Before he was tapped to co-chair the Obama transition team, John Podesta, during a Senate hearing last September on “restoring the rule of law,” criticized a Bush administration policy holding that because a president could revoke or amend an executive order at any time, he could just depart from it without expressly revoking or waiving it, or even suspend it for a day.
Using the now infamous example of the secret order authorizing the National Security Agency to intercept the international electronic communications of U.S. citizens without a court order, Podesta said such a policy leaves the current state of the law unknown, makes oversight impossible and frustrates legislating.
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