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 461–470 of 2202
-
Definition of "Candidate" Under 18 U.S.C. § 207(j)(7)
For purposes of the "on behalf of a candidate" exemption contained in section 207(j)(7) of title 18, a successful candidate should be viewed as seeking office until the candidate assumes the office to which he or she has been elected. 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/19331/download.
11/6/2000
-
Applicability of 18 U.S.C. § 207(d) to Certain Employees in the Treasury Department
The post-employment restrictions of 18 U.S.C. § 207(d), which cover officials paid "at" the rate for level I of the Executive Schedule, do not apply to officials paid at a higher rate. Those officials are instead subject to the restrictions of 18 U.S.C. § 207(c). 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/19336/download.
11/3/2000
-
Section 235A of the Immigration and Nationality Act
Section 235A of the Immigration and Nationality Act requires the Attorney General to establish and maintain certain preinspection stations, provided the foreign countries concerned have consented to the establishment of such stations on their territory and provided that certain other preconditions have been satisfied. Section 235A does not oblige the Attorney General or any other executive branch official to enter into diplomatic negotiations with foreign countries in order to obtain their consent to the establishment of preinspection stations on their territory, and it does not require that preinspection stations be established before the preconditions have been satisfied. Accordingly, section 235A does not unconstitutionally infringe on the President's authonty to conduct diplomatic relations. 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/19341/download.
10/23/2000
-
Payment of Awards in Excess of$250,000 from the Department ofJustice Assets Forfeiture Fund
This opinion examines whether the Department of Justice can grant award payments larger than $250,000 for information and assistance leading to a civil or criminal forfeiture. Ultimately, the opinion concludes that, though there is no definitive interpretation of the relevant statute, it is clear that the terms "information" and "assistance" have distinct meanings, up to the interpretation of the Attorney General. Thus, while awards for information leading to a forfeiture may not exceed $250,000, the Attorney General may pay awards larger than $250,000 for assistance leading to a forfeiture. 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/936191/download.
10/18/2000
-
Title III Electronic Surveillance Material and the Intelligence Community
Under Title III of the Omnibus Cnme Control and Safe Streets Act, law enforcement officials may share with the intelligence community information obtained through surveillance authorized by courts pursuant to Title III where it is done to obtain assistance in preventing, investigating, or prosecuting a crime. Law enforcement may also share with the intelligence community information obtained through surveillance authorized by courts pursuant to Title III where the information is of overriding importance to national security or foreign relations and disclosure is necessary for the President to discharge his constitutional responsibilities over these matters. 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/19346/download.
10/17/2000
-
A Sitting President's Amenability to Indictment and Criminal Prosecution
The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions. 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/19351/download.
10/16/2000
-
Application of the Coreligionists Exemption in Title VII ofthe Civil Rights Act of 1964, 42 U.S.C. § 2000e-l(a), to Religious Organizations That Would Directly Receive Substance Abuse and Mental Health Services Administration Funds Pursuant to Section 704
This opinion examines the constitutionality of providing Substance Abuse and Mental Health Services Administration ("SAMHSA") funds to religious organizations under various scenarios. The opinion concludes that while there is no categorical funding prohibition, discrimination in favor of coreligionists in a program that directly receives SAMHSA funds raises "difficult and unresolved constitutional questions." 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/936211/download.
10/12/2000
-
Enforceability of 18 U.S.C. § 1302
Application of 18 U.S.C. § 1302 to prohibit the mailing of truthful advertising concerning certain lawful gambling operations would violate the First Amendment. Accordingly, the Department of Justice will refrain from enforcing the statute with respect to such mailings. 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/19356/download.
9/25/2000
-
Applicability of Government Corporation Control Act to "Gain Sharing Benefit" Agreement
The Government Corporation Control Act does not require the National Aeronautics and Space Administration to obtain legislative authorization before entering into a "gain sharing benefit" agreement with a private corporation that grants NASA deferred cash payments based on an increase in the value of the corporation's common stock. 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/19361/download.
9/18/2000
-
Administration of Coral Reef Resources in the Northwest Hawaiian Islands
The President may use his authority under the Antiquities Act to establish a national monument in the territorial sea and a national monument in the exclusive economic zone to protect marine resources. The President may not establish a national wildlife refuge in the territorial sea or the exclusive economic zone using the implied power to reserve public lands recognized in United States v. Midwest Oil Co., 236 U.S. 459 (1915). The authority to manage national monuments can, under certain circumstances, be shared between the Department of the Interior and other agencies, but the Fish and Wildlife Service must maintain sole management authority over any national wildlife refuge area within a monument. Regulations applicable to national monuments trump inconsistent fishery management plans, but the establishment of a national monument would not preclude the establishment of a national marine sanctuary in the same area. 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/19366/download.
9/15/2000