Showing 1271–1280 of 2214

• 1/16/1981

  Authority of the Federal Bureau of Investigation to Investigate Police Killings

  The Federal Bureau of Investigation is not presently authorized to investigate killings of non-federal law enforcement officers which involve only violations of state law, even in response to a presidential directive. 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/22571/download.

  1/16/1981

• 1/16/1981

  Suing to Enjoin the Enforcement of a Senate Committee's Subpoena

  This opinion addressed whether the Justice Department could have sued to prevent the Senate Judiciary Committee from seeking files on criminal investigations, which included grand jury materials, internal memoranda, and information gathered during investigations. The OLC opinion explained that the Speech or Debate Clause of the Constitution “almost certainly bars” a suit seeking to prohibit the issuance of a Congressional subpoena, although it would not bar a suit against Congressional employees who attempted to enforce the subpoena. The OLC also warned that a preemptive suit might not have been successful because “courts are reluctant to intervene in disputes between the executive and Congress until they are convinced that the other two branches are at loggerheads.”

  5/16/2022

• 1/15/1981

  Whether the National Commission on Libraries and Information Science (the "Commission") must receive clearance from the Office of Management and Budget ("OMB") for proposed legislation.

  The document is a memorandum responding to a request about whether the National Commission on Libraries and Information Science must receive clearance from the Office of Management and Budget for proposed legislation. The conclusion reached in the document is that the Commission must submit all proposed legislation to OMB for clearance. The document also presents questions about the authority of the Commission, the procedures that agencies must follow, and examples of other commissions that have been asked to transmit legislative proposals to OMB and Congress concurrently.

  7/27/2020

• 1/14/1981

  Commercial Salmon Fishing Rights of Hoopa Valley Reservation Tribes

  The document discusses the establishment of the Hoopa Valley Reservation and the tribal rights to fish for salmon. It outlines the history of the reservation and the reasons for its establishment, as well as the federal policy of encouraging Indian agriculture while promising that the Indians would not be dependent on game and fish for food. The document also mentions the 1891 Executive order, which guaranteed a tribal right to fish for subsistence purposes. However, there are no court decisions recognizing a tribal right to fish commercially for salmon on the reservation. The document presents questions about the existence of a tribal right to fish commercially for salmon on the reservation and the implications of the 1891 Executive order.

  7/27/2020

• 1/13/1981

  The Constitutional Privilege for Executive Branch Deliberations: The Dispute with a House Subcommittee over Documents Concerning the Gasoline Conservation Fee

  This document presents the executive branch's response to a House Subcommittee's demand for certain documents concerning the Gasoline Conservation Fee. The memorandum confirms the executive branch's views on the legitimacy of withholding deliberative materials from Congress and the public. The conclusion reached is that the President has the power to protect the confidentiality of deliberations within the executive branch. The document also outlines the duty of each branch to attempt to accommodate the legitimate needs of the other, and the need for Congress to articulate its specific legislative need for the requested information. The executive branch acknowledged the Subcommittee's legitimate interest in the information and offered various accommodations, while also being prepared to release additional documents if the Subcommittee's need outweighed the executive branch's interest in maintaining their confidentiality. The document raises questions about the constitutional privilege for executive branch deliberations and the duty of each branch to accommodate the legitimate needs of the other.

  10/27/2020

• 1/13/1981

  Disclosure of Tax Division Files for Purposes of General Accounting Office Audit

  Under 31 U.S.C. § 67 and 26 U.S.C. § 6103, the Tax Division of the Department of Justice may disclose to the General Accounting Office (GAO) case files containing tax returns and related information for the purpose of and to the extent necessary in GAO's audit of Internal Revenue Service operations. 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/22566/download.

  1/13/1981

• 1/13/1981

  Validity of Federal Tax Lien on Civil Service Retirement Refund

  Under 5 U.S.C. § 8346(a), the Internal Revenue Service is barred from attaching the civil service retirement refund of a former federal employee in order to satisfy her husband's tax liability, notwithstanding any interest the latter individual may have in the refund under Nevada's community property law. 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/22561/download.

  1/13/1981

• 1/13/1981

  [UNTITLED] (regarding “the legality of proposed procedures for the disposition of transcripts of telephone conversations of former Secretary of State Henry A. Kissinger”)

  This opinion concludes that the State Department's proposal to review and categorize transcripts of telephone conversations of former Secretary of State Henry. A. Kissinger is consistent with relevant statutes, overruling the objections of the 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 https://justice.gov/olc/page/file/936096/download.

  1/13/1981

• 1/12/1981

  Congressman Jack Edwards has requested the Department to bring a prosecution to enforce that part of 18 U.S.C. § 1461 which prohibits the mailing of pro-abortion materials.

  The document discusses a request from Congressman Jack Edwards for the Department of Justice to prosecute the mailing of pro-abortion materials, which is prohibited by 10 U.S.C. 1461. The Criminal Division has concluded that this portion of the law is unconstitutional and has recommended that Congress be notified of this conclusion. The document presents the question of whether the Department of Justice should enforce a law that it deems unconstitutional, and it includes a proposal report for Congress to review and sign. The conclusion reached is that the relevant portion of 10 U.S.C. 1461 is unconstitutional, and the document raises the question of how the Department of Justice should proceed in enforcing laws it deems unconstitutional.

  7/27/2020

• 1/12/1981

  Reward to Citizens for Providing Information Regarding Improper Disposal of Special Nuclear Material

  The document is a memorandum responding to a request for advice on the Atomic Weapons and Special Nuclear Materials Act. The conclusion reached is that regulations should be established for rewarding citizens who report improper disposal of special nuclear material, rather than handling it on an ad hoc basis. The document presents the question of how to handle applications for rewards under the Act and recommends drafting regulations for this purpose.

  7/27/2020