NCJ Number
141890
Date Published
1992
Length
190 pages
Annotation
This report presents 2 selected memorandum opinions by the U.S. Attorney General and 12 by the Justice Department's Office of Legal Counsel issued in 1992 regarding the official duties of Federal executive officers, including the President and the Attorney General.
Abstract
A memorandum by the Attorney General advises the Chairman of the Senate Committee on Labor and Human Resources that proposed legislation that would limit State restrictions on abortions obstructs reasonable regulations permitted under Roe v. Wade and its progeny. It would also represent a doubtful exercise of Congress' power under the 14th amendment and would rest on a questionable link to Congress' power to regulate interstate commerce. An opinion by the Office of Legal Counsel holds that Federal law does not prohibit the transfer to other State or local agencies property that has been transferred from the Federal Government pursuant to forfeiture law, where the other agency intends to use the property for purposes not directly related to law enforcement. In another opinion, the Office of Legal Counsel holds that the military use of forward looking infrared radars technology from airspace used by the general public to assist civilian law enforcement agencies would not violate a "clearly established" constitutional right of the owners of structures on private lands.