Showing 861–870 of 2202

• 6/8/1988

  Interpretation of District of Columbia Good Time Credits Act of 1986

  The District of Columbia Good Time Credits Act of 1986, which requires that prisoners "be given credit on the maximum . . . term of imprisonment for time spent . . . on parole" does not impliedly repeal another provision of the D.C. Code, that requires that recommitted parole violators not receive credit against their sentences for time spent on parole. 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/24076/download.

  6/8/1988

• 6/6/1988

  Applicability of the Davis-Bacon Act to the Veterans Administration's Lease of Medical Facilities

  The Attorney General has authority to review legal determinations made by the Secretary of Labor under the Davis-Bacon Act. A lease of a privately owned facility is not a "contract for construction of a public building" within the meaning of the Davis-Bacon Act. The mere fact that a lessor undertakes construction in order to fulfill its obligations is insufficient to convert a lease into such a contract. 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/24071/download.

  6/6/1988

• 5/16/1988

  The Application of the Apportionment Clause of the Fourteenth Amendment to Illegal Aliens

  9/2/2022

• 5/10/1988

  Applicability of 18 U.S.C. § 207(a) to the Union Station Development Corporation

  18 U.S.C. § 207(a) does not prohibit a former employee of the District of Columbia government now working for the Union Station Redevelopment Corporation from communicating with the District government concerning matters on which she worked as a District employee, because the Corporation should be regarded as "the United States" for the purposes of that statute. 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/24066/download.

  5/10/1988

• 5/10/1988

  Assignment of Marine Personnel to the U.S. Mission to the United Nations

  This memo considered (1) whether requesting the assignment of marine personnel to guard a U.S. mission to the United Nations would fall outside the scope of 10 U.S.C. § 5983, which allows the assignment of marines to guard any "embassy, legation, or consulate," and (2), whether the assignment would violate the Posse Comitatus Act, which generally prohibits the use of the army or air force to participate in civil law enforcement. The memo concluded that such a request was permissible under 10 U.S.C. § 5983 and did not violate the Posse Comitatus Act.

  9/2/2022

• 4/29/1988

  Disclosure of Advisory Committee Deliberative Materials

  The Federal Advisory Committee Act requires advisory committees to make available for public inspection written advisory committee documents, including predecisional materials such as drafts, working papers and studies. The disclosure exemption available to agencies under exemption 5 of the Freedom of Information Act for predecisional documents and other privileged materials is narrowly limited in the context of the Federal Advisory Committee Act to privileged inter-agency or intra-agency documents prepared by an agency and transmitted to an advisory committee. 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/24061/download.

  4/29/1988

• 4/25/1988

  Citizenship issues in the Northern Mariana Islands

  This letter responded to a request for a legal opinion on the issuance of passports to certain residents of the Northern Mariana Islands. Because the Justice Department was engaged in ongoing litigation on the matter, the memo declined to offer an opinion.

  9/2/2022

• 4/12/1988

  Authority of Foreign Law Enforcement Agents to Carry Weapons in the United States

  No federal statutes generally authorize foreign law enforcement agents to carry firearms in the United States. In particular, 18 U.S.C. § 951 does not provide such authority. Absent congressional consent, the Emoluments Clause precludes foreign agents from enforcing federal laws. 19 U.S.C. § 1401(i) does not constitute such consent. The President does not possess inherent authority to designate foreign agents to carry firearms in the United States in order to enforce federal law. 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/24056/download.

  4/12/1988

• 4/12/1988

  Effect of Legislative Prohibition Against Assistance for Panama on Drug Enforcement Administration Law Enforcement Activities

  This memo considered whether the grants of funds and materials by the DEA to Panamanian law enforcement authorities constituted a form of "United States assistance" prohibited by Section 570 of a Congressional continuing resolution. It concluded that these grants were a prohibited form of assistance and suggested that the DEA instead only transfer money and goods for specific services rendered in the context of specific operations.

  9/2/2022

• 3/30/1988

  Authority to Advance Funds to Cuban Detainees to Purchase Commissary Items

  The Director of the Bureau of Prisons has the authority under 18 U.S.C. § 4042 to direct that money from general prison operating funds be advanced to indigent Cuban detainees as a credit to their commissary accounts. 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/24051/download.

  3/30/1988