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U.S. Department of Justice

Office of Legal Counsel


2001 Memoranda & Opinions

Overview of Document



AUTHORITY OF THE DEPUTY ATTORNEY GENERAL UNDER EXECUTIVE ORDER 12333
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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
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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


PRESIDENT'S AUTHORITY TO REMOVE THE CHAIRMAN OF THE CONSUMER PRODUCT SAFETY COMMISSION
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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


INVESTMENT OF FEDERAL TRUST FUNDS FOR CHEYENNE RIVER AND LOWER BRULE SIOUX
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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
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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
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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
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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
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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
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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 PRESIDENS
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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



List of Years for Memoranda and Opinions


Updated 05/08/03
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