The OLC
Astrid Da Silva

The OLC's Opinions

Opinions published by the OLC, including those released in response to our FOIA lawsuit

This Reading Room is a comprehensive database of published 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 unclassified OLC opinions written between 1945 and February 15, 1994 (these indexes were created by the OLC and intended to be comprehensive). We have compiled those indexes into a single list here and in .csv format here. This Reading Room also contains an index of all classified OLC opinions issued between 1974 and 2021, except those classified or codeword-classified at a level higher than Top Secret (the OLC created this index, too, and intended it to be comprehensive).

Some opinion descriptions were drafted by the OLC, some were prepared by Knight First Amendment Institute staff, and some were generated using AI tools.

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 2011–2020 of 2214

  • Availability of Appropriated Funds for a "Get out the Vote" Campaign.

    The document discusses the issue of low voter registration and participation among African Americans, attributing it to historical discrimination and undereducation. It raises the question of whether the federal government's role should go beyond removing current discrimination to actively encouraging voter registration and participation. The document concludes that the Executive departments are limited in their authority to engage in publicity campaigns to encourage voting, due to strict statutory limitations on printing and mailing materials. It suggests that indirect methods, such as using existing appropriations for publicity purposes and advising potential voters of their rights, could be used to address voter apathy. Additionally, it highlights the broader authority of the President to direct the printing of materials, but notes that budgetary considerations and the President's own stance on the issue may limit practical action.

    10/27/2020

  • Filing of financial statements by employees.

    The document discusses the regulations issued by the Civil Service Commission regarding employee responsibilities and conduct, as directed by Executive Order No. 11222. It outlines the specific positions that require employees to submit statements of employment and financial interest, as well as the criteria for excluding certain positions from this requirement. The document also mentions the drafting of amendments to the Department of Justice Standards of Conduct to conform to the Civil Service Commission's regulations. The questions presented for review include identifying positions in the Office of Deputy Attorney General, U.S. Attorney, U.S. Marshal, and their assistants that should be designated under the regulations, as well as the deadline for filing financial statements by employees of the Department.

    10/27/2020

  • Guaranties of Obligations of Local Urban Renewal and Public Housing Agencies.

    The document is a memorandum to the Attorney General regarding a proposed opinion to the President about the guarantee of obligations of local urban renewal and public housing agencies. The opinion confirms that the United States is bound to provide funds for local agencies' obligations, regardless of pending lawsuits or disputes. The document also includes a request for the President's approval to publish the opinion. The questions presented for review include the effectiveness of the government's pledge and incontestability provisions in binding the United States in the case of pending disputes, as well as the impact of private financing on reducing the Treasury's borrowing needs.

    10/27/2020

  • District of Columbia Home Rule.

    The document discusses the potential impact of home rule legislation on the operations of courts in the District of Columbia. It presents two different proposals for home rule, one passed by the House and the other by the Senate, and examines their effects on the courts. The conclusions reached in the document are that both proposals would confer limited jurisdiction over the Court of General Sessions and other municipal courts to the local government, but ultimate legislative authority would remain with Congress. The document also raises questions about potential changes in the functions of the U.S. Attorney, U.S. Marshal, and U.S. District Court under the proposed home rule legislation.

    10/27/2020

  • Interpretation of recent amendment of 18 U.S.C. 4082

    The document is a response to a memorandum requesting the views of the Office of Legal Counsel on two questions raised by the D.C. Department of Corrections. The questions pertain to the authorization of community visits by inmates of D.C. prisons and the assignment or transfer of inmates to community treatment facilities for work release purposes. The conclusion reached in the document is that the provisions of P.L. 89-176 are broad enough to authorize both actions by the Attorney General or his authorized representative. The document also discusses the applicability of the Act to inmates of D.C. prisons and the interpretation of D.C. Code § 24-425 in relation to the Attorney General's discretionary authority.

    10/27/2020

  • The extent to which [the EEOC] may be given access to information obtained by the President's Committee on Equal Employment Opportunity.

    The document is a response to an inquiry about the extent to which one agency of the government can access information obtained by another agency. The conclusion reached is that, in the absence of a prohibition of law or regulation, there is no obstacle to the release of information or documents between agencies. The document also suggests that a specific section of the regulations of the President's Committee may need to be amended to remove any doubt about the release of investigative reports to the inquiring agency. The questions presented for review include the extent to which one agency can access information obtained by another agency, and whether a specific section of the regulations needs to be amended to facilitate the release of investigative reports.

    10/27/2020

  • Assistant U.S. Attorney ‐‐ corporate directorship.

    The document discusses a request for approval from Assistant U.S. Attorney Wohl to join the board of directors of a small electronics company. It concludes that there are no federal statutes or department regulations prohibiting Mr. Wohl from serving on the board, as long as he adheres to conflict-of-interest statutes and department regulations. The document also advises Mr. Wohl to ensure that his duties as a board member do not conflict with any statutes or regulations. The questions presented for review include whether Mr. Wohl's proposed election to the board is connected to his official position and if he would be able to fulfill his duties without any conflict of interest.

    10/27/2020

  • Exemption under 18 U.S.C. 208(b) in relation to ownership of securities.

    The document is a memorandum regarding a request for an exemption under 18 U.S.C. 208(b) in relation to ownership of securities. The conclusion reached in the document is that the request for an exemption covering stockholdings in Peoples Drug Stores, Inc. and Coastal Caribbean Oils & Minerals, Ltd. is not necessary. The document presents the question of whether any financial interest held by the individual or their spouse in other securities holdings would be substantial enough to affect their integrity as a government official in any matter in which they participate.

    10/27/2020

  • Approval of the Supplemental Agreement between [the Navy] and Richfield Oil Corporation concerning the disposition of products resulting from the processing by Richfield of wet natural gas obtained from Naval Petroleum Reserve No. 1 (Elk Hills, California

    The document is a response to a letter from Acting Secretary BeLieu regarding the Supplemental Agreement between the Department of the Navy and Richfield Oil Corporation. The agreement concerns the disposition of products resulting from the processing of wet natural gas obtained from Naval Petroleum Reserve No. 1. The conclusion reached in the document is that there is no legal objection to the proposed disposition, as long as certain conditions are met. The questions presented for review include the legality of the disposition, compliance with statutory requirements, and the potential need for reoffering the product for public sale after a certain period.

    10/27/2020

  • Proposed appointment of Francis Keppel as Assistant Secretary of Health, Education, and Welfare.

    The document confirms that there are no legal obstacles to Francis Keppel serving as Assistant Secretary of Health, Education, and Welfare while continuing to serve as Commissioner of Education. It cites the Health Research Facilities Amendments of 1955 and Reorganization Plan No. 1 of 1953 as providing the authority for the Secretary to direct Mr. Keppel to continue his functions as Commissioner of Education while performing any other duties prescribed. The document also mentions the Dual Compensation Act, which recognizes that one individual may hold two offices simultaneously. The conclusion reached is that there are no legal barriers to Mr. Keppel's proposed service in two capacities. The document presents questions about the legal authority for Mr. Keppel to hold dual positions and cites precedents for dual tenure at similar levels of positions.

    10/27/2020

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