Reading Room Document

Limitation on the Opinion Function of the Office of Legal Counsel

This document is a memorandum opinion from the Office of Legal Counsel regarding a requested opinion on a pending grand jury investigation. The conclusion reached in the document is that it would not be appropriate for the Office of Legal Counsel to render a legal opinion in this circumstance, as it is not within their authority to provide legal advice at the request of the judicial branch. The questions presented for review include whether the Department of Justice has the authority to investigate possible violations of title 18 involving pension plans covered by the Employee Retirement Income Security Act, and whether the Office of Legal Counsel should respond to the request given that the question is pending before the court.

May 22, 1979