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 1991–2000 of 2214
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Government-sponsored foreign affairs research
This memo requested information on foreign affairs research projects being sponsored by the Justice Department so that the OLC could whether clearances from the Department of State were necessary.
5/16/2022
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Electoral College Reform
The document discusses the flaws in the electoral college system and presents four proposals for reform. It highlights the concerns about the existing system, such as the potential for deadlock in the House of Representatives and the lack of provision for the death of a candidate before the electoral votes are counted. The document also outlines the four proposed plans for reform: the "popular election" plan, the "district" plan, the "proportional" plan, and the proposal supported by the Department. It concludes by recommending the Department's proposal, which includes abolishing the electoral college, allowing direct popular vote, and providing for contingencies such as candidate death. The document emphasizes the need for a moderate and workable solution to address the flaws in the current system.
10/27/2020
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Guidelines for Enforcement of Title VI prepared by the Department of Justice.
The document is a letter from the Attorney General discussing the enforcement of Title VI of the Civil Rights Act of 1964. The conclusions reached in the document emphasize the importance of regular, systematic inspections to ensure compliance with Title VI, and the use of alternative methods of enforcement to secure compliance. The document also presents guidelines for enforcement, including procedures for deferral of action on applications, court enforcement, administrative action, and procedures for cases of noncompliance with subgrantees. The questions presented for review include the need for training programs for agency compliance officers, the availability of personnel and funds for agencies to fulfill their obligations, and the coordination of Title VI enforcement among agencies.
10/27/2020
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Interpretation of sections 10(a)(2) and 11(b) of the National Endowment for the Arts and the Humanities Act of 1965, as those sections relate to the authority of the Chairman of the National Endowment for the Arts to receive and utilize gifts to the Endow
The document is a response to a letter requesting an interpretation of sections 10(a)(2) and 11(b) of the National Endowment for the Arts and the Humanities Act of 1965. The conclusion reached is that the authority of the Chairmen of the National Endowment for the Arts to receive and utilize gifts is limited to those given without condition or restriction other than being used for the purposes of the Foundation or its Endowments. The document presents questions regarding the interpretation of the limitation on gifts, the matching of unrestricted and restricted gifts, and the availability of funds for specific projects. It also discusses the legislative history and the changes made to the sections related to gifts and appropriations.
10/27/2020
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Legality of Contract Nod ‐ 9782 for sales to Metrogas Service (Inc.), a California corporation, during a five‐year term of Government‐owned propane to be produced as an incident to the protection, conservation, maintenance, and testing of Naval Petroleum
The document is a letter addressing the legality of Contract No. 9782 for sales to Metrogas Service, a California corporation, for the production and sale of Government-owned propane. The conclusion reached is that the production and sale are in the public interest, and the opinion is limited to whether the pending contract is authorized by law and contains the required provisions. The questions presented for review include whether the pending contract is authorized by law and if it contains the provisions required by law, as well as the need for consultation with the Committees on Armed Services and approval of the President.
10/27/2020
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Views as to whether the Cargo Preference Act would apply to export shipments contemplated by certain proposed amendments to the regulations governing the Commodity Credit Corporation's Export Credit Sales Program (7 C.F.R. § 1438; 30 F.R. 10942)
The document is a letter in response to a request for clarification on whether the Cargo Preference Act would apply to export shipments under certain proposed amendments to the regulations governing the Commodity Credit Corporation's Export Credit Sales Program. The conclusion reached in the document is that the proposed amendments, if used solely for competitive commercial sales and not for foreign aid, would not be covered by the Cargo Preference Act. The questions presented for review include the purpose of the Export Credit Sales Program, the applicability of the Cargo Preference Act to commercial cargoes, and the potential conflict between the Act and commercial treaties. The document also provides a summary of the legislative history of the Cargo Preference Act to support the conclusions reached.
10/27/2020
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Possibility of conflicts of interest of Dr. Barnaby Keeney
The document is a response to a request for comments on potential conflicts of interest related to Dr. Barnaby Keeney's letter. It discusses the statutes 18 U.S.C. 209 and 18 U.S.C. 208, which prohibit government officers from receiving compensation from private sources and participating in matters in which they have a financial interest. The conclusion reached is that Dr. Keeney must be mindful of potential questions of propriety due to his prior association with Brown University, and any grant applications from the university should be free of favoritism. The document presents questions about the application of the statutes to Dr. Keeney's situation and the potential implications for grant applications from Brown University.
10/27/2020
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Application of Title VI of the Civil Rights Act of 1964 to school‐lunch and other food‐ distribution programs.
The document discusses the application of Title VI of the Civil Rights Act of 1964 to school lunch and other food distribution programs. It explores whether the Department of Agriculture has the authority to terminate assistance to institutions that discriminate on the basis of race in their admission policies. The document concludes that such action would be legally authorized, but recommends amending the regulations to clarify the implications. It also raises questions about the inconsistency of enforcing the requirement against private institutions but not public schools, and the need for clarity in the regulations regarding discriminatory admission policies. The document concludes that the Department of Agriculture may legally terminate assistance to institutions that discriminate on the basis of race in their admission policies. It raises questions about the inconsistency of enforcing the requirement against private institutions but not public schools, and the need for clarity in the regulations regarding discriminatory admission policies. The document also discusses the conflicting statements in Congressional debates about the termination of school lunch assistance to segregated schools, and the need for consistency in enforcing the requirements of Title VI.
10/27/2020
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Department of the Army Personnel Security Clearance Regulation AR 604‐5 dated August 6, 1965.
The document is a legal memorandum discussing the Army Regulation 604-5, which allows for the summary denial of security clearances to civilian employees and military personnel of the Department of the Army. The memorandum raises concerns about the lack of procedural rights and protections for adversely affected employees, and questions whether the Army has the legal authority to deny security clearances under the procedures and standards prescribed by Section 24(b). It also references legal cases, such as Cafeteria Workers Union v. McElroy and Green v. McElroy, to support the argument that the Army's procedures for denying security clearances may be unconstitutional and lacking in due process. The document concludes that the Army may lack legal authority to deny security clearances to civilian employees and suggests consulting the Civil Service Commission for further guidance.
10/27/2020
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Possible ways of avoiding the tariff on copper.
The document discusses possible ways to avoid paying a 1.7¢ duty on imported copper, including using emergency war material provisions and relief work provisions. The conclusion reached is that none of the mentioned possibilities offer a feasible alternative to paying the duty. The document also presents questions regarding the legality and practicality of importing copper under the guise of emergency relief work, as well as proposing a course of action involving impounding duties pending the enactment of a relief measure.
10/27/2020