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 2141–2150 of 2189
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Constitutionality of an Appropriations Bill Denying Funds for Certain Civil Litigation
Legislation directing that no funds be expended in the preparation or prosecution of a civil lawsuit by the United States against a state public utility district regarding riparian rights in a river owned by the federal government is not subject to serious constitutional objection. 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/20721/download.
7/30/1952
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Presidential Authority to Direct the Chairman of the Council of Economic Advisers Not to Comply With a Congressional Subpoena Seeking Testimony About Private Activities
Although there has been a practical construction, extending back to the earliest days of this Republic, of the respective powers of the Congress and the Executive, under which the President may order his subordinates in the Executive Branch to withhold information from the Congress when he deems such action to be in the public interest, it is difficult to justify application of this principle with respect to a congressional subpoena seeking an official's testimony regarding his private activities prior to the time of his close official connection with the President. 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/20716/download.
2/19/1952
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Possible Removal of Japanese From Alien Enemy Classification
This memo addressed a request from the legislative director of the Japanese Citizens League that the President issue a proclamation removing “enemy alien” classification status from Japanese residents of the United States. The opinion canvassed the views of INS, the Criminal Division, the Office of Alien Property, and the Claims Division, before explaining its view that the “real objective” of the Japanese Citizens League was to have the president terminate the state of war with Japan before the Peace Treaty was confirmed, which the OLC found objectionable.
9/2/2022
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Procedures followed by this Government in resolving inter-departmental administrative disputes
5/16/2022
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The President's Papers
This opinion analyzes the Federal Records Act of 1950 and explains the difference between “official” papers of presidents, which have always belonged to the government, and “personal” papers, for which title passes from the president to the government upon deposit with the GSA under § 507(e). The opinion notes that because there is no title passage provision with respect to official papers of heads of agencies, Congress likely already regarded those records as owned by the government, and notes that “removal of such papers by heads of agencies might well be a crime,” citing § 2071.
5/16/2022
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Deposit of the President's papers with the General Services Administrator
5/16/2022
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Presidential Authority to Make Recess Appointments While Incumbents Hold Over
The President may make recess appointments to the Interstate Commerce Commission and to the Board of Directors of the Reconstruction Finance Corporation while members of those entities continue to serve in office under holdover statutes. 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/20896/download.
10/2/1950
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Possible statehood for Hawaii
5/16/2022
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Trial of American Citizens Before Courts Established by the American Military Government in Germany
This memo explained the process afforded to American citizens tried before military courts, including the primary distinction that military courts do not provide a right to a jury trial. The memo also proposed two alternative procedures for American civilians accused of crimes abroad, including trial in German courts and American ones.
9/2/2022
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Presidential Electors and the Nominee of the National Convention
5/16/2022