Opinions

Opinions

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Title Headnotes
Assertion of Constitutionally Based Privilege Over Reagan Administration Records

It is legally permissible for President Bush to assert constitutionally based privilege in concurrence with former President Reagan’s assertion of constitutionally based privilege over certain Reagan Administration documents that are otherwise required to be released by the National Archives and Records Administration under the Presidential Records Act.

Status of the Foreign Claims Settlement Commission

The Foreign Claims Settlement Commission is subject to the Attorney General’s direction in administrative matters, except where that direction would interfere with the Commission’s independence in adjudicating claims.

Liability of Contractors in Airbridge Denial Programs

A contractor ordinarily will not be criminally liable for assisting in certain foreign government programs for the aerial interdiction of illegal narcotics traffic.

Apportionment of False Claims Act Recoveries to Agencies

Whether an agency’s revolving fund is entitled to receive from a False Claims Act recovery (in addition to single damages equal to the actual amount of the payment made as a result of the false claim) pre-judgment or pre-settlement interest on that payment and investigative and administrative costs attributable to the false claim depends on whether the fund is authorized to borrow money at interest, earn interest on its own investments, and pay its own investigative and administrative expenses.

Deployment of United States Armed Forces to Haiti

The President has authority to order the deployment of the armed forces to Haiti in order to protect American citizens there.

The deployment is consistent with the War Powers Resolution.

“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.

Status of National Veterans Business Development Corporation

The National Veterans Business Development Corporation is a “Government corporation” under 5 U.S.C. § 103 and an “agency” under 31 U.S.C. § 9102.

Mechanisms for Funding Intelligence Centers

Agencies may use the Economy Act to pay for facilities and services provided by the Terrorist Threat Integration Center and the Terrorist Screening Center.

It is within the reasonable discretion of fiscal officers to compute the “actual cost” to be charged for those facilities and services.

Authority of Agency Officials to Prohibit Employees From Providing Information to Congress

Consistent with longstanding Executive Branch positions, Department of Health and Human Services officials have the authority to prohibit officers or employees of the Department from providing information to Congress.

Application of 18 U.S.C. § 207(f) to a Former Senior Employee

Title 18, section 207(f) of the U.S. Code prohibits a former senior employee of an executive branch department from representing a foreign entity before members of Congress within one year of the termination of his employment.

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