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 1961–1970 of 2214
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Task Force Arguments Against Block Grants for Aid to Education
The document is a memorandum to the Attorney General regarding the Task Force on Education's report on "Block Grants for Aid to Education." The document discusses the potential re-opening of the Church-State controversy, the possibility of adverse court decisions on the constitutionality of existing federal aid to education, and the suggestion to set up an interdepartmental study group to review the entire area. The conclusions reached in the document include the analysis of the legal support for the Task Force's contentions and the probability of adverse court decisions on existing federal education legislation. The questions presented for review include the potential impact of block grants on state constitutional provisions, the likelihood of adverse court decisions on existing federal education legislation, and the creation of an interdepartmental study group.
7/27/2020
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Nonvoting Delegate in the House of Representatives from the District of Columbia
The document discusses the President's recommendation for an amendment to the Constitution to provide congressional representation for the District of Columbia. As an interim measure, the President proposed legislation to give the District a non-voting delegate in the House of Representatives. The proposed bill would establish the office of delegate from the District of Columbia and make technical changes to the District of Columbia Election Act to facilitate the election of a non-voting delegate. The document also outlines the qualifications and responsibilities of the delegate, as well as the support from the Bureau of the Budget for the proposed legislation. The questions presented for review include the potential impact of the proposed bill on democratic government and the need for early consideration and action on the legislation.
7/27/2020
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Administrative Procedures Study - Public Land Law Review Commission.
The document is a response to a request for comments on a report titled "Administrative Procedures and the Public Lands" prepared for the Public Land Law Review Commission. The conclusion reached in the document is that the functions of the Office of Administrative Procedure are now performed by the Administrative Conference of the United States, and therefore, the report does not present matters of law of general concern to the Office. The document presents questions regarding the scope of the subject involved in the report and suggests arrangements for the Commission to obtain comments from the Administrative Conference or its Chairman.
7/27/2020
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Should the Department of Justice Oppose the Inclusion of Article V in the Proposed Protocol on Aircraft Piracy?
The document discusses the consideration of a Protocol by the International Civil Aviation Organization to make aircraft piracy an extraditable international offense. The proposed provision, Article V, states that surrender may be refused if the state of registration does not provide assurances that the death penalty will not be imposed or executed. The Department of Justice is faced with the decision of whether to oppose the inclusion of Article V, as it may affect the effectiveness of the Protocol. The conclusion reached in the document is that the Department should remain neutral on the inclusion of Article V, as questions about the assurances and their binding nature can be deferred until they actually arise. The document presents the question of whether the Department should oppose the inclusion of Article V in the proposed Protocol and whether the assurances provided for in the article would be binding.
7/27/2020
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Judicial appointment as affected by constitutional disqualification
The document discusses the constitutional disqualification of a member of the 91st Congress from being appointed to a federal judgeship due to the "pay-raise" bill and the language of Article I, section 6 of the U.S. Constitution. The conclusion reached is that if the appointment is completed before midnight on February 28, 1969, the constitutional disqualification would not apply. The document presents questions for review regarding the interpretation of the phrase "during the time for which he was elected" in Article I, section 6, as well as the date at which the emolument of the particular office involved "shall have been increased." Additionally, it discusses the implications of Congress taking definitive action manifesting that it will not disapprove such an increase.
7/27/2020
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Legal advice by the Department of Justice on matters personal to members of the White House staff
The document is a memorandum discussing the legal advice provided by the Department of Justice to members of the White House staff on personal legal matters. It outlines the statutory provisions that determine the authority of the Attorney General and his subordinates in providing legal advice. The conclusion reached is that while the Department of Justice can advise White House staff in their official capacity, they are precluded from advising them on personal legal affairs. The document presents the question of whether the Department of Justice may advise members of the White House staff on their personal legal affairs and provides a clear explanation of the statutory provisions that determine their authority.
10/27/2020
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Possible Conflict of Interest of Assistant United States Attorney [redacted]
This document discusses a proposed contract between Assistant U.S. Attorney Petersen and the Small Business Administration, where he proposes to assume an overdue loan and take over a residential property secured by that loan. The conclusion reached in the document is that Mr. Petersen should be discouraged from pursuing the contract with the SBA due to potential conflicts of interest and ethical concerns. The document presents questions for review regarding the propriety of Mr. Petersen's proposal, including whether it violates federal conflict of interest laws and ethical standards, and whether his access to inside information from his previous employment at the SBA influenced his proposal.
5/16/2022
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Use of President's Salary Increase to Defer Official Expenses
The document discusses the use of President Nixon's salary increase to cover official expenses that exceed appropriated funds. It addresses the deductibility of these expenses on the President's income tax returns and the legal authority for the White House to accept and utilize the President's contribution. The conclusion reached is that expenses exceeding the President's expense allowance can be deducted, but there is reluctance to allow deductions for expenses defrayed by the President out of his salary. The document also presents a list of specific types of official expenses and their deductibility, such as living expenses, travel expenses, and social gifts. The questions presented for review include the deductibility of various types of expenses and the legal authority for the White House to receive and expend the President's contribution.
10/27/2020
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Establishment of Office of Criminal Justice
The document discusses the informal establishment of the Office of Criminal Justice in 1964 and the lack of formalization through departmental orders or regulations. It also mentions that there have been no memoranda or directives issued relating to the Office of Criminal Justice. The conclusion reached in the document is that since there are no departmental regulations referring to the Office, publication of its abolition is not necessary, and an internal memorandum from the Deputy Attorney General stating that the Office of Criminal Justice is abolished would suffice. The questions presented for review include the lack of formalization of the Office of Criminal Justice and the absence of any memoranda or directives issued relating to the Office.
7/27/2020
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"Bail Reform" or "Preventive Detention"
The document discusses the issue of "bail reform" or "preventive detention" and presents statistics on the number of individuals committing crimes while out on bail. It also outlines different measures of preventive detention and the constitutional questions they raise. The document concludes that there is support for a statute authorizing revocation or denial of bail in certain situations, but the arguments for such measures weaken as the circumstances become more extreme. The document presents questions about the constitutionality and policy implications of preventive detention measures and suggests that a carefully drawn statute addressing certain situations could effectively address the issue.
7/27/2020