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Opinions
Authority of the Chemical Safety and Hazard Investigation Board to Delegate Power
Although the Chemical Safety and Hazard Investigation Board may not name an “Acting Chairperson,” it may delegate administrative and executive authority to a single member while the position of chairperson is vacant.
Centralizing Border Control Policy Under the Supervision of the Attorney General
In general, the President may not transfer the functions of an agency statutorily created within one Cabinet department to another Cabinet department without an act of Congress.
The President may not delegate his presidential authority to supervise and control the executive departments to a particular member of the Cabinet where no statutory authority exists to do so.
The President may exercise his own power to establish a comprehensive border control policy for the federal government and direct a single Cabinet member to lead and coordinate the efforts of all Cabinet agencies to implement that policy.
Role of Legal Guardians or Proxies in Naturalization Proceedings
Section 504 of the Rehabilitation Act requires the Immigration and Naturalization Service as a reasonable accommodation to permit a legal guardian or proxy to represent a mentally disabled applicant in naturalization proceedings.
Application of 18 U.S.C. § 203 to Former Employee’s Receipt of Attorney’s Fees in Qui Tam Action
Title 18, section 203, U.S. Code, would not bar a former federal employee from sharing in attorney’s fees in a qui tam action, provided that those fees, calculated under the lodestar formula, are prorated such that the former employee does not receive any fees attributable to his time in the government.
Status of Taliban Forces Under Article 4 of the Third Geneva Convention of 1949
The President has reasonable factual grounds to determine that no members of the Taliban militia are entitled to prisoner of war status under Article 4 of the 1949 Geneva Convention (III) Relative to the Treatment of Prisoners of War.
Assertion of Executive Privilege With Respect to Prosecutorial Documents
Executive privilege may properly be asserted in response to a congressional subpoena seeking prosecutorial decisionmaking documents of the Department of Justice.
Application of Federal Advisory Committee Act to Non-Governmental Consultations
The Federal Advisory Committee Act does not apply to the consultations that the Department of Defense plans to conduct with various individuals from outside the government regarding the policies and procedures that DoD is developing for military commissions.
Application of Privacy Act Congressional-Disclosure Exception to Disclosures to Ranking Minority Members
The congressional-disclosure exception to the disclosure prohibition of the Privacy Act generally does not apply to disclosures to committee ranking minority members.
Constitutional Issues Raised by Commerce, Justice and State Appropriations Bill
A provision prohibiting the use of appropriated funds for United Nations peacekeeping missions involving the use of United States Armed Forces under the command of a foreign national unconstitutionally constrains the President’s authority as Commander in Chief and his authority over foreign affairs.
A provision prohibiting the use of appropriated funds for cooperation with, assistance to, or other support for the International Criminal Court would be unconstitutional insofar as it would prohibit the President from providing support and assistance to the ICC under any and all circumstances, but it can be applied in a manner consistent with the President’s constitutional authority in the area of foreign affairs.
Legality of the Use of Military Commissions to Try Terrorists
The President possesses inherent authority under the Constitution, as Chief Executive and Commander in Chief of the Armed Forces of the United States, to establish military commissions to try and punish terrorists captured in connection with the attacks of September 11 or in connection with U.S. military operations in response to those attacks.