Showing 811–820 of 2202

• 7/10/1989

  Availability of the Judgment Fund for Settlements With Foreign Countries

  If the United States enters into appropriate settlement agreements with foreign countries whose nationals were victims of the 1988 Iran Air incident, the Attorney General would have the authority to certify such settlements for payment from the Judgment Fund, subject to approval by the Comptroller General. The Comptroller General's role is ministerial. 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/24261/download.

  7/10/1989

• 7/3/1989

  Application of the Posse Comitatus Act to Assistance to the United States National Central Bureau

  The assistance to the United States National Central Bureau by military agencies that is permitted by the Posse Comitatus Act is not limited to investigations into violations of the Uniform Code of Military Justice. Additional situations under which assistance is permitted is discussed in the memorandum. 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/24256/download.

  7/3/1989

• 6/30/1989

  Deportation Proceedings for Joseph Patrick Thomas Doherty

  The Attorney General disapproved the decision of the Board of Immigration Appeals to permit the respondent to reopen his deportation proceedings in order to apply for relief from deportation and to redesignate his country of deportation. 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/24146/download.

  6/30/1989

• 6/27/1989

  Reimbursement for Detail of Judge Advocate General Corps Personnel to a United States Attorney's Office

  The Economy Act requires the Department of Defense to be reimbursed for the detail of Judge Advocate General Corps attorneys to a United States Attorney's Office. The authonty of the Director of National Drug Control Policy temporarily to reassign federal personnel under the Anti-Drug Abuse Act of 1988 does not displace the requirements of the Economy 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/24251/download.

  6/27/1989

• 6/23/1989

  Use of Department of Defense Drug-Detecting Dogs to Aid in Civilian Law Enforcement

  Lending Department of Defense drug-detecting dogs to civilian law enforcement officials and training the officials to handle the dogs is permitted by the Posse Comitatus Act. The use of Department of Defense personnel to search, but not seize, materials is permissible if there are no persons present with whom a confrontation might arise. The restrictions of 10 U S.C. § 375 are inapplicable to the Navy and the Marine Corps. Therefore, the use of Naval and Marine drug-detecting dogs lies within the discretion of the Secretary of the Navy and the Secretary of Defense. 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/24246/download.

  6/23/1989

• 6/21/1989

  Authority of the Federal Bureau of Investigation to Override International Law in Extraterritorial Law Enforcement Activities

  At the direction of the President or the Attorney General, the FBI may use its statutory authority to investigate and arrest individuals for violating United States law, even if the FBI's actions contravene customary international law. The President, acting through the Attorney General, has the inherent constitutional authority to deploy the FBI to investigate and arrest individuals for violating United States law, even if those actions contravene customary international law. Extraterritorial law enforcement activities that are authorized by domestic law are not barred even if they contravene unexecuted treaties or treaty provisions, such as Article 2(4) of the United Nations Charter. An arrest that is inconsistent with international or foreign law does not violate the Fourth Amendment. 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/24241/download.

  6/21/1989

• 6/19/1989

  Congressional Requests for Confidential Executive Branch Information

  This memorandum summarizes the principles and practices governing congressional requests for confidential executive branch information. 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/24236/download.

  6/19/1989

• 6/15/1989

  Authority of the Customs Service to Offer Rewards for Information Concerning the Whereabouts of Indicted Drug Traffickers

  The Customs Service is not authorized to offer financial rewards for original information on the whereabouts in the United States of high-level, international drug traffickers who are under indictment. 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/24231/download.

  6/15/1989

• 6/8/1989

  Application of Vacancy Act Limitations to Presidential Designation of an Acting Special Counsel

  The Vacancy Act does not circumscribe the President's express authority pursuant to the Immigration Reform and Control Act of 1986 to designate an Acting Special Counsel for Immigration-Related Unfair Employment Practices. 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/24226/download.

  6/8/1989

• 6/8/1989

  Constitutionality of Nuclear Regulatory Commission's Imposition of Civil Penalties on the Air Force

  In the absence of Presidential intervention to review its decision, the Nuclear Regulatory Commission may constitutionally issue an order imposing civil penalties on the Department of the Air Force under the Atomic Energy Act of 1954. Although Congress may not deprive the President of an opportunity to review a decision made by an agency subject to his supervisory authority, the President is not constitutionally required to review all such decisions before they may be lawfully implemented. Because the Atomic Energy Act gives the Attorney General exclusive authonty and discretion to enforce civil penalties imposed under the Act, an interagency dispute regarding the collection of such penalties would properly be resolved within the executive branch rather than through interagency litigation. 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/24221/download.

  6/8/1989