Showing 681–690 of 2202

• 2/14/1994

  Whether the Office of the Vice President Is an "Agency" for Purposes of the Freedom of Information Act

  The Office of the Vice President is not an "agency" for purposes of the Freedom of Information Act. 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/20396/download.

  2/14/1994

• 2/10/1994

  Denial of Public Access to Trial Exhibits in Child Pornography Prosecutions

  Courts may deny public access to exhibits entered into evidence in child pornography prosecutions. 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/20401/download.

  2/10/1994

• 2/2/1994

  Authority for Issuing Hatch Act Regulations

  The Office of Personnel Management, rather than the Office of Special Counsel, has the authority to promulgate regulations delimiting the scope and nature of permissible activities under the Hatch Act Reform Amendments of 1993. 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/20406/download.

  2/2/1994

• 1/13/1994

  Appointment of an Acting Staff Director of the United States Commission on Civil Rights

  This opinion concludes that the Commission on Civil Rights cannot supersede President Clinton's appointment of Stuart Ishimaru as its Acting Staff Director, since the Constitution vests the president with the authority to make this appointment and the Comission had no legal authority to override it. 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/page/file/1311936/download.

  1/13/1994

• 12/23/1993

  Reconsideration of Prior Opinion Concerning Land-Grant Colleges

  After reconsideration of a prior opinion, we adhere to the conclusion that the State of West Virginia may validly designate West Virginia State College as the beneficiary of appropriated funds under the Second Morrill Act of 1890. Reversing our prior conclusion, we find that the State's designation of the College as a Second Morrill Act beneficiary does not make that institution eligible for funds appropriated under certain statutes administered by the Department of Agriculture. 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/20411/download.

  12/23/1993

• 12/22/1993

  Admissibility of Alien Amnesty Application Information in Prosecutions of Third Parties

  The confidentiality provisions of the Immigration Reform and Control Act of 1986 generally bar federal prosecutors from introducing information from a lien amnesty applications as evidence in criminal prosecutions of third parties, but the use of such information is not barred in prosecutions of third parties for crimes that facilitate, or are closely related to, the filing of a false amnesty application. Justice Department use of amnesty application information is also subject to regulations issued by the Immigration and Naturalization Service. Those regulations limit such use against third parties to the prosecution of persons who have "created or supplied a false writing or document for use" in an amnesty application, which may include persons who take bribes to approve false amnesty applications. 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/20416/download.

  12/22/1993

• 12/21/1993

  Constitutional Analysis of a Proposed Statute Authorizing United States District Judges to Refer Certain Civil Forfeiture Cases to United States Magistrate Judges

  This memo, written by Walter Dellinger, assessed the constitutionality of a proposed statute giving federal district courts authority to reassign civil forfeiture cases to magistrate judges, whose decisions would be subject to de novo review at the request of either party. The OLC concluded that the proposed statute violated the Seventh Amendment because it subjected jury verdicts in civil forfeiture cases to de novo review. The OLC suggested that if the statute were limited so that magistrate judges only conducted proceedings for civil forfeiture cases in which the parties waived their right to a jury trial, there would be no constitutional issues.

  9/2/2022

• 12/20/1993

  Clarification of Prior Opinion Regarding Borrowing by Bank Examiners

  18 U.S.C. § 213, which prohibits federal bank examiners from borrowing from Federal Reserve member banks or other entities subject to examination by them, does not prohibit such examiners from receiving loans or credit from affiliates of covered banks merely because such affiliates are under "common control" with the bank or because the covered bank and the affiliate have a common majority of corporate officers or directors. An examiner would be prohibited from borrowing from such an affiliated entity, where the affiliate is serving as a conduit or "front" for the implementation of a loan that is actually extended due to the direction, instigation, or influence of the affiliated member bank or person connected therewith. 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/20421/download.

  12/20/1993

• 12/9/1993

  Applicability of Executive Order No. 12674 to Personnel of Regional Fishery Management Councils

  The appointed members of Regional Fishery Management Councils established under the Magnuson Fishery Conservation and Management Act and other personnel of those Councils are not executive branch employees for purposes of Executive Order No. 12674 and its implementing regulations, and thus are not subject to that Order. 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/20431/download.

  12/9/1993

• 12/9/1993

  Authority to Pay State and Local Taxes on Property After Entry of an Order of Forfeiture

  The Attorney General has discretionary authority to make payments of state and local tax claims against civilly forfeited property after a forfeiture order has been issued, based on her equitable discretion to administer civilly forfeited property, under 21 U.S.C. § 881(b)—(e) and 28 U.S.C. § 524(c)(1). The Attorney General has discretion to pay state and local tax claims against criminally forfeited property, under the authority in those statutes to "take any other action to protect the rights of innocent persons which is in the interests of justice." 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/20426/download.

  12/9/1993