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10. Memos are used in determining government legal decisions
Wed May 20, 2026, 01:02 AM
Wednesday

Trump-revised DOJ language (from Google/AI accomplices):

“… memoranda on executive branch powers, primarily authored by the Office of Legal Counsel (OLC), serve as binding internal legal opinions that interpret the U.S. Constitution and guide federal actions. Historically, these memos have vigorously asserted robust presidential power and the doctrine of the unitary executive.

Key DOJ memos and doctrines define executive powers as follows:The Unitary Executive Theory: OLC memos historically argue that Article II of the Constitution vests all executive power directly in the President. This theoretical framework asserts that the President must have absolute, unhindered authority to direct and remove executive branch officials, effectively nullifying congressional attempts to create fully "independent" agencies.

Protection of Presidential Prerogatives: DOJ opinions maintain that executive branch lawyers have a constitutional duty to protect the President's powers from inadvertent or intentional legislative (congressional) and judicial encroachment.Immunity from Indictment: A landmark OLC opinion establishes that the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its assigned functions.

Executive Privilege: The DOJ details the framework for invoking Executive Privilege, arguing that presidential communications and internal deliberations must be kept confidential to protect the President's ability to receive candid, informed advice.

You can read more about the constitutional constraints and principles OLC addresses in the DOJ Separation of Powers Memorandum.

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