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 1541–1550 of 2202
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Litigation Authority of the Comptroller of the Currency
Comptroller of the Currency—Litigation Authority (15 U.S.C. § 78u(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/21596/download.
6/6/1978
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Legality of Common Carriers Assisting the Federal Government In Connection With Warrantless Electronic Surveillance for Foreign Intelligence Purposes
Intelligence—Warrantless Electronic Surveillance—Common Carriers (18 U.S.C. §§ 2510—2520, 47 U.S.C. § 605) 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/21591/download.
6/5/1978
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Whether the Special Counsel for the Merit Systems Protection Board May Be Protected by Statute From Removal by the President Except for Specific Cause
Presidential Appointees—Removal Power—Civil Service Reform Act—Constitutional Law (Article II, § 2, cl. 2) 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/21586/download.
5/26/1978
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Legality of Designation of Certain Acting Officials by the Secretary of Energy (II)
Department of Energy—Appointment of Interim Officers—Department of Energy Organization Act (42 U.S.C. § 7342) 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/21581/download.
5/18/1978
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Legality of Designation of Certain Acting Officials by the Secretary of Energy
Department of Energy—Vacancies (42 U.S.C. § 7342)—Vacancy Act (5 U.S.C. §§ 3345—3349)—De Facto Officers 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/21576/download.
5/18/1978
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Whether Prosecutions for "Eluding Inspection" Under 8 U.S.C. § 1325 May Be Brought in the District Where the Defendant Is Apprehended
Immigration and Nationality Act (8 U.S.C. § 1329)—Eluding Inspection—Criminal Offense—Venue 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/21571/download.
5/18/1978
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Power of Congress to Authorize Federal Officers or Agencies to Remove or Discipline Presidential Appointees Performing Executive Functions
Presidential Appointees—Removal Power or Disciplinary Action—Constitutional Law (Article II, § 2, cl. 2) 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/21566/download.
5/17/1978
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Due Process Requirements in Transferring Inmates From the General Prison Population to Administrative and Disciplinary Segregation (II)
Bureau of Prisons—Inmates—Administrative Segregation—Supplemental Views 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/21556/download.
5/16/1978
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Reorganization Plan Dealing With More Than One Logically Consistent Subject Matter
Reorganization Act—Reorganization Plan Dealing With More Than One Logically Consistent Subject Matter (5 U.S.C. § 905(a)(7)) 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/21561/download.
5/16/1978
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Constitutionality Under the First Amendment of ITAR Restrictions on Public Cryptography
This opinion reviews whether the International Traffic in Arms Regulations ("ITAR"), which require a license as a prerequisite to exports of cryptographic information, violates the First Amendment. The opinion concludes that the licensing scheme is unconstitutional, since it establishes a prior restraint on the publication of cryptographic ideas and information without meaningful safeguards. 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/936106/download.
5/11/1978