The OLC
Astrid Da Silva

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 1831–1840 of 2202

  • Application of the Freedom of Information Act to Certain Entities Within the Executive Office of the President

    This opinion reviews whether certain entities within the Executive Office of the President are not "agencies" as defined by the Administrative Procedure Act and are therefore not subject to the Freedom of Information Act (FOIA). It concludes that the White House office, Domestic Council, National Security Council, Council on Internaitonal Economic Policy, and possibly Council of Economic Advisers are not considered "agencies" and thereby not subject to the FOIA. 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/935936/download.

    1/30/1973

  • Application of the Freedom of Information Act to the President

    In this memo, the OLC explored the application of the Freedom of Information Act to the president of the United States. The OLC concluded that allowing the word “agency” to include the President would lead to serious constitutional questions about the president’s executive power. It emphasized that a construction exempting presidential documents from FOIA would be in accordance with the wording of the text, its legislative history, and sound administration.

    9/2/2022

  • Availability of Executive Privilege Where Congressional Committee Seeks Testimony of Former White House Official on Advice Given President on Official Matters

    This opinion concludes that the doctrine of executive privilege may be invoked with respect to the testimony of a former member of the White House staff concerning advice he gave to the president on official matters during employment. 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/1225971/download.

    12/21/1972

  • Presidential Authority to Require the Resignations of Members of the Civil Rights Commission

    Members of the Civil Rights Commission serve at the pleasure of the President. The President may therefore require their resignations. 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/20846/download.

    11/20/1972

  • Applicability to President of Restriction on Employment of Relatives

    This memo addresses whether the president can appoint a relative to a White House staff position, and attaches past OLC opinions dealing with the Federal anti-nepotism statute (5 U.S.C. § 3110). The memo reiterates the conclusion of those prior opinions that 5 U.S.C. 3110 is applicable to positions on the White House staff, but suggests that the statute may be unconstitutional if applied to block the appointment of Cabinet-level or high-ranking officials. 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/1009436/download.

    11/14/1972

  • Legal questions concerning restrictions on and arrest of demonstrators at O'Hare Field

    The Secret Service asked the OLC about its authority to restrict demonstrators at the military complex adjacent to O’Hare Field in Chicago. The OLC opined that the base commander could not prevent certain people from attending a political rally open to the public and could not subject people to searches without probable cause, even if signs warned them that they were subject to being searched. The OLC also informed the base commander that the Chicago Police Department would not have jurisdiction to arrest attendees at the base because the base is within the exclusive jurisdiction of the federal government.

    5/16/2022

  • Effect of the Supreme Court's Decision in Furman v. Georgia on Future Imposition of the Death Penalty

    In this memo the OLC explored the possible consequences that arose from the Supreme Court’s decision in Furman v. Georgia on future impositions of the death penalty. The OLC examined the position of each justice as it related to Furman and delineated four possible approaches to death penalty legislation in Furman's wake.

    5/16/2022

  • Random Searches to Prevent Skyjacking

    In this memo, the OLC considered possible constitutional problems arising from a proposal to conduct random searches on personal effects and carry-on luggage of airline passengers as a means of deterring and detecting potential hijackers. The OLC concluded that random searches of carry-on luggage, purses, and similar items, not including frisking the individuals, had a good chance of surviving constitutional challenges. Additionally, “random searches” could be held as interim measures pending full implementation of the FAA system.

    5/16/2022

  • Implementation of Standstill Agreement Pending Approval of ABM Treaty and ICBM Interim Agreement

    The Standstill Agreement, made by the President with the Soviet Union pending congressional approval of the ABM Treaty and the ICBM Interim Agreement, would not violate section 33 of the Arms Control and Disarmament Act, forbidding disarmament except by treaty or act of Congress. The President is not precluded by contract law or authorization and appropriations legislation passed by Congress from directing the appropriate Executive Branch agencies to abide by the provisions of the arms control agreements pending their coming into force. 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/20841/download.

    6/12/1972

  • Does the Equal Educational Opportunities Act of 1972 permit a "Rollback" of court‐ordered or agency‐induced busing or desegregation already in effect at the time of its enactment?

    This opinion concluded that the proposed Equal Educational Opportunities Act would likely permit educational agencies to reopen court desegregation orders, and once reopened, the orders would have comply with the substantive provisions of the Act prioritizing different forms of desegregation and curtailing the use of busing to achieve integration. The OLC recommended amending the bill to clarify whether existing desegregation orders should be reopened under the Act.

    5/16/2022

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