
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit
This Reading Room is the most comprehensive public database of 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 all unclassified OLC opinions written between 1945 and February 15, 1994. Those indexes are also available as a comprehensive list here and in .csv format here.
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 2091–2100 of 2198
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Federally Supervised Lending Institutions and Racial Discrimination
5/16/2022
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Authority Under International Law to Take Action If the Soviet Union Establishes Missile Bases in Cuba
In the event that missile bases should be established in Cuba by the Soviet Union, international law would permit use by the United States of relatively extreme measures, including various forms and degree of force, for the purpose of terminating or preventing the realization of such a threat to the peace and security of the western hemisphere. An obligation would exist to have recourse first, if time should permit, to the procedures of collective security organizations of which the United States is a member. The United States would be obliged to confine any use of force to the least necessary to the end proposed. 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/20791/download.
8/30/1962
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Applicability of the False Statements Act to Statements Made to Agents of the Federal Bureau of Investigation
5/16/2022
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Authority to print posters and fliers designed to encourage voting
5/16/2022
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Liability of President or Mrs. Kennedy to Prosecution for Leaving the Scene of an Automobile Accident
5/16/2022
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Authority of Congress to Regulate Wiretapping by the States
Congress has authority under the Commerce Clause to regulate state wiretapping practices by prescribing a rule of evidence in state courts, limiting the authority of state officials to tap wires and to disclose and use information thereby obtained, prescribing the grounds and findings on which a state court may issue wiretap orders, and directing state courts to file reports with federal officials. 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/20786/download.
2/26/1962
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Authority of United States Marshals to Protect Witnesses Appearing Before the Civil Rights Commission and its State Advisory Committees
This opinion advised J. Edgar Hoover, then the director of the FBI, that United States marshals could protect witnesses from actual or threatened force when they appear before civil rights commissions, because those witnesses enjoy constitutional rights to testify before state committees. The memo suggested, however, that the federal government should avoid involvement if the FBI believes that state and local law enforcement would provide adequate protection.
5/16/2022
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Lobbying by Executive Branch Personnel
Title 18, section 1913 of the U.S. Code does not bar conversations which a Peace Corps employee had with certain members of Congress at the direction of the Director of the Peace Corps in an attempt to enlist their support for a bill to establish the Peace Corps on a statutory basis. A literal interpretation of 18 U.S.C. § 1913, which would prevent the President or his subordinates from formally or informally presenting his or his administration's views to the Congress, its members, or its committees regarding the need for new legislation or the wisdom of existing legislation, or which would prevent the administration from assisting in the drafting of legislation, would raise serious doubts as to the constitutionality of that statute. As so interpreted, it would seriously inhibit the exercise of what is now regarded as a basic constitutional function of the President concerning the legislative process. 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/20781/download.
10/10/1961
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Use of Executive Authority to Deny Federal Funds to Institutions of Higher Learning Which Discriminate Among Applicants for Admission
This opinion concluded that the executive branch could withhold funding from segregated colleges and universities, and suggested that in some cases the Fourteenth Amendment might require the withholding of funds.
5/16/2022
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Executive Powers Available By Virtue Of The National Emergency Proclaimed on December 16, 1950
5/16/2022