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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSessions Ends the Department's Practice of Regulation by Guidance
I see it has started already====
https://www.democraticunderground.com/10141916988
Justice DepartmentVerified account @TheJusticeDept
Attorney General Jeff Sessions Ends the Department's Practice of Regulation by Guidance https://www.justice.gov/opa/pr/attorney-general-jeff-sessions-ends-department-s-practice-regulation-guidance
Link to tweet
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, November 17, 2017
Attorney General Jeff Sessions Ends the Departments Practice of Regulation by Guidance
Today, in an action to further uphold the rule of law in the executive branch, Attorney General Jeff Sessions issued a memo prohibiting the Department of Justice from issuing guidance documents that have the effect of adopting new regulatory requirements or amending the law. The memo prevents the Department of Justice from evading required rulemaking processes by using guidance memos to create de facto regulations.
In the past, the Department of Justice and other agencies have blurred the distinction between regulations and guidance documents. Under the Attorney Generals memo, the Department may no longer issue guidance documents that purport to create rights or obligations binding on persons or entities outside the Executive Branch.
The Attorney Generals Regulatory Reform Task Force, led by Associate Attorney General Brand, will conduct a review of existing Department documents and will recommend candidates for repeal or modification in the light of this memos principles.
Guidance documents can be used to explain existing law, Associate Attorney General Brand said. But they should not be used to change the law or to impose new standards to determine compliance with the law. The notice-and-comment process that is ordinarily required for rulemaking can be cumbersome and slow, but it has the benefit of availing agencies of more complete information about a proposed rules effects than the agency could ascertain on its own. This Department of Justice will not use guidance documents to circumvent the rulemaking process, and we will proactively work to rescind existing guidance documents that go too far.
View the memo here.
Attachment(s):
Download Prohibition on Improper Guidance Memo
Component(s):
Office of the Associate Attorney General
Press Release Number:
17-1309
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Sessions Ends the Department's Practice of Regulation by Guidance (Original Post)
riversedge
Nov 2017
OP
Wellstone ruled
(34,661 posts)1. If you are or planning on watching Richard Engle on MSNBC
this is being explained in real time. Panama and the Trumps.
Nevernose
(13,081 posts)2. How are these 2 things related?
Do you have a quickie version?
Wellstone ruled
(34,661 posts)3. Panama went through this
a few years back. The President of Panama jacked up their Legal System to his advantage.