Reading Room Document

Constitutionality of the OLC Reporting Act of 2008

S. 3501, the OLC Reporting Act of 2008, which would require the Department of Justice to report to Congress on a wide range of confidential legal advice that is protected by constitutional privilege, is unconstitutional. The bill raises very serious policy concerns because it would undermine the public interest in confidential advice and information sharing that is critical to informed and effective government decisionmaking. 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/482161/download.

November 14, 2008