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Chron File (10/06/1984-10/14/1984)
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Chron File (10/06/1984-10/14/1984)
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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 (10/06/1984-10/14/1984)
Box: 65
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/
THE WHITE HOUSE
WASH NETON
October 9, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS gizen
SUBJECT:
Enrolled Bill H.R. 3979 --
Comprehensive Smoking Education Act
Richard Darman has asked for comments on the above-
referenced enrolled bill, by close of business today. This
bill, which passed both Houses by voice vote, would amend 15
U.S.C. § 1333 to require new, rotating warning labels on
cigarette packages and advertisements. It was the judgment
of Congress that, for some reason, cigarette smokers were
missing the point of the current label. Of the four new
labels, to be rotated on a quarterly basis, two are more
specific in describing the adverse health consequences of
cigarette smoking, one notes that cigarette smoke contains
carbon monoxide, and another advises that quitting smoking
greatly reduces serious health risks.
The bill would also require cigarette manufacturers to
provide the Secretary of HHS with an annual, detailed list
of all ingredients added to tobacco used in cigarettes. The
Secretary would be required to report to Congress on the
health effects of these additives. Finally, the bill would
direct the Secretary to "carry out a program to inform the
public of any dangers to human health presented by cigarette
smoking," and require her to form an "interagency committee"
on smoking and health. This committee will be comprised of
members from within HHS appointed by the Secretary,
representatives of the Departments of Labor and Education
and the FTC appointed by the respective heads of those
agencies, and five representatives of private entities
involved in informing the public about the health effects of
smoking, appointed by the Secretary of HHS. The committee
is thus more accurately described as an advisory committee
rather than an interagency committee.
All affected agencies either recommend approval or interpose
no objections. OMB reports that the bill is a compromise
agreed upon by interested members of Congress, the tobacco
industry, and "the public health community" (whatever that
is). I have reviewed the memorandum for the President
prepared by OMB Assistant Director for Legislative Reference
- 2 -
James M. Frey, and the bill itself, and have no objections.
One can but hope that the new labels will get through to
those who continue to smoke.
CC: Peter J. Rusthoven
H. Lawrence Garrett, III
Dianna G. Holland
CHOCK :
Ottizer 9, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL IC THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3979 --
Conprehensive Smoking Education Act
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no chyection to it from a legal perspective.
FFF: JGR:aea 10/9/84
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THE NHITE/HOUSE
M-SFINGTEN
October 9, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Resolution Regarding the Quadrennial
Report of the Commission on Executive,
Legislative and Judicial Salaries
Emory G. Hatcher, the Circuit Executive for the Tenth
Circuit, has written the President to forward a resolution
adopted by the Tenth Circuit Judicial Conference. The
resolution urges the President and Congress to accept
whatever the new Quadrennial Commission recommends with
respect to appropriate judicial salaries. According to the
resolution, the repeated failure in the past to accept
Commission recommendations has frustrated the very purpose
of the Commission and resulted in the failure to compensate
judges fairly.
At this point I recommend simply a brief note acknowledging
receipt of the resolution. The fact that it was transmitted
under a letter from the Circuit Executive suggests nothing
more is expected.
Attachment
Dear Mr. Hatcher:
Thank you for your letter of September 12, 1984 to the
President. That letter transmitted c resolution adopted by
the Sudicial Conference c ≤ the Tenth Judicial Circuit,
calling upon the President and Congress tc accept the
recommendations of the Quadrennial Report of the Commission
C : Executive, Lecislative, and Judicial Salaries.
ViE appreciate having the benefit of the views of the Tenth
Circuit Judicial Conference or this important subject, and
will certainly accord them the consideration merited by
their source. Thank you for sharing the resolution with us.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Emory G. Hatcher
Circuit Executive, United States
Court of Appeals for the Tenth Circuit
United States Courthouse
Denver, Colorado 80294
FFF:JGR:aea 10/9/84
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THE WHITE HOUSE
MABHINGTON
October 9, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
822
SUBJECT:
Request for a Copy of the Presidential
Seal for Reproduction of a Letter
From The First Lady
Brenda Smith of an Austin public relations firm has written
you to request a copy of the Seal of the President. One of
Smith's clients, ShowBiz Pizza, recently received a letter
of commendation from the First Lady for its activities to
combat drug and alcohol abuse among teenagers. ShowBiz
wants to display the letter in each of its pizza parlors,
but the embossed Presidential Seal will not, of course,
reproduce. Smith would like a copy of the Seal to accompany
the letter.
It is our policy to permit the Seal to be used in connection
with the publication of Presidential or First Lady letters.
Smith called Friday, and I told her that we could send her a
copy of the Seal, although I cautioned her concerning the
legal limits on its use. Smith indicated she was facing an
immediate deadline, so I expressed a copy of the Seal to
her, at her company's expense. I told her that a letter
memorializing my oral caution would follow shortly. A draft
of such a letter is attached for your review and signature.
Attachment
October i, 1984
Dear Ms. Smith:
Thank you for your letter c ≤ October :, 1984. In that
letter you requested, or. behalf c ≤ ShowBiz Pizza, C copy of
the Seal of the President, ShowBir recently received È
letter c : from the First Lady in connection
with its Teen Dance After Hours activity to combat drug and
alcohol abuse, and would like == display the letter with the
Seal.
You have discussed this matter with John Roberts of my
staff, who advised you that the Seal could be used in the
contemplated manner. Mr. Roberts further advised you,
however, that the permitted uses c : the Seal were limited by
law and that the Seal could not be reproduced or displayed
by you c: ShowBiz Pizza for any other purpose. = have
enclosed for your information a copy of the statute and
regulations governing use of the Seal. You should have
already received the copy of the Seal you requested.
Thank you for your inquiry. If you have any additional
questions, please CC not hesitate to contact this office.
Sincerely,
Fred F. Fielding
Counsel to the President
Ms. Brenda Smith
Media Communications
of Austin, Inc.
1001 MoPac Circle
Austin, Texas 78746
FFF:JGR:aea 10/9/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASH NGTON
October 9, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS OPR
SUBJECT:
Draft Proclamation: National Drunk
and Drugged Driving Awareness Week
Duncan Clark has asked for comments as soon as possible on
the above-referenced draft proclamation. The proclamation,
authorized and requested by S.J. Res. 303, was submitted by
Roger Porter and has been approved by OMB. You will recall
that this proclamation was originally circulated in July.
The original draft was seriously flawed in that it omitted
any mention of the President's signing of legislation to
encourage States to adopt a 21-year drinking age. By
memorandum dated July 23, you recommended that the draft be
rewritten to mention this significant development. OPD also
objected to the original draft, urging that it be rewritten
to coincide more closely with the Drug Strategy Report
prepared by Carlton Turner's office.
The present draft responds fully to our recommendation, and
that of OPD. I have no objections to this revised version.
Attachment
THE WHITE HOUSE
WASH NGTON
October 9, 1984
MEMORANDUM FOR DUNCAN CLARK
OFFICE OF WHITE HOUSE CORRESPONDENCE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Proclamation: National Drunk
and Drugged Driving Awareness Week
Counsel's Office has reviewed the above-referenced draft
perspective. proclamation, and finds no objection to it from a legal
FFF: JGR:aea 10/9/84
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THE WHITE HOUSE
WAEHINGTON
October 5, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 1762
SUBJECT:
Consent Decree in Alcan-Arco
Associate Deputy Attorney General Roger Clegg has advised me
that the Justice Department today announced the filing of a
consent decree settling its civil antitrust action chal-
lenging the acquisition by Aluminum Limited of Canada
(Alcan) of the aluminum producing assets of Atlantic
Richfield Company (Arco). Under the terms of the decree,
Arco must retain at least a 60 percent interest in its
newly-completed aluminum rolling mill in Kentucky. Alcan
will hold the other 40 percent in a production joint
venture. Arco had not yet used the mill to produce aluminum
cans, but had planned to do SO. If Alcan had been permitted
to acquire the mill in its entirety, the result would have
been the elimination of a significant new potential
competitor in the aluminum can market. (Alcan is the
non-Communist world's largest aluminum company.) Carefully
wrought conditions on the joint operation of the mill will
ensure that Alcan and Arco remain competitors in the product
market. The proposed decree has been filed with the U.S.
District Court in Louisville and will become final if
approved by the Court after a 60-day period for public
comment.
The case is noteworthy in two respects:
It is the first "potential competitor" case brought
by Justice in recent years. As noted, Arco was not yet in
the aluminum can market, but rather was a potential entrant.
The use of a production joint venture to settle the
case is an innovative approach. In this case this approach
was both economically efficient and helped preserve competi-
tion.
Pursuant to our usual procedures in such cases, I have
prepared a memorandum for Baroody, alerting him of this
newsworthy development from Justice.
Attachment
THE WHITE HOUSE
WAEHINGTON
October 5, 1984
MEMORANDUM FOR MICHAEL E. BAROODY
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Consent Decree in Alcan-Arco
You may receive inquiries on the following newsworthy item
announced by the Department of Justice today:
The Justice Department today announced the filing of a
consent decree settling its civil antitrust action chal-
lenging the acquisition by Aluminum Limited of Canada
(Alcan) of the aluminum producing assets of Atlantic
Richfield Company (Arco). Under the terms of the decree,
Arco must retain at least a 60 percent interest in its
newly-completed aluminum rolling mill in Kentucky. Alcan
will hold the other 40 percent in a production joint
venture. Arco had not yet used the mill to produce aluminum
cans, but had planned to do SO. If Alcan had been permitted
to acquire the mill in its entirety, the result would have
been the elimination of a significant new potential
competitor in the aluminum can market. (Alcan is the
non-Communist world's largest aluminum company.) Carefully
wrought conditions on the joint operation of the mill will
ensure that Alcan and Arco remain competitors in the product
market. The proposed decree has been filed with the U.S.
District Court in Louisville and will become final if
approved by the Court after a 60-day period for public
comment.
The case is noteworthy in two respects:
It is the first "potential competitor" case brought
by Justice in recent years. As noted, Arco was not yet in
the aluminum can market, but rather was a potential entrant.
The use of a production joint venture to settle the
case is an innovative approach. In this case this approach
was both economically efficient and helped preserve competi-
tion.
FFF:JGR:aea 10/5/84
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THE WHITE HOUSE
WASHINGTON
October 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
MR
SUBJECT:
New Items From the Boehm Studios
Katherine Shepherd of Presidential Correspondence has
referred to you a letter to the President from Mrs. Helen F.
Boehm, of the Boehm porcelain company. Shepherd states that
Mrs. Boehm is a friend of the Reagans. In her letter Mrs.
Boehm advises that a quotation from a Labor Day address of
the President -- "to make America great again and let the
Eagle soar" -- has inspired a new line of Boehm china,
featuring patriotic eagles. She enclosed with her letter a
mock-up brochure promoting the new line, prominently fea-
turing the President's quotation and identifying the source.
Mrs. Boehm wrote that she hopes "The Great American Heritage
Collection" "can be utilized to aid the party in raising
some important dollars for the Republican Inaugural
Committee."
The brochure as presently designed may convey the false
impression that the President has endorsed "The Great
American Heritage Collection." This would not only contra-
vene established White House policy concerning endorsement
of commercial products, but also, given this particular
pattern, call into serious question the President's taste in
dinner service. Of course, only the former point need be
made in the reply to Mrs. Boehm. The attached draft reply
also raises a cautionary note about use of the collection to
raise funds for the party. Since Mrs. Boehm is reportedly a
personal friend of the Reagans, I have prepared a memorandum
to Shepherd in order that the proposed reply may be reviewed
by her office before being sent.
Attachment
THE WHITE HOUSE
WASHINGTON
October 10, 1984
MEMORANDUM FOR KATHERINE SHEPHERD
PRESIDENTIAL CORRESPONDENCE OFFICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
New Items From the Boehm Studios
By memorandum dated September 20, 1984, you requested
guidance on a reply to a letter to the President from Mrs.
Helen F. Boehm. I have prepared a reply to Mrs. Boehm, for
my signature. If you agree, I will send it.
Attachment
FFF:JGR:aea 10/10/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 10, 1984
Dear Mrs. Boehm:
Thank you for your letter of September 17, 1984 to the
President. That letter and the accompanying materials raise
certain legal questions, and accordingly the letter has been
referred to this office for consideration and direct reply.
We are concerned that featuring the quotation from the
President on the brochures for "The Great American Heritage
Collection" could contravene established White House policy
on commercial endorsements. The White House adheres to a
policy of not approving any use of the President's name,
likeness, signature, or photograph in any manner that
suggests or could be construed as an endorsement of a
commercial product or enterprise. I am certain that you
will readily appreciate the need for this policy. In this
instance, there is the danger that the use of the quotation
of the President to introduce your new collection could be
misinterpreted by some as an endorsement of the collection
by the President. Accordingly, I must ask that you not use
the quotation or the President's name on the brochures. I
hope that you will understand why we must make this request,
and also that it in no sense constitutes an adverse reflection
on the exciting new collection featured in the brochure.
You also expressed your hope in your letter that the collection
could be used in some way to raise funds for the party.
There are of course various rules and regulations governing
political fundraising, so any particular proposal you have
in mind would have to be carefully reviewed prior to implemen-
tation to ensure compliance with all applicable laws. If
you have any questions, please do not hesitate to contact
this office, or counsel for the party, as may be appropriate.
Thank you for sharing your plans for this new collection
with us.
Sincerely,
Fred F. Fielding
Counsel to the President
Mrs. Helen F. Boehm
25 Fairfacts Street
Trenton, NJ 08638
FFF:JGR:aea 10/10/84
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THE WHITE HOUSE
WASHINGTON
October 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 82R
SUBJECT:
Request for Executive Review
of All Evidence in the Case
of Senator Harrison Williams
Jeanette Williams, wife of convicted Abscam figure Senator
Williams, has written the President requesting an "executive
review" of all the evidence in her husband's case and an
investigation of all who took part in the prosecution,
including former President Carter and Abscam trial judge
George Pratt (who, Mrs. Williams notes, was elevated to the
Court of Appeals after her husband's conviction). She
specifically does not request a pardon, since she maintains
her husband was guilty of no crime.
We also have outstanding an earlier letter from Mrs. Williams
to Mr. Baker, demanding that a Justice Department Office of
Professional Responsibility report on Abscam be made public.
You will recall that I submitted a draft reply for your
signature, advising Mrs. Williams that such reports are
internal Justice Department documents and are not available
for public dissemination, but that the report in question
contained nothing exculpatory. You sent the package back,
noting that you could not make such a statement without
reviewing the report. I sent back a revised reply, advising
Mrs. Williams that according to the Justice Department the
report contained nothing exculpatory. This too failed to
fly; you sent it back with the suggestion that Justice reply
to the letter.
At this point we should probably send both the letter to
Baker and the letter to the President to Justice for reply.
A memorandum to Dinkins accomplishing this is attached for
your review and signature.
Attachment
THE WHITE HOUSE
WASHINGTON
October 10, 1984
MEMORANDUM FOR CAROL E. DINKINS
DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request for Executive Review
of All Evidence in the Case
of Senator Harrison Williams
The attached letters from Jeanette Williams, wife of convicted
Abscam defendant Harrison Williams, are referred to the
Department of Justice for direct reply and whatever other
action you consider appropriate. The White House has not
responded to Mrs. Williams in any manner.
Many thanks.
FFF: JGR:aea 10/10/84
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THE WHITE HOUSE
WAEHINGTON
October 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 826
SUBJECT:
Expiration of Section 120
of the Internal Revenue Code
On September 19, I submitted draft replies for your
signature to letters Mr. Baker received from ABA President
Wallace D. Riley and former ABA Presidednt Morris Harrell.
Riley and Harrell wrote Baker to urge that the
Administration act to prevent Section 120 of the Internal
Revenue Code from expiring. As I explained in my
memorandum, Section 120 grants preferred tax treatment for
employer-funded legal assistance programs for employees.
Unless extended by Congress it will expire at the end of
this year pursuant to a sunset provision.
The draft replies I submitted noted that the Administration,
in Treasury testimony, opposed extension of Section 120.
You wrote back that the replies were difficult for you to
send, because you needed the support of Riley and Harrell on
another matter. The attached revised draft omits the
reference to the Administration position, simply thanking
the two for their views and assuring them that they will be
appropriately considered.
Attachments
THE WHITE HOUSE
WAEHINGTON
October 10, 1984
Dear Mr. Riley:
Thank you for your letter to White House Chief of Staff
James A. Baker, III, concerning the expiration of Section
120 of the Internal Revenue Code. In that letter you
expressed your support for extension of Section 120, which
provides special tax treatment for group legal services
plans.
We appreciate having the benefit of your views on this
matter, and I certainly recognize your particular interest
and that of the American Bar Association. Please be assured
that I will share your views and concerns with appropriate
officials at the Department of the Treasury.
Sincerely,
Fred F. Fielding
Counsel to the President
Wallace D. Riley, Esquire
American Bar Association
American Bar Center
Chicago, Illinois 60637
FFF:JGR:aea 10/10/84
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THE WHITE HOUSE
MAEHINGTON
October 10, 1984
Dear Mr. Harrell:
Thank you for your letter to White House Chief of Staff
James A. Baker, III, concerning the expiration of Section
120 of the Internal Revenue Code. In that letter you
expressed your support for extension of Section 120, which
provides special tax treatment for group legal services
plans.
We appreciate having the benefit of your views on this
matter, and I certainly recognize your particular interest
and that of the American Bar Association. Please be assured
that I will share your views and concerns with appropriate
officials at the Department of the Treasury.
Sincerely,
Fred F. Fielding
Counsel to the President
Morris Harrell, Esquire
4200 RepublicBank Tower
Dallas, Texas 75201
FFF: JGR:aea 10/10/84
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THE WHITE HOUSE
MAEHINGTON
October 10, 1984
MEMORANDUM FOR PETER J. WALLISON
GENERAL COUNSEL
U.S. DEPARTMENT OF THE TREASURY
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Expiration of Section 120
of the Internal Revenue Code
The attached correspondence to James A. Baker, III, together
with copies of my replies, is referred for whatever review
and additional reply, if any, you consider appropriate. The
correspondence, from the two most recent Presidents of the
American Bar Association, concerns the imminent expiration
of Section 120 of the Internal Revenue Code.
Attachments
FFF: JGR:aea 10/10/84
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THE WHITE HOUSE
WAEHINGTON
October 10, 1984
MEMORANDUM FOR MICHAEL E. BAROODY
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
JOHN G. ROBERTS D26R
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Presidential Questionnaire for
LTV/Wall Street Journal Employment
Advertisement (Prepared by Reagan-Bush'84)
Counsel's Office has reviewed the above-referenced proposed
questionnaire response, and finds no objection to it from a
legal perspective. The third sentence in the second
paragraph on the last page contains a redundancy --
"government intervention into the free market on the part of
government.' The last five quoted words can be dropped.
cc: Richard G. Darman
THE WHITE HOUSE
WAEAINGTON
October 10, 1984
MEMORANDUM FOR MICHAEL E. BAROODY
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
JOHN G. ROBERTS 8762
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Questionnaire for Firehouse
Magazine (Prepared by Reagan-Bush'84)
Counsel's Office has reviewed the above-referenced candidate
questionnaire, and finds no objection to it from a legal
perspective. In the first line of the answer to question
five, "desire" should be "deserve."
CC: Richard G. Darman
THE W - TE HOUSE
WASH 370N
October 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 9ZR
SUBJECT:
Continued Support for Ratification
of the Genocide Convention
R. Walter Bachman, President of the Hennepin County Bar
Association, has written the President on behalf of the
Association to urge his continued support for ratification
of the Genocide Convention. Bachman enclosed a resolution
adopted by the Association calling upon the Senate to ratify
the Convention.
On September 5, the Administration announced support for
ratification of the Convention, with rather uncontroversial
reservations and declarations. The President personally
committed himself to the Convention in his address the next
day before the B'nai B'rith International Convention. I
recommend a brief reply to Bachman, quoting the President's
remarks. A draft is attached.
Attachment
October 11, 1984
Dear :- Bachnan:
Thank you it: your letter c é September 25, 1984 IC the
President. : that letter you Urced the President IC
CONTITUE = support ratification of the Gerocide Convention.
You BLSC enclosed a resolution adopted : the Hennepin
County Bar Association, UNCINC the Senate IC give IDE advice
and consent to ratificetion of the Convention.
As you doubtless know, the Adhinistration announced its
support for ratification C.T. September 5, 1984. Or. Septem-
ber 6, the President discussed the Convention:
With E obutious view, = - part due IC the human rights
BCUSSE performed ET some nations that have already
retified the documents, our Administration has
conducted E lonc and exhaustive study of the
Convention. And yesterday, as a result of that review,
WE announced that WE will vigorously support,
consistent with the United States Constitution, the
ratification c ≤ the Genocide Convention. And I want
you to know that WE intend to use the Convention in our
efforts to expand human freedom and fight human rights
abuses around the world.
Thank you for sharing with us the views of the Hennepin
County Bar Association on this important matter. Like you,
we look forward to ratification of the Convention.
Sincerely,
Fred F. Fielding
Counsel to the President
R. Walter Bachman, Esquire
Hennepin County Bar Association
430 Marquette Avenue
Powers Building, Suite 402
Minneapolis, Minnesota 55401
FFF: JGR:aea 10/10/84
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THE WHITE : HOUSE
MASHINGTON
October 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 126
SUBJECT:
Enrolled Resolution S.J. Res. 260 --
National Blood Pressure Awareness Week
Richard Darman has asked for comments on the above-
referenced enrolled resolution by 10:00 a.m. today. This
resolution reviews the high incidence and costs of hyper-
tension, and notes that it can be easily detected and
controlled. The resolution would designate the week
beginning November 11 as "National Blood Pressure Awareness
Week," authorizing and requesting the President to issue an
appropriate proclamation. It passed both Houses by voice
vote. OMB and HHS recommend approval. I have reviewed the
memorandum for the President prepared by OMB Assistant
Director for Legislative Reference James M. Frey, and the
resolution itself, and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
October 11, 1984
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Presidential Address:
Greenville Technical College --
Greenville, South Carolina
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective. I
do, however, question the concluding phrase of the penultimate
sentence. I had always supposed -- and the Book of Genesis
backs me up on this -- that God concerned Himself with
creating more basic things than nations. I would further
suppose that if God did go about creating nations, it would
be unusual for Him to do a better job with some than others.
When the Founding Fathers created this Nation, they did so
"with a firm reliance on the Protection of Divine Providence,"
but they did not suppose they had called forth a divine
creation. I would delete "the greatest Nation God ever
created.'
cc: Richard G. Darman
FFF:JGR:aea 10/11/84
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1.40.00
..-
:
Ottober 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TC THE PRESIDENT
FROM:
FREE F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.D. . Res. 260 --
Natuonal Blood Pressure Awareness Week
Coursel's Office has reviewed the above-referenced enrolled
resolution, and funds IC objection to :- from E legal
perspective.
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THE WHITE HOUSE
WASHINGTON
October 11, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS OFR
SUBJECT:
Proposed Presidential Radio Talk: Economy
Richard Darman has asked that comments be sent directly to
Ben Elliott on the above-referenced remarks by 4:00 p.m.
today. The remarks review the progress of the economic
recovery and ask listeners whether they want to continue
down the path of recovery and growth or return to the
policies of the Carter-Mondale Administration. The remarks
repeat the central theme of the domestic side of the
campaign: that deficits can be cut by continued growth
rather than the tax increases proposed by Mr. Mondale. I
have reviewed the remarks and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
October 11, 1984
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Presidential Radio Talk: Economy
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.
cc: Richard G. Darman
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THE WHITE HOUSE
WASHINGTON
October 11, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS ose
SUBJECT:
Proposed Presidential Address:
Greenville Technical College --
Greenville, South Carolina
Richard Darman has asked that comments be sent directly to
Ben Elliott on the above-referenced remarks by 11:00 a.m.
today. The remarks are the standard campaign remarks,
criticizing Mr. Mondale for his plan to increase taxes and
being weak on defense. The President also criticizes his
opponent for opposing the Space Shuttle when it was first
proposed. I have reviewed the remarks and have no legal
objections. I do, however, object to the concluding phrase
of the penultimate sentence, which refers to the United
States as "the greatest Nation God ever created."
According to Genesis, God creates things like the heavens
and the earth, and the birds and fishes, but not nations. I
do not know if this objection is the sort you would like to
raise, but the phrase strikes me as ill-advised and, particu-
larly in light of the focus on the religion and politics
issue, a likely candidate for the "Reaganism of the Week"
column.
Attachment
THE WHITE HOUSE
WASHINGTON
October 11, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JOR
SUBJECT:
Proposed Presidential Remarks:
Reagan-Bush Rally, Macon, GA
Richard Darman has asked that comments be sent directly to
Ben Elliott on the above-referenced remarks by 11:00 a.m.
today. The remarks discuss the contrasting positions of the
two candidates on the economy, stressing that Mr. Mondale
would raise taxes while the President would work to lower
taxes further. The remarks conclude by criticizing Mr.
Mondale's record on defense, noting that he would cut many
major defense systems. I have reviewed the remarks and have
no objections.
Attachment
THE WHITE HOUSE
WAEHINGTON
October 11, 1984
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Presidential Remarks:
Reagan-Bush Rally, Macon, GA
Counsel's Office has reviewed the above-referenced remarks,
and finds no objection to them from a legal perspective.
cc: Richard G. Darman
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THE WHITE HOUSE
WASHINGTON
October 11, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
JOHN G. ROBERTS 02R
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S.J. Res. 332 -- World Food Day
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
THE WHITE HOUSE
WASHINGTON
October 12, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 826
SUBJECT:
Correspondence From Kim Costanza
on Behalf of Her Father Who Has
Been Involved in Entrapment Cases
With State Police and the F.B.I.
Kim Costanza of Bricktown, New Jersey has written the
President two identical letters, requesting an investigation
into the F.B.I. undercover operation that resulted in the
conviction of her father. According to Costanza's letter,
her father is required to report to begin serving his
sentence October 5 -- the letter is dated October 4 -- while
his appeal is pending before the Supreme Court. The case is
being handled by Ramsey Clark, but Costanza notes that "as
usual" he has been "called to El Salvador" and the matter is
being handled by one of his law clerks. Costanza asks that
her father be permitted to remain at home while an investi-
gation is conducted.
The White House should not become involved in this pending
criminal case. I have prepared a memorandum for your
signature, referring the correspondence to the Department of
Justice.
Attachment
THE WHITE HOUSE
WASHINGTON
October 12, 1984
MEMORANDUM FOR CAROL E. DINKINS
DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence From Kim Costanza
on Behalf of Her Father Who Has
Been Involved in Entrapment Cases
With State Police and the F.B.I.
The attached letters to the President, written on behalf of
a Federal convict by his daughter, are referred for whatever
direct reply you consider appropriate. The letters complain
about entrapment and note that the convict's case is pending
before the Supreme Court. We have not responded in any way.
Attachments
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THE WHITE HOUSE
WASHINGTON
October 12, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS FJR
SUBJECT:
Request for Permission to Declare
October 13-21 Child Abuse Awareness Week
Brother John Foster, Director and Founder of the Kids for
Christ Foundation of Portsmouth, Ohio, has written Merrie
Spaeth to ask for permission from the President to declare
next week, October 13-21, Child Abuse Awareness Week in
Portsmouth. The week was chosen because there will be a
seminar on the subject in Portsmouth at that time. Foster
is requesting Presidential permission because some misguided
bureaucrat in the city manager's office told him it was
required.
Portsmouth, of course, can have any week it wants without
Presidential permission. Congress and the President have in
fact acted in this area: Congress passed Public Law 98-230,
which the President signed on March 12, designating April
1984 as "National Child Abuse Prevention Month." The
appropriate proclamation was issued on April 3. The attached
letter advises Foster that no Presidential permission is
required for the activities he has planned, and also advises
him of the action taken in April at the Federal level.
Attachment
THE WHITE HOUSE
WAEHINGTON
October 12, 1984
Dear Brother Foster:
This responds to your letter of October 4, 1984, to Merrie
Spaeth of the White House staff. In that letter you reviewed
some of the activities to promote child abuse awareness you
have planned for October 13-21 in Portsmouth. You stated
that you had been advised that you needed permission from
the President before designating that period Child Abuse
Awareness Week in Portsmouth.
No such permission from the President is required for a
local program of the type described in your letter. It is
true that the President, from time to time, issues proclama-
tions calling upon all Americans to observe a particular
day, week, or month, but those proclamations are nation-wide
and are typically issued in response to a joint resolution
passed by Congress. For example, and of particular interest
in the present context, the President signed a proclamation
on April 3 of this year designating April 1984 as "National
Child Abuse Prevention Month." The proclamation was authorized
and requested by Congress pursuant to Public Law 98-230,
which the President signed into law on March 12, 1984. I
have enclosed for your information a copy of this proclamation.
This proclamation, and the wide range of other steps the
Administration has taken in this area, demonstrate our
commitment to do everything we can about this tragic problem.
Thank you for your inquiry, and best of luck with your
program.
Sincerely,
Fred F. Fielding
Counsel to the President
Brother John D. Foster
Director & Founder
Kids for Christ Foundation
P.O. Box 1049
Portsmouth, Ohio 45662
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Media Relations
THE WHITE HOUSE
WASHINGTON
October 12, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS $20
SUBJECT:
Proposed Executive Order Entitled
"National Commission on Space"
Richard Darman has asked for comments by 10:00 a.m. today on
the above-referenced proposed executive order. This executive
order implements the directive in Public Law 98-361, signed
July 16, 1984, that the President establish, within 90 days
(by October 14, 1984), a National Commission on Space.
98 Stat. 427, to be codified at 42 U.S.C. § 2451 note. The
pertinent provision in Public Law 98-361 is unusual in that
it specifies the membership and functions of the Commission,
but does not by its terms establish the Commission.
Typically, a bill will either establish a commission of this
sort, with all the necessary details, or simply direct the
President to do SO. The approach in this bill is an odd
combination of the two. The executive order, accordingly,
basicly tracks the language of the statute as to the
composition and duties of the Commission.
The Commission is to be composed of fifteen voting members
appointed by the President, with specified expertise, up to
nine non-voting members designated by the President repre-
senting Federal agencies, two Senators appointed by the
President of the Senate and two House members appointed by
the Speaker. The congressional members are to serve in an
"advisory, non-voting" capacity. The Commission is to study
U.S. space activities and formulate an agenda for the
civilian space program, reporting to Congress and the
President within one year.
The order, submitted by the Office of Science and Technology
Policy, has been approved by OMB and, as to form and
legality, by the Justice Department Office of Legal Counsel.
The service on the Commission of four members of Congress,
appointed by the President of the Senate and the Speaker of
the House rather than the President, is not troublesome.
These four members are explicitly advisory, non-voting
members. (Even if they were allowed to vote there would be
no constitutional objection, since the entire Commission has
only advisory functions.) I have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
October 12, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Executive Order Entitled
"National Commission on Space"
Counsel's Office has reviewed the above-referenced proposed
executive order, and finds no objection to it from a legal
perspective.
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