The OLC
Astrid Da Silva

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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  • 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

  • Interpretation of Section 4(a)(5) of E.O. 11905

    This document is a memorandum addressing the interpretation of Section 4(a)(5) of Executive Order 11905, which requires senior officials to report information related to possible violations of law to the Attorney General. The conclusion reached is that only violations of the "laws of the United States" are required to be reported, and the Department of Justice has jurisdiction over violations of the D.C. Code. The document presents questions about the interpretation of the reporting requirement, including whether it applies to civil or criminal laws, and whether violations of State law should be reported. It also raises concerns about limitations on the dissemination of information acquired and suggests the need for an amendment to allow for the reporting of incidentally acquired information relating to State crimes.

    9/2/2022

  • Martin Luther King Investigation

    This document is a memorandum to the Attorney General regarding the Martin Luther King investigation. The conclusions reached in the document include the recommendation for the continuation of the investigation, the handling of personnel, the disposition of tapes, prosecution and disciplinary action, compensation, and the task force report. The document also presents questions for review, such as whether to create an advisory committee, how to handle the task force report, and whether to make an immediate announcement.

    9/2/2022

  • CIA Counterintelligence Activity

    This document is a communication regarding a proposal for CIA counterintelligence activity, with the conclusion that there is no strong objection to the proposal, but there should be a condition for turning the matter over to the FBI at an appropriate point. The document also raises questions about the language used in the proposal, specifically regarding the phrase "sufficient contact" and the need for clarification on what it means. The document presents the conclusion that the turning over of the project to the FBI should be a condition, and questions the use of language in the proposal.

    9/2/2022

  • Coverage of the Smithsonian Institution by Certain Federal Statutes

    This opinion concludes that the Smithsonian Insitution is not legally obliged to comply with the Freedom of Information Act, the Federal Advisory Committee Act, or the Privacy Act, since it is not a traditional federal agency. 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/936051/download.

    2/19/1976

  • Constitutionality of Bill Creating an Office of Congressional Legal Counsel

    Congressional officers representing the combined power of both houses of Congress—in contrast to officers of either house—who perform significant governmental duties must be appointed as provided in the Appointments Clause of the Constitution. The authority to bring a civil action requiring an officer or employee of the Executive Branch to act in accordance with the Constitution and laws of the United States is an exclusive executive function that must be exercised by an executive officer who must be appointed as provided for in the Appointments Clause and be subject to the President's unlimited removal power. 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/20871/download.

    2/13/1976

  • Ezra Pound Papers

    This document discusses the proper disposition of personal papers taken by the FBI from Ezra Pound in 1945. The conclusion reached is that the Bureau should release all documentary material to the Pound Estate Administrator, John B. Jones, Jr., with legal protection agreements in place. However, there are unresolved issues regarding proprietary and copyright claims on other materials obtained by the Bureau, as well as concerns about the privacy interests of individuals mentioned in the investigatory files. The document presents questions about how to handle these unresolved issues and seeks advice on whether the proposed resolution is satisfactory.

    9/2/2022

  • Prosecution in the United States of assassinations abroad

    This document discusses the prosecution of assassinations or conspiracies to carry out assassinations of foreign officials abroad under Federal law. It concludes that there are no general provisions on extraterritorial jurisdiction, and the existing laws only cover assassinations or assaults of foreign officials or official guests within the United States. The document also raises questions about the gaps in the law and the need for new legislation to address conspiracies to bring about the death of a public servant of a foreign power with which the United States is not at war. Additionally, it explores the issue of government participation and its impact on potential prosecutions under these statutes.

    9/2/2022

  • Constitutionality of Bill Establishing American Folklife Center in the Library of Congress

    A bill creating an American Folklife Center in the Library of Congress would violate the separation of powers by vesting the Librarian of Congress, a congressional officer, with executive functions. The bill would also violate the Appointments Clause by permitting certain members of the Board of Directors of the American Folklife Center to be appointed by members of Congress, the Board of Directors of the Smithsonian Institution, and the Librarian of Congress. 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/20866/download.

    12/31/1975

  • Arab boycott‐draft memorandum for the President

    This document is a draft memorandum for the President regarding possible responses to the Arab boycott, with recommendations on how to address discrimination issues related to the boycott. The conclusions reached in the document include support for certain recommendations, such as modifying recommendation 1(b) to conform with the view that Executive Order 11246 would not be violated by the failure to use an employee of the Jewish faith in a country like Saudi Arabia. The document also presents questions for review, such as the legal issues related to Executive Order 11246 and the potential consequences of certain interpretations on American companies doing business in countries with discriminatory visa or employment policies.

    9/2/2022

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