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Context of 'September 8, 2003: OLC Writes Secret Memo Regarding FOIA Request for Detainee Treatment Information'

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The new head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, sends a classified memo to Deputy Attorney General James Comey. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns classified foreign intelligence activities (see February 25, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file] (The ACLU has Goldsmith as the author of the memo, even though he is not nominated for the OLC slot until May 2003 [Savage, 2007, pp. 183] , and will not be confirmed for the position until five months after that (see October 6, 2003). The reason for the apparent discrepancy is not immediately discernible.)

Entity Tags: US Department of Justice, American Civil Liberties Union, Jack Goldsmith, James B. Comey Jr., Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Sheldon Bradshaw, a deputy assistant attorney general at the Justice Department’s Office of Legal Counsel (OLC), sends a memo to Roz Rettman of the Office of Management and Budget. The memo remains secret, but it concerns an unspecified piece of draft legislation. It is in response to a Freedom of Information Act Request for documents concerning the treatment of detainees. [ProPublica, 4/16/2009]

Entity Tags: Sheldon Bradshaw, Office of Legal Counsel (DOJ), Roz Rettman, Office of Management and Budget

Timeline Tags: Civil Liberties

The head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, and OLC lawyer Robert Delahunty, send a classified memo to the Defense Department. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Geneva Conventions as they apply to the treatment of detainees in US custody. Presumably, the memo is in reference to previous legal advice submitted to Goldsmith by an OLC attorney-adviser regarding Geneva (see October 31, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: US Department of Defense, Office of Legal Counsel (DOJ), American Civil Liberties Union, Geneva Conventions, Jack Goldsmith, US Department of Justice, Robert J. Delahunty

Timeline Tags: Civil Liberties

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