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Department of Justice Authority to Represent the Secretary of Housing and Urban Development in Certain Potential Suits

The Department of Justice has statutory authority to represent the Secretary of Housing and Urban Development in suits that may arise from his decision to exercise his authority under the United States Housing Act of 1937 to override certain state civil service protections that would otherwise apply to employees of the Housing Authority of New Orleans.

Authority of the President to Name an Acting Attorney General

The President may designate an Acting Attorney General under the Vacancies Reform Act, even if an officer of the Department of Justice otherwise could act under 28 U.S.C. § 508, which deals with succession to the office of the Attorney General.

Whether the Office of Administration Is an “Agency” for Purposes of the Freedom of Information Act

The Office of Administration, which provides administrative support to entities within the Executive Office of the President, is not an agency for purposes of the Freedom of Information Act.

Applicability of the Presidential Records Act to the White House Usher’s Office

Because the White House Usher’s Office is part of the President’s “immediate staff” or, alternatively, would be “a unit . . . of the Executive Office of the President whose function is to advise and assist the President,” any documentary materials “created or received [by the Office] in the course of conducting activities which relate to or have an effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President” constitute “Presidential records” under the Presidential Records Act, 44 U.S.C. § 2201(2).

Immunity of the Former Counsel to the President From Compelled Congressional Testimony

The former Counsel to the President is immune from compelled congressional testimony about matters that arose during her tenure as Counsel to the President and that relate to her official duties in that capacity and is not required to appear in response to a subpoena to testify about such matters.

Application of the Religious Freedom Restoration Act to the Award of a Grant Pursuant to the Juvenile Justice and Delinquency Prevention Act

The Religious Freedom Restoration Act is reasonably construed to require the Office of Justice Programs to exempt World Vision—a religious organization that has been awarded a grant under the Juvenile Justice and Delinquency Prevention Act—from the religious nondiscrimination provision in 42 U.S.C. § 3789d(c)(1).

Assertion of Executive Privilege Concerning the Dismissal and Replacement of U.S. Attorneys

Executive privilege may properly be asserted over the documents and testimony concerning the dismissal and replacement of U.S. Attorneys that have been subpoenaed by congressional committees.

Application of the Emoluments Clause to a Member of the FBI Director’s Advisory Board

A member of the FBI Director’s Advisory Board does not hold an “Office of Profit or Trust” under the Emoluments Clause of the Constitution.

Constitutionality of the D.C. Voting Rights Act of 2007

S. 1257, a bill to grant the District of Columbia representation in the House of Representatives as well as to provide an additional House seat for Utah, violates the Constitution’s provisions governing the composition and election of the United States Congress.

Eligibility of a Retired Army Officer to Be Appointed Inspector General of the Department of Defense

A retired officer of the Regular Army, not on active duty, is not a “member of the Armed Forces, active or reserve,” under section 8 of the Inspector General Act of 1978 and therefore is not disqualified from being appointed as Inspector General of the Department of Defense.

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