By delegation from the Attorney General, the Assistant Attorney General in charge of the Office of Legal Counsel provides authoritative legal advice to the President and all the Executive Branch agencies. ... typically deal with legal issues of particular complexity and importance or about which two or more agencies are in disagreement. The Office also is responsible for providing legal advice to the Executive Branch on all constitutional questions and reviewing pending legislation for constitutionality.
All executive orders and proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President's formal approval.
In this NY Times interview, he openly declares that his responsibility was to the President first and foremost:
Do you regret writing the so-called torture memos, which claimed that President Bush was legally entitled to ignore laws prohibiting torture?
No, I had to write them. It was my job. As a lawyer, I had a client. The client needed a legal question answered.
When you say you had “a client,” do you mean President Bush?
Yes, I mean the president, but also the U.S. government as a whole.
But isn’t a lawyer in the Department of Justice there to serve the people of this country?
Yes, I think you are quite right, when the government is executing the laws, but if there’s a conflict between the president and the Congress, then you have to pick one or the other.
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