2 Citing briefs
Free Enterprise Fund et al v. Public Company Accounting Oversight Board et al
REPLY to opposition to motion re Cross MOTION for Summary Judgment, 41 MOTION for Summary Judgment, 28 MOTION for Summary Judgment Combined With Plaintiffs' Opposition to Defendants' and the United States' Cross-Motions for Summary Judgment
Filed September 22, 2006
The Attorney General may exercise the power of any official within the Department of Justice. See 28 U.S.C. § 509. If, however, the Solicitor General were appointed by the Attorney General but not removable by him except in narrow circumstances, it is inconceivable that the Attorney General’s ability to supplant the Solicitor General would cure the constitutional problem.
Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice et al
Memorandum in opposition to re MOTION to Dismiss
Filed December 23, 2013
First, there can be no dispute OLC resolves disputes between parties; an executive order directs agency heads to submit inter-agency disputes to the attorney general, that are, in turn, delegated to OLC for resolution, “[w]henever two or more Executive agencies are unable to resolve a legal dispute between them[.]” Exec. Order No. 12, 146, § 1-501, 3 C.F.R. § 409 (1979), reprinted as amended in 28 U.S.C. § 509 (1988). OLC’s Best Practices Memo also confirms this practice; the memo states: “A written opinion is most likely to be necessary when the legal question is the subject of a concrete and ongoing dispute between two or more executive agencies.”