Showing 1691–1700 of 2202

• 11/30/1976

  Disclosure of Confidential Information Received by U.S. Attorney in the Course of Representing a Federal Employee

  This opinion examines whether, in the case of a federal employee involved in a civil suit and represented by an Assistant U.S. Attorney, the self-incriminating information the employee reveals to the Assistant U.S. Attorney that may implicate him in other criminal violations can and should be used to bring criminal prosecutions or take disciplinary action against the employee. The opinion concludes that the DOJ cannot use the self-incriminating information against the employee. The opinion also recommends that the DOJ obtains other counsel for the employee but investigates if the effect of the employee's prior misconduct as a FBI informant should invalidate convictions resulting from those criminal trials. 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/936086/download.

  11/30/1976

• 11/15/1976

  J. Edgar Hoover Memorabilia

  This opinion concludes that certain memorabilia of the late J. Edgar Hoover in the custody of the FBI were actually pieces of personal property. The OLC advises the DOJ to notify the executor of the estate and assist with the disposition of the memorobilia. 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/936056/download.

  11/15/1976

• 9/30/1976

  Army Electronic Surveillance Procedures

  This memo agreed with the conclusion of a previous memo to the Attorney General that the Army need not retain complete tapes of all electronic surveillance it conducts overseas. It reasoned that there was neither a statutory nor judicial requirement for retention. Although the opinion explained that a criminal defendant could attempt to use retained tapes as evidence that the surveillance was unlawful, it advised that documentation of the justification for surveillance and minimization procedures would better address that concern.

  9/2/2022

• 9/28/1976

  Anti-boycott Provisions of the Export Administration Act

  9/2/2022

• 9/14/1976

  Fourth Amendment implications of use of FBI agents and assets in foreign intelligence and counterintelligence cases

  9/2/2022

• 9/1/1976

  Constitutionality of Regulatory Reform Legislation for Independent Agencies

  Although there is no constitutional impediment to the bill's requirement that independent regulatory agencies communicate their legislative and budgetary messages directly to the Congress without first clearing them with OMB, a uniform rule in the opposite extreme—i.e., that no communication from an independent agency may be sent to OMB unless it is simultaneously sent to the Congress—would not adequately protect important interests of the Executive Branch. The congressional access provisions of the bill would not affect the power of the President, or the agency acting on the President's behalf, to assert executive privilege, because in the absence of express language in the bill, it must be assumed that the bill does not constitute an attempted infringement of the constitutionally based privilege, which is available with respect to those functions of independent regulatory agencies that are of an executive or quasi-executive nature. 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/20881/download.

  9/1/1976

• 8/5/1976

  Appointment of a Federal Judge to the United Nations Delegation

  If this were a matter of first impression, appointing a federal judge to be a representative of the United States to the General Assembly of the United Nations would be inconsistent with the constitutional doctrines of separation of powers and independence of the judiciary. However, because of the longstanding practice of appointing federal judges to temporary office in the Executive Branch, and the absence of any explicit constitutional text, it cannot be maintained that such an appointment would be unconstitutional. 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/20876/download.

  8/5/1976

• 7/26/1976

  Dissemination of information concerning domestic demonstrations or civil disorders

  9/2/2022

• 7/14/1976

  Fourth Amendment Restrictions on the Use of Informants in Domestic Security Investigations

  9/2/2022

• 7/12/1976

  Proposed Appointment of Chairman of the President's Committee on Science and Technology

  This opinion reviews whether the conflict of interest statute would preclude the appointment of an officer and stockholder of TRW, Inc. as the chairman of the President's Committee on Science and Technology. The opinion concludes that, since most of the Committee's activities do not involve particular programs or policies in which TRW has an identifiable interest, the conflict of interest law does not apply. 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/1009446/download.

  7/12/1976