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Chron File (01/01/1986-01/16/1986)
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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 (01/01/1986-01/16/1986)
Box: 66
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
WASHINGTON
January 2, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Correspondence Praising the
President for the Geneva Summit
Judge Gary Crippen of the Minnesota intermediate appellate
court has written to let the President know he approves of
the recent thawing in American-Soviet relations, even though
he is "not a partisan supporter of the Reagan presidency."
The attached draft reply for your signature thanks Crippen
for his encouragement, answers his Learned Hand quotation
with a better one, and cites the New Year's exchange of
greetings as evidence of continued improvement in our
relations with the Evil Empire.
Attachment
THE WHITE HOUSE
WASHINGTON
January 2, 1986
Dear Judge Crippen:
Thank you for your letter tc President Reagan, commending
the President for his recent efforts tc improve relations
with the Soviet Union. It 15 always encouraging to receive
such supportive letters, particularly from those who are not
partisan supporters of the Administration. As I am certain
you will agree, the cause of world peace is not a partisar
issue, but one that unites all Americans.
Your quotation of Judge Learned Hand called to mind another
of Hand's statements: "There is no democracy among human
values, however each may cry out for an equal vote."
Throughout his tireless efforts tc improve relations with
the Soviets, the President has never lost sight of the fact
that our systems are not the same, that they are not morally
equivalent, that the divisions between our countries can be
traced to our fundamental belief that governments derive
their just powers from the consent of the governed, and the
Soviets' systematic denial of that principle not only in
that Soviet Union but abroad as well.
The President recently articulated the need to move toward
greater mutual understanding with the Soviets, while reaf-
firming the values at the core of our democratic heritage,
in his New Year's message to the Soviet people. In light of
your interest in this area, I have enclosed a copy of the
message for your information.
Thank you again for taking the time to share your views with
us. We appreciate hearing from you.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Gary L. Crippen
The Minnesota Court of Appeals
1300 Amhoist Tower
St. Paul, Minnesota 55102
FFF: JGR:aea 1/2/86
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THE WHITE HOUSE
WASHINGTON
January 2, 1986
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
SUBJECT:
Organized Crime Article
Like Macbeth's ghost the organized crime article continues
to rise and haunt us. Jensen now says the article can be
published after January 19 of this year.
Previously Justice advised that it could not substantiate
mob involvement in the toxic waste, sports, and funeral home
areas (pages 1 and 3), yet those items still appear in this
revised draft. On page 4, line 18, "Racketeer Influenced
and Criminal Organizations" should be "Racketeer Influenced
and Corrupt Organizations."
The attached memorandum for Chew defers to Justice,
dubitante, on the appropriateness of publishing the article.
Attachment
THE WHITE HOUSE
WASHINGTON
January 2, 1986
MEMORANDUM FOR DAVID L. CHEV
STAFF SECRETARY
FROM:
RICHARD t. HAUSEP
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Organized Crime Article
The Department of Justice, for reasons that are not clear,
has changed Its views and now believes that the organized
crime article may be published after January 19, 1986,
without affecting pending prosecutions. I will defer,
dubitante, tc the Department's conclusion.
The Racketeer Influenced and Corrupt Organizations Act is
incorrectly cited on page 4, line 18 as the "Racketeer
Influenced and Criminal Organizations" Act. In addition,
the Department previously advised that it could not sub-
stantiate mob involvement in the toxic waste, sports, and
funeral home areas. References to those areas should
accordingly be deleted on pages 1 and 3 of the draft.
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RAHauser
JGRoberts
Subj
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THE WHITE HOUSE
WaBHINGTON
January 6, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY AND DEPUTY ASSISTANT
TO THE PRESIDENT
FROM:
ASSOCIATE COUNSEL DR TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Deferment of Lt. General Rockwell's
Retirement Date
Counsel's office has reviewed the proposed deferral of
retirement of General Rockwell, and finds no objection to it
from a legal perspective.
THE WHITE HOUSE
WASHINGTON
January 6, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Developments in Gramm-Rudman Litigation
Plaintiffs in Synar V. United States are due to file a
response today to the Government's motion to dismiss their
suit for want of standing. The standing dispute, however,
is likely to be rendered moot in light of the motion by the
National Treasury Employees Union (NTEU) to intervene in the
Synar suit. NTEU would have standing, and the presence of
plaintiffs without standing (Synar) does not affect a suit
so long as one plaintiff (NTEU) has standing. No final
decision yet, but it appears that neither Justice nor Synar
will oppose the NTEU motion to intervene, and that Justice
will file a brief on the merits on January 8.
THE WHITE HOUSE
WASHINGTON
January 6, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Request for Congratulatory Note
from the President to Commemorate
100th Anniversary of Sun Company
The Vice President of Sun Company has requested a message
from the President congratulating the company on its centen-
nial anniversary. He has apparently gotten wind of our
policy against such messages, and argues for an exception
because (1) the message will only be used in an internal
commemorative book, and (2) Sun Company has such an excellent
record of corporate citizenship.
The attached standard reply has been expanded by the addition
of a new third paragraph, dealing with the suggestion that
an exception should be made for Sun.
Attachment
THE WHITE HOUSE
WASHINGTON
January E, 1986
Dear Mr. Wylie:
Thank you for your recent letter requesting E Presidential
message congratulating Sur Company or. Its 100th anniversary.
- = - an sorry tc advise you that WE must decline this request.
Throughout the Administration, the White House has sought tc
adnere tc E policy of not sending Presidential congratulatory
messages to commercial entities. As you micht expect, the
White House receives numerous requests for such messages.
Both because It would be impossible to honor some requests
without unintentionally offending those whose requests were
declined, and because of concerns about the President
sending congratulations to any particular company in a given
competitive business, it was decided that the only fair
method of dealing with such requests would be to adopt a
general rule that the President would not send messages for
commercial events.
Your letter acknowledged this policy but argued for an
exception based on the limited contemplated use of the
requested Presidential message, and Sun Company's record of
corporate citizenship. We have adhered to our policy in
previous instances despite similar assurances with respect
to use of the message. Nor do I believe it advisable or
even possible for the White House to attempt to evaluate
corporate history in deciding whether anniversary messages
should be issued.
Obviously, Sun Company is celebrating an important event,
and I can understand your seeking a message for this occasion.
At the same time, though, I know you can understand the
reasons we must adhere to the policy described above, in
fairness to all who have requested such Presidential messages.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Thomas L. Wylie
Sun Company, Inc.
Suite 820
1800 K Street, N.W.
Washington, D.C. 20006
FFF: JGR:aea 1/6/86 FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
January 7, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
826R
SUBJECT:
Treasury's Regulations Implementing
Executive Order Regarding Libya Sanctions
Treasury has submitted draft regulations under the Libyan
Executive Order and asked for our comments by 5:30 p.m.
today. The regulations are consistent with the Executive
Order. Among other things, they permit goods that have been
loaded for export before the effective date to leave, and
goods that have arrived for import before the effective date
to be unloaded. Payments for such goods are authorized,
even after the effective date of the Order. The regulations
also clarify that the use of intermediary countries removes
the Libyan taint from goods, both coming and going, only if
the Libyan goods or Libyan destined goods are incorporated
into manufactured products or otherwise substantially
transformed in the intermediary country. Mere trans-
shipment does not evade the Order's prohibitions.
The only objection I have to the regulations is on page 1,
line 5 of the Summary, in which the current draft states
that the President delegated his authority under IEEPA to
the Secretary of the Treasury. This was true of an earlier
version of the Executive Order, but it was my view that the
authorities of the President under IEEPA are so extreme that
they should not be SO starkly delegated. The final version
of the Order thus authorizes the Secretary "to take such
actions, including the promulgation of rules and regulations,
as may be necessary to carry out the purposes of this
Order." The language in the regulations summary should be
changed to more accurately reflect the Executive Order.
Attachment
THE WHITE HOUSE
WAEHINGTON
January i, 1986
MEMORANDUM FOR DENNIS M. O'CONNELL
DIRECTOR, OFFICE OF FOREIGN
ASSETS CONTROL
U.S. DEPARTMENT OF THE TREASURY
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Treasury's Regulations Implementing
Executive Order Regarding Libva Sanctions
I have reviewed the proposed Libyan Sanctions Regulations.
Ir. lines 5-6 of the Summary section, i= is stated that the
President delegated his authority under IEEPA to the Secretary
of the Treasury. That is an inaccurate summary of the final
version of the Executive Order. The Order authorized the
Secretary "to take such actions, including the promulgation
of rules and regulations, as may be necessary to carry out
the purposes of this Order."
= recommend deleting "delegating his authority under that
Act to the Secretary of the Treasury" and substituting
"authorizing the Secretary of the Treasury to take such
actions, including the promulgation of rules and regulations,
as may be necessary to carry out the purposes of this
Order."
FFF: JGR:aea 1/7/86
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THE WHITE HOUSE
WASHINGTON
January 7, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS $26
SUBJECT:
Talking Points on Tax Reform
David Chew has asked that comments on the attached tax
reform talking points be sent directly to Tom Gibson by noon
tomorrow. The talking points review the highlights of the
House bill, and note that the President hopes improvements
in the bill will be made by the Senate. The draft notes
that the President will oppose final legislation that is not
true reform or which threatens growth. I see no legal
problems.
Attachment
THE WHITE HOUSE
WASHINGTON
January =, 1986
MEMORANDUM FOR TOM GIBSON
SPECIAL ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Talkinc Points or. Tax Reform
Counsel's Office has reviewed the above-referenced talking
points, and finds no objection to them from a legal perspective.
CC: David L. Chew
FFF: JGR:aea 1/7/86
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THE WHITE HOUSE
WASHINGTON
January 7, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
JR
SUBJECT:
Executive Order: Economic
Sanctions Against Libya
We have received the proposed Libyan Executive Order, as
approved by the Office of Legal Counsel. The procedures for
declaring a national emergency under IEEPA are correctly
followed in the Order, and the appropriate statutory pro-
visions are cited. With respect to the question you raised
this morning, most of the prohibitions in the Order do not
take effect until February 1, which provides time for
Americans in Libya to wind down their affairs. In addition,
under subsection 1 (g), travel transactions necessary to
depart Libya are excepted from the prohibitions.
In the last paragraph of Section 1, on page 2, "any" in the
first line should be deleted.
I have discussed with Mr. Hauser and the Clerk's Office the
issues raised by reporting to Congress under IEEPA when
Congress is in recess. It is my view that the report should
be styled not a "report to Congress" but rather a letter to
the Speaker and the President of the Senate. This is
consistent with past practice on required reports during
recesses (though the issue has never arisen with IEEPA
reports). I do not think we should go out of our way to
raise the recess issue in additional language in the report.
State submitted and Chew staffed a superfluous letter to be
sent to the Hill leadership, apart from the required report.
The attached memorandum for your signature notes that this
is unnecessary, and that if such letters are sent they
should be revised SO as not to be confused with the
statutorily required report.
Attachment
THE WHITE HOUSE
WASHINGTON
January =, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Executive Order: Economic
Sanctions Against Libya
I have reviewed the proposed Executive Order on Libya, and
have no legal objection to its issuance. On page 2, line
23, "any" should be deleted.
The formal report required by IEEPA should not be sent tc
the Congress but rather to the Speaker of the House and the
President of the Senate, because the Congress is in recess.
This approach 15 consistent with past practice and our legal
positions on pocket vetoes, recess appointments, and related
issues. The report should not begin "To the Congress of the
United States," and in line 5 "to the Congress" should be
deleted.
The transmittal letter intended to be sent to the Hill
leadership is unnecessary. The reporting requirement will
be fulfilled by sending the revised "report to Congress" to
the Speaker and President of the Senate. A letter may be
sent to the Hill leadership to advise them of the President's
action, but such a letter should not be confused with the
required report. If such additional letters are sent, the
opening paragraph should not be as it appears in the staffed
draft, since that paragraph suggests that the letter 15 the
statutorily required report.
FFF: JGR:aea 1/7/86
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JGRoberts
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THE WHITE HOUSE
WASHINGTON
January 7, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
826R
SUBJECT:
Treasury's Regulations Implementing
Executive Order Regarding Libya Sanctions
Treasury has submitted draft regulations under the Libyan
Executive Order and asked for our comments by 5:30 p.m.
today. The regulations are consistent with the Executive
Order. Among other things, they permit goods that have been
loaded for export before the effective date to leave, and
goods that have arrived for import before the effective date
to be unloaded. Payments for such goods are authorized,
even after the effective date of the Order. The regulations
also clarify that the use of intermediary countries removes
the Libyan taint from goods, both coming and going, only if
the Libyan goods or Libyan destined goods are incorporated
into manufactured products or otherwise substantially
transformed in the intermediary country. Mere trans-
shipment does not evade the Order's prohibitions.
The only objection I have to the regulations is on page 1,
line 5 of the Summary, in which the current draft states
that the President delegated his authority under IEEPA to
the Secretary of the Treasury. This was true of an earlier
version of the Executive Order, but it was my view that the
authorities of the President under IEEPA are so extreme that
they should not be so starkly delegated. The final version
of the Order thus authorizes the Secretary "to take such
actions, including the promulgation of rules and regulations,
as may be necessary to carry out the purposes of this
Order." The language in the regulations summary should be
changed to more accurately reflect the Executive Order.
Attachment
THE WHITE HOUSE
WAEHINGTON
January 7, 1986
MEMORANDUM FOR DENNIS M. O'CONNELL
DIRECTOR, OFFICE OF FOREIGN
ASSETS CONTROL
U.S. DEPARTMENT OF THE TREASURY
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Treasury's Regulations Implementing
Executive Order Regarding Libya Sanctions
I have reviewed the proposed Libyan Sanctions Regulations.
Ir lines 5-6 of the Summary section, it is stated that the
President delegated his authority under IEEPA to the Secretary
of the Treasury. That is an inaccurate summary of the final
version of the Executive Order. The Order authorized the
Secretary "to take such actions, including the promulgation
of rules and regulations, as may be necessary to carry out
the purposes of this Order."
I recommend deleting "delegating his authority under that
Act to the Secretary of the Treasury' and substituting
"authorizing the Secretary of the Treasury to take such
actions, including the promulgation of rules and regulations,
as may be necessary to carry out the purposes of this
Order.'
FFF: JGR:aea 1/7/86
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THE WHITE HOUSE
WASHINGTON
January 8, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Pan Am/United Pacific Route
Nancy Reynolds has written concerning the pending negotiations
with the Japanese to obtain their agreement for United to replace
Par Am on routes into Japan. As you know, the Department of
Transportation approved, and the President did not disapprove,
the transfer of Pan Am's Pacific routes to United. United must
now replace Pan Am as a designated U.S. carrier in our bilateral
aviation agreements with Japan and the other Pacific destinations.
Under our bilateral agreement with Japan, the U.S. has the right
to designate the carriers to land in Japan -- replacing Pan Am
with United should be pro forma. As Reynolds points out in her
letter, however, the Japanese have exploited such occasions in
the past to obtain unilateral concessions in other areas.
Reynolds urges the Administration to resist any such efforts in
this case. Reynolds attached a copy of an earlier letter to the
President from ten Senators, making the same point.
I have been trying to determine what happened to the response to
the letter from the Senators before fashioning a reply to Reynolds.
The incoming was staffed to USTR for response, but apparently was
lost in the system between State and USTR. Only now are State
and USTR preparing a reply.
According to the responsible officials at USTR and State, what
Reynolds and the Senators suspected would happen has in fact
occurred: the Japanese are seeking concessions before approving
the substitution of United for Pan Am. Our negotiators are
taking the course urged by Reynolds, and resisting any con-
cessions. Reynolds has contacted the USTR officials directly.
A story on this problem appeared in today's Post federal page
(attached).
The attached reply for Reynolds notes that it 1S the Administration's
policy to resist any concessions.
Attachment
THE WHITE HOUSE
WASHINGTON
January E, 1986
Dear Nancy:
Thank you for your letter on aviation negotiations with Japan tc
substitute United for Pan Am or. Pacific route designations. Ir.
that letter you urged that the Administration not agree to con-
cessions to obtain Japanese agreement to the designation of a new
United States carrier.
As you know, negotiations are proceeding with the Japanese, and,
as you suspected might be the case, It appears that the Japanese
are attempting to obtain concessions in exchange for agreeing to
the new designation. While : cannot comment or the specifics of
the negotiations, it is 1r. fact our policy to resist such con-
cessions, and our negotiators are doinc everything possible to
accomplish the new designation in a timely fashion without ac-
verse consequences to the United States. : understand that you
have beer in touch with some of the officials involved. Please
be letter. assured that they appreciate the concerns expressed in your
With all best wishes,
Sincerely,
Fred F. Fielding
Counsel to the President
Ms. Nancy Clark Reynolds
Wexler, Reynolds, Harrison 0 Schule, Inc.
1317 F Street, N.W., Suite 600
Washington, D.C. 20004
FFF: JGR:aea 1/8/86
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THE WHITE HOUSE
WAEHINGTOR
January E, 1986
Dear Nancy:
Thank you for your letter or aviation negotiations with Japan tc
substitute United for Par An or. Pacific route designations. II.
that letter you urged that the Administration not agree to con-
cessions tc obtain Japanese agreement to the designation of a new
United States carrier.
As you know, negotiations are proceeding with the Japanese, and,
as you suspected might be the case, It appears that the Japanese
are attempting to obtain concessions in exchange for agreeing to
the new designation. While : cannot comment or. the specifics of
the negotiations, It is in fact our policy to resist such cor-
cessions, and our negotiators are doing everything possible IC
accomplish the new designation in a timely fashion without ac-
verse consequences tc the United States. : understand that you
have beer. in touch with some of the officials involved. Please
DE assured that they appreciate the concerns expressed 11. your
letter.
With all best wishes,
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel ti the President
Ms. Nancy Clark Reynolds
Wexler, Reynolds, Harrison δ Schule, Inc.
1317 F Street, N.W., Suite 606
Washington, D.C. 20004
FFF:JGR:aea 1/8/86
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THE WHITE HOUSE
WASHINGTON
January 8, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Par Am/United Pacific Route
Nancy Reynolds has written concerning the pending negotiations
with the Japanese tc obtain their agreement for United to replace
Par An o: routes into Japan. As you know, the Department of
Transportation approved, and the President did not disapprove,
the transfer of Pan Am's Pacific routes to United. United must
now replace Pan An as a designated U.S. carrier in our bilateral
aviation agreements with Japan and the other Pacific destinations.
Under our bilateral agreement with Japan, the U.S. has the right
to designate the carriers to land in Japan -- replacing Pan Am
with United should be pro forma. As Reynolds points out in her
letter, however, the Japanese have exploited such occasions in
the past to obtain unilateral concessions in other areas.
Reynolds urges the Administration to resist any such efforts in
this case. Reynolds attached a copy of an earlier letter to the
President from ten Senators, making the same point.
I have been trying to determine what happened to the response to
the letter from the Senators before fashioning a reply to Reynolds.
The incoming was staffed to USTR for response, but apparently was
lost in the system between State and USTR. Only now are State
and USTR preparing a reply.
According to the responsible officials at USTR and State, what
Reynolds and the Senators suspected would happen has in fact
occurred: the Japanese are seeking concessions before approving
the substitution of United for Pan Am. Our negotiators are
taking the course urged by Reynolds, and resisting any con-
cessions. Reynolds has contacted the USTR officials directly.
A story on this problem appeared in today"s Post federal page
(attached).
The attached reply for Reynolds notes that it is the Administration's
policy to resist any concessions.
Attachment
THE WHITE HOUSE
WASHINGTON
January 13, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DR
SUBJECT:
Individuals Covered Under
18 U.S.C. § 1751
Assistant Attorney General Trott has asked for an updated list
of those covered by 18 U.S.C. § 1751, the provision imposing
Federal penalties for the killing or kidnapping of certain
high-level Executive branch officials. In his letter Trott
questions the accuracy of the previous list, noting that it
seems to contain 26 Level II Presidential staff positions,
when 3 U.S.C. § 105 (a) (2) (A) provides for no more than 25 such
positions.
The lists we have been providing Trott have been incorrect, but
not for the reason Trott noted. Our lists contain all Level
IIs in the Executive Office of the President. There can be more
than 25 such positions. The 25 cap only applies to Presidential
assistants appointed under 3 U.S.C. § 105 (a) (2) (A), but there are
some Level IIs in the EOP appointed under other provisions. For
example, the Director of OMB is a Level II in the EOP, but he is
appointed under 31 U.S.C. § 502 (a), not 3 U.S.C. § 105 (a) (2) (A).
Coverage under 18 U.S.C. § 1751 extends to those appointed under
3 U.S.C. § 105 (a) (2) (A), not to all Level IIs in the EOP. Our
lists, however, have been of those in the latter category, and
accordingly have been over-inclusive. This error apparently arose
from the framing of the original Justice request, which asked for
"The employees appointed pursuant to 3 U.S.C. § 105 (a) (2) (A), that
is persons who are appointed by the President, employed in the
Executive Office of the President, and paid 'at rates not to exceed
the rate of basic pay then currently paid for level II of the
Executive Schedule of section 5313 of title 5 Your office
responded to the definitional language in this request -- "persons
who are appointed by the President, employed in the Executive Office
of the President, and paid [at Level II]" -- which, as noted, is
a broader class than those persons appointed under 3 U.S.C.
§ 105 (a) (2) (A).
A correct list, with a cover memorandum explaining the changes,
is attached for your review and signature.
Attachments
THE WHITE HOUSE
WASHINGTON
January 13, 1986
MEMORANDUM FOR STEPHEN S. TROTT
ASSISTANT ATTORNEY GENERAL
CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED. F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Individuals Covered Under
18 U.S.C. $ 1751
By letter dated December 31, 1985, you requested a current list
of the individuals covered by 18 U.S.C. S 1751. You also ques-
tioned the accuracy of the previous list, because it seemed to
exceed the limit of 25 on persons who may be appointed under
3 U.S.C. $ 105 (a) (2) (A).
The previous list was inaccurate, but not because it contained
more than 25 individuals appointed under 3 U.S.C. S 105 (a) (2) (A).
The previous list responded to the November 16, 1983 request
from former Deputy Attorney General Schmults for "The employees
appointed pursuant to 3 U.S.C. S 105 (a) (2) (A), that is persons
who are appointed by the President, employed in the Executive
Office of the President, and paid 'at rates not to exceed the
rate of basic pay then currently paid for level II of the
Executive Schedule of section 5313 of title 5
We
provided
a list responsive to the definitional aspect of this request --
"persons who are appointed by the President, employed in the
Executive Office of the President, and paid [at Level II] --
but that category is in fact broader than those individuals
"appointed pursuant to 3 U.S.C. S 105 (a) (2) (A) The Chairmen
of the Council of Economic Advisers and the Council on Environ-
mental Quality, the Directors of the Office of Management and
Budget and the Office of Science and Technology Policy, and the
United States Trade Representative are all "persons who are
appointed by the President, employed in the Executive Office of
the President, and paid [at Level II]" but they are not
"appointed pursuant to 3 U.S.C. S 105 (a) (2) (A).
A correct list of those covered by 18 U.S.C. S 1751 is attached.
It includes, in addition to the individuals appointed under 3 U.S.C.
S 105 (a) (2) (A), the President, the Vice President, and an assistant
to the Vice President appointed under 3 U.S.C. § 106 (a) (1) (A).
Attachment
FFF:JGR:aea 1/13/86
CC: FFFielding/JGRoberts/Subj/Chron
The President
Ronald W. Reagan
The Vice President
George Bush
Chief of Staff to the President
Donald T. Regan
Assistant to the President
and Press Secretary
James S. Brady
Assistant to the President
and Director of Communications
Patrick J. Buchanan
Assistant to the President for Political
& Intergovernmental Affairs
Mitchell E. Daniels, Jr.
Counsel to the President
Fred F. Fielding
Assistant to the President
William Henkel
Cabinet Secretary and
Assistant to the President
Alfred H. Kingon
Assistant to the President
for Legislative Affairs
M.B. Oglesby, Jr.
Assistant to the President
for National Security Affairs
John M. Poindexter
Assistant to the President and
Principal Deputy Press Secretary
Larry M. Speakes
Assistant to the President
for Policy Development
John A. Svahn
Assistant to the President
W. Dennis Thomas
Chief of Staff to the
Vice President
Craig L. Fuller
THE WHITE HOUSE
WASHINGTON
January 13, 1986
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
ASSOCIATE COUNSEL 1762 TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Remarks: Ceremony for Presentation
of Young American Medals
Counsel's Office has reviewed the above-referenced draft remarks.
The last two sentences on page 4 should be deleted unless Research
can confirm that the driver of the vehicle either was convicted
of or pled guilty to (not merely was arrested for) hit-and-run
and drunk driving.
CC: David L. Chew
THE WHITE HOUSE
WASHINGTON
January 13, 1986
MEMORANDUM FOR STEPHEN S. TROTT
ASSISTANT ATTORNEY GENERAL
CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED. F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Individuals Covered Under
18 U.S.C. $ 1751
By letter dated December 31, 1985, you requested a current list
of the individuals covered by 18 U.S.C. $ 1751. You also ques-
tioned the accuracy of the previous list, because it seemed to
exceed the limit of 25 on persons who may be appointed under
3 U.S.C. S 105 (a) (2) (A).
The previous list was inaccurate, but not because it contained
more than 25 individuals appointed under 3 U.S.C. S 105 (a) (2) (A).
The previous list responded to the November 16, 1983 request
from former Deputy Attorney General Schmults for "The employees
appointed pursuant to 3 U.S.C. S 105 (a) (2) (A), that is persons
who are appointed by the President, employed in the Executive
Office of the President, and paid "at rates not to exceed the
rate of basic pay then currently paid for level II of the
Executive Schedule of section 5313 of title 5....'' We provided
a list responsive to the definitional aspect of this request --
"persons who are appointed by the President, employed in the
Executive Office of the President, and paid [at Level II]" --
but that category is in fact broader than those individuals
"appointed pursuant to 3 U.S.C. S 105 (a) (2) (A) The Chairmen
of the Council of Economic Advisers and the Council on Environ-
mental Quality, the Directors of the Office of Management and
Budget and the Office of Science and Technology Policy, and the
United States Trade Representative are all "persons who are
appointed by the President, employed in the Executive Office of
the President, and paid [at Level II)" but they are not
"appointed pursuant to 3 U.S.C. S 105 (a) (2) (A) "
A correct list of those covered by 18 U.S.C. S 1751 is attached.
It includes, in addition to the individuals appointed under 3 U.S.C.
S 105 (a) (2) (A), the President, the Vice President, and an assistant
to the Vice President appointed under 3 U.S.C. $ 106 (a) (1) (A).
Attachment
FFF:JGR:aea 1/13/86
CC: FFFielding/JGRoberts/Subj/Chron
The President
Ronald W. Reagan
The Vice President
George Bush
Chief of Staff to the President
Donald T. Regan
Assistant to the President
and Press Secretary
James S. Brady
Assistant to the President
and Director of Communications
Patrick J. Buchanan
Assistant to the President for Political
& Intergovernmental Affairs
Mitchell E. Daniels, Jr.
Counsel to the President
Fred F. Fielding
Assistant to the President
William Henkel
Cabinet Secretary and
Assistant to the President
Alfred H. Kingon
Assistant to the President
for Legislative Affairs
M.B. Oglesby, Jr.
Assistant to the President
for National Security Affairs
John M. Poindexter
Assistant to the President and
Principal Deputy Press Secretary
Larry M. Speakes
Assistant to the President
for Policy Development
John A. Svahn
Assistant to the President
W. Dennis Thomas
Chief of Staff to the
Vice President
Craig L. Fuller
THE WHITE HOUSE
WASHINGTON
January 13, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DRR
SUBJECT:
Individuals Covered Under
18 U.S.C. $ 1751
Assistant Attorney General Trott has asked for an updated list
of those covered by 18 U.S.C. $ 1751, the provision imposing
Federal penalties for the killing or kidnapping of certain
high-level Executive branch officials. In his letter Trott
questions the accuracy of the previous list, noting that it
seems to contain 26 Level II Presidential staff positions,
when 3 U.S.C. S 105 (a) (2) (A) provides for no more than 25 such
positions.
The lists we have been providing Trott have been incorrect, but
not for the reason Trott noted. Our lists contain all Level
IIs in the Executive Office of the President. There can be more
than 25 such positions. The 25 cap only applies to Presidential
assistants appointed under 3 U.S.C. S 105 (a) (2) (A), but there are
some Level IIs in the EOP appointed under other provisions. For
example, the Director of OMB is a Level II in the EOP, but he is
appointed under 31 U.S.C. S 502 (a), not 3 U.S.C. S 105 (a) (2) (A).
Coverage under 18 U.S.C. S 1751 extends to those appointed under
3 U.S.C. S 105 (a) (2) (A), not to all Level IIs in the EOP. Our
lists, however, have been of those in the latter category, and
accordingly have been over-inclusive. This error apparently arose
from the framing of the original Justice request, which asked for
"The employees appointed pursuant to 3 U.S.C. S 105 (a) (2) (A), that
is persons who are appointed by the President, employed in the
Executive Office of the President, and paid "at rates not to exceed
the rate of basic pay then currently paid for level II of the
Executive Schedule of section 5313 of title 5....'' Your office
responded to the definitional language in this request -- "persons
who are appointed by the President, employed in the Executive Office
of the President, and paid [at Level II]" -- which, as noted, is
a broader class than those persons appointed under 3 U.S.C.
S 105 (a) (2) (A).
A correct list, with a cover memorandum explaining the changes,
is attached for your review and signature.
Attachments
THE WHITE HOUSE
WASHINGTON
January 16, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
ASSOCIATE JOHN G. ROBERTS COUNSEL 070 TO THE
PRESIDENT
SUBJECT:
Presidential Message: Black History Month
Counsel's Office has reviewed the above-referenced Presidential
message, and finds no objection to it from a legal perspective.
THE WHITE HOUSE
WASHINGTON
January 16, 1986
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Correspondence Objecting to Margaret
Randell's Efforts to Obtain Permanent
Residence Status in the United States
Don Davis has written the President to urge him to oppose
Margaret Randell's efforts to regain U.S. citizenship. Randell,
described by Davis as a prominent leftist, gave up her citizen-
ship years ago, and controversy has developed over her efforts
to regain it. The dispute was recently featured on Nightline.
I think the White House should stay out of this quasi-judicial
dispute, pending before INS, involving a particular individual.
We should send the letter to Justice, for whatever action Justice
wishes to take, and advise Davis we have done so.
Attachment
THE WHITE HOUSE
WASHINGTON
January 16, 1986
MEMORANDUM FOR JAY STEPHENS
ASSOCIATE DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence Objecting to Margaret
Randell's Efforts to Obtain Permanent
Residence Status in the United States
The attached correspondence concerning the publicized dispute
surrounding Margaret Randell's effort to obtain permanent
resident status, together with a copy of my reply, is referred
to the Department for whatever review and further reply, if any,
you consider appropriate.
Many thanks.
RAH: JGR:aea 1/16/86
cc: FFFielding
RAHauser
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
January 16, 1986
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS Jose
SUBJECT:
Request for the President to be Part of
a Book Honoring Paul W. "Bear" Bryant
Anne Higgins has asked for guidance in handling a request from
the Alabama "A" Club for a message from the President to be in-
cluded in a book honoring Bear Bryant. The book would be sold
to raise funds for a foundation that assists former players and
their families in time of need. The letter is dated October 1985,
but Higgins only recently referred it to us for review. In her
referral, she recognized that the fundraising aspect precluded
Presidential participation, but asked if the requester could be
made aware that he could use the many public domain comments by
the President about Bryant.
I have no problem with Higgins's suggestion. The attached
memorandum for her for your signature agrees that she may tell
the requester he is free to include quotations from the Presi-
dent in his book, so long as he does not suggest that the
President endorses the book.
Attachment
THE WHITE HOUSE
WASHINGTON
January 16, 1986
MEMORANDUM FOR ANNE HIGGINS
SPECIAL ASSISTANT TO THE PRESIDENT
DIRECTOR OF CORRESPONDENCE
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Request for the President to be Part of
a Book Honoring Paul W. "Bear" Bryant
You have asked for guidance in handling a request from the
Alabama "A" Club for a message from the President to be included
in a book honoring Bear Bryant. The book would be sold to raise
funds for a foundation that assists former players and their
families in time of need.
You recognized that the fundraising aspect precluded Presidential
participation, but asked if the requester could be made aware that
he could use the many public domain comments by the President about
Bryant. We have no objection to this course of action, provided,
as you note in your transmittal, that it is not suggested that
the President endorse the book or the A Club fundraising activities.
Thank you for raising this matter with us.
RAH: JGR:aea 1/16/86
cc: FFFielding
RAHauser
JGRoberts
Subj
Chron