TERM OF THE COMMISSIONER OF INTERNAL REVENUE
irs-commissioner-term-opinion120407.pdf |
Under 26 U.S.C. § 7803 (2000), the five-year term of the Commissioner of Internal Revenue runs from the date of appointment and is not calculated from the expiration of his predecessor’s term.
December 4, 2007 |
APPLICATION OF 18 U.S.C. § 207 TO FORMER CIA OFFICIALS’ COMMUNICATIONS WITH CIA EMPLOYEES ON DETAIL TO OTHER AGENCIES
cia-opinion.pdf |
The prohibition in 18 U.S.C. § 207(c), under which a former high level official, in the year after his departure, may not make “any communication to or appearance before any officer or employee” of his former agency, would apply if former CIA officials make communications to or appearances before CIA employees who are on detail to other agencies.
October 23, 2007 |
RATE OF ACCRUAL OF ANNUAL LEAVE BY A CIVILIAN EMPLOYEE APPOINTED WHILE ON TERMINAL LEAVE
PENDING RETIREMENT FROM ONE OF THE UNIFORMED SERVICES
Terminal-Annual_Leave_Opinion_Publication_10162007.pdf |
A member of a uniformed service appointed to a civilian position while on terminal leave pending retirement
from the service is entitled to credit for his years of active military service only for the duration of his terminal leave.
Once the employee retires from the uniformed service, he no longer is entitled to credit for his years of active military
service unless he satisfies certain statutory exceptions detailed in 5 U.S.C. § 6303(a) or (e). The employee’s leave-accrual
rate must be recalculated upon his retirement to reflect his reduced years of creditable service.
October 16, 2007 |
WHETHER THE DEFENSE OF MARRIAGE ACT PRECLUDES THE NON-BIOLOGICAL CHILD OF A MEMBER
OF A VERMONT CIVIL UNION FROM QUALIFYING FOR CHILD’S INSURANCE BENEFITS UNDER THE SOCIAL SECURITY ACT
saadomaopinion10-16-07final.pdf |
The Defense of Marriage Act would not prevent the non-biological child of a partner in a Vermont civil
union from receiving child’s insurance benefits under the Social Security Act.
October 16, 2007 |
DEPARTMENT OF JUSTICE AUTHORITY TO REPRESENT
THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
IN CERTAIN POTENTIAL SUITS
hud-opinion-101007.pdf |
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.
October 10, 2007 |
AUTHORITY OF THE PRESIDENT TO NAME AN ACTING ATTORNEY GENERAL
authority-of-the-president-name-ag-070908.pdf |
The President may designate an Acting Attorney General under the Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d, even if an officer of the Department otherwise could act under 28 U.S.C. § 508, which deals with succession to the office of the Attorney General.
September 17, 2007 |
AUTHORITY OF THE PRESIDENT TO NAME AN ACTING ATTORNEY GENERAL
authority-of-the-president-name-ag-070908.pdf |
The President may designate an Acting Attorney General under the Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d, even if an officer of the Department otherwise could act under 28 U.S.C. § 508, which deals with succession to the office of the Attorney General.
September 17, 2007 |
IMMUNITY OF FORMER COUNSEL TO THE PRESIDENT FROM COMPELLED CONGRESSIONAL TESTIMONY
miers-immunity-Opinion071007.pdf |
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.
July 10, 2007 |
ASSERTION OF EXECUTIVE PRIVILEGE CONCERNING THE DISMISSAL AND REPLACEMENT OF U.S. ATTORNEYS
wh-executive-privilege062707.pdf |
Executive privilege may properly be asserted over the documents and testimony concerning the dismissal and replacement of United States Attorneys that have been subpoenaed by congressional committees.
June 27, 2007 |
APPLICATION OF THE EMOLUMENTS CLAUSE TO A MEMBER OF THE
FEDERAL BUREAU OF INVESTIGATION DIRECTOR’S ADVISORY BOARD
fbi_advisory_board_opinion_061507.pdf |
A member of the Federal Bureau of Investigation Director’s Advisory Board does not hold an “Office of Profit or Trust” under the Emoluments Clause of the Constitution.
June 15, 2007 |
WHEN A PRIOR CONVICTION QUALIFIES AS A
“MISDEMEANOR CRIME OF DOMESTIC VIOLENCE”
atfmcdv-opinion.pdf |
A “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9) is limited to those offenses of which the use or attempted use of physical force or the threatened use of a deadly weapon is an element—that is, a factual predicate specified by law and required to support a conviction.
Where the legal definition of the crime at issue contains a disjunctive element (which requires proof of only one of multiple specified factual predicates), only one subpart of which requires the use or attempted use of physical force or the threatened use of a deadly weapon, application of the prohibition in section 922(g)(9) will turn on whether the factfinder found that the subpart meeting the “misdemeanor crime of domestic violence” definition had been proved (or whether the defendant pleaded guilty to that subpart). The answer to that question may be gleaned from the record of conviction or the supporting record of proceedings in the court of conviction. Police reports cannot answer that question.
The above interpretations also govern background checks by the Federal Bureau of Investigation for firearms transfers under the National Instant Background Check System, but additional materials, including police reports, may be relied upon by the NICS for certain limited purposes.
May 17, 2007 |
OFFICERS OF THE UNITED STATES WITHIN THE MEANING OF THE APPOINTMENTS CLAUSE
appointmentsclausev10.pdf |
A position to which is delegated by legal authority a portion of the sovereign powers of the federal Government and that is "continuing" is a federal office subject to the Constitution's Appointments Clause. A person who would hold such a position must be properly made an "Officer[] of the United States" by being appointed pursuant to the procedures specified in the Appointments Clause.
April 16, 2007 |
USE OF APPROPRIATED FUNDS TO PROVIDE LIGHT REFRESHMENTS TO NON-FEDERAL PARTICIPANTS AT EPA CONFERENCES
epa-light-refreshments13.pdf |
Light refreshments are “subsistence expenses” to which the prohibition of 31 U.S.C. § 1345 applies, and various statutory provisions that authorize the Environmental Protection Agency to hold meetings, conduct training and provide grants do not satisfy the “specifically provided by law” exception to the prohibition.
A violation of section 1345 does not, by its own force, also violate the Anti-Deficiency Act.
April 5, 2007 |
LEGALITY OF ALTERNATIVE ORGAN DONATION PRACTICES UNDER 42 U.S.C. § 274e
organtransplant.pdf |
Two alternative kidney donation practices, in which a living donor who is incompatible with his intended recipient donates a kidney to a stranger in exchange for the intended recipient's receiving a kidney from another donor or increased priority on a waiting list, do not violate the prohibition on transfers of organs for "valuable consideration" in 42 U.S.C. § 274e..
March 28, 2007 |
DAYS OF SERVICE BY SPECIAL GOVERNMENT EMPLOYEES
sge_opinion_final.pdf |
The longstanding interpretation of the Executive Branch that service by a special government employee during any part of a day counts as a full day under 18 U.S.C. §§ 203 and 205, which impose greater conflict of interest restrictions after a special government employee works 60 days, is reaffirmed.
January 26, 2007 |
