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24823988
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Nixon - Papers Court Cases - Nixon v. Sampson (2)
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24823988
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Nixon - Papers Court Cases - Nixon v. Sampson (2)
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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General Services Administration. (07/01/1949 - )
Nixon, Richard M. (Richard Milhous), 1913-1994
Watergate Affair, 1972-1974
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24823988
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1975-02-01
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1975
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1974-10-01
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1974
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The original documents are located in Box 29, folder "Nixon - Papers Court Cases - Nixon V. Sampson (2)" 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 29 of the Philip Buchen Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE WASHINGTON October 24, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF SUBJECT: Court Order Regarding Presidential Materials of the Nixon Administration Attached is a copy of a Supplemental Order of the United States District Court for the District of Columbia, by Judge Charles R. Richey, issued October 22, 1974. The Defendants are: Arthur E. Sampson, Administrator of the General Services Administration; Philip W. Buchen, Counsel to the President; and H. Stuart Knight, Director of the Secret Service. Please note: 1) The order enjoins "the Defendants, their superiors, agents, and assigns" against certain acts. 2) The order applies to "the materials, including documents, tapes and other papers, known as the 'Presidential materials of the Nixon Administration" that are presently in the custody and control of the Defendants.' 3) The order enjoins the persons affected "from dis- closing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials." The order does not prohibit use of the papers for court, prosecutorial or grand jury matters, or for purposes of current government business. Although the order by its terms does not apply to all members of the White House staff, all White House staff per- sonnel are expected to act as if they were bound by it. Similarly, all materials and papers prepared during the Administration of President Nixon should be regarded as actually or potentially subject to the order. LIBRARY 2 Attached also is a copy of an August 9, 1974, memo- randum from Jerry H. Jones on the subject of collecting and segregating "papers of the White House Office at the time of President Nixon's resignation as well as those enroute at the time and intended for him." Based on the August 9, 1974, memorandum and the printed attachment to it, and in accordance with Judge Richey's order, I have notified counsel to Mr. Nixon and hereby give my con- sent that: (i) The remaining papers in the files of the White House Office which have not yet been segregated and placed in storage may be used to complete implementing the August 9, 1974, memorandum. (ii) Papers necessary for purposes of current govern- ment business shall be used for such purposes if practi- cable in the form of duplicated files as provided in the memorandum, and a listing of any files so duplicated shall be supplied to me. Implementation of the August 9 memorandum shall be completed by November 1, 1974, except that no papers will be prepared, as provided in that memorandum, "for shipment." To this end, each member of the White House staff subject to the August 9 memorandum shall certify in writing to this office, by November 1, that the collection and segregation called for have been com- pleted, and that the materials have been stored within the White House complex as designated by the Office of Presidential Papers. John Nesbitt, supervisory archivist of the Office of Presidential Papers (Extension 2545) and his staff will be calling on you and will be available for assistance. President Enclosures LIBRARY COPY UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RICHARD M. NIXON : Plaintiff : V. : C.A. No. 74-1518 ARTHUR F. SAMPSON, et al., : Defendants : and : THE REPORTERS COMMITTEE FOR FREEDOM : OF THE PRESS, et al., : Plaintiffs : V. C.A. No. 74-1533 : ARTHUR F. SAMPSON, et al., : Defendants : SUPPLEMENTAL ORDER Upon consideration of the Temporary Restraining Order issued yesterday, dated October 21, 1974 at 4:20 p.m., and upon consideration of the parties' requests for certain modifications thereof, and it appearing that the parties consent to said modifications and that the same are con- sistent with the ends of justice, and it appearing that the aforesaid Order as well as this Supplemental Order are necessary to preserve the status quo in the above-entitled litigation, it is by the Court this 22nd day of October, 1974, ORDERED, that the Court's Order of October 21, 1974, be and the same is hereby amended and supplemented as follows: ORDERED, that the Motions for a Temporary Restraining Order be, and the same are hereby granted in part and denied in part; and it is COPY 2 FURTHER ORDERED, that the Defendants, their superiors, agents and assigns are, subject to the conditions hereinafter described in the balance of this Order, hereby enjoined from disclosing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials, including documents, tapes and other papers, known as the "Presidential materials of the Nixon Administration", that are presently in the custody and control of the Defendants; and it is FURTHER ORDERED, that the Defendants are hereby enjoined from effectuating the terms and conditions of the "Agreement" entered into by Richard M. Nixon and Arthur F. Sampson, on or about September 6, 1974, and it is FURTHER ORDERED, that the injunction shall not serve as a bar to the production of said materials pursuant to a validly- issued subpoena, discovery demand, or court order in any civil or criminal case, either outstanding or while this injunction is extant; or to the production of said materials in regard to the ongoing Watergate criminal trial before United States District Judge John Sirica; or to the production of said material pursuant to requests by the Special Prosecutor, or to a validly issued subpoena by a Grand Jury; or to the use of said materials, with prior notification to counsel for Plaintiff Richard M. Nixon and with the consent of Defendant Philip W. Buchen, for purposes of current government business, and it is FURTHER ORDERED, that Plaintiff Richard M. Nixon, or his attorney, shall be afforded access to said materials under current access procedures established by Defendants for the sole purposes of preparing to testify in the Watergate trial and determining whether to raise any privileges or defenses he believes he might have in opposition to production of said materials for current government business or pursuant to requests by the Special Prosecutor or to validly-issued sub- poenas, discovery demand or a court order, and if Plaintiff Richard M. Nixon shall be unable to physically do so, the government Defendants shall provide copies of said materials for such use, but he shall not disclose or divulge the contents thereof except in regard to his testimony or in response to validly-issued subpoenas, and said copies shall be returned promptly to the Defendants when such purposes have been served; and it is LIBRARY COPY 3 FURTHER ORDERED, that any person either now or previously a member of the White House staff shall be afforded access under current access procedures established by Defendants, with or without his/her attorney present, to said materials which comprise or comprised his/her files while a member of the White House staff, and be allowed to take notes regarding the same, but not to make copies thereof, all the above solely for any purposes relating to criminal investigations or prosecutions; and it is FURTHER ORDERED, that any search conducted for purposes of producing or using said materials as provided in this Order shall be conducted jointly by Defendant Philip W. Buchen, or his agent, and counsel for Plaintiff Richard M. Nixon, or his agent, and said persons shall take such steps as are necessary to assure that the search for and copying of said materials will in no way destroy or affect the original charac- ter of any of the materials, including tapes, documents or other papers referred to herein; and it is FURTHER ORDERED, that the Plaintiffs shall not be required to post any bond; and it is FURTHER ORDERED, that this injunction shall be effective for ten (10) days and shall be renewed upon proper application of the parties. /s/ CHARLES R. RICHEY Charles R. Richey United States District Judge United States District Court for the District of Columbia A TRUE COPY JAMES F. DAVEY, CLERK, By /s/ ESTHER E. CREIDEN October 22, 1974 Time 2:35 p.m. THE WHITE HOUSE WASHINGTON August 9, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF: By custom and tradition, the files of the White House Office belong to the President in whose Administration they are accumulated. It has been the invariable practice, at the end of an Administration, for the outgoing President or his estate to authorize the depository or disposition to be made of such files. President Taft in his book "Our Chief Magistrate and his Powers," made the following reference to this practice: "The retiring President takes with him all the correspondence, original and copies, which he carried on during his Administration. 11 In the interest of continuing this practice, it has been directed that, so long as President Nixon's files remain in the White House Office, there is to be no intermingling of the files of the two Administrations. This applies of course both to the Central Files and the files in the offices of the various members of the staff. Papers of the White House Office at the time of President Nixon's resignation as well as those enroute at that time and intended for him shall be considered as belonging to the Nixon Administration files. Of course, some Nixon Administration files may be needed for future reference. These files should be duplicated and placed with all other papers accumulated after noon today which constitute a new set of files for President Ford. Specifically, please expedite the return of all withdrawals you have made from Central Files. On Monday, August 12, archivists under the supervision of John R. Nesbitt, Office of Presidential Papers, will be available to assist in the collection and segregation of President Nixon's papers. for shipment. Meanwhile, please read the attached instructions. erry H. Jones Special Assistant to the President WHITE HOUSE OFFICE PAPERS By custom and tradition, all White House Office of newspapers or magazine clippings; and copies papers are regarded as the personal property of of records of a personnel nature relating to a per- the President and subject to such control and dis- son's employment or service. Personal files should position as he may determine. At the close of the not include any copies, drafts or working papers Administration, the entire collection of papers now that relate to official business or any documents or being created may be expected to be deposited in records, whether or not adopted, made or received a Presidential library similar to the libraries that in the course of official business. preserve the papers of the last six Presidents. To 3. Each staff office shall forward regularly to provide the President with a complete and accu- Central Files three copies of all outgoing official rate record of his tenure in office, the White House business consisting of correspondence and memo- staff must oversee the preservation of the papers randa. One copy of all other outgoing related it generates. materials should also be filed. The procedures set forth in this document rep- 4. Each staff office shall forward regularly to resent the collective thinking of many members of Central Files any incoming official business from the staff as to how best to preserve papers and sources other than White House staff offices after documents for the President. Compliance with action, if any, has been taken. Each staff office, if these procedures is an expression of loyalty by the it SO desires, may keep a copy of such incoming staff to the President. For these procedures to be official business for its own working files. effective, it will require cooperation and assistance 5. Each staff office shall forward regularly to of every staff member. Central Files any originals of incoming official The security classification of each document business from other White ouse staff offices after prepared in the White House is determined by the action, if any, has been taken and if such originals individual staff member writing it in accordance were not intended to be returned to the sender. with Executive Order 10501-or other applicable If desired, a copy may be kept for the staff's work- Executive Orders. He is responsible for insuring ing files. that the classification assigned to his work reflects 6. Each staff office shall forward to Central Files the sensitivity of the material concerned, and also at such times as it determines to be appropriate for making certain that this classification is not all working files of official business which are in- excessively restrictive. active and no longer needed. These files will be stored by office as well as listed by subject matter. White House Office Papers: Filing with Central They will, of course, always be available for later Files reference. 7. Each staff office at its own discretion may seg- 1. It is requested that the maximum possible regate any materials that. it believes to be partic- use be made of Central Files, and the procedures ularly sensitive and which should not be filed by listed below be followed. This will aid in the faster subject matter. Such sensitive materials should be and more complete retrieval of current informa- forwarded to the Staff Secretary on the same basis tion, eliminate unnecessary duplication of files, as outlined in paragraphs 3 through 6 in an en- prevent excessive xeroxing, and maximize preser- velope marked SENSITIVE RECORDS FOR vation of White House papers. STORAGE with the office or individual from 2. Each staff member shall maintain his per- which they are sent marked on the outside and (as sonal files separate from any working files he may appropriate) a list of inventory in general terms keep on official business and clearly designate them attached. This list of inventory should also be as such. Personal files include correspondence un- sent to Central Files SO that notations can be made related to any official duties performed by the staff in subject files that certain material is missing from member; personal books, pamphlets and periodi- the file. These materials will be filed in locked con- cals; daily appointment books or log books; folders tainers and will only be made available to the in- dividual or office from whom they were received. 3. A staff member, upon termination of employ- 8. No defense material classified under Execu- ment, may at his discretion make copies for his tive Order No. 10501 with a classification of TOP personal use of a carefully chosen selection of the SECRET or Restricted Data under the Atomic following types of documents within his files: Energy Act of 1954 should be forwarded to Cen- (A) Documents which embody original intel- trul Files. All such material should be forwarded lectual thought contributed by the staff member, to the Staff Secretary for storage. such ILH research work and draftsmanship of 9. No exceptions to the above shall be made speeches and legislation. without the express consent of the Counsel to the (B) Documents which might be needed in President. Additional advice on the operation of future related work by the individual. Central Files may be obtained from Frank 4. No staff members shall make copies as per- Matthews, Chief of Central Files (Ext. 2240). mitted in paragraph three of any documents which contain defense material classified as CONFI- White House Office Papers: Disposition of Papers DENTIAL, SECRET OR TOP SECRET under Upon Leaving Staff Executive Order No. 10501, Restricted Data under 1. Upon termination of employment with the the Atomic Energy Act of 1954, or information staff, each staff member will turn over his entire supplied to the government under statutes which files to Central Files with the exception of any make the disclosure of such information a crime. personal files he might have maintained. 5. Each staff member who decides to make copies 2. Personal files include: correspondence unre- of such documents described in paragraph three lated to any official duties performed by the staff shall leave a list of all such documents copied with member; personal books, pamphlets and periodi- Central Files. This will enable retrieval of a docu- cals; daily appointment books or log books; folders ment in the event that all other copies of it and the of newspaper or magazine clippings; and copies original should be later lost. of records of a personal nature relating to a per- 6. The discretionary authority granted in para- son's employment or service. Personal files should graph three is expected to be exercised sparingly not include any copies, drafts, or working papers and not abused. All White House Office papers, that relate to official business; or any documents or including copies thereof, are the personal property records, whether or not adopted, made or received in the course of official business. The White House of the President and should be respected as such. Office of Presidential Papers, staffed by represen- Any copies retained by a staff member should tatives of the National Archives, is available to be stored in a secure manner and maintained assist staff members in the determination of what confidentially. are personal files. Any question in this regard 7. All confidential and sensitive materials will should be resolved with their assistance by con- be protected from premature disclosure by specific tacting John Nesbitt, supervisory archivist of the provisions of the Presidential Libraries Act of Office of Presidential Papers (Ext. 2545). 1955 (44 U.S.C. 2108). THE WHITE HOUSE WASHINGTON October 24, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF SUBJECT: Court Order Regarding Presidential Materials of the Nixon Administration Attached is a copy of a Supplemental Order of the United States District Court for the District of Columbia, by Judge Charles R. Richey, issued October 22, 1974. The Defendants are: Arthur E. Sampson, Administrator of the General Services Administration; Philip W. Buchen, Counsel to the President; and H. Stuart Knight, Director of the Secret Service. Please note: 1) The order enjoins "the Defendants, their superiors, agents, and assigns" against certain acts. 2) The order applies to "the materials, including documents, tapes and other papers, known as the 'Presidential materials of the Nixon Administration" that are presently in the custody and control of the Defendants." 3) The order enjoins the persons affected "from dis- closing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials." The order does not prohibit use of the papers for court, prosecutorial or grand jury matters, or for purposes of current government business. Although the order by its terms does not apply to all members of the White House staff, all White House staff per- sonnel are expected to act as if they were bound by it. Similarly, all materials and papers prepared during the Administration of President Nixon should be regarded as actually or potentially subject to the order. LIBRARY 2 Attached also is a copy of an August 9, 1974, memo- randum from Jerry H. Jones on the subject of collecting and segregating "papers of the White House Office at the time of President Nixon's resignation as well as those enroute at the time and intended for him." Based on the August 9, 1974, memorandum and the printed attachment to it, and in accordance with Judge Richey's order, I have notified counsel to Mr. Nixon and hereby give my con- sent that: (i) The remaining papers in the files of the White House Office which have not yet been segregated and placed in storage may be used to complete implementing the August 9, 1974, memorandum. (ii) Papers necessary for purposes of current govern- ment business shall be used for such purposes if practi- cable in the form of duplicated files as provided in the memorandum, and a listing of any files so duplicated shall be supplied to me. Implementation of the August 9 memorandum shall be completed by November 1, 1974, except that no papers will be prepared, as provided in that memorandum, "for shipment." To this end, each member of the White House staff subject to the August 9 memorandum shall certify in writing to this office, by November 1, that the collection and segregation called for have been com- pleted, and that the materials have been stored within the White House complex as designated by the Office of Presidential Papers. John Nesbitt, supervisory archivist of the Office of Presidential Papers (Extension 2545) and his staff will be calling on you and will be available for assistance. W.Buden Philip N. Buchen Counsel to the President Enclosures LIBRARY COPY UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RICHARD M. NIXON : Plaintiff : V. : C.A. No. 74-1518 ARTHUR F. SAMPSON, et al., : Defendants : and : THE REPORTERS COMMITTEE FOR FREEDOM : OF THE PRESS, et al., : Plaintiffs : V. C.A. No. 74-1533 : ARTHUR F. SAMPSON, et al., : Defendants : SUPPLEMENTAL ORDER Upon consideration of the Temporary Restraining Order issued yesterday, dated October 21, 1974 at 4:20 p.m., and upon consideration of the parties' requests for certain modifications thereof, and it appearing that the parties consent to said modifications and that the same are con- sistent with the ends of justice, and it appearing that the aforesaid Order as well as this Supplemental Order are necessary to preserve the status quo in the above-entitled litigation, it is by the Court this 22nd day of October, 1974, ORDERED, that the Court's Order of October 21, 1974, be and the same is hereby amended and supplemented as follows: ORDERED, that the Motions for a Temporary Restraining Order be, and the same are hereby granted in part and denied in part; and it is LIBRARY GERALD : Fore COPY 2 FURTHER ORDERED, that the Defendants, their superiors, agents and assigns are, subject to the conditions hereinafter described in the balance of this Order, hereby enjoined from disclosing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials, including documents, tapes and other papers, known as the "Presidential materials of the Nixon Administration", that are presently in the custody and control of the Defendants; and it is FURTHER ORDERED, that the Defendants are hereby enjoined from effectuating the terms and conditions of the "Agreement" entered into by Richard M. Nixon and Arthur F. Sampson, on or about September 6, 1974, and it is FURTHER ORDERED, that the injunction shall not serve as a bar to the production of said materials pursuant to a validly- issued subpoena, discovery demand, or court order in any civil or criminal case, either outstanding or while this injunction is extant; or to the production of said materials in regard to the ongoing Watergate criminal trial before United States District Judge John Sirica; or to the production of said material pursuant to requests by the Special Prosecutor, or to a validly issued subpoena by a Grand Jury; or to the use of said materials, with prior notification to counsel for Plaintiff Richard M. Nixon and with the consent of Defendant Philip W. Buchen, for purposes of current government business, and it is FURTHER ORDERED, that Plaintiff Richard M. Nixon, or his attorney, shall be afforded access to said materials under current access procedures established by Defendants for the sole purposes of preparing to testify in the Watergate trial and determining whether to raise any privileges or defenses he believes he might have in opposition to production of said materials for current government business or pursuant to requests by the Special Prosecutor or to validly-issued sub- poenas, discovery demand or a court order, and if Plaintiff Richard M. Nixon shall be unable to physically do so, the government Defendants shall provide copies of said materials for such use, but he shall not disclose or divulge the contents thereof except in regard to his testimony or in response to validly-issued subpoenas, and said copies shall be returned promptly to the Defendants when such purposes have been served; and it is LIBRARY COPY 3 FURTHER ORDERED, that any person either now or previously a member of the White House staff shall be afforded access under current access procedures established by Defendants, with or without his/her attorney present, to said materials which comprise or comprised his/her files while a member of the White House staff, and be allowed to take notes regarding the same, but not to make copies thereof, all the above solely for any purposes relating to criminal investigations or prosecutions; and it is FURTHER ORDERED, that any search conducted for purposes of producing or using said materials as provided in this Order shall be conducted jointly by Defendant Philip W. Buchen, or his agent, and counsel for Plaintiff Richard M. Nixon, or his agent, and said persons shall take such steps as are necessary to assure that the search for and copying of said materials will in no way destroy or affect the original charac- ter of any of the materials, including tapes, documents or other papers referred to herein; and it is FURTHER ORDERED, that the Plaintiffs shall not be required to post any bond; and it is FURTHER ORDERED, that this injunction shall be effective for ten (10) days and shall be renewed upon proper application of the parties. /s/ CHARLES R. RICHEY Charles R. Richey United States District Judge United States District Court for the District of Columbia A TRUE COPY JAMES F. DAVEY, CLERK, By /s/ ESTHER E. CREIDEN October 22, 1974 Time 2:35 p.m. THE WHITE HOUSE WASHINGTON August 9, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF: By custom and tradition, the files of the White House Office belong to the President in whose Administration they are accumulated. It has been the invariable practice, at the end of an Administration, for the outgoing President or his estate to authorize the depository or disposition to be made of such files. President Taft in his book "Our Chief Magistrate and his Powers, " made the following reference to this practice: "The retiring President takes with him all the correspondence, original and copies, which he carried on during his Administration. 11 In the interest of continuing this practice, it has been directed that, so long as President Nixon's files remain in the White House Office, there is to be no intermingling of the files of the two Administrations. This applies of course both to the Central Files and the files in the offices of the various members of the staff. Papers of the White House Office at the time of President Nixon's resignation as well as those enroute at that time and intended for him shall be considered as belonging to the Nixon Administration files. Of course, some Nixon Administration files may be needed for future reference. These files should be duplicated and placed with all other papers accumulated after noon today which constitute a new set of files for President Ford. Specifically, please expedite the return of all withdrawals you have made from Central Files. On Monday, August 12, archivists under the supervision of John R. Nesbitt, Office of Presidential Papers, will be available to assist in the collection and segregation of President Nixon's papers. for shipment. Meanwhile, please read the attached instructions. FORD erry DI. Jones LIBRARY Special Assistant to the President WHITE HOUSE OFFICE PAPERS By custom and tradition, all White House Office of newspapers or magazine clippings; and copies papers are regarded as the personal property of of records of a personnel nature relating to n per- the President and subject to such control and dis- son's employment or service. Personal files should position as he may determine. At the close of the not include any copies, drafts or working papers Administration, the entire collection of papers now that relate to official business or any documents or being created may be expected to be deposited in records, whether or not adopted, made or received a Presidential library similar to the libraries that in the course of official business. preserve the papers of the last six Presidents. To 3. Each staff office shall forward regularly to provide the President with a complete and accu- Central Files three copies of all outgoing official rate record of his tenure in office, the White House business consisting of correspondence and memo- staff must oversee the preservation of the papers randa. One copy of all other outgoing related it generates. materials should also be filed. The procedures set forth in this document rep- 4. Each staff office shall forward regularly to resent the collective thinking of many members of Central Files any incoming official business from the staff as to how best to preserve papers and sources other than White House staff offices after documents for the President. Compliance with action, if any, has been taken. Each staff office, if these procedures is an expression of loyalty by the it SO desires, may keep a copy of such incoming staff to the President. For these procedures to be official business for its own working files. effective, it will require cooperation and assistance 5. Each staff office shall forward regularly to of every staff member. Central Files any originals of incoming official The security classification of each document business from other White House staff offices after prepared in the White House is determined by the action, if any, has been taken and if such originals individual staff member writing it in accordance were not intended to be returned to the sender. with Executive Order 10501-or other applicable If desired, a copy may be kept for the staff's work- Executive Orders. He is responsible for insuring ing files. that the classification assigned to his work reflects 6. Each staff office shall forward to Central Files the sensitivity of the material concerned, and also at such times as it determines to be appropriate for making certain that this classification is not all working files of official business which are in- excessively restrictive. active and no longer needed. These files will be stored by office as well as listed by subject matter. White House Office Papers: Filing with Central They will, of course, always be available for later Files reference. 7. Each staff office at its own discretion may seg- 1. It is requested that the maximum possible regate any materials that. it believes to be partic- use be made of Central Files, and the procedures ularly sensitive and which should not be filed by listed below be followed. This will aid in the faster subject matter. Such sensitive materials should be and more complete retrieval of current informa- forwarded to the Staff Secretary on the same basis tion, eliminate unnecessary duplication of files, as outlined in paragraphs 3 through 6 in an en- prevent excessive xeroxing, and maximize preser- velope marked SENSITIVE RECORDS FOR vation of White House papers. STORAGE with the office or individual from 2. Each staff member shall maintain his per- which they are sent marked on the outside and (as sonal files separate from any working files he may appropriate) a list of inventory in general terms keep on official business and clearly designate them attached. This list of inventory should also be as such. Personal files include correspondence un- sent to Central Files so that notations can be made related to any official duties performed by the staff in subject files that certain material is missing from member; personal books, pamphlets and periodi- the file. These materials will be filed in locked con- cals; daily appointment books or log books; folders tainers and will only be made available to the in- dividual or office from whom they were received. 3. A staff member, upon termination of employ- 8. No defense material classified under Execu- ment, may at his discretion make copies for his tive Order No. 10501 with a classification of TOP personal use of a carefully chosen selection of the SECRET or Restricted Data under the Atomic following types of documents within his files: Energy Act of 1954 should be forwarded to Cen- (A) Documents which embody original intel- trul Files. All such material should be forwarded lectual thought contributed by the staff member, to the Staff Secretary for storage. such ns research work and draftsmanship of 9. No exceptions to the above shall be made speeches and legislation. without the express consent of the Counsel to the (B) Documents which might be needed in President. Additional advice on the operation of future related work by the individual. Central Files may be obtained from Frank 4. No staff members shall make copies as per- Matthews, Chief of Central Files (Ext. 2240). mitted in paragraph three of any documents which contain defense material classified as CONFI- White House Office Papers: Disposition of Papers DENTIAL, SECRET OR TOP SECRET under Upon Leaving Staff Executive Order No. 10501, Restricted Data under 1. Upon termination of employment with the the Atomic Energy Act of 1954, or information staff, each staff member will turn over his entire supplied to the government under statutes which files to Central Files with the exception of any make the disclosure of such information a crime. personal files he might have maintained. 5. Each staff member who decides to make copies 2. Personal files include: correspondence unre- of such documents described in paragraph three lated to any official duties performed by the staff shall leave a list of all such documents copied with member; personal books, pamphlets and periodi- Central Files. This will enable retrieval of a docu- cals; daily appointment books or log books; folders ment in the event that all other copies of it and the of newspaper or magazine clippings; and copies original should be later lost. of records of a personal nature relating to a per- 6. The discretionary authority granted in para- son's employment or service. Personal files should graph three is expected to be exercised sparingly not include any copies, drafts, or working papers and not abused. All White House Office papers, that relate to official business; or any documents or including copies thereof, are the personal property records, whether or not adopted, made or received in the course of official business. The White House of the President and should be respected as such. Office of Presidential Papers, staffed by represen- Any copies retained by a staff member should be stored in a secure manner and maintained tatives of the National Archives, is available to assist staff members in the determination of what confidentially. are personal files. Any question in this regard 7. All confidential and sensitive materials will should be resolved with their assistance by con- be protected from premature disclosure by specific tacting John Nesbitt, supervisory archivist of the provisions of the Presidential Libraries Act of Office of Presidential Papers (Ext. 2545). 1955 (44 U.S.C. 2108). THE WHITE HOUSE WASHINGTON October 24, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF SUBJECT: Court Order Regarding Presidential Materials of the Nixon Administration Attached is a copy of a Supplemental Order of the United States District Court for the District of Columbia, by Judge Charles R. Richey, issued October 22, 1974. The Defendants are: Arthur E. Sampson, Administrator of the General Services Administration; Philip W. Buchen, Counsel to the President; and H. Stuart Knight, Director of the Secret Service. Please note: 1) The order enjoins "the Defendants, their superiors, agents, and assigns" against certain acts. 2) The order applies to "the materials, including documents, tapes and other papers, known as the 'Presidential materials of the Nixon Administration' that are presently in the custody and control of the Defendants." 3) The order enjoins the persons affected "from dis- closing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials." The order does not prohibit use of the papers for court, prosecutorial or grand jury matters, or for purposes of current government business. Although the order by its terms does not apply to all members of the White House staff, all White House staff per- sonnel are expected to act as if they were bound by it. Similarly, all materials and papers prepared during the Administration of President Nixon should be regarded as actually or potentially subject to the order. G FORD LIGHAND 2 Attached also is a copy of an August 9, 1974, memo- randum from Jerry H. Jones on the subject of collecting and segregating "papers of the White House Office at the time of President Nixon's resignation as well as those enroute at the time and intended for him. Based on the August 9, 1974, memorandum and the printed attachment to it, and in accordance with Judge Richey's order, I have notified counsel to Mr. Nixon and hereby give my con- sent that: (i) The remaining papers in the files of the White House Office which have not yet been segregated and placed in storage may be used to complete implementing the August 9, 1974, memorandum. (ii) Papers necessary for purposes of current govern- ment business shall be used for such purposes if practi- cable in the form of duplicated files as provided in the memorandum, and a listing of any files so duplicated shall be supplied to me. Implementation of the August 9 memorandum shall be completed by November 1, 1974, except that no papers will be prepared, as provided in that memorandum, "for shipment." To this end, each member of the White House staff subject to the August 9 memorandum shall certify in writing to this office, by November 1, that the collection and segregation called for have been com- pleted, and that the materials have been stored within the White House complex as designated by the Office of Presidential Papers. John Nesbitt, supervisory archivist of the Office of Presidential Papers (Extension 2545) and his staff will be calling on you and will be available for assistance. Philip N. Buchen Counsel to the President Enclosures COPY UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RICHARD M. NIXON : Plaintiff : V. : C.A. No. 74-1518 ARTHUR F. SAMPSON, et al., : Defendants : and : THE REPORTERS COMMITTEE FOR FREEDOM : OF THE PRESS, et al., : Plaintiffs : V. C.A. No. 74-1533 : ARTHUR F. SAMPSON, et al., : Defendants SUPPLEMENTAL ORDER Upon consideration of the Temporary Restraining Order issued yesterday, dated October 21, 1974 at 4:20 p.m., and upon consideration of the parties' requests for certain modifications thereof, and it appearing that the parties consent to said modifications and that the same are con- sistent with the ends of justice, and it appearing that the aforesaid Order as well as this Supplemental Order are necessary to preserve the status quo in the above-entitled litigation, it is by the Court this 22nd day of October, 1974, ORDERED, that the Court's Order of October 21, 1974, be and the same is hereby amended and supplemented as follows: ORDERED, that the Motions for a Temporary Restraining Order be, and the same are hereby granted in part and denied in part; and it is COPY 2 FURTHER ORDERED, that the Defendants, their superiors, agents and assigns are, subject to the conditions hereinafter described in the balance of this Order, hereby enjoined from disclosing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials, including documents, tapes and other papers, known as the "Presidential materials of the Nixon Administration", that are presently in the custody and control of the Defendants; and it is FURTHER ORDERED, that the Defendants are hereby enjoined from effectuating the terms and conditions of the "Agreement" entered into by Richard M. Nixon and Arthur F. Sampson, on or about September 6, 1974, and it is FURTHER ORDERED, that the injunction shall not serve as a bar to the production of said materials pursuant to a validly- issued subpoena, discovery demand, or court order in any civil or criminal case, either outstanding or while this injunction is extant; or to the production of said materials in regard to the ongoing Watergate criminal trial before United States District Judge John Sirica; or to the production of said material pursuant to requests by the Special Prosecutor, or to a validly issued subpoena by a Grand Jury; or to the use of said materials, with prior notification to counsel for Plaintiff Richard M. Nixon and with the consent of Defendant Philip W. Buchen, for purposes of current government business, and it is FURTHER ORDERED, that Plaintiff Richard M. Nixon, or his attorney, shall be afforded access to said materials under current access procedures established by Defendants for the sole purposes of preparing to testify in the Watergate trial and determining whether to raise any privileges or defenses he believes he might have in opposition to production of said materials for current government business or pursuant to requests by the Special Prosecutor or to validly-issued sub- poenas, discovery demand or a court order, and if Plaintiff Richard M. Nixon shall be unable to physically do so, the government Defendants shall provide copies of said materials for such use, but he shall not disclose or divulge the contents thereof except in regard to his testimony or in response to validly-issued subpoenas, and said copies shall be returned promptly to the Defendants when such purposes have been served; and it is COPY 3 FURTHER ORDERED, that any person either now or previously a member of the White House staff shall be afforded access under current access procedures established by Defendants, with or without his/her attorney present, to said materials which comprise or comprised his/her files while a member of the White House staff, and be allowed to take notes regarding the same, but not to make copies thereof, all the above solely for any purposes relating to criminal investigations or prosecutions; and it is FURTHER ORDERED, that any search conducted for purposes of producing or using said materials as provided in this Order shall be conducted jointly by Defendant Philip W. Buchen, or his agent, and counsel for Plaintiff Richard M. Nixon, or his agent, and said persons shall take such steps as are necessary to assure that the search for and copying of said materials will in no way destroy or affect the original charac- ter of any of the materials, including tapes, documents or other papers referred to herein; and it is FURTHER ORDERED, that the Plaintiffs shall not be required to post any bond; and it is FURTHER ORDERED, that this injunction shall be effective for ten (10) days and shall be renewed upon proper application of the parties. /s/ CHARLES R. RICHEY Charles R. Richey United States District Judge United States District Court for the District of Columbia A TRUE COPY JAMES F. DAVEY, CLERK, By /s/ ESTHER E. CREIDEN October 22, 1974 Time 2:35 p.m. THE WHITE HOUSE WASHINGTON August 9, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF: By custom and tradition, the files of the White House Office belong to the President in whose Administration they are accumulated. It has been the invariable practice, at the end of an Administration, for the outgoing President or his estate to authorize the depository or disposition to be made of such files. President Taft in his book "Our Chief Magistrate and his Powers, " made the following reference to this practice: "The retiring President takes with him all the correspondence, original and copies, which he carried on during his Administration. 11 In the interest of continuing this practice, it has been directed that, so long as President Nixon's files remain in the White House Office, there is to be no intermingling of the files of the two Administrations. This applies of course both to the Central Files and the files in the offices of the various members of the staff. Papers of the White House Office at the time of President Nixon's resignation as well as those enroute at that time and intended for him shall be considered as belonging to the Nixon Administration files. Of course, some Nixon Administration files may be needed for future reference. These files should be duplicated and placed with all other papers accumulated after noon today which constitute a new set of files for President Ford. Specifically, please expedite the return of all withdrawals you have made from Central Files. On Monday, August 12, archivists under the supervision of John R. Nesbitt, Office of Presidential Papers, will be available to assist in the collection and segregation of President Nixon's papers for shipment. Meanwhile, please read the attached instructions. Jerry H. Jones Special Assistant to the President WHITE HOUSE OFFICE PAPERS By custom and tradition, all White House Office of newspapers or magazine clippings; and copies papers are regarded as the personal property of of records of a personnel nature relating to a per- the President and subject to such control and dis- son's employment or service. Personal files should position as he may determine. At the close of the not. include any copies, drafts or working papers Administration, the entire collection of papers now that relate to official business or any documents or being created may be expected to be deposited in records, whether or not adopted, made or received a Presidential library similar to the libraries that in the course of official business. preserve the papers of the last six Presidents. To 3. Each staff office shall forward regularly to provide the President with a complete and accu- Central Files three copies of all outgoing official rate record of his tenure in office, the White House business consisting of correspondence and TeTo- staff must oversee the preservation of the papers randa. One copy of all other outgoing related it generates. materials should also be filed. The procedures set forth in this document rep- 4. Each staff office shall forward regularly to resent the collective thinking of many members of Central Files any incoming official business from the staff as to how best to preserve papers and sources other than White House staff offices after documents for the President. Compliance with action, if any, has been taken. Each staff office, if these procedures is an expression of loyalty by the it SO desires, may keep a copy of such incoming staff to the President. For these procedures to be official business for its own working files. effective, it will require cooperation and assistance 5. Each staff office shall forward regularly to of every staff member. Central Files any originals of incoming official The security classification of each document business from other White House staff offices after prepared in the White House is determined by the action, if any, has been taken and if such originals individual staff member writing it. in accordance were not intended to be returned to the sender. with Executive Order 10501-or-other applicable If desired, a copy may be kept for the statf's work- Executive Orders. He is responsible for insuring ing files. that the classification assigned to his work reflects 6. Each staff office shall forward to Central Files the sensitivity of the material concerned, and also at such times as it determines to be appropriate for making certain that this classification is not all working files of official business which are in- excessively restrictive. active and no longer needed. These files will be stored by office as well as listed by subject matter. White House Office Papers: Filing with Central They will, of course, always be available for later Files reference. 7. Each staff office at its own discretion may seg- 1. It is requested that the maximum possible regate any materials that it believes to be partic- use be made of Central Files, and the procedures ularly sensitire and which should not be filed by listed below be followed. This will aid in the faster subject matter. Such sensitive materials should be and more complete retrieval of current informa- forwarded to the Staff Secretary on the same basis tion, eliminate unnecessary duplication of files, as outlined in paragraphs 3 through 6 in an en- prevent excessive xeroxing, and maximize preser- velope marked SENSITIVE RECORDS FOR vation of White House papers. STORAGE with the office or individual from 2. Each staff member shall maintain his per- which they are sent marked on the outside and (as sonal files separate from any working files he may appropriate) a list of inventory in general terms keep on official business and clearly designate them attached. This list of inventory should also be as such. Personal files include correspondence un- sent to Central Files SO that notations can be made related to any official duties performed by the staff in subject files that certain material is missing from member: personal books, pamphlets and periodi- the file. These materials will be filed in locked con- cals; daily appointment books or log books; folders tainers and will only be made available to the in- dividual or office from whom they were received. 3. A staff member, upon termination of employ- 8. No defense material classified under Execu- ment, may at his discretion make copies for his tire Order No. 10501 with (1. classification of TOP personal use of a carefully chosen selection of the SECRET or Restricted Data under the Atomic following types of documents within his files: Energy Act of 1954 should be forwarded to Cen- (A) Documents which embody original intel- trul Files. All such material should be forwarded lectual thought contributed by the staff member, to the Staff Secretary for storage. such as research work and draftsmanship of 9. No exceptions to the above shall be made speeches and legislation. without the express consent of the Counsel to the (B) Documents which might be needed in President. Additional advice on the operation of future related work by the individual. Central Files may be obtained from Frank 4. No staff members shall make copies as per- Matthews, Chief of Central Files (Ext. 2240). mitted in paragraph three of any documents which contain defense material classified as CONFI- White House Office Papers: Disposition of Papers DENTIAL, SECRET OR TOP SECRET under Upon Leaving Staff Executive Order No. 10501, Restricted Data under 1. Upon termination of employment with the the Atomic Energy Act of 1954, or information staff, each staff member will turn over his entire supplied to the government under statutes which files to Central Files with the exception of any make the disclosure of such information a crime. personal files he might have maintained. 5. Each staff member who decides to make copies 2. Personal files include: correspondence unre- of such documents described in paragraph three lated to any official duties performed by the staff shall leave " list of all such documents copied with member; personal books, pamphlets and periodi- Central Files. This will enable retrieval of a docu- cale; daily appointment books or log books; folders mont in the event that all other copies of it and the of newspaper or magazine elippings; and copies original should be later lost. of records of a personal nature relating to a per- 6. The discretionary authority granted in para- son's employment or service. Personal files should graph three is expected to be exercised sparingly not include any copies, drafts, or working papers and not abused. All White House Office papers, that relate to official business; or any documents or records, whether or not adopted, made or received including copies thereof, are the personal property in the course of official business. The White House of the President and should be respected as such. Office of Presidential Papers, staffed by represen- Any copies retained by a staff member should tatives of the National Archives, is available to be stored in a secure manner and maintained assist staff members in the determination of what confidentially. are personal files. Any question in this regard 7. All confidential and sensitive materials will should be resolved with their assistance by con- be protected from premature disclosure by specific tacting John Nesbitt, supervisory archivist of the provisions of the Presidential Libraries Act of Office of Presidential Papers (Ext. 2545). 1955 (44 U.S.C. 2108). STAFF ASSISTANTS AND ABOVE (DOMESTIC COUNCIL) Tod R. Hullin Michael Raoul-Duval 228, EOB 216, EOB James H. Cavanaugh 220, EOB Glenn Schleede 187, EOB Norm Ross 187, EOB James H. Falk 231, EOB Warren K. Hendriks, Jr. West Wing Dana G. Mead 216, EOB Goeffrey C. Shepard 234, EOB Roger D. Semerod 220, EOB Frederic W. Slight William E. Timmons David I. Wheat 194, EOB 1st Flr., W.W. 194, EOB Helen N. Smith LCDR T. Stephen Todd George P. Williams 213, East Wing 210, East Wing 106, EOB Wilbur H. Jenkins Thym S. Smith Wayne H. Valis 8, EOB 1st Flr., W.W. 187, EOB Alvin Snyder Agnes M. Waldron Lucy A. Winchester 153, EOB 123, EOB 200, East Wing Larry M. Speakes Henry F. Wanning III Lionel Olmer 1st Flr., W.W. 2nd Flr., W.W. 340, EOB Beverly J. Splane Dr. Chester Ward John C. Vickerman 351, EOB 105, EOB 130, EOB Brad Patterson Charles W. B. Wardell III William F. Matthews 182, EOB West Wing 68, EOB Benjamin J. Stein Philip Warden James R. Rogers 118, EOB 125, EOB 6, EOB Gerald Warren 1st Flr., West Wing Paul A. Theis Donald A. Webster 115. FOR Lawrence Adams (Gen.USA) Maj. Robert Barrett John C. Calhoun 590, EOB 210, East Wing 179, EOB Wilburn E. Ainsworth, Jr. Judy E. Berg-Hansen John C. Carlson 112, East Wing 17, EOB 153, EOB Adm. George Anderson Lt. Col. Robert E. Blake Dorothy Cavanaugh 300, EOB 210, East Wing Gr. Flr., W.W. Gwen Anderson John L. Borling Byron M. Cavaney, Jr 271, EOB 191, EOB 348, EOB Anne Armstrong James Broch Dudley H. Chapman West Wing 277, EOB 106, EOB Phillip E. Areeda Patrick J. Buchanan Ken W. Clawson West Wing 112, EOB 160, EOB Roy Ash Philip W. Buchen Kenneth Cole, Jr. 2nd Floor, W.W. 1st Floor, W.W. 2nd Flr., W.W. Oliver F. Atkins Dean Burch John Coyne West Wing 2nd Flr, W.W. 118, EOB Aram Bakshian, Jr. Jane M. Dannenhauer 118, EOB 43, EOB FORD CERALD LIBRARY William J. Baroody, Jr. Wheaton B. Byers Eva A. Daughtrey 100, EOB 340, EOB 1st Fly STAFF ASSISTANTS AND ABOVE Fernando E. DeBoca Jay T. French Dianna R. Gwin 197, EOB 1st. Flr., W. W. Gr. Flr., West Wing Thomas P. DeCair Max Friedersdorf 1st Flr., W.W. 112, East Wing Dorothy E. Downton Milton A. Friedman Robert T. Hartmann lst. Flr., W.W. 114, EOB 1st Flr., West Wing Roland Elliott Gertrude B. Fry Eliska A. Hasek 94, EOB 84, EOB 117, EOB Jeffrey P. Eves Leonard Garment William Henkel, Jr. 187, EOB 182, EOB 348, EOB Andrew Falkiewicz Lawrence M. Higby 165, EOB 253, EOB Michael J. Farrell David R. Gergen Anne E. Higgins 100 East Wing 115, EOB 98, EOB J. Curtis Fee Alan Greenspan James R. Holland 143, EOB 134, EQB 157, EOB Mary Alice Fenton Bill Gulley James H. Holmes 94, EOB 210, East Wing 94, EOB Sanford L. Fox John S. Guthrie David C. Hoopes 202, East Wing 168, EOB STAFF ASSISTANTS AND ABOVE W. Richard Howard Daniel T. Kingsley Charles Lichenstein 197, EOB 351, EOB 2nd Flr., W.W. Nancy Howe Henry A. Kissinger Robert D. Linder 206, East Wing lst. Flr., W. W. Gr. Flr., W.W. John W. Hushen Virginig H. Knauer Patricia S. Lindh 1st Flr., W. W. 6003, FOB #7 198, EOB Jerry H. Jones Noel C. Koch Vernon C. Loen Gr. Flr., West Wing 126, EOB 112, East Wing Sidney L. Jones Tom Korologos Dr. William Lukash 145, EOB 107, East Wing Residence George A. Joulwan William M. Lamont, Jr. Theodore C. Marrs 1st, Flr., West Wing 139, EOB 103, EOB Karen R. Keesling Gen. Richard L. Lawson John O. Marsh, Jr. 196, EOB 210, East Wing lst. Flr., W.W. Robert A. Kelly Gregori Ledebev Patricia J. Matson 157, EOB 139, EOB 208, East Wing David H. Kennerly Mildred V. Leonard Nancy Lammerding lst. Flr., W.W. Gr. Flr., W.W. 200, East Wing Kenneth L. Khachigian Andre Le Tendre STAFF ASSISTANTS AND ABOVE Robert Mead Patrick O'Donnell Eric C. Rosenberger lst. Flr., W.W. 107, East Wing 348, EOB Paul A. Miltich Terrence O'Donnell 160, EOB 1st Flr., W.W. Powell A. Moore Robert B. Off Warren S. Rustand 1st. Flr., W.W. 143, EOB 171, EOB Caron A. McCannon Frank R. Pagnotta Michael A. Sammuels 411, EOB 281, EOB 2nd Flr., W.W. Ann M. Morgan Allen Parmenter William M. Scranton 114, EOB 351, EOB West Wing Ronald J. Naples Pamela A. Powell Samuel A. Schulhof 2nd Flr., W.W. 190, EOB 134, EOB Jack Nesbitt Raymond K. Price, Jr. Stanley S. Scott 487, EOB 170, EOB 179, EOB Ron Nessen John Ratchford Gen Brent Scowcroft lst. Flr., W.W. 1st Flr., West Wing 1st Flr., W.W. John E. Nidecker John W. Roberts L. William Seidman 346, EOB 1st Flr., W.W. 268, EOB Elizabeth Nolan Donald Rodgers Robert G. Shaw 17, EOB Kenneth A. Lazarus 186, EOB Kenneth A. Lazarus 186, EOB Richard P. Cheney West Wing Donald S. Lowitz 188-1/2, EOB Donald Murdoch 188-1/2, EOB William N. Walker 134, EOB Louis M. Thompson West Wing William W. Nicholson 174, EOB FORD William E. Casselman II LIBRARY 106, EOB Thursday 10/24/74 Meeting 10/24/14 11:30 a.m. 11:15 Another meeting on the Judge Richey order, etc. will be held at 11:30 -- trying for the Roosevelt Room. Meeting actually held in the Situation Room Conference Room. FORD 2. 07V830 LIBRARY MEMORANDUM FOR THE WHITE HOUSE STAFF SUBJECT: Court Order Regarding Presidential Materials of the Nixon Administration Attached is a copy of a Supplemental Order of the United States District Court for the District of Columbia, by Judge Charles R. Richey, issued October 22, 1974. The Defendants are: Arthur E. Sampson, Administrator of the General Services Administration; Philip W. Buchen, Counsel to the President; and H. Stuart Knight, Director of the Secret Service. Please note: 1) The order enjoins "the Defendants, their superiors, agents, and assigns" against certain acts. 2) The order applies to "the materials, including documents, tapes and other papers, known as the 'Presidential materials of the Nixon Administration" that are presently in the custody and control of the Defendants." 3) The order enjoins the persons affected "from dis- closing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials." The order does not prohibit use of the papers for court, prosecutorial or grand jury matters, or for purposes of current government business. Although the order by its terms does not apply to all members of the White House staff, all White House staff per- sonnel are expected to act as if they were bound by it. Similarly, all materials and papers prepared during the Administration of President Nixon should be regarded as actually or potentially subject to the order. BERALD FOND LIBRARY 2 Attached also is a copy of an August 9, 1974, memo- randum from Jerry H. Jones on the subject of collecting and segregating "papers of the White House Office at the time of President Nixon's resignation as well as those enroute at the time and intended for him." Based on the August 9, 1974, memorandum and the printed attachment to it, and in accordance with Judge Richey's order, I have notified counsel to Mr. Nixon and hereby give my con- sent that: (1) The remaining papers in the files of the White House Office which have not yet been segregated and placed in storage may be used to complete implementing the August 9, 1974, memorandum. (11) Papers necessary for purposes of current govern- ment business shall be used for such purposes if practi- cable in the form of duplicated files as provided in the memorandum, and a listing of any files so duplicated shall be supplied to me. Implementation of the August 9 memorandum shall be completed by November 1, 1974, except that no papers will be prepared, as provided in that memorandum, "for shipment." To this end, each member of the White House staff subject to the August 9 memorandum shall certify in writing to this office, by November 1, that the collection and segregation called for have been com- pleted, and that the materials have been stored within the White House complex as designated by the Office of Presidential Papers. John Nesbitt, supervisory archivist of the Office of Presidential Papers (Extension 2545) and his staff will be calling on you and will be available for assistance. Philip W. Buchen Counsel to the President Enclosures FORD is GERALO LIBRARY COPY UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RICHARD M. NIXON : Plaintiff : V. : C.A. No. 74-1518 ARTHUR F. SAMPSON, et al., : Defendants : and : THE REPORTERS COMMITTEE FOR FREEDOM : OF THE PRESS, et al., : Plaintiffs : V. C.A. No. 74-1533 : ARTHUR F. SAMPSON, et al., : Defendants : SUPPLEMENTAL ORDER Upon consideration of the Temporary Restraining Order issued yesterday, dated October 21, 1974 at 4:20 p.m., and upon consideration of the parties' requests for certain modifications thereof, and it appearing that the parties consent to said modifications and that the same are con- sistent with the ends of justice, and it appearing that the aforesaid Order as well as this Supplemental Order are necessary to preserve the status quo in the above-entitled litigation, it is by the Court this 22nd day of October, 1974, ORDERED, that the Court's Order of October 21, 1974, be and the same is hereby amended and supplemented as follows: ORDERED, that the Motions for a Temporary Restraining Order be, and the same are hereby granted in part and denied in part; and it is COPY 2 FURTHER ORDERED, that the Defendants, their superiors, agents and assigns are, subject to the conditions hereinafter described in the balance of this Order, hereby enjoined from disclosing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials, including documents, tapes and other papers, known as the "Presidential materials of the Nixon Administration", that are presently in the custody and control of the Defendants; and it is FURTHER ORDERED, that the Defendants are hereby enjoined from effectuating the terms and conditions of the "Agreement" entered into by Richard M. Nixon and Arthur F. Sampson, on or about September 6, 1974, and it is FURTHER ORDERED, that the injunction shall not serve as a bar to the production of said materials pursuant to a validly- issued subpoena, discovery demand, or court order in any civil or criminal case, either outstanding or while this injunction is extant; or to the production of said materials in regard to the ongoing Watergate criminal trial before United States District Judge John Sirica; or to the production of said material pursuant to requests by the Special Prosecutor, or to a validly issued subpoena by a Grand Jury; or to the use of said materials, with prior notification to counsel for Plaintiff Richard M. Nixon and with the consent of Defendant Philip W. Buchen, -for purposes of current government business, and it is FURTHER ORDERED, that Plaintiff Richard M. Nixon, or his attorney, shall be afforded access to said materials under current access procedures established by Defendants for the sole purposes of preparing to testify in the Watergate trial and determining whether to raise any privileges or defenses he believes he might have in opposition to production of said materials for current government business or pursuant to requests by the Special Prosecutor or to validly-issued sub- poenas, discovery demand or a court order, and if Plaintiff Richard M. Nixon shall be unable to physically do so, the government Defendants shall provide copies of said materials for such use, but he shall not disclose or divulge the contents thereof except in regard to his testimony or in response to validly-issued subpoenas, and said copies shall be returned promptly to the Defendants when such purposes have been served; and it is COPY 3 FURTHER ORDERED, that any person either now or previously a member of the White House staff shall be afforded access under current access procedures established by Defendants, with or without his/her attorney present, to said materials which comprise or comprised his/her files while a member of the White House staff, and be allowed to take notes regarding the same, but not to make copies thereof, all the above solely for any purposes relating to criminal investigations or prosecutions; and it is FURTHER ORDERED, that any search conducted for purposes of producing or using said materials as provided in this Order shall be conducted jointly by Defendant Philip W. Buchen, or his agent, and counsel for Plaintiff Richard M. Nixon, or his agent, and said persons shall take such steps as are necessary to assure that the search for and copying of said materials will in no way destroy or affect the original charac- ter of any of the materials, including tapes, documents or other papers referred to herein; and it is FURTHER ORDERED, that the Plaintiffs shall not be required to post any bond; and it is FURTHER ORDERED, that this injunction shall be effective for ten (10) days and shall be renewed upon proper application of the parties. /s/ CHARLES R. RICHEY Charles R. Richey United States District Judge United States District Court for the District of Columbia A TRUE COPY JAMES F. DAVEY, CLERK, By /s/ ESTHER E. CREIDEN October 22, 1974 Time 2:35 p.m. THE WHITE HOUSE WASHINGTON August 9, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF: By custom and tradition, the files of the White House Office belong to the President in whose Administration they are accumulated. It has been the invariable practice, at the end of an Administration, for the outgoing President or his estate to authorize the depository or disposition to be made of such files. President Taft in his book "Our Chief Magistrate and his Powers, " made the following reference to this practice: "The retiring President takes with him all the correspondence, original and copies, which he carried on during his Administration. " In the interest of continuing this practice, it has been directed that, so long as President Nixon's files remain in the White House Office. there is to be no intermingling of the files of the two Administrations. This applies of course both to the Central Files and the files in the offices of the various members of the staff. Papers of the White House Office at the time of President Nixon's resignation as well as those enroute at that time and intended for him shall be considered as belonging to the Nixon Administration files. Of course, some Nixon Administration files may be needed for future reference. These files should be duplicated and placed with all other papers accumulated after noon today which constitute a new set of files for President Ford. Specifically, please expedite the return of all withdrawals you have made from Central Files. On Monday, August 12, archivists under the supervision of John R. Nesbitt, Office of Presidential Papers, will be available to assist in the collection and segregation of President Nixon's papers for shipment. Meanwhile, please read the attached instructions. Special Assistant to the President WHITE HOUSE OFFICE PAPERS By custom and tradition, all White House Office of newspapers or magazine clippings; and copies papers are regarded as the personal property of of records of a personnel nature relating to a per- the President and subject to such control and dis- son's employment or service. Personal files should position as he may determine. At the close of the not. include any copies, drafts or working papers Administration, the entire collection of papers now that relate to official business or any documents or being created may be expected to be deposited in records, whether or not adopted, made or received a Presidential library similar to the libraries that in the course of official business. preserve the papers of the last six Presidents. To 3. Each staff office shall forward regularly to provide the President with a complete and accu- Central Files three copies of all outgoing official rate record of his tenure in office, the White House business consisting of correspondence and TcTo- staff must oversee the preservation of the papers randa. One copy of all other outgoing related it generates. materials should also be filed. The procedures set. forth in this document rep- 4. Each staff office shall forward regularly to resent the collective thinking of many members of Central Files any incoming official business from the staff as to how best to preserve papers and sources other than White House staff offices after documents for the President. Compliance with action, if any, has been taken. Each staff office, if these procedures is an expression of loyalty by the it SO desires, may keep a copy of such incoming staff to the President. For these procedures to be official business for its own working files. effective, it will require cooperation and assistance 5. Each staff office shall forward regularly to of every staff member. Central Files any originals of incoming official The security classification of each document business from other White House staff offices after prepared in the White House is determined by the action, if any, has been taken and if such originals individual staff member writing it in accordance were not intended to be returned to the sender. with Executive Order 10501-or other applicable If desired, a copy may be kept for the staff's work- Executive Orders. He is responsible for insuring ing files. that the classification assigned to his work reflects 6. Each staff office shall forward to Central Files the sensitivity of the material concerned, and also at such times as it determines to be appropriate for making certain that this classification is not all working files of official business which are in- excessively restrictive. active and no longer needed. These files will be stored by office as well as listed by subject matter. White House Office Papers: Filing with Central They will, of course, always be available for later Files reference. 7. Each staff office at its own discretion may seg- 1. It is requested that the maximum possible regate any materials that it believes to be partic- use be made of Central Files, and the procedures ularly sensitire and which should not be filed by listed below be followed. This will aid in the faster subject matter. Such sensitive materials should be and more complete retrieval of current informa- forwarded to the Staff Secretary on the same basis tion, eliminate unnecessary duplication of files, as outlined in paragraphs 3 through 6 in an en- prevent excessive xeroxing, and maximize preser- velope marked SENSITIVE RECORDS FOR vation of White House papers. STORAGE with the office or individual from 2. Each staff member shall maintain his pcr- which they are sent marked on the outside and (as sonal files separate from any working files he may appropriate) a list of inventory in general terms keep on official business and clearly designate them attached. This list of inventory should also be as such. Personal files include correspondence un- sent to Central Files so that notations can be made related to any official duties performed by the staff in subject files that certain material is missing from member; personal books, pamphlets and periodi- the file. These materials will be filed indocked con- cals; daily appointment books or log books; folders tainers and will only be made available to FIGRARY the in- GERAL dividual or office from whom they were received. 3. A staff member, upon termination of employ- 8. No defense material classified under Execu- ment, may at his discretion make copies for his tire Order No. 10501 with a classification of TOP personal use of a carefully chosen selection of the SECRET or Restricted Data under the Atomic following types of documents within his files: Energy Act of 1954 should bc forwarded to Cen- (A) Documents which embody original intel- tral Files. All such material should be forwarded lectual thought contributed by the staff member, to the Staff Secretary for storage. such as research work and draftsmanship of 9. No exceptions to the above shall be made speeches and legislation. without the express consent of the Counsel to the (B) Documents which might be needed in President. Additional advice on the operation of future related work by the individual. Central Files may be obtained from Frank 4. No staff members shall make copies as per- Matthews, Chief of Central Files (Ext. 2240). mitted in paragraph three of any documents which contain defense material classified as CONFI- White House Office Papers: Disposition of Papers DENTIAL, SECRET OR TOP SECRET under Upon Leaving Staff Executive Order No. 10501, Restricted Data under 1. Upon termination of employment with the the Atomic Energy Act of 1954, or information staff, each staff member will turn over his entire supplied to the government under statutes which files to Central Files with the exception of any make the disclosure of such information a crime. personal files he might have maintained. 5. Each staff member who decides to make copies 2. Personal files include: correspondence unre- of such documents described in paragraph three lated to any official duties performed by the staff shall leave 11 list of all such documents copied with member; personal books, pamphlets and periodi- Central Files. This will enable retrieval of a docu- cals; daily appointment books or log books; folders mont in the event that all other copies of it and the of newspaper or magazine clippings; and copies original should be later lost. of records of a personal nature relating to a per- 6. The discretionary authority granted in para- son's employment or service. Personal files should graph three is expected to be exercised sparingly not include any copies, drafts, or working papers and not abused. All White House Office papers, that relate to official business; or any documents or records, whether or not adopted, made or received including copies thereof, are the personal property in the course of official business. The White House of the President and should be respected as such. Office of Presidential Papers, staffed by represen- Any copies retained by a staff member should tatives of the National Archives, is available to be stored in a secure manner and maintained assist staff members in the determination of what confidentially. are personal files. Any question in this regard 7. All confidential and sensitive materials will should be resolved with their assistance by con- be protected from premature disclosure by specific tacting John Nesbitt, supervisory archivist of the provisions of the Presidential Libraries Act of Office of Presidential Papers (Ext. 2545). 1955 (44 U.S.C. 2108). & FORD GERALD LIBRARY STAFF ASSISTANTS AND ABOVE (DOMESTIC COUNCIL) Tod R. Hullin Michael Raoul-Duval 228, EOB 216, EOB James H. Cavanaugh 220, EOB Glenn Schleede 187, EOB Norm Ross 187, EOB James H. Falk 231, EOB Warren K. Hendriks, Jr. West Wing Dana G. Mead 216, EOB Goeffrey C. Shepard 234, EOB Roger D. Semerod FORD is 074438 LIBRARY 220, EOB Frederic W. Slight William E. Timmons David I. Wheat 194, EOB 1st Flr., W.W. 194, EOB Helen N. Smith LCDR T. Stephen Todd George P. Williams 213, East Wing 210, East Wing 106, EOB Wilbur H. Jenkins Thym S. Smith Wayne H. Valis 8, EOB 1st Flr., W.W. 187, EOB Alvin Snyder Agnes M. Waldron Lucy A. Winchester 153, EOB 123, EOB 200, East Wing Larry M. Speakes Henry F. Wanning III Lionel Olmer 1st Flr., W.W. 2nd Flr., W.W. 340, EOB Beverly J. Splane Dr. Chester Ward John C. Vickerman 351, EOB 105, EOB 130, EOB Brad Patterson Charles W. B. Wardell III William F. Matthews 182, EOB West Wing 68, EOB Benjamin J. Stein Philip Warden James R. Rogers 118, EOB 125, EOB 6, EOB Gerald Warren 1st Flr., West Wing Paul A. Theis Donald A. Webster 115 FOR Lawrence Adams (Gen.USA) Maj. Robert Barrett John C. Calhoun 590, EOB 210, East Wing 179, EOB Wilburn E. Ainsworth, Jr. Judy E. Berg-Hansen John C. Carlson 112, East Wing 17, EOB 153, EOB Adm. George Anderson Lt. Col. Robert E. Blake Dorothy Cavanaugh 300, EOB 210, East Wing Gr. Flr., W.W. Gwen Anderson John L. Borling Byron M. Cavaney, Jr 271, EOB 191, EOB 348, EOB Anne Armstrong James Broch Dudley H. Chapman West Wing 277, EOB 106, EOB Phillip E. Areeda Patrick J. Buchanan Ken W. Clawson West Wing 112, EOB 160, EOB Roy Ash Philip W. Buchen Kenneth Cole, Jr. 2nd Floor, W.W. 1st Floor, W.W. 2nd Flr., W.W. Oliver F. Atkins Dean Burch John Coyne West Wing 2nd Flr, W.W. 118, EOB Aram Bakshian, Jr. Jane M. Dannenhauer 118, EOB 43, EOB William J. Baroody, Jr. Wheaton B. Byers Eva A. Daughtrey 100, EOB 340, EOB 1st Fly STAFF ASSISTANTS AND ABOVE Fernando E. DeBoca Jay T. French Dianna R. Gwin 197, EOB 1st. Flr., W. W. Gr. Flr., West Wing Thomas P. DeCair Max Friedersdorf 1st Flr., W.W. 112, East Wing Dorothy E. Downton Milton A. Friedman Robert T. Hartmann lst. Flr., W.W. 114, EOB 1st Flr., West Wing Roland Elliott Gertrude B. Fry Eliska A. Hasek 94, EOB 84, EOB 117, EOB Jeffrey P. Eves Leonard Garment William Henkel, Jr. 187, EOB 182, EOB 348, EOB Andrew Falkiewicz Lawrence M. Higby 165, EOB 253, EOB Michael J. Farrell David R. Gergen Anne E. Higgins 100 East Wing 115, EOB 98, EOB J. Curtis Fee Alan Greenspan James R. Holland 143, EOB 134, EQB 157, EOB Mary Alice Fenton Bill Gulley James H. Holmes 94, EOB 210, East Wing 94, EOB Sanford L. Fox John S. Guthrie David C. Hoopes 202, East Wing 168, EOB STAFF ASSISTANTS AND ABOVE W. Richard Howard Daniel T. Kingsley Charles Lichenstein 197, EOB 351, EOB 2nd Flr., W.W. Nancy Howe Henry A. Kissinger Robert D. Linder 206, East Wing lst. Flr., W. W. Gr. Flr., W.W. John W. Hushen Virginig H. Knauer Patricia S. Lindh 1st Flr., W. W. 6003, FOB #7 198, EOB Jerry H. Jones Noel C. Koch Vernon C. Loen Gr. Flr., West Wing 126, EOB 112, East Wing Sidney L. Jones Tom Korologos Dr. William Lukash 145, EOB 107, East Wing Residence George A. Joulwan William M. Lamont, Jr. Theodore C. Marrs 1st, Flr., West Wing 139, EOB 103, EOB Karen R. Keesling Gen. Richard L. Lawson John O. Marsh, Jr. 196, EOB 210, East Wing lst. Flr., W.W. Robert A. Kelly Gregori Ledebev Patricia J. Matson 157, EOB 139, EOB 208, East Wing David H. Kennerly Mildred V. Leonard Nancy Lammerding 1st. Flr., W.W. Gr. Flr., W.W. 200, East Wing Kenneth L. Khachigian Andre Le Tendre STAFF ASSISTANTS AND ABOVE Robert Mead Patrick O'Donnell Eric C. Rosenberger 1st. Flr., W.W. 107, East Wing 348, EOB Paul A. Miltich Terrence O'Donnell 160, EOB 1st Flr., W.W. Powell A. Moore Robert B. Off Warren S. Rustand 1st. Flr., W.W. 143, EOB 171, EOB Caron A. McCannon Frank R. Pagnotta Michael A. Sammuels 411, EOB 281, EOB 2nd Flr., W.W. Ann M. Morgan Allen Parmenter William M. Scranton 114, EOB 351, EOB West Wing Ronald J. Naples Pamela A. Powell Samuel A. Schulhof 2nd Flr., W.W. 190, EOB 134, EOB Jack Nesbitt Raymond K. Price, Jr. Stanley S. Scott 487, EOB 170, EOB 179, EOB Ron Nessen John Ratchford Gen Brent Scowcroft lst. Flr., W.W. 1st Flr., West Wing 1st Flr., W.W. John E. Nidecker John W. Roberts L. Williamseidman 346, EOB 1st Flr., W.W. 268, EOB Elizabeth Nolan Donald Rodgers Robert G. Shaw 17, EOB Kenneth A. Lazarus 186, EOB Kenneth A. Lazarus 186, EOB Richard P. Cheney West Wing Donald S. Lowitz 188-1/2, EOB Donald Murdoch 188-1/2, EOB William N. Walker 134, EOB Louis M. Thompson West Wing William W. Nicholson 174, EOL William E. Casselman II 106, EOB Cour October 24, 1974 MEMORANDUM FOR The Honorable Laurence H. Silberman Deputy Atterney General Attached are two copies of the October 24 memorandum for the White House Staff which has gone out. I understand you will advise Jack Miller of this memorandum and furnish him a 8 PY promptly. Thank you for your assistance. Philip W. Buchen Counsel to the President Attachments PWBuchen:ed FORD is LIBRARY 9ERALD THE WHITE HOUSE WASHINGTON October 24, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF SUBJECT: Court Order Regarding Presidential Materials of the Nixon Administration Attached is a copy of a Supplemental Order of the United States District Court for the District of Columbia, by Judge Charles R. Richey, issued October 22, 1974. The Defendants are: Arthur E. Sampson, Administrator of the General Services Administration; Philip W. Buchen, Counsel to the President; and H. Stuart Knight, Director of the Secret Service. Please note: 1) The order enjoins "the Defendants, their superiors, agents, and assigns" against certain acts. 2) The order applies to "the materials, including documents, tapes and other papers, known as the 'Presidential materials of the Nixon Administration' that are presently in the custody and control of the Defendants." 3) The order enjoins the persons affected "from dis- closing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials." The order does not prohibit use of the papers for court, prosecutorial or grand jury matters, or for purposes of current government business. Although the order by its terms does not apply to all members of the White House staff, all White House staff per- sonnel are expected to act as if they were bound by it. Similarly, all materials and papers prepared during the Administration of President Nixon should be regarded as actually or potentially subject to the order. 2 Attached also is a copy of an August 9, 1974, memo- randum from Jerry H. Jones on the subject of collecting and segregating "papers of the White House Office at the time of President Nixon's resignation as well as those enroute at the time and intended for him." Based on the August 9, 1974, memorandum and the printed attachment to it, and in accordance with Judge Richey's order, I have notified counsel to Mr. Nixon and hereby give my con- sent that: (i) The remaining papers in the files of the White House Office which have not yet been segregated and placed in storage may be used to complete implementing the August 9, 1974, memorandum. (ii) Papers necessary for purposes of current govern- ment business shall be used for such purposes if practi- cable in the form of duplicated files as provided in the memorandum, and a listing of any files so duplicated shall be supplied to me. Implementation of the August 9 memorandum shall be completed by November 1, 1974, except that no papers will be prepared, as provided in that memorandum, "for shipment." To this end, each member of the White House staff subject to the August 9 memorandum shall certify in writing to this office, by November 1, that the collection and segregation called for have been com- pleted, and that the materials have been stored within the White House complex as designated by the Office of Presidential Papers. John Nesbitt, supervisory archivist of the Office of Presidential Papers (Extension 2545) and his staff will be calling on you and will be available for assistance. Philip W. W.Tanden Buchen Counse) to the President Enclosures COPY UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RICHARD M. NIXON : Plaintiff : V. : C.A. No. 74-1518 ARTHUR F. SAMPSON, et al., : Defendants : and : THE REPORTERS COMMITTEE FOR FREEDOM : OF THE PRESS, et al., : Plaintiffs : V. C.A. No. 74-1533 : ARTHUR F. SAMPSON, et al., : Defendants : SUPPLEMENTAL ORDER Upon consideration of the Temporary Restraining Order issued yesterday, dated October 21, 1974 at 4:20 p.m., and upon consideration of the parties' requests for certain modifications thereof, and it appearing that the parties consent to said modifications and that the same are con- sistent with the ends of justice, and it appearing that the aforesaid Order as well as this Supplemental Order are necessary to preserve the status quo in the above-entitled litigation, it is by the Court this 22nd day of October, 1974, ORDERED, that the Court's Order of October 21, 1974, be and the same is hereby amended and supplemented as follows: ORDERED, that the Motions for a Temporary Restraining Order be, and the same are hereby granted in part and denied in part; and it is COPY 2 FURTHER ORDERED, that the Defendants, their superiors, agents and assigns are, subject to the conditions hereinafter described in the balance of this Order, hereby enjoined from disclosing, transferring, disposing or otherwise making known to any person, be he/she private citizen or public official, the materials, including documents, tapes and other papers, known as the "Presidential materials of the Nixon Administration", that are presently in the custody and control of the Defendants; and it is FURTHER ORDERED, that the Defendants are hereby enjoined from effectuating the terms and conditions of the "Agreement" entered into by Richard M. Nixon and Arthur F. Sampson, on or about September 6, 1974, and it is FURTHER ORDERED, that the injunction shall not serve as a bar to the production of said materials pursuant to a validly- issued subpoena, discovery demand, or court order in any civil or criminal case, either outstanding or while this injunction is extant; or to the production of said materials in regard to the ongoing Watergate criminal trial before United States District Judge John Sirica; or to the production of said material pursuant to requests by the Special Prosecutor, or to a validly issued subpoena by a Grand Jury; or to the use of said materials, with prior notification to counsel for Plaintiff Richard M. Nixon and with the consent of Defendant Philip W. Buchen, for purposes of current government business, and it is FURTHER ORDERED, that Plaintiff Richard M. Nixon, or his attorney, shall be afforded access to said materials under current access procedures established by Defendants for the sole purposes of preparing to testify in the Watergate trial and determining whether to raise any privileges or defenses he believes he might have in opposition to production of said materials for current government business or pursuant to requests by the Special Prosecutor or to validly-issued sub- poenas, discovery demand or a court order, and if Plaintiff Richard M. Nixon shall be unable to physically do so, the government Defendants shall provide copies of said materials for such use, but he shall not disclose or divulge the contents thereof except in regard to his testimony or in response to validly-issued subpoenas, and said copies shall be returned promptly to the Defendants when such purposes have been served; and it is COPY 3 FURTHER ORDERED, that any person either now or previously a member of the White House staff shall be afforded access under current access procedures established by Defendants, with or without his/her attorney present, to said materials which comprise or comprised his/her files while a member of the White House staff, and be allowed to take notes regarding the same, but not to make copies thereof, all the above solely for any purposes relating to criminal investigations or prosecutions; and it is FURTHER ORDERED, that any search conducted for purposes of producing or using said materials as provided in this Order shall be conducted jointly by Defendant Philip W. Buchen, or his agent, and counsel for Plaintiff Richard M. Nixon, or his agent, and said persons shall take such steps as are necessary to assure that the search for and copying of said materials will in no way destroy or affect the original charac- ter of any of the materials, including tapes, documents or other papers referred to herein; and it is FURTHER ORDERED, that the Plaintiffs shall not be required to post any bond; and it is FURTHER ORDERED, that this injunction shall be effective for ten (10) days and shall be renewed upon proper application of the parties. /s/ CHARLES R. RICHEY Charles R. Richey United States District Judge United States District Court for the District of Columbia A TRUE COPY JAMES F. DAVEY, CLERK, By /s/ ESTHER E. CREIDEN October 22, 1974 Time 2:35 p.m. THE WHITE HOUSE WASHINGTON August 9, 1974 MEMORANDUM FOR THE WHITE HOUSE STAFF: By custom and tradition, the files of the White House Office belong to the President in whose Administration they are accumulated. It has been the invariable practice, at the end of an Administration, for the outgoing President or his estate to authorize the depository or disposition to be made of such files. President Taft in his book "Our Chief Magistrate and his Powers, " made the following reference to this practice: "The retiring President takes with him all the correspondence, original and copies, which he carried on during his Administration. " In the interest of continuing this practice, it has been directed that, so long as President Nixon's files remain in the White House Office, there is to be no intermingling of the files of the two Administrations. This applies of course both to the Central Files and the files in the offices of the various members of the staff. Papers of the White House Office at the time of President Nixon's resignation as well as those enroute at that time and intended for him shall be considered as belonging to the Nixon Administration files. Of course, some Nixon Administration files may be needed for future reference. These files should be duplicated and placed with all other papers accumulated after noon today which constitute a new set of files for President Ford. Specifically, please expedite the return of all withdrawals you have made from Central Files. On Monday, August 12, archivists under the supervision of John R. Nesbitt, Office of Presidential Papers, will be available to alssist in the collection and segregation of President Nixon's papers. for shipment. Meanwhile, please read the attached instructions. erry H. Jones Special Assistant. to the President WHITE HOUSE OFFICE PAPERS By custom and tradition, all White House Office of newspapers or magazine clippings; and copies papers are regarded as the personal property of of records of a personnel nature relating to n per- the President and subject to such control and dis- son's employment or service. Personal files should position as he may determine. At the close of the not include any copies, drafts or working papers Administration, the entire collection of papers now that relate to official business or any documents or being created may be expected to be deposited in records, whether or not adopted, made or received a Presidential library similar to the libraries that in the course of official business. preserve the papers of the last six Presidents. To 3. Each staff office shall forward regularly to provide the President with a complete and accu- Central Files three copies of all outgoing official rate record of his tenure in office, the White House business consisting of correspondence and memo- staff must oversee the preservation of the papers randa. One copy of all other outgoing related it generates. materials should also be filed. The procedures set forth in this document rep- 4. Each staff office shall forward regularly to resent the collective thinking of many members of Central Files any incoming official business from the staff as to how best to preserve papers and sources other than White House staff offices after documents for the President. Compliance with action, if any, has been taken. Each staff office, if these procedures is an expression of loyalty by the it SO desires, may keep a copy of such incoming staff to the President. For these procedures to be official business for its own working files. effective, it will require cooperation and assistance 5. Each staff office shall forward regularly to of every staff member. Central Files any originals of incoming official The security classification of each document business from other White House staff offices after prepared in the White House is determined by the action, if any, has been taken and if such originals individual staff member writing it in accordance were not intended to be returned to the sender. with Executive Order 10501-or other applicable If desired, a copy may be kept for the staff's work- Executive Orders. He is responsible for insuring ing files. that the classification assigned to his work reflects 6. Each staff office shall forward to Central Files the sensitivity of the material concerned, and also at such times as it determines to be appropriate for making certain that this classification is not all working files of official business which are in- excessively restrictive. active and no longer needed. These files will be stored by office as well as listed by subject matter. White House Office Papers: Filing with Central They will, of course, always be available for later Files reference. 7. Each staff office at its own discretion may seg- 1. It is requested that the maximum possible regate any materials that it believes to be partic- use be made of Central Files, and the procedures ularly sensitive and which should not be filed by listed below be followed. This will aid in the faster subject matter. Such sensitive materials should be and more complete retrieval of current informa- forwarded to the Staff Secretary on the same basis tion, eliminate unnecessary duplication of files, as outlined in paragraphs 3 through 6 in an en- prevent excessive xeroxing, and maximize preser- velope marked SENSITIVE RECORDS FOR vation of White House papers. STORAGE with the office or individual from 2. Each staff member shall maintain his per- which they are sent marked on the outside and (as sonal files separate from any working files he may appropriate) a list of inventory in general terms keep on official business and clearly designate them attached. This list of inventory should also be as such. Personal files include correspondence un- sent to Central Files SO that notations can be made related to any official duties performed by the staff in subject files that certain material is missing from member; personal books, pamphlets and periodi- the file. These materials will be filed in locked con- cals; daily appointment books or log books; folders tainers and will only be made available to the in- dividual or office from whom they were received. 3. A staff member, upon termination of employ- 8. No defense material classified under Execu- ment, may at his discretion make copies for his tive Order No. 10501 with a classification of TOP personal use of a carefully chosen selection of the SECRET or Restricted Data under the Atomic following types of documents within his files: Energy Act of 1954 should be forwarded to Cen- (A) Documents which embody original intel- trul Files. All such material should be forwarded lectual thought contributed by the staff member, to the Staff Secretary for storage. such ILH research work and draftsmanship of 9. No exceptions to the above shall be made speeches and legislation. without the express consent of the Counsel to the (B) Documents which might be needed in President. Additional advice on the operation of future related work by the individual. Central Files may be obtained from Frank 4. No staff members shall make copies as per- Matthews, Chief of Central Files (Ext. 2240). mitted in paragraph three of any documents which contain defense material classified as CONFI- White House Office Papers: Disposition of Papers DENTIAL, SECRET OR TOP SECRET under Upon Leaving Staff Executive Order No. 10501, Restricted Data under 1. Upon termination of employment with the the Atomic Energy Act of 1954, or information staff, each staff member will turn over his entire supplied to the government under statutes which files to Central Files with the exception of any make the disclosure of such information a crime. personal files he might have maintained. 5. Each staff member who decides to make copies 2. Personal files include: correspondence unre- of such documents described in paragraph three lated to any official duties performed by the staff shall leave a list of all such documents copied with member; personal books, pamphlets and periodi- Central Files. This will enable retrieval of a docu- cals; daily appointment books or log books; folders ment in the event that all other copies of it and the of newspaper or magazine clippings; and copies original should be later lost. of records of a personal nature relating to a per- 6. The discretionary authority granted in para- son's employment or service. Personal files should graph three is expected to be exercised sparingly not include any copies, drafts, or working papers and not abused. All White House Office papers, that relate to official business; or any documents or including copies thereof, are the personal property records, whether or not adopted, made or received in the course of official business. The White House of the President and should be respected as such. Office of Presidential Papers, staffed by represen- Any copies retained by a staff member should tatives of the National Archives, is available to be stored in a secure manner and maintained assist staff members in the determination of what confidentially. are personal files. Any question in this regard 7. All confidential and sensitive materials will should be resolved with their assistance by con- be protected from premature disclosure by specific tacting John Nesbitt, supervisory archivist of the provisions of the Presidential Libraries Act of Office of Presidential Papers (Ext. 2545). 1955 (44 U.S.C. 2108). October 30, 1974 Herbert J. Miller, Jr., Esq. Miller, Cassidy, Larroca & Lewin 1320 19th Street, N.W. Washington, D. C. 20036 Re: Richard M. Nixon V. Arthur F. Sampson, et al., C.A. No. 74-1518; and The Reporters Committee for Freedom of the Press, et al. V. Arthur F. Sampson, et al., C.A. No. 74-1533 Dear Mr. Miller: Enclosed find a copy of a Memorandum For The White House Staff dated October 24, 1974 with Judge Richey's Supplemental Order and August 9, 1974 Memorandum For The White House Staff attached. We are advised that the enclosed Memorandum was distributed to the White House Staff on October 24, 1974. Yours truly, Carla A. Hills CAH:bp Enclosure CC: Mr. Laurence H. Silberman Deputy Attorney General Philip W. Buchen, Esq. Counsel to the President FORD CERALD LIBRARY October 30, 1974 Herbert J. Miller, Jr., Esq. Miller, Cassidy, Larroca & Lewin 1320 19th Street, N.W. Washington, D. C. 20036 Re: Richard M. Nixon v. Arthur F. Sampson, et al., C.A. No. 74-1518; and The Reporters Committee for Freedom of the Press, et al. V. Arthur F. Sampson, et al., C.A. No. 74-1533 Dear Mr. Miller: Enclosed find a copy of a Memorandum For The White House Staff dated October 24, 1974 with Judge Richey's Supplemental Order and August 9, 1974 Memorandum For The White House Staff attached. We are advised that the enclosed Memorandum was distributed to the White House Staff on October 24, 1974. Yours truly, Carla A. Hills CAH:bp Enclosure CC: Mr. Laurence H. Silberman Deputy Attorney General Philip W. Buchen, Esq. Counsel to the President FORD LIBRARY