The OLC
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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).

Some opinion descriptions were drafted by the OLC, some were prepared by Knight First Amendment Institute staff, and some were generated using AI tools.

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.

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  • Effect of Court of Appeals Decision on CIA Activities

    The document is a memorandum opinion discussing the consequences of the Court of Appeals for the District of Columbia Circuit's decision in Weissman v. Central Intelligence Agency. The court's ruling raises questions about the activities of the CIA and the scope of permissible investigations of U.S. citizens with no connection to the CIA. The document provides a detailed analysis of the court's decision and suggests that the CIA should draft procedures governing investigations of U.S. citizens without clear connections to the CIA, while also seeking further clarification from the court. The conclusions reached in the document highlight the ambiguity of the court's opinion and the need for the CIA to develop procedures for conducting investigations in light of the ruling.

    9/1/1977

  • Authority of Secretary of Agriculture to Establish Price Support Program for Sugar Producers Under the Agriculture Act of 1949

    The document is a memorandum opinion regarding the proposed price support program for sugar producers under the Agricultural Act of 1949. The program would provide supplemental cash payments to producers of sugar beets and sugarcane through processors, pegged to production and the differential between the market price for sugar and 13.5 cents per pound. The conclusion reached in the document is that the proposed program is unauthorized under the Agricultural Act of 1949, as amended, as it is indistinguishable from a program of production payments, which the Act prohibits. The document presents questions regarding the interpretation of "other operations" and whether the proposed program provides "price support" as intended by the Act.

    8/18/1977

  • Legal Questions Raised by the Library of Congress Critique of Reorganization Plan No. 1 of 1977

    The document is a legal opinion addressing the questions raised by the Library of Congress Critique of Reorganization Plan No. 1 of 1977. The conclusions reached in the document are that the critique's challenges to the legality of specific aspects of the plan are not warranted. The questions presented for review include the legality of the appointment of the Executive Director of the Domestic Policy Staff, the appointment of an Assistant Secretary of Commerce, and compliance with House of Representatives Rules regarding appropriations. The document provides detailed legal analysis and arguments to support the conclusions reached.

    8/12/1977

  • Legality of Presidential Appointees' Writing Articles and Books for Publication

    The document discusses the legality and propriety of Presidential appointees writing articles and books for publication, with or without compensation, related to their official responsibilities. It concludes that the activities are governed by Executive Order No. 11222 and agency regulations, and advises appointees to consult their agency's ethics counselor for guidance. The document presents questions about the receipt of compensation for writing related to official duties, the limitations on compensation, and the use of nonpublic information. It also addresses the restrictions on uncompensated activities and the appearance of using public office for private gain.

    8/12/1977

  • Dual-Purpose Presidential Advisers

    This opinion concludes that the propoed arrangement of "dual-purpose" presidential advisors, who would both advise the president and be amenable to congressional demands for testimony, would erode the doctrine of executive privilege. 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/1225986/download.

    8/11/1977

  • Appointment of Members of the National Commission on Neighborhoods

    The document discusses the interpretation of the phrase "members of the same political party" in the National Neighborhood Policy Act, specifically in relation to the National Commission on Neighborhoods. The conclusion reached is that the statute does not require appointees to be registered Democrats or Republicans, and the President is free to appoint individuals affiliated with lesser-known political parties or independents. The document presents questions for review regarding the determination of whether a potential appointee is a "member" of a political party, and outlines criteria such as sharing the basic beliefs of the party, desiring to belong to the party, and performing certain actions in furtherance of its goals. The document also discusses various forms of active support that may indicate membership in a political party, such as financial support, attendance at meetings, volunteer activity, speeches, or service as an officer.

    7/28/1977

  • Disposition of Nixon Memorabilia

    The document discusses the proper disposition of personalized memorabilia of former President Nixon left in the Old Executive Office Building when he resigned. The conclusion reached is that the memorabilia, purchased with private funds, have become the property of the United States under certain statutes and regulations. The document presents questions regarding the determination of ownership interests, the handling of items purchased in the People’s Republic of China, and the notification process for potential claimants before the memorabilia is used or disposed of. It also outlines the responsibility of the White House Office in evaluating claims for return and reporting unusable items to the General Services Administration.

    7/28/1977

  • Appointment of Member of the Federal Election Commission Who Resigned From Federal Service Immediately Prior to Appointment

    The document is a memorandum opinion for the counsel to the president regarding the appointment of members to the Federal Election Commission. The document concludes that the purpose of the statute is satisfied if the member of the Commission resigns his Federal position immediately prior to his appointment. It also discusses the interpretation of the term "appointment" within the meaning of the statute and concludes that the appointment process consists of three steps: nomination, advice and consent of the Senate, and appointment itself. The document presents questions for review, including whether the statute permits appointment of an individual who had resigned from Federal service immediately prior to his appointment, and what constitutes "appointment" within the meaning of the statute.

    7/22/1977

  • Obligation of United States to Compensate Court-Appointed Expert Witnesses in Pending Litigation

    The document discusses the United States' obligation to compensate court-appointed expert witnesses in the case of United States v. R.J. Reynolds Tobacco Co. The conclusion reached is that the word "parties" in Rule 706 of the Federal Rules of Evidence includes the United States, and therefore, the United States is obligated to pay its fair share of the expert witness' compensation. The document presents the question of whether the Division should invoke the doctrine of sovereign immunity to recover payments already made or resist attempts by the defendants to charge the cost of the expert witness to the United States. The document also delves into the history of the matter and the legislative purpose of the Federal Rules of Evidence. It concludes that invoking sovereign immunity in this case would go against public policy, fundamental fairness, and the congressional purpose of the Federal Rules of Evidence.

    7/20/1977

  • Proper Agency to Make Payment for the Compensation of Court-Appointed Expert Witnesses in Cases Handled by the Department of Justice

    The document discusses the proper agency responsible for compensating court-appointed expert witnesses in cases handled by the Department of Justice. The conclusion reached is that in criminal cases, the Administrative Office of the United States Courts is required to compensate the witnesses, while in condemnation and "other civil cases," it is the agency initiating and litigating the action. The document presents questions regarding the interpretation of the language in Rule 706 of the Federal Rules of Evidence, specifically regarding the compensation of expert witnesses and the responsibility of different agencies in different types of cases. It also raises the question of whether Congress should appropriate funds to the Administrative Office for compensating all court-appointed expert witnesses.

    7/20/1977

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