Showing 1651–1660 of 2214

• 6/3/1977

  Constitutionality of Legislation Increasing the Size of the Board of Directors of the Federal National Mortgage Association

  The document addresses the constitutionality of S\. 1397, a proposed legislation to amend the Federal National Mortgage Association Charter Act. The conclusion reached is that the enactment of S\. 1397 would be a legal exercise of congressional power and within the boundaries of the Constitution. The questions presented for review include whether the charter granted to FNMA created contractual rights, if contractual rights derived from a legislative act are protected by the Constitution, whether stockholders have vested rights to the continuation of FNMA’s charter, and if the proposed legislation would result in a “taking” of FNMA's stockholders’ property without “due process of law” or “just compensation.” The document also discusses the implications of the proposed legislation on the stockholders' rights and the application of the Freedom of Information Act to FNMA.

  6/3/1977

• 6/2/1977

  Service by Members of Congress on National Commission on Neighborhoods

  The document discusses the question of whether service by a State official as a member of the National Commission on Neighborhoods would constitute holding an office under the authority of the United States. The conclusion reached is that it would not be construed as holding an office under the Federal Constitution. The document also presents a concise summary of the questions presented for review, including the discussion of whether holding positions on certain commissions constituted holding office within the meaning of the Constitution.

  6/2/1977

• 6/1/1977

  Impact of Weissman v. CIA on Executive Order 11905.

  This document is a memorandum discussing the impact of Weissman v. CIA on Executive Order 11905. It raises questions about whether the CIA is authorized to conduct background investigations of United States citizens without their knowledge or consent, and if such investigations are considered "law enforcement purposes" as required by exemption 7. The conclusion reached is that regardless of the resolution of these questions, there is no necessity for amending Executive Order 11905. The document also highlights the lack of clarity in the court's decision and the potential implications for the CIA's activities.

  9/2/2022

• 5/31/1977

  Applicability of Hatch Act to Service by United States Attorney and Assistants as Delegates to the Virgin Islands Constitutional Convention

  The document is a memorandum opinion regarding the applicability of the Hatch Act to employees of the Department of Justice in the Virgin Islands running for and serving as delegates to the forthcoming Virgin Islands constitutional convention. The conclusion reached is that the Hatch Act does not prohibit the proposed activity, as it is not specifically identified with a national or state political party. The document also raises the question of whether employees must take a leave of absence from their official positions during the proceedings of the convention, and it is concluded that there is no legal requirement for such leave, but it may be necessary to consult the Federal Personnel Manual and appropriate officials in the Office of Management and Finance for further guidance.

  5/31/1977

• 5/24/1977

  Application of Department of Justice Attorney to Argue Civil Rights Case for Private Plaintiffs

  The document discusses the evaluation of Mr. A's application for leave to argue a civil rights case for private plaintiffs, in accordance with the Department's Standards of Conduct. Mr. A had requested leave to brief and argue the case after joining the Department, citing his unique qualifications and familiarity with the case. The conclusion reached is that while Mr. A was allowed to assist in preparing the brief, he was not permitted to participate in oral argument due to the absence of "unusual circumstances" that initially justified his involvement. The questions presented for review include whether a distinction should be drawn between preparing and signing the brief and participating in oral argument, as well as the possible impact on the Department if Mr. A argues the case, and the hardship to his former clients if he does not.

  5/24/1977

• 5/24/1977

  Determination of Date of Commencement of Service of Members of the Renegotiation Board

  The document addresses the issue of determining the date of commencement of service for two recently appointed members of the Renegotiation Board. The conclusion reached is that the officer who was commissioned first takes precedence over the other. This is based on the principle established by the Supreme Court and Acts of Congress, which confer precedence according to the date of commission. The document presents the question of when federal officers' service begins for purposes of seniority and provides a clear explanation of the conclusion reached based on legal principles and precedents.

  5/24/1977

• 5/24/1977

  President's Authority To Appoint an Acting Chairman of the Civil Aeronautics Board

  This document addresses the issue of the President's authority to appoint an Acting Chairman of the Civil Aeronautics Board (CAB). The conclusion reached is that the President is not precluded from designating a member of the Board as Acting Chairman, despite the existence of a Vice Chairman. The document raises questions about the interpretation of the statute, specifically whether the absence of the term "vacancy" in the statute means that the Vice Chairman should serve as Acting Chairman in the event of a vacancy in the office of Chairman. It also discusses the distinction between vacancy, absence, and incapacity in relation to statutes authorizing an officer to "act" for another.

  5/24/1977

• 5/23/1977

  Executive Privilege

  This opinion outlines the doctrine of executive privilege as it relates to requests from congressional committees for executive branch information and documents, including historical precedents and recent practices. 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/1225981/download.

  5/23/1977

• 5/17/1977

  Legal and Ethical Aspects of Temporary Exchange of Duties by Assistant United States Attorneys and Assistant Federal Public Defenders

  The document discusses the legal and ethical aspects of having Assistant United States Attorneys and Assistant Federal Public Defenders temporarily exchange duties. The conclusion reached is that while statutes governing conflicts of interest and the Department's Standards of Conduct do not prohibit the temporary assignment, ethical problems arise due to conflicting loyalties and the potential impairment of the defendant's Sixth Amendment right to effective assistance of counsel. The questions presented for review include the applicability of conflict of interest laws and ethical implications of the proposed exchange program, as well as the potential impact on the defendant's right to effective assistance of counsel.

  5/17/1977

• 5/16/1977

  Detail of Department of Justice Attorneys to Congressional Committees

  The document discusses the legality and ethical implications of "loaning" Department of Justice attorneys to the Subcommittee on Criminal Justice of the House Judiciary Committee for an 18-month period to work on the proposed revision to the Federal Criminal Code. The conclusion reached is that such an arrangement would be legal, but it raises potential ethical problems, particularly in terms of the attorney's ability to represent the interests of both the Department and the subcommittee. The questions presented for review include the attorney's client, the potential conflict of interest, and the need for consent and full disclosure if the attorney is to have the subcommittee as his client.

  5/16/1977