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Washington, DC
Joined October 2020
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ElliotGaiser retweeted
.@ElliotGaiser on the Office of Legal Counsel:
“OLC is almost like the boutique law firm that is brought in to resolve the most complicated and challenging legal questions.”
ElliotGaiser retweeted
Assistant Attorney General @ElliotGaiser joins us on this week’s episode of The Arena.
We discuss the role of the Office of Legal Counsel, a lawyer’s responsibility to their client, and the bombshell reporting that thousands of non-citizens are registered to vote in New Jersey.
Tune in!
00:00 - Intro
00:26 - AAG Elliot Gaiser Joins the Show
01:15 - What Is the Office of Legal Counsel?
01:49 - Why Courts Don’t Give Legal Advice
02:49 - OLC Opinions
04:03 - Advocate vs. Counselor: A Lawyer’s Two Roles
05:58 - OLC: The Boutique Firm for Thorny Questions
07:08 - Standing on the Shoulders of Giants
07:40 - How Big Is OLC? A Typical Day
08:38 - OLC vs. the Solicitor General
10:03 - Reviewing Executive Orders: Form and Legality
11:18 - How OLC Opinions Set Precedent
13:00 - How an OLC Opinion Gets Written
14:13 - The 1996 Welfare Reform Opinion
16:58 - Overturning Chevron After Loper Bright
18:37 - When Agencies Ignore the Plain Text
22:56 - The Obama Phone Program (FCC Lifeline)
25:28 - Lawyers Who Think They’re the Decision-Maker
30:00 - DOJ’s Ultimate Client Is the American People
31:00 - Advice for Aspiring OLC Lawyers
34:24 - Finding the Path to ‘Yes’
38:30 - Disparate Impact, Title VII, and the EEOC
42:37 - In a Different Life
43:55 - Why Gaiser Skips the Bad Legal Take
45:10 - Bad Legal Takes!
45:38 - New Jersey’s Voter Roll Claim
60:37 - Outro
ElliotGaiser retweeted
"As we celebrate 250 years of American independence, there is no better time to reject the pernicious claim that we must sacrifice merit on the altar of equality," @TheJusticeDept's @ElliotGaiser and @joshjcraddock write. wapo.st/4yvdrfY
ElliotGaiser retweeted
The racial spoils system just suffered a massive defeat.
Disparate-impact liability turned NEUTRAL standards into legal liability and mandated pseudo-racial balancing. That judicially created regime is dead.
Great work @DAGToddBlanche and all of DOJ.
ElliotGaiser retweeted
Excellent op-ed about an important OLC opinion.
The Trump administration’s fight against unlawful disparate-impact liability under Title VII is good for business and the Constitution.
It was great to be published with @joshjcraddock in @wapo this morning!
ElliotGaiser retweeted
Last week, our chapter was honored to present the Lee Liberman Otis award to Adam K. Mortara (‘01). This award recognizes dedication to public service and a commitment to the ideals of the Federalist Society. Thank you to Lee Liberman Otis (‘83) and to Otis Award Chair David Park for their opening remarks.
ElliotGaiser retweeted
It has been the singular honor of my lifetime to serve at the helm of the great @CivilRights @TheJusticeDept! We are turning this ship in the right direction of protecting the rights of ALL Americans!
ElliotGaiser retweeted
Hot off the presses! Can Congress prohibit mailing handguns and revolvers in interstate commerce? The legal eagles and appellate assassins at @TheJusticeDept explain why the answer is "No." That law impermissible burdens the Second Amendment under Bruen. An @ElliotGaiser special!
ElliotGaiser retweeted
The light shines in the darkness, and the darkness did not overcome it.
- John 1.5
ALT Inside York Minster cathedral. The Great East Window is illuminated by the early morning sunlight which is streaming through. The vibrant colours of this ornate window are striking agains the dark backdrop of the inside of the cathedral.
ElliotGaiser retweeted
Merry Christmas from Cleveland, Ohio
Swipe to see some of my favorite Christmas Trees in and around The Land.
ElliotGaiser retweeted
"The Department of Justice is closing a Democrat-created bureaucratic loophole that has allowed legal and illegal migrants to get a huge quantity of taxpayer aid since 1997."
breitbart.com/economy/2025/1…
ElliotGaiser retweeted
Hot off the presses! Everyone knows federal taxes cannot pay for abortions. But President Biden's DOJ told the VA that it could. That was wrong. And @TheJusticeDept OLC explains why. Glad to see President Trump and @AGPamBondi protecting life! Lifesaving work by @joshjcraddock
ElliotGaiser retweeted
Correct. During a wave of public concern about mass migration in the nineties Congress passed, and Clinton signed, new laws to block migrant welfare. But federal bureaucrats immediately nullified those rules and spent the next three decades sabotaging them without resistance.
ElliotGaiser retweeted
Cheers to @AGPamBondi, Office of Legal Counsel head @ElliotGaiser, and the rest of President Trump's bold and fearless Justice Department team for having the courage to declare the obvious:
Government-sponsored racial discrimination is illegal, and it must end now.
Hot off the presses! OLC finds that grant programs for minority-serving higher education institutions are unconstitutional race-based discrimination. @TheJusticeDept is ending state-sponsored discrimination at colleges and universities. War on woke under @AGPamBondi continues!
ElliotGaiser retweeted
Special shout out to the crack team at OLC -- here, with the opinion signed by @ElliotGaiser and @joshjcraddock Read the full opinion here: justice.gov/olc/media/142157…
ElliotGaiser retweeted
Hot off the presses! @TheJusticeDept is reversing a Clinton-era interpretation of welfare laws that allowed American taxpayer dollars to flow to ineligible and illegal aliens. Another big move thanks to President Trump & @AGPamBondi. Great post-Chevron analysis by @ElliotGaiser
ElliotGaiser retweeted
Yuuuuuuge.
Hot off the presses! @TheJusticeDept is reversing a Clinton-era interpretation of welfare laws that allowed American taxpayer dollars to flow to ineligible and illegal aliens. Another big move thanks to President Trump & @AGPamBondi. Great post-Chevron analysis by @ElliotGaiser