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Chron File (10/06/1984-10/14/1984)
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135839920
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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 CC: FFFielding/JGRoberts/Subj/Chron 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 CC: FFFielding/JGRoberts/Subj/Chror 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 CC: FFFielding/JGRoberts/Subj/Chron 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 CC: FFFielding/JGRoberts/Subj/Chron 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 CC: FFFielding/JGRoberts/Subj/Chron 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 CC: FFFielding/JGRoberts/Subj/Chror 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 bcc: FFFielding/JGRoberts/SUbj/Chron 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 bcc: FFFielding/JGRoberts/SUbj/Chron 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 CC: FFielding/JGRoberts/Subj/Chron 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 bcc: FFielding/JGRoberts/Subj/Chror 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 CC: FFFielding/JGRoberts/Subj/Chron 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. FFF: JGR:aea 10/10/84 CC: FFFielding/JGRoberts/Subj/Chror 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 FFF: JGR:aea 10/11/84 CC: FFFielding/JGRoberts/Subj/Chron 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 FFF: JGR:aea 10/11/84 CC: FFielding/JGRoberts/Subj/Chron 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 FFF:JGR:aea 10/12/84 CC: FFFielding/JGRoberts/Subj/Chron 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 FFF: JGR:aea 10/12/84 CC: FFFielding/JGRoberts/Subj/CHron bcc: Merrie Spaeth 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. FFF: JGR:aea 10/12/84 CC: FFFielding/JGRoberts/Subj/chron