Consistent with the
President’s FOIA memorandum dated January 21, 2009, and the
Attorney General’s FOIA guidelines dated March 19, 2009, OLC sometimes releases requested records as a matter of discretion, even if they fall within the scope of a FOIA exemption or have not been the subject of a FOIA request. To make such documents generally available when they are the subject of repeated requests or may be of public or historical interest, the Office may post them in this electronic reading room. Documents posted in this electronic reading room are being disclosed through discretionary release, but they have not been selected for official publication and thus they are not included among the
Office’s formal published opinions. Although these records may be of public or historical interest, the views expressed in some of these records may not reflect the Office’s current views.
Advice Documents Not Selected for Publication:
* Memorandum for the Attorney General from David J. Barron, Acting Assistant Attorney General, Office of Legal Counsel, Re: Applicability of Federal Criminal Laws and the Constitution to Contemplated Lethal Operations Against Shaykh Anwar al-Aulaqi (July 16, 2010)
* Memorandum for the Attorney General from David J. Barron, Acting Assistant Attorney General, Office of Legal Counsel, Re: Lethal Operation Against Shaykh Anwar Aulaqi (Feb. 19, 2010)
Memorandum for the Files, Re: Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001 (Jan. 15, 2009)
Memorandum for the Files, Re: October 23, 2001 OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities (Oct. 6, 2008)
Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (Nov. 7, 2007)
Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (Nov. 6, 2007)
Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (Aug. 23, 2007)
Letter for the Associate General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (July 24, 2007)
Memorandum for John A. Rizzo, Acting General Counsel, Centrial Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques That May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees (July 20, 2007)
Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Re: Application of the Detainee Treatment Act to Conditions of Confinement at Central Intelligence Agency Detention Facilities (Aug. 31, 2006)
Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel (Aug. 31, 2006)
Memorandum for the Files from Steven G. Bradbury, Acting Assistant Attorney General, Re: Legal Review of Department of Defense Draft Documents Regarding Treatment and Interrogation of Detainees (Apr. 13, 2006)
Letter for William J. Haynes II, General Counsel, Department of Defense, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel (Apr. 13, 2006)
Memorandum for the Files from Howard C. Nielson, Jr., Deputy Assistant Attorney General, Re: Whether Persons Captured and Detained in Afghanistan are “Protected Persons” under the Fourth Geneva Convention (Aug. 5, 2005)
* Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques That May Be Used in the Interrogation of High Value al Qaeda Detainees (May 30, 2005)
Letter for the Central Intelligence Agency from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel (May 20, 2005)
* Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Application of 18 U.S.C. §§ 2340–2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees (May 10, 2005)
* Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Application of 18 U.S.C. §§ 2340–2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee (May 10, 2005)
Letter for William J. Haynes II, General Counsel, Department of Defense, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel, Re: Memorandum for William J. Haynes II, General Counsel of the Department of Defense, from John Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States (March 14, 2003) (“March 2003 Memorandum”) (Feb. 4, 2005)
Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel (Sept. 20, 2004)
Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel (Sept. 6, 2004)
Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel (Aug. 26, 2004)
Letter for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Daniel B. Levin, Acting Assistant Attorney General, Office of Legal Counsel (August 6, 2004)
Letter for John E. McLaughlin, Acting Director of Central Intelligence, from John D. Ashcroft, Attorney General (July 22, 2004)
Memorandum for the Files from Jack Goldsmith, Assistant Attorney General, Office of Legal Counsel, Re: Voluntary Departure from Occupied Territory (July 16, 2004)
Letter for Scott W. Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (July 7, 2004)
Letter for Scott W. Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (June 23, 2004)
Letter for Scott W. Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (June 23, 2004)
Letter for Scott Muller, General Counsel, Central Intelligence Agency, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel (May 27, 2004)
Memorandum for the Files from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel, Re: Advice to the Department of Defense on Interrogations (May 11, 2004)
Memorandum for the Attorney General from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel, Re: Review of the Legality of the STELLAR WIND Program (May 6, 2004)
Memorandum for Glenn A. Fine, Inspector General, from Jack L. Goldsmith, Assistant Attorney General, Office of Legal Counsel, Re: Constitutionality of Certain FBI Intelligence Bulletins (Apr. 5, 2004)
Memorandum for William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States (Mar. 14, 2003)
Memorandum for William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Response to the Preliminary Report of the ABA Task Force on Treatment of Enemy Combatants (Feb. 7, 2003)
Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Authorization for Use of Military Force Against Iraq Resolution of 2002 (Oct. 21, 2002)
Memorandum for Michael Chertoff, Assistant Attorney General, Criminal Division, from Joan L. Larsen, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Whether Section 319(b) of the Patriot Act Includes Authority for the Issuance of Grand Jury Subpoenas to Foreign Banks That Maintain Correspondent Accounts in the United States (Aug. 6, 2002)
Memorandum for Alberto R. Gonzales, Counsel to the President, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A (Aug. 1, 2002)
Letter for Alberto R. Gonzales, Counsel to the President, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel (Aug. 1, 2002)
* Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Interrogation of al Qaeda Operative (Aug. 1, 2002)
Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Specter/Harkin Joint Resolution Calling for Congress to Vote on a Resolution for the Use of Force by the United States Armed Forces Against Iraq (July 23, 2002)
Letter for John Rizzo, Acting General Counsel, Central Intelligence Agency, from John Yoo, Deputy Assistant Attorney General, Office of Legal Counsel (July 13, 2002)
Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Applicability of 18 U.S.C. § 4001(a) to Military Detention of United States Citizens (June 27, 2002)
Memorandum for the Attorney General from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Determination of Enemy Belligerency and Military Detention (June 8, 2002)
Memorandum for Daniel J. Bryant, Assistant Attorney General, Office of Legislative Affairs, from Patrick Philbin, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Swift Justice Authorization Act (Apr. 8, 2002)
Memorandum for William J. Haynes II, General Counsel, Department of Defense, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: The President’s Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations (Mar. 13, 2002)
Memorandum for William J. Haynes II, General Counsel, Department of Defense, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Potential Legal Constraints Applicable to Interrogations of Persons Captured by U.S. Armed Forces in Afghanistan (Feb. 26, 2002)
Memorandum for Larry D. Thompson, Deputy Attorney General, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Memorandum From Alberto Gonzales to the President on the Application of the Geneva Convention to Al Qaeda and the Taliban (Jan. 26, 2002)
Memorandum for Alberto R. Gonzales, Counsel to the President, and William J. Haynes II, General Counsel, Department of Defense, from Jay S. Bybee, Assistant Attorney General, Office of General Counsel, Re: Application of Treaties and Laws to al Qaeda and Taliban Detainees (Jan. 22, 2002)
Memorandum for William J. Haynes II, General Counsel, Department of Defense, from John Yoo, Deputy Assistant Attorney General, Re: Possible Criminal Charges Against American Citizen Who Was a Member of the al Qaeda Terrorist Organization or the Taliban Militia (Dec. 21, 2001)
Memorandum for Alberto R. Gonzales, Counsel to the President, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Re: Treaties and Laws Applicable to the Conflict in Afghanistan and to the Treatment of Persons Captured by U.S. Armed Forces in that Conflict (Nov. 30, 2001)
Memorandum for John Bellinger, III, Senior Associate Counsel to the President and Legal Adviser to the National Security Council, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Re: Authority of the President to Suspend Certain Provisions of the ABM Treaty (Nov. 15, 2001)
Memorandum for the Attorney General from John C. Yoo, Deputy Assistant Attorney General (Nov. 2, 2001)
Memorandum for Alberto R. Gonzales, Counsel to the President, and William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States (Oct. 23, 2001)
Memorandum for David S. Kris, Associate Deputy Attorney General, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the “Purpose” Standard for Searches (Sept. 25, 2001)
* Memorandum for C. Boyden Gray, Counsel to the President, from J. Michael Luttig, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Congressional Access to Presidential Communications (Dec. 21, 1989)
* Memorandum for the Deputy Attorney General from Robert B. Shanks, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Refusals by Executive Branch to Provide Documents From Open Criminal Investigative Files to Congress (Oct. 30, 1984)
* Memorandum for Edward L. Morgan, Deputy Counsel to the President, from Thomas E. Kauper, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Proposed Letter From Secretary of the Army Resor to Chairman Rivers re Submission of Open CID Investigative Files (Dec. 19, 1969)
Administrative and Miscellaneous Documents:
Memorandum for Attorneys of the Office, from David J. Barron, Acting Assistant Attorney General, Office of Legal Counsel, Re: Best Practices for OLC Legal Advice and Written Opinions (July 16, 2010)
Memorandum for Attorneys of the Office, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Re: Best Practices for OLC Opinions (May 16, 2005)
** Lists of OLC Opinions 1998-2013
* Due to public interest in this matter, the Department of Justice is releasing these documents in the format in which they are currently available. The Department recognizes that some of these documents are not in an accessible format. If you have a disability and the format of any material on the site interferes with your ability to access the information, please email the Department of Justice webmaster at webmaster@usdoj.gov. To enable us to respond in a manner that will be of most assistance to you, please indicate the nature of the accessibility problem, your preferred format (electronic format (ASCII, etc.), standard print, large print, etc.), the web address of the requested material, and your full contact information so we can reach you if questions arise while fulfilling your request. The Department plans to post accessible versions of these documents as soon as they become available.
** These documents have been identified as responsive to FOIA requests and are not intended to be comprehensive lists of all OLC opinions.
