• Sunday, August 21, 2005

    Box of Docs Box 17 JGR DOJ Daily Reports 6

    I received the above box as an assignment from Duane, Radioblogger and Hugh Hewitt’s right hand man, via an e-mail late Saturday night, August 20, 2005

    This box, 17 JGR DOJ Daily Report 6, contains 60 pages. I cannot find much of interest but will try to give you a thorough report.

    After all, this is a “busman’s holiday” for me as a paralegal, though I am more on the database side of litigation discovery analysis.

    To summarize, again there are 60 pages and all documents are dated November and early December 1984. There are 2 inserts called “withdrawal sheets” which remove info on privacy grounds. There is a 3 page letter from DOJ to HUD. I assume the next 1 page is a handwritten note from John Roberts. If so, it is the only thing actually authored by him. All the correspondence is being sent to him and there is no discernable way to knowing if he had any role in the documents. But there do not seem to be any “smoking guns” on these issues. Only the cryptic nature of his handwritten comments on page 6 provide any amusement to me.

    Anyhow, I need to continue the summary. There are 10 pages of DOJ press releases on tax shelters and antitrust inaction on acquisition of a Pabst brewery. There are 8 pages regarding Chicago Milwaukee St Paul and Pacific Railroad’s demise leading to some Right of way issues that concern creditors’ claims, timber harvesting, the Forest Service, and the Bureau of Land Management. The creditors’ it seems have applied to Senator Symms and McClure, so there is political pressure to settle though the land would seem to revert totally to federal rights. The following 6 pages are regarding the rights of certain Haitians to due process in trying to avoid deportation where the case has been granted Supreme Court cert. Then there is a 30 page letter in the form of a “brief” from DOJ to House Judiciary Chair Rodino which opposes bills to change contempt of Congress and Independent Counsel laws to allow criminal action where the Executive Branch claims “executive privilege”.

    Again, even if someone finds objectionable stands in the remarks or actions in the documents (which is very little to find beside the vehemence of the constitutionality of “executive privilege” and the expression of being sensitive to congressional relations “ the give and take of the political world”), there is no evidence from these pages that Roberts was responsible for their writing or the opinions expressed coincided with his views, personal or professional.

    Back to the handwritten page, page 6. It is entitled “Tuesday staff”
    1st para – “ pocket veto case” ( no reference in box to such a case), then “invited (illegible) office (s)” to meeting. “No quick decision needed” yet “need to file soon to get S. Ct (supreme Court) decision this term.” “Give up on (illegible) to get decision?”

    2nd para – “protective(?) notice of appeal”. “Do plan to appeal” (due to illegibility can’t hazard a guess on the case)

    3rd para –“FFF” (Ah, hah Fred F. Fielding) concern on HUD matter... DAG & AG (Deputy and Atty General) share concern and will try to keep it from becoming a flap”
    (The only HUD case here is the discrimination in government housing in East Texas. Did it ever become a “flap” in the Reagan Administration (a google search does show East Texas HUD has been a problem over many years!!)

    4th para – “Reagan photo – hold”

    Well, not much fun here!!!

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