AG Says Obama May Not Get Sensitive Legal Opinions Till January

Barack Obama’s Justice Department transition team may not be able to see some sensitive legal opinions until after the January inauguration, even though some of the members have received security clearances.

At a news conference yesterday, Attorney General Michael Mukasey said other entities that sought legal opinions by the Office of Legal Counsel—such as the Defense Department and the CIA—have a say in when the documents are released, the Washington Post reports. Another wrinkle is that some of the documents are highly classified, he said.

Mukasey also said yesterday that he saw no reason for prosecuting those who gave legal advice on terrorism policies that led to waterboarding and other harsh interrogation techniques, Reuters reports.

The Office of Legal Counsel has written several controversial memos regarding treatment of terrorism detainees and electronic surveillance.

Three former lawyers from the Office of Legal Counsel are on Obama’s transition team. They are Indiana University law professor Dawn Johnsen, Georgetown University law professor Martin Lederman and Duke University law professor Christopher Schroeder.

All three professors have criticized so-called torture memos already released in part. Their comments have been published in a blog post last spring for Slate, in Time magazine and in congressional testimony.