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Chron Memos June 1982-December 1982 (3 of 15)
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Blackwell, Morton C.: Files Folder Title: Chron Memos June 1982-December 1982 (3 of 15) Box: 59 To see more digitized collections visit: https://www.reaganlibrary.gov/archives/digitized-textual-material To see all Ronald Reagan Presidential Library inventories visit: https://www.reaganlibrary.gov/archives/white-house-inventories Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/archives/research- support/citation-guide National Archives Catalogue: https://catalog.archives.gov/ THE WHITE HOUSE WASHINGTON October 14, 1982 MEMORANDUM FOR KEN CRIBB FROM: MORTON C. BLACKWELL MR SUBJECT: Anti-Pornography Coalition Schedule Proposal Red Cavaney has suggested I contact you to see whether Mr. Meese would be interested in joining Elizabeth Dole in recommending this addition to the President's schedule before election. I believe you attended the Morality in Media meeting with this coalition in July. The meetings have now been held with the Justice Department and, as you can see in the back- ground information, a letter has gone out to all United States Attorneys on this subject. Attached is the package sent to us by Jonathan Rose on this subject, including his memo to Mr. Meese. Time is of the essence in getting this into Scheduling. I'll appreciate anything you can do to secure Ed Meese's endorsement. CC - Red Cavaney THE WHITE HOUSE WASHINGTON HEDULE PROPOSAL OCTOBER 12, 1982 TO: WILLIAM K. SADLEIR, DIRECTOR PRESIDENTIAL APPOINTMENTS AND SCHEDULING FROM: ELIZABETH H. DOLE REQUEST: Meeting with leaders of anti-pornography coaliton. PURPOSE: To announce crackdown on pornography traffic by more vigorous enforcement of current Federal law. BACKGROUND: At the suggestion of Joseph Coors, a heavyweight coalition led by Father Morton Hill of Morality in Media met July 27, 1982, in the OEOB Indian Treaty Room with representatives of White House offices, Justice, Postal Service, and Customs Service to discuss enforce- ment of anti-pornography laws. The coalition showed how policies set at Justice under Carter have weakened enforcement of most Federal anti-pornography laws. Sub- sequent meetings of Assistant Attorney General Jonathan Rose with coalition representatives have resulted in a "get tougher" letter October 4 from Attorney General Smith to all U. S. attorneys. The time is ripe for a Presidential meeting with the coalition to announce specific steps being taken. A wide range of religious, civic, conservative, and women's groups will be very enthusiastic. Word will quickly spread through the religious broadcasters to millions not yet as politically active as they were in 1980. PREVIOUS PARTICIPATION: None DATE: Before Elections, the sooner the better. LOCATION: State Dining Room PARTICIPANTS: Attorney General, Director of Customs, Postmaster General, Interested Senior Staff, and attached list of coalition. OUTLINE OF EVENTS: President arrives. President announces steps being taken, including letter sent at his request to U. S. Attorneys by Attorney General. REMARKS REQUIRED: Brief remarks. MEDIA COVERAGE: Full media coverage. OMMENDED BY: Elizabeth H. Dole PROJECT OFFICER: Morton C. Blackwell COALITION FOR STRICTER ENFORCEMENT OF FEDERAL OBSCENITY LAWS Dr. Ben Armstrong Rev. Rex Humbard National Religious Broadcasters Rex Humbard Ministries Mr. Jim Bakker Mr. Harry Jones, President PTL Club DeRance, Inc. Dr. William Bright His Eminence John Cardinal Krol Campus Crusade for Christ Archbishop of Philadelphia Miss Juanita Bryant Dr. Tim and Beverly LaHaye General Federation of Womens Clubs Family Life Seminars Concerned Women of America Honorable Joseph Coors Adolph Coors Company Dr. Richard Lindsay Church of Jesus Christ of Rev. Kenneth Copeland Latter Day Saints Word of Faith Ministries Mr. Edward McAteer, President Mr. Paul F. Crouch Religious Roundtable Trinity Broadcasting Paul J. McGeady, Esq. Mrs. Karen Davis General Counsel Christian Women's National Concerns Morality in Media, Inc. Mr. Virgil Dechant Mr. Thomas A. Murphy Supreme Knight General Morots Corporation Knights of Columbus Mr. Howard Phillips Dr. and Mrs. James Dobson Conservative Caucus Focus on the Family Rev. Oral Roberts Dr. James T. Draper, Jr. Oral Roberts University President, Southern Baptist Convention Dr. Pat Robertson Rev. Dr. Miltiades B. Efthimiou Christian Broadcasting Network Greek Orthodox Archdiocese of North and South America Dr. James Robison James Robison Evangelistic Assoc. Dr. Jerry Falwell Moral Majority Dr. Adrian Rogers Bellevue Baptist Church Dr. Bernard Fryshman Association of Advanced Rabbinical Talmudical Schools Mrs. Phyllis Schlafly Eagle Forum Dr. Billy Graham Billy Graham Evangelistic Association Dr. Robert Schuller Crystal Cathedral Dr. Kenneth Hagin Rhema Bible Institute Mr. Demos Shakarian Full Gospel Businessmen's Rabbi Dr. Abraham Hecht, President Fellowship International Rabbinical Alliance of America Mr. Jimmy Swaggart Dr. E. V. Hill Jimmy Swaggart Ministries STEP Foundation Bruce Taylor, Esq. President Citizens for Decency Through Law Father Morton A. Hill, S. J. Mr. Richard A. Viguerie Richard A. Viguerie Company Mr. Paul M. Weyrich, Director Committee for Survival of a Free Congress Miss Berta White American Farm Bureau Federation The Rev. Donald Wildmon National Federation for Decency Mr. Homer E. Young (Former FBI Obscenity Investigator) U.S. Department of Justice Office of Legal Policy Assistant Attorney General Washington, D.C. 20530 MEMORANDUM October 7, 1982 TO: Morton C. Blackwell Special Assistant to the President for Public Liaison FROM: Jonathan C. Rose Assistant Attorney General SUBJECT: Department of Justice Anti-Pornography Program Pursuant to our phone conversation yesterday, I am sending to you: (1) a memorandum which we sent last month to Ed Meese, which outlines and explains the Department of Justice's anti-pornography program; (2) the letter which has been sent out this week from the Attorney General to the U.S. Attorneys encouraging their prosecution of pornography cases; and (3) a draft of a statement which the White House could release on this subject. I think the memorandum to Ed gives a good overview of our anti-pornography efforts and the difficulties -- both practical and political -- faced in this area. The letter to the U.S. Attorneys was, of course, discussed in this earlier memorandum's outline of the anti-pornography program. This letter has, as I said, already been sent, but it will be going only to the U.S. Attorneys, not to the public at large. Thus, it will probably attract only as much publicity as the White House chooses to give it. The public success of the program will depend heavily, of course, on how and to whom we sell it. Specifically, I think it advisable that we take the initiative and enthusiastically announce our efforts to a broad rather than a narrow audience. It has been my experience in the last few months in dealing with the various citizens groups that adopting a passive posture and dealing just with the groups' "experts" guarantees only that unreasonable and increasing demands will be made on us. The "experts" each have preconceived notions of what list of things must be done, and they will likely not be satisfied until all of them are met. U.S. Department of Justice Office of Legal Policy Assistant Attorney General Washington, D.C. 20530 MEMORANDUM September 23, 1982 TO: Edwin Meese, III Counsellor to the President FROM: Jonathan C. Rose Assistant Attorney General SUBJECT: Department of Justice Anti-pornography Program At our meeting last Thursday, you asked for some background information on the Department of Justice's enforcement of anti-pornography laws. This memorandum will discuss the Department's current program, and our proposals for additional enforcement initiatives in this area, which we have been considering for the past few weeks. I. CURRENT ENFORCEMENT PROGRAM A. Relevant Statutes The U.S. Code prohibits the importation of obscene material from abroad, its transportation in interstate commerce for the purpose of sale or distribution, its delivery through the mails, and its broadcast. There is, in addition, the "Protection of Children Against Sexual Exploitation Act of 1977,' which pro- hibits using "any sexually explicit conduct" by a minor "for the purpose of producing any visual or print medium depicting such conduct," and transporting or receiving such material for the purpose of sale or distribution when such material is obscene. 1/ Investigative responsibility under these statutes is shared by the Department of Justice with the Postal Service for mailing violations, the FBI for interstate shipment offenses, and the Customs Service for importation offenses. Current constitutional law complicates the enforcement of these statutes. Generally, only "obscene" speech is not pro- tected by the First Amendment, and the Supreme Court considers material obscene only if "taken as a whole [it lacks] serious 1/ The primary federal laws are at 18 U.S.C. §§ 1461-65, 2251-53. - 2 - literary, artistic, political, or scientific value." 2/ This has turned out to be a very liberal standard. B. Official Policy The U.S. Attorneys' Manual states: "Prosecutive priority should be given to cases involving [1] large-scale distributors who realize substantial income from multi-state operations and [2] cases in which there is evidence of involvement by known organized crime figures," and [3] "[s]pecial priority should be given to cases involving the use of minors engaging in sexually explicit conduct " This passage also states that prosecution of those cases not in one of the three priority areas may nonetheless have a deterrent effect and be appropriate when especially offensive material or numerous citizen complaints are involved. Id. The Manual also states that the "Federal role in prosecuting obscenity cases is to focus upon the major producers and interstate distributors of pornography while leaving to local jurisdictions the responsibility of dealing with local exhibitions and sales." But this section goes on to recognize that often the U.S. Attorney in an area will have greater expertise and more money than his local counterpart, and that "[i]n these circumstances the United States may provide assistance through prosecutive efforts not falling precisely within the above guidelines." C. Results to Date Federal enforcement has had some notable successes. In fiscal years 1978-1980, DOJ convicted 44 defendants under the obscenity laws. Twenty-one of these were child pornographers. In fiscal year 1981, 18 defendants were convicted; nine were child pornographers. Customs seized 247,000 items of pornography in 1977-1981; from 1978-1981 the Postal Service arrested 94 and convicted 73 on child pornography violations. The FBI has initi- ated 482 investigations since February 1978 under federal child pornography and child prostitution statutes, and has obtained 33 indictments and 23 convictions. Sentencing has been stiff in many cases: for 15, 10, 9, 8, and 5 years, for instance. In the Department's single greatest success to date, the two and one-half year investigation code-named "MIPORN" ended on February 11, 1980, with the indictment of 45 of the country's biggest producers and distributors of pornographic films. Finally, it should be noted that many of the Department's organized crime prosecutions have jailed major pornographers, though the convic- tions were typically for other crimes. 2/ Miller V. California, 413 U.S. 15, 24 (1973). - 3 - Still, it must be admitted that there is considerable dissatisfaction in some quarters with federal anti-pornography enforcement efforts to date. There are two reasons for this. First, many U.S. Attorneys have little enthusiasm for prosecuting these cases. Pornography is viewed by them as simply a less. important matter than many of their other duties, and these cases are, in any event, often difficult to make. In short, prosecutions are seen as more trouble than they are worth. In light of the limitations on enforcement resources, many U.S. Attorneys feel that most pornography enforcement must be left to local authorities. The second reason for the citizens groups' dissatisfaction is also important. It is that pornography is to them a very emotional issue with deep moral and even religious overtones. Consequently, to them no effort short of an all-out war on smut will ever be entirely satisfactory. II. PROPOSED INITIATIVES Certainly the prosecution figures quoted above do not represent the sum total of all obscenity violations that have taken place during the past several years. In this area, as in any other area, resource limitations do not permit the prosecu- tion of every possible violation. Our policy of limiting priority obscenity prosecutions to the three areas described above is dicta- ted by the fact that United States Attorneys are responsible for litigation under literally thousands of criminal and civil statu- tory provisions, including the defense of many civil cases, and limited manpower and other resources require each United States Attorney to budget carefully the amount of time and effort that can be devoted to any one subject area. Still, there are at least four steps which can -- and we think should -- be taken to increase the effectiveness of the Department's anti-enforcement efforts, none of which would re- quire a dramatic reallocation of our resources. First, the Department has proposed or endorsed various legislative initiatives which will make easier and more success- ful our efforts against pornography. We support, for instance, the abolition of the "sale" and "obscenity" requirements with respect to child pornography, and the authorization of electronic surveillance in these, and perhaps all, pornography investiga- tions. We also support extending the prohibition of "obscene, indecent, or profane" broadcasts to cable television. Second, the Attorney General will make clear to the U.S. Attorneys that we view pornography as a serious matter. We have already sent to them this month in their bulletin a reminder of the Department's enforcement priorities in this area, and plan to follow it with a more elaborate letter in a few weeks. There seems to have been some confusion in this area among some U.S. - 4 Attorneys, which is at least partly to blame for the impatience of many anti-pornography citizens groups with the past enforce- ment efforts of the Department of Justice. Third, a partial solution to the political and practical problems of pornography enforcement may be to mandate considera- tion of the issue at a local level by the Law Enforcement Coordinat- ing Committees (LECCs), which this Administration has set up to facilitate cooperation among federal, state, and local law enforcement officials. The question of how and whether to marshal efforts against pornography should be a local one, yet it is also one which will require the coordination of federal, state, and local resources. At the same time the letter discussed in the last paragraph is sent out, we will make clear to the LECCs that, if pornography is identified as a serious problem in an area, federal officials will assist their local counterparts in fighting it, even if it is not otherwise within the high priority areas outlined in the U.S. Attorneys' Manual. Finally, it should be recognized that a point of dimin- ishing returns is reached rather quickly in this enforcement area, and that a few high-profile prosecutions, like "MIPORN," may provide the greatest return on our resource investment, in terms of removing smut, deterring other potential criminals, and satisfying concerned citizens. This may be accomplished, of course, at much less expense than a major reallocation of the Department's priorities and resources. We are now trying to identify potential cases for such high-profile prosecutions. III. CONCLUSION Given its limited resources, the Department of Justice's record of enforcement in this area is defensible, and the initia- tives discussed above that it has recently taken will make it even better. I think this Administration should stress, too, that to the extent enforcement has been hampered by U.S. Attorneys from the prior administration, we have appointed successors for many of them who will be more sympathetic to the enforcement of these laws. It is difficult to predict to what extent the initia- tives we are undertaking will satisfy the various citizens groups. Certainly, the initiatives should establish that we view pornography as a more important problem than did prior administra- tions. Some critics, however, are unlikely to be satisfied by anything less than a federal commitment to wholesale prosecution of pornography wherever it may be found, even displacing what is viewed as ineffective local enforcement. As a practical matter, however, this is impossible. Indeed, it should be noted that even for drug enforcement, which has been given the highest priority by this Administration, federal officials must rely heavily -- even primarily -- on state and local governments for routine prosecutions. Thus, if enthusiastically announced and properly explained the proposed initiatives may be viewed generally as satisfactory. Office of the Attorney General SEQUITUR Washington, B. 20530 JUSTITA October 4, 1982 MEMORANDUM TO: All United States Attorneys FROM: William French Smith was Attorney General SUBJECT: Enforcement of Anti-Pornography Laws President Reagan has recently stated his alarm and concern over the spread of pornography, and his determination to ensure that we effectively enforce the federal laws against trafficking in pornography. Pornography is indeed a growing problem, but it is a problem before which law enforcement officials are not helpless, as demonstrated by the success of the Department's MIPORN operation. Accordingly, I would like to take this opportunity to clarify the Department's enforcement policy in pornography cases, and to encourage their prosecution. The U.S. Attorneys' Manual states: "Prosecutive priority should be given to cases involving large-scale distributors who realize substantial income from multi-state operations and cases in which there is evidence of involvement by known organized crime figures," and [s]pecial priority should be given to cases involving the use of minors engaging in sexually explicit conduct " S 9-75.140 (emphasis added). This passage also states that prosecution of those cases not in one of the three priority areas may nonetheless have a deterrent effect and be appropriate when especially offensive material or numerous citizen complaints are involved. Id. The Manual also states, of course, that the "Federal role in prosecuting obscenity cases is to focus upon the major producers and interstate distributors of pornography while leaving to local jurisdictions the responsibility of dealing with local exhibi- tions and sales." $ 9-75.130. But this section goes on to recognize that the U.S. Attorney in an area may often have greater expertise and more money than his local counterpart, and that "[i]n these circumstances the United States may provide assistance through prosecutive efforts not falling precisely within the above guidelines." - 2 - Thus, where large volume dealers, organized crime, or child pornography is involved, the U.S. Attorney should aggressively prosecute. Even in other cases, he may prosecute where pornog- raphy is a significant problem in an area, and should certainly lend any necessary assistance where local efforts are being made. While the impact of pornography may be primarily "local," its successful prosecution calls increasingly for interstate efforts and coordination which only federal officials may be able to provide. Similarly, where the district's Law Enforcement Coor- dinating Committee identifies pornography as an area requiring federal support, our assistance to local enforcement efforts may and should be provided, even if the dealers are not in the three "priority" categories. While pornography is not a problem that can be solved by federal efforts alone, it is a matter of prime concern and we must enforce vigorously the existing federal anti-pornography laws, particularly in the priority areas discussed above and in those communities where it has been identified as a major law enforcement problem. DOJ-1982-10 DRAFT WHITE HOUSE STATEMENT Pornography is a growing and disturbing problem. It attacks our moral beliefs, degrades women, blights neighborhoods, and inevitably ends up in the hands of not only adults, but children as well. The enforcement of our anti-pornography laws must, therefore, be a matter of prime concern for our society. It is clear that decisive action must be undertaken by law enforcement officials at all levels of government in order to combat pornography successfully. It is equally clear that the federal government, in particular, must play an important role in combatting its spread. Federal law enforcement officials can serve two critical functions: they must support and encourage the day-to-day prosecutive efforts of their state and local counterparts, and where necessary they must take the lead in bringing these cases. Accordingly, the Department of Justice has recently taken a number of steps to strengthen our anti-pornography enforcement efforts. First, we are seeking to develop and bring a number of major pornography prosecutions, like the greatly successful MIPORN operation, which we hope will jail many major pornographers and signal others that their sordid business is very risky. Second, the Attorney General has recently issued a directive to all U.S. Attorneys mandating vigorous enforcement of anti-pornography laws, particularly in cases involving large- scale distributors, organized crime, and child pornography. The Attorney General also made clear that prosecutions should not be limited to these "priority" categories, but are appropriate whenever pornography is a major problem in an area. Third, we have informed the Law Enforcement Coordinating Committees -- which this Administration has set up to coordinate federal, state, and local law enforcement efforts in every district in the United States -- that federal officials will cooperate fully with state and local anti-pornography enforcement efforts. Finally, we are supporting legislation that will broaden the scope and sharpen the teeth of the federal pornography laws: for example, by authorizing wiretaps where necessary, strengthening the definition of child pornography to reach more pornographers, and prohibiting pornographic cable television broadcasts. Pornography challenges all of us. It defies not only our laws, but our deeper social, moral, and religious values as well. That challenge will be met. THE WHITE HOUSE WASHINGTON October 13, 1982 MEMORANDUM FOR RAMONA SMITH FROM: MORTON C. BLACKWELL MR SUBJECT: RESERVATION FOR FAMILY THEATER Confirming Carolyn Sundseth's telephone reservation to you, please reserve the Family Theater for Thursday, October 21 from 10:00 to 12:00 for a briefing for the Christian Embassy. Elizabeth Dole will be the primary speaker from the White House. THE WHITE HOUSE WASHINGTON October 13, 1982 MEMORANDUM FOR DEE JEPSEN FROM: MORTON C. BLACKWELL 1R SUBJECT: Women to be Invited to Presidential Meeting on Stricter Enforcement of Pornography Laws The list of potential invitees we received from Gina is, I am sure, not what Elizabeth had in mind. We are looking for people who have substantial organizations which will spread the word of the President's actions. How about the General Federation of Women's Groups? Christian Womens Clubs? Other national women's organizations? How about Phyllis? THE WHITE HOUSE WASHINGTON October 13, 1982 MEMORANDUM FOR ELIZABETH H. DOLE FROM: MORTON C. BLACKWELL m SUBJECT: State Dinner Invitation This is per Cooper Holt's request. I suggest you forward it on to Muffie. THE WHITE HOUSE WASHINGTON October 13, 1982 MEMORANDUM FOR MUFFIE BRANDON FROM: ELIZABETH H. DOLE SUBJECT: State Dinner Invitees Morton Blackwell of my staff has asked that I pass along to you the names of Mr. and Mrs. Robert Currieo as being a high priority for invitation to a State Dinner. Mr. Currieo is the new Commander-in-Chief of the Veterans of Foreign Wars and a long time Reagan supporter. The V.F.W. broke all past precedent by endorsing President Reagan in the 1980 campaign. Moreover, they endorsed and fought for our budget cuts and tax cuts last year. This was the first time the V.F.W. had taken a major role in issues that were not primarily defense or V.A. In the fights for both the budget cuts and the tax cuts, the decisions of the 1.9 million member V.F.W. to support the President were followed immediately by support from the 2.7 million member American Legion. An invitation to a State Dinner for the new Commander-in- Chief of the V.F.W. would show the President's appreciation for their past and continued efforts on President Reagan's behalf. The invitation should be sent to the following address: V.F.W. Memorial Building 200 Maryland Avenue, N.E. Washington, D. C. 20006 Thank you for your consideration of this matter. THE WHITE HOUSE WASHINGTON October 12, 1982 MEMORANDUM FOR ELIZABETH H. DOLE FROM: MORTON C. BLACKWELL MR SUBJECT: USIA Event Last week, before our discussion on media contacts, I accepted an invitation, as I did last year, to speak to a group of foreign officials and journalists brought in by the USIA to learn about our election process. My intention is to give them my standard set of remarks on grassroots participation in the U. S. public policy process. Because of our discussion last week, I think I had better get clearance from you before proceeding to speak to them tomorrow. Delphi Research Associates 475 L'Enfant Plaza West, S.W., Suite 2970, Washington, D.C. 20024 Telephone No. (202) 554-7930 Telex No. 897421 October 8, 1982 Mr. Morton Blackwell Special Assistant to the President for Public Liaison Room 191 Old Executive Office Building White House Washington, D.C. 20500 Dear Mr. Blackwell: We are very pleased to have you give the introductory address to our group of USIA-sponsored international visitors at their opening session on Wednesday, October 13 at the International Club. purpose of their trip here is to enhance the participants' under- S ding of the American political system, particularly the issues and implications of the Fall campaign. Delphi Research Associates, a non-profit, international technical and professional exchange organization, is assisting the USIA in the program implementation. I am enclosing a brief descriptive program summary and a list of the participants. We look forward to seeing you at this luncheon session. Sincerely, Cluston lym Christine K. Lipsey International Relations Officer Enclosures LIST OF INTERNATIONAL VISITOR PARTICIPANTS CONGRESSIONAL CAMPAIGN '82 Argentina Juan Manuel Palacio Advisor Justicialista Party Australia David Malcolm Williams Chief, Television News Production Australian Broadcasting Commission Austria Dr. Friedrich Plasser Head of Basic Research Division Austrian People's Party Bangladesh Ferdous Ahmed Quoreshi Editor Desh Bangla Grenada George Worme Independent Journalist Caribbean News Agency Belgium Guido de Spiegelaire Labor Editor De Standard Burundi Bernard Ntahoturi Advisor to the President Canada Charles Pitts Director of Communications Progressive Conservative Party David Husband Director Liberal Caucus Research Bureau China, People's Li Yanning Republic of Director of International News New China News Agency Egypt Mohamed Barakat Diplomatic Editor New China News Agency E1 Salvador Rafael Castaneda Legal Advisor, ARENA Party & Executive Secretary, Ministry of Foreign Trade Germany, West Horst Bacia Political Editor Frankfurter Allgemeine Zeitung Dr. Volker Oerter Member, Policy Staff Ministry of Interior North Rhine - Westphalia Frank Ritschel Editor Radio Free Berlin (SFB) Israel Sara Honig Political Reporter Jerusalem Post Tuvia Mendelson Journalist Daver News Weekly Kenya Leonard Ngugi Chief Administrative Officer Kenyan National Assembly Morocco Omar Najib Foreign Affairs Editor Al Alam Nigeria Innocent E. Oparadike Chief Political Correspondent Concord Group Newspapers Philippines Sancho B. Almeda Chief Legal Counsel Export Processing Zone Authority Senegal Hamadoun Toure Political Editor Le Soleil (National Daily) Sierra Leone Daisy Bona Editor Flash Newspaper Switzerland Winfried F. Wiegandt Deputy Foreign Editor Schweizer Depeschenagentur (Swiss National News Agency) Venezuela Ciro Jose Dicuru Yugoslavia Zoran Kurtovic Belgrade Correspondent Oslabodjenje Zambia George Phiri Secretary to the Elections Committee United National Independence Party International Communication Agency United States of America Washington, D.C. 20547 USICA CONGRESSIONAL CAMPAIGN 1982 I. SUMMARY This project will enhance participants' understanding of the American political system, particularly the election process. The project will explore the constitutional and legal framework for election to public office, the development of local and national issues and the effects of new coalitions, campaign tech- niques and single-issues in American elections. II. COMMUNICATION PURPOSES 1. To identify the issues and priorities of the American electorate in the context of present social, economic and international realities; to evaluate the impact of various societal trends on the political configuration of the Congress and on national policy. 2. To enhance understanding of the roles of political parties, the media, political action committees and other special interest groups, campaign funding and campaign technology in the 1982 off- year national election. III. QUALIFICATIONS FOR PARTICIPANTS Participants should be elected or senior appointed officials; senior level journalists; political editors; pollsters; professors of political science and U.S. history. All should have some knowledge of American political jargon. IV. PROJECT OUTLINE The first week will be spent in Washington, D.C. to review the U.S. political process and to discuss significant local and national issues. The group will meet with elected officials, candidates, party leaders, campaign staffers, media specialists, election consultants, academicians and interest groups. The second week will be spent on the "campaign trail" following one Senatorial and one Congressional race. The group will observe rallies, town meetings, and media events and take part in discussion of issues with candidates and exchange views with campaign activists. During election week, the group will divide into small teams, each accompanied by an election specialists, to visit a variety of distinctive races and geographic areas. After the election, the group will assemble to study returns and analyses, discuss the national and international implications and integrate their project experiences. THE WHITE HOUSE WASHINGTON October 8, 1982 MEMORANDUM FOR RED CAVANEY FROM: MORTON C. BLACKWELL MR SUBJECT: Senior Executive Service Seminar I spoke yesterday to Dr. George Chall who runs the Senior Executive Service seminars for the Office of Personnel Management at Kingsport, New York. He called me at the suggestion of Ron Godwin. Dr. Chall would like me to come address a group of one hundred SES candidates "from all Federal agencies" on October 25. I am free and would like to go. They will pay all expenses of the trip. Can you see any problem with my accepting this invitation? Attached is the confirming mailgram from Dr. Chall. Enclosure SCARE UN MERCHANT MARINE ACADEMY EXECLTIVE SEMINAR CENTER KINGS POINT NY 11024 western union Maigram 1-0336245279 10/06/82 ICS IPMMTZZ CSP WXSA 5164874501 MGM TDMT KINGS POINT NY 120 10-06 0242P EST MORTON C BLACKWELL SPECIAL ASSISTANT TO THE PRESIDENT FOR PUBLIC LIAISON WHITE HOLSE WASHINGTON DC 20500 CONFIRMING OUR TELECON TODAY, WE WOULD BE ESPECIALLY PLEASED IF YOU WOULD ADDRESS THE OPENING SESSION OF THE EXECUTIVE DEVELOPMENT SEMINAR CN OCTOBER 25 AT 1:30PM. THIS REGUIRED PROGRAM FOR SES CANDIDATES FROM ALL FEDERAL AGENCIES IS CONDUCTED CENTRALLY BY U.S. OPM. YOUR SUBJECT "THE CHALLENGE OF THE 180'S&REFOCUSING THE AMERICAN CREAM" HAS PROFOUND IMPORTANCE FOR CAREER SENIOR EXECUTIVES, ALL TRAVEL EXPENSES INCLUDING AIR SHUTTLE WILL BE COVERED BY THE CENTER, OUR DRIVER WILL NEET YOU AT LAGUARDIA AIRPORT FOR THE 25 MINUTE DRIVE TO THE CENTER, LCOK FORWARD TO YOUR URGENT RESPONSE, DR GEORGE CHALL ASSOCIATE DIRECTOR EXECUTIVE SEMINAR CENTER KINGS POINT NY 11024 14:43 EST MGMCCMP THE WHITE HOUSE WASHINGTON October 7, 1982 MEMORANDUM FOR ELIZABETH H. DOLE FROM: MORTON C. BLACKWELL MR SUBJECT: Vietnam Veterans Memorial Ceremonies This morning Cooper Holt, Executive Director of the VFW, visited me to warn of potential problems at the mid-November ceremonies relating to the Vietnam Veterans Memorial. The principal event is scheduled to be a candlelight vigil (at the National Cathedral) starting on the evening of November 10 and running through November 12 with a parade scheduled on Saturday, November 13. After the parade it is hoped there will be a formal dedication of the memorial. You will recall that the original design was strongly opposed by a number of veterans organization leaders and that a compromise was reached whereby the original design was to be augmented by a flagpole for the American flag and a "heroic statue". In a compromise, largely arranged by Senator Warner and Rep Phil Crane, the Memorial Foundation, the national veterans groups, the opponents to the original design, Secretary Watt, the National Capital Planning Commission, and the Commission of Fine Arts, all agreed in principle to the addition of the flag and the statue. Secretary Watt and the Memorial Foundation have submitted to the Fine Arts Commission and the National Capital Planning Commission the specifics regarding the flagpole and the statue. The veterans groups strongly support the design. The statue is excellent. Pursuant to the compromise, Secretary Watt has informed the two commissions by letter that he will approve the formal dedication of the memorial on November 13 provided the two commissions approve the design. If the commissions do not approve the design, there will be no dedication. Jan Scruggs of the Memorial Foundation states that in that case he does not plan ceremonies at the site, even though the names of the war dead have now all been carved in the marble on the site. - 2- Cooper Holt this morning advised me that he has strong indications that some of the smaller but radical veterans groups, such as Vietnam Veterans of America and Vietnam Veterans Against the War, may attempt to tear down the fence around the site and "dedicate" the site on November 13 anyway. Holt strongly suggests that the White House contact Carter Brown of the Commission of Fine Arts to urge him to be sure the statue and flagpole design are approved at the meeting on October 13. Holt says that the veterans organizations are prepared to give strong testimony in behalf of the compromise design but up to 75 architects are planning to give testimony to the Commission against the addition of the statue and the flag. Only strong urging from the White House can assure that the compromise design will be approved by the Commission of Fine Arts. He anticipates no problems from the National Capital Planning Commission. It should be noted that the Commission of Fine Arts and the National Capital Planning Commission both approved, in principle, the addition of a statue and the flagpole before the ground breaking ceremony last March. Jan Scruggs of the Memorial Foundation says the Vietnam Veterans Against the War have told have told him they intend to "respect the dignity" of the event and would be in the parade which will precede the scheduled "dedication". Cooper Holt has indications that radical elements would use a cancellation of the "dedication" as an excuse for a protest at the site on November 13. I suggest it would be appropriate for a senior staff member to privately contact Carter Brown on this topic. His telephone number is 566-1066. DEPARTMENT OF THE RIOR United States Department of the Interior OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240 March September 29, 1982 Mr. Jan C. Scruggs President Vietnam Veterans Memorial Fund 1110 Vermont Avenue, N.W. Suite 308 Washington, D.C. 20005 Dear Jan: Thank you for your submission of September 23 which outlines the design plans and specifications for the sculpture and the flag staff to be added to the Vietnam Veterans Memorial. These elements were agreed to in the compromise struck under the leadership of Senator John Warner. Based upon the commitments made in March 1982 and our review of your submission, I enthusiastically approve your latest submission. The addition of a heroic sculpture and our flag to the site will transform the design into one which honors both those who served our country and those who made the ultimate sacrifice. We must not forget that our objective is to build a fitting monument to honor thousands of men and women who served their country in Vietnam. Design aesthetics are a secondary concern. We have forwarded your submission and our approval to the National Capital Planning Commission and the Commission on Fine Arts for their review. Based on previous communications between my office and the Commissions, I have every reason to believe that your submission will receive timely approval from these entities. Be assured that I have committed the full weight of this Department to securing the necessary approvals for your latest submission. I am also prepared to direct the National Park Service to issue the required permits for dedication of the memorial on November 11, 1982, if both Commissions approve the additions of the sculpture and the flag staff to the memorial at their scheduled October meetings. Pursuant to the compromise struck last spring, it would be inappropriate to permit a dedication to proceed if either of these critical design elements were disapproved or located in such a fashion as not to have the wall, the flag, and the sculpture constitute a single memorial. The men and women who served our country in Vietnam deserve a fitting memorial and I congratulate you on your organization's unstinting efforts to fulfill this worthy objective. Sincerely, William SECRETARY CC: Senator John Warner National Capital Planning Commission Commission of Fine Arts American Legion Veterans of Foreign Wars AMVETS $ OF INTEROR United States Department of the Interior OFFICE OF THE SECRETARY 3 OAK WASHINGTON, D.C. 20240 March October 4, 1982 Mr. J. Carter Brown Chairman Commission of Fine Arts 708 Jackson Place Washington, D.C. 20006 Dear Mr. Chairman: On behalf of the Vietnam Veterans Memorial Fund, Inc., we are submitting under separate cover a presentation model and site location for the proposed sculpture as well as siting for the location of a flagpole. We would very much appreciate the Commission's review of these design refinements at its meeting on October 13th. I have enthusiastically approved these design refinements which are part of the careful compromise worked out among the interested parties last March and await the response from your Commission. We are prepared to render any assistance you may require to expedite favorable con- sideration of the Vietnam Veterans Memorial Fund's submission. Lastly, we will issue the necessary permits for a dedication of the memorial on November 11, 1982, if the design refinements are approved in the interim. Thank you for your and the Commission's continued cooperation. Sincerely, SECRETARY THE INTERIOR United States Department of the Interior OFFICE OF THE SECRETARY 3, OAL WASHINGTON, D.C. 20240 March October 4,1982 Mrs. Helen M. Scharf Chairman National Capital Planning Commission 1325 G Street, N.W. Washington, D.C. 20576 Dear Madame: On behalf of the Vietnam Veterans Memorial Fund, Inc., we are submitting under separate cover a presentation model and site location for the proposed sculpture as well as siting for the location of a flagpole. We would very much appreciate the Commission's review of these design refinements at its meeting on October 13th. I have enthusiastically approved these design refinements which are part of the careful compromise worked out among the interested parties last March and await the response from your Commission. We are prepared to render any assistance you may require to expedite favorable con- sideration of the Vietnam Veterans Memorial Fund's submission. Lastly, we will issue the necessary permits for a dedication of the memorial on November 11, 1982, if the design refinements are approved in the interim. Thank you for your and the Commission's Twitt continued cooperation. Sincerely, SECRETARY THE WHITE HOUSE WASHINGTON October 2, 1982 MEMORANDUM FOR FLO RANDOLF FROM: MARK LOVEDAY SUBJECT: Pershing Hall, Paris Title Title to this Building rests with the United States Government: June 25, 1928 Purchased by American Legion Building Paris Inc. August 10, 1935 Transferred to United States Government by deed. Although the Government was unrepresented when the deed was drawn, the document contained a "suspensive condition" that would make the transfer definitive on its acceptance by the Government. The property was accepted by Mr. Henry Hollis ( Special Assistant of the Attorney General ) on behalf of the Government prior to registration of the deed. The property is held in trust for the American Legion. Federal Involvement 1. Neither the GSA nor the Dept. of Justice have records of this property on their inventory for management or administrative purposes. 2. The State Dept. has no record of Pershing Hall. 3. The Treasury, although involved in the purchase, has no other involvement with the property. American Legion Involvement On June 28, 1935 Congress gave the American Legion certain responsibilities to maintain the building. In 1939 and 1958 operating agreements were signed between the American Legion , the American Legion Department of France and its Paris Post No. 1. Pershing Hall / Cont. The latter agreement ended on July 5, 1982. In May the American Legion Convention in Indianapolis voted to terminate the agreement for operating the Hall. They are now attempting to transfer the responsibility for maintenance of Pershing Hall to the Federal authorities. CC. Elizabeth H. Dole Morton C. Blackwell THE WHITE HOUSE WASHINGTON October 1, 1982 MEMORANDUM FOR ELIZABETH H. DOLE nebk FROM: MORTON C. BLACKWELL SUBJECT: Briefing on Budget & Economy Here are the names of people I suggest be invited to the briefing on budget and the economy by Joe Wright in Room 450. THE WHITE HOUSE WASHINGTON September 28, 1982 MEMORANDUM FOR ELIZABETH H. DOLE FROM: MORTON C. BLACKWELL SUBJECT: List for Briefing on Budget and Economic Situation Mr. Paul Weyrich, Director 546-3000 Committee for the Survival of a Free Congress 721 Second Street, N. E. Washington, D. C. 20012 Mr. John T. (Terry) Dolan 522-2800 Chairman National Conservative Political Action Committee 1500 Wilson Blvd., Suite 503 Arlington, VA 22212 Mr. Howard Phillips 893-2777 National Director The Conservative Caucus 422 Maple Avenue East Vienna, Virginia 22180 Mr. Richard Viguerie, President 356-0440 The Viguerie Company 7777 Leesburg Pike Falls Church, VA 22043 Mrs. Connie Marshner 546-3004 721 Second St. N. E. Washington, D. C. 20012 Mr. Ron Andrade 546-1168 National Congress of American Indians 202 E Street, N. E. Washington, D. C. 20002 Dr. Ronald Godwin Moral Majority 499 South Capitol St. S. W., Suite 101 Washingtn, D. C. 20003 Mr. Ed McAteer, Executive Director (901) 458-3795 P. O. Box 11467 Memphis, TN 38111 - 2 - Mr. Robert P. Dugan, Jr. 281-1885 National Association of Evangelicals 1430 K Street, N. W, Washington, D. C. 20005 Mr. Mylio Kraja 861-2711 The American Legion 1608 K St. N. W. Washington, D. C. 20006 Mr. Cooper Holt 543-2239 Veterans of Foreign Wars VFW Memorial Building 200 Maryland Ave. N. E. Washington, D. C. 20006 Maj. Gen. Milnor Roberts 479-2200 Reserve Officers Association Minute Man Memorial Building 1 Constitution Ave. N. E. Washington, D. C. 20002 Mr. Gabriel Brinsky 459-9600 AMVETS 4647 Forbes Boulevard Lanham, Maryland 20801 Mr. Norman B. Hartnett 554-3506 Disabled American Veterans 807 Maine Avenue, S. W. Washington, D. C. 20024 Mr. Mark Caulk 543-6406 Maranatha Ministries 648 Independence Ave. S. E. Washington, D. C. 20003 Mr. Ron Boehme 546-6655 Youth with a Mission 133 C St. S. E. Washington, D. C. 20003 Mr. Huck Walther 281-6782 U.S. Defense Committee 450 Maple Ave. East, Room 309 Vienna, Virginia 22180 Mr. Peter Gemma 536-7650 National Pro-Life PAC 101 Park Washington Court Falls Church, Virginia 22046 - 3 - Dr. Jack Willke 638-4396 National Right to Life Committee 419 7th St. N.W. Washington, D. C. 20004 Mrs. Judie Brown 703-659-4171 American Life Lobby, Inc. P.O. Box 490 Stafford, Virginis 22554 Mr. Reed Larson 321-9820 National Right to Work Committee 8001 Braddock Rd. Suite 500 Springfield, Virginia 22160 Mr. Larry Pratt 370-5000 Gun Owners of America Landmark Towers, Suite 112 101 South Whiting Street Alexandria, Virginia 22201 Mr. John Snyder 543-3363 Citizens Committee for the Right to Keep and Bear Arms 500 Pennsylvania Ave. S.E. Mr. Robert E. Baldwin 385-5826 Learn, Inc. 10369 B Democracy Lane Fairfax, Virginia 22030 Mr. Lewis K. Uhler 393-2060 National Tax Limitation Committee 1523 L Street, N.W., Suite 600 Washington, D. C. 20005 Mr. Gover Norquist 835-0819 Americans for the Reagan Agenda 888 17th St. N.W., Suite 902 Washington, D. C. 20006 Mr. Sam Pimm 450-5162 Young Americans for Freedom Route 1, Box 1002 Woodland Road Sterling, Virginia 22170 Mr. Jack Abramoff The Conservative Caucus PAC 422 Maple Avenue, East Vienna, Virginia 22180 - 4 - Miss Lilly Dollinger Committee for a Responsible Youth Politics 3128 North 17th St. Arlington, Virginia 22201 Mr. Robert Pittenger STEP Foundation 219-A E Street, N.E. Washington, D. C. 20002 THE WHITE HOUSE WASHINGTON September 30, 1982 MEMORANDUM FOR RED CAVANEY FROM: MORTON C. BLACKWELL MB SUBJECT: United Pentacostal Church Meeting I was astonished to receive your memo yesterday regarding the United Pentacostal Church matter. After a year and a half of threading successfully through complex procedures which were daunting from the outset, perhaps I should not have been surprised. I regret any embarrassment caused either you or Elizabeth. To the best of my understanding, I was acting entirely within the appropriate guidelines. Two weeks ago I had a discussion with Jim Cicconi. He had heard a report to the effect that I had been overheard claiming some- where that Jim Baker had been preventing Presidential action on the right to life issue and bragging that I now had "rolled" Mr. Baker on this issue. The report was a total fabrication. I have never had any indica- tion that Mr. Baker was hostile to Presidential action on this topic. Nor have I ever suggested that to anyone. Moreover, I have not taken credit with anyone for the actions of the President in behalf of the right to life. My widely known view from the beginning was that, when the pro-life groups united on a pending legislative measure, the President's commitment on this topic would become manifest in Administration action. Events unfolded as I had expected. Cicconi declined my offer to reassemble for verification those (unknown to me) to whom I allegedly made remarks regarding Mr. Baker. He accepted my response and said that he considered the matter closed and that the matter would go no further. Red, no one can deal well with controversial issues without being to some degree touched by controversy. If someone else is build- ing a "case" against me, I can live with that and still be productive. Problems like that "come with the territory" in politics. But if Elizabeth wants me out, I can be out tonight. We should discuss the United Pentacostal Church matter to prevent like problems in the future. The church's General Superintendent sent me September 23 a copy of the telegrams he sent to Mr. Baker and Mr. Meese requesting meetings with them. Because Mr. Meese - 2 - on occasion meets on his own iniative with a variety of leaders with whom my office deals, I felt it proper to send available background materials to his office for use in evaluating the request he had received. From your memo, I gather that the problem was that my short cover memo to Ken Cribb with these materials was presumed to state the OPL position to Mr. Meese on the request. That was not my intention, and I regret that anyone so interpreted it. I was confident Ken would realize that, if my view were that of OPL, it would have come through Elizabeth and would have been addressed to Mr. Meese or to Jim Jenkins, who handles Mr. Meese's schedule. It is now clear that I should not put in writing to any staffer a suggestion that a senior staffer should meet with anyone, without going through Elizabeth. This was not clear before. To prevent this situation from recurring, I suggest we discuss procedures in an OPL staff meeting. Other questions come to mind: 1. Would it have been appropriate for me, knowing Mr. Meese had received the request, simply to send directly to Cribb or Jenkins an FYI copy of our file of related materials? If not, would a call have been o.k.? 2. What if a staffer asks for information about an organization requesting to meet with a senior staffer? Should all materials be sent both ways through Elizabeth? Would a verbal response be out of order? 3. Do these procedures apply only to meeting with senior staff? What about a request to meet with, say, Bob Carleson? Or Ken Smith, or Don Devine, or Secretary Bell? Here is the current status of the United Pentacostal matter: 1. Not having received any response from either Mr. Baker or Mr. Meese, the head of the denomination nevertheless came to D. C. yesterday per his telegrams of September 23. I met with him. Attached are my notes on the meeting. This 600,000 member denomination is composed overwhelmingly of traditionally Democratic people. They are increasingly active in politics because they abhor the results of liberal Democratic policies. General Superintendent Urshan virtually begged for the President to help the local church leaders under attack in Nebraska. 2. Since my September 22 memo to Elizabeth on this subject, the Nebraska church school vs. public school authorities fight has been covered on all three TV networks. Dr. Falwell has said he is prepared, if necessary, to go to - 3 - jail in support of the church schools. The Christian school movement and the religious right in general are rallying in indignation. The independent Baptist minister from Louisville, Nebraska, is still in jail. 3. Yesterday I received back from Diana my September 22 memo to Elizabeth on the topic, with a note from Diana suggesting I take the matter up with Fred Fielding's office. I met yesterday with H. P. Goldfield, and he said he will get back with me today with some possible options for consideration. Enclosures CC - Elizabeth H. Dole THE WHITE HOUSE WASHINGTON NOTES OF A MEETING HELD SEPTEMBER 29, 1982, AT THE WHITE HOUSE NEBRASKA CHRISTIAN SCHOOL PROBLEM Present: State Representative Woody Jenkins, Louisiana General Superintendent Nathanial Urshan, United Pentacostals Morton Blackwell, Special Assistant to the President Brother Urshan told of a United Pentacostal church operated school in York, Nebraska where the sheriff and a deputized school official came with a search warrant -- rushed up to all doors of the church with their hands on their guns, and brought the pastor Edward D. Morey before the courts. Attached are copies of the warrant and the other things which they seized not covered by it. They will be going to court on the issue shortly. The same thing is happening in Grand Island to a Mrs. Rich who is the pastor of a United Pentecostal church and school. The third situation is a man in Omaha, a Mr. Wasman. These people are frightened but increasingly angry. In York they had advance warning and dismissed the children to avoid traumatizing them. Brother Urshan was told the Moreys were threatened with arrest and jail if they contacted Federal Authorities. Also that they would arrest the parents of the children if Federal authorities were contacted. He will attempt to find out who made these threats. Mississippi Governor Winters is starting the same thing and Arkansas has a case pending, he believes in a Baptist school. In five years the United Pentacostal Church has started 500 schools. Brother Urshan recommends the following steps: 1. Justice should investigate the way these warrants and arrests are made. Civil rights violations are probably involved. 2. Deregulation of state schools. (Morton explained they would have to elect State Legislatures to pass such measures with Governors to sign them into law.) 3. The President should make a strong public statement in support of private schools. There are a lot of court cases. The First Amendment guarantees freedom of religion. Provisions of the First Amendment, originally limiting Federal Government, were made applicable to the States by the 14th Amendment. The states have an obligation not to violate freedom of religion. - 2 - Each church has various ministries, preaching, teaching, helping the poor, and educating its members. In most cases the same rooms are used for Sunday School and weekday school and sometimes the same materials and teachers. A major function of the church is to educate its people. Many churches are beginning schools to strengthen the relationship between congregations and pastors. It causes the pastor to become more involved with the families. You could not pass a law as to who a church might hire as a pastor or teacher. It would limit the church's ability to say who their employees will be and what they will teach. Nebraska is insisting on something which violates the Constitutional rights of the church. When a sheriff brings a search warrant and surrounds a church building with hands on guns There is a . conspiracy in Nebraska being executed by the public education authorities. There are eight church schools now in the legal process. Some leaders of the Jewish community are backing the Christian schools because they know they will be next. A Jewish lawyer in Nebraska has volunteered to serve free of charge. There is a conscious effort by educational authorities in the State of Nebraska to deprive the Christians of their civil rights under the First and Fourteenth Amendments. The NEA is becoming increasingly powerful and part of the problem with these private schools. Brother Urshan called attention to a survey of seminary faculties which appears in the most recent issue of Human Events. The United Pentacostal college faculty were found to be the most conservative. There are 600,000 United Pentacostals, mainly in Texas, Louisiana, Indiana, Missouri, Ohio, Kentucky, Michigan, Iowa, and California. Woody told us that Brother Urshan pastored the largest Pentacostal Church in America in Indianapolis. They have 500 or more schools out of 3,500 churches. The Pentacostals have not traditionally been involved in politics but they got involved in 1980. Brother Urshan chaired Senator Lugar's committee for ministers. Brother Urshan reported that the political activism which is new to his denomination, and the attack on their schools, is drawing the fundamental and "holiness" groups together. They are pooling their resources and their strengths. He told of his recent visit to Moscow Pentacostals -- how he met with an underground church which sat for 8 hours of meeting and broke up only because of the curfew. There are 16 underground churches in Moscow and more than two million (perhaps five million) Pentacostals in Russia. Brother Urshan is anxious to meet with the President, Mr. Meese, or Mr. Baker, and will be available from now until the 9th of October at which time he goes to Salt Lake for his annual meeting which runs through October 17. He would be happy to come to Washington after that date if one cannot be arranged before that time. SEARCH WARRANT TO: Robert D. Miller, York County Sheriff and Terry L. Petrik, Chief Deputy (Name of Officer and Title) WHEREAS, I am satisfied that probable cause exists for issuance of a search warrant based upon the affidavit(s) attached hereto and made a part hereof by reference, and that certain described property: York Christian Academy 1980 through 1982 individual student grade reports, report cards, school attendance records; teacher performance records; curriculum reports; all textbooks that teach primary, secondary and high school subjects; parent/child registration records for school and tuition payment records. is concealed or kept in, on, or about the following described vehicle, place or person: 74 Nebraska Ave., York, Nebraska; Lot 8 & 9, Block 3, Mead's Addition, York, York County, Nebraska and is under the control or custody of: Good-Life Pentecostal Church of York, Nebraska, a corporation and Edward D. Morey and that the public interest requires that this warrant be served in the daytime in the NN YOU ARE THEREFORE COMMANDED, with the necessary and proper assistance, to search the above described vehicle, place or person, including any outbuildings, for the above described property, and if said property is found, you are to seize the same and arrest the person in possession thereof, to be dealt with as provided by law, and to make return of this warrant to me within ten days after the date hereof. This warrant shall be served in the daytime in the NNEX DATED 19 at o'clock M. COUNTY COURT OF YORK OF YORK COUNTY SEAL NEBRUSKA Signature of Judge Title AFFIDAVIT FOR SEARCH WARRANT STATE OF NEBRASKA, YORK COUNTY: The complaint and affidavit of the undersigned, who being first duly sworn, upon oath says: Contrary to the statutes of the State of Nebraska, there is kept and concealed as hereinafter described, the following described property: 1980 through 1982 individual student grade reports; school attendance records; teacher performance records; curriculum reports; all textbooks that teach primary, secondary and high school subjects; parent/ child registration records for school and tuition payment records. This property is concealed or kept in, on, or about the following described vehicle, place of person: 74 Nebraska Ave., York, Nebraska; Lot 8 & 9, Block 3, Mead's Addition, York, York County, Nebraska This property is under the control or custody of: Good-Life Pentecostal Church of York, Nebraska, a corporation and Edward D. Morey The grounds for issuance of a search warrant are set forth in the attached affidavit(s) which are made a part hereof by reference to the same as if copied herein at length. WHEREFORE, affiant prays that a search warrant be issued, Zug Pilk Signature of Affiant COUNTY COURT Charl agents Title Chill $UBSCRIBED and SWORN to before me on 19 OF SE YORK Signature of Judge COUSE Title RETURN AND INVENTORY STATE OF NEBRASKA, YORK COUNTY: The undersigned, being first duly sworn, upon oath says that on Sept 15 , 1982 at 935 o'clock A1 M., I executed the within warrant as directed there and I siezed from the vehicle, place or person described in said warrant the following described prop- erty of which I am now in possession. Wherever possible I have indicated where each item was found in the vehicle or place or on the person: 10 Comulative File Records (student) 2 CLP Bonds 10 studing Arinds 84 sheets Do /y Recird 31 Demorits / sheet Parent CONFERENCE Records / Parent didget HAVED Buik 6 student Rep.x , X cards / ,lut or Notice 111.th / Pachai fromal it... hers 15hut tobit charge 5, gampl. Ji.j nate. / whool who litter class Grant ti.t This inventory was made in the presence of applicant and id N.1'1 - Truel More and a copy of the warrant and a receipt for the property was given to or left at 7" H'.SR' - A,, yes 11lk Signature of Applicant Title SUBSCRIBED and SWORN to before me on 19 Judge or Notary Public THESTATE OF NEBRASKA, THE STATE OF NEBRASKA, York COUNTY. $5. County, To the Sheriff of. York County, Nebraska: #1 You are hereby commanded to notify York Christian Academy and Good Life Pentecostal Church by service upon its president and Pastor Edward D. Morey, 74 Nebr. Ave., York, Ha. #2 Edward D. Morey personal service 74 Nebr. Ave. York, Nebr. #3 Irene D. Morey personal service, 74 Nebraska, York, Nebraska #4 John Doe by service upon any other male adult administrator, teacher's assistant or teacher at 74 Nebr Ave., York, Nebr. #5 Jane Doe by service upon any other female adult administrator, teacher's assistant or teacher at 74 Nebraska Ave., York; Nebraska Defendant 5. that they ha ye been sued by State of Nebraska, ex rel, Paul L. Douglar, Nebraska Attorney General and Vincent Valentino, York County Attorney Plaintiffs in the District Court of the Fifth Judicial District, in and for said County of York and that unless they answer on or before the 14th day of December A. D. 19 81 the petition of said Plaintiff filed against them in the Clerk's office of said Court, such pelition will be taken as true, and judgment rendered accordingly. You will make due return of this summons on or before Monday, the 23rd of THE day of November A. D. 1981 DISTRICT STATE * COURT YORK COUNTY WESHINGTON WITNESS my official signature and the seal of said Court al York, Nebraska this 9th day of November A. D. 1981 /8/ Jeanne Huff Clerk of the District Court. Deputy. 725 SUBPOENA- District Court - Short Form (Copy) York S TATE OF NEBRASKA York THE STATE OF NEBRASKA, COUNTY. Edward D. Morey, Pastor Irene Morey TO. Good Life Pentencostal Church Good Life Pentecostal Church York, Nebr York, Nebr. York Mobile Plaza #11 Home York Mobile Plaza #11 Home YOU ARE HEREBY COMMANDED to appear before the District Court in said county, on the 17 day September 82 10:30 fore 19 at o'clock in the noon, State of Nebraska et al to give evidence in a suit between plaintiff Good Life Pentencostal Church et al and defendant on the part of plaintiff the said WITNESS my hand and the seal of said court, this 13 September 82 YORK SEAL Seal OF THE DISTRICT COURT day of 19 RECEIVED /5/ Jeanne Huff * NEBRASKA Clerk of the District Court. Deputy. (Copy/ Doc 34 Page 128 No 12785 TATE OF NEBRASKA COPY $5 OF YORK Doc 34Vo 128 Page 12785 SUMMONS bing súlt I HEREBY CERTIFY that this is a true copy of the DISTRICT COURT. SUBPOENA York original writ, with all endorsements thereon. COUNTY. State of Nebraska et al RD Miller Sheriff, Stateof Nebraska et al vs. Plaintiff, Good Life Penecostal Church et By Deputy. 42 Defendant. DS. If Defendant fail to appear and answer, the Good Life Pentencostal chunch et al Plaintiff will take judgment for Tenporary injunction, permanent injunction, or restraining order THE CORN will be issued enjoining them from operation of the York Christian Academy, plus costs of this action., and other equitable relief Subpoena for. plaintiff Witnesses. Returned and filed this day Attest: In in ristur 12/ Jeanne Huff of 19. Clerk, By Deputy. [] Returnable Nov 23 1981 gaft 3 Vincent Valentino sansol. 101 Plaintiff's Attorney. Received NOVEMBER 10th 1981 RD Milks Sheriff, By Deputy. I hereby certify that this is a true copy of the Returned and Filed 19 original subpoena now in my hand, no. RD Willen Sheeff hon Dill aid) binz to 10m will ban band uni Clerk, E CL 11062 binld arti to Debinity No. 725 Deputy. FILED IN DISTRICT COL IN THE DISTRICT COURT OF YORK COUNTY, NEBRASKA NOV 9 1981 STATE OF NEBRASKA, exrel, ) JEANNE HUFF PAUL L. DOUGLAS, Nebraska ) CLERK Attorney General and VINCENT ) VALENTINO, York County Attorney, ) Plaintiff ) ) Doc. Page vs. ) ) GOOD-LIFE PENTECOSTAL CHURCH ) Case No. of York, Nebraska, a corporation; ) YORK CHRISTIAN ACADEMY, York, ) Nebraska; EDWARD D. MOREY: IRENE ) MOREY, and JOHN DOE and JANE DOE, ) PETITION real names unknown, ) Defendants ) ) Comes now the Plaintiff and for cause of action against the Defendants and each of them alleges and states as follows: PARTIES 1. This action is brought in the name of the State of Nebraska by Paul L. Douglas, duly elected qualified and acting Attorney General of the State of Nebraska, and by Vincent Valentino, duly elected, qualified and acting County Attorney of York, Nebraska, both of whom are charged by statute with enforcement of the laws pertaining to public and private shcools. 2. Defendant Good-Life Pentecostal Church of York, Nebraska is a non-profit corporation, organized and existing under the laws of the State of Nebr- aska, with its principal place of business in York, York County, Nebraska. Defendant York Christian Academy is a private school operated by said Good-Life Pentecostal Church in York, Nebraska, providing educational services for children in grades kindergarțen through twelfth grade. Defendant Edward.D. Morey-is the minister and president of the Good-Life Pentecostal Church of York, Nebraska, super- intendent, and teacher of the York Christian Academy. Defendant Irene D. Morey is a teacher and administrative assistant at York Christian Academy. There are or may be other Defendants designated at this time as John Doe and Jane Doe, whose real names are un- known, who are or may hold, upon information and belief, administrative or teaching posi- tions with said York Christian Academy. JURISDICTION 3. Defendant Good-Life Pentecostal Church of York, Nebraska is conducting through its officers, administrators, teachers and pastor a private school in York, York County, Nebraska known as York Christian Academy, which school opened in September 1980 and has been operated as a private school continuously, except for summer vacation, to this date, and will continue to be so operated unless restrained and enjoined. STATEMENT OF CLAIM 4. York Christian Academy is being operated in violation of the school laws of the State of Nebraska as follows: a. Failing to make reports as required by Section 79-207 R.R.S. Nebraska. b. Defendant Edward Morey, superintendent, head administrator and principal does not hold a Nebraska Administrative and Supervisory Certificate or a Nebraska Professional Administrative and Super- visory Certificate as required by Sec- tion 79-1229, R.R.S. Nebraska 1943. C. Defendants Irene Morey, John Doe, and Jane Doe are teachers in said school with- out holding a Nebraska Teaching Certificate or permit issued by the Commissioner of Education as required by Section 79-1233 R.R.S. Nebraska 1943. d. Failing to register teachers' or ad- ministrators' certificates in the office of the County Superintendent of the County of York County, Nebr- aska, as required by Section 79-1239 R.R.S. Nebraska 1943. e. Failing to render a Fall Approval Report to the State Department of Education of the State of Nebraska as required by Rule 14-(5) (a) (i) of the Rules and Regulations of the State Department of Education of the State of Nebraska. f. Failing to have on file in the State Department of Education of the State of Nebraska a complete transcript of all college credits earned by each teacher in York Christian Academy as-required-by- Rule 14-41 of the Rules and Regulations of the State Department of Education of the State of Nebraska. g. Failing to seek initial approval status as an approved school system as required by Rule 14- (2) of the Rules and Regula- tions of the State Department of Education of the State of Nebraska. h. Failing to comply with any of the Rules and Regulations of the State Department of Education of the State of Nebraska. i. Failing to comply with the School Laws of the State of Nebraska in the operation of a private school. 5. Defendant Edward D. Morey, in his capacity as presi- dent, pastor, superintendent and principal is spon- soring York Christian Academy and permitting the use of church property for the operation of said school. Demand has been made upon the Defendant Edward D. Morey, in his capacity as superintendent and principal of York Christian Academy for infor- mation and requesting compliance with the school laws of Nebraska, but he has refused and neglected to furnish information or comply therewith. 6. The violations of the school laws of the State of Nebraska by the defendants are continuous and are being constantly repeated so that the remedy at law would require the bringing of successive and multiple actions, thereby rendering such remedy inadequate. Defendants have repeatedly stated that York Christian Academy is not subject to the school laws of the State of Nebraska. The operation thereof violates the public policy of this State, and constitutes a continuing and flagrant course of violations of the school laws of the State of Nebraska. The protection of public rights and the welfare of the citizens, as well as the welfare of pupils attending said school, is sufficient to invoke the injunctive processes of this Court. WHEREFORE plaintiff prays that the York defendants and each of them be enjoined from further operation of York Christian Academy or participation therein without complying with the school laws of the State of Nebraska, that a restrain- ing order, temporary injunction and permanent injunction issue, and for such other and further relief as may be just and equitable, plus costs. STATE OF NEBRASKA, ex rel, PAUL L. DOUGLAS, Nebraska Attorney General and Vincent Valentino, York County Attorney, Plaintiff, By York County Attorney STATE OF NEBRASKA ) ) ) SS. COUNTY OF YORK ) Vincent Valentino, being duly sworn upon oath, deposes and says that he has read the foregoing Petition, knows the contents thereof, and that the facts contained therein are true. Subscribed and sworn to before me this 9th day of November, 19 SEAL OF THE BISTRICT COURT Notary Public Shown Cude, Dp. * CLERK OF DISTRICT COURT YORK COUNTY, PRAECIPE FOR SUMMONS TO ISSUE Please prepare summons to be served upon the following persons: 1) York Christian Academy and Good-Life Pentecostal Church by service upon its president and pastor Edward D. Morey, 74 Nebraska Ave., York, Nebraska; 2) Edward D. Morey by personal service at 74 Nebraska Avenue, York, Nebraska; 3) Irene D. Morey by personal service at 74 Nebraska Avenue, York, Nebraska; 4) John Doe by service upon any other male adult administrator, teacher's assistant, or teacher at 74 Nebraska Avenue, York, Nebraska; 5) Jane Doe by service upon any other female adult administrator, teacher's assistant, or teacher at 74 Nebraska Avenue, York, Nebraska. You are to inform the Defendants that if they fail to answer said Petition as required by law that a tempory in- junction, permanent injunction, or restraining order will be issued enjoining them from operation of the York Christian Academy, plus costs of this action.