Reading Room Document

Mandatory Disclosure of Civil Rights Cold Case Records

The mandatory disclosure regime in S. 3191, the Civil Rights Cold Case Records Collection Act of 2018, could curtail the President's ability to protect information subject to executive privilege. S. 3191 unconstitutionality restricts the qualifications for appointees to the Civil Rights Cold Case Records Review Board and unconstitutionally dictates the timing of their appointments. S. 3191 unconstitutionally restricts the President's supervision of the Executive Branch by prohibiting the President from removing Review Board members absent cause. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/olc/file/1349726/download.

February 4, 2019