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    "title": "Clemency Program - General (6)",
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    "collections": [
        "Philip W. Buchen Files",
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    "subjects": [
        "President (1974-1977 : Ford). Presidential Clemency Board. (09/16/1974 - 09/15/1975)",
        "Veterans",
        "Amnesty",
        "Legislative liaison"
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    "ocrText": "The original documents are located in Box 5, folder \"Clemency Program - General (6)\" of\nthe Philip Buchen Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nE. FREDERIC MORROW\n1270 Fifth Avenue\nNew York, New York\n[sept 1975?]\n10029\nTo The Editor:\nThe September 20th issue of the Times contained a major story with\nthe headline: \"Clemency Board Minority Finds Program Distorted by\nMajority.\" The body of the story proceeded to accuse the chairman,\nCharles E. Goodell, and his staff of misinterpreting, circumventing\nand violating at least the spirit of the Presidential order establishing\nthe amnesty program for Vietnam war resisters. It also suggested that\nwhen the Board was expanded in May from nine to eighteen members,\nSenator Goodell \"stacked\" the panel so that it became \"a more\namnesty-oriented, Goodell-influenced group.\"\nMost of the members of the Board had never met Senator Goodell,\nand were appointed by the President for reasons he considered pertinent.\nIt is therefore presumptuous for anyone to accuse Senator Goodell of\n\"stacking\" the President's Board.\nThe cloak-and-dagger tactics of the \"minority four\" in preparing their\nreport would shame the C.I.A. No other Board members were ever\npermitted to see the report, and these four members - all military men-\nwere afflicted with an anti-clemency attitude that was hard to comprehend.\nThey were never able to rise above their mistaken convictions of why they\nwere there or the reason for the creation of the Board.\nNo American has a monopoly on patriotism - no matter what his rank,\nposition or economic status. And I am certain the \"majority members\" of\nthe Board resent bitterly the impugning of their motives, their acts, and\nvelled assertions of disloyalty to the President and our country.\nThe sincerity of the \"minority\" report is suspect. It would have been\nmuch more convincing if these disenchanted members had resigned in pro-\ntest against the \"Incompetence\" of the majority early in the Board's\ndeliberations. But they chose to hang on, basking in the glory of a\nPresidential appointment and offering only negative assistance.\n(continued...)\nFORD is LIBRARY\nDigitized from Box 5 of the Philip Buchen Files at the Gerald R. Ford Presidential Library\nAnyone can function one hundred percent as a critic. What\nthe Clemency Board needed this past hot summer in Washington\nwas not Inside critics, but dedicated, sincere workers offering\nsolutions to difficult problems.\nin\nE. Frederic Morrow\nMember,\nPresident's Clemency Board\nNew York, New York\nSeptember 26, 1975\nGERALD LIBRARY ? FORD\n[sept 1975?]\nTHE WHITE HOUSE\nWASHINGTON\nForday\nFORD - 074820 LIBRARY\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nMemorandum For:\nPhilip Buchen\nFrom:\nGeneral Lewis W. Walt\nSubject:\nApplicants with felony convictions who have been\nrecommended for a Presidential Pardon by the PCB\nAttached is a summary of 100 cases who have been convicted of a felony\nand either have been or will be submitted to the President. This\nrepresents approximately 5% of the applicants who have a felony con-\nviction on their record. The following represents the recommendations\nof the PCB for these cases:\n2 - No Clemency\n26 - Full and Unconditional Pardon\n8 - Pardon after 3 months Alternative Service\n1 - Pardon after 4 months Alternative Service\n2 - Pardon after 5 months Alternative Service\n26 - Pardon after 6 months Alternative Service\n2 - Pardon after 7 months Alternative Service\n20 - Pardon after 9 months Alternative Service\n1 - Pardon after 10 months Alternative Service\n12 - Pardon after 12 months Alternative Service\nI voted for No Clemency on all of these cases but was out-voted.\nI recommend that the President disapprove the above recommendations of\nthe PCB and that No Clemency be granted. Further, I recommend that all\nfuture recommendations of the PCB pertaining to applicants who have\nbeen convicted of a felony be properly identified in a separate packet\nto the President.\nDRD\nCase Number\nDecision\nDate of Decision\nFelony\n634\n6 months\n8/13\nSale of Marijuana\n1077\nmonths\n7/2\nBurglary\n1825\n12 months\n8/23\nTransportation of\nStolen Vehicle\n2209\n6 months\n8/30\nCarnal Knowledge of\na female under 12\n2253\n6 months\n8/24\nLarceny & Forgery\n2382\n3 months\n8/23\nStolen Vehicle\n2415\n6 months\n7/2\nBurglary\n2698\n9 months\n6/26\nPossession of Stolen\nProperty\n2888\n10 months\n8/7\n2nd degree Burglary\n2964\n12 months\n8/13\nUnauthorized use of\nAutomobile\n3079\n9 months\n8/6\nBurglary 2 counts\n3091\n5 months\n9/4\nBurglary Currently\nConfined\n3148\n6 months\n8/20\nBreaking and Entering,\nPossession of Drugs\n3681\n6 months\n7/2\nTheft, Burglary\n3856\n9 months\n8/24\nUnarmed Robbery\nFORD LEGRARY\n3914\n9 months\n6/25\nDrugs\n4384\n12 months\n6/5\nForgery\nCase Number\nDecision\nDate of Decision\nFelony\n4443\n3 months\n8/24\nBad Checks\n4481\nPardon\n8/6\nFalse Statement\nto Secure Firearms\n4640\n3 months\n8/24\nHouse Burglary\n4697\nPardon\n8/24\nPossession of\nDangerous Drugs -\n2nd degree Burglary\n4912\n12 months\n8/22\nGrand Larceny\n4998\n9 months\n8/20\nAttempted Escape &\nAuto Theft\n5174\n12 months\n8/7\nLarceny\n5246\n12 months\n8/6\nBreaking & Entering\nUnauthorized use\nof Motor Vehicle\n5329\nPardon\n8/7\nArmed Robbery\nCurrently Confined\n5688\n6 months\n7/8\nBurglary\n5734\n6 months\n8/14\nInvoluntary Manslaughter\nCurrently Confined\n6076\nPardon\n8/30\n2nd degree Robbery\nCurrently Confined\n6440\n9 Months\n8/6\nAttempted Burglary\nCurrently Confined\n6630\nPardon\n8/23\nRobbery Probation\nCase Number\nDecision\nDate of Decision\nFelony\n7082\n3 months\n6/23\nPossession of Drugs\nOn Probation\n7599\nPardon\n8/23\nBank Robbery\nOn Parole\n7940\n6 months\n6/17\nStolen Vehicle\nFalse Statement on\nPassport\nCurrently Confined\n10006\nPardon\n7/2\nBreaking & Entering\nParole\n10040\n12 months\n7/2\nAccessory to Theft\nover 200,00\nCurrently Confined\n10044\n6 months\n8/13\nFirearms Violation\nEscape from Prison\n10420\n7 months\n8/31\nDist. LSD\n10462\nNo Clemency\n6/4\nTwo Assault Charges\n11942\nPardon\n7/16\nForged Checks\nCurrently Confined\n11613\n12 months\n8/23\nBreaking & Entering\nCurrently Confined\n16673\nPardon\n8/22\nPassing Counterfeit\nMoney\nCurrently Confined\n8181\nPardon\n8/6\nBreaking & Entering\n8194\nPardon\n8/24\nBreaking & Entering\nCase Number\nDecision\nDate of Decision\nFelony\n8295\n6 months\n8/30\n5 felony Charges\n2 counts Grand Larceny\n2nd Degree Burglary\n8704\nPardon\n8/23\nGrand Larceny\nAssault w/Intent to\nMurder\n8711\nPardon\n7/8\n2nd Degree Forgery\nCurrently Confined\n8715\n6 months\n8/13\nSale & Possession of\nnarcotics\n8717\n9 months\n8/24\nInterstate Transportation\nMotor Vehicle & Escape\nfrom Confinement\n8843\n5 months\n8/3\nBurglary\n9246\n9 months\n8/6\nBurglary, Larceny\nAuto Tampering\nCurrently Confined\n9399\nPardon\n8/31\nTheft of Mail\n9411\n6 months\n8/24\nGrand Larceny\nAuto\n9538\nPardon\n8/13\nAssault & Battery\nForgery\n12121\nNo Clemency\n6/26\nBreaking & Entering\nPresently Confined\n12162\nPardon\n7/8\nBurglary & Robbery\n12240\nPardon\n8/6\nUnauthorized Use of\nMotor Vehicle\nCase Number\nDecision\nDate of Decision\nFelony\n12255\n6 months\n8/23\nPossession of Marijuana\n12780\nPardon\n8/23\nBurglary & Possession\nof Marijuana\n12988\n9 months\n8/13\nHouse Breaking\n13007\n4 months\n8/23\nAttempted Burglary\n13032\n9 months\n8/30\nBurglary 2 Convictions\n13057\n6 months\n8/13\nLarceny of Weapon and\nCash\n13159\nPardon\n7/25\nAggravated Assault\n13267\n7 months\n8/20\nPossession of Heroin\n13593\n3 months\n7/8\nPossession of Controled\nSubstance\nCurrently Confined\n13722\nPardon\n8/21\nFraud, Impersonating a\nNaval Officer\n13747\n9 months\n8/23\nControled Substance\nViolation\nCurrently Confined\n14043\n9 months\n8/31\nPossession of Stolen\nMail & Treasury Checks\nCurrently Confined\n14464\n3 months\n7/9\nGrand Theft Auto\nPossession of Dangerous Drugs\n14531\n6 months\n8/31\nInvoluntary Manslaughter\nCase Number\nDecision\nDate of Decision\nFelony\n14551\n3 months\n8/23\nDelevery of Heroin\nCurrently Confined\n14623\n3 months\n8/13\nPossession of Stolen Goods\nBreaking & Entering of\nAutomobile\nPardon\n8/13\n1st Degree Manslaughter\n14938\n9 months\n8/13\nBurglary\nCurrently Confined\n14950\n6 months\n8/21\nBurglary\n14951\nPardon\n8/14\nBurglary, Possession\nof Marijuana\nCurrently Confined\n14992\n12 months\n8/13\nArmed Robbery\nCurrently Confined\n15293\n6 months\n8/20\nArmed Robbery\nPresently Confined\n15305\nPardon\n8/23\nGrand Larceny\n15343\nTabled\n8/30\nPossession of Dangerous\ndrugs w/intent to sell\nDrawing weapon on officer\n15359\n6 months\n8/23\nViolation of Control\nSubstance Act (Heroin)\nPresently Confined\n15368\n6 months\n8/13\nDistribution of Narcotics\nPresently Confined\n15381\n6 months\n8/13\nUttering Forged\nFORD\nInstruments\nPresently Confined\nCase Number\nDecision\nDate of Decision\nFelony\n15400\nPardon\n8/24\nStatutory Rape\nPresently Confined\n15477\n9 months\n8/24\nBurglary\nPresently Confined\n15487\n6 months\n8/13\nForgery - failure to\nsupport minor children\nNCG Homicide\n15518\nPardon\n8/13\nPossession of Stolen\nMoney Orders, Escape\nfederal custody\nPresently confined\n15539\n9 months\n8/23\nTheft, forgery and\nPossession of U.S. Treasury\ncheck. Presently Confined.\n15926\nPardon\n8/23\nAttempted Murder\nShot up a Bar\nGunfight with Police\n17063\n6 months\n9/4\nwriting Bad Checks\nPresently Confined\nFORD\nLIBRARY\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 2, 1975\nMEMORANDUM FOR:\nPHIL BUCHEN\nFROM:\nDON RUMSFELD\nSubject: Clemency Board Proposal\nWe visited this morning on the subject. It is my understanding\nthat the Counsel's office is reviewing each one of the Clemency\nBoard's recommended actions and that thus far you have con-\ncurred with each decision of the Clemency Board. Is that\ncorrect? I assume you are taking a good hard look at what\nis being proposed by way of specific actions both with respect\nto individuals and recommendations. In any event, that's the\nPresident's desire.\nto LENALE FORD\nTHE WHITE HOUSE\nWASHINGTON\n9/3\nMr. Buchen\nGeneral Walt has\ngiven permission for you\nto mention Walt's\nmeeting with you and\nJack Marsh, and to\nrefer to the attached\nletter which was called\nto your attention.\nJay\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nJune 4, 1975\nMr. L. T. McKnelly\nCollege Coordinator\nUnited States Penitentiary\nP.O. Box 1000\nLeavenworth, Kansas 66048\nDear Mr. McKnelly:\nAs we discussed in our telephone coversation today I am\nenclosing 75 Presidential Clemency Board application kits\nfor use by potential applicants currently incarcerated\nin the penitentiary at Leavenworth. These should be\ncompleted as fully as possible and returned to us no\nlater than June 15 for processing.\nDue to our previous error and the consequent delay, we would\nappreciate your sending all the completed applications in\none return package.\nOnce again, I want to offer my sincere apologies for the\nmix-up. Please be assured that these applications will\nreceive our fullest attention.\nSincerely,\nCarolyn\nCarolyn J. Swanson\nStaff Assistant\nFORD\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 12, 1975\nADMINISTRATIVELY CONFIDENTIAL\nMEMORANDUM TO:\nPHIL BUCHEN\nJACK MARSH\nJIM CONNOR\nDICK CHENEY\nFROM:\nRUSS ROURKE\nR\nGeneral Walt called me again this morning to make one final comment\nwith regard to the wrap-up of the Clemency Board.\nHe has agreed to cancel the press conference he had scheduled for\ntoday and to reject the invitation he had to be a guest on \"Meet the\nPress\". He has, however, met with a number of veterans organiza-\ntions and newspaper and magazine reporters concerning what he feels\nare the \"excesses\" of the Board. In brief, it is General Walt's view\nthat the majority of the Board is commited to a program of general\namnesty and that the actions of the Board, thus far, have been an effec-\ntive precursor to that end.\nIn the best interests of the President, General Walt simply suggests\nthat the President do nothing and say nothing that would be interpreted\nas an endorsement of the actions taken by the Board. Walt is convinced\nthat a number of reporters, having been briefed by him and others, are\nprepared to pounce on the Board, once its final report is made public.\nIf the President endorses the actions of the Board, they will turn on him\nwith equal vigor.\nGeneral Walt is interested in seeing to it that the President does not\nplace himself in a vulnerable position.\nFor the above reasons, it is suggested that no statement be released\nby the President, or in his behalf, at the conclusion of the Board's work.\nSecondly, General Walt advises against the scheduling of any reception\nfor the members of the Board and the detailees who worked with the Board.\nHe agreed that a meeting with the President for a small representative\ngroup from the Board was a practical, if not unavoidable, necessity.\nTHE WHITE HOUSE\nClamancy\nWASHINGTON\nSeptember 12, 1975\nADMINISTRATIVELY CONFIDENTIAL\nMEMORANDUM TO:\nPHIL BUCHEN\nJACK MARSH\nJIM CONNOR\nDICK CHENEY\nFROM:\nRUSS ROURKE\nR\nGeneral Walt called me again this morning to make one final comment\nwith regard to the wrap-up of the Clemency Board.\nHe has agreed to cancel the press conference he had scheduled for\ntoday and to reject the invitation he had to be a guest on \"Meet the\nPress\". He has, however, met with a number of veterans organiza-\ntions and newspaper and magazine reporters concerning what he feels\nare the \"excesses\" of the Board. In brief, it is General Walt's view\nthat the majority of the Board is commited to a program of general\namnesty and that the actions of the Board, thus far, have been an effec-\ntive precursor to that end.\nIn the best interests of the President, General Walt simply suggests\nthat the President do nothing and say nothing that would be interpreted\nas an endorsement of the actions taken by the Board. Walt is convinced\nthat a number of reporters, having been briefed by him and others, are\nprepared to pounce on the Board, once its final report is made public.\nIf the President endorses the actions of the Board, they will turn on him\nwith equal vigor.\nGeneral Walt is interested in seeing to it that the President does not\nplace himself in a vulnerable position.\nFor the above reasons, it is suggested that no statement be released\nby the President, or in his behalf, at the conclusion of the Board's work.\nSecondly, General Walt advises against the scheduling of any reception\nfor the members of the Board and the detailees who worked with the Board.\nHe agreed that a meeting with the President for a small representative\ngroup from the Board was a practical, if not unavoidable, necessity.\nLALO FORD LIBRAN\n15 September 1975\n9/17/75\nMEMORANDUM\ngivents Buss Rounks\nat Col, Benson's\nTO:\nChairman Charles Goodell\nrequest.\nFROM:\nGeneral Walt\nMr. Dougovito\nSUBJECT: Upgrade Cases, Recomendation\nConcerning\nTo date there have been 25 cases tentatively recommended for upgrade.\nThere are still over 200 cases which have not been considered and due\nto the Board's termination date of 15 September 1975, they cannot be\nconsidered. It was the consenses of the Full Board and the strong\nposition of the Department of Defense that all the upgrade cases should\nbe considered at one time. We also believe that each case must have a\ncareful final check to make sure that all facts presented in the brief\nare accurate and that the applicant is not now in trouble with the law.\nWe, therefore, are definitely opposed to approving only the 25 cases\nwhich have been tentatively acted on by the Upgrade Panel.\nWe recommend that the upgrade program of the Clemency Board be abandoned\nand that the 25 tentatively above cases and the 207 cases not yet acted\non by the Upgrade Panel be turned over to the Review Boards of the Da-\nfense Department for special consideration. We are still firm in our\nbelief that there are many deserving applicants in this group who should\nbe given the veteran's benefits.\nFORD is LIBRARY 0ERALD\nLowis W. Walt\nJames P. Dougovito\nBoard Member\nBoard Member\nTHE WHITE HOUSE\nWASHINGTON\n10/20\nMr. Buchen:\nMarty Hoffmann's\noffice asks that we\nignore this letter; no\nresponse is necessary.\nDOD has directed\nalready that these 200\ncases be Processed.\nDay\nFORD\nLIBRARY is ALD -\nFor Jay to review\nof Provide me with\nadvise.\nin\nFORD\nLII check Tray G-\nGERALD\nVERARY department incolved\nare thro other\nClemency\nDEFENSE\nSECRETARY OF THE ARMY\nWASHINGTON\nAMERICA\nOF\n11 OCT 1975\nThe Honorable Philip W. Buchen\nCounsel to the President\nThe White House\nWashington, D.C. 20500\nDear Phil:\nThe Department of the Army has been asked by the Presidential\nClemency Board, through the Office of the Secretary of Defense, to\nprocess certain individuals for executive clemency under the provi-\nsions of Presidential Proclamation 4313. Essentially, the cases all\ninvolve deserters-at-large who contacted the Presidential Clemency\nBoard prior to March 31, 1975, and indicated their desire to partici-\npate in the program of presidential clemency. As a result of adminis-\ntrative neglect at the Presidential Clemency Board, it was not dis-\ncovered until after the expiration of the period of eligibility that these\nindividuals were properly subject to military jurisdiction, and thus,\nnot within the authority of the Board.\nDepartment of the Army believes that individuals in this situation\nare entitled to consideration of some kind. Their failure to return to\nmilitary control and be processed under the procedures established for\nthe program of presidential clemency was due to no fault of their own.\nWhen the program originally expired on March 31, 1975, there were 51\nindividuals who, again through no fault of their own, were physically\nunable to return to military control for processing under the program,\ne.g. jail, hospital, etc. We determined at that time to treat prior\nexpressions of interest as a \"constructive reporting\" for purposes of\nthe program. Indications are that there are approximately 200 individ-\nuals who have applied to and been overlooked by the Board.\nFORD LIBRAFT\nUnless you have some objection, we plan to treat the previous\nattempt of these individuals to report to the Presidential Clemency\nBoard as a \"constructive reporting\" and process them for executive\nclemency under the same rules that obtained with respect to the\nmilitary deserter part of the President's Clemency Program.\nSincerely,\nMarty Hoffmann\nFORD LIBRAR,\n2\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nOctober 20, 1975\nMEMORANDUM TO:\nCharles PHIL BUCHEN E. Goodell\nFROM\n:\nCHARLES E. GOODELL\nSUBJECT\n:\nDISPOSITION OF PERSONAL PAPERS OF\nBOARD MEMBERS\nWith the completion of the work of the Presidential Clemency\nBoard, a number of Board Members have expressed their\nintention to retain their personal copies of the materials\ngenerated during the year. One member is now using her\npapers as part of a course in government at the Kennedy\nSchool of Government. Father Hesburgh will be depositing\nhis papers at the University of Notre Dame where his Civil\nRights Commission papers are now located. The University\nwishes to have them conveniently available for research\npurposes and is already planning an initial research project.\nI will probably deposit my own papers with the New York\nPublic Library where my Congressional papers are located or\nwith Father Hesburgh's at his University.\nThe Board developed a wealth of information during the course\nof its work and it would be extremely worthwhile if this\nknowledge were made available for future scholarship. All of\nthese materials are personal copies of Board Members. The\noriginals are being submitted to the Archives for official\nretention. I see no problems in the planned disposition of\nthe duplicates, and I am writing you this memo merely to inform\nyou of these intentions. If you see any difficulties, I hope\nyou will contact me promptly.\nTHE WHITE HOUSE\ndimary\nWASHINGTON\nNovember 6, 1975\nDear Charlie:\nThank you for your recent memorandum concerning the disposition\nof the papers of former members of the Presidential Clemency\nBoard. However, there are two problems that should be resolved\nprior to the disposition of these papers outside of Government\ncontrol.\nAs I am sure you are aware, the question of ownership of Presidential\npapers is now in litigation. Enclosed are the guidelines used by the\nprevious Administration which describe the categories of materials\nthat staff members can take with them on departure. Inasmuch as\nthe present litigation does not appear to affect these guidelines, we\nhave continued to follow them in order to preserve the status quo.\nIn view of the unique nature of the Board's functions, these guide-\nlines should be applied in this instance.\nThe second problem relates to the confidentiality of the materials\nwhich the guidelines authorize to be taken on departure. Although\nthe Board's papers are not now subject to the specific safeguards\nof the Privacy Act of 1974, P.L. 93-579, any disposition of these\npapers should also take into account the protection of individual\nprivacy which the Act seeks to assure. In effect, the Board has\nalready made this determination by its regulation guaranteeing the\nconfidentiality of communications to the Board from applicants\nand potential applicants, 2 CFR 100. 12(a).\nIn view of this regulation and in order to comply fully with the\nspirit of the Privacy Act, appropriate guidelines should be developed\nFORD\n-2-\nprior to the disposition of any of these materials to points outside\ngovernment control. My staff would be pleased to discuss further\nthese matters with you at your convenience.\nWith best wishes,\nSincerely,\nThil\nPhilip W. Buchen\nCounsel to the President\nThe Honorable Charles E. Goodell\nHydeman, Mason & Goodell\n1225 - 19th Street, N.W.\nWashington, D.C. 20036\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nOctober 20, 1975\nMEMORANDUM TO:\nCharles PHIL BUCHEN E. Goodell\nFROM\n:\nCHARLES E. GOODELL\nSUBJECT\n:\nDISPOSITION OF PERSONAL PAPERS OF\nBOARD MEMBERS\nWith the completion of the work of the Presidential Clemency\nBoard, a number of Board Members have expressed their\nintention to retain their personal copies of the materials\ngenerated during the year. One member is now using her\npapers as part of a course in government at the Kennedy\nSchool of Government. Father Hesburgh will be depositing\nhis papers at the University of Notre Dame where his Civil\nRights Commission papers are now located. The University\nwishes to have them conveniently available for research\npurposes and is already planning an initial research project.\nI will probably deposit my own papers with the New York\nPublic Library where my Congressional papers are located or\nwith Father Hesburgh's at his University.\nThe Board developed a wealth of information during the course\nof its work and it would be extremely worthwhile if this\nknowledge were made available for future scholarship. All of\nthese materials are personal copies of Board Members. The\noriginals are being submitted to the Archives for official\nretention. I see no problems in the planned disposition of\nthe duplicates, and I am writing you this memo merely to inform\nyou of these intentions. If you see any difficulties, I hope\nyou will contact me promptly.\n§ 101.11\nTitle 2-Clemency\n(3) As to any person denied executive\nplicant is entitled to representation and\nclemency, again not recommend the ap-\nwill be encouraged to seek legal counsel\nplicant for executive clemency.\nexperienced in military or selective serv-\n§ 101.11 Referral to appropriate agen-\nice law. Upon request, Board staff\ncies.\nwill attempt to refer an applicant to a\nskilled volunteer representative.\nAfter the expiration of the period\n(b) An applicant who does not wish\nallowed for petitions for reconsideration,\nto file his application in person may have\nthe Chairman of the Board shall forward\nhis representative do so on his behalf.\nfor further action to the Secertaries of\nthe Army, Navy, and Air Force, the\n§ 101.14 Requests for information about\nSecretary of the Department of Trans-\nthe clemency program.\nportation, the Director of the Selective\n(a) Upon receipt by the Board of an\nService System, and the Attorney\noral or written request for information or\nGeneral, as appropriate, the President's\nconsideration concerning an individual\ndetermination as to each recipient of\nwho is clearly beyond the jurisdiction of\nexecutive clemency.\nthe Board, a member of the Board's staff\n$ 101.12 Confidentiality of communica-\nshall inform the individual:\ntions.\n(1) That jurisdiction does not lie;\n(2) Whether jurisdiction may lie\n(a) The Board has determined that it\nwithin the Presidential clemency pro-\nwill take all steps possible to protect the\ngram, and if so, with which agency;\nprivacy of applicants and potential ap-\n(3) That in the event the individual\nplicants to the Presidential clemency\nprefers not to contact personally such\nprogram. No personal information con-\nother agency that an Action Attorney\ncerning an applicant or potential ap-\nwill obtain from such other agency in-\nplicant and related to the Presidential\nformation concerning the individual's\nclemency program will be made known\nstatus with respect to the Presidential\nto any agency, organization, or individ-\nclemency program, and provide to the\nual, whether public or private, unless\nindividual that information.\nsuch disclosure is necessary for the\n(b) The Action Attorney shall submit\nnormal and proper functioning of the\nto the Executive Secretariat of the Presi-\nPresidential Clemency Board. How-\ndential Clemency Board a summary of\never, information which reveals the\nthe communication with, and informa-\nexistence of a violation of law (other\ntion provided to, such individuals.\nthan an offense subject to the Presi-\nch\ndential clemency program) will of neces-\nAPPENDIX A1\nth\nsity be forwarded to the' appropriate\nAPPENDIX B-INSTRUCTIONS FOR APPLICATION\nta\nauthorities.\nFOR CLEMENCY\n(b) In order to have his case con-\nOn September 16, 1974, the President an-\nyo\nsidered by the Board, an applicant\nnounced a program of clemency. Depending\nneed submit only information sufficient\non your case, you may apply to the Presi-\nfor a determination of jurisdiction, and\ndential Clemency Board, the Department of\nlei\nfor the retrieval of necessary official\nJustice, or the Department of Defense.\nrecords and files. The application\nYou may be eligible for clemency by the\nac\nform will therefore require the ap-\nPresidential Clemency Board if you have\ntic\nbeen convicted of a drait evasion offense\nplicant's name; date of birth; selective\nsuch as failure to register or register on time:\nservice number; military service and\nth\nfailure to keep the local board informed of\nservice number, if applicable; informa-\ncurrent address; failure to report for or sub-\ntion concerning the draft evasion of-\nmit to pre-induction or induction examina-\nW\nfenses or absence-related military of-\ntion; failure to report for or submit to or\n45\nfenses and the disposition thereof; and\ncomplete service, during the period from\nse\nthe mailing address of either the appli-\nAugust 4, 1964 to March 28, 1973; or if you\ncant or his representative. If the appli-\nhave received an undesirable, bad conduct,\nth\nor dishonorable discharge for desertion, ab-\nbe\ncant submits such information as part\nsence without leave, or missing movement,\nin\nof his initial filing, the completion of the\nand for offenses directly related, between Au-\n30\napplication form itself is not necessary.\ngust 4, 1964 to March 28, 1973.\nbe\n§ 101.13 Representation before the\nIf you are now absent from military serv-\nice or have a charge against you for a Selec-\nBoard.\ntive Service violation and have not been con-\ni\nFORD\nsh\nno\n(a) Although an applicant may bring\nvicted or received a discharge. you may still\nhis case before the Board without a rep-\nresentative or legal counsel, each ap-\n1 Filed as part of original document.\nLIBRARY\nSp\nGERALD\npe\nh:\n6\nChapter I-Presidential Clemency Board\ns 102.3\nbe eligible for clemency under another part\nPART 102-SUBSTANTIVE STANDARDS\nof the President's program. If you have any\nOF THE PRESIDENTIAL CLEMENCY\nquestions, please contact the Board and we\nBOARD\nwill try to answer your questions.\nIf you believe that you are eligible to be\nSec.\nconsidered by the Presidential Clemency\n102.1 Purpose and scope.\nBoard but are not sure, you should apply to\n102.2\nBoard decision on whether or not to\nthe Board. If it turns out that you are not\nrecommend that the President grant\neligible for consideration by the Board, you\nexecutive clemency.\nmay possibly qualify under another part of\n102.3\nAggravating circumstances.\nthe clemency program. You do not have to\n102.4\nMitigating circumstances.\nidentify your current location. We will then\n102.5 Calculation of length of alternative\nbe able to notify you of the proper agency to\nservice.\ncontact. If you are appealing a conviction or\na military discharge you may continue your\nAUTHORITY: E.O. 11803, 39 FR 33297.\nappeal, and still apply to the Board at the\nSOURCE: 39 FR 41353, Nov. 27, 1974, unless\nsame time.\notherwise noted. Correctly designated, 39 FR\nI. The Board will not give its files to any\n44709, Dec. 27, 1974.\nother federal agency. It will keep any in-\nformation you provide in strictest confidence,\n§ 102.1 Purpose and scope.\nexcept evidence of a serious crime which is\nThis part articulates the standards\nnot covered in the Presidential Clemency pro-\nwhich the Presidential Clemency Board\ngram.\nwill employ in deciding whether to rec-\nII. Although you may apply to the Board\nommend that the President grant execu-\nwithout attorney or any other representative\ntive clemency to a particular applicant,\nif you wish, we encourage you to obtain the\nand in then deciding whether that grant\nhelp of legal counsel. If you do not have a\ncounsel but desire one, we will be glad to\nof celemency should be conditional. and,\nrefer you to a lawyers' organization which\nif so, upon what specified period of alter-\nwill help you find one. These organizations\nnative service.\nwill help you get legal assistance even if you\n§ 102.2 Board decision on whether or\ncannot afford to pay.\nnot to recommend that the President\nIII. To apply to the Board, you need only\ngrant executive clemency.\nsupply the information necessary to find\nyour file from other departments. If you do\n(a) The first decision which the Board\nnot wish to file your application personally,\nwill reach, with respect to an application\nyou may select 2 representative of your own\nbefore it, is whether or not it will recom-\nchoice to do it for you, but you must tell us\nmend to the President that the applicant\nthat he is authorized. The Board will main-\nbe granted executive clemency. In reach-\ntain its own file on your case and that file\ning that decision, the Board will take\nwill be available for examination by you or\nnotice of the presence of any of the ag-\nyour own attorney.\nIV. You are encouraged to submit evidence\ngravating circumstances listed in § 102.3,\nwhich you feel helps your case, and to submit\nand will further take notice of whether\nletters from other people on your behalf. You\nsuch aggravating circumstances are bai-\nmay submit evidence in order to correct in-\nanced by the presence of any of the miti-\naccurate, incomplete, or misleading informa-\ngating circumstances listed in § 102.4.\ntion to the Board's file.\n(b) Unless there are aggravating cir-\nV. A personal appearance by you before\ncumstances not balanced by mitigating\nthe Board will not be necessary.\ncircumstances, the Board will recommend\nIf you have any questions, please call or\nwrite the Presidential Clemency Board. The\nthat the President grant executive clem-\nWhite House, Washington, D.C. 20500, (202-\nency to each applicant.\n456-6476). If application is made by a repre-\n§ 102.3 Aggravating circumstances.\nsentative on your behalf, it is not necessary\nthat your home address and telephone num-\n(a) Presence of any of the aggravating\nber be included. Your representative should\ncircumstances listed herein either will\nindicate his capacity (attorney, friend, etc.)\ndisqualify an individual for executive\nand give us his address and telephone num-\nclemency or may be considered by the\nber.\nBoard as cause for recommending to the\nApplication for people not in custody\nPresident executive clemency conditioned\nshould be completed and mailed to the Board\nno later than midnight, January 31, 1975.\nupon a length of alternative service ex-\nSpecial procedures will be established for\nceeding the applicant's \"baseline period\npersons incarcerated whether or not they\nof alternative service,\" as determined\nhave been released on furlough.\nunder § 102.5.\nFORD\n7\nis\nGERALD\nLIBRARY\nWHITE HOUSE OFFICE PAPERS\nBy custom and tradition, all White House Office\nof newspapers or magazine clippings; and copies\npapers are regarded as the personal property of\nof records of a personnel nature relating to a per-\nthe President and subject to such control and dis-\nson's employment or service. Personal files should\nposition as he may determine. At the close of the\nnot include any copies, drafts or working papers\nAdministration, the entire collection of papers now\nthat relate to official business or any documents or\nbeing created may be expected to be deposited in\nrecords, whether or not adopted, made or received\na Presidential library similar to the libraries that\nin the course of official business.\npreserve the papers of the last six Presidents. To\n3. Each staff office shall forward regularly to\nprovide the President with a complete and accu-\nCentral Files three copies of all outgoing official\nrate record of his tenure in office, the White House\nbusiness consisting of correspondence and memo-\nstaff must oversee the preservation of the papers\nranda. One copy of all other outgoing related\nit generates.\nmaterials should also be filed.\nThe procedures set forth in this document rep-\n4. Each staff office shall forward regularly to\nresent the collective thinking of many members of\nCentral Files any incoming official business from\nthe staff as to how best to preserve papers and\nsources other than White House staff offices after\ndocuments for the President. Compliance with\naction, if any, has been taken. Each staff office, if\nthese procedures is an expression of loyalty by the\nit so desires, may keep a copy of such incoming\nstaff to the President. For these procedures to be\nofficial business for its own working files.\neffective, it will require cooperation and assistance\n5. Each staff office shall forward regularly to\nof every staff member.\nCentral Files any originals of incoming official\nThe security classification of each document\nbusiness from other White House staff offices after\nprepared in the White House is determined by the\naction, if any, has been taken and if such originals\nindividual staff member writing it in accordance\nwere not intended to be returned to the sender.\nwith Executive Order 10501-or other applicable\nIf desired, a copy may be kept for the staff's work-\nExecutive Orders. He is responsible for insuring\ning files.\nthat the classification assigned to his work reflects\n6. Each staff office shall forward to Central Files\nthe sensitivity of the material concerned, and also\nat such times as it determines to be appropriate\nfor making certain that this classification is not\nall working files of official business which are in-\nexcessively restrictive.\nactive and no longer needed. These files will be\nstored by office as well as listed by subject matter.\nWhite House Office Papers: Filing with Central\nThey will, of course, always be available for later\nFiles\nreference.\n7. Each staff office at its own discretion may seg-\n1. It is requested that the maximum possible\nregate any materials that. it believes to be partic-\nuse be made of Central Files, and the procedures\nularly sensitive and which should not be filed by\nlisted below be followed. This will aid in the faster\nsubject matter. Such sensitive materials should be\nand more complete retrieval of current informa-\nforwarded to the Staff Secretary on the same basis\ntion, eliminate unnecessary duplication of files,\nas outlined in paragraphs 3 through 6 in an en-\nprevent excessive xeroxing, and maximize preser-\nvelope marked SENSITIVE RECORDS FOR\nvation of White House papers.\nSTORAGE with the office or individual from\n2. Each staff member shall maintain his per-\nwhich they are sent marked on the outside and (as\nsonal files separate from any working files he may\nappropriate) a list of inventory in general terms\nkeep on official business and clearly designate them\nattached. This list of inventory should also be\nas such. Personal files include correspondence un-\nsent to Central Files so that notations can be made\nrelated to any official duties performed by the staff\nin subject files that certain material is missing from\nmember; personal books, pamphlets and periodi-\nthe file. These materials will be filed in locked con-\ncals; daily appointment books or log books; folders\ntainers and will only be made available to the in-\nFORD\nDERALD\nLIBRARY\ndividual or office from whom they were received.\n3. A staff member, upon termination of employ-\nS. No defense material classified under Execu-\nment, may at his discretion make copies for his\ntive Order No. 10501 with a classification of TOP\npersonal use of a carefully chosen selection of the\nSECRET or Restricted Data under the Atomic\nfollowing types of documents within his files:\nEnergy Act of 1954 should be forwarded to Cen-\n(A) Documents which embody original intel-\ntral Files. All such material should be forwarded\nlectual thought contributed by the staff member,\nto the Staff Secretary for storage.\nsuch as research work and draftsmanship of\n9. No exceptions to the above shall be made\nspeeches and legislation.\nwithout the express consent of the Counsel to the\n(B) Documents which might be needed in\nPresident. Additional advice on the operation of\nfuture related work by the individual.\nCentral Files may be obtained from Frank\n4. No staff members shall make copies as per-\nMatthews, Chief of Central Files (Ext. 2240).\nmitted in paragraph three of any documents which\ncontain defense material classified as CONFI-\nWhite House Office Papers: Disposition of Papers\nDENTIAL, SECRET OR TOP SECRET under\nUpon Leaving Staff\nExecutive Order No. 10501, Restricted Data under\n1. Upon termination of employment with the\nthe Atomic Energy Act of 1954, or information\nstaff, each staff member will turn over his entire\nsupplied to the government under statutes which\nfiles to Central Files with the exception of any\nmake the disclosure of such information a crime.\npersonal files he might have maintained.\n5. Each staff member who decides to make copies\n2. Personal files include: correspondence unre-\nof such documents described in paragraph three\nlated to any official duties performed by the staff\nshall leave a list of all such documents copied with\nmember; personal books, pamphlets and periodi-\nCentral Files. This will enable retrieval of a docu-\ncals; daily appointment books or log books; folders\nment in the event that all other copies of it and the\nof newspaper or magazine clippings; and copies\noriginal should be later lost.\nof records of a personal nature relating to a per-\n6. The discretionary authority granted in para-\nson's employment or service. Personal files should\ngraph three is expected to be exercised sparingly\nnot include any copies, drafts, or working papers\nthat relate to official business; or any documents or\nand not abused. All White House Office papers,\nrecords, whether or not adopted, made or received\nincluding copies thereof, are the personal property\nin the course of official business. The White House\nof the President and should be respected as such.\nOffice of Presidential Papers, staffed by represen-\nAny copies retained by a staff member should\ntatives of the National Archives, is available to\nbe stored in a secure manner and maintained\nassist staff members in the determination of what\nconfidentially.\nare personal files. Any question in this regard\n7. All confidential and sensitive materials will\nshould be resolved with their assistance by con-\nbe protected from premature disclosure by specific\ntacting John Nesbitt, supervisory archivist of the\nprovisions of the Presidential Libraries Act of\nOffice of Presidential Papers (Ext. 2545).\n1955 (44 U.S.C. 2108).\nBERALD FORD LIBRARY\nof\nTHE WHITE HOUSE\nWASHINGTON\nNovember 4, 1975\nMEMORANDUM FOR:\nCHARLES GOODELL\nFROM:\nPHILIP BUCHEN\nSUBJECT:\nDisposition of the Personal\nPapers of Clemency Board Members\nReferencing your memorandum concerning the papers of persons\nwho were previously members of the Presidential Clemency Board,\nthere are at least two problems that must be resolved prior to the\ndisposition of any of these papers outside Government control.\nAttached are the guidelines from the previous Administration\ndescribing the types of papers which White House staff members\ncan take with them on departure. The current litigation concerning\nthe ownership of the Presidential materials of the Nixon Administration\ndoes not appear in any way to affect the validity of these guidelines,\nbut instead deals with ownership between a former President and\nthe government. In order to preserve the status quo, these guide-\nlines should be followed by former members of the Board as well\nas the staff.\nTo the extent that these guidelines permit the taking of some materials,\nthe confidentiality of these files must be considered. The Department\nof Justice has concluded that the papers of the Pardon Attorney at\nthe Department of Justice are Presidential papers because they relate\nto a function which only the President can exercise. As such, they\nare outside the scope of the Privacy Act of 1974, P.L. 93-579. For\nthe same reasons, OLC believes that the papers of the Board are not\nsubject to the specific safeguards imposed by the Act for the protection\nof information relating to identifiable individuals. Even so, any\ndisposition of these papers should take into account the protection\nof individual privacy which the Act seeks to assure. This point is\nall the more important in that the Board's own regulations provide\nfor the confidentiality of communications to the Board from applicants\nand potential applicants. Subsection (a) of 2 CFR 100. 12 states in\npart that:\nGERALD\nLIBRARY\n-2-\n\"The Board has determined that it will take all steps\npossible to protect the privacy of applicants and potential\napplicants to the Presidential clemency program. No personal\ninformation concerning an applicant or potential applicant and\nrelated to the Presidential clemency program will be made known\nto any agency, organization, or individual, whether public or\nprivate, unless such disclosure is necessary for the normal\nand proper functioning of the Presidential Clemency Board. \"\nIn view of this Regulation, and in order to comply with the spirit\nof the Privacy Act, appropriate guidelines for the protection and\nuse of such materials must be developed prior to the disposition\nof any of these materials to points outside government control. My\nstaff would be pleased to discuss these matters with you at your\nconvenience.\nTHE WHITE HOUSE\nwASHINGTON\nApril 9, 1976\nMEMORANDUM FOR\nTHE SECRETARY OF THE ARMY\nThis is to formally approve the recommendation contained\nin your memorandum of March 17, 1976, regarding proposed\nprocedures for review of future requests for reduction of\nalternate service on a limited basis at the secretariat level\nin accordance with the Presidential Clemency Program.\nThilipW.Buchen\nCounsel to the President\nFUED\nTHE WHITE HOUSE\nWASHINGTON\nApril 9, 1976\nMEMORANDUM FOR:\nPHIL BUCHEN\nFROM:\nKEN LAZARUS\nSUBJECT:\nRequest of the Secretary of the Army/\nAppeal of Alternate Service\nAttached at Tab A is a memorandum to you from the Secretary\nof the Army, Martin Hoffmann, requesting your approval of his\nplan to establish procedures for review of future requests for\nreduction of alternate service on a limited basis at the\nSecretariat level in accordance with the Presidential Clemency\nProgram.\nAttached at Tab B is a memorandum to me from the Pardon\nAttorney indicating his approval of the Army recommendation.\nAttached at Tab C is a memorandum to Martin Hoffmann from\nyou formally approving his recommendation.\nRecommendation:\nThat you sign the memo at Tab C.\n&\nFORD\nGERALD\nLIBRARY\nor DELINES\nSECRETARY OF THE ARMY\nWASHINGTON\nCERTING AMERICA\n17 MAR 1976\nMEMORANDUM FOR PHILIP W. BUCHEN\nCOUNSEL TO THE PRESIDENT\nSUBJECT: Appeal of Alternate Service\nPint.\nThe Department of the Army has received a number of requests from\nindividuals processed under the DoD portion of the Presidential Clemency\nProgram, to have their length of Alternate Service reduced. We have not\nestablished procedures for this type review since each applicant had an\nopportunity to request reconsideration of his case file by the Joint\nAlternate Service Board (JASB) prior to executing the agreement to per-\nform the prescribed period of Alternate Service. In this regard, the\nDepartment of Defense has opined that determination of the period of\nAlternate Service may not be reviewed by the Boards for the Correction\nof Military/Navy records.\nDepartment of the Army believes that individuals with bona fide\nhardships and other mitigating factors, which may have arisen since\nentering the program, should have the opportunity to appeal the length\nof alternate service on a case by case basis. Indications are that of\nthe 1002 DoD applicants currently working at alternate service jobs\nonly a few would qualify for favorable consideration, but we want to\nbe responsive in bona fide cases.\nUnless you have objection to such action, we plan to establish\nprocedures for review of future requests for reduction of alternate\nservice on a limited basis at the secretariat level. Only appeals\ncontaining evidence of economic hardship, medical, or mitigating fac-\ntors which have arisen since the individual case was decided by the\nJASB will be considered. To be eligible, the individual must, at\ntime of the appeal, be performing Alternate Service. The other Ser-\nvices are agreeable to this course of action\nMartin Miater R. Hoffmann\nVOND\nLIBRARY\nUnited States Department of Justice\nOffice of the Pardon Attorney\nWashington, D.C. 20530\nApril 7, 1976\nMEMORANDUM TO: Kenneth A. Lazarus\nAssociate Counsel to\nthe President\nSUBJECT:\nAppeal of Alternative Service\nI have reviewed the memorandum from Secretary\nof the Army Hoffman to Mr. Buchen dated March 17,\n1976 concerning the Army's plan to establish procedures\nto review appeals on the length of alternative service.\nThe Army's proposed procedures appear to conform to\nthe President's proclamation No. 4313 dated September 16,\n1974 and are similar to procedures adopted by the\nDepartment of Justice.\nThe Department of Justice has been considering\nappeals to the length of alternative service and in\nappropriate cases the length of service has been\nreduced. We have been considering the same factors\nas suggested in Secretary Hoffman's memorandum, namely,\neconomic hardship, medical or mitigating factors which\nhave arisen since the case was originally decided. We\nhave not required an applicant to be performing\nalternative service before considering his appeal.\nAfter an appeal decision we notify Selective\nService of the decision and then the applicant must\nconform to their rules covering the performance of\nalternative service. This procedure appears to work\nwell and no problems have surfaced.\nI recommend that the Army procedures be approved\nwhich would then bring all appeal procedures into\nsubstantial conformity.\nLawrence\nLawrence M. Traylor\nPardon Attorney\nFORD\nAMERICAN REVOLUTION EXENTENNE\n1776-1976\nTHE WHITE HOUSE\nWASHINGTON\nApril 15, 1976\nMEMORANDUM TO:\nJACK MARSH\nFROM:\nRUSS ROURKE\nRun\nJack, I would recommend continued opposition to the Attorney\nGeneral's position re the 950 known felons.\nLazarus should continue to work with Traylor on a conditional\namnesty proposal and the A/G should be advised of strong\nWhite House feeling on this issue.\nMEMORANDUM TO:\nPHIL BUCHEN\nFROM:\nJACK MARSH\nJash\nPhil, I concur with Russ' views.\nTORD\nLIBRA.\nTHE WHITE HOUSE\ncomments\nWASHINGTON\nare 15+P\nApril 6, 1976\nMEMORANDUM FOR:\nJACK MARSH\nTED MARRS\nFROM:\nPHIL BUCHEN\nT.\nSUBJECT:\nPresidential Clemency Board --\nRecommendations Regarding Known\nFelons\nAttached is a memorandum to me from Ken Lazarus on\nthe above subject.\nAs time is running out on this matter, I would\nappreciate your prompt response.\nAttachment\nLEVERIT FORD\njib\nWednesday 4/21/76\n4:30 I called Ken to see if he had called Traylor as you\nhad requested.\n1. He did speak to Traylor.\n2. With respect to the convicted felons, there is no\nimmediacy to the problem.\n3. Traylor is going to get together with Levi's guys\nand outline the alternatives along the lines that\nyou and Ken discussed this morning.\nKen will set up a meeting which will be compatible\nwith your schedule some time within the next two weeks.\nConcerning the drug abuse message, Ken is working\non a compromise between Justice and the Domestic\nCouncil that will satisfy the concerns of the Attorney General.\nFORD is LIBRARY GERALD\nTHE WHITE HOUSE\nWASHINGTON\nApril 2, 1976\nMEMORANDUM FOR: PHIL BUCHEN\nFROM:\nKEN LAZARUS\nSt\nSUBJECT:\nPresidential Clemency Board\nRecommendations Regarding Known Felons\nYou will recall that sometime back I sent you a copy of the attached\nmemorandum from Larry Traylor (Tab A) which suggested that\nthe recommendations of the Presidential Clemency Board\nregarding the 950 known felons in question should not be revised.\nYou also will recall that you were at that time concerned with the\nsymbolism which might attach to an approval of Traylor's\nrecommendation. Therefore, you instructed me to work with\nTraylor toward a form of conditional amnesty which would not\noffend the more conservative followers of the Board.\nTraylor and I had all but agreed to a solution of this problem\nwhen I was alerted to the fact that the Attorney General feels\nstrongly that the Department's earlier recommendation should\nbe followed. His views in this regard are reflected in the\nmemorandum attached at Tab B.\nMay I have your guidance.\nAttachments\nTALL FORD LIBRARY\nUnited States Department of Justice\nOffice of the Pardon Attorney\nWashington, D.C. 20530\nJanuary 23, 1976\nMEMORANDUM TO:\nMR. KENNETH A. LAZARUS\nAssociate Counsel to the President\nSUBJECT:\nFelons\nThe Presidential Clemency Board recommended\nclemency be offered to about 950 people who committed\nfelonies subsequent to the military-related offenses\nfor which they are now seeking a pardon. The\nDepartment of Justice has been asked to consider\nwhether the Board's recommendations in these cases\nare appropriate.\nThe Department has run FBI name checks on\nthe cases in question. In general, the name checks\nhave not furnished reliable information not previously\navailable to the Board. Much of the new information\nobtained in the name checks is incomplete. Resources\nnot now available to those administering the continued\nprogram would be required to develop this information\nfurther and its added value in final form is questionable.\nIt is the view of the Department of Justice\nthat the recommendations of the Board regarding the\n950 known felons in question should not be revised.\nAlthough the clemency program offers pardons only\nfor Vietnam era military absence offenses, we understand\nthe Board did consider an applicants' other criminal\nrecord and generally recommended no clemency in those\ncases in which it considered the other offenses most\nserious. In the cases in which clemency was recommended\nfor known felons, the existence of other offenses caused\nthe term of alternative service to be longer than it\nFORD LIBRARY\nREVOLUTION\n1775-1976\n- 2 -\nwould otherwise have been. Since even those now\nincarcerated will be required to complete the\nprescribed alternative service to obtain a pardon,\nit is likely that the most serious offenders offered\nan opportunity for clemency will not satisfy the\nconditions required to actually receive a pardon.\nAs the program only offers and implies pardon for\nmilitary-related offenses and those with the most\nserious other offenses have either been denied\nclemency or are unlikely to be able to meet the\nconditions for receiving it, the Department believes\nthe Board's recommendations regarding known felons\nare reasonable and need not be revised.\nHowever, there are at least two other options\nfor dealing with these cases. Clemency could be\ndenied to all those with other known felonies. This,\nhowever, seems inconsistent with the limited, but\ncompassionate nature of the program. Alternatively,\nthe Department could expand the Board's policy of\ndenying clemency to some known felons and recommend\nthat clemency not be granted to the most serious\nfelons favorably considered by the Board. This might\namount to 25 percent of the cases in question and\nwould entail a case-by-case review requiring about\n5 attorneys not now available for about 2 months.\nThe Department would need additional resources for\nthis purpose. This process, however, seems unlikely\nto produce a final result significantly different\nthan that which will be obtained by relying on the\nalternative service requirement.\nLawrence m Transor\nLawrence M. Traylor\nPardon Attorney\nFORD\nNO.\n10\nJULY 1973 EDITION\nGSA FPMR (41 CFR) 101-11.5\nUNITED STATES GOVERNMENT\nMemorandum\nTO\n: Kenneth A. Lazarus\nDATE:\nMarch 16, 1976\nAssociate Counsel to the President\nFROM\n: Mark L. Wolf, Special Assistant\nto the Attorney General HLW\nSUBJECT: Presidential Clemency Board\nRecommendations Regarding Known Felons.\nAs we discussed last week, it is the Attorney General's\npersonal view that the Presidential Clemency Board's policy re-\ngarding clemency for known felons was reasonable and that its\nrecommendations concerning them should not be revised.\nAs you know, although the Board requested only information\nregarding military-related offenses within its jurisdiction, it\ndid in making its recommendations take into account other offenses\nof which it was aware. In many cases these other offenses sub-\nstantially contributed to the Board's decision to recommend de-\nnial of clemency and in the remainder it caused the recommended\nterm of alternate service to be longer than it otherwise would\nhave been. In our view, this approach was both realistic and\ncompatible with the purpose and spirit of the President's program.\nWe believe that to deny clemency to applicants solely because they\nare known to have committed other felonies would be inconsistent\nwith the limited nature of the program and unduly arbitrary,\nsince it is only by chance that we know that some of the appli-\ncants have committed other offenses.\nWhile we do believe the Board's policy was appropriate, the\nAttorney General suggests that the Department of Justice might re-\nview the most serious known felony cases in which the Board recom-\nmended clemency to determine whether the Board gave these offenses\nsufficient weight in reaching its decision. I understand that\nabout 25% of the approximately 800 cases in question would be\nreviewed by the Department if this approach is adopted.\nAs you know, the Department has been hoping to substantially\ncomplete this month the work inherited from the Board. Thus, it\nis particularly desirable that these questions be resolved as\nsoon as possible. We appreciate your continued interest and\nassistance in obtaining a decision.\nFORD\nBuy U.S. Savings Bonds Regularly on the Payroll Savings Plan\n5010-110\nTHE WHITE HOUSE\nWASHINGTON\nKen said he agrees with them.\nDoesn't think it's anything\nworth fighting about.\n-\nFORD\n/\nTHE WHITE HOUSE\nWASHINGTON\nEva:\nKen says he doesn't need this -- he\nneeds a decision from Buchen.\ndm\nFORD & LIBRA\nTHE WHITE HOUSE\nWASHINGTON\nApril 15, 1976\nMEMORANDUM TO:\nJACK MARSH\nFROM:\nRUSS ROURKE\nJack, I would recommend continued opposition to the Attorney\nGeneral's position re the 950 known felons.\nLazarus should continue to work with Traylor on a conditional\namnesty proposal and the A/G should be advised of strong\nWhite House feeling on this issue.\nMEMORANDUM TO:\nPHIL BUCHEN\nFROM:\nJACK MARSH\njust\nPhil, I concur with Russ' views.\nAPR 7 1976\nTHE WHITE HOUSE\ncomments\nWASHINGTON\ndue ASAP\nApril 6, 1976\nMEMORANDUM FOR:\nJACK MARSH\nTED MARRS\nFROM:\nPHIL BUCHEN\nSUBJECT:\nPresidential Clemency Board --\nRecommendations Regarding Known\nFelons\nAttached is a memorandum to me from Ken Lazarus on\nthe above subject.\nAs time is running out on this matter, I would\nappreciate your prompt response.\nAttachment\nFORD is LIBRARY BERALD\nGSA FPMR (41 101-11.6\nUNITED STATES GOVERNMENT\nMemorandum\nTO\n:\nKenneth A. Lazarus\nDATE: March 16, 1976\nAssociate Counsel to the President\nFROM\n: Mark L. Wolf, Special Assistant\nto the Attorney General\nSUBJECT: Presidential Clemency Board\nRecommendations Regarding Known Felons.\nAs we discussed last week, it is the Attorney General's\npersonal view that the Presidential Clemency Board's policy re-\ngarding clemency for known felons was reasonable and that its\nrecommendations concerning them should not be revised.\nAs you know, although the Board requested only information\nregarding military-related offenses within its jurisdiction, it\ndid in making its recommendations take into account other offenses\nof which it was aware. In many cases these other offenses sub-\nstantially contributed to the Board's decision to recommend de-\nnial of clemency and in the remainder it caused the recommended\nterm of alternate service to be longer than it otherwise would\nhave been. In our view, this approach was both realistic and\ncompatible with the purpose and spirit of the President's program.\nWe believe that to deny clemency to applicants solely because they\nare known to have committed other felonies would be inconsistent\nwith the limited nature of the program and unduly arbitrary,\nsince it is only by chance that we know that some of the appli-\ncants have committed other offenses.\nWhile we do believe the Board's policy was appropriate, the\nAttorney General suggests that the Department of Justice might rè-\nview the most serious known felony cases in which the Board recom-\nmended clemency to determine whether the Board gave these offenses\nsufficient weight in reaching its decision. I understand that\nabout 25% of the approximately 800 cases in question would be\nreviewed by the Department if this approach is adopted.\nAs you know, the Department has been hoping to substantially\ncomplete this month the work inherited from the Board. Thus, it\nis particularly desirable that these questions be resolved as\nsoon as possible. We appreciate your continued interest and\nassistance in obtaining a decision.\nBuy U.S. Savings Bonds Regularly on the Payroll Savings Plan\n5010-110\nUnited States Department of Justice\nOffice of the Bardon Attorney\nBashington, D.C. 20530\nJanuary 23, 1976\nMEMORANDUM TO:\nMR. KENNETH A. LAZARUS\nAssociate Counsel to the President\nSUBJECT:\nFelons\nThe Presidential Clemency Board recommended\nclemency be offered to about 950 people who committed\nfelonies subsequent to the military-related offenses\nfor which they are now seeking a pardon. The\nDepartment of Justice has been asked to consider\nwhether the Board's recommendations in these cases\nare appropriate.\nThe Department has run FBI name checks on\nthe cases in question. In general, the name checks\nhave not furnished reliable information not previously\navailable to the Board. Much of the new information\nobtained in the name checks is incomplete. Resources\nnot now available to those administering the continued\nprogram would be required to develop this information\nfurther and its added value in final form is questionable.\nIt is the view of the Department of Justice\nthat the recommendations of the Board regarding the\n950 known felons in question should not be revised.\nAlthough the clemency program offers pardons only\nfor Vietnam era military absence offenses, we understand\nthe Board did consider an applicants' other criminal\nrecord and generally recommended no clemency in those\ncases in which it considered the other offenses most\nserious. In the cases in which clemency was recommended\nfor known felons, the existence of other offenses caused\nthe term of alternative service to be longer than it\nFORD LIBRARY\nDIET\nhim\n1775\n:\n- 2 -\nwould otherwise have been. Since even those now\nincarcerated will be required to complete the\nprescribed alternative service to obtain a pardon,\nit is likely that the most serious offenders offered\nan opportunity for clemency will not satisfy the\nconditions required to actually receive a pardon.\nAs the program only offers and implies pardon for\nmilitary-related offenses and those with the most\nserious other offenses have either been denied\nclemency or are unlikely to be able to meet the\nconditions for receiving it, the Department believes\nthe Board's recommendations regarding known felons\nare reasonable and need not be revised.\nHowever, there are at least two other options\nfor dealing with these cases. Clemency could be\ndenied to all those with other known felonies. This,\nhowever, seems inconsistent with the limited, but\ncompassionate nature of the program. Alternatively,\nthe Department could expand the Board's policy of\ndenying clemency to some known felons and recommend\nthat clemency not be granted to the most serious\nfelons favorably considered by the Board. This might\namount to 25 percent of the cases in question and\nwould entail a case-by-case review requiring about\n5 attorneys not now available for about 2 months.\nThe Department would need additional resources for\nthis purpose. This process, however, seems unlikely\nto produce a final result significantly different\nthan that which will be obtained by relying on the\nalternative service requirement.\nLawrence Transfor\nLawrence M. Traylor\nPardon Attorney\nLIBRARY\nTHE WHITE HOUSE\nWASHINGTON\nApril 2, 1976\nMEMORANDUM FOR: PHIL BUCHEN\nFROM:\nKEN LAZARUS\nfor\nSUBJECT:\nPresidential Clemency Board\nRecommendations Regarding Known Felons\nYou will recall that sometime back I sent you a copy of the attached\nmemorandum from Larry Traylor (Tab A) which suggested that\nthe recommendations of the Presidential Clemency Board\nregarding the 950 known felons in question should not be revised.\nYou also will recall that you were at that time concerned with the\nsymbolism which might attach to an approval of Traylor's\nrecommendation. Therefore, you instructed me to work with\nTraylor toward a form of conditional amnesty which would not\noffend the more conservative followers of the Board.\nTraylor and I had all but agreed to a solution of this problem\nwhen I was alerted to the fact that the Attorney General feels\nstrongly that the Department's earlier recommendation should\nbe followed. His views in this regard are reflected in the\nmemorandum attached at Tab B.\nMay I have your guidance.\nAttachments\nFORD LIBEROY\nTHE WHITE HOUSE\nwashington\n4.15.76\nTO: Phil Buchen\nFor Your Information:\nFor Appropriate Handling:\nRDC\nRobert D. Linder\nHold FIE\nTHE WHITE HOUSE\nWASHINGTON\nApril 6, 1976\nMEMORANDUM FOR:\nJACK MARSH\nTED MARRS\nFROM:\nPHIL BUCHEN\nT.\nSUBJECT:\nPresidential Clemency Board --\nRecommendations Regarding Known\nFelons\nAttached is a memorandum to me from Ken Lazarus on\nthe above subject.\nAs time is running out on this matter, I would\nappreciate your prompt response.\nAttachment\nGrand FORD LIBRARY\nIMENT\nOF\nCapy\nOffice of the Attorney General\nKen\nPRO\nSEQUITUR\nWashington, D. C. 20530\nDONORA\nJUSTITIA\nApril 14, 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Termination of the\nClemency Office\nOn September 16, 1975, pursuant to Executive Order 11878,\nthe Department of Justice assumed responsibility for concluding\nthe unfinished business of the Presidential Clemency Board. The\nClemency Office, a temporary unit operating under the direction\nof the Pardon Attorney, was assigned the task of carrying out this\nresponsibility. The Clemency Office adopted the policies, guide-\nlines, rules and procedures of the Presidential Clemency Board, as\ndescribed in its final report. The Clemency Office has substan-\ntially completed its work and closed on March 31, 1976 as contem-\nplated by the Executive Order. The remaining Presidential Clemency\nBoard responsibilities will be discharged by the regular staff of\nthe Office of the Pardon Attorney.\nThe Department of Justice has made recommendations in 1,680\nindividual cases. These include the initial consideration of\n1,325 applications for clemency which had not been processed by\nthe Presidential Clemency Board, 265 appeals and 90 requests to\nreconsider the Board's recommendations. In addition, the Depart-\nment of Justice considered and developed a recommendation for the\ndisposition of approximately 800 cases in which the Presidential\nClemency Board had recommended clemency for individuals known to\nhave committed felonies in addition to the offense which brought\nthem within the jurisdiction of the Board; disposition of these\ncases is now awaiting decision of the common question they raise.\nIn addition to developing proposed recommendations to the\nPresident, the Clemency Office performed administrative tasks con-\ncerning cases acted upon by the Presidential Clemency Board prior\nto September 16, 1975. The Clemency Office notified more than\n12,200 applicants of the actions taken on their cases and furnished\n5,950 individual warrants of pardon. The Clemency Office also re-\nquested that the Department of Defense issue more than 6,000 clemen-\ncy discharges and that Selective Service enroll more than 6,700\n- 2 -\napplicants who were required to perform alternative service.\nIn cases involving offenses committed by civilians, the Clemency\nOffice advised the Federal Bureau of Investigation of each grant\nof pardon for its records and advised the United States Probation\nService of actions affecting probation status.\nOn September 16, 1975, the staff of the Clemency Office\nconsisted of 161 individuals on detail from various Government\nagencies. As the workload was reduced, the staff was correspond-\ningly diminished. When it closed March 31, 1976, the Clemency\nOffice consisted of 29 individuals on detail from the Departments\nof Justice and Defense. In addition to personnel contributions,\nthe Clemency Office was financed by contributions of $125,000 from\nthe Department of Defense and $25,000 from the Department of Justice.\nThe remaining Presidential Clemency Board responsibilities\nto be discharged by the Department of Justice include continued\nconsideration of about 100 cases in which information is incomplete,\nadministrative handling of approximately 400 cases being prepared\nfor or awaiting Presidential action, implementation of the pending\npolicy decision regarding cases involving known felons, disposi-\ntion of future appeals and requests for reconsideration, final\ncertification of performance of alternative service in cases with-\nin the jurisdiction of the Department of Justice, and all related\nadministrative tasks. We expect that the majority of this work\nwill be complete in three months and the balance, consisting pri-\nmarily of determining whether prescribed alternative service has\nbeen performed and issuing appropriate documents, should be com-\nplete within 24 months.\nRespectfully,\nEdward H. Levi\nAttorney General\nGERALD FORD LIBRARY\nOffice of the Attorney General\nMashington, D.C. 20530\nThe President\nThe White House\nWashington, D. C."
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