28 C.F.R. § 0.25

General functions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

The following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General, Office of Legal Counsel:

(a) Preparing the formal opinions of the Attorney General; rendering informal opinions and legal advice to the various agencies of the Government; and assisting the Attorney General in the performance of his functions as legal adviser to the President and as a member of, and legal adviser to, the Cabinet.

(b) Preparing and making necessary revisions of proposed Executive orders and proclamations, and advising as to their form and legality prior to their transmission to the President; and performing like functions with respect to regulations and other similar matters which require the approval of the President or the Attorney General.

(c) Rendering opinions to the Attorney General and to the heads of the various organizational units of the Department on questions of law arising in the administration of the Department.

(d) Approving proposed orders of the Attorney General, and orders which require the approval of the Attorney General, as to form and legality and as to consistency and conformity with existing orders and memoranda.

(e) Coordinating the work of the Department of Justice with respect to the participation of the United States in the United Nations and related international organizations and advising with respect to the legal aspects of treaties and other international agreements.

(f) When requested, advising the Attorney General in connection with his review of decisions of the Board of Immigration Appeals and other organizational units of the Department.

(g) Designating within the Office of Legal Counsel:

(1) A liaison officer, and an alternate, as a representative of the Department in all matters concerning the filing of departmental documents with the Office of the Federal Register, and

(2) A certifying officer, and an alternate, to certify copies of documents required to be filed with the Office of the Federal Register (1 CFR 16.1).

(h) Approving certain blind trusts, as required by section 202(f)(4)(B) of the Ethics in Government Act of 1978, 92 Stat. 1843.

(i) Consulting with the Director of the Office of Government Ethics regarding the development of policies, rules, regulations, procedures and forms relating to ethics and conflicts of interest, as required by section 402 of the Ethics in Government Act of 1978, 92 Stat. 1862.

(j) Taking actions to ensure implementation of Executive Order 12612 (entitled “Federalism”), including determining which Department policies have sufficient federalism implications to warrant preparation of a Federalism Assessment, reviewing Assessments for adequacy, and executing certifications for the Assessments.

(k) Performing such special duties as may be assigned by the Attorney General, the Deputy Attorney General, or the Associate Attorney General from time to time.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 445-70, 35 FR 19397, Dec. 23, 1970; Order No. 623-75, 40 FR 42746, Sept. 16, 1975; Order No. 960-81, 46 FR 52342, Oct. 27, 1981; Order No. 1054-84, 49 FR 10118, Mar. 19, 1984; Order No. 1260-88, 53 FR 9435, Mar. 23, 1988]

Notes of Decisions

Cited in 31 cases (4 in the last 5 years), 1977–2026 · leading case: Casa De Md. v. U.S. Dep't of Homeland SEC., 924 F.3d 684 (4th Cir. 2019).

Sort: Relevance Newest Treatment

Casa De Md. v. U.S. Dep't of Homeland SEC., 924 F.3d 684 (4th Cir. 2019). · cites it 2× “§ 512 (providing that agency heads may seek legal advice from the Attorney General); 28 C.F.R. § 0.25 (delegating Attorney General’s authority to render legal advice to OLC); “Office of Legal Counsel,” The United States Department of Justice, https://www.”

Am. Civil Liberties Union v. Nat'l Sec. Agency, 925 F.3d 576 (2d Cir. 2019). · cites it 2× “10 28 C.F.R. § 0.25 ; see also Citizens for Responsibility & Ethics in Washington v.”

Citizens for Responsibility & Ethics in Washington v. United States Dep't of Just., 846 F.3d 1235 (D.C. Cir. 2017). “” 28 C.F.R. § 0.25 ; see Luther A. Huston, The Department of Justice 61 (1967) (recounting the formation of OLC).”

In Re: Air Crash Off Long Island, New York, on July 17, 1996, 209 F.3d 200 (2d Cir. 2000). · cites it 2× “See 28 C.F.R. 0.25 8 Hughes was a member of the Maritime Law Association, which initiated the drafting of DOHSA.”

Elec. Privacy Info. Ctr. v. Dep't of Just., 584 F. Supp. 2d 65 (D.D.C. 2008). “28 C.F.R. § 0.25 . Thus, OLC is empowered to provide legal advice to the Attorney General and the President.”

Citizens for Responsibility & Ethics in Washington v. U.S. Dep't of Just., 164 F. Supp. 3d 145 (D.D.C. 2016). “’ ” CREW Letter at 1 (quoting 28 C.F.R. § 0.25 (a), (c)). Weisman asserted that these OLC opinions “function as binding law on the executive branch,” constitute “final opinions .”

N.Y. Times Co. v. U.S. Dep't of Just., 282 F. Supp. 3d 234 (D.C. Cir. 2017). “" 28 C.F.R. § 0.25 (a), (c) ; see also First Colborn Decl.”

Hispanic Affairs Proj. v. Acosta, 263 F. Supp. 3d 160 (D.D.C. 2017). “§ 512 (providing that agency heads may seek legal advice from the Attorney General); 28 C.F.R. § 0.25 (delegating to the Office of Legal Counsel the Attorney General’s statutory authority to render legal advice); , 14 .”

MacK v. United States, 856 F. Supp. 1372 (D. Ariz. 1994). “At oral argument, counsel for the government cited 28 C.F.R. § 0.25 for the proposition that CLEOs would be sheltered from subsequent prosecutions based on the opinion letter even if the interpretation were later to change.”

Tenaska Washington Partners, L.P. v. United States, 34 Fed. Cl. 434 (Fed. Cl. 1995). “See 28 C.F.R. § 0.25 (a) (1995). Memoranda issued by the OLC, including this one, are binding on the Department of Justice and other Executive Branch agencies and represent the official position of those arms of government.”

New York Times Co. v. U.S. Dep't of Just. (D.D.C. 2017). “” 28 C.F.R. § 0.25 (a), (c); see also First Colborn Decl.”

20230126_C362271_63_362271C1.Opn.Pdf (Mich. Ct. App. 2023). “Attorney General opinions are issued by the Office of Legal Counsel (OLC) pursuant to 28 CFR 0.25(a). Federal agencies have treated such legal opinions as “binding” as a matter of expediency, not necessarily as a matter of law: Although subject to almost two hundred years of…”

Show all 31 citing cases →

— 28 C.F.R. § 0.25(a) — 1 case

— 28 C.F.R. § 0.25(b) — 2 cases

Admin. of Coral Reef Resources in the Nw. Hawaiian Islands (OLC 2000).

Exclusion of Certain Rhodesian Aliens Under Section 212(a)(27) of the Immigr. & Nationality Act (OLC 1977).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.