Office of Legal Counsel

The Trump-era Department of Justice claims presidential communications privilege to block disclosure of an Office of Legal Counsel memo about drone strikes on suspected drug cartel boats. The ACLU and Center for Constitutional Rights filed a FOIA request seeking the memo, arguing it concerns military authority for lethal strikes, while the DOJ asserts the document contains sensitive, classified information. The case hinges on whether the memo's legal guidance remains protected by privilege or has become public policy.

The Trump administration may lack legal standing to waive US sanctions on Iranian oil under the Obama-era Iran Nuclear Agreement Review Act, but officials believe they can temporarily lift sanctions without Congressional approval. Legal experts suggest any challenge to this action would likely fail, though experts note the process of unwinding sanctions remains complex and unlikely to immediately allow US companies into the Iranian market.

The Office of Legal Counsel issued an opinion stating states are not legally required to provide community or home-based care for mentally disabled patients. This contradicts previous expectations about integrating individuals with disabilities into community settings.

The Justice Department's Office of Legal Counsel found the Equal Employment Opportunity Commission's hiring guidelines unconstitutional, arguing they pressure employers to consider race. The opinion could complicate employees' ability to file discrimination claims against employers.

The Justice Department’s Office of Legal Counsel concluded that the EEOC’s disparate impact liability guidelines, which hold employers liable for policies with unintentional racial harm, are unconstitutional. The opinion cited the Supreme Court’s Allen v. Milligan decision, arguing that Title VII should not mandate equal outcomes but only address intentional discrimination, and proposed reforms to align disparate-impact claims with the Constitution’s colorblind principles.

The Department of Justice's Office of Legal Counsel concluded that non-citizens must meet the eligibility and verification requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to qualify for the Federal Communications Commission's Lifeline program, which provides discounts on telephone and broadband internet services for low-income consumers.

Trump's Office of Legal Counsel argues that the Presidential Records Act is unconstitutional, challenging its validity in court. The outcome of this legal dispute will determine the future management and accessibility of presidential records.