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).
Some opinion descriptions were drafted by the OLC, some were prepared by Knight First Amendment Institute staff, and some were generated using AI tools.
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 2071–2080 of 2214
-
Authority of the Secretary of Agriculture to close certain agricultural research stations.
The document discusses the authority of the Secretary of Agriculture to close twenty agricultural research stations for reasons of economy and efficiency. It presents the argument that the Secretary has the power to determine which research stations may be closed, while some members of the Subcommittee disagree. The document also examines the specific legislation related to the establishment of one of the research stations and concludes that the Secretary has the authority to review the need for and the efficiency of specific installations. The questions presented for review include whether the original appropriations for construction and the annual appropriations for operations require the continuation of the facilities, and whether the action contemplated by the Secretary is within his authority and does not depend on a grant of permission by Congress.
10/27/2020
-
Federal City Council.
The document addresses the question of whether the Council in question is a private or public body. It concludes that the Council is a private organization made up of volunteer members from the private sector, founded in 1954 to address metropolitan area problems. The document also mentions the adoption of a policy to invite federal officials to serve in an advisory capacity. The questions presented for review include the nature of the Council as a private or public body, as well as the involvement of federal officials in an advisory role.
10/27/2020
-
Title VI of the Civil Rights Act: School Lunch Program in Private Schools.
The document discusses the issue of whether the school lunch program should be continued in segregated private schools. It highlights the lack of specific regulations addressing school segregation under the program and the implications of not requiring integration for public schools participating in the program. The conclusion reached is that there is no commitment against requiring integration in private schools, and the Department of Agriculture is inclined to do so unless there is dissent. The questions presented for review include whether integration should be required in private schools participating in the school lunch program and the implications of using alternative means, such as Title IV, to achieve desegregation.
10/27/2020
-
Authority to "take action" under section 232(b) of the Trade Expansion Act of 1962.
The document discusses the authority to take action under section 232(b) of the Trade Expansion Act of 1962, specifically regarding the determination of the effects of imports on national security. The conclusion reached is that the President, not the Director, is the one authorized to take action under this section. The document presents the question of whether the action to be taken should be by the President or the Director, and it provides a grammatical and legislative history analysis to support the conclusion that the President is the one authorized to take action. The document also includes a concise summary of the questions presented for review, such as the interpretation of the language in the section and the legislative history of the Trade Expansion Act of 1962.
10/27/2020
-
Attached inquiry from U.S. Attorney for Northern District of Illinois [regarding application of the Hatch Act to AUSA running for elected office]
The document is a response to a request for views on whether an Assistant U.S. Attorney can run for local office. The conclusion reached is that candidacy in local elections is not prohibited by the Hatch Act, as long as the candidates do not identify with major political parties. The document also discusses the regulations that permit federal employees to hold part-time state or local office, as long as it does not interfere with their federal duties. The questions presented for review include whether the Assistant U.S. Attorney's candidacy would interfere with their federal duties and whether it would involve any prohibited political activity.
10/27/2020
-
Removal of the Comptroller of the Currency.
The document discusses the legal principles applicable to the removal of the Comptroller of the Currency before the expiration of his term. It concludes that the President has the authority to remove the Comptroller for any reason, as long as it is satisfactory to him. The document presents a detailed list of instances where the Comptroller, Mr. Saxon, has been uncooperative and has caused serious problems for the Department of the Treasury. It also recommends supporting the Secretary of the Treasury's recommendation for the removal of Mr. Saxon and suggests a communication to the Senate explaining the reasons for his removal.
10/27/2020
-
Legal Status of Disabled Judge.
The document discusses the legal status of a disabled judge and the implications of retirement due to disability. It concludes that a judge who becomes permanently disabled and has not completed ten years of service is entitled to full salary if a certificate of disability is signed by a majority of the Judicial Council of his circuit and accepted by the President. The document presents questions regarding the interpretation of the retirement statute, the compensation of federal judges, and the process for appointing an additional judge in case of disability. It also raises the issue of whether a judge who is retired due to disability is entitled to full pay and whether it violates the Constitution.
10/27/2020
-
Whether Executive Order No. 10925 of March 6, 1961, as amended by Executive Order No. 11114 of June 22, 1963, together providing for the inclusion of prescribed non‐ discrimination clauses in government contracts, may be applied to the employment practice
The document is a legal opinion regarding whether Executive Order No. 10925 and Executive Order No. 11114, which provide for the inclusion of non-discrimination clauses in government contracts, apply to the employment practices of national banks acting as depositaries of federal funds. The conclusion reached is that contracts of deposit with banks, made by the federal government under circumstances where the bank is free to accept the funds or not, would be covered by these orders. The document presents a review of the contractual relationship between banks and depositors, the applicability of the executive orders to government contracts, and the necessity of mutual consent in the contractual nature of the depositary relationship. It also addresses the assumption that the Treasury Department would fully utilize its powers to deposit government funds in national banks and the discretionary nature of the Secretary's power in compelling depositary services.
10/27/2020
-
Presidential inability and electoral college proposals.
The document discusses a conversation with Ramsey Clark regarding the presidential inability and electoral college proposals. It suggests altering Section 5 of the proposed constitutional amendment to address the problem that would arise in the event of the death of both the President-elect and Vice President-elect after they have received a majority of the electoral votes. The conclusion reached is that the proposed language alteration would effectively address this issue. The document presents the question of whether to alter the proposals at this stage to address other points raised, or to leave them unchanged.
10/27/2020
-
Public Law 88‐313‐‐Issuance of permits to alien amateur radio operators
The document discusses the impact of Public Law 88-313 on the 1952 Convention between the United States and Canada regarding the operation of certain radio equipment or stations in each other's countries. It concludes that the new legislation allows for the operation of amateur radio stations in the US by foreign license holders, with the requirement of security checks for applicants. The document raises questions about whether the security requirements of the new law should be extended to the Canadian program under the 1952 Convention, and whether national security interests call for the imposition of security checks for Canadian applicants. It also highlights the lack of clarity in the legislative history regarding the intention to subject Canadian applicants to the security provisions of the new law.
10/27/2020