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Opinions of the Office of Legal Counsel: Consisting of Selected Memorandum Opinions Advising the President of the United States, the Attorney General and Other Executive Officers of the Federal Government in Relation to Their Official Duties, Volume 9, 1985

NCJ Number
Date Published
169 pages
This report presents 18 selected memorandum opinions of the U.S. Justice Department's Office of Legal Counsel issued in 1985 that advise Federal executive officers, including the President and the Attorney General, on issues that relate to their official duties.
Regarding the disqualification of a prosecutor because of former representation of clients prior to joining the government, the Office of Legal Counsel concludes that such disqualification should occur unless the attorney's participation is essential to the conduct of the case. The Office of Legal Counsel also holds that proposed legislation that authorizes personnel of committees of Congress to obtain court-ordered release of matters occurring before a grand jury would violate separation of powers principles. Another opinion holds that the Attorney General and the Administrator of the Drug Enforcement Administration may delegate their respective authority to approve drug enforcement undercover operations pursuant to Section 203(b)(1) of Public Law Number 98-411, 98 Statute 1545, 1559-60 (1984). Regarding the use of forfeited property, the Office of Legal Counsel holds that the Attorney General has authority to transfer to the General Services Administration real property forfeited to the United States pursuant to the drug laws.