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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
SUBJECTffiTLE
'DATE
RESTRICTION
001a. memo
Anthony Lake and Lloyd Cutler to POTIJS re: Authority to Use Force
in Haiti ( 1 page)
·
09/14/1994
PS
001b. report
re: Authority of the President to Use Force in Haiti (2 pages)
ca. 09/1994
PS
OOlc. memo
Alan Kreczko to Lake re: Authority of the President to Use Force in
Haiti (1 page)
09/12/1994
PS
-
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1~or 3
.r-.. ..
COLLECTION:
Clinton Presidential Records
NSC Records Management
([Haiti and Lake])
OA!Box Number: 213
FOLDER TITLE:
9407276
Rob Seibert
2006-0187-F
rsl97
RESTRICTION CODES
Presidential Records Act-
[~4
Freedom of Information Act- [5 U.S.C. 552(b))
U.S.C. 2204(a))
b(l) National security classified information [(b)(l) ofthe 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) Releitse'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(S) Release would disclose information concerning the regulation of
C. Closed in accordance with restrictions contained in donor's deed
· ,r ___ .:_-~J!,~~~cial'iJIS~t~~}(b)(S)o~theFOIAJ.
..
ofgift.
.
.
• ·••· • .··.·1
PRM. Personal record m1sfile defined 10 accor.dance w1t ~~S£.~~i.
b(9) Release would d1sc(~_se ge"log1cal or geophys1calmformation
2201(3).
'>;,
•-, .•. ·
conc~rni~g '!ells 1(1}1(9) ~fthe FOIA)
·
RR. Document will be reviewed upon reque~t.
INTON LIBRARY PHOTOCOPY ci):
·
Pl National Security Classified Information [(a)(l) of the PRA)
P2 Relating to the appointment to Federal office [(a)(2) of the PRA)
P3 Release would violate a Federal statute [(a)(3) of the PRA)
P4 Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA)
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) ofthe PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA)
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�Authority of the President to use .Force in Haiti
The President has the constitutional authority to use
military force to remove the de facto leadership in Haiti
without specific congressionar-authorization.
The President is the Commander in Chief under Article II,
section 2 of the Constitution.
This authority includes
broad power to deploy the Armed Forces, including into
situations involving potential hostilities, without specific
congressional authorization.
Presidents have consistently acted on t·his basis.
Early examples ·include the war with Tripoli (1801) under
President Jefferson; the intervention in China during the
Boxer Rebellion (1900) under President McKinley; the
interventions in Haiti (1915), the Dominican Republic
(1916), Mexico (1917) and Russia (1918) under President
Woodrow Wilson; and the intervention in Nicaragua (1926)
under ·president Coolidge.
Recent examples include President Truman in Korea (1950);
President Johnson in the Dominican Republic (1965);
President Reagan in Grenada (1983), Beirut (1982), and the
Persian Gulf re-flagging operation (1987); President Bush in
Panama (1989) and Somalia (1992); and President Clinton in
Bosnia (1993). ·
A U.S. military operation in Haiti would involve far less
use of force than several of these examples.
It is well
within the President's constitutional authority and is
consistent with past practice.
We have important national interests in Haiti: 'promoting
human rights and democracy in our hemisphere; immigration
concerns; the safety of U.S. nationals; and the enforcement
of Security Council decisions.
The operation is likely to involve low intensity and short
conflict. Given the consent_ of President Artistide and the
limited capability of the Armed Forces of Haiti, such action
does not intrude upon the power of Congress to declare war.
Presidential action in this case does not present the
difficult constitutional issues that unilateral Presidential
action could have presented in a major military action like
the Gulf War.
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Congress itself has also recognized in the DOD Appropriations
Act, 1994, that. there are some situations in which force could
be used in Haiti without prior congressional authorization.
While reserving whether this statute impinges on the
President's constitutional powers, any action taken by the
President can be taken consistent with the statute by filing
the report referred to in subsection (c).
The structure of the War Powers Resolution presupposes
the existence of unilateral Presidential authority to deploy
armed forces "into hostilities or into situati6ns where .
imminent involvement in hostilities is clearly indicated by
'the circumstances." 50 u.s.c. I 1543(a)(l). We would
intend to report to Congress "consistent with the War
Powers Resolution", as we have done in the past.
(This
Administration has not yet had to face the provision of the
War Powers Resolution which purports to require withdrawal
of forces after 60 days involvement in hostilitLes, absent
congressional authorization.
The provision raises difficult
Constitutional issues.)
U.N.S.C. Resolution 940 authorizes Member States to use all
necessary means to remove the de facto regime and
establishes that action by the-u.s. would be consistent with
international law.
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7276
NATIONAL SECURITY COUNCIL
Redo
WASHINGTON. D.C. 20506
9/12/94
ACT. ION
MEMORANDUM FOR ANTHONY LAKE
KRECZKO~~
FROM:
ALAN
SUBJECT:
Authority of the President to· use Force in Haiti
Sandy asked for a memo to the President concerning his authority
to deploy forces into Haiti.
Lloyd Cutler feels strongly we should call the President's
attention to the authorization Congress has already given in the
DOD Appropriation Act, and that in the final hours we should
submit the prior report called for in the Act, without conceding
a legal obligation to do so, just as we now do under the War
Powers Resolution. (I concur, although I would favor submitting
the report earlier than a few hours before the operation).
Lloyd
has discussed this with Secretary Christopher who also concurs.
RECOMMENDATION
That you sign the memorandum at Tab I.
Attachment
Tab I
Memorandum for the President
Tab A Legal Memorandum
Tab B
DOD Appropriations Provision
�'
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
001. memo
DATE
SUBJECTfflTLE
Anthony Lake et al. to POTUS re: Haiti-Report to Congress (2 pages)
09/1611994
RESTRICTION
P5
COLLECTION:
Clinton Presidential Records
NSC Records Management
([Haiti and Lake])
OA/Box Number: 213
FOLDER TITLE:
9407358
Rob Seibert
2006-0187-F
·rsl99
RESTRICTION CODES
Presidential Records Act- [44 U.S.C. 2204(a)]
Freedom of Information Act- [5 U.S.C. 552(b)]
b(l) National security classified information [(b)(l) of the FOIA)
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA)
b(J) Release would violate a Federal statute [(b)(J) 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)
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accQrdance-:-with}4~U:S~C. .- ,J~~,~(9}oRelea-se""woulii1Jisclli~egeological or geophysical information
_((~.~ -·~~~"'"' ·"'i' '---coiiceriiirig ~;us·.i(1)(9)~of the FOIAJ
2201(3).
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RR. Document will be reviewed upon requ,es~;, ·j.-1 .'•.: ·._,; .. ":.... _;- · .<.. · . :·~ ;,__ .;; . ..~··: .. c-· ··,l'iit .,;.!
Pl
P2
P3
P4
National Security Classified Information [(a)(l) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(J) of the PRA[
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(S) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA)
i :· . ·
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THE PRESIDENT HAS SEEN
7358
THE WHITE HOUSE
WASHINGTON
September 16, 1994
..
9~ SEP ·ts
P4 :
MEMORANDUM FOR THE PRESIDENT
LA~
FROM:
ANTHONY
PAT GRIFFIN
LLOYD
CUTLE~
SUBJECT:
?
11 C.
Haiti -- Report to Congress
Purpose
To decide whether and when to submit to Congress a report on the
action in Haiti.
Background
The DOD Appropriations Act of_1994 (Tab A) expressed the sense of
Congress that you should not expend appropriated funds for
military action in Haiti without express prior congressional
authorization, except in three circumstances:
(1) imminent
danger to Americans; (2) vital national security interests at
stake and no time to come to Congress; or (3) provision of an
advance report to Congress address~ng six specific issues (U.S.
interests in Haiti; safety of U.S. forces; sufficiency of the
military force deployed; objectives for the deployment; exit
strategy; and cost).
We can satisfy the third exception, and we have prepared such a
report on a contingency basis.
The question is whether to submit
it, and if so, when.
-r
PROS:
Position us to argue to the public that (1) Congress has
recognized that a prior .report makes prior congressional
authorization unnecessary; and (2) we have not ignored
Congress' role but instead acted consistently with its
expressed request.
While unlikely to dissuade those members actively pressing
for a formal vote on a resolution of approval, it may
provide a basis for some swing members. to resist a vote.
Would bolster our legal position, with outside critics and
in the event of ·litigation, that you can act without further
congressional authorization.
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Can be done without conceding any legal obligation to report
to Congress in advance of military operations.
(The
Executive branch has routinely provided reports to Congress
"consistent with the War Powers Resolution" without
conceding the constitutionality of the statute-imposed obligation to do so.)
Provides another vehicle for us to get out in concise
fashion our views on several key issues in Haiti of concern
to the Congress and the American people relating to military
action in Haiti.
CONS:
Some Members of Congress will argue (as ~Mitchell did to you)
that the language in the DOD Appropriations Act was not
intended to give us a green light to act unilaterally;
others will argue that submitting the report is a cheap
attempt to avoid Congress' real interest, a vote.
Could goad Congress to vote, although this risk can be
minimized by controlling when the report is submitted.
Even if the War Powers Report formulation ("consistent
witW') is f6llowed in filing the DOD Appropriations report,
such a report might be seen as undercutting our position
that the President has independent constitutional authority
to act.
We have alerted the offices of Senators Mitchell and Nunn and
Representative Gephardt to the possibility we would be submitting
the report.
They have no objection.
If you agree we should submit the report, we recommend doing so
the day preceding military action.
(If you decide again~_,f.
submitting the report, we will nonetheless report to Congress
within 48 hours of military action, consistent with t~~ War
Powers Resolution.)
Secretary Christopher and the Justice Department also favor
submitting the report.
RECOMMENDATION
That you approve submitting the report prior to our
action.
Approv~
Disapprove
Attachment
Tab A DOD Appropr.i,at:!-_qns Act_,. of 1~_~4_, _ -~- - ~
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WJC HANDWRITING
�Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
SUBJECT!TITLE
DATE
RESTRICTION
001a. memo
Lawrence Rossin to Anthony Lake re: Talking Points for Telephone
Call to Haitian President Aristide (partial) (1 page)
09/20/1994
P5
001b. memo
Anthony Lake to POTUS re: Talking Points for Telephone Call to
President Aristide of Haiti (1 page)
ca. 09/1994
Telephone Call to Haitian President Jean-Bertrand Aristide (2 pages)
ca. 09/1994
P1/b(1)
001d. memo
Lake to POTUS re: Talking Points for Telephone Calls (1 page)
09/22/1994
Pl/b(1)
00 1e. talking
points
Telephone Call to Haitian President Jean-Bertrand Aristide (2 pages)
ca. 09/1,994
P1/b(1)
00 1f. talking
points
Telephone Call to U.S. Ambassador Bill Swing (1 page)
ca. 09/1994
P1/b(1)
001g. memo
[Duplicate of001d] (1 page)
09/2211994
P1/b(1)
00 1h. talking
points
[Duplicate of001e] (2 pages)
ca. 09/1994
P1/b(l)
001i. talking
points
[Duplicate of001t] (1 page)
ca. 09/1994
~ ~
P1/b(1)
001c. talking
points
t;2q
P1/b(l)
COLLECTION:
Clinton Presidential Records
NSC Records Management
([Haiti and Lake])
OA/Box Number: 481
FOLDER TITLE:
9407605
Rob Seibert
2006-0187-F
rs215
RESTRICTION CODES
Freedom of Information Act -(5 U.S.C. 552(b)]
Presidential Records Act -(44 U.S.C. 2204(a)(
b(l) National security classified information ((b)(l) 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]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
--. · :-· :·:-:-.:: ·:,.· _. ·.·:· · · .,..
· . __,.fi!!JlnciaUnstitutio~s:((b)(8) of the FOIA]
PRM. Personal record misfile defined in acco~danc~.w!~lij~ths:<;;.~~b(9)-R~I~as~ ~ouid~d!~c,f?~e 'g~logical or geophysical information
2201(3).
. .
(:,> ·f:·:1 ''"·~·'"";, •..; .... • ...,. . .• : . -~~nc~r~lng~~~~~ ((~)(~)._<!fthe FOIA]
RR. Document will be reviewed upon requei."~rft:: ;. , . :•.~. · 'J:1;T.r?~ EIBR1~Y: .P~9,~9tPPY
··i.•j
PI National Security Classified Information ((a)(l) of the PRA]
P2 Relating to the appointment to Federal office ((a)(2) of the PRA]
P3 Release would violate a Federal statute ((a)(3) of the PRA]
P4 Release would disclose trade secrets or confidential commercial or
financial information ((a)(4) of the PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors (a)(S) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy ((a)(6) of the PRA]
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7605
'
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20506
September 20, 1994
ACTION
MEMORANDUM FOR ANTHONY LAKE
ROSSI!~~
FROM:
LAWRENCE G.
SUBJECT:
Talking Points for
President Aristide
Tele~hone
Call to Haitian
.The Memorandum to the P~esident at Tab I proyides talking points
for ~phone cal~ to President AristideL OJ:t-Wedaegday .•
RECOMMENDATION
cw.oL A d
N1
ua.Jnv S ,, ,
w
That you sign the Memorandum to the President at Tab I.
Attachments
Tab I
Memorandum to the President
Tab A Talking Points
..c.DNFIBENTIAb-
DECLASSIFIED
E.O. 12958, As Amended,
White House Guidelines, A-ugust 28, 1997
By./1\lt\ MARA' Date 1c/'l/Gt
~~
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FOIA 2006-0187-F - Communications between Anthony Lake and President Clinton re: Haiti 7/1/94 – 9/24/94
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