on impact of concession in Bob Jones case.

Memorandum from Civil Rights Division,
Head, William Bradford Reynolds, to
Attorney General Smith justifying change
in Administration's position on Bob Jones

Memorandum from Treasury Assistant
Secretary for Public Affairs, Ann
Dore McLaughlin, to Deputy Secretary
McNamar on "press strategy" for releasing
Bob Jones decision.

Memorandum from Ann Dore McLaughlin,
Treasury Assistant Secretary, to

Dave Gergen, White House Communications
Director and Tom DeCair, Justice Public
Affairs Director on "press strategy".

Memorandum from IRS Chief Counsel
Gideon to Treasury Deputy General Counsel
Waxman, advising on formulation of
Government's concession statement in
Bob Jones.

Letter from IRS Chief Counsel Gideon to Civil Rights Division Head Reynolds . on formulation of Government's concession statement in Bob Jones.

these letters indicate, I am deeply concerned vernment's position in this litigation. It is hich is both legally and politically indefensible. it disregards the Congress by ignoring the Congressional intent as expressed in the Ashbrook

I appreciate your working with the Service to ts position.

nd regards and best wishes, I am

Sincerely

yours,

Muut Lett

Trent Lott.

418938

Solicitor General Rex Lee regarding the position ta Service before the Supreme Court in Bob Jones Unive States. I am delighted that the Service has persua to hear the case, but I am deeply disturbed that th urging a resolution completely contrary to the repe of the Congress.

I understand the difficult position in which self in Green v. Regan when you took office. The d the Service to perform certain acts contrary to the time for appeal had expired. I appreciated your e intervention by interested parties to assert the po felt the Service was barred from adopting.

Nevertheless, I cannot understand the Service this case, the outcome of which will clearly contr the Green case. No court has ordered the Service and you are free to urge your own construction of (3) before the Court. The Service is bound neither nor by the advice of its own lawyers, but you have chosen a position clearly contrary to Congressiona

I do not wish to rehearse the legal arguments letter to General Lee. Rather, I wish to point ou result of a Court decision in line with the Servic efforts in the future to enforce your interpretati squarely into the bar of the Ashbrook Amendment. Senate Committee have responded to your contention language does not include court orders by adding t to the Amendment. The seeds of a major confrontat three branches of government are plainly present i position.