ASSERTION OF EXECUTIVE PRIVILEGE WITH RESPECT TO PROSECUTORIAL DOCUMENTS
executiveprivilege.htm
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Executive privilege may properly be asserted in response to a congressional subpoena seeking prosecutorial decisionmaking documents of the Department of Justice.
December 10, 2001 |
APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT TO NON-GOVERNMENTAL CONSULTATIONS
faca_militarycommissions.pdf |
The Federal Advisory Committee Act does not apply to the consultations that the Department of Defense plans to conduct with various individuals from outside the government regarding the policies and procedures that DOD is developing for military commissions.
December 7, 2001 |
APPLICATION OF PRIVACY ACT CONGRESSIONAL-DISCLOSURE EXCEPTION TO DISCLOSURES TO RANKING MINORITY MEMBERS
privacy_act_opinion.pdf |
The congressional-disclosure exception to the disclosure prohibition of the Privacy Act generally does not apply to disclosures to committee ranking minority members.
December 5, 2001 |
CONSTITUTIONAL ISSUES RAISED BY COMMERCE, JUSTICE AND STATE APPROPRIATIONS BILL
cjsflanigan.pdf
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A provision prohibiting the use of appropriated funds for United Nations peacekeeping missions involving the use of United States Armed Forces under the command of a foreign national unconstitutionally constrains the President's authority as Commander in Chief and his authority over foreign affairs.
A provision prohibiting the use of appropriated funds for cooperation with, assistance to, or other support for the International Criminal Court would be unconstitutional insofar as it would prohibit the President from providing support and assistance to the ICC under any and all circumstances, but it can be applied in a manner consistent with the President's constitutional authority in the area of foreign affairs.
November 28, 2001 |
AUTHORITY OF THE DEPUTY ATTORNEY GENERAL UNDER EXECUTIVE ORDER 12333
25.htm
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The Deputy Attorney General has authority to approve searches for intelligence purposes that are conducted under section 2.5 of Executive Order 12333.
November 5, 2001 |
APPLICATION OF 18 U.S.C. § 208 TO TRUSTEES OF PRIVATE TRUSTS
section208trustee.htm
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Although a trustee of a private trust, solely by virtue of his capacity as a trustee, should not be deemed to have a personal financial interest in the property of the trust, a trustee of a private trust may have such an interest under certain circumstances. Further, a trustee of a private trust also should be considered to be serving in the capacity of a "trustee" of an "organization" for purposes of 18 U.S.C. § 208(a).
November 2, 2001 |
DURATION OF THE TERM OF A MEMBER OF THE CIVIL RIGHTS COMMISSION
crcterm.htm
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A member of the Civil Rights Commission, appointed when a predecessor died before the end of his term, serves only the remainder of her predecessor’s term.
October 31, 2001 |
DISCLOSURE OF CONFLICTS OF INTEREST OF MEMBERS OF FDA ADVISORY PANELS
fda-op.pdf |
Special government employees who serve as members of a Food and Drug Administration advisory panel and who seek waivers of conflicts of interest must publicly disclose any conflicts of interest they may have that relates to the work to be undertaken by the panel. The FDA may not waive a panel member’s conflict until the panel member makes the public disclosure.
The FDA has considerable discretion to determine how detailed the panel member’s disclosure must be, so long as such disclosure is adequate to inform the public of the nature and magnitude of the conflict.
October 5, 2001 |
CHECKING NAMES OF PROHIBITED PERSONS AGAINST RECORDS IN THE NICS AUDIT LOG CONCERNING ALLOWED TRANSFERS
nicswatchlist31.htm
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The Federal Bureau of Investigation may check whether names of individuals known to be prohibited from purchasing a firearm under 18 U.S.C. § 922(g)(5) appear in records concerning allowed transfers in the audit log of the National Instant Criminal Background Check System in the course of auditing the performance of the NICS, and may share the results of such searches with the Bureau of Alcohol, Tobacco, and Firearms.
October 1, 2001 |
THE PRESIDENT'S CONSTITUTIONAL AUTHORITY TO CONDUCT MILITARY OPERATIONS AGAINST TERRORISTS AND NATIONS SUPPORTING THEM
warpowers925
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The President has broad constitutional power to take military action in response to the terrorist attacks on the United States on September 11, 2001. Congress has acknowledged this inherent executive power in both the War Powers Resolution and the Joint Resolution passed by Congress on September 14, 2001.
The President has constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations.
The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11.
September 25, 2001 |
POST-EMPLOYMENT RESTRICTION OF 12 U.S.C. § 1812(e)
otspost2.pdf |
A Director of the Office of Thrift Supervision who resigns at the President's request is not subject to the two-year restriction, under 12 U.S.C. § 1812(e), against working for an insured depository institution or a depository institution holding company.
September 4, 2001 |
PRESIDENT’S AUTHORITY TO MAKE A RECESS APPOINTMENT TO THE NATIONAL LABOR RELATIONS BOARD
nlrbrecess.htm
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The President may make a recess appointment to the National Labor Relations Board of a person whose term as a Senate-confirmed member expired during the current recess of the Senate.
August 31, 2001 |
PRESIDENT'S AUTHORITY TO REMOVE THE CHAIRMAN OF THE CONSUMER PRODUCT SAFETY COMMISSION
cpscchairmanremoval.htm
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The Chairman of the Consumer Product Safety Commission serves at the pleasure of the President and the President has the constitutional authority to remove her for any reason.
Upon her removal, the Chairman will still continue to serve as a Commissioner, and, under, 15 U.S.C. § 2053(d), the Vice-Chairman of the Commission will assume the post of Chairman.
July 31, 2001 |
CONSTITUTIONALITY OF THE ROHRABACHER AMENDMENT
72501op.pdf
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The Rohrabacher Amendment, which imposes a funding restriction on the Justice Department’s ability to litigate matters relating to the Treaty of Peace with Japan, violates established separation of powers principles and, therefore, is unconstitutional.
July 25, 2001 |
WHETHER PHYSICIAN-ASSISTED SUICIDE SERVES A “LEGITIMATE MEDICAL PURPOSE” UNDER DRUG ENFORCEMENT ADMINISTRATION REGULATIONS
suicide-mem.pdf |
A physician’s assisting in a patients suicide even in a manner permitted by State law, is not a “legitimate medical purpose” within the meaning of a Drug Enforcement Agency regulation, and accordingly dispensing controlled substances for this purpose violates the Controlled Substances Act, which the DEA regulation implements.
June 27, 2001 |
DIRECT AID TO FAITH-BASED ORGANIZATIONS UNDER CHARITABLE CHOICE PROVISIONS OF H.R. 7 THE COMMUNITY SOLUTIONS ACT OF 2001
olc4brs97.htm
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Congress may, consistent with the Establishment Clause, extend the religious exemptions under title VII of the Civil Rights Act of 1964 to faith-based organizations receiving direct payments of federal money under the charitable choice provisions set forth in section 1994A of H.R. 7, the Community Solutions Act of 2001.
The fact that a faith-based organization is organized as a tax-exempt, nonprofit entity under section 501(c)(3) of the Internal Revenue Code does not affect the organization’s ability to invoke the religious exemptions under sections 702(a) and 703(e)(2) of the Civil Rights Act of 1964.
June 25, 2001 |
INDIRECT AID TO FAITH-BASED ORGANIZATIONS UNDER CHARITABLE CHOICE PROVISIONS OF H.R. 7, THE COMMUNITY SOLUTIONS ACT
olc4brs95.htm
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The Establishment Clause of the First Amendment does not necessitate that the charitable choice provisions of H.R. 7, the Community Solutions Act, require faith-based organizations receiving indirect payments of federal money to segregate such funds into an account separate from the organizations' general operating accounts.
June 22, 2001 |
AUTHORITY OF STATE OFFICIALS TO SHARE MOTOR VEHICLE RECORD INFORMATION WITH THE DEPARTMENT OF DEFENSE OR ITS CONTRACTORSM
motor-vehicle-record-info-052401.pdf
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The Drivers’ Privacy Protection Act permits state Department of Motor Vehicles offices to release covered information in motor vehicle records to both the Department of Defense and private entities acting on DoD’s behalf, provided that the records are used for a statutorily approved purpose of DoD, such as military recruitment.
May 24, 2001 |
EMOLUMENTS CLAUSE AND WORLD BANK
smithsonianwb.htm
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An international organization in which the United States participates, such as the International Bank for Reconstruction and Development, is not a "foreign State" under the Emoluments Clause, U.S. Const. art. I, § 9, cl. 8.
May 24, 2001 |
OBLIGATION TO SELL GOVERNORS ISLAND
gov-island-op2.pdf |
The statutory requirement that the Administrator of General Services sell Governors Island at fair market value continues to apply notwithstanding the President’s subsequent reservation of Governors Island as a national monument under the Antiquities Act.
April 24, 2001 |
REGULATION OF AN INMATE'S ACCESS TO THE MEDIA
mediaaccessinmatesop.htm
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So long as the Bureau of Prisons' decision to regulate an inmate's access to the media is reasonably related to the legitimate penological interests articulated in the applicable regulations, the Bureau of Prisons may bar face-to-face interviews or videotaped interviews with an inmate, or place other reasonable conditions and restrictions on such interviews.
April 13, 2001 |
AUTHORITY OF THE PRESIDENT TO REMOVE THE STAFF DIRECTOR OF THE CIVIL RIGHTS COMMISSION AND APPOINT AN ACTING STAFF DIRECTOR
StaffDirector.htm
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The President has the authority to remove the Staff Director of the United States Commission on Civil Rights and to appoint an Acting Staff Director.
March 30, 2001
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APPLICABILITY OF APA NOTICE AND COMMENT PROCEDURES TO REVOCATION OF DELEGATION OF AUTHORITY
censusregrevocationop.htm
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The Secretary of Commerce may revoke a delegation to the Director of the Census without submitting the revocation to the notice and comment procedures of the Administrative Procedure Act, notwithstanding the fact that the Secretary voluntarily elected to follow those procedures in issuing the delegation
February 14, 2001 |
GENERAL SERVICES ADMINISTRATION USE OF GOVERNMENT FUNDS FOR ADVERTISING
gsafinal.htm
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Section 632 of the Treasury, Postal Service, Executive Office of the President, and General Government Appropriations Act of 2000, which prohibits the use of appropriated funds for "publicity or propaganda purposes," does not prohibit the General Services Administration from using appropriated funds to support a reasonable and carefully-controlled advertising campaign that serves the goal of informing other federal agencies about the products and services it offers.
The principles set forth in some opinions of the Comptroller General addressing limitations on advertising by federal agencies beyond the "publicity or propaganda" rider would not prohibit the GSA's advertisements to other agencies.
January 19, 2001 |
INVESTMENT OF FEDERAL TRUST FUNDS FOR CHEYENNE RIVER AND LOWER BRULE SIOUX
siouxtrustop.htm
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Congress intended the term "interest" in Title VI of the Water Resources Development Act of 1999 to have its usual and customary meaning: the coupon rate of the debt obligation.
The universe of "available obligations" under Title VI of the Water Resources Development Act of 1999 includes obligations of government corporations and government-sponsored entities whose charter statutes provide that their obligations are lawful investments for federal trust funds.
The fiduciary duty owed pursuant to a federal trust fund is defined and limited by the terms of the statute creating the trust.
January 19, 2001 |
NOAA CORPS ELIGIBILITY FOR PROFESSIONAL LIABILITY INSURANCE COSTS REIMBURSEMENT
noaaopfin3.htm
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Members of the NOAA Commissioned Corps may constitute qualified employees eligible for professional liability insurance cost reimbursement under federal statute if they otherwise satisfy the statutory definition for "law enforcement officer," "supervisor," or "management official."
January 19, 2001 |
"COMMUNICATIONS" UNDER 18 U.S.C. § 207
207cfinal.htm
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A former high-ranking government official proposed establishing a consulting firm . as a sole proprietorship, a partnership, or a corporation . in which he would be one of a very few employees, or perhaps even the sole employee. If, as hypothesized, the consulting firm prepares a report on behalf of certain clients, which is submitted directly to his former agency by the consulting firm or, with the former official. s knowledge, by his client with the report bearing the consulting firm. s name, and it is expected by the former official that his identity as the author of the report may be commonly known throughout the industry and at his former agency, he would be making a communication prohibited by 18 U.S.C. § 207(c).
January 19, 2001 |
AUTHORITY TO SOLICIT GIFTS
giftsolicitationoge.htm
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The express statutory authority to accept gifts, contained in section 403(b)(1) of the Office of Government Ethics Authorization Act of 1996, includes the implied authority to solicit gifts.
January 19, 2001 |
EFFECT OF THE ALIENAGE RESTRICTION IN THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 ON THE PROVISION OF STAFFORD ACT ASSISTANCE IN THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF MARSHALL ISLANDS
femaopinion011901final.htm
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Congress did not intend the alienage restriction set forth in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to apply extraterritorially. For this reason, the provision of Stafford Act assistance on the Federated States of Micronesia and the Republic of Marshall Islands by the Federal Emergency Management Agency would not violate the PRWORA.
January 19, 2001 |
AUTHORITY OF THE OFFICE OF GOVERNMENT ETHICS TO ISSUE TOUHY REGULATIONS
touhy7final.htm
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OGE may not issue Touhy regulations pursuant to 5 U.S.C. § 301 because OGE is not an "executive department" within the meaning of § 301.
OGE may issue Touhy regulations, insofar as they concern the production of agency records, pursuant to 44 U.S.C. § 3102 of the Federal Records Act.
OGE may issue regulations concerning the appearance of agency employees as witnesses on official matters, pursuant to the implied authority of OGE. s organic statute, 5 U.S.C. app. § 401.
January 18, 2001 |
REIMBURSING TRANSITION-RELATED EXPENSES INCURRED BEFORE THE ADMINISTRATOR OF GENERAL SERVICES ASCERTAINED WHO WERE THE APPARENT SUCCESSFUL CANDIDATES FOR THE OFFICE OF PRESIDENT AND VICE PRESIDENT
reimbursementoftransitioncostsfinal
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The General Services Administration can reimburse the Bush/Cheney transition for legitimate transition-related expenses, as contemplated by the Presidential Transition Act of 1963, that were incurred after the general election on November 7, 2000 but prior to December 14, 2000, when the Administrator of GSA ascertained that George W. Bush and Richard Cheney were the apparent successful candidates for the office of President and Vice President
January 17, 2001 |
