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This file contains concerns requests for access from Congress, litigation related requests, FOIA requests, and Executive Branch requests. This notebook was originally compiled in June 1975 with many later Congressional requests subsequently added.
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24823982
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Nixon - Papers Access Requests Compilation (5)
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24823982
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Nixon - Papers Access Requests Compilation (5)
description
This file contains concerns requests for access from Congress, litigation related requests, FOIA requests, and Executive Branch requests. This notebook was originally compiled in June 1975 with many later Congressional requests subsequently added.
citationUrl
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
Vietnam (Republic)
Saudi Arabia
Nixon, Richard M. (Richard Milhous), 1913-1994
Executive-Legislative relations
Executive privilege (Government information)
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1976
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The original documents are located in Box 28, folder "Nixon - Papers Access Requests
Compilation (5)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 28 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
A B B T
Litigation Related Requests
June 20, 1975
Dear Mr. Guste:
This is in further response to your letter to me of May 21, 1975,
in which you requested copies of tape recorded conversations
between former President Nixon and H. R. Haldeman concerning
the Environmental Protection Agency's decision to ban DDT.
Enclosed is a letter dated June 13, 1973, from Mr. Herbert J.
Miller, Jr., counsel for Mr. Nixon, declining to accede to your
request. In view of the position taken by Mr. Miller, should
you wish to pursue this matter further, I recommend that you
contact him directly...
Sincerely,
Philip W. Buchen
Counsel to the President
The Honorable William J. Guste, Jr.
Attorney General
State of Louisiana Department of Justice
2-3-4 Leyola Building
New Orleans, Louisiana 70112
PWB:BNR:d1m
BERALD . FORD TIBRARY
LAW OFFICES
MILLER. CASSIDY, LARROCA & LEWIN
2555 M STREET. N.W. SUITE 500
WASHINGTON, D.C. 20037
AREA CODE 202
TELEPHONE 293-6400
HERBERT J. MILLER. JR.
JOSEPH S. MCCARTHY
JOHN JOSEPH CASSIDY
COURTNEY A. EVANS
RAYMOND G. LARROCA
OF COUNSEL
NATHAN LEWIN
June 13, 1975
MARTIN D. MINSKER
WILLIAM H. JEFFRESS. JR.
THOMAS D. ROWE. JR.
R. STAN MORTENSON
THOMAS B. CARR
Philip W. Buchen, Esquire
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
I have received your letter of May 31, 1975,
together with Mr. William Guste's request of May 21, 1975
seeking production of tape recordings or transcripts of
discussions between President Nixon and Mr. Haldeman
concerning the decision to ban the use of DDT. The loca-
tion and production of this conversation, if it exists,
would necessitate a search of numerous conversations
between a President and his aides, and others, and would
consequently involve a significant intrusion upon the
President's privilege of confidentiality. Therefore, as
counsel for former President Nixon, I do not consent to
either the search or the production of tapes or tran-
scripts.
Wegha, Herbert J. Miller, Jr.
Sincerely,
BENER FORD LIBRARY
May 31, 1975
Dear Mr. Guste:
This is in response to your letter of May 21, 1975,
in which you requested copies of tape recorded
conversations between former President Nixon and
H.R. Haldeman concerning the Environmental
Protection Agency's decision to ban DDT. As
Mr. Roth of my staff explained to you, your letter was
not received until after May 26, and I regret that therefore
we were unable to respond within the time period that
you had requested.
Such recordings, if any do exist, constitute "Presidential
materials of the Nixon Administration" within the
meaning of the Order of the United States District Court
for the District of Columbia, entered October 21, 1974,
as amended, in Nixon V. Sampson, et al., Civil Action
No. 74-1518, A copy of the relevant portion of this Order
is enclosed. This Order generally enjoins the disclosure,
transfer or disposal of these materials, and effectively
requires that former President Nixon or his agent consent
to any production or use of such materials for the limited
purposes specified in the Order. Accordingly, I have
referred your request to Mr. Herbert J. Miller, Jr.,
Counsel to Mr. Nixon, for his consideration.
For the time period of October-November 1971, during
which you believe that the requested conversations did take
place, there are in excess of eighty reels of tape.
Each reel, although varying in precise duration,
R. FORD LIBRARY
2
contains up to six hours of recorded conversations.
I am sure that you will understand that a request
of this scope does raise numerous practical problems,
in addition to the legal problems related to litigation
now in process involving the ownership of the Nixon
Presidential materials.
I will advise you further on this matter as soon as
1 learn of the position taken by Mr. Miller.
Sincerely,
Philip W. Buchen
Counsel to the President
The Honorable William J. Guste, Jr.
Attorney General
State of Louisiana Department of
Justice
2-3-4 Loyola Building
New Orleans, Louisiana 70112
Enclosure
PWB:BR:fcp
bcc: Herbert J. Miller, Jr., Esq.
SERVICE R. FORD LIBRARY
2
contains up to six hours of recorded conversations.
I am sure that you will understand that a request
of this scope does raise numerous practical problems,
in addition to the legal problems related to litigation
now in process involving the ownership of the Nixon
Presidential materials.
I will advise you further on this matter as soon as
I learn of the position taken by Mr. Miller.
Sincerely,
Philip W. Buchen
Counsel to the President
The Honorable William J. Guste, Jr.
Attorney General
State of Louisiana Department of
Justice
2-3-4 Loyola Building
New Orleans, Louisiana 70112
Enclosure
PWB:BR:fcp
bcc: Herbert J. Miller, Jr., Esq.
FORD & LIBRARY 03
THE WHITE HOUSE
WASHINGTON
May 28, 1975
MEMORANDUM FOR:
BARRY ROTH
FROM:
PHILIP BUCHEN P.
Please review this letter quickly, determine
what is feasible, and let me know what we
can tell Mr. Guste by tèlephone.
I do not know why the letter was so late
in reaching here.
Attachment
4/28
Explained to Guste or
phone that requires Nivor's
consent and the volume of
tapes required fur search.
Advised wov'd confirm n writing
BR
FORD 1 LIBRARY
State of Touisiana
DEPARTMENT OF JUSTICE
WILLIAM J. GUSTE, JR.
7TH FLOOR
ATTORNEY GENERAL
2-3-4 LOYOLA BUILDING
NEW ORLEANS 70112
May 21, 1975
Philip Buchen, Esquire
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
In June, 1972, the Administrator of the Environmental
Protection Agency (EPA) overruled Administrative Law Judge Sweeney
and barred the use of DDT, especially as an agriculture pesticide,
(37 F.R. 13369).
We have reason to believe that the decision to ban the
use of DDT may have been made by former President Richard Nixon
in October or November, 1971, on account of political rather than
environmental considerations. The reversal of the strong findings
of the administrative law judge, based on the evidence that a ban
on DDT could not be supported by scientific data, lends credence
to this belief.
We also have reason to believe that this 1971 decision
may have been made in the White House during a conference between
former President Richard Nixon and Chief of Staff H. R. Haldeman,
and is recorded on tape. We have contacted Special Prosecutor
Henry S. Ruth, Jr. and he has informed us that the 1971 conference
is not on the tapes subpoenaed by his office and now in the posses-
sion of U. S. District Judge John Sirica. Special Prosecutor Ruth
has suggested we contact you.
The State of Louisiana is presently before the United
States Court of Appeals for the Fifth Circuit (C.A. No. 75-2091)
in a suit against EPA to allow the emergency use of DDT on a mas-
sive infestation of tobacco budworm in Louisiana cotton fields.
Unless DDT is permitted to be used on an emergency basis, a $50 to
$60 million cotton crop loss will be suffered in Louisiana.
BERALD FORD LIBRARY
Philip Buchen, Esquire
May 21, 1975
p. 2.
Therefore, should the tapes exist, they would obviously
bear on the issue of whether there is substantial evidence to sup-
port the ban of DDT: and on the question of whether the EPA is
justified in denying the emergency use of DDT by Louisiana.
Therefore, we request that you advise us as to whether
such tapes do in fact exist. If they do, we request that you make
the tapes, or a transcript of their content available to us no
later than Monday, May 26, 1975, at which time we must present the
matter to Judge Charles Clark of the United States Court of Appeals.
Time is of the essence; therefore, a telephonic reply
would be appreciated.
Yours very truly
WILLIAM J. GUSTE, JR
Attorney General
WJGjr:ab
CERTIFIED
AIR MAIL-SPECIAL DELIVERY
FORD - 07VE30 LIBRARY
FOIA Requests
C F A A
June 7, 1975
Dear Ms. Schroeder:
This is in response to your letter of May 29, 1975, to Dr. James
H. Cavanaugh, Deputy Director of the Domestic Council, in
which you request on the basis of the Freedom of Information
Act, 5 U.S.C. 552, a copy of a "report prepared by the Office
of Science and Technology in 1972 which made policy recommendations
to the Executive Branch on the implementation of certain recommen-
dations made by the President's Commission on Population and the
American future.'
Although neither the White House nor the Domestic Council is
believed to be an agency for the purposes of the Freedom of
Information Act and is, therefore, not subject to its provisions
for mandatory disclosure, I did seek to determine whether this
report could be located. I have been advised that it cannot be
found in the current files of either the White House or the Domestic
Council.
As you may be aware, the "Presidential materials of the Nixon
Administration" presently in the custody of the White House are
subject to the Order of the United States District Court for the
District of Columbia, entered October 21, 1974, as amended, in
Nixon V. Sampson, et al., Civil Action No. 74-1518. This Order
enjoins any disclosure, transfer, disposal or search of these
materials except under certain limited circumstances not present
here. However, when the Office of Science and Technology was
terminated, its official files were deposited with the National
Archives and Records Service. Requests with respect to these
files should be directed to the Military Archives Division of the
National Archives and Records Service.
Sincerely,
1 FORD LIBRARY
Philip W. Buchen
Counsel to the President
The Honorable Patricia Schroeder
House of Representatives
Washington, D. C. 20515
PW BNR :dlm
bcc: Jim Cavanaugh
bac:
Dick Parsons
NEWETY-FOURTH CONGRESS
PATRICIA SCHROEDER. COLO., CHAIRWOMAN
WILLIAM LEHMAN, FLA.
STEPHEN L. NEAL. N.C.
OLADYS N. CPELLMAN, MD.
VALU M. BROOMEAD, MICH.
U.S. house of Representatives
SIMON, ILL.
SUBCOMMITTEE ON CENSUS AND POPULATION
ROUSSELOT, CALIF.
A:
/ W. HINSHAW, CALIF.
OF THE
EX OFFICIO:
COMMITTEE ON POST OFFICE AND CIVIL SERVICE
DAVID N. HENDERSON, N.C.
EDWARD J. DERWINSKI, ILL
601 HOUSE OFFICE BUILDING ANNEX
Hashington, D.C. 20515
May 29, 1975
James H. Cavanaugh
Deputy Director
Domestic Council
The White House
1600 Pennsylvania Avenue
Washington, D.C. 20500
Dear Mr. Cavanaugh:
I am writing with regard to a report prepared by the
Office of Science and Technology in 1972 which made
policy recommendations to the Executive Branch on the
implementation of certain recommendations made by the
President's Commission on Population and the American
Future.
I am requesting, under the Freedom of Information Act
(PL 89-487), that a copy of this report be made avail-
able to the Subcommittee on Census and Population. I
would appreciate it if this report could be made avail-
able to the Subcommittee as soon as possible.
With kind regards,
Sincerely,
Par
Patricia Schroeder
Chairwoman
SERVICE FORD LIBRARY
THE WHITE HOUSE
theys,
WASHINGTON
(coig.)
May 28, 1975
Dear Mr. Wolfi:
On behalf of the President, this is in response to your letter of
May 15, 1975, in which you request on the basis of the Freedom of
Information Act, 5 U.S.G. 552, copies of letters you believe to
have been written by former President Nixon on January 19, 1973,
to then-Prime Minister Heath and then-President Pompidou. You
indicate that these letters deal with White House support for the
Anglo-French Concorde supersonic air transport project.
These letters, if they do exist, would be part of the "Presidential
materials of the Nixon Administration, It which are presently in the
custody of either the White House or the General Services Administration.
These materials are subject to the Order of the United States District
Court for the District of Columbia, entered October 21, 1974, as
amended, in Nixon V. Sampson, et. al., Civil Action No. 74-1518.
This Order enjoins any disclosure, transfer, or disposal of the
above-referenced materials except under certain limited circum-
stances not present here. One issue in litigation is the availability
of the papers of a former President under the Freedom of Information
Act. In addition, I feel obliged to point out that the White House is
not believed to be an agency for the purpose of the Freedom of
Information Act, and is, therefore, not subject to its provisions for
mandatory disclosure.
Accordingly, for the reasons referred to above, your request is
respectfully denied.
BERALD R. FORD LIBRARY
Sincerely,
Plily
Philip W. Buchen
Counsel to the President
The Honorable Lester L. Wolff
House of Representatives
Washington, D. C. 20515
THE WHITE HOUSE
WASHINGTON
May 23, 1975
MEMORANDUM FOR:
BARRY ROTH
FROM:
PHILIP BUCHEN
T.W.B.
Attached is a copy of a letter from
Congressman Lester L. Wolff to the
President, on which our office is
to prepare a direct reply.
Kindly, after consulting with Bill
Casselman, prepare a draft reply to
the second paragraph of this letter.
Attachment
SERATE R. FORD LIBERTY
THE WHITE HOUSE
WASHINGTON
Cary)
May 23, 1975
MEMORANDUM FOR:
BARRY ROTH
FROM:
PHILIP BUCHEN
T.W.B.
Attached is a copy of a letter from
Congressman Lester L. Wolff to the
President, on which our office is
to prepare a direct reply.
Kindly, after consulting with Bill
Casselman, prepare a draft reply to
the second paragraph of this letter.
Attachment
STATES FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
May 23, 1975
MEMORANDUM FOR:
GENERAL SCOWCROFT
R.W.B.
FROM:
PHILIP BUCHEN
Attached is a copy of a letter to the
President from Congressman Lester Wolff.
You apparently received an information
copy from Vern Loen, who, however, asked
us to draft a reply.
I am having prepared in our office a
suggested response to paragraph 2 of
the letter, but on other aspects of
the letter I will need help from your
office.
Attachment
DERAID FORD LIBRARY
May 19, 1975
Dear Mr. Wolff:
This will acknowledge receipt of your May 15
letter to the President requesting information
concerning exchanges between the governments
of France and Britain and our government con-
cerning the Concorde, with particular reference
to correspondence of former President Nixon.
You may be assured that your letter will be
presented for consideration at the earliest opper-
tunity. I am certain you will hear further as
soon as possible.
With kind regards,
Sincerely,
Vernon C. Loen
Deputy Assistant
to the President
The Honorable Lester L. Wolff
SERVICE n. FORD LIBRARY
House of Representatives
Washington, D. C. 20515
Ascc: w/incoming to Philip Buchen for DIRECT REPLY.
bcc: w/incoming to General Scowcroft - for your information.
VCL:EF:VO:vo
LESTER L. WOLFF
OFFICES:
OTH DISTRICT, NEW YORK
2463 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, D.C.
MEMBER:
202-225-5956
COMMITTEE ON
INTERNATIONAL RELATIONS
Congress of the United States
156A MAIN STREET
PORT WASHINGTON, NEW YORK 11050
CHAIRMAN:
516-767-4343
SUBCOMMITTEE FUTURE FOREIGN
house of Representatives
POLICY RESEARCH AND DEVELOPMENT
214-07 42ND AVENUE
BAYSIDE, NEW YORK 11361
MEMBER:
SUBCOMMITTEE
Clashington, D.C. 20515
212-423-1050
INTERNATIONAL OPERATIONS
1ST VICE CHAIRMAN N.Y. STATE
DEMOCRATIC DELEGATION
COMMITTEE ON
VETERANS' AFFAIRS
MEMBER:
SUBCOMMITTEES:
BOARD OF VISITORS
HOSPITALS
U.S. MERCHANT MARINE ACADEMY
EDUCATION AND TRAINING
May 15, 1975
Dear Mr. President:
It has come to my attention that former President Nixon may have written
then-Prime Minister Heath, and then-President Pompidou, on Jan. 19, 1973,
indicating White House support for the Anglo-French Concorde supersonic air-
craft project. It is my further understanding that during his recent visit,
ME
Prime Minister Wilson discussed the Concorde project with you at some length.
In view of these reports, I am at this time formally requesting under the
provisions of the Freedom of Information Act, 5 U.S.C. 552, as amended by P.L.
93-502, that the Jan. 19, 1973 letters from former President Nixon, as mentioned
above, be released for study by those presently engaged in legal and legislative
activity bearing on the Concorde. I am the sponsor of legislation, H.R. 4933,
specifically dealing with the entire question of supersonic aircraft for com-
mercial purposes, and will require all relevant information in order to present
factual testimony at the appropriate time.
Along these lines, I would be' grateful to receive any information available
on what assurances are presently being given British and French authorities con-
cerning the Concorde and in behalf of our government. It is my understanding
that the Federal Aviation Administration has yet to make a formal decision on
the Concorde, and in view of the upcoming House hearings, it is essential that
we be informed of our government's position and dealings with foreign governments
on this vital matter.
I will close with the note that contrary to the official position of the FAA,
as stated in January of this year, the Concorde SST as presently designed is not
roughly similar to American aircraft now in service. According to FAA figures,
the Concorde exceeds by 40 and 20 percent the 707 and 747 respectively on take-
off, and exceeds by more than 100 percent the sideline noise of all American jets.
It is only on approach that Concorde is better than, or similar to, American
aircraft. Further, the recent National Academy of Sciences report on the harmful
effects of all high-flying aircraft to the upper atmosphere, specifically the ozone
layer -- with the accompanying implication of a grave skin cancer threat to the
citizens of the United States and the world - prompts me to urge that you
BERALD n. FORD JURANT
President of the United States
May 15, 1975
Page 2
make your own, independent, assessment of the advisability of allowing in
a foreign aircraft which fails to meet the environmental and other legal
standards being required of American aircraft. The dangers to the health
and welfare or our own people have been made abundantly clear since 1971,
when you, as a Member of this House, participated in the debate on an
American SST. I take the liberty today of assuring you, Mr. President,
that no evidence has been produced since then which would counter the wisdom
of Congress in rejecting an American SST as then designed.
Finally, let me assure you that no one would welcome a clean, safe and
economical SST more than I, Mr. President, and I wish that our French and
British friends had produced such an aircraft. I am not unmindful of the
financial and moral investment our allies have in Concorde, nor do I denigrate
your sincere interest in not complicating the already seriously threatened
economic posture of Britain and France. But the facts against the Concorde
as presently designed are clear, and overwhelming, and I again urge you to
take a new look at whatever commitments may exist in behalf of our government
on the Concorde SST.
Sincerely,
Lester L. Wolff
Member of Congress
The Honorable Gerald R. Ford
President of the United States
The White House
Washington, D.C.
LLW:cn
STATE R. FORD LIBRARY
May 16, 1975
Dear Mr. Hellegers:
This is in response to your letter of May 7, 1975, in which you request
a copy of a letter allegedly written by President Nixon to British Prime
Minister Heath and French President Pompidou on January 19, 1973.
Your request is made under the Freedom of Information Act (5 U.S.C.
552).
Please be advised that such a letter, if it exists, would be part of the
"Presidential materials of the Nixon Administration, which are presently
in the custody of the White House. These materials are subject to the
order of the United States District Court for the District of Columbia,
entered October 21, 1974, as amended, in Nixon V. Sampson, et al.,
Civil Action No. 74-1518. This order enjoins any disclosure, transfer,
or disposal of the above-referenced materials, except under certain
circumstances not present here. Moreover, the White House is not
believed to be an agency for the purposes of the Freedom of Information
Act, and is, therefore, not subject to its mandatory disclosure provisions.
Accordingly, for the reasons referred to above, your request is
respectfully denied.
Sincerely,
IP
Philip W. Buchen
Counsel to the President
Mr. John F. Hellegers
Washington Counsel
Environmental Defense Fund
1525 18th Street, N.W.
Washington, D.C. 20036
GERALD F FORD
WEC:bw
299
ENVIRONMENTAL
DEFENSE
FUND
1525 18th STREET, NW, WASHINGTON, D.C. 20036/202 833-14
May 7, 1975
Executive Office of the President
RE
The White House
Washington, D. C.
Dear Sirs:
On February 19, 1973, the Washington Post carried a story
by William Millinship of the London Observer which stated in
part that:
"President Nixon wrote to British Prime
Minister Heath and French President
Pompidou two weeks ago to say that he
would do all he could to insure that the Anglo-
French Concorde supersonic jet transport is
not discriminated against in America, it
has been learned.
"Mr. Nixon wrote on Jan. 19 [1973] in response to
letters from the British and French leaders ask-
ing about his administration's position on the
future of the Concorde."
If such a letter exists, and if it says what the Post story
suggests it does, this letter would contradict the Federal Avia-
tion Administration's present claim that it has still reached no
decision on whether to permit Concorde operations at John F.
Kennedy Airport in New York and Dulles Airport in Virginia.
If the FAA has indeed reached a decision on this issue--or had
such a decision imposed upon it from above--then the FAA's recent
public hearings on the issue, and its forthcoming environmental
impact statement, would be mere sham, and the FAA would thus be
in violation of the statutes under which the impact statement
and the hearings are required.
GETALO FORD LIBRARY
OFFICES IN: EAST SETAUKET, NY (MAIN OFFICE); NEW YORK CITY (PROGRAM SUPPORT OFFICE): WASHINGTON, DC; BERKELEY, CALIF.; DENVER, COL.
Executive Office of the President
May 7, 1975
Page 2
In order to clarify this critical point, the Environmental
Defense Fund hereby requests, pursuant to the Freedom of Informa-
tion Act, 5 U.S.C. $552, as amended by P.L.93-502, that the
Executive Office of the President make available the aforemen-
tioned letter from President Nixon.
We thank you for your cooperation.
Sincerely yours,
John Helleafs
John F. Hellegers
Washington Counsel
JFH:vad
Enc.
CC: Sen. Edward Brooke
Sen. James L. Buckley
Sen. Harry Byrd
Sen. Clifford Case
Sen. Alan Cranston
Sen. Philip Hart
Sen. Mark O. Hatfield
Sen. Hubert Humphrey
Sen. Jacob Javits
Sen. Edward M. Kennedy
Sen. Walter F. Mondale
Sen. Edmund S. Muskie
Sen. Charles H. Percy
Sen. William Scott
Sen. Adlai Stevenson
Sen. John V. Tunney
Rep. Bella Abzug
Rep. Joseph Addabo
Rep. Paul G. Rogers
Rep. James Scheuer
Rep. Lester Wolff
Rep. John Wydler
Rep. Samuel H. Young
R. FORD LIBRAGY
Fair Shake
2661
Promised
Concorde
Fes.
By William Millinship
London Observer
President Nixon wrote to
:4 British Prime Minister Heath
Post,
and French President Pompi-
dou two weeks ago to say that
he would do all he could to in-
sure that the Anglo-French
Concorde supersonic jet trans-
port is not discriminated
against in America, it has
been learned-
Environmentalists have op-
posed giving the plane landing
rights at U.S. airports because
of its high noise level and the
semi-permanent trail it leaves
behind. They contributed to
the defeat of the administra-
tion-backed supersonic trans-
port (SST) project on similar
grounds.
Mr. Nixon wrote on Jan. 19
in response to letters from the
British and -French leaders
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
Incoming sent
Central Filed
April 14, 1975
L EV
Dear Mr. Moxon:
This is in response to your letter dated April 8, 1975, in
which you requested access to any records maintained by
former administrations that deal with the Founding Church
of Scientology.
The White House is presently subject to the Order of the
United States District Court for the District of Columbia,
entered October 21, 1974, as amended, in Nixon V.
Sampson, et al., Civil Action No. 74-1518, prohibiting the
disclosure of the contents of the "Presidential materials of
the Nixon Administration. Therefore, no search has been
made to determine whether any such documents are contained
within these materials. With respect to the Presidential
materials of other administrations, such materials are not
maintained in the White House, but have generally been
deposited by the departing President OF his family in a
Presidential Library, Any requests for these materials should
be directed to the respective Presidential library or to the
National Archives and Records Service of the General Service
Administration.
Sincerely,
William E. Casselman II
Counsel to the President
Mr. Kendrick L. Moxon
The Founding Church of Scientology
Of Washington, D. C.
2125 S Street, NW.
Washington, D. C. 20008
1. FORD LIBRARY
BNR
LE8
March 26, 1975
Dear Mr. Grishkevich:
This is in response to your letter dated November 4, 1974, in which
you requested access to certain logs and other documents on the basis
of the Freedom of Information Act.
The White House Office is not believed to be an agency for the purposes
of this Act and is, therefore, not subject to its mandatory disclosure
provisions. In addition, the White House is presently subject to the
Order of the United States District Court for the District of Columbia,
entered October 21, 1974, as amended, in Nixon V. Sampson, et al.,
Civil Action No. 74-1518, which prohibits the disclosure of the contents
of the "Presidential materials of the Nixon Administration", and which
includes those staff files and other records of Peter M. Flanigan that
you have requested.
With respect totthe papers and other materials of then Congressman
Ford, these are neither public documents nor are they "records"
within the meaning of the Freedom of Information Act. With respect
to the papers and other materials of former Vice President Agnew, it
is our understanding that such materials are not in the custody or
control of the Federal Government. In addition, the Vice President
has been considered to be an agency for the purpose of the Freedom
of Information Act.
For the reasons referred to above, your requests are hereby denied.
Sincerely,
William E. Casselman II
Counsel to the President
Mr. Alex Grishkevich
25 Chase Avenue
Avenel, New Jersey 07001
BNR:ns
BERALE N. FORD LIBRANT
24B
Philip W. Buchen, Esq.
Counsel to the President
of the United States
The White' House
Washington, D.C. 20050
Dear Mr. Buchen:
Please tell me if the Exec-
utive branch of Government has in its possession and un-
der its control all records and logs reflecting meetings
and telephone conversations of Peter M. Flanigan, when
he was Assistant to the President of the United States,
between November I, I969, and November 30, I969.
I, by letter dated May 30,
1974, requested access to all records and logs reflect-
ing meetings and telephone conversations of Peter M. Flan-
igan, Assistant to the President of the United States, be-
tween November I, I969, and November 30, I969, for my per-
sonal inspection.
By letter dated June I5,
I974, bearing a signature in the name of George P. Williams,
as Associate Counsel to the President, Peter M. Flanigan
refused to allow me access to all records and logs reflect-
ing meetings and telephone conversations of Peter M. Flan-
igan between November I, I969, and November 30, I969.
Pursuant to Section 3 of the
Administrative Procedures Act, as amended by the Freedom
of Information Act of July 4, I967, 5 USC 552(a) (3), all
records and logs reflecting the meetings and telephone
conversations of Peter M. Flanigan between November I,
I969, and November 30, I969, are public records, and,
therefore, are open to public inspection during reason-
able business hours.
If the Executive branch of
Government has in its possession and under its control all
records and logs reflecting meetings and telephone conver-
sations of Peter M. Flanigan, Assistant to the President
of the United States, between November I, I969, and Novem-
ber 30, I969, I hereby again request access to those said
papers, documents, and tangible things.
If the Executive branch
FORD & LIBRARY
of Government does not have in its possession and under
its control the above said papers, documents, and tangi-
ble things, please tell me in whose possession and under
whose control all records and logs reflecting meetings
and telephone conversations of Peter M. Flanigan, Assist-
ant to the President of the United States, between Novem-
ber I, and November 30, I969, are so that this request
may be made to them.
Also, please tell me if the
President has in his possession and under his control all
records and logs reflecting his meetings and telephone
conversations between February I7, and March IO, I969,
while he was a member of Congress from the Fifth Congres-
sional District of the State of Michigan.
If all records and logs re-
flecting his meetings and telephone conversations between
February I7, and March IO, 1969, are in his possession and
under his control, I hereby request access to the said pa-
pers, documents, and tangible things.
If the President does not
have in his possession and under his control all records
and logs reflecting his meetings and telephone conversa-
tions between February I7, and March IO, I969, while he
was a member of Congress from the Fifth Congressional Dis-
trict of the State of Michigan, please tell me in whose
possession and under whose control the said papers, docu-
ments, and tangible things are in order that this request
may be made to them.
Also, please tell me if the
President has in his possession and under his control all
records and logs reflecting his meetings and telephone
conversations between September IO, and September 24, 1969,
while he was a member of Congress from the Fifth Congres-
sional District of the State of Michigan.
If all records and logs re-
flecting his meetings and telephone conversations between
September IO, and September 24, I969, are in his possession
and under his control, I hereby request access to the said
papers, documents, and tangible things.
If the President does not
&
FORD
have in his possession and under his control all records
DERALD
LIBRARY
and logs reflecting his meetings and telephone conversa-
tions between September IO, and September 24, I969, while
he was a member of Congress from the Fifth Congressional
District of the State of Michigan, please tell me in whose
possession and under whose control the said papers, docu-
ments, and tangible things are in order that this request
may be made to them.
Also, please tell me if the
Executive branch of Government has in its possession and
under its control all records and logs reflecting meetings
and telephone conversations of Peter M. Flanigan, while he
was Assistant to the President of the United States, be-
tween September IO, and September 24, 1969.
If the Executive branch of
Government has in its possession and under its control all
records and logs reflecting meetings and telephone conver-
sations of Peter M. Flanigan, while he was Assistant to the
President of the United States, I hereby request access to
those said papers, documents, and tangible things.
If the Executive branch of
Government does not have in its possession and under its
control the above said papers, documents, and tangible
things, please tell me in whose possession and under whose
control all records and logs reflecting meetings and tele-
phone conversations of Peter M. Flanigan, while he was As-
sistant to the President of the United States, between
September IO, and September 24, 1969, are in order that
this request may be made to them.
Pursuant to Section 3 of the
Administrative Procedures Act, as amended by the Freedom
of Information Act of July 4, 1967, 5 USC 552(a) (3), all
records and logs reflecting the meetings and telephone con-
versations of Gerald R. Ford between February I7, and March
IO, I969, and between September IO, and September 24, I969,
and all records and logs reflecting the meetings and tele-
phone conversations of Peter M. Flanigan, between September
IO, and September 24, I969, are public records, and, there-
fore, are open to public inspection during reasonable busi-
ness hours.
Also, please tell me if the
Executive branch of Government has in its possession and
under its control all records and logs reflecting meetings
FORD
BERALD
warrant
and telephone conversations of Spiro T. Agnew, while he
was the Vice President of the United States, and Peter J.
Malatesta, while he was a staff member for national af-
fairs of the Office of the Vice President of the United
States, between May II, 1972, and December 24, 1972.
If the Executive branch of
Government has in its possession and under its control all
records and logs reflecting meetings and telephone conver-
sations of Spiro T. Agnew, while he was the Vice President
of the United States, and Peter J. Malatesta, while he
was a staff member for national affairs of the Office of
the Vice President of the United States, between May II,
1972, and December 24, 1972, I hereby request access to
those said papers, documents, and tangible things.
If the Executive branch of
Government does not have in its possession and under its
control the above said papers, documents, and tangible
things, please tell me in whose possession and under whose
control all records and logs reflecting meetings and tele-
phone conversations of Spiro T. Agnew, while he was the
Vice President of the United States, and Peter J. Malatesta,
while he was a staff member for national affairs of the
Office of the Vice President of the United States, between
May II, 1972, and December 24, 1972, are in order that
this request may be made to them.
Pursuant to Section 3 of the
Administrative Procedures Act, as amended by the Freedom
of Information Act of July 4, I967, 5 USC 552 (a) (3), all
records and logs reflecting the meetings and telephone
conversations of Spiro T. Agnew, while he was the Vice
President of the United States, and Peter J. Malatesta,
while he was a staff member for national affairs of the
Office of the Vice President of the United States, are
public records, and, therefore, are open to public inspec-
tion during reasonable business hours.
Please take notice that if
these requests are not met within a reasonable length of
time I will seek preliminary and final injunction against
FORD i 014838 LIBRARY
withholding this information and ordering that it be dis-
closed in the United States District Court for the Dis-
trict of New Jersey.
Alec Sincerely, Grishkevich
ALEC GRISHKEVICH
25 Chase Avenue
Avenel, New Jersey 0700I
November 4, I974
FORD & GIVERS LIBERA
Exec. Branch Requests
D H A A
June 20, 1975
Re: United States v. Carter Camp, Stanley Holder
and Leonard Crow Dog - Electronic Surveillance
Information Request
Dear Mr. Keeney:
This is in further response to your letter to me of June 4, 1975,
in which you inquired as to whether any records in the White
House indicated electronic surveillance of the above-named
defendants, their attorneys and certain other individuals.
Enclosed is a letter dated June 13, 1975, from Mr. Herbert J.
Miller, Jr., counsel for Mr. Nixon, declining to accede to your
request insofar as it pertains to the "Presidential materials
of the Nixon Administration. # In view of the position taken by
Mr. Miller, should you wish to pursue this matter further, I
recommend that you contact him directly.
Sincerely,
Philip W. Buchen
Counsel to the President
Mr. John C. Keeney
Acting Assistant Attorney General
Criminal Division
Department of Justice
Washington, D. C. 20530
BNR:d1m
TORD & LIBRARY
LAW OFFICES
MILLER. CASSIDY, LARROCA & LEWIN
2555 M STREET. N.W. . SUITE 500
WASHINGTON, D.C. 20037
AREA CODE 202
TELEPHONE 293-6400
HERBERT J. MILLER. JR.
JOSEPH S. MCCARTHY
JOHN JOSEPH CASSIDY
COURTNEY A. EVANS
RAYMOND G. LARROCA
OF COUNSEL
NATHAN LEWIN
June 13, 1975
MARTIN D. MINSKER
WILLIAM H. JEFFRESS. JR.
THOMAS D. ROWE. JR.
R. STAN MORTENSON
THOMAS B. CARR
Philip W. Buchen, Esquire
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
I have received your inquiry concerning Mr. John
C. Kenney's request for a search of the files of the Nixon
Administration for the purpose of determining whether electronic
surveillance was conducted on Messrs. Carter Camp, Stanley
Holder or Leon Crow Dog by any member of the White House
staff during President Nixon's Administration. Response
to this request would necessitate the review of a large
quantity of former President Nixon's presidential materials
and therefore would involve a singificant intrusion upon
the presidential privilege of confidentiality. Therefore,
as counsel for Mr. Nixon, I do not consent to the production
of the information requested nor to a search of Mr. Nixon's
presidential materials for the purpose of determining
whether such information exists.
Sincerely
Herbert J. Miller, Jr.
HJM/s1
FORD . LIBRARY STATE
June 10, 1975
Re: United States V. Carter Camp, Stanley Holder,
and Leonard Crow Dog - Electronic Surveillance
Information Request
Dear Mr. Keeney:
This is in response to your letter of June 4, 1975, in which you
inquired as to whether any records in the White House indicated
electronic surveillance of the above-named defendants, their
attorneys and certain other individuals. During the present
Administration, no electronic surveillance has been conducted
by any member of the White House staff, and no information
relating to such electronic surveillance is among the current
White House files.
To the extent your inquiry requires a search of the files of the
Nixon Administration, you should be aware that these files
constitute "Presidential materials of the Nixon Administration"
within the meaning of the Order of the United States District
Court for the District of Columbia, entered October 21, 1974,
as amended, in Nixon V. Sampson, et al., Civil Action No. 74-
1518. This Order generally enjoins the search, disclosure,
transfer or disposal of these materials, and effectively requires
that President Nixon or his agent consent to any production or use
of such materials for the limited purposes specified in the Order.
At the same time, the Order specifically provides that it is not
a bar to the production of the Nixon Presidential materials
pursuant to a validly issued subpoena, discovery demand, or
court order in any civil or criminal case.
It is, therefore, not possible for this office to search these files
without the consent of Mr. Nixon or his counsel, Mr. Herbert J.
Miller, Jr. Accordingly, I have referred your request to
FORD & LIBRARY
- 2 -
Mr. Miller, and I will advise you further as soon as I learn
of the position he takes on this matter.
Sincerely,
Philip W. Buchen.
Counsel to the President
Mr. John C. Keeney
Acting Assistant Attorney General
Department of Justice
Washington, D. C. 20530
ce: Kenneth L. Fields
bcc: Herbert J. Miller, Jr., Esq.
(w/enclosures)
PWB:BNR:d1m
ASSISTANT ATTORNEY GENERAL
CRIMINAL DIVISION
Department of Justice
Mashington 20530
June 4 1975
Mr. Philip W. Buchen
Counsel to the President
Executive Office of the President
Washington, D.C.
Re: United States V. Carter Camp, Stanley Holder,
and Leonard Crow Dog - Electronic Surveillance
Information Request
Dear Mr. Buchen:
On November 16, 1973 we requested information as to whether your
agency had engaged in any electronic surveillance with respect to these
and other individuals. Defendants Camp, Holder and Crow Dog are presently
being tried. On May 30, 1975 the court ordered the government to provide
an update to your response to our November 16, 1973 communication. For
ease of reference, a copy of our November 16 communication and an attach-
ment thereto containing names and addresses of defendants and defense
counsel as well as your response are attached. In addition, the court has
ordered the name of Frances C. Schreiberg be added to the list. Available
information concerning Ms. Schreiberg and the addresses and telephone
numbers to be checked are as follows:
Current
Room 707, Hotel Roosevelt
Cedar Rapids, Iowa
319-364-4111 #7707
March 1973 - June 1973
217 Thompson Street
Apartment 27
New York, New York
212-475-9284
March - June 1973
351 Broadway - 3rd floor
New York, New York
212-966-7110
GERALD LIBRARY ? FORD
- 2 -
National Lawyer's Guild
23 Cornelia Street
New York, New York
212-989-3222
212-255-8028
June 1973 - July 1973
2111 Jefferson Davis Highway
Apartment 215-N
Arlington, Virginia
703-521-7253
July 1973 - Present
1118 Colosa Avenue
Berkley, California
415-525-2495
July 1973 to April 1975
Contra Costa County Public Defender
919 Pine Street
Martinez, California
415-228-3000 #2481
3811 Bissell
Richmond, California
415-233-7060 #3233
Wounded Knee Legal Offense/Defense Counsel
315 East 15th Street
Sioux Falls, South Dakota
605-334-0329
Wounded Knee Legal Offense/Defense Counsel
P. 0. Box 918
Council Bluffs, Iowa
712-328-9406
Wounded Knee Legal Offense/Defense Counsel
110 Glenn
Council Bluffs, Iowa
712-322-9999
BERALD ? FORD
- 3 -
Wounded Knee Legal Offense/Defense Counsel
P. 0. Box 445
3rd Avenue & 6th Street
Cedar Rapids, Iowa
319-366-8413
United States Court House
Room 106/110
Cedar Rapids, Iowa
319-366-7250
Hotel Roosevelt, Room 709
Cedar Rapids, Iowa
319-364-4111 #7709
Wounded Knee Legal Offense/Defense Counsel
Court House
Lincoln, Nebraska
402-471-5234
Wounded Knee Legal Offense/Defense Counsel
P. O. Box 80931
Lincoln, Nebraska
407-799-2485
United States Air Force Barracks
Lincoln, Nebraska
407-799-2485
Joe Beeler
12 D Suite
407 Lincoln Road
Miami Beach, Florida
305-672-1811 & 1812
750 N.E. 61st Street
Apartment 102
Miami, Florida
305-751-3808, 3809
Fox & Rohovit
212 Dey Building
Iowa City, Iowa
319-337-3702
J. Jane Fox
320 River Street
Iowa City, Iowa
319-338-5077
- 4 -
The court has ordered that the government respond to this request
by 9:00 a.m., June 5, 1975. Obviously, this time limit is extremely short.
It is therefore requested that you provide this information as expeditiously
as possible in writing and in addition, contact attorneys, Roger C. Adams
or Kenneth' L. Fields, General Crimes Section, Criminal Division, 739-2745,
when you have completed your response.
Your attention to this matter is appreciated.
Sincerely,
John li Keeney JOHN C. KEENEY Keeny
Acting Assistant Attorney General
Encl.
BERALD R. FORD LIBRARD
May 6, 1975
Dear Mr. Belin:
This is in response to your letter of April 22, 1975,
requesting access by your staff to the Presidential
materials of the Nixon Administration, and Finding
aids related thereto, in my custody and that of the
Administrator of General Services.
Enclosed is a copy of a letter which I received today
from Herbert J. Miller, Jr., attorney for former
President Nixon, concerning your request. Please be
advised that Mr. Miller has objected to production of
the above-cited materials and finding aids to the
Commission or its staff. In the event steps are taken
to permit such production, Mr. Miller has further stated
that he will seek appropriate sanctions under outstanding
court orders, or take such other actions as he deems
necessary, in order to protect the rights of his client.
By copies of this letter, I am informing Irwin Goldbloom
of the Department of Justice and Arthur F. Sampson,
Administrator of General Services, of the position taken
by Mr. Miller.
Sincerely,
Philip W. Buchen
Counsel to the President
The Honorable David W. Belin
Executive Director
Commission on CIA Activities
Within the United States
Washington, D. C. 20500
CC: Erwin Goldbloom, Esq.
The Honorable Arthur Sampson
BEHALD LIBRANT FORD
LAW OFFICES
MILLER, CASSIDY. LARROCA & LEWIN
2555 M STREET. N.W. SUITE 500
WASHINGTON, D. C. 20037
AREA CODE 202
TELEPHONE 293-6400
HERBERT J. MILLER. JR.
JOSEPH S. MCCARTH
JOHN JOSEPH CASSIDY
COURTNEY A. EVAN
RAYMOND G. LARROCA
OF COUNSEL
NATHAN LEWIN
MARTIN D. MINSKER
WILLIAM H. JEFFRESS. JR.
THOMAS D. ROWE. JR.
R. STAN MORTENSON
THOMAS B. CARR
May 5, 1975
Mr. Philip W. Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
By letter of April 22, 1975, I was informed by
Mr. David Belin, Executive Director of the Commission on
CIA Activities within the United States, that he had formal-
1y requested access to Mr. Nixon's presidential materials.
He enclosed with his letter copies of two letters sent by
him to you and Mr. Arthur Sampson requesting production
of all materials relevant to a conversation between Presi-
dent Nixon and Richard Helms on October 8, 1971 as well as
all materials relating to requests for assistance and sup-
port directed by President Nixon and members of the White
House staff to the CIA which pertained to matters other
than foreign intelligence. In addition, Mr. Belin requested
access to copies of various finding aides to the Nixon
presidential materials.
On April 28, 1975, I received a copy of Mr.
Sampson's letter to you stating that if you consent to
the Commission's request for access he will make arrange-
ments with members of the Commission's staff regarding the
requested access.
I am writing to inform you that I object to the
Commission's request for access to my client's presidential
materials and accordingly will not waive my right to be
present during the search that would be a necessary pre-
requisite to complying with the Commission's request. Not-
withstanding the Commission's characterization of its own
request, it is not, in my opinion, for "purposes of current
government business" as that term is to be construed in
FORD - LIBRARY
Mr. Philip W. Buchen
May 5, 1975
Page Two
the order of the United States District Court for the District
of Columbia in Nixon v. Sampson, dated October 22, 1974.
The limited scope of the "current government business"
provision is reflected by the fact that the Special Prose-
cutor, who is a party to the Nixon V. Sampson litigation,
has not had access to the presidential materials under the
"current government business" provision of the order and
has not attempted to invoke that provision to gain access.
At minimum, the Commission's request stands on the same
footing as requests for access to the presidential materials
by the Special Prosecutor. Because the Commission's request
does not qualify under the "current government business"
provision, Mr. Nixon's or my consent is required before
access by the Commission to any of the presidential materials
can be permitted. You do not have that consent.
With regard to the Commission's request for access
to certain finding aids to the presidential materials, you
will recall that the indexes to a large portion of the
materials were created pursuant to a specific understanding,
reached in conjunction with a request by the Special Pro-
secutor for access to the materials, under which those
indexes are to be considered my work product generated
for the purpose of determining in what manner to respond
to the Special Prosecutor's requests. Consequently, they
are not available for any other purpose without my consent.
In light of the foregoing, I must inform you
that if steps are taken to permit production of these
materials to the Commission or its staff despite my stated
objection, I will seek appropriate sanctions for violation
of the outstanding restraining orders or take such other
action as I deem necessary to preserve my client's rights.
Sincerely
Legula Herbert A Miller, Jr
HJM:nka
GERALD FORD LIBRARY
COMMISSION ON CIA ACTIVITIES WITHIN THE UNITED STATES
Washington, DC 20500
Nelson A. Rockefeller,
David W. Belin,
Chairman
Executive Director
John T. Connor
C. Douglas Dillon
Erwin N. Griswold
Lane Kirkland
April 22, 1975
Lyman L. Lemnitzer
Ronald Reagan
Edgar F. Shannon, Jr.
Honorable Philip W. Buchen
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
Pursuant to Executive Order No. 11828, dated January 4, 1975,
this Commission is directed to ascertain and evaluate facts
relating to activities conducted within the United States by the
Central Intelligence Agency, to determine the adequacy of
existing safeguards and make appropriate recommendations to
the President and others.
Information developed in the course of this investigation indicates
that access will be required to materials of former President
Nixon now in your custody and that of the Administrator of General
Services.
The materials required are those relating to requests for assistance
and support directed by President Nixon and members of the White
House staff to the CIA which pertained to matters other than foreign
intelligence.
Request is made for access to such materials, and to all finding
aids related thereto, now in your custody. In particular, and
without limiting the generality of this request, we would like to
examine all memoranda, tapes and documents relating to a meeting
between President Nixon and Richard Helms on October 8, 1971.
BERALD FORD
2
You will understand, however, that it is not possible to make the
balance of our request more specific at this time in view of the
fact that we have not been provided with access to finding aids
or other information of this type.
In our opinion this request falls within the terms of the order
of the United States District Court for the District of Columbia
in Nixon V Sampson, dated October 22, 1974, as being for
"purposes of current government business. "
Accordingly, it is requested that the Commission's staff be given
access to the above described materials and finding aids now in
your possession or in the possession of the Administrator of
General Services.
Request is also made that notice of this request be given to counsel
for former President Nixon.
Very truly yours,
w
David W. Belin
Executive Director
cc: Honorable Arthur F. Sampson
FORD & LIBRARY
UNITED STATES OF AMERICA
#
$
#
GENERAL SERVICES ADMINISTRATION
#
WASHINGTON, D.C. 20405
#
#
GENERAL SERVICES
*
ADMINIS TRATION
#
APR 28 1975
Honorable Philip W. Buchen
Counsel to the President
The White House
Washington, DC 20500
Dear Mr. Buchen:
Attached hereto is a request from the Commission on CIA
Activities Within the United States for access to the Nixon
Presidential Materials for the purposes of current government
business.
In accordance with the order of the United States District Court
for the District of Columbia in Nixon VS. Sampson et. al., dated
October 22, 1974, this access requires your consent and notification
to Counsel for Plaintiff Richard M. Nixon.
Please let me know whether consent is granted, in which case we
will make arrangements with members of the Commission staff
regarding the requested access.
Sincerely,
ARTHUR F SAMPSON
Administrator
Enclosure
CC: Herbert J. Miller, Jr., Esq.
Counsel for Richard M. Nixon
David W. Berlin, Executive Director
Comm. on CIA Activities Within the
United States
BERAUB R. FORD LIBRARY
Keep Freedom in Your Future With U.S. Savings Bonds
COMMISSION ON CIA ACTIVITIES WITHIN THE UNITED STATES
Washington, DC 20500
Jelson A. Rockefeller,
David W. Belin,
Chairman
Executive Director
John T. Connor
C. Douglas Dillon
Erwin N. Griswold
Lane Kirkland
April 22, 1975
Lyman L. Lemnitzer
Ronald Reagan
Edgar F. Shannon, Jr.
Honorable Arthur F. Sampson
Administrator of General Services
Washington, D. C.
Dear Sir:
Pursuant to Executive Order No. 11828, dated January 4, 1975,
this Commission is directed to ascertain and evaluate facts
relating to activities conducted within the United States by the
Central Intelligence Agency, to determine the adequacy of
existing safeguards and make appropriate recommendations to
the President and others.
Information developed in the course of this investigation indicates
that access will be required to materials of former President
Nixon now in your custody and that of Counsel to the President.
The materials required are those relating to requests for assistance
and support directed by President Nixon and members of the White
House staff to the CIA which pertained to matters other than foreign
intelligence.
Request is made for access to such materials, and to all finding
aids related thereto, now in your custody. In particular, and
without limiting the generality of this request, we would like to
examine all memoranda, tapes and documents relating to a meeting
between President Nixon and Richard Helms on October 8, 1971.
You will understand, however, that it is not possible to make the
balance of our request more specific at this time in view of the
fact that we have not been provided with access to finding aids
or other information of this type.
FORD
2
In our opinion this request falls within the terms of the order
of the United States District Court for the District of Columbia
in Nixon V Sampson, dated October 22, 1974, as being for
"purposes of current government business. 11
Accordingly, it is requested that the Commission's staff be given
access to the above described materials and finding aids now in
your possession or in. the possession of the Counsel to the
President.
Very truly yours,
David W. Belin
Executive Director
CC: Honorable Philip W. Buchen
3
TOROD & LIBRARY
COMMISSION ON CIA ACTIVITIES WITHIN THE UNITED STATES
Washington, DC 20500
lelson A. Rockefeller,
David W. Belin,
Chairman
Executive Director
John T. Connor
C. Douglas Dillon
Erwin N. Griswold
April 22, 1975
Lane Kirkland
Lyman L. Lemnitzer
Ronald Reagan
Edgar F. Shannon, Jr.
Herbert J. Miller, Esq.
1320 19th Street, N. W..
Washington, D. C.
Dear Mr. Miller:
We have previously had correspondence and communications,
including a meeting at your office on or about April 1, 1975, in
which we advised you of the Commission's desire for an interview
with former President Nixon and for access to certain of his
Presidential papers. We told you that the Commission attaches
considerable importance to discussing the various questions
before it with the only living ex-President, particularly in view
of the many issues concerning the proper role of the CIA which
arose during President Nixon's administration. We also told
you that we were entirely prepared to make any reasonable
arrangements to suit Mr. Nixon's convenience, including inter-
viewing him informally at his home and accepting agreed limitations
on access to the documents.
While it is not feasible to outline for you in detail the subject
matter of the proposed interview, the Commission would like to
explore the working relationship between the President of the
United States and the Director of Central Intelligence. Cbviously,
the opportunity to do this is limited and Mr. Nixon's views and
experiences are of great historical significance. In addition,
the Commission would like to discuss with former President Nixon
the kinds of directions and requests for information, assistance
and support given to the CIA, the procedure for doing so, the
procedure for authorizing and clearing such matters, and the
FORD
LIBRARY
2
nature of the President's control over CIA activities. We are
interested in Mr. Nixon's views and opinions on the appropriate
uses and functions of the CIA, and in his recommendations based
on his experience on means of controlling its operations, with
particular reference to domestic activities.
Our purpose in making the Commission's request in an informal
manner was to seek an opportunity to arrive at a mutually satis-
factory arrangement.
Regrettably we have had no response from you. As you know,
the Commission's term expires a little more than a month from
now and if Mr. Nixon's views and documents are to be considered
in connection with this investigation, steps to obtain them must
be taken promptly. We therefore ask that the Commission have
a reply from Mr. Nixon or you within the next few days.
Meanwhile we are submitting formal requests for access to
Mr. Nixon's Presidential papers in accordance with the order
of Judge Richey, copies of which are enclosed.
We look forward to hearing from you at your earliest convenience.
Very truly yours,
David W. Belin
Executive Director
Enclosures
FORD STATES LIBRARY