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OLC FOIA Electronic Reading Room

Although OLC’s records are generally privileged, consistent with the Attorney General’s FOIA guidelines dated March 15, 2022, OLC sometimes releases requested records as a matter of discretion, even if they fall within the scope of a FOIA exemption or have not been the subject of a FOIA request. To make such documents generally available when they are the subject of repeated requests or may be of public or historical interest, and consistent with the requirements of 5 U.S.C. § 552(a)(2)(D), the Office may post them in this electronic reading room. Documents posted in this electronic reading room generally have been disclosed through discretionary release, but they have not been selected for official publication and thus they are not included among the Office’s formal published opinions. Although these records may be of public or historical interest, the views expressed in some of these records may not reflect the Office’s current views.

Frequently Requested Records:

Memorandum for Jason Klitenic, General Counsel, Office of the Director of National Intelligence, from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Re: “Urgent Concern” Determination by the Inspector General of the Intelligence Community (Sept. 24, 2019) [this slip opinion was previously located on our Opinions by Date and Title page but has been superseded by the slip-opinion version of the declassified September 3 memorandum]

Letter for Pat A. Cipollone, Counsel to the President, from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Re: Testimonial Immunity Before Congress of the Former Assistant to the President and Deputy Chief of Staff for Policy Implementation (Sept. 16, 2019)

Letter for Pat A. Cipollone, Counsel to the President, from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Re: Testimonial Immunity Before Congress of the Former Assistant to the President and Staff Secretary (Sept. 16, 2019)

Memorandum for Jason Klitenic, General Counsel, Office of the Director of National Intelligence, from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Re: “Urgent Concern” Determination by the Inspector General of the Intelligence Community (Sept. 3, 2019) (declassified) [the slip-opinion version of this opinion is available on our Opinions by Date and Title page]

Advice Documents Not Selected for Publication:

Additional documents not selected for publication (1945-1993)

Memorandum for John A. Eisenberg, Legal Advisor to the National Security Council, Re: January 2020 Airstrike in Iraq against Qassem Soleimani (March 10, 2020) (partially redacted)

Memorandum for Emmet T. Flood, Counsel to the President, from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Re: Designating an Acting Attorney General (Nov. 14, 2018) [the slip-opinion version of this opinion is available on our Opinions by Date and Title page]

Memorandum for Mary Anne Gibbons, General Counsel and Executive Vice President, United States Postal Service, from H. Jefferson Powell, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Whether a Collective Bargaining Agreement May Require that the United States Postal Service Apply Seniority Rules to Vacant Positions Notwithstanding Requests by Disabled Employees for Reasonable Accommodations Under the Rehabilitation Act (Mar. 19, 2012)

* Memorandum for the Attorney General from David J. Barron, Acting Assistant Attorney General, Office of Legal Counsel, Re: Applicability of Federal Criminal Laws and the Constitution to Contemplated Lethal Operations Against Shaykh Anwar al-Aulaqi (July 16, 2010)

* Memorandum for the Attorney General from David J. Barron, Acting Assistant Attorney General, Office of Legal Counsel, Re: Lethal Operation Against Shaykh Anwar Aulaqi (Feb. 19, 2010)

Memorandum for Gregory B. Craig, Counsel to the President, from David J. Barron, Acting Assistant Attorney General, Re: Application of 5 U.S.C. 3110 to Two Proposed Appointments by the President to Advisory Committees (Sept. 17, 2009)

Memorandum for the Files, Re: Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001 (Jan. 15, 2009)

 Memorandum for the Files, Re: October 23, 2001 OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities (Oct. 6, 2008)

Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (Nov. 7, 2007)

Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (Nov. 6, 2007)

Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (Aug. 23, 2007)

Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (July 24, 2007)

Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques That May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees (July 20, 2007)

Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Re: Application of the Detainee Treatment Act to Conditions of Confinement at Central Intelligence Agency Detention Facilities (Aug. 31, 2006)

Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel (Aug. 31, 2006)

Memorandum for the Files from Steven G. Bradbury, Acting Assistant Attorney General, Re: Legal Review of Department of Defense Draft Documents Regarding Treatment and Interrogation of Detainees (Apr. 13, 2006)

Letter for William J. Haynes II, General Counsel, Department of Defense, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel (Apr. 13, 2006)

Memorandum for the Files from Howard C. Nielson, Jr., Deputy Assistant Attorney General, Re: Whether Persons Captured and Detained in Afghanistan are “Protected Persons” under the Fourth Geneva Convention (Aug. 5, 2005)

* Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques That May Be Used in the Interrogation of High Value al Qaeda Detainees (May 30, 2005)

Letter for the Central Intelligence Agency from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (May 20, 2005)

* Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Application of 18 U.S.C. §§ 2340–2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees (May 10, 2005)

* Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Application of 18 U.S.C. §§ 2340–2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee (May 10, 2005)

Letter for William J. Haynes II, General Counsel, Department of Defense, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel, Re: Memorandum for William J. Haynes II, General Counsel of the Department of Defense, from John Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States (March 14, 2003) (“March 2003 Memorandum”) (Feb. 4, 2005)

Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel (Sept. 20, 2004)

Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel (Sept. 6, 2004)

Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel (Aug. 26, 2004)

Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel B. Levin, Acting Assistant Attorney General, Office of Legal Counsel (August 6, 2004)

Letter for John E. McLaughlin, Acting Director of Central Intelligence, from John D. Ashcroft, Attorney General (July 22, 2004)

Memorandum for the Files from Jack Goldsmith, Assistant Attorney General, Office of Legal Counsel, Re: Voluntary Departure from Occupied Territory (July 16, 2004)

Letter for Scott W. Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (July 7, 2004)

Letter for Scott W. Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (June 23, 2004)

Letter for Scott W. Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (June 23, 2004)

Letter for Scott Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (May 27, 2004)

Memorandum for the Files from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel, Re: Advice to the Department of Defense on Interrogations (May 11, 2004)

Memorandum for the Attorney General from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel, Re: Review of the Legality of the STELLAR WIND Program (May 6, 2004)

Memorandum for Glenn A. Fine, Inspector General, from Jack L. Goldsmith, Assistant Attorney General, Office of Legal Counsel, Re: Constitutionality of Certain FBI Intelligence Bulletins (Apr. 5, 2004)

Memorandum for William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States (Mar. 14, 2003)

Memorandum for William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Response to the Preliminary Report of the ABA Task Force on Treatment of Enemy Combatants (Feb. 7, 2003)

Memorandum for Alberto R. Gonzales, Counsel to the President, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Presidential Authority to Protect National Security Information (Jan. 27, 2003)

Memorandum for Larry D. Thompson, Deputy Attorney General, from M. Edward Whelan III, Principal Deputy Assistant Attorney General, Re: Bureau of Prisons Practice of Placing in Community Confinement Certain Offenders Who have Received Sentences of Imprisonment (Dec. 13, 2002)

Memorandum for Alberto R. Gonzales, Counsel to the President, from M. Edward Whelan III, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Signing of H.J. Res. 124 (Nov. 22, 2002)

Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Authorization for Use of Military Force Against Iraq Resolution of 2002 (Oct. 21, 2002)

Memorandum for Michael Chertoff, Assistant Attorney General, Criminal Division, from Joan L. Larsen, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Whether Section 319(b) of the Patriot Act Includes Authority for the Issuance of Grand Jury Subpoenas to Foreign Banks That Maintain Correspondent Accounts in the United States (Aug. 6, 2002)

Memorandum for Alberto R. Gonzales, Counsel to the President, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A (Aug. 1, 2002)

Letter for Alberto R. Gonzales, Counsel to the President, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel (Aug. 1, 2002)

* Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Interrogation of al Qaeda Operative (Aug. 1, 2002)

Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Specter/Harkin Joint Resolution Calling for Congress to Vote on a Resolution for the Use of Force by the United States Armed Forces Against Iraq (July 23, 2002)

Letter for John Rizzo, Acting General Counsel, Central Intelligence Agency, from John Yoo, Deputy Assistant Attorney General, Office of Legal Counsel (July 13, 2002)

Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Applicability of 18 U.S.C. § 4001(a) to Military Detention of United States Citizens (June 27, 2002)

Memorandum for the Attorney General from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Determination of Enemy Belligerency and Military Detention (June 8, 2002)

Letter for U.S. District Judge Colleen Kollar-Kotelly, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel (May 17, 2002) (regarding “the President’s power to deploy expanded electronic surveillance techniques in response to the terrorist attacks against the United States on September 11, 2001”)

Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from Patrick Philbin, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Swift Justice Authorization Act (Apr. 8, 2002)

Memorandum for William J. Haynes II, General Counsel, Department of Defense, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: The President’s Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations (Mar. 13, 2002)

Memorandum for William J. Haynes II, General Counsel, Department of Defense, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Potential Legal Constraints Applicable to Interrogations of Persons Captured by U.S. Armed Forces in Afghanistan (Feb. 26, 2002)

Memorandum for Larry D. Thompson, Deputy Attorney General, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Memorandum From Alberto Gonzales to the President on the Application of the Geneva Convention to Al Qaeda and the Taliban (Jan. 26, 2002)  

Memorandum for Alberto R. Gonzales, Counsel to the President, and William J. Haynes II, General Counsel, Department of Defense, from Jay S. Bybee, Assistant Attorney General, Office of General Counsel, Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees (Jan. 22, 2002)

Memorandum for William J. Haynes II, General Counsel, Department of Defense, from John Yoo, Deputy Assistant Attorney General, Re: Possible Criminal Charges Against American Citizen Who Was a Member of the al Qaeda Terrorist Organization or the Taliban Militia (Dec. 21, 2001)

Memorandum for Alberto R. Gonzales, Counsel to the President, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Re: Treaties and Laws Applicable to the Conflict in Afghanistan and to the Treatment of Persons Captured by U.S. Armed Forces in that Conflict (Nov. 30, 2001)

Memorandum for John Bellinger, III, Senior Associate Counsel to the President and Legal Adviser to the National Security Council, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Re: Authority of the President to Suspend Certain Provisions of the ABM Treaty (Nov. 15, 2001)

Memorandum for the Attorney General from John C. Yoo, Deputy Assistant Attorney General (Nov. 2, 2001)

Memorandum for Alberto R. Gonzales, Counsel to the President, and William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States (Oct. 23, 2001)

Memorandum for David S. Kris, Associate Deputy Attorney General, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the “Purpose” Standard for Searches (Sept. 25, 2001)

Memorandum for Stephen R. Colgate, Assistant Attorney General for Administration, and Gerald E. McDowell, Chief, Asset Forfeiture and Money Laundering Section, from Randolph D. Moss, Assistant Attorney General, Office of Legal Counsel, Re: Payment of Awards in Excess of $250,000 from the Department of Justice Assets Forfeiture Fund (Oct. 18, 2000)

Memorandum for William P. Marshall, Deputy Counsel to the President, from Randolph D. Moss, Assistant Attorney General, Office of Legal Counsel, Re: Application of the Coreligionists Exemption in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-1(a), to Religious Organizations that Would Directly Receive Substance Abuse and Mental Health Services Administration Funds Pursuant to Section 704 of H.R. 4923, the “Community Renewal and New Markets Act of 2000” (Oct. 12, 2000)

Memorandum for Steven Garfinkel, Director, Information Security Oversight Office, from Randolph D. Moss, Acting Assistant Attorney General, Office of Legal Counsel, Re: ISCAP Jurisdiction Over Classification Decisions by the Director of Central Intelligence Regarding Intelligence Sources and Methods (Oct. 5, 1999)

Memorandum for the Heads of All Executive Departments and Agencies from the Attorney General, Re: Anti-Lobbying Act Guidelines (April 18, 1995)

Memorandum for Michael Vatis, Deputy Director, Executive Office for National Security, from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, Re: Standards for Searches Under Foreign Intelligence Surveillance Act (Feb. 14, 1995)

Memorandum for Neil Eggleston, Associate Counsel to the President, from Walter Dellinger, Assistant Attorney General, Office of Legal Counse, Re: Appointment of an Acting Staff Director of the United States Commission on Civil Rights (Jan 13, 1994)

Memorandum for Alan J. Kreczko, Special Assistant to the President and Legal Advisor, National Security Council, from Walter Dellinger, Acting Assistant Attorney General, Office of Legal Counsel, Re: Status of NSC as an “Agency” Under FOIA (Sept. 20, 1993)

Memorandum for Stuart M. Gerson, Acting Attorney General, from Daniel L. Koffsky, Acting Assistant Attorney General, Office of Legal Counsel, Re: Removal of the Director of the Federal Bureau of Investigation (Jan 26, 1993)

Memorandum for Michael Boudin, Deputy Assistant Attorney General, Antitrust Division, from J. Michael Luttig, Assistant Attorney General, Office of Legal Counsel, Re: Application of 18 U.S.C. § 207(a) to Pardon Recommendation Made by Former Prosecutor (Oct. 17, 1990)

Memorandum for C. Boyden Gray, Counsel to the President, from William P. Barr, Assistant Attorney General, Office of Legal Counsel, Re: Transportation for Spouses of Cabinet Members (Apr. 4, 1990)

* Memorandum for C. Boyden Gray, Counsel to the President, from J. Michael Luttig, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Congressional Access to Presidential Communications (Dec. 21, 1989)

Memorandum for Dick Thornburgh, Attorney General, from Douglas W. Kmiec, Assistant Attorney General, Office of Legal Counsel, Re: Acceptance of Gifts and Awards by the Attorney General (Nov. 4, 1988)

Memorandum for James H. Thessin, Assistant Legal Adviser for Management, United States Department of State, from John O. McGinnis, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Application of the Emoluments Clause to a Civilian Aide to the Secretary of the Army (Aug. 29, 1988)

Memorandum for the Attorney General from Charles J. Cooper, Assistant Attorney General, Office of Legal Counsel, Re: Acceptance and Reporting of Travel Reimbursement (Mar. 2, 1988)

Memorandum for the Solicitor of the Interior from Samuel A. Alito, Jr., Deputy Assistant Attorney General, Office of Legal Counsel,  Re: Scope of the Term “Particular Matter” Under 18 U.S.C. 208 (Jan 12, 1987)

Memorandum for H. Gerald Staub, Office of Chief Counsel, National Aeronautics and Space Administration, from Samuel A. Alito, Jr., Deputy Assistant Attorney General, Office of Legal Counsel, Re: Emoluments Clause Questions Raised by NASA Scientist’s Proposed Consulting Arrangement with the University of New South Wales (May 23, 1986)

Memorandum for the Attorney General from Charles J. Cooper, Assistant Attorney General, Office of Legal Counsel, Re: Acceptance of Gifts and Awards by Department of Justice Officials (Mar. 13, 1986)

* Memorandum for the Deputy Attorney General from Robert B. Shanks, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Refusals by Executive Branch to Provide Documents From Open Criminal Investigative Files to Congress (Oct. 30, 1984)

Memorandum for Davis R. Robinson, Legal Adviser, Department of State, from Larry L. Simms, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Revised Proposed International Traffic in Arms Regulations (ITAR) (July 5, 1984)

Memorandum for the Files from Ralph W. Tarr, Office of Legal Counsel, Re: Presidential Signing of Bankruptcy Extension Act (June 13, 1984)

Memorandum for Fred F. Fielding, Counsel to the President, from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, Re: Increased Congressional Powers in the Realm of United States Foreign Policy Since the Vietnam War (Mar. 23, 1984)

Memorandum for William H. Taft, IV, Deputy Secretary of Defense, from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, Re: Effect of INS v. Chadha on 44 U.S.C. § 501, “Public Printing and Documents” (Mar. 2, 1984)

Memorandum for Fred F. Fielding, Counsel to the President, from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, Re: Application of 18 U.S.C. § 603 to Federal Employee Contributions to the President’s Authorized Re-election Campaign Committee (Feb. 6, 1984)

Memorandum for the Files from Ralph W. Tarr, Office of Legal Counsel, Re: Legislative Veto Provision Contained in Section 204(e) of FLPMA (Sept. 12, 1983)

Memorandum for William P. Tyson, Director, Executive Office for United States Attorneys, from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, Re: Applicability of 10 U.S.C. § 973(b) to JAG Officers Assigned to Prosecute Petty Offenses Committed on Military Reservations (May 17, 1983)

Letter for Walter T. Skallerup, Jr., General Counsel, Department of the Navy, from Robert B. Shanks, Deputy Assistant Attorney General, Office of Legal Counsel (Mar. 17, 1983) (regarding “whether a scientist employed by the Naval Research Laboratory may accept an ‘award’ . . . from the German Alexander von Humboldt Foundation”)

Memorandum to David B. Waller, Senior Associate Counsel to the President, from Robert B. Shanks, Deputy Assistant Attorney General, Office of Legal Counsel. Re: Appointment of Member of President’s Family to Presidential Advisory Committee on Private Sector Initiatives (Feb. 28, 1983)

Memorandum for Edward C. Schmults, Deputy Attorney General, from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel (July 29, 1982)

Memorandum for Rudolph W. Giuliani, Associate Attorney General, from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, Re: Congressional Demand for Deposition of Counsel to the President Fred F. Fielding (July 23, 1982)

Memorandum for the Associate Attorney General from Larry L. Simms, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Status of Guantanamo Bay (October 27, 1981)

Memorandum for the Attorney General from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, Re: Constitutional Issues Raised by Provisions Removing or Limiting Federal Court Jurisdiction in Abortion, School Prayer, Busing and Draft Registration Bills (July 16, 1981)

Memorandum for Fred F. Fielding, Counsel to the President, from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, Re: Congressional Testimony by Presidential Assistants (April 14, 1981)

Memorandum for Allie B. Latimer, General Counsel, General Services Administration, from John M. Harmon, Assistant Attorney General, Office of Legal Counsel (Jan. 13, 1981) (regarding “the legality of proposed procedures for the disposition of transcripts of telephone conversations of former Secretary of State Henry A. Kissinger”)

Memorandum for John G. Gaine, General Counsel, Commodity Futures Trading Commission, from Leon Ulman, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Expense Reimbursement in Connection with Chairman Stone’s Trip to Indonesia (Aug. 11, 1980)

Memorandum for the Attorney General from John M. Harmon, Assistant Attorney General, Office of Legal Counsel, Re: CETA Programs in Religiously-Affiliated Schools (May 15, 1979)

Memorandum for Cono Namorato, Deputy Assistant Attorney General, Tax Division, and Quinlan J. Shea, Jr., Director, Office of Privacy and Information Appeals, Re: The Attorney –Client Relationship in Department of Justice Representation of Individual Employees and Release of Information Obtained During that Representation Under the Freedom of Information Act (Aug. 30, 1978)

Memorandum for Frank Press, Science Advisor to the President, from John M. Harmon, Assistant Attorney General, Office of Legal Counsel, Re: Constitutionality Under the First Amendment of ITAR Restrictions on Public Cryptography (May 11, 1978)

Letter for Allie B. Latimer, General Counsel, General Services Administration, from John M. Harmon, Assistant Attorney General, Office of Legal Counsel (Feb. 8, 1978) (regarding “the applicability of the Foreign Gifts and Decorations Act . . . to certain gifts received by. . . the daughters of former President Richard M. Nixon)

Memorandum for Robert J. Lipshutz, Counsel to the President, from John M. Harmon, Assistant Attorney General, Office of Legal Counsel, Re: Constitutionality of Extending the Time Period for Ratification of the Proposed Equal Rights Amendment (October 31, 1977)

Memorandum for Michael Cardozo, Senior Associate Counsel to the President, from Mary C. Lawton, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Furnishing of FBI Report on Bert Lance to the New York Times (Sept. 13, 1977)

Memorandum for Margaret McKenna, Deputy Counsel to the President, from John M. Harmon, Assistant Attorney General, Office of Legal Counsel, Re: Dual-Purpose Presidential Advisers (Aug. 11, 1977)

Memorandum for All Heads of Offices, Divisions, Bureaus and Boards of the Department of Justice, from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, Re: Executive Privilege (May 23, 1977)

Memorandum for James R. Schlesinger, Assistant to the President, from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel (May 12, 1977) (discussing “several legal issues” regarding international agreements)

Memorandum for Robert J. Lipshutz, Counsel to the President, from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, Re: Chinese Government’s Assumption of Expenses of U.S. Delegation (Apr. 11, 1977)

Memorandum for the Attorney General from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, Re: Employment of Relatives Who Will Serve Without Compensation (Mar 23, 1977)

Memorandum for Robert H. Lipshutz, Counsel to the President, from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, Re: The Appointment of the President’s Son to a Position on the White House Staff (Mar 15, 1977)

Memorandum for Douglas B. Huron, Associate Counsel to the President, from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, Re: Possible Appointment of Mrs. Carter as Chairman of the Commission on Mental Health (Feb. 18, 1977)

Memorandum for the Deputy Attorney General from Antonin Scalia, Assistant Attorney General, Office of Legal Counsel, Re: Disclosure of Confidential Information Received by U.S. Attorney in the Course of Representing a Federal Employee (Nov. 30, 1976)

Memorandum for the Attorney General from Antonin Scalia, Assistant Attorney General, Office of Legal Counsel, Re: J. Edgar Hoover Memorabilia (Nov. 15, 1976)

Memorandum for Kenneth A. Lazarus, from Leon Ulman, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Proposed Appointment of Chairman of the President’s Committee on Science and Technology (July 12, 1976)

Memorandum for Peter Powers, General Counsel, Smithsonian Institution, from Leon Ulman, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Coverage of the Smithsonian Institution by Certain Federal Statutes (Feb. 19. 1976)

Memorandum for Leonard F. Chapman, Jr., Commissioner, INS, Henry S. Dogin, Acting Administrator, DEA, Clarence M. Kelley, Director, FBI, and Richard W. Velde, Administrator, LEAA, from Antonin Scalia, Assistant Attorney General, Office of Legal Counsel, Re: International Agreements by the Justice Department (June 10, 1975)

Letter for James T. Lynn, Director, Office of Management and Budget, from Antonin Scalia, Assistant Attorney General, Office of Legal Counsel (Apr. 14, 1975) (providing “views on several issues arising under the Privacy Act of 1974”)

Memorandum for Glen E. Pommerening, Assistant Attorney General for Administration, from Antonin Scalia, Assistant Attorney General, Office of Legal Counsel, Re: Establishing a Maximum Entry Age Limit for Law Enforcement Officer Positions in the Department of Justice (Apr. 3, 1975)

Letter for Phillip E. Areeda, Counsel to the President, from Antonin Scalia, Assistant Attorney General, Office of Legal Counsel (Sept. 25, 1974)

Memorandum for Dudley Chapman, Associate Counsel to the President, from Leon Ulman, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Proposed Waiver Request (July 10, 1974)

Memorandum for Dudley H. Chapman, Associate Counsel to the President, from Robert G. Dixon, Jr., Assistant Attorney General, Office of Legal Counsel, Re: Appointment of a Foreign National to the National Voluntary Service Advisory Coun[ci]l (May 10, 1974)

Memorandum for Dudley H. Chapman, Associate Counsel to the President, from Robert G. Dixon, Jr., Assistant Attorney General, Office of Legal Counsel, Re: Conditional Gifts to the President from Anonymous Donors (Apr. 26, 1974)

Legal Aspects of Impeachment: An Overview, from Office of Legal Counsel (including Appendices) (Feb. 1974)

Memorandum Re: Presidential Amenability to Judicial Subpoenas (June 25, 1973)

Memorandum for John W. Dean III, Counsel to the President, from Roger C. Cramton, Assistant Attorney General, Office of Legal Counsel, Re: Application of the Freedom of Information Act to Certain Entities Within the Executive Office of the President (Jan. 30, 1973)

Memorandum for John W. Dean III, Counsel to the President, from Roger C. Cramton, Assistant Attorney General, Office of Legal Counsel, Re: Availability of Executive Privilege Where Congressional Committee Seeks Testimony of Former White House Official on Advice Given President on Official Matters (Dec. 21, 1972)

Memorandum for John W. Dean III, Counsel to the President, from Roger C. Cramton, Assistant Attorney General, Office of Legal Counsel, Re: Applicability to President of Restriction on Employment of Relatives (Nov. 14, 1972)

Memorandum for John W. Dean III, Counsel to the President, from Ralph E. Erickson, Assistant Attorney General, Office of Legal Counsel, Re: Appearance of Presidential Assistant Peter M. Flanigan Before a Congressional Committee (Mar. 15, 1972)

* Memorandum for William H. Rehnquist, Assistant Attorney General, Office of Legal Counsel, from Herman Marcuse, Attorney-Adviser, Office of Legal Counsel, Re: Micronesian Negotiations (Aug. 13, 1971)

Memorandum for John D. Ehrlichman, Assistant to the President for Domestic Affairs, from William H. Rehnquist, Assistant Attorney General, Office of Legal Counsel, Re: Power of Congressional Committee to Compel Appearance or Testimony of “White House Staff” (Feb. 5, 1971)

Memorandum for Harlington Wood, Jr., Associate Deputy Attorney General, from William H. Rehnquist, Assistant Attorney General, Office of Legal Counsel, Re: Delay in Induction of Judge into Office Following His Confirmation by the Senate (Nov. 27, 1970)

* Memorandum for Edward L. Morgan, Deputy Counsel to the President, from Thomas E. Kauper, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Proposed Letter From Secretary of the Army Resor to Chairman Rivers re Submission of Open CID Investigative Files (Dec. 19, 1969)

Letter for Joseph F. Hennessey, General Counsel, Atomic Energy Commission, from William H. Rehnquist, Assistant Attorney General, Office of Legal Counsel (Sept. 29, 1969) (regarding “the propriety of employees of the Atomic Energy Commission receiving monetary payments directly from the Government of India in” certain circumstances)

Memorandum for the Files from William H. Rehnquist, Assistant Attorney General, Office of Legal Counsel, Re: Conflict of Interest Statute; Discussion with Chairman Budge of SEC (July 28, 1969)

Memorandum for Egil Krogh, Staff Assistant to the Counsel to the President, from William H. Rehnquist, Assistant Attorney General, Office of Legal Counsel, Re: Closing of Government Offices in Memory of Former President Eisenhower (Apr. 1, 1969)

Letter for John D. Ehrlichman, Counsel to the President, from William H. Rehnquist, Assistant Attorney General, Office of Legal Counsel (Mar. 20, 1969) (regarding “possible delegation by the President of his authority to sign documents”) 

Letter for Joseph W. Bartlett, Acting Director, Office of Foreign Direct Investments, Department of Commerce, from Frank M. Wozencraft, Assistant Attorney General, Office of Legal Counsel (April 10, 1968)

* Memorandum Re: Power of the United States to Conclude With the Commonwealth of Puerto Rico a Compact Which Could Be Modified Only by Mutual Consent (July 23, 1963)

Memorandum for McGeorge Bundy, Special Assistant to the President, from Norbert A. Schlei, Assistant Attorney General, Office of Legal Counsel, Re: Proposal that the President Accept Honorary Irish Citizenship (May 10, 1963)

Memorandum for Andrew F. Gehmann, Executive Assistant, Office of the Attorney General, from Norbert A. Schlei, Assistant Attorney General, Office of Legal Counsel, Re: Invitation by Italian Government to Officials of the Immigration and Naturalization Service and a Member of the White House Staff, and Their Wives, to be Guests of the Italian Government, All Expenses, Including Travel, to be Borne by that Government (Oct. 16, 1962)

Memorandum for Gerald D. Morgan, Special Counsel to the President, from Malcolm R. Wilkey, Assistant Attorney General, Office of Legal Counsel, Re: Responsibility of the President to Sign Bills Passed by the House and the Senate (Aug. 19, 1958)

Memorandum for the Files, Re: Historical Survey Regarding Gifts from Foreign Monarchs and Governments to Government Officers (Feb. 18, 1958)

Memorandum for the Attorney General from W. Wilson White, Assistant Attorney General, Office of Legal Counsel, Re: Appointees to the Civil Rights Commission and Possible Conflicts of Interest (Oct. 15, 1957)

Memorandum for S.A. Andretta, Administrative Assistant Attorney General, from J. Lee Rankin, Assistant Attorney General, Office of Legal Counsel, Re: Payment of Compensation to Individuals in Receipt of Compensation from a Foreign Government (Mr. Richard E. Newkirk, OAP) (Oct. 4, 1954)

Memorandum for the Attorney General from J. Lee Rankin, Assistant Attorney General, Office of Legal Counsel, Re: Membership of Judge Parker on the International Law Commission (Nov. 27, 1953)

Memorandum Re: The Constitutional Prohibition Against Acceptance of Gifts from Foreign Potentates (Sept. 23, 1952)

Letter for the Secretary of Commerce, from the Attorney General (Apr. 17, 1947) (“regarding the propriety of placing certain employees of the [National] Weather Bureau on a leave-without-pay status and detailing them to serve as expert meteorologists for the Government of Eire [Ireland]”)

Administrative and Miscellaneous Documents:

FOIA Log processed on Septmber 10, 2019

Records related to Executive Order 13769, Part 1

Records related to Executive Order 13769, Part 2

Emails exchanged with Brett Kavanaugh, 2001-2006, Part 1

Emails exchanged with Brett Kavanaugh, 2001-2006, Part 2

Emails exchanged with Brett Kavanaugh, 2001-2006, Part 3

Emails exchanged with Brett Kavanaugh, 2001-2006, Part 4

Memorandum for Attorneys of the Office, from David J. Barron, Acting Assistant Attorney General, Office of Legal Counsel, Re: Best Practices for OLC Legal Advice and Written Opinions (July 16, 2010) (with addendum dated June 9, 2022)

Memorandum for Attorneys of the Office, from David J. Barron, Acting Assistant Attorney General, Office of Legal Counsel, Re: Best Practices for OLC Legal Advice and Written Opinions (July 16, 2010)

Memorandum for Attorneys of the Office, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Best Practices for OLC Opinions (May 16, 2005)

**  Lists of OLC Opinions 1998-April 2019

Best Effort List of Legal Advice Documents from OLC and its predecessor entities, 1945 - February 15, 1994

** Table of Contents for OLC's Classified Daybooks, 1974 - June, 2022


 

* Due to public interest in this matter, the Department of Justice is releasing these documents in the format in which they are currently available. The Department recognizes that some of these documents are not in an accessible format. If you have a disability and the format of any material on the site interferes with your ability to access the information, please email the Department of Justice webmaster. To enable us to respond in a manner that will be of most assistance to you, please indicate the nature of the accessibility problem, your preferred format (electronic format (ASCII, etc.), standard print, large print, etc.), the web address of the requested material, and your full contact information so we can reach you if questions arise while fulfilling your request. The Department plans to post accessible versions of these documents as soon as they become available.

** These documents have been identified as responsive to FOIA requests and are not intended to be comprehensive lists of all OLC opinions.

Updated May 19, 2023