Showing 901–910 of 2202

• 2/9/1987

  Legal Effect of Joint Resolution Disapproving the President's Pay Recommendations

  A joint resolution of Congress disapproving the President's pay recommendations under the Federal Salary Act of 1967 has no legal force when the joint resolution was passed by one house after the expiration of the statutorily prescribed 30-day period for Congress to disapprove the recommendations. The recommended pay raises are therefore effective. Congress remains free, however, to repeal those pay raises through legislation for that purpose. 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/23916/download.

  2/9/1987

• 2/2/1987

  Application of Establishment Clause to School "Voucher" Program

  A draft bill proposing issuance of compensatory education certificates to parents of eligible school children would not on its face violate the Establishment Clause even if the certificates would be redeemable at religious private schools. 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/23911/download.

  2/2/1987

• 1/15/1987

  Release of Information Collected Under the Agricultural Marketing Agreement Act of 1937

  A provision in the appropriations act for the Department of Agriculture relating to the release of information collected under the Agricultural Marketing Agreement Act of 1937 does not restrict the use of such information in the Department's rulemaking proceedings, in its prosecution of enforcement proceedings, or in its defense of regulatory actions under the 1937 Act. The restriction was intended solely to limit the Department's discretionary release of information to members of the public in response to Freedom of Information Act or other requests. 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/23906/download.

  1/15/1987

• 1/12/1987

  Scope of the Term "Particular Matter" Under 18 U.S.C. 208

  This opinion examines the meaning of "particular matter" in 18 U.S.C. § 208(a), the conflict-of-interest statute. The opinion revisits and upholds the prior interpretation of that phrase in a 1978 OLC opinion, defining “particular matter” as extending to rulemaking and general policy matters. 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/1009471/download.

  1/12/1987

• 1/2/1987

  Provisions of the Special Foreign Assistance Act of 1986Relative to the Assets of Jean Claude Duvalier

  Section 204 of the Special Foreign Assistance Act of 1986 requires the President to freeze or otherwise prevent the dissipation of assets, allegedly stolen by the former president of Haiti, that are the subject of litigation to determine their ownership. The President is not required to freeze assets that are not the subject of litigation by the government of Haiti. 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/23901/download.

  1/2/1987

• 12/22/1986

  Applicability of Executive Privilege to the Recommendations of Independent Agencies Regarding Presidential Approval or Veto of Legislation

  In making recommendations to the President to approve or disapprove legislation, an independent agency functions as part of the President's core of executive advisers. When independent agencies render advice to the President concerning his approval or disapproval of legislation, they are acting in an executive capacity, and such advice can be protected under the doctrine of executive privilege. 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/23896/download.

  12/22/1986

• 12/18/1986

  Investigative Authority of the Federal Bureau of Investigation in Certain Areas not Subject to the Sovereignty of the United States

  The FBI asked the OLC whether the FBI had jurisdiction in the Trust Territory of the Pacific Islands, which at the time included the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau. The OLC concluded that because the Northern Mariana Islands were under United States sovereignty, the FBI had the same jurisdiction it had in any other part of the United States. In regard to the Federated States of Micronesia and Republic of the Marshall Islands, the OLC noted that they were “basically” independent countries, but that the FBI had authority to conduct investigative activities based on two law enforcement agreements entered into by the United States and the governments of the islands.

  9/2/2022

• 12/17/1986

  The President's Compliance with the "Timely Notification" Requirement of Section 501(b) of the National Security Act

  Under the Constitution, the President has plenary authority to represent the United States and to pursue its interests outside the borders of the country, subject only to limits contained in the Constitution itself and to such statutory limitations as the Constitution permits Congress to impose by exercising one of its enumerated powers. The conduct of secret negotiations and intelligence operations lies at the very heart of the President's executive power. Statutory requirements that the President report to Congress about his activities in the realm of foreign policy must be construed consistently with his constitutional authority. A statute requiring the President to give Congress notice of covert operations "in a timely fashion" if he withholds prior notification should be construed to permit the President sufficient discretion to choose a reasonable moment for notifying Congress, including withholding notification at least until the secret diplomatic or covert undertaking has progressed to a point when disclosure will not threaten its success. 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/23891/download.

  12/17/1986

• 12/11/1986

  Enforcement by Federal Magistrates of Summonses Issued by the Federal Bureau of Investigation in Aid of Criminal Investigations and Foreign Intelligence Activities

  Certain proposed legislation would have granted the Federal Bureau of Investigation power to issue summonses ordering the production of physical and documentary evidence in aid of federal criminal investigations and foreign intelligence activities. A provision of that legislation allowing United States magistrates to enter orders enforcing such summonses would raise problems under Article III of the Constitution, because it could entail the exercise of the judicial power by officials lacking life tenure and guaranteed non-diminution of compensation. The Article III problems presented by the foregoing provision could be eliminated by providing that the magistrate's order would be treated as a report of findings and recommendations, subject to de novo review by a United States district judge with respect to findings and recommendations of the magistrate as to which objection is made by any party, whereby the judge could accept, reject, or modify the findings or recommendations of the magistrate. A provision in the proposed legislation would permit the ex parte issuance of an order prohibiting disclosure of such FBI summonses upon a showing that such disclosure might endanger life or property; cause the flight of a suspect; result in the destruction of or tampering with evidence, or the intimidation of potential witnesses; or defeat federal remedies or penalties. Under the standard articulated in Mathews v. Eldridge, 424 U.S. 319 (1976), the absence of a predeprivation hearing in this provision would not appear to violate the requirements of the Due Process Clause. 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/23886/download.

  12/11/1986

• 12/9/1986

  Constitutionality of Government Commission's Use of Logo Including an Historical Cross in its Design

  The Christopher Columbus Quincentenary Commission's use of a logo consisting of the number 500 with a cross in one of the zeros, and a star in the other, does not violate the Establishment Clause of the First Amendment. The use of a cross with clear historical associations in the design of a government commission's logo is compatible with the Supreme Court's holding in Lynch v. Donnelly, 465 U.S. 668 (1984). Furthermore, the Establishment Clause does not require a per se rule against the inclusion of religious symbolism in government emblems. 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/23881/download.

  12/9/1986