Showing 1831–1840 of 2214

• 1/11/1974

  Eligibility for Appointment to the President's Cancer Panel

  In this brief memo, the OLC explained that the National Cancer Act of 1971 does not require that members of the president’s cancer panel hold United States citizenship. In response to a second inquiry, the OLC noted in addition that although not required, a private bill granting the proposed member in question dual Canadian-American citizenship would remedy any lingering doubts pertaining to eligibility.

  4/28/2020

• 1/10/1974

  Reorganization language of section 707(c) of the Equal Employment Opportunity Act Amendments of 1972

  In this brief memo, the OLC reaffirmed an earlier opinion that § 707(c) of the 1972 Equal Employment Opportunity Act Amendments did not grant the president independent authority to effect a reorganization plan beyond the reorganization authority explicitly described in the statute. Because the authority lapsed on April 1, 1973, the president could no longer prevent the attorney general’s authority to bring “pattern or practice” employment discrimination suits from being transferred to the Equal Employment Opportunity Commission. The OLC supported its previous determination with an analysis of the plain meaning of the statute and of limited legislative history.

  4/28/2020

• 10/29/1973

  Power of the House of Representatives to demand criminal investigation files in connection with impeachment proceedings

  This memorandum summarizes past presidential statements disclaiming the use of executive privilege to shield information from the House of Representatives when it seeks that information in connection with potential impeachment proceedings.

  9/2/2022

• 10/26/1973

  United States Constitution ‐ Amendment 25

  This document is a memorandum discussing the interpretation of the 25th Amendment to the United States Constitution, specifically regarding the process for the Vice President to assume full power after confirmation. The conclusion reached is that while the Vice President would immediately take office upon confirmation, the taking of an oath is a necessary step for them to assume full power and execute the functions of their office. The document presents a review of the legislative history of the 25th Amendment and raises the question of whether the nominee for Vice President becomes fully qualified and assumes full power immediately upon confirmation, or if the taking of an oath is a condition for assuming full power.

  9/2/2022

• 9/24/1973

  Amenability of the President, Vice President and other Civil Officers to Federal Criminal Prosecution while in Office

  This document discusses the question of whether a civil officer of the federal government can be the subject of criminal proceedings while still in office. It raises issues related to impeachment, the immunity of the President from criminal prosecution, and the practical implications of requiring impeachment to precede criminal proceedings. The document concludes that the Constitution does not require the completion of impeachment proceedings before an officer of the United States may be subjected to criminal proceedings. It also highlights the difficulties and complexities that would arise if impeachment were to precede indictment. The document also addresses the potential interference with the President's constitutional duties and the challenges in ensuring a fair trial in criminal proceedings involving a President.

  9/2/2022

• 7/24/1973

  Presidential Immunity from Coercive Congressional Demands for Information

  This opinion concluded that both as a result of historical custom and constitutional structure, Congress lacked the power to subject the president to compulsory process. The opinion also rejected the idea that the president should be especially forthcoming with information relating to criminal offenses by government officials, and instead stated that “the need to guarantee the fair trial and other constitutional rights of alleged malefactors” had been cited as reasons for denying Congressional demands for information regarding criminal conduct.

  9/2/2022

• 6/26/1973

  National Security Electronic Surveillances

  In light of a recent Supreme Court case holding warrantless domestic electronic surveillance unconstitutional, this memo addressed the constitutionality of warrantless electronic surveillance in the name of national security and considered legal alternatives. The OLC concluded that there was sufficient support in lower court opinions for electronic surveillance in foreign intelligence cases without a warrant, but explained that the scope of this power was limited to the foreign security powers held by the president, as articulated in 18 U.S.C. § 2511(3) and in the Supreme Court’s recent Keith decision.

  9/2/2022

• 6/25/1973

  Presidential Amenability to Judicial Subpoena

  This opinion, written before the Nixon impeachment trial, examines the Judiciary's power to subpoena the president. The opinion concludes that while it is clear that the court has basic subpoena power against the president in some contexts, the rule and manner in which the subpoena might proceed must depend on the president's "special status" and the circumstances of the case. 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/1085331/download.

  6/25/1973

• 5/10/1973

  Destruction of FBI files kept on Members of Congress and other public officials

  This document is a response to Senator Philip A. Hart's inquiry about the destruction of FBI files kept on Members of Congress and other public officials. The conclusion reached in the document is that the files must be destroyed in accordance with the provisions of 44 U.S.C. §§ 3302-3303a. The questions presented for review include the definition of "records" under Title 44, Chapter 33 of the United States Code, the submission of records for approval by the Administrator of General Services, and the procedures for the disposal of records authorized for disposal. Additionally, the document mentions that the matter will be brought to the attention of Secretary Richardson upon his confirmation and appointment as Attorney General.

  9/2/2022

• 3/23/1973

  Constitutionality of Legislation to Establish a Program to Prevent Aircraft Piracy

  Congress may establish jurisdiction in United States courts over individuals who commit the offense of hijacking outside the territorial jurisdiction of the United States. In most cases, state and local law enforcement officers would be authorized to make arrests for violations of the proposed aircraft piracy legislation, either because hijacking airplanes would also violate state law, or because federal law permits federal enforcement officers to delegate arrest authority to state and local law enforcement officers and state law permits state and local law enforcement officers to accept delegated arrest authority. 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/20851/download.

  3/23/1973