http://www.fas.org/blog/secrecy/2007/01/various_resources-2.html Secrecy News from the FAS Project on Government Secrecy Mon, 13 Feb 2012 21:51:01 +0000 hourly 1 http://wordpress.org/?v= http://www.fas.org/blog/secrecy/2007/01/various_resources-2.html/comment-page-1#comment-699 Mark Fenster Fri, 05 Jan 2007 23:36:21 +0000 http://fasweb.beacontec.com/blog/secrecy/2007/01/various_resources-2.html#comment-699 I imagine you already knew this or someone has already brought this to your attention, but an interesting, if unsurprising, bit of trivia about the OLC memo whose release you announced: Jay Bybee, the assistant AG who signed the memo (and now judge on the 9th Circuit) wrote a very well-placed law review article while he was an academic that argued FACA is unconstitutional: "Advisingthe President: Separation of Powers and the Federal Advisory Committee Act," 104 Yale L.J. 51 (1994). He is now more famous for his role in the torture memos (which didn't stop him from being confirmed to the federal bench), but I imagine he quite enjoyed authoring this memo, especially the final sentence of the penultimate paragraph (that you summarized in your notice), which would pretty much render FACA a nullity. I imagine you already knew this or someone has already brought this to your attention, but an interesting, if unsurprising, bit of trivia about the OLC memo whose release you announced: Jay Bybee, the assistant AG who signed the memo (and now judge on the 9th Circuit) wrote a very well-placed law review article while he was an academic that argued FACA is unconstitutional: “Advisingthe President: Separation of Powers and the Federal Advisory Committee Act,” 104 Yale L.J. 51 (1994). He is now more famous for his role in the torture memos (which didn’t stop him from being confirmed to the federal bench), but I imagine he quite enjoyed authoring this memo, especially the final sentence of the penultimate paragraph (that you summarized in your notice), which would pretty much render FACA a nullity.

]]>