
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 1951–1960 of 2214
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Legislative proposal to empower IRS agents to carry firearms, etc.
The document is a response to a memorandum requesting comments on draft legislation to empower personnel of the Internal Revenue Service to carry firearms, serve process, make arrests, and seize property in connection with their enforcement of firearms control legislation. The conclusion reached in the document is that the proposed legislation would broaden the authority of internal revenue agents to make arrests without warrants and execute arrest warrants. It also suggests that the legislation would grant the necessary authority for the enforcement of firearms control legislation by the Internal Revenue Service. The document presents questions regarding the necessity of the legislation, the authority of the Internal Revenue Service personnel, and the specific provisions of the proposed legislation.
7/27/2020
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Procedure for Claiming Executive Privilege
The document is a memorandum discussing the procedures for claiming Executive privilege and evaluating the practices of the past three administrations. The conclusions reached in the document are that Executive privilege should not be asserted without specific Presidential approval, and a screening process should be established to eliminate cases where the assertion of privilege would be clearly unwarranted. The document presents questions for review, such as whether the authority to invoke Executive privilege should be vested in the President or individual government witnesses, and the advantages and disadvantages of different methods of claiming Executive privilege. It also recommends a procedure for the invocation of Executive privilege, which includes consultation with the Attorney General and submission to the President for approval.
10/27/2020
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Federal Corrupt Practices Act
The document is a memorandum and proposed letter from William H. Rehnquist, Assistant Attorney General, to Congressman Smith regarding the coverage of the Federal Corrupt Practices Act. The document concludes that the Attorney General is unable to provide an official opinion on the matter due to legal limitations, but provides information that should be helpful for Congressman Smith's purposes. The questions presented for review include whether the statute applies to donations of funds to candidates for state offices by a corporate holding company that receives a minor portion of its income from business with the Federal Government, and the interpretation of section 611 of the Corrupt Practices Act in relation to corporations.
7/27/2020
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Authority of Special Agents to administer oaths in personnel inquiries
The document addresses the authority of FBI Special Agents to administer oaths to witnesses in personnel inquiries, particularly in cases of adverse personnel action against a veteran appealed to the Civil Service Commission. The conclusion reached is that Special Agents are authorized to administer oaths to witnesses in the course of investigating irregularities or misconduct of a federal employee, as specified in 5 U.S.C. 303. However, this authority may not apply to potential employees, and there is no other provision of law that confers authority to administer oaths on Special Agents conducting personnel inquiries. The document presents the question of whether there are any other provisions of law that could be interpreted as conferring authority to administer oaths on Special Agents conducting personnel inquiries, especially in cases involving potential employees.
7/27/2020
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Proposed Administration Crime Package
The document discusses a proposal for the creation of a National Council on Law Enforcement and the establishment of a President's Award for Distinguished Police Service. The conclusion reached is that there is no persuasive reason to support the creation of a cabinet-level Council on Law Enforcement, as it may dilute the responsibilities of the Attorney General and may not be an appropriate vehicle for dealing with intergovernmental relations in law enforcement. The questions presented for review include whether a cabinet-level Council would be an appropriate vehicle for dealing with intergovernmental relations in law enforcement and whether it could promote cooperation between government and the private sector in attacking problems of crime. Additionally, the document presents a draft bill for the establishment of the President's Award for Distinguished Police Service.
7/27/2020
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Constitutionality of "No Appropriation" Clause in the Watershed Protection and Flood Prevention Act
A "no appropriation" clause in the Watershed Protection and Flood Prevention Act, requiring approval of a construction project by the appropriate committees of the Senate and House of Representatives before Congress may enact appropriations legislation for the project, is constitutional. 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/20811/download.
2/27/1969
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Relationship between the OFCC [Office of Federal Contract Compliance], in the Department of Labor, and the Department of Defense in its capacity as a contracting agency.
The document is a response to a request to review the relationship between the Office of Federal Contract Compliance (OFCC) and the Department of Defense as a contracting agency. It discusses the compliance program under Executive Order 11246 and the responsibilities of the OFCC and contracting agencies in ensuring compliance. The document also outlines the review of compliance with the Executive order by certain textile firms and the negotiations conducted to obtain remedial action and assurances of future compliance. The conclusion reached is that the Department of Defense followed the requirements of E.O. 11246 in awarding contracts to certain textile firms, despite deficiencies in their employment practices, based on their assurances of future compliance. The document presents questions regarding the jurisdiction and responsibility of the Department of Defense in determining the sufficiency of the companies' assurances and the ongoing review of their employment policies by the interested agencies.
7/27/2020
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Proposed regulation imposing absolute liability for pollution on oil companies who hold their leases pursuant to the provisions of the Outer Continental Shelf Lands Act, 67 Stat. 462, 43 U.S.C. 1331 et seq.
The document is a review of a proposed regulation imposing absolute liability for pollution on oil companies holding leases under the Outer Continental Shelf Lands Act. The review concludes that the proposed regulation could be applied to future leases, but may not be applicable to existing leases or past pollution. It also raises questions about the potential impact on competitive lease offerings for federal lands. The document recommends considering legislation to clarify the authority for imposing absolute liability on oil companies.
7/27/2020
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Question of tax exemption for religious institutions and offers to present a lecture on "faith in man" at one of the White House Sunday services
The document is a response to a request for comments and recommendations regarding a letter from Mrs. Madalyn Murray O'Hair. The letter suggests appointing a commission to study tax exemption for religious institutions and offers to present a lecture on "faith in man" at a White House Sunday service. It also discusses Mrs. O'Hair's request for an opinion on the constitutionality of the reading of certain portions of the Bible by astronauts on Apollo 8. The conclusion reached in the document is that the Maryland Court of Appeals held that the state's law exempting property held for public worship does not violate the constitutional prohibition against governmental establishment of religion. The questions presented for review include whether to refer Mrs. O'Hair's suggestions on revising federal tax laws to the Internal Revenue Service and the responsibility of the agency in making recommendations for legislation in this area.
10/27/2020
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Suggestions for Prevention of College Disturbances
This document outlines suggested legislative provisions for handling disturbances involving draft-deferred students, including potential loss of deferment and reclassification for committing offenses. The procedural provisions detail the process for determining violations and making changes to the student's draft classification. The enforcement provisions outline the powers of federal marshals to investigate and detain individuals suspected of violating the Act. The document concludes by acknowledging the strict nature of the sanctions and the need for decisive action by administrations to address the problem. The questions presented for review include the effectiveness and necessity of the outlined provisions, as well as the potential impact on colleges and universities.
5/16/2022