ADDRESS OF THE FEDERALIST SOCIETY FOR LAW & PUBLIC POLICY STUDIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G00152R001202400019-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 13
• Document Creation Date: December 27, 2016
• Document Release Date: November 30, 2011
• Sequence Number: 19
• Publication Date: November 6, 1987
• Content Type: MEMO

STAT
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ROUTING AND RECORD SHEET
STAT
STAT
SUBJECT: (Optional)
Speech at Federalist Society
William M. Baker
Director,-Public'Affairs
TO: (Officer designation, room number, and
building)
ORM 610 u~D n v onus
F,-79
OFFICER'S COMMENTS (Number each comment to show from whom
INITIAL to whom. Draw a line across column after each comment.)
t1 U.S. Government hintln6 Otflese H 464- py 186
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MEMORANDUM FOR:
Director of Central Intelligence 1
- Jean
1 - DCI Security
FROM:
William M. Baker 1
Director, Public Affairs Office 1 - DDCI
SUBJECT:
Address of the Federalist Society
For Law & Public Policy Studies
1. This is background information for your remarks to the Federalist
Society For Law & Public Policy Studies Conference on "Foreign Affairs and the
Constitution: The Roles of Congress, the President, and the Courts" on
Saturday, 7 November, 12:00 noon - 1:30 p.m. The Conference will be held at
the Grand Hyatt Hotel, 1000 H Street, N.W. between 10th and 11th, Washington,
D.C. Phone: [phone]
2. Arrangements: You are asked to be at the main entrance of the Grand
Hyatt Hotel at 12: noon where you will be met by Special Assistant for the
Office of Domestic Affairs in the White House, David McIntosh, who will escort
you to the Constitution Room. Lunch will be served at approximately 12:05
p.m. and your address is scheduled for 1:00 p.m. The suggested format is 20
minutes of remarks followed by 10 minutes of questions and answers. You will
be introduced by either Q- Rr~n~incL; , Counsel to the Vice President C.
Boyden Gray who also will monitor the Q & A period. Following is the
tentative head table seating:
Mr. C. Boyden Gray Counsel to the Vice President
* Judge Ralph K. Winter U.S. Court of Appeals for the Second Circuit
* Judge Laurence Silberman U.S. Court of Appeals, D.C. Circuit
* Mr. Arthur B. Culvahouse Counsel to the President
Senator Orrin Hatch
* Professor John Norton Moore Director, University of Virginia's
Graduate Law Program
* Mr. Irving Kristol Co-editor, THE PUBLIC INTEREST and publisher or
THE NATIONAL INTEREST
Mrs. Kristol (Professor Gertrude Himmelfarb)
Professor Lee Liberman National Co-Chairman, Federalist Society
Professor of Law, George Mason Law School
Former law clerk to Justice Scalia
Mr. David McIntosh National Co-Chairman, Federalist Society
Mr. Peter Keisler Assistant Counsel to the President,
Member, Board of Directors, Federalist Society
(*See brochure opposite for biographies.)
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CONFIDENTIAL
25X1 Assistant for media relations, will remain throughout the
event. A podium and microphone w i l l a available near the head table.
Security will tape your remarks for the Agency's historical files. The
Federalist Society is planning to publish the proceedings of the symposium in
their publication "The Harvard Journal of Law and Public Policy."
Arrangements have been made to review your remarks prior to publication.
Approximately 400 lawyers, members of the Intelligence Community, and
policymakers will make up the audience. Representatives of the media
including reporters from the WALL STREET JOURNAL, WASHINGTON POST, NEW YORK
TIMES and tentatively the major networks will cover the presentation. Foreign
press will include REUTERS, SYDNEY MORNING HERALD, EL-ARAB, and (London)
TIMES. During the question and answer period, you can expect questions from
the press.
3. Background: According to The National Law Journal, the Federalist
Society has a mem ership of 4,500 and is a conservative ibertarian
organization composed primarily of law students and faculty." The symposium
will present a scholarly discussion of the legal and constitutional issues
involved in the area of foreign affairs and covert actions. Speakers will
include Caspar Weinberger, Edwin Meese, Lloyd Cutler, and Professor John
Norton Moore. (See opposite for complete list of speakers and panel topics.)
Professor Moore will speak before lunch (11:30 a.m. to 12:00 noon) on "Do We
Have an Imperial Congress?"
4. Remarks: You said you would use the remarks you gave at the House of
Hope Pres yyterian Church last Sunday for this presentation. I have included
your annotated copy of those remarks in which I have inserted the introduction
and the section on academic relations from your Aspen speech.
William M. Baker
CONFIDENTIAL
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STAT
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 Dave Doherty
Bill Donnelly
Bob Gates
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FROM
DIRECTOR OF CENTRAL INTELLIGENCE
TO
OFFICIAL INDICATED BELOW
Bill Baker
Danny Childs
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' ADMINISTRATIVE INTERNAL USE ONLY
PAO 87-0135
26 October 1987
JUDGE:
RE: Speaking Invitation
The Federalist Society
Washington, D.C.
6 - 7 November 1987
You have been invited by Zbigniew Brzezinski on behalf of the Federalist
Society to be the luncheon speaker on Saturday, 7 November at their symposium
on "Foreign Affairs and the Constitution: The Roles of Congress, the
President, and the Court." As an alternative, you are invited to be a member
of the panel on the First Amendment and National Security on Friday,
6 November at 3:45 p.m. Floyd Abrams a lawyer from New York and a specialist
on the First Amendment also will participate. You could expect an audience of
300 - 400 lawyers and foreign policymakers. The event would be covered by the
media. The symposium will present a scholarly discussion of the legal and
constitutional issues involved in the area of foreign affairs and covert
actions. Appearing on other panels will be Attorney General Edwin Meese,
Lloyd Cutler, Irving Kristol, Abe Sofaer, John Norton Moore, Ralph Winter,
Richard Perle and Eugene Rostow and possibly Ambassador Jeane Kirkpatrick.
According to The National Law Journal, the Federalist Society has a
membership of 4,5 and is a "conservative/libertarian organization composed
primarily of law students and faculty."
Since your schedule is heavily committed for this period of time, I do not
believe you should accept another engagement or give up your Saturday. If you
agree, attached is a letter of regret for your signature.
STAT
ill Ba er
S
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ADMINISTRATIVE INTERNAL USE ONLY
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Cant al Intdfigence Agency
Dr. Zbigniew Brzezinski
Symposium Chairman
The Federalist Society
For Law & Public Policy Studies
1625 Eye Street, N.W.
Washington, D.C. 20006
Dear Dr. Brzezinski:
Thank you for the invitation to speak at the luncheon for the Federalist
Society Symposium or participate on one of the panels November 6th or 7th in
Washington, D.C. I regret that my schedule could not be juggled to fit with
your conference dates and I must decline the honor. Perhaps we can work out
something for another time. I am sure your symposium on "Foreign Affairs and
the Constitution: The Roles of Congress, the President, and the Court" will
be a challenge to your participants and I too would have enjoyed the exercise.
Many thanks for your appearance at the Agency. Your presentation
certainly received many compliments.
Sincerely yours,
William H. Webster
Director of Central Intelligence
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ADMINISTRATIVE INTERNAL USE ONLY
260ct87
PAO 87-0135
26 October 1987
RE: Speaking Invitation
The Federalist Society
Washington, D.C.
6 - 7 November 1987
You have been invited by Zbigniew Brzezinski on behalf of the Federalist
Society to be the luncheon speaker on Saturday, 7 November at their symposium
on "Foreign Affairs and the Constitution: The Roles of Congress, the
President, and the Court." As an alternative, you are invited to be a member
of the panel on the First Amendment and National Security on Friday,
6 November at 3:45 p.m. Floyd Abrams a lawyer from New York and a specialist
on the First Amendment also will participate. You could expect an audience of
300 - 400 lawyers and foreign policymakers. The event would be covered by the
media. The symposium will present a scholarly discussion of the legal and
constitutional issues involved in the area of foreign affairs and covert
actions. Appearing on other panels will be Attorney General Edwin Meese,
Lloyd Cutler, Irving Kristol, Abe Sofaer, John Norton Moore, Ralph Winter,
Richard Perle and Eugene Rostow and possibly Ambassador Jeane Kirkpatrick.
According to The National Law Journal, the Federalist Society has a
membership of 4,500 and is a conservat ve/libertarian organization composed
primarily of law students and faculty."
Since your schedule is heavily committed for this period of time, I do not
believe you should accept another engagement or give up your Saturday. If you
agree, attached is a letter of regret for your signature.
STAT
f nill Baker
ADMINISTRATIVE INTERNAL USE ONLY
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Dr. Zbigniew Brzezinski
Symposium Chairman
The Federalist Society
For Law & Public Policy Studies
1625 Eye Street, N.W.
Washington, D.C. 20006
Dear Dr. Brzezinski:
Thank you for the invitation to
Society Symposium or participate on
Washington, D.C. Unfortunately,
time, and I am unable to accept
"Foreign Affairs and the Consti
and the Court" will be a chall
enjoyed the exercise.
eak at the luncheon for The Federalist
ne of the panels November 6th or 7th in
schedule is heavily committed for this
e honor. I am sure your symposium on
tion: The Roles of Congress, the President,
nge to your participants and I too would have
Many thanks for your pearance at the Agency. Your presentation
certainly received many gompliments.
Sincerely yours,
William H. Webster
Director of Central Intelligence
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I ER 4613X-87
1 HE FEDERALIST SOCIETY
FOR :11V& PCBLIC POLICY STUDIES
1625 EYE STREET. N.W.
WASHINGTON, D.C. 20006
202-822-8188
October 13, 1987
The Hon. William Webster
Director
Central Intelligence Agency
Washington, DC 20505
Dear Judge Webster:
I am writing to invite you to join me as a speaker at a
conference on "Foreign Affairs and the Constitution: The Roles of
Congress, the President, and the Court," sponsored by the
Federalist Society. The symposium will present a scholarly
discussion of the legal and constitutional issues involved in the
area of foreign affairs and covert actions, and it will reflect a
variety of viewpoints. The symposium will be held in
Washington, D.C., on November 6 and 7. Those who have already
agreed to participate include Ambassador Jeane Kirkpatrick,
Attorney General Edwin Meese, Lloyd Cutler, Irving Kristol, Abe
Sofaer, John Norton Moore, Ralph Winter, and Eugene Rostow.
The symposium will address the following topics:
- The first panel will examine the President's
powers as Commander-in-Chief vs. Congress'
War Power and Appropriations Power.
- The second will consider the Treaty Power and
executive powers to interpret and terminate
treaties and enter into executive agreements,
as well as the proper scope of "advice and
consent" in this context.
- The third will review the First Amendment and
National Security. It will inquire into what
special consideration or exemptions national
security interests require in defining the scope
of First Amendment rights. It will also examine
what the proper structure is for resolving this
issue, i.e., who judges?
- The fourth panel will address what the
Constitution means by executive power and
whether it means only the execution of the laws
or encompasses some of the residual powers of
the King of England as well. It will also
consider whether the President enjoys greater
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discretion in exercising his executive pr,ers.ir
conducting foreign policy than in performing his
other functions, and whether the appropriate scope
of congressional oversight differs in examining
executive actions undertaken in this, as opposed
to other, fields. Finally, it will consider the
political question doctrine and the role envisaged
for the courts in this area.
- The last panel will explore the virtues and
vices of democracy in general, and of American-
style democracy in particular, in conducting
foreign affairs.
We hope the conference will contribute to understanding the
role the Constitution establishes for each branch of our
government in the conduct of foreign affairs, and how the
government as a whole should operate. The proceedings of the
symposium will be published in a major law review.
I enclose a brochure briefly describing the Federalist
Society. Thank you for your consideration, and I very much hope
that you will be able to-participate.
Sincerely,
Zbigniew Brzezinski
Symposium Chairman
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