Calvert Institute -
[Cached Version]
Published on: 5/1/2005
Last Visited: 9/23/2008
Gary E. Johnson (R.-N.M.): Donald E. Santarelli, Associate Deputy Attorney General of the United States, 1969-73; Administrator, Law Enforcement Assistance Administration, 1973-74; Dr. Robert L. Du Pont, President, Institute for Behavior and Health, Inc.; Director, National Institute on Drug Abuse, 1973-78; Director, White House Special Action Office for Drug Abuse Prevention,1973-75; Dr. Jerome H. Jaffe, Director, White House Special Action Office for Drug Abuse Prevention, 1971-73
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Donald Santarelli first came to public note as the principal criminal justice advisor in the early years of the Nixon administration.He played a part not only in the enactment of some of the early wiretap and bail reform legislation, but also in the 1968 drug law.
MR. SANTARELLI: The demon has been a bit dehorned by these subsequent years.Thank you for the generous introduction, and a contraposition with the distinguished governor, I'm not going to entertain you nearly as much.I now find in my mature years I tend to reflect more than talk.My wife says that she's disappointed that I have become no longer ableto keep up with her.
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As Don Santarelli said I am a physician, and like Jerry Jaffe, a psychiatrist.
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And the irony of that was, as Don said, nobody down at that White House seemed to give a damnwhat my political party was.
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Don was one of the people I worked with and I can tell you in my career I've never worked with as many talented people as we had
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MR. SANTARELLI: This is a largerquestion than just a microscope looking just at mandatory sentences.
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MR. SANTARELLI: Don't miss the point that this is a state action.
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MR. SANTARELLI: That's correct.The exception to those rules are health and safety, have always been permissible for intrusion.I merely take the proposition that I start with the presumption against intrusion.I don't say that I oppose this particular practice.I wanted to start with we should make judgments from a fundamental proposition, is intrusion into the privacy of the individual warranted by some significant public safety or public health issue?
DR. JAFFE: Don will recall that when we did the testing in Vietnam, the first thing we asked the President to do was to change the Code of Military Justice so that a positive on a drug test was no longer a basis for a court martial offense.
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MR. SANTARELLI: Where is that presumption in our present society; where is that presumption in your public debate; where is that presumption whenever you're confronted with the proposition that your legislature is about to do something?
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MR. SANTARELLI: You have to remember, there is no such thing as information that is secret.
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MR. SANTARELLI: That was before the world of the Internet and technology where you may transfer this information among the related parties.
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MR. SANTARELLI: You'll never get government out of the way.
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MR. SANTARELLI: Colorado.
GOVERNOR JOHNSON: No.
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MR. SANTARELLI: There is a clear endless tension between federal regulation and state regulation of human conduct.Typically health and safety have been state-regulated events.
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MR. SANTARELLI: I would take that policeman, in part because of my deep commitment to federalism, because I don't trust anybody with power, including the religious right.And I'm an old Roman Catholic.
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GOVERNOR JOHNSON: I couldn't have said it better than Don.
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MR. SANTARELLI: Let me add one more cost, and that's the ultimate cost, the cost of liberty.
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MR. SANTARELLI: Just like they do Pennsylvania and Virginia, state liquor stores, you sell one joint at a time.
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MR. SANTARELLI: The same guy who makes whiskey, with the guy from the BATF watching them pull the tap.
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MR. SANTARELLI: You couldn't buy a drink in Virginia when I was in school.
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MR. SANTARELLI: George is right.
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