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.
Showing 791–800 of 2202
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Extraterritorial Effect of the Posse Comitatus Act
The Posse Comitatus Act does not apply outside the territory of the United States. Although some language in Department of Defense regulations suggests that certain restrictions on the use of military assistance apply outside the land area of the United States, the better view is to read those regulations consistently with provisions in the underlying statute, passed subsequently to the Posse Comitatus Act, stating that no limitations beyond those imposed by the Posse Comitatus Act were intended to be enacted. 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/24351/download.
11/3/1989
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Extraterritorial Effect of the Posse Comitatus Act
9/2/2022
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Expert Witness Agreements Between the Department of Justice and Employees of the Department of Veterans Affairs
As a general matter, employees of the Department of Veterans Affairs may enter into expert witness agreements with the Department of Justice for testimony that is unrelated to their official duties, so long as the requirements of 18 U.S.C § 205 are observed. 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/24346/download.
10/24/1989
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Use of Navy Drug-Detecting Dogs by Civilian Postal Inspectors
The Secretary of the Navy retains the discretion under the Posse Comitatus Act and Department of Defense regulations to authorize the United States Postal Inspection Service to use Navy drug-detecting dogs and their handlers to identify postal packages containing illegal narcotics. 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/24341/download.
10/10/1989
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Sequestration Exemption for the Resolution Funding Corporation
"Backup" payments made by the Department of the Treasury to cover interest obligations of the Resolution Funding Corporation are not subject to sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. 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/24336/download.
10/3/1989
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Seventh Amendment Restrictions on the Assessment of Punitive Damages
The Seventh Amendment does not prohibit federal legislation mandating that a judge assess the amount of punitive damages after a jury determines liability in a products liability case. 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/24331/download.
9/29/1989
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Constraints Imposed by 18 U.S.C. § 1913 on Lobbying Efforts
The Anti-Lobbying Act prohibits substantial "grass roots" lobbying campaigns of telegrams, letters, and other private forms of communication designed to encourage members of the public to pressure members of Congress to support Administration or Department legislative or appropriations proposals. The Anti-Lobbying Act does not prohibit (1) direct communications between Department of Justice officials and Members of Congress and their staffs; (2) public speeches, appearances, and writings; (3) private communications designed to inform the public about Administration positions or to promote those positions, as long as there is no significant expenditure of appropriated funds; (4) the traditional activities of Department components whose duties historically have included communicating the Department's views to Congress, the media, or the public; or (5) communications or activities unrelated to legislation or appropriations, such as lobbying Congress or the public to support Administration nominees. 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/24326/download.
9/28/1989
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Whether the Federal Trade Commission Has Authority to Prosecute Actions for Criminal Contempt
The Federal Trade Commission lacks authority to prosecute actions for criminal contempt, unless the Commission's attorneys receive special appointments from the Attorney General and become subject to his direction. 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/24321/download.
9/25/1989
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Status of the Commission on Railroad Retirement Reform for Purposes of the Applicability of Ethics Laws
The Commission on Railroad Retirement Reform is not an agency in the executive branch for purposes of determining what obligations members of the Commission may have under the laws governing conflicts of interest and financial disclosure. Because the Commission is not part of the executive branch for these purposes, the Office of Legal Counsel is without authority to advise the Commission regarding the obligations of its members under whatever conflicts laws may apply to them. 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/24316/download.
9/14/1989
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Department of Justice Authority Regarding Relocations, Reorganizations, and Consolidations
The provisions of 1989 supplemental appropriations legislation for the Department of Justice did not prohibit the Department from considering or planning for relocations, reorganizations, and consolidations that had not been previously reported to Congress. Under the same legislation, the Department was also permitted to complete relocations, reorganizations, and consolidations that were begun prior to June 30, 1989. 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/24306/download.
8/28/1989