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Whether the Second Amendment Secures an Individual Right, (2004)
United States Attorneys General Filed: Aug. 24, 2004

Whether the Second Amendment, Secures an Individual Right, The Second Amendment secures a right of individuals generally, not a right of states or a right, restricted to persons serving in militias. Regarding arms, he proposed that the Constitution, be never construed to authorize Congress .

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Use of Appropriations to Pay Travel Expenses of International Trade Administration Fellows, (2004)
United States Attorneys General Filed: Oct. 07, 2004

Because the proposed ITA program would qualify as a meeting within the, meaning of section 1345, ITA may not pay the attendees travel expenses unless, Congress has specifically provided by law for the payment of private individu-, als travel expenses to such a meeting.

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Terms of Members of the Civil Rights Commission, (2004)
United States Attorneys General Filed: Nov. 30, 2004

Terms of Members of the Civil Rights Commission, The six-year term of a member of the United States Commission on Civil Rights runs from the date on, which his or her predecessors term ends, not from the date of the members appointment., The holding in the Wilson case is squarely applicable here.

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Status of the Foreign Claims Settlement Commission, (2004)
United States Attorneys General Filed: Feb. 20, 2004

Status of the Foreign Claims Settlement Commission, The Foreign Claims Settlement Commission is subject to the Attorney Generals direction in adminis-, trative matters, except where that direction would interfere with the Commissions independence in, adjudicating claims.Reorganization Plan § 3.

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Status of National Veterans Business Development Corporation, (2004)
United States Attorneys General Filed: Mar. 19, 2004

Status of National Veterans Business, Development Corporation, The National Veterans Business Development Corporation is a Government corporation under, 5 U.S.C. § 103 and an agency under 31 U.S.C. § 9102. Congress has specified where the NVBDC may deposit its funds.219 (2000) (2000 Opinion).

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Requirement That "Private Citizens" Be Appointed From "Private Life" to the National Council for the Humanities, (2004)
United States Attorneys General Filed: Aug. 27, 2004

Websters Third Intl, Dictionary of the English Language 1804 (2002).Wilson International Center for Scholars (June 27, 1975) (opining that members, may remain on the board of the Wilson Center after becoming public officials but, may not hold public office at the time of their appointment);

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"Protected Person" Status in Occupied Iraq Under the Fourth Geneva Convention, (2004)
United States Attorneys General Filed: Mar. 18, 2004

Protected Person Status in Occupied Iraq Under the, Fourth Geneva Convention, The Geneva Convention Relative to the Protection of Civilian Persons in Time of War (IV) governs the, United States occupation of Iraq. As a non-, State actor, al Qaeda lacks any territory that could possibly be occupied.

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Political Balance Requirement for the Civil Rights Commission, (2004)
United States Attorneys General Filed: Dec. 06, 2004

You have asked for our opinion concerning the proper interpretation of the, statutory provision that [n]ot more than 4 of the members of the United States, Commission on Civil Rights (Commission) shall at any one time be of the, same political party.

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Mechanisms for Funding Intelligence Centers, (2004)
United States Attorneys General Filed: Mar. 19, 2004

Mechanisms for Funding Intelligence Centers, Agencies may use the Economy Act to pay for facilities and services provided by the Terrorist Threat, Integration Center and the Terrorist Screening Center., TTIC is an interagency joint venture that . These riders state that notwithstanding .

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Liability of Contractors in Airbridge Denial Programs, (2004)
United States Attorneys General Filed: Mar. 01, 2004

Liability of Contractors in Airbridge Denial Programs, A contractor ordinarily will not be criminally liable for assisting in certain foreign government, programs for the aerial interdiction of illegal narcotics traffic. United States v. Bey, 736 F.2d 891, 895 (3d Cir., 128 F.3d 233, 251 (4th Cir.

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Legality of EEOC's Class Action Regulations, (2004)
United States Attorneys General Filed: Sep. 20, 2004

Finally, you contend that EEOCs class action regulations are inconsistent with, the limitations period set forth in 42 U.S.C. § 2000e-16(c), which allows a, complainant to file a civil action in federal district court only within ninety days of, receipt of notice of final agency or EEOC action.

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Expenditure of Appropriated Funds for Informational Video News Releases, (2004)
United States Attorneys General Filed: Jul. 30, 2004

The legislative history of the, original appropriations riders thus suggests that Congress understood and em-, braced the distinction between true propaganda and legitimate information, about government programs, and did not intend for the appropriations riders to, restrict the latter.Nicaragua.

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Ethical Issues Raised by Retention and Use of Flight Privileges by FAA Employees, (2004)
United States Attorneys General Filed: Aug. 30, 2004

Many, if not most, FAA matters relating to the air carrier would likely have, no direct and predictable effect on the airlines ability to honor an employees, flight privileges and would likely not financially affect the employees interests, within the meaning of the statute.(i) [a] person .

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Deployment of United States Armed Forces to Haiti, (2004)
United States Attorneys General Filed: Mar. 17, 2004

Deployment of United States Armed Forces to Haiti, The President has authority to order the deployment of the armed forces to Haiti in order to protect, American citizens there. U.S. Const. Article II also, makes the President the Chief Executive. See Address to the Nation on Haiti, 2 Pub.

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Definition of Torture Under 18 U.S.C. §§ 2340–2340A, (2004)
United States Attorneys General Filed: Dec. 30, 2004

See CAT arts., Although Congress defined torture under sections 2340–2340A to require, conduct specifically intended to cause severe pain or suffering, we do not, believe Congress intended to reach only conduct involving excruciating and, agonizing pain or suffering. Vonn, 535 U.S. at 65.

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Authority to Prescribe Regulations Limiting the Partisan Political Activities of the Commissioned Officers Corps in the National Oceanic and Atmospheric Administration, (2004)
United States Attorneys General Filed: Jul. 29, 2004

and agencies internal operations.The proposed Hatch Act-like regulations, by contrast, would govern only the, conduct of government employees, and would not directly affect the rights and, obligations of private parties pursuant to the regulatory jurisdiction of the Depart-, ment.

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Authority of HUD's Chief Financial Officer to Submit Final Reports on Violations of Appropriations Laws, (2004)
United States Attorneys General Filed: Aug. 31, 2004

we conclude that the FY 2003 Appropriations Act does require the CFO to report, to the President and Congress on violations of the ADA and other applicable, appropriations statutes, but that the CFOs reports are subject to prior review and, approval by the Secretary or the President.1

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Authority of Agency Officials to Prohibit Employees From Providing Information to Congress, (2004)
United States Attorneys General Filed: May 21, 2004

Congress may not, vest lower-ranking personnel in the Executive branch with a right, to furnish national security or other privileged information to a, member of Congress without receiving official authorization to do, so. 92 (1998), (Moss Testimony). CRS Memo at CRS-2 n.7.

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Assertion of Constitutionally Based Privilege Over Reagan Administration Records, (2004)
United States Attorneys General Filed: Jan. 12, 2004

, In addition to being subject to the presidential communications privilege, these, deliberative and predecisional documents are also subject to the government-wide, deliberative process component of the Presidents constitutionally based privileg-, es.This Court held in United States v. Nixon .

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Apportionment of False Claims Act Recoveries to Agencies, (2004)
United States Attorneys General Filed: Mar. 12, 2004

2 Federal Appropriations Law at 6-106., The OPM Fund is not authorized to borrow money at interest, but as long as the, Fund is not in deficit during the period between the payment and the recovery of a, false claim, the false claim results in lost interest income.

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