NCJ Number
141886
Date Published
1988
Length
389 pages
Annotation
This report presents 30 selected memorandum opinions of the U.S. Justice Department's Office of Legal Counsel issued in 1988 regarding the official duties of Federal executive officers, including the President and the Attorney General.
Abstract
Regarding the representation of the U.S. Sentencing Commission in litigation, the Office of Legal Counsel holds that the Commission may represent itself in court through its own staff attorneys or through specially appointed counsel in litigation that involves a challenge to its authority to promulgate guidelines on sentencing. Another opinion concludes that no Federal law authorizes foreign agents to carry firearms nor does the President have inherent authority to authorize foreign agents to carry firearms to execute Federal law. Another opinion holds that the District of Columbia Good Time Credits Act of 1986 does not repeal D.C. Code Section 24-206(a). Parole violators subject to that section of the code cannot receive credit toward their maximum sentence for time served on parole. Other opinions relevant to criminal justice policy include the applicability of interest and penalty provisions of the Criminal Fine Enforcement Act to fines imposed as a condition of probation; the status of Federal inmates as "employees" within the meaning of 15 U.S.C. Section 2622, 42 U.S.C. Section 7622, and 29 U.S.C. Section 652; and U.S. Customs Service jurisdiction pursuant to 21 U.S.C. Section 881 forfeiture provisions.