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Office of Legal Counsel OPINIONS O F T H E OFFICE OF LEGAL COUNSEL O F T H E UNITED STATES DEPARTMENT OF JUSTICE CONSISTING OK SKLKCTKI) MKMOItANlMWl OPINIONS Al>V1SIN(i TilK PRESIDENT OF THE UNITED STATES, THE ATTORNEY GENERAL AND OTHER EXECUTIVE OFFICERS OF THE FEDERAL GOVERNMENT IN RELATION TO THEIR OFFICIAL DUTIES ED ITO R Margaret Colgate Love V O L U M E 4B 1980 WASHINGTON 1985 For sale by the Superintendent of Documents. U.S. Government Printing Office Washington, D.C. 20402 0-936502-00-2 ii Attorney General Benjamin R. Civiletti Assistant Attorney General Office of Legal Counsel John M. Harmon Deputy Assistant Attorneys General Office of Legal Counsel Larry A. Hammond Leon Ulman Larry L. Simms ill OFFICE OF LEGAL COUNSEL Attorney-Advisers (1980) T. Alexander Aleinikoff Carolyn S. Ostby Geraldine M. Alexis Thomas O. Sargentich Zoe E. Baird Peter M. Shane Harold H. Bruff Benna Solomon H. Miles Foy Janis A. Sposato Jack M. Goldklang David A. Strauss Sol Lindenbaum Cass R. Sunstein Margaret Colgate Love Stephen J. Wilkinson Herman Marcuse Carol A. Williams Geoffrey P. Miller Foreword The Attorney General has directed the Office of Legal Counsel to publish selected opinions on an annual basis for the convenience of the executive, legislative, and judicial branches of the government, and for the convenience of the professional bar and the general public.* The first three volumes of opinions published covered the years 1977 through 1979; the present volume covers primarily 1980. The opinions contained in Volume 4 include some that have previously been released to the public, additional opinions as to which the addressee has agreed to publication, and opinions to Department of Justice officials that the Office of Legal Counsel has determined may be released: A substantial number of Office of Legal Counsel opinions issued during 1980 are not included. The authority of the Office of Legal Counsel to render legal opinions is derived from the authority of the Attorney General. Under the Judiciary Act of 1789 the Attorney General was authorized to render opinions on questions of law when requested by the President and the heads of executive departments. This authority is now codified at 28 U.S.C. §§511-513. Pursuant to 28 U.S.C. §510 the Attorney General has delegated to the Office of Legal Counsel responsibility for prepar­ ing the formal opinions of the Attorney General, rendering informal opinions to the various federal agencies, assisting the Attorney General in the performance of his function as legal adviser to the President, and rendering opinions to the Attorney General and the heads of the vari­ ous organizational units of the Department of Justice. 28 C.F.R. § 0.25. Included in Volume 4 are 11 formal Attorney General opinions issued during 1980. These opinions will eventually appear in Volume 43 of the Opinions of the Attorneys General. In light of the long interval between volumes in that series (e.g„ Volume 42 covers the years 1961 through 1974), the Attorney General has determined that it would be appropriate and useful to inaugurate the practice of including formal opinions of the Attorney General in the annual volumes of Office of Legal Counsel opinions. Also included in Volume 4, as a separate section with its own foreword, are 25 opinions dealing with the issues which arose out of *The Editor acknowledges the assistance of Joseph Foote, Esq., in preparing these opinions for publication. the seizure on November 4, 1979 of the U.S. Embassy in Tehran and the taking of 52 American hostages. These opinions were issued over a 15-month period between November of 1979 and February of 1981, and include two formal Attorney General opinions. vl Opinions of the Attorney General in Volume 4A Contents Page Imposition of Agricultural Export Controls Under § 5 of the Export Administration Act of 1979. (January 17, 1980)............... 1 The President’s Authority to Regulate Extensions of Credit Under the Credit Control Act. (March 13, 1980)......................... 4 Authority of the United States Olympic Committee to Send American Teams to the 1980 Summer Olympics. (April 10, 1980)...................................................................................................... 8 Litigation Responsibility of the Attorney General in Cases in the International Court of Justice. (April 21, 1980)............................ 11 Authority of the Chrysler Corporation Loan Guarantee Board to Issue Guarantees. (April 23, 1980)................................................... 12 Applicability of the Antideficiency Act Upon a Lapse in an Agency’s Appropriation. (April 25, 1980)...................................... 16 Constitutionality of Congress’ Disapproval of Agency Regula­ tions by Resolutions Not Presented to the President. (June 5, 1980)...................................................................................................... 21 Rights-of-Way Across National Forests. (June 23, 1980)................. 30 The Attorney General’s Duty to Defend and Enforce Constitu­ tionally Objectionable Legislation. (July 30, 1980)....................... 55 Authority of the Secretary of the Treasury Under the New York City Loan Guarantee Act of 1978. (October 2, 1980).................. 64 Standards for Closing a Meeting of the Select Commission on Immigration and Refugee Policy. (October 10, 1980).................. 67 Opinions Relating to the Iranian Hostage Crisis in Volume 4A Contents Page Introduction and Summary................................................................. 71 Presidential Powers Relating to the Situation in Iran. (November 7, 1979)......................................................................... ........................ 115 Supplementary Discussion of the President’s Powers Relating to the Seizure of the American Embassy in Iran. (November 11, 1979)................................ ................................................................... 123 Immigration Laws and Iranian Students. (November 11, 1979)..... 133 vii Contents Page Presidential Implementation of Emergency Powers Under the International Emergency Economic Powers Act. (November 21, 1979)................................................................................................ 146 The President’s Authority to Force the Shah to Return to Iran. (November 23, 1979)........................................................................... 149 The President’s Authority to Take Certain Actions Relating to Communications from Iran. (December 27, 1979)........................ 153 Possible Participation by the United States in Islamic Republic of Iran v. Pahlavi. (January 2, 1980)..................................................... 160 Presidential Power Concerning Diplomatic Agents and Staff of the Iranian Mission. (January 8, 1980)............................................ 174 Presidential Power to Use the Armed Forces Abroad Without Statutory Authorization. (February 12, 1980)............................... 185 Vesting of Iranian Assets. (March 12, 1980)...................................... 202 Presidential Power to Expel Diplomatic Personnel from the United States. (April 4, 1980)............................................................ 207 Legality of Certain Nonmilitary Actions Against Iran. (April 16, 1980)...................................................................................................... 223 Litigation Responsibility of the Attorney General in Cases in the International Court of Justice. (April 21, 1980)............................ 233 Presidential Power to Regulate Domestic Litigation Involving Iranian Assets. (June 25, 1980).......................................................... 236 Suspension of the Foreign Sovereign Immunities Act in Litiga­ tion Involving Iranian Assets. (July 22, 1980)............................... 244 Presidential Authority to Settle the Iranian Crisis. (September 16, 1980)......................................... ............................................................ 248 Congressional Power to Provide for the Vesting of Iranian De­ posits in Foreign Branches of United States Banks. (September 16, 1980)....... ........................................................................................ 265 Presidential Authority to Permit the Withdrawal of Iranian Assets Now in the Federal Reserve Bank. (October 8, 1980).... 273 Presidential Authority to Settle Claims of the Hostages and Their Families. (October 14, 1980)............................................................. 286 Congressional Authority to Modify an Executive Agreement Set­ tling Claims Against Iran. (November 13, 1980)........................... 289 Effect Within the United States of Iranian Decrees Confiscating the Shah’s Assets. (November 17, 1980)......................................... 292 Diverting Oil Imports to United States Allies. (January 12, 1981). 295 Legality of the International Agreement with Iran and Its Imple­ menting Executive Orders. (January 19, 1981).............................. 302 Review of Domestic and International Legal Implications of Im­ plementing the Agreement with Iran. (January 29, 1981)............ 314 Whether the Agreement with Iran Can Be Treated as Void in Part. (February 5, 1981).................................................................... 330 viii Opinions of the Office of Legal Counsel in Volume 4B Contents Page Constitutionality of Affording Reduced Postal Rates to Commit­ tees of the Major Political Parties. (January 4, 1980)................... 335 Constitutionality of
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