|2001-January-19||“Communications” Under 18 U.S.C. § 207||A former high-ranking government official proposed establishing a consulting firm–as a sole proprietorship, a partnership, or a corporation–in which he would be one of a very few employees, or perhaps even the sole employee. If, as hypothesized, the consulting firm prepares a report on behalf of certain clients, which is submitted directly to his former agency by the consulting firm or, with the former official's knowledge, by his client with the report bearing the consulting firm's name, and it is expected by the former official that his identity as the author of the report may be commonly known throughout the industry and at his former agency, he would be making a communication prohibited by 18 U.S.C. § 207(c). |
|2004-March-17||“Protected Person” Status in Occupied Iraq Under the Fourth Geneva Convention|
The Geneva Convention Relative to the Protection of Civilian Persons in Time of War (IV) governs the United States occupation of Iraq.
The following persons, if captured in occupied Iraq, are not “protected persons” within the meaning of article 4 of the Fourth Geneva Convention: U.S. nationals, nationals of a State not bound by the Convention, nationals of a co-belligerent State, and operatives of the al Qaeda terrorist organization who are not Iraqi nationals or permanent residents of Iraq
|1998-January-28||18 U.S.C. § 203 and Contingent Interests in Expenses Recoverable in Litigation Against the United States||18 U.S.C. § 203 does not prohibit a prospective government officer from maintaining upon his entry into government service a contingent interest in expenses recoverable in litigation involving the United States.|
|1996-September-12||18 U.S.C. § 207 and the Government of Guam||18 U.S.C. § 207(a)(1) prohibits a former Department of the Navy employee from representing the Government of Guam before the Federal Maritime Commission in a litigation in which he participated personally and substantially while employed by the Navy.|
|2000-October-16||A Sitting President's Amenability to Indictment and Criminal Prosecution||The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform itsconstitutionally assigned functions|
|1996-November-26||Access to Classified Information||This memorandum provides an opinion on various legal questions posed by a panel appointed by the Director of Central Intelligence to make a recommendation on whether an official at the Department of State, Richard Nuccio, should be granted access to Sensitive Compartmented Information.|
|1998-June-12||Access to Criminal History Records by Non-Governmental Entities Performing Authorized Criminal Justice Functions|
Non-governmental entities performing authorized criminal justice functions under contract with government law enforcement agencies may be granted access to criminal history records maintained under the authority of 28 U.S.C. § 534, subject to effective controls to guard against unauthorized use and to insure effective oversight by the Department of Justice.
Because Department of Justice regulations implementing 28 U.S.C. § 534 do not affirmatively authorize dissemination of criminal history records to non_governmental entities under contract to assist law enforcement agencies, those regulations should be amended to provide such authorization before access is granted to those entities.
|1999-May-26||Accessibility Guidelines and Federal Lease Renewals||The Architectural and Transportation Barriers Compliance Board may require, pursuant to the Architectural Barriers Act of 1968, that buildings first leased by federal agencies after 1976 be brought into compliance with current accessibility standards when the agency negotiates renewal of the lease. |
|2000-September-15||Administration of Coral Reef Resources in the Northwest Hawaiian Islands|
The President may use his authority under the Antiquities Act to establish a national monument in the territorial sea.
The President may use his authority under the Antiquities Act to establish a national monument in the exclusive economic zone to protect marine resources.
The President may not establish a national wildlife refuge in the territorial sea or the exclusive economic zone using the implied power to reserve public lands recognized in United States v. Midwest Oil Co., 236 U.S. 459 (1915).
The authority to manage national monuments can, under certain circumstances, be shared between the Department of the Interior and other agencies, but the Fish and Wildlife Service must maintain sole management authority over any national wildlife refuge area within a monument. Regulations applicable to national monuments trump inconsistent fishery management plans, but the establishment of a national monument would not preclude the establishment of a national marine sanctuary in the same area.
|1997-July-16||Administrative Assessment of Civil Penalties Against Federal Agencies Under the Clean Air Act||The Clean Air Act authorizes the Environmental Protection Agency administratively to assess civil penalties against federal agencies for violations of the Act or its implementing regulations. Separation of powers concerns do not bar EPA's exercise of this authority because it can be exercised consistent with the Constitution.|