The CRS report, prepared by a legal specialist, finds that the OLC memo ignored a whole lot to get that conclusion. Perhaps most importantly, the report points out that the law governing the commission had been changed in 1983 when President Ronald Reagan tried to stack the commission with his own appointees. The law was specifically tailored to prevent such scheming. But Bush found a way anyway. And so the report concludes: "it is likely that a reviewing court would find the OLC opinion unpersuasive and the recent appointments violative of the political balance requirements of the statute."
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Jan 8, 2008
Bush - Stacking the Deck
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