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Selection of Vice Presidential Candidates (3)
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75814921
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Selection of Vice Presidential Candidates (3)
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Barry N. Roth Files
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Department of Justice. Federal Bureau of Investigation. National Crime Information Center. (01/1967 - 02/1992)
Presidential campaign, 1976
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The original documents are located in Box 31, folder "Selection of Vice Presidential Candidates (3)" of the Barry N. Roth 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 31 of the Barry N. Roth Files at the Gerald R. Ford Presidential Library file file UP selection AS:jh:et cc: Files Gauf JUN 16 1976 Scalia (2) Rudolph W. Giuliani Tulos Associate Deputy Attorney General COMEMANN Antonin Scalia Assistant Attorney General out 6/16/76 Office of Legal Counsel BBI Authority to Conduct Investigations of Potential Vice-Presidential Nominees We have been unable to find any statute which authorizes the PBI to investigate possible Vice-Presidential nominees. The FBI can, however, conduct such an investigation if so ordered by a Presidential directive related to the Presi- dent's exercise of his constitutional or statutory functions. Sec. 23 U.S.C. $ 533(3). Such Presidential directive could take the form of a generalized instruction, contained in an Executive Order, or a particular request for a specific in- vestigation. We have not, however, been able to identify any Presidential constitutional or statutory function which would clearly support such a directive in the present case. Investigations of prospective or existing Executive Branch personnel can, of course, be supported by the Presi- dent's general powers under the Constitution to "take care that the laws be faithfully executed," Art. II, $ 3. In- vestigations of prospective judicial appointees upon Presi- dential request can similarly be justified as necessary for the President's proper performance of his nominating responsi- bilities under the Constitution, Art. II, $ 2. As you have noted, that rationale applied to the extensive investigations of President Ford and Vice-President Rockefeller at the time of their respective nominations to the Vice-Presidency. The Bureau regularly conducts investigations, upon re- quest of Congressional Committees, of prospective and existing Congressional staff personnel. These might be justified on the basis that the President's responsibility for protecting sensitive military and foreign affairs information requires some assurance that the Congressional Committees to which he discloses such information have trustworthy staff personnel. It is not clear, however, that all of the Congressional staff investigations relate only to personnel having access to such information. Moreover, that justification would not explain the FBI investigations which are conducted of judicial clerks GERALD OSOS -2- and magistrates at the request of Federal judges. I think all of these investigations (which are invariably requested by the appointing Congressional Committee or by the appoint- ing judge) may better be justified -- like Executive Branch personnel investigations -- on the basis of the President's inherent executive powers. That is to say, it can be main- tained that certain aspects of the operation of Congress and of the courts require executive activity which may in some circumstances be performed for them by the Executive Branch without further statutory authorization. Whichever of the foregoing justifications is adopted, it would not apply to the investigation of a possible Vice- Presidential nominee. Neither the President nor the Congress has any responsibility or power under the Constitution to screen candidates for public office. We understand that a rule against background investigations of elected officials has in the past been rigidly maintained by the FBI, and that no such officials have been targeted except in connec- tion with criminal inquiries. It is possible (though I think unlikely) that the Congress has the power to permit or even require an investigation of candidates as a means of assur- ing fair and fully informed elections -- the same power un- derlying the Federal Election Campaign Act. But certainly without such Congressional authorization, we see no basis for the President independently to undertake such a respons- ibility. The one plausible basis which we can conceive of for Presidential authorization of an investigation of a possible Vice-Presidential candidate is the necessity of assuring his trustworthiness for the purpose of receiving a national se- curity briefing. (If consent to the investigation were not given, the briefing would presumably not be conducted.) There are several practical obstacles to effecting applica- tion of this theory to the present case. Such briefings have to our knowledge not previously been given to Vice-Presidential candidates; and they have been given to Presidential candi- dates only after party nominations have been decided; and it has never been the practice, even then, to conduct prior in- vestigations. In addition, there is in our view a possible constitutional impediment to conditioning the conferral of such a clear benefit in the political campaign upon agreement to an investigation, particularly when the incumbent Presi- dent himself is an opposing candidate. DEPALD R. FORD -3- We are, in short, unable to identify any authority which would properly support a directive to the FBI to conduct an investigation in the present case. BERALD R. FORD BILL BROCK COMMITTEES: TENNESSEE FINANCE GOVERNMENT OPERATIONS SPECIAL COMMITTEE ON AGING SELECT COMMITTEE ON United States Senate SMALL BUSINESS WASHINGTON, D.C. 20510 June 17, 1976 Mr. Philip W. Buchen The White House Washington, D.C. Dear Mr. Buchen: As a participant in the Institute of Politics' Study Group on Vice-Presidential Selection, I thought that you would be interested to know that I have reintroduced my bill to pro- vide for background checks on prospective Vice Presidential candidates. For your information, I am enclosing a copy of the bill and my introductory remarks. Very truly yours, Girs Beven BILL BROCK LISRARY BB:g1s FORDO : Enclosure Record United States of America PROCEEDINGS AND DEBATES OF THE 94th CONGRESS, SECOND SESSION Vol. 122 WASHINGTON, THURSDAY, JUNE 10, 1976 No. 89 Senate By Mr. BROCK: S. 3552. A bill to provide for an inves- without the passage of a law such as normal procedures used for a top-secret clearance. The results of the investiga- tigation of the character and past ac- the one I now propose. tivities of potential Vice Presidential If a procedure is to be established for tion would be released only to the winner nominees by the Federal Bureau of In- the investigation of a potential Vice of the Presidential nomination, or the Presidential nominee, we must insure President, and only with the written vestigation. Referred to the Committee that there are adequate safeguards to consent of the person investigated. Also, on Rules and Administration. Mr. BROCK. Mr. President, the long accompany it. I was intrigued upon hear- only the Presidential candidate himself primary process is now at an end, and ing the directors of our intelligence op- and one other staff member chosen by our election focus will now be directed erations testify earlier this year before the candidate may view the records. toward the national conventions. Thus, the Government Operations Committee An FBI agent would serve as custodian for the next few weeks, the potential that they would welcome a set of estab- of the records. After the selection of the lished procedures for such investigations. Vice President, all investigation reports, Presidential nominees will receive in- tense analysis by the media and by the While safeguards and procedures are including that of the Vice Presidential vitally important, I must also point out nominee shall be destroyed. It will be a voting public, prior to the moment when each party selects its standard bearer. that FBI background investigations are Federal offense of up to 5 years im- very standard procedure. All of our mili- prisonment and a $50,000 fine for un- Then what happens? The next order of business will be for a very tired nom- tary and Foreign Service officers have lawful disclosure of the results of any Ince and an equaly tired staff to pick a background investigations as do many investigation. running mate for the Presidential candi- other senior officials throughout the Mr. President. there have been other Government and congressional staffs. reforms suggested. While many have date-his Vice Presidential nominee. If a person cannot pass a check that our merit, I think that my investigation pro- That position is only a heartbeat away military and Foreign Service people cedure is rather seminal to any true re- from the Presidency, and it is a position which 4 times In the past 25 years must, he should not be the Vice Presi- form. I ask unanimous consent that my has led to the Presidency itself. As the dent. statement before the Republican Na- process begins on nomination night, President Ford mentioned that dur- tional Committee in 1974 be printed in chances are all too good that the person ing the course of his selection as Vice the RECORD at this point, together with chosen to fill the slot of the Vice Presi- President, he was the subject of a search- the text of the proposed legislation. dential nominee will be selected with ing inquiry by over 400 agents. And of There being no objection, the bill and course, Vice President ROCKEFELLER statement were ordered to be printed no perhaps a too cursory check and too su- perficial thought. underwent a 4-month investigation and the RECORD, as follows: confirmation process, even though he had- S. 3552 This procedure has led to embarrass- been in the forefront of public scrutiny Be it enacted by the Senate and House of ment to both parties in the past 4 years. Yet, virtually nothing has been done to for some 20-odd years. Yet, a Vice Presi- Representatives of the United States of improve the system of selecting Vice dential nominee in July and August will America in Congress assembled, That, for Presidents. literally be chosen overnight. purposes of this Act, the term- (1) "Presidential primary" means any ele... Two weeks ago, there was an offer An FBI check is not unprecedented. tion held for the expression of a preference extended by President Ford to the Demo- In fact, it might actually be considered by the voters of a State for the nomination cratic nominee for the use of the serv- a standard practice. of a candidate for election to the office of ices of the FBI to investigate potential However, if it is going to become a President; Vice Presidential choices. continuous standard practice, we will (2) "political party" means any political Mr. President, I think this is a step in need established procedures and safe- party whose candidate for election to the the right direction. Three years ago, I guards. office of President in the most recently con- offered this system of background infor- With this in mind, I am once again ducted Presidential election received more mation gathering. introducing my bill to provide for an in- than 10 per centum of the total number of votes cast throughout the United States for I applaud President Ford for making vestigation of the character and past all such candidates, treating votes cast for activities of potential Vice Presidential such an offer, but I must point out that the election of Presidential and Vice-Prest- nominees by the FBI. Although this bill there may be two shortcomings in this dential electors who are amliated with A is especially for nominating procedures, political party as votes cast for the Prest- offer. it would also establish procedures for dential candidate of that party; First, there are some questions as to 25th amendment cases. (3) "national nominating convention whether potential candidates can be in- Briefly, this measure would allow, but means a convention held by B political parts vestigated without a specific law, such not require, principal presidential can- for the purpose of nominating the candidate as the one I suggest. Second, and per- of that party for the office of President: and didates the opportunity, to submit the haps more important, the President's (4) "Presidential candidate" means an names of 10 possible candidates for vice proposal contains no safeguards and, individual who-- president to the FBI. The investigation indeed, could not have legal safeguards (A) is qualified under the Constitution 1. of the contenders shall consist of the serve as President if elected to that office and (B) files with the Attorney General. not date to inspect the evidence and informa- the primary standard, yet It is the one most later than 3D days before the date on which tion, and no part of such evidence or infor- neglected under present V.P. selection pro- the national nominating convention of a mation shall be removed from the custody cedures. A Presidential candidate must sur political party is scheduled to begin- of the Federal Bureau of Investigation. vive anywhere from three years to a mini (1) a statement in writing personally Sec. 3. (a) Upon the nomination of a can- mum of six months of scruting by the fourth signed by him stating that he is a candidate didate for the office of Vice President by the estato, and no man with skeletons In bis clos for nomination of that party for election to President acting under the Twenty-Afth et can survive that scruitny. A V.P., however the office of President, and Article of Amendment to the Constitution of is chosen overnight, and although ostensibly (11) a substantial number of statements in the United States, all evidence and informa- is 8 man of character and Integrity, as past writing each of which is personally signed tion relating to such candidate obtained events have shown, this 13 not always the by a delegate entitled to vote in such con- from an investigation authorized In section case. Thus, the first requirement for any BO- vention for the selection of the candidate of 2 shall be forwarded to the appropriate com- lution is to select a procedure to ensure that that party for election to the office of Presi- mittees of the Congress. Upon the confirma- only men of integrity are chosen. dent stating that such delegate intends to tion of such candidate by and with the ad- II. Competibility vote for the nomination of that individual vice and consent of the Senate. all evidence and information relating to other potential The man chosen for the Job must be com- as the candidate of that party for election Vice-Presidential nominees obtained from an patible with the Presidential candidate. Al- to the office of President when the conven- tion is held. investigation authorized in section 2 shall be though many have suggested that & Vice destroyed. and no memorandum, copy, or President should often take opposing views For purposes of clause (ii), an individual other record of such evidence or information on issues, in practicality. this would be ut- shall be considered to have furnished a sub- shall be retained. ter nonsense and even dangerous. According stantial number of statements from dele- gates to the national nominating convention (b) Upon the nomination of a candidate to some, the then V.P. Humphrey was totally opposed to President Johnson's Vietnam of & political party If he has furnished the for election to the office of Vice President by policies, and they feel he should have spoken, greatest, next greatest, or third greatest the national nominating convention of a but would this have served the country well? number of statements from such delegates political party. all evidence and information Think of the effect on allies, or worse, enem- in comparison to the number of statements relating to potential Vice-Presidantial nomi- nees of that party obtained from an investi- 1es If a President was in ticklish negotia- furnished by all other such individuals, or tions on one path, while his V.P. was advocat- gation authorized in section 2 shall be if he has furnished statements from 10 per ing another. destroyed, and no memorandum. copy, or centum of such delegates. I am not suggesting that a V.P. becomes a other record of such evidence or information Sec. 2. (a) (1) Whenever there is a vacancy complete lackey of the President. But he shall be retained. in the office of the Vice President, the Presi- must be 8 man of the same general persua- Sec. 4. No evidence or information ob- dent may, in writing, request that the At- sion. Thus, another requirement is that the tained under or in connection with an Inves- torney General investigate not more than Presidential candidate must have a strong 10 individuals lised in such request by the tigation carried out under this Act shall be voice in the selection of the V.P. President as potential Vice Presidential admissible in any proceeding before any III. Political Pragmatism nominees. court of the United States or of any State. (2) A Presidential candidate may, In writ- SEC. 5. The disclosure. release, or retention Despite the outcry of some. political con- ing, request the Attorney General to investi- of evidence or information in violation of siderations must be allowed to be a criterion gate not more than 10 individuals listed in the provisions of this Act shall be punish- for the selection of the Vice President. I do able by a fine not to exceed $50,000, impris- not mean the backroom, smoke-filled room such request by the Presidential candidate as potential Vice-Presidential nominees. onment for not to exceed five years, or both. type politics, but honest, open politics. (3) The Attorney General, upon receiving STATEMENT OF SENATOR BILL BROCK What I mean by this is that there must be room for maneuvering in such areas as try- a written request from the President under Mr. Chairman: The events of the past two ing to obtain a balanced ticket or using the paragraph (1) or from a Presidential candi- years have amply demonstrated that we have V.P. selection to try to heal party wounds. date under paragraph (2), shall direct the to take a hard look at the methods we now Some people say that Humphrey lost the Federal Bureau of Investigation to conduct use to choose our Vice Presidents. It is no- 1968 election because he could not beal the an investigation of the individuals listed in tually unfortunate that it has taken so- wounds of the Democratic left, and I think such request. The investigation shall be of called "scandals" to make ua address this that I can safely say that had John Kennedy the same nature extent, and scope as an problem, when in actuality, as we look at not picked Lyndon Johnson as his V.P., be investigation conducted by the Federal Bu- the Vice Presidential office since World War would have lost the election. reau of Investigation In connection with the II, we see that three Vice Presidents have be- mother requirement and standard granting of a top secret security clearance come Presidents-Trumana, Johnson and selection process of the V.P. must to any individual employed by the United Nixon, while another Vice President, Hubert be aboved to cope with realistic polities States. Humphrey, was a seroius Presidential nomi- There is nothing dishhonorable in honest (b) The Attorney General shall notify nee. In short, the Vice Presidential office has open politics. each individual who is the subject of an in- take on great importance, and it is unfortu- IV. Democratic and Fair vestigation conducted under this Act when nate that it took problems in both our par- such investigation is completed and shall ties to bring about serious consideration of Any method used to choose the V.P. cand:- give such individual an opportunity to re- reform. date must be as fair and democratic as pos- view the evidence and information obtained I have given this matter serious thought sible. The most obvious method would be through such investigation. No evidence or and, in fact, have introduced a bill, S. 2741, for the V.P. candidate to also run (as some information obtained by an investigation that could perhaps deal with the problems have suggested, and which I will mention that have plagued the Vice Presidential can- later), but this would not always be com- conducted under subsection (a) shall be re- leased to any person without the written didates of both our parties. Briefly, my bill ensurate with the other standards, namely. consent of the individual who is the sub- provides for a standard "top secret" clearance II. Compatibility. and III. Political Prag- ject of the investigation. check of potential Vice Presidential candi- matism. dates that the Presidential candidate could Another requirement therefore is that the (c) If an Individual investigated under read before he made his selection. selection process should be as democratic and subsection (a) consents in writing, as pro- Before explaining my bill, however, I would fair as possible under the circumstances. vided under subsection (b), to the disclo- stire of the evidence and information ob- first like to establish some guidelines or Now, let me review and comment on some of the suggestions now being used or pro- tained in that investigation, the Attorney standards, a touchstone that should be used General shall permit Inspection of such evi- for the selection of Vice Presidential candi- posed for the Vice Presidential selection proc- dence and Information by the President who dates; then second, review some of the pro- ess. requested the Investigation and by one other posals for change now being advocated in the To the best of my knowledge, there are press and elsewhere. now about ten methods used or being pro- person designated by the President, or by the posed: Presidential eandidate who requested the in- STANDARDS FOR CHOOSING A VICE PRESIDENT 1. Traditional Method. vestigation and by one other person desig- What are the standards and guidelines we 2. Vice President as Candidate. nated by such candidate, but only If such should try to aim at for choceing a V.P.? 3. Immediate Declaration by Presidential candidate has been nominated by the na- The list of standards for the man who stands Candidate. tional nominating convention of the politi- a heart beat away from the President is end- 4. Runner-up as Vice Presidential Candi- cal party with which he is affiliated. Any less, but I have tried to conceptualize them date. such Inspection shall be carried out on under four general headings: 5. Self Nomination. premises designated by the Attorney General I. Integrity. 6. Open Convention. and in the presence of an employee of the II. Compatibility with President. 7. 48 Hour Delay in Convention. LIBRARY Federal Bureau of Investigation who shall III. Political Pragmatism. 8. Special Convention. be the custodian of such evidence and in- IV. Democratic and Fair. 9. 25th Amendment-type Method. formation. No copy. record. or memorandum I. Integrity 10. Pre-invest: 0: any matter contained in such evidence and information shall be made by the candi- Obviously, the man who may well be Pres- 1. date or the person designated by the candi- ident should be a man of integrity. This is The tradition. course, to let 2 the Presidential candidate "pick" his choice. 7. 48 Hour Convention Delay elected delegates, It would be as democratic Thiousually Thakes the candidate compatible Senator Humphrey has suggested an extra and fair as any other method. with the President, although not necessarily so, because this method also satisfies another day for the convention with a day between My proposal would be & change in the law the selection of the President and the Vice while this comunittee is really concerned criteria, Political Pragmatism, which has in the past made Presidential candidates choose President. The obvious reason is to avoid the with convention rules. I have two that I incompatible, yet politically pragmatic peo- rush to choose the V.P. But I don't think & would like to suggest: ple. This method is democratic and fair to 48 hour delay is going to be sufficient time (1) I endorse the Humphrey proposal that to get at the integrity of a man. It does give we need a 48 hour delay between the seler- the extent that the convention, elected offi- the Presidential candidate more time to look tion of the Presidential candidate and hi: cials, do confirm the man, yet they usually over the field, and thus meets the compatl- choosing a Vice Presidential selecter. and have little choice. But, this method has obvious short com- bility and political tests, and is as democratic (2) I like the Idea that the convention ings. as any present method, since the elected dele- should have some kind of open choice of gates have the final selection, but It does not candidates, but I think that the Presidential 2. The Vice President as Candidate candidate should be allowed to choose the get at the "integrity" question. This was the method used by Endicott Pea- two to five candidates. 8. A Special Delayed Convention body during 1972, and, quite frankly. it is the However, I would like to point out that most appealing from the "democratic" view- In 1972, the Democrats used a special con- these suggestions, a 48 hour delay. and an point. Since he ran as a candidate, one would vention to choose Shriver and Senator Hum- open convention would still not solve the in- think that he would have been under close phrey has mentioned this as a method if the tegrity problem, unless the provisions of my scrutiny, and thus passed his "Integrity" test, Presidential candidate desires more time. bill, S. 2741, are available to the Presidential This would give the party time look into a candidates. but in fact, he was almost completely ignored by the press. However, were this the standard candidate's "integrity," but I believe that it What I suggest in my plan, a "top secret" procedure, the press might pay more atten- fails the other three requirements. First, it security clearance check on prospective Vice tion to V.P. candidates, but they would prob- is not democratic, but smacks of the old Presidents raises the specter of civil rights ably still be overshadowed by the Presiden- backroom politics picked by the party bosses. and invasion of privacy,' which. quite tial race. Second, this could definitely jeopardize the frankly, have bothered me, but I would like This method has two major drawbacks, compatibility requirement, since, as we have to point out certain items: however, it does not insure compatibility. seen all too often the party structure has a (1) A top secret security clearance Is & and could even worsen this element, since different philosophy from the convention del- standard clearance required of virtually all over the campaign period the V.P. would have egates who are "elected" officials. our military and foreign service officers and built his own constituency. Also, this might Third, this is not politically feasible since, many serlous officials in other agencies, and, fall the political pragmatism test. for the same reasons cited in two (2), the if a man cannot measure up to those stand- Presidential candidate could find himself ards, then he should not be Vice President. 3. Immediate Declaration by Presidential with a politically unacceptable partner who Candidate (2) Jerry Ford went through a consider- happened to be the favorite of the party. ably more detailed inspection than'I suggest, In a recent article, James I. Loeb has sug- We must remember that even though V.P.'s and I did not hear any civil libertarian ob- gested that Presidential candidates immedi- have become increasingly important, and ject. ately make known their choice. Like the "V.P. often gone on to be Presidents, people still as Candidate" notion, this has some immedi- (3) There are six personal safeguards in my are voting for the President and he should bill: ate appeal. It certainly passes the compati- have the right to have a strong input for a billty and democratic requirements, and First. a person first fills out a personal in- V.P. of his choice. probably also would take care of the "integ- formation background form, and since this rity" test. 9. 25th Amendment-type Proposals is voluntary, the potential candidate could But, what about the political pragmatic It has been suggested by some, and with a refuse initially. requirements? As the author himself points constitutional amendment by Senator Grif- Second, the report could only be released out, who would choose to be "second" on B. fin, that the Presidential candidates run with the written permission of the person in- tacket but even worse. this would eliminate alone, and then afterwards use some sort volved. Kennedy-Johnson type tickets, or, looking of 25th Amendment-type proposal to choose Third, only the Presidential candidate and into the future, a Reagan-Percy type ticket. the Vice President. There is a certain amount one advisor are allowed to look at the reports. In short. immediate declaration type tickets of appeal for this, especially if you are wor- Fourth, there are stiff penalties for dis- would tend to polarize the party, which, in ried about the integrity of the Vice President closing information from these reports. my estimation, is bad, and/or would elim- Gerald Ford underwent probably the most Fifth, information obtained by the investl- inate Kennedy-Johnson type tickets. careful and close scrutiny of anyone ever gation cannot be used against the persons 4. Runner-up as Vice Presidential Candidate nominated for anything. Sixth, and finally, the reports are destroyed It has been suggested by many that the Although this has appeal, there is one ma- after the selection. runner-up should become the Vice Presiden- for drawback in this approach that bothers Although I hate to suggest such a bill, I tial candidate, and this, of course, does me. I believe that in a democracy the people happen often. But, what about the situation should have a chance to vote for their Vice think that the events of past years have shown that we need better information on where the Presidential candidate and run- President, and that any man chosen should be subject to the requirements of running our Vice Presidential candidates, especially ner-up are from completely different wings for office. since SO many may eventually become Presi- of the party? For politically pragmatic rea- dent. The President of the United States sons, they may want to join forces to "heal 10. Investigation Method simply must be a man above reproach. party wounds," however, I would hate to see Unless the Vice Presidential candidate hits a situation where they were "forced" to join the campaign road for the entire period and together. comes under press scrutiny, the only way to 5. The Self-Nomination Method satisfy the "integrity" problem is by using At the 1972 Democratic Convention, we some sort of investigative method. Consider- saw Senator Gravel use the novel method of ing the fact that only one recent Vice Presi- nominating himself. I believe that Senator dent, Johnson, was under the press survey, Gravel was deadly serious, and I know him while most were relatively unknown, I think to be an honorable man. However, this type that we do need some sort of investigative LIBRARY of method could be used by demogogues, method for choosing our Vice Presidential plus, it fails all four tests for election of a candidates. V.P. The Democrats have suggested, and then FORD 6. An Open Convention rejected, a special Party Board to go into I must admit that an open convention has the background of potential Vice Presiden- quite a bit of appeal to me, but under cer- tial candidates. I think the Democrats wisely 07V830 tain limitations. I would not favor the com- concluded that any such private dossier sys- tem could be easily misused. pletely open convention as done by Adial Stevenson in 1956, because, again, I think I have introduced a bill, S. 2741, that would you might come up against the compatibility take care of this investigative problem un- problem. What I would like to see, however, der standard government procedures. My bill is an open convention, whereby the Presi- would allow leading candidates to supply the dential candidate announces the name of FBI with a list of up to ten names of a two or three persons, and lets the convention standard "top secret" investigation, at least choose. This would be fair and democratic as sixty days prior to the convention. In my possible while fitting in with the realities of estimation, this would satisfy all four stand- compatibility and political pragmatism. ards for choosing a V.P. It should take care However. this still does not get at the "In- of the most serious problem-that of inte- tegrity" issues. because, once again, a virtual grity. With a choice of ten, I believe that it unknown could still be chosen as Vice Presi- would also satisfy the "compatibility" and "political pragmatism" tests. And, since the dent with the same results. man would still have to be confirmed by the - 15 - #511-6/17 Q What are the President's plans in going about choosing a Vice Presidential running mate? Is he going to continue not to consult with anyone or at some point does he plan to talk to people about this, or is he going to go to the top of the mountain? MR. NESSEN: I don't know what the future plans are, but I am just trying -- Q Doesn't he think he better -- Q Let him answer the question. MR. NESSEN: I started to tell Ed, I don't know what the future plans are for making his selection, but I have tried really in a very sincere way to convey to you what the situation is now, and that is all I can do. Q Ron, can you explain why whenever Governor Connally comes in here it suddenly does not show up on the schedule? Is there any reason for it? MR. NESSEN: I don't think there is anything, you know, especially unusual about that. There are a number of people and groups who come in from time to time to visit the President, and, you know -- we have gone over this before -- he does have a private schedule. Connally is on the private schedule sometimes and on the public schedule sometimes. Q Ron, for the record we overlooked this earlier the subject of possible troop movements in the Middle East come up this afternoon? MR. NESSEN: There is no anticipation of any American military involvement in Lebanon. Q Ron, to follow up Dick's question, when Vice President Rockefeller said that Governor Reagan would not be a candidate, you are not disputing the Vice President? MR. NESSEN: I have not seen that statement by the Vice President. I cannot speak for the Vice President. Q It was on Meet the Press. Q On Meet the Press he said he was personally, absolutely certain that the Governor would not -- MR. NESSEN: I can't help you out in that area. All I am saying is that the first time you will hear anything that -- well, I don't know what the Vice President said and I would have to look at the transcript to find out, but, leaving that aside and in no way connected with it, I am saying that you will not know anything that is authoritative and represents the President's thinking until you hear it from the President, and if others -- Q Would you like to bet a dollar on that? MORE #511 - 16 AM #511-6/17 MR. NESSEN: I will, Ted, very much bet a dollar on that or any amount of money, because I know that that is indeed the situation and I know that -- I mean, you have been around Washington a long time. This is a quadrennial game of guess who the Vice President is going to be, and a lot of people down in the bowels of the building and some up in the top of the building like to suggest that they know either that he has made up his mind and, if he has, who it is, and that is, as I say, a quadrennial game. You are simply going to be wrong if you take any of those people's word for that during this period until you hear it from the President. Q When you say this period -- Q When will we hear it from the President? MR. NESSEN: As I said to Ed, I don't have a timetable for that. Q Ron, are you saying that we should not take Connally's word on this, by the way? MR. NESSEN: Just a step away from your question, Tom -- (Laughter) --- the President has not consulted on this with anyone. Q Ron, are you through with that? FORD MR. NESSEN: I don't know. Q Did Connally give him any kind of light lecture yesterday on the fact that he better get working on this thing, that it was going to get away from him if he was not careful? MR. NESSEN: Well, Phil, there were only two people in the meeting and I was not one of them so I don't know what they discussed. Q Ron, did the President meet with Congressman Joe Waggonner of Shreveport this morning, and did they discuss Waggonner's case in which he has been written about by the New York Post? MR. NESSEN: Well, today was one of the Congressional hours and I think if you recall Congressional hour it is one of those occasions in which an hour or an hour and a half is set aside for very brief meetings with Members of Congress. Q Yes, we know that, but that is not the question. MR. NESSEN: Well, I want to set in context why Congressman Waggonner was here. He came in with one of his constituents, the Reverend Ashley T. Law -- Q Southern Baptist? (Laughter) MORE #511 THE WHITE HOUSE WASHINGTON June 17, 1976 Dear Jonathan: Many thanks for sending me a copy of the report recently completed by your Study Group concerning the selection of Vice- Presidential candidates. I look forward to reading this report as I am sure it represents a very thought- ful commentary on this subject. Congratulations on having completed this work so expeditiously! Very best personal regards. Sincerely, LIBRARY Thil TURO Philip W. Buchen Counsel to the President "a SERVID The Honorable Jonathan Moore Director Institute of Politics Harvard University 78 Mount Auburn Street Cambridge, Massachusetts 02138 News Office 1976-79 Harvard University Holyoke Center 1000 Cambridge, MA 0213 Tel. 617-495-1585 June 8, 1976 Mrs. Deane W. Lord, Director FOR RELEASE: Monday, June 14, 1976 BEBAL Harvard University's Institute of Politics released today the report of its Study Group on Vice-Presidential Selection, containing fifteen "mutually reinforcing" recommendations favoring "a set of procedures more likely than the present ones to assure selection of Vice-Presidents competent to assume the Presidency itself." Citing current one-to-two odds that the Vice-President will eventually become President, and the Eagleton-Agnew incidents, the report criticizes the present system as "too prone to error" and containing "an inherent and unacceptable degree of risk." The study group's report is made public "in hopes of influencing the way the Vice-Presidential nominees are selected in 1976 and of improving the process further before 1980.' Its recommendations: * Protect the predominant role of the Presidential nominee in the selection of a running mate, and reject methods of an "open" convention or a "mini-convention" convened subsequent to the regular national convention. * Emphasize a "more open system, responsive to the public" which would "strengthen the chances of informed and responsible choice," relying upon "sensible, feasible, and largely voluntary" roles for the parties, candidates, and the media. Support "Presidential competence" as the primary standard for Vice-Presidential selection, with "electoral balancing" as a secondary factor, pointing out that the two "are neither mitually exclusive nor naturally contradictory." Propose rearrangement of the schedule for national conventions so as to place the platform debates following the Presidential nomination and preceding the Vice-Presidential choice--allowing time for "more care and deliberation with opportunity for more thorough and extensive consultation." Endorse a strengthened party role by establishing advisory committees of the two national parties which would undertake advance preparation and background research prior to the convention, widen the process of consultation, and "provide information and advice on potential Vice-Presidential candidates to the nominee." Urge the Presidential candidates to give higher priority to Vice-Presidential selection--through advance staff work, public discussion of criteria, and public listing of "serious preferences for the Vice-Presidency before the convention." * Oppose F.B.I. background checks for prospective Vice-Presidential candidates by administrative action; but request Congressional consideration of legislative authori for "appropriate background investigations to be conducted by -more- Institute of Politics -2- the F.B.I., under timely and fair arrangements and with effective controls against violations of privacy and misuse of sensitive information." * Stress the key role of the media in public exposure and involvement in Vice- Presidential choice, urging the commitment of "reporters, time and funds to extensive coverage and investigation of potential running mates, including interviews plus in-depth reporting on issues and backgrounds." The Study Group on Vice-Presidential selection, which began its work in February, reviewed earlier studies and proposals and interviewed various experts and current practitioners in the process, before completing its own analysis and recommendations. Its members are: Christopher Arterton, Assistant Professor of Political Science, Yale University; Timothy Barrow, Fellow, Institute of Politics, formerly Mayor of Phoenix, Arizona; Lawrence D. Brown, Assistant Professor of Government, Harvard University; Eugene Carlson, Fellow, Nieman Foundation, economics reporter, United Press International; Barney Frank, Massachusetts State Representative; K. Dun Gifford, Vice-President for Urban Affairs, Cabot, Cabot & Forbes, formerly Chairman of Common Cause/Massachusetts and Legislative Assistant to Senator Edward Kennedy; Charles Greenleaf, MPA Program, John F. Kennedy School of Government, formerly Legislative Assistant to Governor Milliken of Michigan; Ira Jackson, Special Assistant to the "Institute Director, formerly Administrative Assistant to Mayor Kevin White of Boston; Elizabeth Goddard (Rapporteur), Institute staff; and Jonathan Moore (Chairman) Director of the Institute of Politics. Excerpts from the Study Group's Report: On the problem: "We take the view that rational discussion and exploration of alternatives should be continued, and that increased public attention to methods of Vice-Presidential selection is itself a necessary first step toward improvement Our general objective is to suggest a set of procedures more likely than thepresent ones to assure selection of Vice-Presidents competent to assume the presidency itself. Our point of departure is not that the present approach has worked poorly on the whole, but rather that it is inherently risky. We grant that no Presidential nominee would knowingly choose a running mate unfit to hold the highest office. However, we are skeptical that the present system is adequately self-correcting or that we can simply trust future Presidential nominees to exercise 'exquisite care' in choosing running mates in the absence of procedural reform. "We do not believe that radical changes are desirable or workable We address, therefore, the practical roles which the parties, the candidates themselves, and the media can usefully and quickly play. Our recommendations recognize the inherently pluralistic and democratic character of the process, and we believe their non-dramatic nature makes them more rather than less compelling." ***** -more- Food LIBRER Institute of Politics -3- R. On standards: STREET We recognize that strong short-term political needs--for regional balance, to heal party divisions, to prevent the Presidential nominee from being upstaged, and the like--may detract from competence as the main criterion. However, the selection of a running mate with the purpose of maximizing the popular vote, securing key blocs in the electoral college and creating a sense of representation and legitimacy among various population elements--therefore enabling an administration to govern effectively, is a valuable aspect of the political process It is implausible that the dictates of short-term political balance are so compelling, and the available set of high-quality political figures so limited, that a Presidential nominee need be forced to sacrifice competence to campaign victory in a possible successor." On parties: "By undertaking modest but useful reforms, the national parties can not only improve Vice-Presidential selection, but also strengthen their own relevance and influence in a period unhappily marked by party decline As it is now, both parties treat Vice-Presidential selection as a low-priority matter, an afterthought unworthy of serious preparation.' On candidates: "In urging special responsibilities in Vice-Presidential selection on the Presidential candidate, along with recommendations affecting other participants in the process, we seek to strengthen and protect their role rather than to diminish it. If their responsibility is to remain a commanding one, however, it should be carried out with a greater commitment of time and effort than has generally charac- terized past behavior, beginning well before nomination rather than immediately following it. "The greatest weakness in the present system is the fact that whereas the Presidential candidates go through months of exposure and arduous campaign work before coming to the convention, the Vice-Presidential candidate is often unknown, both to the public and the nominee. When the Vice-Presidential candidate happens to be chosen from the ranks of candidates actively contesting the primaries, there is much less of a problem, but this cannot be guaranteed (We) attempt to correct this weakness in the system without challenging the nominee's prerogative to make the choice." ***** On background checks: "The question of background checks on prospective Vice-Presidential candidates is characterized by uncertainty and controversy. Many believe that they would not be -more- Institute of Politics -4- worth the risks involved, including possible violation of privacy, abuse of confidential information, lack of credibility, and misrepresentation. "The study group believes that a thorough examination of a Vice-Presidential candidate's personal and political background, now lacking, is a desirable component of the overall process (But) any process of background checks must be accom- plished with a maximum of understanding, support, and credibility. Otherwise the cost will be greater than the benefit, and we would do better without it. It is this belief that leads us to the conclusion that a systematic check for Vice-Presidential candidates should not be undertaken by administrative action and loose agreement among the interested parties, but only by way of the legislative process. This would assure adequate deliberation--solicitation of views through public hearings, careful analysis by Committee staff, open debate in both houses of Congress, and the chance for Presidential approval of a new statute." On the media: "The press should earmark a substantial slice of its resources toward calling attention to the inequities and foibles of the present selection system and toward covering prospective Vice-Presidential candidates The urgency of the ongoing campaigns and the uncertainty of the outcome leaves the unfortunate possibility that, once again, the selection of running mates will be a last-minute decision. In that event, it will be more crucial than ever for reporters to dig deeply into the back- grounds and public records of the candidates, acting as a supplement to a highly imperfect selection procedure. To the extent that potential contenders for the second slot can be identified and examined in advance, the process will be improved." The Institute of Politics was established in 1966 in the John Fitzgerald Kennedy School of Government at Harvard University as a living memorial to the late President, with the objective of increasing the understanding and cooperation between the university community and the political world. It conducts a student program, a Fellowship program, a program of Faculty Studies, and a program of special projects, including analyses of the political process and orientation courses for freshmen members of Congress and newly-elected Mayors. -end- LIBRARY FORD THE WASHINGTON POST Friday, June 18, 1976 A7 R1 07VHID Carter to Name Panel to Help Him Choose a Running Mate By Helen Dewar dropped Sen. Thomas F. Ea- the impression that we are further investigations would Washington Post Writer gleton (D-Mo.) after it was more important than we re- be made. ST. SIMON ISLAND, discovered that he had been treated for a mental illness. ally are." "I don't know about the Ga., June 17-Jimmy Cater, conceding that a faulty vice Carter-tanned and re- And, said Powell, smiling, use of the FBI. We're reluc- presidential choice could be laxed from two days of fish- "he explained just how im- tant to do that," said Carter. a "fatal mistake" for his ing and swimming with his portant we are." "The only way would do campaign, ann unced today family at Sea Island near Briefing reporters on the that is if the Attorney Gen- he will immed stely assem- here-disclosed the plan af- lawn of a resort hotel where ble a panel 12 to 15 ter a two-hour strategy ses- eral tells us it would be be "distinguished Americans" sion with a dozen or so his staff is staying during gal and if the nominee ap- to help him mak the members of the top echelon his five-day vacation, Carter proved the interrogation or choice. of his campaign staff. said he would have more de- investigation." But he said he is reluctant It was the prospective tails within a few days on He said he felt it was to accept President Ford's nominee's first meeting with them since his opposition his vice presidential selec- "important in this process to offer of FBI assistance in crumbled in the face of his tion plans, including names probing the background of honor the privacy" of those prospective candidates for relentless, 15½ month drive of at least some representa who are under consideration tive members of the advis- the No. 2 Democratic spot. for convention delegates. According to Carter and ory group. for the nomination, and did He indicated he would do so others, the meeting covered Aides said Carter ap- not want "a full background only if the ididate agrees to submit to an investigation plans for paying off Carter's peared to have a "fair idea" check" of all who are being $1.2 million primary cam of whom he intended to and if the Attorney General considered, regardless of choose for the panel but did rules that such probes are paign debt, convention logis- their chances of being cho- legal. tics and fall campaign plans not want to disclose names sen. as well as the vice presiden- until he had contacted them. Carter also backed off at The Carter campaign has least partially from his ear- tial selection. Carter told reporters that already commissioned its lier statement that he would Carter also said the group no prospective vice presi- went over "some mistakes" dential nominees would be polling firm, Cambridge ask the 3,008 convention del- Survey Research, to conduct egates for their advice on a that the campaign organiza- on the panel, which, he said, would be composed of a voter survey on 14 possî- vice presidenilal nominee, tion had made during the saying that time remaining primaries, but he did not "distinguished Americans ble nominees: Sens. Edward before the July 12 conven- elaborate. whose judgment I respect." M. Kennedy (Mass.), Frank Church (Idaho), Walter F tion may not permit such a Later, press secretary Carter did not spell out Mondale (Minn.), Alan Cran- survey. Jody Powell said Carter exactly how the panel would ston (Calif.), John Glenn Use of a public advisory complained during the meet- operate, but Powell said it (Ohio), Edmund S. Muskie group would give him a ing that the staff "in some would probably be on an in- (Maine), Adlai E. Stevenson broad-based 'sounding cases had gotten a little formal basis, without actual (Ill.) and Birch Bayh board" for selection of a cocky about this thing" (the meetings. (Ind.); Govs. Michael S. Du- running mate, Carter said. nomination) and he wanted Carter said he would kakis (Mass.), Wendell An- The Carter campaign hopes more humility. "accumulate as many differ- derson (Minn.) and Hugh L. it also would help provide a Powell said Carter wanted ent opinions" as he could Carey (N.Y.); Reps Peter W. check against a recurrence the word passed through his among members of the Rodino (N.J.) and Barbara of the Democrats' 1972 Associated Press entire campaign organiza- group and, if there are any Jordan (Tex.), and Mayor plight, when presidential tion to "take great pains to "deleterious or critical" of Thomas Bradley of Los An- Jimmy Carter airs strategy with (from left) Hamilton Jordan, Morris Dees, Greg Schneiders and other aides. nominee George McGovern make sure we did not give any of the possible choices, geles. 197 THE WHITE HOUSE WASHINGTON Barry, Mr. Buchen would like you to handle. shirley LIBRARY FORD SERALD Burber 7, THE WHITE HOUSE Barry. WASHINGTON June 21, 1976 MEMORANDUM FOR: RON NESSEN FROM: DAVE GERGEN 72 SUBJECT: FBI Check on VP Nominee Jimmy Carter's people say he will announce this week his procedures for selecting a VP nominee. Do we have a definite reading now on the legality of FBI checks? CC: Dick Cheney LIBRARY Dech 1040 GERALD LIBRARY Demo Race: Comment FORD C-12 Avoiding Mistakes (Editorial, excerpted, Atlanta Journal) Though all sorts of things can still happen at the Democratic national convention itself, the party's platform committee has come up with a draft which is pleasing to probable presidential nominee Jimmy Carter. As a result, the committee also has avoided making some big political mistakes, which, without the Carter in- fluence, it quite likely would have made. Despite the grumbling of some who view silence on such issues as elevating political expediency above ideals, the platform com- mittee refused to get as far out of step with the majority of the American people as party ideologues tended to do in 1972. It begins to appear that candidate Carter will not have to start the campaign disavowing most of his party's platform. -- (6/17/76) Can FBI Be Trusted? (Editorial, excerpted, Des Moines Register) Jimmy Carter, the probable Democratic presidential nominee, has expressed reservations about an offer by Atty. Gen Levi to have the FBI run background checks on possible running mates. An FBI check conceivably could alert the presidential nominee to factors in a person's background that would make that person an inadvisable vice presidential choice. But the FBI also conceivably could try to blackball somebody the agency disapproved. Carter is properly concerned about the possible consequences of giving the FBI even an indirect voice in the selection process. For too long even presidents were cowed by the FBI and dared not appear to question the integrity of the agency. Jimmy Carter's reluctance to bring the FBI into the vice presidential selection picture is a healthy sign. -- (6/23/76) Carter Twists the Record (Editorial, excerpted, Daily Oklahoman) Now that he has the Democratic presidential nomination vir- tually sewed up a month before the convention, Jimmy Carter is reportedly turning his attention to potential running mates and possible cabinet choices. However, there is the little matter of a campaign and election before Carter can be sworn in as the 39th President of the United States next January. And as the contradictions in Carter's record become more apparent, a funny thing could happen to him on the way to the White House, like it did to Thomas E. Dewey in 1948. Election: News N-11 Vice Presidential Selection in Question The selection of Spiro Agnew and Thomas Eagleton as vice presidential running mates in 1972 has caused many to conclude the vice presidential selection process should be changed, Connie Chung (CBS) reported. Changes range from an FBI investigation to giving the presidential nominee more time to choose a running mate, Chung said. Hubert Humphrey commented (on ABC film) : "Listen, Lyndon Johnson made the FBI look like amateurs. They investigated from top to bottom and I knew it." Jimmy Carter has already begun an elaborate screening process to choose his running mate, Chung said. The two Republicans aren't in Carter's fortunate position. Both camps support a thorough investigation but do not think it should overshadow the decision of the nominee. Reagan campaign manager John Sears said (on ABC film) : "I have no interest myself and I don't think Mr. Reagan does in making the selection process into something that might more resemble a police investigation." Rogers Morton said (on ABC film) : "The thing you want to avoid and I think the President would want to avoid is any system that would let the Executive Branch be the determining factor as to whether a person should or should not be the President of the United States or the Vice President of the United States." CBS -- (6/29/76) FORD LIBRARY R. Barry THE WHITE HOUSE WASHINGTON June 30, 1976 FORD LIBRARY MEMORANDUM FOR: DICK CHENEY JACK MARSH FROM: PHIL BUCHEN P. SUBJECT: Authority for FBI to Investigate Potential VP Nominees The Department of Justice is of the opinion that present law does not permit the FBI to investigate prospective Vice Presidential nominees. Justice is unable to find any statute which would authorize the FBI to undertake such investigations. Although the President has inherent authority to direct investigations in the absence of a specific statute when the investigations relate to the exercise of his constitutional or statutory functions, Justice is unable to identify any function which would clearly support such a directive for this purpose. Moreover, Justice notes that a statute to provide for such investigations may be uncon- stitutional because it establishes consent by the nominee as a new qualification for Vice Presidential candidates. At best, it is questionable whether present law would permit such an investigation even with the subject's consent. In the absence of new legislation, the only basis for proceeding in this manner would be after consultation by the Attorney General with the leadership of the House and Senate Judiciary Committees. The Attorney General does not favor the concept of a Federal police force investigating potential political candidates and the Deputy Attorney General recently explained to Governor Carter's staff that the FBI did not have the authority to investigate Vice Presidential candidates. (No objection to this opinion was raised by Governor Carter's staff. Despite a correction by the New York Times, the news media continues to report that the Attorney General offered the FBI for the investigations.) INVESTIGATION OF PROSPECTIVE VICE PRESIDENTIAL NOMINEES Question Mr. President, you recently stated that you would make available facilities of the FBI at the request of the Democratic Presidential nominee to investigate a prospective Vice Presidential nominee prior to the decision. Is this your present position? Answer The idea of such an investigation was recently raised by a reporter at which time I stated that I saw no objection to an investigation, to the extent permitted by law, as long as it was requested in writing by the Presidential nominee with the written concurrence of the Vice Presidential nominee. On the basis of my experience during my Vice Presidential confirmation process, I am not personally troubled by the thought of such an investigation. However, the Department of Justice has recently concluded that present law does not permit the FBI to undertake such investigations even with the consent of the subject and Governor Carter has so been informed by the Department of Justice. I believe this is a matter that deserves further study. There are numerous practical problems that must be considered, such as the length of time to complete investigations of this magnitude, as well as policy considerations concerning individual privacy and investigations by the Government of potential political candidates. We must not get into a situation where the Federal Government screens who are to be our political candidates. I do not believe that such a study could be completed in time for this year's Conventions. LIBRARY FORD BERALD -2- Senator Brock has introduced legislation, S. 3552, to provide for investigations for this purpose "of the same nature, extent, and scope as an investigation conducted by the Federal Bureau of Investigation in connection with the granting of the Top Secret security clearance to any individual employed by the United States. 11 The bill does not require the consent of the prospective Vice Presidential nominee in order to conduct an investigation and would allow any candidate with written statements of support from more than 10 percent of the delegates to the Convention to request the Attorney General to investigate not more than 10 individuals for this purpose. The bill appears to prohibit the use of any evidence obtained during an investigation for any other purpose, including in criminal proceedings and provides that only the Presidential nominee or his designate could inspect the investi- gations after obtaining consent of the subject. Following the nomination of the Vice Presidential candidate, the investigations and all copies thereof would be destroyed. I recommend that the appropriate Justice officials meet privately with Senator Brock to discuss the practical problems raised by such legislation and Justice's reluctance to investigate potential political candidates. With reference to the President's consideration of Vice Presidential candidates, we can review existing FBI background investigations on individuals who have been considered for Presidential appointment. As you are aware, we do not conduct such investigations with respect to members of Congress, but with consent do conduct investigations on Governors and other state officials. While such investigations are far less detailed than the one on Congressman Ford, they may be useful. Additionally, the questions we ask Presidential appointees (attached) concerning their financial interests and background provide us with basic information that should be reviewed prior to final selection and announcement of the President's running mate. 1 file V P selection Vice-Presidential Candidate The most important decision Governor Carter is likely credibility as the Presidential nominee of his party may to make for a very long time to come is the decision he rest on this particular decision, i.e., on the individual has to arrive at within the next two days if he whom he chooses to be his running mate. In a way that has not reached it already. It is a decision of vital is unprecedented in recent years, the eyes of the nation significance, not only for the prospective Presidential are focused on the Democratic selection for the Vice nominee and for the Democratic Party but, more to the Presidency; rarely if ever in this century has the country point, for the American people. It is the selection of the been so conscious of the importance of the choice. And Democrat best qualified for the Vice Presidency of the the choice will be Governor Carter's, his alone to make; United States. the responsibility rests on him and on him alone. The traditional method employed by both parties in The seven members of Congress Mr. Carter named choosing their Vice-Presidential nominee has little to as the group from whom he would make his selec- recommend it; and the results have often proved the tion include at least three Senators clearly qualified point. The potential (and, in too many cases in recent for the Vice-Presidential office on grounds of experience, years, the actual) successor to the Presidency has nor- ability and character, and also because they represent mally been appointed by the successful Presidential the philosophy of Democratic liberalism in foreign as candidate, and anointed by the party convention-with well as domestic policy, to which, we believe, Governor thought only for- real or imagined political advantage, Carter basically adheres. and with virtually no thought of the standards requisite In this group are Senator Muskie, Senator Mondale for holding the world's most important public office. and Senator Church: in it might well have been included As we noted last week, and many times in the past, Representative Udall, Mr. Carter's closest rival for the some better method must be devised. But until it is, the nomination, whose name was regrettably omitted by procedure now being followed by Governor Carter, who the victor from those under consideration. has had the unusual advantage of time to give this It is natural for Governor Carter to wish to have a matter the attention it deserves, is probably the best Vice President entirely compatible with his own views that could be worked out. and one with whom he will be "comfortable"; but at the same time he needs to pick as running mate a man of His specific choice, however, has not yet been named; outstanding and proven quality, and one in line with and Mr. Carter must realize that a good deal of his the liberal traditions of the mainstream of his party. SEE New York Times (7/13)