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President - Briefing Book Updates
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President - Briefing Book Updates
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The original documents are located in Box 43, folder "President - Briefing Book Updates"
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States of America his copyrights in all of his unpublished writings in National Archives collections.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 43 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
November 15, 1974
MEMORANDUM FOR:
PHILIP W. BUCHEN
JOHN G. CARLSON
ROBERT T. HARTMANN
LES JANKA
JOHN O. MARSH, JR.
WILLIAM E. TIMMONS
CAROL FORYST (For Treasury Secretary
William E. Simon)
FROM:
PAUL A. MILTICH Pam
SUBJECT:
Updating of Presidential
Briefing Book
The President wants his briefing book updated every week. Since the Presi-
dent will be out of the country the week of November 17-24, there is no
need for an update that week. But beginning the following week (the week
of November 24), briefing book updates (one original plus three copies)
should be sent to me on a regular weekly basis by 3 p.m. each Wednesday.
LIBRARY GERALD FORD
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
December 3, 1974
MEMORANDUM FOR:
PHILIP W. BUCHEN
KENNETH R. COLE
ROBERT T. HARTMANN
LES JANKA
JOHN O. MARSH, JR.
WILLIAM E. TIMMONS
CAROL FORYST (For Treasury Secretary
William E. Simon)
FROM:
PAUL A. MILTICH Pam
SUBJECT:
Update of President's
Press Conference Briefing Book
The deadline for the next update of the President's press conference briefing
book is Wednesday, December 11. There is no need to engage in repetition of
material which will go unchanged. Please turn in to me all new material and
revised Q. and A. (4 copies) by 3 p.m. December 11.
1834LD FORD
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
December 18, 1974
MEMORANDUM FOR:
PHILIP W. BUCHEN
KENNETH R. COLE
MAX L. FRIEDERSDORF
ROBERT T. HARTMANN
LES JANKA
JOHN O. MARSH, JR.
CAROL FORYST (For Treasury Secretary
William E. Simon)
FROM:
PAUL A. MILTICH Pam
SUBJECT:
Updating of Material for
President's Briefing Book
At this writing, the President's next news conference is planned for some-
time Saturday. There no doubt will be some developments between now and
Saturday which will require Q. and A. updating. Please send three copies
of such updates directly to Ron Nessen.
Inasmuch as the President will be in Vail, Colorado over Christmas and New
Year's, the next "general delivery" of Q. and A.'s subsequent to the
December 21 news conference will be due by 3 p.m., January 8, in my office.
Four copies, please, with large holes for placement of pages in looseleaf
binders. Also, new material or revised material only, please.
FORE
GERALD
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
December 18, 1974
MEMORANDUM FOR:
PHILIP W. BUCHEN
KENNETH R. COLE
MAX L. FRIEDERSDORF
ROBERT T. HARTMANN
LES JANKA
JOHN O. MARSH, JR.
CAROL FORYST (For Treasury Secretar
William E. Simon)
FROM:
PAUL A. MILTICH Pam
SUBJECT:
Updating of Material for
President's Briefing Book
At this writing, the President's next news conference is planned for some-
time Saturday. There no doubt will be some developments between now and
Saturday which will require Q. and A. updating. Please send three copies
of such updates directly to Ron Nessen.
Inasmuch as the President will be in Vail, Colorado over Christmas and New
Year's, the next "general delivery" of Q. and A.'s subsequent to the
December 21 news conference will be due by 3 p.m., January 8, in my office.
Four copies, please, with large holes for placement of pages in looseleaf
binders. Also, new material or revised material only, please.
FORD
Pres
Briefing
update
(see national
December 17, 1974
growth
Resport)
MEMORANDUM FOR:
ANDRE BUCKLES
FROM:
PHIL BUCHEN
SUBJECT:
National Growth Report
Do you think that the press office should be briefed or the
President be given Q's and A's regarding the comments
made by Senator Humphrey regarding the draft 1974
National Growth Report? Here's a copy of those comments
which was passed on to me by a friend.
Also is there any material in the Growth Report which
should be given consideration in preparation of the
President's State of the Union address?
FORD : LIBRARY 0ERALD
Pros. Briefing
Thursday 1/30/75
9:20 Paul Miltich's office called to say they need
the updates on Q & A's by 3 o'clock tomorrow (Friday 1/31).
The President will be going to Atlanta.
They would like them limited to key questions only --
only questions you feel the President might actually
be asked.
(Message given to Mr. Areeda)
cc: Mr. Areeda
FORD i GERALD LIBRARY
December 19, 1974
MEMORANDUM FOR:
DONALD RUMSFELD
FROM:
PHILIP BUCHEN
SUBJECT:
Presidential Action
(December 22 - January 2)
During the President's stay in Vail, it may be necessary or desirable
for this office to impose upon his time relative to the following matters:
1. Actions by President on Recommendations of the Clemency
Board. Material on additional cases should be available by the end of
the day on December 20, and in order for the President to act during
the holiday period, his decisions should be put in proclamation form
and transmitted by courier for signature.
2. Enrolled Bill, H. R. 8193, Cargo Preference. Last day
for action is December 30, Legal office is investigating the legal
effects of the waiver provisions, about which President should know
before he acts.
3. AEC Vacancy. It may be necessary for the President to
consider an interim appointment to the AEC, although this matter
would come to him through the Personnel Office.
4. Gift Policy. Consideration of policy and plan of action
regarding gifts to the First Family from domestic sources or foreign
sources not otherwise subject to legal restraints (latest Lewits-
Lazarus draft of proposed policy is in your office) or, in the face of
newspaper inquiries, preparation of press statement that a policy is
in preparation which will be made public.
5. Enrolled Bill - H.R. 5463. Federal Rules of Evidence -
last day for action is December 31. It is recommended that the
President should sign, but legal office will probably take lead in
preparing and submitting signing statement.
GERALD
LIBRARY
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
January 31, 1975
MEMORANDUM FOR:
PHILIP AREEDA
FROM:
JERRY WARREN of
I discussed this briefing book with Phil Buchen.
I would like you to look at it with a possibility
of lobbying problems. We have meticulously excised
everything that appeared to us to be lobbying.
The President plans to distribute these to 50 Republican
members of the House at 6:30. this evening.
You do not have the questions and answers; they are
strictly factual.
FORD i LIBRARY GERALD
Q8As
Q. and A. on Richard Helms and report of
Evans and Novak in their column of February 2, 1975
Question
What comments do you have to make on the reported warning
given to former CIA Director Helms before he met with you
in regard to CIA activities?
Answer
The only newspaper report I have seen on this subject was not fully
accurate. But it would not be proper for me to comment further
except to say that the only conversation which occurred between
my Counsel and Mr. Helms was with my knowledge and that it
occurred at the request of the Department of Justice.
GERALD P. FORD
2/3/75
first line of answer
Mr. Marsh suggests adding "fully"
reading -- - was not fully accurate.
O. K. to add? Yes.
GERALD LIBRARY to
QrAs
2/3/75
To:
Ron Nessen
Frm: Phil Buchen
cc: Paul Miltich
FORD & LIBRARY GERALD
Q. and A. on Richard Helms and report of
Evans and Novak in their column of February 2, 1975
Question
What comments do you have to make on the reported warning
given to former CIA Director Helms before he met with you
in regard to CIA activities?
Answer
The only newspaper report I have seen on this subject was notfully
accurate. But it would not be proper for me to comment further
except to say that the only conversation which occurred between
my Counsel and Mr. Helms was with my knowledge and that it
occurred at the request of the Department of Justice.
GERALD 4. FORD
2/3/75
Q&As
Feb. 3, 1975
To:
Ron Nessen
From: Phil Buchen
CC: Paul Miltich
FORD : GERALD LIBRARY
Q. & A. on FBI data furnished the President
when he was House Minority Leader in
connection with his investigation of Justice Douglas
(see Jack Anderson's colum of February 3, 1975)
Question
Now that the FBI is being charged with having wrongfully compiled
information on public officials, how do you defend its having
furnished you with information from its files on Justice Douglas
when you were House Minority Leader?
Answer
That House Judiciary Committee at the hearings on my nomination
to be Vice President had before it the materials furnished by the
Department of Justice to me, which involved only limited information
from the FBI. I believe that if the Committee at that time had
believed it was not proper for the Department of Justice or FBI to
cooperate even in this limited way with another branch of government,
the Committee would have pursued the matter.
GERALD LIBRARY P. FORD
Q. & A. on FBI data furnished the President
when he was House Minority Leader in
connection with his investigation of Justice Douglas
(see Jack Anderson's colum of February 3, 1975)
Question
Now that the FBI is being charged with having wrongfully compiled
information on public officials, how do you defend its having
furnished you with information from its files on Justice Douglas
when you were House Minority Leader?
Answer
That House Judiciary Committee at the hearings on my nomination
to be Vice President had before it the materials furnished by the
Department of Justice to me, which involved only limited information
from the FBI. I believe that if the Committee at that time had
believed it was not proper for the Department of Justice or FBI to
cooperate even in this limited way with another branch of government,
the Committee would have pursued the matter.
LIBRARY GERALD P. FORD
February 17, 1975
To:
Ron Nessen
From:
Phil Buchen
LIBRARY GERALD ? FORD
Q. and A. on Vincent Barabba
Question
What has the White House done about the alleged charges
against Vincent Barabba, Director of the Census?
Answer
The White House is referring the matter to the proper authorities.
Question
To whom have you referred it?
Answer
To the General Counsel's Office of the Civil Service Commission
for a preliminary check.
LIBRARY GERALD P. FORD
THE WHITE HOUSE
WASHINGTON
March 10, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
JERRY WARREN
SUBJECT:
Press Conference Briefing Book
In view of the continuing frequency of Presidential press
conferences, interviews and other sessions with newsmen,
we have devised a system which we believe will facilitate
keeping the President's briefing book up to date.
It is our intention to maintain a rather extensive master
briefing book in this office, which will contain current
Q&A's on a wide variety of subjects. From that master book,
and from other issues we think may arise in a particular
session, we will pull together materials for a smaller,
more manageable briefing book for the President.
In order to accomplish this system, we are, first, returning
to you some of the questions from previous books; we ask that
you review them and provide us with current answers to them
no later than 4:00 p.m. Thursday, March 13, in Room 164, OEOB.
Since we will not be able to return the Q&A's to you each week,
we ask that you keep a file of the Q&A's you resubmit or update.
This, we feel, will assist both you and us in coordinating
preparation of the book.
Second, we ask that in order to keep the book up to date
you submit any additions or changes each week by 4:00 p.m.,
on Thursday, to Room 164, OEOB. Updates can be accepted
on Friday or Saturday on new or changing issues. We will,
in addition, attempt to inform you of each expected need for
the book so that you can word answers appropriately (i.e. before
or after announcements or events).
FORD & LIBRARY GERALD
MEMORANDUM TO: Phil Buchen
FROM:
Jerry Warren
SUBJECT:
DATE:
Press Conference Briefing Book
March 10, 1975
Page Two
You might find it convenient to designate a member of
date your staff to be responsible for keeping our Q&A to
and initiating new material. If you would like up
assistance I can.
to meet with that staff member, I would be glad to provide me what
on Monday, March 17, in South Bend, Indiana.
questions, will be aimed at the President's press conference
This week's input, in addition to bringing up to date previous
Thank I think you for your cooperation. If we continue to work together
we can contribute significantly to the President's
preparation press. for press conferences and other sessions with the
position on gun control.
One obvious addition in your area would be the President's
&
FORD
GERALD
LIBRARY
QtA
1 uesday 3/11/15
10:15 Jack Hushen said one of the questions he's not sure they
have a suitable answer for is:
Does the President want the Church Committee to
investigate allegations of assassination or attempted
assinations by the CIA?
Would appreciate a call as soon as possible.
FORD : LIBRARY 0ERALD
THE WHITE HOUSE
WASHINGTON
March 11, 1975
MEMORANDUM FOR:
RON NESSEN
FROM:
PHILIP BUCHEN T.W.B.
SUBJECT:
Monday's Leftovers on CIA
Q: Saul Kohler: Has the President asked Church to hold
some of his committee hearings secret?
A: Senators Church and Tower told the President that the
Committee was planning to have principally Executive
sessions but might have some open hearings.
Q: Risher: Is anyone looking into the allegations of CIA
assassinations of foreign political figures. ditto
Deakin: Is anyone in the Executive or Legislative branch
checking into political assassinations?
A: The White House will not comment on particular
areas on investigations within the Executive Branch.
This is also the policy of the Vice President in regard
to the Commission on which he is Chairman. As to what
the Legislative branch may be doing, you should make your
inquiry to the Congress.
Q: Lisagor, Shaw, Brokaw: Does the President plan to broaden
the charter of the Rocky Commission beyond domestic
review? intelligence? Does he have any part of the charter under
A: The President has no plan in this regard and he does not FORD
Q: Helen: Did the Colby report take in anything outside of E ERALO
have the charter under review.
LIBRA
domestic activities and did Colby give the President
further information or an update on the report verbally?
A: The White House is not commenting on the contents of the
Colby report or on any of the verbal reports in that
- 2 -
connection. The report and any further information which
Mr. Colby has on the subject were referred by the President
to the Commission on CIA activities within the U. S.
Q: Kondracke, Deakin: Must all requests for information on
CIA activities be funneled through the WH? Has there
been any special machinery set up to handle Church's
requests? Who is the WH liaison with Church?
A: Requests for information on CIA activities need not be
funneled by the Congressional committees through the
White House but if the Chairman of any committee involved
in the investigation has a request to make of the White
House, it is to be handled initially by the Office of the
Counsel to the President.
Q: Schieffer: The President's position on CIA activities in
assassinations. Ron said he would provide any public
comment the President has made on the subject.
A: The President made the following comment on this subject:
"I am not in a position to give you an factual account.
I have had a full report from Mr. Colby on the
operations that have been alluded to in the news media
in the last week or so, really involving such actions
that might have taken place beginning back in the
1960s.
I don't think it is appropriate for me at this time to
go any further. We do have an investigation of the
CIA, of our intelligence agencies, by the Congress,
both overt and covert, going back from the inception
of the CIA. And, of course, we do have the Rockefeller
Commission going into any CIA activities in the domestic
front.
But for me to comment beyond that, I think, would be
inappropriate at this time. "
Q: Deakin: Asked a two-part question summing up the CIA
questions
which I didn't get and we will have to check
the transcript.
From the transcript: Would it be possible for you to
ascertain the President's views in a concrete and detailed
way and report them back to us with specific reference to
(1) the question of whether assassinations are or are not
the policy of the government and (2) whether or not the
GERALD
- 3 -
President wishes and will permit the Church Committee
to investigate these assassination reports?
A: It is not the policy of this Administration to plot
political assassinations but the President does not
think it appropriate, as he stated in his Press Confer-
ence, to make comments on allegations of actions taken
in the early 1960s which may be the subject of pending
investigations.
BERALD FORD LIBRARY
3/20/75 QtA's
Phil:
These questions were left over from yesterday's briefing/
I doubt if they will come up today in the same fashion, but a
general statement of Presidential policy regarding the operation
of the FBI would be helpful for Ron texhaxa in case the subject
comes up today.
Jack Hushen
V
FBI
Deakin: Has the President requested a report from the AG re. the FBI
breaking into the Alexandria home. Does the President feel there are
circumstances under which the FBI should be able to enter a private
home without a search warrant?
Ted Knap: What is the President's reaction to the FBI report concerning
disruptive action taken against the socialist party.
Mort Kondracke: Did Levi receive instructions from the President to
bring for the first time, the FBI operation completely under the AG?
Layarus will
call Hushen
FORD & LIBRARY 0ERALD
2E 2
Ron Nessen
PC
or
fbi Dor G.
/
9
wh
C
J-27rcp - 2
1 C. 1:
The Nos, 52s
/
150
hear r.ov
N Cl S fbi
LIBEARY
the
7 o Caseluma Ken
GERALD ? FORD
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
THE WHITE HOUSE
WASHINGTON
Jay said wanted
you
this
WWW.LIDRARY FORD i LIBRARY ERAL
right away
Descared
Becausition
ayd
THE WHITE HOUSE
WASHINGTON
April 1, 1975
MEMORANDUM TO: PHILIP W. BUCHEN
FROM:
JAY T. FRENCH
Attached are questions and answers on the law suit
which challenges the constitutionality of the
appointment of President Ford to the office of
Vice President. Also, I have attached a copy
of the original news article.
I reviewed the House and Senate records of the
nomination hearings it appears that Rep. Bella
Abzug noted this challenge. However, I have
found no discussion of this challenge as yet. I
am continuing to search these reports for such
information.
FORD & LIBRARY QERALD
Question
What is your reaction to the lawsuit filed by Randolph Phillips in Federal
Court in Washington, D. C., challenging the constitutionality of your
appointment as Vice President?
Answer
Generally it is my policy not to discuss matters that are being litigated
in the courts. At issue is Clause 2 in Article I, Section 6 of the
Constitution which says no member of Congress during his term may
be appointed to an office the emoluments of which shall have been
increased during that term. As I understand Mr. Phillips believes my
appointment violates this clause because during my term the Congress
passed legislation increasing the retirement annuity payable to the
Vice President.
&
FORD
(4) 4/1/25
GERALD
071
Question
In light of these facts do you believe your appointment violates the
Constitution?
Answer
Once again I would point out that this matter is before the courts.
However, it is interesting to note that the case was dismissed in
the Federal District Court for lack of jurisdiction. Mr. Phillips
has appealed that decision to the Court of Appeals.
:
FORD
ERALO
(4) 4/1/75
LIBRA,
One Interpretation
Under this interpretation, a
man who secured appointment
OUSTING OF FORD
as Vice President by a bribe
or who succeeded to the Pres-
idency by arranging the death
BY COURT URGED
of the incumbent could not be
challenged in the courts at all
but only removed from office
by the impeachment process.
Suit Holds Appointment
When Mr. Nixon nominated
Was Unconstitutional
Mr. Saxbe, then a Senator from
Ohio, as Attorney General in
Member of House in 73
1973, he was later discovered
By WARREN WEAVER Jr.
When Mr. Ford was nominat-
to have voted for four years
Special to The New York Times
ed for the Vice Presidency late
earlier for an increase in the
WASHINGTON, March 29
in 1973 by President Nixon,
salary of that office from $35,-
A 64-year-old self-styled "con-
he was a member of the House.
000 to $60,000.
sultant to lawyers" has gone
During that term, only a few
To get around the obstacle
into Federal Court here seeking
weeks earlier, Congress had
of the remoluments clause on
a ruling that President Ford's
passed - legislation increasing
that. occasion, Congress ap-
appointment as Vice President
the retirement annuity payable
proved a special bill cutting
was unconstitutional and that
to the Vice President, among
the salary back to the smaller
he thus has no right to occupy
other Federal officials and em-
figure for the next six years
the White
ployes.
and
specifically
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 10, 1975
MEMORANDUM FOR:
PHILIP BUCHEN
JAMES CANNON
ROBERT HARTMANN
JAMES LYNN
JOHN MARSH
BRENT SCOWCROFT
WILLIAM SEIDMAN
WILLIAM SIMON
FRANK ZARB
FROM:
JERRY WARREN V
The President plans to hold a Q&A session with a panel from ASNE next
Wednesday, April 16, 1975.
In order to ensure that the President has adequate preparation time for
this session, it is requested that any input you have be in Room 164 EOB
no later than 12 Noon, on Monday, April 14.
Thank you for your cooperation.
NE
FORDO a DERALO LIBRAL
May 17, 1975
To:
Jerry Warren
From:
Phil Buchen
Attached are revisions
of the two a and A's
on Mayagues, which I
sent over a short time
ago.
FORD i LIBRAN 938870
May 17, 1975
To:
Dick Smyser
From: Phil Buchen
Attached are copies of
the revisions in the
d and A's for Mayaguez
as you suggested.
BERMLO R. Fire
May 17, 1975
To:
Jerry Warren
From: Phil Buchen
i
FORD
BERALD
May 17, 1975
To:
Dick Smyser
From: Phil Buchen
BERALO R. FRD WITH
Question
Senator Church has publicly expressed dissatisfaction at apparent
obstacles raised by your administration to the investigation by his
Senate Select Committee into the activities of the Intelligence
Agencies. What is your reaction?
Answer
Officials in my administration who are responsible for responding
to the requests by the Senate Select Committee also have a high
responsibility for reasonably protecting sensitive information from
any disclosures that could damage our foreign relations with particular
nations or risk the lives of individuals involved or destroy the effective-
ness of our vital foreign intelligence operations. Whatever delays have
occurred are only the result of ensuring this protection while at the
same time helping the Committee to obtain in an orderly and understandable
fashion all material on allegations which especially concern the Committee.
FORD & LIBRARD
PB 5/17/75
Question
In military actions to seize the captured MAYAGUEZ and
rescue its crew, did you comply fully with U.S. law?
Answer
I did. Neither the Cooper-Church Amendment in 1971 (which
prohibited use of U.S. ground combat troops in Cambodia)
nor the prohibitions in later appropriations acts against U.S.
combat activities anywhere in Indochina limited my Constitutional
authority under the circumstances in this case to protect American
lives and vessels from illegal attack and seizure. The War Powers
Resolution do es not in any way restrict the introduction of U.S.
armed forces into hostilities but merely calls for prior consultation
with the Congress if possible and subsequent reporting of the fact.
These procedural requirements were met.
FORD
PB 5/17/75 (revised)
GERAL
LIBRARY
MAYAGUEZ
Question
In military actions to seize the captured MAYAGUEZ and rescue
its crew, did you comply fully with U.S. law?
Answer
In my opinion, I did. Neither the Cooper-Church Amendment in
1971 (which prohibited use of U.S. ground combat troops in Cambodia)
nor the prohibitions in later appropriations acts against U.S. combat
activities anywhere in Indochina limited my Constitutional authority
under the circumstances in this case to protect American lives and
vessels from illegal attack and seizure. The War Powers Resolution
does not in any way restrict the introduction of U.S. armed forces into
hostilities but merely calls for prior consultation with the Congress
if possible and subsequent reporting of the fact. These procedural
requirements were met.
FORD it LIBRARY GERALD
PB 5/17/75
Question
Some members of Congress have raised the issue that you may
have notified but did not "consult" Congress before attacks started
to prevent movement of Cambodian boats between the MAYAGUEZ
and Koh Tang Island or between the island and the Cambodian
mainland. Others have raised the issue that you did not "consult"
with the Congress before you had already decided to seize the
ship and the island forcefully and to protect the operation by air
attacks on military targets. What are your comments on these
issues?
Answer
From the very beginning of this operation, as our diplomatic
and military actions developed, I kept the leaders of the
Congress fully informed. On the decision made under a
critical time deadline to use force in order to recover the
vessel and the crew, I discussed the contemplated actions
fully with the leaders of the Congress and of the appropriate
committees as soon as possible.
As a former Congressman, I fully believe that it is important
for the Congress and Executive to act together on major issues.
That is the philosophy that I have followed since the beginning
of my administration, and that I shall continue to follow. Neither
one of us can assume the responsibilities of the other, nor should
we try, but it is important that we should work together and
understand each other's views.
FORD & LIBRARY GERALD
PB 5/17/75 (revised)
MAYAGUEZ
Question
Some members of Congress have raised the issue that you may have
notified but did not "consult" Congress before attacks started to
prevent movement of Cambodian boats between the MAYAGUEZ and
Koh Tang Island or between the land and the Cambodian mainland.
Others have raised the issue that you did not "consult" with the
Congress before you had already decided to seize the ship and the
island forcefully and to protect the operation by air attacks on
military targets. What are your comments on these issues?
Answer
Whenever Congressional leaders were notified of intended military
actions, they had the opportunity to register their opinions, and all
opinions expressed were reported to me and indicated a general
concurrence in the steps contemplated to try stopping movement
of crew members from the ship or the island to the mainland or
reinforcement of Cambodian troops on the ship or the island. On
the decision made under a critical time deadline for U.S. Marines
to seize the ship and rescue the crew wherever they were held
captive, starting at daybreak of the final morning of the operation
(Wednesday evening, Washington time), I did fully discuss my
decision as soon as possible with leaders of the Congress and of the
appropriate Committees. This discussion came soon enough to have
permitted a modification of my orders for the attacks, but it resulted
in nearly unanimous concurrence in all aspects of the operation.
FORD & LIBRARY GERALD
PB 5/17/75
THE WHITE HOUSE
WASHINGTON
attached is /Seria revision.
noted
R. FORD
GERALD
CAPITAL PUNISHMENT
Q. The recent execution of Basque terrorists by the Spanish
Government has raised the issue of whether you support
capital punishment. Do you?
Background: At the daily press briefing 9/29/75, Ron Nessen
said he would not comment on your position because the issue
was before the Supreme Court. He said he would have to
check to determine your position before you became President.
A.
As you may know, the Supreme Court in 1972 struck
down a series of capital punishment sentencing
provisions which were imposed by judges or juries
without adequate standards for imposition (Furman V.
Georgia). However, the Court did not rule that the
death penalty is per se unconstitutional. The
Department of Justice has since proposed legislation
to provide objective standards for capital punishment,
imposable only upon conviction of treason,
espionage, sabotage and murder, in instances
where there are no mitigating circumstances
(e.g. immaturity, duress, etc.) ) found to be
present. Subject to further review of the issue
by the Supreme Court, I support this limited approach.
FORD is LIBRARY GENALD
9/30/75
THE WHITE HOUSE
WASHINGTON
I read the attached to Ken;
he did want to make a change
and called Shuman about it.
19/30 C
LIBRARY GERALD = FORD,
CAPITAL PUNISHMENT
Q. The recent execution of Basque terrorists by the Spanish Government
has raised the issue of whether you support capital punishment. Do you?
Background: At the daily press briefing 9-29-75, Ron Nessen said
he would not comment on your position because the issue was before
)
the Supreme Court. He said he would have to check to determine your
position befor e you became President.
A.
My understanding is that a Constitutional question arises
whenever capital punishment is imposed in a manner that
involves cruel and unusual punishment, lack of due process
or unequal protection of the laws. However, in Senate bill
No. 1, which represents a complete recodification of the
federal criminal laws, a revised approach is taken to the
application of the extreme penalty. This approach sets
objective standards for imposing capital punishment, and
I am advised the Department of Justice believes that the
standards and criteria in S. 1 would be upheld by the
United States Supreme Court. I, therefore, support this
approach subject, of course, to review by the Supreme
Court as to its validity.
Buchen 9/30/75
FORD is LIBRARY GERALD
Presidents
Briefing Book
Wednesday 2/25/76
12:15 Jim Shuman would like to put a Q&A in the President's
2863
briefing book re Goldwater's statement that former
President Nixon is violating the Logan Act, which
prohibits citizens from conducting foreign policy.
Goldwater indicates Nixon is violating it by going to
China and talking to the leaders.
to GERALD