Showing 1221–1230 of 2214

• 5/4/1981

  Whether a federal interconnection with a non-federal data base creates a "system of records" for the purposes of the Privacy Act.

  The document is a letter from the U.S. Department of Justice to the Office of Management and Budget, requesting their views on whether a federal interconnection with a non-federal database creates a "system of records" for the purposes of the Privacy Act. The Department of Justice has not received a response from the Office of Management and Budget, and if they do not receive it within the next week, they will formulate their opinion on the question without them. The conclusion reached in the document is that the Department of Justice will proceed with formulating their opinion on the question if they do not receive the views of the Office of Management and Budget within the next week. The questions presented for review include whether a federal interconnection with a non-federal database creates a "system of records" for the purposes of the Privacy Act.

  7/27/2020

• 5/4/1981

  Appointment of Judge Wilkey to the Iran-United States Claims Tribunal

  The document is a memorandum discussing the appointment of Judge Wilkey to the Iran-United States Claims Tribunal. It concludes that there are no constitutional or statutory objections to his appointment, but the propriety of acceptance may depend on the Code of Judicial Conduct for United States Judges. The document also presents arguments for and against Judge Wilkey's appointment based on the Code. The questions presented for review include whether Judge Wilkey's appointment would violate the Canons of the Code of Judicial Conduct and the potential implications of the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980.

  10/27/2020

• 4/30/1981

  Presidential Power Concerning Directors of the National Consumer Cooperative Bank

  The document is a response to inquiries concerning the Board of Directors of the National Consumer Cooperative Bank. It concludes that the President has the power to remove and appoint directors at any time, and that interim directors appointed by the President can take legally binding actions on behalf of the Bank. The document also addresses the issue of what constitutes a legal quorum for the Board of Directors and discusses the possibility of recess appointments for government officer members. The questions presented for review include the President's authority over the Board, the legal implications of interim directors' actions, and the process for convening the first meeting of the Board of Directors.

  7/27/2020

• 4/30/1981

  Constitutionality of Statute Imposing Death Penalty for Attempted Assassination of the President

  Under applicable Supreme Court precedent, a statute making it a capital offense to attempt to assassinate the President would be unlikely to survive constitutional challenge, unless it were narrowly drawn to include only cases in which the defendant's intent was unambiguous and the attempt nearly successful. Both historical precedent and contemporary practice in this and other countries suggest that death would ordinarily be regarded by a court as an excessive punishment for the crime of attempted murder. On the other hand, the unique position of the President in our constitutional system, coupled with the threat to the national security which an assault on his person would constitute, may warrant subjecting the crime of attempted assassination of the President to the death penalty. 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/22631/download.

  4/30/1981

• 4/29/1981

  Attorney General's authority to administer oath to appointee to position of Ambassador

  The document discusses the Attorney General's authority to administer oaths to appointees to the position of Ambassador. It points out that Section 2903 of Title 5, U.S. Code, is the operative provision governing the authority to administer oaths within the Executive branch, but paragraph (b) of that section is ambiguous and might limit the authority of the head of an Executive branch to administer oaths to persons in his own department. The document also mentions that it is a frequent practice for ceremonial oaths to be administered without regard to this ambiguity, as long as the oath is also given by the appropriate official when the appropriate papers are signed. The questions presented for review include the interpretation of Section 2903 of Title 5, U.S. Code, and the practice of administering ceremonial oaths without written authorization.

  7/27/2020

• 4/28/1981

  Attorney General participation in USO 40th birthday; funds from which will go to USO building fund

  The document is a memorandum discussing the Attorney General's potential participation in a fundraising event for the USO. The conclusion reached is that there is a prohibition, as per 28 CFR § 45.735-12(a) (1), against the Attorney General making speeches or lending their name or support to fundraising events. The document raises the question of whether this prohibition applies to the USO 40th birthday event, and seeks advice on the matter.

  7/27/2020

• 4/24/1981

  Amendment of the Farmers Home Administration Disaster Loan Program

  Under applicable provisions of the Administrative Procedure Act, amendments to regulations governing the disaster loan program administered by the Farmers Home Administration (FmHA) can be made effective immediately, without giving the public a prior opportunity to comment, if the FmHA finds for "good cause" that notice and public procedure thereon would be "impracticable, unnecessary, or contrary to the public interest." It is for the rulemaking agency to determine whether there is "good cause" for dispensing with notice and comment; however, if the facts are such that the authorized administrative purpose would be frustrated by delay, the argument for proceeding expeditiously is reasonable on its face. 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/22621/download.

  4/24/1981

• 4/24/1981

  Contacts Between the Office of Management and Budget and Executive Agencies Under Executive Order No. 12,291

  Agencies are not precluded from receiving, in the context of informal rulemaking, views or information outside the usual channels for public comment, notwithstanding the ex parte contacts doctrine developed in the D.C. Circuit, and the Office of Management and Budget (OMB) is under no duty to refrain from communicating with rulemaking agencies pursuant to its implementation of Executive Order No. 12,291. The Administrative Procedure Act's provisions for judicial review and public participation in informal rulemaking may be construed to imply an agency obligation to disclose communications from outside the agency, including communications which occur after the publication of proposed rulemaking. Therefore, in order to reduce the danger of reversal, such communication should be included in the administrative file and the record for judicial review, at least to the extent that they are factual as opposed to deliberative in nature. A rulemaking agency need not disclose substantive communications from OMB or other federal agencies which form part of its deliberative process; however, the deliberative process does not extend to the legal or policy views of persons outside of executive or independent agencies, even when they are transmitted by an agency acting as a conduit for the third party. 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/22626/download.

  4/24/1981

• 4/14/1981

  Congressional Testimony by Presidential Assitants

  This memo reviews the legal implications of an assistant to the president testifying voluntarily before a senate committee, and attaches three relevant previous OLC opinions on the subject. The memo advises that even testimony subject to a waiver of immunity "has some potential to undermine the legal basis of the immunity." 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 https://justice.gov/olc/page/file/1225991/download.

  4/14/1981

• 4/6/1981

  The Attorney General's Duty to Defend the Constitutionality of Statutes

  The Department of Justice has a duty to defend the constitutionality of an Act of Congress whenever a reasonable argument can be made in its support, even if the Attorney General concludes that the argument may ultimately be unsuccessful in the courts. The statute at issue in the instant case could be held constitutional as applied in certain situations, and accordingly the Department will defend it. 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/22546/download.

  4/6/1981