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 2021–2030 of 2214
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D.C. Home Rule‐‐Police Protection
The document discusses the potential impact of D.C. Home Rule legislation on police protection available to the Federal Government. It concludes that the civilian police forces under direct federal control, such as the Park Police, White House Police, and Capitol Police, are not large enough to provide adequate protection without the cooperation of the Metropolitan Police. Additionally, it highlights the limitations on the President's authority to use military forces for law enforcement in the absence of express statutory authority. The document presents questions about the jurisdiction of civilian police forces, the authority to use military forces for law enforcement, and the need to clarify the President's power to assume control over the local police department.
10/27/2020
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Need for further legislation with respect to international traffic in firearms.
The document discusses the need for further legislation to regulate the international traffic in firearms, specifically in response to the contention that the President already has complete authority to control such traffic. The conclusion reached is that while the President does have authority under section 414 of the Mutual Security Act, further legislation based on the commerce power may be necessary in the future to adequately regulate foreign commerce in firearms. The document presents questions regarding the necessity of legislation, the scope and purpose of the existing Mutual Security Act, and the potential justification for further restrictions on the importation of firearms in relation to national security and internal security.
10/27/2020
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Views on the proposed action of the Civil Aeronautics Board dated July 9, 1965 in Compania Panamena de Aviacion, S.A., ("COPA") (Docket 15495).
The document is a response to a letter from the Director of the Bureau of the Budget regarding the proposed action of the Civil Aeronautics Board to grant a foreign air carrier permit to COPA for Miami-Panama service. The document raises questions about compliance with sections 408 and 409 of the Federal Aviation Act due to the ownership of COPA's stock by Pan American World Airways. The conclusion reached is that despite the doubts and unanswered questions, the Board's resolution of the fitness issue in this case is not an abuse of discretion. The document presents the question of whether the Board should seek additional information or advise on the possible violations involved.
10/27/2020
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Federal Action to Restore Civil and Political Rights to Convicted Persons
The document discusses the feasibility and desirability of federal legislation to restore the rights of convicted persons. It explores the potential methods of restoring rights, the constitutional authority for such acts, and the limitations on federal authority. The document also addresses the policy decisions that need to be made before drafting federal legislation, such as the category of federal offenders to which the legislation should apply, the removal of federal disqualifications and disabilities, and the disclosure of information relating to the offense and conviction of an amnestied offender. The conclusion reached is that federal legislation to restore the federal rights of convicted persons is both feasible and desirable, but certain policy decisions need to be made before drafting such legislation.
10/27/2020
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Comprehensive Audit Authority of the General Accounting Office
The document is a response to a request for an opinion on whether the proposed comprehensive audit of the Tax Division by the General Accounting Office is authorized and whether it violates the separation of powers doctrine. The conclusion reached is that the Congress has authorized the GAO to conduct investigations beyond established fiscal auditing practices, but departments and agencies can decline to give the GAO access to information subject to executive privilege. The document also presents questions regarding the GAO's authority to conduct comprehensive audits, the statutory basis for the GAO's authority, and the implications of executive privilege and separation of powers in relation to the GAO's investigations. It also discusses past instances where the GAO's investigative authority was invoked and the implications of such authority on various government agencies.
10/27/2020
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Reference to State of which nominee is a resident upon submission of a nomination to the Senate.
The document discusses the concept of domicile and the requirements for reacquiring a lost domicile in West Virginia. It emphasizes that simply intending to return to West Virginia is not enough to reacquire a lost domicile, and that a domicile cannot be lost until another one is acquired. The document presents the conclusion that in order to effect a loss or change of domicile, there must be an abandonment of the old location and a removal to the new location with the intent to remain there. The questions presented for review include the criteria for reacquiring a lost domicile and the necessity of actual removal to the new residence.
10/27/2020
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Authority of the President to use the Armed Forces of the United States in North Vietnam.
This document discusses the President's authority to use the Armed Forces without a formal declaration of war. It explains that the President has the power to use the Armed Forces in the absence of a formal declaration of war, as long as it is to "repel sudden attacks" or in situations short of formally declared wars. The document also presents examples of past Presidents exercising this power, such as President Wilson ordering the occupation of a port without Congressional approval. The document raises the question of under what circumstances the President may use the Armed Forces abroad without Congressional authorization. It also discusses the President's authority to employ the Armed Forces in the absence of a declaration of war and Congressional authorization, and the usage of the President's power to use the Armed Forces without a formal declaration of war.
10/27/2020
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Civil Defense Advisory Council
The document is a legal opinion regarding the interpretation of a statute related to the composition of the Civil Defense Advisory Council. The conclusion reached is that no more than seven members of the Council can be from the same political party, based on the definition of "majority" as the numerical difference between the larger and smaller groups. The document presents a concise review of the questions surrounding the interpretation of the statute, including the context of the twelve-member council, the legislative history, and comparisons to similar provisions in other statutes and executive orders.
10/27/2020
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Whether, under existing law, employers covered by both Title VII of the Civil Rights Act and Executive Order 10925 must post each of the "equal opportunity" notices required by Title VII and that Executive Order, respectively.
The document is a letter discussing the legal requirements for employers to post "equal opportunity" notices under Title VII of the Civil Rights Act and Executive Order 10925. The conclusion reached is that employers covered by both Title VII and the Executive Order must post both notices, and it would be possible to consolidate them. The questions presented for review include whether employers must post both notices and whether it would be possible to consolidate them, either through amending the Executive Order or by agreeing upon a single form of notice that satisfies both requirements.
10/27/2020
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Los Angeles Riot
The document is a memorandum discussing the applicability of the Disaster Act of 1950 to the Los Angeles riot. It concludes that the President has the legal authority to declare the riot a "major disaster" and provide federal assistance. The document presents questions regarding the definition of "fire" and "other catastrophe" in the Act, and whether the riot qualifies as a "major disaster." It also reviews the legislative history of the Act to support the conclusion reached in the memorandum. The questions presented for review include the interpretation of the Act's language and the intention of Congress in providing federal assistance for disasters.
10/27/2020