Showing 1861–1870 of 2214

• 6/16/1971

  Permanent Injunctive Relief Against the Publication of the Defense Department Vietnam Study by the New York Times

  This memo opined that the attorney general did not need to rely on specific statutory authorization to seek an injunction against the continued publication of the Pentagon Papers, but would likely need to demonstrate “irreparable damage to the national security” in order to succeed. It suggested that the Justice Department argue that the publication of “top secret” documents would be sufficient to show irreparable damage, which, if accepted, would have given the government broad power to obtain prior restraints against reporting about national security.

  5/16/2022

• 4/29/1971

  Authority to Use Troops to Prevent Interference With Federal Employees by Mayday Demonstrations and Consequent Impairment of Government Functions

  The President has inherent constitutional authority to use federal troops to ensure that Mayday Movement demonstrations do not prevent federal employees from getting to their posts and carrying out their assigned government functions. This use of troops is not prohibited by the Posse Comitatus Act. 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/20836/download.

  4/29/1971

• 4/22/1971

  Draft Memorandum Re Supreme Court Desegregation Decisions

  This memo suggested revisions to a draft White House memo on Swann v. Charlotte-Mecklenburg Board of Education, a Supreme Court case giving courts broad authority to order remedies in response to segregation. The memo, written by then-Assistant Attorney General Rehnquist, suggested that White House Counsel John Dean add a sentence describing the decision’s discussion of limitations on permissible busing.

  5/16/2022

• 4/1/1971

  Restoration of Full Civil Rights to the Late General Robert E. Lee

  This opinion informed White House Counsel that an 1898 act removing the disabilities imposed by Section 3 of the Fourteenth Amendment did not restore the civil rights of Robert E. Lee, because the act only applied to persons living at the time of its enactment. It also advised that a presidential pardon could not restore Lee’s civil rights. (Lee’s civil rights were ultimately restored through a 1975 congressional resolution).

  5/16/2022

• 2/24/1971

  State Implementation of Voting Rights Act Amendments of 1970

  This opinion provided comments to materials prepared by the Civil Rights Division to assist state implementation of the Voting Rights Act.

  5/16/2022

• 2/5/1971

  Power of Congressional Committee to Compel Appearance or Testimony of “White House Staff”

  This opinion reviews whether, if any, members of the White House staff can be exempt from appearing or testifying before a congressional committee. The opinion concludes by dividing the Executive Office of the President roughly in three groups: 1) the president and his closest advisors, who are absolutely immune from inquiry; 2) other members of the White House staff, who are afforded only some form of testimonial privilege, such as refusing to testify with respect to any official business; 3) Cabinet members, who are obliged to respond to congressional inquiry, but cannot be interrogated on what takes place at a Cabinet meeting. 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/1225961/download.

  2/5/1971

• 12/3/1970

  Federal laws regulating political activity of corporations

  In this memo, the OLC outlined the federal laws regulating corporate political activity, including 18 U.S.C. § 610, which prohibited the direct and indirect use of corporate funds in connection with federal political campaigns. It also noted that 15 U.S.C. § 791(h) prohibited holding companies from contributing to federal or state campaigns.

  5/16/2022

• 11/27/1970

  Re: Delay in Induction of Judge into Office Following His Confirmation by the Senate

  This document addresses the delay in the induction of judges into office following their confirmation by the Senate. It discusses the cases of two nominees, Lacey and Krupansky, who were confirmed as district judges but are currently working on important criminal prosecutions. The document raises the question of whether their ascension to the bench can be delayed until the completion of their cases. It also delves into the legal and procedural aspects of the delay and the potential implications for the nominees' current positions as United States Attorneys. The original opinion is available at www.justice.gov/olc/file/1494941/download

  4/15/2022

• 11/10/1970

  Views as to whether there are any substantial legal difficulties involved in using devices to trace telephone calls

  This document is a response to a request for legal views on the use of devices to trace telephone calls. The conclusion reached is that there are no substantial legal difficulties in using tracers, as they do not violate constitutional or statutory law. The document also raises questions about the FCC regulations on tracing devices and the potential violation of Fourth Amendment rights. The letter offers to consider any specific legal arguments raised by telephone company officials regarding the legality of tracing calls.

  5/16/2022

• 6/29/1970

  President's Commission on Campus Unrest

  This document is a memorandum discussing a draft Joint Resolution to grant subpoena power to the President's Commission on Campus Unrest. It compares the resolution to those enacted for other commissions and explains the differences, particularly in the scope of immunity for witnesses asserting the privilege against self-incrimination. The document also outlines the authority given to the Commission to appoint staff personnel, employ experts and consultants, and enter into contracts for research. The questions presented for review include the scope of immunity for witnesses and the authority granted to the Commission for staffing and research.

  5/16/2022