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Chron File (03/15/1983-03/24/1983)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Chronological 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: Chron File (03/15/1983-03/24/1983)
Box: 59
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
IGP
8/3/2005
File Folder
CHRON FILE (03/15/1983 - 03/24/1983)
FOIA
F05-139/01
Box Number
COOK
7IGP
DOC
Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
COPY Reagan Presidential Record
1 MEMO
ROBERTS TO FIELDING RE JUDGEMENT
1 3/24/1983 B6
436
AGAINST WHITE HOUSE EMPLOYEE
(PARTIAL)
2 LETTER
JUDGEMENT AGAINST WHITE HOUSE
1 3/24/1983 B6
437
EMPLOYEE (PARTIAL)
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)(8) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-6 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
WABHINGTON
March 15, 1983
Dear Mr. Greene:
Senator Laxalt has advised the White House of your gracious
proposal to paint portraits of the President and Mrs. Reagan
on terms, by your description, of "speculation."
Senator Laxalt has advised us that in his opinion your
portraits would be outstanding. The President and Mrs.
Reagan, however, receive numerous requests to sit for
portraits. For reasons I am certain you can appreciate, it
has been necessary for them to adopt the policy of declining
such requests. Out of fairness, it is necessary to adhere
to this policy in responding to your proposal. Please be
assured that this is in no way a reflection on your work.
Thank you for your generous proposal. I trust you will
understand the reasons it cannot be accepted.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Daniel E. Greene
Daniel Greene, N.A.
Route 116
North Salem, New York 10560
FFF: JGR:aw 3/15/83
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Dee Feb. 23 Chron
THE WHITE HOUSE
March 15, 1983
Dear Paul:
Mike Deaver forwarded your inquiry concerning the artist
Daniel Greene to me. As you might imagine, the Reagans
receive numerous requests to sit for portraits on specula-
tion. As a result, they have had to adopt a policy of
declining all such requests, even when they come from such a
distinguished artist as Mr. Greene.
I have written to Mr. Greene advising him of this policy,
and am enclosing a copy of that letter for your information.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Paul Laxalt
United States Senate
Washington, D.C. 20510
Enclosure
FFF:JGR:aw 3/15/83
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THE WHITE HOUSE
WASHINGTON
March 15, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter from Senator Laxalt Concerning
Portrait Artist Daniel Greene
You forwarded the above-referenced letter to this office,
for our direct reply on behalf of Senator Laxalt. I attach
for your information copies of our replies to Mr. Greene and
to Senator Laxalt.
Attachments
FFF:JGR:aw 3/15/83
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THE WHITE HOUSE
WASHINGTON
March 15, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ask
SUBJECT:
Draft Presidential Message
Re: Crime Legislation
Richard Darman has submitted the draft Presidential Message
on Crime for final clearance, requesting comments by 6:00
p.m. tonight. The draft is not substantially changed from
the version circulated on March 1. The three changes
suggested in your memorandum of March 3 (attached) have been
adopted, but a line was inadvertently dropped in making the
second suggested change. In light of the short deadline, I
have called Darman's office and alerted them to this problem.
The attached proposed memorandum will confirm that
conversation.
Attachment
THE WHITE HOUSE
WAEHINGTON
March 15, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Message
Re: Crime Legislation
Counsel's Office has reviewed the new draft of the above-
referenced Presidential Message. In making a change sug-
gested in my memorandum of March 3 on an earlier draft, a
line was apparently inadvertently dropped. The last sentence
of the third paragraph on page two should read: "It is
unfortunate that S. 2572 was not enacted during the last
Congress, but I look forward to working with the 98th
Congress to secure, at long last, passage of critically
needed substantive criminal law reform."
FFF:JGR:aw 3/15/83
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 16, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
esd
SUBJECT:
Draft Presidential Statement:
Crime Control Legislation
Richard Darman has requested comments to be sent directly to
Aram Bakshian by 11:00 this morning on a proposed Presidential
statement on the Comprehensive Crime Control Act of 1983.
The statement cites previous Administration efforts -- such
as the task force initiative -- notes increasing successes
in the war on crime, and reviews some of the highlights of
the crime package. I see no legal objections to the
statement. The sentence on the exclusionary rule is awkward,
however, since it is phrased in terms of the rule being
"barred," when that phrasing is usually used with respect to
the evidence. I also think it more forceful to state the
proposal affirmatively, as letting the evidence in, rather
than "barring" the rule. I suggest substituting the following
for the sentence beginning on page 2, line 14: "Evidence of
a crime would be admissible when the officer seizing it
acted in a reasonable, good faith belief that his action was
lawful.'
Attachment
THE WHITE HOUSE
March 16, 1983
MEMORANDUM FOR ARAM BAKSHIAN
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Statement:
Crime Control Legislation
Counsel's Office has reviewed the above-referenced draft
Presidential statement. In our view the exclusionary rule
proposal should be stated more affirmatively. We suggest
that the following be substituted for the sentence beginning
on page 2, line 14: "Evidence of a crime would be admissible
when the officer seizing it acted in a reasonable, good
faith belief that his action was lawful." We also assume
that "socking" on page 1 is meant to be "locking."
CC: Richard G. Darman
FFF:JGR:aw 3/16/83
CC: FFFielding
JGRoberts
Subj.
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 17, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Law Day Proclamation
I have edited the draft Law Day Proclamation submitted by
the ABA, and with your approval will send the new version to
OMB for clearance. The most significant change between what
the ABA submitted and what I would like to see go forward is
deletion of the ABA's analogy between a citizen's interest
in justice and a shareholder's interest in a corporation.
The corporate imagery struck me as impolitic. I have
attached the original ABA version, should you wish to
scrutinize the changes more closely.
Attachment
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 17, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
esk
SUBJECT:
Draft Presidential Decision Memorandum
Re: Commission on U.S. Trade Policy
Richard Darman has requested comments by close of business
March 17 on the above-referenced draft decision memorandum,
prepared by USTR William E. Brock. The memorandum recommends
the establishment of a "blue-ribbon Presidential Commission
with membership drawn from industry, labor, agriculture, and
academia" to analyze trade policy problems and recommend an
appropriate trade policy for the 1980's. Brock states in
his memorandum that such an initiative is needed to respond
to growing protectionist sentiments both here and among our
trading partners, and to review the possibly out-moded and
inadequate GATT process. Brock specifically notes that the
proposed Commission would have a long-term perspective and
would not address organization of Executive Branch trade
offices. The proposal calls for a Commission of up to
twenty-five members (and includes a list of candidates) and
a staff under the direction of retiring deputy USTR David R.
Macdonald.
I see no legal objections to the decision memorandum, but we
should take this opportunity to remind those involved of
some of the legal requirements that would accompany a
decision to establish a Commission as recommended by Brock.
The Commission would be subject to the Federal Advisory
Committee Act (FACA), 5 U.S.C. App. I § 3 (2) (B), and accord-
ingly must be established by executive order and operate
under a charter, id. § 9 (a) (1), (c). Its meetings must also
be conducted in compliance with FACA, id. § 10.
The other question of particular concern to this office is
the applicability of conflict of interest laws. Based on
descriptions in the Brock memorandum, it appears that the
members of the Commission would be Special Government
Employees. Although the members are to be "drawn from"
industry, labor, agriculture, and academia, the memorandum
does not suggest that they are to represent the interests of
their respective segments of the economy in such a fashion
-2-
that they could be considered not to be government employees
at all. The members of the Commission would thus be subject
to 18 U.S.C. § 208, which prohibits participation in any
matter the outcome of which will have a direct and predict-
able effect on financial interests covered by the section.
The list of possible members contains many individuals with
financial interests in international trade. The mandate of
the Commission, however, concerns such broad policy issues
that I do not think there will be any inherent section 208
problems. At this stage we should alert those concerned to
the SGE status of Commission members and the need for
consideration of conflicts questions once the Commission
charter and list of proposed members become more definite.
THE WHITE HOUSE
WABHIMGTON
March 17, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Decision Memorandum
Re: Commission on U.S. Trade Policy
Counsel's Office has reviewed the above-referenced draft
decision memorandum, and finds no objection to it from a
legal perspective.
A commission of the sort proposed in the decision memorandum
would be subject to the Federal Advisory Committee Act, 5
U.S.C. App. I, and accordingly must be established by
executive order, operate pursuant to a charter, and
otherwise conduct its business in compliance with the
requirements of the Act. Members of the commission would in
all likelihood be considered Special Government Employees,
and it will be necessary to address potential conflict of
interest questions once the mandate of the commission and
the list of proposed members become more definite.
FFF:JGR:aw 3/17/83
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THE WHITE HOUSE
WASHINGTON
March 18, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Appropriations Authorization Proposals
from Department of Justice
Robert McConnell is seeking OMB clearance of two legislative
proposals relating to the Department of Justice appropria-
tions authorization process. The first proposal would
codify much of the language typically contained in DOJ's
annual appropriations authorizations, thereby taking most of
the Department's authorities out of the annual funding
process.
This approach is being proposed because Congress has failed
to pass the 1981, 1982, and 1983 authorization bills,
creating uncertainty (though largely theoretical) concerning
the authority of the Department. The second proposal
contains the required annual funding level authorization
request for FY 1984.
New, potentially controversial aspects of the permanent
authorization bill, not included in DOJ's FY 1983 authoriza-
tion request, include provisions which would:
O authorize the Deputy Attorney General as well as the
Attorney General to authorize expenditures for col-
lection of information and evidence of a confidential
nature.
authorize FBI, DEA, and Marshals Service agents to
attend competitive firearms matches, to improve their
skill and morale.
change the requirement that the FBI Director and the
Attorney General simultaneously approve undercover
operations to a requirement that the Director approve
and promptly notify the Attorney General or his
designee.
O give DEA the same exceptions from general re-
strictions on use of government funds that the FBI
enjoys, for undercover operations.
-2-
o authorize INS to use funds to purchase evidence and
pay for information, and accept gifts and voluntary
services.
I see no objection to the proposals, although I suspect
Congress will not be particularly anxious to yield any part
of its power to control, on an annual basis, the Department's
authorization.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 18, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Food Fair Proposal for Williamsburg Summit
At a meeting held March 9 in the Roosevelt Room, Michael
Deaver described to assembled food and drink trade association
representatives (see attached list) a proposal whereby the
associations would establish and operate food and drink
booths to provide free sustenance to reporters covering the
Economic Summit. The Office of Legal Counsel was looking
into the proposal at our request, and has now advised that
it sees no legal impediments. OLC suggests, however, that
the proposal move forward under the auspices of the State
Department and/or USIA, to minify any possible conflicts
problems, and because those agencies have gift acceptance
authority. In particular, OLC recommends that meetings take
place at State or USIA offices, and that direct contact with
trade association representatives in implementing the
proposal be through State or USIA officials.
Michael McManus is coordinating preparations for the Summit,
and was described at the March 9 meeting as the individual
to whom trade association representatives should convey
their interests in pursuing the proposal. I have prepared a
memorandum from you to McManus, advising that if the
project moves forward it should be under the auspices of the
State Department and/or USIA -- not the White House. I have
read the proposed memorandum to Robert Shanks, Deputy
Assistant Attorney General at OLC, and he concurs.
Attachment
THE WHITE HOUSE
WAEHINGTON
March 18, 1983
MEMORANDUM FOR MICHAEL A. MCMANUS
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Food Fair Proposal for Williamsburg Summit
Counsel's Office and the Office of Legal Counsel at the
Department of Justice have considered the proposal that food
and beverage trade associations establish and operate booths
to provide free food and drink to reporters covering the
upcoming Economic Summit. While we see no legal impediments
to the proposal, it should move forward under the auspices
of the State Department and/or the United States Information
Agency, not the White House. This will avoid involving the
White House in any potential appearance of conflict of
interest situations. In particular, any future meetings on
the proposal should take place in State Department or USIA
offices, and any necessary contact with trade association
representatives to implement the proposal should be through
State Department or USIA officials.
Please do not hesitate to contact us if you have any
questions.
FFF:JGR:aw 3/18/83
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not see sent entrised 3/22
THE WHITE HOUSE
WASHINGTON
March 22, 1983
MEMORANDUM FOR MICHAEL A. MCMANUS
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Food Fair Proposal for Williamsburg Summit
Counsel's Office and the Office of Legal Counsel at the
Department of Justice have considered the proposal that food
and beverage trade associations establish and operate booths
to provide free food and drink to reporters covering the
upcoming Economic Summit. While we see no legal impediments
to the proposal, it should move forward under the auspices
of the State Department and/or the United States Information
Agency, not the White House. This will avoid involving the
White House in any potential appearance of conflict of
interest situations. In particular, any future meetings on
the proposal should take place in State Department or USIA
offices, and any necessary contact with trade association
representatives to implement the proposal should be through
State Department or USIA officials. In light of your White
House position, you should not continue as the contact with
the trade association representatives.
Please do not hesitate to contact us if you have any
questions.
FFF: JGR:aw 3/22/83
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 22, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Further Correspondence From
Linwood M. Simon and Gloria Gaynor
On January 28 songwriter Linwood M. Simon and vocalist
Gloria Gaynor wrote the President, seeking his support for
promotion of their new recording, "America." Simon and
Gaynor consider the song patriotic and thought the President
would want to support promotion of their song as part of a
campaign to rekindle patriotism. You responded by noting
that the President could not endorse their song or become
involved in a promotional campaign, because of its obvious
commercial aspects. Simon and Gaynor have now responded
that they would never seek to compromise the President.
They note that Ms. Gaynor performed at a concert in 1979 at
Constitution Hall, with the proceeds going to Mrs. Carter's
"Save the Children" campaign, and that proceeds from any
White House sponsored activity in connection with their
patriotic campaign could go to a similar worthy charity.
The exact role of the White House contemplated by Simon and
Gaynor is not clear from their letter. I recommend simply
reiterating our earlier advice that the President cannot
become involved in a promotional campaign connected to their
song, and advising Simon and Gaynor that if they are
interested in performing at the White House, or for a White
House activity, they should contact Fred Ryan of the
Scheduling Office.
Attachment
THE WHITE HOUSE
WASHINGTON
March 22, 1983
Dear Mr. Simon and Ms. Gaynor:
Thank you for your further correspondence on the subject of
possible White House involvement in your efforts to increase
patriotic awareness. In your letter you acknowledged the
problems attendant upon Presidential endorsements of any
commercial product or enterprise, and indicated that the
proceeds of any White House sponsored activity could go to a
worthy charity.
As I advised in my letter of February 7, the White House
cannot become involved in any-way in a promotional campaign
centered on your song "America." This policy is applicable
regardless of any donations to charity made in connection
with record sales or concert proceeds.
You referred in your most recent letter to a 1979 benefit
concert at which Ms. Gaynor performed. Performance at such
benefit concerts does not violate the policy referred to
above, since the concerts do not involve the White House in
the promotion or endorsement of a commercial product or
enterprise. If you are interested in participating in such
an event, I recommend that you contact Fred Ryan of the
White House Scheduling Office.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Linwood M. Simon and
Ms. Gloria Gaynor
American World-Wide Sounds
P.O. Box 374
Fairview, New Jersey 07022
FFF:JGR:aw 3/22/83
CC: FFFielding/JGRoberts/Subj./Chron
THE WHITE HOUSE
WASHINGTON
March 22, 1983
Dear Mr. Russell:
Thank you for your recent letter requesting permission to
issue invitations to the 1984 Annual Meeting of the
President's Committee on Employment of the Handicapped in
the name of the President. In that letter you noted that
use of the President's name on the invitation would have
positive effects on volunteers active in the area and
disabled citizens generally.
I regret that we cannot grant the permission you seek. In
light of the significant number of Presidential committees,
commissions, and task forces, it is not possible to
authorize any one group to take action in the President's
name -- including issuing invitations -- without real risk
of a broad expansion of the practice in a manner that would
create the possibility of abuse and ultimately demean the
Office of the Presidency by overuse.
Let me assure you that the policy which has been adopted is
being uniformly applied, and, as I hope and believe you
know, in no way represents a change in the commitment of the
President to the work of the Committee on Employment of the
Handicapped or to the concerns of the handicapped community.
Thank you for writing. I am sorry that we cannot grant the
permission you seek, but I am confident that your next
Annual Meeting will be another success.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Harold Russell
Chairman
President's Committee on
Employment of the Handicapped
Washington, D.C. 20210
FFF:JGR:aw 3/22/83
CC: FFFielding/JGRoberts/Subj./Chron
THE WHITE HOUSE
WASHINGTON
March 22, 1983
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS
SUBJECT:
Patrick V. Hannon Proposal
Mr. Hannon has written Mr. Fielding, reiterating a request
that the President endorse his proposal to erect a monument
to American Presidents of Irish ancestry, to be built in
President Reagan's ancestral village of Ballyporeen. I
returned Mr. Hannon's calls in connection with this matter
on March 18, and advised him that the President could not
endorse his project or become involved with it in any way.
Mr. Hannon, an enthusiastic supporter of the President,
accepted this conclusion and the wisdom of the policy
underlying it. I do not think any further response is
necessary.
THE WHITE HOUSE
WASHINGTON
March 22, 1983
Dear Mr. Armitage:
With regard to your prospective appointment
as Assistant Secretary of Defense, it will
be necessary for you to complete the enclosed
Personal Data Statement and Financial Dis-
closure Report. Please return these forms
to me at your earliest convenience.
With best wishes,
Sincerely,
John G. Roberts
Associate Counsel
to the President
Mr. Richard Lee Armitage
9113 Glenbrook Road
Fairfax, Virginia
22031
Enclosures
THE WHITE HOUSE
WASHINGTON
March 22, 1983
Dear Mr. Domencich:
With regard to your prospective appointment
to the Interstate Commerce Commission, it
will be necessary for you to complete the
enclosed Personal Data Statement and Financial
Disclosure Report. Please return these forms
to me at your earliest convenience.
With best wishes,
Sincerely,
John G. Roberts
Associate Counsel
to the President
Mr. Thomas A. Domencich
139 Main Street
Montpelier, Vermont
05602
Enclosures
THE WHITE HOUSE
WASHINGTON
March 22, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
&
SUBJECT:
Draft Proclamation Designating April 14,
1983 as Pan American Day, and the Week
Beginning April 10, 1983 as Pan American Week
Dodie Livingston has requested comments by close of business
March 25 on the above-referenced draft proclamation.
Although not requested by Congress, such a proclamation is
traditional. The draft proclamation, prepared by the State
Department and approved by OMB, lauds the role of the
Organization of American States in promoting the shared
values and interests of the states of the Western Hemis-
phere. I have reviewed the draft proclamation and see no
legal objection.
Attachment
THE WHITE HOUSE
WASHINGTON
March 22, 1983
MEMORANDUM FOR DODIE LIVINGSTON
FROM:
FRED F. FIELDING
SUBJECT:
Draft Proclamation Designating April 14,
1983 as Pan American Day, and the Week
Beginning April 10, 1983 as Pan American Week
Counsel's Office has reviewed the above-referenced draft
proclamation, and finds no objection to it from a legal
perspective.
FFF:JGR:aw 3/22/83
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JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Donation of Ten Percent of Contributions
to May 12 Senate-House Dinner to James
S. Brady Presidential Foundation
Last Friday, March 18, we were asked to review draft Presi-
dential remarks to the Republican Leadership Council. Those
remarks contained a statement that ten percent of the
contributions to the May 12 Senate-House Republican dinner
would go to the James S. Brady Presidential Foundation. I
checked with Peter Wallison on this proposal, and he advised
that the scheme would subject the funds going to the Founda-
tion to a 46 percent tax, payable by the Committee holding
the dinner, under 26 U.S.C. § 527 (copy attached). That
provision imposes a tax on non-exempt function political
organization income, defined as income to the political
organization not used for political purposes. In light of
Wallison's concern, and the short turn-around time for
reviewing the draft remarks (four hours), I advised the
Speechwriter's Office, with RAH's concurrence, to delete the
reference to the ten percent scheme. They did so, retaining
the unobjectionable statement that the dinner would honor
Mr. Brady.
I have now called Larry Halloran, counsel to the committee
holding the May 12 dinner, to alert him to the concern
raised by Wallison. Halloran was familiar with 26 U.S.C.
§ 527, and indicated that it would be considered in planning
the dinner. There is no need for any further action on our
part, but I wanted to advise you of what had transpired.
THE WHITE HOUSE
WASHINGTON
March 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
groe
SUBJECT:
Presidential Seal Request
of Miss Terry Lynn Green
Terry Lynn Green is planning to participate in the Essex
County Scholarship Pageant, an opening round event on the
road to the Miss America Pageant itself. For the "talent"
portion of the contest she contemplates delivering an
oration entitled "The First Woman President of the United
States" (she encloses a draft) and would like to use the
Presidential Seal on the podium during her oration. Such
use is not permitted by the regulations, unless you were to
consider Miss Green's use one for an "exceptional historical,
educational, or newsworthy purpose." Assuming that is not
the case, I have drafted a letter to Miss Green denying her
request, with copies of the pertinent statute and executive
order. Presumably we can reconsider should Miss Green make
it all the way to Atlantic City.
Attachment
THE WHITE HOUSE
WASHINGTON
March 23, 1983
Dear Miss Green:
Thank you for your recent letter requesting permission to
use the Seal of the President in connection with your
participation in the Essex County Scholarship Pageant. The
permitted uses of the Seal of the President are limited by
statute and executive order. I have attached a copy of the
pertinent provisions for your information.
Your contemplated use of the Seal in connection with the
Scholarship Pageant does not fall within any of the uses of
the Seal authorized by law. Accordingly, I am unable to
grant your request. I trust you will understand that this
determination is in no way a reflection on the oration you
plan to deliver.
Best of luck at the pageant,
Sincerely,
Fred F. Fielding
Counsel to the President
Miss Terry Lynn Green
191 North 16th Street
East Orange, New Jersey
07017
Attachments
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THE WHITE HOUSE
WASHINGTON
March 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Request for Presidential Message
From Ray Scherer, RCA
The RCA Space Center is planning a celebration to commemorate
its twenty-fifth anniversary on March 28, and Ray Scherer,
RCA Vice President, has asked William F. Sittmann if President
Reagan might send a congratulatory letter to the RCA Chairman
and the General Manager of RCA Astro-Electronics. Mr.
Scherer thought such a message would be in keeping with the
President's recent tributes to high-technology industry.
The "Guidelines for Special Presidential Messages" circulated
August 20, 1982, provide that events sponsored by a profit-
making organization generally do not qualify for messages.
I see no reason to depart from this policy in this case, and
have drafted a memorandum to Sittman for your signature,
reminding him of the established policy.
Attachment
THE WHITE HOUSE
WASHINGTON
March 23, 1983
MEMORANDUM FOR WILLIAM F. SITTMAN
FROM:
FRED F. FIELDING
SUBJECT:
Request for President Message
From Ray Scherer, RCA
You have asked for our comments on the request from Ray
Scherer for a Presidential message commemorating the twenty-
fifth anniversary of the RCA Space Center. The "Guidelines
for Special Presidential Messages," circulated on August
20, 1982, provide that messages over the President's sig-
nature will be issued only for enumerated events and
occasions. The event described in Mr. Scherer's letter does
not fall within any of the accepted categories. In
addition, the Guidelines provide that events sponsored by a
profit-making organization generally do not qualify for
Presidential messages. We see no reason to depart from
established policy in this instance, and the request from
Mr. Scherer should accordingly be denied. I have attached a
copy of the Guidelines for your information and reference.
Attachment
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THE WHITE HOUSE
WASHINGTON
March 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSOM
SUBJECT:
Enrolled Resolution S.J. Res. 35 --
National Mental Health Counselors Week
Richard Darman has requested comments by 1:00 p.m. today on
enrolled resolution S.J. Res. 35, which designates this week
as National Mental Health Counselors Week, and calls upon
the President to issue an appropriate proclamation. The
resolution, passed by voice vote in both houses, describes
the training, certification, and work of mental health
counselors. OMB and HHS recommend approval; I see no legal
objections. A proclamation is being drafted, and we should
stress that it should be available for Presidential
signature before expiration of the week.
Attachment
THE WHITE HOUSE
WASHINGTON
March 23, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.J. Res. 35 --
National Mental Health Counselors Week
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective. The proclamation called for by this resolution
should be issued before expiration of the week it commemorates.
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ADMINISTRATIVELY SENSITIVE - not to be released
without authority of the Counsel to the President
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS,
SUBJECT:
Holdover Status of Federal
Reserve Board Chairman
I was asked to determine the consequences of the expiration
of the term of the Chairman of the Federal Reserve Board,
and in particular whether the incumbent could hold over as
Chairman until qualification of a successor. The pertinent
statute provides that the Chairman of the Federal Reserve
Board shall serve "for a term of four years." 12 U.S.C.
§ 242 (App. I 1977). Paul Volcker's term as Chairman
expires August 5, 1983; his term as a member of the Board
does not expire until January 31, 1992.
In an opinion dated January 31, 1978, the Office of Legal
Counsel considered the status of the Chairmanship of the
Federal Reserve Board in the event the President's nominee
was not confirmed by the time the incumbent's term expired.
2 O.L.C. Op. 394 (Tab A). That opinion concluded that
the statutory holdover provision applicable to members of
the Board, 12 U.S.C. § 242 (App. I 1977), did not apply to
the office of Chairman. The Chairman cannot hold over; his
term expires when the statutory period has run. The opinion
further concluded that the Vice Chairman should not assume
the responsibilities of the Chairman upon expiration of the
Chairman's term. The statute provides that the Vice Chairman
shall preside at Board meetings in the "absence" of the
Chairman, 12 U.S.C. § 244 (1976), but the opinion concluded
that the term "absence" referred to a temporary condition,
not a vacancy.
The O.L.C. opinion determined that, when a vacancy arises in
the office of Chairman while the President's nominee is
awaiting Senate confirmation, the President should designate
a member of the Board to serve as Acting Chairman. This is
in fact what President Carter did. On February 2, 1978, he
designated Arthur F. Burns, the previous Chairman, to serve
as "Acting Chairman" until designation of his successor.
Mr. Burns served as Acting Chairman until March 8, 1978,
when G. William Miller was designated Chairman. (The need
to have an Acting Chairman was occasioned by the fact that
ADMINISTRATIVELY SENSITIVE not to be released
without authority of the Counsel to the President
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Miller was not confirmed as a member of the Board until
March 3, 1978; at the time the office of Chairman did not
require separate Senate confirmation, as it now does.)
The option of designating an Acting Chairman, however, would
not seem to be available in the absence of a pending nomina-
tion or other circumstance indicating that the designation
was only to cover a short-term, emergency situation. While
the Vacancy Act, 5 U.S.C. §§ 3345-3348 (1976), does not, by
its terms, apply to the Federal Reserve Board, see 2 O.L.C.
Op., at 396, there is pertinent case law to the effect that
the President cannot appoint "acting" officers in the face
of statutes requiring Senate confirmation, in the absence of
an emergency situation.
The leading case is Williams V. Phillips, 360 F. Supp. 1363
(D.D.C.) aff'd, 482 F. 2d 669 (D.C. Cir. 1973) (Tab B).
President Nixon appointed Howard Phillips Acting Director of
the Office of Economic Opportunity; the post of Director
required Senate confirmation. The district court enjoined
Phillips from taking any action as Acting Director of OEO,
ruling that "in the absence of legislation [providing
for an acting director] or legislation vesting a temporary
power of appointment in the President, the constitutional
process of nomination and confirmation must be followed."
360 F. Supp., at 1371. The Court of Appeals affirmed,
noting that even if the power existed "to appoint an acting
director for a reasonable period of time before submitting
the nomination of a new director to the Senate," such a
power would not justify the situation before it, in which
Phillips had served as Acting Director for four months with
no nomination having been submitted to the Senate. 482
F. 2d, at 670-671. The O.L.C. opinion specifically distin-
guished the Phillips case on the ground that in Phillips no
name had been submitted to the Senate, while in the case
considered in that opinion a nomination was pending. 2
O.L.C. Op., at 396 n. 5.
According to the O.L.C. opinion, the Chairman of the Federal
Reserve Board cannot hold over; in the event of a vacancy,
the President must designate an Acting Chairman. According
to Phillips, such an acting official can only be appointed
for a short period and in an "emergency" situation. The
combined effect of these authorities is that, upon expira-
tion of Chairman Volcker's term, the President may appoint
any member of the Board Acting Chairman (including Volcker),
but only if a nomination for Chairman is pending or soon to
be submitted.
Attachments
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 24, 2983
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS
SUBJECT:
Ohio River Valley Water Sanitation Commission
I have reviewed the Personal Data Statements submitted by
Jean M. Barren and Joseph D. Cloud for appointment as
representatives of the United States on the Ohio River
Valley Water Sanitation Commission. The President is
authorized to appoint representatives to this Commission by
Article IV of the Ohio River Valley Water Sanitation Compact,
54 Stat. 753 (1940). The Commission, composed of three
Federal representatives and three representatives from each
member state, is charged with reviewing and reporting on
water pollution in the Ohio River Valley, and is empowered
to issue orders against municipalities, corporations, and
individuals with respect to the discharge of sewage or waste
into the Ohio or its tributaries.
The Personal Data Statements for both Mrs. Barren and Mr.
Cloud are straightforward, and reveal no conflicts that
would preclude their appointment to the Commission.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Correspondence from A.R. Ceresa,
Trustee of the Rossmoor Liquidating
Trust, to Michael Deaver
A.R. Ceresa, trustee of the Rossmoor Liquidating Trust, has
written Michael Deaver about litigation involving his
company and the Marine Corps. According to Ceresa's letter,
the Marine Corps has imposed land use restrictions on
property owned by Ceresa's company. Ceresa wants to develop
the land, but was unsuccessful in negotiating a modification
of the restrictions and brought suit last year. On March 7,
1983 a federal district court denied a Marine Corps motion
for summary judgment and set an October date for a full
hearing. Ceresa states that he wants to avoid lengthy
litigation and offer a substantial settlement, but the
Marines have rebuffed his overtures. He would like to
discuss the matter with Deaver.
It would be inappropriate for Deaver to meet with a personal
friend to discuss settlement of a pending lawsuit filed by
that individual against the United States. I have prepared
a reply for Deaver's signature, advising Ceresa of this
fact, and a transmittal memorandum to Deaver.
Attachments
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from A.R. Ceresa
I attach a draft reply to A.R. Ceresa, trustee of the
Rossmoor Liquidating Trust, who has written you asking to
discuss pending litigation between his company and the
United States. As you know, such a discussion would be
inappropriate, and the draft reply so advises Mr. Ceresa.
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THE WHITE HOUSE
WASHINGTON
March 24, 1983
Dear Al:
Thank you for your recent letter, describing the circumstances
which have led to litigation between your company and the
United States Marine Corps. I appreciate the spirit in
which your letter was written.
It would, however, be inappropriate for me to discuss with
you matters presently the subject of litigation between your
company and the United States government. I must leave the
conduct of that litigation and any settlement negotiations
to the attorneys handling the matter for the government. I
am confident that you will appreciate the need for adherence
to this policy.
With best wishes,
Sincerely,
MICHAEL K. DEAVER
Assistant to the President
Deputy Chief of Staff
A.R. Ceresa, Trustee
Rossmoor Liquidating Trust
P.O. Box 5000
Laguna Hills, California 92653
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS,
SUBJECT:
Letter from Congressman Gregg (R-N.H.) to
Ed Meese Concerning Foreign Films Controversy
Congressman Judd Gregg has written Ed Meese to complain
about the action taken by the Department of Justice with
respect to the Canadian acid rain film. Gregg notes that he
sponsored a forum last year at which the film was shown, and
expresses his concern that the DOJ action is a move by the
Administration to suppress views differing from its own.
Meese has asked for preparation of a reply for his signa-
ture. I have drafted such a reply, drawing on the Justice
Department's public pronouncements on the issue.
Attachments
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR EDWIN MEESE III
COUNSELLOR TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Congressman Judd Gregg
You requested preparation of a reply for your signature to
the attached letter from Congressman Judd Gregg, concerning
the action taken by the Department of Justice with respect
to the Canadian acid rain film. A proposed reply is attached.
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THE WHITE HOUSE
WASHINGTON
March 24, 1983
Dear Congressman Gregg:
Thank you for your recent letter concerning the action taken
by the Department of Justice with respect to the Canadian
film "Acid Rain: Requiem or Recovery." Let me assure you
that action was in no way an effort by the Administration to
suppress views differing from its own on the issue of acid
rain, to censor the film, or to curtail its dissemination.
The Department of Justice was simply enforcing the Foreign
Agents Registration Act as passed by Congress. Whenever an
agent of a foreign government distributes material referred
to in that statute as "political propaganda," the law
requires the material to be accompanied by a label disclos-
ing the identity of the agent, the fact that the agent is
registered under the Foreign Agents Registration Act, and
the fact that such registration does not indicate approval
of the contents of the material by the United States govern-
ment. "Political propaganda" is defined by the statute as
any communication "reasonably adapted to
influence a
recipient
with reference to the political or public
interests, policies, or relations of a government of a
foreign country or a foreign political party or with reference
to the foreign policies of the United States
"
The Act
does not require a listing of those who view the film. It
does require the foreign agent to file a dissemination
report registering the name of the station, organization, or
theater using the film, the dates the film was shown, and
the estimated attendance.
The Foreign Agents Registration Act, which mandated the
action taken by the Department of Justice, has been on the
books for several decades. The Department has publicly
stated that the decision that the Act applied to the acid
rain film was made solely by career personnel who are
charged with enforcing the Act and have been doing so for
many years through many administrations. Whatever views one
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may have on the Act itself, I hope the foregoing description
of its requirements and application in this instance sufficies
to dispel your expressed concern that "this is a move by the
Administration to suppress views which differ from the
Administration's."
Sincerely,
Edwin Meese III
Counsellor to the President
The Honorable Judd Gregg
House of Representatives
Washington, D.C.
20515
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR FRED F. FIELDING
COPY Reagan Presidential Record
FROM:
JOHN G. ROBERTS:
SUBJECT:
Collection of Judgment Against
White House Employee
Attorney Murray Watson, Jr., of Waco, Texas has written
James A. Baker, III, advising him that Watson's law office
represents a state agency which has obtained a judgment
against a former employee "who is now a paid employee on the
Whitehouse [sic] staff." I called Watson to obtain the name
of the individual. Watson identified the debtor as
bb
allegedly received state checks after
left
state job. The state asked to be reimbursed
and
agreed, but
never sent the money back. The
state sued and obtained a judgment, and Watson wants to know
how to collect without embarrassing the White House.
I have been unable to locate any
employed
by the White House. Ray Kogut, Director of the Personnel
Division of the Office of Administration, advises that no
works for the Executive Office of the Presi-
ble
dent. Jim Rogers, Director of Personnel for the White House
Operations Office, reports that
works as a
detailee. The Secret Service has not issued a pass of any
sort to a
I have prepared a letter for your signature informing Watson
that we have no
b6
Attachment
THE WHITE HOUSE
WASHINGTON
March 24, 1983
COPY Reagan Presidential Record
Dear Mr. Watson:
This is written in response to your letter to James A. Baker
III, concerning a judgment against a former Texas state
employee who you assert is now a paid employee on the White
b6
House staff. You have advised this office that the indi-
vidual in question is named
We have thoroughly searched White House personnel records
and have been unable to locate a
on the b6
rolls of any office within the Executive Office of the
President. Accordingly, we are unable to offer any guidance
on collection of the debt in question.
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Sincerely,
Fred F. Fielding
Counsel to the President
Murray Watson, Jr., Esq.
111 South 18th Street
Waco, Texas 76701
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill S. 271 -- National
Trails System Amendments
Richard Darman has requested comments by noon March 25 on
enrolled bill S. 271, which would designate three new trails
as part of the National Trails System, designate six trails
for study for possible addition to the System, authorize the
Secretary of Interior to accept donated markers for one
trail, and make certain amendments respecting management of
the Trails System. OMB, Interior, Agriculture, and TVA
recommend approval; Transportation, Treasury, and ICC have
no objection. The bill passed both Houses by voice vote,
and OMB states that it responds to Administration recom-
mendations.
I have reviewed the memorandum for the President from James
M. Frey, Assistant Director of OMB for Legislative Reference,
and the bill itself, and see no legal objections.
Attachment
THE WHITE HOUSE
WASHINGTON
March 24, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 271 -- National
Trails System Amendments
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
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