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Originally Processed With FOIA(s): FOIA Number: S; 2019-0343-S S FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Speechwriting, White House Office of Series: Speech File Backup Files Subseries: Chron File, 1989-1993 OA/ID Number: 13782 Folder ID Number: 13782-013 Folder Title: Swearing-In of William Barr 11/26/91 [OA 8319] Stack: Row: Section: Shelf: Position: G 26 21 7 7 THE WHITE HOUSE WASHINGTON November 25, 1991 C1 NOV 25 P6: 33 MEMORANDUM FOR THE PRESIDENT THROUGH: DAVID DEMAREST TONY SNOW B shayes FROM: JOSEPH P. DUGGAN SUBJECT: SWEARING-IN FOR ATTORNEY GENERAL WILLIAM BARR I. SUMMARY On Tuesday, November 26, at 3:30 p.m., you will speak in the Great Hall of the Justice Department prior to William Barr's swearing-in. About 200 friends and colleagues of Mr. Barr will attend. II. DISCUSSION The remarks (8 minutes, on cards) spell out Barr's priorities: fighting drugs, violent crime, white collar crime, and promoting civil rights. On page 3, the strong rebuttal to Congress's attempt to gut the crime bill refers to yesterday's taunt by Senator Biden to "do it in a 30-second sound bite." (See attached article) This language may have to be updated to reflect new developments in Congress. (Duggan/Simon) November 25, 1991 Draft Two Barr PRESIDENTIAL REMARKS: BARR SWEARING-IN JUSTICE DEPARTMENT TUESDAY, NOVEMBER 26, 1991 3:30 p.m. Mr. Attorney General, members of the Cabinet, members of Congress, Bishop [Thomas] Daily [Catholic Bishop of Brooklyn], ladies and gentlemen: Let me offer congratulations to Bill Barr and a warm welcome and best wishes to his wife Christine; his daughters Mary, Patricia, and Margaret; his parents and the many other family and friends here for this happy occasion. ((This is my kind of Barr Association. )) 11 Today America gives new responsibilities to a young man of outstanding character and achievement. ((As always, Shakespeare's words help us sum up the man: "Young in limbs, in judgment old.' The newspapers report Bill Barr was giving Eisenhower for President speeches when he was in kindergarten. And his parents inform me that young Bill was discoursing about separation of powers before he gave up his pacifier. )) I am proud to welcome Bill Barr to the Cabinet. He'll make Americans proud of his work as Attorney General of the United okip States. He offers a model of thoughtfulness and hard work 7th for all young Americans. ( When I first met him, Bill Barr held a demanding job by day translating Chinese radio broadcasts for the CIA. At night he was going to law school. As a lawyer in private practice and in government service, he has shown unstinting commitment to excellence and fairness. 2 As the head of the Justice Department's Office of Legal Counsel, and as a key participant in our National Security Council deliberations, Bill Barr has never hesitated to speak his mind and offer honest, solid legal advice. As Deputy Attorney General and Acting Attorney General, he has fostered a strong sense of teamwork that draws the best out of our professionals at the Justice Department. Bill's leadership has brought about recent successes in prosecuting savings and loan fraud, in resolving the Talladega hostage crisis, and in indicting the terrorists who plotted the Pan Am bombing. Under our new Attorney General, the Justice Department has four major priorities: First, keep on with the fight against drugs. We're winning some battles, but we haven't won this war - - not yet. We'll keep putting our best efforts into the fight for the lives and well being of our young people. 11 Second, we're continuing, and we'll intensify, our efforts against violent crime. In the federal government, we're determined to help state and local authorities combat violent criminals. Bill Barr's leadership in particular will help us with a new crackdown against career criminals who use firearms, and he'll redouble our efforts to help victims and witnesses. Third, our Administration will work vigorously to enforce civil rights laws. We will support our fellow Americans' efforts to promote fairness and harmony, and we will join forces to fight the cancer of discrimination. 3 Finally, Bill Barr and his team will roll up their sleeves to heighten the attack against white-collar crime. We're determined to strengthen the people's protection against fraud in financial institutions, insurance, and government procurement. We'll turn the full force of the law against con artists who steal people's savings. And we'll do the same to anyone from abroad who tries to rob our inventors and investors of what is rightfully theirs. We won't rest until Congress gives us the tools we need to fight crime. I asked for an end to frivolous habeas corpus appeals that waste time prosecutors should be spending on new cases. Congress ignored this urgent need. I asked for legislation assuring that needless technicalities will not cause evidence to be thrown out when police officers act in good faith. Congress ignored me on this, too. I asked Congress to make it easier to prosecute rapists and child molesters. Again, Congress failed to act. I asked for meaningful federal death penalty authority -- and once again, Congress failed to deliver. The conference committee's bill is so weak, so soft on criminals, that I'll have to veto it if it reaches my desk. I've been challenged to explain in 30 seconds why I'm opposed to the weak substitute bill some in Congress want me to sign. Start your stopwatch: America needs a new crime bill Deleter that stands with the courts, with the cops, and with the victims of crime -- and against the criminals. profun reatzider not to to 4 Beyond the critical issues of crime and drugs and civil rights enforcement -- we need civil justice reform. Bill Barr will help us straighten out a civil litigation system that has spun out of control. We've become the most litigious society in the world. That causes a painful, costly drain on our economy, on our professions, and ultimately on the civility we need to hold society together. Bill has been, and will remain, a stalwart in our efforts for civil justice reform. /// I'm confident that Bill Barr possesses in abundance every quality that makes a great Attorney General: he's tough, fair- minded -- a man of integrity and intense dedication. ((It's true go all out that I've ordered Bill to be ruthless in fighting crime. But I've left the details to him. It's altogether his idea to try to drive drug dealers out of our neighborhoods by playing his bagpipe. 11 We'll have to check and see whether that violates the Eighth Amendment -- cruel and unusual punishment. )) For fifteen years, I've been honored to know Bill Barr. I've been deeply impressed by his fairness and integrity, by his love of country and of his profession. And now it is my honor to present Judge Laurence Silberman, who will administer the oath of office to the 77th Attorney General of the United States. # # # (Duggan/Simon) November 25, 1991 Draft Two Barr PRESIDENTIAL REMARKS: BARR SWEARING-IN JUSTICE DEPARTMENT TUESDAY, NOVEMBER 26, 1991 3:30 p.m. Mr. Attorney General, members of the Cabinet, members of Congress, Bishop [Thomas] Daily [Catholic Bishop of Brooklyn], ladies and gentlemen: Let me offer congratulations to Bill Barr and a warm welcome and best wishes to his wife Christine; his daughters Mary, Patricia, and Margaret; his parents and the many other family and friends here for this happy occasion. ((This is my kind of Barr Association. )) 11 Today America gives new responsibilities to a young man of outstanding character and achievement. ((As always, Shakespeare's words help us sum up the man: "Young in limbs, in judgment old." The newspapers report Bill Barr was giving Eisenhower for President speeches when he was in kindergarten. And his parents inform me that young Bill was discoursing about separation of powers before he gave up his pacifier. )) 11 I am proud to welcome Bill Barr to the Cabinet. He'll make Americans proud of his work as Attorney General of the United States. 11 He offers a model of thoughtfulness and hard work for all young Americans. When I first met him, Bill Barr held a this is as a legislarive afters specialist inaccurate demanding job by day translating Chinese radio broadcasts for the CIA. At night he was going to law school. As a lawyer in private practice and in government service, he has shown unstinting commitment to excellence and fairness. 2 As the head of the Justice Department's Office of Legal Counsel, and as a key participant in our National Security Council deliberations, Bill Barr has never hesitated to speak his mind and offer honest, solid legal advice. As Deputy Attorney General and Acting Attorney General, he has fostered a strong sense of teamwork that draws the best out of our professionals at the Justice Department. Bill's leadership has brought about recent successes in prosecuting savings and loan fraud, in resolving the Talladega hostage crisis, and in indicting the terrorists who plotted the Pan Am bombing. Under our new Attorney General, the Justice Department has four major priorities: First, keep on with the fight against drugs. We're winning some battles, but we haven't won this war - - not yet. We'll keep putting our best efforts into the fight for the lives and well being of our young people. 11 Second, we're continuing, and we'll intensify, our efforts against violent crime. In the federal government, we're determined to help state and local authorities combat violent criminals. Bill Barr's leadership in particular will help us with a new crackdown against career criminals who use firearms, and he'll redouble our efforts to help victims and witnesses. Third, our Administration will work vigorously to enforce civil rights laws. We will support our fellow Americans' efforts to promote fairness and harmony, and we will join forces to fight the cancer of discrimination. 11 3 Finally, Bill Barr and his team will roll up their sleeves to heighten the attack against white-collar crime. We're determined to strengthen the people's protection against fraud in financial institutions, insurance, and government procurement. We'll turn the full force of the law against con artists who steal people's savings. And we'll do the same to anyone from abroad who tries to rob our inventors and investors of what is rightfully theirs. 11 We won't rest until Congress gives us the tools we need to fight crime. I asked for an end to frivolous habeas corpus appeals that waste time prosecutors should be spending on new cases. Congress ignored this urgent need. I asked for legislation assuring that needless technicalities will not cause evidence to be thrown out when police officers act in good faith. Congress ignored me on this, too. I asked Congress to make it easier to prosecute rapists and child molesters. Again, Congress failed to act. I asked for meaningful federal death penalty authority -- and once again, Congress failed to deliver. The conference committee's bill is so weak, so soft on criminals, that I'll have to veto it if it reaches my desk. 11 I've been challenged to explain in 30 seconds why I'm opposed to the weak substitute bill some in Congress want me to sign. Start your stopwatch: 11 America needs a new crime bill that stands with the courts, with the cops, and with the victims of crime -- and against the criminals. /// ( insur) This so called Crime bill acreally reverses 14 supreme Count cases where the Count ruled in favor of law enforcement How can a bill that works against law enforcement be called a crime bill. (Jushze) 4 Beyond the critical issues of crime and drugs and civil rights enforcement -- we need civil justice reform. Bill Barr will help us straighten out a civil litigation system that has spun out of control. We've become the most litigious society in the world. That causes a painful, costly drain on our economy, on our professions, and ultimately on the civility we need to hold society together. Bill has been, and will remain, a stalwart in our efforts for civil justice reform. /// I'm confident that Bill Barr possesses in abundance every quality that makes a great Attorney General: he's tough, fair- minded -- a man of integrity and intense dedication. ((It's true that I've ordered Bill to be ruthless in fighting crime. But I've left the details to him. It's altogether his idea to try to drive drug dealers out of our neighborhoods by playing his bagpipe. 11 We'll have to check and see whether that violates the Eighth Amendment -- cruel and unusual punishment. )) For fifteen years, I've been honored to know Bill Barr. I've been deeply impressed by his fairness and integrity, by his love of country and of his profession. And now it is my honor to present Judge Laurence Silberman, who will administer the oath of office to the 77th Attorney General of the United States. # # # SENT BY:The TICKET CENTER 11-26-91 ; 10:38 ; LEGISLATIVE AFFAIRS- 6218;# 5 ATTY GENERAL/DEPT. OF JUSTICE Nov 22,91 15:47 No. 017 P.02 November 21, 1991 The President The White House Washington, D.C. 20500 Dear Mr. President: As the chief legal or law enforcement officers of our states, we are writing to express our alarm at the habeas corpus provisions contained in H.R. 3371, as it was passed by the U.S. House of Representatives, and to urge you to veto any legislation containing those provisions. We need legislation that will support law enforcement, promote finality of judgment, and ensure fairness to crime victims and their survivors. In spite of that need, a bare majority of the House of Representatives has passed habeas corpus provisions that would have the opposite effect. Those provisions are so inimical to law enforcement, are so unfair, and would have such a devastating effect on the interests of victims and survivors of violent crimes, that we urge you to veto any so-called anti- crime bill containing any of the principal provisions relating to habeas corpus that are now found in H.R. 3371. One of those provisions would effectively repeal the non-retroactivity doctrine of Teague V. Lane, 489 U.S. 288 (1989), and related Supreme Court decisions, thereby drastically undermining finality of judgment and increasing relitigation and delay manyfold. The House bill accomplishes this result by defining more narrowly than Teague the class of "new rules" that do not apply to cases on habeas review, and thus it provides more grounds for litigation after the conviction is final. The Teague doctrine, however, acknowledges that federal habeas corpus is not intended "to provide a mechanism for the continuing reexamination of final judgments based upon later emerging legal doctrine."1 1. Sawyer V. Smith, 110 S.C. 2822, 2827 (1990). SENT BY:The TICKET CENTER 11-26-91 ; 10:39 ; LEGISLATIVE AFFAIRS- 6218;# 6 ATTY GENERAL/DEPT. OF JUSTICE Nov 22,91 15:47 No.017 P.03 The President November 21, 1991 Page 2 Without the Teague doctrine, and under the House provision, Robert Alton Harris, who brutally murdered two teenagers in 1978 near San Diego; California and who confessed seven times, would be able to perpetuate his case under federal habeas corpus." This House provision also overturns Butler v. McKellar.2/ These are only two examples, as any effort to undercut Teague would affect capital and non-capital judgments in nearly every state. Moreover, the Teague doctrine must be viewed in the context of Griffith V. Kentucky, 479 U.S. 314 (1987). Griffith holds that "new rules" are always applied retroactively at any stage during direct review, i.e., before the conviction becomes final. The Senate already rejected a measure which would have undermined the Teague doctrine. In the event the conferees fall to follow the Senate lead, we urge you to veto any bill containing any provisions, such as those in H.R. 3371, which reverse the Teague non-retroactivity doctrine in any way. Another provision of H.R. 3371 would impose draconian requirements concerning appointment, qualification, performance, and compensation of counsel in capital cases. Those provisions are so onerous, are so contrary to basic notions of federalism, and depart so significantly from what the Constitution requires, that they are obviously an attempt to indirectly impede, obstruct, or abolish capital punishment. For example, under H.R. 3371, if the state fails to satisfy each of the counsel requirements, three harsh penalties are imposed: (1) an indefinite stay of execution is granted; (2) the traditional presumption of correctness afforded to state court findings of fact is eliminated; and (3) the presentation and consideration of new claims in federal court in disregard of the well-established exhaustion and procedural default doctrines is permitted. H.R. 3371 therefore encourages "sandbagging" of state courts, disrespects comity and federalism interests, and promotes more litigation on whether the state has satisfied each of the technical counsel requirements. In contrast, the Senate-passed legislation rejected a compulsory approach on the states and allows states to opt-in to the reforms. In this manner, the Senate bill contains the recommendation of the Powell Committee which recognized that "it is 2. Harris V. Vasquez, No. 90-55402, F.2d (9th Cir. Aug. 21, 1991). 3. 110 S.Ct. 1212 (1990). SENT BY:The TICKET CENTER 11-26-91 ; 10:40 ; LEGISLATIVE AFFAIRS- 6218;# 7 ATTY GENERAL/DEPT. OF JUSTICE Nov 22,91 15:48 No. 017 P.04 The President November 21, 1991 Page 3 more consistent with the federal-state balance to give the States wide latitude to establish a mechanism" for the appointment of counsel.4/ In the unexpected event that any state, which opts in to the reforms, failed to promulgate an adequate appointment of counsel mechanism, the Powell Committee left that final determination with the federal judiciary.2/ We urge you to veto any so-called anti-crime bill which contains extra- constitutional requirements concerning counsel in any case or class of cases, such as those provisions found in H.R. 3371. Finally, in the name of placing reasonable limits on "successive petitions," H.R. 3371 instead promotes more, not less, litigation. H.R. 3371 is broader than the Senate- passed legislation, which is based upon the Powell Committee recommendation, because the House measure includes vague language permitting successive petitions concerning "the validity of the sentence under Federal law." There is nothing in the habeas corpus provisions of H.R. 3371 that is favorable to any interest other than convicts' interests. Any bill containing the provisions discussed above cannot be described accurately as an anti-crime bill but would instead be a pro-criminal bill and particularly a pro-convicted murderer bill. The habeas corpus provisions contained in H.R. 3371 stand in stark contrast to those which the Senate passed in July. We do wholeheartedly support the habeas corpus provisions contained in Title XI of S. 1241. Those provisions, unlike the ones contained in H.R. 3371, would promote finality, fairness, and prompt resolution of litigation. There are some other provisions in H.R. 3371 and in S. 1241 which would aid law enforcement and promote the interests of victims and survivors of violent crime. However, there are no provisions in either bill, and none that the Conference Committee could report out, that would justify signing into law any bill containing habeas corpus provisions similar to those contained in H.R. 3371. 4. Judicial Conference of the United States, Report and Proposal of the Ad Hoc Committee on Federal Habeas Corpus in Capital Cases, at 11 (Aug. 23, 1989). 5. Id. SENT BY:The TICKET CENTER :11-26-91 ; 10:40 ; LEGISLATIVE AFFAIRS- 6218;# 8 ATTY GENERAL/DEPT. OF JUSTICE Nov 22,91 15:48 No.01? P.US The President November 21, 1991 Page 4 We appreciate your interest in this matter and hope that, if it becomes necessary, you will exercise your veto power to protect the American people from pro- criminal legislation such as the three provisions discussed above relating to habeas corpus that are contained in H.R. 3371. Sincerely, Daniel DANIEL E. LUNGREN Langm ERNEST D. PREATE, JR. Attorney General, California Attorney General, Pennsylvania mike Moore jettie MIKE MOORE GRANT WOODS Attorney General, Mississippi Attorney General, Arizona DON Printary STENBERG General, Nebraska 44-48-24 CHARLES E. COLE Attorney Attorney General, Alaska ROBERT T. STEPHAN ELIZABETH BARRETT-ANDERSON Attorney General, Kansas Attorney General, Guam Marc Recical MARC RACICOT Joseph JOSEPH B/ MEYER theyer Attorney General, Montana Attorney General, Wyoming SENT BY:The TICKET CENTER 11-26-91 ; 10:41 ; LEGISLATIVE AFFAIRS+ GENERAL/DEPT. OF JUSTICE Nov 22,91 15:49 NO 6218;# 9 The President November 21, 1991 Page 5 Linley E.Pearson this sure Dection LINLEY E. PEARSON FRANKIE SUE DEL PAPA Attorney General, Indiana Attorney General, Nevada ifs MARY SUE TERRY JAMES Attorney Lanes H. General, EVANS A Alabama Ears Attorney General, Virginia ROBERT ROAY J. TUSD KEN Attorney General, New Jersey Attorney EIKENBERRY General, Washington Mark Barnet JOHN P. ARNOLD MARK W. BARNETT Attorney General, New Hampshire Attorney General, South Dakota Dave Rohn mayer DAVE FROHNMAYER JEFFREY Jesky AMESTOY 1.Guetz Attorney General, Oregon Attorney General, Vermont GAZE A. MICHAEL Michaely J. BOWERS Bowers Attorney General, Colorado Attorney General, Georgia SENT BY:The TICKET CENTER 11-25-91 ; 10:41 ; LEGISLATIVE AFFAIRS- Nov 22.91 15:49 No GENERAL/DEPT. OF JUSTICE 6218;#10 The President November 21, 1991 Page 6 PRECK LARRY ECHOHAWK Jony JOSEPH CURRAN, Burrangs JR. Attorney General, Idaho Attorney General, Maryland TRAVIS MEDLOCK no RICHARD N. PALMER Chief State's Attorney, Connecticut Attorney General, South Carolina Richard P. tryab Charles ML Oberly 8 CHARLES M. OBERLY, III RICHARD P. IEYOUB Attorney General-elect, Louisiana Attorney General, Delaware Marir J. Polumbo Dan Morales MARIO J. PALUMBO DAN MORALES Attorney General, West Virginia Attorney General, Texas LACY H. THORNBURG Attorney General, North Carolina The conferees' so-called "crime bill" is a trick, it is legislative sleight-of-hand. It is called a crime bill, and its authors want us to believe that it will end the frivolous lawsuits filed by death row inmates and the frustrations of good police officers. But, in reality, it is not a crime bill at all. It attempts to fool law enforcement officials and victims, the very last people we should dare to deceive. It uses all the right titles -- habeas corpus, exclusionary reform -- but it actually changes more than 10 years of Supreme Court decisions that favor law enforcement. Is this what the American people want? We pick tough law and order judges. They render good decisions to protect the public, we call for tough crime legislation, and then Congress tries to overturn those decisions through so-called crime legislation. No this is not a crime bill, but it certainly is a crime. from Paul McNaulty DOJ (Duggan/Simon) November 22, 1991 Draft One Barr PRESIDENTIAL REMARKS: BARR SWEARING-IN JUSTICE DEPARTMENT TUESDAY, NOVEMBER 26, 1991 [time] 3:30 p.m. Mr. Attorney General, members of the Cabinet, members of Congress, [others], ladies and gentlemen: Let me offer congratulations to Bill Barr and a warm welcome and best wishes to his wife Cynthia, his daughters, his parents and the many other family and friends here for this happy occasion. ((This is my kind of Barr Association. )) \\ Today America gives new responsibilities to a young man of see outstanding character and achievement. ( (As always, Shakespeare's words help us sum up the man: "Young in limbs, in file judgment old." The newspapers report Bill Barr was giving Eisenhower for President speeches when he was in kindergarten. And his parents inform me that young Bill was discoursing about municipal bonds before he gave up his pacifier. )) 11 I am proud to welcome Bill Barr to the Cabinet. He'll make Americans proud of his work as Attorney General of the United States. 11 He offers a model of thoughtfulness and hard work Duggan for all young Americans. When I first met him, Bill Barr held a conventending job by day translating Chinese radio broadcasts for the w/ Burr CIA. At night he was going to law school. As a lawyer in private practice and in government service, he has shown unstinting commitment to excellence and fairness. 2 Duggan As the head of the Justice Department's Office of Legal commensationsel, and as a key participant in our National Security w/Barr Council deliberations, Bill Barr never hesitated to speak his mind and offer honest, solid legal advice. As Acting Attorney General, he has fostered a strong sense of teamwork that draws the best out of our professionals at the Justice Department -- notably in the recent successes in prosecuting savings and loan fraud and in indicting the terrorists who plotted the Pan Am bombing. Under our new Attorney General, the Justice Department has four major priorities: First, keep on with the fight against Ben Banta drugs. We're winning some battles. Casual drug use is down, for ONDCP 4677 arad instance. But we haven't won this war -- not yet. We'll keep 9890 putting our best efforts and resources into the fight for the lives and well being of our young people. Second, we're continuing, and we'll intensify, our efforts against violent crime. In the federal government, we're determined to help state and local authorities combat violent criminals. Bill Barr's leadership in particular will help us with a new crackdown against career criminals who use firearms. Third, officials of this White House and this Justice Department will work vigorously to enforce civil rights laws. There is complete solidarity in my Administration on the essence of civil rights, on the need to combat discrimination as a cancerous social evil. To suggest otherwise undermines every 3 decent American's efforts to promote fundamental fairness and harmony. Finally, Bill Barr and his team will roll up their sleeves to heighten the attack against white-collar crime. We're determined to strengthen the people's protection against fraud in financial institutions, insurance, and government procurement. We'll turn the full force of the law against con artists who steal people's savings. And we'll do the same to anyone from abroad who tries to rob our inventors and investors of what is rightfully theirs. We won't rest until we have from Congress all the tools we need to fight crime. [Following language is offered pending Congressional action:] [[ We need a crime bill that will stop the endless, frivolous habeas corpus appeals that waste time prosecutors should be spending on new cases. We need a bill that tells our police, if they act in good faith, evidence will not be suppressed in court based on needless technicalities. We need action on my proposals to make it easier to prosecute criminals who commit sexual violence against women and children. We need new protection for victims and witnesses. ]] ((It's true that I've ordered Bill to be ruthless in fighting crime. But I left the details to him. It's altogether his idea to try to drive junkies and drug dealers out of our neighborhoods by playing his bagpipe. We'll have to check and see whether that violates the Eighth Amendment -- cruel and unusual punishment. )) 4 Bill Barr will help us straighten out a civil litigation system that has spun out of control. We've become the most litigious society in the world. That causes a painful, costly drain on our economy, on our professions, and ultimately on the civility we need to hold society together. Bill has been, and will remain, a stalwart in our efforts for civil justice reform. For fifteen years, I've been honored to know Bill Barr. I've been deeply impressed by his fairness and integrity, by his love of country and of his profession. And now it is my honor to present [Judge] [Justice] [----], who will administer the oath of office to the 77th Attorney General of the United States. Silberman Shakespeare, william The HOME BOOK OF SHAKESPEARE QUOTATIONS Being also a Concordance & a Glossary of the Unique Words & Phrases in the Plays & Poems ARRANGED AND EDITED BY BURTON STEVENSON Editor of The Home Book of Verse, and The Home Book of Quotations CHARLES SCRIBNER'S SONS New York AGE AGE AFFLICTION 21 1 8 vould you were set, so your affec- The affliction of my mind amends. An old man is twice a child. 1 cease. The Tempest. Act v, SC. I, 1. I15. [Alonso] Hamlet. Act ii, SC. 2, 1. 403. [Rosencrantz] itlemen of Verona. Act ii, SC. I, 1. 90. I think affliction may subdue the cheek, Old men fool and children calculate. -King Lear, ii, I, 100. But not take in the mind. Julius Casar. Act i, SC. 3, 1. 65. [Cassius] Winter's Tale. Act iv, SC. 4, 1. 586. [Perdita] is a coal that must be cool'd; Old fools are babes again; and must be used 2 With checks as flatteries. er'd, it will set the heart on fire. I count it one of my greatest afflictions, say, that I cannot pleasure such an honourable King Lear. Act i, SC. 3, 1. 19. [Goneril] nd Adonis, 1. 387. faints not like à pale-faced coward, Grandsires, babies and old women, gentleman. woos best when most his choice is Either past or not arrived to pith and puissance. Timon of Athens. Act iii, SC. 2, 1. 62. [Lucius] Henry V, iii, Prol., 1. 19. rd. Chief afflictions.-Timon of Athens, iv, 2, 44. 9 nd Adonis, 1. 569. 3 This affliction has a taste as sweet Your lordship, though not clean past your ! thy intention stabs the centre: As any cordial comfort. youth, hath yet some smack of age in you, st make possible things not so held, some relish of the saltness of time. Winter's Tale. Act v, SC. 3, 1. 76. [Leontes] II Henry IV. Act i, SC. 2, 1. IIO. [Falstaff] licatest with dreams. AGE inter's Tale. Act i, SC. 2, 1. 138. [Le- The only use of "saltness." I-Age and Youth Falstaff: You that are old consider not the ca- "Intention" is used only once more, See also Man: Old and Young Men Winter's Tale, i, 2, 138. pacities of us that are young; you do measure 4 WS a sound affection. 'Let me not live,' quoth he, the heat of our livers with the bitterness of your 's Tale. Act iv, SC. 4, 1. 389. [Camillo] 'After my flame lacks oil, to be the snuff galls: and we that are in the vaward of our affection, which cannot choose but Of younger spirits, whose apprehensive youth, I must confess are wags too. senses Chief Justice: Do you set down your name in 'inter's Tale, i, I, 26. See under ROOT. All but new things disdain; whose judge- the scroll of youth, that are written down old with all the characters of age? Have you not Vinter's Tale. Act v, SC. 2, 1. III. greediness of affection. ments are a moist eye? a dry hand? a yellow cheek? a Mere fathers of their garments; whose con- white beard? a decreasing leg? an increasing 1 Gentleman] stancies belly? is not your voice broken? your wind AFFLICTION Expire before their fashions.' short? your chin double? your wit single? and o Adversity, Disaster, Misfortune All's Well that Ends Well, i, 2, 58. [King] every part about you blasted with antiquity? Young boys and girls Are level now with men. and will you yet call yourself young? Fie, fie, Gentle, but unfortunate; Antony and Cleopatra, iv, 15, 65. [Cleopatra] fie, Sir John! estly afflicted, but yet honest. With his Amazonian chin he drove II Henry IV. Act i, SC. 2, 1. 196. "Vaward" eline. Act iv, SC. 2, 1. 39. [Guiderius] The bristled lips before him. occurs five times in the plays. The only use much by his affliction made. Coriolanus. Act ii, SC. 2, 1. 95. [Cominius] of "decreasing." eline. Act v, SC. 4, 1. 108. [Jupiter] "Amazonian" is repeated in III Henry VI, Moth: Why tender juvenal? why tender juve- i, 4, 114: "Amazonian trull"; and "bristled" nal? st great affliction of spirit. in A Midsummer-Night's Dream, ii, 2, 31: Armado: I spoke it, tender juvenal, as a con- let. Act iii, SC. 2, 1. 324. [Guildenstern] "Bristled hair." gruent epitheton appertaining to thy young ad he looks! sure, he is much afflicted. 5 Though grey days, which we may nominate tender. y VIII. Act ii, SC. 2, 1. 63. [Suffolk] Do something mingle with our younger Moth: And I, tough senior, as an appertinent brown, yet ha' we title to your old time, which we may name affliction, peace! A brain that nourishes our nerves, and can tough. John. Act iii, SC. 4, 1. 36. [King Philip] Get goal for goal of youth. Love's Labour's Lost. Act i, SC. 2, 1. 12. affliction.-The Merry Wives of Wind- Antony and Cleopatra, iv, 8, 19. [Antony] The only use of "epitheton," an earlier form v, 5, 178. 6 of epithet. "Congruent" is repeated in v, I, Man's nature cannot carry At seventeen years many their fortunes 97, and in no other play. "Appertinent" OC- ffliction nor the fear. seek; curs three times. / Lear. Act iii, SC. 2, 1. 49. [Kent] But at fourscore it is too late a week. 10 0 you mighty gods! As You Like It. Act ii, sc. 3, 1. 73. [Adam] The blood of youth burns hot with such ex- vorld I do renounce, and in your sights, The oldest hath borne most: we that are young cess g Lear. Act iii, SC. 5, 1. 35. [Gloucester] patiently my great affliction off. Shall never see so much, nor live so long. As gravity's revolt to wantonness. King Lear. Act v, SC. 3, 1. 325. [Albany] Love's Labour's Lost. Act v, SC. 2, 1. 73. Henceforth I'll bear He that no more must say is listen'd more [Rosaline] ion till it do cry out itself Than they whom youth and ease have taught to 11 gh, enough,' and die. glose. Young in limbs, in judgement old. g Lear. Act iv, SC. 6, 1. 75. [Gloucester] Richard II. Act ii, SC. I, 1. 9. [John of Gaunt] The Merchant of Venice. Act ii, SC. 7, 1. 71. Had it pleased heaven 7 [Prince of Morocco, reading scroll] me with affliction; had they rain'd By heaven, it is as proper to our age I never knew so young a body with so old a y nds of sores and shames on my bare head, To cast beyond ourselves in our opinions head. 'd me in poverty to the very lips, As it is common for the younger sort The Merchant of Venice. Act iv, SC. I, 1. 163. uld 1 have found in some place of my soul to captivity me and my utmost hopes, To lack discretion. [Clerk] Hamlet. Act ii, SC. I, 1. 114. [Polonius] How much more elder art thou than thy looks! op of patience. A very riband in the cap of youth, The Merchant of Venice. Act iv, SC. I, 1. 251. hello. Act iv, SC. 2, 1. 47. [Othello] Yet needful too; for youth no less becomes [Shylock] The light and careless livery that it wears 12 ction is enamour'd of thy parts, Than settled age his sables and his weeds, Crabbed and youth cannot live together meo and Juliet. Act iii, sc. 3, 1. 2. [Friar thou art wedded to calamity. Importing health and graveness. Youth is full of pleasance, age is full of care; Hamlet. Act iv, SC. 7. 1. 78. [King] The only Youth like summer morn, age like winter urence] use of "graveness." weather; 4 on our professions, and ultimately on the civility we need to hold society together. Bill has been, and will remain, a stalwart in our efforts for civil justice reform. /// I'm confident that Bill Barr possesses in abundance every quality that makes a great Attorney General: he's tough, fair- minded -- a man of integrity and intense dedication. ((It's true that I've ordered Bill to be ruthless in fighting crime. But I left the details to him. It's altogether his idea to try to drive junkies and drug dealers out of our neighborhoods by playing his bagpipe. 11 We'll have to check and see whether that violates the Eighth Amendment -- cruel and unusual punishment.) For fifteen years, I've been honored to know Bill Barr. I've been deeply impressed by his fairness and integrity, by his love of country and of his profession. And now it is my honor to present [Judge] [Justice] [----], who will administer the oath of office to the 77th Attorney General of the United States. # # # I've been challenged to explain in 30 seconds why I'm opposed to the weak substitute bill the Congress wants me to sign. Start your stopwatch: We need a bill that stands with the courts, with the cops, and with the victims of crime -- and against the criminals. // Let me use the rest of my time to the Americants people's time that's urge Congress to stop wasting theirs: send me a crime bill -I-can worth Signing 1 sign. SENT BY:The White House 11-25-91 ; 5:47PM ; CABINET AFFAIRS- 6218;# 1 THE WHITE HOUSE WASHINGTON Office of Cabinet Affairs Fax Transmission Cover TO: BOB Simon LOCATION: FAX NUMBER: 6218 FROM: Jim Fitzhenry Number of pages to follow: 2 Office of Cabinet Affairs Telephone: (202) 456-2800 Fax: (202) 456-2223 Comments: Fel SENT BY:The White House 11-25-91 ; 5:48PM ; CABINET AFFAIRS- 6218:# 2 * INVITEES Congressman Bill Alexander Non. Donald J. Atwood Hon. James A. Baker, III Senator Joseph R. Biden Hon. Nicholas F. Brady Cong. Jack Brooks Senator Hank Brown Senator Byrd Cong. Tom J. Campbell Cong. Bob Carr Hon. Dick Cheney Senator Alfonse D'Amato Senator Danforth Senator DeConcini Hon. Edward J. Derwinski Senator Bob Dole Hon. Lawrence Eagleburger Cong. Joe Early Cong. Don Edwards Cong. Ham Fish Cong. Tonm Foley Cong. Barney Frank Cong. George Gekas Cong. Newt Gingrich Senator Phil Gramm Senator Charles Grassley Senator Orrin Hatch Senator Howell Heflin Senator Ernest Hollings Cong. William Hughes Cong. Henry Hyde Hon. Jack Kemp Senator Edward Kennedy Senator Herbert Kohl Cong. Jim Kolbe Senator Patrick Leahy SENT BY:The White House ;11-25-91 ; 5:48PM ; CABINET AFFAIRS- 6218;# 3 - Senator Joseph Lieberman Senator Trent Lott Senator Richard Lugar Hon. Manuel Lujan, Jr. Hon. Edward Madigan Hon. Lynn Martin Cong. Romano Mazzoli Cong. Bill McCollum Senator Mitch McConnell Senator Howard Metzenbaum Cong. Bob Michel Senator George Mitchell Cong. Alan Mollohan Hon. W. Henson Moore Cong. Carlos Moorhead Hon. Robert Mosbacher Senator Daniel Moynihan Hon. Peter Nunez Cong. Nancy Pelosi Cong. Ralph Regula cong. Hal Rogers Senator Bill Roth Senator Warren Rudman Rockwell A. Schnabel Cong. Charles Schumer cong. Jim Sensenbrenner Senator Alan Simpson Senator Paul Simon Hon. Samual Skinner Cong. Neal Smith Senator Arlen Specter Non. Louis W. Sullivan Senator Strom Thurmond Senator John Warner Hon. James D. Watkins Cong. Frank R. Wolf One of the more telling comments of the way the democratically-controlled Congress views its responsibility to pass a tough crime bill has come from Senator Biden. If I try to explain why I would veto a death penalty bill because of a court ruling on habeas corpus, Mr. Biden is reported to have said, "I want to see him do it in a 30-second sound bite." Well this President does not believe in legislating by sound bite. Apparently, Congress does. I have more confidence in the American people's ability to spot whose playing politics here, however. 2?? days ago, I gave the Congress a 100 day challenge to enact a meaningful crime bill that would be tougher on criminals than on law enforcement. And 2?? days later, Congress has presented the American people with a travesty -- truly a sheep in wolf's clothing. So maybe it is fair that Mr. Biden challenge me to explain in 30 seconds my reasons for vetoing a bill 2?? days in the making. Although 100 days versus 30 seconds Let me just check my watch here. 30 seconds, ok -- I will veto this bill because -- its death penalty provisions are false advertising. They purport to enact a Federal death penalty for several crimes, it contains so many roadblocks that the sentence would virtually never be imposed; it makes Habeas corpus no more than a fancy phrase for throwing open the prison doors for thousands of criminals; it will handcuff police by letting criminals go free on legal technicalities even when a police officer acts in good faith; it will let murderers go free where there is overwhelming evidence of guilt because a confession was coerced -- even though the confession was superfluous to the conviction; in their effort to get an early start on the holidays, the Democrats threw out the provisions designed to combat rape, child molestation, and to protect crime victims. from Mariame McGettigan OPD Oct. 23 / Administration of George Bush, 1991 Remarks on Signing the Executive With all that said, let me get to the heart Order on Civil Justice Reform of the matter. Civil justice reform is abso- October 23, 1991 lutely essential to our country's well-being. I'm talking about access to health care and Welcome, everyone. I'm, of course, very quality of life. Parents are having a tough grateful to Dan Quayle, our Vice President, time finding an obstetrician just out there for his hard work on the issue that I want to in some of the States because many obste- discuss today, and to many of you here who tricians found it wasn't worth it to practice have been very helpful in all of this. I want anymore. I'm talking about beneficial new to single out our nominee for Attorney products that never reach the marketplace General, Bill Barr, the Acting Attorney at all because of liability concerns. General, and Ken Starr, the Solicitor Gener- I'm talking about jobs. We got a letter the al who headed the working group that pro- other day from an architect in California duced what I think is a very fine report. named Charles Yaeger. Here's what he A little more than 2 months ago, the Vice wrote, "I have many friends who are going President outlined our agenda for civil jus- out of business because of fear of lawsuits." tice reform before the American Bar Asso- And I'm talking about inflation and con- ciation. That speech unleashed a national sumer prices. The owner of Zaun's Trust- debate, a flurry of mail here at the White worthy Hardware in Iowa, Brad Zaun, House, I might add, and some of the best wrote to us as follows: "As a business owner lawyer jokes that I've heard in years. myself, the liability insurance is getting out [Laughter] of hand. The manufacturers could signifi- But we're not here today to make an easy cantly lower their prices both wholesale hit on lawyers. Frankly, I don't think that and retail, which would stimulate our econ- the problem rests with lawyers; the prob- omy." lem stems from a legal system that just spun Maybe other countries don't have this out of control. Sadly, we've become the problem because every other Western de- most litigious society in the world. mocracy has the "loser pays" rule in order In order to restore sanity to our civil jus- to discourage senseless lawsuits. Maybe it's tice system, the Competitiveness Council because we have most of the world's law- that the Vice President chairs has recom- yers here in America. Maybe it's because mended extensive and concrete steps that the pop culture in this country encourages we can take, starting today, to get our legal lawsuits. system back on track. There's 50 recom- I don't know how many of you watch mendations, and these 50 recommendations Hulk Hogan in the movie, but he's got a include changes in the rules of discovery, brand new movie out there, and at one adoption in certain areas of the "loser pays" point he asks the bad guys if they're going rule, encouragement of alternative dispute to beat him up. You know what the bad resolution, caps on punitive damages, and guys replied? "Hey, this is the nineties; changes in the rules and expert evidence to we're going to sue you." [Laughter] end the use of "junk science" on the wit- People around the country understand ness stand. that, and they have understood it for some I've named only a few of our many rec- time. And we've got to get something done ommendations. Some of these proposals re- about it. You see the problem everywhere. quire Federal legislation, and we're going From the hindrance of new medicines to to be transmitting that up to the Congress local bans of firework displays on the very, very soon. Other proposals require Fourth of July, the fear of outlandish litiga- action by the Supreme Court. Today's Exec- tion has begun to strangle the American utive order will apply most of these recom- dream. mendations, where possible, to the Federal Americans understand that civil justice Government. And I'm asking every agency reform means growth, competitiveness, and head, many here today, to do everything jobs. That's why I feel so strongly about possible to fully and effectively implement these recommendations by Dan Quayle's the Executive order. Competitiveness Council. This is not a par- 1484 Administration of George Bush, 1991 / Oct. 23 tisan issue; we keep making that point. It's higher standards than those required by the matter of overcoming the vested interests rules of procedure in the conduct of Gov- and changing the status quo to ensure a ernment litigation in Federal court, and can better and most prosperous life for all continue to do so without impairing the ef- Americans. fectiveness of its litigation efforts; The Federal Government is the largest Whereas, improving the quality of legisla- single consumer of legal resources. As the tion and regulation to eliminate ambiguities client, I'm asking you, the Government's in drafting would reduce uncertainty and top lawyers, to help us change the status unnecessary litigation; and, quo. The Executive order will hold you to Whereas, improving the quality of admin- higher standards than private practitioners. istrative adjudications would reduce the But it will also give us the opportunity to time and resources expended during the ad- lead the country by example toward civil ministrative process. justice reform. Now, Therefore, I, George Bush, by the Today we're taking the first step. And authority vested in me as President by the now I want to invite Bill Barr and Ken Constitution and the laws of the United Starr to join Dan Quayle and me up here as States of America, including chapter 31 of I sign this Executive order. And again, title 28, United States Code, and section thank you all very much for coming. 301 of title 3, United States Code, and in order to facilitate the just and efficient reso- lution of civil claims involving the United Note: The President spoke at 11:43 a.m. in States Government, to encourage the filing the Roosevelt Room at the White House. of only meritorious civil claims, to improve legislative and regulatory drafting to reduce needless litigation, to promote fair and prompt adjudication before administrative tribunals, and to provide a model for similar reforms of litigation practices in the private Executive Order 12778-Civil Justice sector and in various states, hereby order as Reform follows: October 23, 1991 Section 1. Guidelines to Promote Just and Efficient Government Civil Litigation. To Whereas, the tremendous growth in civil promote the just and efficient resolution of litigation has burdened the American court civil claims, those Federal agencies and liti- system and has imposed high costs on gation counsel that conduct or otherwise American individuals, small businesses, in- participate in civil litigation on behalf of the dustry, professionals, and government at all United States Government in Federal court levels; shall respect and adhere to the following Whereas, several current litigation prac- guidelines during the conduct of such litiga- tices add to these burdens and costs by pro- tion: longing the resolution of disputes, thus de- (a) Pre-filing Notice of a Complaint. No laying just compensation and encouraging litigation counsel shall file a complaint initi- wasteful litigation; ating civil litigation without first making a reasonable effort to notify all disputants Whereas, the harmful consequences of about the nature of the dispute and to at- these litigation practices may be ameliorat- tempt to achieve a settlement, or confirm- ed by encouraging voluntary dispute resolu- ing that the referring agency that previous- tion, limitations on unnecessary discovery, ly handled the dispute has made a reasona- judicious use of expert testimony, prudent ble effort to notify the disputants and to use of sanctions, improved use of litigation achieve a settlement or has used its concil- resources, and, where appropriate, modified iation processes. fee arrangements; (b) Settlement Conferences. As soon as Whereas, the United States sets an exam- practicable after ascertaining the nature of ple for private litigation by adhering to a dispute in litigation, and throughout the 1485 WASH. TIMES 11/13/91 Barr says he has put BCCI on front burner By Jerry Seper 227/120/165 proven guidelines. THE WASHINGTON TIMES "I don't care how much political pressure is brought to bear. I don't care what the Op- Attorney General-designate William P. Eds say. I don't care what the journalists say Barr said yesterday he has taken control of if it's not fast enough for them," he said. "And the Justice Department's investigation of the I don't care what the political pressures are: scandal-plagued Bank of Credit & Commerce that standard is staying where it is." International and that "all allegations that Mr. Barr, whose confirmation by the com have surfaced are now being pursued aggres- mittee seems assured, told the senators sively." response to a question from Committ- Mr. Barr, testifying at his Senate Judiciary Chairman Sen. Joseph R. Biden Jr., Delawa:- Committee confirmation hearings, accepted Democrat - that no one from the Wh personal responsibility for the complex inter- House, the State Department or the Cer national fraud probe and invited the senators Intelligence Agency had attempted to in to check his progress in the coming months. fere with the BCCI investigation or influer "Starting from the time that I have been its outcome. involved, I'll accept personal responsibility Democrats on the committee, who of: for performance in this case," Mr. Barr said. feuded with Mr. Thornburgh, had words "And" I'll be held accountable for it." praise for Mr. Barr. They said he had made Some senators and others have accused the considerable efforts to work with committee Justice Department of dragging its feet in the members and staff, and they expected that BCCI investigation and have suggested that the goodwill would continue. former Attorney General Dick Thornburgh, "You are the lawyer for the people of the who resigned in August, did not aggressively country and we want you to always remember pursue leads and evidence of massive bank that," said Sen. Paul Simon, Illinois Democrat. fraud and money laundering uncovered by "You serve in the president's Cabinet; you investigators. serve at the president's will; but you are not Regulators in the United States, England the president's lawyer. and six other nations seized BCCI in July "You're the lawyer for all the people in this amid allegations of widespread corruption. country, and I think on the basis of what I have Mr. Barr, who assumed control of the BCCI seen from you, the people are going to be well probe in late July, said 37 federal prosecutors served," he said. and "dozens of agents" are currently as- Mr. Barr said his priorities as attorney gen- signed to the investigation. He said he also has eral would center on fighting drugs and vio- ordered a separate review of the depart- lent crime, enforcing civil rights violations ment's handling of the case prior to his taking and targeting white-collar criminals. He said over to determine what mistakes, if any, were he would enforce laws fairly and impartially made. and promised never to bow to political pres- "A lot has been said about not wanting to sure. have a political Justice Department, and I The 41-year-old New York native, whose agree with that," he said. "But there's another testimony before the committee was wit- side to the coin, and that is: 'Don't hand down nessed by his wife and three daughters, was an indictment because of political pressure.' nominated as attorney general by President "Don't lower the standard of indictment Bush on Oct. 16. He formerly served as acting just because it's politically convenient," he attorney general, deputy attorney general said. and head of the department's Office of Legal Mr. Barr said he was aware of the criticism Counsel. but would proceed on the investigation under The hearing continues today: Borr - - Bag pipes - Barr Association a is you - Nun's prayer family and briends - crime bill econ. sure 2 Finer - on e conorney none healthy because on rule of law - drugs & regist for property timely adjuly - back log T homenes for Judge ships preditates tort reform and us attys - has recurity fune L too- - member of NSC - rule of low I conomic orgionale L s teals in tworld one technology - nobbing our invelopm rexual + indestry - - crimes agree women - of what's rightfally horony- Theirs. - - cities. smill K N DRAFT SWEARING-IN CEREMONY (Musical selections by military band during seating.) Attorney General and Mrs. Barr greet President and Mrs. Bush upon arrival at the Department of Justice and escort them to the holding area backstage. Arrive backstage and greet Barr family members, Acting Deputy Attorney General George Terwilliger, priest, and judge. Family members are escorted to their seats in the Great Hall by Mary Stevens. Silberman George Terwilliger, Barr children, priest, and judge proceed to their seats on stage. President and Mrs Bush and Attorney General and Mrs. Barr are announced onto the stage. Welcome and announcement of the Presentation of Colors by Acting Deputy Attorney General George Terwilliger. Presentation of Colors National Anthem andience 250 Invocation INTRO DA.6.Z President Bush makes remarks. Swearing-in of William P. Barr as Seventy-Seventh Attorney General of the United States. Remarks by Attorney General Barr. (Short musical selection by bagpipe ensemble.) Ceremony concludes. (Musical selections by military band during departure.) THE WHITE HOUSE WASHINGTON 9/11/21 SEEN 31 SEP P3:00 September 10, 1991 MEMORANDUM FOR THE PRESIDENT THROUGH: TONY SNOW TS FROM: JOSEPH P. DUGGAN IPD SUBJECT: NATIONAL ASSOCIATION OF BROADCASTERS RADIO ADDRESS I. SUMMARY On Thursday, September 12, at 2:00 p.m., you will speak by live radio hookup to radio broadcasters at the National Association of Broadcasters Seventh Annual Radio Convention at the Moscone Convention Center in San Francisco. Your speech will be provided live to radio stations for broadcast around the nation. II. DISCUSSION The address (7 minutes) will cover your domestic policy agenda, mentioning issues such as education, the Thomas nomination, the crime bill, the war on drugs, environmental protection and civil liability reform initiatives. (Duggan/Nix/Dooley) September 10, 1991 1:30 p.m. Draft Five NAB PRESIDENTIAL REMARKS: RADIO ADDRESS TO NAB LIVE RADIO FROM OVAL OFFICE SEPTEMBER 12, 1991 2:00 PM Thank you, Gary Chapman and Eddie Fritts. This has been a proud, historic year for American radio. During Operation Desert Storm, local radio stations gave tremendous support to our troops and their families. For all of them, let me thank all of you for the blood drives, the letter campaigns, and so much more that you did to lift our spirits during the Gulf crisis. More recently American broadcasters helped deal the final blow to Soviet totalitarianism. Brave and enterprising reporters -- many of them from N.A.B. member stations and affiliated networks -- broadcast news that the coup plotters' controlled media dared not report. Though the coup plotters had cut Mikhail Gorbachev's telephone lines, our Voice of America and Radio Liberty reached through the confines of his house arrest. They relayed news possibly vital to his safety and to the recovery of his freedom. But America can't remain a radiant source of liberty around the world unless we renew our strength at home. After all, America is not just an economic machine or a military power. It is a civilization, and we all share responsibility for keeping our civilization healthy. 2 Historic events overseas recently have crowded American domestic issues out of the news broadcasts and headlines, but not off of my work docket. I gave high priority to stewardship of our environment when I became president. I was fresh out of patience with the Congressional bickering which had delayed for a decade any improvements in the Clean Air Act. We worked hard to push a new act through Congress, an act that lets the genius of the marketplace help clean our skies. I have also signed landmark legislation that can welcome millions of handicapped Americans into the mainstream, and a family-oriented child care bill that protects the rights of parents and religious institutions. These are just some of the accomplishments on our challenging domestic agenda. As we renew America's core strengths, we must build an educational system worthy of our heritage and fit to transmit that heritage to future generations. Our public school systems are swollen with bureaucracy. They are perfectly willing to take people's tax money, but they give parents little choice in their children's schooling. My proposal to Congress, the America 2000 Excellence in Education Act, addresses both these problems. We must have greater accountability and competition. We want all parents to have the freedom to choose the schools their children attend. This will stimulate excellence in public, parochial and private schools. 3 We have challenged parents, students, businesses, and community leaders to join in developing New American Schools -- schools that break the mold, that help us reinvent American education. Long ago I made clear my hopes of serving as an education President. You see, I can't think of any institution more important for shaping our future than the schools that instruct our young men and women. I hope you will join me in building a crusade for better education, and that you can help us spread the word that education is everyone's business. On October 1 I will speak to America's students about their role in building America's future. I hope you can help us get the word out: We must make our nation's schools the best in the world. Congress needs to act, too, on our crime legislation. Sexual violence and drug-related mayhem scar our nation and threaten our future. My proposals will make it easier to prosecute those who commit sexual violence against women and children. They'll also establish new protections for witnesses and guarantee the victim's right to address the court at sentencing. After two years of intense work, our National Drug Control Strategy is showing results. Overall drug use has fallen in recent years. Cocaine use has fallen even more dramatically. This afternoon I will leave for Philadelphia, where I will visit a drug treatment center and offer thanks to the volunteers and professionals who fight the drug battle every day on the front 4 lines. And I'll continue to push for our crime bill, which sets tougher sanctions against drug kingpins. We are working for new programs to promote economic freedom and growth. Our Enterprise Zone legislation will bring new jobs Our HOPE initiative will help low-income We've got a strong, own homes. innovative transportation o fight schemes for needless taxation and ongress want to send me a pork-barrel transp. bill yet that raises gasoline taxes and mandates at states don't need. That kind of 1 straight for a roadblock -- my veto. st lasting domestic legacy is his judicial Clarence Thomas, my nominee for the Supreme Court, is a man of courage, scholarship and common sense. I am looking forward to his giving fresh expression to the philosophy of our Constitution's Framers well into the 21st Century. America is a beacon of hope in the world because of our qualities as a civilization. But to carry this legacy forward we must give our children the education they deserve. We must drive violent criminals from our streets. We must free our economy from excessive taxation and bureaucratic meddling. We must keep our families healthy and whole. If Congress will work with me to enact a fair domestic agenda, the 21st Century can be another proud "American Century." " With a healthy civilization at home, we will be not just a powerful nation. We will be, as our Founding Fathers envisioned, 5 a model for the world. Thank you, and God bless the United States of America. And now, in keeping with radio tradition: Back to you, Eddie! [FRITTS RESPONDS:] Thank you, Mr. President, for joining America's broadcasters in our celebration of radio. [THE PRESIDENT:] Thank you for inviting me, and I hope you have a wonderful convention. # # # 11/22/91 11:48 202 514 0467 ODAG 1 001/005 U.S. Department of Justice Office of the Deputy Attorney General 91 NOV 22 All: 06 - The Deputy Attorney General DATE: Washington, D.C. 20530 11-22-91 TO: Joe Duggan WH Specchwriter Fax No. : ( ) 456-6218 Telephone No. : ( ) - FROM: William P. Barr attorney General Fax No. : ( ) - Telephone No. : ( ) 514-2101 514 2101 TRANSMISSION CONTAINS 5 SHEETS INCLUDING THIS COVER SHEET SPECIAL NOTE (S) : If any page (s) are missing from this transmission, please telephone sender at the above telephone number for re-transmission. 11/22/91 11:48 202 514 0467 ODAG 002/005 PRIORITIES Misleading to talk about priorities because job of DOJ is to enforce all the laws across the board. I wouldn't want to suggest that to upgrade our efforts in one area, we would give short shrift to another. So my first priority is to ensure that we are covering all the bases with our limited resources. My second priority is also a cross-cutting one. I want to continue to foster the integrity and professionalism of the Department as an institution. Attorneys General come and go. So the character of the Department as an institution has much to do with the fair administration of justice. I want to leave the Department a better place. I feel I can do that by example and by insisting on professionalism at every level. Beyond these two cross-cutting priorities, there are several areas where I would put emphasis. 1. Drug War Obviously our war against drugs must remain a priority. It will be a protracted struggle. I would keep pressing. Violent Crime The level of violence in our society is intolerable. We can never forget that the first duty of government is to protect its citizens against predators. While violent crime is primarily a state and local matter, I think there are ways that the federal government can play a leadership role and have a real impact. 3. Civil Rights In the civil rights area there are sometimes policy differences. (We recently bridged differences.) But there is a broader area of agreement. No dispute that discrimination is an abomination -- it is antithetical to all this nation stands for. Enforcement of civil rights will be a priority with me. I will vigorously enforce the civil rights laws and I will be aggressive in protecting the civil rights of all Americans. We have made progress against discrimination in this country, but discrimination still exists. I will be vigilant in watching for it and aggressive in dealing with it. I intend to be pro-active One of my first acts as Acting Attorney General came in the wake of the HUD survey and Fed Report on possible discrimination in the housing area. I wanted stepped up enforcement. 11/22/91 11:49 202 514 0467 ODAG 003/005 4. White Collar I will also place emphasis on attacking White Collar crime. This will mean keeping up the effort on certain key areas: -- Financial Institutions Fraud -- Procurement Fraud - HUD Fraud But it also means anticipating emerging problem areas and positioning Department to deal with them. - Insurance Fraud -- Computer Fraud -- Health Care Fraud 1 Bankruptcy Fraud 11/22/91 11:49 202 514 0467 ODAG 004/005 ACCOMPLISHMENTS 1. Established a management style that has been good for the Department. Accessible. Emphasis on teamwork. Professional team in place. Good communication within the Department. Minimize turf fights and build greater cohesion. 2. Supervision of the effort against Financial Institution Fraud, principally S&Ls. Drew responsibility directly in DAG office. Set up system to prioritize, allocate resources, monitor cases, coordinate with regulatory agencies. 3. Work with Congress to get important legislation: -- Crime control Act of 1990 -- Debt Collection Act This years crime bill ) 4. In Civil Rights I moved aggressively in the Fair Housing area with Testers and inter-agency group to coordinate investigation of discrimination in mortgages. 5. Developed in DAG's office violent crime initiatives -- Triggerlock and Weed & Seed 6. Tackled difficult management areas in DOJ: INS Asset Forfeiture 7. Strengthened cooperation with state and local law enforcement. NDAA : NAAG -- LECCs 11/22/91 11:50 202 514 0467 ODAG 005/005 Triggerlock: started April 1991. All USAs have task forces. Through September: Charged -- 2652 defendants Convicted: 544 (91% conviction rate) Triggerlock defendants include the primary suspect in the Gainesville murders and 50 members of the Vice Lords, a violent Chicago street gang. Aug. 13 / Administration of George Bush, 1991 realities, and important opportunities that February 28, 1993. He would succeed L. now confront us. William Seidman. This report emphasizes the enduring po- Currently Mr. Taylor serves as staff direc- litical, economic, and military foundations tor of the Division of Banking Supervision of our national strategy, yet acknowledges and Regulation at the Board of Governors the mandate for change in implementing of the Federal Reserve Bank in Washington, elements of that strategy. While addressing DC. He served as a bank examiner with the our strategic relationship with the Soviet Federal Reserve Bank in Chicago, IL, 1961- Union as an inescapable priority, we will 1968; and as vice president in charge of work with our allies to respond to new po- lending with the Upper Avenue Bank in litical challenges, taking into account a Chicago, IL, 1968-1972. From 1972 to more internally oriented and less threaten- 1976, he served as vice president and man- ing Soviet Union. While contributing to ager of James W. Rouse and Co., a real global stability as only America can, we will estate development and banking firm in shift our focus to regional threats and Chicago, IL. peaceful engagement. While reducing nu- Mr. Taylor graduated from Cornell Col- clear and conventional force levels on the lege (B.A., 1961). He was born June 24, Continent, we will work with our NATO 1939, in Chicago, IL. Mr. Taylor is married, allies to foster reconciliation, security, and has three children, and resides in Oakton, democracy in a Europe whole and free. VA. And while providing adequately for our de- fense, our economic well-being will remain the foundation of our long-term strength. Our response to strategic challenges has Remarks at the Annual Convention of always been shaped by what we are as a the National Fraternal Order of Police people, for our values are the link between our past and our future, between our do- in Pittsburgh, Pennsylvania mestic life and our foreign policy, between August 14, 1991 our power and our purpose. Our responsi- bility as a Nation remains not only to pro- Thank you all. And Dewey, thank you for tect our citizens and our interests but also that very generous introduction. The Gov- ernment has a good relationship with this to help create a new world in which our fundamental ideals not only survive but outstanding organization. Many of you have been to the White House. Many more I. flourish. That is the essence of our national security strategy. hope will come. But I want to thank your I look to this report to be the foundation president for the introduction and for his for a productive, nonpartisan, national leadership. I want to, of course, salute the Attorney dialog as we continue to develop and articu- late a strategic approach that will guide us General, Dick Thornburgh, so well-known to everybody, not just in Pittsburgh, but safely into the 21st century. across this country, for the job he's done for law enforcement. I want to thank the mem- bers of the Fraternal Order of Police, ladies and gentlemen. I want to thank all of you, Nomination of William Taylor To Be a all 3,000 of you, for the warmth of that Member and Chairperson of the Board greeting. of Directors of the Federal Deposit Now I know how Barry Bonds and Bobby Insurance Corporation Bonilla feel over at Three Rivers Stadium. August 13, 1991 [Laughter] I don't think so many great de- fenders have gathered in Pittsburgh since The President today announced his inten- the last reunion of the Steelers' Super Bowl tion to nominate William Taylor, of Illinois, teams. [Laughter] to be a member and Chairperson of the A couple of years ago, 2 years ago, I was Board of Directors of the Federal Deposit scheduled to address you. I couldn't be- Insurance Corporation for a term expiring cause of the tragic death of an American 1134 Administration of George Bush, 1991 / Aug. 14 hostage. Maybe you all remember him. I that I want to talk about. Frankly, I am certainly do: Colonel William Higgins. proud of our domestic agenda, our adminis- Today, I am delighted to be here at a time tration's domestic agenda. We have strong when hostages are being released from the initiatives in child care and clean air and Middle East. home ownership and transportation, and This is a very difficult time, let's face it, for the families of those still held hostage. other areas as well. But I'm especially For years they've endured the cruel water proud of our war on crime. Our outgoing torture, you might say, of occasional vague Attorney General, with me here today, promises followed by crushing disappoint- Dick Thornburgh, has played a tremendous ment. They've seen their loved ones used as role in this fight. And he's taken his job as political puppets, but they haven't been America's chief law enforcement officer able to identify the puppeteers. very seriously. Relentlessly, tenaciously, he's We cannot tell, I wish I could tell you, pursued those who prey on our society. 13 but we cannot tell what lies ahead. But this Dick, on behalf of all Americans I want to administration will never rest until every thank you in this, your home town of Pitts- hostage is free to rejoin his loved ones and burgh, for your superb service to our coun- return to the America that loves them. try as Attorney General. Leaving politics I think it's appropriate to say that I want aside, this Nation owes you a real vote of to once again express my strong support to gratitude. Secretary-General Javier Perez de Cuellar We come here armed with some good of the United Nations for his continuing ef- news. Last year the percentage of American forts to free all the hostages. They're doing households affected by crime fell to an esti- a good job there and trying hard, and we mated 24 percent, the lowest rate since the support him 100 percent. Federal Government introduced this indica- And I look out over this crowd, and I tor in 1975. But as good as that may sound, expect many fought in the war preceding it is hard to celebrate the fact that nearly Desert Storm. And I might say to those who one in every four households feels the touch did serve in Vietnam, while we're talking of crime each year. So today let's talk about about accounting for people: We will do building an America even more deeply everything to our level-best to account for committed to the values that make law and every single MIA in the Vietnam area. order possible. I'm here today because, as in the Middle East, our entire administration opposes One good step in my view would be to ensure that Clarence Thomas becomes the chaos and lawlessness, and stands shoulder- to-shoulder with those who strive for law next Justice on the United States Supreme and order. And Dewey, once again, thank Court. This man knows, Clarence Thomas you for your kind words. knows, as Teddy Roosevelt said, that Amer- As you well know, there are no magic, ica will not be a good place for any of us one-step solutions to the complex problems until it is a good place for all of us to live in. of crime and drugs. In some cases, educa- He has lived the values that we hold dear: tion, employment, career counseling-these duty, decency, and personal responsibility. things sometimes can help turn prisoners And he's promoted those values through his into productive citizens. And we recognize career in public service. that. Drug rehabilitation can direct ex-drug I don't know how many saw the an- users toward useful lives. But sometimes nouncement I made up in Maine with Clar- these means don't work. And we must re- ence by my side when I announced this member that the first obligation of a penal appointment, but his personal story cannot system is to punish those who break our help but move people, inspire them. aws. I nominated Judge Thomas because he Today, I want to discuss ways in which has the brains and the background, the we can help free America from the fear of character to promote fidelity to the Consti- crime and drugs, and in the process thank tution and to uphold our commitment to those of you in this organization who have equal opportunity. I ask you to help support had a constructive input into the legislation those values by urging the Senate to con- 1135 Aug. 14 / Administration of George Bush, 1991 firm Clarence Thomas as our next Supreme er, we've seized criminals' assets, using Court Justice. them to fund law enforcement and building Values, values is what we're talking new prisons. More than $700 million of the about. It's what drives you in your careers. assets seized have been returned to State We can't underestimate the importance of and local law enforcement agencies for use these values since, as you know, police in fighting crime. You talk about poetic jus- cannot maintain the peace without the tice; that's it. And it's long overdue. help, the support, and the respect of the But this is just a beginning, and you know people they serve. it. You're out there on the front lines. You When you deal with crime's victims and know it better than I do. We have a very its perpetrators, you know that our citizens good chance this year of passing the admin- want and deserve to feel safe, to live in istration's comprehensive package to communities in which they are safe. But no combat violent crime. Nearly two and a half one should underestimate the difficulty of years ago I announced our Violent Crime bringing order to streets decimated by law- Act legislation, asking Congress to back up lessness and chaos. 20 our law enforcement officials with laws that First, our administration is committed to are fair, fast, and final. That package starts rewarding good police work. By the end of with a commonsense proposition: Don't this year, we will have 50 percent more send police into battle wearing handcuffs. 45 Federal prosecutors than in 1988. We're on And so, we proposed stiff penalties for our way to doubling the capacity of the Federal prisons. That will help us house criminals using semiautomatic weapons, an more than 2,500 dangerous criminals con- improved exclusionary rule, and habeas victed since 1989 under tough Federal laws corpus reforms. These proposals-and if you that require a mandatory 5-year sentence haven't seen them, take a look at them— for using a gun in a violent crime or a drug these proposals tell criminals: You will serv trafficking offense. the time. They also tell police and law-abid We've acted to curb potential furlough ing citizens: We will reclaim our neighbor- abuse. Under Dick Thornburgh, and I salute hoods and streets. him for this, we've tightened the furlough Our package also says: Let's give our law review process for inmates, further restrict- officers the respect they deserve, in part by ing the already limited furlough opportuni- imposing the death penalty on those who ties for Federal offenders. In April of 1989 kill a law enforcement officer. the furlough rate was 1.2 per 100 inmates. Our proposals impose tough punishment This April it'll be less than half that. And of on drug kingpins who threaten a Federal course, no furloughs are granted for anyone witness or a juror or a judge. We want a serving a sentence of life without parole. good faith exception to the exclusionary There will be no let-up. Furlough is a privi- rule. There's no reason, none at all, that lege, and it's not a right. 31 good police officers should be penalized And again, with the help of many here, and criminals freed because a judge or our administration has acted to punish hard- lawyer bungled a search warrant. We want ened criminals-career-what you all call habeas corpus reform that will prevent career criminals-under the Federal Armed criminals and lawyers from using technicali- Criminal Career Act. You shouldn't have to ties to gum up our justice system. endure the frustration of watching a sea- In short, the time has come to show less soned criminal walk free because we didn't compassion for the architects of crime and have the facilities or the prosecutors or the more compassion for its victims. And you all will to take the law, and our law enforce- know it: no group suffers more from violent ment officers, seriously. We would like crime than the poor, a group most heavily every State to have tough laws to deal with victimized by lawlessness. 55 violent criminals. But we're not waiting for Working with Congress, we reauthorized those who don't. the 1984 Victims of Crime Act and boosted Project Triggerlock, started just in April, its annual Victims Compensation and Assist- already has produced 850 indictments ance Fund to $150 million. These dollars against persons for firearm offenses. Togeth- came not from taxpayers but from crimi- 1136 Administration of George Bush, 1991 / Aug. 15 nals' fines and penalties. After all, crime the line or the husbands who see their shouldn't pay; let the criminals pay it for a wives out on the line, protecting the com- change. And that's what happens as we try munities in this country. And we are grate- to support these victims of crime. ful to each and every one of you for what We stepped up efforts to implement the you do every single day: Victim-Witness Protection Act and the new Now, you keep up the good work: Thanks Victims' Rights and Restitution Act. And let for what you've done. Thanks for your sup- me note how our Violent Crime Control port. And may God bless the United States Act of 1991 gives further aid to innocent of America. Thank you very, very much. victims of crime. It includes new protec- tions for witnesses and abused kids. It pro- vides rules that make it easier to prosecute those who commit sexual violence against Note: The President spoke at 9:49 a.m. at women and children. It imposes mandatory the David Lawrence Convention Center. In HIV testing of accused sex offenders, and it his remarks, he referred to Dewey R. Stokes, guarantees a victim's right to address the president of the National Fraternal Order court at sentencing. of Police; Attorney General Dick Thorn- I'm very happy that a bipartisan coalition burgh; Barry Bonds and Bobby Bonilla, in the Senate has passed a crime bill that members of the Pittsburgh Pirates baseball includes most of the features in our original team; American hostage Col. William Hig- legislation. We now look for the House Judi- gins, who was executed by his captors in ciary Committee to act in an equally re- 1989; United Nations Secretary-General sponsible manner, so that the full House Javier Perez de Cuellar de la Guerra; and may follow suit. Judge Clarence Thomas, nominee for Su- To build upon this Nation's commitment preme Court Associate Justice. Following his to order, we must enact a comprehensive remarks, the President returned to Kenne- crime bill that lets police uphold our laws. bunkport, ME. But at the same time, we should be very careful not to make police responsible for creating peace everywhere. After all, the fight against crime is every- one's business. Families and neighborhoods, and schools and churches, and drug shelters and businesses and the media-everyone Statement on Signing the Intelligence must join this fight. You cannot do your jobs Authorization Act, Fiscal Year 1991 if citizens don't call you, don't trust you, August 14, 1991 don't work with you. And you can't turn bad people into saints. Today I have signed H.R. 1455, the "In- For 75 years, this organization, the Fra- telligence Authorization Act, Fiscal Year ternal Order of Police, has supported the 1991." men and women who have the tough duty I am pleased that the Congress has elimi- of keeping the peace. I pledge my support, nated the most serious problems identified and I offer this commitment: Our adminis- in my Memorandum of Disapproval of No- tration will help you take criminals off the vember 30, 1990, regarding its predecessor, streets, so that Americans can take back S. 2834 (101st Congress). In particular, I am their streets. pleased that the Act, as revised, omits any Barbara asked that I specifically bring you suggestion that a "request" by the United her greetings. She's up to her eyeballs in States Government to third parties may the grandchild business, as we're on vaca- constitute "covert action" as defined by the tion over there in Maine. [Laughter] But I Act. In addition, I am pleased that the re- want to just say this, since several in our vised provision concerning "timely" notice receiving line mentioned her. She agrees to the Congress of covert actions incorpo- with this and stands with you all, particular- rates without substantive change the re- ly the family aspects of this-the wives and quirement found in existing law. I reiterate the children who see their husbands out on my intention to proceed in this area as out- 1137 Clarence thom for - Losucerd Sut g Bin For Nominee Barr, an Unusual Path to Attorney proney General's Office WASH. POST: 11/12/91 sue leads of criminal activity at the Bank of "He was astute, personable, and he had a accepted the Supreme Court's ruling up- By Sharon LaFraniere Credit and Commerce International? The good finger on the pulse of what was going holding the statute. Washington Post Staff Writer alleged prosecutorial foot-dragging pre- on," said George Cary, former legislative As OLC chief, he provided legal reason- The road to the attorney general's office dates Barr's tenure, but the issue continues counsel for the agency. ing used by the administration to justify the traditionally is paved with good connec- Barr graduated second in his law school invasion of Panama and the arrest of Man- to dog the department. tions. Presidents have favored their cam- That Barr, 41, is a conservative goes class and left the CIA for a coveted clerk- uel Antonio Noriega. He also wrote an opin- paign managers, personal lawyers, top aides without question. Although some conser- ship with Malcolm R. Wilkey, a judge on the ion that states the administration has the vative groups initially questioned Thorn- D.C. Circuit Court of Appeals. power to arrest terrorists overseas, even in or, at least, a former senator or judge. burgh's credentials as a conservative, they The judge proved an important connec- violation of international law. Now comes William Pelham Barr, bu- reaucrat, whose legal career began only 14 have "a sense of confidence in Barr, to start tion. Wilkey, who once described Barr as After he became deputy attorney general years ago with night law classes at George off with that he is one of us," said Tom the perfect blend of "intellectual brilliance in May 1990, Barr advised Bush that he had Washington University. President Bush's Jipping of the Free Congress Foundation. and good common sense," helped Barr get a the legal authority to wage war against Iraq Barr told one associate jokingly: "The job at the Shaw, Pittman firm. He also in- without obtaining Congress's consent. At nominee for attorney general arrives at his troduced him to Mike Uhlmann, who asked the same time, however, he encouraged the confirmation hearings today before the Sen- most radical period I had probably was when I was sort of a moderate Republican." Barr to work on the Reagan administra- president to seek a congressional resolution ate Judiciary Committee through the wildly Barr "seems to be comfortable with" tion's transition team and, later, at the Rea- of support, saying it would put Bush in a unusual route of government service. Bush's antiabortion views, according to Pe- gan White House's office of policy develop- stronger position, according to "The Com- Legal observers compare Barr's nomi- ter Ferrara, a friend from the firm of Shaw, ment. manders," a book by Washington Post as- nation to President Jimmy Carter's selec- Barr's two years at the White House pro- sistant managing editor Bob Woodward. Pittman, Potts & Trowbridge, where Barr tion of Benjamin R. Civiletti, a consummate duced no legislation on his main issue of On other issues, administration officials handled civil cases for nine years. Barr also professional who became attorney general shares the broad interpretation of presiden- tuition tax credits for low-income parents of say Barr employed a kind of quiet determi- after a similarly rapid rise through Justice tial powers advanced by Bush and Gray. private school students. But he returned to nation and practical approach to his advan- Department posts. Like Civiletti, Barr is William Bradford Reynolds, who headed Shaw, Pittman with another important tage. After initially embracing an OLC opin- known as a cool-headed manager without the Justice Department's civil rights divi- friend: Gray, who then worked for Vice ion that appeared to narrow the scope of political ambitions. WILLIAM P. BARR President Bush. the inspector generals' powers, for exam- sion under President Ronald Reagan, said, In 18 months as deputy attorney general, "Bill is much more adamant and concerned favorable reviews but also uncertainties Barr left the law firm again to become an ple, Barr negotiated an agreement that re- assured the IGs of their authority without Barr was considered a conciliator at a Jus- about separation-of-powers issues than early supporter of Bush's presidential cam- tice Department in turmoil during most of Thornburgh was." paign, telling friends he admired Bush's abandoning the principle outlined in the taken aside by a nun, who promised to pray Attorney General Dick Thornburgh's ten- "There's been a strain of strong commit- for him. He told his high school guidance leadership at the CIA. He helped screen opinion. ure. Department officials say Barr tem- ment to executive power since the Reagan counselor he wanted to head the Central vice presidential candidates and answer the When Thornburgh tapped Barr as his administration, but it's a question of how Intelligence Agency. deluge of questions about Dan Quayle's deputy, Barr helped to bridge a painful gap pered candor with discretion, a strong will much of a good thing is too much?" said an- past, later aiding Gray in guiding Bush's between the aloof attorney general and a with a tolerance for the personalities and Rightly figuring the CIA needed Chinese presidential appointees through ethics ques- frustrated staff. His steady handling of a views of others. other former high-ranking Justice Depart- experts, Barr concentrated on Chinese But the favorable reviews that are ex- ment official, who spoke on the condition he studies as an undergraduate and graduate tions. hostage crisis at an Alabama prison after not be named. student at Columbia. He shied from college A choice position in the administration Thornburgh resigned in August also helped pected to win Barr easy confirmation are Barr has told friends his conservatism political organizations, but participated in a came through in early 1989, when Thorn- him catch Bush's attention. accompanied by uncertainties for some sen- and his interest in government came early. burgh, encouraged by Uhlmann, asked Barr One senior Justice Department official group that demonstrated against the sei- ators and former Justice Department offi- The second of four boys born to an academ- to head the Justice Department's Office of sees the difference between Thornburgh zure of administration buildings by student cials. Is Barr too much an advocate for pres- ic couple, Barr grew up on New York's Up- radicals in 1968. "I remember him as a sol- Legal Counsel. The OLC attracts little pub- and Barr at lunchtime. Under Thornburgh. idential power? Does his nomination mean per West Side. His father, an active Repub- id, thoughtful, dependable sort of fellow," lic attention but requires close contact with "we would have an unwritten agenda, the the final ascendancy of the White House lican, was an assistant dean at Columbia's said the Rev. Vincent J. Rigdon, a former the White House counsel's office. attorney general's agenda, at occasional counsel over the role of attorney general? engineering school and later headmaster of classmate. Barr's confirmation hearings provided a lunches. It was much more formal, hierar- Barr owes his advancement partly to pow- a New York City prep school. His mother He went from graduate school to the hint of his later advocacy for the powers of chical and structured," he said. "Bill has erful White House counsel C. Boyden Gray, taught English to foreign students. CIA's Chinese unit, and soon requested a the executive branch. Barr testified that he opened up the luncheons." who controlled the administration's civil As a kindergartner, Barr gave a speech transfer to legislative affairs. There he re- "entertained doubts" about whether the "Unless this guy is a superb actor and rights policy during Thornburgh's tenure. for Dwight D. Eisenhower. At his Roman viewed legislation and occasionally helped post-Watergate independent counsel stat- fooling everybody, he's a refreshing Can Barr counter criticism that the Jus- Catholic elementary school, he announced write testimony for the director, George ute violated the Constitution by impinging change," said another high-ranking Justice tice Department failed to aggressively pur- his support for Richard M. Nixon and was Bush, while attending law school at night. on the president's power. But he said he Department official. ris is his enough to sover stagem WALL ST.J. 10/21/91 120/225 An Attorney General's Brief No nomination is safe in the poi- are ever more desperate. Still, Justice sonous atmosphere of Washington, but Thomas proved that resolute nomin- we detected a sigh of relief at both ees can prevail even if they have pa- ends of Pennsylvania Avenue when per trails. Justice can help protect the President Bush nominated William personal reputations of nominees, per- Barr for Attorney General. Despite haps starting with a criminal investi- his conservative credentials, the low- gation into the Thomas-hearing FBI key Mr. Barr probably won't draw the leak. long knives on Capitol Hill. After a Protecting the Presidency. Until decade of personal attacks on Edwin recently, Mr. Barr ran Justice's Of Meese and the PR problems of Dick fice of Legal Counse] which helps de- Thornburgh, it will be good to have an fend separation of powers, Next year, Attorney General in a position to the Attorney General could help stop make the issues the issue. of powers reauthorization of budgetless, perma- President Bush chose Deputy At- nent, single-target special prosecutors torney General Barr over several appointed by Congress to criminalize well-known politicians in part to save policy differences with the President's the staff briefings every time a legal aides. Lawrence Walsh is the best ar- crisis occurs. There is often no time gument that the law doesn't need such for this luxury, whether it's an uncon- excesses. Barr stitutional demand from Congress or Taming Envirolitigators. Vague some off-the-reservation federal pros- environmental laws created a growth ecutor planning to indict a foreign industry in lawsuits and criminal head of state It's also a sign that Mr. prosecutions, which have the main ef- (Bush expects the Justice Department fect of driving up the cost of doing associatio to play its part in his domestic agenda business in this country. The blood- item of removing the grotesqueries sport prosecution of Exxon for the from American law. Reform needs all Alaska oil spill alleged that the acci- the help it can get: dent was intentional. The huge settle- Lawyers Need Bashing. Dan ment included the curious admission Quayle started the fight for tort re- that the spill amounted to hunting mi- form, joined by Solicitor General Ken- gratory birds without a license. Wet- neth Starr, but only the full weight of lands are a special problem, with Jus- fort the Justice Department can go shoul- tice prosecuting people who clear rub- der to shoulder with the plaintiff-law- bish off what some bureaucrat des- yer bar and its PACs. The organized ignates as a wetland. Instead, Justice reform bar opposes the litigation-dampening should enforce the Takings Clause of idea that the winning party should get the Constitution by insisting on com- his legal fees paid, and will fall on its pensation for owners from losses in sword to keep the lottery of punitive value due to wetlands protection. damages. The main reform hurdle is An End to RICO? Justice has been the high percentage of Members of on the wrong side of the RICO debate Congress who were and could again ever since Rudy Giuliani discovered be. trial lawyers. that yelling Racketeer was easier Credit-Crunching Lawsuits. Attor- than proving real crime. Mr. Quayle neys. General usually don't worry has sent word that he expects Justice about the economy, but that was be- to get on board behind reforming civil See RICO, such as the absurd racketeer- fore the law helped create this reces- sion. Bankers and their would-be cus- ing cases between heirs, Fortune 100s and feuding rabbis. tonters understand the chill from Mr. Barr would take office at a overzealous regulators, who know that Congress and federal prosecutors are crossroads. With Justice Thomas, 'it looks as if the next ideological divide still looking for scapegoats. The junk- bond market may rebound, for exam- in the Supreme Court will be between ple; but government lawsuits against conservatives and libertarians, no longer between conservatives and lib- Michael Milken allege it's all a hoax. erals. Economic liberties should also Last. week prosecutors argued that while Mr. Milken has cooperated, he rise to the top of Justice's agenda. If should rot in jail because he hasn't Mr. Barr needs aides who understand given them any new scalps. Appeals these issues, University of Chicago courts meanwhile are busily overturn- Prof. Richard Epstein and George ing securities convictions that judges Mason Law Dean Henry Manne can believe were based on witnesses, such provide references. as Ivan Boesky, whose "cooperation" More than ever, this is a country was making up stories. where every issue, from abortion to declaring war, somehow becomes a More Clarence Thomases. The ju- legal issue. We hope Attorney General dicial-nomination process at all levels Barr will take the lead in returning of the federal courts may get even the law to its proper; more modest seamier now that the special interests role. POST: 10/17/91 Barr to Be Named Attorney General to Succeed Thornburgh By John E. Yang 120 The president, impressed by Barr's Panama that led to the arrest of Pan- began repairing Thornburgh's polit- and Sharon LaFraniere 22T handling of a prisoner uprising at the amanian dictator Manuel Antonio ical damage. Washington Post Staff Writers Talladega Federal Correctional In- Noriega. Barr also wrote a contro- "People feel comfortable around stitution in Alabama in August, versial opinion saying that the pres- him," said William Bradford Reyn- President Bush said yesterday he added: "He's been tested by fire." ident has the authority to order the olds, former head of the depart- would nominate acting Attorney "I'm honored that you have select- FBI to arrest fugitives in foreign ment's Civil Rights Division who General William P. Barr, who has ed me," responded Barr, who was countries without the consent of worked with Barr at Shaw, Pittman, been running the Justice Department told he had been chosen 45 minutes those governments Potts & Trowbridge and when Barr since Dick Thornburgh returned to before the announcement. "What Barr was selected over candidates was on the Reagan White House do- Pennsylvania two months ago to run makes it a particular honor is the with more political backgrounds, in- mestic policy staff. "He's got a way for the Senate, to take the job per- opportunity to serve a president who cluding Missouri Gov. John Ashcroft of listening well, he's sensitive, manently. is such a strong supporter of law en- (R) and former California governor. think he's extraordinarily effective forcement." While the timing of the announce- George Deukmejjan (R). In the end, dealing with people." Administration officials, described it came down to a choice between ment was a surprise-a Rose Gar- as "exhausted" by the battle over the Barr helped screen vice presiden- den ceremony honoring federal law Barr and Transportation Secretary tial possibilities in Bush's 1988 cam- nomination of Clarence Thomas to Samuel K. Skinner, according to ad- enforcement officials-the selection paign, served on the transition team the Supreme Court, wanted to wait ministration officials. was not. Barr, described as a prag- and is said to have a strong endorse until that was over before sending His nomination was welcomed by matic conservative with good polit- ment from Robert M. Teeter, a sen- another nominee to the Senate. conservative legal groups. "He has ical instincts, was "the leading can- As it is, the administration still ior Bush political adviser. During his been a consistent conservative voice tenure in the Reagan White House, didate all along" for the job, White faces a fight over the nomination of within the administration," said Clint Robert M. Gates, Bush's deputy na- Barr also got to know C. Boyden House press secretary Marlin Fitz- Bolick of the Institute for Justice. tional security adviser, to run the Gray, Bush's counsel as vice pres water said. "He's not a crusader but give Central Intelligence Agency. The ident and as president. He is "Bush's kind of guy. He's REUTER him a legal issue and he will gener- Senate Select Committee on Intel- In a Rose Garden surprise, Bush announces selection of William P. Barr, left. Barr, who plays bagpipe as a smart, political, aggressive without ally come down on the conservative being obnoxious and does not grand- ligence is to vote on Gates Friday. hobby, received bachelor's and mas side." stand," another administration offi- Senate Judiciary Committee in digging up information that Sen. ter's degrees in Chinese studies from the novel, "The Exorcist," according Justice Department officials and cial said. Barr, 41, would be the Chairman Joseph R. Biden Jr. (D- Orrin G. Hatch (R-Utah) used at the Columbia University and worked at to congressional aides. Barr's former colleagues praised him Del.) pledged "fair and thorough hearing to suggest that Hill fabri- the Central Intelligence Agency youngest attorney general since In addition, Barr could face ques- yesterday as personable and concilia- hearings" for Barr. Committee Dem- cated her testimony. tions about the legal opinions he monitoring Chinese radio broadcasts. Ramsey Clark in 1967. tory. He became deputy attorney ocrats, embittered by committee Justice Department attorneys wrote that sanctioned the assign- He attended night classes at George Bush called Barr "a thorough pro- general last year when Thornburgh Republicans' treatment of Anita F. used a computer search to find a fed- ment of U.S. military forces to law Washington University Law School, was being criticized on Capitol Hill fessional, a defender of individual Hill, who alleged Thomas sexually eral court decision that mentioned enforcement operations overseas, graduating second in his class. and in the Justice Department as iso- rights and a person absolutely com- harassed her, could question Barr "Long Dong Silver" and recalled a used by the administration in plan- lated and unresponsive. Barr took Staff writer Ann Devroy contributed mitted to this fight against crime." about the Justice Department's role reference to pubic hair in a drink in ning the December 1989 invasion of over the day-to-day operations and to this report. 10/17/91 Youthful acting deputy named to head Justice By Frank J. Murray 225/120/6 George Washington University, eign leaders and abduction of offi- achievement of the values of the THE WASHINGTON TIMES where he graduated in 1977 second WILLIAM P. BARR cials and others abroad who are U.N. charter." in a class of 297. Assistant generalt drug traffickers or terrorists in re- Mr. Barr also aroused Senate Ju- President Bush chose William P. He has told associates he studied sponse to actual or threatened at- diciary Committee member Arlen Barr yesterday to be his attorney law while working as a CIA Sinolo- Born: May 23, 1950, n:New-York City tack. Specter, Pennsylvania Republican, general, capping the meteoric rise gist because "there's not much of a Family: Wife: Christine, and three children: Mary, During hearings on the 1989 ab- by refusing to appoint independent of a legal whirlwind who stirred secondary market for people who Patricia and Margaret duction policy, Mr. Sofaer agreed counsel in a case involving persons storms in Congress over policies he counted rivets in Chinese tanks." Education: Bachelor's degree, Columbia University, with Mr. Barr that the president close to Mr. Thornburgh. They were drafted on overseas abduction and The lifelong Republican helped 1971. Master's degree, Columbia University, 1973. could Vignore international law and indicted anyway after a probe Mr. assassination. screen vice presidential possibili- Law degree, George Washington University, 1977. seize such people as Panamanian Barr called "thorough, professional "I have chosen an individual who ties and defended the choice of Dan Career highlights: officer, CIA, 1973-77 President Manuel Antonio Noriega and fair." is a thorough professional, a de- Quayle in the 1988 campaign. He vol- Associate, law firm of Shaw, Pittman, Potts and without the consent of other nations, Mr. Barr himself was not giving fender of individual rights and a per- unteered to work with General Trowbridge, 1978-82 and-1983-84; partner. 1985-89. but warned of major diplomatic and interviews yesterday, reserving his son absolutely committed to this Counsel Boyden Gray during the Deputy assistant director, for the White House political risks; Rep: Don Edwards, fight against crime," Mr. Bush said domestic policy staff, 1982-83. Assistant attorney opinions for the Senate confirmation transition and advised the Deputies California Democrat and chairman in nominating the acting attorney general, Office of Legal Counsel, U.S. Justice hearings. His wife, Christine, is a Committee during international cri- of the House Judiciary subcommit- Department, 1989-present. school librarian. They have three general five months after an- ses. It was in that capacity that he tee hearing the testimony, said Iran children and live in Falls Church. nouncing that Dick Thornburgh drafted the legal justification for the Source: Who's Who in America. 1991 cited the Justice Department opin- would quit to run for the Senate. Panama invasion in 1989. The Washington Times ion to claim the right to kidnap fugi- Mr. Thornburgh was traveling Mr. Bush reportedly decided on "He is a known quantity with a as Mr. Thornburgh's legal counsel, Mr. Barr has been credited with tives within the United States. and unavailable for comment, but the choice weeks ago but held off team in place at Justice, has a lot of his deputy in a 1990 shakeup and streamlining the Justice Depart- "All these things would pass mus- department spokesman Dan Era- telling Mr. Barr and placing another support in the department, has a acting attorney general. ter under domestic law but under mian said the former attorney gen- ment and formulating equally bold key official on the Senate Judiciary good reputation on Capitol Hill and His star rose sharply at the White legal policies affecting the most co- international law they would be a ca- eral was pleased. Committee agenda until the Cla- a lot of strong relationships within House after he ordered a bold pre- vert and sensitive government ac- tastrophe for the president himself," "I know the attorney general be- rence Thomas matter was closed, the law enforcement community in- dawn raid to end a prison uprising at tions. Mr. Sofaer said in a telephone inter- lieves Bill did an excellent job as White House Press Secretary Mar- cluding state and local prosecutors," Talladega Federal Correctional In- "Even though he's relatively view from Palo Alto, where he is deputy attorney general and feels he lin Fitzwater said. said a senior administration official stitute in Alabama in August, when young, he's extremely experienced," teaching at Hoover Institute. will be a strong and effective leader Mr. Barr, 41, is widely considered familiar with the president's view of 121 Cuban detainees held nine hos- said former State Department legal He called Mr. Barr "a strong sup- at the Department of Justice," Mr. a brilliant workaholic. He began his Mr. Barr. tages for 10 days. The four-minute counsel Abraham Sofaer, 53. He col- porter of the notion that we as a Eramian said. career as a CIA specialist on China In the 30 months since April 1989 raid surprised the inmates and re- laborated with Mr. Barr in writing country should not permit the use of Jerry Seper contributed to this while attending night law school at Mr. Barr has been a lawyer's lawyer sulted in release of the hostages. policies on the assassination of for- international law to undercut report. WALL ST.J. 10/17/91 Bush Picks Barr For Attorney General Post Nominee, With Intelligence Background, Is Regarded rights, and a person absolutely committed Asa Tough Conservative to this fight against crime." At the White House and inside the Justice Department, 225/120 712 By PAUL M. BARRETT 76 Mr. Barr has received credit for improving management at the agency, since taking Staff Reporter of THE WALL STREET JOURNAL control of day-to-day affairs 16 months WASHINGTON-President Bush nomi- ago. nated as attorney general William Barr, a If confirmed, Mr. Barr would take over self-deprecating conservative with experi- a department under fire for allegedly fail- ence in intelligence matters and a reputa- ing to pursue the Bank of Credit & Com- tion for hard-nosed dealings with Con- merce International scandal aggressively. gress. Department officials also are worrying Mr. Barr, who has served as acting at- about how to respond to indications of torney general since Dick Thornburgh quit widespread fraud in the insurance and pen- the job in August to run for the U.S. Senate sion industries. from Pennsylvania, represents a choice by Mr. Barr began his Washington career the president of competence and continuity as a legislative staff member at the Cen- over political stature. tral Intelligence Agency in the mid-1970s, Mr. Barr, a veteran of the Reagan ad- when George Bush headed the CIA. During ministration with strong personal ties to a period of turmoil and congressional criti- the Bush camp as cism of the agency, Mr. Barr prepared tes- well, is almost un- timony for Mr. Bush and accompanied him known outside of the to Capitol Hill on several occasions. The capital. Yet he was two also share an interest in China; Mr. picked over several Bush was ambassador to the country and other candidates Mr. Barr earned bachelor's and master's with national politi- degrees in Chinese studies from Columbia cal standing. At 41 University. After Mr. Barr completed his years of age, he is law degree by taking night classes, Mr. relatively young for Bush recommended him for a prestigious the country's top federal court clerkship. law enforcement Mr. Barr went to work in 1982 for the post. Reagan administration's policy-develop- The nomination ment office and became friendly with Boy- requires confirma- William Barr den Gray, counsel to then Vice President tion by the Senate, George Bush. Mr. Gray, who is now White which isn't expected to put up much oppo- House counsel, supported Mr. Barr for the sition, especially after the grueling battle attorney general's job. Mr. Bush decided over Clarence Thomas's Supreme Court on Mr. Barr several weeks ago but kept appointment. Mr. Barr, who typically the choice secretantil the Thomas confir- wears a rumpled suit to the office and mation had been completed. according to plays the bagpipes for relaxation, declined administration officials. to comment, other than to admit it had Mr. Barr returned to private law prac- been "quite a day." tice in the mid-1980s, but quit his partner- Washington conservatives celebrated ship in a big Washington firm to work for the selection, which President Bush an- the 1988 Bush campaign and then the presi- nounced at the White House, catching Mr. dent's transition team. He was named an Barr and other administration aides. by assistant attorney general in 1989. surprise. "Once in a while, it happens that Mr. Barr wrote a series of secret legal someone advances without a public rela- opinions justifying the December 1989 U.S. tions army," said Michael Uhlmann, Mr. invasion of Panama and the arrest by U.S. Barr's former boss in the Reagan White forces of Manuel Noriega. A strong propo- House. "Bill is someone who through fortu- nent of executive-branch prerogatives, he itous circumstances was thrust into posi- also battled with Democratic lawmakers tions of responsibility and proved his over a separate opinion broadening the merit." Federal Bureau of Investigation's author- In August, Mr. Barr personally super- ity to snatch terrorists abroad, without vised the dramatic rescue of nine hostages seeking the permission of foreign govern- held in a federal prison in Alabama by Cu- ments. ban detainees trying to avoid deportation As Mr. Thornburgh suffered a series of to their homeland. President Bush went embarrassing political setbacks, some at- out of his way to praise Mr. Barr's order- tributable to his longtime personal staff ing a risky pre-dawn raid on the prison by from Pennsylvania, he turned increasingly hundreds of federal agents. Privately, the to Mr. Barr for help on management prob- president complimented Mr. Barr for not lems and eventually promoted him to dep- "grandstanding" about the rescue, accord- uty attorney general. ing to administration officials. At yesterday's White House announce- Other, more politically prominent peo- ment, Mr. Bush said his nominee had been- ple who had been considered for the attor- "tested by fire" during the prison uprising. ney general's job included Missouri Gov. The president called Mr. Barr "a thorough John Ashcroft and former California Gov. professional, a defender of individual George Deukmejian. -John Harwood contributed to this arti- cle. N.Y. TIMES 10/17/91 Attorney General Pick With a Low-Key Style 225/120 William Pelham Barr By DAVID JOHNSTON group was fighting an order by Federal House, other executive branch depart- Special to The New York Times District Judge Patrick F. Kelly re- ments and the Attorney General. It was WASHINGTON, Oct. - William P. stricting demonstrations at abortion in this role that Mr. Barr broke into Mr. Barr, President Bush's nominee as At- clinics in the city. Thornburgh's Inner circle of advisers. torney General, is a bagpipe-player, Department officials insist that the That circle had previously been domi- China scholar and one-time employee motion was not an effort to take a stand nated by a handful of close aides who at the Central Intelligence Agency who on behalf of the demonstrators but a had served with Mr. Thornburgh when got his law degree in night school and restatement of a departmental legal he was Governor of Pennsylvania. has never prosecuted a position that the Federal courts lack Not long after Mr. Barr took over as Man criminal case in court. jurisdiction in such cases. They said the department's No. 2 official in mid in the He has served as Acting the move was mainly in response to 1990, he said he hoped to apply the law. Attorney General since Judge Kelly's highly detailed instruc- with fairness and integrity, but he add- News Dick Thornburgh left two tions to Federal marshals who were ed a cautionary note. 'Apart from that, months ago to run for the brought in to keep the clinics open. my main goal is to survive," he said. Senate in Pennsylvania, and his affa- Mr. Barr has also assumed a role in "This is a tough job. There are mine ble, unpretentious style at the Depart- a long-running dispute with a House fields every day, and I just hope I can ment of Justice has been an antidote to Judiciary subcommittee. over a 1989 get through the day without stepping on the aloof and sometimes imperious ap- legal opinion that concluded that Unit- one." proach of Mr. Thornburgh. ed States law allows F.B.I. agents to Mr. Barr's most difficult test so far arrest people charged with crimes in came just three days into his tenure as this country and who have fled over- the department's top official, when Cu- seas without obtaining the permission ban inmates at the Talladega Federal of the country involved. Correctional Institution in Alabama An Early Showdown seized 10 hostages in an effort to avoid being returned to Havana. The efforts by the panel, the Judicia- ry Subcommittee on Economic and Trial by Fire Commercial Law, to obtain the opinion, The incident thrust Mr. Barr into-a which was written by Mr. Barr, nearly tense drama in which he was forced to provoked a showdown on the Constitu- make a difficult choice between equal- tion this summer. The two sides even- ly dangerous alternatives. He decided tually agreed to negotiate a compro- early that the Government could not mise that would provide lawmakers agree to the inmates' demands for with limited access to the document. freedom, but he became increasingly William Pelham Barr was reared in fearful that the lives of the hostages New York City, the son of an educator were at risk in the hands of the in- who was once dean of the Columbia mates, who included a number of vio- University engineering school. He is lent offenders. married and lives in suburban Virginia It was Mr. Barr who ordered the with his wife, Christine, a school librar- Federal Bureau of Investigation's Hos- ian, and their three children. tage Rescue Team to storm the cell After graduating in 1973 from Co- block where the hostages were held in lumbia University with a master's de- a pre-dawn assault, armed with high- gree in Chinese studies, Mr. Barr powered weapons and grenades de- worked at the C.I.A. and completed signed to stun but not injure anyone. George Washington University law hostages were rescued unharmed school at night. He first entered private and no shots were fired. practice in 1978, mainly in civil law and Mr. Barr, who is 41 years old, has a Federal administrative matters. solid conservative track record, work- ing mainly behind the scenes to ad- Mr. Barr landed on the fast track vance the Bush Administration's main when he took a job in 1982 as a lawyer law-enforcement programs, including for the Domestic Policy Council in the its crime bill and its proposals to at- Ronald Reagan White House. It was tack savings and loan fraud. there that he met allies who have Less clear are Mr. Barr's views on helped him since then, including C. other matters in which the department Boyden Gray, who was counsel to Mr. plays a role, including civil rights and Bush when he was Vice President. abortion. But Mr. Barr agreed with the After Mr. Bush's election as Presi- department's decision to file a motion dent, Mr. Barr joined the department in Federal court in Wichita, Kan., last as Assistant Attorney General in August that was widely perceived as charge of the Office of Legal Counsel, siding with an anti-abortion group. The which provides advice to the White Bank Inquiry Widened, Justice Dept. Nominee Says 11/14/91 225/120/165 By DAVID JOHNSTON Special to The New York Times bring: all open mind to the enforce- Mr. Barr, continued his resolute de Mr. Barr's contu mation hear Ings ended after today's session, and a vote Hearings on ment of the fundamental right of pri- fense of the department's perform WASHINGTON, Nov. 13 - William P. Barr, President Bush's nominee to by the committee could come by the end of the week in an effort to have a Bush's choice for vacy, including a woman's right to ance, saying the agreement was "an choose," she said in a letter to Senators excellent deal for the Government," be Attorney General, said at his confir- on the committee. "For this reason I that resolved a case with a penalty that. mation hearings today that the Justice full Senate vote before Thanksgiving. Attorney General urge you to reject this nominee." was three times higher than had ever Department's investigation of the Few Openings Found been paid by any American financial Bank of Credit and Commerce Interna- Special Counsel Named The hearings came as a tepid coun- end quietly. institution in a criminal case. tional had expanded to six American terpoint to the brutal hearings on Clar- Mr. Barr also told the Senators that cities from four. ence Thomas's nomination to the Su- he had named recently retired Judge Until today, the Justice Department preme Court and the protracted exami- Nicholas J. Bua of Federal District said its inquiry into B.C.C.I. was under nation of Robert M. Gates's qualifica- Court in Chicago as a special counsel to way in Atlanta, Miami|| Tampa and tions to head the Central Intelligence day's session, as they did on Tuesday conduct a "top-to-bottom review" of Washington. In response to questions in Agency. Senators on the committee when the hearing opened. But Mr. Barr the long running dispute between the the second day of hearings by the Sen- showed little interest in aggressively also addressed several other issues Justice Department and Inslaw Inc, a ate Judiciary Committee, Mr. Barr said the investigation had widened to questioning Mr. Barr, a 41-year-old ca- raised by committee members. computer company that accused the include two other cities. reer lawyer, whose three years of expe- Opposes Roe V. Wade department of stealing its software de- rience at the Justice Department pro- signed to help prosecutors keep track Mr. Barr did not identify the other Mr. Barr said he disagreed with Roe vided few openings for a concerted of cases. cities, but other Justice Department V. Wade, the 1973 Supreme Court deci- attack. Mr. Barr insisted at the hearing that officials told reporters during a break sion that established a constitutional Following former Attorney General he was "not aware of any impropriety in the hearing that Los Angeles was right to abortion. "I don't believe a Dick Thornburgh, whose icy disdain for having ever been established" in the one of them. right to privacy extends to abortion," the committee was recalled by several Inslaw case. said Mr. Barr, adding that "Roe versus Loans to a Politician Senators at the hearings, Mr. Barr William Hamilton, who owned the Wade was wrongly decided" and The investigation in Los Angeles in- seemed to disarm the panel by his company, said today that the appoint- "should be overruled." volves Independence Bank of Encino, promises to consult with senators on ment was "an important step in the Senator Joseph R. Biden Jr., a Demo- their pet proposals and reconsider right direction," but he insisted that an an institution that was secretly ac- crat of Delaware and chairman of the ideas that languished under Mr. Thorn- independent prosecutor should be quired by B.C.C.I. in 1985, law enforce- committee, said he was "astounded" ment officials said. Federal regulators burgh. named in the case. by Mr. Barr's direct response to his have ordered the Luxembourg-based Questions from Democrats and Re- question on the subject, although both B.C.C.I. Agreement Criticized bank to divest its interest in Independ- publicans about the department's slow former Attorney General Dick Thorn- At today's hearing, Senators again ence. response to accusations of criminal burgh and Edwin Meese 3d also es- criticized the Justice Department's The Los Angeles Times reported Sat- wrongdoing at B.C.C.I. dominated to- poused similar views on abortion as only successful prosecution against the urday that Federal investigators had Attorney General.. B.C.C.I., a case in Tampa, Fla., that in recently focused on $26 million in loans Mr. Barr's responses brought an im- early 1990 resulted In the conviction of from the bank to State Senator Alan mediate reaction from abortion rights five bank executives and an agreement Robbins. The newspaper quoted the advocates Kate Michelman, executive in which a subsidiary of the bank for- chairman of the bank as saying that director of the National Abortion feited $15 million. the bank extended unsecured loans to Rights Action League, urged senators Senator Howard Metzenbaum, Dem- Mr. Robbins without the customary to oppose Mr. Barr's nomination. ocrat of Ohio, said the deal "gave away financial review. "I do not believe that Mr. Barr far too much for far too little." Mr. Robbins, a lawyer and real es- tate broker, has not been charged with any wrongdoing and denied that he had received any special consideration from the bank. WASH. TIMES 11/14/91 Roe should be overturned, Barr tells Judiciary panel By Jerry Seper THE WASHINGTON TIMES 225/120/101 [He] has won praise Barr, 41, as attorney generalon Oct 16 to succeed Dick Thornburgh He from Democrats and has won praise from Democrats and Attorney General-designate Wil- Republicans on the committee, and liam P. Barr, in candid confirmation testimony before the Senate Judi- Republicans on the his confirmation seems assured. During testimony yesterday, Mr. ciary Committee, said yesterday committee. Barr also reiterated promises he that the Supreme Court's 1973 de- made Tuesday that an investigation cision legalizing abortion nation- Georgia and by implication over- of the Bank of Credit and Commerce wide was "wrongly decided" and turning restrictive abortion laws in International was proceeding and should be overturned. 44 other states. would result in criminal indict- Mr. Barr, in his second day of tes- The 7-2 ruling said women have a ments. timony, said abortion and the right of constitutional right to abortion as "We have a far-reaching and ag- privacy were "legitimate issues" for part of their right to privacy. The gressive investigation under way of state legislatures but not for the fed- decision has been the subject of na- all allegations that have surfaced," eral government. tional debate ever since. Mr. Barr said. "I'm confident that as "There is a right to privacy in the "The basic issue is whether or not the evidence sufficient to support an Constitution. I do not believe the abortion should be something that is indictment comes into our posses- right to privacy extends to abortion," decided by society, by the people, the sion, there will be indictments." he said. "My views are consistent extent to which it is permitted, the Mr. Barr also said he has ordered with the views that have been taken extent to which it is regulated." Mr. an inquiry into allegations that for- by the [Justice] Department since Barr said. "Those are legitimate is- mer Justice Department officials 1983, which is that Roe V. Wade was sues for state legislatures to deal conspired to steal a software pro- wrongly decided and should be over- with. gram from Inslaw Inc., a Washing- ruled." "Roe V. Wade basically, in my view, ton computer firm. He said the in- The court ruled in Roe VS. Wade foreclosed any kind of role for soci- quiry will be conducted by retired that a state may not prevent a woman ety to place regulations on abortion. U.S. District Judge Nicholas Bua. from having an abortion during the It is the law of the land, and until it's first six months of pregnancy, invali- "This case has gone on for many overruled it remains the law of the dating abortion laws in Texas and years with layer after layer of allega- land." tions, some of them strange," Mr. Mr. Barr's candid response to Barr said in response to a question questions by Sen. Howard M. from Sen. Paul Simon, Illinois Metzenbaum, Ohio Democrat, on Democrat. "I am not aware of any constitutional guarantees of privacy impropriety ever having been estab- seemed to catch some committee lished. However, I am interested, as members by surprise. this case goes on and on, to get to the "You've given the first candid an- bottom of it and bring it to some kind swer anyone has given on Roe V. of resolution." Wade that I can remember in God Inslaw charged that former At- knows how many years," said com- torney General Edwin Meese III and mittee Chairman Joseph R. Biden others conspired to steal a software Jr., Delaware Democrat. "We've be- program developed by the firm for come accustomed to the lack of can- the Justice Department to deliver to dor, and I appreciate it very much." a longtime friend. Mr. Meese has de- President Bush nominated Mr. nied the allegation. Administration of Ronald Reagan, 1988 / Aug. 12 ut change. Well, we've future on a blind date. [Laughter] And, George, would you step up here for a steady change-change After 8 years of working together, we minute? I figured with the convention know that George Bush will be a great coming up in which you will be the stand- n the American people President who will continue and expand ard-bearer and so forth you could probably n talk, not results, who what we have built together. I've often said use that gavel. And if not there, from expe- they called me and that George Bush has been the best Vice rience I can tell you there will be a lot of se-busters. [Laughter] President in history, but you can also see meetings with congressional leadership in wn who talks and who that being number two must have been a which you can use that. [Laughter] way that America will new experience for a man who was captain The Vice President. Thank you very of the ball team, who started his own busi- much. e only two things that ness, and who piloted his own plane. He's nderstand: the things been a great Vice President, but I think Note: The Vice President spoke at 11:14 a.m. he things that don't. George will be an even greater President. in Room 450 of the Old Executive Office omy and technology- So, thank you all, and God bless you all. Building. and under us, they r. But America's basic I family values-they Remarks at the Swearing-in Ceremony for Richard L. Thornburgh can people believe in? as Attorney General of the United States wrong, putting crimi- keeping them there— August 12, 1988 noting excellence in g the Pledge of Alle- The President. Well, as you obviously never before to stop drug runners from tradition of peace know, we're here today to welcome into smuggling illegal drugs into the United and upholding the the Cabinet a man of great ability, Ameri- States. The results of that work and the is is also what we be- ca's 76th Attorney General, Richard Thorn- work that Attorney General Meese led are one reason why the burgh. incredible-cocaine seizures are up by over going to vote with us Dick Thornburgh comes to this post fol- 1,800 percent and over half a billion dollars by we're going to hold lowing a career of enormous distinction: in boats, bank accounts, homes and planes, George Bush. U.S. Attorney, Assistant Attorney General, and other property owned by drug lords it our record in the Governor of one of our largest States. Dick was seized last year alone. f us can be a force for Thornburgh has been all these and more. Today the drug war is international. L the national debate. Along the way, he has put mobsters behind When we took office, only two nations had d of success is impor- bars, he has fought for integrity in govern- drug eradication programs; today 23 do. the proof that our phi- ment, and has shown himself to be a leader And our Justice Department and the Italian George Bush's policies under fire. And now, he's taking over a De- Ministry of Justice have worked together to ts talk; George Bush partment of Justice that is building one of produce an unprecedented number of con- h is that what we've the proudest records for fighting crime, victions against members of organized beginning; the best is particularly for fighting drug criminals, in crime. Our prosecutors also recently won people elect George our history. the conviction of one of the four founders merica continues the Here are some facts that speak for them- of the largest Colombian cocaine cartel, pólicies of the last 8 selves. Between 1976 and 1980, drug cases Carlos Lehder. And not long ago, our e, believe me, will be brought by the Justice Department fell by agents arrested another major Latin Ameri- Nineties. more than 44 percent. Convictions plunged can drug kingpin, Juan Ramon Matta. And ist their vote this year by nearly 50 percent. Since 1980, Federal he'll be cooling his heels behind bars for a : 8 years. But I expect drug cases brought have almost tripled and long time to come. vote for George Bush convictions have gone up nearly 167 per- In short, we are team-tackling the drug r voting for him once cent. To fight the war against drugs and rings, hitting them at their heads and at know that he's their organized crime, we've hired more than their feet and everywhere in between. and prosperity today 4,000 new agents and prosecutors. And Earlier this week there was an assassina- hore peace and pros- under Vice President Bush's leadership, tion attempt made on the Secretary of frankly, I don't think Federal, State, and local law enforcement State. Initial reports said the attempt was want to gamble their officials have been working together as linked directly or indirectly to the drug 1067 Aug. 12 / Administration of Ronald Reagan, 1988 trade. If these reports are true, this desper- tinue to join me in urging the Senate to act reminder of the ate move is another sign of how badly we're quickly on our judicial nominees. society. He obs hurting the drug trade. We must keep up And in the meantime, we're grateful to ance we have 0 and step up the pressure. have you as our nation's leading crime the premium And Dick, you're just the man I want fighter. I know that you'll continue in your message for th taking the helm at the Justice Department long tradition of serving the public with ex- My thanks 01 at this critical time. As a prosecutor and as a cellence, integrity, and distinction. So, Dick dent. And my t Governor, you earned a nationwide reputa- and Ginny, congratulations, and welcome tion for attacking the drug problem head aboard. on and cracking down on drug traffickers. Attorney General Thornburgh. Mr. Presi- And you've already indicated that as Attor- dent, Mr. Vice President, my good friend Proclamatic ney General you will again make the war and distinguished Justice Nino Scalia, against illegal drugs a top priority. family, friends, and colleagues, 1 month ago August 12, 1 But I know that you can't do the job today, Mr. President, you announced your alone. The Senate recognized the impor- intention to nominate me to the high office By the Presider tance of your nomination by acting on it of Attorney General of the United States. of America with rare speed, and let me thank the Senate for its action. The Senators ad- Today I undertake the duties of that office A Proclamation dressed this nomination with businesslike with pride and with enthusiasm. As many here know, I have spent much The people seriousness. In doing so, they put national interest above all other interests. And now of the last year and a half with young much to our ( it's time for the Senate to recognize, as people-students, the next generation of the years who American leaders. And as you also know, the achieveme well, the vital importance of this nation's judges to our efforts in the drug war. It's Ginny and I have shared the wonderful ex- portunity, equ time to act on the 30 judicial nominations perience of raising four fine sons of our mutual respec that we have submitted but have yet to own. I have accordingly acquired a special Americans ha reach a floor vote. Dick, I know that you perspective on the priorities you and I promise of th share for Federal law enforcement, Mr. ence is a uni' mentioned the great need for those judges at your confirmation hearings. And recently President. For example, I firmly believe God has gran that unless we sustain a vigorous effort to unalienable R the judicial conference declared a state of judicial emergency because of the many make drug trafficking and drug abuse Life, Liberty a nominations that the Senate has hanging. public enemy number one, we could well and that our Our law enforcement people can investi- stunt significantly the capacity of today's cans is to guar gate and bring to court all the drug traffick- young people to contribute to a better qual- always. ers in the world, but without an adequately ity of life for tomorrow's America. The protec staffed judiciary of tough-minded judges, I accept your challenge as well, Mr. Presi- champions in many of them may be back on the streets in dent, to devote every resource of the De- years ago this no time. partment of Justice, consistent with strict Luther King, Some say the Senate is simply playing observance of the civil rights and civil liber- ington in th politics as usual, but this is not politics as ties of all our citizens, to fight other unique helped awake usual. In 1980 only 17 nominations had not threats to our traditional values and institu- a strong and been acted on by the end of the year. And tions-organized crime and racketeering, to be genuin of these, all but five had been nominated official corruption, and white collar crime- The annivers on or after the end of July. Well, some of as well as to protecting the first civil right time for all our nominees have been waiting for a year of every American, the right to be free achievements and a half. For example, Pamela Rymer, from fear in our homes, on our streets, and the need for who has already proven herself to be tough in our communities. But as you have often stant effort against crime as a district court judge, has noted, Mr. President, government cannot equality for al been waiting for Senate approval as an ap- offer alone the sole solution to these prob- peals court judge since April, even though lems. Citizens have obligations too. she received the ABA's highest rating of Today I took my oath of office on a Bible confidence. The Senate's inaction throws a once belonging to William Penn, the found- monkeywrench into the wheels of the war er of my beloved Commonwealth of Penn- on drugs. And Dick, I know that you'll con- sylvania. I would commend to all Penn's 1068 Administration of Ronald Reagan, 1988 / Aug. 12 the Senate to act reminder of the citizens' obligation in a free you who have joined us for this most fulfill- ninees. society. He observed: "Justice is the insur- ing occasion for me and for my family. we're grateful to ance we have on our lives, and obedience is Thank you very much. is leading crime the premium we pay for it." Not a bad continue in your message for this great nation even today. Note: The President spoke at 11:57 a.m. in he public with ex- My thanks once again to you, Mr. Presi- the Roosevelt Room at the White House. stinction. So, Dick dent. And my thanks and Godspeed to all of ns, and welcome hurgh. Mr. Presi- my good friend Proclamation 5846-National Civil Rights Day, 1988 ce Nino Scalia, August 12, 1988 gues, 1 month ago 1 announced your to the high office By the President of the United States One element of ensuring the promise of the United States. of America equality is effective enforcement of our uties of that office civil rights laws. Discrimination and preju- A Proclamation dice have no place in American life. The usiasm. have spent much The people of the United States owe more we continue to eliminate all traces of half with young much to our courageous countrymen over injustice from our land and to foster broth- the years who have dedicated their lives to erhood, the more we can truly sing, "from ext generation of as you also know, the achievement of equal rights, equal op- every mountainside, let freedom ring." the wonderful ex- portunity, equal protection of the law, and The Congress, by House Joint Resolution fine sons of our mutual respect and reconciliation. These 140, has designated August 12, 1988, as Americans have reminded us that the "National Civil Rights Day" and authorized acquired a special promise of the Declaration of Independ- and requested the President to issue a proc- orities you and I enforcement, Mr. ence is a universal and eternal one-that lamation in observance of this event. God has granted everyone alike "certain Now, Therefore, I, Ronald Reagan, Presi- I firmly believe vigorous effort to unalienable Rights, among these dent of the United States of America, do and drug abuse Life, Liberty and the pursuit of Happiness" hereby proclaim August 12, 1988, as Na- ne, we could well and that our duty and privilege as Ameri- tional Civil Rights Day. I call upon the cans is to guard and guarantee this promise people of the United States to observe this capacity of today's ite to a better qual- always. day with appropriate programs, ceremonies, America. The protection of our rights requires and activities, including a pause at noon for a moment of silence in tribute to those who eas well, Mr. Presi- champions in every generation. Twenty-five years ago this month, the Reverend Martin have given their lives to secure civil rights esource of the De- for all Americans. nsistent with strict Luther King, Jr., led the March on Wash- ights and civil liber- ington in the cause of civil rights and In Witness Whereof, I have hereunto set helped awaken among his fellow Americans my hand this twelfth day of August, in the ) fight other unique 1 values and institu- a strong and true sense that justice, if it is year of our Lord nineteen hundred and to be genuine, must ever be color-blind. eighty-eight, and of the Independence of and racketeering, the United States of America the two hun- white collar crime- The anniversary of this event is a fitting dred and thirteenth. the first civil right time for all Americans to reflect on our e' right to be free achievements in this regard and to recall RONALD REAGAN on our streets, and the need for continual vigilance and con- it as you have often stant effort in behalf of the promise of [Filed with the Office of the Federal Regis- government cannot equality for all. ter, 9:18 a.m., August 15, 1988] ution to these prob- gations too. 1 of office on a Bible am Penn, the found- monwealth of Penn- mend to all Penn's 1069