Office of Legal Counsel

By delegation from the Attorney General, the Assistant Attorney General in charge of the Office of Legal Counsel provides legal advice to the President and all executive branch agencies.  The Office drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice.  Such requests typically deal with legal issues of particular complexity and importance or those about which two or more agencies are in disagreement.  The Office is also responsible for reviewing and commenting on the constitutionality of pending legislation.

All executive orders and substantive proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President’s formal approval.

In addition to serving as, in effect, outside counsel for the other agencies of the Executive Branch, the Office of Legal Counsel plays a special role within the Department itself.  It reviews all proposed orders of the Attorney General and regulations requiring the Attorney General’s approval.  It also performs a variety of special assignments referred by the Attorney General or the Deputy Attorney General.

The Office of Legal Counsel is not authorized to give legal advice to private persons.