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 861–870 of 2214

  • Application of the Emoluments Clause to a Civilian Aide to the Secretary of the Army

    This opinion reviews whether William J. Hybl, an aide to the Secretary of the Army, is subject to the Emoluments Clause and thereby prohibited from accepting titles from foreign states. The opinion concludes that the Hybl's position is an office of trust for purposes of the Emoluments Clause, and accordingly Hybl is subject to its restriction. Since "Honorary Consul for Luxembourg" is clearly an “Office or Title” offered by a foreign state, the opinion concludes that Hybl cannot from accepting the consulship while in office. 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/936181/download.

    8/29/1988

  • Investigative Authority of the General Accounting Office

    The General Accounting Office lacks statutory authority to review the Executive's discharge of its constitutional foreign policy responsibilities. GAO is precluded by the Intelligence Oversight Act from access to intelligence information. The memorandum also reviews generally the executive privilege principles that apply in the contexts of intelligence, law enforcement, and deliberative process information. 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/24106/download.

    8/16/1988

  • The President's Veto Power

    Article I of the Constitution does not vest the President with the inherent power to veto portions of a bill while signing the remainder of it into law. 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/24101/download.

    7/8/1988

  • The Status of the Smithsonian Institution Under the Federal Property and Administrative Services Act

    The Smithsonian Institution is an "independent establishment in the executive branch" and is therefore an "executive agency" for purposes of the Federal Property and Administrative Services Act. 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/24096/download.

    6/30/1988

  • Authority of the Acting Deputy Attorney General

    This document is a memorandum from the Office of Legal Counsel to the Attorney General, outlining the extent of authority of the Acting Deputy Attorney General. It concludes that the Acting Deputy Attorney General has the authority to exercise all the powers vested in the Deputy Attorney General by statute or regulation, including the approval of settlements over $750,000 and the waiver of disqualifications under 18 U.S.C. 208. The document also presents the question of whether there are any exceptions to the Acting Deputy Attorney General's authority, particularly under 28 U.S.C. 508 and 28 C.F.R. +392.

    9/2/2022

  • Applicability of Interest and Penalty Provisions of the Criminal Fine Enforcement Act to Fines Imposed as a Condition of Probation

    Application of the interest and penalty provisions of the Criminal Fine Enforcement Act of 1984 is mandatory in the case of late payment or nonpayment of a fine imposed strictly as a condition of probation. 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/24091/download.

    6/15/1988

  • Constitutionality of Amendment to the Fair Housing Act

    Theisdocument is a memorandum discussing the proposed amendment to the Fair Housing Amendments Act of 1988, specifically the Fish II amendment. The conclusion reached in the document is that the proposed section 812(0) of the amendment raises constitutional problems, as it would limit the Secretary's discretion in deciding whether a civil action is meritorious. The questions presented for review include whether the proposed amendment interferes with the President's power to take care that the laws are faithfully executed, and whether the Secretary should retain unfettered discretion in deciding when to file a suit.

    9/2/2022

  • Litigating Authority of the Interstate Commerce Commission

    The Interstate Commerce Commission lacks authority to intervene in the court of appeals in litigation between a railroad and its employees under the Railway Labor Act, or to file an amicus brief in the case, without the approval of the Attorney General. The Interstate Commerce Commission also lacks authority to file a petition for certiorari, absent authorization from the Solicitor General. 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/24086/download.

    6/10/1988

  • Deportation Proceedings of Joseph Patrick Thomas Doherty

    The Attorney General reversed the decision of the Board of Immigration Appeals that there was insufficient evidence that the deportation of the respondent to the Republic of Ireland would be prejudicial to the interests of the United States, and remanded the case to the BIA for further proceedings. 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/24011/download.

    6/9/1988

  • Department of Justice Funding of Representation of Victims in Connection with a West German Prosecution

    The Department of Justice may use its funds to pay for the representation o f non-military American victims of the hijacking of TWA Flight 847, in connection with a West German prosecution, if it is determined that such representation would be in the interest of the United States. 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/24081/download.

    6/8/1988

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