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Chron File (12/20/1983-12/31/1983)
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Chron File (12/20/1983-12/31/1983)
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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 (12/20/1983-12/31/1983)
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
December 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
220
SUBJECT:
Civil Aeronautics Board Decision in
AFC International Co.
Richard Darman's office has asked for comments by
December 20 on the above-referenced CAB decision, which
was 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 this case, by January 16, 1984).
The order here has been reviewed by the appropriate depart-
ments and agencies, following the procedures established 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 Transportation
have not identified any foreign relations or national
defense reasons for disapproval. Since this order involves
a foreign carrier, the proposed letter from the President to
the CAB Chairman prepared by OMB omits the standard sentence
designed to preserve availability of judicial review.
This order denies the request of AFC, a Romanian-owned
carrier, to operate as a freight forwarder in the United
States. Romania currently denies this right to American
carriers in Romania. My review of the materials confirms
OMB's description of this as "a routine, noncontroversial
matter."
A memorandum for Darman is attached for your review and
signature.
Attachment
THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decision in
AFC International Co.
Our office has reviewed the above-referenced CAB decision
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 this order or to the substance
of the letter from the President to the CAB Chairman
prepared by OMB.
FFF:JGR:aea 12/20/83
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THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
Proposed Proclamation Entitled
"Imports of Petroleum and Petroleum
Products"
Richard Darman has asked for comments on the above-
referenced draft proclamation and accompanying fact sheet by
close of business December 21. The proclamation was
submitted by the Department of Energy and has been approved
by OMB and, as to form and legality, by the Office of Legal
Counsel. The proclamation will revoke Proclamation 3279,
which established a licensing system for imported oil
pursuant to the authority to adjust imports in the interests
of national security conferred by 19 U.S.C. § 1862 (b). That
subsection provides, in part:
If the Secretary finds that such article is being
imported into the United States in such quantities
or under such circumstances as to threaten to impair
the national security, he shall so advise the President
and the President shall take such action, and for such
time, as he deems necessary to adjust the imports of
such article and its derivatives so that such imports
will not threaten to impair the national security,
unless the President determines that the article is
not being imported into the United States in such
quantities or under such circumstances as to threaten
to impair the national security.
According to the Secretary of Energy, the unlicensed import
of oil no longer poses a threat to our national security.
The Secretary has recommended, however, that the ban on
importation of Libyan crude oil, added to Proclamation 3279
by Proclamation 4907, be continued on national security
grounds.
The proposed proclamation begins by reciting the recom-
mendations of the Secretary of Energy, consistent with the
requirements of 19 U.S.C. § 1862 (b), and notes the Presi-
dent's agreement with those recommendations. Section 1 of
the proclamation revokes Proclamation 3279; section 2
authorizes continued monitoring of oil imports by the
Secretary of Energy; and section 3 continues the Libyan oil
import ban. Sections 4, 5, and 6 affirm the continued
validity of actions taken pursuant to Proclamation 3279 when
it was in effect.
The proposed fact sheet accurately explains the action to be
taken through the proposed proclamation. I have reviewed
the draft proclamation and fact sheet, and the accompanying
materials, and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Proclamation Entitled
"Imports of Petroleum and Petroleum
Products"
Counsel's Office has reviewed the above-referenced draft
proclamation and accompanying fact sheet, and finds no
objection to either item from a legal perspective.
FFF: JGR:aea 12/20/83
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THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 22R
SUBJECT:
Photo Inquiry
The Photo Office has received a request from Nike, the
sports shoe and apparel manufacturer, for photographs
showing the President working out in their products. The
Press Office has approved the release of two photographs
showing the President wearing Nike sweatpants, with the Nike
name and logo prominently featured. Nike has advised the
Photo Office over the telephone that they will use the
photographs only in their in-house magazine, not in any
advertising or promotional copy. In light of deadline
pressures a prompt reply would be appreciated by Nike.
I recommend denying the request for the photographs. The
President's use of brand-name athletic wear clearly
identifiable as such constitutes an implicit endorsement,
and we should not circulate photographs conveying such an
endorsement unless it is unavoidable. I have no reason to
doubt Nike's representation that they will only use the
photographs in their in-house publication, but that hardly
obviates the problem. Even such in-house use will give
added publicity to the President's implicit endorsement, and
there is no way to prevent Nike's hundreds of franchisees
across the country from clipping out the item and pasting it
in their store windows.
I have prepared a memorandum for your signature to Carol
Greenawalt, advising her to decline the Nike request. All
contact with Nike has been through telephone conversations
between Greenawalt and Nike officials.
Attachment
THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR CAROL GREENAWALT
PHOTO OFFICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Nike Photo Request
You have referred to this office a request you received from
Nike for photographs showing the President exercising in
Nike athletic wear. Nike officials have assured you that
the photographs would not be used in advertising or
promotional copy, but only in Nike's in-house publication.
We must advise you to decline to provide such photographs to
Nike for the stated purpose. As you are aware, the White
House adheres strictly to a policy of not permitting use of
the President's name, likeness, or photograph in any manner
that suggests or could be construed as an endorsement by the
President of a commercial product or enterprise. While we
have no reason to doubt the good faith of the Nike
officials, circulation of the photographs in question, even
in an in-house publication, would convey just such an
impression. In addition, there is no way for Nike or anyone
else to police the use of the photographs by others once
they are circulated.
Thank you for raising this matter with us.
FFF:JGR:aea 12/20/83
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THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Dr. Peter Ng's Case Before
U.S. Immigration
Morton Blackwell forwarded to us on December 2 a letter he
received from Bob Jones III on October 26. In his letter
Jones asked Blackwell to intervene in the immigration case
of Dr. Peter Ng. Ng entered the United States on a
nonimmigrant visa, subsequently changed to that of an alien
of distinguished merit and ability, and served as a
professor at Calvary Bible College. He is seeking to become
a special immigrant under section 101 (a) (27) (C) of the
Immigration and Nationality Act, 8 U.S.C. § 1101 (a) (27) (C),
which accords such status to:
[A] n immigrant who continuously for at least two
years immediately preceding the time of his ap-
plication for admission to the United States has
been, and who seeks to enter the United States
solely for the purpose of carrying on the vocation
of minister of a religious denomination, and whose
services are needed by such religious denomination
having a bona fide organization in the United
States
On September 19, 1983, the Atlanta INS office denied Ng's
application on the ground that his employment as a professor
contravened the statutory requirement that he have served as
a "minister of a religious denomination" for the immediately
preceding two years.
In his letter to Blackwell, Jones asserts that Ng has
clearly been a minister for many years. Ng is now repre-
sented by counsel, and Jones enclosed a copy of a letter
from that counsel to the INS, with numerous attachments, in
support of his contentions.
I do not think it would be appropriate for the White House
to become involved in any way with Ng's pending application
(for reconsideration) before the INS. This is not a case,
like others we have referred to INS, in which the subject is
requesting information, or presents arguments that are not
before INS. Ng is now represented by counsel, and the
arguments raised before us have been or are being raised
before INS. There does seem to be considerable room for
argument over the INS application of 8 U.S.C.
§ 1101 (a) (27) (C) in this case, since it is not clear why
service as a professor at Calvary Bible College should
automatically be considered inconsistent with carrying out
the vocation of a minister. Nonetheless, there is no reason
for the White House to intervene on Ng's behalf.
I have prepared a response to Jones for your signature, and
a memorandum for Blackwell advising him of our disposition.
Attachment
THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR MORTON C. BLACKWELL
SPECIAL ASSISTANT TO THE PRESIDENT
FOR PUBLIC LIAISON
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Dr. Peter Ng's Case Before
U.S. Immigration
You forwarded to this office a letter you received from Bob
Jones III, requesting the White House to intervene on behalf
of a private party with an application pending before the
INS. A copy of our reply to Jones is attached for your
information.
Attachment
FFF:JGR:aea 12/20/83
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THE WHITE HOUSE
WASHINGTON
December 20, 1983
Dear Mr. Jones:
Your letter of October 26, 1983 to Morton Blackwell has been
referred to this office for consideration and response. In
that letter and accompanying materials you outlined the
circumstances surrounding Dr. Peter Ng's pending application
before. the Immigration and Naturalization Service (INS), and
requested that the White House intervene to help Dr. Ng.
I must advise you that established White House policy does
not permit such intervention on behalf of private parties
with respect to matters those parties have pending before
agencies with adjudicative functions, such as INS. The
purpose of this policy is to maintain public confidence in
the impartial administration of our laws. Accordingly, we
cannot intervene with the INS on Dr. Ng's behalf.
I hope you will understand the reasons for our policy. I am
sorry that we cannot be more responsive to your request.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Bob Jones III
President
Bob Jones University
Greenville, SC 29614
FFF:JGR:aea 12/20/83
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THE WHITE HOUSE
WASHINGTON
December 20, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
asd
SUBJECT:
D.C. Chadha Letters
The Department of Justice Office of Legislative Affairs
has asked for our views on draft replies to the letters
from Mayor Barry and D.C. Council members David Clarke
and Wilhelmina Rolark on the Administration's position on
H.R. 3932, the D.C. Chadha bill. You will recall that Barry
wrote the President and Clarke and Rolark wrote you on
November 15 to protest what was at the time our proposed
position. You advised Barry on November 17 and Clark and
Rolark on November 21 that their letters had been referred
to Justice.
The proposed Justice responses, to be sent over Assistant
Attorney General McConnell's signature, do little more than
thank the correspondents for their views and formally
transmit copies of the Justice report on H.R. 3932 as
actually sent to Senator Roth. The response to Clarke and
Rolark disavows any criticism of the D.C. Council. Both
letters express disappointment that the views of the
Department were not sought until very late in the game, note
that the legislative veto was a compromise vehicle for which
an alternative must be found, and express the hope that the
issue may be resolved during the intersession recess.
We referred the incoming letters to Justice to keep some
distance between the White House and this problem. For the
same reason I do not think we should become too involved in
redrafting Justice's proposed responses, which are largely
unobjectionable in any event. With your approval, however,
I will call the attorney at Justice handling this matter and
suggest use of a more neutral sobriquet than "the Home Rule
Act" in the Clarke and Rolark reply, and some stylistic
changes to prevent the last sentence in the Clarke and
Rolark letter, which also appears in the Barry letter, from
reading as if it were an awkward translation from Bulgarian.
THE WHITE HOUSE
WASHINGTON
December 21, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Request by Convict for Justice
Department Investigation
Frank Farkas of Oxon Hill Maryland has written you to
request that the President direct the Department of Justice
to investigate evidence he has uncovered supposedly calling
into question his convictions for tax evasion and receipt of
stolen government property. Farkas alleges that fraudulent-
ly prepared documents were used to obtain his 1976 tax
evasion conviction, that the FBI had informants on his 1981
stolen property jury, and that an agent perjured himself
before that jury. Farkas recently lost his appeal from the
latter conviction and is awaiting commencement of his
five-year sentence.
This matter should be referred to Justice for appropriate
handling, with a brief note to Farkas advising him that we
have done so.
Attachment
THE WHITE HOUSE
WASHINGTON
December 21, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request by Convict for Justice
Department Investigation
Frank Farkas of Oxon Hill, Maryland has written me to
request that the President direct the Department of Justice
to investigate evidence he has uncovered supposedly calling
into question his convictions for tax evasion and receipt of
stolen government property. I am forwarding this correspon-
dence to you, together with a copy of my reply, for whatever
action you consider appropriate.
Attachment
FFF: JGR:aea 12/21/83
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THE WHITE HOUSE
WASHINGTON
December 21, 1983
Dear Mr. Farkas:
Thank you for your letter of December 12. In that letter
you requested that the President direct the Department of
Justice to investigate certain matters in connection with
your convictions for tax evasion and receipt of stolen
government property.
Please be advised that I have forwarded your correspondence
to the Department of Justice for whatever action that
department considers appropriate under the circumstances.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Frank Farkas
7801 Allentown Road
Oxon Hill, Maryland 20744
FFF:JGR:aea 12/21/83
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THE WHITE HOUSE
WASHINGTON
December 21, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Executive Order Entitled
"Delegation to the Secretary
of State Regarding Loans
Made to Poland"
Richard Darman has asked for comments by noon December 22 on
the above-referenced proposed executive order. The order
would delegate to the Secretary of State the President's
obligation to submit monthly reports to Congress explaining
why it is in the national interest for the United States to
make payments under loan guarantees and extend credit to
Poland without declaring Poland in default on its debt.
This obligation was first imposed in 1982 and was continued
for fiscal year 1984 by the Continuing Resolution, Public
Law 98-151. The proposed executive order cites the
delegation statute, 3 U.S.C. § 301, and extends the
delegation to any similar obligation imposed on the
President by future legislation. The executive order
specifies that the Secretary of State shall consult with the
Secretary of the Treasury and such other agencies as may be
appropriate.
The proposed order was submitted by State and has been
approved by OMB and, as to form and legality, by the Office
of Legal Counsel. I have reviewed the draft order and the
related materials and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
December 21, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Executive Order Entitled
"Delegation to the Secretary of
State Regarding Loans Made to
Poland
Counsel's Office has reviewed the above-referenced proposed
executive order, and finds no objection to it from a legal
perspective.
FFF: JGR:aea 12/21/83
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THE WHITE HOUSE
WASHINGTON
December 22, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
Draft Material for Interview
With Wire Services
Richard Darman has asked that comments on the attached
briefing material be sent directly to Michael Baroody by
2:00 p.m. today. The material, for the President's year-end
interview with the wire services, focuses on the progress of
the economic recovery and the improvement of America's
position in foreign affairs. I see no legal objections.
The material ends with a list of items on which the
President hopes to see Congress act. Two high-priority
legal reform items are not listed and, in my view, should
be. I would add "tougher criminal laws" (an understandable
shorthand for our pending proposals concerning the death
penalty, exclusionary rule reform, abolition of parole,
limitation of the insanity defense, stronger forfeiture and
sentencing laws, etc.) and "immigration reform" to the list
of legislative priorities.
Attachment
THE WHITE HOUSE
WASHINGTON
December 22, 1983
MEMORANDUM FOR MICHAEL E. BAROODY
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Material for Interview
With Wire Services
Counsel's Office has reviewed the above-referenced draft
briefing material, and finds no objection to it from a legal
perspective. I would, however, consider adding "tougher
criminal laws" (an understandable shorthand for our pending
proposals concerning the death penalty, exclusionary rule
reform, abolition of parole, limitation of the insanity
defense, stronger forfeiture and sentencing laws, etc.) and
"immigration reform" to the list of legislative priorities
appearing at the end of the briefing materials.
CC: Richard G. Darman
FFF:JGR:aea 12/22/83
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THE WHITE HOUSE
WASHINGTON
December 22, 1983
Dear Mr. Farkas:
Thank you for your letter of December 12. In that letter
you requested that the President direct the Department of
Justice to investigate certain matters in connection with
your convictions for tax evasion and receipt of stolen
government property.
Please be advised that I have forwarded your correspondence
to the Department of Justice for whatever action, if any,
that Department considers appropriate under the
circumstances.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Frank Farkas
7801 Allentown Road
Oxon Hill, Maryland 20744
FFF:JGR:aea 12/22/83
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THE WHITE HOUSE
WASHINGTON
December 22, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSQR
SUBJECT:
Proposed DOJ Report on S.J. Res. 162,
a Bill to Limit the Number of Terms
Members of Congress May Serve
OMB has asked for our views on the above-referenced proposed
report. S.J. Res. 162 would amend the Constitution to limit
Senators to two terms and Representatives to six, with
prospective application only. Justice's brief proposed
report makes no recommendation on the policy questions,
noting only that the provision limiting the amendment to
prospective application is confusing and needs to be
clarified. This "hands off" approach is doubtless wise, and
I have no objection to the proposed report.
Attachment
THE WHITE HOUSE
WASHINGTON
December 22, 1983
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ANALYST
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed DOJ Report on S.J. Res. 162,
a Bill to Limit the Number of Terms
Members of Congress May Serve
Counsel's Office has reviewed the above-referenced
proposed report, and finds no objection to it from a
legal perspective.
FFF:JGR:aea 12/22/83
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THE WHITE HOUSE
WASHINGTON
December 22, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
U.S.S. Potomac
Cornell C. Maier has written to ask that you familiarize
Admiral Shear, Administrator of the Maritime Administration
within the Department of Transportation, and Secretary Dole
with the substance of the November 3 meeting between the
President and those involved in the effort to restore the
U.S.S. Potomac. Maier indicated that his group was
discussing ways in which the Maritime Administration might
become involved in the project. I raised this matter at a
staff meeting, and you advised me that nothing took place at
the November 3 meeting beyond the organizers informing the
President of their plans and activities. As you know, our
role in connection with this private project has been
limited to keeping the President from becoming involved in
fundraising for it.
The attached draft letter to Shear, accordingly, transmits
some material on the U.S.S. Potomac project but explicitly
states that the White House is not involved and that he will
have to decide for himself whether the Maritime Adminis-
tration can and should be. I have not prepared a letter to
Secretary Dole, since Shear can advise his superior if he
considers it necessary or appropriate. Also attached is a
reply to Maier, which I hope is tactful yet conveys the
message that any decision on involvement by federal agencies
will be made by those agencies without pressure from the
White House.
Attachment
THE WHITE HOUSE
WASHINGTON
December 22, 1983
Dear Mr. Maier:
Thank you for your letter suggesting the possibility that
the Maritime Administration become involved in the effort to
restore the U.S.S. Potomac. I do not know if this is
something the Maritime Administration can do, but I have
advised Admiral Shear of your interest and forwarded to him
one of the brochures issued by The Association for the
Preservation of the Presidential Yacht U.S.S. Potomac. I am
confident that the Admiral will be interested to learn of
your efforts and plans, and that he will carefully consider
whether the Maritime Administration is in a position to
offer any assistance.
I enjoyed our meeting to discuss the Potomac restoration
efforts, and once again wish you every success.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Cornell C. Maier
Chairman of the Board & CEO
Kaiser Aluminum
300 Lakeside Drive
Oakland, CA 94643
FFF:JGR:aea 12/22/83
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THE WHITE HOUSE
WASHINGTON
December 22, 1983
Dear Admiral Shear:
Cornell C. Maier has written me requesting that I
familiarize you with the substance of a meeting that
took place on November 3 between the President and several
individuals, including Mr. Maier, who are active in the
private effort to restore President Franklin D. Roosevelt's
yacht, the U.S.S. Potomac. In his letter Mr. Maier
indicated that his group was considering ways in which the
Maritime Administration might participate in the project.
The purpose of the meeting with the President was simply
to provide those behind the U.S.S. Potomac project an
opportunity to inform him of their plans and activities.
We advised the organizers prior to the meeting that the
President could not, consistent with established White House
policy, participate in their fundraising efforts. Aside
from this informational meeting, the President has had no
involvement in the project.
Any participation by the Maritime Administration in the
project is at your discretion. I have enclosed for your
information a brochure issued by The Association for the
Preservation of the Presidential Yacht U.S.S. Potomac, which
contains a complete description of the efforts undertaken to
restore the Potomac and the plans for the future. I have
also attached a copy of my reply to Mr. Maier.
Sincerely,
Fred F. Fielding
Counsel to the President
Admiral H.E. Shear, USN (Ret.)
Maritime Administrator
Maritime Administration
400 Seventh Street, S.W.
Washington, D.C. 20590
Enclosures
FFF:JGR:aea 12/22/83
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THE WHITE HOUSE
WASHINGTON
December 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Jonathan Bush Inquiry Concerning
Presidential Seal
As we discussed, I have advised Jonathan Bush that our
office cannot approve the use of the Seal of the President
on invitations to the March 6, 1984 fundraising dinner in
New York. The President will address the dinner, which will
benefit the Republican National Committee and the New York
Republican Committee, but the invitations are being extended
not by the President or the White House but by a group of
New York Republican leaders. Bush stated that the Vice
Presidential Seal had been used on invitations to fund-
raisers attended by the Vice President. I told him that we
were not aware of the circumstances of those incidents, and
simply reiterated our policy.
Bush then asked if the Great Seal could be used. I alerted
him to the criminal prohibition in 18 U.S.C. § 713 against
use of either the Great or Presidential Seal in a manner
suggesting Government sponsorship, and noted that since the
President and other government officials were involved in
the dinner use of the Great Seal could convey the erroneous
impression that the dinner was in some sense an official
function. I also advised Bush that numerous complaints had
been received by us and the Justice Department concerning
use of the Great Seal in fundraising by the DNC and
Congressional Black Caucus. Use of the Seal by the latter
group resulted in a cautionary letter from the Justice
Department.
Bush seems resigned to sending the invitations out without
any seal. I have advised Boyden Gray of Bush's inquiry, and
our response.
THE WHITE HOUSE
WASHINGTON
December 23, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ase
SUBJECT:
Civil Aeronautics Board Decisions in
Aeroperu; Aeronaves del Peru; Compania
de Aviacion "Faucett"
Richard Darman's office has asked for comments by
January 5 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 January 22, 1984).
The orders here have been reviewed by the appropriate
departments and agencies, following the procedures
established 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 Transportation 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 omits the
standard sentence designed to preserve availability of
judicial review.
These orders deny all pending applications by Peruvian
carriers, in response to Peru's recent renunciation of the
U. S.-Peru Air Transport Services Agreement. The Board hopes
to use these orders as a bargaining chip in negotiations
with Peru scheduled for January 1984.
A memorandum for Darman is attached for your review and
signature.
Attachment
THE WHITE HOUSE
WASHINGTON
December 23, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions in
Aeroperu; Aeronaves del Peru; Compania
de Aviacion "Faucett"
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.
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THE WHITE HOUSE
WASHINGTON
December 23, 1983
MEMNORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSO
SUBJECT:
Telephone Recording Inquiry
Federal law does not prohibit an individual from recording
incoming and outgoing telephone conversations to which he
is a party, without advising the other party, so long as the
conversation is not recorded for the purpose of committing a
criminal or tortious act or "any other injurious act."
Interception of wire communications is generally prohibited
by 18 U.S.C. $ 2511, but 18 U.S.C. § 2511 (2) (d) provides
that:
It shall not be unlawful under this chapter for a
person not acting under color of law to intercept
a wire or oral communication where such person is
a party to the communication or where one of the
parties to the communication has given prior consent
to such interception unless such communication is
intercepted for the purpose of committing any
criminal or tortious act in violation of the
Constitution or laws of the United States or of any
State or for the purpose of committing any other
injurious act.
The Federal Communications Commission requires that anyone
recording a telephone conversation give warning of this fact
by means of an automatic tone warning device (an intermit-
tent beep), "Use of Recording Devices in Connection With
Telephone Service," Docket 6787; 11 F.C.C. 1033 (1947)
12 F.C.C. 1005 (November 26, 1947) ; 12 F.C.C. 1008 (May 20,
1948). There is, however, no penalty for violation of this
rule beyond the possible loss of telephone service. Indeed,
the FCC recently issued a Notice of Proposed Rulemaking to
rescind the rule, on the grounds that it is unenforceable
and that the issue has been addressed by 18 U.S.C. § 2511
(enacted after the FCC rule). 48 F.R. 51650 (Nov. 10,
1983).
Several states, such as California and Florida, have gone
beyond 18 U.S.C. § 2511 and prohibited recording of tele-
phone communications unless both parties have consented.
The District of Columbia statute, however, is identical to
federal law on this question, permitting recording by or
with the consent of only one of the parties. D.C. Code
23-543 (b) (3).
THE WHITE HOUSE
WASHINGTON
December 27, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 23R
SUBJECT:
Civil Aeronautics Board Decision in
Trans-Mediterranean Airways
Richard Darman's office has asked for comments by
December 27 on the above-referenced CAB decision, which
was 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 this case, by January 9, 1984).
The order here has been reviewed by the appropriate depart-
ments and agencies, following the procedures established 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 Transportation
have not identified any foreign relations or national
defense reasons for disapproval. Since this order involves
a foreign carrier, the proposed letter from the President to
the CAB Chairman prepared by OMB omits the standard sentence
designed to preserve availability of judicial review.
This order authorizes service by the named carrier between
Lebanon and New York, with seven intermediate points in
Europe. OMB describes the order as a "routine, noncon-
troversial matter."
A memorandum for Darman is attached for your review and
signature.
Attachment
THE WHITE HOUSE
WASHINGTON
December 27, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decision in
Trans-Mediterranean Airways
Our office has reviewed the above-referenced CAB decision
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 this order or to the substance
of the letter from the President to the CAB Chairman
prepared by OMB.
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THE WHITE HOUSE
WASHINGTON
December 27, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DDR
SUBJECT:
Proposed DOJ Report on S.J. Res. 200,
a Joint Resolution to Establish a
Twelve Year Limitation on Total Term
of Office for Members of Congress
OMB has asked for comments by January 5 on the above-
referenced proposed report. S.J. Res. 200 would amend the
Constitution to impose a limit of twelve years on any
individual's service in Congress. It is similar to S.J.
Res. 162, which would impose a two-term limit on Senators
and a six-term limit on Representatives. Justice's proposed
report on S.J. Res. 200 declines to express a view on the
policy question, but does note that the issue of prospective
application of the amendment needs clarification. This
report is similar to the proposed report on S.J. Res. 162,
which we cleared last week. I have no objection.
Attachment
THE WHITE HOUSE
WASHINGTON
December 27, 1983
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ANAYLST
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed DOJ Report on S.J. Res. 200,
a Joint Resolution to Establish a
Twelve Year Limitation on Total Term
of Office for Members of Congress
Counsel's Office has reviewed the above-referenced proposed
report, and finds no objection to it from a legal
perspective.
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THE WHITE HOUSE
WASHINGTON
December 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DSR
SUBJECT:
Frank Ferro Letter to James Baker Offering
His Consulting Services During the Upcoming
Election in Return for Future Administration
Support
Frank A. Ferro, a self-annointed expert on world affairs who
has frequently volunteered his views to James A. Baker III,
has now written Mr. Baker to offer help (apparently of a
consulting nature) in the election in exchange for support
for his new company. Ferro suggests that "Administration
support might come in the form of long-term consulting
agreements with several government agencies."
Mr. Baker cannot accept Ferro's proposal without violating
18 U.S.C. § 600, which provides:
Whoever, directly or indirectly, promises any
employment, position, compensation, contract,
appointment, or other benefit, provided for or
made possible in whole or in part by any Act of
Congress, or any special consideration in
obtaining any such benfit, to any person as
consideration, favor, or reward for any political
activity or for the support of or opposition to any
candidate or any political party in connection with
any general or special election to any political
office, or in connection with any primary election
or political convention or caucus held to select
candidates for any political office, shall be fined
not more than $10,000 or imprisoned not more than
one year, or both.
I recommend advising Ferro that it would be not only
inappropriate but illegal for us to consider his proposal.
I do not recommend any sort of referral to the Campaign
Committee, since this could readily be misinterpreted as
encouraging Ferro in his plans. A draft is attached for
your review.
Attachment
THE WHITE HOUSE
WASHINGTON
December 28, 1983
MEMORANDUM FOR JAMES A. BAKER, III
CHIEF OF STAFF AND
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Frank Ferro Letter to James Baker Offering
His Consulting Services During the Upcoming
Election in Return for Future Administration
Support
You referred to this office a letter you received from Frank
Ferro of New York. Mr. Ferro offered his services in the
upcoming election in exchange for Administration support for
his new company in the form of government contracts. A copy
of my reply is attached, declining Mr. Ferro's proposed
"deal" on the ground that it would be not only inappropriate
but illegal under 18 U.S.C. § 600.
Attachment
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THE WHITE HOUSE
WASHINGTON
December 28, 1983
Dear Mr. Ferro:
Your letter of December 1, 1983 to Mr. James A. Baker III
has been referred to this office for consideration. In that
letter you offered assistance in the upcoming election in
exchange for support for your new company. You indicated
that such support might take the form of consulting
agreements with government agencies.
I must advise you that it is illegal for any person to
promise benefits of the sort you suggested in exchange for
political activity or support of a candidate in an election.
Such an exchange would violate 18 U.S.C. § 600, which
provides:
Whoever, directly or indirectly, promises any
employment, position, compensation, contract,
appointment, or other benefit, provided for or
made possible in whole or in part by any Act of
Congress, or any special consideration in
obtaining any such benfit, to any person as
consideration, favor, or reward for any political
activity or for the support of or opposition to any
candidate or any political party in connection with
any general or special election to any political
office, or in connection with any primary election
or political convention or caucus held to select
candidates for any political office, shall be fined
not more than $10,000 or imprisoned not more than
one year, or both.
Quite apart from questions of legality, no member of this
Administration would promise government benefits in exchange
for political support. Government programs and contracts
are administered according to applicable standards and
criteria, without regard to the political activities or
applications of those dealing with the government.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Frank A. Ferro
1185 Park Avenue
New York, NY 10028
THE WHITE HOUSE
WASHINGTON
December 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS D2R
SUBJECT:
Executive Order Entitled "President's
Commission on Industrial Competitiveness"
Richard Darman has asked for comments by 10:00 a.m.
December 29 on the above-referenced proposed Executive
Order. The Executive Order would increase the membership
ceiling of the President's Commission on Industrial
Competitiveness from 30 to 35 members, and extend the
termination date of the Commission from September 30, 1984
to December 31, 1984. The membership limit was previously
extended from the original 25 members to 30 members on
September 8, 1983, by Executive Order 12440.
The proposed Executive Order has been approved by OMB and,
as to form and legality, by the Office of Legal Counsel.
I have reviewed the Executive Order and accompanying
materials, and have no objection.
Attachment
THE WHITE HOUSE
WASHINGTON
December 28, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Executive Order Entitled "President's
Commission on Industrial Competitiveness"
Counsel's Office has reviewed the above-referenced proposed
Executive Order, and finds no objection to it from a legal
perspective.
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THE WHITE HOUSE
WASHINGTON
December 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
82R
SUBJECT:
Hal J. Bonney, Jr. Letter to the President
Enclosing Copy of the National Conference of
Bankruptcy Judges First Newsletter for the
Conference Year
Hal J. Bonney, Jr., newly-elected President of the National
Conference of Bankruptcy Judges, has sent the President a
copy of the Conference's most recent newsletter. The news-
letter features the text of an address by and a photograph
of Judge Bonney, as well as remarks by Congressmen Rodino
and Fish on the bankruptcy imbroglio. The judge's address
advocates passage of legislation according Article III
status to bankruptcy judges. His cover letter also
expresses this view.
I recommend simply a brief acknowledgment to Bonney, thank-
ing him for the newsletter and pointing out that we are
working with Congress to resolve the bankruptcy crisis. I
do not consider it desirable to engage Bonney in a debate
on the merits in response to his sending the newsletter.
Attachment
CC: Sherrie M. Cooksey
THE WHITE HOUSE
WASHINGTON
December 28, 1983
Dear Judge Bonney:
Thank you for your letter of November 30 to the President.
You enclosed with that letter a copy of the latest edition
of Conference News, the newsletter of the National
Conference of Bankruptcy Judges.
We appreciate receiving the newsletter, and will review its
contents with interest. As you know, the Administration has
been working closely with Congress to assist its efforts to
devise a constitutional and practical system of bankruptcy
adjudication. We are doing everything possible to urge
Congress to act promptly to resolve the serious crisis that
has arisen in this area.
Please accept our congratulations on your election to the
Presidency of the National Conference of Bankruptcy Judges.
With best wishes,
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Hal J. Bonney, Jr.
President, National Conference
of Bankruptcy Judges
408 United States Courthouse
Norfolk, Virginia 23510
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THE WHITE HOUSE
WASHINGTON
December 29, 1983
MEMORANDUM FOR DIANE POWERS
PHOTO OFFICE
FROM:
JOHN G. ROBERTSX
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Seal
Please send a color print of the Seal of the President to:
Mr. Tom Riedlinger
Managing Editor
Better Roads Magazine
Post Office Box 558
Park Ridge, IL 60068
Mr. Riedlinger's contemplated use of the Seal, to accompany
the reprinting of a message from the President, has been
reviewed and approved by this office.
Many thanks.
THE WHITE HOUSE
WASHINGTON
December 29, 1983
MEMORANDUM FOR DANIEL W. MCGOVERN
DEPUTY LEGAL ADVISER
U.S. DEPARTMENT OF STATE
FROM:
JOHN G. ROBERTSJAR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Raoul Wallenberg
Attached, as we discussed, is a copy of Professor Morris
Wolff's letter to the President concerning Raoul Wallenberg.
I would appreciate not only your views on the pertinence of
22 U.S.C. § 1732 but also information concerning steps our
government has taken with respect to Wallenberg in response
to Section 2 of Public Law No. 97-54, 95 Stat. 971.
Many thanks.
THE WHITE HOUSE
WASHINGTON
December 30, 1983
Dear Mr. Ferro:
Your letter of December 1, 1983 to Mr. James A. Baker III
has been referred to this office for consideration. In that
letter you offered assistance in the upcoming election in
exchange for support for your new company. You indicated
that such support might take the form of consulting
agreements with government agencies.
I must advise you that it would be illegal for any person to
promise benefits of the sort you suggested in exchange for
political activity or support of a candidate in an election.
Such an exchange would violate 18 U.S.C. § 600, which
provides:
Whoever, directly or indirectly, promises any
employment, position, compensation, contract,
appointment, or other benefit, provided for or
made possible in whole or in part by any Act of
Congress, or any special consideration in
obtaining any such benfit, to any person as
consideration, favor, or reward for any political
activity or for the support of or opposition to any
candidate or any political party in connection with
any general or special election to any political
office, or in connection with any primary election
or political convention or caucus held to select
candidates for any political office, shall be fined
not more than $10,000 or imprisoned not more than
one year, or both.
Quite apart from questions of legality, no member of this
Administration would promise government benefits in exchange
for political support. Government programs and contracts
are administered according to applicable standards and
criteria, without regard to the political activities or
applications of those dealing with the government.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Frank A. Ferro
1185 Park Avenue
New York, NY 10028
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THE WHITE HOUSE
WASHINGTON
December 30, 1983
Dear Judge Bonney:
Thank you for your letter of November 30 to the President.
You enclosed with that letter a copy of the latest edition
of Conference News, the newsletter of the National
Conference of Bankruptcy Judges.
We appreciate receiving the newsletter, and will review its
contents with interest. As you know, the Administration has
been working closely with Congress to assist its efforts to
devise a constitutional and practical system of bankruptcy
adjudication. We are doing everything possible to urge
Congress to act promptly and responsibly to resolve the
serious crisis that has arisen in this area.
Please accept our congratulations on your election to the
Presidency of the National Conference of Bankruptcy Judges.
With best wishes,
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Hal J. Bonney, Jr.
President, National Conference
of Bankruptcy Judges
408 United States Courthouse
Norfolk, Virginia 23510
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