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Chron File (11/28/1983-11/30/1983)
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Chron File (11/28/1983-11/30/1983)
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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 (11/28/1983-11/30/1983)
Box: 62
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
asp
SUBJECT:
Photo Request
Cliff Dudley, President of New Leaf Press, has written Diane
Powers in the Photo Office to request permission to use a color
photograph of the President, obtained from the Photo Office, on
the cover of a book to be published by New Leaf Press. (White
House photographs that have been released into the public domain
are available for the asking.) The book, authored by David Lewis
and tentatively titled "The Zero Year Curse," concerns "the death
of so many of the Presidents who were in office during a Zero
Year time."
It is my understanding that we try to discourage such use of
photographs of the President, to avoid creating the impression
that the President has endorsed or collaborated on the book. The
President's photograph often appears on book covers, however, as
it did on the cover of the Americans for the Reagan Agenda book,
A Time for Choosing. There is little that we can do to actually
prevent such use of photographs of the President. In this case,
however, New Leaf Press has asked for our affirmative approval,
which we should decline to provide, citing the usual concerns.
I would also note that the subject of the book appears to concern
President Reagan only tangentially, and that the sloppiness of
Dudley's letter suggests that the book itself may be less than a
professional effort. A postscript to Dudley's letter notes that
Herb Ellingwood "of the President's Council Office" is familiar
with New Leaf Press and "could make explaination [sic] for us."
I have not discussed this matter with Mr. Ellingwood.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
Dear Mr. Dudley:
Thank you for your letter of November 10 to Diane Powers of the
White House Photography Office. In that letter you requested
permission to use a White House photograph of the President on
the cover of a book to be published by your company.
I must advise you that it is established White House policy not
to approve such use of White House photographs of the President.
This policy is based on concern that the appearance of a White
House photograph of the President on a book cover could convey
the misleading impression that the President has endorsed or
otherwise collaborated on the book. Accordingly, we cannot grant
the permission you requested.
I trust you will understand the reasons we must adhere to this
policy. Please be assured that our inability to grant you
permission to use the White House photograph of the President as
you requested is in no sense an adverse reflection on you or New
Leaf Press.
Thank you for writing. I am sorry our response could not be more
favorable.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Cliff Dudley
New Leaf Press
Post Office Box 1045
Harrison, Arkansas 72601
FFF: JGR:aea 11/23/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ask
SUBJECT:
Draft Proclamation -- Carrier Alert Week
Dodie Livingston requested comments by close of business
November 30 on the above-referenced draft proclamation. The
proclamation, authorized and requested by S.J. Res. 141, was
drafted by the Postal Service and has been approved by OMB.
It describes the Carrier Alert Program, under which postal
carriers who observe accumulations of mail for elderly or
disabled participants alert a designated social service
agency, and the agency checks to ensure the well-being of
the participant.
I have reviewed the draft proclamation, and have no
objection to it.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR DODIE LIVINGSTON
SPECIAL ASSISTANT TO THE PRESIDENT
DIRECTOR, SPECIAL PRESIDENTIAL MESSAGES
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Proclamation -- Carrier Alert Week
Counsel's Office has reviewed the above-referenced draft
perspective. proclamation, and finds no objection to it from a legal
FFF:JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS ask
SUBJECT:
Draft Proclamation: Bill of Rights
Day/Human Rights Day and Week, 1983
Dodie Livingston asked for comments on the above-referenced
draft proclamation by close of business December 2. This
proclamation kills three birds with one stone, commemorating
Bill of Rights Day (December 15), Human Rights Day
(December 10), and Human Rights Week (December 10-16). The
proclamation, a traditional one without statutory basis, was
drafted by the State Department and approved by OMB. It
reviews the hopes that underlay the adoption by the United
Nations of the Universal Declaration of Human Rights in
1948, and notes how those hopes have been frustrated in the
Soviet Union, Poland, and Afghanistan. Specific mention is
made of the award of the Nobel Peace Prize to Lech Walesa.
I have reviewed the draft proclamation and have no objection
to it.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR DODIE LIVINGSTON
SPECIAL ASSISTANT TO THE PRESIDENT
DIRECTOR, SPECIAL PRESIDENTIAL MESSAGES
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Proclamation: Bill of Rights
Day/Human Rights Day and Week, 1983
Counsel's Office has reviewed the above-referenced draft
proclamation, and finds no objection to it from a legal
perspective.
FFF:JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill H.R. 2196 -- Authorization
of Appropriations for the National Historical
Publications and Records Commission
Richard Darman has asked for comments by 10:00 a.m.
November 30 on the above-referenced enrolled bill. The bill
would authorize appropriations of $4 million for the
National Historical Publications and Records Commission
grant programs for 1984 and 1985 and $5 million for the next
three years. The Commission was established in 1934 and
exists to promote collection and publication of historical
papers of outstanding citizens.
OMB recommends approval; GSA has no objection. I have
reviewed the memorandum for the President prepared by OMB
Assistant Director for Legislative Reference James M. Frey,
and the bill itself, and have no objection.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 2196 -- Authorization
of Appropriations for the National Historical
Publications and Records Commission
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS asor
SUBJECT:
Enrolled Bill H.R. 2780 -- Extension
of General Revenue Sharing
Richard Darman has asked for comments by 10:00 a.m. today on
the above-referenced enrolled bill. This bill, largely the
result of an Administration proposal, would extend general
revenue sharing for three years at the currently authorized
funding level of $4.6 billion per year. The bill includes
several minor amendments to the revenue sharing scheme,
requiring recipients of funds to hold only one hearing on
proposed uses instead of two, increasing audit requirements,
and mandating a study on several revenue sharing issues.
OMB, Treasury, and the Advisory Commission on Intergovern-
mental Relations recommend approval; Commerce has no
objection and Justice has no comment. I have reviewed the
memorandum for the President prepared by OMB Director David
Stockman, and the bill itself, and have no objection. This
is the third extension of revenue sharing, which was first
introduced in 1972. There are those who believe such
revenue sharing is unconstitutional, on the theory that the
federal government may tax only to obtain funds for national
projects, not to act as a collection agent for state and
local government. At this point those objections may safely
be considered to raise policy as opposed to legal concerns.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 2780 -- Extension
of General Revenue Sharing
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
82R
SUBJECT:
Enrolled Bill S. 450 -- Mail Order
Consumer Protection Amendments of 1983
Richard Darman has asked for comments by 10:00 a.m. today on
the above-referenced enrolled bill. The bill would
strengthen the ability of the Postal Service to combat mail
fraud in two principal ways: First, the bill would author-
ize the Service to offer the advertised price for a mail
order product and require the seller to sell the product to
the Service at that price. Currently the Service must send
in an order and wait to receive the product by mail to com-
mence its investigation. Unscrupulous mail order dealers
aware of this limitation collect large numbers of orders
before sending their product out, and then promptly move and
change the name of their firm.
Second, the bill would authorize civil fines of up to
$10,000 per day for violating cease and desist orders under
the Act or attempting to evade a mail stop order. Current
law only provides criminal penalties and its effectiveness
is accordingly limited to the most egregious cases with
clear proof.
OMB, the Postal Service, and the Office of Consumer Affairs
recommend approval; Justice has no objection. I have
reviewed the memorandum for the President prepared by OMB
Assistant Director for Legislative Reference James M. Frey,
and the bill itself, and have no objections. The memorandum
for the President notes that the Office of Consumer Affairs
has prepared a signing statement, but we have not as yet
been provided with a copy. The attached "no objection"
memorandum for Darman accordingly notes that we have not
reviewed this statement.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 450 -- Mail Order
Consumer Protection Amendments of 1983
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
We have not yet received and accordingly have not yet
reviewed a copy of the signing statement prepared by the
Office of Consumer Affairs.
FFF:JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Proposed Signing Statement for Enrolled
Bill S. 450 -- Mail Order Protection
Amendments of 1983
We have now received the proposed signing statement for
S. 450, the "Mail Order Consumer Protection Amendments of
1983," and Richard Darman has asked for comments on it by
10:00 a.m. tomorrow. The proposed statement, prepared by
the Office of Consumer Affairs, simply reviews the major
provisions of the bill. It is rife with technical errors,
which I have pointed out in the attached draft memorandum
for Darman.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Signing Statement for Enrolled
Bill S. 450 -- Mail Order Protection
Amendments of 1983
Counsel's Office has reviewed the draft signing statement
to accompany S. 450, prepared by the Office of Consumer
Affairs. We note the following corrections:
Page 1, line 4: Add "deceptive" between "deter" and
"mail." The bill-is not intended to "deter mail order
schemes," only deceptive ones.
Page 1, line 12: "civil representation" should be
"false representation."
Page 1, line 20: "shoppers" should be "shoppers'."
Page 1, lines 25-26: "the existing statutes
deterrent effect" should be "the deterrent effect of the
existing statute."
Page 1, line 27: Add "fails to" between "or" and
"comply."
Page 2, line 1: "such" lacks an antecedent. We
suggest changing "that such person has offered to provide
through the mails" to "offered through the mails."
Page 2, line 13: Again, add "deceptive" to modify
"mail order schemes.' "
Page 2, lines 16-19: This sentence is awkward and
ungrammatical. We suggest: "Promoting consumer awareness
of deceptive mail order schemes is the most effective and
least costly means of ending victimization in this area."
FFF:JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
Letter from U.S. Attorney Hinton Pierce
U.S. Attorney Hinton R. Pierce (S.D. GA) has written to pass
along a clipping of a newspaper article in which he ex-
plained the decision to dismiss federal charges against
Charles R. Harris, the individual who disrupted the
President's golf match in Augusta. The federal charges
were, as you know, dismissed without prejudice to permit
prosecution of the more substantial state charges to
proceed.
Since this was widely known before receipt of Pierce's
letter, I assume his real purpose in writing was to share
the joke in the last paragraph. The attached draft acknow-
ledgment lacks a witty rejoinder because I have been unable
to think of one. Alternatively, it is probably not neces-
sary to respond to Pierce's letter at all.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
Dear Mr. Pierce:
Thank you for your letter and the accompanying newspaper
clipping, which explained why federal charges against
Charles R. Harris were dismissed without prejudice.
I also appreciate your sharing with me the "real reason"
Harris did what he did. I had thought he was just teed off
about something.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Hinton R. Pierce
United States Attorney for the
Southern District of Georgia
Post Office Box 2017
Augusta, Georgia 30903
FFF:JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 826
SUBJECT:
Draft Letter Regarding National
Productivity and Innovation Act of 1983
John Svahn has asked you to determine if a letter he and
Faith Whittlesey propose to send to the Presidents or
Executive Directors of 25 listed business, manufacturing,
and electronics associations complies with anti-lobbying
restrictions. The letter briefly discusses the main
features of the Administration's proposed National
Productivity and Innovation Act of 1983, which the President
submitted to Congress on September 12.
Two anti-lobbying restrictions are pertinent: the criminal
prohibitions in 18 U.S.C. § 1913 (the "Anti-Lobbying Act")
and the "publicity or propaganda" appropriations rider, the
current version of which is found at sections 601 and 609 (a)
of the Treasury, Postal Service, and Executive Office of the
President appropriations bill, S. 1646 and H.R. 4139. The
proposed letter does not appear to present any problems
under either of these provisions, as they have been
interpreted by the Justice Department's Office of Legal
Counsel (OLC).
OLC has interpreted both provisions as limited to over-
reaching by the Executive Branch in the form of an explicit
or implicit campaign to urge members of the public to
contact Congressional representatives. See Memorandum to
Robert J. Lipshutz from Assistant Attorney General Harmon
(November 29, 1977); Memorandum Opinion for the Solicitor,
Department of the Interior from Assistant Attorney General
Harmon (July 18, 1978). The proposed letter simply conveys
the substance of the Administration's proposal; it does not
request any action by the recipients. Your memorandum of
February 23, 1981 for the White House Staff on this subject
states that "it is not improper for an Executive Branch
employee to provide legitimate informational background and
material to the public in support of an Administration
policy effort." That memorandum notes further that
Executive Branch officials may, in dealing with independent
outside organizations, "make suggestions, respond to or
raise particular inquiries, or discuss the merits of various
legislative strategies and related matters, so long as the
Executive Branch officials do not suggest organization of
grass roots pressure." The proposed letter falls within
this area of permitted activity.
I have prepared a memorandum to Svahn for your signature,
noting that we have reviewed his proposed letter and have no
objection to it.
Attachment
THE WHITE HOUSE
WASHINGTON
November 28, 1983
MEMORANDUM FOR JOHN A. SVAHN
ASSISTANT TO THE PRESIDENT
FOR POLICY DEVELOPMENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Letter Regarding National
Productivity and Innovation Act of 1983
You have asked this office to review a letter on the
National Productivity and Innovation Act of 1983 that you
and Faith Whittlesey propose to send to the Presidents or
Executive Directors of 25 listed business, manufacturing, or
electronics associations. We have reviewed the proposed
letter and determined that it does not run afoul of the
applicable anti-lobbying provisions.
There are two pertinent provisions: the criminal
prohibitions of 18 U.S.C. $ 1913 (the "Anti-Lobbying Act")
and the so-called "publicity or propaganda" appropriations
rider. The proposed letter simply conveys information on
Administration policies and proposals to groups interested
in those policies and proposals, and does not urge the
groups or their members to contact Congressional
representatives. The letter accordingly does not violate
the anti-lobbying provisions, as they have been interpreted
by the Department of Justice and this office.
Thank you for raising this question with us.
FFF: JGR:aea 11/28/83
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THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ope
SUBJECT:
Photo Request
You will recall that Cliff Dudley of New Leaf Press asked
permission to use a White House photograph of the President
on the cover of a book he is publishing. I prepared a
letter to Dudley for your signature declining to grant such
permission. You asked, however, whether we should do
anything with respect to the postscript to Dudley's letter,
which noted that Herb Ellingwood was familiar with New Leaf
Press.
I do not think we need touch base with Ellingwood before
proceeding, since our letter simply applies our established
policy and is not based on any peculiarity of New Leaf Press
that Ellingwood might be in a position to illuminate or
explain. We could advise Ellingwood of our disposition of
Dudley's request as a courtesy, and I have attached a draft
memorandum for this purpose.
Attachment
THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR HERBERT E. ELLINGWOOD
CHAIRMAN, MERIT SYSTEMS PROTECTION BOARD
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Cliff Dudley,
New Leaf Press
I attach for your information only copies of a letter from
Cliff Dudley of New Leaf Press, and our reply. Since Mr.
Dudley mentioned you in his letter I thought you might be
interested in the disposition of his request. As you will
see, our established policies did not permit us to grant Mr.
Dudley's request for permission to use a White House photo-
graph of the President on the cover of a book New Leaf Press
plans to publish.
FFF:JGR:aea 11/29/83
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THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ask
SUBJECT:
FOIA Request for Presidents' Addresses
The FOIA officer at GSA has transmitted a FOIA request GSA
received from a Malik Rahmaan Shabazz, asking for the home
addresses of former Presidents Nixon, Ford, and Carter and
President Reagan, as well as the addresses of any agents
authorized to receive service of process on their behalf.
Mr. Shabazz's motives are not revealed in his letter,
although apparently he is contemplating a lawsuit of some
sort.
I recommend reminding GSA that the White House Office is not
subject to the Freedom of Information Act, and should not,
in GSA's reply to Shabazz, be portrayed as responding to his
FOIA request. I also recommend, however, suggesting to GSA
that Shabazz's needs might be met by disclosing to him the
business addresses of the four living men who have served as
President, and advising him to contact each office con-
cerning arrangements for service of process. Since we know
nothing about Shabazz and he has asked for the home ad-
dresses of the former Presidents and President Reagan, I
also suggest alerting the Secret Service to Shabazz's
inquiry, for whatever action they consider appropriate.
Attachments
THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR WILLIAM W. HIEBERT
FOIA OFFICER, GENERAL SERVICES ADMINISTRATION
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
FOIA Request From Malik Rahmaan Shabazz
By memorandum dated November 16 you transmitted to this
office an FOIA request directed to the General Services
Administration by Malik Rahmaan Shabazz. The FOIA request
sought the home addresses of former Presidents Nixon, Ford,
and Carter and President Reagan, and the addresses of any
agents appointed to receive service of process for them.
The White House Office is not subject to the Freedom of
Information Act, Kissinger V. Reporters Committee for
Freedom of the Press, 445 U.S. 136, 156 (1980), and
accordingly we do not respond to FOIA requests. In your
response to Mr. Shabazz, care should be taken not to portray
the White House as responding in any way to the FOIA request
he filed with GSA. With respect to your reply, Mr. Shabazz
may be satisfied with the business addresses only of the
three former Presidents and President Reagan. These are:
The Honorable Richard M. Nixon
26 Federal Plaza
New York, New York 10007
The Honorable Gerald R. Ford
Post Office Box 927
Rancho Mirage, California 92270
The Honorable Jimmy Carter
Richard B. Russell Federal Building
75 Spring Street, S.W.
Atlanta, Georgia 30303
The Honorable Ronald Reagan
The President of the United States
Washington, D.C. 20500
Mr. Shabazz should be directed to contact each office for
information concerning service of process.
In light of the sensitivity of any request for the home
addresses of the former Presidents, we have provided the
Secret Service with a copy of Mr. Shabazz's letter, for
whatever action they deem appropriate.
FFF: JGR:aea 11/29/83
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THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR JOHN J. KELLEHER
LEGAL COUNSEL, U.S. SECRET SERVICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
FOIA Request for Presidents' Addresses
I am forwarding for whatever action you deem appropriate a
FOIA request received by GSA from a Malik Rahmaan Shabazz,
asking for the home addresses of former Presidents Nixon,
Ford, and Carter and President Reagan. A copy of my
memorandum to William Hiebert of GSA is also attached. That
memorandum recommends that GSA provide Shabazz only with
business addresses.
Attachments
FFF:JGR:aea 11/29/83
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THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
Citizenship Request: Dr. David C. Webb
You will recall that Mrs. David C. Webb wrote the President
in an effort to expedite the review of her husband's
application for citizenship, which has been pending for over
two years without any action by the local INS office. By
memorandum dated November 3, you referred Mrs. Webb's
correspondence to INS General Counsel Maurice C. Inman, Jr.,
solely to obtain information to facilitate a response to
Mrs. Webb. Inman has now advised us that a review of the
records in Dr. Webb's case indicates he will receive his
notice to appear for the requisite interview before
Christmas 1983, after which he may petition for a court
hearing. That hearing will be set for the next available
date, probably in February 1984.
I have drafted a reply to Mrs. Webb conveying this informa-
tion, for your signature. Mrs. Webb's letter asked for a
letter from the White House stating that it is in the
national interest for her husband to be granted citizenship.
We specifically asked Inman in our memorandum for advice
concerning any such procedure, but he did not mention the
issue in his response. My review of the applicable statutes
revealed no such procedure, and I assume Inman failed to
discuss it because it does not exist. I recommend simply
avoiding the issue in our reply to Mrs. Webb, since it is
largely mooted by the imminence of her husband's natural-
ization.
Attachment
THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR MAURICE C. INMAN, JR.
GENERAL COUNSEL
IMMIGRATION AND NATURALIZATION SERVICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Citizenship Request: Dr. David C. Webb
Attached for your information is a copy of my response to
Mrs. David C. Webb's letter to the President concerning the
citizenship application of her husband. My response is
based on the information you provided on this case in your
memorandum of November 18.
Thank you for your assistance in this regard.
FFF:JGR:aea Attachment 11/29/83
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THE WHITE HOUSE
WASHINGTON
November 29, 1983
Dear Mrs. Webb:
Thank you for your letter to the President concerning the
pending citizenship application of your husband, Dr. David
C. Webb. We requested information from the Immigration and
Naturalization Service (INS) concerning the status of your
husband's application. INS advised us that he should
receive his notice to come in for an interview before
Christmas, 1983, after which he may file his petition in
court. According to INS, the court will grant him the next
available hearing date, which will probably be in February
1984. This assumes that Dr. Webb has satisfied all of the
applicable legal requirements and that his papers are
otherwise in order.
I hope this information is helpful. Thank you for writing.
Sincerely,
Fred F. Fielding
Counsel to the President
Mrs. Liliane Webb
626 South 29th Street
Arlington, VA 22202
FFF:JGR:aea 11/29/83
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THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS gsr
SUBJECT:
H.R. 2395 -- Wetlands Loan Act Extension
Richard Darman has asked for comments on enrolled bill
H.R. 2395 by November 30. This bill, passed by both Houses
by voice vote, extends authorization of appropriations under
the Wetlands Loan Act for one year and delays for one year
the requirement that previous loans under that act be repaid
out of the proceeds of the sale of "duck stamps." Loans to
acquire wetlands for migratory birds would otherwise expire
this year, and previous loans would have to begin to be
repaid from the "duck stamps" funds otherwise available to
purchase and maintain wetlands. The purpose of the bill is
simply to buy time (one year) pending comprehensive review
of the wetlands legislative scheme.
OMB and Interior recommend approval; Treasury has no ob-
jection. I have reviewed the memorandum for the President
prepared by OMB Assistant Director for Legislative Reference
James M. Frey, and the bill itself, and have no objection.
Attachment
THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 2395 -- Wetlands Loan Act Extension
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
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THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DDR
SUBJECT:
Presidential Remarks: Signing Ceremony
for H.R. 2780 -- State and Local Fiscal
Assistance Amendments of 1983 --
Wednesday, November 30, 1983
Richard Darman has asked that comments on the attached
remarks be sent directly to Ben Elliott by noon today. The
remarks stress the greater responsiveness of state and local
government and the role of general revenue sharing in
assisting government at those levels. I have reviewed the
brief remarks and have no objection to them.
Attachment
THE WHITE HOUSE
WASHINGTON
November 29, 1983
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING OFFICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Remarks: Signing Ceremony
for H.R. 2780 -- State and Local Fiscal
Assistance Amendments of 1983 --
Wednesday, November 30, 1983
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.
CC: Richard G. Darman
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THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill H.R. 3765 -- Las Vegas
Paiute Trust Lands
Richard Darman asked for comments on the above-referenced
enrolled bill by 10:00 a.m. tomorrow. The bill would
declare that 3,800 acres of public land in Nevada (valued at
$1.5 million) be held in trust for the Las Vegas Paiute
Tribe. The tribe, consisting of 143 members, has no legal
claim to the land, but simply wants to expand its economic
base. Interior originally opposed the bill, contending that
the land should not be transferred without compensation, but
now has no objection. OMB recommends approval; Justice and
EPA defer to Interior. This bill essentially does nothing
more than take money from you, me, and everyone else and
give it to 143 people in Nevada (about $10,000 each), simply
because they want it.
I have reviewed the memorandum for the President prepared by
OMB's Assistant Director for Legislative Reference James M.
Frey, and the bill itself, and have no legal objection.
Attachment
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3765 -- Las Vegas
Paiute Trust Lands
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
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THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Seal Inquiry
George M. Mahoney, Jr., on behalf of Southern Heritage
Prints, has written "to verify permission for the con-
tinual use of the Presidential Seal" on two items his
company would like to produce. The two items, a memo pad
of Presidential quotations and a booklet of Presidential
quotations, are described as "companion items" to be added
to Southern Heritage's existing "Presidential Series. That
existing series includes a folio collection, "Presidents of
the United States from the South," which features the
Presidential Seal. Mr. Mahoney enclosed with his request a
copy of a July 14, 1980 letter from Senior Associate Counsel
Douglas B. Huron, granting Southern Heritage permission to
use the Seal "in conjunction with a book you are preparing
on presidents from the South." The "book" is apparently the
folio.
I do not think use of the Presidential Seal on a memo pad
with Presidential quotations is permitted under the
Executive Order. Section 1 (b) of the Executive Order does
not apply because (1) the mere presence of a quotation on
each piece of paper does not transform the memo pad into
"a description or history
of
the Presidency, (2) a memo
pad cannot be considered embraced by the terms "encyclo-
pedias, dictionaries, books, journals, pamphlets, period-
icals, or magazines," and (3) the appearance of the Seal on
each sheet of paper is clearly not "incident to" a histori-
cal work, but rather an integral part of the substance of
the product itself. Use of the Seal on the covers and title
page of a sixty-page collection of Presidential quotations,
however, does seem to me to fall within this permitted use.
Section 1 (b) refers to "pamphlets" as well as books, and I
would not want to have to argue that a collection of
quotations -- the original source material -- cannot be
considered a "description or history" of the Presidency.
Mr. Huron's decision to authorize use of the Seal on
Southern Heritage's folios strikes me as a close call, but
in the interests of stare decisis we should probably not
revisit it. We should, however, object to the use of the
Seal on Southern Heritage's promotional material (see yellow
tag), and the attached draft letter to the company does SO.
Attachment
THE WHITE HOUSE
WASHINGTON
November 30, 1983
Dear Mr. Mahoney:
Thank you for your letter of November 21, requesting
permission to use the Seal of the President on each sheet of
a 100-sheet memo pad of Presidential quotations and on the
covers and title page of a booklet of Presidential quota-
tions. These items will be marketed at Presidential
libraries, museums, and other locations.
Title 18 of the United States Code, Section 713 generally
prohibits use of the Seal of the President except in
accordance with regulations promulgated by the President.
These regulations are embodied in Executive Order 11649.
A copy of the statute and implementing regulations is en-
closed for your information.
Use of the Seal on the covers and title page of your planned
booklet of Presidential quotations appears to fall within
subsection 1 (b) of the Executive Order, and therefore would
be permissible so long as the Seal is not used in such a
manner as to suggest sponsorship or approval by the Govern-
ment in violation of 18 U.S.C. § 713(a). This would depend
on such details as the appearance of the covers and title
page and the presence of other identifying information
indicating that the booklet was not produced by the
Government.
Use of the Seal on the memo pad, however, does not fall
within any of the permitted uses in the Executive Order.
Memo pads cannot be considered "encyclopedias, dictionaries,
books, journals, pamphlets, periodicals, or magazines;"
reproduction of the Seal on each sheet of the memo pad
cannot be considered use of the Seal "incident to" a
description or history of the Presidency; and the memo pad
cannot be considered such a "description or history" simply
because each sheet contains a Presidential quotation. We
must accordingly decline to grant you permission to use the
Seal on the memo pads.
I should also point out that the Seal may not be used in
promotional materials. The permission you received in 1980
to use the Seal "in conjunction with a book you are pre-
paring on presidents from the South" was limited to that
specific use, and did not authorize use of the Seal in
advertising circulars. In this regard we must object to
the appearance of the Seal at the top center of your
"Presidential Series" order form.
Thank you for your inquiry. Should you have any further
questions please do not hesitate to write.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. George M. Mahoney, Jr.
Southern Heritage Prints
Post Office Box 503
Huntsville, Alabama 35804
Enclosure
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THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
"Christian Science Monitor" Questions
Regarding Anti-Drugs
David Willis of the Christian Science Monitor has submitted
five questions on drug abuse for the President, and we have
been asked to comment by 5:00 p.m. November 30 on the draft
answers prepared by Carlton Turner's office. The proposed
responses to questions 1-3 and 5 are unobjectionable.
Question 4 asks if the President sees a communist-inspired
effort in Cuba and behind the Iron Curtain to weaken
America's youth through drugs. The proposed response is not
responsive at all but discusses permissive theories of
child-rearing. Turner's theory was probably to make the
child-rearing point somewhere, whether the question was
asked or not, but making it in response to this question is
bizarre and may be misinterpreted as suggesting that certain
child psychologists were communists. In addition, DEA
Administrator Francis Mullen testified on May 12 that "When
we examine the total amount of intelligence and evidence
that is available from the 1970's, the Guillot investigation
and its follow-up, and new intelligence now being developed,
it is difficult not to believe that the Government of Cuba
remains cognizant of the movement of drugs through its
territory, and may be facilitating this movement." I see no
reason for the President not to say as much. The attached
draft memorandum for Darman contains a suggested substitute
answer to question 4.
Attachment
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
"Christian Science Monitor" Questions
Regarding Anti-Drugs
Counsel's Office has reviewed the above-referenced proposed
responses to the Christian Science Monitor questions on drug
abuse. We consider the bulk of the answer to question four
to be nonresponsive. A discussion of theories of child-
rearing in response to a specific question concerning
communist-inspired efforts to promote drug abuse in the
United States could easily be misinterpreted as a comment on
the ideological leanings of child psychologists. In ad-
dition, evidence does exist to support a more direct
response. On May 12, 1983, Francis Mullen, the Adminis-
trator of the Drug Enforcement Administration, testified
that "When we examine the total amount of intelligence and
evidence that is available from the 1970's, the Guillot
investigation and its follow-up, and new intelligence now
being developed, it is difficult not to believe that the
Government of Cuba remains cognizant of the movement of
drugs through its territory, and may be facilitating this
movement." Unless something has happened in the interim to
call this conclusion into question, we see no reason the
President should not discuss it.
We suggest the following version of the answer to question
four:
There is evidence that many people in our country
and overseas have tried to profit from the illegal
drug trade. It is not always easy to tell whether
they are motivated purely by greed or have some
other purpose as well. Those officials directly
involved with our drug enforcement effort have
stated that the evidence suggests the Government
of Cuba is turning a blind eye to the movement of
drugs through its territory and may be facilitating
this movement. As a general matter I'm sure those
who oppose us are enjoying our frustrating moments
as we try to undo the harm that has been done.
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THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DDR
SUBJECT:
Henry Berliner Correspondence
Concerning Barbados
When we discussed the Henry Berliner correspondence
concerning law enforcement assistance to Barbados and the
U.S. - Barbados tax treaty, you requested that I consult
with the State Department to determine the feasibility of
pursuing these questions. The significant point about the
termination of the tax treaty is that it is part of an
across-the-board decision to terminate all of a certain
class of tax treaties dating back to British colonial days.
Some 23 countries are involved, in the Carribean and Africa.
The decision to terminate these treaties was made and
formally announced, after consultation with Congress, over
one year ago. By the terms of the treaties the effective-
ness of the termination was delayed until January 1, 1984.
Treasury was the moving force behind the decision, arguing
that the colonial era treaties were outdated and were
facilitating tax avoidance.
There was a dispute between U.S. and Barbadian officials
over which side was responsible for the delay in commencing
negotiations on a new treaty. Those negotiations are now
scheduled to begin in Washington on December 19. Even if
the negotiations move quickly there will inevitably be a
treaty "gap" of six months to one year.
The Treaty Section of the Legal Adviser's Office at State is
reluctant to rescind the notice of termination with respect
to Barbados, because of the impact such a decision could
have on negotiations with the 22 other affected nations. If
Barbados is granted a reprieve it would be difficult to deny
one to each of the other countries that find themselves in
the same boat. And the other 22 countries are in the same
boat: no new treaties have yet been negotiated, so the
"gap" problem exists across the board. State attorneys also
expressed concern about rescinding the notice of termination
after consulting with and advising the Senate of the
decision to terminate the treaties. Treasury is opposed to
rescinding the notice of termination because it views the
"gap" problem as providing valuable leverage in the
negotiations for new treaties. At least with respect to
Barbados, however, Treasury has already agreed to make the
provisions of any new tax treaty retroactive to January 1,
1984, which should somewhat ease the "gap" problems.
With respect to police training, Mr. Berliner is correct
that section 660 of the Foreign Assistance Act, 22 U.S.C.
§ 2420, limits our efforts by providing that foreign
assistance funds generally may not be used "
to provide
training or advice, or provide any financial support, for
police, prisons, or other law enforcement forces for any
foreign government
"
This whole area has of course been
rather dramatically overtaken by events. Police training is
now a critical issue, with the most significant initiative
involving increased British aid to a police training center
in Barbados, in which we do not (and by law cannot)
participate. Extra slots for Grenadians are promised at
this center, which it is hoped will help develop the core of
a larger and more sophisticated Grenadian police force.
Let me know what further action, if any, you want on these
matters.
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
grd
SUBJECT:
Enrolled Bill S. 1341 -- Education of the
Handicapped Act Amendments of 1983
Richard Darman has aked for comments on the above-referenced
enrolled bill by 10:00 a.m. tomorrow. As the Administration
recommended, the bill will extend the grant programs of the
Education of the Handicapped Act for an additional three
years. Over the Administration's objections, however, the
bill will impose a wide variety of onerous data gathering,
evaluation, and reporting requirements on the Department of
Education. There is an unusual provision in the bill, $ 6,
that would prohibit the Secretary from issuing regulations
under the Act that "would procedurally or substantively
lessen the protections provided to handicapped children
under this Act, as embodied in regulations in effect on
July 20, 1983 except to the extent that such regulation
reflects the clear and unequivocal intent of the Congress in
legislation." The Secretary is also required to consult
with panels of outside experts before making grants under
the Act.
OMB and Education recommend approval; Justice has no
comment. I have reviewed the memorandum for the President
prepared by OMB Director David A. Stockman, and the bill
itself, and have no legal objection. Difficult questions
may arise in interpreting the "freezing" provision, § 6, but
objections to that provision do not justify overriding the
decisions of the affected agencies to continue the grant
program under this Act.
Attachment
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 1341 -- Education of the
Handicapped Act Amendments of 1983
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
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THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
850
SUBJECT:
"Queen Nancy" Postcard
As you directed, I have prepared a draft objecting to
this postcard. The draft was not easy to prepare
because, as I indicated in my original memorandum, I
do not believe we have any legal recourse to stop
publication of the postcard. There is case law that
would prevent use of a photograph of Mrs. Reagan for
advertising purposes, but that is not what is involved
here. There is no doubt that postcards of Mrs. Reagan
can be produced without her permission; a parody -- as
this obviously is -- would seem to enjoy the same
protection. For these reasons my draft stops short of
explicitly questioning the legality of the postcard.
New drafts to Cathy Fenton and Mrs. Maggs are also
attached.
Attachment
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR CATHY FENTON
OFFICE OF THE FIRST LADY
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
"Queen Nancy" Postcard
You referred to this office a letter from Julia Maggs,
complaining about a tasteless postcard depicting the
First Lady as "Queen Nancy." Attached is a copy of my
reply to Ms. Maggs as well as a copy of a letter I
wrote to the President of the American Postcard
Company, Inc., which published the postcard.
Attachment
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THE WHITE HOUSE
WASHINGTON
December 1, 1983
Dear Mr. Dudley:
A citizen complaint has alerted us to the existence of
your postcard entitled "Queen Nancy." This postcard is
a montage of the First Lady's face pasted onto a body
of a queen, with a crown. Needless to say, we share
the view of the citizen who complained to us that the
postcard is in extremely poor taste.
Quite apart from questions of taste, your knowing
publication, distribution, and sale of a false
representation of the First Lady raise serious
concerns. Creating and publishing such a false
representation exceeds the appropriate bounds of even
the broadest conception of "humor" or commentary.
Certainly Mrs. Reagan's activities in such areas as
promoting the Foster Grandparents Program or combatting
drug abuse among our Nation's youth have subjected her
to some publicity, but her prominence hardly confers a
license for the deliberate doctoring of photographs to
present her as she has never appeared in reality.
We are deeply offended by the postcard and disappointed
that your company would include such an item among its
products.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. George Dudley
President, American
Postcard Company, Inc.
285 Lafayette Street
New York, New York 10012
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THE WHITE HOUSE
WASHINGTON
December 1, 1983
Dear Ms. Maggs:
Thank you for your letter of November 11 to the First
Lady's Office. Along with that letter you enclosed a
copy of a postcard depicting the First Lady as "Queen
Nancy." You noted that you found the postcard dis-
tasteful, and suggested that a letter from the White
House to the company responsible for producing the
postcard would cause the company to cease issuing it.
It goes without saying that we share your view of the
postcard. Enclosed for your information is a copy of
a letter I wrote to the President of the American Post-
card Company, Inc., which published the offending
postcard. I do not know if this letter will produce
the desired result, but at least the company will not
be in doubt as to our views on this subject.
Thank you for calling this unfortunate matter to our
attention. We appreciate your concern.
Best wishes,
Sincerely,
Fred F. Fielding
Counsel to the President
Ms. Julia Maggs
10873 Galvin Street
Culver City, CA 90230
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