APPLICATION OF 18 U.S.C. 1913 TO “GRASS ROOTS” LOBBYING BY UNION REPRESENTATIVES
1913unionnov23.pdf |
Under 18 U.S.C. 1913, federal employees who are union representatives may not use official time to engage in “grass roots” lobbying in which, on behalf of their unions, they ask members of the public to communicate with government officials in support of, or opposition to, legislation or other measures.
November 23, 2005 |
WAIVER OF SOVEREIGN IMMUNITY WITH RESPECT TO WHISTLEBLOWER PROVISIONS OF ENVIRONMENTAL STATUTES
waiver-whistleblower-provisions-environmental-statutes.pdf |
The federal Government’s sovereign immunity has been waived with respect to the whistleblower provisions of the Solid Waste Disposal Act and the Clean Air Act, but not with respect to the whistleblower provision of the Clean Water Act.
September 23, 2005 |
APPOINTMENTS TO THE BOARD OF THE LEGAL SERVICES CORPORATION
opinion-092005.pdf |
The President has authority to appoint a member of the Board of the Legal Services Corporation who has been confirmed after his or her statutory term of office has expired, where the holdover provision of the statute allows a member to serve until a successor is appointed.
September 20, 2005 |
PROPOSED AMENDMENTS TO MILITARY COMMISSION ORDER NO. 1
militarycommissionchangesop(final).pdf |
Certain proposed amendments to the Secretary of Defense’s Military Commission Order No. 1 are consistent with the President’s Military Order of November 12, 2001.
August 12, 2005 |
AUTHORITY UNDER THE DEFENSE BASE CLOSURE AND REALIGNMENT ACT TO CLOSE OR REALIGN NATIONAL GUARD INSTALLATIONS WITHOUT THE CONSENT OF STATE GOVERNORS
050810_brac_opinion.pdf |
The federal Government has authority under the Defense Base Closure and Realignment Act of 1990, as amended, to close or realign a National Guard installation without the consent of the governor of the State in which the installation is located.
August 10, 2005 |
ASSIGNMENT OF CERTAIN FUNCTIONS RELATED TO MILITARY APPOINTMENTS
militaryappointments.pdf |
Section 531(a)(1) of title 10 does not affirmatively prohibit delegation to the Secretary of Defense of the President's appointment authority.
The Appointments Clause of the Constitution does not prohibit Congress from allowing the President to choose between making such an appointment himself and delegating it to the Secretary of Defense.
So long as each nomination is submitted to the Secretary of Defense for approval (whether individually or in groups) and each appointment is made in the name of the Secretary of Defense (whether the document evidencing the appointment be signed by the Secretary or an authorized subordinate officer), the Constitution would permit functions related to the appointment process to be delegated to a subordinate officer below the Secretary of Defense.
July 28, 2005 |
WHETHER CONFLICT OF INTEREST LAWS APPLY TO A PERSON ASSISTING A SUPREME COURT NOMINEE
sgesupct.pdf |
On the facts described, a person whom a judicial nominee asks to assist him in connection with the nomination would not be an “officer” or “employee” and therefore the federal conflict of interest laws would not apply to him.
July 22, 2005 |
WHETHER THE PRESIDENT MAY SIGN A BILL BY DIRECTING THAT HIS SIGNATURE BE AFFIXED TO IT
opinion_07072005.pdf |
The President may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the President's signature to such a bill, for example by autopen.
July 7, 2005 |
SCOPE OF CRIMINAL ENFORCEMENT UNDER 42 U.S.C. § 1320d-6
hipaa_final.htm |
Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6, and the knowingly element of the offense set forth in that provision requires only proof of knowledge of the facts that constitute the offense.
June 1, 2005 |
APPLICATION OF THE EMOLUMENTS CLAUSE TO A MEMBER OF THE PRESIDENT'S COUNCIL ON BIOETHICS
050309_emoluments_clause.pdf |
A member of the President's Council on Bioethics does not hold an "Office of Profit or Trust" within the meaning of the Emoluments Clause of the Constitution.
March 9, 2005 |
TREATMENT OF EXPUNGED STATE CONVICTIONS UNDER THE IMMIGRATION AND NATIONALITY ACT
deportationproceedings.pdf |
Under the definition of “conviction” contained in the Immigration and Nationality Act, for a conviction not involving a first-time simple possession of narcotics, an alien remains convicted, and thus removable under the Act, notwithstanding a subsequent state action to vacate or set aside the conviction that does not reflect a judgment about the merits of the underlying adjudication of guilt.
January 18, 2005 |
STATUS OF THE DIRECTOR OF CENTRAL INTELLIGENCE UNDER THE NATIONAL SECURITY INTELLIGENCE REFORM ACT OF 2004
dcidciaappointment0112final.pdf |
At the time the National Security Intelligence Reform Act of 2004 takes effect, the then-current Director of Central Intelligence would not require a new appointment to the office of Director of the Central Intelligence Agency should the President wish him to serve in that position.
January 12, 2005 |
APPLICATION OF RECORD-DESTRUCTION REQUIREMENTS TO INFORMATION RECEIVED FROM THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
nicsopinion.pdf |
The laws governing destruction of background-check information do not require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to destroy information it previously received from the National Instant Criminal Background Check System when the NICS had determined that an individual seeking to purchase a firearm may not lawfully receive a firearm in the circumstance when the NICS later overturns that determination.
January 11, 2005 |
