Reading Room Document

The Force and Effect of the Opinions of the Attorney General

In this memo, the OLC considered whether opinions of the attorney general were binding on other executive branch agencies and, if so, what sanctions were available to the attorney general if their opinions were not followed. The office concluded that the attorney general’s opinions had only limited binding effect upon the conduct of the executive branch agencies, and that the attorney general could only use informal means to ensure compliance. The OLC also stated that the president, as the head of the executive branch, did not need to follow the legal advice of their attorney general, but such legal advice bound subordinate officers within the Department of Justice.

May 28, 1974