NCJ Number
141882
Date Published
1984
Length
364 pages
Annotation
This report presents 24 selected memorandum opinions of the U.S. Justice Department's Office of Legal Counsel issued in 1984 that advise Federal executive officers, including the President and the Attorney General, on matters relating to their official duties.
Abstract
Regarding a proposed constitutional amendment to limit the tenure of judges to a term, subject to reconfirmation, the Office of Legal Counsel concludes that this is antagonistic to the overall structural design of the U.S. Constitution, which intends to ensure judicial independence and impartiality. An opinion on the prosecution for contempt of Congress of an executive branch official who has asserted a claim of executive privilege asserts that as a matter of statutory construction and separation of powers analysis, a U.S. attorney is not required to refer a congressional contempt citation to a grand jury or otherwise to prosecute an executive branch official who implements the President's instruction to invoke the President's claim of executive privilege before a committee of Congress. The Office of Legal Counsel concludes that a draft bill that would prohibit the mailing of sexually-oriented advertisements without the addressee's prior written consent would likely be held unconstitutional by the courts. Some of the other opinions pertain to the authority of the State Department Office of Security to investigate passport and visa fraud and a recommendation that the Justice Department not defend the constitutionality of certain provisions of the Bankruptcy Amendments and Federal Judgeship Act of 1984.