Showing 1761–1770 of 2214

• 8/28/1974

  Conflict of Interest Problems Arising out of the President's Nomination of Nelson A. Rockefeller to be Vice President under the Twenty-Fifth Amendment to the Constitution

  The document addresses conflict of interest questions arising from the nomination of Nelson A. Rockefeller as Vice President under the Twenty-Fifth Amendment. It discusses the applicability of 18 U.S.C. 208 to the President and Vice President, as well as the potential use of waivers, blind trusts, and the David Packard precedent to address conflict of interest concerns. The document also raises the possibility of Congress imposing conditions on Rockefeller's confirmation to address any real or apparent conflicts of interest. The questions presented for review include the interpretation of 18 U.S.C. 208 in relation to the President and Vice President, the potential use of waivers and blind trusts, and the implications of the David Packard precedent.

  4/28/2020

• 8/26/1974

  Former President Nixon's retirement rights other than as a former president of the United States and his rights to life and health insurance.

  The document discusses the retirement rights and benefits of former President Nixon, including his eligibility for presidential pension, deferred pension under Civil Service laws, life insurance, and health insurance. It concludes that acceptance of the presidential pension does not preclude eligibility for other pensions, and Mr. Nixon is eligible for deferred retirement under the Civil Service laws. The document also presents questions regarding Mr. Nixon's creditable service, eligibility for retirement, and continued coverage under health and life insurance plans, based on his service as a Member and as President.

  4/28/2020

• 8/20/1974

  Whether Governor Rockefeller, if appointed as Vice President, is required to execute a blind trust in order to avoid possible violation of 18 U.S.C. 208

  The document discusses whether Governor Rockefeller, if appointed as Vice President, is required to execute a blind trust to avoid potential violation of 18 U.S.C. 208. The conclusion reached is that the Vice President would not be required to execute a blind trust, but would have to disqualify himself from participating in particular matters affecting his financial interests. The document also presents questions about the applicability of conflict of interest statutes to the Vice President and whether he is subject to putting his financial holdings in a blind trust.

  4/28/2020

• 8/19/1974

  Dissemination to the Government Printing Office of Bureau records concerning either the Government Printing Office or its employees.

  The document addresses the question of whether the Federal Bureau of Investigation (FBI) is authorized to disseminate its reports and memoranda to the Government Printing Office (GPO) outside the executive branch. The conclusion reached is that there is no legal impediment to the exchange or dissemination of FBI investigatory reports to the GPO. The document also discusses the distinction between executive and legislative branches in the context of government-wide uniform concerns, as well as the authority of the Bureau to detect and prosecute crimes against the United States. The questions presented for review include the advisability of initiating such a practice towards the GPO and the potential misuse of information by the GPO.

  4/28/2020

• 8/15/1974

  Possible Sanctions against Chairman Robert D. Timm, Chairman, CAB [Civil Aeronautics Board], for Permitting United States Aircraft Corporation, one of the subjects of a CAB Investigation, to Pay Airfare and Hotel Bills for Himself and Wife on Weekend Trip

  The document discusses possible sanctions against Chairman Robert D. Timm for accepting gifts from United States Aircraft Corporation, a subject of a CAB investigation. The document presents options such as disqualification, criminal prosecution, refund of benefits received, and discharge. It also highlights the violation of Executive Order 11222 and CAB's Standards of Employee Responsibilities and Conduct. The conclusion reached is that it is ultimately up to the Antitrust Division whether to disqualify Chairman Timm. Additionally any pursual of criminal prosecution should be done by the Criminal Division. The conclusion is that Chairman Timm should refund his benefits and that he could possibly face removal, when given a hearing. The document raises questions about the legality of the gifts, the possibility of criminal prosecution, and the grounds for Chairman Timm's removal from office.

  4/28/2020

• 8/15/1974

  Whether the Administrative Conference of the United States is an "establishment of the Federal Government" within the meaning of Treasury Regulation 301.6103 (a)-1(f), which governs the disclosure of confidential tax information between the IRS and other

  The document is a response to a letter from the Commissioner of the Internal Revenue Service requesting views on whether the Administrative Conference of the United States is considered an "establishment of the Federal Government" for the purpose of disclosing confidential tax information. The conclusion reached is that, based on the organizational functions and purposes of the Administrative Conference, it is considered an "establishment of the Federal Government." The document also presents factors supporting this conclusion, such as the Conference being a creation of the federal government, funded entirely by the federal government, and its officers and membership being either Presidential appointees or federal employees. The document also raises the question of whether the Conference meets the more restrictive definition of a federal agency and discusses the potential applicability of the Freedom of Information Act to the Conference's records.

  4/28/2020

• 8/15/1974

  Views concerning whether the benefits accruing to a former President of the United States under the Presidential Transition Act of 1963 (hereafter PTA) (P.L. 88-277, March 7, 1964, 78 Stat. 153) and the Former Presidents Act of 1958 (hereafter FPA) as ame

  The document is a response to a request for advice on whether former President Nixon qualifies for benefits under the Presidential Transition Act of 1963 and the Former Presidents Act of 1958. The conclusion reached is that Nixon immediately qualifies for a pension under the FPA and, subject to an appropriation, qualifies for staff, office, and other benefits under the PTA for six months after his resignation. The document also presents questions regarding the definition of a former President, the benefits provided under the PTA, and the need for former Presidents to wind up their affairs.

  7/27/2020

• 8/7/1974

  Ability of Intermittent Consultant to United States to hold similar position under a foreign government

  The document discusses the retention of an intermittent consultant by the Department of the Treasury for a period of twelve months. It addresses the consultant's intention to continue working for a foreign government while serving the Treasury. The document concludes that the consultant would not be considered an officer in the constitutional sense, and therefore, the prohibitions of Article I, section 9, clause 8 of the Constitution would not apply. It also raises questions about whether the consultant's receipt of compensation from a foreign government would violate 5 U.S.C. 7342 and the regulations issued pursuant to that section. Additionally, it discusses the ambiguity in the Treasury regulations regarding the acceptance of emoluments from foreign governments by intermittent employees. The document recommends that the Department of Justice advise the Department of the Treasury on the permissibility of the consultant's continued acceptance of compensation from a foreign government.

  4/28/2020

• 8/5/1974

  Views on the legality, in light of 18 U.S.C. 336, of the private issuance of penny scrip, redeemable only in merchandise and only at stores under single ownership or franchise.

  The document is a letter to the General Counsel of the United States Treasury Department, discussing the legality of private issuance of penny scrip redeemable only in merchandise. The conclusion reached is that such issuance would not violate 18 U.S.C. 336, based on the interpretation of the statute and the legislative history. The letter also presents a caution about potential exploitation of scrip issuance for profit and recommends limiting the scrip redemption period to avoid potential problems. The questions presented for review include the legality of the private issuance of penny scrip and the potential for exploitation of scrip issuance for profit.

  4/28/2020

• 8/5/1974

  Presidential or Legislative Pardon of the President

  Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself. If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President. Thereafter the President could either resign or resume the duties of his office. Although as a general matter Congress cannot enact amnesty or pardoning legislation, because to do so would interfere with the pardoning power vested expressly in the President by the Constitution, it could be argued that a congressional pardon granted to the President would not interfere with the President's pardoning power because that power does not extend to the President himself. 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/20856/download.

  8/5/1974