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[JGR/Drug Abuse, Enforcement, Legislation & Prevention] (6 of 9)
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118568166
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[JGR/Drug Abuse, Enforcement, Legislation & Prevention] (6 of 9)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: [JGR/Drug Abuse, Enforcement,
Legislation & Prevention] (6 of 9)
Box: 19
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
KDB 8/30/2005
File Folder
[JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION &
FOIA
PREVENTION] (6)
F05-139/01
Box Number
COOK
4KDB
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1
REPORT
GRAND JURY REPORT RE
32 8/1/1981
B6
629
INVESTIGATION
B7(C)
2 MEMO
J. ROBERTS TO FRED FIELDING RE
1
9/21/1983
B6
B7(C)
630
CORRESPONDENTS REQUEST FOR
B7(D)
INVESTIGATION (PARTIAL)
3 MEMO
FIELDING TO EDWARD SCHMULTS RE
1 9/21/1983
B6
B7(C)
632
CORRESPONDENTS REQUEST FOR
B7(D)
INVESTIGATION
4 LETTER
FROM FRED FIELDING (PARTIAL)
1
9/21/1983
B6
B7(C)
633
B7(D)
COPY Reagan Presidential Record
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
August 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
Jrp
SUBJECT:
Letter to the President regarding
transportation of illegal drugs into
Allegheny County, Pennsylvania (Grand
Jury investigation summary attached)
James B. Lees, Assistant District Attorney from Pittsburgh,
has written the President to advise him of the results of a
report recently filed by an Allegheny County grand jury.
The grand jury was investigating organized crime and drug
trafficking. It focused on trafficking at the Pittsburgh
airport, and concluded, inter alia, that the federal
government was directing no resources to stopping domestic
drug transportation (as opposed to importation).
The Justice Department should handle the response on the
merits. I have drafted a transmittal memorandum, and an
acknowledgment letter to Lees.
Attachments
THE WHITE HOUSE
WASHINGTON
August 29, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
U.S. FRED F. DEPARTMENT FIELDING OF Orig. JUSTICE signed by FFF( a)
FROM:
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to the President regarding
transportation of illegal drugs into
Allegheny County, Pennsylvania (Grand
Jury investigation summary attached)
The attached letter from Assistant District Attorney, James
B. Lees, and the accompanying grand jury report, are
referred to the Department of Justice for such review and
direct reply as may be appropriate. I have advised Lees
that his correspondence has been referred to the Justice
Department.
Attachments
FFF: JGR:aea 8/29/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
August 29, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to the President regarding
transportation of illegal drugs into
Allegheny County, Pennsylvania (Grand
Jury investigation summary attached)
The attached letter from Assistant District Attorney, James
B. Lees, and the accompanying grand jury report, are
referred to the Department of Justice for such review and
direct reply as may be appropriate. I have advised Lees
that his correspondence has been referred to the Justice
Department.
Attachments
FFF:JGR:aea 8/29/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
August 29,- 1983
Dear Mr. Lees:
Thank you for your letter of August 4 to the President.
Along with that letter, you submitted a copy of a report
issued by an Allegheny County grand jury, concerning
organized crime and drug trafficking.
Your letter, and the accompanying grand jury report, have
been referred to the Department of Justice for review. You
should be hearing from that Department in the near future.
As you know, eliminating illegal drug trafficking, and the
organized crime that is responsible for so much illegal drug
trafficking, is a high priority of this Administration. We
have taken several significant steps toward this goal,
including bringing the expertise and resources of the
Federal Bureau of Investigation into the war on drugs for
the first time, establishing organized crime/narcotics
trafficking task forces across the country, and creating the
President's Commission on Organized Crime to explore fully
the dimensions of the challenge we confront. We appreciate
being advised of the action of the grand jury in this
regard.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. James B. Lees
Office of the District
Attorney, County of
Allegheny
303 Court House
Pittsburgh, PA 15219
FFF: JGR:aa
bcc: FFFielding/JGRoberts/Subject/Chron
ID #. 164730 CU
seal DOH
HE006-01.
WHITE HOUSE
Tag
CORRESPONDENCE TRACKING WORKSHEET
John
O . OUTGOING
H INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: James B. Lees
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Letter to the President re: Transportation 3 illegal
drugs into allegheny Country Pennsylvania
(grand Jury investigation Summary attached)
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOI
ORIGINATOR
83,08,19
/
/
Referral Note:
CUAT 18
I 2083,08,19
5.83,08,29
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
I
Referral Note:
/
/
/
/
I
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R. Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
Diaima has + reviewed - 86A 7133
101700
BOB COLVILLE
DISTRICT ATTORNEY
OFFICE OF THE DISTRICT ATTORNEY
County
303 COURT HOUSE-PHONE: 355-4400
PITTSBURGH, P A. 15219
August 4, 1983
President Ronald Reagan
White House
1400 Pennsylvania Avenue
Washington, D.C.
Dear Mr. President:
As an Assistant District Attorney in Pittsburgh,
Pennsylvania, I thought your administration may be interested
in reviewing a copy of the enclosed Grand Jury Report which
was recently issued here in Allegheny County. The Grand
Jury, through a separate investigation, had determined that
a substantial amount of illegal drugs was being transported
into Allegheny County via the Greater Pittsburgh International
Airport. (A fact, I am told, which is not unusual in other
parts of the country.) The Grand Jury attempted to ascertain
whether any efforts were being made here to stop the drug
flow and what efforts by law enforcement authorities could
legally be undertaken to stop the drug flow.
The result of the Grand Jury investigation is
summarized in the enclosed Report. One interesting fact
which the Grand Jury discovered in the course of the investigation
was the apparent lack of a federal effort to stop the domestic
transportation of illegal drugs. The testimony that the
Grand Jury received indicated that the federal efforts were
being concentrated on areas of importation. Yet federal
authorities admit that, at most, ten percent of the illegal
drugs coming into the United States are being confiscated,
leaving ninety percent to flow into domestic transportation.
August 4, 1983
President Ronald Reagan
Page Two
I believe the recommendations of the Grand Jury
could serve as a model for other cities throughout the
United States to tackle the drug problem without substantial
federal assistance. However, the task would be easier if
the federal government were to more actively participate in
efforts such as these.
We here in Allegheny County would appreciate any
comments or suggestions your administration may have on this
effort.
Sincerely,
James James Assistant B. B.Seer Lees District
Attorney
JBL:na
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
KDB 8/5/2005
File Folder
FOIA
[JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION &
F05-139/01
PREVENTION] (6)
COOK
Box Number
4KDB
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
1
REPORT
32
8/1/1981
B3
629
GRAND JURY REPORT RE INVESTIGATION
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
September 21, 1983
MEMORANDUM FOR FRED F. FIELDING
COPY - Reagan Presidential Record
FROM:
JOHN G. ROBERTS
SUBJECT:
Drug Problems in Simpson County
has written the President to ask for a federal
investigation of an alleged dope ring in his county.
According to rumors, the dope ring is responsible for
b6
several murders.
is allegedly involved,
receiving $15,000 for every plane load of narcotics brought
in at the local airport.
letter should be referred
to the Justice Department. I have prepared a transmittal
letter and a brief reply to
telling him what we have
done.
Attachments
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
KDB 8/5/2005
File Folder
FOIA
[JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION &
F05-139/01
PREVENTION] (6)
COOK
Box Number
4KDB
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
3
MEMO
1 9/21/1983 B6
632
FIELDING TO EDWARD SCHMULTS RE
B7(C)
CORRESPONDENT'S REQUEST FOR
B7(D)
INVESTIGATION
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
September 21, 1983
our 1 - Reagan Presidential Record
Dear
bc
This is in response to your letter of September 7, 1983, to
the President. In that letter you expressed serious concern
about possible narcotics trafficking in your county.
Please be advised that we have referred your letter to the
Department of Justice for appropriate action.
Thank you for sharing your concerns with us.
Sincerely,
Fred F. Fielding
Counsel to the President
56
FFF: JGR:aea 9/21/83
bcc: FFFielding/JGRoberts/Subj./Chron
175098
ID #.
CU
WHITE HOUSE
FI004
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
John
H # INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Robert A. Mc Connell
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Copy of letter to Thomas P. O'Neill re legislative
proposal to facilitate funding f joint Drug Enforcement Task Forces
and to grant State & local enforcement fficers, designated 64 the
Altorney General the authority to enforce the Controlled Substances
act 3 1970
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency (Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
CUHOLL
ORIGINATOR D03/10/06
/
/
Referral Note:
WAT18
D DDIT 83/10/06
583110146
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
-
Referral Note:
/ /
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R. Direct Reply w/Copy
B. - Non-Special Referral
S Suspended
D - Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code
=
"A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
OF
U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
Honorable Thomas P. O'Neill, Jr.
Speaker
House of Representatives
Washington, D. C. 20515
Dear Mr. Speaker:
Enclosed for your consideration and appropriate reference is
a legislative proposal "to facilitate improved Federal, State and
local cooperation in drug enforcement.
"
The first section of the proposed bill would authorize the
Attorney General to designate selected state and local law en-
forcement officers as Federal law enforcement officers for the
purpose of enforcing Federal drug laws. This would enable the
Drug Enforcement Administration (DEA) to maintain and enhance its
cooperative effort with state and local law enforcement authori-
ties to combat drug trafficking.
The drug trafficking problem is pervasive and, by its very
nature, interjurisdictional. The Controlled Substances Act, 21
U.S.C. § 873, mandates a coordinated approach at all levels of
Government to combat effectively drug flow and abuse. For this
reason, DEA has entered into cooperative arrangements with state
and local law enforcement authorities, under which non-Federal
law enforcement officers work with DEA Agents in long-term task
forces, joint investigations and special enforcement operations
(major conspiracy investigations directed at specific trafficking
organizations). The future of these cooperative efforts, however,
would be enhanced if participating state and local law enforce-
ment agencies can be assured of adequate civil and criminal lia-
bility protections for their officers while working with DEA.
The great majority of state and local officers have been
under the impression that they are protected by an implied grant
of Federal enforcement authority while working under DEA super-
vision. In fact, any state or local law enforcement officer who
travels beyond his authorized jurisdiction while assisting DEA
faces potentially substantial criminal and civil liability. Anal-
ysis of the law reveals the following conclusions.
First, a state or local law enforcement officer is not a
Federal employee for purposes of the Federal Tort Claims Act and,
therefore, the United States can neither assume liability nor be
held liable for his actions. 28 U.S.C. § 1346(b). Moreover, a
state or local officer is not a Federal law enforcement officer
as defined by 28 U.S.C. § 2680 (h) and the United States could not
be liable for his intentional torts. Second, when operating
beyond the geographic jurisdiction of their parent departments,
state and local police officers, in most instances, have no
greater law enforcement authority than private citizens. Finally,
the possibility for personal civil liability of the state or
local officer exceeds that of his DEA counterpart because the
United States can only pay a judgment entered jointly against
the United States and a Federal employee. Similarly, the poten-
tial for criminal liability is greater because the state or
local officer could not defend on grounds of Federal law enforce-
ment authority.
The assignment of a police officer to a task force does not
vest that officer with any Federal law enforcement authority.
Unless deputized as a Federal officer, a task force officer
possesses only that authority conferred by state or local law
upon any member of his parent organization. Consequently, where
the enforcement responsibility of a task force is not coextensive
with that of the officer's jurisdiction, the officer may be
called upon to exceed his lawful authority when fulfilling his
task force responsibilities.
Except for very limited circumstances, any police officer
who operates beyond the jurisdiction of his parent agency has no
greater authority than that of a private citizen and his authori-
ty to carry weapons, make arrests, execute warrants, and to con-
duct investigations is similarly limited. When operating beyond
his jurisdiction, his potential civil and criminal liability are
significantly increased, as the various "good faith" defenses
available to law enforcement officers often cannot be pleaded
successfully by private citizens. Nevertheless, task force in-
vestigations often cross jurisdictional lines.
In short, state and local law enforcement officers cooperat-
ing with DEA Agents in law enforcement activities outside their
parent jurisdictions do so at their own peril. DEA expects that
the cooperative arrangements developed over the past several
years could be lost in many areas and severely impaired in others
unless this disparate liability is corrected.
After a careful review of the liability problem, this De-
partment has concluded that the most feasible solution would be
to amend existing law, 21 U.S.C. § 878, to authorize the Attorney
General to confer the Federal enforcement powers of DEA officers
upon selected state and local law enforcement officers. Imple-
mentation of this authority will be strictly controlled through
detailed procedures designed to guarantee full accountability
- 2 -
for all actions of any federally designated state or local offi-
cer. In addition, the proposal incorporates by reference Section
3374(c) of Title 5, U.S.C., to insure that important restrictions
and controls in the Intergovernmental Personnel Act of 1970, as
amended, are applicable to such state or local officers. 1/
Section 2 of the proposed bill will facilitate the continued
funding of the nine-year DEA task force program. For many years,
the Drug Enforcement Administration has entered into contractual
agreements with various state and local law enforcement agencies
for the establishment of joint task forces to enforce the Con-
trolled Substances Act of 1970. These agreements have been based
upon the general authority to enter into cooperative arrangements
in 21 U.S.C. § 873 and more specific authorizations contained in
DEA appropriations measures. Congress and OMB have consistently
sought specific program legislation support appropriation authori-
ty. This "housekeeping legislation" is designed to provide such
specific legislative authority.
In order to maintain the effectiveness of the DEA/state and
local cooperation program, I respectfully urge that this proposal
receive prompt consideration.
The Office of Management and Budget has advised that there
is no objection from the standpoint of the Administration's pro-
gram to the submission of this legislation to the Congress.
Sincerely,
Robert A. McConnell
Assistant Attorney General
Enclosure
1/ Specifically, the federally designated officers would be
deemed DEA employees for purposes of a variety of Federal stat-
utes pertaining to employment limitations, political activities,
foreign gifts and decorations, misconduct, bribery and graft,
embezzlement and theft, disclosure of confidential information,
lobbying with appropriated moneys; purchase, use, maintenance
or repair of passenger motor vehicles and aircraft; the Federal
Tort Claims Act, and other Federal tort liability statutes.
Federally designated officers would also be subject to executive
orders and regulations applicable to § 3374(c) matters. More-
over, the statute indicates that supervision of the duties of
such officers could be governed by agreement between DEA and the
state or local government concerned. Finally, a detail of a
state or local officer to DEA could be made with or without
reimbursement by DEA.
- 3 -
A BILL
To facilitate improved Federal, state and local cooperation
in drug enforcement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, that section
508 of the Controlled Substances Act (21 U.S.C. 878) is amended
to read as follows:
"§ 878. Powers of enforcement personnel
(a) Any officer or employee of the Drug Enforcement Admin-
istration or any state or local law enforcement officer designated
by the Attorney General may --
(1) carry firearms;
(2) execute and serve search warrants, arrest warrants,
administrative inspection warrants, subpenas, and summonses issued
under the authority of the United States;
(3) make arrests without warrant (A) for any offense
against the United States committed in his presence, or (B) for
any felony, cognizable under the laws of the United States, if
he has probable cause to believe that the person to be arrested
has committed or is committing a felony;
(4) make seizures of property pursuant to the provi-
sions of this subchapter; and
(5) perform such other law enforcement duties as the
Attorney General may designate.
(b) State and local law enforcement officers performing
functions under this section shall be deemed Federal employees
only for the purposes set forth in section 3374(c) of Title 5,
United States Code."
Sec. 2.
Section 503(a) of the Controlled Substances Act (21 U.S.C.
873 (a)) is amended by adding the following new paragraph (6) :
"(6) notwithstanding any other provision of
law, enter into contractual agreements with state
and local law enforcement agencies to provide for
cooperative enforcement and regulatory activities
under this Title."
- 2 -