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Chron File (05/20/1983-05/23/1983)
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Chron File (05/20/1983-05/23/1983)
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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 (05/20/1983-05/23/1983)
Box: 60
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
8/30/2005
File Folder
CHRON FILE (05/20/1983 - 05/23/1983)
FOIA
F05-139/01
Box Number
COOK
16IGP
our 1 - Reagan Presidential Record
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1 MEMO
ROBERTS TO HOLLAND RE
1 5/23/1983 B6
470
APPOINTMENT TO INTERNATIONAL
PRIVATE ENTERPRISE TASK FORCE
(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)(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.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Statement on Implementation of the
Federal Strategy for Prevention of
Drug Abuse and Drug Trafficking - 1982
The Department of Justice has submitted the above-referenced
testimony, which is to be delivered by DEA Acting Administra-
tor Francis Mullen on May 24 before the House Select Committee
on Narcotics Abuse and Control. The somewhat laborious
statement begins with an overview of the drug trafficking
and abuse situation, discussing heroin, cocaine, ampheta-
mines, methaqualone, and marihuana. The next portion of the
testimony reviews the involvement of organized crime -- both
traditional (Mafia) and non-traditional (motorcycle gangs,
prison gangs, South American syndicates) -- in narcotics
trafficking. The remainder of the testimony surveys DEA
efforts to combat the problem, focusing on international
control efforts (eradicating drugs in source countries such
as Pakistan and Thailand) as well as domestic law
enforcement. In the latter category Mullen discusses the
new FBI/DEA arrangement, the Vice President's South Florida
Task Force, the new Organized Crime Drug Enforcement Task
Force Program, and the new National Narcotics Border
Interdiction System.
I see no legal objections. There is nothing new in this
testimony. Mullen notes at several points that international
eradication efforts are only a long-term proposition, and
that domestic law enforcement must be the primary focus.
This simply reflects the well-known tension between DEA and
Dom DiCarlo's Bureau of International Narcotics Matters at
the State Department. There is no need for us to comment.
THE WHITE HOUSE
WASHINGTON
May 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DIR
SUBJECT:
Invitation to President to Tour
House Under Construction in Phoenix
During his recent visit to Phoenix, the President received
the attached invitation to tour a lavish mansion being
constructed in the area. The invitation came from the
Moss-Bronson Company, real estate broker for the mansion.
The company obviously hoped to publicize its product by
having the President tour it.
I recommend no reply. The opportunity for the President to
accept the invitation has obviously passed. The invitation
itself is such a crass commercial ploy that it should simply
be ignored.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Taping: American Physical
Therapy Association
Richard Darman has requested that any comments on the draft
remarks for the above-referenced occasion be submitted
directly to Aram Bakshian by 1:00 p.m. today. The remarks
refer to the assasination attempt and the President's and
Mr. Brady's personal experience with physical therapy. I
see no legal objection.
Attachment
THE WHITE HOUSE
WASHINGTON
May 20, 1983
MEMORANDUM FOR ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Taping: American Physical
Therapy Association
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.
CC: Richard G. Darman
FFF:JGR:aw 5/20/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 254
SUBJECT:
Yet Another Request for Use of the
Presidential Seal by the President's
Committee on Employment of the Handicapped
Rick Kuhlmey, apparently an individual active in the handi-
capped community, has written the President asking him to
give back the use of his Seal to the President's Committee
on Employment of the Handicapped (PCEH). You will recall
that in years past the PCEH issued invitations to its annual
gatherings in the name of the President and with the Presiden-
tial Seal. This Administration halted the practice. The
Chairman of the PCEH wrote you requesting permission to
issue invitations in the President's name, which you denied,
stating: "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." Another member of the
PCEH, Kathleen Olson, had written earlier seeking permission
to use the Seal on the invitations. You advised Olson that
uses of the Seal were limited by law and that the permitted
uses did not include use by the PCEH on its invitations. I
have drafted a reply to Kuhlmey consistent with these
earlier responses and established policy.
Attachment
THE WHITE HOUSE
WASHINGTON
May 20, 1983
Dear Mr. Kuhlmey:
Thank you for your letter to the President concerning the
use of the Seal of the President and the President's name on
the invitations to the annual meeting of the President's
Committee on Employment of the Handicapped. In that letter
you requested an explanation of why the President's name and
seal may not be used on the invitations.
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. We have accordingly
found it necessary to adopt the general policy of not
permitting such groups to take action in the President's
name.
Title 18 of the United States Code, Section 713, is the
principal federal law governing use of the Seal of the
President of the United States. Section 713 proscribes use
of the Presidential Seal except as authorized under regula-
tions promulgated by the President. The regulations to
which reference is made are embodied in Executive Order
11649 (February 16, 1972), as amended by Executive Order
11916 (May 28, 1976). I attach for your information a copy
of 18 U.S.C., § 713, the notes to which include the Execu-
tive Orders mentioned. You will note that permissible uses
of the Seal are limited by law. As a matter of policy, the
Administration adheres to these regulations when responding
to requests on use of the Seal. In light of these require-
ments, we cannot approve the use of the Seal on the Com-
mittee's annual invitations.
-2-
Let me assure you that our position with respect to use of
the Seal of the President and the President's name by
Presidential committees 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 con-
cerns of the handicapped community.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Rick Kuhlmey
3104 Demetrius
Las Vegas, Nevada
89101
Attachment
FFF: JGR:aw 5/20/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 252
SUBJECT:
Draft Presidential Remarks -- Presentation
of Outstanding Exporter Awards
Richard Darman has asked that comments on the above-referenced
remarks be sent directly to Aram Bakshian by 1:00 p.m.
today. The remarks are to be made at a Rose Garden ceremony
Monday, at which the President will present the "E" and "E
Star" awards to companies and organizations for opening
export markets for American products. The remarks stress
the importance of increasing exports to economic growth, and
review some of our initiatives designed to aid exporters,
including the Export Trading Company Act. I see no legal
objections.
Attachment
THE WHITE HOUSE
WASHINGTON
May 20, 1983
MEMORANDUM FOR ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Remarks -- Presentation
of Outstanding Exporter Awards
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.
CC: Richard G. Darman
FFF:JGR:aw 5/20/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Letter to the President from
Parents of Girl Murdered by
Subject of Court-Martial Proceedings
Army PFC Wyatt Matthews was convicted by a general court-
martial of murdering and raping Phyllis Villanueva, and
sentenced to death. The Army Court of Military Review
affirmed the findings and sentence; the Court of Military
Appeals heard argument on April 20, 1983. If this court
affirms the death sentence, the case would be presented to
the President under 10 U.S.C. § 871 (a). This provides: "No
court-martial sentence extending to death or involving a
general or flag officer may be executed until approved by
the President. He shall approve the sentence or such part,
amount, or commuted form of the sentence as he sees fit, and
may suspend the execution of the sentence or any part of the
sentence, as approved by him, except a death sentence."
Mrs. Villanueva's parents, Mr. and Mrs. William Pike, have
written the President to express their hope that the Presi-
dent give Matthews the death penalty. Anne Higgins obtained
a fact sheet on the case from the Department of Defense, but
decided not to respond to the Pikes. The case is still
pending on appeal, so we obviously cannot discuss its merits
with the Pikes. Furthermore, the responsibility of the
President under 10 U.S.C. § 871 (a) "is judicial in its
character, not administrative." Runkle V. United States, 122
U.S. 543, 558 (1887). As Attorney General Bates advised
President Lincoln, "Undoubtedly the President, in passing
upon the sentence of a court martial, and giving to it the
approval without which it cannot be executed, acts judicially
When the President
performs this duty
his act has all the solemnity and significance of the
judgment of a court of law." 11 O.A.G. 21 (1864).
-2-
While we accordingly cannot comment on the merits, I do
think the Pikes deserve some reply. The reply would at
least establish for the record that nothing improper was
done in response to their letter. I have drafted a reply
for your signature, explaining why the President cannot
comment on or become involved in the case until it reaches
him pursuant to 10 U.S.C. § 871 (a).
Attachment
THE WHITE HOUSE
WASHINGTON
May 23, 1983
Dear Mr. and Mrs. Pike:
I am writing in response to your letter to the President,
concerning your daughter Phyllis Jean Villanueva and the
case involving PFC Wyatt Matthews.
This case is currently pending in the military courts, and
the President may be called upon to review the decision of
those courts. For these reasons, it would be inappropriate
for the President to comment upon the case or become involved
in it in any way prior to the time it is presented to him
for review pursuant to law. I hope you will understand why
we must take this position.
With deepest sympathy,
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. and Mrs. William C. Pike
2620 Niazuma Avenue South
Apt. C
Birmingham, Alabama
35205
FFF: JGR:aw 5/23/83
cc: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS.
SUBJECT:
Request that Mrs. Reagan Appear on
Simplicity Sewing Catalogue Cover
Jim Rosebush denied a request from Simplicity Sewing that
Mrs. Reagan appear on the cover of their catalogue. In
exchange for her appearance, Simplicity would donate $10,000
to a charity designated by Mrs. Reagan, and permit her to
include a brief message inside the catalogue. Rosebush
denied the request on the ground that "the First Lady is
prohibited from endorsing community [sic - presumably should
be commercial] enterprises."
Simplicity's lobbyist has asked for reconsideration, noting
that the catalogue reaches over 9 million middle-American
women, that Mesdames Ford and Carter appeared on similar
publications, and that this proposal "can in no way be
compared to a previous incident involving alleged
improprieties utilizing the First Lady's appearance on a
Japanese Women's Magazine cover." Two Congressmen from
districts containing Simplicity operations, Mark Siljander
(R-Mich.) and Bill Green (R-N.Y.), have also written
Rosebush, asking that he permit Simplicity to respond to his
concerns. Rosebush has asked you if he was wrong to deny
the request.
I think Rosebush's denial was correct, assuming he meant to
object to having the First Lady appearing to endorse a
"commercial" and not "community" enterprise. As a general
policy, we do not approve the use of a photograph or
likeness of the First Lady in any manner that suggests or
could be construed as endorsement of a commercial product or
enterprise. In this case, her appearance on the Simplicity
catalogue cover could easily be construed as an endorsement
of Simplicity.
It is unclear from the incoming whether Rosebush wants
simply a vote of confidence or responses to Simplicity's
lobbyist and the Congressmen. I hesitate to respond
-2-
directly since Rosebush handled this matter himself in the
first instance. I have drafted a memorandum to him noting
that we agree with his decision and offering to respond to
his correspondents if he wishes.
Attachment
THE WHITE HOUSE
WASHINGTON
May 23, 1983
MEMORANDUM FOR JAMES S. ROSEBUSH
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request that Mrs. Reagan Appear on
Simplicity Sewing Catalogue Cover
We agree entirely with your decision not to approve the
request to have the First Lady appear on the cover of the
Simplicity Sewing Catalogue. As you know the White House
adheres to a policy of not approving the use of a photograph
or likeness of the President or First Lady in any manner
that suggests or could be construed as endorsement of a
commercial enterprise. Mrs. Reagan's appearance on the
Simplicity Sewing Catalogue could easily be construed as an
endorsement of the products advertised therein. (We assume
that in your letter to Mr. Chwat you meant to say "commercial
enterprises" rather than "community enterprises.")
If you would like us to respond directly to Mr. Chwat and
Congressmen Siljander and Green, we would be happy to do so.
FFF: JGR:aw 5/23/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Letter to James A. Baker III from the
Ulans, Concerning Conflict of Interest
The Ulans of Lauderdale Lakes, Florida wrote Mr. Baker to
complain about "various cases of conflict of interest,"
citing specifically EPA, Richard Perle, and nepotism. They
want to know what we're doing about it and whether this
Administration will be like Grant's or Harding's.
I have drafted a reply that expresses our commitment to
public integrity. The response avoids, as I think it must,
any discussion of the specific instances cited by the Ulans.
Attachment
THE WHITE HOUSE
WASHINGTON
May 23, 1983
Dear Mr. and Mrs. Ulan:
I am writing in response to your letter to James A. Baker
III. In that letter you expressed your concern about
"various cases of conflict of interest that have been
appearing in the national media," and asked what the Execu-
tive Office was doing about it.
Let me assure you that this Administration is committed to
maintaining the highest standards of public integrity,
scrupulously avoiding not only actual conflict of interest
but even the appearance of conflict of interest. The public
trust placed in us by the American people demands no less.
The national media, as you note, often carry allegations of
conflict of interest with respect to those serving in
government. Such allegations are investigated as appropriate
by the pertinent authorities, and the typical finding --
seldom as prominently featured in the media as the original
allegations -- is that the allegations are without substance.
We do, however, take seriously any suggestion of impropriety
on the part of government officials, and take whatever steps
are necessary to ensure that there is no violation of the
public trust. It is, in our view, critical that citizens
such as yourselves retain confidence in the integrity of
public officials and governmental processes.
Thank you for sharing your views with US.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. and Mrs. Martin Ulan
2950 NW 46th Avenue
Lauderdale Lakes, Florida 33313
FFF: JGR:aw 5/23/83
CC: FFFielding/JGRoberts/Subj./Chror
THE WHITE HOUSE
WASHINGTON
May 23, 1983
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS
JOR
COPY Reagan Presidential Record
SUBJECT:
Appointment of Michael Roth to Inter-
national Private Enterprise Task Force
I have reviewed the Personal Data Statement submitted by
Michael Roth and see nothing that would preclude his appoint-
ment to serve as a member of the International Private
Enterprise Task Force. The Task Force was established by
Executive Order 12395 (November 20, 1982). It consists of
up to twenty-one members appointed by the President from
among leaders of the private sector, "chosen primarily from
the chief operating or chief executive officers of private
enterprises, including agribusinesses." The Task Force is
to give advice on the role private enterprise can play in
implementing programs and activities under the Foreign
Assistance Act of 1961.
Mr. Roth is an attorney and a review of his resume indicates
that he may be considered a leader of the private sector,
although he is not a chief operating or executive officer of
an enterprise.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Remarks: National Medal
of Science Presentation
Richard Darman has requested that comments on the
above-referenced remarks be sent directly to Aram Bakshian
by noon today. The brief remarks stress the importance of
maintaining our technological leadership in the face of
increasing competition from abroad. I have no legal
objections.
Attachment
THE WHITE HOUSE
WASHINGTON
May 23, 1983
MEMORANDUM FOR ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Remarks: National Medal
of Science Presentation
Counsel's Office has reviewed the above-referenced remarks
and finds no objection to them from a legal perspective.
CC: Richard G. Darman
FFF:JGR:aw 5/23/83
CC: FFFielding
JGRoberts
Subj.
Chron