides many crucial functions within the U.S. Department of Justice and the executive branch for the presidency. One of its most important duties is to provide expert legal advice through written opinions that often serve as important constitutional interpretation. Some of the most common constitutional questions posed to the OLC involve matters of executive privilege and how to oversee for the president the possibility of impeachment. This paper studies the publicly available OLC opinions on this essential topic of the interplay of executive privilege and impeachment resistance by outlining the time-tested legal arguments that have become the basis for noteworthy precedents in American history. These arguments have also served as the backdrop for either the president’s ability to receive confidential advice or possibly face the most extreme version of congressional oversight. The result is an interesting story because these two constitutional principles are often considered inseparable in the American constitutional system, especially in the modern era.
Recommended Citation
Billy Monroe, The Office of Legal Counsel: Historical Opinions About Executive Privilege and Impeachment, 18 ConLawNOW 275 (2026)