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JGR/Pro Bono (3 of 18)
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JGR/Pro Bono (3 of 18)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: JGR/Pro Bono (3) Box: 44 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ 97 Box 44 - JGR/Pro Bono (3) - Roberts, John G.: Files SERIES I: Subject File WITHDRAWAL SHEET Ronald Reagan Library Collection Name ROBERTS, JOHN: FILES Withdrawer MJD 8/6/2005 File Folder JGR/PRO BONO (3 OF 18) FOIA F05-139/01 Box Number 44 COOK 12MJD DOC Doc Type Document Description No of Doc Date Restrictions NO Pages 1 LETTER GRANT MACDONALD TO FRED 1 2/16/1984 B6 740 FIELDING RE LEGAL MATTER 2 LETTER HESSLER, STRAMER & ELSER TO 1 8/16/1977 B6 741 GRANT MACDONALD RE CIVIL CASE Freedom of Information Act - [5 U.S.C. 552(b)] B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] E.O. 13233 C. Closed in accordance with restrictions contained in donor's deed of gift. THE WHITE HOUSE WASHINGTON February 13, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS SUBJECT: Request by Congressman Daniel That The President and Mrs. Reagan Sign Olympics Statement M & M Mars, the candy people, are a sponsor of the Olympics. Indeed, they are the "official candy" of the 1984 Olympic Games. Congressman Dan Daniel (D-VA) brought representa- tives of M & M to see the President last fall, and the M & M people presented the President with an Olympic candy jar. At that meeting the President also agreed to participate in M & M's "Sign Up America" project to support the Olympics, although it is not clear to what extent the details of the project were explained to the President. Daniel has now sent B. Oglesby parchments for the President and First Lady to sign. The parchments contain a quotation from Jesse Owens, the slogan "Sign Up America, and the statement "We pledge our support for the 1984 Olympic Games and wish success for our U.S. Team." Oglesby has asked for our guidance. I contacted Vivian Anderson on Daniel's staff for more details. According to Anderson, M & M and other Olympics sponsors plan to collect signatures to the above-quoted pledge from millions of citizens across the country. On opening day, the Jaycess and the U.S. Olympic Committee will present a scroll with the signatures to the U.S. Olympic Team, as a show of support. M & M has also agreed to donate $0.10 to the U.S. Olympic Committee for every signature to the pledge. Anderson, after checking with M & M, assures me that the company will not use the parchment itself or the fact of the signatures in any commercial advertising. I recommend advising Oglesby that we have no objection to the President and the First Lady signing the documents, provided that Congressman Daniel and the M & M people are forewarned that the documents may not be used in any way in connection with advertising by M & M. A memorandum to Oglesby is attached. Attachment THE WHITE HOUSE WASHINGTON February 13, 1984 MEMORANDUM FOR M. B. OGLESBY, JR. ASSISTANT TO THE PRESIDENT FOR LEGISLATIVE AFFAIRS FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Request by Congressman Daniel That The President and Mrs. Reagan Sign Olympics Statement You have asked for our views on Congressman Dan Daniel's request that the President and the First Lady sign parchment documents submitted by Daniel pledging their support for the 1984 Olympics and the U.S. Olympic Team. Conversations between my staff and that of Congressman Daniel have established that the signatures are sought as part of an effort by Olympics sponsor M & M Mars Company to obtain signatures to the pledge from citizens across the country. The signatures are to be presented on opening day by the Jaycees and the U.S. Olympic Committee to the U.S. Team. M & M Mars has agreed to donate $0.10 to the U.S. Olympic Committee for every signature obtained. We have no objection to the President and the First Lady signing the documents, provided that Congressman Daniel is reminded, in writing when the documents are delivered to him, that the documents themselves or the fact that the Reagans signed them may not be used in any way in adver- tising by M & M Mars or any other promotional activity to benefit M & M Mars. FFF: JGR:aea 2/13/84 CC: FFFielding/JGRoberts/Subj/Chron JV WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET JR 0 - OUTGOING H INTERNAL I INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: M. B. Oglesby Tr. MI Mail Report User Codes: (A) (B) (C) Subject: Forwards request from Dam Daniel for signatures of the President and the First Lady on two Parchments to be used in 1984 Olympics ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CVHOLL ORIGINATOR 84/01/31 / / Referral Note: CVAT 18 D 84,0131 5 84,0211 Referral Note: / / / / - Referral Note: / / / / Referral Note: 3/ 7 Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I - Info Copy Only/No Action Necessary A Answered C Completed C . Comment/Recommendation R Direct Reply B - Non-Special Referral S Suspended D * Draft Response S For Signature F . Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Unitials of Signer Code = ""A" Completion Date = Date of Outgoing Comments: Paschments (2) attached Jan 2784 Fielding m.B, Oglesby memoto Fred Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 ID #. 200496 WHITE HOUSE PROCE CORRESPONDENCE TRACKING WORKSHEET 0 OUTGOING H INTERNAL I INCOMING Date Correspondence 84,01,25 Received (YY/MM/DD) Dan Daniel Name of Correspondent: MI Mail Report User Codes: (A) (B) (C) Subject: Forwards a parchment document for the President & Mrs. Reagan to sign, Indicates that he mentioned the parchment to the President and the President said to send it along for s'ignature, Parchment shows support for ACTION 1984 Olympics, ROUTE TO: DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD LAOGLE ORIGINATOR 84,01,26 / / Referral Note: Cu Holl A 8410131 / / Referral Nate: Cu AT 14 DD DD 8413131 5841211 Referral Note: / / / / Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I - Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R - Direct Reply w/Copy B - - Non-Special Referral S Suspended D Draft Response S For Signature F - Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: L.A has paralements Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 THE WHITE HOUSE WASHINGTON January 27, 1984 MEMORANDUM FOR: FRED FIELDING FROM: M. B. OGLESBY, JR, DD SUBJECT: Request for the President's Signature on a Parchment to be Used in 1984 Olympics In the attached letter, Congressman Dan Daniel (D-VA) asks for the signatures of the President and the First Lady on two parchment documents to be used on opening day of the 1984 Olympics to show their support of our teams. Please advise me how to respond to Congressman Daniel, or let me know if you prefer to acknowledge the letter directly. Thank you. DAN DANIEL 2368 RAYBURN BUILDING 5TH DISTRICT, VIRGINIA WASHINGTON, D.C. 20515 (202) 225-4711 COMMITTEE: ARMED SERVICES Congress of the United States ADMINISTRATIVE ASSISTANT W. FRED FLETCHER SUBCOMMITTEES: MILITARY READINESS, CHAIRMAN house of Representatives DISTRICT OFFICES: MORALE, WELFARE AND 301 POST OFFICE BUILDING RECREATION PANEL, CHAIRMAN Washington, D.C. 20515 DANVILLE, VIRGINIA 24541 INVESTIGATIONS TELEPHONE: 792-1280 ABBITT FEDERAL BUILDING 103 S. MAIN STREET FARMVILLE, VIRGINIA 2390 TELEPHONE: 392-833 January 25, 1984 200496 Mr. M. B. Oglesby, Jr. Assistant to the President The White House Washington, D. C. 20500 Dear "B". Here is a parchment document which I would appreciate your having the President and Mrs. Reagan sign. It will be used on opening day of the 1984 Olympics to show their support of our teams. When I visited the President along with the M&M Mars people a couple of months ago I mentioned these documents to him and he asked that they be sent along for their signatures. Thank you very much, and I shall appreciate your returning them to Vivian Anderson in my office at the earliest convenient time. With kind regards and best wishes, Very sincerely, Dan Dan Daniel DD:va THE WHITE HOUSE WASHINGTON February 15, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTSON SUBJECT: Gift of Book Entitled "Fluoride: The Aging Factor" John Yiamouyiannis, Ph.D., Acting Executive Director of the National Health Action Committee, has sent the President two copies of his book Fluoride: The Aging Factor. In his cover letter Dr. Yiamouyiannis claims that the fluoridation of public water supplies is a serious health hazard "which is currently resulting in the deaths of tens of thousands of American civilians and which is chronically poisoning over half of the population of the United States." He also claims that the U.S. Public Health Service personnel are "responsible for promoting this atrocity." Dr. Yiamouyiannis attaches a list of 33 people who have paid him to send the President his book. He has advised the 33 that the President or a member of the White House staff will respond to them "with a serious and meaningful appraisal" of the charges made in the book. I do not think Yiamouyiannis's letter and book raise any legal problems appropriate for the attention of this office. The gift of the two books is of nominal value and has been recorded by the Gift Unit. Yiamouyiannis's decision not to send 33 books to the President but to send the excess to other leaders does not strike me as objectionable, nor, even if it were, our office's business. Yiamouyiannis vehemently objects to a referral to the Public Health Service, so I recommend sending his letter to the President's Science Advisor, George A. Keyworth, II. The book deals with scientific questions and accordingly the problem is within Keyworth's province. Attachment cc: Claudia McMurray THE WHITE HOUSE WASHINGTON February 15, 1984 MEMORANDUM FOR GEORGE A. KEYWORTH, II SCIENCE ADVISOR TO THE PRESIDENT DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Correspondence and Book Concerning Fluoridation of Public Water Supplies The attached letter and books, sent to the President by John A. Yiamouyiannis, Ph.D., Executive Director of the National Health Action Committee, are forwarded to your office for whatever review and direct reply you consider appropriate. Dr. Yiamouyiannis's letter raises substantive policy and scientific questions rather than legal ones, and accordingly is more appropriately handled by your office. We have not responded to Dr. Yiamouyiannis, and have no continuing interest in this matter. Many thanks. FFF:JGR:aea 2/15/84 CC: FFFielding/JGRoberts/Subj/Chron 192144 ID# CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET PU 0 OUTGOING H INTERNAL INCOMING Date Correspondence Received(YY/MM/DD) / Name of Correspondent: John YIAMOUYIANN NN IS MI Mail Report User Codes: (A) (B) (C) Subject: Sends President book Flouride the aging Factor and list of people to whom a white House evaluation Showld be sent ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD WHOLE ORIGINATOR: 83,12,16 Referral Note: QUATIO D. 02/83/12/16 58312116 Referral Note: Referral Note: Referral Note: 7777 resigned Referral Note: ACTION CODES DISPOSITION CODES: A Appropriate Action Info Copy Only/No Action Necessary VA Answered C Completed C Comment/Recommendation: R Direct Reply w/Copy B Non/Special Referral S Suspended D Draft Response S For Signature FF Furnish Faot Sheet X Interim Reply to becused as Enclosure FOR OUTGOING CORRESPONDENCE Type of Response Unitials or Signer **Code (2.boob attached DD# Completion Date Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files Refer questions about the correspondence tracking system to Gentral Reference, ext. 2590. 15/81 WHITE HOUSE GIFT UNIT ID: 8341357 LOGGER'S INITIALS: JMT DATES: LOGGED: 831202 ARRIVED: GIFT INTENDED FOR: PRESIDENT CORRESPON. TRACKING: DONOR: GENERAL PUBLIC NAME: LAST: YIAMOUYIANNIS FIRST: JOHN PREFIX: DR. SUFFIX: PH.D. TITLE: ACTING EXECUTIVE DIRECTOR ORG: NATIONAL HEALTH ACTION COMMITTEE STREET: 6439 TAGGART ROAD CITY: DELAWARE STATE: OH ZIPCODE: 43015 COUNTRY: ACKNOWLEDGEMENT: FORM DATE: SALUTATION: SPOUSE: APPRAISED VALUE: NA OVER MINIMUM VALUE(O/U): U ARRIVAL FORM: MAIL ROOM DESCRIPTION: BOOK - MEDICAL SCIENCES "FLOURIDE, THE AGING FACTOR", BY THE DONOR; 2 COPIES. DISPOSITION: OTHER IF TEMP, DESIG FOR: ARCHIVE BOX NUMBER: COMMENTS BOOKS AND CORRESP. SENT TO SLR. STAFF GIFT INFORMATION: STAFF MEMBER: TITLE: GSA #: COUNSEL APPROVAL(Y/N): DATE: 1983 DEC 15 AM II: 40 WHITE HOUSE GIFT UNIT ID: 8341357 LOGGER'S INITIALS: JMT DATES: LOGGED: 831202 ARRIVED: GIFT INTENDED FOR: PRESIDENT CORRESPON. TRACKING: DONOR: GENERAL PUBLIC NAME: LAST: YIAMOUYIANNIS FIRST: JOHN PREFIX: DR. SUFFIX: PH.D. TITLE: ACTING EXECUTIVE DIRECTOR ORG: NATIONAL HEALTH ACTION COMMITTEE STREET: 6439 TAGGART ROAD CITY: DELAWARE STATE: OH ZIPCODE: 43015 COUNTRY: ACKNOWLEDGEMENT: FORM: DATE: SALUTATION: SPOUSE: APPRAISED VALUE: NA OVER MINIMUM VALUE(O/U): U, ARRIVAL FORM: MAIL ROOM DESCRIPTION: BOOK - MEDICAL SCIENCES "FLOURIDE, THE AGING FACTOR", BY THE DONOR; 2 COPIES. DISPOSITION: OTHER IF TEMP, DESIG FOR: RCHIVE BOX NUMBER: COMMENTS BOOKS AND CORRESP. SENT TO SLR. STAFF GIFT INFORMATION: = STAFF MEMBER: TITLE: GSA #: COUNSEL APPROVAL(Y/N) : DATE: book 110 hid 1383 DEC 15 11:40 WHITE HOUSE GIFT UNIT ID: 8341357 LOGGER'S INITIALS: JMT DATES: LOGGED: 831202 ARRIVED: GIFT INTENDED FOR: PRESIDENT CORRESPON. TRACKING: DONOR: GENERAL PUBLIC NAME: LAST: YIAMOUYIANNIS FIRST: JOHN PREFIX: DR. SUFFIX: PH,D. TITLE: ACTING EXECUTIVE DIRECTOR ORG: NATIONAL HEALTH ACTION COMMITTEE STREET: 6439 TAGGART ROAD CITY: DELAWARE STATE: OH ZIPCODE: 43015 COUNTRY: ACKNOWLEDGEMENT: FORM: DATE: SALUTATION: SPOUSE: APPRAISED VALUE: NA OVER MINIMUM VALUE(O/U): : U ARRIVAL FORM: MAIL ROOM DESCRIPTION: BOOK - MEDICAL SCIENCES "FLOURIDE, THE AGING FACTOR", BY THE DONOR; 2 COPIES. DISPOSITION OTHER IF TEMP DESIG FOR: ARCHIVE BOX NUMBER: COMMENTS BOOKS AND CORRESP. SENT TO SLR. STAFF GIFT INFORMATION: STAFF MEMBER: TITLE: GSA #: COUNSEL APPROVAL(Y/N) ## DATE: 1983 DEC 15 AM 11:40 2/21/84 THE WHITE HOUSE WASHINGTON TO: JOR FROM: Richard A. Hauser RAY Deputy Counsel to the President FYI: (informae) COMMENT: ACTION: Bruce Fein senses a need for an articulation of the Reogan Adm. Legal philosophy for U.S. sity's, G.C's, etc. Here is his mugh draft. REAGAN PHILOSOPHY AND LEGAL DOCTRINES FOR MANAGING ALL LEGAL OFFICES IN THE EXECUTIVE BRANCH INCLUDING UNITED STATES ATTORNEYS 1. All litigation and internal personnel practices should unswervingly adhere to doctrines of color blindness. No preferences to be awarded in law or otherwise on the basis of race, absent proof of illegal discrimination. On the other hand, affirmative recruitment efforts should be undertaken to insure that all qualified personnel, no matter of what race or creed, have equal opportunity to compete for jobs and promotion. Racial preferences on the basis of group criteria are at war with equal protection aspirations and the Nation's time-cherished commitment to individual justice. 2. All litigation should invoke, where appropriate, challenges based on standing, jurisdiction, ripeness, absention, mootness and political questions to foreclose opportunities for judicial policymaking offensive to separation of powers doctrines. These doctrines must be revived to reduce the judicial profile in a manner envisioned by the Founding Fathers. 3. All attorneys are ethically bound to support the President's philosophies, programs, and initiatives in their roles as advocates. Attorneys should be instructed to challenge any judicial precedent that stands as an obstacle to vindicating the President's goals, unless the prospect of obtaining judicial reversal is nonexistent. 4. All attorneys should vigorously defend Executive Branch prerogatives, including Executive privilege to withhold 2 -2- confidential and national security communications, the Executive power of appointment and removal, and the power to direct and harmonize administrative rules and regulations. In addition, attorneys should seek to circumscribe the independent authority of independent agencies by seeking to narrow or reverse the doctrine of constitutional independence announced in Humphrey's Executor. 5. Attorneys should presumptively smile on doctrines of federalism in the interpretation of federal statutes. This means that federal statutes should not readily be interpreted to saddle states or localities with substantial financial burdens. See, Pennhurst V. Halderman. Federal statutes should not readily be interpreted to intrude on state sovereignty in regulating state employees and functions. See, EEOC V. Wyoming; and FERC V. Mississippi. Federal criminal statutes should not readily be extended to crimes traditionally entrusted to state and local prosecutors by extravagant applications of mail fraud statutes, the Hobbs Act, certain federal criminal civil rights statutes, and the federal conspiracy statute. In sum, federal statutes should presumptively be construed to offer states and localities maximum discretion in fashioning policy consistent with the national purpose that animated Congress to act. 6. Federal attorneys should be unyielding in opposing constitutional theories of fundamental rights, suspect classifications (except for race), and procedural due process protective of statutory property or liberty interests. Implied rights of action to enforce regulatory statutes should also be -3- opposed. These constitutional and statutory doctrines endow the federal judiciary with unwarranted policymaking authority. THE WHITE HOUSE WASHINGTON February 23, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS) SUBJECT: Louis Richmond Attached, as you requested, is a memorandum referring to the Justice Department the latest missives from the indefatig- able Mr. Richmond. Since the previous Richmond material was sent to Stan Morris, this memorandum is addressed to Jay Stephens, the Acting Stan Morris. Attachment THE WHITE HOUSE WASHINGTON February 27, 1984 MEMORANDUM FOR JAY B. STEPHENS ACTING ASSOCIATE DEPUTY ATTORNEY GENERAL U. S. DEPARTMENT OF JUSTICE FROM: FRED F. FIELDING Orig. #: signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Louis Richmond By memorandum dated January 11, 1983, this office forwarded to Associate Deputy Attorney General Stan Morris, for appropriate action, a variety of material sent to us by Louis Richmond, raising allegations concerning the management of Pershing Hall in Paris, France. Additional material sent to us by Mr. Richmond over the course of the past year has also been forwarded to the Department of Justice. Attached are the latest form letters from Mr. Richmond. We assume that the Department of Justice is doing whatever is appropriate in response to Mr. Richmond's charges, and we have no continuing interest in this matter. Many thanks. FFF:JGR:aea 2/27/84 CC: FFFielding/JGRoberts/Subj/Chron ID # 191913 CU WHITE HOUSE J2003 CORRESPONDENCE TRACKING WORKSHEET o - OUTGOING H INTERNAL PR requese to DOJ Moris DOJ we meno I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Louis Richmond t advase under the don't are DoJis (C) near MI Mail Report User Codes: (A) (B) Subject: Continuine correspondence ie misuse lad of act action Pershing Hall, Pasis France to a your Rechard, from ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD WHOLL ORIGINATOR ; 83,12,15 / / Referral Note: WAT 18 D 83,12,15 583112128 Referral Note: / / / / Referral Note: / / / / Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I - Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R Direct Reply w/Copy B - Non-Special Referral S Suspended D Draft Response S For Signature F - Furnish Fact Sheet X . Interim Reply to be used as Enclosure- FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: IS these anything we can do to disconsage Purther consespondence from Richmond - Additional corresp. also attached Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 y 1 WHITE HOUSE Jh003 CORRESPONDENCE TRACKING WORKSHEET 0 OUTGOING John H INTERNAL I INCOMING Date Correspondence Received (YY/MM/DD) / / LOUiS Richmond Name of Correspondent: MI Mail Report User Codes: (A) (B) (C) Subject: Pershing Hall Memoual Building Paris, France ACTION DISPOSITION ROUTE TO: Tracking Type Completion Action Date of Date (Staff Name) Code YY/MM/DD Response Code YY/MM/DD Office/Agency CUHOLL ORIGINATOR DD84,02,01 / / Referral Note: cont corresp WAT 18 A 84,0201 / / Referral Note: / / / / Referral Note: / / / / Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R Direct Reply w/Copy B.- Non-Special Referral S Suspended D - Draft Response S For Signature F . Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Lots of prevous DD' Correspondiace. Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 THE WHITE HOUSE WASHINGTON February 27, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS ase SUBJECT: Takeover by Texaco of Getty Oil and Finder's Fee to Grant MacDonald By memorandum dated February 6, 1984, we referred this entire matter to FTC General Counsel John H. Carley, noting that we had no further interest in the matter. We so advised Mr. MacDonald, by letter dated February 6, 1984. Accordingly, we should not reply to MacDonald, but simply refer the latest incoming to John Carley. Attachment THE WHITE HOUSE WASHINGTON February 27, 1984 MEMORANDUM FOR JOHN H. CARLEY GENERAL COUNSEL FEDERAL TRADE COMMISSION FROM: FRED F. FIELDING Orig. signed by. FFE COUNSEL TO THE PRESIDENT SUBJECT: Takeover by Texaco of Getty Oil and Finder's Fee to Grant MacDonald By memorandum dated February 6, 1984, this office referred to you correspondence from Mr. MacDonald, in which Mr. MacDonald claimed he was entitled to a finders fee in connection with the Getty-Texaco merger. Attached is additional correspondence received from Mr. MacDonald on this same subject. Many thanks. FFF:JGR:aea 2/27/84 CC: FFFielding/JGRoberts/Subj/Chron WITHDRAWAL SHEET Ronald Reagan Library Collection Name Withdrawer ROBERTS, JOHN: FILES MJD 8/6/2005 File Folder FOIA JGR/PRO BONO (3 OF 18) F05-139/01 COOK Box Number 44 12MJD DOC Document Type No of Doc Date Restric- NO Document Description pages tions 1 LETTER 1 2/16/1984 B6 740 GRANT MACDONALD TO FRED FIELDING RE LEGAL MATTER Freedom of Information Act - [5 U.S.C. 552(b)] B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] E.O. 13233 C. Closed in accordance with restrictions contained in donor's deed of gift. WITHDRAWAL SHEET Ronald Reagan Library Collection Name Withdrawer ROBERTS, JOHN: FILES MJD 8/6/2005 File Folder FOIA JGR/PRO BONO (3 OF 18) F05-139/01 COOK Box Number 44 12MJD DOC Document Type No of Doc Date Restric- NO Document Description pages tions 2 LETTER 1 8/16/1977 B6 741 HESSLER, STRAMER & ELSER TO GRANT MACDONALD RE CIVIL CASE Freedom of Information Act - [5 U.S.C. 552(b)] B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] E.O. 13233 C. Closed in accordance with restrictions contained in donor's deed of gift. 1V, 1904 REPORT ON BUSINESS Texaco takeover may have overlooked FIRA clout By PAUL TAYLOR decided to make their But, eventually, Texaco should be able Beaubien Inc. bartels of crude oil and almost three years to ever. $10-billion (U.S) take- In particular, Texaco will have to the level of Canadian When the top execu- to reach some sort of Getty's Canadian 30 million cubic feet of over bid for Getty Oll get FIRA appoval and "there are not many tives of Texaco Inc. of seek the approval of ownership in Texaco agreement with Otta- assets are small when natural gas a day from another few months to White Plains, N.Y., Co. of Los Angeles, Canadian companies or the federal Cabinet and Canada. "Téxaco has wa. There is, however, measured against the properties in Alberta, complete the merger. Investors that can af- they probably were not the Foreign Investment a risk that the takeover total size of the corpo- British Columbia and always kept a tight rein concerned about what Saskatchewan, At the time it ob- ford or are willing to Review Agency be- over its subsidiaries. could be delayed by the ration. Getty's Cana- the Canadian Govern- need to obtain FIRA's Ironically, Getty tained FIRA's permis- pay top dollar for oil cause some of Getty's dian holdings include So it would be very ment might think of the oil and gas assets are approval. 100 per cent of Cana- only recently complet- sion for the takeover, and oil gas properties unlike Texaco to agree deal. "And if this deal is dian Reserve OIL and ed the process of taking Getty promised It at this time," said in Canada. In the past, to give up some of its As one Texaco spoke- would spend a specific Peter Carpenter, an FIRA has insisted control over Texaco held up, It would repre- Gas Ltd., a Calgary- over Canadian Re- man put it: "We really sent a classic case of serve. It obtained the amount on exploration analyst with McLean there must be some Canada," said Mr. based oil and gas haven't had time to benefit to Canada be- company that is worth company in 1980 when and development in McCarthy and Co. Ltd. Carpenter. the tail wagging the examine all the ramifi- fore approving a take- dog," said Denis Mote, between $600-million it bought control of the Canada over an extend- of Toronto. As a result, Texaco itself said it cations of our offer. an analyst with the and $1-billion U.S. parent, Reserve ed period of time. It Texaco could have a over by foreign Inter- has not yet decided Everything has hap- The company pro- Oil and Gas Co. of also promised to sell hard time finding a ests. Montreal-based Invest- what It is going to do. half of the subsidiary to buyer for Canadian pened so fast.' Observers believe ment firm of Levesque duces As a Texaco spokeman about 12,000 Denver. But it tbok Canadian investors Reserve, explained: "It's much within five years. As well, Texaco to early for us to have might be extremely Texaco will. have to reached any deci- reluctant to Increase sions." follow through with these commitments if it is successful in its bid for Getty Oil: There is a-good chance It will have to meet additional Canadianization commitments. Analysts said Texaco has 'several options. For Instance: Texaco could try to sidestep potential problems with FIRA by selling Canadian Re- serve to a Canadian company or group of Investors. It might try to sell Canadian Reserve to Getty Postpones Reserve Oil Acquisition So It Can Review Firm's Business Affairs By WALLSTMEET JOURNAL Sloff Repurser Denison dropping its bid, which it did in re- LOS ANGELES- A last-minute hitch has turn for a $10 million payment in consider- developed in the proposed SEZO million ac- ation of the termination. Reserve holders quisition of Reserve Oil & Gas Co. by Getty approved the Getty acquisition Dec. 26. 5. Major Contingency or Exposure The transaction, proposed in October. "I would think that something pretty se was supposed to be completed next Tuesday. rious has developed, maybe some sort of But Getty issued a brief statement in which major contingency or exposure, for Getty 10 both companies said the closing was tenta- take this action at this time," said one oil- tively rescheduled for Jan. 23. pending com- industry analyst. pletion of a Getty revie- Reserve's busi- "Everyone on Wall Street thought this ness affairs. was a done deal." added an investment Neither company would elaborate, al- banker. "But what often happens in a situa- though Getty issued a second statement at tion like this that in the continual evalua- the request of the New York Stock- Ex- tion of properties and reserves one compa- change. In the second release, Getty said it ny's engineers come across some figures sought the delay under terms of the acquisi- that they disagree with, and the evaluation tion agreement and that Reserve. based in time is stretched out: 49 Denver, had consented. Another analyst who follows the compa- Various Speculations nies said he always thought Getty's offering Sources close to the situation indicated price was overly generous. "But If some- that Reserve was surprised by the Getty re- thing really serious is happening. the fact quest and that, at least initially, Reserve that there was another bidder puts a floor didn't know the reasons behind IL "As it's on how much the price could drop, 50 the only an eight-day delay. It could be that holders wouldn't be hurt very much." he FORTUNE June 16, 1980 Getty or its advisers have been slowed in said. getting all the paper work done, or it could Getty recently snapped up Denver's Re- be more serious," said ODS New York in- serve Oil & Gas for $62 million vestment banker. Although most financial analysts who fol- NEW low one or both of the companies believe the acquisition will go through, they offered var- FEB. 8, 1980 - NEW CHAIRMAN: ious possible reasons for the delay. Both Paul E. Carlton has been appointed chairman Getty and Reserve spokesmen declined 10 and chief executive officer and a director of comment on any speculation that the acqui- the company. He succeeds John R. McMillan sition mightn't be completed that Getty had as chairman and Paul D. Meadows as chief exec- found something disturbing or questionable utive officer. in its initial review o! Reserve's affairs. Getty made its acquisition bid only after BOARD CHANGE: Reserve had definitively agreed to be ac- John R McMillan, Paul D. Meadows and Cort- quired by Denison Mines Ltd. of Toronto. Endt S. Dictler have resigned 25 directors. That transaction was valued at about 5525 Ron W. Blair and Joe R. Dundas have been million $103 million less than the subsequent appointed to the board. Getty bid. Getty's offer was conditioned on PARENT MERGED: Effective Jan 23, 1980, the parent company, Reserve OR and Gas Company has reportedly been merged into Getty Oil Co. As a result of the merger, Getty Oil is now reported 10 hold approximately B6% of Canadian Reserve which will continue as an independent GLOBE AND MAIL, JULY 30. 1983 Canadian public company. Canadian Reserve merger gets minority approval Minority sharehold- Canadian Reserve is Reserve's amalgamation approved ers of Canadian Re- As reported, minori- about 86 per cent serve Oil and Gas Ltd. ty Canadian Reserve owned by Getty Oil. Minority shareholders of Canadian Re- of Calgary, at a special holders will receive The company creat- serve Oil and Gas Ltd. approved the previ- meeting, approved the from Getty Oil $26 for ed by the amalgama- ously proposed amalgamation with Getty previously proposed each share held for a Oil (Canada) Ltd., a unit of Getty Oil Co. of amalgamation with total of about $40-mil- tion will retain the Los Angeles. Page B2 Getty Oil (Canada) lion. name Canadian Re- Ltd., a unit of Getty Oil serve Oil and Gas Ltd. Co. of Los Angeles. THE WHITE HOUSE John WASHINGTON March 19, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS SUBJECT: Enrolled Bill S. 47 -- Shipping Act of 1984 Richard Darman has asked for comments by noon today on the above-referenced enrolled bill. This major legislation is the product of the Administration's effort to reform regu- lation of the merchant marine. The bill would increase the authority of the shipping conferences, which set prices and allocate routes and cargoes. The bill would clarify and expand the antitrust immunity enjoyed by the conferences, and expedite review of conference schedules by the Federal Maritime Commission (FMC). Filed schedules will go into effect within 45 days unless blocked by the FMC because they contain specified illegal provisions, such as boycotts. The FMC may sue to block a conference agreement as anticompeti- tive, but must prove that the effect of the reduction in competition will be an unreasonable reduction in service or increase in cost. Among the other provisions in the bill of particular interest, section 9 empowers the FMC to suspend tariffs filed by shippers on the ground that they are unjust and unreasonable. Any such order suspending tariffs is to be sent to the President, who has ten days to demand a stay of the order for reasons of national defense or foreign policy, which reasons must be specified. During the stay, the President is to attempt to resolve the matter through negotiations. The contemplated procedure is not unlike Presidential review of CAB orders, and we will want to consider establishing internal procedures for review of FMC orders similar to those in effect for review of CAB orders. If you agree, I will contact the FMC to discuss the matter. Section 18 of the bill would establish, in 51/2 years, an Advisory Commission on Conferences in Ocean Shipping, to review progress under the Act. The Advisory Commission would be composed of a cabinet level officer appointed by the President, 8 members from the private sector appointed by the President, 4 members from the Senate appointed by the President pro tempore, and 4 members from the House appointed by the Speaker. Although the Advisory Commission will have the power to issue subpoenas, its responsibilities are limited to conducting a study and making recommendations. -2- This mitigates any Appointments Clause problems, and OMB reports that Justice has no objections. Private sector members of the Advisory Commission are exempted from 18 U.S.C. § 208, which underscores the purely advisory nature of the commission. Transportation has submitted a draft signing statement, praising the bill for removing regulatory burdens and bringing United States shipping practices more in line with those prevailing in the rest of the world. The statement also thanks the members of the pertinent Congressional committees, the broad coalition of supporters from the shipping industry, Drew Lewis and Elizabeth Dole, FMC Chairman Punch Green, and Maritime Administrator Hal Shear. There has been some publicity recently concerning Shear's receipt of a severance payment when he entered government service. Larry Garrett advises me that he, OGE, and Trans- portation have all reviewed the matter and determined that there was no impropriety. Under the circumstances, I have no objections to including Shear in the list of people responsible for the successful passage of this broad legis- lative package. All affected agencies either recommend approval or have no objection. I have reviewed the memorandum for the President submitted by David Stockman, the bill itself, and the draft signing statement, and have no objections. Attachment