
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 51–60 of 222
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Legislative Veto of Rules Promulgated by "Independent" Agencies
7/27/2020
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Use of funds under Home Energy Assistance Act of 1980 for payments to public housing authorities.
7/27/2020
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Whether adjustments made under the Cuban Refugee Adjustment Act (the "Act"), 8 U.S.C. § 1255 note, must be counted against the numerical limitations of visas issued under the Immigration and Nationality Act. 8 U.S.C. § 1151(a)
7/27/2020
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Ownership of agricultural ranching interests by Department of Agriculture employees.
7/27/2020
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Questions about the role of the Federal Bureau of Investigation's attorneys in the field (Principal Legal Advisors) and at headquarters in the Legal Counsel Division.
7/27/2020
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Execution of Warrants and Subpoenas by United States Marshals
7/27/2020
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Memorandum to the Attorney General from the Director of the FBI dealing with certain types of FBI assistance to foreign law enforcement agencies.
7/27/2020
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Notification to Congress of the Department's Decision Not to Maintain the Constitutionality of an Act of Congress.
7/27/2020
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Designation of Assistant Attorney General for Administration.
7/27/2020
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Financial disclosure provisions of Surface Mining Act.
7/27/2020