Sen. Dick Durbin, D-Ill., is pressing the Department of Justice to disclose and clarify legal opinions on a president's authority to use the military domestically, citing transparency as critical in light of potential risks under future administrations, The Hill reported.
Durbin, the leading Democrat on the Senate Judiciary Committee, has formally called on Attorney General Merrick Garland to release internal Justice Department opinions regarding presidential military powers.
In a letter obtained by The Hill, Durbin emphasized the urgency of public clarity on the domestic use of military forces and called for the withdrawal of several controversial memos issued by the Office of Legal Counsel.
Durbin's letter comes just weeks before the inauguration of President-elect Donald Trump, who has suggested using the military to implement sweeping immigration enforcement measures.
"I request that the Department of Justice publicly release opinions and manuals pertaining to the domestic use of the U.S. military," Durbin wrote. "The American people have a right to know how the Executive Branch interprets the President's constitutional and statutory authority to use the military domestically."
The OLC, a key arm of the DOJ, provides legal advice on executive powers and has previously issued guidance on when and how a president may deploy military forces within U.S. borders. Some of these legal opinions remain classified, which Durbin argues undermines public trust and transparency.
Durbin's concerns extend to the risk of domestic military use for suppressing protests or conducting mass deportations.
"The need for transparency regarding these legal interpretations is particularly urgent today," he wrote, pointing to growing public concern over the potential misuse of military authority in civilian matters.
Durbin also urged Garland to rescind five OLC memos that he believes overextend presidential powers. He did not specify the exact content of these memos but suggested they could facilitate actions inconsistent with democratic principles.
The request comes amid broader concerns about the future direction of the DOJ under Trump's leadership.
Trump has tapped former Florida Attorney General Pam Bondi for the attorney general role and has picked Kash Patel, a staunch loyalist and author of a book advocating for accountability of "government gangsters," to lead the FBI.
Additionally, key DOJ positions are expected to be filled by members of Trump's legal team from previous criminal trials.
The Justice Department has yet to indicate whether it will act on Durbin's requests.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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