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 1461–1470 of 2202
-
Duration of Four Statutorily Created Veterans Administration Advisory Committees
Federal Advisory Committee Act (5 U.S.C. App. § 1 et seq.)—Duration of Veterans Administration Advisory Committees 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/21931/download.
4/13/1979
-
Resignation of the Head of a Department Effective Only Upon the Confirmation and Appointment of a Successor
Presidential Appointees—Resignation Subject to the Appointment and Qualification of a Successor 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/21926/download.
4/12/1979
-
Whether a Commissioned Military Officer May Retain His Commission If He Accepts a Presidential Appointment as Administrator of General Services or a Presidential Designation as Acting Administrator
Military Officer—Appointments to Civil Office—Administrator of General Services—Effect on Military Office—10 U.S.C. § 973; 40 U.S.C. § 751(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/21921/download.
4/10/1979
-
Whether Department of Justice Attorney-Hiring Procedures Give Effect to the Veterans Preference Act
Veterans Preference Act (5 U.S.C. §§ 2108, 3309—3320)—Hiring Procedures for Attorneys—Excepted Service—Preference Hiring of Eligible Veterans 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/21916/download.
4/10/1979
-
Liability of United States for Independent Contractors Performing Advance Work in Connection With the Official Travel of the President and Vice President
Advance Personnel—Federal Tort Claims Act (28 U.S.C. § 2671)—Form of Contract 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/21911/download.
4/6/1979
-
Whether the Immigration and Naturalization Service Is Obligated by the First Amendment to Give Amnesty International Access to Haitian Nationals Held in Detention Pending Deportation Proceedings
Constitutional Law—First Amendment—Amnesty International—Haitian Detainees 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/21906/download.
4/3/1979
-
Title Claim of the Commissioner of Customs to Funds From Sale of Semiprecious and Synthetic Stones and Diamonds
Trading with the Enemy Act (50 U.S.C. App. § 1 et seq.)—Attorney General—Title Claim of the Commissioner of Customs—Decision of the Director, Office of Alien Property, Allowing the Claim Reversed 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/21901/download.
3/28/1979
-
Jurisdiction Over "Victimless" Crimes Committed by Non-Indians on Indian Reservations
Jurisdiction—Federal or State—"Victimless" Crimes Committed by Non-Indians on Indian Reservations—18 U.S.C. §§ 1152, 1153 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/21896/download.
3/21/1979
-
Interception of Privileged Oral and Wire Communications During Hostage Situations
This memo addressed whether investigators in a hostage situation could begin or continue electronic surveillance of a suspect when the suspect was engaged in privileged conversations. It concluded that the communications could be intercepted if obtained under a warrant, with the consent of the suspect’s “confidant,” or if there were truly exigent circumstances where delay would endanger the hostage. However, the opinion went on to explain that even lawfully-intercepted privileged communications, and evidence derived from those conversations, would likely be excluded from evidence in a criminal trial.
9/2/2022
-
Department of Justice Use of Personnel and Resources of the Department of Health, Education, and Welfare in Desegregation Litigation
Civil Rights—Busing—Effects of Eagleton-Biden Amendments (92 Stat. 1586)—Department of Justice Use of Personnel and Resources of the Department of Health, Education, and Welfare in Desegregation Litigation 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/21891/download.
3/15/1979