Showing 1721–1730 of 2214

• 6/10/1975

  International Agreements by the Justice Department

  This memo was written by Assistant Attorney General Antonin Scalia shortly after he testified before Congress on the subject of executive agreements. It asks the various sections of the Department of Justice to furnish him with information regarding the kinds of international arrangements the Department has made, as well as whether the Department of Justice has complied with the Case Act of 1972 by transmitting the text of any international agreement to 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 https://justice.gov/olc/page/file/936046/download.

  6/10/1975

• 5/6/1975

  DEA/State Intelligence Studies and the Privacy Act

  This document is a response to a memorandum raising questions about the applicability of the Privacy Act of 1974 to DEA intelligence studies. The conclusions reached in the document are: (1) The studies are not considered systems of records within the Act, (2) DEA is only required to account for its own disclosures, not those of another agency, and (3) If the studies were prepared by states, DEA would only be obligated to account for the information it furnished to the state. The questions presented for review include the classification of the studies as systems of records, the accounting for disclosures, the state's preparation of the reports, and the accuracy, completeness, timeliness, and relevance of the information disclosed. Additionally, the document suggests revising the format of the reports to focus on patterns of drug distribution rather than named individuals or eliminating the program altogether.

  9/2/2022

• 5/2/1975

  Application of Wiretap Law Outside the United States

  This memo found that Title III of the Omnibus Crime Control and Safe Streets Act did not apply outside of the United States.

  9/2/2022

• 4/12/1975

  Use of Troops in Vietnam and Cambodia

  This memo concluded that the president had the constitutional authority to deploy troops for the purpose of evacuating Americans from Vietnam and Cambodia, and that the conduct would not violate any appropriations acts. The opinion also advised the attorney general that the president’s actions would be consistent with the War Powers Resolution because of the provision in the resolution that stated it was not intended to “alter the constitutional authority” of the President, and the president’s conduct was constitutional.

  9/2/2022

• 4/3/1975

  Establishing a Maximum Entry Age Limit for "Law Enforcement Officer Positions in the Department of Justice"

  This opinion evaluates whether the Department of Justice may create a maximum entry age for DOJ law enforcement officers that is consistent with 5 U.S.C. § 3307, which allows agencies to "fix" maximum entry ages for law enforcement professionals, and 29 U.S.C. § 633(a), which prohibits age discrimination in hiring unless the Civil Service Commission determines that it is a bona fide occupational qualification. The opinion concludes that the a Commission determination would not be required, because § 3307 is the more recently enacted statute and the two provisions can be read harmoniously. 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/936041/download.

  4/3/1975

• 2/26/1975

  Applicability of the Freedom of Information Act to the White House Office

  This document discusses the applicability of the Freedom of Information Act (FOIA) to the White House Office and other entities within the Executive Office of the President. The conclusion reached is that the components of the White House Office, in the traditional or budgetary sense, are not considered "agencies" under the FOIA. The document presents questions for review, such as the status of other entities within the Executive Office, including the Domestic Council and the National Security Council. It also provides factors that should be determinative of whether a unit within the Executive Office is covered by the FOIA, such as functional proximity to the President and authority to make dispositive determinations. The document also addresses the status of the White House Office and urges sound planning for the future, including the fostering and strengthening of the concept of a separate "White House Office."

  9/2/2022

• 2/18/1975

  Use of Material Obtained through Electronic Surveillance

  This memo considered whether IRS employees could use information obtained through electronic surveillance under Title III of the Omnibus Crime Control and Safe Streets Act of 1968. It determined that Title III authorized the disclosure and subsequent use of such information to IRS employees acting in the course of their official duties.

  9/2/2022

• 1/6/1975

  Law Relating to Civil Disturbances

  This document is a memorandum prepared by Mary Lawton summarizing the law and practice relating to the use of the military in civil disturbance situations. It outlines the legal authority for federal use of the military in civil disturbances, including the use of federal troops in states, territories, and the District of Columbia, as well as the power of the military when called into service. The document also discusses the Interdepartmental Action Plan for handling civil disturbances, the use of troops in strike situations, and the enforcement of federal laws. The conclusion emphasizes that the legal issues surrounding civil disturbances are diverse and may raise questions under other, more general, laws.

  9/2/2022

• 12/27/1974

  Legality of Appointment of Mayor of Columbus, Ohio to the National Commission for Manpower Policy

  The document addresses the legality of the Mayor of Columbus accepting an appointment to the National Commission for Manpower Policy. The conclusion reached is that the Columbus City Charter prohibits the mayor from accepting the appointment, as membership on the Commission constitutes "employment" under Ohio law. The document presents questions regarding the interpretation of the Columbus City Charter, the definition of "public office" and "public employment" under Ohio law, and the federal regulations regarding membership on the Commission. It also raises the issue of whether the mayor can waive compensation for working on the Commission to circumvent the City Charter.

  4/28/2020

• 12/26/1974

  Opinion from this Office relating to the Mescalero Apache tribe's need for additional land for their ski resort.

  The document is a response to a request for an opinion on whether 2200 acres of land in the Lincoln National Forest can be removed for leasing to the Mescalero Apache tribe for a ski resort. The conclusion reached is that the land can be removed from the national forest and leased to the tribe, as it does not violate any laws. The document also discusses the eligibility of the tribe as a recipient for the lease and concludes that the tribe qualifies as a municipality and a municipal corporation, making it lawful for the Department of the Interior to lease the land to the tribe for the ski resort. The questions presented for review include the legality of removing the land from the national forest and the eligibility of the tribe for the lease.

  4/28/2020