Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
1562926
label
Crime Legislation
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1562926
sourceUrl
contentType
document
title
Crime Legislation
citationUrl
collections
John O. Marsh Files (Ford Administration)
John Marsh's General Subject Files
subjects
Crime
Legislation
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1562926
coverageEndDate
logicalDate
1975-08-31
month
8
year
1975
coverageStartDate
logicalDate
1975-07-01
month
7
year
1975
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
2c59b61658ec8302
ocrText
The original documents are located in Box 10, folder "Crime Legislation" of the John
Marsh Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 10 of the John Marsh Files at the Gerald R. Ford Presidential Library
of
THE WHITE HOUSE
M
WASHINGTON
July 23, 1975
MEMORANDUM FOR:
JACK MARSH
MAX FRIEDERSDORF
FROM:
SUBJECT:
Crime JIM CANNON Bill June
As a way to break the current impasse over the introduction
of the President's Crime Bill, I suggest we ask Attorney
General Levi to talk personally and privately with Senator
Hruska to see if they can resolve their differences and
still come up with a bill that is acceptable to each.
To keep the meeting small, it might be best if the Administration
were represented only by the Attorney General and Doug Marvin,
who assisted in the drafting of the bill and who formerly
worked with Hruska on the Senate Judiciary Committee.
LIBRARY
THE WHITE HOUSE
WASHINGTON
August 1, 1975
MEMO TO:
JACK MARSH
FROM:
RUSS ROURKE R
Jack, FYI, Cheney advised me last night that
H.R. 6799 was signed prior to the deadline.
Jim Connor and the Press Office have been
properly notified.
August 1, 1975
MEMO TO:
JACK MARSH
FROM:
RUSS ROURKE
Jack, FYI, Chaney advised me last night that
H.R. 6799 was signed prior to the deadline.
Jim Connor and the Press Office have been
properly notified.
RAR:rs
FORD i LIBRARY
AUG 1 1975
...
THE WHITE HOUSE
WASHINGTON
Copy for
Jack Marsh
THE WHITE HOUSE
WASHINGTON
July 30, 1975
MEMORANDUM FOR THE PRESIDENT
THROUGH:
PHILIP BUCHEN R.H.
FROM:
KENNETH LAZARUS
SUBJECT:
Enrolled Bill: H.R. 6799, the Federal Rules
of Criminal Procedure Amendments Act of 1975
This is to present the referenced bill for your immediate
attention. In order to be absolutely certain that it is
effective, the measure must be signed into law before August
1 (Washington time) --- 6:00 A.M., Friday, August 1 (Helsinki
time).
Background
1. Enabling Acts. 18 U.S.C. Sections 3402, 3771 and 3772
constitute the Federal criminal rules enabling acts. By
these provisions, the United States Supreme Court is empowered
to promulgate rules of practice and procedure to govern criminal
proceedings in our various Federal courts. The authority of
the Supreme Court to promulgate such rules is limited, however,
by a reserved power of Congress to disapprove any promulgated
rule within a period of 90 days from the date of transmission to
Congress or the prescribed effective date of the rule whichever
is later. Moreover, the Congress is, of course, empowered to
affirmatively legislate in this area at any time.
2. 1974 Criminal Rules. By order dated April 22, 1974, the
Chief Justice transmitted to Congress a package of proposed
changes to the Federal Rules of Criminal Procedure which were
to take effect on August 1, 1974, absent Congressional disapproval.
3. Delayed Effective Date. Pub. L. 93-361, July 30, 1974, 88
Stat. 397 provided that the effective date of the proposed changes
to the Federal Rules of Criminal Procedure which were embraced by
the Supreme Court order of April 22, 1974, was postponed until
August 1, 1975.
4. Enrolled Bill. H.R. 6799 contains a series of desirable
amendments to the Rules as promulgated by the Supreme Court
LIBRAR
2
on April 22, 1974. However, in order to be absolutely cer-
tain that they are carried into effect, it is necessary to
secure Presidential approval of the legislation before August
1, 1975. Approval on August 1 could, create considerable
confusion and litigation. Approval after August 1 could
be a complete nullity as the Rules promulgated on April
22, 1974, are deisgned to automatically take effect on August
1.
Discussion
The Department of Justice strongly supported most of the
amendments (and all of the major ones) contained in H.R. 6799.
Two provisions are worthy of mention here.
1. Rules 4 and 9. The enrolled bill rejects the Supreme
Court's proposal to transfer the discretion as to whether to
use an arrest warrant or a summons, now exercised by United
States Attorneys, to the district courts. In the view of
the Department, the Court's proposal, because of its tendency
to increase the use of a summons, thereby alerting a person
that a criminal charge is imminent, would have exacerbated
the problem of fugitivity as well as caused a loss of in-
criminating evidence.
2. Rule 16. The enrolled bill also rejects the Supreme
Court's proposal to provide for mandatory pre-trial dis-
closure of government witnesses. The Court's proposal
portended an increase in witness intimidation, assault and
assassination, as well as an aggravation of the already
difficult task of obtaining witness cooperation. In
this area, too, the bill would leave current law intact.
H.R. 6799 passed the House and Senate by voice vote on July
30.
Recommendation
Due to the press of time, it was not possible to process this
measure in the normal fashion. However, the Attorney General,
Jim Cannon, Jack Marsh, Jim Lynn and Counsel's Office recommend
you sign the subject bill into law as soon as possible and not
later than 6:00 A.M., Friday August 1 (Helsinki Time).