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is not persuaded that it should ac- Schroeder said investigating
cord the weight and legal force OLC memos for evidence of inap-
the President ascribes to the DOJ propriate political influence would
Memos.” likely not be feasible.
U.S. District Judge Amy Ber- Christopher Schroeder, “It is very difficult to ascertain
man Jackson of the District of a Duke University intent when you’re reviewing a
Columbia also excoriated the Jus- law professor, told formal legal opinion,” he said. “It
tice Department for its handling the Senate Judiciary would require, it seems to me, a
of an OLC memo on the potential Committee that he would great deal of forensic inquiry into
prosecution of Trump after the provide “impartial and the circumstances around the cre-
Mueller investigation, a memo the independent” legal advice ation of opinions about which we
department has fought to keep se- if confirmed. don’t keep precise records. We
cret. keep precise records about what
The OLC’s memo that McGahn we write, not about interactions of
was immune from congressional the kind that might lead to an in-
testimony also fell apart under ju- terest in exploring the possibility
dicial scrutiny. of improper influence.”
Whitehouse expressed frustration that OLC is- Schroeder also committed to being as transparent
sued that opinion even though a similar immunity as possible in releasing OLC opinions “in a timely
argument made during the Bush administration was manner,” but said some requests to the office come
rejected by the D.C. District Court in 2008. He said with the condition that the memo will remain con-
the move suggested that OLC has disregarded court fidential. A district court judge ruled last year that
decisions and has fallen from its place as the “high some OLC memos may be subject to public records
temple of law at the Department of Justice.” requests.
Committee Democrats called on Schroeder to Testifying alongside Schroeder was Helaine
review past opinions issued by the Office of Legal Greenfeld, Biden’s nominee to lead DOJ’s Office of
Counsel with an eye on political influence. Sen. Legislative Affairs.
Richard Blumenthal, D-Connecticut, suggested the In response to complaints from members of both
nominee should examine whether past memos vio- parties about the Justice Department stonewalling
lated the law. congressional requests for information, Greenfeld
Schroeder said he could not come into the posi- repeatedly assured senators that she will respond to
tion with “an agenda” to reexamine past decisions, every request from the Hill and offer an explanation
but said if there are memos issued under prior ad- when information is deemed confidential. ■
ministrations that relate to issues under discussion
in the Biden administration, “we look to them for Andrew Goudsward is a reporter based in Washing-
what they have said and if we determine that they ton covering the Justice Department and regulatory
are mistaken, we will not hesitate to revise them and affairs. Contact him at [email protected] and
revisit them.” follow him on Twitter @agoudsward.

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