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.
Showing 1941–1950 of 2214
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Freedom of Information Act
The document discusses the applicability of the Freedom of Information Act to the President, concluding that the Act does not apply to the President based on the language used and the lack of a remedy for failure to make records available. It also presents evidence that Congressman Moss, the proponent of the Act, shares this view. Additionally, the document provides an analysis of the exemptions from the Act, focusing on the interpretative problems that may arise and providing suggestions for understanding and applying the exemptions. The document highlights the exemptions related to national defense, internal procedures, and protection of privacy, and provides examples of agency regulations implementing the Act.
10/27/2020
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Request for analysis of the Quie Amendment (Federal Educational Block Grants to the States)
The document is a request for analysis of the Quie Amendment, which proposes federal block grants to states for educational programs. The document discusses the "by-pass" mechanism in the amendment, which allows for federal intervention in cases where state agencies are unable to provide specified educational services. The conclusion reached is that the "by-pass" provision does not present any serious constitutional problems, and there are supporting legislative precedents. The document also addresses the issue of federal funds not being commingled with state funds and the potential impact on state constitutions prohibiting the use of public funds for sectarian schools. The questions presented for review include the constitutional implications of the "by-pass" mechanism and the commingling of federal and state funds for educational purposes.
7/27/2020
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Memorandum entitled "Authority of the Federal Communications Commission to Prohibit Cigarette Commercials on Radio and Television"
The document discusses the authority of the Federal Communications Commission (FCC) to prohibit cigarette commercials on radio and television. It includes a memo from the Attorney General expressing agreement with the conclusions reached in the memorandum, but not with some of the legal theories advanced. The document also presents a concise summary of the questions for review, including whether the free speech guarantee in the Constitution would prohibit the FCC from banning cigarette commercials on radio and television, and whether the FCC's general rulemaking power to implement the public interest in broadcasting would allow it to adopt the proposed rule. Additionally, it discusses the specific statutory authority for the proposed rule and the prohibition of FCC "censorship."
10/27/2020
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Manhattan Joint Strike Force
The document is a response to a memorandum regarding the draft memorandum of understanding for the Manhattan Joint Strike Force. The conclusion reached is that there are no Constitutional or statutory objections to the proposal, but the Attorney General needs to obtain necessary authority from other agencies. The document also presents questions regarding the arrangements for office space and allocation of expenses, and invites further discussion on any specific problems that may arise.
7/27/2020
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Opinion on certain legal questions relating to (1) the proposed Federal Communications Commission rule banning cigarette advertising on radio and television, and (2) the Federal Trade Commission rule, adopted in 1964 and vacated in 1965, which required di
The document is a response to a request for legal opinions on proposed rules regarding cigarette advertising by the Federal Communications Commission and the Federal Trade Commission. The conclusions reached in the document include the opinion that the FCC's proposed rule banning cigarette commercials on radio and television is within its general rulemaking authority, but its constitutionality is not free from doubt. The document also discusses the FTC's authority to adopt a trade regulation rule for the prevention of unfair and deceptive advertising of cigarettes, and the effect of the FTC rule after July 1, 1969. The questions presented for review include the legal authority and constitutionality of the proposed FCC rule, the FTC's rule, and the potential extension of the advertising provisions of the Cigarette Labeling and Advertising Act of 1965.
10/27/2020
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Grand jury requirement in District of Columbia
The document discusses the requirement for indictment by a grand jury for capital or otherwise infamous crimes in the District of Columbia. It concludes that under the Fifth Amendment, such offenses must be prosecuted by indictment for capital or otherwise infamous offenses. The document also addresses the legislative powers of Congress for the District of Columbia and the applicability of the Due Process Clause of the Fifth Amendment to Congressional legislation for the District. The questions presented for review include Congress's ability to establish District Courts that do not fall under Article III and whether the proposed court would fall under Article III because of its jurisdiction.
7/27/2020
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Interdepartmental Action Plan for Civil Disturbances
The document outlines a plan for the Departments of Defense and Justice to coordinate their preparations and responses to civil disturbances in the United States. It also proposes to assist the President in responding to requests for Federal military forces to aid in suppressing such disturbances. The plan designates the Attorney General as the chief civilian officer in charge of coordinating all Federal Government activities related to civil disturbances, while the Secretary of Defense is responsible for military preparations and operations. The document presents a four-phase plan for civil disturbance planning, response, engagement of Federal troops, and withdrawal of Federal troops. It also includes specific provisions for dealing with civil disturbances in the Washington metropolitan area, such as protecting government property and functions and utilizing the D.C. National Guard. The document seeks approval from the relevant authorities for the proposed plan.
10/27/2020
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Closing of Government Offices in Memory of Former President Eisenhower
This opinion concludes that 5 U.S.C. § 6105, which prohibits any executive departments from being "closed as a mark to the memory of a deceased former official of the United States," does not bar the president from closing all government offices on the day of former President Eisenhower's state funeral, since legislative history suggests the original purpose of § 6105 was to prevent the head of a department from closing it to mark the death of a lesser official. 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/935966/download.
4/1/1969
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Request for expense vouchers connected with James Hoffa's trial
The document is a response to a request for expense vouchers related to the investigation and trial of James Hoffa. The conclusion reached in the document is that the requested expense vouchers are not "identifiable records" within the meaning of the statute, and therefore the request is recommended to be denied. The document presents the difficulties and challenges in compiling the requested information, including the fact that vouchers are not classified by case, making it incredibly difficult to locate those connected with Hoffa's trial. The questions presented for review include the challenges in identifying and compiling the expense vouchers, as well as the interpretation of the "identifiable records" requirement under the Freedom of Information Act.
7/27/2020
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Proposals of Civil Service Commission (1) to amend 5 CFR § 735.105; and (2) to annotate ethical conduct regulations
The document is a memorandum from the Civil Service Commission regarding proposed amendments to ethical conduct regulations. The conclusions reached in the document include concerns about the short reporting requirement and the potential disclosure of confidential information in alleged violations. The questions presented for review include the need for specific language to limit the reporting requirement and the request for completed forms by a specific deadline.
7/27/2020