The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit
This Reading Room is a comprehensive database of published opinions written by the Justice Department’s Office of Legal Counsel (OLC). It contains the approximately 1,400 opinions published by the OLC in its online database and the opinions produced in Freedom of Information Act litigation brought by the Knight Institute, including opinions about the Pentagon Papers, the Civil Rights Era, and the War Powers Act. It also contains indexes of unclassified OLC opinions written between 1945 and February 15, 1994 (these indexes were created by the OLC and intended to be comprehensive). We have compiled those indexes into a single list here and in .csv format here. This Reading Room also contains an index of all classified OLC opinions issued between 1974 and 2021, except those classified or codeword-classified at a level higher than Top Secret (the OLC created this index, too, and intended it to be comprehensive).
The Knight Institute will continue updating the reading room with new records. To get alerts when the OLC publishes a new opinion in its database, follow @OLCforthepeople on Twitter.
Showing 1261–1270 of 2202
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Suing to Enjoin the Enforcement of a Senate Committee's Subpoena
This opinion addressed whether the Justice Department could have sued to prevent the Senate Judiciary Committee from seeking files on criminal investigations, which included grand jury materials, internal memoranda, and information gathered during investigations. The OLC opinion explained that the Speech or Debate Clause of the Constitution “almost certainly bars” a suit seeking to prohibit the issuance of a Congressional subpoena, although it would not bar a suit against Congressional employees who attempted to enforce the subpoena. The OLC also warned that a preemptive suit might not have been successful because “courts are reluctant to intervene in disputes between the executive and Congress until they are convinced that the other two branches are at loggerheads.”
5/16/2022
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Whether the National Commission on Libraries and Information Science (the "Commission") must receive clearance from the Office of Management and Budget ("OMB") for proposed legislation.
7/27/2020
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Commercial Salmon Fishing Rights of Hoopa Valley Reservation Tribes
7/27/2020
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The Constitutional Privilege for Executive Branch Deliberations: The Dispute with a House Subcommittee over Documents Concerning the Gasoline Conservation Fee
10/27/2020
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Disclosure of Tax Division Files for Purposes of General Accounting Office Audit
Under 31 U.S.C. § 67 and 26 U.S.C. § 6103, the Tax Division of the Department of Justice may disclose to the General Accounting Office (GAO) case files containing tax returns and related information for the purpose of and to the extent necessary in GAO's audit of Internal Revenue Service operations. 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/22566/download.
1/13/1981
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Validity of Federal Tax Lien on Civil Service Retirement Refund
Under 5 U.S.C. § 8346(a), the Internal Revenue Service is barred from attaching the civil service retirement refund of a former federal employee in order to satisfy her husband's tax liability, notwithstanding any interest the latter individual may have in the refund under Nevada's community property law. 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/22561/download.
1/13/1981
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[UNTITLED] (regarding “the legality of proposed procedures for the disposition of transcripts of telephone conversations of former Secretary of State Henry A. Kissinger”)
This opinion concludes that the State Department's proposal to review and categorize transcripts of telephone conversations of former Secretary of State Henry. A. Kissinger is consistent with relevant statutes, overruling the objections of the GSA. 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/936096/download.
1/13/1981
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Congressman Jack Edwards has requested the Department to bring a prosecution to enforce that part of 18 U.S.C. § 1461 which prohibits the mailing of pro-abortion materials.
7/27/2020
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Reward to Citizens for Providing Information Regarding Improper Disposal of Special Nuclear Material
7/27/2020
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Formulation of Department of Justice Policy on Private Bills of Relief for Victims of Constitutional Torts
7/27/2020