The OLC
Astrid Da Silva

The OLC's Opinions

Opinions published by the OLC, including those released in response to our FOIA lawsuit

This Reading Room is a comprehensive database of published opinions written by the Justice Department’s Office of Legal Counsel (OLC). It contains the approximately 1,400 opinions published by the OLC in its online database and the opinions produced in Freedom of Information Act litigation brought by the Knight Institute, including opinions about the Pentagon Papers, the Civil Rights Era, and the War Powers Act. It also contains indexes of unclassified OLC opinions written between 1945 and February 15, 1994 (these indexes were created by the OLC and intended to be comprehensive). We have compiled those indexes into a single list here and in .csv format here. This Reading Room also contains an index of all classified OLC opinions issued between 1974 and 2021, except those classified or codeword-classified at a level higher than Top Secret (the OLC created this index, too, and intended it to be comprehensive).

The Knight Institute will continue updating the reading room with new records. To get alerts when the OLC publishes a new opinion in its database, follow @OLCforthepeople on Twitter.

Showing 19711980 of 2202

  • Available legal action to prevent importation of the Soviet magazine Sputnik

    This opinion assessed the legal options available to prevent importation of Sputnik, an English-language magazine written in the Soviet Union but printed in Finland. The OLC advised that the importation of Sputnik likely did not fall within penal forfeiture laws, agreeing with the State Department and disagreeing with the U.S. Information Agency. The OLC also assessed whether a presidential proclamation barring Sputnik’s importation or assessing additional duties on it would violate trade treaties between the United States and Finland, and considered whether new legislation could be easily passed to prohibit importation of materials outside a formal cultural exchange agreement. In describing the First Amendment concerns that might arise, the OLC noted that both the magazine’s distributors and readers might lodge a First Amendment complaint. Ultimately, the OLC concluded that a constitutional challenge would be unlikely to succeed if the government described the importation controls as “designed primarily to [e]nsure reciprocity in the exchange of ideas” rather than “to prevent or diminish the flow of printed materials into the United States based on its contents.”

    5/16/2022

  • Executive Order 10501

    This memo examined whether the language of Exectuive Order 10501 should be altered to avoid the disclosure of sensitive defense information under the newly-enacted Freedom of Information Act.

    5/16/2022

  • Warren Commission ‐‐ autopsy notes

    This memo describes the process taken in developing the autopsy report of President Kennedy following his assassination. The OLC noted that the only pertinent testimony was that of Dr. Humes, the physician who drafted the autopsy report.

    5/16/2022

  • Warren Commission Exhibits

    The OLC explained that, when a list of exhibits referred to in the Warren Commission report was published, there would be gaps in the sequence of the FBI exhibit numbers. These gaps were largely attributable to the Commission's attempt to avoid duplication by omitting FBI exhibits that were later given Warren Commission exhibit numbers. To avoid speculation that the gaps mean that there are missing exhibits, the OLC advised the FBI to prepare a list to document the disposition of each of the FBI exhibit numbers.

    5/16/2022

  • Effect of the new "Public Records Statute" upon the public availability of items given to the United States and placed in the Archives under section 6(d) of the Federal Records Act of 1950

    The OLC was asked to analyze provisions of the newly passed Freedom of Information Act. After analyzing the meaning of the words “record” and “historical materials” under the provisions in question, the agency noted that “it would appear arguable” that FOIA “applies only to papers, reports, photographs and not to objects such as a desk.” The OLC also concluded that since 44 U.S.C. § 397(e) “specifically authorizes the acceptance of papers and others historical materials subject to restriction as to their usage, the items in question [were] specifically exempted from disclosure ” under FOIA Exemption 3.

    5/16/2022

  • Redistricting of California

    This memo examined proposed orders from the Southern District of Califonia detailing the venue for preexisting cases once the redistricting of California’s federal courts was accomplished. The OLC found the proposed order for civil cases to be appropriate, but it presented a series of recommendations with respect to criminal cases.

    5/16/2022

  • The authority and procedures for releasing for public disclosure certain of the documentary material that was produced or acquired by the President's Commission on the Assassination of President Kennedy (the Warren Commission)

    The Archivist of the United States and the Deputy Administrator of General Services asked the OLC for guidance on releasing documents produced or provided to the Warren Commission in connection with its investigation into President Kennedy’s assassination. The OLC noted that because the Warren Commission no longer existed and had transferred all of its records, papers, and other documentary material to the National Archives, the National Archives had the authority to review the material and to determine what should be disclosed to the public. The OLC also suggested that the National Archives conduct subsequent reviews of withheld material until it would eventually all be released.

    5/16/2022

  • Federal Action to Restore Civil and Political Rights to Convicted Persons

    This memo examined how the federal government might restore the civil and political rights of convicted persons. It found that while the federal government could remove many disqualifications imposed by federal law, the government likely could not offer an amnestied offender a full restoration of the rights of state citizenship. It further recommended that any action be limited to first offenders showing evidence of rehabilitation.

    5/16/2022

  • Government-sponsored foreign affairs research

    This memo requested information on foreign affairs research projects being sponsored by the Justice Department so that the OLC could whether clearances from the Department of State were necessary.

    5/16/2022

  • Electoral College Reform

    10/27/2020

Related Content