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 1531–1540 of 2202
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Representation by Former Assistant U.S. Attorney of Defendants in Case Brought by United States on Behalf of Indian Tribe
Conflicts of Interest (18 U.S.C. § 207)—American Bar Association Code of Professional Responsibility 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/21636/download.
7/19/1978
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Application of Antilobbying Laws to Materials Prepared by the Department of the Interior for Public Release in Connection With Proposed Legislation
Antilobbying Laws (18 U.S.C. § 1913, Public Law 95-465, 92 Stat. 1291)—Department of the Interior 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/21631/download.
7/18/1978
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Obligations to the Subjects of the MKULTRA Drug-testing Program
In this memo, the OLC addressed whether the CIA had a legal duty to notify MKULTRA test subjects who remained at risk of negative health effects due to their involvement in the study, and which agency was required to carry out the notification process. The OLC concluded that the CIA had the duty to notify those whose health could still be impaired, and had a "lawful authority" to do so. The OLC added that the CIA could also lawfully ask another agency to carry out the notification process.
9/2/2022
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Service of Department of Justice Attorney as Chairman of the Legal Affairs Committee of State Chapter of National Organization
Standards of Conduct (28 CFR Part 45)—Service of Employee in State Chapter of a National Organization 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/21626/download.
7/12/1978
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Service of Private Sector Persons on Food and Drug Administration Advisory Committees
Advisory Committees—Food and Drug Administration—Conflicts of Interest (18 U.S.C. § 208) 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/21621/download.
6/29/1978
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Legality of Department of Defense Hiring Practices in Foreign-Area Installations
Veterans Preference Act (5 U.S.C. §§ 2108, 3309—3320)—Dependents—Preference—Foreign Installations 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/21611/download.
6/23/1978
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Liability and Insurance Coverage for Government Employees Who Use Automobiles in Connection With the Official Travel of the President and Vice President
Officers and Employees—Volunteers—Federal Tort Claims Act (28 U.S.C. § 2679(b))—Operation of Motor Vehicles—Liability 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/21616/download.
6/23/1978
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Role and Composition of Certain Advisory Committees Under the Federal Meat Inspection Act and Poultry Products Inspection Act
Advisory Committees—Federal Meat Inspection Act (21 U.S.C. § 661(a)(4))—Poultry Products Inspection Act (21 U.S.C. § 454(a)(4)) 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/21606/download.
6/20/1978
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Jurisdiction over victimless crimes committed by non-Indians on Indian reservations
The OLC concluded that state courts had exclusive jurisdiction over “victimless crimes,” like drug possession or use, committed by non-Indigenous Americans on Native American reservations. A subsequent opinion on this topic was written on March 21, 1979.
9/2/2022
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Furnishing Information to Congress Under Section 222(f) of the Interstate Commerce Act
Interstate Commerce Commission—Furnishing Information to Congress (49 U.S.C. § 322(d)) 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/21601/download.
6/16/1978