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 301–310 of 2202
-
Application of the Appointments Clause to a Statutory Provision Concerning the Inspector General Position at the Chemical Safety and Hazard Investigation Board
A statutory provision declaring that the Inspector General of the Environmental Protection Agency "shall, by virtue of such appointment, also hold the position of Inspector General" of the Chemical Safety and Hazard Investigation Board does not violate the Appointments Clause of the Constitution, because it constitutes the permissible addition of germane duties to an office, rather than appointment to a new 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 www.justice.gov/opinion/file/786191/download.
7/27/2006
-
Divestiture of Stock and Purchase of Government Bonds by an Incoming Secretary of the Treasury
The incoming Secretary of the Treasury may purchase government bonds with the proceeds of a stock sale pursuant to a certificate of divestiture properly issued under 26 U.S.C. § 1043 and without violating the prohibition of 31 U.S.C. § 329, provided that he purchases the bonds after his commis-sion is signed by the President but before he takes the oath of office or enters on his duties as Secretary of the Treasury. 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/opinion/file/786181/download.
6/22/2006
-
Legal Review of Department of Defense Draft Documents Regarding Treatment and Interrogation of Detainees
This opinion memorializes advice given to the DOD on the legality of six "restricted interrogation techniques," listed in Army Field Manual 2-22.3, Appendix M of FM 2-22.3. The techniques include "Mutt and Jeff," "False Flag," "Separation," and three "Adjustments" (details of the techniques are redacted from the published opinion). The opinion concludes that they are consistent with the Detainee Treatment Act of 2005 and other requirements of law since there is compelling government interest justifying the use of the techniques. 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/docs/aclu-ii-041306-2.pdf.
4/13/2006
-
Legal Authorities Supporting the Activities of the National Security Agency Described by the President
The activities described by the President, in which he has authorized the National Security Agency to intercept international communications into or out of the United States of persons linked to al Qaeda or an affiliated terrorist organization are lawful in all respects. The President's use of his constitutional authority, as supplemented by statute in the Authorization for Use of Military Force enacted on September 18, 2001, is consistent with the Foreign Intelligence Surveillance Act and is also fully protective of the civil liberties guaranteed by the Fourth Amendment. 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/file/451046/download.
1/19/2006
-
Financial Interests of Nonprofit Organizations for Purposes of 18 U.S.C. § 208
Under 18 U.S.C. § 208, a nonprofit organization does not have a "financial interest" in a particular matter solely by virtue of the fact that the organization spends money to advocate a position on the policy at issue in the matter. 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/file/451086/download.
1/11/2006
-
Application of the Miscellaneous Receipts Act to the Settlement of False Claims Act Suits Concerning Contracts With the General Services Administration
The Miscellaneous Receipts Act allows the General Services Administration to retain as a "refund to appropriations" the entire amount representing actual damages paid by the Sprint Corporation and Worldcom, Inc. in settlement for overcharging the federal government for telecommunications services under contracts with GSA. 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/opinion/file/786171/download.
1/10/2006
-
Application of 18 U.S.C. § 1913 to "Grass Roots" Lobbying by Union Representatives
Under 18 U.S.C. § 1913, federal employees who are union representatives may not use official time to engage in "grass roots" lobbying in which, on behalf of their unions, they ask members of the public to communicate with government officials in support of, or opposition to, legislation or other measures. 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/file/450926/download.
11/23/2005
-
Waiver of Sovereign Immunity With Respect to Whistleblower Provisions of Environmental Statutes
The federal government's sovereign immunity has been waived with respect to the whistleblower provisions of the Solid Waste Disposal Act and the Clean Air Act, but not with respect to the whistleblower provision of the Clean Water Act. 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/file/450921/download.
9/23/2005
-
Appointments to the Board of the Legal Services Corporation
The President has authority to appoint a member of the Board of the Legal Services Corporation who has been confirmed after his or her statutory term of office has expired, where the holdover provi-sion of the statute allows a member to serve until a successor is appointed. 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/file/450916/download.
9/20/2005
-
Application of 18 U.S.C. § 207(c) to Proposed Communications Between Retired Navy Flag Officer and Marine Corps Commanders in Iraq Regarding Security Issues
Although more detailed information is needed to make a complete determination in this fact-sensitive area, it appears that 18 U.S.C. § 207(c) would forbid at least some of the proposed communications between a retired Navy flag officer and Marine Corps commanders regarding the security situation in Iraq. 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/file/450911/download.
9/13/2005