Office of Legal Counsel
About the Office
By delegation from the Attorney General, the Assistant Attorney General in charge of the Office of Legal Counsel provides legal advice to the President and all executive branch agencies. The Office drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice. Such requests typically deal with legal issues of particular complexity and importance or those about which two or more agencies are in disagreement. The Office is also responsible for reviewing and commenting on the constitutionality of pending legislation.
All executive orders and substantive proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President’s formal approval.
In addition to serving as, in effect, outside counsel for the other agencies of the Executive Branch, the Office of Legal Counsel plays a special role within the Department itself. It reviews all proposed orders of the Attorney General and regulations requiring the Attorney General’s approval. It also performs a variety of special assignments referred by the Attorney General or the Deputy Attorney General.
The Office of Legal Counsel is not authorized to give legal advice to private persons.
General Information
Contact
Office of Legal Counsel
202-514-2051
New from OLC
January 17, 2025:
- The Test for Determining “Officer” Status Under the Appointments Clause (January 16, 2025)
- Designation of Homeland Security Investigations (“HSI”) Special Agents and State and Local Officers Serving on HSI Task Forces to Assist with Controlled Substances Act Investigations (January 15, 2025)
Volumes 41, 42, 43, and 44 of Op. O.L.C.—covering the years 2017, 2018, 2019, and 2020, respectively, and soon to be printed and bound—are available on the Opinions by Volume page.
The individual opinions from these four volumes, as they will soon appear in print, are available on the Opinions by Date and Title page. Volume 41 comprises eight items previously published online in slip form. Volume 42 comprises ten items previously published online in slip form. Volume 43 comprises seventeen items previously published online in slip form. Volume 44 comprises eight items previously published online in slip form, as well as the following five items not previously published online:
- Transmission of Electoral-College Certificates by “Registered Mail”, 44 Op. O.L.C. 138 (February 27, 2020)
- Authority to Recover Travel Payments Made in Violation of Federal Regulations, 44 Op. O.L.C. 155 (July 16, 2020)
- Use or Disclosure of E-mails Hacked by a Foreign Adversary, 44 Op. O.L.C. 175 (August 28, 2020)
- The Logan Act, 44 Op. O.L.C. 258 (December 18, 2020)
- Unauthorized Disclosures About Prosecutorial Decision-Making and the Whistleblower Protection Act, 44 Op. O.L.C. 309 (December 23, 2020)
December 31, 2024:
- Whether Congress May Use Inherent Contempt to Punish Executive Branch Officials Who Withhold Subpoenaed Materials Based on a Presidential Assertion of Executive Privilege (December 20, 2024)
- Assertion of Executive Privilege Over Audio Recordings of the Special Counsel’s Interviews of the President and His Ghostwriter (May 15, 2024)
December 9, 2024:
- Validity of Congressional Subpoena That Would Prevent the Secretary of State from Fulfilling the President’s Directive to Represent the United States at a Major Diplomatic Event (September 23, 2024)
November 14, 2024:
- Application of the Randolph-Sheppard Act to the United States Mint (September 9, 2024)
- Allocation of Settlement Proceeds to the National Credit Union Administration (June 27, 2024)
September 6, 2024:
- The Equal Employment Opportunity Commission’s Use of the Collateral Source Rule in Federal Sector Discrimination Cases (Aug. 12, 2024)
June 4, 2024:
May 16, 2024:
- Questions Related to the Potential Rescheduling of Marijuana (April 11, 2024)
April 16, 2024:
- Whether the United States Postal Service Bears Responsibility for the Cost of Certain Civil Service Retirement Benefits Paid to Its Employees (March 26, 2024)
April 5, 2024:
- Treasury’s Cash Balance and the August 1, 2021 Debt Limit (July 8, 2021)
December 1, 2023:
- Application of the Statutory Pay Cap on Administratively Determined Pay in 5 U.S.C. § 5373 to the National Science Foundation (November 29, 2023)
February 10, 2023:
January 3, 2023:
- Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions (December 23, 2022)
November 2, 2022:
The following opinion has been published:
- Application of the Anti-Terrorism Act of 1987 to Diplomatic Visit of Palestinian Delegation (October 28, 2022)
October 28, 2022:
The following opinion has been published:
- Federal Vacancies Reform Act’s Application to a Vacancy for Which Prior Presidents Submitted Multiple Nominations (October 21, 2022)
October 20, 2022:
The following opinions have been published:
- Authority of the Department of Defense to Use Appropriations for Travel by Service Members and Dependents to Obtain Abortions (October 3, 2022)
- Application of the Hyde Amendment to the Provision of Transportation for Women Seeking Abortions (September 27, 2022)
September 22, 2022:
The following opinion has been published:
- Intergovernmental Immunity for the Department of Veterans Affairs and Its Employees When Providing Certain Abortion Services (September 21, 2022)
August 30, 2022:
The following opinion has been published:
August 24, 2022:
The following opinion has been published:
August 23, 2022:
The following opinion has been published:
- Application of the Assimilative Crimes Act to Conduct of Federal Employees Authorized by Federal Law (Aug. 12, 2022)
January 26, 2022:
The following opinion has been published: