Executive Legal Memos
34 memos tracked. 0 with archived PDF.
OLC
Application of the No TikTok on Government Devices Act to the TikTok USDS Joint Venture
Concludes the TikTok USDS Joint Venture app does not fall within the No TikTok on Government Devices Act's prohibition because the joint venture operates independently of ByteDance
Department of Agriculture Preferences for 'Socially Disadvantaged' Groups
Concludes USDA race-based preferences for socially disadvantaged groups violate equal protection and cannot survive strict scrutiny post-SFFA
Application of the Rehabilitation Act and Americans with Disabilities Act to State Institutionalization of Patients with Severe Mental Illness or Disabilities
Opines on scope of ADA/Rehab Act integration mandate as applied to state psychiatric institutionalization
Whether the Equal Credit Opportunity Act Creates Disparate-Impact Liability
Concludes ECOA does not create disparate-impact liability; overturns prior CFPB/DOJ enforcement guidance
Constitutionality of Disparate-Impact Liability Under Title VII
Concludes that EEOC disparate-impact liability under Title VII guidelines is constitutionally suspect; calls for enforcement policy revision
Whether FCC's Lifeline Program Is a Benefit Subject to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Concludes FCC Lifeline subsidies are a federal public benefit barring benefits to certain noncitizens under PRWORA
Authority to Obtain and Share Statewide Voter Roll Data
Opines that DOJ Civil Rights Division has statutory authority to obtain statewide voter registration lists from states
Application of 10 U.S.C. § 191 and Section 8044 of Pub. L. No. 118-47 to the Defense Innovation Unit and Strategic Capabilities Office
Addresses statutory authority over defense innovation entities and appropriations restrictions
Constitutionality of the Presidential Records Act
Opines on constitutionality of PRA restrictions on Presidential records; addresses executive privilege and Article II
Whether a Bankruptcy Judge's Appointment of a Special Master Would Violate Article III of the Constitution
Concludes that a bankruptcy judge appointing a special master with adjudicatory functions raises Article III concerns
Detailing Attorneys to the Department of Justice to Serve as Immigration Judges and Special Assistant United States Attorneys
Authorizes detailing military and other federal attorneys to serve as immigration judges and SAUSAs
Legislation Denying Citizenship at Birth to Certain Children Born in the United States
1995 OLC opinion (Walter Dellinger) concluding that legislation denying citizenship at birth to children of certain alien parents is unconstitutional on its face
AG
National Fraud Enforcement Division
Creates National Fraud Enforcement Division to consolidate and prioritize DOJ prosecution of fraud cases
Upholding Constitutional Rights and Parental Authority in America's Education System
Directs the Civil Rights Division, FBI, EOUSA, and all U.S. Attorneys to protect parental rights and constitutional liberties in schools
Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination
Warns federal funding recipients that DEI-based preferences constitute unlawful discrimination under federal civil rights statutes
Implementation of Executive Order No. 14224 Designating English as the Official Language of the United States
Government-wide implementation guidance for all federal agencies on EO 14224 designating English the official language, including revocation of the EO 13166 LEP framework
Second Amendment Enforcement Task Force
Establishes the Second Amendment Enforcement Task Force to advance litigation and policy protecting Second Amendment rights, implementing EO 14206
Memorandum for All United States Law School Deans and Admission Officers Regarding Elimination of Race-Based Preferences
Notifies law schools that race-conscious admissions policies violate federal civil rights law post-SFFA
Implementation of Executive Orders 14151 and 14173 Eliminating Unlawful DEI Programs in Federal Operations
Government-wide compliance guidance for all federal agencies implementing EOs 14151 and 14173 eliminating illegal DEI discrimination and preferences
Eliminating Internal Discriminatory Practices
Directs DOJ to eliminate race- and sex-conscious employment and contracting practices
Ending Illegal DEI and DEIA Discrimination and Preferences
Directs the Civil Rights Division to investigate and penalize illegal DEI and DEIA preferences in the private sector and at educational institutions receiving federal funds, citing EO 14173
Establishment of Joint Task Force October 7
Creates DOJ task force to investigate and prosecute antisemitic attacks connected to October 7, 2023
General Policy Regarding Charging, Plea Negotiations, and Sentencing
Sets DOJ policy on charging most serious provable offense, avoiding charge reductions, and seeking proportional sentences
General Policy Regarding Zealous Advocacy on Behalf of the United States
Directs DOJ attorneys to zealously defend the government's legal positions and executive actions
Reinstating the Prohibition on Improper Guidance Documents
Reinstates ban on DOJ issuing guidance documents that create binding legal obligations on the public
Reinstating the Prohibition on Improper Third-Party Settlements
Reinstates ban on DOJ settlement payments directed to third parties that are not parties to the litigation
Rescinding 'Environmental Justice' Memoranda
Rescinds the prior administration's environmental justice memo and related guidance
Restoring a Measure of Justice to the Families of Victims of Commuted Murderers
Directs exploration of a public forum for families of victims of the 37 commuted federal death-row inmates, DOJ assistance to state prosecutors pursuing state death sentences against those inmates, and BOP review of their confinement conditions
Restoring the Integrity and Credibility of the Department of Justice
Establishes DOJ priority to restore public trust; directs review of prior administration actions for political bias
Return to Full-Time In-Person Work at the Department of Justice
Ends remote work arrangements for DOJ employees and requires full-time in-person attendance
Reviving the Federal Death Penalty and Lifting the Moratorium on Federal Executions
Lifts Biden-era moratorium on federal executions and directs prosecutors to seek death penalty in capital cases
Sanctuary Jurisdiction Directives
Directs DOJ to withhold grants from sanctuary jurisdictions and pursue legal action against obstruction of federal immigration enforcement
Total Elimination of Cartels and Transnational Criminal Organizations
Designates cartels as priority targets; directs DOJ to pursue RICO, asset forfeiture, and terrorism charges