DOJ OLC legal counsel should explain, in light of the reckless DOJ OLC legal counsel statements on Geneva, why the DOJ OLC legal counsel should be trusted to be immune from independent DOJ IG oversight.

The Department of Justice staff counsel well demonstrate on a daily basis they are allegedly reckless and incompetent, and must be subject to effective, independent oversight. Staff counsel have been linked with non-official use of government computers despite assertions they were too busy to process FISA warrants.

FISA Immunity Lessons

The FISA immunity legislation was the subject of an EFF FOIA. EFF and others were concerned the Department of Justice and telecoms were working hand-in-glove to pressure Congress to provide retroactive immunity to telecoms. It is alleged the telecoms provided illegal support to the US government, in violation of FISA, governing how electronic surveillance will be conducted against American civilians.

The Senate passed legislation granting the telecoms immunity. The House refused to be pressured and is still reviewing the request for immunity. Congress has yet to explain which Constitutional power it is relying to retroactively negotiate contracts between commercial businesses and state citizens.

There is a similar DOJ-led effort to pressure Congress. The Department of Justice is pressuring the House to rubber stamp another Senate Bill that would not grant DOJ IG jurisdiction to review DOJ OLC legal counsel. DOJ OPR is not independent, and the public remains concerned the DOJ IG lacks the needed jurisdiction to review DOJ Staff counsel conduct.

Senate Blocking DOJ IG Oversight of DOJ Staff Counsel

The Senate bill blocking DOJ IG jurisdiction is flawed. It incorrectly presumes the DOJ OLC are not subject to second guessing. DoJ OLC legal memoranda well support this reasonable public concern about the allegedly incompetence of the DOJ OLC legal counsel.

The US government's illegal surveillance program is premised on second guessing American citizens. DOJ Staff cannot explain why some but not others should be subjected to second guessing.

Flawed Government Reasoning

The Department of Justice has not adequately explained why one class of American citizens should be subject to second guessing and subjected to illegal surveillance; but a separate class of civilians in DOJ OLC should be immune to DOJ IG oversight.

The House is reasonable is unilaterally rejecting the Senate bill. The House is a separate chamber. As with the immunity legislation, the House should carefully deliberate the proposed plan to immunize DOJ OLC legal counsel from DOJ IG oversight.