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Clemency Program - General (6)
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Clemency Program - General (6)
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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President (1974-1977 : Ford). Presidential Clemency Board. (09/16/1974 - 09/15/1975)
Veterans
Amnesty
Legislative liaison
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1977
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The original documents are located in Box 5, folder "Clemency Program - General (6)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. E. FREDERIC MORROW 1270 Fifth Avenue New York, New York [sept 1975?] 10029 To The Editor: The September 20th issue of the Times contained a major story with the headline: "Clemency Board Minority Finds Program Distorted by Majority." The body of the story proceeded to accuse the chairman, Charles E. Goodell, and his staff of misinterpreting, circumventing and violating at least the spirit of the Presidential order establishing the amnesty program for Vietnam war resisters. It also suggested that when the Board was expanded in May from nine to eighteen members, Senator Goodell "stacked" the panel so that it became "a more amnesty-oriented, Goodell-influenced group." Most of the members of the Board had never met Senator Goodell, and were appointed by the President for reasons he considered pertinent. It is therefore presumptuous for anyone to accuse Senator Goodell of "stacking" the President's Board. The cloak-and-dagger tactics of the "minority four" in preparing their report would shame the C.I.A. No other Board members were ever permitted to see the report, and these four members - all military men- were afflicted with an anti-clemency attitude that was hard to comprehend. They were never able to rise above their mistaken convictions of why they were there or the reason for the creation of the Board. No American has a monopoly on patriotism - no matter what his rank, position or economic status. And I am certain the "majority members" of the Board resent bitterly the impugning of their motives, their acts, and velled assertions of disloyalty to the President and our country. The sincerity of the "minority" report is suspect. It would have been much more convincing if these disenchanted members had resigned in pro- test against the "Incompetence" of the majority early in the Board's deliberations. But they chose to hang on, basking in the glory of a Presidential appointment and offering only negative assistance. (continued...) FORD is LIBRARY Digitized from Box 5 of the Philip Buchen Files at the Gerald R. Ford Presidential Library Anyone can function one hundred percent as a critic. What the Clemency Board needed this past hot summer in Washington was not Inside critics, but dedicated, sincere workers offering solutions to difficult problems. in E. Frederic Morrow Member, President's Clemency Board New York, New York September 26, 1975 GERALD LIBRARY ? FORD [sept 1975?] THE WHITE HOUSE WASHINGTON Forday FORD - 074820 LIBRARY PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 Memorandum For: Philip Buchen From: General Lewis W. Walt Subject: Applicants with felony convictions who have been recommended for a Presidential Pardon by the PCB Attached is a summary of 100 cases who have been convicted of a felony and either have been or will be submitted to the President. This represents approximately 5% of the applicants who have a felony con- viction on their record. The following represents the recommendations of the PCB for these cases: 2 - No Clemency 26 - Full and Unconditional Pardon 8 - Pardon after 3 months Alternative Service 1 - Pardon after 4 months Alternative Service 2 - Pardon after 5 months Alternative Service 26 - Pardon after 6 months Alternative Service 2 - Pardon after 7 months Alternative Service 20 - Pardon after 9 months Alternative Service 1 - Pardon after 10 months Alternative Service 12 - Pardon after 12 months Alternative Service I voted for No Clemency on all of these cases but was out-voted. I recommend that the President disapprove the above recommendations of the PCB and that No Clemency be granted. Further, I recommend that all future recommendations of the PCB pertaining to applicants who have been convicted of a felony be properly identified in a separate packet to the President. DRD Case Number Decision Date of Decision Felony 634 6 months 8/13 Sale of Marijuana 1077 months 7/2 Burglary 1825 12 months 8/23 Transportation of Stolen Vehicle 2209 6 months 8/30 Carnal Knowledge of a female under 12 2253 6 months 8/24 Larceny & Forgery 2382 3 months 8/23 Stolen Vehicle 2415 6 months 7/2 Burglary 2698 9 months 6/26 Possession of Stolen Property 2888 10 months 8/7 2nd degree Burglary 2964 12 months 8/13 Unauthorized use of Automobile 3079 9 months 8/6 Burglary 2 counts 3091 5 months 9/4 Burglary Currently Confined 3148 6 months 8/20 Breaking and Entering, Possession of Drugs 3681 6 months 7/2 Theft, Burglary 3856 9 months 8/24 Unarmed Robbery FORD LEGRARY 3914 9 months 6/25 Drugs 4384 12 months 6/5 Forgery Case Number Decision Date of Decision Felony 4443 3 months 8/24 Bad Checks 4481 Pardon 8/6 False Statement to Secure Firearms 4640 3 months 8/24 House Burglary 4697 Pardon 8/24 Possession of Dangerous Drugs - 2nd degree Burglary 4912 12 months 8/22 Grand Larceny 4998 9 months 8/20 Attempted Escape & Auto Theft 5174 12 months 8/7 Larceny 5246 12 months 8/6 Breaking & Entering Unauthorized use of Motor Vehicle 5329 Pardon 8/7 Armed Robbery Currently Confined 5688 6 months 7/8 Burglary 5734 6 months 8/14 Involuntary Manslaughter Currently Confined 6076 Pardon 8/30 2nd degree Robbery Currently Confined 6440 9 Months 8/6 Attempted Burglary Currently Confined 6630 Pardon 8/23 Robbery Probation Case Number Decision Date of Decision Felony 7082 3 months 6/23 Possession of Drugs On Probation 7599 Pardon 8/23 Bank Robbery On Parole 7940 6 months 6/17 Stolen Vehicle False Statement on Passport Currently Confined 10006 Pardon 7/2 Breaking & Entering Parole 10040 12 months 7/2 Accessory to Theft over 200,00 Currently Confined 10044 6 months 8/13 Firearms Violation Escape from Prison 10420 7 months 8/31 Dist. LSD 10462 No Clemency 6/4 Two Assault Charges 11942 Pardon 7/16 Forged Checks Currently Confined 11613 12 months 8/23 Breaking & Entering Currently Confined 16673 Pardon 8/22 Passing Counterfeit Money Currently Confined 8181 Pardon 8/6 Breaking & Entering 8194 Pardon 8/24 Breaking & Entering Case Number Decision Date of Decision Felony 8295 6 months 8/30 5 felony Charges 2 counts Grand Larceny 2nd Degree Burglary 8704 Pardon 8/23 Grand Larceny Assault w/Intent to Murder 8711 Pardon 7/8 2nd Degree Forgery Currently Confined 8715 6 months 8/13 Sale & Possession of narcotics 8717 9 months 8/24 Interstate Transportation Motor Vehicle & Escape from Confinement 8843 5 months 8/3 Burglary 9246 9 months 8/6 Burglary, Larceny Auto Tampering Currently Confined 9399 Pardon 8/31 Theft of Mail 9411 6 months 8/24 Grand Larceny Auto 9538 Pardon 8/13 Assault & Battery Forgery 12121 No Clemency 6/26 Breaking & Entering Presently Confined 12162 Pardon 7/8 Burglary & Robbery 12240 Pardon 8/6 Unauthorized Use of Motor Vehicle Case Number Decision Date of Decision Felony 12255 6 months 8/23 Possession of Marijuana 12780 Pardon 8/23 Burglary & Possession of Marijuana 12988 9 months 8/13 House Breaking 13007 4 months 8/23 Attempted Burglary 13032 9 months 8/30 Burglary 2 Convictions 13057 6 months 8/13 Larceny of Weapon and Cash 13159 Pardon 7/25 Aggravated Assault 13267 7 months 8/20 Possession of Heroin 13593 3 months 7/8 Possession of Controled Substance Currently Confined 13722 Pardon 8/21 Fraud, Impersonating a Naval Officer 13747 9 months 8/23 Controled Substance Violation Currently Confined 14043 9 months 8/31 Possession of Stolen Mail & Treasury Checks Currently Confined 14464 3 months 7/9 Grand Theft Auto Possession of Dangerous Drugs 14531 6 months 8/31 Involuntary Manslaughter Case Number Decision Date of Decision Felony 14551 3 months 8/23 Delevery of Heroin Currently Confined 14623 3 months 8/13 Possession of Stolen Goods Breaking & Entering of Automobile Pardon 8/13 1st Degree Manslaughter 14938 9 months 8/13 Burglary Currently Confined 14950 6 months 8/21 Burglary 14951 Pardon 8/14 Burglary, Possession of Marijuana Currently Confined 14992 12 months 8/13 Armed Robbery Currently Confined 15293 6 months 8/20 Armed Robbery Presently Confined 15305 Pardon 8/23 Grand Larceny 15343 Tabled 8/30 Possession of Dangerous drugs w/intent to sell Drawing weapon on officer 15359 6 months 8/23 Violation of Control Substance Act (Heroin) Presently Confined 15368 6 months 8/13 Distribution of Narcotics Presently Confined 15381 6 months 8/13 Uttering Forged FORD Instruments Presently Confined Case Number Decision Date of Decision Felony 15400 Pardon 8/24 Statutory Rape Presently Confined 15477 9 months 8/24 Burglary Presently Confined 15487 6 months 8/13 Forgery - failure to support minor children NCG Homicide 15518 Pardon 8/13 Possession of Stolen Money Orders, Escape federal custody Presently confined 15539 9 months 8/23 Theft, forgery and Possession of U.S. Treasury check. Presently Confined. 15926 Pardon 8/23 Attempted Murder Shot up a Bar Gunfight with Police 17063 6 months 9/4 writing Bad Checks Presently Confined FORD LIBRARY MEMORANDUM THE WHITE HOUSE WASHINGTON September 2, 1975 MEMORANDUM FOR: PHIL BUCHEN FROM: DON RUMSFELD Subject: Clemency Board Proposal We visited this morning on the subject. It is my understanding that the Counsel's office is reviewing each one of the Clemency Board's recommended actions and that thus far you have con- curred with each decision of the Clemency Board. Is that correct? I assume you are taking a good hard look at what is being proposed by way of specific actions both with respect to individuals and recommendations. In any event, that's the President's desire. to LENALE FORD THE WHITE HOUSE WASHINGTON 9/3 Mr. Buchen General Walt has given permission for you to mention Walt's meeting with you and Jack Marsh, and to refer to the attached letter which was called to your attention. Jay PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 June 4, 1975 Mr. L. T. McKnelly College Coordinator United States Penitentiary P.O. Box 1000 Leavenworth, Kansas 66048 Dear Mr. McKnelly: As we discussed in our telephone coversation today I am enclosing 75 Presidential Clemency Board application kits for use by potential applicants currently incarcerated in the penitentiary at Leavenworth. These should be completed as fully as possible and returned to us no later than June 15 for processing. Due to our previous error and the consequent delay, we would appreciate your sending all the completed applications in one return package. Once again, I want to offer my sincere apologies for the mix-up. Please be assured that these applications will receive our fullest attention. Sincerely, Carolyn Carolyn J. Swanson Staff Assistant FORD THE WHITE HOUSE WASHINGTON September 12, 1975 ADMINISTRATIVELY CONFIDENTIAL MEMORANDUM TO: PHIL BUCHEN JACK MARSH JIM CONNOR DICK CHENEY FROM: RUSS ROURKE R General Walt called me again this morning to make one final comment with regard to the wrap-up of the Clemency Board. He has agreed to cancel the press conference he had scheduled for today and to reject the invitation he had to be a guest on "Meet the Press". He has, however, met with a number of veterans organiza- tions and newspaper and magazine reporters concerning what he feels are the "excesses" of the Board. In brief, it is General Walt's view that the majority of the Board is commited to a program of general amnesty and that the actions of the Board, thus far, have been an effec- tive precursor to that end. In the best interests of the President, General Walt simply suggests that the President do nothing and say nothing that would be interpreted as an endorsement of the actions taken by the Board. Walt is convinced that a number of reporters, having been briefed by him and others, are prepared to pounce on the Board, once its final report is made public. If the President endorses the actions of the Board, they will turn on him with equal vigor. General Walt is interested in seeing to it that the President does not place himself in a vulnerable position. For the above reasons, it is suggested that no statement be released by the President, or in his behalf, at the conclusion of the Board's work. Secondly, General Walt advises against the scheduling of any reception for the members of the Board and the detailees who worked with the Board. He agreed that a meeting with the President for a small representative group from the Board was a practical, if not unavoidable, necessity. THE WHITE HOUSE Clamancy WASHINGTON September 12, 1975 ADMINISTRATIVELY CONFIDENTIAL MEMORANDUM TO: PHIL BUCHEN JACK MARSH JIM CONNOR DICK CHENEY FROM: RUSS ROURKE R General Walt called me again this morning to make one final comment with regard to the wrap-up of the Clemency Board. He has agreed to cancel the press conference he had scheduled for today and to reject the invitation he had to be a guest on "Meet the Press". He has, however, met with a number of veterans organiza- tions and newspaper and magazine reporters concerning what he feels are the "excesses" of the Board. In brief, it is General Walt's view that the majority of the Board is commited to a program of general amnesty and that the actions of the Board, thus far, have been an effec- tive precursor to that end. In the best interests of the President, General Walt simply suggests that the President do nothing and say nothing that would be interpreted as an endorsement of the actions taken by the Board. Walt is convinced that a number of reporters, having been briefed by him and others, are prepared to pounce on the Board, once its final report is made public. If the President endorses the actions of the Board, they will turn on him with equal vigor. General Walt is interested in seeing to it that the President does not place himself in a vulnerable position. For the above reasons, it is suggested that no statement be released by the President, or in his behalf, at the conclusion of the Board's work. Secondly, General Walt advises against the scheduling of any reception for the members of the Board and the detailees who worked with the Board. He agreed that a meeting with the President for a small representative group from the Board was a practical, if not unavoidable, necessity. LALO FORD LIBRAN 15 September 1975 9/17/75 MEMORANDUM givents Buss Rounks at Col, Benson's TO: Chairman Charles Goodell request. FROM: General Walt Mr. Dougovito SUBJECT: Upgrade Cases, Recomendation Concerning To date there have been 25 cases tentatively recommended for upgrade. There are still over 200 cases which have not been considered and due to the Board's termination date of 15 September 1975, they cannot be considered. It was the consenses of the Full Board and the strong position of the Department of Defense that all the upgrade cases should be considered at one time. We also believe that each case must have a careful final check to make sure that all facts presented in the brief are accurate and that the applicant is not now in trouble with the law. We, therefore, are definitely opposed to approving only the 25 cases which have been tentatively acted on by the Upgrade Panel. We recommend that the upgrade program of the Clemency Board be abandoned and that the 25 tentatively above cases and the 207 cases not yet acted on by the Upgrade Panel be turned over to the Review Boards of the Da- fense Department for special consideration. We are still firm in our belief that there are many deserving applicants in this group who should be given the veteran's benefits. FORD is LIBRARY 0ERALD Lowis W. Walt James P. Dougovito Board Member Board Member THE WHITE HOUSE WASHINGTON 10/20 Mr. Buchen: Marty Hoffmann's office asks that we ignore this letter; no response is necessary. DOD has directed already that these 200 cases be Processed. Day FORD LIBRARY is ALD - For Jay to review of Provide me with advise. in FORD LII check Tray G- GERALD VERARY department incolved are thro other Clemency DEFENSE SECRETARY OF THE ARMY WASHINGTON AMERICA OF 11 OCT 1975 The Honorable Philip W. Buchen Counsel to the President The White House Washington, D.C. 20500 Dear Phil: The Department of the Army has been asked by the Presidential Clemency Board, through the Office of the Secretary of Defense, to process certain individuals for executive clemency under the provi- sions of Presidential Proclamation 4313. Essentially, the cases all involve deserters-at-large who contacted the Presidential Clemency Board prior to March 31, 1975, and indicated their desire to partici- pate in the program of presidential clemency. As a result of adminis- trative neglect at the Presidential Clemency Board, it was not dis- covered until after the expiration of the period of eligibility that these individuals were properly subject to military jurisdiction, and thus, not within the authority of the Board. Department of the Army believes that individuals in this situation are entitled to consideration of some kind. Their failure to return to military control and be processed under the procedures established for the program of presidential clemency was due to no fault of their own. When the program originally expired on March 31, 1975, there were 51 individuals who, again through no fault of their own, were physically unable to return to military control for processing under the program, e.g. jail, hospital, etc. We determined at that time to treat prior expressions of interest as a "constructive reporting" for purposes of the program. Indications are that there are approximately 200 individ- uals who have applied to and been overlooked by the Board. FORD LIBRAFT Unless you have some objection, we plan to treat the previous attempt of these individuals to report to the Presidential Clemency Board as a "constructive reporting" and process them for executive clemency under the same rules that obtained with respect to the military deserter part of the President's Clemency Program. Sincerely, Marty Hoffmann FORD LIBRAR, 2 PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 October 20, 1975 MEMORANDUM TO: Charles PHIL BUCHEN E. Goodell FROM : CHARLES E. GOODELL SUBJECT : DISPOSITION OF PERSONAL PAPERS OF BOARD MEMBERS With the completion of the work of the Presidential Clemency Board, a number of Board Members have expressed their intention to retain their personal copies of the materials generated during the year. One member is now using her papers as part of a course in government at the Kennedy School of Government. Father Hesburgh will be depositing his papers at the University of Notre Dame where his Civil Rights Commission papers are now located. The University wishes to have them conveniently available for research purposes and is already planning an initial research project. I will probably deposit my own papers with the New York Public Library where my Congressional papers are located or with Father Hesburgh's at his University. The Board developed a wealth of information during the course of its work and it would be extremely worthwhile if this knowledge were made available for future scholarship. All of these materials are personal copies of Board Members. The originals are being submitted to the Archives for official retention. I see no problems in the planned disposition of the duplicates, and I am writing you this memo merely to inform you of these intentions. If you see any difficulties, I hope you will contact me promptly. THE WHITE HOUSE dimary WASHINGTON November 6, 1975 Dear Charlie: Thank you for your recent memorandum concerning the disposition of the papers of former members of the Presidential Clemency Board. However, there are two problems that should be resolved prior to the disposition of these papers outside of Government control. As I am sure you are aware, the question of ownership of Presidential papers is now in litigation. Enclosed are the guidelines used by the previous Administration which describe the categories of materials that staff members can take with them on departure. Inasmuch as the present litigation does not appear to affect these guidelines, we have continued to follow them in order to preserve the status quo. In view of the unique nature of the Board's functions, these guide- lines should be applied in this instance. The second problem relates to the confidentiality of the materials which the guidelines authorize to be taken on departure. Although the Board's papers are not now subject to the specific safeguards of the Privacy Act of 1974, P.L. 93-579, any disposition of these papers should also take into account the protection of individual privacy which the Act seeks to assure. In effect, the Board has already made this determination by its regulation guaranteeing the confidentiality of communications to the Board from applicants and potential applicants, 2 CFR 100. 12(a). In view of this regulation and in order to comply fully with the spirit of the Privacy Act, appropriate guidelines should be developed FORD -2- prior to the disposition of any of these materials to points outside government control. My staff would be pleased to discuss further these matters with you at your convenience. With best wishes, Sincerely, Thil Philip W. Buchen Counsel to the President The Honorable Charles E. Goodell Hydeman, Mason & Goodell 1225 - 19th Street, N.W. Washington, D.C. 20036 PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 October 20, 1975 MEMORANDUM TO: Charles PHIL BUCHEN E. Goodell FROM : CHARLES E. GOODELL SUBJECT : DISPOSITION OF PERSONAL PAPERS OF BOARD MEMBERS With the completion of the work of the Presidential Clemency Board, a number of Board Members have expressed their intention to retain their personal copies of the materials generated during the year. One member is now using her papers as part of a course in government at the Kennedy School of Government. Father Hesburgh will be depositing his papers at the University of Notre Dame where his Civil Rights Commission papers are now located. The University wishes to have them conveniently available for research purposes and is already planning an initial research project. I will probably deposit my own papers with the New York Public Library where my Congressional papers are located or with Father Hesburgh's at his University. The Board developed a wealth of information during the course of its work and it would be extremely worthwhile if this knowledge were made available for future scholarship. All of these materials are personal copies of Board Members. The originals are being submitted to the Archives for official retention. I see no problems in the planned disposition of the duplicates, and I am writing you this memo merely to inform you of these intentions. If you see any difficulties, I hope you will contact me promptly. § 101.11 Title 2-Clemency (3) As to any person denied executive plicant is entitled to representation and clemency, again not recommend the ap- will be encouraged to seek legal counsel plicant for executive clemency. experienced in military or selective serv- § 101.11 Referral to appropriate agen- ice law. Upon request, Board staff cies. will attempt to refer an applicant to a skilled volunteer representative. After the expiration of the period (b) An applicant who does not wish allowed for petitions for reconsideration, to file his application in person may have the Chairman of the Board shall forward his representative do so on his behalf. for further action to the Secertaries of the Army, Navy, and Air Force, the § 101.14 Requests for information about Secretary of the Department of Trans- the clemency program. portation, the Director of the Selective (a) Upon receipt by the Board of an Service System, and the Attorney oral or written request for information or General, as appropriate, the President's consideration concerning an individual determination as to each recipient of who is clearly beyond the jurisdiction of executive clemency. the Board, a member of the Board's staff $ 101.12 Confidentiality of communica- shall inform the individual: tions. (1) That jurisdiction does not lie; (2) Whether jurisdiction may lie (a) The Board has determined that it within the Presidential clemency pro- will take all steps possible to protect the gram, and if so, with which agency; privacy of applicants and potential ap- (3) That in the event the individual plicants to the Presidential clemency prefers not to contact personally such program. No personal information con- other agency that an Action Attorney cerning an applicant or potential ap- will obtain from such other agency in- plicant and related to the Presidential formation concerning the individual's clemency program will be made known status with respect to the Presidential to any agency, organization, or individ- clemency program, and provide to the ual, whether public or private, unless individual that information. such disclosure is necessary for the (b) The Action Attorney shall submit normal and proper functioning of the to the Executive Secretariat of the Presi- Presidential Clemency Board. How- dential Clemency Board a summary of ever, information which reveals the the communication with, and informa- existence of a violation of law (other tion provided to, such individuals. than an offense subject to the Presi- ch dential clemency program) will of neces- APPENDIX A1 th sity be forwarded to the' appropriate APPENDIX B-INSTRUCTIONS FOR APPLICATION ta authorities. FOR CLEMENCY (b) In order to have his case con- On September 16, 1974, the President an- yo sidered by the Board, an applicant nounced a program of clemency. Depending need submit only information sufficient on your case, you may apply to the Presi- for a determination of jurisdiction, and dential Clemency Board, the Department of lei for the retrieval of necessary official Justice, or the Department of Defense. records and files. The application You may be eligible for clemency by the ac form will therefore require the ap- Presidential Clemency Board if you have tic been convicted of a drait evasion offense plicant's name; date of birth; selective such as failure to register or register on time: service number; military service and th failure to keep the local board informed of service number, if applicable; informa- current address; failure to report for or sub- tion concerning the draft evasion of- mit to pre-induction or induction examina- W fenses or absence-related military of- tion; failure to report for or submit to or 45 fenses and the disposition thereof; and complete service, during the period from se the mailing address of either the appli- August 4, 1964 to March 28, 1973; or if you cant or his representative. If the appli- have received an undesirable, bad conduct, th or dishonorable discharge for desertion, ab- be cant submits such information as part sence without leave, or missing movement, in of his initial filing, the completion of the and for offenses directly related, between Au- 30 application form itself is not necessary. gust 4, 1964 to March 28, 1973. be § 101.13 Representation before the If you are now absent from military serv- ice or have a charge against you for a Selec- Board. tive Service violation and have not been con- i FORD sh no (a) Although an applicant may bring victed or received a discharge. you may still his case before the Board without a rep- resentative or legal counsel, each ap- 1 Filed as part of original document. LIBRARY Sp GERALD pe h: 6 Chapter I-Presidential Clemency Board s 102.3 be eligible for clemency under another part PART 102-SUBSTANTIVE STANDARDS of the President's program. If you have any OF THE PRESIDENTIAL CLEMENCY questions, please contact the Board and we BOARD will try to answer your questions. If you believe that you are eligible to be Sec. considered by the Presidential Clemency 102.1 Purpose and scope. Board but are not sure, you should apply to 102.2 Board decision on whether or not to the Board. If it turns out that you are not recommend that the President grant eligible for consideration by the Board, you executive clemency. may possibly qualify under another part of 102.3 Aggravating circumstances. the clemency program. You do not have to 102.4 Mitigating circumstances. identify your current location. We will then 102.5 Calculation of length of alternative be able to notify you of the proper agency to service. contact. If you are appealing a conviction or a military discharge you may continue your AUTHORITY: E.O. 11803, 39 FR 33297. appeal, and still apply to the Board at the SOURCE: 39 FR 41353, Nov. 27, 1974, unless same time. otherwise noted. Correctly designated, 39 FR I. The Board will not give its files to any 44709, Dec. 27, 1974. other federal agency. It will keep any in- formation you provide in strictest confidence, § 102.1 Purpose and scope. except evidence of a serious crime which is This part articulates the standards not covered in the Presidential Clemency pro- which the Presidential Clemency Board gram. will employ in deciding whether to rec- II. Although you may apply to the Board ommend that the President grant execu- without attorney or any other representative tive clemency to a particular applicant, if you wish, we encourage you to obtain the and in then deciding whether that grant help of legal counsel. If you do not have a counsel but desire one, we will be glad to of celemency should be conditional. and, refer you to a lawyers' organization which if so, upon what specified period of alter- will help you find one. These organizations native service. will help you get legal assistance even if you § 102.2 Board decision on whether or cannot afford to pay. not to recommend that the President III. To apply to the Board, you need only grant executive clemency. supply the information necessary to find your file from other departments. If you do (a) The first decision which the Board not wish to file your application personally, will reach, with respect to an application you may select 2 representative of your own before it, is whether or not it will recom- choice to do it for you, but you must tell us mend to the President that the applicant that he is authorized. The Board will main- be granted executive clemency. In reach- tain its own file on your case and that file ing that decision, the Board will take will be available for examination by you or notice of the presence of any of the ag- your own attorney. IV. You are encouraged to submit evidence gravating circumstances listed in § 102.3, which you feel helps your case, and to submit and will further take notice of whether letters from other people on your behalf. You such aggravating circumstances are bai- may submit evidence in order to correct in- anced by the presence of any of the miti- accurate, incomplete, or misleading informa- gating circumstances listed in § 102.4. tion to the Board's file. (b) Unless there are aggravating cir- V. A personal appearance by you before cumstances not balanced by mitigating the Board will not be necessary. circumstances, the Board will recommend If you have any questions, please call or write the Presidential Clemency Board. The that the President grant executive clem- White House, Washington, D.C. 20500, (202- ency to each applicant. 456-6476). If application is made by a repre- § 102.3 Aggravating circumstances. sentative on your behalf, it is not necessary that your home address and telephone num- (a) Presence of any of the aggravating ber be included. Your representative should circumstances listed herein either will indicate his capacity (attorney, friend, etc.) disqualify an individual for executive and give us his address and telephone num- clemency or may be considered by the ber. Board as cause for recommending to the Application for people not in custody President executive clemency conditioned should be completed and mailed to the Board no later than midnight, January 31, 1975. upon a length of alternative service ex- Special procedures will be established for ceeding the applicant's "baseline period persons incarcerated whether or not they of alternative service," as determined have been released on furlough. under § 102.5. FORD 7 is GERALD LIBRARY WHITE HOUSE OFFICE PAPERS By custom and tradition, all White House Office of newspapers or magazine clippings; and copies papers are regarded as the personal property of of records of a personnel nature relating to a per- the President and subject to such control and dis- son's employment or service. Personal files should position as he may determine. At the close of the not include any copies, drafts or working papers Administration, the entire collection of papers now that relate to official business or any documents or being created may be expected to be deposited in records, whether or not adopted, made or received a Presidential library similar to the libraries that in the course of official business. preserve the papers of the last six Presidents. To 3. Each staff office shall forward regularly to provide the President with a complete and accu- Central Files three copies of all outgoing official rate record of his tenure in office, the White House business consisting of correspondence and memo- staff must oversee the preservation of the papers randa. One copy of all other outgoing related it generates. materials should also be filed. The procedures set forth in this document rep- 4. Each staff office shall forward regularly to resent the collective thinking of many members of Central Files any incoming official business from the staff as to how best to preserve papers and sources other than White House staff offices after documents for the President. Compliance with action, if any, has been taken. Each staff office, if these procedures is an expression of loyalty by the it so desires, may keep a copy of such incoming staff to the President. For these procedures to be official business for its own working files. effective, it will require cooperation and assistance 5. Each staff office shall forward regularly to of every staff member. Central Files any originals of incoming official The security classification of each document business from other White House staff offices after prepared in the White House is determined by the action, if any, has been taken and if such originals individual staff member writing it in accordance were not intended to be returned to the sender. with Executive Order 10501-or other applicable If desired, a copy may be kept for the staff's work- Executive Orders. He is responsible for insuring ing files. that the classification assigned to his work reflects 6. Each staff office shall forward to Central Files the sensitivity of the material concerned, and also at such times as it determines to be appropriate for making certain that this classification is not all working files of official business which are in- excessively restrictive. active and no longer needed. These files will be stored by office as well as listed by subject matter. White House Office Papers: Filing with Central They will, of course, always be available for later Files reference. 7. Each staff office at its own discretion may seg- 1. It is requested that the maximum possible regate any materials that. it believes to be partic- use be made of Central Files, and the procedures ularly sensitive and which should not be filed by listed below be followed. This will aid in the faster subject matter. Such sensitive materials should be and more complete retrieval of current informa- forwarded to the Staff Secretary on the same basis tion, eliminate unnecessary duplication of files, as outlined in paragraphs 3 through 6 in an en- prevent excessive xeroxing, and maximize preser- velope marked SENSITIVE RECORDS FOR vation of White House papers. STORAGE with the office or individual from 2. Each staff member shall maintain his per- which they are sent marked on the outside and (as sonal files separate from any working files he may appropriate) a list of inventory in general terms keep on official business and clearly designate them attached. This list of inventory should also be as such. Personal files include correspondence un- sent to Central Files so that notations can be made related to any official duties performed by the staff in subject files that certain material is missing from member; personal books, pamphlets and periodi- the file. These materials will be filed in locked con- cals; daily appointment books or log books; folders tainers and will only be made available to the in- FORD DERALD LIBRARY dividual or office from whom they were received. 3. A staff member, upon termination of employ- S. No defense material classified under Execu- ment, may at his discretion make copies for his tive Order No. 10501 with a classification of TOP personal use of a carefully chosen selection of the SECRET or Restricted Data under the Atomic following types of documents within his files: Energy Act of 1954 should be forwarded to Cen- (A) Documents which embody original intel- tral Files. All such material should be forwarded lectual thought contributed by the staff member, to the Staff Secretary for storage. such as research work and draftsmanship of 9. No exceptions to the above shall be made speeches and legislation. without the express consent of the Counsel to the (B) Documents which might be needed in President. Additional advice on the operation of future related work by the individual. Central Files may be obtained from Frank 4. No staff members shall make copies as per- Matthews, Chief of Central Files (Ext. 2240). mitted in paragraph three of any documents which contain defense material classified as CONFI- White House Office Papers: Disposition of Papers DENTIAL, SECRET OR TOP SECRET under Upon Leaving Staff Executive Order No. 10501, Restricted Data under 1. Upon termination of employment with the the Atomic Energy Act of 1954, or information staff, each staff member will turn over his entire supplied to the government under statutes which files to Central Files with the exception of any make the disclosure of such information a crime. personal files he might have maintained. 5. Each staff member who decides to make copies 2. Personal files include: correspondence unre- of such documents described in paragraph three lated to any official duties performed by the staff shall leave a list of all such documents copied with member; personal books, pamphlets and periodi- Central Files. This will enable retrieval of a docu- cals; daily appointment books or log books; folders ment in the event that all other copies of it and the of newspaper or magazine clippings; and copies original should be later lost. of records of a personal nature relating to a per- 6. The discretionary authority granted in para- son's employment or service. Personal files should graph three is expected to be exercised sparingly not include any copies, drafts, or working papers that relate to official business; or any documents or and not abused. All White House Office papers, records, whether or not adopted, made or received including copies thereof, are the personal property in the course of official business. The White House of the President and should be respected as such. Office of Presidential Papers, staffed by represen- Any copies retained by a staff member should tatives of the National Archives, is available to be stored in a secure manner and maintained assist staff members in the determination of what confidentially. are personal files. Any question in this regard 7. All confidential and sensitive materials will should be resolved with their assistance by con- be protected from premature disclosure by specific tacting John Nesbitt, supervisory archivist of the provisions of the Presidential Libraries Act of Office of Presidential Papers (Ext. 2545). 1955 (44 U.S.C. 2108). BERALD FORD LIBRARY of THE WHITE HOUSE WASHINGTON November 4, 1975 MEMORANDUM FOR: CHARLES GOODELL FROM: PHILIP BUCHEN SUBJECT: Disposition of the Personal Papers of Clemency Board Members Referencing your memorandum concerning the papers of persons who were previously members of the Presidential Clemency Board, there are at least two problems that must be resolved prior to the disposition of any of these papers outside Government control. Attached are the guidelines from the previous Administration describing the types of papers which White House staff members can take with them on departure. The current litigation concerning the ownership of the Presidential materials of the Nixon Administration does not appear in any way to affect the validity of these guidelines, but instead deals with ownership between a former President and the government. In order to preserve the status quo, these guide- lines should be followed by former members of the Board as well as the staff. To the extent that these guidelines permit the taking of some materials, the confidentiality of these files must be considered. The Department of Justice has concluded that the papers of the Pardon Attorney at the Department of Justice are Presidential papers because they relate to a function which only the President can exercise. As such, they are outside the scope of the Privacy Act of 1974, P.L. 93-579. For the same reasons, OLC believes that the papers of the Board are not subject to the specific safeguards imposed by the Act for the protection of information relating to identifiable individuals. Even so, any disposition of these papers should take into account the protection of individual privacy which the Act seeks to assure. This point is all the more important in that the Board's own regulations provide for the confidentiality of communications to the Board from applicants and potential applicants. Subsection (a) of 2 CFR 100. 12 states in part that: GERALD LIBRARY -2- "The Board has determined that it will take all steps possible to protect the privacy of applicants and potential applicants to the Presidential clemency program. No personal information concerning an applicant or potential applicant and related to the Presidential clemency program will be made known to any agency, organization, or individual, whether public or private, unless such disclosure is necessary for the normal and proper functioning of the Presidential Clemency Board. " In view of this Regulation, and in order to comply with the spirit of the Privacy Act, appropriate guidelines for the protection and use of such materials must be developed prior to the disposition of any of these materials to points outside government control. My staff would be pleased to discuss these matters with you at your convenience. THE WHITE HOUSE wASHINGTON April 9, 1976 MEMORANDUM FOR THE SECRETARY OF THE ARMY This is to formally approve the recommendation contained in your memorandum of March 17, 1976, regarding proposed procedures for review of future requests for reduction of alternate service on a limited basis at the secretariat level in accordance with the Presidential Clemency Program. ThilipW.Buchen Counsel to the President FUED THE WHITE HOUSE WASHINGTON April 9, 1976 MEMORANDUM FOR: PHIL BUCHEN FROM: KEN LAZARUS SUBJECT: Request of the Secretary of the Army/ Appeal of Alternate Service Attached at Tab A is a memorandum to you from the Secretary of the Army, Martin Hoffmann, requesting your approval of his plan to establish procedures for review of future requests for reduction of alternate service on a limited basis at the Secretariat level in accordance with the Presidential Clemency Program. Attached at Tab B is a memorandum to me from the Pardon Attorney indicating his approval of the Army recommendation. Attached at Tab C is a memorandum to Martin Hoffmann from you formally approving his recommendation. Recommendation: That you sign the memo at Tab C. & FORD GERALD LIBRARY or DELINES SECRETARY OF THE ARMY WASHINGTON CERTING AMERICA 17 MAR 1976 MEMORANDUM FOR PHILIP W. BUCHEN COUNSEL TO THE PRESIDENT SUBJECT: Appeal of Alternate Service Pint. The Department of the Army has received a number of requests from individuals processed under the DoD portion of the Presidential Clemency Program, to have their length of Alternate Service reduced. We have not established procedures for this type review since each applicant had an opportunity to request reconsideration of his case file by the Joint Alternate Service Board (JASB) prior to executing the agreement to per- form the prescribed period of Alternate Service. In this regard, the Department of Defense has opined that determination of the period of Alternate Service may not be reviewed by the Boards for the Correction of Military/Navy records. Department of the Army believes that individuals with bona fide hardships and other mitigating factors, which may have arisen since entering the program, should have the opportunity to appeal the length of alternate service on a case by case basis. Indications are that of the 1002 DoD applicants currently working at alternate service jobs only a few would qualify for favorable consideration, but we want to be responsive in bona fide cases. Unless you have objection to such action, we plan to establish procedures for review of future requests for reduction of alternate service on a limited basis at the secretariat level. Only appeals containing evidence of economic hardship, medical, or mitigating fac- tors which have arisen since the individual case was decided by the JASB will be considered. To be eligible, the individual must, at time of the appeal, be performing Alternate Service. The other Ser- vices are agreeable to this course of action Martin Miater R. Hoffmann VOND LIBRARY United States Department of Justice Office of the Pardon Attorney Washington, D.C. 20530 April 7, 1976 MEMORANDUM TO: Kenneth A. Lazarus Associate Counsel to the President SUBJECT: Appeal of Alternative Service I have reviewed the memorandum from Secretary of the Army Hoffman to Mr. Buchen dated March 17, 1976 concerning the Army's plan to establish procedures to review appeals on the length of alternative service. The Army's proposed procedures appear to conform to the President's proclamation No. 4313 dated September 16, 1974 and are similar to procedures adopted by the Department of Justice. The Department of Justice has been considering appeals to the length of alternative service and in appropriate cases the length of service has been reduced. We have been considering the same factors as suggested in Secretary Hoffman's memorandum, namely, economic hardship, medical or mitigating factors which have arisen since the case was originally decided. We have not required an applicant to be performing alternative service before considering his appeal. After an appeal decision we notify Selective Service of the decision and then the applicant must conform to their rules covering the performance of alternative service. This procedure appears to work well and no problems have surfaced. I recommend that the Army procedures be approved which would then bring all appeal procedures into substantial conformity. Lawrence Lawrence M. Traylor Pardon Attorney FORD AMERICAN REVOLUTION EXENTENNE 1776-1976 THE WHITE HOUSE WASHINGTON April 15, 1976 MEMORANDUM TO: JACK MARSH FROM: RUSS ROURKE Run Jack, I would recommend continued opposition to the Attorney General's position re the 950 known felons. Lazarus should continue to work with Traylor on a conditional amnesty proposal and the A/G should be advised of strong White House feeling on this issue. MEMORANDUM TO: PHIL BUCHEN FROM: JACK MARSH Jash Phil, I concur with Russ' views. TORD LIBRA. THE WHITE HOUSE comments WASHINGTON are 15+P April 6, 1976 MEMORANDUM FOR: JACK MARSH TED MARRS FROM: PHIL BUCHEN T. SUBJECT: Presidential Clemency Board -- Recommendations Regarding Known Felons Attached is a memorandum to me from Ken Lazarus on the above subject. As time is running out on this matter, I would appreciate your prompt response. Attachment LEVERIT FORD jib Wednesday 4/21/76 4:30 I called Ken to see if he had called Traylor as you had requested. 1. He did speak to Traylor. 2. With respect to the convicted felons, there is no immediacy to the problem. 3. Traylor is going to get together with Levi's guys and outline the alternatives along the lines that you and Ken discussed this morning. Ken will set up a meeting which will be compatible with your schedule some time within the next two weeks. Concerning the drug abuse message, Ken is working on a compromise between Justice and the Domestic Council that will satisfy the concerns of the Attorney General. FORD is LIBRARY GERALD THE WHITE HOUSE WASHINGTON April 2, 1976 MEMORANDUM FOR: PHIL BUCHEN FROM: KEN LAZARUS St SUBJECT: Presidential Clemency Board Recommendations Regarding Known Felons You will recall that sometime back I sent you a copy of the attached memorandum from Larry Traylor (Tab A) which suggested that the recommendations of the Presidential Clemency Board regarding the 950 known felons in question should not be revised. You also will recall that you were at that time concerned with the symbolism which might attach to an approval of Traylor's recommendation. Therefore, you instructed me to work with Traylor toward a form of conditional amnesty which would not offend the more conservative followers of the Board. Traylor and I had all but agreed to a solution of this problem when I was alerted to the fact that the Attorney General feels strongly that the Department's earlier recommendation should be followed. His views in this regard are reflected in the memorandum attached at Tab B. May I have your guidance. Attachments TALL FORD LIBRARY United States Department of Justice Office of the Pardon Attorney Washington, D.C. 20530 January 23, 1976 MEMORANDUM TO: MR. KENNETH A. LAZARUS Associate Counsel to the President SUBJECT: Felons The Presidential Clemency Board recommended clemency be offered to about 950 people who committed felonies subsequent to the military-related offenses for which they are now seeking a pardon. The Department of Justice has been asked to consider whether the Board's recommendations in these cases are appropriate. The Department has run FBI name checks on the cases in question. In general, the name checks have not furnished reliable information not previously available to the Board. Much of the new information obtained in the name checks is incomplete. Resources not now available to those administering the continued program would be required to develop this information further and its added value in final form is questionable. It is the view of the Department of Justice that the recommendations of the Board regarding the 950 known felons in question should not be revised. Although the clemency program offers pardons only for Vietnam era military absence offenses, we understand the Board did consider an applicants' other criminal record and generally recommended no clemency in those cases in which it considered the other offenses most serious. In the cases in which clemency was recommended for known felons, the existence of other offenses caused the term of alternative service to be longer than it FORD LIBRARY REVOLUTION 1775-1976 - 2 - would otherwise have been. Since even those now incarcerated will be required to complete the prescribed alternative service to obtain a pardon, it is likely that the most serious offenders offered an opportunity for clemency will not satisfy the conditions required to actually receive a pardon. As the program only offers and implies pardon for military-related offenses and those with the most serious other offenses have either been denied clemency or are unlikely to be able to meet the conditions for receiving it, the Department believes the Board's recommendations regarding known felons are reasonable and need not be revised. However, there are at least two other options for dealing with these cases. Clemency could be denied to all those with other known felonies. This, however, seems inconsistent with the limited, but compassionate nature of the program. Alternatively, the Department could expand the Board's policy of denying clemency to some known felons and recommend that clemency not be granted to the most serious felons favorably considered by the Board. This might amount to 25 percent of the cases in question and would entail a case-by-case review requiring about 5 attorneys not now available for about 2 months. The Department would need additional resources for this purpose. This process, however, seems unlikely to produce a final result significantly different than that which will be obtained by relying on the alternative service requirement. Lawrence m Transor Lawrence M. Traylor Pardon Attorney FORD NO. 10 JULY 1973 EDITION GSA FPMR (41 CFR) 101-11.5 UNITED STATES GOVERNMENT Memorandum TO : Kenneth A. Lazarus DATE: March 16, 1976 Associate Counsel to the President FROM : Mark L. Wolf, Special Assistant to the Attorney General HLW SUBJECT: Presidential Clemency Board Recommendations Regarding Known Felons. As we discussed last week, it is the Attorney General's personal view that the Presidential Clemency Board's policy re- garding clemency for known felons was reasonable and that its recommendations concerning them should not be revised. As you know, although the Board requested only information regarding military-related offenses within its jurisdiction, it did in making its recommendations take into account other offenses of which it was aware. In many cases these other offenses sub- stantially contributed to the Board's decision to recommend de- nial of clemency and in the remainder it caused the recommended term of alternate service to be longer than it otherwise would have been. In our view, this approach was both realistic and compatible with the purpose and spirit of the President's program. We believe that to deny clemency to applicants solely because they are known to have committed other felonies would be inconsistent with the limited nature of the program and unduly arbitrary, since it is only by chance that we know that some of the appli- cants have committed other offenses. While we do believe the Board's policy was appropriate, the Attorney General suggests that the Department of Justice might re- view the most serious known felony cases in which the Board recom- mended clemency to determine whether the Board gave these offenses sufficient weight in reaching its decision. I understand that about 25% of the approximately 800 cases in question would be reviewed by the Department if this approach is adopted. As you know, the Department has been hoping to substantially complete this month the work inherited from the Board. Thus, it is particularly desirable that these questions be resolved as soon as possible. We appreciate your continued interest and assistance in obtaining a decision. FORD Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 THE WHITE HOUSE WASHINGTON Ken said he agrees with them. Doesn't think it's anything worth fighting about. - FORD / THE WHITE HOUSE WASHINGTON Eva: Ken says he doesn't need this -- he needs a decision from Buchen. dm FORD & LIBRA THE WHITE HOUSE WASHINGTON April 15, 1976 MEMORANDUM TO: JACK MARSH FROM: RUSS ROURKE Jack, I would recommend continued opposition to the Attorney General's position re the 950 known felons. Lazarus should continue to work with Traylor on a conditional amnesty proposal and the A/G should be advised of strong White House feeling on this issue. MEMORANDUM TO: PHIL BUCHEN FROM: JACK MARSH just Phil, I concur with Russ' views. APR 7 1976 THE WHITE HOUSE comments WASHINGTON due ASAP April 6, 1976 MEMORANDUM FOR: JACK MARSH TED MARRS FROM: PHIL BUCHEN SUBJECT: Presidential Clemency Board -- Recommendations Regarding Known Felons Attached is a memorandum to me from Ken Lazarus on the above subject. As time is running out on this matter, I would appreciate your prompt response. Attachment FORD is LIBRARY BERALD GSA FPMR (41 101-11.6 UNITED STATES GOVERNMENT Memorandum TO : Kenneth A. Lazarus DATE: March 16, 1976 Associate Counsel to the President FROM : Mark L. Wolf, Special Assistant to the Attorney General SUBJECT: Presidential Clemency Board Recommendations Regarding Known Felons. As we discussed last week, it is the Attorney General's personal view that the Presidential Clemency Board's policy re- garding clemency for known felons was reasonable and that its recommendations concerning them should not be revised. As you know, although the Board requested only information regarding military-related offenses within its jurisdiction, it did in making its recommendations take into account other offenses of which it was aware. In many cases these other offenses sub- stantially contributed to the Board's decision to recommend de- nial of clemency and in the remainder it caused the recommended term of alternate service to be longer than it otherwise would have been. In our view, this approach was both realistic and compatible with the purpose and spirit of the President's program. We believe that to deny clemency to applicants solely because they are known to have committed other felonies would be inconsistent with the limited nature of the program and unduly arbitrary, since it is only by chance that we know that some of the appli- cants have committed other offenses. While we do believe the Board's policy was appropriate, the Attorney General suggests that the Department of Justice might rè- view the most serious known felony cases in which the Board recom- mended clemency to determine whether the Board gave these offenses sufficient weight in reaching its decision. I understand that about 25% of the approximately 800 cases in question would be reviewed by the Department if this approach is adopted. As you know, the Department has been hoping to substantially complete this month the work inherited from the Board. Thus, it is particularly desirable that these questions be resolved as soon as possible. We appreciate your continued interest and assistance in obtaining a decision. Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 United States Department of Justice Office of the Bardon Attorney Bashington, D.C. 20530 January 23, 1976 MEMORANDUM TO: MR. KENNETH A. LAZARUS Associate Counsel to the President SUBJECT: Felons The Presidential Clemency Board recommended clemency be offered to about 950 people who committed felonies subsequent to the military-related offenses for which they are now seeking a pardon. The Department of Justice has been asked to consider whether the Board's recommendations in these cases are appropriate. The Department has run FBI name checks on the cases in question. In general, the name checks have not furnished reliable information not previously available to the Board. Much of the new information obtained in the name checks is incomplete. Resources not now available to those administering the continued program would be required to develop this information further and its added value in final form is questionable. It is the view of the Department of Justice that the recommendations of the Board regarding the 950 known felons in question should not be revised. Although the clemency program offers pardons only for Vietnam era military absence offenses, we understand the Board did consider an applicants' other criminal record and generally recommended no clemency in those cases in which it considered the other offenses most serious. In the cases in which clemency was recommended for known felons, the existence of other offenses caused the term of alternative service to be longer than it FORD LIBRARY DIET him 1775 : - 2 - would otherwise have been. Since even those now incarcerated will be required to complete the prescribed alternative service to obtain a pardon, it is likely that the most serious offenders offered an opportunity for clemency will not satisfy the conditions required to actually receive a pardon. As the program only offers and implies pardon for military-related offenses and those with the most serious other offenses have either been denied clemency or are unlikely to be able to meet the conditions for receiving it, the Department believes the Board's recommendations regarding known felons are reasonable and need not be revised. However, there are at least two other options for dealing with these cases. Clemency could be denied to all those with other known felonies. This, however, seems inconsistent with the limited, but compassionate nature of the program. Alternatively, the Department could expand the Board's policy of denying clemency to some known felons and recommend that clemency not be granted to the most serious felons favorably considered by the Board. This might amount to 25 percent of the cases in question and would entail a case-by-case review requiring about 5 attorneys not now available for about 2 months. The Department would need additional resources for this purpose. This process, however, seems unlikely to produce a final result significantly different than that which will be obtained by relying on the alternative service requirement. Lawrence Transfor Lawrence M. Traylor Pardon Attorney LIBRARY THE WHITE HOUSE WASHINGTON April 2, 1976 MEMORANDUM FOR: PHIL BUCHEN FROM: KEN LAZARUS for SUBJECT: Presidential Clemency Board Recommendations Regarding Known Felons You will recall that sometime back I sent you a copy of the attached memorandum from Larry Traylor (Tab A) which suggested that the recommendations of the Presidential Clemency Board regarding the 950 known felons in question should not be revised. You also will recall that you were at that time concerned with the symbolism which might attach to an approval of Traylor's recommendation. Therefore, you instructed me to work with Traylor toward a form of conditional amnesty which would not offend the more conservative followers of the Board. Traylor and I had all but agreed to a solution of this problem when I was alerted to the fact that the Attorney General feels strongly that the Department's earlier recommendation should be followed. His views in this regard are reflected in the memorandum attached at Tab B. May I have your guidance. Attachments FORD LIBEROY THE WHITE HOUSE washington 4.15.76 TO: Phil Buchen For Your Information: For Appropriate Handling: RDC Robert D. Linder Hold FIE THE WHITE HOUSE WASHINGTON April 6, 1976 MEMORANDUM FOR: JACK MARSH TED MARRS FROM: PHIL BUCHEN T. SUBJECT: Presidential Clemency Board -- Recommendations Regarding Known Felons Attached is a memorandum to me from Ken Lazarus on the above subject. As time is running out on this matter, I would appreciate your prompt response. Attachment Grand FORD LIBRARY IMENT OF Capy Office of the Attorney General Ken PRO SEQUITUR Washington, D. C. 20530 DONORA JUSTITIA April 14, 1976 MEMORANDUM FOR THE PRESIDENT Subject: Termination of the Clemency Office On September 16, 1975, pursuant to Executive Order 11878, the Department of Justice assumed responsibility for concluding the unfinished business of the Presidential Clemency Board. The Clemency Office, a temporary unit operating under the direction of the Pardon Attorney, was assigned the task of carrying out this responsibility. The Clemency Office adopted the policies, guide- lines, rules and procedures of the Presidential Clemency Board, as described in its final report. The Clemency Office has substan- tially completed its work and closed on March 31, 1976 as contem- plated by the Executive Order. The remaining Presidential Clemency Board responsibilities will be discharged by the regular staff of the Office of the Pardon Attorney. The Department of Justice has made recommendations in 1,680 individual cases. These include the initial consideration of 1,325 applications for clemency which had not been processed by the Presidential Clemency Board, 265 appeals and 90 requests to reconsider the Board's recommendations. In addition, the Depart- ment of Justice considered and developed a recommendation for the disposition of approximately 800 cases in which the Presidential Clemency Board had recommended clemency for individuals known to have committed felonies in addition to the offense which brought them within the jurisdiction of the Board; disposition of these cases is now awaiting decision of the common question they raise. In addition to developing proposed recommendations to the President, the Clemency Office performed administrative tasks con- cerning cases acted upon by the Presidential Clemency Board prior to September 16, 1975. The Clemency Office notified more than 12,200 applicants of the actions taken on their cases and furnished 5,950 individual warrants of pardon. The Clemency Office also re- quested that the Department of Defense issue more than 6,000 clemen- cy discharges and that Selective Service enroll more than 6,700 - 2 - applicants who were required to perform alternative service. In cases involving offenses committed by civilians, the Clemency Office advised the Federal Bureau of Investigation of each grant of pardon for its records and advised the United States Probation Service of actions affecting probation status. On September 16, 1975, the staff of the Clemency Office consisted of 161 individuals on detail from various Government agencies. As the workload was reduced, the staff was correspond- ingly diminished. When it closed March 31, 1976, the Clemency Office consisted of 29 individuals on detail from the Departments of Justice and Defense. In addition to personnel contributions, the Clemency Office was financed by contributions of $125,000 from the Department of Defense and $25,000 from the Department of Justice. The remaining Presidential Clemency Board responsibilities to be discharged by the Department of Justice include continued consideration of about 100 cases in which information is incomplete, administrative handling of approximately 400 cases being prepared for or awaiting Presidential action, implementation of the pending policy decision regarding cases involving known felons, disposi- tion of future appeals and requests for reconsideration, final certification of performance of alternative service in cases with- in the jurisdiction of the Department of Justice, and all related administrative tasks. We expect that the majority of this work will be complete in three months and the balance, consisting pri- marily of determining whether prescribed alternative service has been performed and issuing appropriate documents, should be com- plete within 24 months. Respectfully, Edward H. Levi Attorney General GERALD FORD LIBRARY Office of the Attorney General Mashington, D.C. 20530 The President The White House Washington, D. C.