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Chron File (10/25/1983-10/31/1983)
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135839830
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Chron File (10/25/1983-10/31/1983)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Chronological 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: Chron File (10/25/1983-10/31/1983)
Box: 62
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
Withdrawer
IGP
8/30/2005
File Folder
CHRON FILE (10/25/1983 - 10/31/1983)
FOIA
F05-139/01
Box Number
COOK
37IGP
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1 MEMO
ROBERTS TO FRED FIELDING (PARTIAL)
1 10/25/1983 B6
1254
2 LETTER
FIELDING TO K. WILLIAM O'CONNOR
1 10/25/1983 B6
1255
(PARTIAL)
3 MEMO
ROBERTS TO FIELDING RE
1 10/25/1983 B6
610
CORRESPONDENCE FROM SPENCER
HICKMAN (PARTIAL)
4 MEMO
ROBERTS TO FIELDING RE USE OF AIR
: 2 10/25/1983 B6
611
TRAVEL CLUB AWARDS
5 MEMO
ROBERTS TO HOLLAND RE
1 10/27/1983 B6
612
PRESIDENT'S ADVISORY COMMITTEE
ON WOMEN'S BUSINESS OWNERSHIP
(PARTIAL)
6 MEMO
ROBERTS TO HAUSER RE SETTLEMENT
1 10/28/1983 B6
613
OF CIVIL SUIT (PARTIAL)
COPY Reagan Presidential Record
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.
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Statement of Lowell Jensen Regarding
Inspector General Act - H.R. 3625 on
October 26, 1983
Lowell Jensen proposes to deliver the attached testimony
tomorrow before the Subcommittee on Legislation and National
Security of the House Government Operations Committee. The
testimony reiterates the Justice Department's traditional
opposition to proposals to extend the Inspector General Act
of 1978 to the Justice Department. Jensen's proposed
testimony stresses the existence of the Office of
Professional Responsibility, which handles the functions
that would be delegated to an Inspector General, and notes
that an Inspector General at the Justice Department would be
inconsistent with the Attorney General's paramount
responsibility for law enforcement. The testimony concludes
by referring to the Administration proposal submitted in the
last Congress to establish an Inspector General at the
Departments of Justice and Treasury, with more limited
responsibilities and powers than the typical Inspector
General. I have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Statement of Lowell Jensen Regarding
Inspector General Act - H.R. 3625 on
October 26, 1983
Counsel's Office has reviewed the above-referenced
statement, and finds no objection to it from a legal
perspective.
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR JAMES A. BAKER III
ASSISTANT TO THE PRESIDENT
CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Access Charges to be Imposed by the FCC
(Docket No. 78-72)
Attached is a copy of our response to the letter sent to you
by GTE Corporation Chairman Theodore F. Brophy, concerning
access charges proposed by the FCC in Docket No. 78-72.
Attachment
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
Dear Mr. Brophy:
Thank you for your letter of October 4 to James A. Baker
III. You enclosed with that letter a copy of a letter to
Federal Communications Commission Chairman Mark S. Fowler,
concerning proposed access charges in FCC Docket No. 78-72.
Please be assured that your views will receive careful
consideration by the appropriate officials in the executive
branch. In this regard we note that copies of the letter to
Chairman Fowler have been sent to officials in the
Department of Justice.
Thank you for sharing your views with us.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Theodore F. Brophy
Chairman of the Board
GTE Corporation
One Stamford Forum
Stamford, CT 06904
bcc: James A. Baker III
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DOR
SUBJECT:
Access Charges to be Imposed by the FCC
(Docket No. 78-72)
Theodore F. Brophy, Chairman of the Board of GTE
Corporation, has written Mr. Baker to object to the proposed
access charges to be imposed by the Federal Communications
Commission on AT&T's long-distance competitors. Brophy
attached a copy of a letter to FCC Chairman Fowler from the
competitors, making the case that the contemplated charges
would prevent effective competition with AT&T. The level of
charges is the subject of a formal FCC proceeding, Docket
No. 78-72. Copies of the letter to Fowler were sent to all
interested parties, including the Attorney General and the
Antitrust Division.
The FCC is, of course, an independent regulatory agency, so
the Administration's views on matters pending before it
should ordinarily be presented on the record by the
appropriate department, in this case the Justice Department.
That department has received copies of the analysis sent by
Brophy to Baker, so unless the White House is disposed to
become more directly involved in this matter - for example,
by reviewing Justice's position - there is no need for any
action or further referrals. In short, I recommend that we
do nothing other than send Brophy a simple acknowledgment,
stating that his views will receive careful consideration by
appropriate executive branch officials - i.e., those in the
Justice Department. A draft is attached.
Attachment
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DDR
SUBJECT:
Jimmy Stewart Request
By letter dated October 10 Jimmy Stewart asked the President
to serve on the Orme School Advisory Council. The Orme
School is a highly-regarded private prep school in Mayer,
Arizona, which Stewart's son Ron attended. The purpose of
the Advisory Council is to promote a capital campaign by the
school. Those agreeing to serve on the Advisory Council
expressly permit their names to be listed on a letterhead
that will be used in the fundraising efforts.
Presidential Correspondence referred the matter to Kathy
Osborne, and Osborne sent it along to us. She advised that
the President thinks he should respond personally.
The President should not accept Stewart's invitation to
serve on the Advisory Council. Stewart explicitly
recognizes that the school simply wants to use the
President's name to promote its fundraising efforts. Such
activity is unfair to similarly situated schools and other
non-profit organizations that do not have Stewart's access
to the President, and is ultimately demeaning to the Office,
using it as a huckster's ploy. Agreeing to Stewart's
request would also associate the President with an
organization about which we know little and the activities
of which are beyond our control. The risk of embarrassment
is intolerably high. I have drafted a transmittal
memorandum for Osborne and, in light of the President's
expressed wishes, a proposed reply for his signature.
Attachment
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR KATHLEEN OSBORNE
PERSONAL SECRETARY TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Jimmy Stewart Request
Attached is a draft response for the President's signature,
declining Jimmy Stewart's request that he serve on the Orme
School Advisory Council. If the President would prefer, I
would be happy to send the letter over my signature.
Attachment
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
DRAFI
THE WHITE HOUSE
WASHINGTON
October 25, 1983
Dear Jimmy:
Thank you for your letter of October 10, inviting me to
serve on the Orme School Advisory Council, which you will
chair.
I would normally be delighted to serve on any group chaired
by you. In this instance, however, my lawyers advise me
that the responsibilities of office preclude my accepting
your gracious invitation. From the earliest days of my
Administration we have been compelled to adhere to a policy
of declining requests that I become involved in private
fundraising efforts. As you might imagine, we receive
countless such requests from worthy charities or other
organizations. Since I cannot possibly accept them all, it
seemed to me that the only fair thing to do was to adopt a
policy of not participating in any private fundraising.
I am also advised that my participation could create
problems, both real and apparent, with respect to any
dealings the Orme School might have with the federal
government. I trust you will understand not only the
reasons I must decline your request but also how difficult
it is for me to do so. I take considerable comfort in the
knowledge that, given its choice for Chairman of the
Advisory Council, the Orme School is already well on its way
to achieving its goals.
Warmest personal regards,
Sincerely,
Mr. James Stewart
9201 Wilshire Boulevard
Beverly Hills, California 90210
RR:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
DRAFT
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS are
COPY Reagan Presidential Record
SUBJECT:
Allegation of Violation of Personnel
b6
Statutes by
The Special Counsel of the Merit Systems Protection Board
has written to advise you that he has completed his
investigation into an allegation that
b6
violated personnel statutes in the course of "RIFing"
an employee. Special Counsel O'Connor has concluded that
the allegation is unsubstantiated.
This notice to you is in one sense gratuitous, since the
pertinent statute only requires a report to the President by
the Special Counsel when he determines that a Presidential
appointee has committed a violation. 5 U.S.C. § 1206 (g) (2).
'Connor has advised us, however, that he prefers to notify
our office when he determines that an allegation is
unsubstantiated as well. He has explained that since these
allegations often become public it is only fair to the
individual involved to at least let our office know when the
Special Counsel has completed an inquiry and determined that
no violation took place. I have drafted a brief
acknowledgment.
Attachment
THE WHITE HOUSE
WASHINGTON
October 25, 1983
COPY Reagan Presidential Record
Dear Mr. O'Connor:
Thank you for your letter of October 14. In that letter you
advised us that you had completed an investigation into an
b6
allegation that
had engaged in
improper personnel practices, and concluded that the
allegation was unsubstantiated.
Thank you for advising us of the disposition of this matter.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. K. William O' Connor
Special Counsel
U.S. Merit Systems Protection
Board
1120 Vermont Avenue, N.W.
Washington, D.C. 20419
FFF:JGR:aea 10/25/83
bcc: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DDR
SUBJECT:
H.R. 3929 - Federal Supplemental
Compensation Extension
Yesterday Richard Darman asked for our views as soon as
possible on enrolled bill H.R. 3929, a bill to extend
federal supplemental compensation. Darman's office did not,
however, forward a copy of the bill itself, only the OMB
memorandum. Repeated calls to Darman's office to obtain a
copy of the bill were fruitless until late in the day, when
we were provided a copy of the bill and simultaneously
advised that the President had already signed it. So far as
I am aware no one from our office had an opportunity to
review this bill prior to the President's signing.
I have reviewed the bill and have no objection to it,
although I do not think we should let the circumvention of
our office's review pass without some remonstrance. A draft
is attached.
Attachment
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 3929 - Federal Supplemental
Compensation Extension
Although you asked for our views on the above-referenced
enrolled bill, your office did not provide us a copy of the
bill until after it had been signed by the President. It is
of course necessary for us to see the bill itself before
commenting upon it. We remain capable of providing comments
promptly, as we have done often in the past, and I consider
it unfortunate that our views were dispensed with in this
case.
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 22d
SUBJECT:
Anonymous Allegations Concerning
New England ICC and FHA Office
Mr. Baker received an unsigned letter, purportedly written
on behalf of "many regulated motor carriers," alleging that
several ICC staff members from New England use government
cars to travel between their homes and work. The staff
members are identified with some specificity, one by name.
The letter asserts that a similar situation exists in the
New England area involving Federal Highway Administration
staffers.
Although there is much to be said in favor of a general rule
of ignoring anonymous complaints, I suppose we should
forward copies of the letter to the ICC and Transportation
general counsels, for whatever action they deem appropriate.
Drafts for this purpose are attached.
Attachments
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR JOHN H. BROADLEY
GENERAL COUNSEL
INTERSTATE COMMERCE COMMISSION
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Anonymous Allegations
The attached anonymous letter, which was sent to White House
Chief of Staff James A. Baker III, is forwarded to you for
whatever review and action you consider appropriate.
Attachment
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR JAMES H. BURNLEY IV
GENERAL COUNSEL
U.S. DEPARTMENT OF TRANSPORTATION
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Anonymous Allegations
The attached anonymous letter, which was sent to White House
Chief of Staff James A. Baker III, is forwarded to you for
whatever review and action you consider appropriate.
Attachment
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS for
COPY - Reagan Presidential Record
SUBJECT:
Correspondence from Spencer Hickman
b6
Concerning
Spencer Hickman of Bedford Heights, Ohio has written you an
unusual letter attempting to link allegations against
b6
I do not recommend that you become involved in Mr. Hickman's
affairs. I have drafted a memorandum referring the entire
package to the Solicitor of Labor, for whatever review and
action he deems appropriate.
Attachment
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRANCIS LILLY
SOLICITOR, U.S. DEPARTMENT OF LABOR
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Correspondence from Spencer Hickman
Concerning Jackie Presser
The attached materials are submitted for whatever review and
action, if any, you deem appropriate.
FFF:JGR:aea 10/25/83
CC: FFFielding/JGRoberts/Subj/Chron
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
Roberts, John
IGP 8/5/2005
File Folder
FOIA
CHRON FILE (10/25/1983 - 10/31/1983)
F05-139/01
COOK
Box Number
37IGP
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
4 MEMO
2 10/25/1983 B6
611
ROBERTS TO FIELDING RE USE OF AIR TRAVEL
CLUB AWARDS
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.
THE WHITE HOUSE
WASHINGTON
October 25, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Holtzinger Correspondence
Your former partner John Holtzinger has written, sending the
AEI analysis of natural gas proposals he forgot to send on
some previous occasion, and a report of certain FERC public
meetings. He states that FERC is dominated by a
non-Republican majority sympathetic to the FERC bureaucracy,
and indicates that this will affect the views FERC presents
in the legislative battles on decontrol. I think a
substantive response would be inappropriate, but have
prepared a brief "thank you" note.
Attachment
THE WHITE HOUSE
WASHINGTON
October 26, 1983
Dear Jack:
Thank you for your recent letter and the accompanying copy
of the American Enterprise Institute analysis of natural gas
proposals.
I am also grateful for the benefit of your views on the
current workings of the Federal Energy Regulatory
Commission, and the potential problems that deserve review.
Again, thank you.
Sincerely,
Fred F. Fielding
Counsel to the President
John E. Holtzinger, Jr., Esquire
Morgan, Lewis & Bockius
1800 M Street, N.W.
Washington, D.C. 20036
FFF: JGR:aea 10/26/83
bcc: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 25, 1983
Dear John:
Thank you for your recent letter and the accompanying copy
of the American Enterprise Institute analysis of natural gas
proposals. I hope to have an opportunity to peruse the AEI
publication in the near future, although with things as they
are I may be reduced to quick skimming.
I am also grateful for the benefit of your expert views on
the current workings of the Federal Energy Regulatory
Commission.
Again, thank you for writing.
Sincerely,
Fred F. Fielding
Counsel to the President
John E. Holtzinger, Jr., Esquire
Morgan, Lewis & Bockius
1800 M Street, N.W.
Washington, D.C. 20036
FFF: JGR:aea 10/25/83
bcc: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 24, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS are
SUBJECT:
Honegger Files
The Honegger Files saga continues. When Honegger left the
White House she signed a memorandum to H.P. Goldfield,
pursuant to which she was permitted to take copies of White
House documents with her to the Justice Department, on the
conditions that they be maintained separate from any Justice
files and eventually returned to the White House. When
reminded of her commitment to return the files Honegger
reported that they had been left behind at Justice. Justice
returned a small box of files to us, and I delivered those
to Terry Good at Central Files.
Good compared the inventory of files turned in by Honegger
when she left the White House with the files returned by the
Justice Department. Pursuant to the agreement the latter
should have been a subset of the former, as Honegger
supposedly took to Justice duplicates of files she turned
in. In fact, there is no overlap at all. This probably
means that Honegger took originals and not duplicates with
her to Justice. Since no inventory was taken of the files
Honegger took to Justice, there is also no way of knowing if
all of them have been returned. We should discuss.
Attachment
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 2252
SUBJECT:
Presidential Taping - 2) International
Song Festival - 3) Texas GOP Fundraiser
Richard Darman has asked that we send comments directly to
Ben Elliott on the above-referenced remarks by 8:00 a.m.
October 26. The International Song Festival remarks stress
the role of music as a unifying force, and, presumably
because the audience is in Latin America and the Iberian
Peninsula, the contributions to our society of Hispanic
Americans.
The Texas GOP Fundraiser remarks discuss Beirut and Grenada,
asserting that we will not yield to terrorists in Beirut and
that the Grenada effort is already bearing fruit in greater
stability with prospects of democratic elections. The
remarks then move on to the economic recovery, responding to
the drought problems in West Texas by noting that 28
counties are covered by disaster declarations, and that
declarations for five more counties are being processed.
I think it would be better to delete any reference to the
pending disaster declarations, particularly in these
political fundraising remarks. The reference strongly
suggests that the review of the possible disaster
declarations will be influenced by political considerations.
I have attached a draft memorandum making this point; in
light of the short turn-around, I have also taken the
liberty of raising it orally with Elliott, who agreed to
make the requested change.
Attachment
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR BEN ELLIOTT
ACTING DIRECTOR
PRESIDENTIAL SPEECHWRITING OFFICE
FROM:
FRED F. FIELDING
SUBJECT:
Presidential Taping - 2) International
Song Festival - 3) Texas GOP Fundraiser
Counsel's Office has reviewed the above-referenced draft
remarks. We have no objection from a legal perspective to
the International Song Festival remarks. With respect to
the Texas Fundraiser remarks, we recommend deleting "and
declarations for five more counties are being processed" on
page 2, lines 22-23. This reference to declarations that
have not been finalized, in political remarks, suggests that
political considerations may enter into the declaration
decision.
CC: Richard G. Darman
FFF:JGR:aea 10/26/83
bcc: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Message Request for Arthur Morrissette,
President of Interstate Van Lines Honoring
the 40th Anniversary of that Company
Anne Higgins has asked whether a message from the President
can be sent to Arthur E. Morrissette, who will be honored at
a party on October 29 commemorating the fortieth anniversary
of Interstate Van Lines, the company he founded. The
message was requested by a company official. Mr.
Morrissette, nearing his seventieth birthday, is a loyal
supporter who has been active in the area of community
service. Each Christmas he decorates one of his vans as
"the world's largest mobile Christmas card" and has it tour
around to nursing and convalescent homes, with a stop in
front of the White House. The proposed message discusses
free enterprise, Morrissette's contributions to the economy,
and his community spirit.
We normally do not approve messages to companies as such, to
avoid associating the President with particular commercial
ventures. In this case, however, the message is to
Morrissette as an individual, not to his company. The
company is not mentioned in any way. The information we
have on Morrissette suggests that a Presidential message
would be appropriate. I have drafted a memorandum to
Higgins noting that we have no legal objection.
Attachment
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR ANNE HIGGINS
SPECIAL ASSISTANT TO THE PRESIDENT
DIRECTOR OF CORRESPONDENCE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Message Request for Arthur Morrissette,
President of Interstate Van Lines Honoring
the 40th Anniversary of that Company
You have asked whether a Presidential message may be sent to
Arthur E. Morrissette, on the occasion of the fortieth
anniversary of the founding of his company, Interstate Van
Lines. You also provided a draft message.
It is our normal policy not to approve messages to
companies, to ensure that the President does not become
associated with particular commercial ventures. In this
case, however, the message has been prepared as a message to
Morrissette as an individual, not to his company.
Accordingly, we have no legal objections, and leave it to
your discretion whether a message to Morrissette as an
individual should be sent.
FFF: JGR:aea 10/26/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ore
SUBJECT:
Enrolled Bill H.R. 3706 -
Martin Luther King, Jr. Birthday
Richard Darman has asked for our views by close of business
October 27 on the above-referenced enrolled bill, which
would make the third Monday in January a federal holiday in
commemoration of the birthday of Martin Luther King, Jr.
OMB and OPM recommend approval. The President has of course
stated that he will sign this bill. I have reviewed the
memorandum for the President prepared by David Stockman, and
the bill itself, and can discern no Constitutional or other
purely legal reason that would preclude signing of the bill.
An appropriate memorandum for Darman is attached for your
review and signature.
Attachment
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3706 -
Martin Luther King, Jr. Birthday
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 10/26/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS groR
SUBJECT:
Request for Suggestions to Further
Utilize Material on Cassette of the
Television Show HEROES -- The Official
Story of the Medal of Honor
Some time ago Chuck Ashman of Twentieth Century-Fox sent you
a cassette of the television show "Heroes - The Official
Story of the Medal of Honor," which aired over the Fourth of
July. Ashman indicated that he would like you to see it and
would enjoy your suggestions about its further utilization.
This was originally staffed to H.P., and you sent an
acknowledgment to Ashman on August 17. Our law clerk
Claudia has viewed the show and reports that it is a
stirring and patriotic tribute to the Medal of Honor
winners. I do not know if you want to view it, or what you
and H.P. worked out concerning this matter, but I have
prepared, with Claudia's able assistance, a draft that might
serve to put this to rest. The draft will probably be taken
to mean you saw the film, although it does not say as much.
It indicates that you have sent the cassette to Media
Relations and Planning, for their information only. We
could not think of anything else to do with it.
Attachment
THE WHITE HOUSE
WASHINGTON
October 26, 1983
Dear Chuck:
Please excuse my delay in getting back to you on your
television show "Heroes - The Official Story of the Medal of
Honor." The film is a fine tribute to America's military
heroes. The remembrances of the Medal of Honor recipients
were fascinating and I am certain the production stirred the
hearts not only of Americans across the country but also of
the men and women serving our country in uniform around the
world.
I'm afraid that I do not have much to offer in the way of
specific suggestions concerning further use of the film.
You have already tapped an important outlet in Armed Forces
Broadcasting, and the public affairs offices of the
different service departments have much greater expertise in
this area than I. I have, however, sent the cassette along
to our own Office of Media Relations and Planning, to make
certain they are aware of it.
Thank you again for sharing this marvelous film with me.
You can take great pride in it.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Chuck Ashman
Twentieth Century-Fox
Box 900
Beverly Hills, CA 90213
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THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR KARNA SMALL
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR OF MEDIA RELATIONS
AND PLANNING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request for Suggestions to Further
Utilize Material on Cassette of the
Television Show HEROES -- The Official
Story of the Medal of Honor
Chuck Ashman of Twentieth Century-Fox submitted this film on
Medal of Honor recipients to me, and I am sending it along
to you, for your information only.
Attachment- cassette
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THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Statement of Robert M. Stutman
Regarding Drug Smuggling on the
New England Coast on October 31, 1983
OMB has provided us with a copy of the statement Robert
Stutman, DEA Special Agent in Charge of the Boston Field
Division, proposes to deliver before the Senate Foreign
Relations Committee at Newport, Rhode Island, on October 31.
The testimony reviews initiatives to confront the drug
smuggling activity along the New England Coast, focusing on
the recent successes of three task forces formed in the
area. The testimony concludes by stressing the highly
organized structure of smuggling operations, and their
connections to traditional organized crime. I have no
objections.
Attachment
THE WHITE HOUSE
WASHINGTON
October 26, 1983
MEMORANDUM FOR GREGORY JONES
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Statement of Robert M. Stutman
Regarding Drug Smuggling on the
New England Coast on October 31, 1983
Counsel's Office has reviewed the above-referenced
statement, and finds no objection to it from a legal
perspective.
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THE WHITE HOUSE
WASHINGTON
October 27, 1983
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS DER
COPY Reagan Presidential Record
SUBJECT:
Appointment of Jean Hails to the
President's Advisory Committee on
Women's Business Ownership
I have reviewed the Personal Data Statement submitted by
Jean Hails in connection with her prospective appointment to
the President's Advisory Committee on Women's Business
Ownership. The President is authorized to appoint no more
than 15 members to this committee by Executive Order 12426
(June 22, 1983). Members "shall have particular knowledge
and expertise concerning the current status of businesses
owned by women in the economy and methods by which these
enterprises might be encouraged to expand.' The functions
of the committee are to review the status of businesses
owned by women, foster private sector support for women
entrepreneurs, and advise the President and Small Business
Administration on these issues.
Mrs. Hails is the owner and Chief Executive Officer of the
Hails Construction Companies, and accordingly meets the
prerequisites for appointment in the Executive Order.
ble
THE WHITE HOUSE
WASHINGTON
October 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSOR
SUBJECT:
Draft Presidential Tapings
1) Operation Opportunity Conference
2) Tune in Awards Dinner
Richard Darman has asked that comments on the above-
referenced draft tapings be sent directly to Ben Elliott by
noon today. The Tune In Awards Dinner salutes voluntarism
and applauds those receiving awards, including Jay
Rockefeller and Cardinal Cooke. The OPIC conference remarks
stress the progress of the economic recovery and the
Administration's support for Americans trying to do business
abroad. I have no substantive objections, but have noted
two technical ones in the attached draft memorandum for
Elliott.
Attachment
THE WHITE HOUSE
WASHINGTON
October 28, 1983
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING OFFICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Tapings
1) Operation Opportunity Conference
2) Tune in Awards Dinner
Counsel's Office has reveiwed the above-referenced draft
tapings, and finds no objection to them from a legal
perspective. On page 2, line 16 of the Tune In remarks,
should "as" be "of"? On page 2, line 19, "Administration's"
should be "Administrations."
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THE WHITE HOUSE
WASHINGTON
"
October 28, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
National Bar Association Grant from
the Minority Business Development Agency
You have asked that I determine the status of the Minority
Business Development Agency (MBDA) grant to the National Bar
Association (NBA). By letter dated September 9, NBA
President-elect Dennis W. Archer informed you that the NBA
current grant from MBDA was due to expire on September 30,
and that NBA was seeking renewal of the grant in the amount
of $275,000.
I contacted the Chief Counsel of MBDA, Linda Sundro, who
advised me that the NBA grant had lapsed, and that MBDA did
not intend to renew it. According to Sundro, the decision
was based on MBDA's policy that grants to trade or
professional organizations not be open-ended, but only be
extended to permit the organization to become self-
sufficient. This policy is, in turn, based on the view that
MBDA should be most concerned with direct development of
minority businesses, while funding of trade and professional
organizations only promotes this development indirectly.
In the case of NBA, the project officer determined that NBA
had become self-sufficient, and no longer required federal
funds. Sundro advised me that NBA has been actively arguing
against the decision not to renew the grant, pointing out
that numerous other trade and professional organizations no
less self-sufficient than it continue to receive MBDA
grants. Sundro indicated that NBA's argument was, to some
extent, a valid one, but only because NBA's grant is the
first one to which MBDA's new policy has been applied. As
Sundro put it, "somebody's got to be first," and the other
trade and professional organizations cited by NBA will
probably not have their grants renewed when they do come up
for renewal. As Sundro explained, the NBA grant just
happened to come up for renewal at the time MBDA settled on
its policy concerning trade and professional organizations.
Let me know if you need anything further.
THE WHITE HOUSE
WASHINGTON
October 28, 1983
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
esr
COPY - Reagan Presidential Record
SUBJECT:
Settlement of Civil Suit
by
Involving
sent our office a copy of a settlement
agreement entered in a case pending in the United States
District Court for the Central District of California,
ble
Nothing in this civil lawsuit or the proposed
settlement casts any cloud on
ability to continue to
discharge his office.
THE WHITE HOUSE
WASHINGTON
October 31, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Letter Regarding Money Order
Cashed Illegally
On October 27 Anne Higgins forwarded to you a copy of an
August 22 letter to the President, in which the writer
confessed theft of a government check from a mail box,
conspiracy to cash the check, and the successful cashing of
the check by a co-conspirator, with whom he split the money.
The writer, whose identity is presently unknown to our
office, offered to pay back the $250 check with eight and
one-half weekly payments of $25 (sic).
The facts disclosed in the letter establish violations of
18 U.S.C. §§ 641 and 1708, quite apart from possibilities of
state prosecution for basic theft. Section 641 prohibits
theft of "any record, voucher, money, or thing of value of
the United States" -- in this case the government check --
and sets a penalty of up to ten years imprisonment and/or a
fine of up to $10,000. Section 1708 prohibits theft from a
mail box, and sets a penalty of up to five years
imprisonment and/or a fine of up to $2,000. Restitution of
the funds stolen would not, of course, erase the offense,
United States V. Powell, 294 F. Supp. 1353, 1355 (D.Va.
1968), aff'd, 413 F. 2d 1037 (4 Cir. 1969), although an offer
to make restitution would be highly pertinent to any
exercise of prosecutorial discretion.
You indicated in your reply to Higgins of October 29 that
you would raise the matter in the abstract with the Justice
Department. I see nothing objectionable in this
contemplated course of action, and in light of the small
amount involved would suspect that Justice would be willing,
through the appropriate U.S. Attorney, to decline
prosecution in exchange for restitution. This assumes that
the facts are as indicated, that our correspondent has no
other record, and that his letter was not prompted by the
imminent success of an investigation into the matter.
Two other points may prove troublesome and should be
discussed when you raise the matter with Justice. Our
correspondent has of course violated state law by his
actions, and no agreement between him and federal
authorities can bind the local District Attorney. In
addition, the writer will most likely have to turn in the
accomplice who cashed the check, who does not appear to have
joined in the confession.
In any event, I recommend raising the matter with Justice
without further delay. It was not clear to me whether
(1) you would do so orally, (2) you wanted me to do so
orally, or (3) you wanted me to prepare a memorandum for
your signature. I recommend that you or I raise the matter
orally with Schmults, Jensen, or Trott, and, assuming a
reaction as outlined above, send over a memorandum after
obtaining (if possible) the subject's name and address. I
do not think there will be a need to involve the President
personally, since I suspect Justice will be only too happy
on its own to get the money back and let matters rest there.
They have bigger fish to fry than a one-time theft of a $250
check -- if in fact that is all that's involved.
THE WHITE HOUSE
WASHINGTON
October 31, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
OMB Views on S. 563, a Bill to
Reform the Laws Relating to Former
Presidents
Greg Jones of OMB sent this matter to me, explaining that it
had been handled by H.P. in the past. S. 563 is identical
to S. 1325, introduced last year, and OMB intends to send a
letter on S. 563 identical to the one it sent last year on
S. 1325, mutatis mutandis. The bill would affect
Presidential libraries, staff and spouses of former
Presidents, and protection for former Presidents and their
families and Vice Presidents.
With respect to libraries, the bill would authorize GSA to
accept buildings or land donated for use as a Presidential
library, and would direct GSA to issue architectural
standards for such libraries. The section of the bill
dealing with libraries is rife with committee legislative
vetoes that are clearly invalid under INS V. Chadha.
Section 102 of the bill would require the President to
dispose of Presidential records of no "administrative,
historical, informational, or evidentiary value, but only
after obtaining the written approval of the Archivist.
Current law permits such disposal. 44 U.S.C. § 2203 (c).
Title II would increase allowances for widows or widowers of
former Presidents and decrease funds available to a former
President to wind up his affairs. It would permit federal
employees to be detailed to the staff of a former President
on a reimbursable basis, and would permit federal funds to
be used by a former President to prepare memoirs only if GSA
publishes and distributes them.
Title III would specify the length of Secret Service
protection for various relatives of former Presidents, and
the criteria for initial extensions of this time period.
Additional extensions would require the approval of an
advisory committee consisting of the Congressional
leadership, guided by an advisory panel appointed by the
Comptroller General.
OMB's proposed letter - identical to the one it sent on the
identical bill last year - opposes the bill, on both policy
and legal grounds. The letter notes that " the Department
of Justice has advised us that the provisions of Title I
concerning the prospectus procedure by which Presidential
libraries would be authorized are troublesome and may have
constitutional implications." I think this can be
strengthened considerably in light of Chadha. The letter
also objects to the Secret Service advisory panel as a
violation of separation of powers, which it clearly is.
In my view the letter should also stress that the provision
requiring written approval of the Archivist prior to
disposal of certain records must be interpreted as not
altering the fact that the Archivist is guided by and
subject to the authority of the President. This is
consistent with previous Department of Justice views. As an
executive official the Archivist answers to the President
and cannot be placed in a superior position with respect to
any matter.
A draft memorandum to Jones is attached. Jones advises that
hearings on this bill are imminent and would like our views
by close of business today.
THE WHITE HOUSE
WASHINGTON
October 31, 1983
MEMORANDUM FOR GREGORY JONES
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
OMB Views on S. 563, a Bill to
Reform the Laws Relating to Former
Presidents
You have advised our office that the Office of Management
and Budget intends to send a letter to Congress on S. 563
identical to the letter sent last year on S. 1325, mutatis
mutandis. We recommend two minor changes in the letter.
The sentence that currently reads "We should also note that
the Department of Justice has advised us that the provisions
of Title I
concerning the prospectus procedure by which
Presidential libraries would be authorized are troublesome
and may have constitutional implications" can and should be
considerably strengthened in light of the Supreme Court's
intervening decision in INS V. Chadha. That decision makes
it clear that the prospectus procedure is constitutionally
invalid. You should obtain the views of the Department of
Justice on the exact wording of a replacement sentence.
With respect to section 102 of the bill, amending 44 U.S.C.
§ 2203 (c), last year's letter did not note that the
provision requiring the President to obtain the written
views of the Archivist must be interpreted consistent with
the principle that the Archivist is guided by and subject
to the President's authority. In our view, this year's
letter should do SO. Serious constitutional questions would
be raised were the Congress to attempt to make the authority
of a subordinate executive branch official superior to that
of the President on any matter. It is our understanding
that the Department of Justice objected to this provision,
and you should consult with that Department to obtain
appropriate language to add to the letter.
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THE WHITE HOUSE
WASHINGTON
October 31, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
252
SUBJECT:
Enrolled Bills -- H.R. 730
Relief of Ronald Goldstock and
Augustus M. Statham -- H.R. 732
Relief of Gregory B. Dymond and
Four Others - Reimbursements for
Relocation Expenses
Richard Darman has asked for our comments on Enrolled Bill
H.R. 730 by close of business November 1 and on Enrolled
Bill H.R. 732 by close of business November 2. Both bills
provide private relief to individuals who relied on
erroneous advice given them by the Department of Labor.
H.R. 730 would pay relocation expenses to two Labor SES
employees who incurred such expenses after being erroneously
advised that they were reimbursable. H.R. 732 would pay
moving expenses to five individuals who left the Postal
Service to join the Labor Inspector General's Office.
Again, the individuals were erroneously advised that such
expenses were reimbursable.
Labor proposed these private relief bills, and OMB
recommends approval. The Government is under no legal
obligation to the seven individuals. In Schweiker V.
Hansen, 450 U.S. 785 (1981), the Supreme Court reaffirmed
the basic principle that there can be no estoppel against
the Government on the basis of erroneous advice from
subordinate officials, particularly in the area of financial
disbursements. As Judge Friendly pointed out in a dissent
so compelling that the Supreme Court adopted its reasoning
and reversed the majority without even hearing arguments:
" [F]unds contributed by all citizens, with definite
limitations upon their use, are not to be diverted to a
person not within these limitations simply because the
Federal Government has not been able to secure perfect
performance from its hundreds of thousands of employees
scattered throughout the continent." Hansen V. Harris, 619
F.2d 942, 954 (2 Cir. 1980) (dissenting opinion), majority
summarily reversed sub nom. Schweiker V. Hansen, 450 U.S.
785 (1981).
Nor do I think there is a very compelling fairness argument
in these cases, since the individuals would probably have
incurred the expenses in question regardless of whether they
were reimbursable, as thousands of people accepting
employment with the Government do every year. Nonetheless,
we can hardly recommend a veto of legislation proposed by
Labor, and there is no constitutional reason not to sign
these private relief bills.
Attachments
THE WHITE HOUSE
WASHINGTON
October 31, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 730 -- Relief of
Ronald Goldstock and Augustus M.
Statham -- Reimbursement for
Relocation Expenses
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
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THE WHITE HOUSE
WASHINGTON
October 31, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 732 -- Relief of
Gregory B. Dymond and Four Others --
Reimbursement for Relocation Expenses
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
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