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Selection of Vice Presidential Candidates (3)
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Selection of Vice Presidential Candidates (3)
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Barry N. Roth Files
Barry Roth's General Subject Files
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Department of Justice. Federal Bureau of Investigation. National Crime Information Center. (01/1967 - 02/1992)
Presidential campaign, 1976
Employee screening
Vice-Presidents
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The original documents are located in Box 31, folder "Selection of Vice Presidential
Candidates (3)" of the Barry N. Roth 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 31 of the Barry N. Roth Files at the Gerald R. Ford Presidential Library
file file UP selection
AS:jh:et
cc: Files
Gauf
JUN 16 1976
Scalia (2)
Rudolph W. Giuliani
Tulos
Associate Deputy Attorney General
COMEMANN
Antonin Scalia
Assistant Attorney General
out 6/16/76
Office of Legal Counsel
BBI Authority to Conduct Investigations of
Potential Vice-Presidential Nominees
We have been unable to find any statute which authorizes
the PBI to investigate possible Vice-Presidential nominees.
The FBI can, however, conduct such an investigation if so
ordered by a Presidential directive related to the Presi-
dent's exercise of his constitutional or statutory functions.
Sec. 23 U.S.C. $ 533(3). Such Presidential directive could
take the form of a generalized instruction, contained in an
Executive Order, or a particular request for a specific in-
vestigation. We have not, however, been able to identify
any Presidential constitutional or statutory function which
would clearly support such a directive in the present case.
Investigations of prospective or existing Executive
Branch personnel can, of course, be supported by the Presi-
dent's general powers under the Constitution to "take care
that the laws be faithfully executed," Art. II, $ 3. In-
vestigations of prospective judicial appointees upon Presi-
dential request can similarly be justified as necessary for
the President's proper performance of his nominating responsi-
bilities under the Constitution, Art. II, $ 2. As you have
noted, that rationale applied to the extensive investigations
of President Ford and Vice-President Rockefeller at the time
of their respective nominations to the Vice-Presidency.
The Bureau regularly conducts investigations, upon re-
quest of Congressional Committees, of prospective and existing
Congressional staff personnel. These might be justified on
the basis that the President's responsibility for protecting
sensitive military and foreign affairs information requires
some assurance that the Congressional Committees to which he
discloses such information have trustworthy staff personnel.
It is not clear, however, that all of the Congressional staff
investigations relate only to personnel having access to such
information. Moreover, that justification would not explain
the FBI investigations which are conducted of judicial clerks
GERALD
OSOS
-2-
and magistrates at the request of Federal judges. I think
all of these investigations (which are invariably requested
by the appointing Congressional Committee or by the appoint-
ing judge) may better be justified -- like Executive Branch
personnel investigations -- on the basis of the President's
inherent executive powers. That is to say, it can be main-
tained that certain aspects of the operation of Congress and
of the courts require executive activity which may in some
circumstances be performed for them by the Executive Branch
without further statutory authorization.
Whichever of the foregoing justifications is adopted,
it would not apply to the investigation of a possible Vice-
Presidential nominee. Neither the President nor the Congress
has any responsibility or power under the Constitution to
screen candidates for public office. We understand that a
rule against background investigations of elected officials
has in the past been rigidly maintained by the FBI, and
that no such officials have been targeted except in connec-
tion with criminal inquiries. It is possible (though I think
unlikely) that the Congress has the power to permit or even
require an investigation of candidates as a means of assur-
ing fair and fully informed elections -- the same power un-
derlying the Federal Election Campaign Act. But certainly
without such Congressional authorization, we see no basis
for the President independently to undertake such a respons-
ibility.
The one plausible basis which we can conceive of for
Presidential authorization of an investigation of a possible
Vice-Presidential candidate is the necessity of assuring his
trustworthiness for the purpose of receiving a national se-
curity briefing. (If consent to the investigation were not
given, the briefing would presumably not be conducted.)
There are several practical obstacles to effecting applica-
tion of this theory to the present case. Such briefings have
to our knowledge not previously been given to Vice-Presidential
candidates; and they have been given to Presidential candi-
dates only after party nominations have been decided; and it
has never been the practice, even then, to conduct prior in-
vestigations. In addition, there is in our view a possible
constitutional impediment to conditioning the conferral of
such a clear benefit in the political campaign upon agreement
to an investigation, particularly when the incumbent Presi-
dent himself is an opposing candidate.
DEPALD R. FORD
-3-
We are, in short, unable to identify any authority
which would properly support a directive to the FBI to
conduct an investigation in the present case.
BERALD R. FORD
BILL BROCK
COMMITTEES:
TENNESSEE
FINANCE
GOVERNMENT OPERATIONS
SPECIAL COMMITTEE ON AGING
SELECT COMMITTEE ON
United States Senate
SMALL BUSINESS
WASHINGTON, D.C. 20510
June 17, 1976
Mr. Philip W. Buchen
The White House
Washington, D.C.
Dear Mr. Buchen:
As a participant in the Institute of Politics' Study Group
on Vice-Presidential Selection, I thought that you would be
interested to know that I have reintroduced my bill to pro-
vide for background checks on prospective Vice Presidential
candidates. For your information, I am enclosing a copy of
the bill and my introductory remarks.
Very truly yours,
Girs Beven
BILL BROCK
LISRARY
BB:g1s
FORDO :
Enclosure
Record
United States
of America
PROCEEDINGS AND DEBATES OF THE
94th
CONGRESS, SECOND SESSION
Vol. 122
WASHINGTON, THURSDAY, JUNE 10, 1976
No. 89
Senate
By Mr. BROCK:
S. 3552. A bill to provide for an inves-
without the passage of a law such as
normal procedures used for a top-secret
clearance. The results of the investiga-
tigation of the character and past ac-
the one I now propose.
tivities of potential Vice Presidential
If a procedure is to be established for
tion would be released only to the winner
nominees by the Federal Bureau of In-
the investigation of a potential Vice
of the Presidential nomination, or the
Presidential nominee, we must insure
President, and only with the written
vestigation. Referred to the Committee
that there are adequate safeguards to
consent of the person investigated. Also,
on Rules and Administration.
Mr. BROCK. Mr. President, the long
accompany it. I was intrigued upon hear-
only the Presidential candidate himself
primary process is now at an end, and
ing the directors of our intelligence op-
and one other staff member chosen by
our election focus will now be directed
erations testify earlier this year before
the candidate may view the records.
toward the national conventions. Thus,
the Government Operations Committee
An FBI agent would serve as custodian
for the next few weeks, the potential
that they would welcome a set of estab-
of the records. After the selection of the
lished procedures for such investigations.
Vice President, all investigation reports,
Presidential nominees will receive in-
tense analysis by the media and by the
While safeguards and procedures are
including that of the Vice Presidential
vitally important, I must also point out
nominee shall be destroyed. It will be a
voting public, prior to the moment when
each party selects its standard bearer.
that FBI background investigations are
Federal offense of up to 5 years im-
very standard procedure. All of our mili-
prisonment and a $50,000 fine for un-
Then what happens? The next order
of business will be for a very tired nom-
tary and Foreign Service officers have
lawful disclosure of the results of any
Ince and an equaly tired staff to pick a
background investigations as do many
investigation.
running mate for the Presidential candi-
other senior officials throughout the
Mr. President. there have been other
Government and congressional staffs.
reforms suggested. While many have
date-his Vice Presidential nominee.
If a person cannot pass a check that our
merit, I think that my investigation pro-
That position is only a heartbeat away
military and Foreign Service people
cedure is rather seminal to any true re-
from the Presidency, and it is a position
which 4 times In the past 25 years
must, he should not be the Vice Presi-
form. I ask unanimous consent that my
has led to the Presidency itself. As the
dent.
statement before the Republican Na-
process begins on nomination night,
President Ford mentioned that dur-
tional Committee in 1974 be printed in
chances are all too good that the person
ing the course of his selection as Vice
the RECORD at this point, together with
chosen to fill the slot of the Vice Presi-
President, he was the subject of a search-
the text of the proposed legislation.
dential nominee will be selected with
ing inquiry by over 400 agents. And of
There being no objection, the bill and
course, Vice President ROCKEFELLER
statement were ordered to be printed no
perhaps a too cursory check and too su-
perficial thought.
underwent a 4-month investigation and
the RECORD, as follows:
confirmation process, even though he had-
S. 3552
This procedure has led to embarrass-
been in the forefront of public scrutiny
Be it enacted by the Senate and House of
ment to both parties in the past 4 years.
Yet, virtually nothing has been done to
for some 20-odd years. Yet, a Vice Presi-
Representatives of the United States of
improve the system of selecting Vice
dential nominee in July and August will
America in Congress assembled, That, for
Presidents.
literally be chosen overnight.
purposes of this Act, the term-
(1) "Presidential primary" means any ele...
Two weeks ago, there was an offer
An FBI check is not unprecedented.
tion held for the expression of a preference
extended by President Ford to the Demo-
In fact, it might actually be considered
by the voters of a State for the nomination
cratic nominee for the use of the serv-
a standard practice.
of a candidate for election to the office of
ices of the FBI to investigate potential
However, if it is going to become a
President;
Vice Presidential choices.
continuous standard practice, we will
(2) "political party" means any political
Mr. President, I think this is a step in
need established procedures and safe-
party whose candidate for election to the
the right direction. Three years ago, I
guards.
office of President in the most recently con-
offered this system of background infor-
With this in mind, I am once again
ducted Presidential election received more
mation gathering.
introducing my bill to provide for an in-
than 10 per centum of the total number of
votes cast throughout the United States for
I applaud President Ford for making
vestigation of the character and past
all such candidates, treating votes cast for
activities of potential Vice Presidential
such an offer, but I must point out that
the election of Presidential and Vice-Prest-
nominees by the FBI. Although this bill
there may be two shortcomings in this
dential electors who are amliated with A
is especially for nominating procedures,
political party as votes cast for the Prest-
offer.
it would also establish procedures for
dential candidate of that party;
First, there are some questions as to
25th amendment cases.
(3) "national nominating convention
whether potential candidates can be in-
Briefly, this measure would allow, but
means a convention held by B political parts
vestigated without a specific law, such
not require, principal presidential can-
for the purpose of nominating the candidate
as the one I suggest. Second, and per-
of that party for the office of President: and
didates the opportunity, to submit the
haps more important, the President's
(4) "Presidential candidate" means an
names of 10 possible candidates for vice
proposal contains no safeguards and,
individual who--
president to the FBI. The investigation
indeed, could not have legal safeguards
(A) is qualified under the Constitution 1.
of the contenders shall consist of the
serve as President if elected to that office
and
(B) files with the Attorney General. not
date to inspect the evidence and informa-
the primary standard, yet It is the one most
later than 3D days before the date on which
tion, and no part of such evidence or infor-
neglected under present V.P. selection pro-
the national nominating convention of a
mation shall be removed from the custody
cedures. A Presidential candidate must sur
political party is scheduled to begin-
of the Federal Bureau of Investigation.
vive anywhere from three years to a mini
(1) a statement in writing personally
Sec. 3. (a) Upon the nomination of a can-
mum of six months of scruting by the fourth
signed by him stating that he is a candidate
didate for the office of Vice President by the
estato, and no man with skeletons In bis clos
for nomination of that party for election to
President acting under the Twenty-Afth
et can survive that scruitny. A V.P., however
the office of President, and
Article of Amendment to the Constitution of
is chosen overnight, and although ostensibly
(11) a substantial number of statements in
the United States, all evidence and informa-
is 8 man of character and Integrity, as past
writing each of which is personally signed
tion relating to such candidate obtained
events have shown, this 13 not always the
by a delegate entitled to vote in such con-
from an investigation authorized In section
case. Thus, the first requirement for any BO-
vention for the selection of the candidate of
2 shall be forwarded to the appropriate com-
lution is to select a procedure to ensure that
that party for election to the office of Presi-
mittees of the Congress. Upon the confirma-
only men of integrity are chosen.
dent stating that such delegate intends to
tion of such candidate by and with the ad-
II. Competibility
vote for the nomination of that individual
vice and consent of the Senate. all evidence
and information relating to other potential
The man chosen for the Job must be com-
as the candidate of that party for election
Vice-Presidential nominees obtained from an
patible with the Presidential candidate. Al-
to the office of President when the conven-
tion is held.
investigation authorized in section 2 shall be
though many have suggested that & Vice
destroyed. and no memorandum, copy, or
President should often take opposing views
For purposes of clause (ii), an individual
other record of such evidence or information
on issues, in practicality. this would be ut-
shall be considered to have furnished a sub-
shall be retained.
ter nonsense and even dangerous. According
stantial number of statements from dele-
gates to the national nominating convention
(b) Upon the nomination of a candidate
to some, the then V.P. Humphrey was totally
opposed to President Johnson's Vietnam
of & political party If he has furnished the
for election to the office of Vice President by
policies, and they feel he should have spoken,
greatest, next greatest, or third greatest
the national nominating convention of a
but would this have served the country well?
number of statements from such delegates
political party. all evidence and information
Think of the effect on allies, or worse, enem-
in comparison to the number of statements
relating to potential Vice-Presidantial nomi-
nees of that party obtained from an investi-
1es If a President was in ticklish negotia-
furnished by all other such individuals, or
tions on one path, while his V.P. was advocat-
gation authorized in section 2 shall be
if he has furnished statements from 10 per
ing another.
destroyed, and no memorandum. copy, or
centum of such delegates.
I am not suggesting that a V.P. becomes a
other record of such evidence or information
Sec. 2. (a) (1) Whenever there is a vacancy
complete lackey of the President. But he
shall be retained.
in the office of the Vice President, the Presi-
must be 8 man of the same general persua-
Sec. 4. No evidence or information ob-
dent may, in writing, request that the At-
sion. Thus, another requirement is that the
tained under or in connection with an Inves-
torney General investigate not more than
Presidential candidate must have a strong
10 individuals lised in such request by the
tigation carried out under this Act shall be
voice in the selection of the V.P.
President as potential Vice Presidential
admissible in any proceeding before any
III. Political Pragmatism
nominees.
court of the United States or of any State.
(2) A Presidential candidate may, In writ-
SEC. 5. The disclosure. release, or retention
Despite the outcry of some. political con-
ing, request the Attorney General to investi-
of evidence or information in violation of
siderations must be allowed to be a criterion
gate not more than 10 individuals listed in
the provisions of this Act shall be punish-
for the selection of the Vice President. I do
able by a fine not to exceed $50,000, impris-
not mean the backroom, smoke-filled room
such request by the Presidential candidate
as potential Vice-Presidential nominees.
onment for not to exceed five years, or both.
type politics, but honest, open politics.
(3) The Attorney General, upon receiving
STATEMENT OF SENATOR BILL BROCK
What I mean by this is that there must be
room for maneuvering in such areas as try-
a written request from the President under
Mr. Chairman: The events of the past two
ing to obtain a balanced ticket or using the
paragraph (1) or from a Presidential candi-
years have amply demonstrated that we have
V.P. selection to try to heal party wounds.
date under paragraph (2), shall direct the
to take a hard look at the methods we now
Some people say that Humphrey lost the
Federal Bureau of Investigation to conduct
use to choose our Vice Presidents. It is no-
1968 election because he could not beal the
an investigation of the individuals listed in
tually unfortunate that it has taken so-
wounds of the Democratic left, and I think
such request. The investigation shall be of
called "scandals" to make ua address this
that I can safely say that had John Kennedy
the same nature extent, and scope as an
problem, when in actuality, as we look at
not picked Lyndon Johnson as his V.P., be
investigation conducted by the Federal Bu-
the Vice Presidential office since World War
would have lost the election.
reau of Investigation In connection with the
II, we see that three Vice Presidents have be-
mother requirement and standard
granting of a top secret security clearance
come Presidents-Trumana, Johnson and
selection process of the V.P. must
to any individual employed by the United
Nixon, while another Vice President, Hubert
be aboved to cope with realistic polities
States.
Humphrey, was a seroius Presidential nomi-
There is nothing dishhonorable in honest
(b) The Attorney General shall notify
nee. In short, the Vice Presidential office has
open politics.
each individual who is the subject of an in-
take on great importance, and it is unfortu-
IV. Democratic and Fair
vestigation conducted under this Act when
nate that it took problems in both our par-
such investigation is completed and shall
ties to bring about serious consideration of
Any method used to choose the V.P. cand:-
give such individual an opportunity to re-
reform.
date must be as fair and democratic as pos-
view the evidence and information obtained
I have given this matter serious thought
sible. The most obvious method would be
through such investigation. No evidence or
and, in fact, have introduced a bill, S. 2741,
for the V.P. candidate to also run (as some
information obtained by an investigation
that could perhaps deal with the problems
have suggested, and which I will mention
that have plagued the Vice Presidential can-
later), but this would not always be com-
conducted under subsection (a) shall be re-
leased to any person without the written
didates of both our parties. Briefly, my bill
ensurate with the other standards, namely.
consent of the individual who is the sub-
provides for a standard "top secret" clearance
II. Compatibility. and III. Political Prag-
ject of the investigation.
check of potential Vice Presidential candi-
matism.
dates that the Presidential candidate could
Another requirement therefore is that the
(c) If an Individual investigated under
read before he made his selection.
selection process should be as democratic and
subsection (a) consents in writing, as pro-
Before explaining my bill, however, I would
fair as possible under the circumstances.
vided under subsection (b), to the disclo-
stire of the evidence and information ob-
first like to establish some guidelines or
Now, let me review and comment on some
of the suggestions now being used or pro-
tained in that investigation, the Attorney
standards, a touchstone that should be used
General shall permit Inspection of such evi-
for the selection of Vice Presidential candi-
posed for the Vice Presidential selection proc-
dence and Information by the President who
dates; then second, review some of the pro-
ess.
requested the Investigation and by one other
posals for change now being advocated in the
To the best of my knowledge, there are
press and elsewhere.
now about ten methods used or being pro-
person designated by the President, or by the
posed:
Presidential eandidate who requested the in-
STANDARDS FOR CHOOSING A VICE PRESIDENT
1. Traditional Method.
vestigation and by one other person desig-
What are the standards and guidelines we
2. Vice President as Candidate.
nated by such candidate, but only If such
should try to aim at for choceing a V.P.?
3. Immediate Declaration by Presidential
candidate has been nominated by the na-
The list of standards for the man who stands
Candidate.
tional nominating convention of the politi-
a heart beat away from the President is end-
4. Runner-up as Vice Presidential Candi-
cal party with which he is affiliated. Any
less, but I have tried to conceptualize them
date.
such Inspection shall be carried out on
under four general headings:
5. Self Nomination.
premises designated by the Attorney General
I. Integrity.
6. Open Convention.
and in the presence of an employee of the
II. Compatibility with President.
7. 48 Hour Delay in Convention.
LIBRARY
Federal Bureau of Investigation who shall
III. Political Pragmatism.
8. Special Convention.
be the custodian of such evidence and in-
IV. Democratic and Fair.
9. 25th Amendment-type Method.
formation. No copy. record. or memorandum
I. Integrity
10. Pre-invest:
0: any matter contained in such evidence
and information shall be made by the candi-
Obviously, the man who may well be Pres-
1.
date or the person designated by the candi-
ident should be a man of integrity. This is
The tradition.
course,
to
let
2
the Presidential candidate "pick" his choice.
7. 48 Hour Convention Delay
elected delegates, It would be as democratic
Thiousually Thakes the candidate compatible
Senator Humphrey has suggested an extra
and fair as any other method.
with the President, although not necessarily
so, because this method also satisfies another
day for the convention with a day between
My proposal would be & change in the law
the selection of the President and the Vice
while this comunittee is really concerned
criteria, Political Pragmatism, which has in
the past made Presidential candidates choose
President. The obvious reason is to avoid the
with convention rules. I have two that I
incompatible, yet politically pragmatic peo-
rush to choose the V.P. But I don't think &
would like to suggest:
ple. This method is democratic and fair to
48 hour delay is going to be sufficient time
(1) I endorse the Humphrey proposal that
to get at the integrity of a man. It does give
we need a 48 hour delay between the seler-
the extent that the convention, elected offi-
the Presidential candidate more time to look
tion of the Presidential candidate and hi:
cials, do confirm the man, yet they usually
over the field, and thus meets the compatl-
choosing a Vice Presidential selecter. and
have little choice.
But, this method has obvious short com-
bility and political tests, and is as democratic
(2) I like the Idea that the convention
ings.
as any present method, since the elected dele-
should have some kind of open choice of
gates have the final selection, but It does not
candidates, but I think that the Presidential
2. The Vice President as Candidate
candidate should be allowed to choose the
get at the "integrity" question.
This was the method used by Endicott Pea-
two to five candidates.
8. A Special Delayed Convention
body during 1972, and, quite frankly. it is the
However, I would like to point out that
most appealing from the "democratic" view-
In 1972, the Democrats used a special con-
these suggestions, a 48 hour delay. and an
point. Since he ran as a candidate, one would
vention to choose Shriver and Senator Hum-
open convention would still not solve the in-
think that he would have been under close
phrey has mentioned this as a method if the
tegrity problem, unless the provisions of my
scrutiny, and thus passed his "Integrity" test,
Presidential candidate desires more time.
bill, S. 2741, are available to the Presidential
This would give the party time look into a
candidates.
but in fact, he was almost completely ignored
by the press. However, were this the standard
candidate's "integrity," but I believe that it
What I suggest in my plan, a "top secret"
procedure, the press might pay more atten-
fails the other three requirements. First, it
security clearance check on prospective Vice
tion to V.P. candidates, but they would prob-
is not democratic, but smacks of the old
Presidents raises the specter of civil rights
ably still be overshadowed by the Presiden-
backroom politics picked by the party bosses.
and invasion of privacy,' which. quite
tial race.
Second, this could definitely jeopardize the
frankly, have bothered me, but I would like
This method has two major drawbacks,
compatibility requirement, since, as we have
to point out certain items:
however, it does not insure compatibility.
seen all too often the party structure has a
(1) A top secret security clearance Is &
and could even worsen this element, since
different philosophy from the convention del-
standard clearance required of virtually all
over the campaign period the V.P. would have
egates who are "elected" officials.
our military and foreign service officers and
built his own constituency. Also, this might
Third, this is not politically feasible since,
many serlous officials in other agencies, and,
fall the political pragmatism test.
for the same reasons cited in two (2), the
if a man cannot measure up to those stand-
Presidential candidate could find himself
ards, then he should not be Vice President.
3. Immediate Declaration by Presidential
with a politically unacceptable partner who
Candidate
(2) Jerry Ford went through a consider-
happened to be the favorite of the party.
ably more detailed inspection than'I suggest,
In a recent article, James I. Loeb has sug-
We must remember that even though V.P.'s
and I did not hear any civil libertarian ob-
gested that Presidential candidates immedi-
have become increasingly important, and
ject.
ately make known their choice. Like the "V.P.
often gone on to be Presidents, people still
as Candidate" notion, this has some immedi-
(3) There are six personal safeguards in my
are voting for the President and he should
bill:
ate appeal. It certainly passes the compati-
have the right to have a strong input for a
billty and democratic requirements, and
First. a person first fills out a personal in-
V.P. of his choice.
probably also would take care of the "integ-
formation background form, and since this
rity" test.
9. 25th Amendment-type Proposals
is voluntary, the potential candidate could
But, what about the political pragmatic
It has been suggested by some, and with a
refuse initially.
requirements? As the author himself points
constitutional amendment by Senator Grif-
Second, the report could only be released
out, who would choose to be "second" on B.
fin, that the Presidential candidates run
with the written permission of the person in-
tacket but even worse. this would eliminate
alone, and then afterwards use some sort
volved.
Kennedy-Johnson type tickets, or, looking
of 25th Amendment-type proposal to choose
Third, only the Presidential candidate and
into the future, a Reagan-Percy type ticket.
the Vice President. There is a certain amount
one advisor are allowed to look at the reports.
In short. immediate declaration type tickets
of appeal for this, especially if you are wor-
Fourth, there are stiff penalties for dis-
would tend to polarize the party, which, in
ried about the integrity of the Vice President
closing information from these reports.
my estimation, is bad, and/or would elim-
Gerald Ford underwent probably the most
Fifth, information obtained by the investl-
inate Kennedy-Johnson type tickets.
careful and close scrutiny of anyone ever
gation cannot be used against the persons
4. Runner-up as Vice Presidential Candidate
nominated for anything.
Sixth, and finally, the reports are destroyed
It has been suggested by many that the
Although this has appeal, there is one ma-
after the selection.
runner-up should become the Vice Presiden-
for drawback in this approach that bothers
Although I hate to suggest such a bill, I
tial candidate, and this, of course, does
me. I believe that in a democracy the people
happen often. But, what about the situation
should have a chance to vote for their Vice
think that the events of past years have
shown that we need better information on
where the Presidential candidate and run-
President, and that any man chosen should
be subject to the requirements of running
our Vice Presidential candidates, especially
ner-up are from completely different wings
for office.
since SO many may eventually become Presi-
of the party? For politically pragmatic rea-
dent. The President of the United States
sons, they may want to join forces to "heal
10. Investigation Method
simply must be a man above reproach.
party wounds," however, I would hate to see
Unless the Vice Presidential candidate hits
a situation where they were "forced" to join
the campaign road for the entire period and
together.
comes under press scrutiny, the only way to
5. The Self-Nomination Method
satisfy the "integrity" problem is by using
At the 1972 Democratic Convention, we
some sort of investigative method. Consider-
saw Senator Gravel use the novel method of
ing the fact that only one recent Vice Presi-
nominating himself. I believe that Senator
dent, Johnson, was under the press survey,
Gravel was deadly serious, and I know him
while most were relatively unknown, I think
to be an honorable man. However, this type
that we do need some sort of investigative
LIBRARY
of method could be used by demogogues,
method for choosing our Vice Presidential
plus, it fails all four tests for election of a
candidates.
V.P.
The Democrats have suggested, and then
FORD
6. An Open Convention
rejected, a special Party Board to go into
I must admit that an open convention has
the background of potential Vice Presiden-
quite a bit of appeal to me, but under cer-
tial candidates. I think the Democrats wisely
07V830
tain limitations. I would not favor the com-
concluded that any such private dossier sys-
tem could be easily misused.
pletely open convention as done by Adial
Stevenson in 1956, because, again, I think
I have introduced a bill, S. 2741, that would
you might come up against the compatibility
take care of this investigative problem un-
problem. What I would like to see, however,
der standard government procedures. My bill
is an open convention, whereby the Presi-
would allow leading candidates to supply the
dential candidate announces the name of
FBI with a list of up to ten names of a
two or three persons, and lets the convention
standard "top secret" investigation, at least
choose. This would be fair and democratic as
sixty days prior to the convention. In my
possible while fitting in with the realities of
estimation, this would satisfy all four stand-
compatibility and political pragmatism.
ards for choosing a V.P. It should take care
However. this still does not get at the "In-
of the most serious problem-that of inte-
tegrity" issues. because, once again, a virtual
grity. With a choice of ten, I believe that it
unknown could still be chosen as Vice Presi-
would also satisfy the "compatibility" and
"political pragmatism" tests. And, since the
dent with the same results.
man would still have to be confirmed by the
- 15 -
#511-6/17
Q
What are the President's plans in going
about choosing a Vice Presidential running mate? Is he
going to continue not to consult with anyone or at some point
does he plan to talk to people about this, or is he going
to go to the top of the mountain?
MR. NESSEN: I don't know what the future plans
are, but I am just trying --
Q
Doesn't he think he better --
Q
Let him answer the question.
MR. NESSEN: I started to tell Ed, I don't know
what the future plans are for making his selection, but I
have tried really in a very sincere way to convey to you
what the situation is now, and that is all I can do.
Q
Ron, can you explain why whenever Governor
Connally comes in here it suddenly does not show up on the
schedule? Is there any reason for it?
MR. NESSEN: I don't think there is anything,
you know, especially unusual about that. There are a number
of people and groups who come in from time to time to visit
the President, and, you know -- we have gone over this before --
he does have a private schedule. Connally is on the private
schedule
sometimes and on the public schedule sometimes.
Q
Ron, for the record we overlooked this
earlier the subject of possible troop movements in the
Middle East come up this afternoon?
MR. NESSEN: There is no anticipation of any
American military involvement in Lebanon.
Q
Ron, to follow up Dick's question, when
Vice President Rockefeller said that Governor Reagan would
not be a candidate, you are not disputing the Vice President?
MR. NESSEN: I have not seen that statement by the
Vice President. I cannot speak for the Vice President.
Q
It was on Meet the Press.
Q
On Meet the Press he said he was personally,
absolutely certain that the Governor would not --
MR. NESSEN: I can't help you out in that area.
All I am saying is that the first time you will hear anything
that -- well, I don't know what the Vice President said and
I would have to look at the transcript to find out, but,
leaving that aside and in no way connected with it, I am
saying that you will not know anything that is authoritative
and represents the President's thinking until you hear it
from the President, and if others --
Q
Would you like to bet a dollar on that?
MORE
#511
- 16 AM
#511-6/17
MR. NESSEN: I will, Ted, very much bet a dollar on that
or any amount of money, because I know that that is indeed
the situation and I know that -- I mean, you have been around
Washington a long time. This is a quadrennial game of guess
who the Vice President is going to be, and a lot of people
down in the bowels of the building and some up in the top
of the building like to suggest that they know either that
he has made up his mind and, if he has, who it is, and that
is, as I say, a quadrennial game. You are simply going to
be wrong if you take any of those people's word for that during
this period until you hear it from the President.
Q
When you say this period --
Q
When will we hear it from the President?
MR. NESSEN: As I said to Ed, I don't have a
timetable for that.
Q
Ron, are you saying that we should not take
Connally's word on this, by the way?
MR. NESSEN: Just a step away from your question,
Tom -- (Laughter) --- the President has not consulted on this
with anyone.
Q
Ron, are you through with that?
FORD
MR. NESSEN: I don't know.
Q
Did Connally give him any kind of light
lecture yesterday on the fact that he better get working on
this thing, that it was going to get away from him if he
was not careful?
MR. NESSEN: Well, Phil, there were only two
people in the meeting and I was not one of them so I don't
know what they discussed.
Q
Ron, did the President meet with Congressman
Joe Waggonner of Shreveport this morning, and did they discuss
Waggonner's case in which he has been written about by the
New York Post?
MR. NESSEN: Well, today was one of the Congressional
hours and I think if you recall Congressional hour it is one
of those occasions in which an hour or an hour and a half
is set aside for very brief meetings with Members of Congress.
Q
Yes, we know that, but that is not the question.
MR. NESSEN: Well, I want to set in context why
Congressman Waggonner was here. He came in with one of his
constituents, the Reverend Ashley T. Law --
Q
Southern Baptist? (Laughter)
MORE
#511
THE WHITE HOUSE
WASHINGTON
June 17, 1976
Dear Jonathan:
Many thanks for sending me a copy of the
report recently completed by your Study
Group concerning the selection of Vice-
Presidential candidates.
I look forward to reading this report
as I am sure it represents a very thought-
ful commentary on this subject.
Congratulations on having completed this
work so expeditiously!
Very best personal regards.
Sincerely,
LIBRARY
Thil
TURO
Philip W. Buchen
Counsel to the President
"a
SERVID
The Honorable Jonathan Moore
Director
Institute of Politics
Harvard University
78 Mount Auburn Street
Cambridge, Massachusetts 02138
News Office
1976-79
Harvard University
Holyoke Center 1000
Cambridge, MA 0213
Tel. 617-495-1585
June 8, 1976
Mrs. Deane W. Lord, Director
FOR RELEASE: Monday, June 14, 1976
BEBAL
Harvard University's Institute of Politics released today the report of its
Study Group on Vice-Presidential Selection, containing fifteen "mutually reinforcing"
recommendations favoring "a set of procedures more likely than the present ones to
assure selection of Vice-Presidents competent to assume the Presidency itself."
Citing current one-to-two odds that the Vice-President will eventually become
President, and the Eagleton-Agnew incidents, the report criticizes the present system
as "too prone to error" and containing "an inherent and unacceptable degree of risk."
The study group's report is made public "in hopes of influencing the way the
Vice-Presidential nominees are selected in 1976 and of improving the process further
before 1980.' Its recommendations:
*
Protect the predominant role of the Presidential nominee in the selection of
a running mate, and reject methods of an "open" convention or a "mini-convention"
convened subsequent to the regular national convention.
*
Emphasize a "more open system, responsive to the public" which would "strengthen
the chances of informed and responsible choice," relying upon "sensible, feasible,
and largely voluntary" roles for the parties, candidates, and the media.
Support "Presidential competence" as the primary standard for Vice-Presidential
selection, with "electoral balancing" as a secondary factor, pointing out that
the two "are neither mitually exclusive nor naturally contradictory."
Propose rearrangement of the schedule for national conventions so as to place
the platform debates following the Presidential nomination and preceding the
Vice-Presidential choice--allowing time for "more care and deliberation with
opportunity for more thorough and extensive consultation."
Endorse a strengthened party role by establishing advisory committees of the
two national parties which would undertake advance preparation and background
research prior to the convention, widen the process of consultation, and "provide
information and advice on potential Vice-Presidential candidates to the nominee."
Urge the Presidential candidates to give higher priority to Vice-Presidential
selection--through advance staff work, public discussion of criteria, and public
listing of "serious preferences for the Vice-Presidency before the convention."
*
Oppose F.B.I. background checks for prospective Vice-Presidential candidates by
administrative action; but request Congressional consideration of legislative
authori for "appropriate background investigations to be conducted by
-more-
Institute of Politics
-2-
the F.B.I., under timely and fair arrangements and with effective controls
against violations of privacy and misuse of sensitive information."
*
Stress the key role of the media in public exposure and involvement in Vice-
Presidential choice, urging the commitment of "reporters, time and funds to
extensive coverage and investigation of potential running mates, including
interviews plus in-depth reporting on issues and backgrounds."
The Study Group on Vice-Presidential selection, which began its work in February,
reviewed earlier studies and proposals and interviewed various experts and current
practitioners in the process, before completing its own analysis and recommendations.
Its members are: Christopher Arterton, Assistant Professor of Political Science,
Yale University; Timothy Barrow, Fellow, Institute of Politics, formerly Mayor of
Phoenix, Arizona; Lawrence D. Brown, Assistant Professor of Government, Harvard
University; Eugene Carlson, Fellow, Nieman Foundation, economics reporter, United
Press International; Barney Frank, Massachusetts State Representative; K. Dun
Gifford, Vice-President for Urban Affairs, Cabot, Cabot & Forbes, formerly Chairman
of Common Cause/Massachusetts and Legislative Assistant to Senator Edward Kennedy;
Charles Greenleaf, MPA Program, John F. Kennedy School of Government, formerly
Legislative Assistant to Governor Milliken of Michigan; Ira Jackson, Special Assistant
to the "Institute Director, formerly Administrative Assistant to Mayor Kevin White of
Boston; Elizabeth Goddard (Rapporteur), Institute staff; and Jonathan Moore (Chairman)
Director of the Institute of Politics. Excerpts from the Study Group's Report:
On the problem:
"We take the view that rational discussion and exploration of alternatives should
be continued, and that increased public attention to methods of Vice-Presidential
selection is itself a necessary first step toward improvement
Our general
objective is to suggest a set of procedures more likely than thepresent ones to assure
selection of Vice-Presidents competent to assume the presidency itself. Our point of
departure is not that the present approach has worked poorly on the whole, but rather
that it is inherently risky. We grant that no Presidential nominee would knowingly
choose a running mate unfit to hold the highest office. However, we are skeptical
that the present system is adequately self-correcting or that we can simply trust
future Presidential nominees to exercise 'exquisite care' in choosing running mates
in the absence of procedural reform.
"We do not believe that radical changes are desirable or workable
We
address, therefore, the practical roles which the parties, the candidates themselves,
and the media can usefully and quickly play. Our recommendations recognize the
inherently pluralistic and democratic character of the process, and we believe their
non-dramatic nature makes them more rather than less compelling."
*****
-more-
Food
LIBRER
Institute of Politics
-3-
R.
On standards:
STREET
We recognize that strong short-term political needs--for regional balance, to
heal party divisions, to prevent the Presidential nominee from being upstaged, and
the like--may detract from competence as the main criterion. However, the selection
of a running mate with the purpose of maximizing the popular vote, securing key blocs
in the electoral college and creating a sense of representation and legitimacy
among various population elements--therefore enabling an administration to govern
effectively, is a valuable aspect of the political process
It is implausible
that the dictates of short-term political balance are so compelling, and the available
set of high-quality political figures so limited, that a Presidential nominee need be
forced to sacrifice competence to campaign victory in a possible successor."
On parties:
"By undertaking modest but useful reforms, the national parties can not only
improve Vice-Presidential selection, but also strengthen their own relevance and
influence in a period unhappily marked by party decline
As it is now, both
parties treat Vice-Presidential selection as a low-priority matter, an afterthought
unworthy of serious preparation.'
On candidates:
"In urging special responsibilities in Vice-Presidential selection on the
Presidential candidate, along with recommendations affecting other participants in
the process, we seek to strengthen and protect their role rather than to diminish
it. If their responsibility is to remain a commanding one, however, it should be
carried out with a greater commitment of time and effort than has generally charac-
terized past behavior, beginning well before nomination rather than immediately
following it.
"The greatest weakness in the present system is the fact that whereas the
Presidential candidates go through months of exposure and arduous campaign work
before coming to the convention, the Vice-Presidential candidate is often unknown,
both to the public and the nominee. When the Vice-Presidential candidate happens to
be chosen from the ranks of candidates actively contesting the primaries, there is
much less of a problem, but this cannot be guaranteed
(We) attempt to correct
this weakness in the system without challenging the nominee's prerogative to make
the choice."
*****
On background checks:
"The question of background checks on prospective Vice-Presidential candidates
is characterized by uncertainty and controversy. Many believe that they would not be
-more-
Institute of Politics
-4-
worth the risks involved, including possible violation of privacy, abuse of
confidential information, lack of credibility, and misrepresentation.
"The study group believes that a thorough examination of a Vice-Presidential
candidate's personal and political background, now lacking, is a desirable component
of the overall process
(But) any process of background checks must be accom-
plished with a maximum of understanding, support, and credibility. Otherwise the
cost will be greater than the benefit, and we would do better without it. It is this
belief that leads us to the conclusion that a systematic check for Vice-Presidential
candidates should not be undertaken by administrative action and loose agreement
among the interested parties, but only by way of the legislative process. This would
assure adequate deliberation--solicitation of views through public hearings, careful
analysis by Committee staff, open debate in both houses of Congress, and the chance
for Presidential approval of a new statute."
On the media:
"The press should earmark a substantial slice of its resources toward calling
attention to the inequities and foibles of the present selection system and toward
covering prospective Vice-Presidential candidates
The urgency of the ongoing
campaigns and the uncertainty of the outcome leaves the unfortunate possibility that,
once again, the selection of running mates will be a last-minute decision. In that
event, it will be more crucial than ever for reporters to dig deeply into the back-
grounds and public records of the candidates, acting as a supplement to a highly
imperfect selection procedure. To the extent that potential contenders for the second
slot can be identified and examined in advance, the process will be improved."
The Institute of Politics was established in 1966 in the John Fitzgerald Kennedy
School of Government at Harvard University as a living memorial to the late President,
with the objective of increasing the understanding and cooperation between the
university community and the political world. It conducts a student program, a
Fellowship program, a program of Faculty Studies, and a program of special projects,
including analyses of the political process and orientation courses for freshmen
members of Congress and newly-elected Mayors.
-end-
LIBRARY
FORD
THE WASHINGTON POST
Friday, June 18, 1976
A7
R1
07VHID
Carter to Name Panel to Help Him Choose a Running Mate
By Helen Dewar
dropped Sen. Thomas F. Ea-
the impression that we are
further investigations would
Washington Post Writer
gleton (D-Mo.) after it was
more important than we re-
be made.
ST. SIMON ISLAND,
discovered that he had been
treated for a mental illness.
ally are."
"I don't know about the
Ga., June 17-Jimmy Cater,
conceding that a faulty vice
Carter-tanned and re-
And, said Powell, smiling,
use of the FBI. We're reluc-
presidential choice could be
laxed from two days of fish-
"he explained just how im-
tant to do that," said Carter.
a "fatal mistake" for his
ing and swimming with his
portant we are."
"The only way would do
campaign, ann unced today
family at Sea Island near
Briefing reporters on the
that is if the Attorney Gen-
he will immed stely assem-
here-disclosed the plan af-
lawn of a resort hotel where
ble a panel 12 to 15
ter a two-hour strategy ses-
eral tells us it would be be
"distinguished Americans"
sion with a dozen or so
his staff is staying during
gal and if the nominee ap-
to help him mak the
members of the top echelon
his five-day vacation, Carter
proved the interrogation or
choice.
of his campaign staff.
said he would have more de-
investigation."
But he said he is reluctant
It was the prospective
tails within a few days on
He said he felt it was
to accept President Ford's
nominee's first meeting with
them since his opposition
his vice presidential selec-
"important in this process to
offer of FBI assistance in
crumbled in the face of his
tion plans, including names
probing the background of
honor the privacy" of those
prospective candidates for
relentless, 15½ month drive
of at least some representa
who are under consideration
tive members of the advis-
the No. 2 Democratic spot.
for convention delegates.
According to Carter and
ory group.
for the nomination, and did
He indicated he would do so
others, the meeting covered
Aides said Carter ap-
not want "a full background
only if the ididate agrees
to submit to an investigation
plans for paying off Carter's
peared to have a "fair idea"
check" of all who are being
$1.2 million primary cam
of whom he intended to
and if the Attorney General
considered, regardless of
choose for the panel but did
rules that such probes are
paign debt, convention logis-
their chances of being cho-
legal.
tics and fall campaign plans
not want to disclose names
sen.
as well as the vice presiden-
until he had contacted them.
Carter also backed off at
The Carter campaign has
least partially from his ear-
tial selection.
Carter told reporters that
already commissioned its
lier statement that he would
Carter also said the group
no prospective vice presi-
went over "some mistakes"
dential nominees would be
polling firm, Cambridge
ask the 3,008 convention del-
Survey Research, to conduct
egates for their advice on a
that the campaign organiza-
on the panel, which, he said,
would be composed of
a voter survey on 14 possî-
vice presidenilal nominee,
tion had made during the
saying that time remaining
primaries, but he did not
"distinguished Americans
ble nominees: Sens. Edward
before the July 12 conven-
elaborate.
whose judgment I respect."
M. Kennedy (Mass.), Frank
Church (Idaho), Walter F
tion may not permit such a
Later, press secretary
Carter did not spell out
Mondale (Minn.), Alan Cran-
survey.
Jody Powell said Carter
exactly how the panel would
ston (Calif.), John Glenn
Use of a public advisory
complained during the meet-
operate, but Powell said it
(Ohio), Edmund S. Muskie
group would give him a
ing that the staff "in some
would probably be on an in-
(Maine), Adlai E. Stevenson
broad-based
'sounding
cases had gotten a little
formal basis, without actual
(Ill.) and Birch Bayh
board" for selection of a
cocky about this thing" (the
meetings.
(Ind.); Govs. Michael S. Du-
running mate, Carter said.
nomination) and he wanted
Carter said he would
kakis (Mass.), Wendell An-
The Carter campaign hopes
more humility.
"accumulate as many differ-
derson (Minn.) and Hugh L.
it also would help provide a
Powell said Carter wanted
ent opinions" as he could
Carey (N.Y.); Reps Peter W.
check against a recurrence
the word passed through his
among members of the
Rodino (N.J.) and Barbara
of the Democrats' 1972
Associated Press
entire campaign organiza-
group and, if there are any
Jordan (Tex.), and Mayor
plight, when presidential
tion to "take great pains to
"deleterious or critical" of
Thomas Bradley of Los An-
Jimmy Carter airs strategy with (from left) Hamilton Jordan, Morris Dees, Greg Schneiders and other aides.
nominee George McGovern
make sure we did not give
any of the possible choices,
geles.
197
THE WHITE HOUSE
WASHINGTON
Barry,
Mr. Buchen would like you to
handle.
shirley
LIBRARY
FORD
SERALD
Burber
7,
THE WHITE HOUSE
Barry.
WASHINGTON
June 21, 1976
MEMORANDUM FOR:
RON NESSEN
FROM:
DAVE GERGEN 72
SUBJECT:
FBI Check on
VP Nominee
Jimmy Carter's people say he will announce
this week his procedures for selecting a VP
nominee. Do we have a definite reading now
on the legality of FBI checks?
CC: Dick Cheney
LIBRARY
Dech
1040
GERALD
LIBRARY
Demo Race: Comment
FORD
C-12
Avoiding Mistakes
(Editorial, excerpted, Atlanta Journal)
Though all sorts of things can still happen at the Democratic
national convention itself, the party's platform committee has
come up with a draft which is pleasing to probable presidential
nominee Jimmy Carter. As a result, the committee also has avoided
making some big political mistakes, which, without the Carter in-
fluence, it quite likely would have made.
Despite the grumbling of some who view silence on such issues
as elevating political expediency above ideals, the platform com-
mittee refused to get as far out of step with the majority of the
American people as party ideologues tended to do in 1972. It
begins to appear that candidate Carter will not have to start
the campaign disavowing most of his party's platform. -- (6/17/76)
Can FBI Be Trusted?
(Editorial, excerpted, Des Moines Register)
Jimmy Carter, the probable Democratic presidential nominee,
has expressed reservations about an offer by Atty. Gen Levi to
have the FBI run background checks on possible running mates.
An FBI check conceivably could alert the presidential nominee
to factors in a person's background that would make that person an
inadvisable vice presidential choice. But the FBI also conceivably
could try to blackball somebody the agency disapproved. Carter is
properly concerned about the possible consequences of giving the
FBI even an indirect voice in the selection process.
For too long even presidents were cowed by the FBI and
dared not appear to question the integrity of the agency. Jimmy
Carter's reluctance to bring the FBI into the vice presidential
selection picture is a healthy sign. -- (6/23/76)
Carter Twists the Record
(Editorial, excerpted, Daily Oklahoman)
Now that he has the Democratic presidential nomination vir-
tually sewed up a month before the convention, Jimmy Carter is
reportedly turning his attention to potential running mates and
possible cabinet choices.
However, there is the little matter of a campaign and election
before Carter can be sworn in as the 39th President of the United
States next January. And as the contradictions in Carter's record
become more apparent, a funny thing could happen to him on the way
to the White House, like it did to Thomas E. Dewey in 1948.
Election: News
N-11
Vice Presidential Selection in Question
The selection of Spiro Agnew and Thomas Eagleton as vice
presidential running mates in 1972 has caused many to conclude
the vice presidential selection process should be changed, Connie
Chung (CBS) reported.
Changes range from an FBI investigation to giving the
presidential nominee more time to choose a running mate, Chung
said.
Hubert Humphrey commented (on ABC film) : "Listen, Lyndon
Johnson made the FBI look like amateurs. They investigated from
top to bottom and I knew it."
Jimmy Carter has already begun an elaborate screening process
to choose his running mate, Chung said.
The two Republicans aren't in Carter's fortunate position.
Both camps support a thorough investigation but do not think it
should overshadow the decision of the nominee.
Reagan campaign manager John Sears said (on ABC film) : "I have
no interest myself and I don't think Mr. Reagan does in making the
selection process into something that might more resemble a police
investigation."
Rogers Morton said (on ABC film) : "The thing you want to
avoid and I think the President would want to avoid is any system
that would let the Executive Branch be the determining factor as
to whether a person should or should not be the President of the
United States or the Vice President of the United States." CBS --
(6/29/76)
FORD
LIBRARY
R.
Barry
THE WHITE HOUSE
WASHINGTON
June 30, 1976
FORD
LIBRARY
MEMORANDUM FOR:
DICK CHENEY
JACK MARSH
FROM:
PHIL BUCHEN
P.
SUBJECT:
Authority for FBI to Investigate
Potential VP Nominees
The Department of Justice is of the opinion that present law does
not permit the FBI to investigate prospective Vice Presidential
nominees. Justice is unable to find any statute which would
authorize the FBI to undertake such investigations. Although the
President has inherent authority to direct investigations in the
absence of a specific statute when the investigations relate to
the exercise of his constitutional or statutory functions, Justice
is unable to identify any function which would clearly support
such a directive for this purpose. Moreover, Justice notes
that a statute to provide for such investigations may be uncon-
stitutional because it establishes consent by the nominee as a new
qualification for Vice Presidential candidates.
At best, it is questionable whether present law would permit such
an investigation even with the subject's consent. In the absence
of new legislation, the only basis for proceeding in this manner
would be after consultation by the Attorney General with the
leadership of the House and Senate Judiciary Committees. The
Attorney General does not favor the concept of a Federal police
force investigating potential political candidates and the Deputy
Attorney General recently explained to Governor Carter's staff
that the FBI did not have the authority to investigate Vice
Presidential candidates. (No objection to this opinion was
raised by Governor Carter's staff. Despite a correction by the
New York Times, the news media continues to report that the
Attorney General offered the FBI for the investigations.)
INVESTIGATION OF PROSPECTIVE
VICE PRESIDENTIAL NOMINEES
Question
Mr. President, you recently stated that you would make available
facilities of the FBI at the request of the Democratic Presidential
nominee to investigate a prospective Vice Presidential nominee
prior to the decision. Is this your present position?
Answer
The idea of such an investigation was recently raised by a reporter
at which time I stated that I saw no objection to an investigation, to
the extent permitted by law, as long as it was requested in writing
by the Presidential nominee with the written concurrence of the
Vice Presidential nominee. On the basis of my experience during
my Vice Presidential confirmation process, I am not personally
troubled by the thought of such an investigation. However, the
Department of Justice has recently concluded that present law does
not permit the FBI to undertake such investigations even with the
consent of the subject and Governor Carter has so been informed
by the Department of Justice.
I believe this is a matter that deserves further study. There are
numerous practical problems that must be considered, such as the
length of time to complete investigations of this magnitude, as
well as policy considerations concerning individual privacy and
investigations by the Government of potential political candidates.
We must not get into a situation where the Federal Government
screens who are to be our political candidates. I do not believe
that such a study could be completed in time for this year's
Conventions.
LIBRARY
FORD
BERALD
-2-
Senator Brock has introduced legislation, S. 3552, to provide for
investigations for this purpose "of the same nature, extent, and
scope as an investigation conducted by the Federal Bureau of
Investigation in connection with the granting of the Top Secret
security clearance to any individual employed by the United
States. 11 The bill does not require the consent of the prospective
Vice Presidential nominee in order to conduct an investigation and
would allow any candidate with written statements of support from
more than 10 percent of the delegates to the Convention to request
the Attorney General to investigate not more than 10 individuals
for this purpose. The bill appears to prohibit the use of any
evidence obtained during an investigation for any other purpose,
including in criminal proceedings and provides that only the
Presidential nominee or his designate could inspect the investi-
gations after obtaining consent of the subject. Following the
nomination of the Vice Presidential candidate, the investigations
and all copies thereof would be destroyed. I recommend that
the appropriate Justice officials meet privately with Senator
Brock to discuss the practical problems raised by such legislation
and Justice's reluctance to investigate potential political candidates.
With reference to the President's consideration of Vice Presidential
candidates, we can review existing FBI background investigations
on individuals who have been considered for Presidential appointment.
As you are aware, we do not conduct such investigations with respect
to members of Congress, but with consent do conduct investigations
on Governors and other state officials. While such investigations
are far less detailed than the one on Congressman Ford, they may
be useful. Additionally, the questions we ask Presidential appointees
(attached) concerning their financial interests and background provide
us with basic information that should be reviewed prior to final
selection and announcement of the President's running mate.
1
file
V
P
selection
Vice-Presidential Candidate
The most important decision Governor Carter is likely
credibility as the Presidential nominee of his party may
to make for a very long time to come is the decision he
rest on this particular decision, i.e., on the individual
has to arrive at within the next two days if he
whom he chooses to be his running mate. In a way that
has not reached it already. It is a decision of vital
is unprecedented in recent years, the eyes of the nation
significance, not only for the prospective Presidential
are focused on the Democratic selection for the Vice
nominee and for the Democratic Party but, more to the
Presidency; rarely if ever in this century has the country
point, for the American people. It is the selection of the
been so conscious of the importance of the choice. And
Democrat best qualified for the Vice Presidency of the
the choice will be Governor Carter's, his alone to make;
United States.
the responsibility rests on him and on him alone.
The traditional method employed by both parties in
The seven members of Congress Mr. Carter named
choosing their Vice-Presidential nominee has little to
as the group from whom he would make his selec-
recommend it; and the results have often proved the
tion include at least three Senators clearly qualified
point. The potential (and, in too many cases in recent
for the Vice-Presidential office on grounds of experience,
years, the actual) successor to the Presidency has nor-
ability and character, and also because they represent
mally been appointed by the successful Presidential
the philosophy of Democratic liberalism in foreign as
candidate, and anointed by the party convention-with
well as domestic policy, to which, we believe, Governor
thought only for- real or imagined political advantage,
Carter basically adheres.
and with virtually no thought of the standards requisite
In this group are Senator Muskie, Senator Mondale
for holding the world's most important public office.
and Senator Church: in it might well have been included
As we noted last week, and many times in the past,
Representative Udall, Mr. Carter's closest rival for the
some better method must be devised. But until it is, the
nomination, whose name was regrettably omitted by
procedure now being followed by Governor Carter, who
the victor from those under consideration.
has had the unusual advantage of time to give this
It is natural for Governor Carter to wish to have a
matter the attention it deserves, is probably the best
Vice President entirely compatible with his own views
that could be worked out.
and one with whom he will be "comfortable"; but at the
same time he needs to pick as running mate a man of
His specific choice, however, has not yet been named;
outstanding and proven quality, and one in line with
and Mr. Carter must realize that a good deal of his
the liberal traditions of the mainstream of his party.
SEE
New York Times (7/13)