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[Correspondence - Miscellaneous (04/11/1983-05/20/1983)]
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118567896
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[Correspondence - Miscellaneous (04/11/1983-05/20/1983)]
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: [Correspondence - Miscellaneous
(04/11/1983-05/20/1983)]
Box: 12
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name ROBERTS, JOHN: FILES
Withdrawer
IGP
8/4/2005
File Folder
[CORRESPONDENCE - MISCELLANEOUS (04/11/1983 -
FOIA
05/20/1983)]
F05-139/01
Box Number
COOK
21RW
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1
LETTER
FROM ROBERT L. SMITH TO EDWIN
2
ND
B6
513
MEESE, III, RE. NAT. INST. OF
CORRECTIONS AND OFF. OF JUVENILE
JUST. AND DELINQUENCY PREV. Released in
part 4/21/06
Freedom of Information Act [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
JON
they
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 11, 1983
FOR:
FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Correspondence from Ray Minter
Michael Deaver has asked for a response to a note from Ray
E. Minter of Grand Prairie, Texas. According to a letter
from the President to Minter, Deaver passed along a framed
print from Minter to the President earlier this year.
Minter has now sent a copy of the note to Deaver, advising
him that he is "trying to make a buck, like you guys," and
listing his prices for quantity orders for similar artwork
to be placed in every Federal building. Minter also enclosed
seven postcard-sized western prints, noting "Nancy might
like to have these framed
"
I have drafted a brief reply for your signature, advising
Minter that the White House is not in a position to consider
his business proposal, and returning the postcards. I have
also drafted a memorandum to Deaver advising him of this
disposition.
Attachments
THE WHITE HOUSE
WASHINGTON
April 12, 1983
Dear Mr. Minter:
Michael Deaver has forwarded your note of March 21 to me for
appropriate handling. That note contained a price list for
orders to place art work in Federal buildings.
While we always appreciate hearing from one who has been
with us in our support of the President for many years,
please be advised that no one in the White House would be in
a position to consider your business proposal or otherwise
be party to a proposal that could be (even unfairly)
characterized as an attempt to exploit such loyalty.
We trust you will understand.
I am returning to you the seven prints submitted with your
price list.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Mr. Ray E. Minter
Post OFfice Box 2794
Grand Prairie, Texas 75051
FFF:JGR:ph 4/12/83
CC: FFFielding
JGRoberts
Subject
Chron.
THE WHITE HOUSE
WASHINGTON
April 12, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
DEPUTY CHIEF OF STAFF
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Ray Minter
I attach for your information a copy of my proposed reply to
the correspondence you recently received from Ray Minter.
If you agree, please have your secretary send my original,
with copies back to my office.
If this person is a personal acquaintance, I obviously will
tone down the response to an otherwise very offensive note.
I await your advice.
Attachment
FFF: JGR:ph 4/12/83
CC: FFFielding
JGRoberts
Subject
Chron.
THE WHITE HOUSE
WASHINGTON
April 11, 1983
Dear Mr. Minter:
Michael Deaver has forwarded your note of March 21 to me for
appropriate handling. That note contained a price list for
orders to place art work in Federal buildings. Please be
advised that no one in the White House is in a position to
consider your business proposal.
I am returning to you the seven prints submitted with your
price list.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Ray E. Minter
Post OFfice Box 2794
Grand Prairie, Texas 75051
THE WHITE HOUSE
WASHINGTON
April 11, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
DEPUTY CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Ray Minter
I attach for your information a copy of my reply to the
correspondence you recently received from Ray Minter.
Attachment
134671
ID #
CU
JV
WHITE HOUSE
PRO14.10
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H - INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Michael K. Deaver/Ray Minter
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Correspondence regarding print of "My
Eagle" in every federal building
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHalland
ORIGINATOR 83,03,28
/
/
Referral Note:
WAT18
$ 83,03,03
583,04,06
Referral Note:
/
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I + Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B : Non-Special Referral
Si Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
MICHAEL
1AM TRULY DELIGHTED WITH YOUR EFFORT TO BRING "MY EAGLE"
TO RR/ BUT IAM TRYING TO MAKE A BUCK, LIKE YOU GUYS.
IAM LOOKING , AT THIS TIME, FOR AN ORDER_
IN A QUANTITY TO PUT THE EAGLE IN EVERY
FEDERAL BUILDING.
134671W
COST TO OUR GOVERNMENT
PRINT/WITH CAPTION/ FRAMED LIKE SENT YOU
$ 10.00
#
"
"
WOOD FRAME REG. GLASS
8.00
"
11
77
"
FRAME ,NO GLASS
6.00
"
"
"
ON MAT ONLY
4.00
"
n
"
ON COATED PAPER 8"x10"
2.00
"
"
" (IN JAPANESE ) ON RICE PAPER
1.00
"
WITHOUT CAPTION, IF THE JEWS DO IT
DISCOUNTED
perponse.
IAM SERIOUS, I'VE TRIED
To HELP R.R. SINCE '65
THE WHITE HOUSE
IN CALIFORNIA.
WASHINGTON
RAY
February 28, 1983
Dear Mr. Minter:
Michael Deaver has passed along the framed
color print of an American eagle along with
your thoughtful letter. I am pleased by your
interest in sharing your inspirational art-
work with me, and the caption "America is on
the rise " is certainly appreciated. It
is always a source of encouragement to hear
from public-spirited citizens like you who
are so actively concerned about the welfare
of our nation.
With my best wishes,
Sincerely,
Ronald Reagan
Mr. Ray E. Minter
Post Office Box 2794
Grand Prairie, Texas 75051
misc
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 15, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Inquiry From R. Gamble Baldwin on Procedures
for Implementation of an Oil Tariff
R. Gamble Baldwin, Vice President of Equity Research for the
First Boston Corporation, has written inquiring about the
procedures to be followed should the Administration decide
to sponsor or implement an oil tariff. Baldwin notes that
President Nixon did this without need for Congressional
approval in 1973, but President Carter's similar effort in
1980 was rebuffed by Congress. Baldwin predicts natural gas
and oil developments for First Boston.
When President Nixon imposed an oil tariff on April 18,
1973, Proclamation 3279, the pertinent statutory authority
-- 19 U.S.C. § 1862 -- did not contain a legislative disap-
proval provision. When Congress passed the windfall profits
tax in 1980, Pub. Law No. 96-223, it added subsection (e) to
19 U.S.C. § 1862. This subsection provides that Presidential
action to impose an oil tariff shall cease to be effective
upon passage of a joint resolution, subject to a veto.
(There are no legislative veto problems with this
procedure.) President Carter imposed an oil tariff on April
2, 1980, Proclamation 4744, but Congress exercised its new
authority under 19 U.S.C. § 1862 (e) and repealed the tariff,
Pub. Law No. 96-264.
Obviously, we should not give an advisory opinion to a
private consultant on procedures the President might follow
in imposing an oil tariff, although I see no reason to
suppose they would be any different than those followed in
Proclamations 3279 and 4744. My draft letter to Baldwin
notes that we cannot give him an advisory opinion of any
sort, but also sketches the purely historical basis for the
difference he perceived in the Nixon and Carter actions.
Attachment
THE WHITE HOUSE
WASHINGTON
April 15, 1983
Dear Mr. Baldwin:
Thank you for your letter of March 30, 1983, requesting
information on procedures to be followed in the event of a
decision to impose an oil tariff. In your letter you noted
that President Nixon imposed such a tariff in 1973 without
need for Congressional approval, but President Carter's
effort in 1980 to impose a tariff was rejected by Congress.
I am sorry that I cannot respond to your inquiry. It would
be inappropriate for me to provide advice for use in private
commercial analyses concerning procedures which might be
followed by the President with respect to hypothetical
events or decisions. I am certain you will understand why
this is SO. If you need specific guidance of the sort
requested in your letter, I can only recommend that you
present your inquiry to private counsel for examination of
the pertinent authorities and precedents.
I can, however, explain the difference you discerned in
President Nixon's imposition of an oil tariff in 1973 and
President Carter's attempt in 1980. In 1980 Congress
enacted what is now 19 U.S.C. § 1862 (e), which provides that
Congress may pass a joint resolution disapproving Presidential
action under 19 U.S.C. § 1862 (b) to adjust imports of
petroleum or petroleum products.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Mr. R. Gamble Baldwin
Vice President, Equity Research
The First Boston Corporation
Park Avenue Plaza
New York, New York 10055
FFF:JGR:aw 4/15/83
CC: FFFielding/JGRoberts/Subj./Chron
THE WHITE HOUSE
WASHINGTON
April 15, 1983
Dear Mr. Baldwin:
Thank you for your letter of March 30, 1983, requesting
information on procedures to be followed in the event of a
decision to impose an oil tariff. In your letter you noted
that President Nixon imposed such a tariff in 1973 without
need for Congressional approval, but President Carter's
effort in 1980 to impose a tariff was rejected by Congress.
I am sorry that I cannot respond to your inquiry. It would
be inappropriate for me to provide advice for use in private
commercial analyses concerning procedures which might be
followed by the President with respect to hypothetical
events or decisions. I am certain you will understand why
this is SO. If you need specific guidance of the sort
requested in your letter, I can only recommend that you
present your inquiry to private counsel for examination of
the pertinent authorities and precedents.
I can, however, explain the difference you discerned in
President Nixon's imposition of an oil tariff in 1973 and
President Carter's attempt in 1980. In 1980 Congress
enacted what is now 19 U.S.C. § 1862(e), which provides that
Congress may pass a joint resolution disapproving Presidential
action under 19 U.S.C. § 1862(b) to adjust imports of
petroleum or petroleum products.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. R. Gamble Baldwin
Vice President, Equity Research
The First Boston Corporation
Park Avenue Plaza
New York, New York 10055
FFF:JGR:aw 4/15/83
CC: FFFielding/JGRoberts/Subj./Chron
ID #.
135106 CU
TAD04-11
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
the John
o OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: R. gamble Baldwin
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Requests information on what procedures Reagan
would pollow should the administration decide to
sponsor an oil tasiff.
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
12
WHolland
ORIGINATOR DD 83,04,04
/ /
Referral Note:
WAT18
I 83,04,04
5 83,04,14
Referral Note:
/ /
/ /
Referral Note:
/ /
/ /
I
Referral Note:
/ /
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X - Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
The First Boston Corporation
Park Avenue Plaza
New York, New York 10055
Telephone: 212/909-2000
new
E
First Boston
March 30, 1983
Fred F. Fielding, Esq.
135106
Counsel to the President
The White House
Washington, D.C. 20500
Dear Mr. Fielding:
As a specialist in the fields of natural gas and oilfield services,
I am responsible at the First Boston Corporation for predicting the evolution of
their related activities. One of the key variables in such forecasting is energy
taxation change. A recent publication, Declining U.S. Gas Demand, is enclosed as
a sample of my work.
If memory serves, in April 1973, President Nixon exercised powers to
impose a tariff on crude oil imports, I believe, without need for Congressional
approval. On the other hand, President Carter's 1980 attempt to assess duty on
crude imports met with Congressional rebuff. It would be of great value to me
to know what procedures must be followed by President Reagan, should the
Administration decide to sponsor (or implement directly, if this is feasible)
an oil tariff. The identification of the legal bases for such procedures would
also be helpful.
With thanks for any assistance that you can give me, I am
Yours truly
R. Gamble Baldwin
RGB:dl
Vice President
Enc.
Equity Research
CC: H.P. Goldfield, Esq.
FIRST
BOSTON
RESEARCH
Industry:
Special Report
Natural Gas Transmission
February 24. 1983
GT 0317.83
Declining U.S. Gas Demand
Threatens Regulatory Intervention,
Pipeline and Producer Earnings, and
Oilfield Services Recovery
R. Gamble Baldwin
(212) 909-3128
Robert L. Christensen, Jr.
(212) 909-3137
WE TIRST BOSTON
THE CORPORATION
THE WHITE HOUSE
WASHINGTON
April 18, 1983
Dear Sue:
Thank you for your letter requesting that the President and
Mrs. Reagan contribute an item to be auctioned at the fund-
raiser the Washington Opera Auction Committee plans to hold
this November at the Kennedy Center.
Though I am sorry to do so, I really think we have to decline
this request. Because of the number of requests of this sort
that the President receives, all of which obviously could not
be honored, it was decided early in the Administration that we
would try to adhere to a strict policy of not contributing
Presidential memorabilia and the like to charitable and other
auctions for worthy causes. The exceptions have been very
rare, involving only those few instances in which, for one
reason or another, the President or Mrs. Reagan have a special
interest in a particular charity or the like in which they can
personally be involved.
If it is any comfort, you are among a very distinguished group
of individuals to whom similar regrets have been expressed.
While I know you will be disappointed at this response, I hope
you can understand the reasons we must adhere to the policy
described above, in fairness to all who seek the President's
participation.
With best personal regards,
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Ms. Suzanne Kinser
2533 Waterside Drive, N.W.
Washington, D.C. 20008
FFF: PJR 4/18/83
CC: FFFielding
PJRusthoven
Subject
Chron.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS ask
SUBJECT:
Letter Recommending Terry Calvani
for Appointment to the FTC
James F. Rill of Collier, Shannon, Rill & Scott has written
to recommend Professor Terry Calvani of Vanderbilt for
appointment to the FTC. I have drafted a reply thanking
Rill for his views and advising him that you have forwarded
his testimonial to Presidential Personnel. A memorandum to
Helene von Damm and John Herrington transmitting the letter
is also attached.
Attachments
THE WHITE HOUSE
WASHINGTON
May 5, 1983
Dear Mr. Rill:
Thank you for your letter of April 26, 1983, recommending
Professor Terry Calvani of Vanderbilt University for appoint-
ment to the Federal Trade Commission. I have taken the
liberty of forwarding your letter to the Office of Presiden-
tial Personnel, so that your views may be given every
appropriate consideration throughout the process of selecting
the nominee for the position in question.
Professor Calvani must be truly outstanding to merit your
enthusiastic endorsement, and we are grateful for the
benefit of your views.
Sincerely,
Fred F. Fielding
Counsel to the President
James F. Rill, Esq.
Collier, Shannon, Rill & Scott
1055 Thomas Jefferson Street, NW
Washington, D.C. 20007
FFF: JGR:aw 5/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 5, 1983
MEMORANDUM FOR HELENE VON DAMM
JOHN HERRINGTON
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Terry Calvani
The attached letter is forwarded for whatever consideration
may be appropriate.
Attachment
FFF:JGR:aw 5/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
ID #. 135316 CU
WHITE HOUSE
Roberts FG145
CORRESPONDENCE TRACKING WORKSHEET
O . OUTGOING
H INTERNAL
I INCOMING
Received Date Correspondence (YY/MM/DD) 83,04,27
Name of Correspondent:
Rill, James F.
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Life. endorsing Jerry Calvani for appt. to
Ledual Irade Commission
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CU HOLLAND
ORIGINATOR
83,04,28
/
/
Referral Note:
Cu AT18
D 83,04,28
5 63,05,07
Referral Note:
/
/
/
/
I
Referral Note:
/
/
/
/
I
Referral Note:
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ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Collier, Shannon, Rill 2 Scott
135316
Attorneys-at-Law
Robert A. Collier
1055 Thomas Jefferson Street, N. W.
Joan L. Goldfrank
Thomas F. Shannon
Cynthia A. Nebergall
James F. Rill
John B. Williams
William W. Scott
Washington, D. C. 20007
Paul C. Rosenthal
David A. Hartquist
Jeffrey W. King
Richard E. Schwartz
Ralph A. Mittelberger
Richard S. Silverman
Telephone: (202) 342-8400
Julie M. Saulnier
R. Timothy Columbus
Writer's Direct Dial Number
Thomas J. Hamilton
Lauren R. Howard
Jeffrey L. Leiter
Paul D. Cullen
Alan M. Dunn
Kathleen E. McDermott
342-8430
Robert L. Meuser
Michael D. Sherman
Thomas A. Hart, Jr.
R. Sarah Compton
Michael R. Kershow
Steven Schaars
David L. Dick
Mark L. Austrian
Michele A. Giusiana
Norman G. Knopf
April 26, 1983
David P. Hackett
Judith L. Oldham
Jeanne M. Forch
Laurence J. Lasoff
Walter Flowers
William F. Fox, Jr.
Christopher J. MacAvoy
Donald J. Patterson
William D. Appler
Don Bailey
Of Counsel
Fred F. Fielding, Esquire
Counsel to the President
The White House
Washington, D.C. 20500
Dear Mr. Fielding:
I understand that Professor Terry Calvani of Vander-
bilt University is under active consideration for appointment
as a member of the Federal Trade Commission. I have worked
closely with Professor Calvani on a number of professional
matters over the past ten years and unqualifiedly recommend
that he be appointed to the Commission.
Professor Calvani has been extremely active in the
Antitrust Section of the American Bar Association, holding
various positions in the Section. Currently, he is Chairman
of the Robinson-Patman Act Committee, having succeeded me
in that office. He authored numerous papers not only in the
area of price discrimination law and enforcement, but also
in the fields of predatory pricing, conspiracy and antitrust
sanctions. I am very familiar with these papers, and discussed
some of them with Professor Calvani while they were in pre-
paration. They are of the highest professional caliber and
exhibit rare insight and balance. Professor Calvani is one
of the truly outstanding antitrust professors in the nation
today.
Although he has a predominantly academic background,
Terry Calvani has also been actively engaged in the practice
of law. He is currently handling a number of antitrust mat-
ters with the Birmingham, Alabama, firm of North, Haskell,
Collier, Shannon, Rill 2 Scott
Fred F. Fielding, Esquire
April 26, 1983
Page Two
Slaughter, Young & Lewis. Prior to teaching law, he was
associated with Pillsbury, Madison & Sutro in San Francisco.
Accordingly, Professor Calvani would bring to the Commission
a unique and needed perspective of one who is both a teacher
and a practitioner in the antitrust field with trial and
counseling experience.
Professor Calvani is extremely well liked by the
members of the Antitrust Section with whom he has worked and
is very well received in other professional contexts with
which I am familiar. I have no doubt that his geniality and
interest in others, as well as his legal accomplishments,
would make him an effective force as one of the leaders of the
Federal Trade Commission. The Commission would be well
served if this appointment were made.
I would be pleased to answer any questions you
might have regarding any of the foregoing.
Sincerely
JAMES F. RILL
THE WHITE HOUSE
WASHINGTON
May 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
are
SUBJECT:
Self-Styled Petition for Redress
of Grievances from John F. England
John F. England was advised by the Commissioner of Social
Security that he could not withdraw from the Social Security
program and cancel the use of his Social Security number.
In response England has submitted a petition for redress of
grievances under the First Amendment, apparently alleging
that he cannot be forced to participate in the Social
Security program.
I do not recommend any response. Commissioner Svahn's
earlier response adequately answered England's contentions.
England has sent his grievance to the Commissioner's office
as well as to the President, and we should leave it to that
office to deal with him.
ID #
135296 CU
WHITE HOUSE
I2002
CORRESPONDENCE TRACKING WORKSHEET
O . OUTGOING
H * INTERNAL
That
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: John F, England
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Petition for redress 7 grierances under
first amendment and administrative objection
and demand under Title 5 USC 101-559,701-706
(John, F. England V. Pres of the U.S., et.al.)
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
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Date
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(Staff Name)
Code
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Response
Code
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CUHOLLand
ORIGINATOR DD $3,04,25
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Referral Note:
WAT18
x
53,04,25
S 83105.04
Referral Note:
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Referral Note:
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ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B
Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
IN THE UNITED STATES FEDERAL GOVERNMENTAL AGENCIES
AT THE ADMINISTRATIVE "QUASI-JUDICIAL" LEVEL
Legal document
135296
(for me and mine)
)
PETITION FOR REDRESS OF GRIEVANCES
CADDO PEAK #44
)
UNDER FIRST AMENDMENT
JOSHUA, TEXAS 76058
)
and
)
ADMINSTRATIVE OBJECTION AND DEMAND
PETITIONER, DEMANDANT
)
UNDER TITLE 5 USC 101-559, 701-706
V.
)
)
Objection to response from the offi
THE UNITED STATES FEDERAL GOVERNMENTAL
)
of the Commissioner of Social Secur
AGENCIES, ET AL.
)
which does not materially and subst
and
)
tively plead and prove jurisdiction
PRESIDENT OF THE UNITED STATES
)
but instead by its assumptive, ambi
and
)
uous term seeks to implant a suppos
ATTORNEY GENERAL OF THE U.S.A.
)
jurisdiction, not proven to exist a
and
)
SECRETARY OF TREASURY OF THE U.S.A.
applied to a Freeman (me) and to Fr
)
man property and endeavors (mine) a
and
)
Freeman family unit (mine).
COMMISSIONER OF SOCIAL SECURITY, U.S.A.
)
c/o ATTORNEY GENERAL OF THE U.S.A
WASHINGTON, D.C.
)
(Exhibit G-10 to My ALB P-403-952-7.
RESPONDENT
)
)
INTRODUCTION
1. Please note that this is a statutory and FIRST AMENDMENT attack against
your claimed or asserted or supposed jurisdiction as affects my RIGHTS, IM-
MUNITIES, PERSON, PROPERTY, ENDEAVORS and INTERESTS at the "primary" level
under Title 5 US Code (see My Administrative Complaint, Objection and De-
mand, Docket Number P-403-952-752 for Law express and implied and Facts ma-
terially and substantively pleaded and proven). The "burden of going for-
ward" is on you, see MY Administrative Law Brief (supra), paying particular
attention to My Appendix 7 to said ALB.
OBJECTION
2. I hereby formally Object to the response from The Commissioner of Social
Security by the letter (attached as Exhibit 1), dated DEC 16,1982, signed b
John A. Svahn, which refers to My Exhibits C and D to My ALB (supra) as an
inquiry. Said letter is neather clear, substantive, nor material in respons
to my clear, substantive, and material pleadings and proof and At Law Deman
of said exhibits. I have properly At Law pleaded and proved (see My ALB, su
ra) that I AM NOT an "employee" or in any way knowingly privileged by/enfra
chised to the state/governmental agencies. I have proven (see My ALB, supra
that by definition within the codes/regulations, ONLY "corporate" individ-
uals/entities, governmental officers and employees, individuals/entities
working under state/governmental agencies created license, charters, and et
granting privileged protection and restrictive competition, and individuals
entities receiving state/governmental agency created privilege of gifts (i.
doletakers, welfair recipients, etc.), must file a return, pay an excise (i
direct) tax on privilege (only) and perform under attaching jurisdiction
(rules, codes, etc.). I am an American Freeman, not so privileged or enfran
ised, and any application of Federal Income Tax and Social Security Tax imp
on an American Freeman could ONLY BE DEFINED as a "direct tax" contrary to
present, past and future American Law (see Apendix 2 to My ALB, supra).
I AM NOT an officer or employee of a governmental agency working in a
governmental agency created job, an officer of 2 corporation working in gov
nmental agency created job, an individual working in a job protected/restrict
from competition by privilege of a governmental agency license, charter, etc.
nor a knowing taker of privilege/gift/dole; therefore I AM IMMUNE to the said
jurisdiction, taxes, and attaching rules, codes, and regulations.
3. I have in no way knowingly sought, agreed, contracted, or acquiesced to
become such a said defined "employee", in such said "employment", in any such
said "job or self-employment that is covered by Social Security", work under
jurisdiction of IR Code/26 UCS, under mandatory "coverage under the Social
Security Act and Federal Insurance Contributions Act", nor AM I NOW ever int-
end to become a ward of the state/governmenatal agency. If, to the contrary
I were any of said defined individuals an Income Tax/Social Security Tax im-
posed as an "indirect tax on the privilege granted by state/governmental agen
only" would be lawful, however, I have clearly, positively, substantively and
materially pleaded and proved that I AM NOT such an individual (see Exhibits
A, B, B-Part 2, C, D, and E/F to MY ALB, supra) and am not under said juris-
diction (see Appendices 2 and 7 to MY ALB, supra) and I OBJECT TO ALL ACTS by
governmental agencies/officers/agents/"employees' to impose said jurisdiction
by intimidation/force/harassment/failure to present and prove jurisdictional
facts and/or facts of Law, and/or other facts, and any other method. I OBJECT
TO THE NEGLECT/REFUSAL/FAILURE of the governmental agency/agencies to comply
with the LAW, 5 USC, The Constitution and other US Law, as express and implie
and properly pleaded and proven in MY ALB, supra. I FURTHER OBJECT TO THE NEG
LECT/REFUSAL/FAILURE of said agency/agencies to cease and desist from efforts
to intimidate/harass/force me to comply with jurisdiction foreign to MY Amer-
ican Freeman status, and the NEGLECT/REFUSAL/FAILURE of the said agency/agen-
cies to return to me my property (portion of my paycheck withheld as said tax
es caused by agency administrative directive which is UNlawful when applied
to a Freeman, Me).
PITITION AND DEMAND
4. I hereby Petition under the First Amendment For Redress Of Grievances, th
Said Objections. I Demand that each of you, as head of an administrative ager
strictly comply with the Law (supra) and issue an Administrative Order to im-
mediately cease ALL objectioned to "legal wrongs" and return to me all erron-
eously, illegally collected property (taxes), and asertain that the agency y
head, does immediately cease all HARASSMENT/INTIMIDATION procedures against I
and mine, with a copy of said Administrative Order to me as aproper response
I Demand you accomplish your duty "see that the LAWS be faithfully executed"
under your required "oath of affirmation of office" and that you clarify "du
process of law" as defined by the Supreme Court (see page nine (9) of Append
3 to My ALB, supra).
VERIFICATION OF SERVICE
This is verification that on this 15 day of March, 1983, I have mailed
the original of this Instrument to the Attorney General of the United States
by Certified Mail Number P-403-952-757, and a copy Certified Mail to the fol
lowing on the next page:
Page 2 of 3
PRESIDENT, US of A
C.M.# P-403-952-758
SECRETARY of TREASURY, USA
C.M.# P-403-952-759
COMMISSIONER of Social Security C.M.# P-403-952-803
JOHN mine)
John F. ENGLAND S.Exgland (for me and
WITNESSES TO SIGNATURE
Land Black
Date: 3/16/83
Date: 3-16-83
Subscribed and affirmed to before me, A Notary Public in and for
the County of Dollar
and State of Texas
-
This 16 day of march
, 1983 .
MY COMMISSION EXPIRES ON: 9-23-83
.
Durelle PUBLIC Langley
(SEAL)
.
NOTARY
Page 3 of 3
THE COMMISSIONER OF SOCIAL SECURITY
BALTIMORE MARYLAND 21235
STATEMENT
DEC 16 1932
Refer to:
SEP12
EXHIBIT 1 (Exhibit G-7 to ALB P-403-
952-752)
Mr. John F. England
Number 44
Caddo Peak
Joshua, Texas 76058
Dear Mr. England:
I am responding to your inquiry of November 9, 1982 concerning
your desire to withdraw from the Social Security program and
remove the use of your Social Security number.
Under the law, a person may not nullify his Social Security
number. Nor may a person mandatorily covered under Social
Security voluntarily withdraw from the program. The
provisions requiring compulsory participation in Social
Security are sections 209 and 210 of the Social Security Act
and sections 3101 and 3121 of the Federal Insurance
Contributions Act, a part of the Internal Revenue Code.
The only circumstances under which Social Security taxes can
be refunded are when taxes in excess of the maximum were paid
or where taxes were paid in error. These taxes can be
refunded by filing an amended Federal income tax return for
the year in question.
The Internal Revenue Code (26 U.S.C. 6109 (a) (1)) and
applicable regulations (26 CFR 301.6109-1 (d)) require an
individual to get and use a Social Security number on his or
her tax document. There are penalties for failure to do SO.
(See 26 U.S.C. 6676 (a) and 26 CFR 301.6676-1.) The Social
Security number is assigned on the basis of a valid
application and any earnings covered under Social Security are
credited to it. Any use of the Social Security number beyond
the usage described above is a personal decision.
The law does require payment of Social Security taxes any time
a person works in a job or self-employment that is covered by
Social Security. A decision not to use a Social Security
number in no way exempts a worker from coverage under the
Social Security Act and the Federal Insurance Contributions
Act. Employers are required by law to collect the taxes on
earnings covered under Social Security and to report those
earnings to the Social Security Administration and the
Internal Revenue Service.
EXHIBIT 1
2
In the past, proposals to allow voluntary participation have
been considered by Congress. However, it has always concluded
that voluntary Social Security coverage was undesirable. If
the law were changed to allow voluntary participation,
coverage would probably be greatest among workers who are
higher risks. Also, many workers who really need protection
would choose not to pay Social Security taxes because of
pressing day-to-day needs.
Ph John A. Svahn
Sincerely,
DEPARTMENT OF
HEALTH & HUMAN SERVICES
Social Security Administration
Office of the Commissioner
U.S.MAIL
R
Baltimore, MD 21235
Postage and Foes Paid
Official Business
U.S. Department of H.H.S.
Penalty for Private Use, $300
HHS-397
EXHIBIT 1
20
CORRESON
Misc
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Meese Request for Draft Response to
Letter Concerning Al Regnery and OJJDP
Mr. Meese has requested a draft response to a letter sent
him by Robert L. Smith, a recently retired deputy director
of the National Institute of Corrections (NIC) and purported-
ly an acquaintance of Mr. Meese's from Alameda County. In
his letter Mr. Smith sings the praises of NIC and registers
has disappointment at the nomination of Regnery for OJJDP.
Smith writes that it annoys him as a Californian to have the
Administration embarrassed by inexperience, and sniffily
remarks that the Administration has enough important issues
to deal with "without some obscure attorney out of the
mid-west creating more."
There really is not much for Mr. Meese to say in response
other than thanking Smith for his contribution to and views
on NIC, and expressing his confidence in Regnery for OJJDP.
Attachments
THE WHITE HOUSE
WASHINGTON
May 5, 1983
MEMORANDUM FOR EDWIN MEESE III
COUNSELLOR TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Robert L. Smith
A draft response to the letter sent you by Robert L. Smith
is attached for your review and signature.
Attachment
FFF:JGR:aw 5/5/83
CC: FFFielding
/JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 5, 1983
MEMORANDUM FOR EDWIN MEESE III
COUNSELLOR TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Robert L. Smith
A draft response to the letter sent you by Robert L. Smith
is attached for your review and signature.
Attachment
FFF:JGR:aw 5/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 5, 1983
Dear Bob:
Thank you for your recent letter concerning the National
Institute of Corrections and our nominee to head the Office
of Juvenile Justice and Delinquency Prevention. I appreciate
having the benefit of your views on the National Institute
of Corrections. Since those views are based on your three
decades of work in the field, they merit and you may rest
assured they will receive careful consideration.
With respect to our nominee to head the Office of Juvenile
Justice and Delinquency Prevention, all I can say is that we
believe him to be fully qualified for the post. I am
confident that his performance as director will dispel the
concerns you have expressed.
Thank you again for taking the time to share your views with
us.
Sincerely,
Edwin Meese III
Counsellor to the President
Mr. Robert L. Smith
2007 O Street, NW
Apt. 501
Washington, D.C. 20036
APR 27
3808
DG
ID #
WHITE HOUSE
FG017-06
COUNSELLOR'S OFFICE TRACKING WORKSHEET
o - OUTGOING
Roberts
H a INTERNAL
I - INCOMING
Received (YY/MM/DD) 83104 121
Date Correspondence
Name of Correspondent:
Robert L. Smith
CN Mail Report
User Codes: (A)
(B)
(C)
Subject: Writer comments on the national Institute
of Corrections and the Office of Juvenile
justice and Delinquency Presention
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CNHAMM
WS
0
830422
/
/
Referral Note:
CUFIEL
D
83104126011
/
/
Referral Note:
CUATIB
for 83,04,28 signature of Ed 5 83,05,07 meese
We
Referral Note:
/
/
/
/
,
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
1. Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D - Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date - Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
11/81
3808r
Apt. 501
2007 "0" Street, N.W.
Washington, D.C.
20036
(202) 223-0990
Mr. Edwin Meese, III
Counselor to the President
The White House
Washington, D.C.
20500
Dear Mr. Meese:
We know each other from the Alameda County Coordinating Council
days in Oakland and later in Sacramento where I worked as
Allen Breed's Deputy Director of Prevention and Community
Corrections in the Youth Authority. Until October of 1982
I was the Deputy Director of the National Institute of Corrections
here in Washington.
Since I am concluding 30 plus years of work in corrections and
juvenile justice and will be returning to California in May of
this year I wanted to share a couple of gratuitous comments; one
positive, and one less SO. The first is about the National Insti-
tute and the second about the Office of Juvenile Justice and
Delinquency Prevention.
Having come out of county and state service in California, I was
and continue to be, appalled by the level of service offered by
most Federal agencies. The National Instite has been a rare and
pleasing exception to this generalization. The comments about
the Institute are not offered in some act of self appreciation
since much of what the Institute represents preceded both Allen's
and my arrival on the scene here in Washington. But, it does
represent a unique example of what an operating agency and program
can be even in the Federal structure. Involving informed bureaucrats
and citizens in a genuine advisory and policy role, the Institute
has developed a series of programs that truly serve its constituents
and do so with a modest budget. Staff are, for the most part,
service oriented and not simply "money pushers" or rule enforcers.
The small staff and budget obviously have helped protect. the
Institute from the fate of other grant in aid or formula grant
agencies. NIC staff must do for themselves what others hire
consultants to do. We expect competence and technical skill,
not just general knowledge of some law or procedures. These
characteristics have resulted in the very favorable reputation the
agency enjoys with Congress and the people it serves.
196
136
If handled subtly the new Administrator of OJJDP can turn things
around for the Administration without the nonsense that is currently
going on. With only a little imagination, alternative legislation
and program services could be advanced that turn the current
liability into an advantage. It annoys me, as a Californian,
that the Administration must be embarrased by inexperience. You
have enough important issues to deal with
Tell him to get ahold
of Allen for a private chat about the operations of NIC.
Since I appreciate your very busy schedule, I do not expect a reply.
Comes May my wife and I will return to Berkeley where I will
establish a new career, hopefully something different from what I
have been doing since we both started work back in Alameda
County.
Good luck to you and the Administration with the important issues.
Sincerely,
Beb
Robert L. Smith