Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Source Description
This file contains besides documents concerning national security matters, this file contains sensitive documents concerning other topics, especially personnel matters.
Scholar Source Context
Document identity
localId
24823960
label
National Security Chronological File (5)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
24823960
sourceUrl
contentType
document
title
National Security Chronological File (5)
description
This file contains besides documents concerning national security matters, this file contains sensitive documents concerning other topics, especially personnel matters.
citationUrl
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
Department of Homeland Security. U.S. Secret Service. (2003 - )
Governmental investigations
Intelligence
National security
Presidential appointments
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
24823960
coverageEndDate
logicalDate
1977-01-01
month
1
year
1977
coverageStartDate
logicalDate
1974-08-01
month
8
year
1974
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
62cadbef938dbdb0
ocrText
The original documents are located in Box 26, folder "National Security Chronological File
(5)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 26 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
c
Cas
chron
THE WHITE HOUSE
WASHINGTON
November 3, 1975
MEMORANDUM FOR:
DONALD RUMSFELD
FROM:
PHILIP BUCHEN T.
After checking the attached agreement which
you had earlier signed, I find it relates
only to your tenure as Assistant to the
President. Therefore, I suggest you have
executed the attached proposed amendment
prior to your appearance before the
Committee of the Senate which will review
your nomination.
Attachment
FORD in LIBRARY STATE
AMENDMENT TO
NON-DISCLOSURE AGREEMENT
November
, 1975
The undersigned, having entered into a non-
disclosure agreement on January 27, 1975, do
hereby amend the same by eliminating from
the operative provisions of said agreement
the words "the office of Assistant to the
President of the United States" and inserting
in place thereof, "any appointive federal
office."
Jeannette H. Rumsfeld
Joan R. Ramsay
Donald H. Rumsfeld
class
THE WHITE HOUSE
chron
WASHINGTON
November 4, 1975
MEMORANDUM FOR:
GENERAL SCOWCROFT
FROM:
PHILIP BUCHEN T.W.B.
SUBJECT:
Assumption of the Duties of
Assistant to the President for
National Security Affairs
This is to present my recommendation that, prior to your
retirement from the Air Force, you should refrain from
assuming the office or exercising the functions currently
held by Secretary Kissinger in his capacity as Assistant to
the President for National Security Affairs.
Legal Constraints
10 U.S. C. 973(b) derives from the Act of July 15, 1870,
ch. 294 §18, 16 Stat. 319. As most recently amended and
recodified, it reads:
* * *
"(b) Except as otherwise provided by law, no
officer on the active list of the Regular Army,
Regular Navy, Regular Air Force, Regular
Marine Corps, or Regular Coast Guard may
hold a civil office by election or appointment,
whether under the United States, a Territory
or possession, or a State. The acceptance of
BERALE R. FORD LIBRARY
such a civil office or the exercise of its
functions by such an officer terminates his
military appointment. "
* * *
10 U.S.C. 88911, in pertinent part, provides that the Secretary
of the Air Force
may, upon the officer's request, retire
- 2 -
a regular or reserve commissioned officer of the Air Force who
has at least 20 years of service
"
Thus, if the exercise of your new duties as the successor to
Secretary Kissinger in his capacity as Assistant to the President
would constitute a "civil office" within the meaning of 10 U.S.C.
973(b), your acceptance of such appointment or exercise of
the functions of such office would have the effect of automatically
terminating your military employment. Moreover, it would
appear that such a termination would also have the effect of
making you ineligible for military retirement benefits to which
you would otherwise be entitled under 10 U.S.C. $8911.
Discussion
The term "civil office" as used in 10 U.S.C. 973(b) and
predecessor statutes has not been statutorily defined. It is a
term of variable meaning, the connotation of which changes
with the context in which it is used. Morganthau V. Barrett,
108 F. 2d 481, 483 (D.C. Cir. 1939). The meaning to be given
the term when used in a statute should be that which will
effectuate the purposes of the statute being construed. See,
e.g., Pardon v. Puerto Rico ex rel. Castro, 142 F. 2d 508,
510 (1st Cir. 1944).
From the debate on the floor of the Senate in 1870 regarding
the antecedent of section 973(b), it appears that the primary
concern of the Congress was the exercise of civil authority by
military officers. CONG. GLOBE, 41st Cong., 2d Sess.
3393-3404 (1870). To this end, the Congress sought to prevent
"the union of the civil and the military authority in the same
hands, 11 id. at 3401, in part because it was concerned that a
military officer exercising such authority would be subject to
the commands of his military superiors. The Congress did
not intend to prevent civilian officials from seeking advice or
administrative assistance from military officers. See, id.
at 3403 (remarks of Sen. Trumbull).
The Comptroller General has consistently required that the
FORD
following three criteria must be present to constitute such
"civil office":
STATE
LIBRARY
- 3 -
*
The specific position must be created by law,
there must be certain definite duties imposed
by law on the incumbent, and they must
involve the exercise of some portion of the
sovereign power [44 Comp. Gen. 830,
832 (1965)].
* *
An application of these criteria to the facts in the instant case
leads to the following conclusions.
First, it appears that your position as Assistant to the President
for National Security Affairs would be one "created by law". For
at least the last 15-20 years, the position of national security
adviser has been one on the immediate staff of the President
under 3 U.S.C. §106. Additionally, your de facto function would
involve management of the staff of the National Security Council,
created by 50 U.S.C. §402.
Second, it also appears that the position would include "certain
definite duties imposed by law on the incumbent", viz. "
such duties as the President may prescribe. " (3 U.S.C. §106)
Third, and most importantly, the position likely would be held
to "involve the exercise of some portion of the sovereign power. "
Given the concerns of the drafters of 10 U.S.C. §973(b) for
civilian independence from military authority, this would seem
to be the most important touchstone of the three under discussion.
3 U.S.C. §107 provides authority for the detail of military
officers to the White House in order to provide advice on military
matters or administrative assistance. This authority has
traditionally been asserted as a basis for the detail of officers
for service as White House military aides and for the detail
of a Deputy Assistant to the President for National Security
Affairs. In these instances, the theory is that such detailees
are limited to providing administrative support or advice
FORD
limited to military matters. On the other hand, the President's
principal national security adviser has traditionally been
responsible for eliminating or minimizing differences of
opinion between the Departments of State and Defense and other
- 4 -
interested agencies, with a right of direct access to the
President.
Recommendation
The Attorney General and the Acting General Counsel of the
Department of Defense agree with my conclusion that, given
the substantial risks involved, i.e. loss of your military
retirement and other military privileges, you are best
advised to resign your commission in the Air Force prior to the
acceptance of an appointment as Assistant to the President for
National Security Affairs or the assumption of any duties of
that office.
In closing, I should also note that retirement at the grade of
Lieutenant General would require Presidential approval and
the advice and consent of the Senate [10 U.S.C. 8962].
This requirement does not apply to retirement at any grade
below that of Lieutenant General.
FORDS - DERAIL LIBRARY
dars
THE WHITE HOUSE
Chron
WASHINGTON
November 4, 1975
MEMORANDUM FOR:
DOUGLAS BENNETT
FROM:
PHILIP BUCHEN P.
As you know, I became acquainted with Marc Leland
at the time he was being considered for appointment
to be Deputy Counsel to the President.
My impression of Marc is that we should try to
find a position for him within the Administration,
because I believe he would be a valuable asset.
He is at the point in his career when he has
severed his connections with his law firm in
San Francisco and is debating whether to take a
position overseas with one of several firms in
which he is interested.
However, his preference is to have a position with
the government under this Republican Administration.
Prior to Marc's becoming interested in the Deputy
Counsel's position, he talked to Larry Eagleburger
at the State Department about a possible
Ambassadorial appointment and was encouraged to
express an interest in appointment to such a
position either in Norway or Czechoslovakia.
I believe Marc is extremely qualified to fill the
post of Ambassador in either of these countries,
although I believe Norway would be his preference.
Marc' has had the advantage of leading a multinational
existence and is thoroughly familiar with the
European countries.
He also has the advantage of the extra means which
make service as a U. S. Ambassador easier to
accomplish despite the limited salary and allowances
DERALD FORD LIBRARY
- 2 -
afforded to our ambassadors by the U. S. Government.
I would very much appreciate your giving thought to
this subject and advising me how we could advance
Marc's name for further consideration to fill the
position discussed. I think Larry Eagleburger
is eager to move on this matter if he gets encourage-
ment from here.
THE WHITE HOUSE
WASHINGTON
November 4, 1975
Dear Mr. Learson:
This office has reviewed your answers to the
questions on the Personal Data Statement which
was submitted to you.
As a result of our conversation yesterday, I
propose the following recommendations:
1. That you submit a list of your wife's
investments and agree that they too
will be placed in blind trust;
2. That for the trustee of your blind
trust and that of your wife that you
designate a bank or trust company
with which you have had no recent
business association;
3.
That you upon confirmation will resign
from the following:
Board of Directors of the
Chemical Corporation &
Chemical Bank
Board of Directors Exxon Corp.
Member of the Business Council
Member of Brookings Institute
I understand that the other corporations with which
you are affiliated as director do not now have and
do not plan in the future to have any interest which
could be affected by the outcome of negotiations at
the Law of the Seas Conference. It may be, of course,
that the members of the Senate Committee who will be
- 2 -
reviewing your nomination would question one or
more of your affiliations which you do not propose
to terminate, but our preliminary view is that
none of such affiliations would be objectionable.
I was delighted to visit with you yesterday and
will be glad to provide any further assistance
with the matters discussed.
With best wishes.
Sincerely,
Thilip W.Buchen Buchen
Counsel to the President
Mr. T. V. Learson
North Manursing Island
Rye, New York 10580
of
E
THE WHITE HOUSE
WASHINGTON
November 5, 1975
MEMORANDUM FOR:
DON RUMSFELD
FROM:
PHILIP BUCHEN
T.
Attached are the following:
1. A proposed draft of a letter to
Chairman Stennis which should be
checked and completed and then
prepared for submission in
duplicate.
2. A copy of your last statement to
me on November 26, 1974, from
which I took some of the informa-
tion contained in the draft letter.
I was not sure, however, as to
whether you still own any of the
stock listed on Attachment A of
the November 26 memo.
In addition to sending the attached letter to the
Chairman, you should submit 50 copies of your
biographical sketch to be delivered to Ed Braswell,
the Committee Counsel.
Attached also is a form of biographical sketch
used by Richard Wiley before the same Committee
which I would recommend that you refer to for
guidance in having your biographical sketch
drafted.
Attachments
class,
THE WHITE HOUSE
chron
WASHINGTON
November 5, 1975
MEMORANDUM FOR THE PRESIDENT
THROUGH:
PHILIP BUCHEND.W.B.
RICHARD CHENEY
FROM:
EDWARD C. SCHMULTS V
SUBJECT:
Claim of the Olson Family
for the Death of Dr. Olson
Status of Settlement Discussions and
Recommendation from Director Colby
Pursuant to Rod Hills' earlier memorandum, Mitchell Rogovin,
Special Counsel to the Director of the CIA, entered into dis-
cussions with attorneys for the Olson family and secured a
commitment from them that they would settle their claim for
the amount of $1,250,000. The family would also retain the
Federal Employees Compensation Act benefits of approximately
$150, 000 paid to date.
Attached at Tab A is a letter to you from CIA Director Colby,
dated October 29, 1975, advising that the Olson family has
agreed to settle its claim for $1, 250, 000, but that the Attorney
General is not prepared to certify under existing law that such
a settlement is appropriate. In his letter, Director Colby
recommends that Congress be requested to pass a private
relief bill for the settlement amount. As indicated below,
Director Colby appears to be correct in concluding that a
routine settlement is not possible and so the options are a
private relief bill or litigation with the Olsons.
FORD of LIBRARY
Problems with a Settlement without
Litigation
Pursuant to the procedure set forth in Rod Hills' earlier
memorandum, we have had an informal discussion with the
-2-
Labor Department to determine whether the Labor Department
(Workmen's Compensation) is likely to reverse its 22-year-old
decision that Dr. Olson did die in the course of his employment.
While the Labor Department believes it likely that they will vacate
their decision of 22 years ago on the grounds that Mrs. Olson was
not given an opportunity to bring a Federal Torts Claim Act case,
they are not willing, on the facts that they now know, to reverse
that decision and find that he did not die in the course of his
employment.
After weighing the Government's chances of ultimate success in
a lawsuit by the Olson family, the Department of Justice has
concluded that the settlement value of the Olsons' claim should
be no more than $650, 000. This amount is obtained by taking,
in Justice's view, the highest conceivable settlement value of
$1 million, subtracting a discount of $500, 000 for the risk of
litigation which Justice believes is substantially in favor of the
Government's position, and adding the Federal Employees
Compensation Act benefits which the Olsons have received to
date of approximately $150, 000. As support for its conclusion,
Justice cites the fact that its original $1 million starting point
exceeds by $250, 000 the highest unappealed award for a single
death under the Federal Torts Claim Act and exceeds by
$500, 000 the advice the Department has received from eminent
Maryland counsel as to a fair settlement value. Accordingly,
the Department contends that the Attorney General is not in a
position to approve a settlement under the Federal Torts Claim
Act in the amount of $1, 250, 000, the amount tentatively agreed
to by the CIA and the Olsons. Attached at Tab B is a memorandum,
dated September 24, 1975, from the Attorney General to Rod Hills
evaluating the claim of the Olson family.
Thus, absent a private bill, the CIA will be required to reject the
Olson family claim and a lawsuit will ensue. The Justice Depart-
ment will raise two defenses: (1) that Dr. Olson was deemed 22
years ago to have died in the course of his employment and that
a.
FORD
/
They reason that she was given false facts concerning her
BERAU
husband's death which could have caused her to bring a suit
LIBRARY
rather than file for benefits under the Federal Employees
Compensation Act.
-3-
determination is not now reviewable, and (2) in any event, Dr.
Olson did die in the ordinary course of his employment. The
Justice Department realizes that it may lose the first issue on
the grounds that false information kept Mrs. Olson from electing
the remedy of a lawsuit 22 years ago, but the Department feels
confident that it will prevail on the second ground.
If the matter goes to trial, the court may well order discovery
about the circumstances of Dr. Olson's employment, but we are
now informed by the Justice Department that the CIA would not
resist discovery of those matters and that no national security
issues would be imperiled by such discovery.
Private Relief Bill
Since our efforts at a routine settlement without legislation appear
to be frustrated, a private relief bill appears to be the only method
to reach an amicable accord with the Olsons out of court. Normally,
a private relief bill is a three step procedure: (1) a bill is passed
referring the matter to the Court of Claims for a damages hearing;
(2) a bill is enacted approving the damages found by the Court of
Claims and authorizing payment; and (3) an appropriations bill is
passed for the authorized payment. However, Justice has informed
me that on rare occasion a relief bill short circuits this procedure
and is not referred to the Court of Claims. If you agree with the
private bill approach, I believe Legislative Affairs should explore
with the Senate and House Judiciary Committees the prospects for
a streamlined procedure to achieve rapid passage.
Based on some very preliminary discussions, Max Friedersdorf
believes that the House Subcommittee on Claims and Governmental
Relations may handle the bill in a low key, routine way and, in any
event, would not have jurisdiction to review any other cases that
might involve the same subject matter.
If you favor a private relief bill, presumably an attempt would be
made to have the bill introduced by Representative Goodloe E.
Byron (D. Md.) who represents the Olsons' district. The CIA
would be the appropriate agency to express its views as to the
amount requested. The Department of Justice would support
GERALD R. FORD FIBRARY
-4-
such a bill, but, if asked, would indicate that, while not un-
reasonable, the amount called for by the bill is more than
Justice's view of the amount of the damages which would be
found if litigation were to occur.
Of course, there are pitfalls in following the legislative trail.
Congress may make an issue of the matter. Certain members
may wish to have constituent cases treated similarly. Finally,
although they now appear ready to follow a private bill route,
the Olsons may become impatient and decide to sue.
Recommendation
Because of the history of the settlement negotiations with the
Olsons and the unique circumstances of their claim, as well as
the difficulty of predicting what the emotional impact of the case
would be on a court in applying relevant legal principles, we
recommend that the CIA with the assistance of the Department
of Justice be requested to prepare a private relief bill in the
amount of $1, 250, 000 to settle the claim of the Olson family
and that the Administration support prompt passage of the bill
by Congress. The alternative is to acknowledge that it was not
possible to negotiate an acceptable settlement with the Olsons
and be prepared to articulate the legal problems that frustrated
a settlement. We must be prepared in this regard in any event
because the legislative route may fail.
Agree
Disagree
Comment
THE WHITE HOUSE
WASHINGTON
November 5, 1975
MEMORANDUM FOR:
JIM CONNOR
FROM:
PHIL BUCHEN
R.
SUBJECT:
Counsel's Office Staff
Attached are rosters covering professionals and non-professionals
currently assigned to the Office of the Counsel to the President.
As you will note, our current White House staff personnel total
is 14 (7 professional and 7 secretarial). Additionally, we have
one consultant (Bobbie Kilberg), a part-time law clerk and 5
detailees (3 professional and 2 secretarial). Thus, our total
personnel figure is 21.
Jim Wilderotter will be leaving our staff before the end of the
year and his slot will be filled by Bobbie Kilberg. Therefore,
in response to your request to reduce our White House staff
personnel total from 14 to 13, we have attempted to arrange
for the full-time assignment of an employee of the FBI to
assume the duties now handled by Claire Connors of our
Security Office. Given the fact that the principal function of
the Security Office is to serve as a switching device between
the Bureau and Counsel's Office, such an arrangement would
appear to be entirely appropriate. However, for a variety of
reasons, the Bureau will not go along with the proposal.
Therefore, the only viable option to reduce our White House
personnel figure to 13 is to place Miss Connors on an agency
payroll and detail her to the Security Office.
You also requested that we attempt to reduce our total personnel
figure. In this regard, I anticipate that we will be able to
reduce our number from 21 to 17 before the end of the year.
This would be accomplished by releasing the two professional
detailees from Defense (they might thereafter be needed on
an intermittent basis) and the clerical detailee from the
-- 2 -
Correspondence Unit and by placing Jay French on another
payroll which would enable him to assist Jack Marsh and
me with the various intelligence investigations.
While I would like to reduce these figures further, I cannot
see any way in which that can be accomplished at the present
time.
Attachments
EX
COUNSEL'S OFFICE
PROFESSIONAL STAFF
Name
Title
Commissioned Personnel
Philip W. Buchen
Counsel to the President
Edward M. Schmults
Deputy Counsel to the President
Kenneth A. Lazarus
Associate Counsel to the President
James A. Wilderotter
Associate Counsel to the President
Non-Commissioned Personnel
Bobbie G. Kilberg
Consultant (temporary)
Dudley Chapman
Associate Counsel
Barry N. Roth
Assistant Counsel
Jane M. Dannenhauer
Staff Assistant
Detailees
Jay T. French
(Department of Justice)
Assistant Counsel
Timothy Hardy
(Department of Defense)
Staff Assistant
Mason Cargill
(Department of Defense)
Staff Assistant
Law Clerk (Part-time)
H. P. Goldfield
(Not included in White House personnel
authorization figures)
COUNSEL'S OFFICE
NON-PROFESSIONAL STAFF
Name
Supervisor
White House Staff
Eva Daughtrey
Philip Buchen
Shirley Key
Philip Buchen
Jane Thomas
Edward Schmults
Dawn Moorcones
Kenneth Lazarus
Luraner Little
Bobbie Kilberg
Nancy Smilko
Dudley Chapman
Claire Connors
Jane Dannenhauer
Detailees
Margaret O'Neill (Correspondence)
James Wilderotter
Lillian Greene (Veterans Administration)
Jane Dannenhauer
classifie
SECRET
THE WHITE HOUSE
WASHINGTON
November 5, 1975
MEMORANDUM FOR:
JEANNE W. DAVIS
FROM:
PHILIP W. BUCHEN T.W.B.
By memorandum dated October 24 I provided you with my comments
and a suggested draft memo for the President's signature dealing
with the use of riot control agents in war to protect nuclear weapons.
My staff now informs me that the Defense Department would like
to broaden my draft memo to include the authority to use riot control
agents in times other than in war to protect nuclear weapons.
I have no legal objection based on an analysis of Executive Order No.
11850 to the broadening of my memo in this way because that
Executive Order does not deal with the use of riot control agents
in peacetime. Therefore, whether it is appropriate for the President
to take this additional action is not a legal matter as much as a
national defense issue which must be resolved by the NSC and the
DOD.
Attached is a new draft memo for the President's signature.
DECLASSIFIED
E.O. 12958 Sec. 3.5
MR 94-152, $15; NSC Utter 9/8/98
SECRET
By let NARA, Date 6/6/2000
SECRET
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR
THE SECRETARY OF DEFENSE
SUBJECT:
Use of Riot Control Agents (RCAs)
Pursuant to Section 1 of Executive Order No. 11850, you are
hereby authorized to use riot control agents in war for the protection
or recovery of nuclear weapons.
Further, you are hereby authorized to use riot control agents for
the same purpose in times other than in war even though such
advance authorization is not required by Executive Order No.
11850.
.
FOR
DECLASSIFIED
E.O. 12368 Sec. 3.6
MR 94-152,*16; NSC uther 9/8/98
SECRET
By let NARA, Date 6/6/2000
THE WHITE HOUSE
Classion
WASHINGTON
November 6, 1975
MEMORANDUM FOR:
BILL SEIDMAN
FROM:
PHIL BUCHEN
P.
Attached is a document which discloses the contents
of a memo supplied to the Office of Counsel to the
President on December 12, 1974, for my review and
inclusion in your personnel file.
Attachment
THE WHITE HOUSE
WASHINGTON
November 6, 1975
MEMORANDUM FOR:
JACK MARSH
FROM:
PHIL BUCHEN
SUBJECT:
Assistant to the President for
National Security Affairs
This is to advise that an appointment by the President of an
Assistant for National Security Affairs is not subject to Senate
advi e and consent. Statutory foundation for the National
Security Council is found in 50 U.S. C. Sec. 402. The Council
is composed of the President, the Vice President, certain
members of the Cabinet and other officials of the Federal
intelligence community. The statute also provides that the
Council shall have a staff to be headed by a civilian Executive
Secretary who shall be appointed by the President and for the
employment of such additional personnel, subject to the Civil
Service Commission laws, as may be necessary to perform
the duties of the Council.
Secretary Kissinger and his predecessors in the position of
Assistant to the President for National Security Affairs did not
serve in any position authorized by the organic act creating
the National Security Council. Traditionally, this position
has had its legal foundation in 3 U.S.C. 105 and 106 which
authorize the appointments of a limited number of Executive
Level II assistants on the immediate staff of the President.
The National Security Adviser's traditional function as head of
the staff of the National Security Council does not have a
statutory footing. It is therefore clear that General Scowcroft's
appointment is not subject to Senate advice and consent.
Attached is a copy of a recent memorandum which I provided
to General Scowcroft which notes that his retirement at the
grade of Lieutenant General, prior to any appointment as
Assistant to the President for National Security Affairs, would
require Presidéntial approval and the advise and consent of
the Senate in accordance with 10 U.S.C. 8962. This does not
apply to retirement at any rank below that of Lieutenant General.
- 2 -
Procedures required by Section 8962 were followed when
General Haig resigned his position as Deputy Assistant to
the' President for National Security Affairs and became Chief
of the White House Staff during the Nixon Administration.
It might be that Chairman Stennis' inquiry relating to the
necessity of Senate confirmation for General Scowcroft was
based on his recollection of the Haig retirement.
Attachment
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01418
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Letter (s)
CREATOR'S NAME
Philip Buchen
RECEIVER'S NAME
Robert Spadaro
DESCRIPTION
re allegations of conflict of interest
against a government official
CREATION DATE
11/06/1975
COLLECTION/SERIES/FOLDER ID
001900629
COLLECTION TITLE
Philip W. Buchen Files
BOX NUMBER
26
FOLDER TITLE
National Security Chronological File
(1)-(7)
DATE WITHDRAWN
08/12/1988
WITHDRAWING ARCHIVIST
WHM
THE WHITE HOUSE
chrone
WASHINGTON
November 6, 1975
MEMORANDUM FOR:
JACK MARSH
FROM:
PHIL BUCHEN
SUBJECT:
Assistant to the President for
National Security Affairs
This is to advice that an appointment by the President of an
Assistant for National Security Affairs is not subject to Senate
advise and consent. Statutory foundation for the National
Security Council is found in 50 U.S. C. Sec. 402. The Council
is composed of the President, the Vice President, certain
members of the Cabinet and other officials of the Federal
intelligence community. The statute also provides that the
Council shall have a staff to be headed by a civilian Executive
Secretary who shall be appointed by the President and for the
employment of such additional personnel, subject to the Civil
Service Commission laws, as may be necessary to perform
the duties of the Council.
Secretary Kissinger and his predecessors in the position of
Assistant to the President for National Security Affairs did not
serve in any position authorized by the organic act creating
the National Security Council. Traditionally, this position
has had its legal foundation in 3 U.S.C. 105 and 106 which
authorize the appointments of a limited number of Executive
Level II assistants on the immediate staff of the President.
The National Security Adviser's traditional function as head of
the staff of the National Security Council does not have a
statutory footing. It is therefore clear that General Scowcroft's
appointment is not subject to Senate advice and consent.
Attached is a copy of a recent memorandum which I provided
in
FORD
to General Scowcroft which notes that his retirement at the
grade of Lieutenant General, prior to any appointment as
Assistant to the President for National Security Affairs, would
require Presidential approval and the advise and consent of
the Senate in accordance with 10 U.S.C. 8962. This does not
apply to retirement at any rank below that of Lieutenant General.
- 2 -
Procedures required by Section 8962 were followed when
General Haig resigned his position as Deputy Assistant to
the President for National Security Affairs and became Chief
of the White House Staff during the Nixon Administration.
It might be that Chairman Stennis' inquiry relating to the
necessity of Senate confirmation for General Scowcroft was
based on his recollection of the Haig retirement.
Attachment
FORTO iss
chron
THE WHITE HOUSE
TOP SECRET
WASHINGTON
ATTACHMENTS
November 10, 1975
MEMORANDUM FOR:
JEANNE DAVIS
FROM:
PHILIP W. BUCHEN
P.W.B.
By your memorandum dated November 5 you asked me to
review and clear with the Justice Department Freedom of
Information Committee the NSC's alternative responses to
Jonathan Bennett's request for release of NSC 29.
The age of this document and the fact that its recommendations
were never adopted by the NSC tends to make untenable
continued classification as a Top Secret document. However,
if the NSC staff believes that the name of one particular
country which appears repeatedly in the document ought to
remain classified for foreign policy reasons, then it is
suggested that these references be given the lowest level
of classification, confidential. All other parts of NSC 29
should be declassified and released to Mr. Bennett. Such
action is consistent with the Freedom of Information Act, as
amended, which requires the segregation and release of
portions of documents that are not exempt from disclosure.
This response has been cleared with Robert Saloschin,
Chairman of the Freedom of Information Committee at the
Department of Justice.
TOP SECRET
ATTACHMENTS
class.
chron
THE WHITE HOUSE
WASHINGTON
November 11, 1975
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR:
JIM CONNOR
THROUGH:
PHIL BUCHEN
TWB.
FROM:
KEN LAZARUS
Kl
SUBJECT:
Special Prosecutor Clearances
During the course of the past year, this office has been requested
to obtain clearances from the Office of Watergate Special
Prosecution Force on a large number of people. With respect
to 35 of these individuals, clearances were never obtained.
In order to clarify any White House records pertaining to these
people, we are in the process of updating earlier requests for
clearances so that previous denials do not carry any unwarranted
adverse inferences.
Recently, clearances were obtained from the Special Prosecutor
on 11 of these people:
Roy Ash
William Baroody, Jr.
Kenneth Cole
Leonard Garment
William Henkel
Jana Hruska
Jerry Jones
100
Powell Moore
Patrick O'Donnell
Geoffrey Shepard
William Timmons
Kindly arrange to have these clearances made a part of any
relevant White House files. The remaining 24 names are
currently being updated, and I expect that we will be able to
report to you on them in the not too distant future.
Thank you.
TOP SECRET
THE WHITE HOUSE
ATTACHMENTS
WASHINGTON
November 20, 1975
MEMORANDUM FOR:
JEANNE DAVIS
FROM:
PHILIP W. BUCHEN
T.W.B.
By your memorandum dated November 14 you asked me to
review and clear with the Justice Department Freedom of
Information Committee the NSC's alternative responses to
Mr. Joseph P. O'Grady's request for release of NSC 68/4.
The age of this document and the fact that its release will
not likely cause any damage to the national security make
its continued classification as a Top Secret document un-
necessary and untenable. Furthermore, it is our opinion
that if Mr. O'Grady was refused this document and he
brought an action for its release in the Federal District
Court, that he would have a very high probability of success.
Accordingly, we recommend the selection of Option 1.
This response has been cleared with Robert Saloschin,
Chairman of the Freedom of Information Committee at the
Department of Justice.
TOP SECRET
ATTACHMENTS
-TOP SECRET
THE WHITE HOUSE
ATTACHMENTS
WASHINGTON
November 20, 1975
MEMORANDUM FOR:
JEANNE DAVIS
FROM:
PHILIP W. BUCHEN
T.W.B.
By your memorandum dated November 14 you asked me to
review and clear with the Justice Department Freedom of
Information Committee the NSC's alternative responses to
Mr. Joseph P. O'Grady's request for release of NSC 68/4.
The age of this document and the fact that its release will
not likely cause any damage to the national security make
its continued classification as a Top Secret document un-
necessary and untenable. Furthermore, it is our opinion
that if Mr. O'Grady was refused this document and he
brought an action for its release in the Federal District
Court, that he would have a very high probability of success.
Accordingly, we recommend the selection of Option 1.
This response has been cleared with Robert Saloschin,
Chairman of the Freedom of Information Committee at the
Department of Justice.
it
TOP SECRET
ATTACHMENTS
BIDD UNDI
November 24, 1975
MEMORANDUM FOR
THE HONORABLE HAROLD TYLER
DEPUTY ATTORNEY GENERAL
The attached file involves a matter on which
I would like your personal advice before
either the Department of Justice or I do any-
thing further. After you have reviewed the
file, I would appreciate your calling no.
Philip W. Buchen
Counsel to the President
Attachment
FORD - LIBRARY and
THE WHITE HOUSE
chair Chron
WASHINGTON
December 2, 1975
MEMORANDUM FOR:
BILL SEIDMAN
FROM:
PHIL BUCHEN T.
Maporo
With this memorandum I am returning your copy
of the letter from Arthur Groman along with
the material I had previously sent you. I
talked to Arthur Groman a few days ago to
explain the nature of the deletion at the
top of page 1 of your original memo. He
advises that he will report the information to
Marshall Grossman and would let me know if he
foresaw any further difficulty.
Thus far, I have not heard anything further
from Mr. Groman.
Attachments
12/5/75 mr. Buchen
talked to Mr. Fromen
SERVED FORD LIBRARY
THE WHITE HOUSE
class
WASHINGTON
Jhon
December 6, 1975
MEMORANDUM FOR:
JACK MARSH
FROM:
PHILIP BUCHEN
You will recall that prior efforts have been
made to induce Charles Collatos to resign
from his position on the Selective Service
Appeals Board.
My last conversation with him on October 9
indicated that he thought you were going to
call former Speaker McCormick and that he
would not want to act until you had called
the former Speaker.
When I told you this, you indicated that you
doubt that the former Speaker would be able
to act intelligently on the matter, but I
suggested you place the call as a formality
so I can assure Collatos of your having made
the call.
is
FORD
THE WHITE HOUSE
WASHINGTON
Class
chem
December 6, 1975
Dear Mr. Groman:
Enclosed is a complete copy of a document supplied
to my office as Counsel to the President on
December 12, 1974.
Although the memorandum is addressed to the
President, it was not read or considered by him.
Instead, when the memorandum was submitted, I
reviewed the contents on behalf of the President,
inasmuch as I am responsible for matters of this
sort which involve members of the President's
staff at the White House.
Sincerely,
They W. Buden Buchen
Counsel to the President
Mr. Arthur Groman
Mitchell, Silberberg & Knupp
1800 Century Park East
Los Angeles, California 90067
Enclosure
of
Bush
THE WHITE HOUSE
WASHINGTON
December 19, 1975
MEMORANDUM FOR:
JACK MARSH
FROM:
PHILIP BUCHEN
T.
The Chairman asked to have a letter of this type
from me to "round out his files" on George Bush.
He wants the letter as early as possible this
afternoon SO I would appreciate your reviewing
it and clearing it promptly.
Attachment
THE WHITE HOUSE
WASHINGTON
December 19, 1975
MEMORANDUM FOR:
JACK MARSH
FROM:
PHILIP BUCHEN
T.
The Chairman asked to have a letter of this type
from me to "round out his files" on George Bush.
He wants the letter as early as possible this
afternoon so I would appreciate your reviewing
it and clearing it promptly.
Attachment
THE WHITE HOUSE
WASHINGTON
December 19, 1975
Dear Mr. Chairman:
As you have requested, I am sending you this letter
for your files to confirm information I previously
reported verbally to Mr. Edward Braswell, Chief
Counsel and Staff Director, Senate Committee on
Armed Services. This information involves the
results of an inquiry by the Federal Bureau of
Investigation into the circumstances of allegations
concerning Ambassador George Bush made by one
Jack Harold Halfen.
The allegations were purportedly made on November 16,
1971, to William Gallinaro, an Investigator for the
Senate Permanent Subcommittee on Investigations, when
Gallinaro interviewed Halfen while the latter was a
federal prisoner being held at a county jail in
San Antonio.
The Gallinaro interview with Halfen was made at the
instigation of an attorney for Halfen who also
contacted the FBI office in San Antonio to advise
that Halfen would provide information as to the
location of $5 million of stolen securities in
exchange for dismissal of charges pending against
him in Los Angeles, California, Houston and
San Antonio, Texas.
The allegations in question are reported in a
confidential memorandum of November 23, 1971, from
Gallinero to Mr. John P. Constandy, a copy of which
is in the files of your Committee.
As early as 1956, when Halfen had been convicted of
income tax invasion and was scheduled to serve a
sentence of 48 months, he attempted to negotiate
terms concerning his sentence and immunity from other
prosecutions by offering a list of 40 local, state,
and federal officials who had allegedly taken payoffs.
However, he later retused to furnish any details
concerning the alleged payoffs.
- 2 -
Again in June 1973, after Halfen pled guilty to
perjury charges and was sentenced to ten years,
an intermediary advised that if Halfen's sentence
were cut in half, he would furnish valuable informa-
tion to the U. S. Government. The FBI told the
intermediary to take the proposal to the Department
of Justice. Subsequently in 1974, a representative
of the Organized Crime and Racketeering Section,
Department of Justice, did interview Halfen but
found that Halfen was unreliable and merely trying
to use the U. S. Government to get out of jail.
A copy of the full record of the FBI Identification
Division concerning Halfen is enclosed.
After December 9, 1975, when I had obtained the
foregoing information from the FBI, I advised
Mr. Braswell that the FBI could be asked to conduct
an interview with Mr. Halfen but that his prior
criminal record and his prior use of unsubstantiated
allegations to gain relief from sentences or immunity
from prosecution gave every reason to believe that
such an interview would be fruitless. The likely
result would be that Halfen would merely bargain
over his present continuing sentence without
producing in the end any basis for his allegations.
I expressed my view, which I still hold, that no
useful investigative purpose would be served by
approaching Halfen, and that, on the contrary, to
do SO could very well result in his further publici-
zing for self-serving reasons charges which he cannot
substantiate. Mr. Braswell then advised that I hold
up requesting such an interview unless I was asked to
do otherwise.
I trust this information will suffice to complete your
records concerning this matter.
Sincerely,
Philip
Counsel to the President
The Honorable John C. Stennis
Chairman
Committee on Armed Services
United States Senate
Washington, D. C. 20510
Classife
chron
THE WHITE HOUSE
WASHINGTON
December 30, 1975
EYES ONLY
MEMORANDUM FOR:
DOUG BENNETT
FROM:
PHIL BUCHEN P.
SUBJECT:
Turner Shelton
It is my understanding that Turner Shelton is presently under
active consideration for a Presidential appointment subject to
Senate confirmation. Although the background investigation
raises no question of his being a security risk, I recommend
against his appointment at this time for the following reasons:
(1) A majority of the persons interviewed by the FBI
recommended against any appointment on the basis that
he is unqualified.
(2) The confirmation hearings are likely to be lengthy
and highly controversial.
(3) The risk of his not being confirmed is one which we
should avoid at this stage in the campaign.
If you wish, we can discuss this further at your convenience.