Reading Room Document

Application of the Emoluments Clause to a Civilian Aide to the Secretary of the Army

This opinion reviews whether William J. Hybl, an aide to the Secretary of the Army, is subject to the Emoluments Clause and thereby prohibited from accepting titles from foreign states. The opinion concludes that the Hybl's position is an office of trust for purposes of the Emoluments Clause, and accordingly Hybl is subject to its restriction. Since "Honorary Consul for Luxembourg" is clearly an “Office or Title” offered by a foreign state, the opinion concludes that Hybl cannot from accepting the consulship while in office. 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 https://justice.gov/olc/page/file/936181/download.

August 29, 1988