Showing 321–330 of 2202

• 5/10/2005

  Application of 18 U.S.C. §§ 2340–2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee

  This opinion reviews whether each of 13 interrogation techniques (which include dietary manipulation, nudity, attention grasp, walling, facial hold, insult (facial) slap, abdominal slap, cramped confinement, wall standing, stress position, water dosing, sleep deprivation, and waterboarding) proposed by the CIA to apply on a high value al Qaeda detainee comply with the federal prohibition on torture, codified at 18 U.S.C. §§ 2340–2340A. The opinion concludes that none of these specific techniques, viewed independently, would violate the statute, provided that limitations, procedures, and safeguards are in place. The opinion notes that extended sleep deprivation and waterboarding may, however, prompt more substantial legal questions. 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/file/886271/download.

  5/10/2005

• 5/10/2005

  Application of 18 U.S.C. §§ 2340–2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees

  This opinion reviews whether the combined use of 13 interrogation techniques (which include dietary manipulation, nudity, attention grasp, walling, facial hold, insult (facial) slap, abdominal slap, cramped confinement, wall standing, stress position, water dosing, sleep deprivation, and waterboarding) proposed by the CIA to apply on a high value al Qaeda detainee comply with the federal prohibition on torture. The opinion concludes that the combined use of these techniques do not violate the statute. 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/docs/memo-bradbury2005-2.pdf.

  5/10/2005

• 3/11/2005

  Whether Appropriations May Be Used for Informational Video News Releases

  The "covert propaganda" prohibition in appropriations statutes does not apply where there is no advocacy of a particular viewpoint, and therefore it does not apply to the legitimate provision of information concerning the programs administered by an agency, such as through an informational video news release. A recent, contrary opinion of the Comptroller General is not binding on the Executive Branch. 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/opinion/file/832866/download.

  3/11/2005

• 3/9/2005

  Application of the Emoluments Clause to a Member of the President's Council on Bioethics

  A member of the President's Council on Bioethics does not hold an "Office of Profit or Trust" within the meaning of the Emoluments Clause of the Constitution. 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/op-olc-v029-p0055pdf/download.

  3/9/2005

• 2/2/2005

  Religious Objections to the Postal Service Oath of Office

  Section 1011 of title 39 of the United States Code specifies an oath of office that all Postal Service officers and employees must take. Title VII of the Civil Rights Act of 1964 does not require the Postal Service to depart from the dictates of section 1011 in order to accommodate (beyond what is required by section 1011) prospective employees who raise bona fide religious objections to taking this oath. The Religious Freedom Restoration Act does not require any further accommodation in response to three common objections to taking this oath. 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/op-olc-v029-p0037pdf/download.

  2/2/2005

• 1/18/2005

  Treatment of Expunged State Convictions Under the Immigration and Nationality Act

  Under the definition of "conviction" contained in the Immigration and Nationality Act, for a conviction not involving a first-time simple possession of narcotics, an alien remains convicted, and thus removable under the Act, notwithstanding a subsequent state action to vacate or set aside the conviction that does not reflect a judgment about the merits of the underlying adjudication of guilt. 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/op-olc-v029-p0001pdf/download.

  1/18/2005

• 1/12/2005

  Status of the Director of Central Intelligence Under the National Security Intelligence Reform Act of 2004

  At the time the National Security Intelligence Reform Act of 2004 takes effect, the then-current Director of Central Intelligence would not require a new appointment to the office of Director of the Central Intelligence Agency should the President wish him to serve in that position. 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/op-olc-v029-p0028pdf/download.

  1/12/2005

• 1/11/2005

  Application of Record Destruction Requirements to Information Received From the National Instant Criminal Background Check System

  Under the laws governing destruction of background check information, the Bureau of Alcohol, Tobacco, Firearms, and Explosives—which routinely receives and retains certain information from the National Instant Criminal Background Check System whenever the NICS determines that an individual seeking to purchase a firearm may not lawfully receive a firearm—does not have to destroy that information if the NICS later overturns that determination. 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/op-olc-v029-p0017pdf/download.

  1/11/2005

• 12/30/2004

  Definition of Torture Under 18 U.S.C. §§ 2340—2340A

  This opinion interprets the federal criminal prohibition against torture codified at 18 U.S.C. §§ 2340—2340A. It supersedes in its entirety the August 1, 2002 opinion of this Office entitled Standards of Conduct under 18 U.S.C. §§ 2340—2340A. That statute prohibits conduct "specifically intended to inflict severe physical or mental pain or suffering." This opinion concludes that "severe" pain under the statute is not limited to "excruciating or agonizing" pain or pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death." The statute also prohibits certain conduct specifically intended to cause "severe physical suffering" distinct from "severe physical pain." 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/18791/download.

  12/30/2004

• 12/6/2004

  Political Balance Requirement for the Civil Rights Commission

  In appointing a new member to the United States Commission on Civil Rights, in order to comply with the statutory requirement that "[n]ot more than 4 of the members shall at any one time be of the same political party," the President should look to the party affiliation of the other members at the time the new member is appointed. 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/18796/download.

  12/6/2004