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 2031–2040 of 2214
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Appointment of personnel by the President's Commission on Law Enforcement and Administration of Justice.
The document discusses the appointment of personnel by the President's Commission on Law Enforcement and Administration of Justice, specifically in regards to whether highly qualified individuals can be appointed without following Civil Service formalities and qualifications, and whether they can be paid salaries in excess of $20,000 a year. The document concludes that the President has the authority to waive the provisions of the Classification Act of 1949 and the civil service laws, as long as the activities of the Commission are financed from the Special Projects Fund. It also discusses the possibility of placing all Commission positions in Schedule A or C, which would give the Commission flexibility in employing personnel. The document presents questions regarding the limitations on supergrades, the appointment of former Federal employees at higher levels, and the potential opposition from the Bureau of the Budget to appointing personnel without regard to the Classification Act.
10/27/2020
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Acceptance of Presidential Library from the University of Texas.
The document discusses the authorization for the President to accept land, buildings, and equipment from the University of Texas to establish a depository for President Johnson's papers and historical material. It highlights the requirement for the Administrator to file reports with Congress detailing the terms and conditions of the proposed gift and the historical materials to be deposited. The conclusion reached is that a joint resolution is proposed to authorize the President to accept the facilities, eliminating the waiting period and the need for a formal acceptance by the Administrator. The document presents questions regarding the authorization for the President to accept the gift on behalf of the United States and the operation and maintenance of the facilities as a Presidential archival depository.
10/27/2020
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Statement describing in general terms the powers and functions of the Comptroller General and the General Accounting Office.
The document is a memorandum describing the powers and functions of the Comptroller General and the General Accounting Office. It discusses the historical conflicts between the Executive Branch and the General Accounting Office, as well as the friction between the Office and the departments and agencies of the Executive Branch. The document also outlines the functions of the General Accounting Office, including auditing, accounting, settlement of accounts, debt collection, providing legal opinions, and conducting special investigations for the Congress. The questions presented for review include the constitutional concept of separation of powers, the authority of the Comptroller General, and the ongoing friction between the General Accounting Office and the Executive Branch.
10/27/2020
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Carl H. Buck ‐‐ Pardon Matter.
The document is a response to questions posed regarding the application of Carl H. Buck for a Presidential pardon based on innocence. The conclusion reached is that the only way to vindicate Buck's innocence is through a pardon. The document also presents questions about whether there are other means of vindication, the possibility of a new trial based on newly discovered evidence, and potential actions the Board for Correction of Naval Records may take in Buck's case. The document also addresses the applicability of certain sections of the U.S. Code if the President accepts a recommendation and issues a statement regarding Buck's case.
10/27/2020
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Request of your predecessor that I review and reconsider the principles involved in several instances of unfavorable advice rendered by the Antitrust Division of this Department pursuant to § 207 of the Federal Property and Administrative Services Act of
The document discusses the Antitrust Division's concerns about the government's non-competitive sales of industrial facilities, which could result in windfall gains for some purchasers. The document presents a case where a plant was sold at a far higher price through a competitive-bid sale compared to the negotiated sale price. The Attorney General acknowledges the government's responsibility to prevent windfalls and suggests that techniques for conducting sales should meet the objectives of the government without disregarding the antitrust laws. The document raises questions about the competitive disadvantage to outside bidders and the need to develop techniques for conducting sales that align with antitrust objectives.
10/27/2020
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Appointment of Comptroller General
The document is a response to a request for an opinion on whether the individual appointed as Comptroller General should serve for the unexpired term of the previous official or for a full 15-year term. The conclusion reached is that the appointment should be for a full 15-year term, based on the Budget and Accounting Act of 1921. The document presents a history of appointments to the office, showing a consistent pattern of making full 15-year appointments, and concludes that there is no doubt that the statute requires appointments to be for full 15-year terms. The questions presented for review include whether appointments should be made for unexpired terms and the interpretation of the Budget and Accounting Act of 1921.
10/27/2020
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Application of § 401 of Executive Order No. 11222 to the Tax Court and other Article I Courts.
The document is a memorandum discussing the applicability of section 401 of Executive Order No. 11222 to the Tax Court and the Court of Military Appeals. The conclusion reached is that the President should not require financial reports from these courts, as they have a greater degree of independence and operate in a more public manner compared to ordinary executive agencies. The document presents the question of whether financial statements should be obtained from members of these courts and proposes that the Civil Service Commission be instructed not to obtain financial statements from the members of these courts.
10/27/2020
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S.J. Res. I ‐‐ Presidential Inability and Vacancies in the Office of the Vice President
The document discusses the language and grammatical inconsistencies in Section 4 of S.J. Res. 1, which pertains to presidential inability and succession in the office of the Vice President. It highlights the use of "executive department" instead of "executive departments" and the singular use of "department" in the second paragraph, which was deemed to be a clerical error. The conclusion reached is that the phrase "the principal officers of the executive departments" refers to the Cabinet, as clarified in the history and intent of the proposed constitutional amendment. The document presents questions regarding the interpretation of the language and the impact of the grammatical inconsistencies on the proposed amendment. It also provides examples of how clerical errors in legislation are typically disregarded in interpretation.
10/27/2020
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With regard to enrollees in Title I‐B and Title I‐C projects who are working in Federal programs or agencies.
The document is a response from the Office of Legal Counsel to a letter inquiring about the tort liability of enrollees in Title I-B and Title I-C projects working in federal programs or agencies. The response concludes that the United States is bound to tort liability by the negligent acts of these enrollees. It also states that the Department of Justice may represent an enrollee in a tort action and discusses the Federal immunity doctrine. The questions presented for review include the tort liability of the United States, the representation of an enrollee by the Department of Justice, and the Federal immunity doctrine.
10/27/2020
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Issuance of a commission to Aileen C. Hernandez
The document is a memorandum discussing the issuance of a presidential commission to Atleen C. Hernandez, despite the discrepancy in the spelling of her name in her nomination and confirmation. The conclusion reached is that it is entirely proper to issue the commission with the correct spelling of her name, as there is no question about her identity. The document also provides a detailed explanation of the nature and purpose of a presidential commission, citing Marbury v. Madison, and concludes that the commission should accurately reflect the true facts of the appointment. The questions presented for review include whether a commission can be issued with a different spelling of the appointee's name and the nature and purpose of a presidential commission.
10/27/2020