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    "title": "Selection of Vice Presidential Candidates (3)",
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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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    "ocrText": "The original documents are located in Box 31, folder \"Selection of Vice Presidential\nCandidates (3)\" of the Barry N. Roth Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 31 of the Barry N. Roth Files at the Gerald R. Ford Presidential Library\nfile file UP selection\nAS:jh:et\ncc: Files\nGauf\nJUN 16 1976\nScalia (2)\nRudolph W. Giuliani\nTulos\nAssociate Deputy Attorney General\nCOMEMANN\nAntonin Scalia\nAssistant Attorney General\nout 6/16/76\nOffice of Legal Counsel\nBBI Authority to Conduct Investigations of\nPotential Vice-Presidential Nominees\nWe have been unable to find any statute which authorizes\nthe PBI to investigate possible Vice-Presidential nominees.\nThe FBI can, however, conduct such an investigation if so\nordered by a Presidential directive related to the Presi-\ndent's exercise of his constitutional or statutory functions.\nSec. 23 U.S.C. $ 533(3). Such Presidential directive could\ntake the form of a generalized instruction, contained in an\nExecutive Order, or a particular request for a specific in-\nvestigation. We have not, however, been able to identify\nany Presidential constitutional or statutory function which\nwould clearly support such a directive in the present case.\nInvestigations of prospective or existing Executive\nBranch personnel can, of course, be supported by the Presi-\ndent's general powers under the Constitution to \"take care\nthat the laws be faithfully executed,\" Art. II, $ 3. In-\nvestigations of prospective judicial appointees upon Presi-\ndential request can similarly be justified as necessary for\nthe President's proper performance of his nominating responsi-\nbilities under the Constitution, Art. II, $ 2. As you have\nnoted, that rationale applied to the extensive investigations\nof President Ford and Vice-President Rockefeller at the time\nof their respective nominations to the Vice-Presidency.\nThe Bureau regularly conducts investigations, upon re-\nquest of Congressional Committees, of prospective and existing\nCongressional staff personnel. These might be justified on\nthe basis that the President's responsibility for protecting\nsensitive military and foreign affairs information requires\nsome assurance that the Congressional Committees to which he\ndiscloses such information have trustworthy staff personnel.\nIt is not clear, however, that all of the Congressional staff\ninvestigations relate only to personnel having access to such\ninformation. Moreover, that justification would not explain\nthe FBI investigations which are conducted of judicial clerks\nGERALD\nOSOS\n-2-\nand magistrates at the request of Federal judges. I think\nall of these investigations (which are invariably requested\nby the appointing Congressional Committee or by the appoint-\ning judge) may better be justified -- like Executive Branch\npersonnel investigations -- on the basis of the President's\ninherent executive powers. That is to say, it can be main-\ntained that certain aspects of the operation of Congress and\nof the courts require executive activity which may in some\ncircumstances be performed for them by the Executive Branch\nwithout further statutory authorization.\nWhichever of the foregoing justifications is adopted,\nit would not apply to the investigation of a possible Vice-\nPresidential nominee. Neither the President nor the Congress\nhas any responsibility or power under the Constitution to\nscreen candidates for public office. We understand that a\nrule against background investigations of elected officials\nhas in the past been rigidly maintained by the FBI, and\nthat no such officials have been targeted except in connec-\ntion with criminal inquiries. It is possible (though I think\nunlikely) that the Congress has the power to permit or even\nrequire an investigation of candidates as a means of assur-\ning fair and fully informed elections -- the same power un-\nderlying the Federal Election Campaign Act. But certainly\nwithout such Congressional authorization, we see no basis\nfor the President independently to undertake such a respons-\nibility.\nThe one plausible basis which we can conceive of for\nPresidential authorization of an investigation of a possible\nVice-Presidential candidate is the necessity of assuring his\ntrustworthiness for the purpose of receiving a national se-\ncurity briefing. (If consent to the investigation were not\ngiven, the briefing would presumably not be conducted.)\nThere are several practical obstacles to effecting applica-\ntion of this theory to the present case. Such briefings have\nto our knowledge not previously been given to Vice-Presidential\ncandidates; and they have been given to Presidential candi-\ndates only after party nominations have been decided; and it\nhas never been the practice, even then, to conduct prior in-\nvestigations. In addition, there is in our view a possible\nconstitutional impediment to conditioning the conferral of\nsuch a clear benefit in the political campaign upon agreement\nto an investigation, particularly when the incumbent Presi-\ndent himself is an opposing candidate.\nDEPALD R. FORD\n-3-\nWe are, in short, unable to identify any authority\nwhich would properly support a directive to the FBI to\nconduct an investigation in the present case.\nBERALD R. FORD\nBILL BROCK\nCOMMITTEES:\nTENNESSEE\nFINANCE\nGOVERNMENT OPERATIONS\nSPECIAL COMMITTEE ON AGING\nSELECT COMMITTEE ON\nUnited States Senate\nSMALL BUSINESS\nWASHINGTON, D.C. 20510\nJune 17, 1976\nMr. Philip W. Buchen\nThe White House\nWashington, D.C.\nDear Mr. Buchen:\nAs a participant in the Institute of Politics' Study Group\non Vice-Presidential Selection, I thought that you would be\ninterested to know that I have reintroduced my bill to pro-\nvide for background checks on prospective Vice Presidential\ncandidates. For your information, I am enclosing a copy of\nthe bill and my introductory remarks.\nVery truly yours,\nGirs Beven\nBILL BROCK\nLISRARY\nBB:g1s\nFORDO :\nEnclosure\nRecord\nUnited States\nof America\nPROCEEDINGS AND DEBATES OF THE\n94th\nCONGRESS, SECOND SESSION\nVol. 122\nWASHINGTON, THURSDAY, JUNE 10, 1976\nNo. 89\nSenate\nBy Mr. BROCK:\nS. 3552. A bill to provide for an inves-\nwithout the passage of a law such as\nnormal procedures used for a top-secret\nclearance. The results of the investiga-\ntigation of the character and past ac-\nthe one I now propose.\ntivities of potential Vice Presidential\nIf a procedure is to be established for\ntion would be released only to the winner\nnominees by the Federal Bureau of In-\nthe investigation of a potential Vice\nof the Presidential nomination, or the\nPresidential nominee, we must insure\nPresident, and only with the written\nvestigation. Referred to the Committee\nthat there are adequate safeguards to\nconsent of the person investigated. Also,\non Rules and Administration.\nMr. BROCK. Mr. President, the long\naccompany it. I was intrigued upon hear-\nonly the Presidential candidate himself\nprimary process is now at an end, and\ning the directors of our intelligence op-\nand one other staff member chosen by\nour election focus will now be directed\nerations testify earlier this year before\nthe candidate may view the records.\ntoward the national conventions. Thus,\nthe Government Operations Committee\nAn FBI agent would serve as custodian\nfor the next few weeks, the potential\nthat they would welcome a set of estab-\nof the records. After the selection of the\nlished procedures for such investigations.\nVice President, all investigation reports,\nPresidential nominees will receive in-\ntense analysis by the media and by the\nWhile safeguards and procedures are\nincluding that of the Vice Presidential\nvitally important, I must also point out\nnominee shall be destroyed. It will be a\nvoting public, prior to the moment when\neach party selects its standard bearer.\nthat FBI background investigations are\nFederal offense of up to 5 years im-\nvery standard procedure. All of our mili-\nprisonment and a $50,000 fine for un-\nThen what happens? The next order\nof business will be for a very tired nom-\ntary and Foreign Service officers have\nlawful disclosure of the results of any\nInce and an equaly tired staff to pick a\nbackground investigations as do many\ninvestigation.\nrunning mate for the Presidential candi-\nother senior officials throughout the\nMr. President. there have been other\nGovernment and congressional staffs.\nreforms suggested. While many have\ndate-his Vice Presidential nominee.\nIf a person cannot pass a check that our\nmerit, I think that my investigation pro-\nThat position is only a heartbeat away\nmilitary and Foreign Service people\ncedure is rather seminal to any true re-\nfrom the Presidency, and it is a position\nwhich 4 times In the past 25 years\nmust, he should not be the Vice Presi-\nform. I ask unanimous consent that my\nhas led to the Presidency itself. As the\ndent.\nstatement before the Republican Na-\nprocess begins on nomination night,\nPresident Ford mentioned that dur-\ntional Committee in 1974 be printed in\nchances are all too good that the person\ning the course of his selection as Vice\nthe RECORD at this point, together with\nchosen to fill the slot of the Vice Presi-\nPresident, he was the subject of a search-\nthe text of the proposed legislation.\ndential nominee will be selected with\ning inquiry by over 400 agents. And of\nThere being no objection, the bill and\ncourse, Vice President ROCKEFELLER\nstatement were ordered to be printed no\nperhaps a too cursory check and too su-\nperficial thought.\nunderwent a 4-month investigation and\nthe RECORD, as follows:\nconfirmation process, even though he had-\nS. 3552\nThis procedure has led to embarrass-\nbeen in the forefront of public scrutiny\nBe it enacted by the Senate and House of\nment to both parties in the past 4 years.\nYet, virtually nothing has been done to\nfor some 20-odd years. Yet, a Vice Presi-\nRepresentatives of the United States of\nimprove the system of selecting Vice\ndential nominee in July and August will\nAmerica in Congress assembled, That, for\nPresidents.\nliterally be chosen overnight.\npurposes of this Act, the term-\n(1) \"Presidential primary\" means any ele...\nTwo weeks ago, there was an offer\nAn FBI check is not unprecedented.\ntion held for the expression of a preference\nextended by President Ford to the Demo-\nIn fact, it might actually be considered\nby the voters of a State for the nomination\ncratic nominee for the use of the serv-\na standard practice.\nof a candidate for election to the office of\nices of the FBI to investigate potential\nHowever, if it is going to become a\nPresident;\nVice Presidential choices.\ncontinuous standard practice, we will\n(2) \"political party\" means any political\nMr. President, I think this is a step in\nneed established procedures and safe-\nparty whose candidate for election to the\nthe right direction. Three years ago, I\nguards.\noffice of President in the most recently con-\noffered this system of background infor-\nWith this in mind, I am once again\nducted Presidential election received more\nmation gathering.\nintroducing my bill to provide for an in-\nthan 10 per centum of the total number of\nvotes cast throughout the United States for\nI applaud President Ford for making\nvestigation of the character and past\nall such candidates, treating votes cast for\nactivities of potential Vice Presidential\nsuch an offer, but I must point out that\nthe election of Presidential and Vice-Prest-\nnominees by the FBI. Although this bill\nthere may be two shortcomings in this\ndential electors who are amliated with A\nis especially for nominating procedures,\npolitical party as votes cast for the Prest-\noffer.\nit would also establish procedures for\ndential candidate of that party;\nFirst, there are some questions as to\n25th amendment cases.\n(3) \"national nominating convention\nwhether potential candidates can be in-\nBriefly, this measure would allow, but\nmeans a convention held by B political parts\nvestigated without a specific law, such\nnot require, principal presidential can-\nfor the purpose of nominating the candidate\nas the one I suggest. Second, and per-\nof that party for the office of President: and\ndidates the opportunity, to submit the\nhaps more important, the President's\n(4) \"Presidential candidate\" means an\nnames of 10 possible candidates for vice\nproposal contains no safeguards and,\nindividual who--\npresident to the FBI. The investigation\nindeed, could not have legal safeguards\n(A) is qualified under the Constitution 1.\nof the contenders shall consist of the\nserve as President if elected to that office\nand\n(B) files with the Attorney General. not\ndate to inspect the evidence and informa-\nthe primary standard, yet It is the one most\nlater than 3D days before the date on which\ntion, and no part of such evidence or infor-\nneglected under present V.P. selection pro-\nthe national nominating convention of a\nmation shall be removed from the custody\ncedures. A Presidential candidate must sur\npolitical party is scheduled to begin-\nof the Federal Bureau of Investigation.\nvive anywhere from three years to a mini\n(1) a statement in writing personally\nSec. 3. (a) Upon the nomination of a can-\nmum of six months of scruting by the fourth\nsigned by him stating that he is a candidate\ndidate for the office of Vice President by the\nestato, and no man with skeletons In bis clos\nfor nomination of that party for election to\nPresident acting under the Twenty-Afth\net can survive that scruitny. A V.P., however\nthe office of President, and\nArticle of Amendment to the Constitution of\nis chosen overnight, and although ostensibly\n(11) a substantial number of statements in\nthe United States, all evidence and informa-\nis 8 man of character and Integrity, as past\nwriting each of which is personally signed\ntion relating to such candidate obtained\nevents have shown, this 13 not always the\nby a delegate entitled to vote in such con-\nfrom an investigation authorized In section\ncase. Thus, the first requirement for any BO-\nvention for the selection of the candidate of\n2 shall be forwarded to the appropriate com-\nlution is to select a procedure to ensure that\nthat party for election to the office of Presi-\nmittees of the Congress. Upon the confirma-\nonly men of integrity are chosen.\ndent stating that such delegate intends to\ntion of such candidate by and with the ad-\nII. Competibility\nvote for the nomination of that individual\nvice and consent of the Senate. all evidence\nand information relating to other potential\nThe man chosen for the Job must be com-\nas the candidate of that party for election\nVice-Presidential nominees obtained from an\npatible with the Presidential candidate. Al-\nto the office of President when the conven-\ntion is held.\ninvestigation authorized in section 2 shall be\nthough many have suggested that & Vice\ndestroyed. and no memorandum, copy, or\nPresident should often take opposing views\nFor purposes of clause (ii), an individual\nother record of such evidence or information\non issues, in practicality. this would be ut-\nshall be considered to have furnished a sub-\nshall be retained.\nter nonsense and even dangerous. According\nstantial number of statements from dele-\ngates to the national nominating convention\n(b) Upon the nomination of a candidate\nto some, the then V.P. Humphrey was totally\nopposed to President Johnson's Vietnam\nof & political party If he has furnished the\nfor election to the office of Vice President by\npolicies, and they feel he should have spoken,\ngreatest, next greatest, or third greatest\nthe national nominating convention of a\nbut would this have served the country well?\nnumber of statements from such delegates\npolitical party. all evidence and information\nThink of the effect on allies, or worse, enem-\nin comparison to the number of statements\nrelating to potential Vice-Presidantial nomi-\nnees of that party obtained from an investi-\n1es If a President was in ticklish negotia-\nfurnished by all other such individuals, or\ntions on one path, while his V.P. was advocat-\ngation authorized in section 2 shall be\nif he has furnished statements from 10 per\ning another.\ndestroyed, and no memorandum. copy, or\ncentum of such delegates.\nI am not suggesting that a V.P. becomes a\nother record of such evidence or information\nSec. 2. (a) (1) Whenever there is a vacancy\ncomplete lackey of the President. But he\nshall be retained.\nin the office of the Vice President, the Presi-\nmust be 8 man of the same general persua-\nSec. 4. No evidence or information ob-\ndent may, in writing, request that the At-\nsion. Thus, another requirement is that the\ntained under or in connection with an Inves-\ntorney General investigate not more than\nPresidential candidate must have a strong\n10 individuals lised in such request by the\ntigation carried out under this Act shall be\nvoice in the selection of the V.P.\nPresident as potential Vice Presidential\nadmissible in any proceeding before any\nIII. Political Pragmatism\nnominees.\ncourt of the United States or of any State.\n(2) A Presidential candidate may, In writ-\nSEC. 5. The disclosure. release, or retention\nDespite the outcry of some. political con-\ning, request the Attorney General to investi-\nof evidence or information in violation of\nsiderations must be allowed to be a criterion\ngate not more than 10 individuals listed in\nthe provisions of this Act shall be punish-\nfor the selection of the Vice President. I do\nable by a fine not to exceed $50,000, impris-\nnot mean the backroom, smoke-filled room\nsuch request by the Presidential candidate\nas potential Vice-Presidential nominees.\nonment for not to exceed five years, or both.\ntype politics, but honest, open politics.\n(3) The Attorney General, upon receiving\nSTATEMENT OF SENATOR BILL BROCK\nWhat I mean by this is that there must be\nroom for maneuvering in such areas as try-\na written request from the President under\nMr. Chairman: The events of the past two\ning to obtain a balanced ticket or using the\nparagraph (1) or from a Presidential candi-\nyears have amply demonstrated that we have\nV.P. selection to try to heal party wounds.\ndate under paragraph (2), shall direct the\nto take a hard look at the methods we now\nSome people say that Humphrey lost the\nFederal Bureau of Investigation to conduct\nuse to choose our Vice Presidents. It is no-\n1968 election because he could not beal the\nan investigation of the individuals listed in\ntually unfortunate that it has taken so-\nwounds of the Democratic left, and I think\nsuch request. The investigation shall be of\ncalled \"scandals\" to make ua address this\nthat I can safely say that had John Kennedy\nthe same nature extent, and scope as an\nproblem, when in actuality, as we look at\nnot picked Lyndon Johnson as his V.P., be\ninvestigation conducted by the Federal Bu-\nthe Vice Presidential office since World War\nwould have lost the election.\nreau of Investigation In connection with the\nII, we see that three Vice Presidents have be-\nmother requirement and standard\ngranting of a top secret security clearance\ncome Presidents-Trumana, Johnson and\nselection process of the V.P. must\nto any individual employed by the United\nNixon, while another Vice President, Hubert\nbe aboved to cope with realistic polities\nStates.\nHumphrey, was a seroius Presidential nomi-\nThere is nothing dishhonorable in honest\n(b) The Attorney General shall notify\nnee. In short, the Vice Presidential office has\nopen politics.\neach individual who is the subject of an in-\ntake on great importance, and it is unfortu-\nIV. Democratic and Fair\nvestigation conducted under this Act when\nnate that it took problems in both our par-\nsuch investigation is completed and shall\nties to bring about serious consideration of\nAny method used to choose the V.P. cand:-\ngive such individual an opportunity to re-\nreform.\ndate must be as fair and democratic as pos-\nview the evidence and information obtained\nI have given this matter serious thought\nsible. The most obvious method would be\nthrough such investigation. No evidence or\nand, in fact, have introduced a bill, S. 2741,\nfor the V.P. candidate to also run (as some\ninformation obtained by an investigation\nthat could perhaps deal with the problems\nhave suggested, and which I will mention\nthat have plagued the Vice Presidential can-\nlater), but this would not always be com-\nconducted under subsection (a) shall be re-\nleased to any person without the written\ndidates of both our parties. Briefly, my bill\nensurate with the other standards, namely.\nconsent of the individual who is the sub-\nprovides for a standard \"top secret\" clearance\nII. Compatibility. and III. Political Prag-\nject of the investigation.\ncheck of potential Vice Presidential candi-\nmatism.\ndates that the Presidential candidate could\nAnother requirement therefore is that the\n(c) If an Individual investigated under\nread before he made his selection.\nselection process should be as democratic and\nsubsection (a) consents in writing, as pro-\nBefore explaining my bill, however, I would\nfair as possible under the circumstances.\nvided under subsection (b), to the disclo-\nstire of the evidence and information ob-\nfirst like to establish some guidelines or\nNow, let me review and comment on some\nof the suggestions now being used or pro-\ntained in that investigation, the Attorney\nstandards, a touchstone that should be used\nGeneral shall permit Inspection of such evi-\nfor the selection of Vice Presidential candi-\nposed for the Vice Presidential selection proc-\ndence and Information by the President who\ndates; then second, review some of the pro-\ness.\nrequested the Investigation and by one other\nposals for change now being advocated in the\nTo the best of my knowledge, there are\npress and elsewhere.\nnow about ten methods used or being pro-\nperson designated by the President, or by the\nposed:\nPresidential eandidate who requested the in-\nSTANDARDS FOR CHOOSING A VICE PRESIDENT\n1. Traditional Method.\nvestigation and by one other person desig-\nWhat are the standards and guidelines we\n2. Vice President as Candidate.\nnated by such candidate, but only If such\nshould try to aim at for choceing a V.P.?\n3. Immediate Declaration by Presidential\ncandidate has been nominated by the na-\nThe list of standards for the man who stands\nCandidate.\ntional nominating convention of the politi-\na heart beat away from the President is end-\n4. Runner-up as Vice Presidential Candi-\ncal party with which he is affiliated. Any\nless, but I have tried to conceptualize them\ndate.\nsuch Inspection shall be carried out on\nunder four general headings:\n5. Self Nomination.\npremises designated by the Attorney General\nI. Integrity.\n6. Open Convention.\nand in the presence of an employee of the\nII. Compatibility with President.\n7. 48 Hour Delay in Convention.\nLIBRARY\nFederal Bureau of Investigation who shall\nIII. Political Pragmatism.\n8. Special Convention.\nbe the custodian of such evidence and in-\nIV. Democratic and Fair.\n9. 25th Amendment-type Method.\nformation. No copy. record. or memorandum\nI. Integrity\n10. Pre-invest:\n0: any matter contained in such evidence\nand information shall be made by the candi-\nObviously, the man who may well be Pres-\n1.\ndate or the person designated by the candi-\nident should be a man of integrity. This is\nThe tradition.\ncourse,\nto\nlet\n2\nthe Presidential candidate \"pick\" his choice.\n7. 48 Hour Convention Delay\nelected delegates, It would be as democratic\nThiousually Thakes the candidate compatible\nSenator Humphrey has suggested an extra\nand fair as any other method.\nwith the President, although not necessarily\nso, because this method also satisfies another\nday for the convention with a day between\nMy proposal would be & change in the law\nthe selection of the President and the Vice\nwhile this comunittee is really concerned\ncriteria, Political Pragmatism, which has in\nthe past made Presidential candidates choose\nPresident. The obvious reason is to avoid the\nwith convention rules. I have two that I\nincompatible, yet politically pragmatic peo-\nrush to choose the V.P. But I don't think &\nwould like to suggest:\nple. This method is democratic and fair to\n48 hour delay is going to be sufficient time\n(1) I endorse the Humphrey proposal that\nto get at the integrity of a man. It does give\nwe need a 48 hour delay between the seler-\nthe extent that the convention, elected offi-\nthe Presidential candidate more time to look\ntion of the Presidential candidate and hi:\ncials, do confirm the man, yet they usually\nover the field, and thus meets the compatl-\nchoosing a Vice Presidential selecter. and\nhave little choice.\nBut, this method has obvious short com-\nbility and political tests, and is as democratic\n(2) I like the Idea that the convention\nings.\nas any present method, since the elected dele-\nshould have some kind of open choice of\ngates have the final selection, but It does not\ncandidates, but I think that the Presidential\n2. The Vice President as Candidate\ncandidate should be allowed to choose the\nget at the \"integrity\" question.\nThis was the method used by Endicott Pea-\ntwo to five candidates.\n8. A Special Delayed Convention\nbody during 1972, and, quite frankly. it is the\nHowever, I would like to point out that\nmost appealing from the \"democratic\" view-\nIn 1972, the Democrats used a special con-\nthese suggestions, a 48 hour delay. and an\npoint. Since he ran as a candidate, one would\nvention to choose Shriver and Senator Hum-\nopen convention would still not solve the in-\nthink that he would have been under close\nphrey has mentioned this as a method if the\ntegrity problem, unless the provisions of my\nscrutiny, and thus passed his \"Integrity\" test,\nPresidential candidate desires more time.\nbill, S. 2741, are available to the Presidential\nThis would give the party time look into a\ncandidates.\nbut in fact, he was almost completely ignored\nby the press. However, were this the standard\ncandidate's \"integrity,\" but I believe that it\nWhat I suggest in my plan, a \"top secret\"\nprocedure, the press might pay more atten-\nfails the other three requirements. First, it\nsecurity clearance check on prospective Vice\ntion to V.P. candidates, but they would prob-\nis not democratic, but smacks of the old\nPresidents raises the specter of civil rights\nably still be overshadowed by the Presiden-\nbackroom politics picked by the party bosses.\nand invasion of privacy,' which. quite\ntial race.\nSecond, this could definitely jeopardize the\nfrankly, have bothered me, but I would like\nThis method has two major drawbacks,\ncompatibility requirement, since, as we have\nto point out certain items:\nhowever, it does not insure compatibility.\nseen all too often the party structure has a\n(1) A top secret security clearance Is &\nand could even worsen this element, since\ndifferent philosophy from the convention del-\nstandard clearance required of virtually all\nover the campaign period the V.P. would have\negates who are \"elected\" officials.\nour military and foreign service officers and\nbuilt his own constituency. Also, this might\nThird, this is not politically feasible since,\nmany serlous officials in other agencies, and,\nfall the political pragmatism test.\nfor the same reasons cited in two (2), the\nif a man cannot measure up to those stand-\nPresidential candidate could find himself\nards, then he should not be Vice President.\n3. Immediate Declaration by Presidential\nwith a politically unacceptable partner who\nCandidate\n(2) Jerry Ford went through a consider-\nhappened to be the favorite of the party.\nably more detailed inspection than'I suggest,\nIn a recent article, James I. Loeb has sug-\nWe must remember that even though V.P.'s\nand I did not hear any civil libertarian ob-\ngested that Presidential candidates immedi-\nhave become increasingly important, and\nject.\nately make known their choice. Like the \"V.P.\noften gone on to be Presidents, people still\nas Candidate\" notion, this has some immedi-\n(3) There are six personal safeguards in my\nare voting for the President and he should\nbill:\nate appeal. It certainly passes the compati-\nhave the right to have a strong input for a\nbillty and democratic requirements, and\nFirst. a person first fills out a personal in-\nV.P. of his choice.\nprobably also would take care of the \"integ-\nformation background form, and since this\nrity\" test.\n9. 25th Amendment-type Proposals\nis voluntary, the potential candidate could\nBut, what about the political pragmatic\nIt has been suggested by some, and with a\nrefuse initially.\nrequirements? As the author himself points\nconstitutional amendment by Senator Grif-\nSecond, the report could only be released\nout, who would choose to be \"second\" on B.\nfin, that the Presidential candidates run\nwith the written permission of the person in-\ntacket but even worse. this would eliminate\nalone, and then afterwards use some sort\nvolved.\nKennedy-Johnson type tickets, or, looking\nof 25th Amendment-type proposal to choose\nThird, only the Presidential candidate and\ninto the future, a Reagan-Percy type ticket.\nthe Vice President. There is a certain amount\none advisor are allowed to look at the reports.\nIn short. immediate declaration type tickets\nof appeal for this, especially if you are wor-\nFourth, there are stiff penalties for dis-\nwould tend to polarize the party, which, in\nried about the integrity of the Vice President\nclosing information from these reports.\nmy estimation, is bad, and/or would elim-\nGerald Ford underwent probably the most\nFifth, information obtained by the investl-\ninate Kennedy-Johnson type tickets.\ncareful and close scrutiny of anyone ever\ngation cannot be used against the persons\n4. Runner-up as Vice Presidential Candidate\nnominated for anything.\nSixth, and finally, the reports are destroyed\nIt has been suggested by many that the\nAlthough this has appeal, there is one ma-\nafter the selection.\nrunner-up should become the Vice Presiden-\nfor drawback in this approach that bothers\nAlthough I hate to suggest such a bill, I\ntial candidate, and this, of course, does\nme. I believe that in a democracy the people\nhappen often. But, what about the situation\nshould have a chance to vote for their Vice\nthink that the events of past years have\nshown that we need better information on\nwhere the Presidential candidate and run-\nPresident, and that any man chosen should\nbe subject to the requirements of running\nour Vice Presidential candidates, especially\nner-up are from completely different wings\nfor office.\nsince SO many may eventually become Presi-\nof the party? For politically pragmatic rea-\ndent. The President of the United States\nsons, they may want to join forces to \"heal\n10. Investigation Method\nsimply must be a man above reproach.\nparty wounds,\" however, I would hate to see\nUnless the Vice Presidential candidate hits\na situation where they were \"forced\" to join\nthe campaign road for the entire period and\ntogether.\ncomes under press scrutiny, the only way to\n5. The Self-Nomination Method\nsatisfy the \"integrity\" problem is by using\nAt the 1972 Democratic Convention, we\nsome sort of investigative method. Consider-\nsaw Senator Gravel use the novel method of\ning the fact that only one recent Vice Presi-\nnominating himself. I believe that Senator\ndent, Johnson, was under the press survey,\nGravel was deadly serious, and I know him\nwhile most were relatively unknown, I think\nto be an honorable man. However, this type\nthat we do need some sort of investigative\nLIBRARY\nof method could be used by demogogues,\nmethod for choosing our Vice Presidential\nplus, it fails all four tests for election of a\ncandidates.\nV.P.\nThe Democrats have suggested, and then\nFORD\n6. An Open Convention\nrejected, a special Party Board to go into\nI must admit that an open convention has\nthe background of potential Vice Presiden-\nquite a bit of appeal to me, but under cer-\ntial candidates. I think the Democrats wisely\n07V830\ntain limitations. I would not favor the com-\nconcluded that any such private dossier sys-\ntem could be easily misused.\npletely open convention as done by Adial\nStevenson in 1956, because, again, I think\nI have introduced a bill, S. 2741, that would\nyou might come up against the compatibility\ntake care of this investigative problem un-\nproblem. What I would like to see, however,\nder standard government procedures. My bill\nis an open convention, whereby the Presi-\nwould allow leading candidates to supply the\ndential candidate announces the name of\nFBI with a list of up to ten names of a\ntwo or three persons, and lets the convention\nstandard \"top secret\" investigation, at least\nchoose. This would be fair and democratic as\nsixty days prior to the convention. In my\npossible while fitting in with the realities of\nestimation, this would satisfy all four stand-\ncompatibility and political pragmatism.\nards for choosing a V.P. It should take care\nHowever. this still does not get at the \"In-\nof the most serious problem-that of inte-\ntegrity\" issues. because, once again, a virtual\ngrity. With a choice of ten, I believe that it\nunknown could still be chosen as Vice Presi-\nwould also satisfy the \"compatibility\" and\n\"political pragmatism\" tests. And, since the\ndent with the same results.\nman would still have to be confirmed by the\n- 15 -\n#511-6/17\nQ\nWhat are the President's plans in going\nabout choosing a Vice Presidential running mate? Is he\ngoing to continue not to consult with anyone or at some point\ndoes he plan to talk to people about this, or is he going\nto go to the top of the mountain?\nMR. NESSEN: I don't know what the future plans\nare, but I am just trying --\nQ\nDoesn't he think he better --\nQ\nLet him answer the question.\nMR. NESSEN: I started to tell Ed, I don't know\nwhat the future plans are for making his selection, but I\nhave tried really in a very sincere way to convey to you\nwhat the situation is now, and that is all I can do.\nQ\nRon, can you explain why whenever Governor\nConnally comes in here it suddenly does not show up on the\nschedule? Is there any reason for it?\nMR. NESSEN: I don't think there is anything,\nyou know, especially unusual about that. There are a number\nof people and groups who come in from time to time to visit\nthe President, and, you know -- we have gone over this before --\nhe does have a private schedule. Connally is on the private\nschedule\nsometimes and on the public schedule sometimes.\nQ\nRon, for the record we overlooked this\nearlier the subject of possible troop movements in the\nMiddle East come up this afternoon?\nMR. NESSEN: There is no anticipation of any\nAmerican military involvement in Lebanon.\nQ\nRon, to follow up Dick's question, when\nVice President Rockefeller said that Governor Reagan would\nnot be a candidate, you are not disputing the Vice President?\nMR. NESSEN: I have not seen that statement by the\nVice President. I cannot speak for the Vice President.\nQ\nIt was on Meet the Press.\nQ\nOn Meet the Press he said he was personally,\nabsolutely certain that the Governor would not --\nMR. NESSEN: I can't help you out in that area.\nAll I am saying is that the first time you will hear anything\nthat -- well, I don't know what the Vice President said and\nI would have to look at the transcript to find out, but,\nleaving that aside and in no way connected with it, I am\nsaying that you will not know anything that is authoritative\nand represents the President's thinking until you hear it\nfrom the President, and if others --\nQ\nWould you like to bet a dollar on that?\nMORE\n#511\n- 16 AM\n#511-6/17\nMR. NESSEN: I will, Ted, very much bet a dollar on that\nor any amount of money, because I know that that is indeed\nthe situation and I know that -- I mean, you have been around\nWashington a long time. This is a quadrennial game of guess\nwho the Vice President is going to be, and a lot of people\ndown in the bowels of the building and some up in the top\nof the building like to suggest that they know either that\nhe has made up his mind and, if he has, who it is, and that\nis, as I say, a quadrennial game. You are simply going to\nbe wrong if you take any of those people's word for that during\nthis period until you hear it from the President.\nQ\nWhen you say this period --\nQ\nWhen will we hear it from the President?\nMR. NESSEN: As I said to Ed, I don't have a\ntimetable for that.\nQ\nRon, are you saying that we should not take\nConnally's word on this, by the way?\nMR. NESSEN: Just a step away from your question,\nTom -- (Laughter) --- the President has not consulted on this\nwith anyone.\nQ\nRon, are you through with that?\nFORD\nMR. NESSEN: I don't know.\nQ\nDid Connally give him any kind of light\nlecture yesterday on the fact that he better get working on\nthis thing, that it was going to get away from him if he\nwas not careful?\nMR. NESSEN: Well, Phil, there were only two\npeople in the meeting and I was not one of them so I don't\nknow what they discussed.\nQ\nRon, did the President meet with Congressman\nJoe Waggonner of Shreveport this morning, and did they discuss\nWaggonner's case in which he has been written about by the\nNew York Post?\nMR. NESSEN: Well, today was one of the Congressional\nhours and I think if you recall Congressional hour it is one\nof those occasions in which an hour or an hour and a half\nis set aside for very brief meetings with Members of Congress.\nQ\nYes, we know that, but that is not the question.\nMR. NESSEN: Well, I want to set in context why\nCongressman Waggonner was here. He came in with one of his\nconstituents, the Reverend Ashley T. Law --\nQ\nSouthern Baptist? (Laughter)\nMORE\n#511\nTHE WHITE HOUSE\nWASHINGTON\nJune 17, 1976\nDear Jonathan:\nMany thanks for sending me a copy of the\nreport recently completed by your Study\nGroup concerning the selection of Vice-\nPresidential candidates.\nI look forward to reading this report\nas I am sure it represents a very thought-\nful commentary on this subject.\nCongratulations on having completed this\nwork so expeditiously!\nVery best personal regards.\nSincerely,\nLIBRARY\nThil\nTURO\nPhilip W. Buchen\nCounsel to the President\n\"a\nSERVID\nThe Honorable Jonathan Moore\nDirector\nInstitute of Politics\nHarvard University\n78 Mount Auburn Street\nCambridge, Massachusetts 02138\nNews Office\n1976-79\nHarvard University\nHolyoke Center 1000\nCambridge, MA 0213\nTel. 617-495-1585\nJune 8, 1976\nMrs. Deane W. Lord, Director\nFOR RELEASE: Monday, June 14, 1976\nBEBAL\nHarvard University's Institute of Politics released today the report of its\nStudy Group on Vice-Presidential Selection, containing fifteen \"mutually reinforcing\"\nrecommendations favoring \"a set of procedures more likely than the present ones to\nassure selection of Vice-Presidents competent to assume the Presidency itself.\"\nCiting current one-to-two odds that the Vice-President will eventually become\nPresident, and the Eagleton-Agnew incidents, the report criticizes the present system\nas \"too prone to error\" and containing \"an inherent and unacceptable degree of risk.\"\nThe study group's report is made public \"in hopes of influencing the way the\nVice-Presidential nominees are selected in 1976 and of improving the process further\nbefore 1980.' Its recommendations:\n*\nProtect the predominant role of the Presidential nominee in the selection of\na running mate, and reject methods of an \"open\" convention or a \"mini-convention\"\nconvened subsequent to the regular national convention.\n*\nEmphasize a \"more open system, responsive to the public\" which would \"strengthen\nthe chances of informed and responsible choice,\" relying upon \"sensible, feasible,\nand largely voluntary\" roles for the parties, candidates, and the media.\nSupport \"Presidential competence\" as the primary standard for Vice-Presidential\nselection, with \"electoral balancing\" as a secondary factor, pointing out that\nthe two \"are neither mitually exclusive nor naturally contradictory.\"\nPropose rearrangement of the schedule for national conventions so as to place\nthe platform debates following the Presidential nomination and preceding the\nVice-Presidential choice--allowing time for \"more care and deliberation with\nopportunity for more thorough and extensive consultation.\"\nEndorse a strengthened party role by establishing advisory committees of the\ntwo national parties which would undertake advance preparation and background\nresearch prior to the convention, widen the process of consultation, and \"provide\ninformation and advice on potential Vice-Presidential candidates to the nominee.\"\nUrge the Presidential candidates to give higher priority to Vice-Presidential\nselection--through advance staff work, public discussion of criteria, and public\nlisting of \"serious preferences for the Vice-Presidency before the convention.\"\n*\nOppose F.B.I. background checks for prospective Vice-Presidential candidates by\nadministrative action; but request Congressional consideration of legislative\nauthori for \"appropriate background investigations to be conducted by\n-more-\nInstitute of Politics\n-2-\nthe F.B.I., under timely and fair arrangements and with effective controls\nagainst violations of privacy and misuse of sensitive information.\"\n*\nStress the key role of the media in public exposure and involvement in Vice-\nPresidential choice, urging the commitment of \"reporters, time and funds to\nextensive coverage and investigation of potential running mates, including\ninterviews plus in-depth reporting on issues and backgrounds.\"\nThe Study Group on Vice-Presidential selection, which began its work in February,\nreviewed earlier studies and proposals and interviewed various experts and current\npractitioners in the process, before completing its own analysis and recommendations.\nIts members are: Christopher Arterton, Assistant Professor of Political Science,\nYale University; Timothy Barrow, Fellow, Institute of Politics, formerly Mayor of\nPhoenix, Arizona; Lawrence D. Brown, Assistant Professor of Government, Harvard\nUniversity; Eugene Carlson, Fellow, Nieman Foundation, economics reporter, United\nPress International; Barney Frank, Massachusetts State Representative; K. Dun\nGifford, Vice-President for Urban Affairs, Cabot, Cabot & Forbes, formerly Chairman\nof Common Cause/Massachusetts and Legislative Assistant to Senator Edward Kennedy;\nCharles Greenleaf, MPA Program, John F. Kennedy School of Government, formerly\nLegislative Assistant to Governor Milliken of Michigan; Ira Jackson, Special Assistant\nto the \"Institute Director, formerly Administrative Assistant to Mayor Kevin White of\nBoston; Elizabeth Goddard (Rapporteur), Institute staff; and Jonathan Moore (Chairman)\nDirector of the Institute of Politics. Excerpts from the Study Group's Report:\nOn the problem:\n\"We take the view that rational discussion and exploration of alternatives should\nbe continued, and that increased public attention to methods of Vice-Presidential\nselection is itself a necessary first step toward improvement\nOur general\nobjective is to suggest a set of procedures more likely than thepresent ones to assure\nselection of Vice-Presidents competent to assume the presidency itself. Our point of\ndeparture is not that the present approach has worked poorly on the whole, but rather\nthat it is inherently risky. We grant that no Presidential nominee would knowingly\nchoose a running mate unfit to hold the highest office. However, we are skeptical\nthat the present system is adequately self-correcting or that we can simply trust\nfuture Presidential nominees to exercise 'exquisite care' in choosing running mates\nin the absence of procedural reform.\n\"We do not believe that radical changes are desirable or workable\nWe\naddress, therefore, the practical roles which the parties, the candidates themselves,\nand the media can usefully and quickly play. Our recommendations recognize the\ninherently pluralistic and democratic character of the process, and we believe their\nnon-dramatic nature makes them more rather than less compelling.\"\n*****\n-more-\nFood\nLIBRER\nInstitute of Politics\n-3-\nR.\nOn standards:\nSTREET\nWe recognize that strong short-term political needs--for regional balance, to\nheal party divisions, to prevent the Presidential nominee from being upstaged, and\nthe like--may detract from competence as the main criterion. However, the selection\nof a running mate with the purpose of maximizing the popular vote, securing key blocs\nin the electoral college and creating a sense of representation and legitimacy\namong various population elements--therefore enabling an administration to govern\neffectively, is a valuable aspect of the political process\nIt is implausible\nthat the dictates of short-term political balance are so compelling, and the available\nset of high-quality political figures so limited, that a Presidential nominee need be\nforced to sacrifice competence to campaign victory in a possible successor.\"\nOn parties:\n\"By undertaking modest but useful reforms, the national parties can not only\nimprove Vice-Presidential selection, but also strengthen their own relevance and\ninfluence in a period unhappily marked by party decline\nAs it is now, both\nparties treat Vice-Presidential selection as a low-priority matter, an afterthought\nunworthy of serious preparation.'\nOn candidates:\n\"In urging special responsibilities in Vice-Presidential selection on the\nPresidential candidate, along with recommendations affecting other participants in\nthe process, we seek to strengthen and protect their role rather than to diminish\nit. If their responsibility is to remain a commanding one, however, it should be\ncarried out with a greater commitment of time and effort than has generally charac-\nterized past behavior, beginning well before nomination rather than immediately\nfollowing it.\n\"The greatest weakness in the present system is the fact that whereas the\nPresidential candidates go through months of exposure and arduous campaign work\nbefore coming to the convention, the Vice-Presidential candidate is often unknown,\nboth to the public and the nominee. When the Vice-Presidential candidate happens to\nbe chosen from the ranks of candidates actively contesting the primaries, there is\nmuch less of a problem, but this cannot be guaranteed\n(We) attempt to correct\nthis weakness in the system without challenging the nominee's prerogative to make\nthe choice.\"\n*****\nOn background checks:\n\"The question of background checks on prospective Vice-Presidential candidates\nis characterized by uncertainty and controversy. Many believe that they would not be\n-more-\nInstitute of Politics\n-4-\nworth the risks involved, including possible violation of privacy, abuse of\nconfidential information, lack of credibility, and misrepresentation.\n\"The study group believes that a thorough examination of a Vice-Presidential\ncandidate's personal and political background, now lacking, is a desirable component\nof the overall process\n(But) any process of background checks must be accom-\nplished with a maximum of understanding, support, and credibility. Otherwise the\ncost will be greater than the benefit, and we would do better without it. It is this\nbelief that leads us to the conclusion that a systematic check for Vice-Presidential\ncandidates should not be undertaken by administrative action and loose agreement\namong the interested parties, but only by way of the legislative process. This would\nassure adequate deliberation--solicitation of views through public hearings, careful\nanalysis by Committee staff, open debate in both houses of Congress, and the chance\nfor Presidential approval of a new statute.\"\nOn the media:\n\"The press should earmark a substantial slice of its resources toward calling\nattention to the inequities and foibles of the present selection system and toward\ncovering prospective Vice-Presidential candidates\nThe urgency of the ongoing\ncampaigns and the uncertainty of the outcome leaves the unfortunate possibility that,\nonce again, the selection of running mates will be a last-minute decision. In that\nevent, it will be more crucial than ever for reporters to dig deeply into the back-\ngrounds and public records of the candidates, acting as a supplement to a highly\nimperfect selection procedure. To the extent that potential contenders for the second\nslot can be identified and examined in advance, the process will be improved.\"\nThe Institute of Politics was established in 1966 in the John Fitzgerald Kennedy\nSchool of Government at Harvard University as a living memorial to the late President,\nwith the objective of increasing the understanding and cooperation between the\nuniversity community and the political world. It conducts a student program, a\nFellowship program, a program of Faculty Studies, and a program of special projects,\nincluding analyses of the political process and orientation courses for freshmen\nmembers of Congress and newly-elected Mayors.\n-end-\nLIBRARY\nFORD\nTHE WASHINGTON POST\nFriday, June 18, 1976\nA7\nR1\n07VHID\nCarter to Name Panel to Help Him Choose a Running Mate\nBy Helen Dewar\ndropped Sen. Thomas F. Ea-\nthe impression that we are\nfurther investigations would\nWashington Post Writer\ngleton (D-Mo.) after it was\nmore important than we re-\nbe made.\nST. SIMON ISLAND,\ndiscovered that he had been\ntreated for a mental illness.\nally are.\"\n\"I don't know about the\nGa., June 17-Jimmy Cater,\nconceding that a faulty vice\nCarter-tanned and re-\nAnd, said Powell, smiling,\nuse of the FBI. We're reluc-\npresidential choice could be\nlaxed from two days of fish-\n\"he explained just how im-\ntant to do that,\" said Carter.\na \"fatal mistake\" for his\ning and swimming with his\nportant we are.\"\n\"The only way would do\ncampaign, ann unced today\nfamily at Sea Island near\nBriefing reporters on the\nthat is if the Attorney Gen-\nhe will immed stely assem-\nhere-disclosed the plan af-\nlawn of a resort hotel where\nble a panel 12 to 15\nter a two-hour strategy ses-\neral tells us it would be be\n\"distinguished Americans\"\nsion with a dozen or so\nhis staff is staying during\ngal and if the nominee ap-\nto help him mak the\nmembers of the top echelon\nhis five-day vacation, Carter\nproved the interrogation or\nchoice.\nof his campaign staff.\nsaid he would have more de-\ninvestigation.\"\nBut he said he is reluctant\nIt was the prospective\ntails within a few days on\nHe said he felt it was\nto accept President Ford's\nnominee's first meeting with\nthem since his opposition\nhis vice presidential selec-\n\"important in this process to\noffer of FBI assistance in\ncrumbled in the face of his\ntion plans, including names\nprobing the background of\nhonor the privacy\" of those\nprospective candidates for\nrelentless, 15½ month drive\nof at least some representa\nwho are under consideration\ntive members of the advis-\nthe No. 2 Democratic spot.\nfor convention delegates.\nAccording to Carter and\nory group.\nfor the nomination, and did\nHe indicated he would do so\nothers, the meeting covered\nAides said Carter ap-\nnot want \"a full background\nonly if the ididate agrees\nto submit to an investigation\nplans for paying off Carter's\npeared to have a \"fair idea\"\ncheck\" of all who are being\n$1.2 million primary cam\nof whom he intended to\nand if the Attorney General\nconsidered, regardless of\nchoose for the panel but did\nrules that such probes are\npaign debt, convention logis-\ntheir chances of being cho-\nlegal.\ntics and fall campaign plans\nnot want to disclose names\nsen.\nas well as the vice presiden-\nuntil he had contacted them.\nCarter also backed off at\nThe Carter campaign has\nleast partially from his ear-\ntial selection.\nCarter told reporters that\nalready commissioned its\nlier statement that he would\nCarter also said the group\nno prospective vice presi-\nwent over \"some mistakes\"\ndential nominees would be\npolling firm, Cambridge\nask the 3,008 convention del-\nSurvey Research, to conduct\negates for their advice on a\nthat the campaign organiza-\non the panel, which, he said,\nwould be composed of\na voter survey on 14 possî-\nvice presidenilal nominee,\ntion had made during the\nsaying that time remaining\nprimaries, but he did not\n\"distinguished Americans\nble nominees: Sens. Edward\nbefore the July 12 conven-\nelaborate.\nwhose judgment I respect.\"\nM. Kennedy (Mass.), Frank\nChurch (Idaho), Walter F\ntion may not permit such a\nLater, press secretary\nCarter did not spell out\nMondale (Minn.), Alan Cran-\nsurvey.\nJody Powell said Carter\nexactly how the panel would\nston (Calif.), John Glenn\nUse of a public advisory\ncomplained during the meet-\noperate, but Powell said it\n(Ohio), Edmund S. Muskie\ngroup would give him a\ning that the staff \"in some\nwould probably be on an in-\n(Maine), Adlai E. Stevenson\nbroad-based\n'sounding\ncases had gotten a little\nformal basis, without actual\n(Ill.) and Birch Bayh\nboard\" for selection of a\ncocky about this thing\" (the\nmeetings.\n(Ind.); Govs. Michael S. Du-\nrunning mate, Carter said.\nnomination) and he wanted\nCarter said he would\nkakis (Mass.), Wendell An-\nThe Carter campaign hopes\nmore humility.\n\"accumulate as many differ-\nderson (Minn.) and Hugh L.\nit also would help provide a\nPowell said Carter wanted\nent opinions\" as he could\nCarey (N.Y.); Reps Peter W.\ncheck against a recurrence\nthe word passed through his\namong members of the\nRodino (N.J.) and Barbara\nof the Democrats' 1972\nAssociated Press\nentire campaign organiza-\ngroup and, if there are any\nJordan (Tex.), and Mayor\nplight, when presidential\ntion to \"take great pains to\n\"deleterious or critical\" of\nThomas Bradley of Los An-\nJimmy Carter airs strategy with (from left) Hamilton Jordan, Morris Dees, Greg Schneiders and other aides.\nnominee George McGovern\nmake sure we did not give\nany of the possible choices,\ngeles.\n197\nTHE WHITE HOUSE\nWASHINGTON\nBarry,\nMr. Buchen would like you to\nhandle.\nshirley\nLIBRARY\nFORD\nSERALD\nBurber\n7,\nTHE WHITE HOUSE\nBarry.\nWASHINGTON\nJune 21, 1976\nMEMORANDUM FOR:\nRON NESSEN\nFROM:\nDAVE GERGEN 72\nSUBJECT:\nFBI Check on\nVP Nominee\nJimmy Carter's people say he will announce\nthis week his procedures for selecting a VP\nnominee. Do we have a definite reading now\non the legality of FBI checks?\nCC: Dick Cheney\nLIBRARY\nDech\n1040\nGERALD\nLIBRARY\nDemo Race: Comment\nFORD\nC-12\nAvoiding Mistakes\n(Editorial, excerpted, Atlanta Journal)\nThough all sorts of things can still happen at the Democratic\nnational convention itself, the party's platform committee has\ncome up with a draft which is pleasing to probable presidential\nnominee Jimmy Carter. As a result, the committee also has avoided\nmaking some big political mistakes, which, without the Carter in-\nfluence, it quite likely would have made.\nDespite the grumbling of some who view silence on such issues\nas elevating political expediency above ideals, the platform com-\nmittee refused to get as far out of step with the majority of the\nAmerican people as party ideologues tended to do in 1972. It\nbegins to appear that candidate Carter will not have to start\nthe campaign disavowing most of his party's platform. -- (6/17/76)\nCan FBI Be Trusted?\n(Editorial, excerpted, Des Moines Register)\nJimmy Carter, the probable Democratic presidential nominee,\nhas expressed reservations about an offer by Atty. Gen Levi to\nhave the FBI run background checks on possible running mates.\nAn FBI check conceivably could alert the presidential nominee\nto factors in a person's background that would make that person an\ninadvisable vice presidential choice. But the FBI also conceivably\ncould try to blackball somebody the agency disapproved. Carter is\nproperly concerned about the possible consequences of giving the\nFBI even an indirect voice in the selection process.\nFor too long even presidents were cowed by the FBI and\ndared not appear to question the integrity of the agency. Jimmy\nCarter's reluctance to bring the FBI into the vice presidential\nselection picture is a healthy sign. -- (6/23/76)\nCarter Twists the Record\n(Editorial, excerpted, Daily Oklahoman)\nNow that he has the Democratic presidential nomination vir-\ntually sewed up a month before the convention, Jimmy Carter is\nreportedly turning his attention to potential running mates and\npossible cabinet choices.\nHowever, there is the little matter of a campaign and election\nbefore Carter can be sworn in as the 39th President of the United\nStates next January. And as the contradictions in Carter's record\nbecome more apparent, a funny thing could happen to him on the way\nto the White House, like it did to Thomas E. Dewey in 1948.\nElection: News\nN-11\nVice Presidential Selection in Question\nThe selection of Spiro Agnew and Thomas Eagleton as vice\npresidential running mates in 1972 has caused many to conclude\nthe vice presidential selection process should be changed, Connie\nChung (CBS) reported.\nChanges range from an FBI investigation to giving the\npresidential nominee more time to choose a running mate, Chung\nsaid.\nHubert Humphrey commented (on ABC film) : \"Listen, Lyndon\nJohnson made the FBI look like amateurs. They investigated from\ntop to bottom and I knew it.\"\nJimmy Carter has already begun an elaborate screening process\nto choose his running mate, Chung said.\nThe two Republicans aren't in Carter's fortunate position.\nBoth camps support a thorough investigation but do not think it\nshould overshadow the decision of the nominee.\nReagan campaign manager John Sears said (on ABC film) : \"I have\nno interest myself and I don't think Mr. Reagan does in making the\nselection process into something that might more resemble a police\ninvestigation.\"\nRogers Morton said (on ABC film) : \"The thing you want to\navoid and I think the President would want to avoid is any system\nthat would let the Executive Branch be the determining factor as\nto whether a person should or should not be the President of the\nUnited States or the Vice President of the United States.\" CBS --\n(6/29/76)\nFORD\nLIBRARY\nR.\nBarry\nTHE WHITE HOUSE\nWASHINGTON\nJune 30, 1976\nFORD\nLIBRARY\nMEMORANDUM FOR:\nDICK CHENEY\nJACK MARSH\nFROM:\nPHIL BUCHEN\nP.\nSUBJECT:\nAuthority for FBI to Investigate\nPotential VP Nominees\nThe Department of Justice is of the opinion that present law does\nnot permit the FBI to investigate prospective Vice Presidential\nnominees. Justice is unable to find any statute which would\nauthorize the FBI to undertake such investigations. Although the\nPresident has inherent authority to direct investigations in the\nabsence of a specific statute when the investigations relate to\nthe exercise of his constitutional or statutory functions, Justice\nis unable to identify any function which would clearly support\nsuch a directive for this purpose. Moreover, Justice notes\nthat a statute to provide for such investigations may be uncon-\nstitutional because it establishes consent by the nominee as a new\nqualification for Vice Presidential candidates.\nAt best, it is questionable whether present law would permit such\nan investigation even with the subject's consent. In the absence\nof new legislation, the only basis for proceeding in this manner\nwould be after consultation by the Attorney General with the\nleadership of the House and Senate Judiciary Committees. The\nAttorney General does not favor the concept of a Federal police\nforce investigating potential political candidates and the Deputy\nAttorney General recently explained to Governor Carter's staff\nthat the FBI did not have the authority to investigate Vice\nPresidential candidates. (No objection to this opinion was\nraised by Governor Carter's staff. Despite a correction by the\nNew York Times, the news media continues to report that the\nAttorney General offered the FBI for the investigations.)\nINVESTIGATION OF PROSPECTIVE\nVICE PRESIDENTIAL NOMINEES\nQuestion\nMr. President, you recently stated that you would make available\nfacilities of the FBI at the request of the Democratic Presidential\nnominee to investigate a prospective Vice Presidential nominee\nprior to the decision. Is this your present position?\nAnswer\nThe idea of such an investigation was recently raised by a reporter\nat which time I stated that I saw no objection to an investigation, to\nthe extent permitted by law, as long as it was requested in writing\nby the Presidential nominee with the written concurrence of the\nVice Presidential nominee. On the basis of my experience during\nmy Vice Presidential confirmation process, I am not personally\ntroubled by the thought of such an investigation. However, the\nDepartment of Justice has recently concluded that present law does\nnot permit the FBI to undertake such investigations even with the\nconsent of the subject and Governor Carter has so been informed\nby the Department of Justice.\nI believe this is a matter that deserves further study. There are\nnumerous practical problems that must be considered, such as the\nlength of time to complete investigations of this magnitude, as\nwell as policy considerations concerning individual privacy and\ninvestigations by the Government of potential political candidates.\nWe must not get into a situation where the Federal Government\nscreens who are to be our political candidates. I do not believe\nthat such a study could be completed in time for this year's\nConventions.\nLIBRARY\nFORD\nBERALD\n-2-\nSenator Brock has introduced legislation, S. 3552, to provide for\ninvestigations for this purpose \"of the same nature, extent, and\nscope as an investigation conducted by the Federal Bureau of\nInvestigation in connection with the granting of the Top Secret\nsecurity clearance to any individual employed by the United\nStates. 11 The bill does not require the consent of the prospective\nVice Presidential nominee in order to conduct an investigation and\nwould allow any candidate with written statements of support from\nmore than 10 percent of the delegates to the Convention to request\nthe Attorney General to investigate not more than 10 individuals\nfor this purpose. The bill appears to prohibit the use of any\nevidence obtained during an investigation for any other purpose,\nincluding in criminal proceedings and provides that only the\nPresidential nominee or his designate could inspect the investi-\ngations after obtaining consent of the subject. Following the\nnomination of the Vice Presidential candidate, the investigations\nand all copies thereof would be destroyed. I recommend that\nthe appropriate Justice officials meet privately with Senator\nBrock to discuss the practical problems raised by such legislation\nand Justice's reluctance to investigate potential political candidates.\nWith reference to the President's consideration of Vice Presidential\ncandidates, we can review existing FBI background investigations\non individuals who have been considered for Presidential appointment.\nAs you are aware, we do not conduct such investigations with respect\nto members of Congress, but with consent do conduct investigations\non Governors and other state officials. While such investigations\nare far less detailed than the one on Congressman Ford, they may\nbe useful. Additionally, the questions we ask Presidential appointees\n(attached) concerning their financial interests and background provide\nus with basic information that should be reviewed prior to final\nselection and announcement of the President's running mate.\n1\nfile\nV\nP\nselection\nVice-Presidential Candidate\nThe most important decision Governor Carter is likely\ncredibility as the Presidential nominee of his party may\nto make for a very long time to come is the decision he\nrest on this particular decision, i.e., on the individual\nhas to arrive at within the next two days if he\nwhom he chooses to be his running mate. In a way that\nhas not reached it already. It is a decision of vital\nis unprecedented in recent years, the eyes of the nation\nsignificance, not only for the prospective Presidential\nare focused on the Democratic selection for the Vice\nnominee and for the Democratic Party but, more to the\nPresidency; rarely if ever in this century has the country\npoint, for the American people. It is the selection of the\nbeen so conscious of the importance of the choice. And\nDemocrat best qualified for the Vice Presidency of the\nthe choice will be Governor Carter's, his alone to make;\nUnited States.\nthe responsibility rests on him and on him alone.\nThe traditional method employed by both parties in\nThe seven members of Congress Mr. Carter named\nchoosing their Vice-Presidential nominee has little to\nas the group from whom he would make his selec-\nrecommend it; and the results have often proved the\ntion include at least three Senators clearly qualified\npoint. The potential (and, in too many cases in recent\nfor the Vice-Presidential office on grounds of experience,\nyears, the actual) successor to the Presidency has nor-\nability and character, and also because they represent\nmally been appointed by the successful Presidential\nthe philosophy of Democratic liberalism in foreign as\ncandidate, and anointed by the party convention-with\nwell as domestic policy, to which, we believe, Governor\nthought only for- real or imagined political advantage,\nCarter basically adheres.\nand with virtually no thought of the standards requisite\nIn this group are Senator Muskie, Senator Mondale\nfor holding the world's most important public office.\nand Senator Church: in it might well have been included\nAs we noted last week, and many times in the past,\nRepresentative Udall, Mr. Carter's closest rival for the\nsome better method must be devised. But until it is, the\nnomination, whose name was regrettably omitted by\nprocedure now being followed by Governor Carter, who\nthe victor from those under consideration.\nhas had the unusual advantage of time to give this\nIt is natural for Governor Carter to wish to have a\nmatter the attention it deserves, is probably the best\nVice President entirely compatible with his own views\nthat could be worked out.\nand one with whom he will be \"comfortable\"; but at the\nsame time he needs to pick as running mate a man of\nHis specific choice, however, has not yet been named;\noutstanding and proven quality, and one in line with\nand Mr. Carter must realize that a good deal of his\nthe liberal traditions of the mainstream of his party.\nSEE\nNew York Times (7/13)"
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