Sen. Feingold: Courage Is Key For SCOTUS Justice

Sen. Russ Feingold (D-Wis.) says one of the most important qualities a Supreme Court Justice should have is courage, primarily the courage to stand up to the President and to Congress in order to protect the Constitutional rights of the American people and preserve the rule of law. (0:14)
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Congress needs to know legal justifications, says Feingold

Senator Feingold (D-WI), speaking at a hearing of the Constitution, Civil Rights and Property Rights Subcommittee on "Secret Law and the Threat to Democratic and Accountable Government," says that it is important for the Department of Justice's Office of Legal Counsel (OLC) to release its legal justifications for executive-branch programs. He says the OLC changes its justifications in response to Congressional legislation, so the Congress needs to know the OLC's reasoning. (0:31)
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DOJ says legal opinions should not be public until made into policy

John Elwood, Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice, testifying at a hearing of the Constitution, Civil Rights and Property Rights Subcommittee on "Secret Law and the Threat to Democratic and Accountable Government," says that legal justifications for implemented policies are available to Congress, since operative policy is "law." However, he says there is a confidentiality interest in the legal opinions written by the OLC while they are advising among policy choices. (0:54)
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