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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 (02/01/1986-02/14/1986)
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
WASHINGTO!
February 3, 1986
MEMORANDUM FOR DAVID I. CHEW
STAFF SECRETARY
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Executive Order:
Presidential Commission on Space
Shuttle Challenger Accident
Counsel's Office has reviewed the above-referenced proposed
Executive Order. Based on discussions with the NASA General
Counsel, "interim review board of the National Aeronautics and
Space Administration" in Section 2 (b) (1) should be changed to
"National Aeronautics and Space Administration review board." I
would also add "the" between "on" and "Space" in the name of the
Commission, which appears in the title and in line 2 of Section
one.
Finally, I would note that the memorandum for the President from
Director Miller inaccurately states that the Commission will be
composed of 20 members. It will be composed of no more than 20
members, and will probably start out with less than 20.
RAH: JGR:aea 2/3/86
cc: FFFielding
RAHauser
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
February 3, 1986
MEMORANDUM FOR ALL GENERAL COUNSEL
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Taxation of Fringe Benefits
You should be aware that Internal Revenue Service temporary
regulations that appear at 50 Federal Register 52281-52313
(December 23, 1985) may be applicable to certain employees in
your department or agency, and may impose certain reporting and
withholding requirements on your department or agency as an
employer. The regulations concern, inter alia, attribution of
income to an employee who uses an employer-provided vehicle for
personal purposes. Although questions of personal tax liability
are the responsibility of the individual taxpayer, you should take
appropriate steps to ensure (1) that potentially covered employees
are aware of the possible applicability of these new regulations,
and (2) that your department or agency complies with any applicable
requirements.
THE WHITE HOUSE
WASHINGTON
February 3, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
IRS Fringe Benefit Issue
The attached memorandum is as "barebones" as possible, while still
alerting everyone to what is involved.
Attachment
THE WHITE HOUSE
WASHINGTON
February 3, 1986
MEMORANDUM FOR ALL GENERAL COUNSEL
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Taxation of Fringe Benefits
You should be aware that Internal Revenue Service temporary
regulations that appear at 50 Federal Register 52281-52313
(December 23, 1985) may be applicable to certain employees in
your department or agency, and may impose certain reporting and
withholding requirements on your department or agency as an
employer. The regulations concern, inter alia, attribution of
income to an employee who uses an employer-provided vehicle for
personal purposes. Although questions of personal tax liability
are the responsibility of the individual taxpayer, you should take
appropriate steps to ensure (1) that potentially covered employees
are aware of the possible applicability of these new regulations,
and (2) that your department or agency complies with any applicable
requirements.
FFF: JGR;aea 2/3/86
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
February 3, 1986
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
SUBJECT:
Jiri Kotas
You requested that I obtain whatever information Public Liaison
had on Jiri Kotas. All they have of a biographical nature is
his card, a copy of which is attached.
Attachment
Dr. Jiri V. Kotas
Chairman
The Czechoslovak Federal Council (in exile)
P.O. Box 13250
Kanata, Ontario.
K2K 1X4. Canada
Phone: 613-236-8126
P.O. Box 529, Station B
Ottawa, Ontario K1P 5P6
Canada
THE WHITE HOUSE
WASHINGTON
February 4, 1986
MEMORANDUM FOR CHRISTOPHER HICKS
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, OFFICE OF ADMINISTRATION
FROM:
JOHN G. ROBERTS DDR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Your Memorandum (Revised)
on Fringe Benefits Taxation
I have reviewed the package you propose to send out with supplemental
W-2 forms reporting taxable income attributable to personal use
of a Government vehicle. You may take or leave the following
suggestions as you see fit:
1. Delete the first sentence and substitute the following:
"This is to advise you that IRS temporary regulations issued on
December 23, 1985 (effective January 1, 1985) may affect your
tax liability for 1985 and subsequent years. The regulations
provide that personal use of an employer-provided vehicle and
driver may result in the attribution of taxable income to an
employee. Under the regulations, commuting is considered personal
use and the term "employer" appears to include the Federal
Government."
This reformulation avoids an explicit statement that we consider
commuting in a government-provided vehicle personal use, which
would conflict with the statutory restriction that vehicles may
only be used for "official purposes." (Providing the information
in the supplemental W-2 is of course based on the assumption that
such commuting is personal use covered by the regulations, but
it is important that this assumption be laid to the IRS and not
be explicitly endorsed by us.)
2. I recommend not providing the summary of the pertinent
provisions of the regulations. We should let the IRS speak for
itself through the regulations, and neither endorse nor interpret
the IRS position. Any White House summary runs the risk of estab-
lishing a White House interpretation that may differ from the IRS
interpretation, or unnecessarily restrict the flexibility of affected
taxpayers in responding to the IRS. (I have no objection to furnish-
ing the explanation of the valuation formula used by the Office
of Administration, since this is necessary to make sense of the
provided figures.)
- 2 -
3. A query with respect to the valuation formula explanation:
why was it considered necessary to calculate an "average
workday"? A government vehicle is devoted to official use for
the entire period it is not used for commuting, so why should
the denominator in the commuting time to total time ratio not be
24 hours?
4. Throughout the value formula explanation, "chauffeur"
should be changed to "driver," for appearance purposes.
5. Typos: last line of section I on page 2 ("wich") and
line 3 in section IV ("attache").
THE WHITE HOUSE
WASHINGTON
February 4, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Request to Use Presidential Seal
on Cover of Report (Victims of Crime)
Assistant Attorney General Lois Herrington has asked for permission
to use the Seal of the President on a report her Office of Justice
Programs is preparing. The report will review the implementation
of the recommendations of the President's Task Force on Victims
of Crime, and will be presented to the President during Victims
of Crime Week, April 20-26.
Our office approved Mrs. Herrington's request to use the Seal on
the cover of the December 1982 report of the Task Force, which
was chaired by Mrs. Herrington. Ms. Owen recently approved Mrs.
Herrington's request of December 3, 1985 to use the Seal on various
materials being prepared for a meeting of the President's Child
Safety Partnership (correspondence attached).
This request, however, does not concern a Presidential task
force, commission, or partnership, but rather a report prepared
by an office within the Department of Justice. The only con-
nection to the President is that the report is being presented
to him, and that only because of the staging: there is no
statutory requirement that there be a report to the President.
I recommend denying Mrs. Herrington's request, and have attached
a memorandum for her accomplishing this.
Attachment
THE WHITE HOUSE
WASHINGTOI
February 4, 1986
MEMORANDUM FOR LOIS HERRINGTON
ASSISTANT ATTORNEY GENERAL
OFFICE OF JUSTICE PROGRAMS
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request to Use Presidential Seal
on Cover of Report (Victims of Crime)
Thank you for your letter of January 24, requesting permission
to use the Seal of the President on a report prepared by your
Office of Justice Programs on implementation of the recommendations
of the President's Task Force on Victims of Crime. You advised
that the report will be presented to the President during Victims
of Crime Week, April 20-26.
I must decline to grant the permission you seek. You are aware
that the permitted uses of the Seal are limited by law, 18 U.S.C.
§ 713, and by regulations issued pursuant to that statute and
embodied in Executive Order 11649. Although the Executive Order
authorizes the Counsel to the President to grant permission to
use the Seal for "exceptional historical, educational, or news-
worthy purposes, I have generally tried to limit use of the Seal
within the Government to Presidential entities. Thus, for example,
this office approved the use of the Seal on the final report of
the President's Task Force on Victims of Crime, and recently
approved your request to use the Seal on specified materials for
the President's Child Safety Partnership. Your present request,
however, concerns a report prepared by an office within the Depart-
ment of Justice. The fact that the report is to be presented to
the President is not sufficient.
Thank you for raising this matter with us. I trust you will
appreciate the reasons for my response.
FFF: JGR:aea 2/4/86
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
February 4, 1986
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS
SUBJECT:
Appointment of Marvin L. Mann
to the President's National
Security Telecommunications
Advisory Committee
I have reviewed the Personal Data Statement submitted by Marvin
L. Mann in connection with his prospective appointment to the
President's National Security Telecommunications Advisory Com-
mittee. The Committee was established by Executive Order 12382
(September 13, 1982) to provide advice to the President and the
Secretary of Defense on national security telecommunications
policy. Pursuant to the Executive Order, the President may
appoint up to 30 members to the Committee, who "shall have
particular knowledge and expertise in the field of telecom-
munications and represent elements of the Nation's telecom-
munications industry."
Mr. Mann is President and Chief Executive Officer of Satellite
Business Systems, and concurrently a Vice President of IBM. He
clearly satisfies the criteria set forth in the Executive Order.
Like other members of this Committee, Mr. Mann has interests and
affiliations in the telecommunications area, but these do not
present conflicts problems that would bar his appointment, since
members serve in an explicit representational capacity.
THE WHITE HOUSE
WASHINGTON
February 5, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Proposed Presidential Letter to
Harry Casey Who Made Substantial
Contribution to Eureka College
Fred Ryan has asked for your views on a proposed letter from the
President to Harry Casey, thanking Mr. Casey for a recent sub-
stantial contribution to Eureka College. I called Ryan for more
background. The 95-year old Casey has been a long-time supporter
of Eureka. Eureka officials learned that Casey would be present
at a December 2 fundraiser in Seattle for Senator Packwood that
the President was addressing, and asked if a "handshake" could
be arranged. The President did meet briefly with Casey in Seattle,
simply exchanging the usual pleasantries. Casey gave the President
two gold coins, which are being appropriately processed by the
Gift Unit. On January 6, Casey made an unexpected and unsolicited
gift of $500,000 to Eureka. The President learned of this and
asked for Casey's address for a thank-you note; Ryan thought it
best to furnish a draft.
I have no objection. Based on what Ryan has told me, there was
no "quid pro quo" involved here, and I see no reason to object
to a brief thank-you on Ronald Reagan personal stationery.
Attachment
THE WHITE HOUSE
WASHINGTON
February 5, 1986
MEMORANDUM FOR FREDERICE J. RYAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SCHEDULING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Presidential Letter tc
Harry Casey Who Made Substantial
Contribution to Eureka College
I have reviewed the draft letter from the President to Harry Casey,
thanking Casey for his contribution to Eureka College. You have
assured my staff that Mr. Casey's contribution was not solicited
by anyone at the White House, nor was anyone at the White House
aware of it until after the fact. Under these circumstances, I
have no objection to a brief thank-you note from the President,
on his personal stationery.
FFF: JGR:aea 2/5/86
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
February 6, 1986
MEMORANDUM FOR THOMAS F. GIBSON III
SPECIAL ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF PUBLIC AFFAIRS
FROM:
ASSOCIATE COUNSEL 02 TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Briefing Materials for Q & A with
Thomas Jefferson High School Students
Counsel's Office has reviewed the above-referenced briefing
materials. In the third bullet item on the Shuttle Accident, it
may be better to delete "12-member." The Executive Order
provided for a commission of not more than 20 members, and the
actual size may change.
cc: David Chew
THE WHITE HOUSE
WASHINGTON
February 6, 1986
MEMORANDUM FOR THOMAS F. GIBSON III
SPECIAL ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF PUBLIC AFFAIRS
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Domestic Briefing Materials
For the President
Counsel's Office has reviewed the above-referenced briefing
materials and has no objection to them from a legal perspective.
CC: David Chew
THE WHITE HOUSE
WASHINGTON
February 6, 1986
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF SPEECHWRITING
FROM:
ASSOCIATE COUNSEL DR TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Radio Talk: Budget
Counsel's Office has reviewed the above-referenced radio talk
and finds no objection to it from a legal perspective. I would
point out, however, that we expect a decision from the special
three-judge court hearing the Gramm-Rudman litigation at noon
tomorrow. The court's opinion may necessitate changes in the
remarks, but it is impossible to say until we read the opinion.
cc: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 6, 1986
MEMORANDUM FOR EDWARD P. DJEREJIAN
SPECIAL ASSISTANT TO THE PRESIDENT AND
DEPUTY PRESS SECRETARY FOR FOREIGN AFFAIRS
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Foreign Policy Briefing Materials
Counsel's Office has reviewed the above-referenced briefing
materials and finds no objection to them from a legal
perspective. I would point out, however, that we expect a
decision in the Gramm-Rudman case at noon tomorrow. That
decision may necessitate changes in the "Gramm-Rudman-Hollings
and Defense" section.
CC: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 6, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 4027: Amendment of District of
Columbia Revenue Bond Act of 1985
Counsel's Office has reviewed the above-referenced bill and
finds no objection to it from a legal perspective.
THE WHITE HOUSE
WASHINGTON
February 5, 1986
MEMORANDUM FOR CLAUDIA KORTE
PRESIDENTIAL MESSAGES
FROM:
ASSOCIATE COUNSEL 02-THE TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
75th Anniversary of
Wanamaker's Pipe Organ
You have asked for our views on a request for a message from the
President commemorating the 75th anniversary of the Great Music
program on the Grand Court organ in the Wanamaker store in Phila-
delphia. I would have no objection to a brief note focused on
the music program, the historic organ, and private sector support
for the arts in general, obviously avoiding any commercial
endorsement of Wanamaker's.
Thank you for raising this question with us.
THE WHITE HOUSE
WASHINGTON
February 7, 1986
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
SUBJECT:
Fringe Benefit Taxation
Don Korb, Assistant to the Commissioner, has advised me that
Mr. Egger confirmed that it was his view that the regulations in
question do apply to Federal Government officials. I read
Mr. Fielding's proposed memorandum to Mr. Korb, who reviewed it
with Mr. Egger. Korb advised me that it was Egger's view that
the memorandum should be sent.
THE WHITE HOUSE
WASHINGTON
February 7, 1986
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF SPEECHWRITING
FROM:
JOHN G. ROBERTS
020
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Remarks: Fundraiser
for Governor Kit Bond
Counsel's Office has reviewed the above-referenced draft remarks
and finds no objection to them from a legal perspective. It may
well be necessary, however, to revisit the Gramm-Rudman sections
after we review the court decision to be released this
afternoon.
cc: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 10, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
H.J. Res. 520: Supplemental Funding
for Commodity Credit Corporation
Counsel's Office has reviewed the above-referenced enrolled
resolution and has no objection to it from a legal perspective.
THE WHITE HOUSE
WASHINGTON
February 10, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
DOT International Aviation Decision:
Suspension of Operations Between
the U.S. and Libya
Our office has reviewed the above-referenced Department of
Transportation International Aviation decision, and has no legal
objection to the procedure that was followed with respect to
Presidential review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation that the
President not disapprove this order or to the substance of the
letter from the President to the Secretary of Transportation.
THE WHITE HOUSE
WASHINGTON
February 10, 1986
Dear Mr. and Mrs. Hale:
Thank you for your letter of January 29 to the
President and Mrs. Reagan. We appreciate your support
for the President's efforts to bring Federal spending
under control. The President shares your concern about
the welfare system. In the State of the Union Address
delivered by the President on February 4, he had this
to say about the need to reform the welfare system:
In the welfare culture, the breakdown of
the family, the most basic support system,
has reached crisis proportions -- in female
and child poverty, child abandonment,
horrible crimes and deteriorating schools.
After hundreds of billions of dollars in
poverty programs, the plight of the poor
grows more painful. But the waste in dollars
and cents pales before the most tragic loss
-- the sinful waste of human spirit and
potential.
We can ignore this terrible truth no longer.
As Franklin Roosevelt warned 51 years ago,
standing before this chamber, he said,
"Welfare is a narcotic, a subtle destroyer of
the human spirit." And we must now escape
the spider's web of dependency. Tonight I am
charging the White House Domestic Council to
present me by December 1, 1986, an evaluation
of programs and a strategy for immediate
action to meet the financial, educational,
social, and safety concerns of poor families.
I am talking about real and lasting
emancipation, because the success of welfare
should be judged by how many of its
recipients become independent of welfare
You noted in your letter that you hoped the President
would run again. Under the Twenty-Second Amendment to
the Constitution, no person may be elected to the
office of President more than twice. This will, there-
fore, be President Reagan's last term.
2
Thank you again for your supportive comments. We
appreciate hearing from you.
Sincerely,
John G. Roberts
Associate Counsel to the President
Mr. and Mrs. George Hale
235 Bassett Drive
Springfield, Ohio 45506
THE WHITE HOUSE
WASHINGTOI
February 10, 1986
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS
-
SUBJECT:
Reappointment of Albert J. Ossman, Jr., to
the National Historical Records and
Publications Commission
I have reviewed the Personal Data Statement submitted by
Albert J. Ossman, Jr., in connection with his prospective
reappointment to the National Historical Records and Publica-
tions Commission. Pursuant to 44 U.S.C. S 2501, the President
may appoint two members to the Commission who are "outstanding
in the fields of the social or physical sciences." The other
members of the Commission serve ex officio from throughout the
government, or are appointed by private historical and archival
organizations. The Commission makes recommendations on
historical works to be preserved at government expense.
44 U.S.C. $ 2504 (a).
Mr. Ossman, Professor of Political Science at Bethany College,
holds a doctorate in social sciences from Syracuse. His PDS
reveals no conflicts problems that would bar this reappointment.
THE WHITE HOUSE
WASHINGTON
February 10, 1986
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS 726
SUBJECT:
Appointment of Roger E. Birk as United
States National Chairman for U. N. Day
I have reviewed the Personal Data Statement submitted by
Roger E. Birk in connection with his prospective appointment to
be United States National Chairman for United Nations Day.
There is no specific statutory or executive order authority for
this position. Every year since 1945, however, the President
has appointed a chairman to preside over the U. N. Association
public relations program and coordinate the observance of U. N.
Day (October 24).
I have no objection to proceeding with this largely honorific
appointment. Mr. Birk is Chairman Emeritus of Merrill Lynch,
and his PDS presents no problems.
THE WHITE HOUSE
WASHINGTON
February 11, 1986
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF SPEECHWRITING
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Address: Peace
and National Security
Counsel's Office has reviewed the above-referenced Presidential
remarks and finds no objection to them from a legal perspective.
CC: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 11, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
ASSOCIATE COUNSEL 02 TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
PSI Commendations
You have asked for our views on a proposal from the Office of
Private Sector Initiatives for the President to issue
certificates of commendation to corporations that have
contributed to the economic rebuilding of Grenada.
It is of course legal for the President to issue such
certificates, but we question the desirability of doing SO.
Such formal Presidential recognition has the potential to cause
embarrassment in several ways. We know nothing about which
corporations are to be honored, so we do not know if there is
anything about a particular honoree, or the honoree's actions in
Grenada, that would make such a direct Presidential commendation
inadvisable.
Formal Presidential commendation of these corporations presents
the additional potential problem of commercial exploitation. We
would object to any use of these certificates for commercial
promotion, but once they are issued it is very difficult to
police possible misuse of them by the recipients.
Finally, these ad hoc certificates seem redundant of the Private
Sector Initiatives "C Flag" program, which recognizes laudable
private sector initiatives. We cannot create a new award
program every time someone does something good.
THE WHITE HOUSE
WASHINGTON
February 11, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Duracell v. ITC
I wanted to be certain you noticed this decision, since you had
extensive correspondence on the underlying dispute, and because
the decision reaffirms the unreviewability of a Presidential
disapproval of an ITC decision.
You will recall that the ITC, in the Duracell case, ruled that
"grey market" imports were illegal. The President disapproved
this determination in a statement citing the conflict between
the ITC position on the one hand and Section 42 of the Lanham
Act, the Treasury interpretation, and several court decisions on
the other hand. The President's statement also noted that a
review of the grey market issue was underway, and that failure
to disapprove the ITC determination could be misinterpreted as a
change in current policy.
Duracell, through its attorney James Bierman, appealed to the
Court of Appeals for the Federal Circuit. Duracell contended
that the President's disapproval was ineffective, since it was
for legal, not policy reasons. The pertinent statute authorizes
the President to disapprove ITC decisions "for policy reasons,"
19 U.S.C. § 1337 (g). The Court, in a unanimous decision, ruled
that "the decision by the President is not reviewable either
directly or indirectly in this court." Only final ITC orders
are reviewable, and the effect of Presidential disapproval is
that there is no final ITC order. The Court went further and
ruled that even if it had jurisdiction to review the President's
action, that action was legal, since the President's disapproval
was for policy reasons: "There is no requirement that the
President articulate or detail the reasons for his disapproval
of a Commission determination. It is sufficient that the
President disapprove the determination for his policy reasons"
(emphasis in original).
On all counts, a significant victory, and a vindication of our
decision to stand firm in the face of Duracell's explicit
threats that if we did not compromise on the merits it would
pursue litigation that could severely limit Presidential
authority.
THE WHITE HOUSE
WASHINGTON
February 11, 1986
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF SPEECHWRITING
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Remarks: Press
Conference Opening Statement
Counsel's Office has reviewed the draft opening statement for
this evening's news conference. In our view, the first sentence
of the second paragraph does not convey an accurate impression
of the Gramm-Rudman litigation, for three reasons:
The decision was not rendered by a typical "Federal
District Court" but by a special three-judge panel
consisting of an appellate judge and two district
judges. This is an important fact since it
increases the significance of the unanimous ruling
and provides direct appeal to the Supreme Court.
It is too simplistic to assert that the ruling was
"against" Gramm-Rudman. The decision in fact
upheld most of the law in the face of a challenge
that the entire statute should be struck down as an
improper delegation of legislative authority.
It bears mentioning that the court decision agreed
with the President's statement when he signed
Gramm-Rudman, and with the Administration's
arguments in litigation.
In light of the foregoing, I would change the first sentence of
the second paragraph to the following, or something similar:
"Now last Friday, a three-judge panel of the Federal District
Court, agreeing with the concern I expressed when I signed
Gramm-Rudman-Hollings, found one aspect of that law
unconstitutional."
CC: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 11, j1986
TO:
JOHN ROBERTS
Counsel's Office
RE:
American Citizens for Justice
(DUE: FEBRUARY 15)
The attached Presidential message is sent for
your review/approval. The original draft came
from Justice Department.
For background: the organization is primarily an
Asian American civil rights organization that
formed after the tragic beating death of Vincent
Chin in Detroit and the outcry that resulted from
the light sentences meted out to the assailants,
who claimed leniency because they thought their
victim was Japanese -- and the Japanese had
"taken away" their jobs in the auto industry.
Thank you.
OBJECTION
Claudin
CLAUDIA KORTE
Presidential Messages
NO
July 2/"
18-OEOB/Ext. 2941
THE WHITE HOUSE
WASHINGTON
February 11, 1986
Attorney General Ed Meese and Brad Reynolds,
Assistant Attorney General for Civil Rights, join
me in greeting everyone at the Third Annual
Rededication Dinner of American Citizens for
Justice.
Your courageous work has already forged a proud
tradition of service in the public interest.
Congratulations!
I can assure you that this Administration shall
continue its vigorous enforcement of laws safe-
guarding the civil rights of Asian Americans, and
all Americans. We are resolved that one day all our
children will be free of unlawful discrimination
throughout American society.
Nancy joins me in wishing you a memorable evening
and every happiness. God bless you all.
THE WHITE HOUSE
WASHINGTON
February 11, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to the Editor of the
Orange County Register
Counsel's Office has reviewed the above-referenced proposed
letter from the President, and finds no objection to it from a
legal perspective. We defer to others on the desirability of
sending it. I would note that the typed version of the letter
omits (perhaps intentionally) the last paragraph of the
President's handwritten draft.
THE WHITE HOUSE
WASHINGTON
February 11, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S.J. Res. 74: National
Black History Month
Counsel's Office has reviewed the above-referenced enrolled
resolution and finds no objection to it from a legal
perspective.
THE WHITE HOUSE
WASHINGTON
February 10, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Executive Order Entitled
"Debarment and Suspension"
Counsel's Office has reviewed the above-referenced proposed
Executive Order and finds no objection to it from a legal
perspective.
THE WHITE HOUSE
WASHINGTON
February 12, 1986
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF SPEECHWRITING
FROM:
ASSOCIATE COUNSEL 823 TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Presidential Radio Talk: Welfare
Counsel's Office has reviewed the above-referenced Presidential
radio talk and finds no objection to it from a legal
perspective.
CC: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 12, 1986
Dear Ms. Wing:
Thank you for your letter of January 15 to the
President. In that letter you suggested handwriting
analysis be considered as an alternative to polygraph
use in the Government. You also enclosed information
on graphoanalysis.
We appreciate your taking the time to share your
suggestion with us, and for providing the supporting
material for our review. With respect to your request
for a handwritten note from the President, I hope you
will understand that it is not possible for the
President to comply with the countless requests he
receives for such items.
With best wishes,
Sincerely,
John Bohnt
John G. Roberts
Associate Counsel to the President
Ms. Margaret E. Wing
Route 2, Box 396
Ellsworth, Maine 04605
THE WHITE HOUSE
WASHINGTON
February 12, 1986
MEMORANDUM FOR D. LOWELL JENSEN
DEPUTY ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence to the President
from Richard Stanczyk
In the attached letter to the President, Richard Stanczyk
contends that the Federal Bureau of Investigation seized his tax
records and now cannot locate them, thereby prejudicing his
defense against Internal Revenue Service assessments. This
correspondence is referred to the Department of Justice for
whatever review and direct response you consider appropriate.
This office has not responded to Mr. Stanczyk.
Many thanks.
Enclosure
THE WHITE HOUSE
WASHINGTON
February 12, 1986
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
DOJ Draft Bill to Provide Posthumous Citizenship
for Aliens Killed in Action in Vietnam While
Serving in the Armed Forces of the United States
Counsel's Office has reviewed the above-referenced draft report,
and finds no objection to it from a legal perspective. In the
penultimate line of the penultimate paragraph, "given" should be
inserted between "have" and "their."
THE WHITE HOUSE
WASHINGTON
February 12, 1986
Dear Ms. Moses:
Thank you for your recent letter to Larry Speakes, which has
been referred to this office for consideration and response. In
that letter you inquired about the possibility of the President
providing a foreword or letter for your publication America's
Best Recipes.
Established White House policy generally precludes the President
from endorsing commercial products or enterprises, including
publications such as your book. Providing a foreword or letter
would create the false impression of Presidential endorsement,
in contravention of this policy. There have been rare instances
in which the President has provided a foreword, but the
circumstances have been unique, involving a long association
between the President and the subject of the book, as well as
special arrangements to minimize any commercial aspects of the
publication.
I hope you will understand the reasons we cannot provide a
Presidential foreword or letter as you requested. Thank you for
your inquiry, and best of luck with America's Best Recipes.
Sincerely,
John G. Roberts
Associate Counsel to the President
Ms. Sandy Moses
Editor
America's Best Recipes
2100 Gulf Shore Boulevard, North
Naples, Florida 33940
THE WHITE HOUSE
WASHINGTON
February 12, 1986
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
ASSOCIATE COUNSEL 125 TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Testimony re: Miroslav Medvid
We have been provided a copy of proposed testimony by Roger
Brandemuehl, Assistant Border Patrol Commissioner, on Miroslav
Medvid. The testimony is purely factual, and accordingly we are
in no position to comment on it.
THE WHITE HOUSE
WASHINGTON
February 12, 1986
MEMORANDUM FOR GREGORY JONES
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Department of the Treasury Proposed Report
on H.R. 3506: "Pornography Forfeiture
Proceedings Venue Act of 1985"
Counsel's Office has reviewed the above-referenced proposed
Treasury report. In suggesting new language for the subject
bill on page two, the Treasury Department borrows language from
United States V. Thirty-Seven (37) Photographs, 402 U.S. 363
(1971) to the effect that "no seizure or forfeiture shall be
invalidated for delay where proceedings are postponed pending
the consideration of constitutional issues appropriate only for
a three-judge court." The language made sense in 1971, when it
appeared in Thirty-Seven (37) Photographs, but I am not certain
it makes any sense today. In 1976 Congress repealed former
28 U.S.C. § 2282, which provided for the convening of
three-judge district courts in cases challenging the constitu-
tionality of Acts of Congress -- the situation of concern in
Thirty-Seven (37) Photographs. Three-judge district courts are
far rarer now than prior to 1976, and are convened only when
specially required by Congress (as in the Gramm-Rudman
litigation) or in apportionment cases. See 28 U.S.C. § 2284 (a).
THE WHITE HOUSE
WASHINGTON
February 12, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Letter Re: Organized Crime Article
Counsel's Office has reviewed the draft letter from Mr. Buchanan
on the use of the terms "mafia" and "La Cosa Nostra" in the
President's organized crime article, and finds no objection to
it from a legal perspective. The spelling of Rudy Giuliani's
name needs to be corrected in the two places it appears, and
"Casa" should be "Cosa."
THE WHITE HOUSE
WASHINGTON
February 11, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S. 1831: Arms Export Control
Act Amendments
Counsel's Office has reviewed the above-referenced enrolled bill
and finds no objection to it from a legal perspective.
THE WHITE HOUSE
WASHINGTON
February 13, 1986
MEMORANDUM FOR RICHARD DAVIS
ASSOCIATE DIRECTOR
CABINET AFFAIRS
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Disaster Declaration for Washington
Our office was asked to review a request from Governor Booth
Gardner of Washington for Presidential declaration of a "major
disaster," within the meaning of the Disaster Relief Act of
1974, Pub. L. 93-288.
Based on a review of the request and the related materials
forwarded by the Federal Emergency Management Agency, the
Governor's request appears to comply with the statutory
requirements for a disaster declaration. We also have no legal
objection to the implementation materials prepared by FEMA in
connection with this request.
cc: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 13, 1986
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
FROM:
JOHN G. ROBERTS Dr
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
DOJ Testimony Regarding
Civil Division Authorization
Counsel's Office has reviewed the above-referenced DOJ testimony
and finds no objection to it from a legal perspective.
THE WHITE HOUSE
WASHINGTON
February 13, 1986
MEMORANDUM FOR DONALD EBERLY
ASSOCIATE DIRECTOR FOR PUBLIC LIAISON
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Letter to William Blakemore
Counsel's Office has reviewed the proposed letter to William
Blakemore of the Gulf and Caribbean Foundation. As we have
discussed, the last paragraph should be revised to remove any
suggestion that we are encouraging direct private assistance to
the Contras or that we are supporting any lobbying efforts by
the Foundation or associated groups before Congress.
In our discussion you noted that the purpose of the letter was
to commend the public awareness efforts of the Foundation. The
following suggested revision focuses on this legitimate
Foundation activity and removes the ambiguity that could raise
legal questions:
"These are hard times for the Contras. It is
important that all Americans recognize the threat
posed by sophisticated Soviet and Cuban weapons in
Nicaragua. I know you share my concern that
progress must continue in promoting the cause of
democracy in Central America. Again, your efforts
have been deeply appreciated."
THE WHITE HOUSE
WASHINGTON
February 13, 1986
MEMORANDUM FOR HILDA SCHREIBER
LEGISLATIVE ANALYST
OFFICE OF MANAGEMENT AND BUDGET
FROM:
ASSOCIATE COUNSEL DDO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
OPM's Testimony on H.R. 4033, "The
Whistleblower Protection Act of 1986"
Counsel's Office has reviewed the above-referenced testimony and
finds no objection to it from a legal perspective.
THE WHITE HOUSE
WASHINGTON
February 14, 1986
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT AND
DIRECTOR OF SPEECHWRITING
FROM:
JOHN G. ROBERTS
126
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Address: Queen's Park
St. George, Grenada
Counsel's Office has reviewed the above-referenced remarks. The
Office of the General Counsel at USTR has advised that the
language on page six, lines 7-14, must be changed. The
President can, according to USTR, promise guaranteed levels of
access for C.B.I. textiles, and separate higher levels for
C.B.I. apparel that is the product of American-made materials.
He cannot promise quota-free access for either category of
C.B.I. products. You should discuss alternate language directly
with Richard Parker of USTR at 395-6800.
The first full paragraph on page seven also raises concerns. It
is my understanding that a decision has not been made on how to
respond to the Farm Bill's requirement that the sugar quota be
cut 25%. GATT may require that the C.B.I. countries be included
in these cuts. These are pending proposals to compensate for
the results of this cut in C.B.I. countries, but the language on
page seven seems far more optimistic than is warranted by the
facts. Gene McAllister of the Economic Policy Council is aware
of the status of the issue and is reviewing the language.
CC: David L. Chew
THE WHITE HOUSE
WASHINGTON
February 14, 1986
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS DR
SUBJECT:
Appointment of Wallace Earl Walker
to the President's Commission on
White House Fellowships
I have reviewed the Personal Data Statement submitted by
Mr. Walker in connection with his prospective appointment to the
President's Commission on White House Fellowships. The
President is authorized to appoint an unspecified number of
members to the Commission by Executive Order 11183, as amended.
Members must be "outstanding citizens from the fields of public
affairs, education, the sciences, the professions, other fields
of private endeavor, and the Government service."
Colonel Walker is a career military officer and a Professor at
West Point. He served as a White House Fellow 1980-1981, and is
the current president of the White House Fellows Association.
His PDS reveals no problems, and I have no objection to
proceeding with this appointment.