The OLC
Astrid Da Silva

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).

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.

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  • White House Communications Agency Expenses Incurred on Political or Personal Travel by the President

    When the White House Communications Agency accompanies the President on travel, it may (and should) use appropriated funds to pay for any expense incurred for activities in furtherance of its official mission to provide a continuous communications capability to the President and his advisors, regardless of whether the travel is for official, political, or personal purposes. The White House Communications Agency may use appropriated funds to pay for expenses incurred in connection with the provision of communications facilities and services for the official use of the President and his staff during Presidential travel. Appropriated funds may be expended to facilitate official, but not political, communication between the President and the press. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23431/download.

    10/22/1990

  • Application of 18 U.S.C. § 207(a) to Pardon Recommendation Made by Former Prosecutor

    This opinion reivews 18 U.S.C. § 207(a), which prohibits a former employee of the Executive Branch from communicating to the government, on behalf of anyone else, regarding specific matters in which he participated personally and substantially during their government service. The opinion concludes that section 207(a) does not apply to a former Antitrust Division attorney (name redacted) who submitted an affidavit to the President in support of a pardon for an individual whom the attorney prosecuted several years ago. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/936171/download.

    10/17/1990

  • Attorney General's Authority with Respect to the Regulatory Initiatives of the U.S. Parole Commission

    The Attorney General has the authority to require the United States Parole Commission, a component of the Department of Justice for administrative purposes, to participate in Department-wide regulatory coordination that does not entail substantive control of the Commission's regulatory initiatives. The Attorney General thus may require the Commission to submit any proposed regulations to the Office of Management and Budget's Office of Information and Regulatory Affairs through the Department's Office of Policy Development and may also require the Commission to keep OPD informed of any regulatory initiatives under consideration. The Commission's statutory status as an "independent agency" within the Department precludes the Attorney General as a general matter from asserting substantive control over the Commission's policymaking, including its issuance of regulations. Accordingly, the Attorney General may not require the Commission to obtain OPD approval of its proposed regulations. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23426/download.

    10/10/1990

  • Reimbursing Justice Department Employees for Fees Incurred in Using Private Counsel Representation at Congressional Depositions

    The Department of Justice may reimburse its employees for legal fees they incur in using private counsel representation at congressional depositions in circumstances where the Department was planning to provide Department counsel for official capacity testimony but the congressional committee refused to permit Department counsel to be present. The Department should make individualized inquiries to determine whether the representation of particular employees includes representation of purely personal interests that should not be reimbursed. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23421/download.

    9/27/1990

  • Whether the Office of Navajo and Hopi Indian Relocation is an independent entity within the Executive Branch rather than a constituent part of the Department of the Interior

    In this brief memo, the OLC determined that the Office of Navajo and Hopi Indian Relocation––an agency created to relocate Navajo and Hopi people after Congress enacted the Navajo-Hopi Land Settlement Act of 1974, dividing their lands––is an independent entity within the Executive Branch rather than a constituent part of the Department of the Interior.

    9/2/2022

  • Employment Status of the Members of the Board ofDirectors of the Federal Housing Finance Board

    The Financial Institutions Reform, Recovery, and Enforcement Act of 1989, which created the Federal Housing Finance Board, permits the members of the Board of Directors of the FHFB to serve on a part-time basis. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23416/download.

    7/11/1990

  • Applicability of Conflict of Interest Laws to Current and Former Executive Branch Employees Serving as Trustees in Bankruptcy Cases

    Sections 203 and 205 of title 18 do not prohibit current executive branch employees from serving as bankruptcy trustees, if the United States is not a party to and lacks a "direct and substantial interest" in the particular bankruptcy proceeding. Otherwise, the sections bar current employees, except for United States Trustees and their employees, from serving as trustees in bankruptcy. Subsections (a) and (b) of 18 U.S.C. § 207 do not prohibit former executive branch employees from serving as trustees, if the United States is not a party to and does not have a "direct and substantial interest" in the particular bankruptcy proceeding. Where the United States has such an interest, the subsections would prohibit a former executive branch employee from serving as a trustee in matters with respect to which he participated, or which fell under his supervision, while he was in governmentservice. The narrow class of former high-level executive officials covered by 18 U.S.C. § 207(c) may not serve as trustees where the matter involved is one pending before the official's former agency or is one in which that agency has a "direct and substantial interest." The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23411/download.

    6/7/1990

  • Lease or Loan of Aircraft to Foreign Countries for Assistance in International Narcotics Control Under Subsection 506(a)(2) of the Foreign Assistance Act of 1961

    The federal government may lease or loan Department of Defense aircraft to foreign countries to assist in international narcotics control under the authority of subsection 506(a)(2) of the Foreign Assistance Act of 1961. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23406/download.

    6/4/1990

  • Lease of a Defense Department Airplane Under 31 U.S.C. § 1535

    9/2/2022

  • Authority of the General Services Board of Contract Appeals to Order Reimbursement of the Permanent Judgment Fund for Awards of Bid Protest Costs

    The General Services Board of Contract Appeals does not have the authority to order the Department of the Army to reimburse the permanent indefinite judgment fund for a Board award of bid protest costs under the Competition in Contracting Act. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23401/download.

    5/29/1990

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