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 2001–2010 of 2214
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Applicability of Export Control Act to copper.
The document is a memo discussing the applicability of the Export Control Act to copper. It outlines the authority of the Secretary of Commerce to prohibit or curtail the export of copper under the Act, and cites examples of similar controls placed on other materials in the past. The memo also raises questions about the current extent of export controls on copper and whether the existing regulations are sufficient to completely bar its export. The conclusions reached in the document suggest that there are existing export controls on copper, but further review is needed to determine their adequacy.
10/27/2020
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Disposal of Copper from the National Stockpile
The document discusses the legal authority for the disposal of copper from the national stockpile under the Strategic and Critical Materials Stockpiling Act. It concludes that the President has the authority to release copper from the stockpile for common defense purposes, as long as there is a clear relationship between the release and the common defense purposes for which the materials were acquired. The document also presents the current situation in the copper market, highlighting disruptions and inflationary developments that threaten the stability of the U.S. economy and the common defense. It raises the question of whether the relationship between the release of stockpiled copper and common defense purposes is sufficiently strong and direct to justify the use of Section 5 of the Act.
10/27/2020
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The authority to accept gifts given to the Chairman of the National Endowment for the Arts by Section 10 of the National Foundation on the Arts and the Humanities Act of 1965
The document discusses the authority of the Chairmen of the National Endowment for the Arts to accept and utilize conditional gifts for specific purposes outlined in the act. It concludes that the Chairmen may accept conditional gifts as long as they can be utilized in accordance with the statutory limitations and purposes of the Endowment. The document presents questions regarding the acceptance of conditional gifts, the specific purposes for which they can be used, and the statutory limitations that must be considered when accepting such gifts. It also raises the issue of whether conditional gifts can be utilized in support of specific activities authorized by the Chairmen or in support of the statutory functions of the National Council on the Arts.
10/27/2020
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Views on the proposed action of the Civil Aeronautics Board dated November 5, 1965, in Caledonian Airways Temporary Inclusive Tour Authority Investigation (Docket 16546)
The document is a response to a letter from the Attorney General regarding the proposed action of the Civil Aeronautics Board to grant Caledonian Airways a foreign air carrier permit. The document outlines the unusual features of the case, including the temporary nature of the proposed services, the expeditious treatment of the case, opposition from U.S. flag carriers, and the participation of the Department of Commerce. The conclusion reached is that there are no legal obstacles to preclude the issuance of the proposed permit, and the Board may properly decline to exercise jurisdiction over Donaldson, the English tour operator. The document also discusses the limited scope of judicial review in foreign air carrier permit cases and the potential implications of the Board's decision. The questions presented for review include the Board's power to decline jurisdiction over Donaldson and the potential for judicial review of the Board's decision.
10/27/2020
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Government Action with Respect to Aluminum Price Increases
The document is a memorandum discussing possible government action with respect to aluminum price increases. It outlines the structural economic defect in the aluminum industry and the challenges in reaching effective antitrust measures. The document also presents options for government action, including legislation for price controls, further antitrust legislation, sale of aluminum from stockpiles, and the use of substitute products in government contracts. The conclusions reached in the document suggest that there is no basis for future antitrust action, and it presents questions for review regarding the feasibility and effectiveness of the proposed government actions.
10/27/2020
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Effect of the Department of Housing and Urban Development Act on and after November 9, 1965.
The document discusses the establishment of the new Department of Housing and Urban Development and the transition period before the new Secretary is appointed. It outlines the provisions of the Act, including the transfer of functions, powers, and duties from existing agencies to the new Department. The conclusion reached is that the existing agencies and personnel will continue to function as part of the new Department until the new Secretary is confirmed. The document also presents questions regarding the interpretation of certain provisions in the Act, particularly in relation to the lapse of positions and agencies upon the implementation of the Act by the new Secretary.
10/27/2020
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Reform of the Electoral College
The document is a memorandum discussing the potential implications of a proposed amendment to the Constitution for reform of the Electoral College. The conclusion reached is that the proposed amendment does not intend to repeal the Twenty-third Amendment, which authorizes the District of Columbia to participate in the election of a President and Vice President. The document presents questions regarding the procedures provided by the proposed amendment, specifically in relation to the District of Columbia, and suggests possible ways to ensure that the District has the same rights as a State in the election process, including in contingent elections.
10/27/2020
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Authority of the President with respect to the effective date of the establishment of the Department of Housing and Urban Development
The document discusses the establishment of the Department of Housing and Urban Development and the implications of the President's actions or inactions regarding the appointment of the new Secretary and other officials. It outlines the consequences of not appointing anyone to the new Department, including the potential lapse of functions, powers, and duties, as well as the abolition of old agencies and jobs. The document presents questions about the legal implications of inaction, the interpretation of the effective date of the Act, and the potential consequences for personnel and routine business in the new Department. It also suggests a draft press release announcing the President's decision to defer the appointment of officials until January and to allow officials of the Housing and Home Finance Agency to continue performing their duties.
10/27/2020
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Consequences of non‐designation of officers of the Department of Housing and Urban Development.
The document is a memorandum discussing the consequences of not taking any action prior to November 9, 1955, regarding the appointment of officials for the new Department of Housing and Urban Development. It outlines the various provisions in the Act that provide alternative courses of action, including accelerating the effective date, making appointments, or designating former officials to act temporarily. The document also presents the potential consequences of inaction, such as the headless state of the new department and the abolishment of old agencies and positions. The conclusion reached is that Congress did not foresee the possibility of inaction and did not provide sensible provisions for that eventuality. The document presents questions regarding the validity of arguments for maintaining the status quo and the potential controversy and legal challenges that may arise from not taking any action.
10/27/2020
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Appointment and designation of officers of the Department of Housing and Urban Development
The document discusses the effective date of the Department of Housing and Urban Development Act and the transfer of functions, powers, and duties to the new department. It also addresses the authority to make recess appointments and the alternative method of filling temporarily the new offices created by the Act. The conclusion reached in the document is that it is essential to take action to prevent a vacuum from existing when the new agency comes into existence. The questions presented for review include the legality and timing of making recess appointments, the designation of officials to perform interim duties, and the potential risks and consequences of a failure to act.
10/27/2020