Opinions

Opinions

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Title Headnotes
Application of the Ineligibility Clause

The Ineligibility Clause of the Constitution would not bar the appointment of Representative Bill Richardson to serve as United States Ambassador to the United Nations or of Senator William Cohen to serve as Secretary of Defense.

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.

Validity of Congressional-Executive Agreements That Substantially Modify the United States’ Obligations Under an Existing Treaty

It lies within Congress’s power to authorize the President to modify substantially the United States’ domestic and international legal obligations under a prior treaty, including an arms control treaty, by making an executive agreement with our treaty partners, without Senate advice and consent.

Authority to Exempt Programs Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

The Attorney General may not exempt California’s prenatal care program under § 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 because eligibility for, and the recipient’s share of the cost of benefits provided by, that program are conditioned on the recipient’s income.

Procedural Rights of Undocumented Aliens Interdicted in U.S. Internal Waters

Undocumented aliens seeking to reach the United States aboard a vessel that has reached the internal waters of the United States at the time of interdiction, but who have not come ashore on United States “dry land,” are not entitled to deportation proceedings or other proceedings under the Immigration and Nationality Act.

Apprehension of such aliens in the internal waters of the United States solely for the purpose of interdicting or repulsing their attempt to enter the United States unlawfully does not constitute an “arrest” under section 287(a)(2) of the Immigration and Nationality Act and would not require the institution of exclusion or other proceedings under the Act.

If such aliens are brought ashore on United States dry land, they would acquire the status of “applicants for admission” and would have to be inspected and screened pursuant to section 23S of the Immigration and Nationality Act.

Service on the Board of Directors of Non-Federal Entities by Federal Bureau of Investigation Personnel in Their Official Capacities

Section 208 of title 18 prohibits a Federal Bureau of Investigation employee from serving on the board of directors of an outside organization in his or her official capacity, unless the service is authorized by statute or the employee obtains either a release of fiduciary obligations by the organization or a waiver of the requirements of section 208.

Legal Effectiveness of Congressional Subpoenas Issued After an Adjournment Sine Die of Congress

A congressional subpoena issued after an adjournment sine die of Congress lacks any legal force and effect and does not impose any legal obligation to comply with the subpoena.

UN Draft Declaration on the Rights of Indigenous Groups

The Constitution would not bar the federal government from establishing the kind of govemment-to-govemment relationship it presently maintains with federally recognized Indian tribes with other appropriately constituted indigenous communities within the jurisdiction of the United States.

Eligibility of a Noncitizen Dual National for a Paid Position Within the Department of Justice

The Department of Justice must determine the “dominant, effective” nationality of a noncitizen with dual nationality to determine that person’s eligibility for a paid position in the Department under section 606 of the Treasury, Postal Service, and General Government Appropriations Act, 1997.

Department of Justice Participation on the Internal Revenue Service Undercover Review Committee

Disclosure of tax return information to a Department of Justice attorney serving on the Undercover Review Committee of the Internal Revenue Service is permissible under § 6103 of title 26 of the United States Code as a limited referral for legal advice.

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