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Chron File (04/22/1983-04/30/1983)
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Chron File (04/22/1983-04/30/1983)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Chronological 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: Chron File (04/22/1983-04/30/1983)
Box: 60
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/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
IGP 8/30/2005
File Folder
CHRON FILE (04/22/1983 04/30/1983)
FOIA
F05-139/01
Box Number
COOK
13IGP
DOC Doc Type Document Description
No of Doc Date Restrictions
NO
Pages
1 LETTER
FROM SEELEY LODWICK TO MICHAEL
3 4/22/1983 B6
457
STEIN RE FINANCIAL INTERESTS
2 MEMO
ROBERTS TO FILE RE
1 4/22/1983 B6 B7(C) 458
COMMUNICATIONS SATELLITE
CORPORATION (PARTIAL)
3 MEMO
ROBERTS TO FILE RE FEDERAL
1 4/25/1983 B6 B7(C) 459
MARITIME COMMISSION (PARTIAL)
4 MEMO
APPOINTMENT PROCESS PERSONAL
1 4/26/1983 B6
460
INTERVIEW RECORD (PARTIAL)
:
5 MEMO
ROBERTS TO FIELDING RE FOIA
1 4/26/1983 B6
461
REQUEST (PARTIAL)
6 LETTER
FROM FIELDING RE FOIA REQUEST
1 4/26/1983 B6
462
(PARTIAL)
7 MEMO
APPOINTMENT PROCESS PERSONAL
1 4/28/1983 B6
463
INTERVIEW RECORD (PARTIAL)
COPY Reagan Presidential Record
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
April 22, 1983
MEMORANDUM FOR MICHAEL STEIN
GENERAL COUNSEL
INTERNATIONAL TRADE COMMISSION
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Seeley G. Lodwick
I attach for your information a copy of a memorandum from
the Office of the General Counsel, Federal Trade Commission,
concerning 15 U.S.C. § 41, an analogue of 19 U.S.C.
§ 1330 (c) (5). I also attach a copy of a letter from the
General Counsel of the Civil Aeronautics Board concerning,
in part, the applicability of 49 U.S.C. § 1321 (b) -- also an
analogue of 19 U.S.C. § 1330 (c) (5) -- in the context of an
FCC licensee who relinquished daily operation of his
stations but, under FCC rules, retained ultimate control of
them.
Attachments
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
IGP 8/3/2005
File Folder
FOIA
CHRON FILE (04/22/1983 - 04/30/1983)
F05-139/01
COOK
Box Number
13IGP
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
1
LETTER
3 4/22/1983 B6
457
FROM SEELEY LODWICK TO MICHAEL STEIN RE
FINANCIAL INTERESTS
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.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Draft Proclamation Designating June 14,
1983, and the Week Beginning June 12
as National Flag Day and Week, 1983
Richard Darman has requested comments by close of business
April 27 on the above-referenced proclamation. The procla-
mation, prepared by GSA and approved by OMB, is authorized
and requested by 36 U.S.C. § 157 (Flag Day), § 157a (Flag
Week), and § 157b (period between Flag Day and Independence
Day as period to honor America). The proclamation reviews
the history of our flag and what it symbolizes. I see no
legal objections. The word "them" in the last sentence of
the second paragraph should be changed to "our forefathers"
or something similar. As now written, "them" refers to
"[m]any of the early American flags," and accordingly the
sentence makes no sense, since it is impossible to motivate
a flag.
Attachment
THE WHITE HOUSE
WASHINGTON
April 25, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Proclamation Designating June 14,
1983, and the Week Beginning June 12
as National Flag Day and Week, 1983
Counsel's Office has reviewed the above-referenced draft
proclamation, and finds no objection to it from a legal
perspective. In the last sentence of the second paragraph,
"them" should be changed to "our forefathers," or something
similar. As the sentence is now written "them" refers to
"[m]any of the early American flags," and the sentence
accordingly makes no sense.
FFF:JGR:aw 4/25/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Letter to Presidents of D.C. Comics
and Keebler Company Re: Drug Abuse
Awareness Program (Revised)
Richard Darman has requested comments by close of business
today on revised drafts of letters to the presidents of D.C.
Comics and the Keebler Company, thanking them for their help
in connection with the comic book project. You approved
earlier drafts of these letters, with suggested changes.
The purpose of our suggested changes was to package the
project as a private sector project, with some guidance from
the White House, rather than a joint venture or a White
House project funded by the private sector. The Department
of Justice has now suggested revisions of its own, primarily
stylistic. Some of these suggestions are inconsistent with
our approach, and the changes detailed in my draft memorandum
to Darman correct those that are.
Attachment
THE WHITE HOUSE
WASHINGTON
April 25, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to Presidents of D.C. Comics
and Keebler Company Re: Drug Abuse
Awareness Program (Revised)
Counsel's Office has reviewed the revised drafts of the
above-referenced letters submitted by the Department of
Justice. Consistent with the approach detailed in our
memorandum of April 20 on these letters, we suggest the
following changes in the Justice Department drafts:
In the letter to Ms. Kahn, "contribution and assistance to"
in the first sentence should be changed to "assistance in."
In the last sentence, "campaign" should be "cause," as in
the original version.
In the letter to Mr. Garvin, "contribution and support to"
in the first sentence should be changed to "support in."
The second sentence should be changed to "Private sector
involvement in this effort through projects like the "Teen
Titans Comic Book" will definitely have an impact on our
youth," or something similar.
FFF:JGR:aw 4/25/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 22, 1983
COPY - Reagan Presidential Record
MEMORANDUM FOR THE FILE
FROM:
JOHN G. ROBERTS
j
SUBJECT:
29
On April 21, 1983, I was present while Senator Trible and
Senator Heflin reviewed the FBI report on the above-
referenced nominee.
THE WHITE HOUSE
WASHINGTON
April 25, 1983
COPY - Reagan Presidential Record
MEMORANDUM FOR THE FILE
FROM:
JOHN G. ROBERTS
SUBJECT:
36
On April 21, 1983, I was present while Senator Trible and
Senator Heflin reviewed the FBI report on the
above-referenced nominee.
66
THE WHITE HOUSE
WASHINGTON
April 26, 1983
Dear Mr. Merritt:
With regard to your prospective appointment
as Chief Counsel, Internal Revenue Service,
it will be necessary for you to complete the
enclosed Personal Data Statement and Finan-
cial Disclosure Report. Please return these
forms to me at your earliest convenience.
With best wishes,
Sincerely,
Investment
John G. Roberts
Associate Counsel
to the President
James E. Merritt, Esq.
Morrison & Foerster
1920 N Street, NW
Washington, D.C. 20036
Enclosures
THE WHITE HOUSE
WASHINGTON
April 26, 1983
APPOINTMENT PROCESS PERSONAL INTERVIEW RECORD
DATE OF INTERVIEW: April 26, 1983 (by telephone)
COPY Reagan Presidential Record
CANDIDATE: John Warren McGarry
POSITION: Commissioner, Federal Election Commission
INTERVIEWER: John G. Roberts I2R
Comments
John Warren McGarry is currently a Democratic commissioner
on the Federal Election Commission. His term expires April
30, 1983, although he will be able to holdover until his
contemplated reappointment. 2 U.S.C. § 437c (a) (2) (B).
Under 2 U.S.C. $ 437c (a) (3) persons appointed to the FEC by
the President "shall be individuals who, at the time
appointed to the Commission, are not elected or appointed
officers or employees in the executive, legislative, or
judicial branch of the Federal Government. McGarry is, of
course, an appointed officer, but I do not believe the
quoted provision bars his reappointment. The purpose of the
provision was to prevent individuals holding other govern-
ment offices from simultaneously serving on the FEC. In
addition, Sherrie Cooksey advises me that other commis-
sioners have been reappointed.
Under 2 U.S.C. § 437c (a) (3), commissioners "shall not engage
in any other business, vocation, or employment."
bb
None of Commissioner
McGarry's holdings appear to present a conflict with the
duties of an FEC commissioner.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Presidential Remarks for Meeting
With New York Crime Fighters
These draft remarks have been forwarded to the President,
for delivery tomorrow. Richard Darman has requested that
any minor edits be sent directly to Aram Bakshian. The
remarks praise the award winners of the New York Daily News
Crime Fighters program, the New York City police, and the
Daily News for sponsoring the award program. I see no legal
objections, and recommend sending the attached memorandum to
Bakshian, with a copy to Darman, advising them that we have
reviewed the remarks and find them legally unobjectionable.
Attachment
THE WHITE HOUSE
WASHINGTON
April 26, 1983
MEMORANDUM FOR ARAM BAKSHIAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Remarks for Meeting
With New York Crime Fighters
Counsel's Office has reviewed the above-referenced draft
remarks and finds no objection to them from a legal
perspective.
CC: Richard G. Darman
FFF:JGR:aw 4/26/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Letter to Shirley Moore Re: Use of
AFI Theater by Campaign Committee
Richard Stebbins has written Shirley Moore in Mr. Deaver's
office, offering the facilities of the American Film Insti-
tute (224-seat theater, 38-seat screening room) for the
Reagan Campaign, at specified rental rates. Deaver has
asked you to prepare a proposed response for his review. I
have drafted a reply for your signature, advising Stebbins
that he should direct his proposal to the RNC, and a cover
memorandum to Deaver submitting the proposed reply.
Attachments
THE WHITE HOUSE
WASHINGTON
April 26, 1983
Dear Mr. Stebbins:
Your letter of April 7 to Shirley Moore of Michael Deaver's
office has been referred to me for response. In that letter
you offered the facilities of the American Film Institute,
at specified rental rates, for the use of the Reagan Campaign.
There is, of course, at present no organization established
to conduct the campaign to which you refer. I can only
suggest that you submit your proposal to the Republican
National Committee, for whatever consideration the officials
of that organization may deem appropriate.
Thank you for writing.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Richard Stebbins
The American Film Institute
The John F. Kennedy Center
for the Performing Arts
Washington, D.C. 20566
FFF:JGR:aw 4/26/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 26, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to Shirley Moore Re: Use of
AFI Theater by Campaign Committee
Attached is a proposed reply to the recent letter from
Richard Stebbins of the American Film Institute received in
your office.
Attachment
FFF:JGR:aw 4/26/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ear
SUBJECT:
Request that President Write Introduction
to Book on U.S. Olympic Athletes
Bill Mallon, who is joining three other authorities on the
Olympics to author a book on U.S. Olympic athletes through
the ages, has written the President asking him to write an
introduction to the book. Mallon enclosed an outline of the
book, biographies of the authors, and examples of entries on
former American Olympic stars, including Z.B. Strebler, who
won a bronze medal in 1904 for wrestling even though he
wrestled only once and lost.
This is a commercial endeavor (not sponsored by the U.S.
Olympic Committee) and accordingly the President should not
become involved. I have drafted an appropriate letter to
Mallon.
Attachment
THE WHITE HOUSE
WASHINGTON
April 26, 1983
Dear Mr. Mallon:
Thank you for your letter to the President, requesting that
he write an introduction to your book on American Olympic
athletes. While your proposed volume promises to be an
interesting contribution to Olympic literature, we cannot
comply with your request that the President author an
introduction. As a general matter the President avoids any
action that suggests or could be construed as endorsement of
any commercial product or enterprise, in this case your
book. In addition the sheer volume of requests that the
President author introductory statements has necessitated
adoption of a general policy of declining all such requests.
I am confident that you will understand why we cannot comply
with your request. Thank you for your inquiry and best of
luck with the book.
Sincerely,
"S
Fred F. Fielding
Mr. Bill Mallon
2330 Hilton Avenue
Apartment 3
Durham, North Carolina
FFF:JGR:aw 4/26/83
not Counsel to the President apt
27707
CC: FFFielding
All
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 26, 1983
MEMORANDUM FOR FRED F. FIELDING
COPY - Reagan Presidential Record
FROM:
JOHN G. ROBERTS
arr
SUBJECT:
FOIA Request of
b6
bb
has requested a copy of
file at the Personnel
Office.
states that
understands
is entitled to
a copy under the FOIA. I have drafted a response to
advising
that the White House Office is not subject to
the FOIA.
Attachment
THE WHITE HOUSE
WASHINGTON
April 26, 1983
COPY Reagan Presidential Record
Dear
bb
I am writing in response to your letter to the President, in
which you requested a copy of your file at the Presidential
Personnel Office under the Freedom of Information Act.
Please be advised that the White House Office -- including
the Presidential Personnel Office -- "whose sole function is
to advise and assist the President, If is not an agency
subject to the Freedom of Information Act. Kissinger V.
Reporters Committee for Freedom of the Press, 445 U.S. 136,
156 (1980). Accordingly, we are not in a position to
respond to your Freedom of Information Act request.
Sincerely,
Fred F. Fielding
Counsel to the President
56
FFF: JGR:aw 4/26/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 26, 1983
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS
SUBJECT:
Appointment of Richard F. Hohlt to
the Peace Corps Advisory Council
I have reviewed the Personal Data Statement submitted by
Richard F. Hohlt for appointment to the Peace Corps Advisory
Council. Appointment of up to 30 persons by the President
to this advisory committee is authorized by Executive Order
12412 (March 29, 1983). The Council is to advise the
President and Peace Corps Director on initiatives to
implement the Peace Corps Act; members serve without
compensation. Neither the holdings nor associations
revealed on the PDS suggest any conflict with the duties of
a member of the Council, and accordingly I see no legal
objection to the appointment.
THE WHITE HOUSE
WASHINGTON
April 27, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Testimony of Roger M. Olsen, Deputy
Assistant Attorney General Re:
H.R. 2643 - Extradition Act of 1983
Cary Copeland of the Office of Legislative Affairs has
submitted the above-referenced proposed testimony, to be
delivered April 28 before the Subcommittee on Crime of the
House Judiciary Committee. The testimony discusses H.R.
2643, which is substantially similar to the Administration's
proposal, embodied in H.R. 2151. H.R. 2151 is also Title
XIV, Part M of the Comprehensive Crime Control Act of 1983.
Both proposals are designed to modernize the antiquated
extradition statutes, which were enacted in the previous
century. The testimony reviews the dramatic rise in extra-
dition matters, and applauds the improvements common to H.R.
2643 and H.R. 2151. It then objects to certain aspects of
H.R. 2643, primarily its unilateral revision of certain
treaty provisions and its liberalization of bail
requirements.
This testimony is consistent with the Administration's
previously-cleared endorsement of H.R. 2151. I see no legal
objection.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 27, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Presidential Youth Citizenship Award
William F. Sittman has asked for your views on a proposal to
establish a Presidential Youth Citizenship Award program.
As described in the attached memorandum, youth organizations
that worked with local government and successfully completed
a community improvement project would receive a Presidential
Youth Citizenship Award. The program would require approval
and guidance from local government, a specified amount of
work from each individual in the youth organization, and
acknowledgment of successful completion of the project by
local government.
I can discern no legal bar to the program, at least as
described in general outline. Legal issues will, however,
arise in implementing the program: Will the local government
be liable for injuries sustained by members of the youth
organization during the project? Will the Federal govern-
ment? What if the youth organization "discriminates" in
some fashion, as most do -- a boy's club, a Latino "gang," a
church club? Will there be challenges to the program as a
means of securing free labor for local governments? From a
legal perspective it would be much better if the program
were not as formalized as it apparently is intended to be.
It is not apparent to me why it is desirable to establish a
rigid program with participation and certification require-
ments. The imposition of such requirements and the concom-
mitant involvement of the White House raise questions
concerning our legal liability with respect to organizations
participating in the program and their activities while
doing so.
I suggest a memorandum to Sittmann, raising these general
concerns, and recommending a less formal approach. The
President can always recognize laudable youth activities,
and even establish a new award for this purpose, but need
not erect a new structure of rules and procedures.
Attachment
THE WHITE HOUSE
WASHINGTON
April 27, 1983
MEMORANDUM FOR WILLIAM F. SITTMANN
SPECIAL ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Youth Citizenship Award
You have asked for our views on the proposal to establish a
Presidential Youth Citizenship Award program. As described
in your memorandum, youth organizations could earn Presiden-
tial recognition by completing a community improvement
project. The project must have the approval of local
government and the work must constitute an average contribu-
tion of ten hours per individual.
We see no overriding legal objections to consideration of
this proposal. A wide range of legal issues will, however,
arise in the course of implementing the proposal. Typical
questions will concern the potential liability of local
government and/or the Federal government for acts of or
injuries to individuals participating in the program,
appearance problems created by White House "approval" of
youth organizations that may engage in prohibited practices,
objections to particular projects or the use of volunteer
labor on those projects, and so on. From our point of view
it would be best not to formalize procedures and criteria
for Presidential recognition of laudable youth projects.
Creating a formal structure and program, with participation
guidelines and performance requirements, increases the
involvement of the White House in activities we cannot
control -- such as those of the youth organizations -- and
accordingly increases our potential legal exposure. There
can be no objection to the President establishing an award
for contributions by youth organizations, and issuing the
award on a systematic basis. I would avoid anything more
formal.
FFF: JGR:aw 4/27/83
CC:
FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 27, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
CAB Decision Re: U.S.-Canada Fare Increases
Proposed by Air Canada - 10 Day Case
Richard Darman's office has asked for comments by close of
business April 27 on the above-referenced CAB decision,
which was submitted for Presidential review as required by
§ 801 (b) of the Federal Aviation Act of 1958, as amended, 49
U.S.C. § 1461 (b). Under this provision, any order of the
Board pursuant to 1482 (j) of Title 49, "suspending, rejecting
or canceling a rate, fare, or charge for foreign air trans-
portation, and any order rescinding the effectiveness of any
such order,' must be submitted to the President. The
President may disapprove a submitted order, but only for
foreign policy or national defense reasons. If the President
wishes to disapprove an order, he must do so within ten days
of submission of the order to him by the Board (in this
case, by April 29, 1983).
The CAB order would suspend coach fare increases proposed by
Air Canada on all of its U.S. -Canada routes. Air Canada
stated the increases were required by rising costs of " food,
maintenance, and labor.' The CAB regarded this as insuf-
ficient justification.
The order here has been reviewed by the appropriate depart-
ments and agencies, following the procedures established by
Executive Order No. 11920 (1976). OMB recommends that the
President allow the order to go into effect, and reports
that the NSC and the Departments of State, Defense, Justice
and Transportation have no objection to the Board's order.
In ten-day review cases, unlike sixty-day review cases under
49 U.S.C. § 1461 (a), it is standard simply to take no action
on CAB orders not being disapproved, rather than sending a
"no disapproval" letter to the Board.
I see no reason for disagreeing with the recommendation that
the President not disapprove this order.
Attachment
THE WHITE HOUSE
WASHINGTON
April 27, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
CAB Decision Re: U.S. - -Canada Fare Increases
Proposed by Air Canada - 10 Day Case
We have reviewed the above-referenced CAB decision and have
no legal objection to the procedure that was followed with
respect to Presidential review of such decisions under 49
U.S.C. § 1461 (b).
We also have no legal objection to OMB's recommendation that
the President not disapprove this order.
FFF: JGR: aw 4/27/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 28, 1983
Dear Mr. Mallon:
Thank you for your letter to the President, requesting that
he write an introduction to your book on American Olympic
athletes. While your proposed volume promises to be an
interesting contribution to Olympic literature, we cannot
comply with your request that the President author an
introduction. As a general matter the President avoids any
action that suggests or could be construed as endorsement of
any commercial product or enterprise, such as, in this case,
your book.
I am confident that you will understand why we cannot comply
with your request. Thank you for your inquiry, and best of
luck with the book.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Bill Mallon
2330 Hilton Avenue
Apartment 3
Durham, North Carolina
27707
FFF:JGR:aw 4/28/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 28, 1983
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS OZR
SUBJECT:
United States Representation at
the 36th World Health Assembly
of the World Health Organization,
Geneva, Switzerland, May 2-18, 1983
By note dated April 27 you asked that I check to determine
if the State Department proposal to have the President
designate delegates to the Thirty-sixth World Health Assembly
of the World Health Organization complied with Public Law
80-643. I have examined that statute, codified at 22 U.S.C.
§ 290a, and have no objection to the contemplated action.
The President is authorized to designate up to three dele-
gates (including a chief delegate) and an unspecified number
of alternates. As proposed by State, he will name three
delegates and two alternates. The designees must be inves-
tigated as to loyalty and security by OPM; State verifies
that this has been done.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Request from President Ford that
President Reagan Send Letter Supporting
Bid of Vail, Colorado to Host 1986/1987
World Alpine Ski Championship
President Ford has asked Jim Baker if President Reagan would
send a letter (draft attached) to the President of the
Federation Internationale de Ski (FIS), supporting Vail,
Colorado as the site for the 1986/1987 World Alpine Ski
Championships. (Whether the world championship will be in
1986 or 1987 has not yet been determined by FIS.) Baker has
indicated he would like to do this if possible.
According to Rob Henderson of the State Department's Bureau
of International Organizations-International Sports, FIS is
the recognized international governing body for amateur
alpine skiing. The American counterpart, the U.S. Ski
Association, has selected Vail as its proposed site.
Henderson approves of sending the letter, and notes the
President sent a similar letter supporting bringing the
World Cup (soccer) to the U.S. In light of the fact that if
the event is held in the U.S. it will be held at Vail -- due
to the U.S. Ski Association selection -- I see no objection
to sending the letter. The draft letter notes that Governor
Dick Lamm of Colorado will support the event. Presumably
Ford cleared this with Lamm, but Intergovernmental Affairs
should double-check.
Attachment
THE WHITE HOUSE
WASHINGTON
April 28, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request from President Ford that
President Reagan Send Letter Supporting
Bid of Vail, Colorado to Host 1986/1987
World Alpine Ski Championship
The State Department's Bureau of International Organizations
-International Sports has advised us that the U.S. Ski
Association has selected Vail as its proposed site for the
1986/1987 World Alpine Ski Championships. Accordingly, we
have no legal objection to the President sending a letter to
the international governing body for amateur alpine skiing
in support of the Vail candidacy. We have reviewed the
proposed letter and have no legal objection to it. Inter-
governmental Affairs should, however, clear the reference to
Governor Dick Lamm with him.
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THE WHITE HOUSE
WASHINGTON
April 28, 1983
APPOINTMENT PROCESS PERSONAL INTERVIEW RECORD
DATE OF INTERVIEW: April 27, 1983 (by telephone)
COPY - Reagan Presidential Record
CANDIDATE: Thomas A. Domencich
POSITION: Member, Interstate Commerce Commission
INTERVIEWER: John G. Roberts 820
Comments
Mr. Domencich is to be appointed to the Interstate Commerce
Commission. The ICC now has seven seats, and no more. than
four commissioners may be appointed from the same political
party. P.L. 97-253, 96 Stat. 806, § 502. Mr. Domencich
affirmed that he was an Independent, not registered with
either party.
Under 49 U.S.C. $ 10301 (a) "a member of the Commission may
not have a pecuniary interest in, hold an official relation
to, or own stock in or bonds of, a carrier providing trans-
portation by any mode and may not engage in another business,
vocation, or employment."
bb
Domencich also owns a
retail store in Montpelier, Vermont. He affirmed that he
would sell the store if the appointment went forward.
THE WHITE HOUSE
WASHINGTON
April 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
OUR
SUBJECT:
Enrolled Bill S. 304 --
Burns Paiute Indian Lands
Richard Darman has requested comments by noon April 29 on
the above-referenced enrolled bill, which would declare the
estate of Jesse James (not that Jesse James) public trust
land held by the United States for the Burns Paiute Indians.
James, a Burns Pauite, died intestate with no heirs, leaving
a 160-acre public domain allotment. In such cases 25 U.S.C.
$ 373b provides the land shall escheat to the Secretary of
Interior to be held in trust for the tribe, if its value
does not exceed $2,000. Here the land is worth $9,600, and
accordingly this specific congressional action is necessary.
The bill also accords similar treatment to the land of any
other Burns Paiute Indians who die intestate without heirs
in Harvey County, Oregon. Finally, the bill raises the
limits in 25 U.S.C. § 373b from $2,000 to $50,000. OMB and
Interior recommend approval; Justice defers to Interior.
I have reviewed the memorandum for the President from Naomi
Sweeney, Acting Assistant Director of OMB for Legislative
Reference, and the bill itself. I see no legal objections.
Attachment
THE WHITE HOUSE
WASHINGTON
April 28, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 304 --
Burns Paiute Indian Lands
Counsel's Office has no objection from a legal perspective
to the above-referenced enrolled bill.
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Letter to the President from Alabama
Attorney General Charles Graddick
General Graddick has written the President to note his
opposition to the Chief Justice's proposal to create a
temporary national court of appeals. Graddick argues in his
letter that the proposal treats only a symptom and not the
more. serious problem of the federal litigation explosion.
In suggesting more significant reform, Graddick focuses on
abuse of habeas corpus by state court prisoners, praising
the Administration proposals but asserting that reform has
become a "very low priority" in the Administration and
requires the President's personal involvement. Graddick
then calls for limiting § 1983 suits, and requiring every
bill considered by Congress to carry a "judicial impact"
statement. Graddick concludes by citing the general problem
of judicial activism and the need to appoint judges who
are more restrained.
As you know, we have not yet taken a position on the Chief's
proposal. All we can tell Graddick is that Justice is
looking at the proposal and that we will make his views
known to the appropriate individuals. Graddick's criticism
of our habeas corpus effort is unfair and can be dismissed
by noting that habeas reform is a prominent part of the new
crime package. Justice has been looking into several
avenues of § 1983 reform -- § 1983 abuse really has become
the most serious federal court problem -- but the general
sense is that it would be impolitic to touch the provision,
which authorizes most actions for civil rights violations,
until after 1984. Our record in resisting judicial activism
is, of course, quite good.
I have drafted a reply to Graddick for your signature,
sympathetically sharing his concerns, and advising that
Justice is reviewing the Chief's proposal and that you have
forwarded his letter to Justice for appropriate consideration.
Also attached is a cover memorandum to the Deputy Attorney
General.
Attachments
THE WHITE HOUSE
WASHINGTON
April 28, 1983
Dear General Graddick:
Thank you for your letter of March 10 to the President. In
that letter you noted your opposition to the Chief Justice's
proposal to create a national court of appeals, reasoning
that such a court would treat only a symptom of a much
larger and more serious problem. In particular, you focused
on the causes of the litigation explosion in the federal
courts, including abuse of habeas corpus by state prisoners,
the increase in § 1983 filings, enactment of legislation
without regard for judicial consequences, and the tendency
of some federal judges to exceed the limited role envisioned
for them by the Framers.
The Administration has not yet taken a position on the
proposal of the Chief Justice. A working group within the
Department of Justice is currently reviewing the question.
I will see to it that your views are made known to the
Department, so they may be given every appropriate
consideration throughout the process of developing our
position.
I think you know that this Administration shares your
concern about the root causes of the explosion in federal
litigation, and that we are trying to do something about
them. Our habeas corpus reform proposal, designed to
restore federal-state comity and the finality of state court
convictions, has been resubmitted to Congress as an integral
part of the proposed Comprehensive Crime Control Act of
1983. Your suggestion that Congress be required to consider
the judicial impact of proposed legislation is intriguing;
for the present we make every effort to examine legislation
from this critical perspective to avoid increasing the
litigiousness of our society. The burden imposed by abuse
of § 1983 is becoming intolerable, and we are examining what
can be done to alleviate the problem without undermining the
historic role of § 1983 in vindicating Constitutional
rights.
I agree with your conclusion that judicial activism is the
basic cause of the litigation burden on the federal courts.
So long as courts view themselves as appropriate forums for
resolving all of society's problems, they will, quite
understandably, be overloaded. This is not the role en-
visioned by the Framers for the Third Branch. As you know,
-2-
Attorney General Smith has on frequent occasions articulated
the Administration's program to promote the values of
judicial self-restraint. This program includes resisting
arguments in litigation that invite judicial activism, and
appointing to the bench qualified men and women who
recognize the limited nature of the judicial role.
Thank you for providing us with your considered views on
these serious matters. I think it is evident that we share
your concerns. We are committed to restoring faith in the
federal court system, and protecting it from the abuses that
threaten to overwhelm it.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Charles A. Graddick
Attorney General
State of Alabama
64 North Union Street
Montgomery, Alabama
36130
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THE WHITE HOUSE
WASHINGTON
April 28, 1983
MEMORANDUM FOR EDWARD C. SCHMULTS
DEPUTY ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Attorney
General Graddick of Alabama
I attach for whatever consideration you deem appropriate a
letter to the President from General Graddick, and a copy of
my reply.
Attachment
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THE WHITE HOUSE
WASHINGTON
April 29, 1983
MEMORANDUM FOR PETER J. WALLISON
GENERAL COUNSEL
DEPARTMENT OF THE TREASURY
FROM:
JOHN G. ROBERTS ore
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
Attached is the material we discussed briefly this afternoon.
It appears that only items 3.2 and 3.4 are of particular
concern to the Treasury, but naturally we would welcome any
comments on the other items as well. We need an answer for
Dr. Kissinger on the entire package by Monday, so I would be
grateful for whatever guidance you can provide as soon as
possible.
Many thanks.
Attachment
THE WHITE HOUSE
WASHINGTON
April 29, 1983
MEMORANDUM FOR DAVIS R. ROBINSON
LEGAL ADVISER
DEPARTMENT OF STATE
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
Attached is the material we discussed briefly this morning.
It appears that only item 3.1 is of particular concern to
the State Department, but naturally we would welcome any
comments on the other items as well. We need an answer for
Dr. Kissinger on the entire package by Monday, so I would be
grateful for whatever guidance you can provide as soon as
possible.
Many thanks.
Attachment
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Unauthorized Use of President's Name
and Likeness in Advertisement
Edward Friedman of Silver Spring has written to ask why the
President would endorse and associate himself with the
International Gold Bullion Exchange (IGBE), a retailer of
precious metals. IGBE is under heavy investigation and
generally seems to be a sleazy operation, although it claims
some $80 million in annual sales. Friedman submitted an
advertising flyer from IGBE. Page 5 of the flyer contains a
photograph of the President at what is obviously a large
meeting. Another individual is prominent in the photograph,
and the caption reads: "Chief Financial Officer of Inter-
national Gold Bullion Exchange Michael P. Zambouros, in
Washington, D.C. on business with President Ronald Reagan."
Inquiries with the Social, Appointments, Photographic and
Correspondence Units have turned up nothing on a meeting
with Mr. Zambouros. Presumably the photograph was not taken
at the White House. (If it were, you can be certain that
would have been mentioned in the caption.) This is as
egregious a violation of our policy on use of the President's
name or likeness as I have seen, and it obviously is a
calculated, advertent use. I have drafted an appropriately
outraged letter to the Chairman of IGBE, and a reassuring
letter to Friedman.
THIS JUST IN:
According to the attached story in yesterday's Wall Street
Journal, IGBE has just filed for protection from creditors
under Chapter XI.
Attachments
THE WHITE HOUSE
WASHINGTON
April 29, 1983
may
Dear Mr. Alderdice:
Pee
It has come to our attention that the International Gold
Bullion Exchange is using an advertising flyer containing a
photograph of the President. The caption beneath the
photograph reads: "Chief Financial Officer of International
Gold Bullion Exchange Michael P. Zambouros, in Washington,
D.C. on business with President Ronald Reagan."
Please be advised that the use of the name and likeness of
the President in your advertising flyer is not permitted.
The White House adheres strictly to a policy of not author-
izing the use of the name, likeness, or photograph of the
President in any manner that suggests or could be construed
as endorsement of any commercial product or enterprise.
Your unauthorized use of the name and likeness of the
President creates and was obviously intended to create the
false impression that the President is associated with or
has endorsed the International Gold Bullion Exchange.
Indeed, we have received inquiries asking why the President
has endorsed your firm.
The established policy prohibiting the use of the President's
name or likeness in connection with any advertising or
commercial promotion is clearly announced in section 236
("Use of President's Name or Likeness") of Do's and Don'ts
in Advertising Copy, a publication of the Council of Better
Business Bureaus, Inc. You should also be aware that your
use of the President's name and likeness could well consti-
tute a violation of 15 U.S.C. § 45 (a) (1), which prohibits,
among other things, "unfair or deceptive acts or practices
in or affecting commerce."
-2-
In light of the foregoing, I must advise you to cease
immediately any use of the President's name or likeness. I
would appreciate prompt notification if you do not intend to
adhere to this advice, in order that we may take other
appropriate action.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. William Alderdice
International Gold Bullion Exchange
110 East Broward Boulevard
Fort Lauderdale, Florida
33301
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Dee
THE WHITE HOUSE
WASHINGTON
April 29, 1983
Dear Mr. Friedman:
Thank you for your letter of April 20. Along with that
letter you sent an advertising flyer from the International
Gold Bullion Exchange, containing a photograph of the
President with several other individuals. One of the
individuals was identified as the Chief Financial Officer of
the International Gold Bullion Exchange, and the caption to
the photograph indicated this officer was "in Washington,
D.C. on business with President Ronald Reagan." In your
letter you questioned why the President would allow the
Exchange to use his name.
Please be assured that the President has not permitted the
Exchange to use his name or likeness, nor is the President
in any way associated with the Exchange. The White House
adheres strictly to a policy of not permitting the name or
likeness of the President to be used in any way that suggests
or could be construed as endorsement of a commercial product
or enterprise. The use of the President's name and likeness
in the Exchange advertising flyer was done without our
knowledge, was completely unauthorized, and is contrary to
established White House policy. We have taken appropriate
action to correct the false impression of Presidential
endorsement conveyed by the flyer.
Thank you for bringing this unfortunate matter to our
attention.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Edward Friedman
13004 Collingwood Terrace
Silver Spring, Maryland 20504
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Civil Aeronautics Board Decision
in Transportes Aereos Kantuta, Ltd.
Richard Darman's office has asked for comments by close of
business Monday, May 2, 1983 on the above-referenced CAB
decision, which was submitted for Presidential review as
required by § 801 (a) of the Federal Aviation Act of 1958, as
amended, 49 U.S.C. § 1461 (a). Under this section, the
President may disapprove, solely on the basis of foreign
relations or national defense considerations, CAB actions
involving either foreign air carriers or domestic carriers
involved in foreign air transportation. If the President
wishes to disapprove such CAB actions, he must do so within
sixty days of submission (in this case, by May 9, 1983).
The order here has been reviewed by the appropriate depart-
ments and agencies, following the procedures established by
Executive Order No. 11920 (1976). OMB recommends that the
President not disapprove, and reports that the NSC and the
Departments of State, Defense, Justice and Transportation
have not identified any foreign relations or national
defense reasons for disapproval. Since this order involves
a foreign carrier, the proposed letter from the President to
the CAB Chairman prepared by OMB does not include the
standard sentence designed to preserve availability of
judicial review.
This order denies an application for service by a Bolivian
airline, because the Bolivian government has not issued the
airline a license. My review confirms the OMB description
of this as "a routine noncontroversial matter."
A memorandum for Darman is attached for your review and
signature.
Attachment
THE WHITE HOUSE
WASHINGTON
April 29, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decision
in Transportes Aereos Kantuta, Ltd.
Our office has reviewed the above-referenced CAB decision
and related materials and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove this order or to the substance
of the letter from the President to the CAB Chairman
prepared by OMB.
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