Showing 1251–1260 of 2214

• 2/6/1981

  Removal of Recess Appointee to Board of Directors of the Corporation for Public Broadcasting.

  The document discusses the power of the President to remove a director of the Corporation for Public Broadcasting who received a recess appointment. It concludes that the President has the power to remove the director by appointing a successor with the advice and consent of the Senate. The document also presents questions about the constitutional and policy considerations, the limitations on the President's removal power, and the Congressional intent to limit the President's power to remove the directors of the Corporation. It raises the question of whether the President can remove a director without the appointment of a successor by and with the advice and consent of the Senate.

  10/27/2020

• 2/5/1981

  Notification to Congress of the Department's Decision Not to Maintain the Constitutionality of an Act of Congress.

  The document is a memorandum to the Attorney General regarding the decision not to maintain the constitutionality of an Act of Congress. It discusses the requirement for the Attorney General to transmit a report to Congress when determining that the Department of Justice will contest or refrain from defending any provision of law enacted by Congress because it is deemed unconstitutional. The conclusion reached in the document is that the Public Law No. 96-369 was determined to be unconstitutional under the Supreme Court's decision in United States v. Will. The document presents the question of whether the Attorney General should contest or refrain from defending Acts of Congress only in exceptionally rare circumstances and proposes reports to both Houses of Congress to transmit the required information.

  7/27/2020

• 2/5/1981

  Policy of the Carter Administration Regarding Protection of the President's Name, Picture, and Seal

  This document is a memorandum regarding the policy of the Carter Administration on protecting the President's name, picture, and seal. The conclusion reached is that there are limited policies from the previous administration, and the advice given has focused on enforcing the protection of the President's seal and addressing the use of the President's name or likeness for promotional or deceptive purposes. The document presents questions about the enforcement of laws protecting the President's seal and the use of the President's name or likeness, as well as the extent to which the recommendations made in the memorandum were followed.

  10/27/2020

• 2/5/1981

  Whether the Agreement with Iran Can Be Treated as Void in Part

  Even assuming the agreement with Iran could be regarded as void in its entirety because of the threat or use of coercion in its procurement, under international law the United States may not choose to honor some of its provisions and not others. 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/22431/download.

  2/5/1981

• 1/29/1981

  Review of Domestic and International Legal Implications of Implementation of the Agreement with Iran

  The document discusses the legal implications of the agreement between the United States and Iran, particularly in the context of non-implementation. It addresses the potential legal issues that may arise, such as the status of the escrow account, the use of frozen assets to satisfy claims, and the rights of the hostages and their families to sue Iran for damages. The document also considers the possibility of seeking confirmation from the International Court of Justice and the potential consequences of repudiating the agreement. It concludes that the President has the authority to either repudiate or maintain the agreement, and that any decision made by the President regarding duress is not subject to review by the courts.

  10/27/2020

• 1/28/1981

  Presidential Memorandum Delaying Proposed and Pending Regulations

  The President has authority, under Article II, § 3 of the Constitution, to direct executive agencies to postpone proposed and pending regulations for a 60-day period. Even where a regulation has been published in final form, the Administrative Procedure Act does not require an agency to follow notice and comment procedures in connection with a temporary postponement of its effective date, since such a postponement will not generally be regarded as a rulemaking. Even if it were so regarded, an agency will in general have good cause for dispensing with notice and comment procedures where a new President is assuming office during a time of economic distress. 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/22581/download.

  1/28/1981

• 1/27/1981

  Recording of Telephone Conversations

  The document is a memorandum discussing the legality of recording international telephone conversations with the consent of one party, specifically in the context of the President's conversations with foreign heads of state. The conclusion reached is that the United States Constitution and relevant statutes do not prohibit such recordings, but there are regulatory restrictions to be aware of, including those imposed by the General Services Administration (GSA) and the American Telephone and Telegraph Company. The document also presents questions regarding the validity of an agreement under domestic and international law, the President's decision-making authority, and the potential implications of non-implementation of the agreement.

  10/27/2020

• 1/26/1981

  Designation of Assistant Attorney General for Administration.

  The document is a response to a request for a legal opinion on whether the position of Assistant Attorney General for Administration should be designated as general or career reserved in the Senior Executive Service, and whether a new appointment to the position would require Presidential approval. The conclusion reached is that the position should be designated as career reserved, as it entails direct responsibility to the public for the management or operation of particular government programs or functions. Additionally, it is determined that any new appointment to the position would require approval by the President, as specifically required by 28 U.S.C. § 507(a). The questions presented for review include the designation of the position and the requirement for Presidential approval for new appointments.

  7/27/2020

• 1/26/1981

  Financial disclosure provisions of Surface Mining Act.

  The document is a response to a request to withdraw an opinion regarding the financial reporting requirements of the Surface Mining Act. The conclusion reached is that there is no basis for varying from the original opinion, as the arguments presented do not justify disregarding the language of the Ethics Act. The document also addresses the voluntary compliance of members of the Land and Natural Resources Division with the reporting requirements. The questions presented for review include the interpretation of section 201(f) of the Surface Mining Act and the potential impact of section 207(c) of the Ethics Act on the reporting requirements.

  7/27/2020

• 1/23/1981

  Vacancies in the Environmental Protective [sic] Agency

  The document is a memorandum discussing the vacancy in the office of the Administrator of the Environmental Protection Agency (EPA) and the legal options for filling the position on a temporary basis. It addresses the question of whether the President can designate an Acting Administrator who is currently an employee of another agency or not a government employee at all. The conclusion reached is that the President has the power to designate an acting agency head, but it is desirable for a nomination for the position of the Administrator of EPA to be submitted to the Senate within 30 days of the vacancy. The document also suggests that the designation for Acting Administrator should be limited to persons who are already officers or employees of the EPA.

  10/27/2020