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Selected Opinions of the Office of Legal Counsel (OLC)
Department of Justice

• Testimonial Immunity Before Congress of the Former Counsel to the President, May 20, 2019
• April 2018 Airstrikes Against Syrian Chemical-Weapons Facilities, May 31, 2018
• Presidential Authority to Protect National Security Information, January 27, 2003
• Review of the Legality of the STELLAR WIND Program (Redacted), May 6, 2004
• Applicability of Federal Criminal Laws and the Constitution to Contemplated Lethal Operations Against Shaykh Anwar al-Aulaqi (Redacted), July 16, 2010, released in response to FOIA lawsuit by NYTimes and ACLU, June 23, 2014.
• Applicability of the FISA's Notification Provision to Security Clearance Adjudications (June 3, 2011) holding that a person whose security clearance is revoked using information from a FISA intercept generatlly is entitled to notice concerning that information, except when it is privileged.
• Authority to Use Military Force (April 1, 2011) concluding that "the President had the constitutional authority to direct the use of military force in Libya because he could reasonably determine that such use of force was in the national interest. Prior congressional approval was not constitutionally required to use military force in the limited operations under consideration."

Various

• Withdrawal of Office of Legal Counsel Opinion, June 11, 2009
• Withdrawal of Office of Legal Counsel CIA Interrogation Opinions, April 15, 2009
• Whether the Office of Administration is an "Agency" for Purposes of the Freedom of Information Act, August 21, 2007
• Deployment of United States Armed Forces to Haiti, March 17, 2004
• Assertion of Constitutionally Based Privilege Over Reagan Administration Records, January 12, 2004
• Applicability of Post-Employment Restrictions in 18 U.S.C. 207 to a Former Government Official Representing a Former President or Vice President in Connection with the Presidential Records Act, June 20, 2001

OLC Opinions Disclosed by the Obama Administration, April 16, 2009

• Interrogation of al Qaeda Operative, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, August 1, 2002
• Application of 18 U.S.C. 2340-2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, May 10, 2005
• Application of 18 U.S.C. 2340-2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, May 10, 2005
• Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May Be Used in the Interrogation of High Value al Qaeda Detainees, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, May 30, 2005

OLC Opinions and Memoranda Disclosed by the Obama Administration, March 2, 2009

• Re: Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001, January 15, 2009
• Memorandum Regarding Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the "Purpose" Standard for Searches, September 25, 2001
• Memorandum Regarding Authority for Use of Military Force to Combat Terrorist Activities within the United States, October 23, 2001
• Memorandum Regarding Authority of the President to Suspend Certain Provisions of the ABM Treaty, November 15, 2001
• Memorandum Regarding the President's Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations, March 13, 2002
• Memorandum Regarding Swift Justice Authorization Act, April 8, 2002
• Memorandum Regarding Determination of Enemy Belligerency and Military Detention, June 8, 2002
• Memorandum Regarding Applicability of 18 U.S.C. � 4001(a) to Military Detention of United States Citizens, June 7, 2002
• Memorandum Regarding October 23, 2001 OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities, October 6, 2008

OLC Views the Office of the Vice President, and Related Matters

Eligibility of the President for Civil Service Retirement Benefits, J. Lee Rankin, January 19, 1955

Participation by the Vice President in the Affairs of the Executive Branch, Nicholas deB. Katzenbach, March 9, 1961

Constitutionality of the Vice President's Service as Chairman of the National Aeronautics and Space Council, Nicholas deB. Katzenbach, April 18, 1961

Delegation of Presidential Powers to the Vice President, Nicholas deB. Katzenbach, June 22, 1961

On the Status of Vice Presidential Employees for Tax Purposes, Harold F. Reis, July 24, 1962

Advisory Commission on Intergovernmental Relations, William H. Rehnquist, February 7, 1969

Amenability of the President, Vice President and other Civil Officers to Federal Criminal Prosecution while in Office, Robert G. Dixon, Jr., September 24, 1973

Draft Standards of Conduct for the Office of the Vice President, Robert G. Dixon, Jr., June 13, 1974

Whether Governor Rockefeller, if appointed as Vice President, is required to execute a blind trust in order to avoid possible violation of 18 U.S.C. 208, Robert G. Dixon, Jr., August 20, 1974

Conflict of Interest Problems Arising Out of the President's Nomination of Nelson A. Rockefeller to be Vice President under the Twenty-Fifth Amendment to the Constitution, Laurence H. Silberman, August 28, 1974

More on Conflict of Interest Law and the Nomination of Nelson A. Rockefeller to be Vice President, Laurence H. Silberman, September 20, 1974

Applicability of 3 C.F.R. Part 100 to the President and Vice President, Antonin Scalia, December 16, 1974

Application of the Hatch Act to the Vice President's Staff, John M. Harmon, April 6, 1977

President's Authority to Delegate Functions, January 24, 1980

Payment of Expenses Associated with Travel by the President and Vice President, Theodore B. Olson, March 24, 1982

Whether the Office of the Vice President is an "Agency" for Purposes of the Freedom of Information Act, Walter Dellinger, February 14, 1994

Whether the Office of the Vice President is an "Agency" for Purposes of Executive Order 12958, as amended, Steven G. Bradbury, July 20, 2007

Other

History of Refusals by Executive Branch Officials to Provide Information Demanded by Congress, December 14, 1982

Interpretation of Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act concluding that "existing statutory provisions that prohibit or impose mandatory restrictions on the public release of information are not overridden by section 586," July 18, 2003 (released January 2009)

Status of Presidential Memorandum Addressing the Use of Polygraphs, January 14, 2009

Liability of Contractors in Airbridge Denial Programs, March 1, 2004

Requests for Information Under the Electronic Communications Privacy Act, November 5, 2008

Constitutionality of the OLC Reporting Act of 2008, Attorney General Memorandum to the Senate Majority Leader, November 14, 2008 (released January 2009)

Authority of the President Under Domestic and International Law to Use Military Force Against Iraq, OLC Memorandum to White House Counsel Alberto Gonzales, October 23, 2002 (released January 2009)

Effect of a Recent United Nations Security Council Resolution on the Authority of the President Under International Law to Use Military Force Against Iraq, OLC Memorandum to White House Counsel Alberto Gonzales, November 8, 2002 (released January 2009)

Whether False Statements or Omissions in Iraq's Weapons of Mass Destruction Declaration Would Constitute a "Further Material Breach" Under U.N. Security Council Resolution 1441, OLC Memorandum to Vice Presidential Counsel David S. Addington, December 7, 2002 (released January 2009)

"Protected Person" Status in Occupied Iraq Under the Fourth Geneva Convention, OLC Memorandum to White House Counsel Alberto Gonzales, March 18, 2004 (released January 2009)

Status of Taliban Forces Under Article 4 of the Third Geneva Convention of 1949, OLC Memorandum to White House Counsel Alberto Gonzales, February 7, 2002 (released December 2008)

Legality of the Use of Military Commissions to Try Terrorists, OLC Memorandum to White House Counsel Alberto Gonzales, November 6, 2001 (released December 2008)

Scope of the Definition of "Variola Virus" Under the Intelligence Reform and Terrorism Prevention Act of 2004, Office of Legal Counsel, July 24, 2008

Military Interrogation of Alien Unlawful Combatants Held Outside the United States, Office of Legal Counsel, March 14, 2003

Application of Federal Advisory Committee Act to Non-Governmental Consultations, Justice Department Office of Legal Counsel, December 7, 2001

Status of the Director of Central Intelligence Under the National Security Intelligence Reform Act of 2004, Justice Department Office of Legal Counsel, January 12, 2005 (published January 23, 2006)

The President's Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them, Office of Legal Counsel opinion, September 25, 2001

ISCAP Jurisdiction Over Classification Decisions by the Director of Central Intelligence Regarding Intelligence Sources and Methods, Randolph D. Moss, October 5, 1999

Presidential Authority to Decline to Execute Unconstitutional Statutes, Justice Department Office of Legal Counsel, November 2, 1994

Investigative Authority of the General Accounting Office, August 16, 1988

The President's Compliance with the "Timely Notification" Requirement of Section 501(B) of the National Security Act, December 17, 1986

FOIA Appeal from Denial of Access to FBI COINTELPRO Files Regarding Professor Morris Starsky, November 27, 1974

Executive Authority to Classify Defense Information and Material and to Invoke Sanctions for Disclosure, January 7, 1971

Use of Marshals, Troops, and Other Federal Personnel for Law Enforcement in Mississippi, July 1, 1964

Legal and Practical Consequences of a Blockade of Cuba, October 19, 1962

Criminal Liability for Newspaper Publication of Naval Secrets, June 16, 1942

Trials of Newspaper Personnel Accused of Disclosing Naval Secrets, June 16, 1942

Censorship of Transmission of Trotzky Speech From Mexico, February 8, 1937

Supplemental Opinions of the Office of Legal Counsel, 1934-1974, published July 2013

Sources and Resources

• Office of Legal Counsel, official web site
• DoJ Opposes Lawsuit to Compel Publication of All "Binding" OLC Opinions, memorandum in support of motion to dismiss, November 13, 2013
• Confirmation Hearing for Virginia A. Seitz to be OLC Director, Senate Judiciary Committee, March 30, 2011
• Office of Legal Counsel Budget Justification for FY 2011, May 2010
• Office of Legal Counsel Budget Justification for FY 2010, May 2009
• Department of Justice's Office of Legal Counsel, hearing before the House Judiciary Committee, February 14, 2008
• Best Practices for OLC Opinions, Memorandum for Attorneys of the Office from Steven G. Bradbury, May 16, 2005