Showing 2171–2180 of 2202

• 1/21/1947

  Duties and Responsibilities of the FBI, as Affected by Proclamation of Cessation of Hostilities

  This memo provided a list of relevant statutes that were affected by the president’s 1946 proclamation marking the cessation of hostilities. The attorney general noted that the state of war and national emergency continued despite the cessation of hostilities.

  9/2/2022

• 1/21/1947

  Duties and responsibilities of the FBI, as affected by Proclamation of Cessation of Hostilities

  This memo provided a list of relevant statutes that were affected by the president’s 1946 proclamation marking the cessation of hostilities. The attorney general noted that the state of war and national emergency continued despite the cessation of hostilities.

  5/16/2022

• 10/16/1946

  Philippine War Crimes Cases in the Supreme Court

  In this memorandum the OLC advised the attorney general regarding the Supreme Court’s grant of certiorari in two war crime cases emerging in the Philippines. The OLC opined that the cases should be rendered moot because they were “exceedingly weak.” In agreement with the solicitor general, the OLC urged the attorney general that the prisoners be released to render the case moot as quickly as possible.

  5/16/2022

• 7/15/1946

  Guidance on the newly-enacted Administrative Procedure Act

  The Office of the Attorney General prepared this memorandum to assist the “heads of departments and agencies” once section 3 of the Administrative Procedure Act was to become effective on September 11, 1946.

  5/16/2022

• 7/2/1946

  Presidential Appointment of Justice Robert Jackson to Prosecute Axis War Criminals in Europe

  The President may appoint Justice Jackson as United States prosecutor of the Axis war criminals in Europe. 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/20621/download.

  7/2/1946

• 1/3/1946

  Federal Jurisdiction over Violence against Japanese-Americans

  This memo explored the issue of jurisdiction in regard to the federal government’s desire to protect Asian-American citizens from discrimination throughout the country. The OLC noted that the federal government could only intervene when there has been a violation of a federal rights. Thus, it could be possible to find jurisdiction when Japanese-Americans were prevented from exercising their rights under the G.I. Bill of Rights. The OLC recommended that more information should be collected on those incidents to assess if the allegations are substantial enough to amount to a denial of the right to equal protection under the law. The OLC also recommended that when dealing with cases of discrimination on Servicemen’s Honor Rolls, the attorney general should seek the “the cooperation of the Legion and other veterans’ organizations to correct the situation.” This memo includes a proposed directive from President Roosevelt on the subject.

  5/16/2022

• 12/21/1945

  Determinations Regarding Cessation of Hostilities, Termination of the War and of the Emergency

  This opinion explained that the end of hostilities during World War II did not end the war, and instead identified it as the first of three phases to the restoration of peace. Because different wartime statutes used different phases to trigger changes in statutory obligations, the OLC advised that distinct proclamations or joint resolutions noting the end of hostilities, officially declaring an end to the war, and terminating the state of emergency should be issued.

  9/2/2022

• 12/19/1945

  Reinstatement of a Federal Judge Following His Service in the Army

  The reemployment provisions of the Selective Training and Service Act of 1940 are likely inapplicable to a federal judge. If the Selective Training and Service Act of 1940 does not run to the benefit of federal judges, Judge William Clark has vacated his judicial office, under the circumstances presented here. If the Selective Training and Service Act of 1940 does apply, then Judge Clark's resignation may be immaterial, and the prohibition in the Act of July 31, 1894 against holding a second office probably does not apply. If Judge Clark's further judicial services are desired, he should be given a new appointment, subject to Senate confirmation. 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/20706/download.

  12/19/1945

• 12/12/1945

  Claims Arising out of the Loss of or Damage to Property Deposited by Alien Enemies with United States Marshals

  The opinion concluded that United States marshals should return any property in their custody without waiting for any further orders from the president or attorney general, and discussed the need for legislation to manage the process of resolving any claims relating to loss or damage of property.

  9/2/2022

• 8/18/1945

  Termination of Plant Seizures

  This opinion advised the attorney general that the agencies holding seized plants or other facilities intended to turn the properties back to their owners “as speedily as possible,” but noted that the War Labor Disputes Act might prevent the transfers, because the Act required a determination that the productive efficiency of the property was restored to pre-seizure levels before restoration. The OLC therefore recommended that the President issue an Executive Order allowing any agency to terminate seizures as soon as practicable.

  9/2/2022