General Counsel/SBA: Memorandum re Permissibility of Small Business Administration Regulations Implementing the Historically Underutilized Business Zone, 8 ( a)Business Development, and Service-Disabled Veteran-Owned Small Business Concern Programs ( LeBLanc) dated 21, 2009 General Counsel/JMD: Memorandum re Status of Presidential Memorandum Addressing the Use of Polygraphs ( Marwell) dated January 14,2009Īttorney General: Memorandum re Validity of Statuary Rollbacks as a Means of Complying with the Ineligibility Clause ( Thompson/Anderson ) dated May 20, 2009Īttorney General: Memorandum re the Withdrawal of Office of Legal Counsel CIA Interrogation Opinions dated April 15, 2009Īcting AAG/OLA: Memorandum re the Constitutionality of the Ronald Reagan Centennial Commission Act of 2009 dated April 21, 2009Īcting Legal Adviser/DOS: Memorandum re Constitutionality of Section 7054 of the Fiscal Year 2009 Department of State, Foreign Operations, and Related Programs Appropriations Act ( Paisner) dated June 1, 2009Īttorney General: Memorandum re Withdrawal of the Office of Legal Counsel Opinion dated June 11, 2009ĪAG/OLA: Memorandum re Constitutionality of the Matthew Shepard Hate Crimes Prevention Act ( Stith) dated June 16, 2009Ĭounsel to the President: Memorandum re Eligibility of a Retired Military Officer and Appointment as Administrator of the National Aeronautics and Space Administration ( LeBLanc) J)Īssociate Deputy Attorney General/DOJ: Memorandum re Additional Legal Questions Concerning the EINSTEIN 2.0 Program dated August 14, 2009 They are:Ĭounsel to the President: Memorandum re Legal Issues Relating to the Testing Use, and Deployment of an Intrusion-Detection System ( EINSTEIN 2.0) to Protect Unclassified Computer Networks in the Executive Branch ( Lehotsky) dated January 9, 2009 Many thanks to Sina Azodi for transcribing these titles.
Another unknown quantity (“eleven lists,” presumably including the Drone Assassination Justification memo) were withheld under the b(1) national security exemption. Thirty others were withheld under –you guessed it– b(5).
#Omb general counsel memoranda archive#
In the meantime, here are the titles of 47 other OLC opinions dating to 2009 released to the National Security Archive in response to a FOIA request.
#Omb general counsel memoranda full#
Would have been proactively disclosed in full in a truly Open Government… CREW is using an underused provision of the FOIA that requires all executive branch agencies to make available to the public, “final opinions made in the adjudication of cases, and statements of policy and interpretation the agency has adopted.” OLC opinions, as CREW’s Anne Weismann explains, fit squarely within both of these categories. In another lawsuit over current OLC memos, Anne Weismann of the Center for Responsibility in Washington is suing the Department of Justice to make all of its OLC opinions available. To its credit, the Department of Justice has published a very interesting set of its historic OLC memorandums here –some even deal with FOIA. “We need not fear that OLC will lack for clients.” The Department of Justice’s argument that its need to protect its client (presumably the CIA) outweighed the public’s right to know “provetoo much” for the Second Circuit. Sadly, this redaction came on the heels of the Second Circuit Appeals Court’s unanimous rejection of the Department of Justice’s attempt to use b(5) to keep its Drone Assassination Justification OLC opinion (the whole thing, not just the title) from public view. Amy Bennett at Open the Government explains why this DOJ’s black out “raise concerns that the government is not adhering to the rule of law, and reaffirm that we cannot trust that it is doing so.” In response to his FOIA request, the Department of Justice redacted nine out of ten unclassified Office of Legal Counsel memorandum titles using the b(5) “deliberative process” exemption. Ryan Reilly of the Huffington Post has provided the most recent example of why Congressional reform is needed to fix the b(5) “ withhold it because you want to” exemption.
Kudos to the Federal-Aid Highway Program? (Ryan Reilly)
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