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Reading Room Document

Swift Justice Authorization Act

This opinion reviews the Swift Justice Authorization Act ("SJAA") proposed by Senator Patrick Leahy, which authorizes the president to detain suspected terrorists and conduct military commission trials. The opinion conludes that the SJAA is not only unnecessary, because the president already has that authority as commander in chief, but also unconstitutional, since Congress lacks the authority to set the terms and conditions on the president's authority as commander in chief. This opinion was partially rescinded in 2009. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/docs/memojusticeauthorizationact0482002.pdf.

April 8, 2002

The OLC's Opinions

Opinions published by the OLC, including those released in response to our FOIA lawsuit

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Free Speech & Social Media

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Knight Institute Says Visa Revocations Over Charlie Kirk Criticism Are Unconstitutional

     

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Appeals Court Revives Journalists’ Case Against Spyware Manufacturer NSO Group

Spyware manufacturers should be held accountable in U.S. courts for actions violating U.S. law, Knight Institute says

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Transparency & Democracy

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Knight Institute Seeks Immediate Release of Trump Administration Agreements with Major Law Firms

 Says records are key to public’s understanding of administration’s vindictive campaign against political opponents

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The Science of Chilling Effects

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The Science of Chilling Effects

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