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    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: Chron File (03/15/1983-03/24/1983)\nBox: 59\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nIGP\n8/3/2005\nFile Folder\nCHRON FILE (03/15/1983 - 03/24/1983)\nFOIA\nF05-139/01\nBox Number\nCOOK\n7IGP\nDOC\nDoc Type\nDocument Description\nNo of Doc Date Restrictions\nNO\nPages\nCOPY Reagan Presidential Record\n1 MEMO\nROBERTS TO FIELDING RE JUDGEMENT\n1 3/24/1983 B6\n436\nAGAINST WHITE HOUSE EMPLOYEE\n(PARTIAL)\n2 LETTER\nJUDGEMENT AGAINST WHITE HOUSE\n1 3/24/1983 B6\n437\nEMPLOYEE (PARTIAL)\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified Information [(b)(1) of the FOIA]\nB-2 Release would disclose Internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted Invasion of personal privacy [(b)(8) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-6 Release would disclose information concerning the regulation of financial Institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical Information concerning wells [(b)(9) of the FOIA]\nE.O. 13233\nC. Closed in accordance with restrictions contained In donor's deed of gift.\nTHE WHITE HOUSE\nWABHINGTON\nMarch 15, 1983\nDear Mr. Greene:\nSenator Laxalt has advised the White House of your gracious\nproposal to paint portraits of the President and Mrs. Reagan\non terms, by your description, of \"speculation.\"\nSenator Laxalt has advised us that in his opinion your\nportraits would be outstanding. The President and Mrs.\nReagan, however, receive numerous requests to sit for\nportraits. For reasons I am certain you can appreciate, it\nhas been necessary for them to adopt the policy of declining\nsuch requests. Out of fairness, it is necessary to adhere\nto this policy in responding to your proposal. Please be\nassured that this is in no way a reflection on your work.\nThank you for your generous proposal. I trust you will\nunderstand the reasons it cannot be accepted.\nSincerely,\nFred F. Fielding\nCounsel to the President\nMr. Daniel E. Greene\nDaniel Greene, N.A.\nRoute 116\nNorth Salem, New York 10560\nFFF: JGR:aw 3/15/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nDee Feb. 23 Chron\nTHE WHITE HOUSE\nMarch 15, 1983\nDear Paul:\nMike Deaver forwarded your inquiry concerning the artist\nDaniel Greene to me. As you might imagine, the Reagans\nreceive numerous requests to sit for portraits on specula-\ntion. As a result, they have had to adopt a policy of\ndeclining all such requests, even when they come from such a\ndistinguished artist as Mr. Greene.\nI have written to Mr. Greene advising him of this policy,\nand am enclosing a copy of that letter for your information.\nSincerely,\nFred F. Fielding\nCounsel to the President\nThe Honorable Paul Laxalt\nUnited States Senate\nWashington, D.C. 20510\nEnclosure\nFFF:JGR:aw 3/15/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 15, 1983\nMEMORANDUM FOR MICHAEL K. DEAVER\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nLetter from Senator Laxalt Concerning\nPortrait Artist Daniel Greene\nYou forwarded the above-referenced letter to this office,\nfor our direct reply on behalf of Senator Laxalt. I attach\nfor your information copies of our replies to Mr. Greene and\nto Senator Laxalt.\nAttachments\nFFF:JGR:aw 3/15/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 15, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nask\nSUBJECT:\nDraft Presidential Message\nRe: Crime Legislation\nRichard Darman has submitted the draft Presidential Message\non Crime for final clearance, requesting comments by 6:00\np.m. tonight. The draft is not substantially changed from\nthe version circulated on March 1. The three changes\nsuggested in your memorandum of March 3 (attached) have been\nadopted, but a line was inadvertently dropped in making the\nsecond suggested change. In light of the short deadline, I\nhave called Darman's office and alerted them to this problem.\nThe attached proposed memorandum will confirm that\nconversation.\nAttachment\nTHE WHITE HOUSE\nWAEHINGTON\nMarch 15, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nDraft Presidential Message\nRe: Crime Legislation\nCounsel's Office has reviewed the new draft of the above-\nreferenced Presidential Message. In making a change sug-\ngested in my memorandum of March 3 on an earlier draft, a\nline was apparently inadvertently dropped. The last sentence\nof the third paragraph on page two should read: \"It is\nunfortunate that S. 2572 was not enacted during the last\nCongress, but I look forward to working with the 98th\nCongress to secure, at long last, passage of critically\nneeded substantive criminal law reform.\"\nFFF:JGR:aw 3/15/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 16, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nesd\nSUBJECT:\nDraft Presidential Statement:\nCrime Control Legislation\nRichard Darman has requested comments to be sent directly to\nAram Bakshian by 11:00 this morning on a proposed Presidential\nstatement on the Comprehensive Crime Control Act of 1983.\nThe statement cites previous Administration efforts -- such\nas the task force initiative -- notes increasing successes\nin the war on crime, and reviews some of the highlights of\nthe crime package. I see no legal objections to the\nstatement. The sentence on the exclusionary rule is awkward,\nhowever, since it is phrased in terms of the rule being\n\"barred,\" when that phrasing is usually used with respect to\nthe evidence. I also think it more forceful to state the\nproposal affirmatively, as letting the evidence in, rather\nthan \"barring\" the rule. I suggest substituting the following\nfor the sentence beginning on page 2, line 14: \"Evidence of\na crime would be admissible when the officer seizing it\nacted in a reasonable, good faith belief that his action was\nlawful.'\nAttachment\nTHE WHITE HOUSE\nMarch 16, 1983\nMEMORANDUM FOR ARAM BAKSHIAN\nDEPUTY ASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nDraft Presidential Statement:\nCrime Control Legislation\nCounsel's Office has reviewed the above-referenced draft\nPresidential statement. In our view the exclusionary rule\nproposal should be stated more affirmatively. We suggest\nthat the following be substituted for the sentence beginning\non page 2, line 14: \"Evidence of a crime would be admissible\nwhen the officer seizing it acted in a reasonable, good\nfaith belief that his action was lawful.\" We also assume\nthat \"socking\" on page 1 is meant to be \"locking.\"\nCC: Richard G. Darman\nFFF:JGR:aw 3/16/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 17, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nLaw Day Proclamation\nI have edited the draft Law Day Proclamation submitted by\nthe ABA, and with your approval will send the new version to\nOMB for clearance. The most significant change between what\nthe ABA submitted and what I would like to see go forward is\ndeletion of the ABA's analogy between a citizen's interest\nin justice and a shareholder's interest in a corporation.\nThe corporate imagery struck me as impolitic. I have\nattached the original ABA version, should you wish to\nscrutinize the changes more closely.\nAttachment\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 17, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nesk\nSUBJECT:\nDraft Presidential Decision Memorandum\nRe: Commission on U.S. Trade Policy\nRichard Darman has requested comments by close of business\nMarch 17 on the above-referenced draft decision memorandum,\nprepared by USTR William E. Brock. The memorandum recommends\nthe establishment of a \"blue-ribbon Presidential Commission\nwith membership drawn from industry, labor, agriculture, and\nacademia\" to analyze trade policy problems and recommend an\nappropriate trade policy for the 1980's. Brock states in\nhis memorandum that such an initiative is needed to respond\nto growing protectionist sentiments both here and among our\ntrading partners, and to review the possibly out-moded and\ninadequate GATT process. Brock specifically notes that the\nproposed Commission would have a long-term perspective and\nwould not address organization of Executive Branch trade\noffices. The proposal calls for a Commission of up to\ntwenty-five members (and includes a list of candidates) and\na staff under the direction of retiring deputy USTR David R.\nMacdonald.\nI see no legal objections to the decision memorandum, but we\nshould take this opportunity to remind those involved of\nsome of the legal requirements that would accompany a\ndecision to establish a Commission as recommended by Brock.\nThe Commission would be subject to the Federal Advisory\nCommittee Act (FACA), 5 U.S.C. App. I § 3 (2) (B), and accord-\ningly must be established by executive order and operate\nunder a charter, id. § 9 (a) (1), (c). Its meetings must also\nbe conducted in compliance with FACA, id. § 10.\nThe other question of particular concern to this office is\nthe applicability of conflict of interest laws. Based on\ndescriptions in the Brock memorandum, it appears that the\nmembers of the Commission would be Special Government\nEmployees. Although the members are to be \"drawn from\"\nindustry, labor, agriculture, and academia, the memorandum\ndoes not suggest that they are to represent the interests of\ntheir respective segments of the economy in such a fashion\n-2-\nthat they could be considered not to be government employees\nat all. The members of the Commission would thus be subject\nto 18 U.S.C. § 208, which prohibits participation in any\nmatter the outcome of which will have a direct and predict-\nable effect on financial interests covered by the section.\nThe list of possible members contains many individuals with\nfinancial interests in international trade. The mandate of\nthe Commission, however, concerns such broad policy issues\nthat I do not think there will be any inherent section 208\nproblems. At this stage we should alert those concerned to\nthe SGE status of Commission members and the need for\nconsideration of conflicts questions once the Commission\ncharter and list of proposed members become more definite.\nTHE WHITE HOUSE\nWABHIMGTON\nMarch 17, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nDraft Presidential Decision Memorandum\nRe: Commission on U.S. Trade Policy\nCounsel's Office has reviewed the above-referenced draft\ndecision memorandum, and finds no objection to it from a\nlegal perspective.\nA commission of the sort proposed in the decision memorandum\nwould be subject to the Federal Advisory Committee Act, 5\nU.S.C. App. I, and accordingly must be established by\nexecutive order, operate pursuant to a charter, and\notherwise conduct its business in compliance with the\nrequirements of the Act. Members of the commission would in\nall likelihood be considered Special Government Employees,\nand it will be necessary to address potential conflict of\ninterest questions once the mandate of the commission and\nthe list of proposed members become more definite.\nFFF:JGR:aw 3/17/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 18, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nAppropriations Authorization Proposals\nfrom Department of Justice\nRobert McConnell is seeking OMB clearance of two legislative\nproposals relating to the Department of Justice appropria-\ntions authorization process. The first proposal would\ncodify much of the language typically contained in DOJ's\nannual appropriations authorizations, thereby taking most of\nthe Department's authorities out of the annual funding\nprocess.\nThis approach is being proposed because Congress has failed\nto pass the 1981, 1982, and 1983 authorization bills,\ncreating uncertainty (though largely theoretical) concerning\nthe authority of the Department. The second proposal\ncontains the required annual funding level authorization\nrequest for FY 1984.\nNew, potentially controversial aspects of the permanent\nauthorization bill, not included in DOJ's FY 1983 authoriza-\ntion request, include provisions which would:\nO authorize the Deputy Attorney General as well as the\nAttorney General to authorize expenditures for col-\nlection of information and evidence of a confidential\nnature.\nauthorize FBI, DEA, and Marshals Service agents to\nattend competitive firearms matches, to improve their\nskill and morale.\nchange the requirement that the FBI Director and the\nAttorney General simultaneously approve undercover\noperations to a requirement that the Director approve\nand promptly notify the Attorney General or his\ndesignee.\nO give DEA the same exceptions from general re-\nstrictions on use of government funds that the FBI\nenjoys, for undercover operations.\n-2-\no authorize INS to use funds to purchase evidence and\npay for information, and accept gifts and voluntary\nservices.\nI see no objection to the proposals, although I suspect\nCongress will not be particularly anxious to yield any part\nof its power to control, on an annual basis, the Department's\nauthorization.\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 18, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nFood Fair Proposal for Williamsburg Summit\nAt a meeting held March 9 in the Roosevelt Room, Michael\nDeaver described to assembled food and drink trade association\nrepresentatives (see attached list) a proposal whereby the\nassociations would establish and operate food and drink\nbooths to provide free sustenance to reporters covering the\nEconomic Summit. The Office of Legal Counsel was looking\ninto the proposal at our request, and has now advised that\nit sees no legal impediments. OLC suggests, however, that\nthe proposal move forward under the auspices of the State\nDepartment and/or USIA, to minify any possible conflicts\nproblems, and because those agencies have gift acceptance\nauthority. In particular, OLC recommends that meetings take\nplace at State or USIA offices, and that direct contact with\ntrade association representatives in implementing the\nproposal be through State or USIA officials.\nMichael McManus is coordinating preparations for the Summit,\nand was described at the March 9 meeting as the individual\nto whom trade association representatives should convey\ntheir interests in pursuing the proposal. I have prepared a\nmemorandum from you to McManus, advising that if the\nproject moves forward it should be under the auspices of the\nState Department and/or USIA -- not the White House. I have\nread the proposed memorandum to Robert Shanks, Deputy\nAssistant Attorney General at OLC, and he concurs.\nAttachment\nTHE WHITE HOUSE\nWAEHINGTON\nMarch 18, 1983\nMEMORANDUM FOR MICHAEL A. MCMANUS\nDEPUTY ASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nFood Fair Proposal for Williamsburg Summit\nCounsel's Office and the Office of Legal Counsel at the\nDepartment of Justice have considered the proposal that food\nand beverage trade associations establish and operate booths\nto provide free food and drink to reporters covering the\nupcoming Economic Summit. While we see no legal impediments\nto the proposal, it should move forward under the auspices\nof the State Department and/or the United States Information\nAgency, not the White House. This will avoid involving the\nWhite House in any potential appearance of conflict of\ninterest situations. In particular, any future meetings on\nthe proposal should take place in State Department or USIA\noffices, and any necessary contact with trade association\nrepresentatives to implement the proposal should be through\nState Department or USIA officials.\nPlease do not hesitate to contact us if you have any\nquestions.\nFFF:JGR:aw 3/18/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nnot see sent entrised 3/22\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nMEMORANDUM FOR MICHAEL A. MCMANUS\nDEPUTY ASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nFood Fair Proposal for Williamsburg Summit\nCounsel's Office and the Office of Legal Counsel at the\nDepartment of Justice have considered the proposal that food\nand beverage trade associations establish and operate booths\nto provide free food and drink to reporters covering the\nupcoming Economic Summit. While we see no legal impediments\nto the proposal, it should move forward under the auspices\nof the State Department and/or the United States Information\nAgency, not the White House. This will avoid involving the\nWhite House in any potential appearance of conflict of\ninterest situations. In particular, any future meetings on\nthe proposal should take place in State Department or USIA\noffices, and any necessary contact with trade association\nrepresentatives to implement the proposal should be through\nState Department or USIA officials. In light of your White\nHouse position, you should not continue as the contact with\nthe trade association representatives.\nPlease do not hesitate to contact us if you have any\nquestions.\nFFF: JGR:aw 3/22/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nFurther Correspondence From\nLinwood M. Simon and Gloria Gaynor\nOn January 28 songwriter Linwood M. Simon and vocalist\nGloria Gaynor wrote the President, seeking his support for\npromotion of their new recording, \"America.\" Simon and\nGaynor consider the song patriotic and thought the President\nwould want to support promotion of their song as part of a\ncampaign to rekindle patriotism. You responded by noting\nthat the President could not endorse their song or become\ninvolved in a promotional campaign, because of its obvious\ncommercial aspects. Simon and Gaynor have now responded\nthat they would never seek to compromise the President.\nThey note that Ms. Gaynor performed at a concert in 1979 at\nConstitution Hall, with the proceeds going to Mrs. Carter's\n\"Save the Children\" campaign, and that proceeds from any\nWhite House sponsored activity in connection with their\npatriotic campaign could go to a similar worthy charity.\nThe exact role of the White House contemplated by Simon and\nGaynor is not clear from their letter. I recommend simply\nreiterating our earlier advice that the President cannot\nbecome involved in a promotional campaign connected to their\nsong, and advising Simon and Gaynor that if they are\ninterested in performing at the White House, or for a White\nHouse activity, they should contact Fred Ryan of the\nScheduling Office.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nDear Mr. Simon and Ms. Gaynor:\nThank you for your further correspondence on the subject of\npossible White House involvement in your efforts to increase\npatriotic awareness. In your letter you acknowledged the\nproblems attendant upon Presidential endorsements of any\ncommercial product or enterprise, and indicated that the\nproceeds of any White House sponsored activity could go to a\nworthy charity.\nAs I advised in my letter of February 7, the White House\ncannot become involved in any-way in a promotional campaign\ncentered on your song \"America.\" This policy is applicable\nregardless of any donations to charity made in connection\nwith record sales or concert proceeds.\nYou referred in your most recent letter to a 1979 benefit\nconcert at which Ms. Gaynor performed. Performance at such\nbenefit concerts does not violate the policy referred to\nabove, since the concerts do not involve the White House in\nthe promotion or endorsement of a commercial product or\nenterprise. If you are interested in participating in such\nan event, I recommend that you contact Fred Ryan of the\nWhite House Scheduling Office.\nSincerely,\nFred F. Fielding\nCounsel to the President\nMr. Linwood M. Simon and\nMs. Gloria Gaynor\nAmerican World-Wide Sounds\nP.O. Box 374\nFairview, New Jersey 07022\nFFF:JGR:aw 3/22/83\nCC: FFFielding/JGRoberts/Subj./Chron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nDear Mr. Russell:\nThank you for your recent letter requesting permission to\nissue invitations to the 1984 Annual Meeting of the\nPresident's Committee on Employment of the Handicapped in\nthe name of the President. In that letter you noted that\nuse of the President's name on the invitation would have\npositive effects on volunteers active in the area and\ndisabled citizens generally.\nI regret that we cannot grant the permission you seek. In\nlight of the significant number of Presidential committees,\ncommissions, and task forces, it is not possible to\nauthorize any one group to take action in the President's\nname -- including issuing invitations -- without real risk\nof a broad expansion of the practice in a manner that would\ncreate the possibility of abuse and ultimately demean the\nOffice of the Presidency by overuse.\nLet me assure you that the policy which has been adopted is\nbeing uniformly applied, and, as I hope and believe you\nknow, in no way represents a change in the commitment of the\nPresident to the work of the Committee on Employment of the\nHandicapped or to the concerns of the handicapped community.\nThank you for writing. I am sorry that we cannot grant the\npermission you seek, but I am confident that your next\nAnnual Meeting will be another success.\nSincerely,\nFred F. Fielding\nCounsel to the President\nMr. Harold Russell\nChairman\nPresident's Committee on\nEmployment of the Handicapped\nWashington, D.C. 20210\nFFF:JGR:aw 3/22/83\nCC: FFFielding/JGRoberts/Subj./Chron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nMEMORANDUM FOR DIANNA G. HOLLAND\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nPatrick V. Hannon Proposal\nMr. Hannon has written Mr. Fielding, reiterating a request\nthat the President endorse his proposal to erect a monument\nto American Presidents of Irish ancestry, to be built in\nPresident Reagan's ancestral village of Ballyporeen. I\nreturned Mr. Hannon's calls in connection with this matter\non March 18, and advised him that the President could not\nendorse his project or become involved with it in any way.\nMr. Hannon, an enthusiastic supporter of the President,\naccepted this conclusion and the wisdom of the policy\nunderlying it. I do not think any further response is\nnecessary.\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nDear Mr. Armitage:\nWith regard to your prospective appointment\nas Assistant Secretary of Defense, it will\nbe necessary for you to complete the enclosed\nPersonal Data Statement and Financial Dis-\nclosure Report. Please return these forms\nto me at your earliest convenience.\nWith best wishes,\nSincerely,\nJohn G. Roberts\nAssociate Counsel\nto the President\nMr. Richard Lee Armitage\n9113 Glenbrook Road\nFairfax, Virginia\n22031\nEnclosures\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nDear Mr. Domencich:\nWith regard to your prospective appointment\nto the Interstate Commerce Commission, it\nwill be necessary for you to complete the\nenclosed Personal Data Statement and Financial\nDisclosure Report. Please return these forms\nto me at your earliest convenience.\nWith best wishes,\nSincerely,\nJohn G. Roberts\nAssociate Counsel\nto the President\nMr. Thomas A. Domencich\n139 Main Street\nMontpelier, Vermont\n05602\nEnclosures\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\n&\nSUBJECT:\nDraft Proclamation Designating April 14,\n1983 as Pan American Day, and the Week\nBeginning April 10, 1983 as Pan American Week\nDodie Livingston has requested comments by close of business\nMarch 25 on the above-referenced draft proclamation.\nAlthough not requested by Congress, such a proclamation is\ntraditional. The draft proclamation, prepared by the State\nDepartment and approved by OMB, lauds the role of the\nOrganization of American States in promoting the shared\nvalues and interests of the states of the Western Hemis-\nphere. I have reviewed the draft proclamation and see no\nlegal objection.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 22, 1983\nMEMORANDUM FOR DODIE LIVINGSTON\nFROM:\nFRED F. FIELDING\nSUBJECT:\nDraft Proclamation Designating April 14,\n1983 as Pan American Day, and the Week\nBeginning April 10, 1983 as Pan American Week\nCounsel's Office has reviewed the above-referenced draft\nproclamation, and finds no objection to it from a legal\nperspective.\nFFF:JGR:aw 3/22/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nDonation of Ten Percent of Contributions\nto May 12 Senate-House Dinner to James\nS. Brady Presidential Foundation\nLast Friday, March 18, we were asked to review draft Presi-\ndential remarks to the Republican Leadership Council. Those\nremarks contained a statement that ten percent of the\ncontributions to the May 12 Senate-House Republican dinner\nwould go to the James S. Brady Presidential Foundation. I\nchecked with Peter Wallison on this proposal, and he advised\nthat the scheme would subject the funds going to the Founda-\ntion to a 46 percent tax, payable by the Committee holding\nthe dinner, under 26 U.S.C. § 527 (copy attached). That\nprovision imposes a tax on non-exempt function political\norganization income, defined as income to the political\norganization not used for political purposes. In light of\nWallison's concern, and the short turn-around time for\nreviewing the draft remarks (four hours), I advised the\nSpeechwriter's Office, with RAH's concurrence, to delete the\nreference to the ten percent scheme. They did so, retaining\nthe unobjectionable statement that the dinner would honor\nMr. Brady.\nI have now called Larry Halloran, counsel to the committee\nholding the May 12 dinner, to alert him to the concern\nraised by Wallison. Halloran was familiar with 26 U.S.C.\n§ 527, and indicated that it would be considered in planning\nthe dinner. There is no need for any further action on our\npart, but I wanted to advise you of what had transpired.\nTHE WHITE HOUSE\nWASHINGTON\nMarch 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\ngroe\nSUBJECT:\nPresidential Seal Request\nof Miss Terry Lynn Green\nTerry Lynn Green is planning to participate in the Essex\nCounty Scholarship Pageant, an opening round event on the\nroad to the Miss America Pageant itself. For the \"talent\"\nportion of the contest she contemplates delivering an\noration entitled \"The First Woman President of the United\nStates\" (she encloses a draft) and would like to use the\nPresidential Seal on the podium during her oration. Such\nuse is not permitted by the regulations, unless you were to\nconsider Miss Green's use one for an \"exceptional historical,\neducational, or newsworthy purpose.\" Assuming that is not\nthe case, I have drafted a letter to Miss Green denying her\nrequest, with copies of the pertinent statute and executive\norder. Presumably we can reconsider should Miss Green make\nit all the way to Atlantic City.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 23, 1983\nDear Miss Green:\nThank you for your recent letter requesting permission to\nuse the Seal of the President in connection with your\nparticipation in the Essex County Scholarship Pageant. The\npermitted uses of the Seal of the President are limited by\nstatute and executive order. I have attached a copy of the\npertinent provisions for your information.\nYour contemplated use of the Seal in connection with the\nScholarship Pageant does not fall within any of the uses of\nthe Seal authorized by law. Accordingly, I am unable to\ngrant your request. I trust you will understand that this\ndetermination is in no way a reflection on the oration you\nplan to deliver.\nBest of luck at the pageant,\nSincerely,\nFred F. Fielding\nCounsel to the President\nMiss Terry Lynn Green\n191 North 16th Street\nEast Orange, New Jersey\n07017\nAttachments\nFFF:JGR:aw 3/23/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nRequest for Presidential Message\nFrom Ray Scherer, RCA\nThe RCA Space Center is planning a celebration to commemorate\nits twenty-fifth anniversary on March 28, and Ray Scherer,\nRCA Vice President, has asked William F. Sittmann if President\nReagan might send a congratulatory letter to the RCA Chairman\nand the General Manager of RCA Astro-Electronics. Mr.\nScherer thought such a message would be in keeping with the\nPresident's recent tributes to high-technology industry.\nThe \"Guidelines for Special Presidential Messages\" circulated\nAugust 20, 1982, provide that events sponsored by a profit-\nmaking organization generally do not qualify for messages.\nI see no reason to depart from this policy in this case, and\nhave drafted a memorandum to Sittman for your signature,\nreminding him of the established policy.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 23, 1983\nMEMORANDUM FOR WILLIAM F. SITTMAN\nFROM:\nFRED F. FIELDING\nSUBJECT:\nRequest for President Message\nFrom Ray Scherer, RCA\nYou have asked for our comments on the request from Ray\nScherer for a Presidential message commemorating the twenty-\nfifth anniversary of the RCA Space Center. The \"Guidelines\nfor Special Presidential Messages,\" circulated on August\n20, 1982, provide that messages over the President's sig-\nnature will be issued only for enumerated events and\noccasions. The event described in Mr. Scherer's letter does\nnot fall within any of the accepted categories. In\naddition, the Guidelines provide that events sponsored by a\nprofit-making organization generally do not qualify for\nPresidential messages. We see no reason to depart from\nestablished policy in this instance, and the request from\nMr. Scherer should accordingly be denied. I have attached a\ncopy of the Guidelines for your information and reference.\nAttachment\nFFF:JGR:aw 3/23/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 23, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTSOM\nSUBJECT:\nEnrolled Resolution S.J. Res. 35 --\nNational Mental Health Counselors Week\nRichard Darman has requested comments by 1:00 p.m. today on\nenrolled resolution S.J. Res. 35, which designates this week\nas National Mental Health Counselors Week, and calls upon\nthe President to issue an appropriate proclamation. The\nresolution, passed by voice vote in both houses, describes\nthe training, certification, and work of mental health\ncounselors. OMB and HHS recommend approval; I see no legal\nobjections. A proclamation is being drafted, and we should\nstress that it should be available for Presidential\nsignature before expiration of the week.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 23, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Resolution S.J. Res. 35 --\nNational Mental Health Counselors Week\nCounsel's Office has reviewed the above-referenced enrolled\nresolution, and finds no objection to it from a legal\nperspective. The proclamation called for by this resolution\nshould be issued before expiration of the week it commemorates.\nFFF:JGR:aw 3/23/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nADMINISTRATIVELY SENSITIVE - not to be released\nwithout authority of the Counsel to the President\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS,\nSUBJECT:\nHoldover Status of Federal\nReserve Board Chairman\nI was asked to determine the consequences of the expiration\nof the term of the Chairman of the Federal Reserve Board,\nand in particular whether the incumbent could hold over as\nChairman until qualification of a successor. The pertinent\nstatute provides that the Chairman of the Federal Reserve\nBoard shall serve \"for a term of four years.\" 12 U.S.C.\n§ 242 (App. I 1977). Paul Volcker's term as Chairman\nexpires August 5, 1983; his term as a member of the Board\ndoes not expire until January 31, 1992.\nIn an opinion dated January 31, 1978, the Office of Legal\nCounsel considered the status of the Chairmanship of the\nFederal Reserve Board in the event the President's nominee\nwas not confirmed by the time the incumbent's term expired.\n2 O.L.C. Op. 394 (Tab A). That opinion concluded that\nthe statutory holdover provision applicable to members of\nthe Board, 12 U.S.C. § 242 (App. I 1977), did not apply to\nthe office of Chairman. The Chairman cannot hold over; his\nterm expires when the statutory period has run. The opinion\nfurther concluded that the Vice Chairman should not assume\nthe responsibilities of the Chairman upon expiration of the\nChairman's term. The statute provides that the Vice Chairman\nshall preside at Board meetings in the \"absence\" of the\nChairman, 12 U.S.C. § 244 (1976), but the opinion concluded\nthat the term \"absence\" referred to a temporary condition,\nnot a vacancy.\nThe O.L.C. opinion determined that, when a vacancy arises in\nthe office of Chairman while the President's nominee is\nawaiting Senate confirmation, the President should designate\na member of the Board to serve as Acting Chairman. This is\nin fact what President Carter did. On February 2, 1978, he\ndesignated Arthur F. Burns, the previous Chairman, to serve\nas \"Acting Chairman\" until designation of his successor.\nMr. Burns served as Acting Chairman until March 8, 1978,\nwhen G. William Miller was designated Chairman. (The need\nto have an Acting Chairman was occasioned by the fact that\nADMINISTRATIVELY SENSITIVE not to be released\nwithout authority of the Counsel to the President\n-2-\nMiller was not confirmed as a member of the Board until\nMarch 3, 1978; at the time the office of Chairman did not\nrequire separate Senate confirmation, as it now does.)\nThe option of designating an Acting Chairman, however, would\nnot seem to be available in the absence of a pending nomina-\ntion or other circumstance indicating that the designation\nwas only to cover a short-term, emergency situation. While\nthe Vacancy Act, 5 U.S.C. §§ 3345-3348 (1976), does not, by\nits terms, apply to the Federal Reserve Board, see 2 O.L.C.\nOp., at 396, there is pertinent case law to the effect that\nthe President cannot appoint \"acting\" officers in the face\nof statutes requiring Senate confirmation, in the absence of\nan emergency situation.\nThe leading case is Williams V. Phillips, 360 F. Supp. 1363\n(D.D.C.) aff'd, 482 F. 2d 669 (D.C. Cir. 1973) (Tab B).\nPresident Nixon appointed Howard Phillips Acting Director of\nthe Office of Economic Opportunity; the post of Director\nrequired Senate confirmation. The district court enjoined\nPhillips from taking any action as Acting Director of OEO,\nruling that \"in the absence of legislation [providing\nfor an acting director] or legislation vesting a temporary\npower of appointment in the President, the constitutional\nprocess of nomination and confirmation must be followed.\"\n360 F. Supp., at 1371. The Court of Appeals affirmed,\nnoting that even if the power existed \"to appoint an acting\ndirector for a reasonable period of time before submitting\nthe nomination of a new director to the Senate,\" such a\npower would not justify the situation before it, in which\nPhillips had served as Acting Director for four months with\nno nomination having been submitted to the Senate. 482\nF. 2d, at 670-671. The O.L.C. opinion specifically distin-\nguished the Phillips case on the ground that in Phillips no\nname had been submitted to the Senate, while in the case\nconsidered in that opinion a nomination was pending. 2\nO.L.C. Op., at 396 n. 5.\nAccording to the O.L.C. opinion, the Chairman of the Federal\nReserve Board cannot hold over; in the event of a vacancy,\nthe President must designate an Acting Chairman. According\nto Phillips, such an acting official can only be appointed\nfor a short period and in an \"emergency\" situation. The\ncombined effect of these authorities is that, upon expira-\ntion of Chairman Volcker's term, the President may appoint\nany member of the Board Acting Chairman (including Volcker),\nbut only if a nomination for Chairman is pending or soon to\nbe submitted.\nAttachments\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 2983\nMEMORANDUM FOR DIANNA G. HOLLAND\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nOhio River Valley Water Sanitation Commission\nI have reviewed the Personal Data Statements submitted by\nJean M. Barren and Joseph D. Cloud for appointment as\nrepresentatives of the United States on the Ohio River\nValley Water Sanitation Commission. The President is\nauthorized to appoint representatives to this Commission by\nArticle IV of the Ohio River Valley Water Sanitation Compact,\n54 Stat. 753 (1940). The Commission, composed of three\nFederal representatives and three representatives from each\nmember state, is charged with reviewing and reporting on\nwater pollution in the Ohio River Valley, and is empowered\nto issue orders against municipalities, corporations, and\nindividuals with respect to the discharge of sewage or waste\ninto the Ohio or its tributaries.\nThe Personal Data Statements for both Mrs. Barren and Mr.\nCloud are straightforward, and reveal no conflicts that\nwould preclude their appointment to the Commission.\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nCorrespondence from A.R. Ceresa,\nTrustee of the Rossmoor Liquidating\nTrust, to Michael Deaver\nA.R. Ceresa, trustee of the Rossmoor Liquidating Trust, has\nwritten Michael Deaver about litigation involving his\ncompany and the Marine Corps. According to Ceresa's letter,\nthe Marine Corps has imposed land use restrictions on\nproperty owned by Ceresa's company. Ceresa wants to develop\nthe land, but was unsuccessful in negotiating a modification\nof the restrictions and brought suit last year. On March 7,\n1983 a federal district court denied a Marine Corps motion\nfor summary judgment and set an October date for a full\nhearing. Ceresa states that he wants to avoid lengthy\nlitigation and offer a substantial settlement, but the\nMarines have rebuffed his overtures. He would like to\ndiscuss the matter with Deaver.\nIt would be inappropriate for Deaver to meet with a personal\nfriend to discuss settlement of a pending lawsuit filed by\nthat individual against the United States. I have prepared\na reply for Deaver's signature, advising Ceresa of this\nfact, and a transmittal memorandum to Deaver.\nAttachments\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR MICHAEL K. DEAVER\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nCorrespondence from A.R. Ceresa\nI attach a draft reply to A.R. Ceresa, trustee of the\nRossmoor Liquidating Trust, who has written you asking to\ndiscuss pending litigation between his company and the\nUnited States. As you know, such a discussion would be\ninappropriate, and the draft reply so advises Mr. Ceresa.\nAttachment\nFFF:JGR:aw 3/24/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nDear Al:\nThank you for your recent letter, describing the circumstances\nwhich have led to litigation between your company and the\nUnited States Marine Corps. I appreciate the spirit in\nwhich your letter was written.\nIt would, however, be inappropriate for me to discuss with\nyou matters presently the subject of litigation between your\ncompany and the United States government. I must leave the\nconduct of that litigation and any settlement negotiations\nto the attorneys handling the matter for the government. I\nam confident that you will appreciate the need for adherence\nto this policy.\nWith best wishes,\nSincerely,\nMICHAEL K. DEAVER\nAssistant to the President\nDeputy Chief of Staff\nA.R. Ceresa, Trustee\nRossmoor Liquidating Trust\nP.O. Box 5000\nLaguna Hills, California 92653\nFFF: JGR:aw 3/24/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS,\nSUBJECT:\nLetter from Congressman Gregg (R-N.H.) to\nEd Meese Concerning Foreign Films Controversy\nCongressman Judd Gregg has written Ed Meese to complain\nabout the action taken by the Department of Justice with\nrespect to the Canadian acid rain film. Gregg notes that he\nsponsored a forum last year at which the film was shown, and\nexpresses his concern that the DOJ action is a move by the\nAdministration to suppress views differing from its own.\nMeese has asked for preparation of a reply for his signa-\nture. I have drafted such a reply, drawing on the Justice\nDepartment's public pronouncements on the issue.\nAttachments\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR EDWIN MEESE III\nCOUNSELLOR TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nCorrespondence from Congressman Judd Gregg\nYou requested preparation of a reply for your signature to\nthe attached letter from Congressman Judd Gregg, concerning\nthe action taken by the Department of Justice with respect\nto the Canadian acid rain film. A proposed reply is attached.\n-\nAttachment\n-\nFFF:JGR:aw 3/24/83\n-\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nDear Congressman Gregg:\nThank you for your recent letter concerning the action taken\nby the Department of Justice with respect to the Canadian\nfilm \"Acid Rain: Requiem or Recovery.\" Let me assure you\nthat action was in no way an effort by the Administration to\nsuppress views differing from its own on the issue of acid\nrain, to censor the film, or to curtail its dissemination.\nThe Department of Justice was simply enforcing the Foreign\nAgents Registration Act as passed by Congress. Whenever an\nagent of a foreign government distributes material referred\nto in that statute as \"political propaganda,\" the law\nrequires the material to be accompanied by a label disclos-\ning the identity of the agent, the fact that the agent is\nregistered under the Foreign Agents Registration Act, and\nthe fact that such registration does not indicate approval\nof the contents of the material by the United States govern-\nment. \"Political propaganda\" is defined by the statute as\nany communication \"reasonably adapted to\ninfluence a\nrecipient\nwith reference to the political or public\ninterests, policies, or relations of a government of a\nforeign country or a foreign political party or with reference\nto the foreign policies of the United States\n\"\nThe Act\ndoes not require a listing of those who view the film. It\ndoes require the foreign agent to file a dissemination\nreport registering the name of the station, organization, or\ntheater using the film, the dates the film was shown, and\nthe estimated attendance.\nThe Foreign Agents Registration Act, which mandated the\naction taken by the Department of Justice, has been on the\nbooks for several decades. The Department has publicly\nstated that the decision that the Act applied to the acid\nrain film was made solely by career personnel who are\ncharged with enforcing the Act and have been doing so for\nmany years through many administrations. Whatever views one\n-2-\nmay have on the Act itself, I hope the foregoing description\nof its requirements and application in this instance sufficies\nto dispel your expressed concern that \"this is a move by the\nAdministration to suppress views which differ from the\nAdministration's.\"\nSincerely,\nEdwin Meese III\nCounsellor to the President\nThe Honorable Judd Gregg\nHouse of Representatives\nWashington, D.C.\n20515\nFFF:JGR:aw 3/24/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR FRED F. FIELDING\nCOPY Reagan Presidential Record\nFROM:\nJOHN G. ROBERTS:\nSUBJECT:\nCollection of Judgment Against\nWhite House Employee\nAttorney Murray Watson, Jr., of Waco, Texas has written\nJames A. Baker, III, advising him that Watson's law office\nrepresents a state agency which has obtained a judgment\nagainst a former employee \"who is now a paid employee on the\nWhitehouse [sic] staff.\" I called Watson to obtain the name\nof the individual. Watson identified the debtor as\nbb\nallegedly received state checks after\nleft\nstate job. The state asked to be reimbursed\nand\nagreed, but\nnever sent the money back. The\nstate sued and obtained a judgment, and Watson wants to know\nhow to collect without embarrassing the White House.\nI have been unable to locate any\nemployed\nby the White House. Ray Kogut, Director of the Personnel\nDivision of the Office of Administration, advises that no\nworks for the Executive Office of the Presi-\nble\ndent. Jim Rogers, Director of Personnel for the White House\nOperations Office, reports that\nworks as a\ndetailee. The Secret Service has not issued a pass of any\nsort to a\nI have prepared a letter for your signature informing Watson\nthat we have no\nb6\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nCOPY Reagan Presidential Record\nDear Mr. Watson:\nThis is written in response to your letter to James A. Baker\nIII, concerning a judgment against a former Texas state\nemployee who you assert is now a paid employee on the White\nb6\nHouse staff. You have advised this office that the indi-\nvidual in question is named\nWe have thoroughly searched White House personnel records\nand have been unable to locate a\non the b6\nrolls of any office within the Executive Office of the\nPresident. Accordingly, we are unable to offer any guidance\non collection of the debt in question.\n-\nSincerely,\nFred F. Fielding\nCounsel to the President\nMurray Watson, Jr., Esq.\n111 South 18th Street\nWaco, Texas 76701\nFFF:JGR:aw 3/24/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nEnrolled Bill S. 271 -- National\nTrails System Amendments\nRichard Darman has requested comments by noon March 25 on\nenrolled bill S. 271, which would designate three new trails\nas part of the National Trails System, designate six trails\nfor study for possible addition to the System, authorize the\nSecretary of Interior to accept donated markers for one\ntrail, and make certain amendments respecting management of\nthe Trails System. OMB, Interior, Agriculture, and TVA\nrecommend approval; Transportation, Treasury, and ICC have\nno objection. The bill passed both Houses by voice vote,\nand OMB states that it responds to Administration recom-\nmendations.\nI have reviewed the memorandum for the President from James\nM. Frey, Assistant Director of OMB for Legislative Reference,\nand the bill itself, and see no legal objections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nMarch 24, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill S. 271 -- National\nTrails System Amendments\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nFFF:JGR:aw 3/24/83\n-\nCC: FFFielding\nJGRoberts\nSubj.\nChron"
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