Showing 1701–1710 of 2214

• 1/26/1977

  Provision of Military Aircraft and Hospital Corpsman to Former President Ford

  The document discusses the provision of military aircraft and a medical corpsman to former President Ford for official and personal travel. The conclusion reached is that the President may direct aircraft assigned to him to transport Mr. Ford on official transition business and may detail a medical corpsman to accompany him on such flights. However, for personal travel, the President may direct an aircraft assigned to him on a one-time basis to carry Mr. Ford, but may not detail a medical corpsman to that flight. The document also presents questions regarding the authority of the President to utilize military aircraft and a medical corpsman for non-official purposes, as well as the potential use of these resources in connection with Secret Service protection for the former President.

  1/26/1977

• 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

  This document is a memorandum discussing the views of the Department of Justice regarding the boycott provisions of the Export Administration Act amendments passed by the Senate and the House of Representatives. The conclusions reached in the document are that the Senate version does not represent a significant extension of existing law, while the House version constitutes an extreme approach to the regulation of boycott-related conduct. The main questions presented for review include the legislative strategy, the possibility of a veto, and the potential effects on international relations and trade with Arab countries. Additionally, the document discusses the bills' provisions prohibiting boycott-related conduct and the means of enforcing such prohibitions.

  9/2/2022

• 9/14/1976

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

  This document discusses the Fourth Amendment implications of using FBI agents and assets in foreign intelligence and counterintelligence cases. It concludes that there is inherent presidential authority to conduct certain searches and seizures in these cases, and that the Attorney General may also have the authority to authorize such actions. The document presents questions about the extent of presidential authority, the delegation of authority to the Attorney General, and the application of traditional criminal standards to search and seizure in foreign intelligence and counterintelligence cases. It also recommends developing guidelines for the use of counterintelligence assets.

  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

  This document is a memorandum from the Attorney General to the Director of the FBI regarding the dissemination of information concerning domestic demonstrations or civil disorders. The conclusion reached in the document is that there is a need to establish precise standards for the routine dissemination of information outside of the Department, particularly with reference to civil disorders and demonstrations. The questions presented for review include distinguishing between information that will be disseminated on a routine basis and that which would be available upon specific request, as well as recognizing the limited nature of the Federal Government's interest in civil disorders and demonstrations. Additionally, the document emphasizes the importance of not making routine dissemination unless the information indicates that some action or response by the agency involved is likely to be required.

  9/2/2022

• 7/14/1976

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

  This document is a memorandum to the Attorney General discussing the limitations imposed by the Fourth Amendment on the warrantless use of informants and undercover agents for domestic security investigations. The conclusions reached in the document are that the Fourth Amendment does not protect against certain risks inherent in human relations, and that an informant or undercover agent may gather information without a warrant only if the person voluntarily grants access to the information. The document presents questions for review, such as whether the Fourth Amendment applies differently to intelligence or counter-intelligence investigations compared to criminal investigations, and whether certain uses of informants may violate constitutional prohibitions other than those contained within the Fourth Amendment.

  9/2/2022