Annie L. Owens

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Thwarting the Separation of Powers in Interbranch Information Disputes

The Office of Legal Counsel (OLC) advises the President in information disputes with Congress. This Essay analyzes how OLC’s increasingly aggressive separation-of-powers advice, the Trump Administration’s utilization of OLC opinions to resist congressional information requests, and congressional acquiescence threaten separation-of-powers principles by exalting the executive branch at Congress’s expense.