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JGR/Speaking Engagements by White House Employees
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JGR/Speaking Engagements by White House Employees
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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/Speaking Engagements by White House Employees Box: 50 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/ THE WHITE HOUSE WASHINGTON February 17, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS 8th SUBJECT: Speaking Engagement in France for Morton Blackwell Attached is the Morton Blackwell package, with a fresh memorandum to Blackwell for your signature. I have enclosed a copy of the OLC opinion we discussed this morning for your information. Attachment THE WHITE HOUSE WASHINGTON February 17, 1983 MEMORANDUM FOR MORTON C. BLACKWELL SPECIAL ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Invitation to Appear Before Mouvement des Jeunes Pour la Liberte de .'Enseignment You have inquired whether it would be appropriate for you to accept the invitation of the Mouvement des Jeunes Pour la Liberte de l'Enseignment (MJLE) to appear before a group of student leaders in Paris, and whether it would be appropriate to accept reimbursement for expenses from MJLE. Since MJLE appears to be the French equivalent of the sort of domestic organization within the purview of your official liaison duties, the contemplated trip must be considered official travel. You may not accept reimbursement of expenses for official travel, since doing so would consti- tute an unauthorized supplementation of appropriations. It is often difficult to draw the line between official and personal travel, but, as noted in my August 24, 1981 memoran- dum to the White House Staff on acceptance of transportation and travel-related expenses, "any doubt as to the appropriate- ness of accepting travel expenses or reimbursement must be resolved in favor of not accepting.' (Emphasis in original). While there is an exception to the general rule for reimbursement from 501 (c) (3) organizations, 5 U.S.C. § 4111, the exception does not apply to foreign organiza- tions, no matter how similar they may be to domestic 501 (c) (3) organizations. If the trip is undertaken as official travel, it must be paid for out of appropriated funds. Although the trip must be considered official for purposes of determining if reimbursement is appropriate, I think you will agree that a serious appearance problem would be raised by official travel to Paris to appear before MJLE. In light of the foregoing, I must advise against acceptance of the invitation. Thank you for bringing this matter to our attention. FFF: JGR:aw 2/19/83 CC: FFFielding/JGRoberts/Subj./Chron THE WHITE HOUSE WASHINGTON February 17, 1983 MEMORANDUM FOR MORTON C. BLACKWELL SPECIAL ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Invitation to Appear Before Mouvement des Jeunes Pour la Liberte de 'Enseignment You have inquired whether it would be appropriate for you to accept the invitation of the Mouvement des Jeunes Pour la Liberte de l'Enseignment (MJLE) to appear before a group of student leaders in Paris, and whether it would be appropriate to accept reimbursement for expenses from MJLE. Since MJLE appears to be the French equivalent of the sort of domestic organization within the purview of your official liaison duties, the contemplated trip must be considered official travel. You may not accept reimbursement of expenses for official travel, since doing so would consti- tute an unauthorized supplementation of appropriations. It is often difficult to draw the line between official and personal travel, but, as noted in my August 24, 1981 memoran- dum to the White House Staff on acceptance of transportation and travel-related expenses, "any doubt as to the appropriate- ness of accepting travel expenses or reimbursement must be resolved in favor of not accepting." (Emphasis in original). While there is an exception to the general rule for reimbursement from 501 (c) (3) organizations, 5 U.S.C. § 4111, the exception does not apply to foreign organiza- tions, no matter how similar they may be to domestic 501 (c) (3) organizations. If the trip is undertaken as official travel, it must be paid for out of appropriated funds. Although the trip must be considered official for purposes of determining if reimbursement is appropriate, I think you will agree that a serious appearance problem would be raised by official travel to Paris to appear before MJLE. In light of the foregoing, I must advise against acceptance of the invitation. Thank you for bringing this matter to our attention. FFF:JGR:aw 2/19/83 CC: FFFielding/JGRoberts/Subj./Chron JMH:LLS:djd cc: Files Gauf Simms JUN 9 1977 MEMORANDUM FOR THE HONORABLE DOUGLAS HURON ouvels Associate Counsel to the President 10:3 Re: Acceptance by of Expenses of travel to Germany By your memorandum of May 17, 1977, you requested our opinion regarding the propriety of to the President, accepting transportation and other expenses associated with his attendance at a conference to be held in Berlin, Germany, to which be has been invited by one of the sponsoring organizations, The American Council on Germany (hereafter "American Council"). You specifically requested our opinion as to whether could accept reimbursement for that travel were he in a leave status during the trip and whether he could accept such reimburse- ment "without taking leave." For reasons stated hereafter, we conclude that he may, on the basis of the facts known to us, accept reimbursement for his travel expenses, including subsistence, if in a leave status. We also conclude that the expenses of his trip, if that trip is regarded as official business, may be reimbursed to him by the American Council but not by its German counterpart, Atlantik-Bruecke. I. Background In & letter dated April 29, 1977 and addressed to at his office as to the resident, has been invited to attend a conference in Barlin between August 14-18, 1977. The etated purpose of this conference is "to bring together interesting young people to examine and discuss E wide variety of urgent political and economic issues facing all of us." That letter, from the American Council, states that the Council will pay transportation and that the co-sponsoring group, Atlentik-3ruecke, "will provide the hotel accommodations and support services in Germany." The letter further states that ||a]11 delegates attend 28 individuals and speak for them- gelves." We are informed by the Internal Revenue Service that the American Council is currently a tax exempt organization under 3501 (c) (3) of the Internal Revenue Code. We are also in- formed by the American Council that Atlantik-Bruecke is a privately funded organization in Germany with interests similar to those of the Council and having no connection with the government of the Federal Republic of Germany and having no direct dealings with the Government. II. Applicability of Conflict of Interest Laws Because none of the reimbursement anticipated here would come from a foreign government and hence not implicate Art. 1, $9, cl. 8, we think that the only statutory provisions directly relevant to the issues presented are 18 U.S.C. $209 and 5 U.S.C. $4111. Under the former, the salary of a federal employee must be paid by the Government or by a state or local governmental unit. Thus, if attendance at the conference were to be characterized as part of his official duties, he would be prohibited from accepting reimbursement for his expenses other than from the federal government or, by virtue of 5 U.S.C, $4111, from an organization tax exempt under $501 (c) (3) of the Internal Revenue Code. If, on the other hand, attendance at the conference is seen as unrelated to his official duties, he would be free to accept reimbursement so long as he were in a leave status because there are no statutory restrictions placed on the acceptance of such gifts by federal employees. The question whether attendance should be viewed as part of his official duties presents more a question of judgment than of law. The standards of conduct currently effective for White House personnel k specifically 3 C.F.R. $100.735-14 &15, do not resolve this question with any clarity Under 3 C.F.R. $100.735-15(d) (1), an employee may, by implication, accept the payment of expenses for his acticipation in unofficial activities that are not incompat- ible with his Government service and which are not otherwise reimbursed by the Government. To the extent that these pro- visions deal with unofficial activity, they permit to accept Teimbursement for the expenses he would incur in going to the conference in a leave status. - 2 - The White House code of conduct, however says nothing about when an employee's activities might be thought of as so closely related to his official duties that his acceptance of reimburse- ment for his expenses might constitute a violation of 18 U.S.C. $209. While it may be reasonable for you and to con- clude that his attendance would not be related to his official duties, in making that determination you aight want to consider the guidelines applied by other agencies. For example, the Department of Commerce regulations regarding this subject, 15 C.F.R. $0.735-12(b) (3), provide that an "activity shall ordinarily be considered to be in the course of ... an employee's official respon- sibilities if it is performed as a result of an Invitation or request which is addressed to an employee at his office at the Department or which there is reason to believe is extended partly because of the official position of the employee concerned." Under the Commerce Department standard, could be reimbursed for any expenses incurred by the American Council, because of its tax exempt status, but by Atlantik-Bruecke be may not. t. John M. Harmon Acting Assistant Attorney General Office of Legal Counsel AKING ENG Ly WH Emp. THE WHITE HOUSE WASHINGTON January 19, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS ask SUBJECT: Speaking Engagement in France for Morton Blackwell Morton Blackwell has inquired whether he may accept an invitation to speak to a conference of French student leaders in Paris, and accept reimbursement for travel and lodging. Mouvement des Jeunes Pour la Liberte de L'Enseign- ment (MJLE), a student group dedicated to non-public schools, is holding a seminar for its leaders to study American methods of organization and leadership. The group describes itself as non-partisan, and Blackwell has been told it is the French equivalent of a 501 (c) (3) organization. Blackwell would not receive an honorarium. If Blackwell's activities in connection with his appearance in Paris are part of his official duties, acceptance of reimbursement would constitute an unauthorized supplementa- tion of appropriations. If Blackwell's activities are unofficial, he could accept reimbursement, provided (as seems likely) MJLE does no business with Blackwell's office and has no other interests that may be affected by perfor- mance or non-performance of Blackwell's official duties. 3 C.F.R. 100.735. My impression is that MJLE is a French equivalent of the sort of group Blackwell is responsible for liaison with here in the United States, particularly with regard to issues such as tuition tax credits. I talked with Blackwell briefly as to whether the trip would be in connection with his official duties or would be personal, and he was unable to say. I think the visit is at least sufficiently related to Blackwell's official duties to raise a doubt concerning the appropriateness of acceptance of reimbursement, and, as pointed out in your memorandum of August 24, 1981, to the White House Staff, "any doubt as to the appropriateness of accepting travel expenses or reimbursement must be resolved in favor of not accepting." (Emphasis in original.) -2- Of course, if MJLE were a domestic group, Blackwell could accept reimbursement under 5 U.S.C. $ 4111, which permits acceptance of travel and subsistence expenses from 501 (c) (3) organizations. There is, however, no analogous statutory provision for foreign charitable groups. I recommend advising Blackwell (1) that he may not accept reimbursement, because the invitation is too closely related to his official duties, and (2) that he not accept the invitation as official travel, paid for out of appropriated funds, because of appearance problems. In essence, the trip is too official to permit reimbursement, but not official enough to permit government payment without appearance problems. This is exactly the sort of "Catch 22" situation 5 U.S.C. § 4111 was designed to avoid, but, as noted, that statute is of no help here. I am not entirely comfortable with this conclusion, because of the 5 U.S.C. § 4111 analogy, and because I think it would create less of an appearance problem if MJLE paid for the trip than if the government did. I do not, however, see any other conclusion, unless it be the somewhat artificial one that Blackwell only has domestic liaison duties, and foreign visits are ipso facto personal. Attachment THE WHITE HOUSE WASHINGTON January 19, 1983 MEMORANDUM FOR MORTON C. BLACKWELL SPECIAL ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Invitation to Appear Before Mouvement des Jeunes Pour la Liberte de l'Enseignment You have inquired whether it would be appropriate for you to accept the invitation of the Mouvement des Jeunes Pour la Liberte de l'Enseignment (MJLE) to appear before a group of student leaders in Paris, and whether it would be appropriate to accept reimbursement for expenses from MJLE. Since MJLE appears to be the French equivalent of the sort of domestic organization within the purview of your official liaison duties, the contemplated trip must be considered official travel. You may not accept reimbursement of expenses for official travel, since doing so would consti- tute an unauthorized supplementation of appropriations. It is often difficult to draw the line between official and personal travel, but, as noted in my August 24, 1981 memoran- dum to the White House Staff on acceptance of transportation and travel-related expenses, "any doubt as to the appropriate- ness of accepting travel expenses or reimbursement must be resolved in favor of not accepting." (Emphasis in original). While there is an exception to the general rule for reimbursement from 501 (c) (3) organizations, 5 U.S.C. § 4111, the exception does not apply to foreign organiza- tions, no matter how similar they may be to domestic 501 (c) (3) organizations. If the trip is undertaken as official travel, it must be paid for out of appropriated funds. Although the trip must be considered official for purposes of determining if reimbursement is appropriate, I think you will agree that a serious appearance problem would be raised by official travel to Paris to appear before MJLE. In light of the foregoing, I must advise against acceptance of the invitation. Thank you for bringing this matter to our attention. FFF:JGR:aw 1/19/83 CC: FFFielding/JGRoberts/Subj./Chron 19641 ID # CU WHITE HOUSE FG006-01 CORRESPONDENCE TRACKING WORKSHEET o OUTGOING H INTERNAL gR I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Morton Blackwell / Eric M. Lebec MI Mail Report User Codes: (A) (B) (C) Subject: Speaking Engagement in France to a conference of student leaders for Morton Blackwell ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CU HOLLAND ORIGINATOR 83/01/13 / / + Referral Note: WAT18 D 83,01,13 583,01,23 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 THE WHITE HOUSE WASHINGTON January 7, 1983 MEMORANDUM FOR FRED FIELDING FROM: MORTON BLACKWELL B SUBJECT: Speaking Engagement in France I have been invited by a French organization to speak to a conference of student leaders in early March. Attached is a copy of their letter of invitation. They have offered to pay my expenses but not an honorarium. Would it be appropriate for me to accept this invitation and receive reimbursement for travel and lodging? Since they are preparing the printed program, they would appreciate prompt word as to whether or not I will be able to attend. Enclosure January 5, 1983 Mr. Morton Blackwell The White House 119641 Washington, D.C. Dear Mr. Blackwell: On behalf of the Director of Mouvement des Jeunes Pour la Liberte de l'Enseignment, M. Remy Lescure, I am authorized to invite you to participate in a conference in Paris on the development of youth activities in the public policy field. The MJLE is a youth movement of 15,000 students whose purpose is the preservation and support of non-public educa- tion in France. The MJLE believes that an alternative educa- tional system provides a healthy environment for the growth of quality education, and an important set of options for the young people of France in an atmosphere of academic freedom. M. Lescure, a university student himself, has asked me to develop contacts with U.S. experts so that the experience of youth groups in America might foster international cooperation, and assist French youth in reaching their goals with greater ef- feciency. The MJLE is therefore organizing a seminar for a select group of MJLE leaders to study American methods of organi- zation and leadership development. The conference will be held in Paris, and is tentatively scheduled for March 4th, 5th, and 6th. The MJLE is a student organization which is non-partisan and devoted to educational concerns. MJLE will, of course, pay for your travel, lodging, and other necessary expenses, but will be unable to pay an honorarium. We hope to hear from your soon. We would like to welcome you as a guest to Paris. Sincerely, the 14. Like Eric M. Lebec President Culture et Promotion Populaire 15 Rue de Grenelle Paris 7 THE WHITE HOUSE WASHINGTON October 4, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS are SUBJECT: Invitation from American Bar Association to Robert F. Turner to Speak on War Powers Resolution Robert F. Turner, Counsel to the President's Intelligence Oversight Board, has asked you and Bob Kimmitt if you have any objections to him accepting an invitation to speak on the War Powers Resolution at a breakfast "for movers and shakers in the American Bar Association." The invitation was sent by W.C. Mott for the ABA's Standing Committee on Law and National Security. The breakfast is scheduled for October 21. Turner would advise the audience that "I was wearing my ABA hat rather than my White House hat." I do not think that much can be gained by having an official in Turner's position speaking on the War Powers Resolution so soon after the delicate compromise reached on Lebanon. Despite disclaimers Turner will be viewed as representing Administration policy, and the audience could be influential enough that Turner's statements will have some impact. I think we should let the waters settle somewhat before sailing forth with our views on war powers before any forum. If you disagree, at the very least we should review a draft of Turner's proposed remarks. Attachment THE WHITE HOUSE WASHINGTON October 5, 1983 MEMORANDUM FOR ROBERT F. TURNER COUNSEL TO THE PRESIDENT'S INTELLIGENCE OVERSIGHT BOARD FROM: FRED F. FIELDING Orig COUNSEL TO THE PRESIDENT SUBJECT: American Bar Association Invitation to Speak on War Powers Resolution: Thank you for your memorandum of September 28, asking if we had any objections to your accepting an invitation to address an ABA breakfast on the subject of the War Powers Resolution. I am inclined to think that any remarks you might make would, despite disclaimers, be viewed as representing Administration policy. I do not consider it an opportune time for unnecessary pronouncements on the War Powers Resolution, so soon after the delicate compromise on Lebanon. It strikes me as preferable to avoid controversy on this subject as much as possible while the waters settle. Accordingly, I recommend that you decline the ABA invitation. Thank you again for raising this matter with US. FFF: JGR:aea 10/5/83 CC: FFFielding JGRoberts Subj. Chron THE WHITE HOUSE WASHINGTON October 4, 1983 MEMORANDUM FOR ROBERT F. TURNER COUNSEL TO THE PRESIDENT'S INTELLIGENCE OVERSIGHT BOARD FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: American Bar Association Invitation to Speak on War Powers Resolution Thank you for your memorandum of September 28, asking if we had any objections to your accepting an invitation to address an ABA breakfast on the subject of the War Powers Resolution. I am inclined to think that any remarks you might make would, despite disclaimers, be viewed as representing Administration policy. I do not consider it an opportune time for unnecessary pronouncements on the War Powers Resolution, so soon after the delicate compromise on Lebanon. It strikes me as preferrable to avoid controversy on this subject as much as possible while the waters settle. Accordingly, I recommend that you decline the ABA invitation. Thank you again for raising this matter with us. 174117 ID # CU WHITE HOUSE FG006-20 CORRESPONDENCE TRACKING WORKSHEET o . OUTGOING H . INTERNAL I . INCOMING Date Correspondence JR Received (YY/MM/DD) / / Name of Correspondent: Robert F. Turner MI Mail Report User Codes: (A) (B) (C) Subject: Speaking Inritation- american Bar association breakfast Octobes 21, 1983, from W.C. matt ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHOIL ORIGINATOR 83,09,30 ws / / Referral Note: WAT18 D 83,09,30 WS S 83,10 . 10 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 American Bar Association CHAIRMAN John Norton Moore University of Virginia School of Law Charlottesvilie, VA 22901 Richard E. Friedman Chicago, IL Rita E. Hauser New York, NY Ronald A. Jacks Chicago, IL Max M. Kampelman Washington, DC Monroe Leigh Washington, DC September 28, 1983 John O. Marsh, Jr. Washington, DC John B. Rhinelander Washington, DC John H. Shenefield Washington. DC Daniel B. Silver Washington, DC R. James Woolsey Robert F. Turner, Esq. Washington, DC ADVISORY COMMITTEE Counsel CHAIRMAN President's Intelligence Oversight Board Morris I. Leibman Suite 4800 One First National Plaza Room 531, OEOB Chicago, IL 60603 The White House VICE CHAIRMAN George D Haimbaugh, Jr. Washington, D.C. 20500 University of South Carolina School of Law Columbia, SC 29208 Dear Bob: BOARD OF GOVERNORS LIAISON Joseph E. Stopher Our Chairman, John Norton Moore, would like to have you speak One Riverfront Plaza Louisville, KY 40202 on the War Powers Resolution at our next breakfast for movers and COUNSELLORS TO shakers in the American Bar Association. It will be held on THE COMMITTEE Warren Christopher Friday, October 21, at 8 a.m. at the Army and Navy Club. At the Los Angeles, CA Edward H. Levi last breakfast, which was attended by leaders in the Bar hierarchy, Chicago, IL it was suggested that we should expand the guest list. That is Myers McDougal New Haven, CT because they were so impressed with Jim Woolsey's scholarly William P. Rogers New York, NY dissertation on the problems of nuclear balance and arms control. Eugene Rostow New Haven, CT Dean Rusk You already know the format - 20 to 25 minutes of talk Athens. GA followed by questions and answers. You can, of course, as Jim YOUNG LAWYERS DIVISION LIAISON J. Michael Shepherd did once or twice, duck political questions. Washington, DC LAW STUDENT We want to get an announcement letter out as soon as possible DIVISION LIAISON David Pine so we would appreciate it if you would call Mary Lee (543-5445 or Ann Arbor, MI CONSULTANTS TO 543-4994) as quickly as you can get clearance. THE COMMITTEE Frank R. Barnett David Martin William C. Mott All the best. Lawrence H. Williams STAFF DIRECTOR Mary Lee Sincerely, 217 9th Street S.E. Washington, DC 20003 Tel. 202-543-5445 Bill W. C. Mott For the Committee STANDING COMMITTEE ON LAW AND NATIONAL SECURITY 1155 EAST 60TH ST., CHICAGO, ILLINOIS 60637 TELEPHONE (312) 947-4000