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 1481–1490 of 2202
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Application of 18 U.S.C. § 603 to Activities in the White House Involving the President
The President—Interpretation of 18 U.S.C. § 603 as Applicable to Activities in the White House 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/21836/download.
1/17/1979
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Communications Between the Council of Economic Advisers and the Department of Interior Regarding Proposed Regulations
Administrative Procedure—Rulemaking—Department of the Interior—Ex Parte Communications—Consultation with the Council of Economic Advisers—Surface Mining Control and Reclamation Act (30 U.S.C. § 1201 et seq.) 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/21831/download.
1/17/1979
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Interpretation of 18 U.S.C. § 603 as it applies to activities in the White House involving the President
This memo examined whether President Carter’s alleged political solicitation of campaign contributions from donors in the White House Family Dining Room fell within the statutory definition of 18 U.S.C. § 603. In particular, it examined whether a room such as the Family Dining Room is one “occupied in the discharge of official duties.” It concluded that rooms in the White House used for privately funded and personal entertainment of guests—as President Carter had done—were not covered by the statute.
9/2/2022
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Amending the Constitution by Convention
Constitutional Law—Constitution—Article V—The Amending Process—The Convention Method 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/18351/download.
1/16/1979
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FBI Disclosure to Local or State Law Enforcement Agency of Personal Information Obtained From Another Law Enforcement Agency
Privacy Act (5 U.S.C. § 552a(c))—Federal Bureau of Investigation—Transmission of Information Collected by FBI to State or Local Law Enforcement Agencies 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/21396/download.
1/16/1979
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Availability of Funds for the Immigration and Naturalization Service's Special Litigation Unit
Immigration and Naturalization Service—Special Litigation Unit—Alleged Nazi War Criminals—Funds Available for the Operation of the Unit—Appropriation Act—Authorization 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/21391/download.
1/15/1979
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Number of Supergrade Positions the Secretary of Energy May Fill Pursuant to the Department of Energy Organization Act
Department of Energy—Civil Service Commission—Number of Supergrade Positions the Secretary of Energy May Fill Pursuant to the Department of Energy Organization Act (42 U.S.C. § 7101) 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/21821/download.
1/2/1979
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DCID 1/14 Adjudication Policy and Guidance-- Homosexuality as Basis for Denial of Access to SCI
This memo examined whether the government could lawfully deny access to sensitive compartmented information due to an individual’s homosexuality. It concluded that without a rational nexus between the denial and the protection of SCI, the government could not deny access based on homosexuality alone. However, it also found that the government could deny access in particular circumstances where an individual’s "homosexual" conduct provides a rational basis for the denial of access or results in criminal liability, which would provide another ground for denial.
9/2/2022
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Post-Employment Restrictions on Former Geologist at Nuclear Regulatory Commission
Former Officers and Employees—Conflict of Interest (18 U.S.C. § 207)—Contract—Disqualification Connected With Former Duties or Official Responsibilities 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/21811/download.
12/29/1978
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Appointment of Former or Sitting Members of Congress to Civil Offices Created by Congress at the Time Such Persons Were Congressmen
Judges—Members of Congress—Constitutional Restriction on Appointment (Article I, § 6, cl. 2)—Omnibus Judgeship Bill (28 U.S.C. § 133, as amended) 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/21806/download.
12/21/1978