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Chron File (05/20/1983-05/23/1983)

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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

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    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: Chron File (05/20/1983-05/23/1983)\nBox: 60\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nIGP\n8/30/2005\nFile Folder\nCHRON FILE (05/20/1983 - 05/23/1983)\nFOIA\nF05-139/01\nBox Number\nCOOK\n16IGP\nour 1 - Reagan Presidential Record\nDOC Doc Type\nDocument Description\nNo of Doc Date Restrictions\nNO\nPages\n1 MEMO\nROBERTS TO HOLLAND RE\n1 5/23/1983 B6\n470\nAPPOINTMENT TO INTERNATIONAL\nPRIVATE ENTERPRISE TASK FORCE\n(PARTIAL)\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified information [(b)(1) of the FOIA]\nB-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose Information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial Institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]\nE.O. 13233\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nStatement on Implementation of the\nFederal Strategy for Prevention of\nDrug Abuse and Drug Trafficking - 1982\nThe Department of Justice has submitted the above-referenced\ntestimony, which is to be delivered by DEA Acting Administra-\ntor Francis Mullen on May 24 before the House Select Committee\non Narcotics Abuse and Control. The somewhat laborious\nstatement begins with an overview of the drug trafficking\nand abuse situation, discussing heroin, cocaine, ampheta-\nmines, methaqualone, and marihuana. The next portion of the\ntestimony reviews the involvement of organized crime -- both\ntraditional (Mafia) and non-traditional (motorcycle gangs,\nprison gangs, South American syndicates) -- in narcotics\ntrafficking. The remainder of the testimony surveys DEA\nefforts to combat the problem, focusing on international\ncontrol efforts (eradicating drugs in source countries such\nas Pakistan and Thailand) as well as domestic law\nenforcement. In the latter category Mullen discusses the\nnew FBI/DEA arrangement, the Vice President's South Florida\nTask Force, the new Organized Crime Drug Enforcement Task\nForce Program, and the new National Narcotics Border\nInterdiction System.\nI see no legal objections. There is nothing new in this\ntestimony. Mullen notes at several points that international\neradication efforts are only a long-term proposition, and\nthat domestic law enforcement must be the primary focus.\nThis simply reflects the well-known tension between DEA and\nDom DiCarlo's Bureau of International Narcotics Matters at\nthe State Department. There is no need for us to comment.\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nDIR\nSUBJECT:\nInvitation to President to Tour\nHouse Under Construction in Phoenix\nDuring his recent visit to Phoenix, the President received\nthe attached invitation to tour a lavish mansion being\nconstructed in the area. The invitation came from the\nMoss-Bronson Company, real estate broker for the mansion.\nThe company obviously hoped to publicize its product by\nhaving the President tour it.\nI recommend no reply. The opportunity for the President to\naccept the invitation has obviously passed. The invitation\nitself is such a crass commercial ploy that it should simply\nbe ignored.\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nTaping: American Physical\nTherapy Association\nRichard Darman has requested that any comments on the draft\nremarks for the above-referenced occasion be submitted\ndirectly to Aram Bakshian by 1:00 p.m. today. The remarks\nrefer to the assasination attempt and the President's and\nMr. Brady's personal experience with physical therapy. I\nsee no legal objection.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nMEMORANDUM FOR ARAM BAKSHIAN, JR.\nDEPUTY ASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nTaping: American Physical\nTherapy Association\nCounsel's Office has reviewed the above-referenced remarks,\nand finds no objection to them from a legal perspective.\nCC: Richard G. Darman\nFFF:JGR:aw 5/20/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS 254\nSUBJECT:\nYet Another Request for Use of the\nPresidential Seal by the President's\nCommittee on Employment of the Handicapped\nRick Kuhlmey, apparently an individual active in the handi-\ncapped community, has written the President asking him to\ngive back the use of his Seal to the President's Committee\non Employment of the Handicapped (PCEH). You will recall\nthat in years past the PCEH issued invitations to its annual\ngatherings in the name of the President and with the Presiden-\ntial Seal. This Administration halted the practice. The\nChairman of the PCEH wrote you requesting permission to\nissue invitations in the President's name, which you denied,\nstating: \"In light of the significant number of Presidential\ncommittees, commissions, and task forces, it is not possible\nto authorize any one group to take action in the President's\nname -- including issuing invitations -- without real risk\nof a broad expansion of the practice in a manner that would\ncreate the possibility of abuse and ultimately demean the\nOffice of the Presidency by overuse.\" Another member of the\nPCEH, Kathleen Olson, had written earlier seeking permission\nto use the Seal on the invitations. You advised Olson that\nuses of the Seal were limited by law and that the permitted\nuses did not include use by the PCEH on its invitations. I\nhave drafted a reply to Kuhlmey consistent with these\nearlier responses and established policy.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nDear Mr. Kuhlmey:\nThank you for your letter to the President concerning the\nuse of the Seal of the President and the President's name on\nthe invitations to the annual meeting of the President's\nCommittee on Employment of the Handicapped. In that letter\nyou requested an explanation of why the President's name and\nseal may not be used on the invitations.\nIn light of the significant number of Presidential committees,\ncommissions, and task forces, it is not possible to authorize\nany one group to take action in the President's name --\nincluding issuing invitations -- without real risk of a\nbroad expansion of the practice in a manner that would\ncreate the possibility of abuse and ultimately demean the\nOffice of the Presidency by overuse. We have accordingly\nfound it necessary to adopt the general policy of not\npermitting such groups to take action in the President's\nname.\nTitle 18 of the United States Code, Section 713, is the\nprincipal federal law governing use of the Seal of the\nPresident of the United States. Section 713 proscribes use\nof the Presidential Seal except as authorized under regula-\ntions promulgated by the President. The regulations to\nwhich reference is made are embodied in Executive Order\n11649 (February 16, 1972), as amended by Executive Order\n11916 (May 28, 1976). I attach for your information a copy\nof 18 U.S.C., § 713, the notes to which include the Execu-\ntive Orders mentioned. You will note that permissible uses\nof the Seal are limited by law. As a matter of policy, the\nAdministration adheres to these regulations when responding\nto requests on use of the Seal. In light of these require-\nments, we cannot approve the use of the Seal on the Com-\nmittee's annual invitations.\n-2-\nLet me assure you that our position with respect to use of\nthe Seal of the President and the President's name by\nPresidential committees is being uniformly applied, and, as\nI hope and believe you know, in no way represents a change\nin the commitment of the President to the work of the\nCommittee on Employment of the Handicapped or to the con-\ncerns of the handicapped community.\nSincerely,\nFred F. Fielding\nCounsel to the President\nMr. Rick Kuhlmey\n3104 Demetrius\nLas Vegas, Nevada\n89101\nAttachment\nFFF: JGR:aw 5/20/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS 252\nSUBJECT:\nDraft Presidential Remarks -- Presentation\nof Outstanding Exporter Awards\nRichard Darman has asked that comments on the above-referenced\nremarks be sent directly to Aram Bakshian by 1:00 p.m.\ntoday. The remarks are to be made at a Rose Garden ceremony\nMonday, at which the President will present the \"E\" and \"E\nStar\" awards to companies and organizations for opening\nexport markets for American products. The remarks stress\nthe importance of increasing exports to economic growth, and\nreview some of our initiatives designed to aid exporters,\nincluding the Export Trading Company Act. I see no legal\nobjections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMay 20, 1983\nMEMORANDUM FOR ARAM BAKSHIAN, JR.\nDEPUTY ASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nDraft Presidential Remarks -- Presentation\nof Outstanding Exporter Awards\nCounsel's Office has reviewed the above-referenced remarks,\nand finds no objection to them from a legal perspective.\nCC: Richard G. Darman\nFFF:JGR:aw 5/20/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nLetter to the President from\nParents of Girl Murdered by\nSubject of Court-Martial Proceedings\nArmy PFC Wyatt Matthews was convicted by a general court-\nmartial of murdering and raping Phyllis Villanueva, and\nsentenced to death. The Army Court of Military Review\naffirmed the findings and sentence; the Court of Military\nAppeals heard argument on April 20, 1983. If this court\naffirms the death sentence, the case would be presented to\nthe President under 10 U.S.C. § 871 (a). This provides: \"No\ncourt-martial sentence extending to death or involving a\ngeneral or flag officer may be executed until approved by\nthe President. He shall approve the sentence or such part,\namount, or commuted form of the sentence as he sees fit, and\nmay suspend the execution of the sentence or any part of the\nsentence, as approved by him, except a death sentence.\"\nMrs. Villanueva's parents, Mr. and Mrs. William Pike, have\nwritten the President to express their hope that the Presi-\ndent give Matthews the death penalty. Anne Higgins obtained\na fact sheet on the case from the Department of Defense, but\ndecided not to respond to the Pikes. The case is still\npending on appeal, so we obviously cannot discuss its merits\nwith the Pikes. Furthermore, the responsibility of the\nPresident under 10 U.S.C. § 871 (a) \"is judicial in its\ncharacter, not administrative.\" Runkle V. United States, 122\nU.S. 543, 558 (1887). As Attorney General Bates advised\nPresident Lincoln, \"Undoubtedly the President, in passing\nupon the sentence of a court martial, and giving to it the\napproval without which it cannot be executed, acts judicially\nWhen the President\nperforms this duty\nhis act has all the solemnity and significance of the\njudgment of a court of law.\" 11 O.A.G. 21 (1864).\n-2-\nWhile we accordingly cannot comment on the merits, I do\nthink the Pikes deserve some reply. The reply would at\nleast establish for the record that nothing improper was\ndone in response to their letter. I have drafted a reply\nfor your signature, explaining why the President cannot\ncomment on or become involved in the case until it reaches\nhim pursuant to 10 U.S.C. § 871 (a).\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nDear Mr. and Mrs. Pike:\nI am writing in response to your letter to the President,\nconcerning your daughter Phyllis Jean Villanueva and the\ncase involving PFC Wyatt Matthews.\nThis case is currently pending in the military courts, and\nthe President may be called upon to review the decision of\nthose courts. For these reasons, it would be inappropriate\nfor the President to comment upon the case or become involved\nin it in any way prior to the time it is presented to him\nfor review pursuant to law. I hope you will understand why\nwe must take this position.\nWith deepest sympathy,\nSincerely,\nFred F. Fielding\nCounsel to the President\nMr. and Mrs. William C. Pike\n2620 Niazuma Avenue South\nApt. C\nBirmingham, Alabama\n35205\nFFF: JGR:aw 5/23/83\ncc: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS.\nSUBJECT:\nRequest that Mrs. Reagan Appear on\nSimplicity Sewing Catalogue Cover\nJim Rosebush denied a request from Simplicity Sewing that\nMrs. Reagan appear on the cover of their catalogue. In\nexchange for her appearance, Simplicity would donate $10,000\nto a charity designated by Mrs. Reagan, and permit her to\ninclude a brief message inside the catalogue. Rosebush\ndenied the request on the ground that \"the First Lady is\nprohibited from endorsing community [sic - presumably should\nbe commercial] enterprises.\"\nSimplicity's lobbyist has asked for reconsideration, noting\nthat the catalogue reaches over 9 million middle-American\nwomen, that Mesdames Ford and Carter appeared on similar\npublications, and that this proposal \"can in no way be\ncompared to a previous incident involving alleged\nimproprieties utilizing the First Lady's appearance on a\nJapanese Women's Magazine cover.\" Two Congressmen from\ndistricts containing Simplicity operations, Mark Siljander\n(R-Mich.) and Bill Green (R-N.Y.), have also written\nRosebush, asking that he permit Simplicity to respond to his\nconcerns. Rosebush has asked you if he was wrong to deny\nthe request.\nI think Rosebush's denial was correct, assuming he meant to\nobject to having the First Lady appearing to endorse a\n\"commercial\" and not \"community\" enterprise. As a general\npolicy, we do not approve the use of a photograph or\nlikeness of the First Lady in any manner that suggests or\ncould be construed as endorsement of a commercial product or\nenterprise. In this case, her appearance on the Simplicity\ncatalogue cover could easily be construed as an endorsement\nof Simplicity.\nIt is unclear from the incoming whether Rosebush wants\nsimply a vote of confidence or responses to Simplicity's\nlobbyist and the Congressmen. I hesitate to respond\n-2-\ndirectly since Rosebush handled this matter himself in the\nfirst instance. I have drafted a memorandum to him noting\nthat we agree with his decision and offering to respond to\nhis correspondents if he wishes.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nMEMORANDUM FOR JAMES S. ROSEBUSH\nDEPUTY ASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nRequest that Mrs. Reagan Appear on\nSimplicity Sewing Catalogue Cover\nWe agree entirely with your decision not to approve the\nrequest to have the First Lady appear on the cover of the\nSimplicity Sewing Catalogue. As you know the White House\nadheres to a policy of not approving the use of a photograph\nor likeness of the President or First Lady in any manner\nthat suggests or could be construed as endorsement of a\ncommercial enterprise. Mrs. Reagan's appearance on the\nSimplicity Sewing Catalogue could easily be construed as an\nendorsement of the products advertised therein. (We assume\nthat in your letter to Mr. Chwat you meant to say \"commercial\nenterprises\" rather than \"community enterprises.\")\nIf you would like us to respond directly to Mr. Chwat and\nCongressmen Siljander and Green, we would be happy to do so.\nFFF: JGR:aw 5/23/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nLetter to James A. Baker III from the\nUlans, Concerning Conflict of Interest\nThe Ulans of Lauderdale Lakes, Florida wrote Mr. Baker to\ncomplain about \"various cases of conflict of interest,\"\nciting specifically EPA, Richard Perle, and nepotism. They\nwant to know what we're doing about it and whether this\nAdministration will be like Grant's or Harding's.\nI have drafted a reply that expresses our commitment to\npublic integrity. The response avoids, as I think it must,\nany discussion of the specific instances cited by the Ulans.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nDear Mr. and Mrs. Ulan:\nI am writing in response to your letter to James A. Baker\nIII. In that letter you expressed your concern about\n\"various cases of conflict of interest that have been\nappearing in the national media,\" and asked what the Execu-\ntive Office was doing about it.\nLet me assure you that this Administration is committed to\nmaintaining the highest standards of public integrity,\nscrupulously avoiding not only actual conflict of interest\nbut even the appearance of conflict of interest. The public\ntrust placed in us by the American people demands no less.\nThe national media, as you note, often carry allegations of\nconflict of interest with respect to those serving in\ngovernment. Such allegations are investigated as appropriate\nby the pertinent authorities, and the typical finding --\nseldom as prominently featured in the media as the original\nallegations -- is that the allegations are without substance.\nWe do, however, take seriously any suggestion of impropriety\non the part of government officials, and take whatever steps\nare necessary to ensure that there is no violation of the\npublic trust. It is, in our view, critical that citizens\nsuch as yourselves retain confidence in the integrity of\npublic officials and governmental processes.\nThank you for sharing your views with US.\nSincerely,\nFred F. Fielding\nCounsel to the President\nMr. and Mrs. Martin Ulan\n2950 NW 46th Avenue\nLauderdale Lakes, Florida 33313\nFFF: JGR:aw 5/23/83\nCC: FFFielding/JGRoberts/Subj./Chror\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nMEMORANDUM FOR DIANNA G. HOLLAND\nFROM:\nJOHN G. ROBERTS\nJOR\nCOPY Reagan Presidential Record\nSUBJECT:\nAppointment of Michael Roth to Inter-\nnational Private Enterprise Task Force\nI have reviewed the Personal Data Statement submitted by\nMichael Roth and see nothing that would preclude his appoint-\nment to serve as a member of the International Private\nEnterprise Task Force. The Task Force was established by\nExecutive Order 12395 (November 20, 1982). It consists of\nup to twenty-one members appointed by the President from\namong leaders of the private sector, \"chosen primarily from\nthe chief operating or chief executive officers of private\nenterprises, including agribusinesses.\" The Task Force is\nto give advice on the role private enterprise can play in\nimplementing programs and activities under the Foreign\nAssistance Act of 1961.\nMr. Roth is an attorney and a review of his resume indicates\nthat he may be considered a leader of the private sector,\nalthough he is not a chief operating or executive officer of\nan enterprise.\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nRemarks: National Medal\nof Science Presentation\nRichard Darman has requested that comments on the\nabove-referenced remarks be sent directly to Aram Bakshian\nby noon today. The brief remarks stress the importance of\nmaintaining our technological leadership in the face of\nincreasing competition from abroad. I have no legal\nobjections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMay 23, 1983\nMEMORANDUM FOR ARAM BAKSHIAN, JR.\nDEPUTY ASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nRemarks: National Medal\nof Science Presentation\nCounsel's Office has reviewed the above-referenced remarks\nand finds no objection to them from a legal perspective.\nCC: Richard G. Darman\nFFF:JGR:aw 5/23/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron"
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