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Chron File (08/09/1983-08/21/1983)
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Chron File (08/09/1983-08/21/1983)
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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 (08/09/1983-08/21/1983)
Box: 61
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
8/4/2005
File Folder
CHRON FILE (08/09/1983 08/21/1983)
FOIA
F05-139/01
Box Number
COOK
26IGP
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
COPY Reagan Presidential Record
1 MEMO
APPOINTMENT PROCESS PERSONAL
1 8/9/1983 B6
553
INTERVIEW RECORD (PARTIAL)
2 MEMO
ROBERTS TO ROBERT HILL
1 8/11/1983 B6
1235
3 MEMO
ROBERTS TO ROBERT HILL (SAME AS
1 8/11/1983 B6
1241
DOC 2)
4 MEMO
ROBERTS TO FIELDING RE PETER
1 8/12/1983 B6
555
RITZER (PARTIAL)
5 MEMO
ROBERTS TO FIELDING RE REMOVAL
1 8/18/1983 B6
557
FROM PROMOTION LIST
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 complied for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose Information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical Information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
August 9, 1983
APPOINTMENT PROCESS PERSONAL INTERVIEW RECORD
COPY - Reagan Presidential Record
DATE OF INTERVIEW: August 9, 1983 (by telephone)
CANDIDATE: Helen G. Corrothers
POSITION: Commissioner, United States Parole Commission
INTERVIEWER: John G. Roberts
Comments
Helen G. Corrothers is to be nominated to the United States
Parole Commission, pursuant to P.L. 94-233. Ms. Corrothers
is currently superintendent of the Arkansas Department of
Correction Women's Unit.
ble
Ms. Corrother's financial situation, as disclosed on her SF
278, is uncomplicated and presents no conflict of interest
problems.
THE WHITE HOUSE
WASHINGTON
August 9, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Seeley Lodwick
I mentioned this morning my recollection, prompted by the
Post report that Mr. Lodwick had been confirmed while his
independent co-nominees had not been, that the International
Trade Commission enabling act required members of different
political parties to be appointed alternately to the ITC.
The actual phrasing provides that "in making appointments
members of different political parties shall be appointed
alternately as nearly as may be practicable." 19 U.S.C.
§ 1330 (a) (emphasis supplied). The underscored language is
of some significance, as I have discovered that Lodwick was
commissioned last Friday, August 5. Lodwick's appointment
means that the last four appointees to the ITC have been
Republicans, so the record of compliance with the statute's
alternating scheme has not been good.
It can, however, readily be maintained, at least with
respect to Lodwick's appointment, that the Administration
made every effort to comply with the alternating
requirement, and only failed to do so because it was not
"practicable." Lodwick's name was sent up along with two
non-Republicans, and the Administration can hardly be blamed
for the Senate's refusal to confirm the Independents while
confirming Lodwick. Nor is there anything in the statute to
suggest that the appointment of a confirmed nominee must be
held in abeyance until the Senate confirms a nominee of a
different party.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 9, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Resale Price Maintenance Correspondence
B.M. Fauber, Chairman of the Board of K Mart Corporation,
wrote the President on April 4 to complain about the Anti-
trust Division's position that resale price maintenance
should not be considered a per se violation of the antitrust
laws. On April 19 the letter was referred to Commerce; on
April 28 it was referred to Justice, with a cover note
requesting a direct reply within nine days. Instead of
replying, Justice waited until June 21 to send back to the
White House a copy of the boilerplate resale price
maintenance letter, for your signature. This letter was
prepared some time ago in response to Congressional mail on
the same subject. (You will recall that we revised those
letters and forwarded them to Ken Duberstein for sending
over his signature.) Over one month later, on July 25, the
package was sent to our office.
I see no reason for our office to be sending out letters on
substantive antitrust policy. As indicated in the original
April 28 referral to Justice, a direct reply to Mr. Fauber
should come from the responsible agency, in this instance
Mr. Baxter's Antitrust Division or, if Justice considers it
appropriate, higher officials at Justice. Of course, by now
Mr. Fauber surely expects no reply at all to his letter of
April 4. Presumably Justice (which held the letter for two
months) and White House Correspondence (which held Justice's
draft for another month) thought Mr. Fauber would change his
mind as he matured. The proposed memorandum to Schmults
(with copy to Sally Kelly) notes suggested revisions to the
substance of the draft reply. You approved these changes in
the draft of this form letter we forwarded to Ken Duberstein.
Attachment
THE WHITE HOUSE
WASHINGTON
August 9, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from B.M. Fauber,
Chairman of K Mart Corporation,
Concerning Resale Price Maintenance
On April 4, 1983, B.M. Fauber, Chairman of the Board of K
Mart Corporation, wrote the President to complain about the
Administration's policy with respect to resale price mainte-
nance. On April 28 this letter was referred to the Justice
Department, the action requested being a direct reply within
nine days. Two months later the Justice Department submitted
a draft reply for my signature, and that draft has now found
its way to my office.
Since the proposed reply discusses substantive issues of
antitrust policy, it would seem appropriate for it to be
sent over the signature of the officials responsible for
that policy, as contemplated by the April 28 referral. (On
previous occasions when we have used this draft, it was sent
over Ken Duberstein's signature since Congressional correspon-
dence was involved.) In reviewing the proposed reply, I
question whether it is desirable to introduce pending
Supreme Court litigation (the Monsanto V. Spray-Rite case)
into a general discussion, and also whether discussion of
the bid-rigging cases is at all relevant to Mr. Fauber's
inquiry. Assuming Mr. Fauber has not lost his interest in
this subject over the past several months, I am returning
his letter to you for direct reply.
CC: Sally Kelley
FFF: JGR:aw 8/9/83
CC: FFFielding/JGRoberts/Subj./Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 9, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS ODR
SUBJECT:
"Honorary Citizenship Certificate"
From Kennesaw, Georgia
I could not discern from your jottings exactly what changes
you wanted made in this letter, so I simply tried another
version. I consider it important to disassociate the
President from the Kennesaw ordinance, which requires every
homeowner to own and maintain a firearm, particularly since
the honorary citizenship award asserts that the President
supports the ordinance.
Attachment
THE WHITE HOUSE
WASHINGTON
August 9, 1983
Dear Chief Ruble:
Thank you for your letter of March 22, 1983 to the President.
Along with that letter you transmitted a certificate stating
that the President concurs with the ordinance passed by
Kennesaw, Georgia concerning firearms, and making the
President an honorary citizen of Kennesaw. You also re-
quested a photograph of the President. In response to your
request, I am happy to enclose an autographed portrait of
the President.
While we are grateful for your loyal support of the President,
as evidenced by the grant of honorary citizenship, I must
advise you that it would not be appropriate under the
circumstances for the President to express a view, either
pro or con, on the specific local ordinance passed by
Kennesaw. Accordingly, the President should not be repre-
sented as concurring in the Kennesaw firearms ordinance. I
trust you will understand that this is in no way a reflec-
tion on you or the citizens of Kennesaw.
Again, thank you for your support.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Robert L. Ruble
Chief of Police
City of Kennesaw Police Department
2844 South Main Street
Kennesaw, Georgia 30144
Enclosure
FFF: JGR:aw 8/9/83
CC: FFFielding/JGRoberts/Subj./Chror
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 10, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
836
SUBJECT:
Presidential Address: American GI Forum
El Paso, Texas, Saturday, August 13, 1983
Richard Darman has asked for comments to be sent directly to
Aram Bakshian by 10:00 a.m. today on the above-referenced
Presidential remarks. The remarks dwell on the
contributions of Hispanic Americans in the armed forces, and
the role of the GI Forum in guaranteeing civil rights for
Hispanics. The remarks then discuss the economic recovery,
and the restoration of American military capabilities.
At page 5, lines 7-9, the draft states "and I have
instructed the Justice Department to maintain a special
vigilance with regard to your civil rights complaints." I
know of no basis for this statement, and hope there is none.
"Special" vigilance for Hispanic civil rights complaints can
logically only mean something less for black civil rights
complaints. Such a statement will lend support to the
contention that we have cynically "written off" blacks and
are actively courting Hispanics. Even if this is viewed as
a defensible political strategy it cannot be pursued through
preferential treatment with respect to civil rights
complaints. I suggest substituting something like "and that
our Justice Department is ever alert to safeguard your civil
rights and those of all Americans."
I have noted this objection, along with more minor stylistic
ones, in the attached draft memorandum.
Attachment
THE WHITE HOUSE
WASHINGTON
August 10, 1983
MEMORANDUM FOR ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Address: American GI Forum
El Paso, Texas, Saturday, August 13, 1983
Counsel's Office has reviewed the above-referenced proposed
Presidential remarks. At page 5, lines 7-9, the remarks
contain the clause "and I have instructed the Justice
Department to maintain a special vigilance with regard to
your civil rights complaints." We know of no basis for this
remark, and hope there is none. "Special" vigilance with
respect to Hispanic civil rights complaints can logically
only mean something less with respect to those of blacks and
other minority groups. Such a statement plays into the
hands of those who allege that we have cynically "written
off" blacks. Whatever the merits of this as a political
strategy, we cannot implement it through preferential
treatment of certain civil rights complaints, and, so far as
I know, have not done so. I suggest substituting something
like "and our Justice Department is ever alert to safeguard
your civil rights and those of all Americans."
More minor points follow:
Page 2, line 25: Delete second "to".
Page 5, lines 2-3: It seems awkward for the
President to wish Doctor Garcia financial success.
We would delete this sentence.
CC: Richard G. Darman
FFF: JGR:aw 8/10/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 10, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
Draft Presidential Address Before the
Hispanic Chamber of Commerce in Tampa on
Friday, August 12 (8/9 2:00 p.m. Draft)
Richard Darman has asked that comments on the
above-referenced draft Presidential remarks be sent directly
to Aram Bakshian by 10:00 a.m. today. The remarks laud the
commercial contributions of the Hispanic community, review
the progress of the economic recovery, and discuss Central
American policy. With respect to the last topic, there is
considerable discussion of AID projects in the area. In the
course of his remarks the President presents the Hispanic
businessman and businesswoman of the year awards to Manuel
Caldera and Lourdes Miranda, respectively.
I have no legal or other objection to the remarks, but we
should check with Justice to ensure that none of the
companies referred to in the remarks are about to be
indicted or have otherwise run afoul of the law. The
President mentions three by name -- Caldera's AMEX, Tampa's
Southern Bio-Tech, and Jamaica's Federated Pharmaceutical
Company -- and two others indirectly, Hector Barreto's and
Miranda's. With your approval, I will telephone the
Attorney General's office and request a review of Justice's
criminal files for any information on these companies. A
draft memorandum to Bakshian is attached.
Attachment
THE WHITE HOUSE
WASHINGTON
August 10, 1983
MEMORANDUM FOR ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Address Before the
Hispanic Chamber of Commerce in Tampa on
Friday, August 12 (8/9 2:00 p.m. Draft)
Counsel's Office has reviewed the above-referenced draft
Presidential address and finds no objection to it from a
legal perspective. In the course of the remarks, however,
the President would refer to several companies, and we are
endeavoring to check with appropriate government officials
to ensure that those companies have not been engaged in any
activities that would make such references inadvisable.
CC: Richard G. Darman
FFF:JGR:aw 8/10/83
CC: FFFielding
JGRoberts
Subj.
Chron
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
Roberts, John
IGP 8/4/2005
File Folder
FOIA
CHRON FILE (08/09/1983 - 08/21/1983)
F05-139/01
COOK
Box Number
26IGP
DOC Document Type
No of Doc Date Restric-
NO
Document Description
pages
tions
2 MEMO
1
8/11/1983 B6
1235
ROBERTS TO ROBERT HILL
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.
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
Roberts, John
IGP 8/4/2005
File Folder
FOIA
CHRON FILE (08/09/1983 - 08/21/1983)
F05-139/01
COOK
Box Number
26IGP
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
3 MEMO
1 8/11/1983 B6
1241
ROBERTS TO ROBERT HILL (SAME AS DOC 2)
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
August 11, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Presidential Citizens Medal
Bill Sittmann has inquired if we have any objections to
providing the Kansas City Chiefs with a photograph of the
Presidential Citizens Medal, to be used to create a patch
for the players to wear on their uniforms. A former member
of the team, Joe Delaney, was awarded the medal posthumously
this year after he drowned trying to save two drowning boys,
even though he himself did not know how to swim.
Executive Order 11494, which establishes the medal, contains
nothing that would preclude the Chiefs from displaying it.
A photograph of the medal is attached. The medal is vaguely
similar to the Presidential Seal, but not close enough to
present any problems. There is no danger that the patches
will lead anyone to think the Government has endorsed or is
sponsoring the Chiefs. I think the proposal is a fine
gesture and see no reason to block it. Sittmann has asked
for a quick answer; if you agree, I will call and let him
know we have no objection.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 11, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
Presidential Address: Veterans of
Foreign Wars Convention, New Orleans,
Louisiana, Monday, August 15, 1983
Richard Darman has requested that comments on the above-
referenced remarks be sent directly to Aram Bakshian by
3:00 p.m. today. The remarks center on our improving
defense posture and Central American policy. The remarks
also refer to the recent headlines about wasteful Pentagon
spending, and forcefully make the point that uncovering the
abuses was the result of initiatives by this Administration.
I have no objection.
Attachment
THE WHITE HOUSE
WASHINGTON
August 11, 1983
MEMORANDUM FOR ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Address: Veterans of
Foreign Wars Convention, New Orleans,
Louisiana, Monday, August 15, 1983
Counsel's Office has reviewed the above-referenced proposed
remarks and finds no objection to them from a legal
perspective.
CC: Richard G. Darman
FFF: JGR:aw 8/11/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
August 12, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Resolution S.J. Res.
116 -- Youth of America Week
Richard Darman has asked for comments on the above-referenced
enrolled resolution by noon today. The resolution,
sponsored by Senator Kasten and passed by voice vote, would
designate September 4 through 10 as "Youth of America Week."
It calls upon the President to issue an appropriate
proclamation. OMB recommends approval.
I have reviewed the memorandum for the President from James
M. Frey, Assistant Director of OMB for Legislative
Reference, and the resolution itself. I have no legal
objection.
Attachment
THE WHITE HOUSE
WASHINGTON
August 12, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.J. Res.
116 -- Youth of America Week
Counsel's Office has reviewed the above-referenced enrolled
resolution and finds no objection to it from a legal
perspective.
FFF:JGR:aw 8/12/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
August 12, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Fact Sheet: Federal Initiatives
in the Southwest Border Region
Richard Darman has asked for comments by 6:00 p.m. tonight
on the above-referenced fact sheet. The fact sheet, to be
released tomorrow in El Paso, summarizes the Cabinet's
decision with respect to the report of the Southwestern
Border States Working Group. It notes that the Vice
President will chair an interagency "action group" with
representatives from various departments. The interagency
group will implement the recommendations of the working
group, primarily designed to increase the flow of federal
aid to the area. The fact sheet also announces
establishment of a "project team" to serve as contact point
for government and business leaders from the region.
Finally, the fact sheet reviews the economic distress in the
region, caused by the recent peso devaluations.
The decision having been made to funnel aid to the region, I
have no legal objection to the fact sheet. The fact sheet
really does not say much of substance, other than that the
Vice President will oversee the effort.
Attachment
THE WHITE HOUSE
WASHINGTON
August 12, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Fact Sheet: Federal Initiatives
in the Southwest Border Region
Counsel's Office has reviewed the above-referenced fact
sheet, and finds no objection to it from a legal
perspective.
FFF:JGR:aw 8/12/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
August 12, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Proposed Letters from Carlton Turner
Carlton Turner proposes to send letters to Carnation and Ricardo
Montalban's agent encouraging them to participate in the drug
awareness campaign. Stephen Jacobs, who is working on involving
the private sector in the campaign, has been in contact with both
and has determined that they are tentatively interested. The
letters are very general and stress the President's and First
Lady's commitment to fighting drug abuse, and the importance of
involving the private sector in the fight.
I have no objection to the letters per se. Turner asks if it is
"legal" for him to "encourage/solicit" support from the private
sector. No general answer to this question is possible. It is
clearly acceptable for him to encourage the private sector to
undertake anti-drug projects, but he should not be dunning
companies or individuals. Our general tack with these sorts of
projects has been to advise that they be treated and depicted as
private sector projects with some guidance from the White House
Drug Abuse Policy Office, rather than as joint ventures, White
House projects funded by the private sector, or officially
approved private sector projects.
I have prepared a memorandum noting no objection to the proposed
letters, declining to answer Turner's general question but
advising him to clear specific items with us, and reminding
Turner of our general approach.
THE WHITE HOUSE
WASHINGTON
August 12, 1983
MEMORANDUM FOR CARLTON E. TURNER
SPECIAL ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Letters to Private Sector
You have asked for our advice concerning letters you proposed to
send to Carnation and Velasco-Cardinale & Associates. The
letters discuss the commitment of the President and the First
Lady to the campaign against drug abuse, and the importance of
private sector involvement in that campaign. The letters also
encourage Carnation and Ricardo Mantalban in their incipient
willingness to undertake anti-drug projects.
We have reviewed the letters and have no legal objection to them
per se. No general answer is available to your question concern-
ing the legality of encouraging or soliciting support from the
private sector. Encouraging and guiding companies and individu-
als who have expressed an interest in doing something in this
area - as, for example, in these two letters - is unobjection-
able. "Solicitation" raises more concern, particularly with
respect to companies doing business with or regulated by the
Federal Government. Obviously it would be inappropriate to do
anything more by way of "solicitation" than advise companies of
available opportunities. The question requires the exercise of
judgment on a case-by-case basis, and we stand ready to provide
guidance on particular questions as they arise.
While we have no objection to the two letters, we would reiterate
our previous advice concerning the general approach to these
projects. The projects should be treated and depicted as private
sector projects, with some guidance from your office. As a
general matter, they should not be viewed as joint White House/
private sector ventures or White House projects funded by the
private sector. In no event should the White House endorse
commercial products or activities of the private sector firms.
FFF: JGR:aw 8/12/83
CC: FFFielding/JGRoberts/Subj./Chron
THE WHITE HOUSE
WASHINGTON
August 12, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
COPY Reagan Presidential Record
SUBJECT:
Letter from Peter A. Ritzer
Peter Ritzer of Sun Prairie, Wisconsin wrote the President on
July 10, 1983, expressing support for the President on "debate-
gate, " abortion and affirmative action. Ritzer, a recent college
graduate, notes that he does not have a job, and encloses his
resume, "just to be able to have a V.I.P. hold one."
ble
I have drafted a response for your
signature.
THE WHITE HOUSE
WASHINGTON
August 12, 1983
Dear Mr. Ritzer:
Thank you for your letter of July 10, 1983 to the President.
In that letter you expressed your support of the President in
connection with the briefing book affair and in the area of
the rights of the unborn and affirmative action.
We are very grateful for your message, and hope we will
continue to merit your support in the future. You have an
impressive resume and I wish you the best of luck in your
search for employment.
Thank you for sharing your views with US.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Peter A. Ritzer
235 North Street
Sun Prairie, Wisconsin 53590
FFF: JGR:aw 8/12/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 15, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill H.R. 3232 -- Moving
Expenses for Department of Justice Agents
Richard Darman has requested comments by 10:00 a.m. August 16
on the above-referenced enrolled bill. The bill, proposed by
the Department of Justice and passed by voice vote, would
authorize payment of moving expenses for newly hired FBI and
DEA agents. Moving expenses are typically only reimbursable
for transfers, not initial hires. All newly-hired agents must
go through initial training at Quantico before being assigned
to an office. GAO recently ruled that Quantico could not be
treated as the first duty station, thereby eliminating the
customary payment of moving expenses to the agents' first
assignment after training. The bill would eliminate the need
to assign newly-hired agents to their home towns for a brief
period after training before assigning them to their "real"
duty station, a practice which has arisen so that moving
expenses could be paid. OMB, Justice, and OPM recommend
approval.
I have reviewed the memorandum for the President submitted by
James M. Frey, Assistant Director of OMB for Legislative
Reference, and the bill itself. I have no objections.
Attachment
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 15, 1983
FOR:
RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT AND
DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3232 -- Moving
Expenses for Department of Justice Agents
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 15, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Civil Aeronautics Board Decisions in
Societe Antillaise de Transports, et al
Certain Indirect Foreign Air Carriers;
Certain Foreign Air Carriers;
Trans North Turbo Air Limited
Richard Darman's office has asked for comments by close of
business Wednesday, August 17, 1983 on the above-referenced
CAB decisions, which were submitted for Presidential review
as required by § 801 (a) of the Federal Aviation Act of 1958,
as amended, 49 U.S.C. § 1461 (a). Under this section, the
President may disapprove, solely on the basis of foreign
relations or national defense considerations, CAB actions
involving either foreign air carriers or domestic carriers
involved in foreign air transportation. If the President
wishes to disapprove such CAB actions, he must do so within
sixty days of submission (in these cases, by September 13,
August 29, September 18, and September 13, respectively).
The orders here have been reviewed by the appropriate
departments and agencies, following the procedures estab-
lished by Executive Order No. 11920 (1976). OMB recommends
that the President not disapprove, and reports that the NSC
and the Departments of State, Defense, Justice and Transporta-
tion have not identified any foreign relations or national
defense reasons for disapproval. Since these orders involve
foreign carriers, the proposed letter from the President to
the CAB Chairman prepared by OMB does not include the
standard sentence designed to preserve availability of
judicial review.
The Air Guadeloupe order authorizes specified service by
that carrier. The indirect foreign air order cancels
certain existing permits to compel the carriers to comply
with new registration procedures. (The carriers have had
ample time to do so voluntarily.) The foreign air order
revokes certain permits for failure to maintain adequate
insurance, and the Trans North order authorizes specified
service by that carrier.
A memorandum for Darman is attached for your review and
signature.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 15, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions in
Societe Antillaise de Transports, et al
Certain Indirect Foreign Air Carriers;
Certain Foreign Air Carriers;
Trans North Turbo Air Limited
Our office has reviewed the above-referenced CAB decisions
and related materials and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the substance
of the letter from the President to the CAB Chairman prepared
by OMB.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 16, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Draft Telegram to Governor Harris of Georgia
Richard Darman has asked for comments by 4:00 p.m. today on
a draft telegram, proposed by Carlton Turner, from the
President to Governor Harris of Georgia. Last week the
federal government sprayed paraquat on marijuana fields in
the Chattahoochee National Forest. The action prompted a
lawsuit, and Judge Charles Moye issued an injunction banning
further spraying in the area until a hearing could be held.
Although no further spraying is planned for the forest,
there are plans to spray in other states.
Governor Harris has supported the spraying, and been criti-
cized for it. Turner proposes to send a telegram to Harris
from the President expressing appreciation for his support.
I recommend advising against sending the telegram over the
President's signature. The question of the use of paraquat
for marijuana eradication is the subject of pending litiga-
tion, and the President should not gratuitously become
personally involved. If Turner believes a telegram is
necessary it should be over his signature.
Attachment
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 16, 1983
FOR:
RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT AND
DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Telegram to Governor Harris of Georgia
Counsel's Office has reviewed the proposed telegram from the
President to Governor Harris of Georgia, concerning the use
of paraquat for marijuana eradication. The spraying con-
ducted last week in Georgia prompted the filing of a lawsuit
and the issuance of a preliminary injunction. While we
certainly do not mean to suggest that there is any merit to
the lawsuit, the pendency of litigation counsels against
involving the President directly and personally in the
dispute. Accordingly, we recommend that the proposed
telegram not be sent over the President's signature. If it
is sent at all, it should be over Dr. Turner's signature.
MEMORANDUM
THE WHITE HOUSI
WASHINGTON
August 16, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
8262
SUBJECT:
Additional Martin Kaiser Correspondence
You will recall that Martin Kaiser has written us in the past
concerning his allegations of misconduct on the part of FBI
agents. We referred his previous letters to the Department of
Justice. Kaiser has now written Webster, stating that a
Federal court in North Carolina has agreed with him, although
no evidence or specifics are adduced to support this claim.
In his letter to Webster, Kaiser claims the agents violated
the FBI standards of conduct, and asks that they be fired.
Kaiser sent you a copy of his letter to Webster, with a brief
cover note.
As we decided before, this is not a matter in which the White
House should become involved. No response is necessary, nor
is any referral, since Justice already has the letter to
Webster.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 17, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Presidential Seal Inquiry
Congressman Timothy Wirth (D.-Colorado), on behalf of his
constituent Perry Conway, has asked the Photo Office for a
slide of the Presidential Seal. Conway has been commissioned
by the Jefferson and Boulder County Schools to prepare an
educational program about eagles, and would like to use the
Seal in the program. Diane Powers of the Photo Office sent
Wirth's letter, and a slide of the Seal, to us for direct
response.
I have no objection to Conway's contemplated use of the slide
of the Seal. The proposed use could be considered acceptable
under subsection 1 (c) of Executive Order 11649 (use in an
"educational facility" incident to description of the Seal) or
subsection 1 (f) (reproduction in pictures of bona fide news
content), and could be authorized under subsection 1 (g)
(exceptional educational purpose). There appears to be no
danger of commercial exploitation of the Seal, and we can
caution against this in our letter to Conway.
Attachments
THE WHITE HOUSE
WASHINGTON
August 17, 1983
Dear Mr. Conway:
You have requested, through your Congressman, a color slide of
the Seal of the President. It is our understanding that you
have been commissioned by the Jefferson and Boulder County
Schools to prepare a program on eagles, and that you would
like to include a slide of the Seal in the program.
Title 18 of the United States Code, Section 713 generally
prohibits use of the Seal of the President except in accor-
dance with regulations promulgated by the President. These
regulations are embodied in Executive Order 11649. A copy of
the statute and implementing regulations are enclosed for your
information.
We have no objection to your use of the Seal in connection
with your program on eagles, solely for the purpose of demon-
strating the appearance of the eagle on the Seal. We have
enclosed a color slide, pursuant to your request, which may be
used for this purpose. We would remind you that the permitted
uses of the Seal are limited by law, and that the Seal may not
be used by you for any purpose other than that specified
above.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Perry Conway
Post Office Box 303
Louisville, Colorado 80027
THE WHITE HOUSE
WASHINGTON
August 17, 1983
Dear Congressman Wirth:
On August 12 you wrote the White House Photo Office on behalf
of a constituent, Perry Conway, seeking to obtain a color
slide of the Seal of the President. The permitted uses of the
Seal are limited by law, but we have determined that Mr.
Conway's contemplated use is acceptable. A copy of our letter
to Mr. Conway, explaining the limits on the use of the Seal
and forwarding the slide he requested, is attached for your
information.
Please do not hesitate to let us know if we may be of any
further assistance.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Timothy Wirth
U.S. House of Representatives
Washington, D.C. 20515
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
Roberts, John
IGP 8/4/2005
File Folder
FOIA
CHRON FILE (08/09/1983 - 08/21/1983)
F05-139/01
COOK
Box Number
26IGP
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
5 MEMO
1 8/18/1983 B6
557
ROBERTS TO FIELDING RE REMOVAL FROM
PROMOTION LIST
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
August 18, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Vinsik Statement re: Latin American
Drug Trafficking and its Impact on
North Carolina -- August 22, 1983
Raymond Vinsik, DEA Special Agent in charge of the Atlanta
field office, proposes to deliver the attached statement
before Senator Helms' Foreign Relations Western Hemisphere
Subcommittee. The statement reviews DEA efforts with respect
to the leading western hemisphere source countries, including
Peru, Columbia, Jamaica, and Mexico. The testimony recognizes
that heightened enforcement in South Florida has diverted more
traffic to North Carolina; reviews Operation Gateway, a
successful anti-smuggling operation centered on North Carolina;
and stresses that new Administration initiatives will direct
more anti-drug resources to North Carolina. I have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
August 18, 1983
MEMORANDUM FOR GREG JONES
-
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Statement of Vinsik before the Senate Foreign
Relations Subcommittee on Western Hemisphere
Counsel's office has reviewed the above-referenced proposed
testimony, and finds no objection to it from a legal perspec-
tive.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 18, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Request for Constitutional Opinion
Paul M. Walters of Cleburne, Texas asks: "Is Article 1
Section 10 of the Constitution still binding in the states?"
He notes that he needs our opinion to determine the validity
of a judgment expressed in "paper dollars," from which I
deduce that he is referring to that clause in article 1,
section 10 which provides "No State shall make any Thing
but gold and silver Coin a Tender in Payment of Debts
"
Walters addressed identical queries to Secretary Dole and Dave
Gergen, both of whom referred the letters to us.
The short answer to Mr. Walters' question is yes, of course
article 1, section 10 of the Constitution is still binding on
the states. With respect to his underlying concern, however,
it should be noted that Congress -- not any state -- has made
"paper dollars" legal tender, so there is no violation of the
"legal tender" clause when a judgment -- even a state judgment
-- is expressed in such dollars. By its terms article 1,
section 10 does not apply to the federal government.
In the famous Legal Tender Case, 110 U.S. 446 (1884), the
Supreme Court ruled that although states are denied the power
to make anything but gold and silver coin legal tender, it
could not be inferred that the Framers also intended to
prohibit Congress from doing so. It is not unusual for
amateur attorneys to attempt to escape liability or obtain a
windfall by citing the legal tender clause, and refusing to be
bound to a debt or judgment expressed in dollars. Such
efforts have been rebuffed on the ground relied upon in the
Legal Tender Case. See, e.g., Rush V. Casco Bank & Trust Co.,
348 A. 2d 237 (Maine 1975) i Chermack V. Bjornson, 302 Minn.
213, 223 NW. 2d 659, cert. denied, 421 U.S. 914 (1974).
I recommend advising Walters, first and foremost, that we are
not in the business of giving legal advice to private parties.
We can, however, suggest that while article 1, section 10 is
binding on the states, that does not mean a judgment expressed
in paper dollars is invalid.
Attachment
THE WHITE HOUSE
WASHINGTON
August 18, 1983
Dear Mr. Walters:
Thank you for your letter of August 7, 1983. In that letter
you asked whether article 1, section 10 of the United States
Constitution was still binding on the states. You indicated
that you needed an answer in order to determine the validity
of a judgment expressed in "paper dollars."
As an initial matter I must advise you that our office cannot
provide legal advice to private parties with respect to
particular personal claims or concerns. As a general matter,
however, I can advise that article 1, section 10 is binding on
the states, although as with any constitutional or statutory
provision it must be interpreted in light of judicial
precedent. With respect to your concern about the validity of
a judgment expressed in "paper dollars," it is significant
that Congress, as opposed to any state, has made federal
currency legal tender. Courts have ruled that the "legal
tender clause" of article 1, section 10 does not bar Congress
from taking such action.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Paul M. Walters
1204 Crestwood Drive
Cleburne, Texas 76031
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 18, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Request from Joey Adams that the
President Write Foreword to His New Book
You will recall that Joey Adams, President of The Actors
Youth Fund and a close friend of the President's, wrote the
President to ask him to write a foreword to Laugh Yourself
Well, a new book on the uses of humor being written by
Adams. We advised Kathy Osborne that the President should
not become involved in such a commercial venture, and
prepared a letter to Adams to that effect. Osborne replied
that the President would like to make an exception if Adams
were doing the book for the benefit of The Actors Youth
Fund. There were no indications from Adams' correspondence
that this was the case, but, at your request, I placed a
call to him. He was out of the country and only returned my
call today.
I told Adams that as a matter of policy the President
avoided involvement in commercial ventures, and Adams stated
that all the money would go to The Actors Youth Fund. While
we typically avoid endorsing charitable projects as well as
commercial ventures, the problems are less severe and
exceptions have been made. In light of the President's
expressed desire to write the foreword, and Mr. Adams'
assertion that proceeds from the book will go for charitable
purposes, I see no objection to an exception in this case.
A proposed memorandum to Osborne is attached for your review
and signature.
Attachment
THE WHITE HOUSE
WASHINGTON
August 18, 1983
MEMORANDUM FOR KATHLEEN OSBORNE
PERSONAL SECRETARY TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request that President Write Foreword
You will recall that Joey Adams, President of The Actors
Youth Fund, asked the President to write a foreword to his
new book on the uses of humor. We advised that it would be
inappropriate for the President to do so, in light of the
White House policy of avoiding involvement in commercial
ventures. The President thereupon inquired if Adams were
doing the book for the benefit of The Actors Youth Fund.
Mr. Adams has been out of the country, and only recently has
been able to return our calls. He has now indicated that
all of the proceeds of the book will in fact go to The
Actors Youth Fund. Accordingly, we have no objection to the
President writing a brief foreword to Mr. Adams' book,
should he desire to do so. Our office, however, should
review a draft of the proposed foreword.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 18, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS,-
SUBJECT:
Draft Presidential Radio Address:
Efficiency in Government
Richard Darman has asked for comments to be sent directly to
Aram Bakshian by 2:00 p.m. today on the above-referenced
remarks. The remarks review several Administration initia-
tives that have reduced the cost of the federal bureaucracy,
including trimming the number of personnel, requiring more
evidence before allowing disability retirement, and adjusting
civil service retirement benefits to inflation once rather
than twice per year. The remarks also urge requiring federal
employees to earn their pay raises (first proposed last
March), and note that this Administration deserves credit for
unveiling the much-publicized examples of Pentagon contracting
abuses. I have no objections.
Attachment
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 18, 1983
FOR:
ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
AND DIRECTOR OF SPEECHWRITING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Radio Address:
Efficiency in Government
Counsel's office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.