Academic journal article Journal of Power and Ethics

OGE Memo (DAEOGram DO-96-012), Subject: Honoraria (February 28, 1996)

Academic journal article Journal of Power and Ethics

OGE Memo (DAEOGram DO-96-012), Subject: Honoraria (February 28, 1996)

Article excerpt

February 28, 1996
DO-96-012

MEMORANDUM TO: Designated Agency Ethics Officials, General Counsels and Inspectors General

FROM: Stephen D. Potts Director

SUBJECT: Honoraria

On February 26, 1996, the Office of Legal Counsel (OLC) at the Department of Justice issued an opinion concerning the decision of the United States Supreme Court in National Treasury Employees Union v. United States, 115 S. Ct. 1003 (1995) (NTEU). In NTEU, the Court found that the honoraria ban at 5 U.S.C. app. * 501(b) violated the First Amendment rights of persons on whose behalf the case was brought. During the course of the litigation, the parties stipulated that the case was being brought on behalf of persons "below grade GS-16." In its opinion, OLC concluded that the Supreme Court's ruling "effectively eviscerated" the honoraria prohibition and that no remaining applications of the statute exist. In accordance with OLC's interpretation, the Department of Justice has determined that the honoraria prohibition cannot be enforced against any Government employee, including employees of the legislative and judicial branches and high-level executive branch officials. …

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