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Personnel - Conflict of Interest, A-B
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4520730
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Personnel - Conflict of Interest, A-B
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This file includes material on George Bush.
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Employees
Civil service
Conflict of interests
Presidential appointments
Ethics
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The original documents are located in Box 37, folder "Personnel - Conflict of Interest: A-
B" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.
Digitized from Box 37 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
ale
alexider,
Donel
9/26/75
Press Release by IRS
Untrue and unfounded allegations have been made to the
news media about inappropriate interference by IRS Commissioner
Donald Alexander with tax investigations by IRS. The Com-
missioner categorically denied these allegations and called
for a complete investigation of these accusations by the
proper congressional oversight committees.
One of the allegations appears to refer to an informa-
tion gathering operation called "Operation Tradewinds" and
sometimes called "Project Haven." Several cases arising out
of this investigation are presently under consideration for
prosecution by attorneys of the Office of Chief Counsel and
the Department of Justice. Other cases are under active
audit and investigation in the field by the IRS. An
internal audit made by IRS indicated that some improper
investigative procedures may have been used in that
operation. As a consequence, no new cases have been initiated
pending a determination as to the effect, if any, on such
cases of such improper procedures.
The Commissioner also categorically denied the allega-
tion that he had planned to meet improperly, secretly or
otherwise, with an individual involved in a tax case and
that the internal security or any other branch of the IRS
had informed him of any discovery of any such allegation.
Finally, the Commissioner categorically denied that he
had any role in the dismissal of any Customs case.
DRAFT
RRAlbrecht :gs
9/26/75
STATEMENT BY THE SECRETARY OF THE TREASURY
I have been informed that a Washington television station has
reported that an investigation by the House Ways and Means Committee
is underway into allegations made against Internal Revenue Commissioner
Donald Alexander.
Earlier this year, when certain allegations against the Commissioner
came to the attention of the Treasury Department, those allegations were
investigated and were found to be without foundation. The file was
reviewed by the Justice Department and they concurred that the charges
were unfounded.
We were recently informed that similar allegations had come to the
attention of staff investigators of the House Ways and Means Committee.
The results of our investigation were promptly made available to the
Committee, and we offered to cooperate with the Committee in any further
action they deemed necessary.
When the Committee asked that further inquiries be made, we promptly
consulted with the Justice Department, which is now consulting with the
Committee and its staff. It would be inappropriate to comment on any
specific allegations until that investigation has been pursued to a
conclusion satisfactory to all concerned.
The Commissioner has categorically denied the allegations. I would
like to reaffirm my belief in Commissioner Alexander as a capable and
LIBRARY
-2-
dedicated public official who has worked conscientiously and untiringly to
make the Internal Revenue Service an organization that is efficient,
effective and deserving of public trust. I have complete confidence in
the Commissioner and his integrity. It would be indeed a tragedy if
unfounded allegations against the senior official in our tax adminis-
tration system should in any way be permitted to detract from his fine
record.
GENAT FORD LIBRARY
Contlict
Interest
acovander
Department
to,
Mr. Buchen
of the Treasury
Office of the
room
date. 9/26/75 General Counsel
General Counsel
Richard R. Albrecht
room 3000
ext. 2093
FORD LIBRARY
September 26, 1975
JAMES SNOER
News
Donald Alexander
Commissioner
Internal Revenue Service
Mr. Alexander:
We have received information that the House Ways
and Means Committee is investigating you in con-
nection with allegations that you sabotaged a
tax investigation involving big corporations who
allegedly concealed millions of dollars in the
Bahamas' banks in an effort to avoid paying U.S.
taxes
We understand that the committee is also looking
into an accusation- that you were to meet secretly
with a convicted securities swindler who had tax-
liens of more than $100,000 against him, and that
the Internal Security branch of your agency got
word of the planned meeting, told you about their
discovery, and that the meeting was canceled.
We have been told by reliable sources that the
House Ways and Means Committee is also interested
in your activities regarding a customs case in
Seattle that was dismissed and your role in it.
On Friday, September 26th and Saturday, September 27.
we will run two stories based on the information
we have received about the House Ways and Means
investigation. We are anxious and willing to meet
with you today or at some future time to get your
reply to these allegations.
Sincerely,
James Z Anydem
James L. Snyder
FORD is LIBRARY 07V830
JLS:sec
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01451
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Memo (s)
CREATOR'S NAME
Buchen, Philip
RECEIVER'S NAME
Connor, James
DESCRIPTION
Matter concerning David Anderson. With
attachments.
CREATION DATE
02/06/1976
COLLECTION/SERIES/FOLDER ID
001900423
COLLECTION TITLE
Philip W. Buchen Files
BOX NUMBER
37
FOLDER TITLE
Personnel - Conflict of Interest, A-G
DATE WITHDRAWN
08/24/1988
WITHDRAWING ARCHIVIST
LET
1.
Mr. Buchen for information
2.
For filing
3.
For further
⑈
FORD
Salhed to BillWhyte 150
on 11/0/74 about this
P.
austan,
THE WHITE HOUSE
WASHINGTON
Hragory
October 21, 1974
MEMORANDUM FOR: PHILIP BUCHEN
FROM:
WILLIAM N. WALKER I'll
SUBJECT:
H. Gregory Austin
I have reviewed the case of Gregory Austin, brought to our attention in
Donald C. McKinlay's letter to Bill Whyte who forwarded it to you. As
you may recall, McKinlay contended that Austin (General Counsel at
Small Business Administration--NEA GS-18) was apparently hired in
early 1973 without the Administration being aware of a $100, 000 fraud
judgment against Austin and two clients. My review of the matter does
not lend support to McKinlay's contention. While someone might fault
SBA or White House judgment in hiring Austin, the fraud judgment and
its circumstances were fully known to the investigators. SBA's Deputy
Administrator, Louis Laun, who hired Austin with full knowledge of
the case, reports that his performance has been excellent.
Austin was hired by SBA as General Counsel on April 9, 1973 following
a complete field investigation by SBA's security and investigation people.
They were fully aware of the civil action filed against Austin and clients with
judgment entered on January 24, 1973.
SBA's security and investigation people talked to the judge in the civil
action that was filed and also to the Blue brothers. Both parties felt that
Austin had acted properly. In addition to this civil action, an "anonymous
grievance" was filed against Austin in 1972. As I understand it, this is an
independent action questioning the ethics of the entire joint venture transaction.
The Ethics Committee section of the Colorado Bar hearing on this case is
scheduled in January 1975. We will review the findings in this proceeding
to see if further action is warranted.
Please let me know if I can be of further assistance regarding this matter.
FORD
cc: Donald Rumsfeld
THE WASHINGTON WHITE HOUSE 10/3/74
Bill Walher
from
D.
VOUD
118.
THE WHITE HOUSE
WASHINGTON
10/1/74
To:
Don Rumsfeld
From: Phil Buchen P.W.B.
Subject: H. Gregory Austin
Enclosed is a copy of warning
letter on this man, turned over
to me by Bill Whyte. I won't
burden you with enclosures.
10/3
D.R I to walker.
referal
oil
RECEIVERTE
OLT 23 1974
DONALD C.MCKINLAY
1700 BROADWAY
DENVER, COLORADO 80202
VICE PRESIDENT
WASHINGTON
September 20, 1974
Mr. William G. Whyte
United States Steel Corporation
1625 K Street, N.W.
Washington, D.C.
Dear Bill:
We enjoyed your letter and will plan to
get together one of these days.
The newspapers indicate that there may
be some changes on the White House staff and I
would hope that the President would not consider
H. Gregory Austin, presently general counsel of
the Small Business Administration.
He is a very attractive, personable guy
but apparently something is missing as you will
see from the enclosed copies of Judge Winner's
opinion and that of the Tenth Circuit affirming
a fraud judgment of $100,000 against Austin and
his two clients, Linden and Neal Blue. Most
lawyers here who know of the case were surprised
that he obtained the appointment to the job he
now has but apparently somebody missed during the
investigation. I don't want to see the President
embarrassed.
Best regards.
Sincerely,
Don MKinlay
DCM:jl
P.S. The Blues themselves have been politically
active here and somehow have avoided
unfavorable publicity, witness the
article in last night's Denver Post.
nonth by a con sultant firm
81
mayor JI
c
reduce the county's opera-
all 1
all the county.
given
tional costs and increase ef-
Reano nas been a county resi-
ficiency,
dent for 20 years He and his
That report suggested des-
wife, Roberta, have been mar-
troying some dead files to
ried for 25 years. They have
K
increase usable office! space,
two sons that were graduated
updating organizational charts from Highland High School.
Linden Blue Named
U
Fellow at Harvard
Denver City Councilman at-
W
Council and the Denver Housing
large Linden Blue has been
Task Force He also is vice
named a fellow in the Harvard
chairman of the Denver Plan-
University Graduate School of
ning Board.
Business Administration ad-
He is president of the Ameri-
R
vanced management program.
can Council of Young Political
The 38 year old councilman,
Leaders, serves on the transpor-
in the last year of his first
tation planning advisory com-
council term, will depart for
mittee of the state Air Pollution
Harvard latè this week to par-
Control Commission and is a
ticipate in the week pro-
guest lecturer at the University
gram.
of Denver on urban government
The program, which has been
and city planning.
conducted annually since 1943,
In 1973, Blue was chairman of
admits only 160 top manage-
the American delegation to the
Or
ment professionals each year.
first hemispheric conference of
Through class sessions,* semi-
Latin American young political
nars and case studies, the
leaders at Oaxtepec, Mexico.
group explores new concepts
In 1972, he was one of four
and techniques in management
American delegates to the Eu-
decision-making.
ropean Youth Security Confer-
The program curriculum is
ence in Helsinki, Finland, and
designed to help managers
in 1971 he was one of 12 young
assess their Individual roles as
political leaders sponsored by
A
be
agents of economic change and
the U.S. State Department for a
up C
examine their responsibilities
three-week study of the Soviet
sucti
within the institutional struc-
political system in Moscow
posa
ture of society.
Blue, who will commute to
State Offices
pile
on ld
city council meetings as re-
quired from Cambridge, Mass.,
Relocated in
fan
during the 13-week period, said
he believes the program will be
Daly Building
of "exceptional value" to him
Several divisions of the Colo-
in both his councilmanic duties
rado secretary of state's office
and his private business.
have moved from the State
Blue, who holds a bachelors
Capitol to the Daly Building,
degree from Yale University, is
1575 Sherman St
a director of several real estate
Making the move-but still us-
investment groups and pres-
ing the same telephone numbers
ident of the Range Livestock
-were the offices for informa-
Co., headquartered in Kremm-
tion, elections, campaign finan-
Ling, Colo.
cial report, notary public, bonds,
As a councilman, he serves
oaths and lobbyist registration.
on the budget and finance,
Remaining at the Capitol will
public works, urban design and
be Secretary of State Mary Es-
transportation committees.
till Buchanan, her secretary, a
He is chairman of the city's
clerk and the budget control of-
Task Force on Youth Develop-
fice. Their phone numbers also
No
ment, the Denver Anti-Crime
remain the same.
Febri
Easy
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
NOVEMBER TERM, 1973
M. RICHARD ANDREWS,
)
[489 F(2)367]
)
Plaintiff-Appellee and
)
Cross-Appellant.
)
)
V.
)
)
Nos. 73-1393
LINDEN BLUE, JAMES N.
)
73-1394
BLUE, H. GREGORY
)
(Consolidated cases)
AUSTIN, et al.,
)
)
Defendants-Appellants.
)
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
(D.C. No. C-3555)
Robert C. Burnstein (Stephen T. Susman of Berenbaum,
Berenbaum & Susman, on the brief), for Appellants.
Wm. Rann Newcomb (Philip A. Rouse and J. Robert Fowler,
on the brief), for Plaintiff-Appellee and Cross-Appellant.
Before SETH and DOYLE, Circuit Judges, and TALBOT SMITH,
District Judge.
DOYLE, Circuit Judge.
Plaintiff-appellee obtained a judgment in the court
below amounting to $100,973.10 from defendants-appellants
Linden Blue, James N. Blue and H. Gregory Austin. Several
theories were advanced. Claims under § 12 of the Securities
*
Of the Eastern District of Michigan, sitting by
designation.
PIF
expy
DO NOT REMOVE
FILED
UNITED STATES DISTRICT COURT
DENVER, COLORADO
IN THE UNITED STATES DISTRICT COURT
JAN 24 1973
FOR THE DISTRICT OF COLORADO
JAMES R. MANSPEAKER
BY
DEP. CLERK
M. RICHARD ANDREWS,
]
]
Plaintiff,
]
vs.
]
LINDEN BLUE, JAMES N. BLUE,
H. GREGORY AUSTIN, CHERRY CREEK
]
DRIVE, INC., a Colorado corporation,
COLORADO & WESTERN PROPERTIES
]
CIVIL ACTION NO. C-3555
CORPORATION, a Colorado corporation,
JOHN M. BENNETT, JR., ARTHUR T.
COWPERTHWAITE, JIM D. COX, GARY L.
]
JACKSON and JACK M. MUSE,
Defendants.
]
]
MEMORANDUM OPINION
WINNER, Judge
In this case in which there are eight claims for relief,
the Court has jurisdiction of the first three claims under the pro-
visions of 15 U.S.C. §77 1, and jurisdiction of the other five claims
is pendent. United Mine Workers V. Gibbs, 383 U.S. 715. Exhaustive
trial and post trial briefs have been filed, and the matter is ready
for determination by this opinion which contains the findings and
conclusions required by Rule 52.
On October 8, 1968, defendants Linden Blue, James N. Blue
and H. Gregory Austin, describing themselves as "developers" entered
into a written contract with plaintiff who was described therein as
a "consultant." The contract provided, inter alia, that Andrews
Friday 8/22/75 Bakke
Karl
7:00 Mr. Hills:
Ken Lazarus will be on leave when you return.
He has discussed the attached with Mr. Buchen so you
will be both be aware of the status of Bakke's appointment.
After you have looked the file over, he would like you to
send it to Dudley, with whom he has discussed all the
possible problems.
Eva
STATES FORD VIBRARY
THE WHITE HOUSE
WASHINGTON
August 22, 1975
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR THE FILE
FROM:
KEN LAZARUS
SUBJECT:
Karl Bakke/Appointment to the Federal
Maritime Commission
About a week or so ago, this office began a review of Mr. Bakke's
personal financial situation with a view toward his possible
appointment for nomination as Chairman of the Federal Maritime
Commission.
As our examination of the matter continued, it became clear
that the conflict provision of title 18 posed no obstacle to
Mr. Bakke's appointment. However, a question has developed
in terms of the impact of 46 U.S. C. 1111(b) on the nomination.
Section 1111(b) was enacted into law in the 1930's and by virtue
of several reorganization acts is now limited to the last sentence
set forth in the unofficial version of the text which in pertinent
part provides:
* * *
"It shall be unlawful for any member
...
of the Federal Maritime Commission
to have any pecuniary interests in
any - - - corporation with whom the
Federal Maritime Commission may have
business relations". (emphasis supplied)
*
Mr. Bakke's wife holds title to a large block of Exxon stock
(approximately $300,000). In addition, Mr. Bakke holds some
nominal amount of stock in the same corporation. Although
- 2 -
Section 1111 contains no imputation provision, FMC regulations
do impute the ownership of any interest held by a wife or minor
child.
The issue then is whether Exxon Corporation has "business
relations" with the Commission within the terms of the statute.
Mr. Bakke has indicated that his first preference would be to have
his wife retain her block of stock and only dispose of his own.
Alternatively, he is Impletely amenable to the establishment
of a "Packard-type" trust. If these alternatives are both
unsatisfactory, Mr. Bakke and his wife will have no hesitation
to disposing of their Exxon holdings.
In view of the fact that Mr. Bakke would incur capital gains tax
in the neighborhood of $40, 000 if he is forced to divest himself
of his holdings, this office has the responsibility to consider
alternative remedies to any conflict which might arise.
I have spoken with Mr. Pimper, General Counsel of the Federal
Maritime Commission, and raised the central issue without any
reference to the individuals involved. In response to my inquiry --
Does Exxon Corporation have "business relations" with the
Federal Maritime Commission as contemplated by Section 1111? --
Mr. Pimper's initial advice earlier this week was affirmative.
Today, I again spoke with Mr. Pimper and pointed out the following:
(1) Section 311 of the Water Pollution Act requires that all oil
tankers file a certificate of financial responsibility indicating
their ability to purchase liability insurance or self-insurance
to compensate for any damages that might result from a major
oil spill. The language of Section 311 would suggest that on the
part of the FMC this provision calls for only the performance
of aministerial duty, i.e. receipt of the certificate. Isn't it
possible that this doesn't constitute a "business relation" within
the meaning of Section 1111?
(2) Would the utilization of a "Packard-type" trust -- a blind
trust with provision for charitable donation of all income from the
trust an amount equal to any capital gained during the tenure
of the appointment -- coupled with an agreement of dísqualification
with respect to Exxon matters coming before the Commission
DERATE
RD
LIBRARY
- 3 -
overcome any hurdles which are raised by virtue of Section
1111?
Mr. Pimper found some tentative merit in the first point which
is noted above. He also indicated preliminarily that a "Packard-
type" trust -- which he had never heard of before -- seemed
to be completely dispositive of the problem. He indicated that
he would get back to me shortly in this regard.
Should Bakke's nomination go to the Senate, it would be placed
before the Commerce Committee. Customarily, in cases of
nominations to the Federal regulatory commissions, Mike
Pertschuk, Chief Counsel of the Committee, has required a
legal opinion in writing from the regulatory agency and from
the Office of Legal Counsel at the Department of Justice
approving the conflicts plan which is adopted by the nominee.
Upon hearing from Pimper we should:
(1) Advise Mr. Bakke accordingly;
(2) Contact Mark Grunwald (187-3712) at OLC to advise him
of the opinion of Mr. Pimper. It should be noted that in earlier
discussions with Mark it was clear that either of the two
remedies referred to above would be acceptable to him.
(3) The remedy which is agreed to should be cleared with Mike
Pertschuk of the Commerce Committee staff.
Upon completion of these matters, we can release the nomination.
My feeling at this point in time is that Mr. Pimper is likely to
suggest that the "Packard trust" is the proper solution to the
problem and this is completely acceptable to Mr. Bakke.
February 25, 1975
Barriata,
Vincent
Dear Tony:
In accordance with our telephone conversation, I have enclosed
copies of the allegations against Census Bureau Director
Vincent Barabba along with Mr. Barabba's point-by-point
refutation of these allegations. As I indicated during our
conversation, I have no independent knowledge of these
allegations which are referred to your office for a preliminary
review and recommendation for any additional action that
might be warranted.
Your cooperation is appreciated.
Sincerely,
Kenneth A. Lazarus
Associate Counsel
to the President
Mr. Anthony L. Mondello
General Counsel
Civil Service Commission
1900 E Street, N. W.
Washington, D. C. 20415
Enclosures
bcc: Philip W. Buchen
TORO LIBRARY crinan
Barraba,
Vincent
Monday 2/17/75
10:05 You'll want to call Ken Lazarus.
Have to
the select to
of
go CSC:
Only a portion
of the material
SERVICE R. FORD
LIBRARY GERALD ORD
THE WHITE HOUSE
WASHINGTON
February 12, 1975
MEMORANDUM FOR: PHIL BUCHEN
FROM:
KEN LAZARUS
I have reviewed the memorandum from
Friedersdorf to Rumsfeld with attachments.
I still see no need for the White House to
become involved in this matter. It should
be referred to Tony Mondello at the Civil
Service Commission.
February 17, 1975
To:
Ron Nessen
From: Phil Buchen
AMERICA
Q. and A. on Vincent Barabba
Question
What has the White House done about the alleged charges
against Vincent Barabba, Director of the Census?
Answer
The White House is referring the matter to the proper authorities.
Question
To whom have you referred it?
Answer
To the General Counsel's Office of the Civil Service Commission
for a preliminary check.
FORD & GRAND LIBRA
THE WHITE HOUSE
WASHINGTON
February 14, 1975
MEMORANDUM FOR PHIL BUCHEN
RON NESSEN
FROM:
DICK CHENEY
D
Phil, you need to work up some Q's&A's for Ron
Nessen to handle in his Press Briefings on Barabba
concerning the Census Bureau.
cc: Jerry Jones
THE WHITE HOUSE
WASHINGTON
Admin DAA Markings
February 11, 1975
CONFIDENTIAL
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
KEN LAZARUS
SUBJECT:
Allegations Against Census Bureau
Director (Vincent P. Barabba)
This is to outline for your information certain developments relating
to the referenced subject.
1. On January 27, Bill Walker called me to ask that I get in touch
with Karl Bakke, General Counsel at Commerce, relative to some
allegations of impropriety against Census Director Barabba that
were being looked into by an investigative reporter for The Federal
Times (a magazine).
2. My phone call to Bakke on the same day revealed that he had been
approached by the reporter relative to a "White House memo" in his
(the reporter's) possession which related certain instances of mis-
conduct by Barabba and recommended that his resignation be obtained.
Bakke wanted to know if I could confirm or deny the existence of such
a memo.
3. I subsequently made inquiries in our office, with Paul Theis
(Barabba had implied to Bakke that John Casserly, a new speech
writer, might have written such a memo), and with Dick Cheney.
No one had any knowledge of such a memo, and I passed this information
on to Bakke.
FORD
4. On January 31, Barabba called me to assert his innocence of
charges being made against him. No discussion was had with respect
to the substance of any particular allegation.
- 2 -
5. On February 4, Dave Hoopes sent me the attached memo which
he received from Barabba. Dave also told me that Barabba has
prepared a memo refuting the charges which also may have been
forwarded here -- however, I have never seen it.
6. On February 6, after discussing this matter with Phil Areeda,
I concluded that the entire matter should be referred to Tony Mondello,
General Counsel at the CSC, for a preliminary review and in order
to determine whether it should properly be placed before the Department
of Justice.
7. On February 7, Dave Hoopes called to indicate that Don Rumsfeld
and Ron Nessen had requested a memo from him on the subject. He
indicated that he would include my views in his memo but suggested
that I not refer the matter to CSC until Don had the opportunity to
review it.
THE WHITE HOUSE
WASHINGTON
Date:
1/14/75
TO:
MR. BUCHEN
FROM:
DAVID C. HOOPES
FYI: [ ]
Comment:
As you requested.
THE WHITE HOUSE
WASHINGTON
February 6, 1975
MEMORANDUM FOR:
DONALD RUMSFELD
FROM:
JERRY H. JONES
SUBJECT:
Vincent P. Barabba
The Barabba matter was brought to our attention several days
ago, and Richard Cheney and Kenneth A. Lazarus both spoke
to him about the Draft January 21, 1974 memorandum which
was alleged to have been written to Donald Rumsfeld at your
request. (Memo at Tab A, but the names are blocked out.)
Several observations about the memorandum:
-- It is typed on a selectric typewriter, and there are
few selectric typewriters in the White House Complex.
The type face is unique--most selectric "valls" ai the
White House are not that type face.
-- The format is not "White House format", i.e., "From:"
should be in all caps, the subject, name from and name to
should be lined up in the center of the page, and there is
no space for "Approve" "Disapprove" at the bottom of
the memorandum
-- Factual information in the memorandum suggests that
most of the information had to come from someone close
to the Census Bureau, not necessarily the White House.
The White House would not normally know about the minute
details contained in the memorandum, although the
"episode" about Les Arends and the "invitation to you"
suggests that you requested the investigation (see page 2)
Kenneth Lazarus reports that he has made some inquiries
about the memorandum following his receipt thereof. He checked
- 2 -
everyone in the Counsel's office who might logically have
been tasked with such a recommendation, and found nothing.
He asked Paul Theis about the memorandum, since there is
a suggestion that Jack Casserly, who was one of those indivi-
duals referred to on page 4 (the "speechwriter here at the
White House"), and found that Jack Casserly had nothing to do
with the memorandum. Kenneth Lazarus also asked Dick
Cheney, and Cheney reported that you did not accept the
Les Arends map/chart invitation because you did not have
time. While Kenneth Lazarus did not investigate all people
in the Presidential Personnel Office, he felt he did not have to
because several hours before he discussed the matter with
Mr. Barabba, someone from Bill Walker's office called
Ken inquiring about what he knew about the memorandum (he
knew nothing until he talked with Mr. Barabba that afternoon).
Kenneth Lazarus summarizes the view that Mr. Nessen's
position should be that "after making reasonable inquiries
throughout the White House, we have no reason to believe that
the memorandum at Tab A is one written by a member of the
White House Staff, or for a member of the White House by
someone else."
Now on the merits, if any number of the allegations are true,
there is, indeed, criminal conduct, but Ken Lazarus feels that
to send it immediately to the Department of Justice would
probably blow it way out of proportion with a big investigation.
He thought, therefore, that the Tab A memo should be sent to
Mr. Toni Mandello, General Counsel, Civil Service Commis-
sion, for preliminary review, and he could then submit it to
Justice if he feels it should be.
Mr. Barabba's point by point refutation of the allegations is at
Tab B for your information.
FEB 11 1975
THE WHITE HOUSE
WASHINGTON
)
February 10, 1975
MEMORANDUM FOR:
DONALD RUMSFELD
FROM:
MAX CENSUS FRIEDERSDORF BUREAU w.f
SUBJECT:
I am sending along the material discussed this morning during
our meeting with the President pertaining to the Census Bureau.
Social and Economic Statistics Administration
BUREAU OF THE CENSUS
EIMITED STATES 3*
Washington, D.C. 20233
OFFICE OF THE DIRECTOR
February 6, 1975
The Federal Times
Washington, D. C.
Gentlemen:
You have apprised me of serious allegations concerning my conduct as
a public official. The allegations consist of gross inaccuracies and
grave distortions of fact. The enclosed material thoroughly refutes
these charges. Your statements of allegations are clearly not authentic
and are not inspired by honest differences among reasonable people.
The dissemination or publication of stories relating to these unfounded
allegations, or even headlines or summaries thereof, could do serious
injury to the reputation and good standing of the Bureau of the Census
as well as its Director. Therefore, we urge great prudence on the
part of anyone weighing the truth of the allegations with a view toward
circulating them publicly.
It is especially difficult to be placed on the defensive by answering these
false allegations when the past two years have been characterized by
significant accomplishments, and energetic and conscientious efforts
by the entire staff of the Census Bureau. Highlights of these accomplish-
ments are enclosed. Should you desire to review or investigate any
of the Bureau's activities in greater detail, I will be most pleased to
accommodate you.
Sincerely,
J
VINCENT P. BARABBA
Director
Bureau of the Census
Enclosures
1.1^1 NNN INCAN Rev.
HIGHLIGHTS OF 1974 ACCOMPLISHMENTS BY
THE BUREAU OF THE CENSUS
Calendar year 1974 was especially notable for several major
innovations in survey work, the acceleration of release of several
important statistical series, and intensified efforts to communicate
with users of the Bureau's products regarding the utility of census
and survey data.
A major portion of the results of the 1972 Economic Censuses
have been released to the public at least a year earlier than for
the 1967 Economic Censuses.
The research staff completed a major undertaking to set
standards for the discussion and presentation of errors in published
reports; this effort culminated in a highly-regarded technical
publication of the Bureau (Technical Paper No. 32).
An extensive series of conferences with data users was initiated
to demonstrate potential uses of information from the 1972 Economic
Censuses, with approximately 20 conferences during the year.
The first major survey of the costs of air and water pollution
abatement by manufacturers was completed, with initial results
scheduled for publication in March 1975.
The first of a new series of data was issued on new construction
of townhouses and condominium housing units.
At the request of the Federal Energy Administration, a new
monthly survey of gallons of gasoline sold by type of gasoline
station, was instituted in the fall.
Several feasibility studies were undertaken on the problems of
measuring business and manufacturers' inventories and inventory
valuation methods.
At the onset of the critical gasoline shortage in the fall of 1973,
a computer carpool program was released ("CARPOL"). More than 4,000
copies of a user's manual have been distributed, and many local
governments and private firms have used the program to encourage
fuel conservation by employees.
The Bureau's foreign trade statistics on imports are now compiled
and published in terms of free alongside ship-foreign port of
exportation, and cost, insurance, and freight-U.S. port of entry
valuation methods, in addition to the traditional Customs valuation.
This accomplishment in 1974 meets a long-standing objective of the
Congress.
-2-
The release of annual governmental statistics on public finance
and public employment was accelerated by one to three months over
previous schedules.
After several years of development work, the Bureau has achieved
a methodology for preparing population and per capita income estimates
for approximately 38,000 governmental units. These intercensal
estimates will have wide application, not only for the distribution
of General Revenue Sharing funds, but other Federal programs
involving the distribution of funds to State and local governments.
Plans were developed, and approved, by the Office of Management
and Budget, for the expansion of the Current Population Survey
(approximately 50,000 households) by approximately 13,000 households.
Implementation will provide for the first time from the household
survey, average annual estimates of employment and unemployment for
each of the 50 States and the District of Columbia.
The Consumer Expenditure and Point-of-Purchase Surveys for the
Bureau of Labor Statistics, Department of Labor, were completed
within budget and on or ahead of schedule. The results of these
activities will permit the BLS to complete necessary revisions of
the Consumer Price Indices.
The Bureau has undertaken extensive planning work for the 1980
Decennial Census of Population and Housing, with two major initial
thrusts: 1) a series of public meetings throughout the country to
elicit comments, criticisms, and recommendations on the next census
from government and private users of census data and from the general
public; and 2) an intensive effort to obtain input from minority
groups well in advance of setting specific objectives for reducing
the estimated undercount of such groups.
In view of budgetary and other resource limitations during the
year, these accomplishments reflect the sustained efforts of a highly
dedicated professional and technical staff.
LIBRARY
conflight
Bartels, John
OFFICE OF
THE ATTORNEY GENERAL
JUSTITIA
5/30/75
The Attorney General asked me
to be sure that you received
copies of the attached.
Douglas R. Marvin
TURS LIBRANT
ustim
Imentify
THE ADMINISTRATOR
DRUG ENFORCEMENT ADMINISTRATION
UNITED STATES DEPARTMENT OF JUSTICE
WASHINGTON, D.C. 20537
BIRD
Administration
May 30, 1975
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
Pursuant to the request of the Attorney General yesterday,
I hereby submit my resignation as the Administrator of the
Drug Enforcement Administration to be effective upon your
acceptance.
The challenge of stopping the flow of drugs to our youth
will continue to require high-level support by all Americans.
The Drug Enforcement Administration sought to meet this
challenge through the merger of Treasury and Justice drug
abuse enforcement agencies into one effective effort to combat
drug abuse at home and abroad. I know we have come a long
way toward achieving the goals of that merger including the
total cooperation of many foreign countries, such as Mexico,
which now have the institutions and capability to reduce the
world-wide traffic. We have also made great progress working
with many dedicated state and local police forces to prevent
interstate traffic.
I appreciate the opportunity to serve you and the American
people and extend my sincere hopes for the future of this Agency
and its dedicated Agents.
Your respectfully,
John R. Bartels, Jr.
98A PPMR 141 CFAI 101.11.0
UNITED STATES GOVERNMENT
Memorandum
TO
:
All DEA Employees
DATE: May 30, 1975
FROM
:
John R. Bartels, Jr.
Administrator
SUBJECT:
Today, at the request of the Attorney General, I have submitted
my resignation to The President.
In leaving DEA, I wish to express to each of you my pride in
the accomplishments of this young agency in its first 22-months
of operation. Your professionalism and dedication have made
this possible.
I commend you for the job you have done and accept, more
easily, this decision which I truly regret, because I know you
will continue the proud record of DEA.
The high degree of effectiveness you are achieving both
domestically and overseas has been made possible by the coop-
eration accorded DEA by police agencies around the world. Of
this, I am also proud.
I believe DEA will receive the support needed to continue to
accomplish the effectiveness made possible by Reorganization
Plan Number Two.
I am sorry to leave you but I take with me the satisfaction
of knowing that the job is being done. I wish you well and look
forward to seeing you in the months and years to come.
BERALD FORD LIBRARY
Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan
0010-110
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01452
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Memo (s)
CREATOR'S NAME
Buchen, Philip
RECEIVER'S NAME
Cannon, James
DESCRIPTION
Conflict of interest matter concerning
the Federal Railroad Administration.,
With attachments.
CREATION DATE
06/20/1975
COLLECTION/SERIES/FOLDER ID
001900423
COLLECTION TITLE
Philip W. Buchen Files
BOX NUMBER
37
FOLDER TITLE
Personnel - Conflict of Interest, A-G
DATE WITHDRAWN
08/24/1988
WITHDRAWING ARCHIVIST
LET
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01453
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Memo (s)
CREATOR'S NAME
Walker, William
RECEIVER'S NAME
Buchen, Philip
DESCRIPTION
Matter concerning Thomas R. Blacka.
With attachments.
CREATION DATE
02/07/1975
COLLECTION/SERIES/FOLDER ID
001900423
COLLECTION TITLE
Philip W. Buchen Files
BOX NUMBER
37
FOLDER TITLE
Personnel - Conflict of Interest, A-G
DATE WITHDRAWN
08/24/1988
WITHDRAWING ARCHIVIST
LET
2/6/76
Butz,
Ese
The item reported in this morning's Washington
Post regarding Secretary Butz and the South Carolina
Club maintained by the Southern Railway Company has
been reviewed by the Office of the General Counsel
at the Department of Agriculture and a determination
has been made to take corrective measures consistent
with the applicable policies of the Department. All
further questions should be referred to the Department.
NOTE: If asked, you may also indicate that the
White House Counsel's Office (a member of
Mr. Buchen's staff) was the recipient of
this information from the Counsel's Office
at Agriculture.
GENALD
FORD LIBRARY