Opinions
Use of Navy Drug-Detecting Dogs by Civilian Postal Inspectors
The Secretary of the Navy retains the discretion under the Posse Comitatus Act and Department of Defense regulations to authorize the United States Postal Inspection Service to use Navy drug-detecting dogs and their handlers to identify postal packages containing illegal narcotics.
Sequestration Exemption for the Resolution Funding Corporation
“Backup” payments made by the Department of the Treasury to cover interest obligations of the Resolution Funding Corporation are not subject to sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.
Seventh Amendment Restrictions on the Assessment of Punitive Damages
The Seventh Amendment does not prohibit federal legislation mandating that a judge assess the amount of punitive damages after a jury determines liability in a products liability case.
Constraints Imposed by 18 U.S.C. § 1913 on Lobbying Efforts
The Anti-Lobbying Act prohibits substantial “grass roots” lobbying campaigns of telegrams, letters, and other private forms of communication designed to encourage members of the public to pressure members of Congress to support Administration or Department legislative or appropriations proposals.
The Anti-Lobbying Act does not prohibit (1) direct communications between Department of Justice officials and Members of Congress and their staffs; (2) public speeches, appearances, and writings; (3) private communications designed to inform the public about Administration positions or to promote those positions, as long as there is no significant expenditure of appropriated funds; (4) the traditional activities of Department components whose duties historically have included communicating the Department’s views to Congress, the media, or the public; or (5) communications or activities unrelated to legislation or appropriations, such as lobbying Congress or the public to support Administration nominees.
Whether the Federal Trade Commission Has Authority to Prosecute Actions for Criminal Contempt
The Federal Trade Commission lacks authority to prosecute actions for criminal contempt, unless the Commission’s attorneys receive special appointments from the Attorney General and become subject to his direction.
Status of the Commission on Railroad Retirement Reform for Purposes of the Applicability of Ethics Laws
The Commission on Railroad Retirement Reform is not an agency in the executive branch for purposes of determining what obligations members of the Commission may have under the laws governing conflicts of interest and financial disclosure.
Because the Commission is not part of the executive branch for these purposes, the Office of Legal Counsel is without authority to advise the Commission regarding the obligations of its members under whatever conflicts laws may apply to them.
Department of Justice Authority Regarding Relocations, Reorganizations, and Consolidations
The provisions of 1989 supplemental appropriations legislation for the Department of Justice did not prohibit the Department from considering or planning for relocations, reorganizations, and consolidations that had not been previously reported to Congress.
Under the same legislation, the Department was also permitted to complete relocations, reorganizations, and consolidations that were begun prior to June 30, 1989.
Compensation of Government Employees for Referring Potential Job Applicants
The provision of monetary awards or administrative leave to government employees who refer potential job candidates for certain difficult-to-fill vacancies in the government is not barred by 18 U.S.C. § 211, which prohibits the receipt of anything of value in consideration for helping a person obtain government employment.
Intrasession Recess Appointments
The President may make appointments under the Recess Appointments Clause dunng an intrasession recess of the Senate that is of substantial length. A 33-day summer recess is of sufficient length to permit the President to make recess appointments.
An officer appointed under the Recess Appointments Clause during an intersession recess may serve until the end of the next session of Congress after the recess.
5 U.S.C. § 5503 does not prohibit salary payments to a recess appointee whose nomination a committee refused to send to the full Senate and whose nomination was not returned to the President prior to an adjournment.
Constitutionality of Proposed Statutory Provision Requiring Prior Congressional Notification for Certain CIA Covert Actions
A proposed statutory provision that would oblige the President to notify Congress of any and all covert actions (other than those for the purpose of intelligence-gathering) to be funded out of the Reserve for Contingencies, regardless of the circumstances, would unconstitutionally infringe upon the President’s constitutional responsibilities, including his duty to safeguard the lives and interests of Americans abroad.