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).
Some opinion descriptions were drafted by the OLC, some were prepared by Knight First Amendment Institute staff, and some were generated using AI tools.
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 1931–1940 of 2214
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Authority of the National Aeronautics and Space Administration (NASA) to provide launch services to a foreign government for a domestic communications satellite system
The document is a response to a letter inquiring about the authority of NASA to provide launch services to a foreign government for a domestic communications satellite system. The conclusion reached in the document is that there is no legal impediment to NASA providing launch services if directed by the President, and that such services may be furnished independently of the Communications Satellite Corporation (Comsat). The questions presented for review include whether NASA has the authority to provide such services independently of Comsat, and whether there are any legal obstacles to providing launch services to a foreign government.
7/27/2020
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Draft legislation submitted by the Post Office Department pertaining to the mailing of sexually oriented advertisements
The document discusses a legislative proposal regarding the mailing of sexually oriented advertisements and raises concerns about its constitutionality. The conclusion reached is that while there is support for the purpose of the bill to protect family privacy, the regulatory features may impinge on constitutionally protected rights. The document presents questions for review, including the constitutionality of the registration requirements, the extra postage provision, and the adequacy of judicial review provisions. It also suggests amendments to address these concerns, such as using a stamp on mail instead of registration and removing the extra postage provision.
7/27/2020
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Question of the application of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, to the Forest Service Revenue Sharing Act, 16 U.S.C. 500
The document is a letter from the Attorney General to the Secretary of Agriculture discussing the applicability of Title VI of the Civil Rights Act of 1964 to the Forest Service Revenue Sharing Act. The conclusion reached is that Title VI does apply to the Act, based on legislative history and consistent administrative interpretation. The letter also presents questions about the withholding of funds payable to the states under the Act and similar laws, and whether the states are entitled to such funds as a result of the agreement. It also raises concerns about relying on the views of Congress, as expressed in a statement made four years after the passage of the Civil Rights Act of 1964.
7/27/2020
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Transpacific Route Investigation
The document discusses the President's decisions in the Transpacific case and the order submitted by the Civil Aeronautics Board for approval. It concludes that the President can sign the order without prejudicing the government's litigating posture. The main question presented for review is whether the President should sign the order now or wait until the carrier for the East Coast-South Pacific route is selected. The document also outlines the President's disapproval of the California gateway and the need for the Board to recommend a carrier to serve the South Pacific from East Coast and Midwest coterminal points in the U.S.
10/27/2020
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Governor and Secretary of Guam
The document is a legal memorandum discussing the authority of the President to remove the Governor of Guam before the expiration of the governor's four-year term. The conclusion reached is that the President does have the authority to remove the Governor, as the legislative history of the Organic Act of Guam indicates that the President's power to remove officers of the Executive Branch is not limited. The document also addresses the status of the Secretary of Guam, stating that the Secretary may be eligible for certain Civil Service protections if they are a veteran, but there are no legal obstacles to their immediate removal if they are not a veteran. The questions presented for review include the interpretation of the Organic Act in relation to the President's removal power and the status of the Secretary of Guam in terms of Civil Service protections.
10/27/2020
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Request for access to Department of Justice files from a Subcommittee of Senate Foreign Relations Committee
The document is a response to a memorandum regarding access to Department of Justice files. It states that while the Department's official action with respect to Congressional requests for information will be based on the President's memorandum of March 24, 1969, internal procedures for processing such requests remain subject to the Attorney General's Order No. 116-56. The document also mentions that the Division has recommended to the Deputy Attorney General that documents subject to Order No. 116-56 be made available to Congress in appropriate cases. The conclusion reached in the document is that the policy set forth in the President's memorandum of March 24, 1969 should be taken into account for the purpose of making such recommendations in the future. The questions presented for review include the procedures for processing Congressional requests for information and the recommendations made by the Division to the Deputy Attorney General.
7/27/2020
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State Petitions to Congress Requesting the Calling of a Constitutional Convention to Alter "One Man‐One Vote Principle"
The document discusses the proposal for a Constitutional Convention to alter the "one man-one vote" principle. It outlines the substantive proposal, procedural problems, and recommendations for further action. The conclusion reached is that there is a need to evaluate the potential political consequences of the proposed redistricting and to determine the Administration's position on the proposal. The document presents questions regarding the merits of the proposal and the procedural issues involved in implementing it, as well as recommendations for forming a committee to address these questions.
10/27/2020
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Appointment of Congressman to the Office of Director of the Office of Economic Opportunity
The document is a memorandum discussing the appointment of a member of the House of Representatives as Director of the Office of Economic Opportunity. The conclusion reached is that there is no constitutional bar to the appointment, despite the increase in emoluments of the office. The document presents two questions for review: whether there has been an increase in emolument of the office within the constitutional prohibition, and whether a retroactive disqualification would occur if the compensation of the office is increased after the appointment of a Director. These questions are analyzed in detail, and the conclusion is that there is no constitutional bar to the appointment of a member of the 91st Congress as Director of the Office of Economic Opportunity.
7/27/2020
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Interagency committees established by Executive order in previous Administrations.
The document is a response to a memorandum regarding interagency committees established by Executive order in previous administrations. It includes a list of such committees and notes that some may have become inactive. The conclusion reached is that the Attorney General is only designated to serve as chairman on the President's Committee on Juvenile Delinquency and Youth Crime, which has been inactive for the past two years. The document also mentions the possibility of revoking orders establishing inactive committees and those duplicating the functions of other committees, as well as considering the establishment of a new interagency group on narcotics.
10/27/2020
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Closure of District Banks in Emergencies
The document discusses the potential closure of banks in the District of Columbia during emergencies or official days of mourning. It addresses the authority of banks to close on non-holidays and the liabilities they may incur as a result. The conclusion reached is that legislation is needed to allow banks to close temporarily with approval from regulatory authorities, and for those days to be considered legal holidays under the law. The document also presents the question of whether the President has the legal power to directly address the issue of bank closures, and suggests that the President should support the proposed legislation as part of the District's program.
10/27/2020