
The OLC's Opinions
Documents released in our FOIA lawsuit for OLC legal opinions issued prior to 1994
This Reading Room contains all of the documents produced to date in Francis v. Dep’t of Justice, a Freedom of Information Act (FOIA) lawsuit the Knight Institute filed on behalf of five scholars, Campaign for Accountability, and the Institute on August 21, 2019, seeking formal written opinions issued by the Justice Department's Office of Legal Counsel (OLC) prior to August 21, 1994.
The OLC is a component of the Department of Justice that issues legal opinions that bind federal agencies and officials on matters of significant public concern. In the past, the OLC has avoided disclosing its opinions under the Freedom of Information Act by invoking a privilege that protects government deliberations. In 2016, Congress amended FOIA to eliminate that privilege for records over 25 years old. This lawsuit takes advantage of that amendment.
On April 28, 2020, the OLC released to us its first set of documents in response to our request—96 unclassified legal opinions from 1974. We will publish additional documents here as we receive them.
This FOIA litigation is part of the Knight Institute's broader effort to vindicate the public’s right of access to the OLC’s formal legal opinions. In another case, Campaign for Accountability v. DOJ, the Institute has argued that FOIA requires the OLC to publish its legal opinions presumptively, even in the absence of any FOIA request seeking their release.
Showing 11–20 of 222
-
Assessment of Inspectional Overtime Charges at Other than Designated Ports of Entry
7/27/2020
-
Indemnification of government contractors for liability arising from government programs.
7/27/2020
-
Application of international law under draft emergency legislation
7/27/2020
-
Return of Evidentiary Bribe Moneys
7/27/2020
-
Applicability of National League of Cities v. Usery, 426 U.S. 833 (1976), to the generation and distribution of electric power by State and local governments.
7/27/2020
-
Bank Deposit of Government Funds
7/27/2020
-
Proposed cooperative agreement for the administration of St. Paul's Church can be implemented in a manner consistent with the Establishment Clause of the First Amendment.
7/27/2020
-
Position of the United States regarding the applicability of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., to publicly owned mass transit systems.
7/27/2020
-
Availability of agency funds to pay attorney's fee awards under the Equal Access to Justice Act ("Act").
7/27/2020
-
Definition of "Refugee" Under the Refugee Act of 1980
7/27/2020