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 2161–2170 of 2189
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Guidance on the newly-enacted Administrative Procedure Act
5/16/2022
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Presidential Appointment of Justice Robert Jackson to Prosecute Axis War Criminals in Europe
The President may appoint Justice Jackson as United States prosecutor of the Axis war criminals in Europe. 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/20621/download.
7/2/1946
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Federal Jurisdiction over Violence against Japanese-Americans
5/16/2022
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Determinations Regarding Cessation of Hostilities, Termination of the War and of the Emergency
This opinion explained that the end of hostilities during World War II did not end the war, and instead identified it as the first of three phases to the restoration of peace. Because different wartime statutes used different phases to trigger changes in statutory obligations, the OLC advised that distinct proclamations or joint resolutions noting the end of hostilities, officially declaring an end to the war, and terminating the state of emergency should be issued.
9/2/2022
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Reinstatement of a Federal Judge Following His Service in the Army
The reemployment provisions of the Selective Training and Service Act of 1940 are likely inapplicable to a federal judge. If the Selective Training and Service Act of 1940 does not run to the benefit of federal judges, Judge William Clark has vacated his judicial office, under the circumstances presented here. If the Selective Training and Service Act of 1940 does apply, then Judge Clark's resignation may be immaterial, and the prohibition in the Act of July 31, 1894 against holding a second office probably does not apply. If Judge Clark's further judicial services are desired, he should be given a new appointment, subject to Senate confirmation. 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/20706/download.
12/19/1945
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Claims Arising out of the Loss of or Damage to Property Deposited by Alien Enemies with United States Marshals
The opinion concluded that United States marshals should return any property in their custody without waiting for any further orders from the President or Attorney General, and discussed the need for legislation to manage the process of resolving any claims relating to loss or damage of property.
9/2/2022
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Termination of Plant Seizures
This opinion advised the Attorney General that the agencies holding seized plants or other facilities intended to turn the properties back to their owners “as speedily as possible,” but noted that the War Labor Disputes Act might prevent the transfers, because the Act required a determination that the productive efficiency of the property was restored to pre-seizure levels before restoration. The OLC therefore recommended that the President issue an Executive Order allowing any agency to terminate seizures as soon as practicable.
9/2/2022
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Application of Section 701 of the Nationality Act to native Filipinos
5/16/2022
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Implementation of International Civil Aviation Agreements
If a valid reciprocal arrangement has been entered into between the United States and a foreign country, the Civil Aeronautics Authority is authorized under existing law to grant to a foreign aircraft a permit to fly across the United States without landing or a permit to land for non-traffic purposes. 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/20701/download.
2/6/1945
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Presidential Appointment of Foreign Agents Without the Consent of the Senate
There are many precedents to sustain the power of the President, without the advice and consent of the Senate, to appoint special agents or personal representatives for the purpose of conducting negotiations or investigations. 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/20891/download.
9/23/1943