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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 (07/01/1984-07/10/1984)
Box: 64
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
8/6/2005
File Folder
CHRON FILE (07/01/1984 07/10/1984)
FOIA
F05-139/01
Box Number
64
COOK
59IGP
DOC
Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1
MEMO
ROBERTS TO HAUSER RE
1 7/10/1984 B6
829
AMBASSADOR TO NORWAY (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
MAEHINGTO
July 2, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS grd
SUBJECT:
Op-Ed Draft Concerning Supreme Court's
Decision in Memphis Firefighters V. Stotts
by Brad Reynolds
Richard Darman has now asked for comments by 5:00 p.m. today
on the draft op-ed piece by Brad Reynolds on Memphis Fire-
fighters V. Stotts. You will recall that we received a copy
of the draft when the Deputy Attorney General sent it to
Fuller. I reviewed the draft at that time, and you signed a
memorandum for Fuller advising him that we had no legal
objection to the piece.
Steve Galebach, the acting Mike Uhlmann, discussed the piece
with me this afternoon. He thinks it would be better, in
the paragraph beginning on page 2, to clarify our position
on the issues unresolved by Stotts. The paragraph in
question notes that Stotts does not affect affirmative
action outreach programs or certain types of affirmative
action quotas. As written, the draft does not make clear
that we support the former and oppose the latter. The last
sentence on the page is particularly confusing, since "such
arrangements" could refer to outreach programs, quotas, or
both. (I assume it is intended to refer only to quotas.)
The attached draft for Darman notes, as the memorandum for
Fuller did, that we have no legal objection. It goes on,
however, to suggest adding a discussion of the sort outlined
above.
Attachment
HOVEE
July 2, 1984
MEMORANDUM FOR RICHARD G. DARMAN,
ASSISTANT TO THE PRESIDENT
FROM:
PICHARD 1. HAUSER
DEPUTY COUNSEL TC THE PRESIDENT
SUBJECT:
Op-56 Draft Concernino Supreme Court's
Decision in Menphis Firefighters V. Stotts
by Brad Revnolds
Coursel's Cifice has reviewed the above-referenced op-ed
draft, and finds no objection to it from c legal perspective.
WE do, however, recommend revising the full paragraph on
page :. Às written, the paragraph makes the valid point
that affiliative assion outreach and recruitment programs
and THIS of cuotas are unaffected by Storts. The
DOLLA should BISC be made that WE fully support affirmative
BILLOT outskash and recruitment procrams, and oppose cuotas.
Without such c statement a= this point 11 the piece, the
leader could be left with the incression that the Adminis-
tratton 15 anbivalent about affilmetive action cutreach and
resruitment programs or with The equally erroreous LE-
pression that WE support certain types C : recial DUCTES.
The Afpinistratior reposes outtas, ever those unaffected by
Stotts.
The last sentence or page : should be charged SC it is clear
that 'such arrangements refers to cuotas only and not
outreach cr recruitsent programs. The SETCHNCE could be
read = suggest the latter are subject LC corstitutional
challenge, which 29 not the case.
RAH:JGR:aea 7/2/84
CC: "FFielding/RAHauser/JGRoberts/Subj/Chror
THE WHITE HOUSE
WAEHINGTON
July 2, 1984
MEMORANDUM FOR RICHARD A. HAUSER.
FROM:
JOHN G. ROBERTS 8762
SUBJECT:
Draft Proclamation: National Duck Stamp
Week and Golden Anniversary Year of the
Duck Stamp
Dodie Livingston has requested comments on the above-
referenced draft proclamation by 6:00 p.m. today. The
proclamation, authorized and requested by S.J. Res. 270,
designates this week as National Duck Stamp Week and this
year as the Golden Anniversary Year of the Duck Stamp. The
proclamation, proposed by Interior, stresses the ecological
importance of wetlands and the success of the duck stamp
program in providing funds to purchase wetlands. The
proclamation has been approved by OMB.
I have reviewed the draft proclamation, and have no legal
objection to it.
Attachment
E HOUSE
July 2, 1984
MEMORANDUM FOR DODIE LIVINGSTON
INC
SPECIAL ASSISTANT TO THE PRESIDENT
DIRECTOR, SPECIAL PRESIDENTIAL MESSAGES
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Proclamation: National Duck Stamp
Week and Golden Anniversary Year of the
Duck Stamp
Counsel's Office has reviewed the above-referenced draft
proclamation, and finds no objection IC it from a legal
perspective.
RAH: JGR:aea 7/2/84
CC: FFFielding/RAHauser/JGRoberts/Subj/Chron
THE WHITE HOUSE
MAEHINGTON
July 2, 1984
MEMORANDUM FOR THE FILES
FROM:
JOHN G. ROBERTS 826L
SUBJECT:
U.S. Delegation to Guatemalan
Elections/John Carbaugh
After discussing this matter with Mr. Hauser, I advised
Kimmitt and Tad Tharp that Counsel's Office had no legal
objection to Mr. Carbaugh observing the Guatemalan elections,
so long as he refrained from any business dealings during
his visit to observe the elections. Mr. Hauser and I
concluded that merely observing the electoral process in no
way presented a conflict with Mr. Carbaugh's business
dealings.
THE WHITE HOUSE
MASH NETON
July 2, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS 820
SUBJECT:
Enrolled Resolution S.J. Res. 303
National Drunk and Drugged Driving
Awareness Week
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business today.
The resolution calls upon the President to issue a pro-
clamation designating the week of December 9-15 as "National
Drunk and Drugged Driving Awareness Week." The resolution
passed both Houses by voice vote. OMB, Transportation, and
HHS recommend approval. I have reviewed the memorandum for
the President prepared by OMB Acting Assistant Director for
Legislative Reference Naomi R. Sweeney, and the resolution
itself, and have no objections.
Attachment
THE WHITE HOUSE
MAEHINGTON :
July 2, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.J. Res. 303
National Drunk and Drugged Driving
Awareness Week
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
RAH: JGR:aea 7/2/84
CC: FFielding/RAHauser/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
July 2, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS 826
SUBJECT:
Enrolled Resolution S.J. 150
Coast Guard Day
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business today.
The resolution reviews the contributions of the Coast Guard
and calls upon the President to issue a proclamation de-
signating August 4 as "Coast Guard Day." The resolution
passed both Houses by voice vote. OMB, Transportation, and
Defense recommend approval. I have reviewed the memorandum
for the President prepared by OMB Acting Assistant Director
for Legislative Reference Naomi R. Sweeney, and the resolution
itself, and have no objections.
Attachment
THE WHITE HOUSE
MASHINGTON {
July 2, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.J. 150
Coast Guard Dav
Counsel's Office has reviewed the above-referenced enrolled
perspective. resolution, and finds no objection to it from a legal
RAH: JGR:aea 7/2/84
cc: FFFielding/RAHauser/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
July 2, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Enrolled Resolution S.J. 278
100th Anniversary of the Bureau
of Labor Statistics
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business today.
The resolution praises the contributions of the Bureau of
Labor Statistics throughout its 100-year history. The
resolution does not request a Presidential proclamation, but
simply commends the BLS for its history of service. The
resolution passed both Houses by voice vote. OMB and Labor
recommend approval. I have reviewed the memorandum for the
President prepared by OMB Acting Assistant Director for
Legislative Reference Naomi R. Sweeney, and the resolution
itself, and have no objections.
Attachment
THE WHITE HOUSE
WAEHINGTON
July 2, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.J. 278
100th Anniversary of the Bureau
of Labor Statistics
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
RAH:JGR:aea 7/2/84
CC: FFFielding/RAHauser/JGRoberts/Subj/Chron
THE WHITE HOUSE
WAEHINGTON
July 3, 1984
MEMORANDUM FOR RICHARD A. HAUSER.
FROM:
JOHN G. ROBERTS
826-
SUBJECT:
Presidential Remarks: Anniversary
of Duck Stamp Program
Richard Darman has asked that comments on the above-
referenced remarks be sent directly to Ben Elliott by
9:00 a.m. today. The remarks praise the duck stamp program,
and its creator, cartoonist Ding Darling. I have reviewed
the remarks and have no objections. The tone of the remarks
suggests a reference to the golden anniversary of Donald
Duck would not, after all, be appropriate.
Attachment
THE WHITE HOUSE
WAEHINGTON
July 3, 1984
MEMORANDUM FOR BEN ELLIOTTV
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Remarks: Anniversary
of Duck Stamp Procram
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.
CC: Richard G. Darman
RAH: JGR:aea 7/3/84
bcc: FFFielding/RAHauser/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
July 3, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERT 826
SUBJECT:
S. 2403 -- Pueblo De Cochiti
Trust Lands (Indians)
Richard Darman has asked for views on the above-referenced
enrolled bill by close of business Thursday, July 5. The
bill would transfer 25,000 acres of land owned by the United
States in New Mexico to the United States in trust for the
Pueblo de Cochiti Indians. The transfer is based on a
historic but legally unenforceable claim by the Pueblos to
the land. The Indians bought the land from a Spanish owner
in 1744, then sold it to another Spaniard in 1805, when
Spain still controlled the area. In 1817 the Indians
petitioned Spain to restore the land to them, claiming they
only sold under duress. A Spanish court agreed, in 1818,
but the document nullifying the sale was lost until 1979.
In the meantime, the United States acquired New Mexico, and
in 1913 a New Mexico state court upheld the 1805 sale. The
Indians could not prove their claim that the sale was
invalid because they did not have the 1818 decree.
Agriculture recommends a veto, arguing that the United
States purchased the land for value in good faith, and that
the United States was in no way involved in the fraudulent
1805 sale. Agriculture also notes that several other Indian
claims are pending in New Mexico, and fears that approval of
this bill will set a bad precedent.
OMB and Interior urge approval, contending that if the
Indians had been aware of the 1818 decree their title would
have been confirmed. That's like saying if my aunt were a
man, she'd be my uncle. Nonetheless, if OMB wants to give
away $7.5 million worth of Federal land, there is no legal
bar to its doing SO. Agriculture's concern about setting a
worrisome precedent seems strained, given specific language
in the Senate report that no new precedent is being set and
the rather sui generis nature of this claim.
As noted, Agriculture recommends disapproval; OMB and
Interior recommend approval. Justice, Energy, and the Corps
of Engineers have no objection. I see no legal objection
our office may suitably interpose.
THE WHITE HOUSE
WASHINGTON 11
July 3, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
S. 2403 -- Pueblo De Cochiti
Trust Lands (Indians)
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
RAH:JGR:aea 7/3/84
CC: FFFielding/RAHauser/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
July 3, 1984
MEMORANDUM FOR RICHARD A. HAUSER.
FROM:
JOHN G. ROBERTS per
SUBJECT:
Enrolled Resolution H.J. Res. 604
African Refugees Relief Day
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business
Thursday, July 5. The resolution reviews the plight
of the four million African refugees, and requests that
the President issue a proclamation designating July 9 as
"African Refugees Relief Day." July 9 is the opening day
of the Geneva conference on African refugees, which the
Attorney General is attending. The resolution passed both
Houses by voice vote. OMB and State both recommend
approval. I have reviewed the memorandum for the President
prepared by OMB Acting Assistant Director for Legislative
Reference Naomi R. Sweeney, and the resolution itself, and
have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
July 3, 1984
MEMORANDUM FOR RICHARD G. DARMAN.
=
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution H.J. Res. 604
African Refugees Relief Day
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
RAH:JGR:aea 7/3/84
CC: FFFielding/RAHauser/JGRoberts/SUbj/Chron
THE WHITE HOUSE
WASHINGTON
July 3, 1984
MEMORANDUM FOR RICHARD A. HAUSER.
FROM:
JOHN G. ROBERTS Jrd
SUBJECT:
Presidential Radio Talk: Crime
Richard Darman has asked that comments on the above-
referenced remarks be sent directly to Ben Elliott by noon
today. The remarks take some credit for the recent drop in
crime, focusing on the appointment of sensible judges, the
anti-drug initiatives, and (as in any remarks drafted by
Dolan) the organized crime initiatives. The remarks then
discuss the legislative proposals bottled up in the House,
and urge listeners to let their representatives know how
they feel about them. This last section seems consistent
with the interpretations of the anti-lobbying provisions by
the Justice Department and our office. Justice has con-
sistently advised us that those provisions do not restrict
such expressions by the President.
In the last line on page 1, "justices" should be changed to
"judges." The last sentence in the second full paragraph on
page 2 also needs to be changed. The resolution according
subpoena power to the Organized Crime Commission has already
passed Congress, and is awaiting enrollment. We cannot
announce that we will sign the resolution, since we should
never make such statements until the resolution has been
through the formal clearance process. Accordingly, I
recommend simply dropping "from the Congress," so the
sentence does not read as a prod to Congressional action
that has already taken place.
Attachment
THE WHITE HOUSE
WAEHINGTON
July 3, 1984
MEMORANDUM FOR BEN ELLIOTT-
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Radio Talk: Crime
Counsel's Office has reviewed the above-referenced draft
remarks. In the last line on page 1, "justices" should be
changed to "judges." On page 2, line 19, "from the Congress"
should be deleted. Congress has in fact already passed the
resolution granting the Commission subpoena power; the
resolution has, however, not yet been enrolled and formally
sent to the President. WE should not announce that the
President will sign the resolution, until it has been
through the formal clearance process. Dropping "from the
Congress" at least removes the impression that we are
awaiting further substantive Congressional action.
cc: Richard G. Darman
RAH: JGR:aea 7/3/84
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THE WHITE HOUSE
WAEHINGTON
July 6, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS Jrd
SUBJECT:
Presidential Taping: National
Association of Counties -- Monday,
July 9, 1984
Richard Darman has asked that comments on the above-
referenced remarks be sent directly to Ben Elliott
by noon today. The brief remarks discuss the economic
expansion and promise continued consultation with the
National Association of Counties on review of the tax
system and general revenue sharing. The President ex-
presses his support for a balanced budget amendment,
line item veto authority, and antitrust immunity for
local governments. I have reviewed the remarks and have
no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
July 6, 1984
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Taping: National
Association of Counties -- Monday,
July 9, 1984
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.
cc: Richard G. Darman
RAH: JGR:aea 7/6/84
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THE WHITE HOUSE
WAEHINGTON
July 6, 1984
MEMORANDUM FOR MICHAEL E. BAROODY
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Briefing Paper for Lunch With Regional
Editors Concerning Domestic Issues
Counsel's Office has reviewed the above-referenced briefing
papers. The last bullet item in the civil rights enforce-
ment paper is inaccurate and should be deleted. According
to the Justice Department, this Administration has not filed
more school desegregation cases than the previous one. The
Education Department may have filed more administrative
actions, but that is not what is usually meant by desegre-
gation cases. Also attached is a briefing paper on the
recent Supreme Court criminal law decisions, which your
office requested that WE prepare.
Attachment
CC: Richard G. Darman
RAH: JGR:aea 7/6/84
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THE WHITE HOUSE
WASHINGTON
July 6, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS $20
SUBJECT:
Briefing Paper for Lunch With Regional
Editors Concerning Domestic Issues
Richard Darman has asked that comments on a series of
briefing notes for the President be sent directly to Mike
Baroody as soon as possible. I have reviewed the various
briefing papers -- on the economic recovery, the
environment, civil rights enforcement, and steel imports --
and have only one objection. The last item in the civil
rights paper contends that this Administration has filed
more school desegregation cases than the previous one.
According to the Justice Department, this is inaccurate.
Using June 1980 and June 1984 as the cut-off points, the
Carter Administration filed 12 complaints to our 4, 20
motions to our 3, and obtained 13 consent decrees to our 21.
The Education Department may well have initiated more
administrative actions, but that is not what most people
think of as "cases."
In view of the time demands, I have already communicated
this objection to Baroody's office, and they have agreed to
delete the item. As I advised you earlier, Baroody's office
also asked for a page on recent Supreme Court criminal law
decisions. The page I provided them is attached.
Attachments
RECENT SUPREME COURT DECISIONS
IN CRIMINAL LAW AREA
Note: In recent weeks the Supreme Court- has issued several
decisions cutting back on some of the protections for
criminal defendants imposed by the Warren Court. In
three of the most prominent of these decisions the
Court adopted the "reasonable good faith" exception
to the exclusionary rule for searches conducted
pursuant to a warrant later found to be invalid,
ruled that in emergency situations police need not
give Miranda warnings before asking the suspect
questions to solve the emergency, and ruled that
illegally seized evidence could be admitted at trial
if the evidence would inevitably have been discovered
by legal means.
The Administration is pleased with these decisions,
which are helping tc restore balance tc a criminal
justice system that had become tilted too heavily in
favor of the rights of the accused at the expense of
the rights of the innocent.
0
These decisions should not be seen as defeats for
civil liberties. On the contrary, they promote the
most basic civil liberty of all -- the right of the
innocent to be protected from those who would prey
upon them.
0
In many of those cases the Supreme Court agreed with
the arguments presented by our Justice Department.
We will continue to advocate positions in court that
promote effective law enforcement without infringing
on the basic civil liberties all Americans hold dear.
0
It is still necessary for Congress to act on our
crime package. The Court's recent decisions,
important as they are, do not begin to solve all of
the problems in this area. The Court is acting
responsibly; it is time for the House to do the same.
THE WHITE HOUSE
WASHINGTON
July 6, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS 820
SUBJECT:
Civil Aeronautics Board Decision:
Aerial Transit Company
Richard Darman's office has asked for comments by close of
business July 11 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 July 20).
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 domestic carrier, the proposed letter from the President
to the CAB Chairman prepared by OMB includes the standard
sentence designed to preserve availability of judicial
review.
The order issues a certificate authorizing Aerial Transit to
carry property and mail between specified points in the
Caribbean and the United States.
A memorandum for Darman is attached for your review and
signature.
Attachment
THE WHITE HOUSE
WASHINGTON
July 6, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decision:
Aerial Transit Company
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 lecal objection to OME'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.
RAH: JGR:aea 7/6/84
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THE WHITE HOUSE
WASHINGTON
July 9, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
JSR
SUBJECT:
Enrolled Resolution H.J. Res. 548 --
Subpoena and Related Authorities for the
President's Commission on Organized Crime
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business today.
This resolution, supported by the Administration, would
authorize the President's Commission on Organized Crime to
administer oaths and receive evidence, issue subpoenas
enforceable in court upon application of the Attorney
General, and issue writs of habeas corpus ad testificandum
upon application of the Attorney General. The resolution
also would grant the Commission and Commission staff access
to Title III wiretaps, to the extent Federal or state and
local law enforcement officials are willing to grant such
access. Specifically, section 6 (b) of the resolution
provides that Commission members and staff are "investi-
gative or law enforcement officers" for purposes of
18 U.S.C. § 2517. That section in turn provides that an
investigative or law enforcement officer may disclose the
contents of a Title III wiretap to another investigative or
law enforcement officer. The net effect is that disclosures
of such material may be made to the Commission or its staff
-- not must be made. In addition, the resolution goes on to
require that the Attorney General or his designee, in the
case of a Federal wiretap, or the appropriate state
official, in the case of a state or local wiretap, have an
opportunity to determine that disclosure may jeopardize law
enforcement interests, and have not made that determination.
The resolution defines the Commission as an agency for
purposes of 18 U.S.C. §§ 6001-6005, authorizing it to compel
testimony over a Fifth Amendment claim through a grant of
immunity, and provides that 18 U.S.C. §§ 111 and 1114 apply
to conduct directed against Commission members or staff.
Those sections make it a Federal criminal offense to take
certain actions against a U.S. attorney. The resolution
also authorizes the Commission to adopt rules for the
conduct of its business.
- 2 -
The resolution passed both Houses by voice vote. OMB and
Justice recommend approval; GSA has no objection; OPM has no
comment. Our office has been concerned in the past about
the powers of this Commission, but there appear to be
sufficient safeguards in this resolution. In particular,
law enforcement authorities retain the right to deny the
Commission access to wiretap information, and subpoenas can
only be enforced by a court order upon application of the
Attorney General. In light of these safeguards, I have no
objection to adding these arrows to Commissioner Kaufman's
quiver.
Attachment
THE WHITE HOUSE
WASHINGTON
July 9, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution H.J. Res. 548 --
Subpoena and Related Authorities for the
President's Commission on Organized Crime
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
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THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 82d
SUBJECT:
President's Article
Attached is a memorandum for Darman requesting such staffing
as he considers appropriate for our draft article on the
Presidency. Unless deadlines have slipped a bit (as they
invariably do in this sort of endeavor), we must submit any
changes to the editors by Friday. Accordingly, the memorandum
for Darman requests any comments by noon Thursday. If
anyone has serious objections to the draft, we can put off
the Friday deadline.
Attachment
THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
President's Article
The attached draft article has been submitted on behalf of
the President for inclusion in the upcoming issue of National
Forum magazine devoted to the bicentennial of the Constitution.
The issue will contain articles on the Constitution by
scholars and statesmen, including an article on the Supreme
Court by the Chief Justice, one on the Congress by the
Speaker of the House, and the instant article on the Presidency
by the President. I would appreciate whatever staffing of
the article you consider appropriate. Our office must
provide final comments to the editors by Friday, so we would
appreciate any suggestions by noon Thursday. Many thanks.
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THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR RICHARD A. HAUSER
JOHN G. ROBERTS for
COPY - Reagan Presidential Record
FROM:
SUBJECT:
Nomination of Robert D. Stuart, Jr.,
to be Ambassador to Norway
I have reviewed the SF-278 and related materials submitted
by Robert D. Stuart, Jr., in connection with his prospective
nomination to be Ambassador to Norway. Mr. Stuart, former
Chairman of the Board and now Chairman of the Finance
Committee of The Quaker Oats Company, has extensive financial
holdings and vested rights in several Quaker Oats programs.
b6
Attachment
THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Enrolled Bill H.R. 4616 -- Minimum
Drinking Age, Drunk Driving, and
Other Highway Safety Amendments
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business Wednesday,
July 11. The bill seeks to impose a national 21-year-old
minimum drinking age by reducing certain highway funds for
states that do not enact a 21-year-old minimum drinking age
law. If a state does not enact such a law by FY 1987, it
will lose five percent of its highway funds, and an
additional ten percent the next year if it has still not
raised its drinking age to 21. The penalties would lapse
after FY 1988, and if a state raised its drinking age to 21
thereafter it could reclaim the previously withheld funds.
The bill would also award "incentive grants" to states that
enact tougher drunk driving laws meeting specified standards
(including mandatory license suspension of 90 days and 100
hours of community service or 48 hours in jail for a first
offense). The bill increases authorizations for Federal
highway safety grants, and requires that states spend at
least eight percent of such grants in FY 1985 and 1986 on
automobile child restraint programs. Another grant
provision would encourage states to develop a comprehensive
recordkeeping system on traffic accidents.
The Administration supported this bill, which quickly passed
both Houses by voice vote. OMB, Transportation, and HHS
recommend approval; Justice defers. The memorandum from
Stockman indicates that Transportation has submitted a
signing statement, but we have not yet been blessed with a
copy.
Attachment
THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 4616 -- Minimum
Drinking Age, Drunk Driving, and
Other Highway Safety Amendments
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
We have not yet seen a copy of the Transportation signing
statement and accordingly are unable at this time to comment
upon it.
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THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill H.R. 3169 -- Renewable
Energy Industry Development Act
Richard Darman has asked for comments on the above-
referenced enrolled bill by 5:00 p.m. Wednesday, July 11.
This bill requires the Secretary of Commerce to conduct an
evaluation of the domestic renewable energy industry and
establish a program for enhancing commerce in renewable
energy technologies. He must report to Congress on these
matters by May 31, 1985. The bill also establishes an
interagency working group, chaired by the Secretary of
Energy, to coordinate Federal activities affecting commerce
in the renewable energy area.
The bill passed both Houses by voice vote, despite Adminis-
tration opposition based on the view that it was unnecessary.
Since the bill requires little more than is already being
done, OMB, State, and Energy recommend approval. Commerce,
USTR, and Treasury have no objection. No bill that mandates
particular studies and reports to Congress is desirable, but
the affected agencies in this case report that they are
already doing what the bill requires. Accordingly, I have
no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3169 -- Renewable
Energy Industry Development Act
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
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THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR FRED -F. FIELDING
FROM:
JOHN G. ROBERTS 82a
SUBJECT:
Enrolled Bill H.R. 5653 -- Energy and
Water Development Appropriation Bill, 1985
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business Wednesday,
July 11. The bill provides spending authority of some $17.1
billion for energy and water programs in the Departments of
Energy, Interior, and Defense, and various independent
agencies. Our office is of course in no position to express
any views on the appropriate funding levels for these
activities. My review of the bill has, however, disclosed a
constitutionally objectionable provision. Section 116 of
the bill provides that "Subject to approval by the Committees
on Appropriations, funds herein or hereafter provided may be
used [to acquire and maintain residences for Corps of
Engineers Division Commanders in areas where appropriate
housing is not otherwise available]." The requirement that
approval of the Committees on Appropriations be obtained
prior to the exercise of specific spending authority is an
unconstitutional legislative veto. Under Section 116,
action by a mere committee of either House is given legal
effect, contrary to the ruling in INS V. Chadha that Congress
can only affect substantive legal rights by complying with
the constitutional requirements for legislation.
The President should note his objection to this provision in
a signing statement. Under INS V. Chadha, whether the
authority exists to expend funds for the purposes described
in Section 116 will hinge on whether the unconstitutional
requirement of committee approval is severable. I have
alerted Justice to this problem and have been advised that
they will prepare and submit a draft signing statement
addressing Section 116.
I have no other legal objections. Section 504, a boilerplate
provision specifying that funds may not be used to implement
regulations disapproved "pursuant to a resolution of disapproval
duly adopted in accordance with the applicable law of the
United States" is not objectionable, since "the applicable
law of the United States" includes the Constitution, as
interpreted by the Supreme Court in INS V. Chadha.
- 2 -
A memorandum for Darman, alerting him to the Section 116
problem and advising him that we are awaiting language from
Justice, is attached for your review and signature.
-
Attachment
THE WHITE HOUSE
WASHINGTON
July 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 5653 -- Energy and
Water Development Appropriation Bill, 1985
Counsel's Office has reviewed the above-referenced enrolled
bill. Section 116 of the bill contains an unconstitutional
legislative veto provision. In purporting to condition the
exercise of specific spending authority on the approval of
the Committees on Appropriations, Section 116 runs afoul of
the Supreme Court's recent decision in Immigration and
Naturalization Service V. Chadha. In that case the Supreme
Court ruled that when Congress acts to affect legal rights
and powers it must comply with the constitutional requirements
for legislation. Disapproval of a single committee of
either House would, under Section 116, affect legal rights
and powers, yet hardly complies with the constitutional
requirements for legislation.
The requirement that approval from the Committees on Appro-
priations be obtained prior to expenditure of funds for the
purposes described in Section 116 is thus clearly invalid.
Whether the authority exists to spend funds for those
purposes depends on whether the approval requirement is
severable from the grant of spending authority. None of the
foregoing means that the President should disapprove the
entire bill, but he should note his objection to the unconsti-
tutional committee approval requirement in Section 116. I
have alerted the Department of Justice to the problem with
Section 116, and that Department will be submitting signing
statement language addressing the problem. The Department
will also provide guidance on the severability issue.
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