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24824003
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Nixon - Papers House Committee on Government Operations Investigations of Preservation and Security Arrangements (2)
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24824003
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Nixon - Papers House Committee on Government Operations Investigations of Preservation and Security Arrangements (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
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1977-01-01
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1977
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1976-10-01
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1976
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The original documents are located in Box 31, folder "Nixon - Papers House Committee on Government Operations Investigations of Preservation and Security Arrangements (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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. U. S. SECRET SERVICE AD Burke - Protective Research October 1, 1976 CO-1-23,206 ASAIC Ready - Liaison Division CO-1-23,208 Protection of White House Files and Tapes Reference is made to Mr. Philip W. Buchen's memorandum to Director H. S. Knight, dated September 20, 1976. The purpose of this memorandum was to authorize the placement of a hydro- thermographic device and such other test equipment as needed in Rooms 84 and 522 OEOB, and the periodic inspections of such equipment. On September 28, 1976, Miss Joan Howard and Mr. Ronald Plavchan, Archivists; Messrs. Paul Reisch, Edwin Baldwin, and Hosea Asberry, General Services Administration; and EPS Officers R. Forward and M. Craft entered Room 522 to place within a hydrothermographic device. Prior to the installation, this device was inspected by Security Specialist Harold F. Biffle, Technical Security Division, U. S. Secret Service. It was decided that the periodic inspections would be con- ducted every Tuesday and Friday at 9:30 a.m. On Tuesday the graphic paper would be removed and a new one installed by Miss Howard. There is attached a memorandum from Mr. Buchen to Director H. S. Knight, dated October 1, 1976, which states: "In accordance with the attached request from Mr. R. Stan Mortenson, dated September 24, 1976, this is to authorize entry into Safe Zone 128 by Gertrude Fry for the purpose of removing the tapes identified in that request and having them duplicated by the White House Communications Agency under our normal operating procedures. Mr. Mark Decker of this office and a representative of the Executive Protective Service are to remain present with the original recordings at all times. Following duplication, the original recordings BERALD FORD LIBRARY Digitized from Box 31 of the Philip Buchen Files at the Gerald R. Ford Presidential Library - 2 - should be returned to the vault and the duplicates provided to Barry Roth of my staff." Attached to this memorandum is a report of EPS Officer Maurice R. Craft, dated October 1, 1976, pertaining to the procedures in the removal and returning to Safe Zone 128 and duplication of tapes referred to in Mr. Buchen's memorandum to Director H. S. Knight, dated October 1, 1976. Attached to Officer Craft's report is one properly executed receipt by Mrs. Gertrude B. Fry and Officer Craft, and witnessed by Mark O. Decker, of Mr. Buchen's staff, dated October 1, 1976. Also attached are two duplication forms, properly completed, dated October 1, 1976. It should be noted that three tapes were removed from Safe Zone 128, however, #3, as listed on the receipt, was returned to Safe Zone 128 without being duplicated. There is outstanding Mr. Philip W. Buchen's memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and duplication of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the project's completion. Also outstanding is Mr. Buchen's memorandum to Director H. S. Knight, dated June 25, 1976, which authorizes Mr. R. Stan Mortenson (Counsel for Mr. Nixon) to enter Room 522 or the vault in Room 84 at such times as he requests. Outstanding also is Mr. Buchen's memorandum to Director H. S. Knight, dated July 9, 1976, which authorizes Ms. Marge Acker, as duly appointed agent for Mr. Nixon, to enter Room 522 or the vault in Room 84, OEOB, at such times as she requests. All authorizations not already in the possession of the ann, LIBRARY - 3 - Legal Counsel, U. S. Secret Service, are attached to his copy of this report. Jal ASAIC John I. Ready D. Ready CC: Legal Counsel w/a BRARY + BERALUM LAW OFFICES MILLER, CASSIDY. LARROCA & LEWIN 2555 M STREET. N.W. - SUITE 500 WASHINGTON, D. C. 20037 AREA CODE 202 TELEPHONE 293-5400 HERBERT J. MILLER. JR. JOSEPH S. MCCARD JOHN JOSEPH CASSIDY COURTNEY A. EVAN RAYMOND G. LARROCA ANDREW F. DEHMA NATHAN LEWIN OF COUNSEL MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. R. STAN MORTENSON THOMAS B. CARR WILLIAM C. BRYSON JAMIE S. GORELICK September 24, 1976 Mr. Barry Roth Assistant Counsel to the President The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear Barry: In connection with our representation of former President Nixon I hereby request access to copies of the tape recordings which correspond, to the enclosed list. Sincerely, R. Stan Mortenson RSM/tc Enclosure FORD is LIBRARY QERALD THE WHITE HOUSE WASHINGTON October 1, 1976 MEMORANDUM FOR: H.S. KNIGHT Director United States Secret Service In accordance with the attached request from Mr. R. Stan Mortenson, dated September 24, 1976, this is to authorize entry into Safe Zone 128 by Gertrude Fry for the purpose of removing the tapes identified in that request and having them duplicated by the White House Communications Agency under our normal operating procedures. Mr. Mark Decker of this office and a representative of the Executive Protective Service are to remain present with the original recordings at all times. Following duplication, the original recordings should be returned to the vault and the duplicates provided to Barry Roth of my staff. Thank you for your assistance. T.W.B. Philip W. Buchen Counsel to the President CC: Gertrude Fry Bill Gulley FORD : LIBRARY GERALD EOB June 20, 1972-a.m. & p.m. June 21, 1972-p.m. June 22, 1972-a.m. June 26, 1972-p.m. June 27, 1972-p.m. June 28, 1972-a.m. & p.m. June 29, 1972-p.m. June 30, 1972-p.m. July 19, 1972-p.m. July 20, 1972-p.m. OVAL June 21, 1972-a.m. & p.m. June 22, 1972-p.m. June 26, 1972-a.m. & p.m. June 27, 1972-a.m. & p.m. June 30, 1972-a.m. & p.m. July 1, 1972-a.m. & p.m. July 19, 1972-a.m. & p.m. July 20, 1972-a.m. & p.m. FORD i BERALD LIBRARY TELE TAPES June 20, 1972-p.m. EOB & residence June 21, 1972-p.m. OVAL & residence June 22, 1972-p.m. EOB & residence June 24, 1972-a.m. & p.m. Camp David June 25, 1972-p.m. Cabin June 26, 1972-p.m. Residence June 27, 1972-p.m. EOB June 28, 1972-p.m. EOB & residence & Camp David June 29, 1972-p.m. Camp David & Residence June 30, 1972-p.m. Residence July 18, 1972-p.m. Residence July 19, 1972-p.m. OVAL & EOB July 20, 1972-a.m. & p.m. Residence FORD i OFRALD LIBRARY OPTIONAL FORM NO. 10 JULY 1973 EDITION G5A FPMR (41 CFR) 101.11.6 UNITED STATES GOVERNMENT Memorandum TO : ASAIC John Ready DATE:October 1, 1976 FROM : Officer Maurice R. Craft SUBJECT: Entry into Safe-Zone #128 At 1030 hours this date Ms. Fry and myself entered safe-zone #128 for the purpose of removing certain tapes. Three (3) tapes were removed and receipted for in the usual manner by Ms. Fry and myself and witnessed by Mark O. Decker. All times were verified with the Control Center by Officer Pellegrine who was outside the safe-zone. The tapes were taken to room 85,0EOB and given to WHCA technicians T.L. Morris and D.A. Wall for duplicating. The duplicates were given to Mark O. Decker. The originals were returned to the safe-zone and were receipted for in the usual manner by Ms. Fry and myself at 1226 hours this date. The time was verified with the Control Center by Officer Giglio who was present outside the safe-zone. Attached are the receipt and the duplication forms and the authorization. Maurice R. leaft Maurice R. Craft Officer White House Division Executive Protective Service GERALD LIBRARY FORD Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 RECEIPT box containing one tape, having written on the outside the following inscription: , Oval office 6-21-72 2 oval OFFICE 6/22/72 3 Oval OFFICE 6.26.72 To 520pm REEL 2200 RECEIVED: DELIVERED BY: DATE/TIME Maurice R. left 10/1/76 - 1030 hRS Hertrude B Fry Maurice Ship 10/1/76 - 1226 hRs WITNESSED BY: Mark O Decher GERALD ? FORD DATE: 10576 TIME: 1155 Fin Footage: Orig St Fin Dup Stcoo Fin they Recorder, Type Star ÷ Ser No. Original 568 Recorder, Type TELEX 300 Star ÷/F Ser No. Duplicate Recorder for Original: Record function disabled: Yes No Speed: Original 5/14 IPS Duplicate Recorded at 5/16 IPS Original Tape Marked: Oval office 6/22/72 Original Checked prior to Recording by MArk 0. Decker Int MOD Original Checked after Recording by MArk O. Decreas Int mso Duplicate Checked by MAVK O, Dechar Int MAD Persons present during recording: TERENCE / NoRRi> Int JUM DONAER A WALL Int DAW MAURICE R. CRAFT Int mile MARK O. Decker Int MOD Int Signed Tecense 1. Monis Title Did personnel monitor or listen to original or duplicate recordings? FORD & LIBRAR No DATE: / Oct 76 TIME: st/108 Fin 1155 Footage: Orig St Fin Dup stooo Fin 1175 Recorder, Type ; Star ÷ Ser No. Original Recorder, Type TELEX 300 Star # Ser No. Duplicate Recorder for Original: Record function disabled: Yes No Speed: Original 15/16 IPS Duplicate Recorded at 05/16 IPS Original Tape Marked: OVAL office 6-21-72 Original Checked prior to Recording by MARK O. Decheain MOD Original Checked after Recording by MArk O. Decker Int MDD Duplicate Checked by MARK 0. Decher Int MOD Persons present during/recording: TERENCE L MORRIS Int JLNI DONALD A. WALL Int. DAW MAURICE R CRaft Int MRS MArk 0. Decker Int MOD Int Signed Thanke 2. Morris Title Did personnel monitor or listen to original or duplicate BERALD recordinge R. FORD ? Yes No July 9, 1976 MEMORANDUM FOR H. 8. Knight Director, United States Secret Service In secordance with the Order of the United States District Court for the District of Columbia, entered January 7, 1976, in Nixon V. Administrator of General Services, et al., Ms. Marge Acker, as duly appointed agent for Mr. Nixon, has requested access to certain Presidential materials of the Nixon Administration. This will authorise Ms. Acker to enter Room 522 or the Vault in Rosm 84 at such times as she requests. Oa such entry, Ms. Acher must be accompanied by see or more employees of the Office of Presidential Materials, National Archives and Records Service. Ms. Ackor is also authorised to request copies of any of the documentary materials contained therein. Thank you for your assistance. Philip W. Buchea Counsel to the President PWB:BNR:ns FORD LAW OFFICES MILLER, CASSIDY, LARROCA & LEWIN 2553 M STREET, N.W. SUITE 500 WASHINGTON. D.C. 20037 - AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOHN JOSEPH CASSIDY JOSEPH S. MCCARTHY RAYMOND G. LARROCA COURTNEY A. EVANS NATHAN LEWIN ANDREW F. OEHMANN MARTIN D. MINSKER OF COUNSEL WILLIAM H. JEFFRESS. JR. R. STAN MORTENSON THOMAS B. CARR WILLIAM C. BRYSON JAMIE S. GORELICK April 26, 1976 Philip Buchen, Esquire Counsel to the President The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear Mr. Buchen: This letter is to serve as authorization for Ms. Marge Acker to have access, as agent for Richard Nixon, to all of the Presidential Materials of the Nixon Adminis- tration. Ms. Acker is also authorized to obtain copies of such materials as she may designate. Thank you for your assistance. Sincerely, R. Stan Mortenson RSM/tc cc Barry Roth, Esquire Tom Wolf LIBRARY GERALD P. FORD OPTIONAL FORM NO, 10 JUI 1 1973 EDITION wgl GSA FPMR (41 CFR) 101-11.6 UNITED STATES GOVERNMENT U. S. SECRET SERVICE Memorandum TO : AD Burke - Protective Intelligence DATE: August 6, 1976 CO-1-23,206 FROM : ASAIC Ready - Liaison Division CO-1-23,208 SUBJECT: Protection of White House Files and Tapes his During the week ending August 6, 1976, there were no entries made into the Vault in Room 84, Room 522, or Safe Zone 128. There is outstanding Mr. Philip W. Buchen's (Counsel to the President) memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and dupli- cation of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the completion of this project. There were no new authorizations issued by Mr. Buchen to Director H. S. Knight, for the week ending August 6, 1976. } ASAIC John I. D. Ready CC: Legal Counsel LIBRARY GERALD P. FORD Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 OPTIONAL FORM NO. 10 JULY 1973 EDITION GSA FPMR (41 CFRI 101.11.6 UNITED STATES GOVERNMENT U. S. SECRET SERVICE Memorandum up( TO : AD Burke - Protective Intelligence DATE: August 13, 1976 CO-1-23,206 FROM : ASAIC Ready - Liaison Division CO-1-23,208 SUBJECT: Protection of White House Files and Tapes gives During the week ending August 13, 1976, there were no entries made into the Vault in Room 84, Room 522, or Safe Zone 128. There is outstanding Mr. Philip W. Buchen's (Counsel to the President) memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and dupli- cation of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the completion of this project. There were no new authorizations issued by Mr. Buchen to Director H. S. Knight, for the week ending August 13, 1976. John ASAIC I. D. Ready CC: Legal Counsel FORD & DERALD LIBRARY Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 OPTIONAL FORM NO. 10 JULY 1973 EDITION CSA FPMR (41 CFR) 101-11.6 UNITED STATES GOVERNMENT Memorandum Loxe. U.S. SECRET SERVICE TO : AD Burke - Protective Intelligence DATE: August 24, 1976 FROM : ASAIC Ready - Liaison Division CO-1-23,206 CO-1-23,208 SUBJECT: Protection of White House Files and Tapes R onfice During the week ending August 20, 1976, there were no entries made into the Vault in Room 84, Room 522, or Safe Zone 128. There is outstanding Mr. Philip W. Buchen's (Counsel to the President) memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and dupli- cation of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the completion of this project. There were no new authorizations issued by Mr. Buchen to Director H. S. Knight, for the week ending August 20, 1976. Jae CC: Legal Counsel LIBRARY GERALD R. FORD 5010-110 Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan OPTIONAL FORM NO. 10. JULY 1973 EDITION GSA FPMR (41 CFR) 101-11.6 UNITED STATES GOVERNMENT U. S SECRET SERVICE Memorandum TO : AD Burke - Protective Intelligence DATE: September 3, 1976 FROM : ASAIC Ready - Liaison Division CO-1-23,206 CO-1-23,208 SUBJECT: Protective of White House Files and Tapes or There is outstanding Mr. Philip W. Buchen's (Counsel to the President) memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and dupli- cation of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the project's completion. Also outstanding is Mr. Buchen's memorandum to Director H. S. Knight, dated June 25, 1976, which authorizes Mr. R. Stan Mortenson (Counsel for Mr. Nixon) to enter Room 522 or the vault in Room 84 at such times as he requests. Outstanding also is Mr. Buchen's memorandum to Director H. S. Knight, dated July 9, 1976, which authorizes Ms. Marge Acker, as duly appointed agent for Mr. Nixon, to enter Room 522 or the vault in Room 84, OEOB, at such times as she requests. There were no new authorizations issued by Mr. Philip W. Buchen for Director H. S. Knight, for the week ending September 3, 1976. Jal Ready CC: Legal Counsel = FORD OTHER LIBRARY 5010-110 Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan OPTIONAL FORM NO. 10 JULY 1973 EDITION GSA FPMR (41 CFR) 101-11.6 UNITED STATES GOVERNMENT U. S. SECRET SERVICE Memorandum TO : AD Burke - Protective Intelligence DATE: September 10, 1976 CO-1-23,206 FROM : ASAIC Ready - Liaison Division CO-1-23,208 SUBJECT: Protection of White House Files and Tapes There is attached a memorandum from Mr. Philip W. Buchen, Counsel to the President, to Dr. James B. Rhoads, Archivist of the United States, dated September 2, 1976, which states: "Referencing your letter to me of September 1, 1976, con- cerning the water leak which was discovered in the vault in Room 84 of the Old Executive Office Building, I have provided a copy of your report to Mr. Mortenson (attorney for former President Nixon). With respect to Items No. III and IV of your report, either you or your designee is hereby authorized to enter the vault in Room 84 and Room 522 of the Old Executive Office Building, as necessary, for the purpose of conducting periodic inspec- tions. Of course, such entry should be made in accordance with the procedures found in 41 CFR 105-63 concerning the preservation and protection of the Nixon historical materials. I believe that this measure will allow for adequate protec- tion of the Nixon Presidential materials for the interim period that they remain in the Old Executive Office Building. As you are aware, there are no shelving units in either Room 522 or in Safe Zone 128. However, all Nixon Presiden- tial materials contained therin are stored in safes or similar metal storage cabinets which should serve to minimize any storage problems during this interim period. In addition, the temperature and humidity in Safe Zone 128 were checked by GSA engineers in the summer of 1975. Mr. Wolf (Thomas P. Wolf, former Director, Presidential Materials) was advised by my office of the results of these tests, and it is my understanding he was advised by members of your staff that the temperature and humidi this room were within acceptable limits for the storage of the tape recordings. KLIBRARY Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 - 2 - Also attached is a memorandum from Mr. Rhoads to Mr. Buchen, dated August 26, 1976, which reads: "Having completed the transfer of most of the Nixon materials to the Washington National Records Center, we are now ready to initiate the other preservation measures authorized by the order of the United States District Court for the District of Columbia, dated April 15, 1976. These measures include the rewinding and inspection of tapes presently in your custody. We have retained the services of Robert Halvorson as technical consultant on the matter of tape preservation, and we plan to employ him further to train and supervise technicians in the actual rewinding of the tapes. Mr. Halvorson is familiar with these tapes, having worked with them in 1974. For your information, I enclose a copy of his report on "Preservation of the Nixon Presidential Tape Recordings." We would like to begin this lengthy rewinding process as soon as possible, and request that you make arrangements with the Executive Protective Service to provide access to the tapes for us beginning September 15, 1976." Attached is a memorandum from Mr. Buchen to Mr. Mortenson, dated September 3, 1976, stating: "Enclosed is a letter to me dated August 26, 1976, from Dr. James B. Rhoads, Archivist of the United States, in which he requests permission to begin rewinding the Nixon Presidential tape recordings, in accordance with the provisions of the motion filed on March 23, 1976, by the government in Nixon V. Administrator and subsequently approved by the Court in its Order of April 15, 1976. Dr. Rhoads' request does not include listening to these recordings and appears to be consistent with the above- referenced Order. Accordingly, it is my intention to LIBRARY FORD FORD GERALD LIBRARY CERALD - 3 - approve Dr. Rhoads' request. However, I would appreciate as soon as possible any comments or suggestions you may have regarding the procedures described in Dr. Rhoads' letter and the enclosed report.' On September 9, 1976, Mr. Barry N. Roth, Assistant Counsel to the President, said that Mr. Mortenson was out of town and had not replied to Mr. Buchen's letter. I recommended to Mr. Roth that a meeting be held to discuss the procedures for the re-winding project with representatives of the U. S. Secret Service, Archivists of the United States, Mrs. Trudy Fry, who, as Mr. Buchen's designated agent, has custody and control of the tape recordings, and Mr. Roth. He agreed to such a gathering, and further said that the re-winding project would not begin before September 27, 1976. At this time, I telephonically discussed the rewinding project with Mr. David Martin, Legal Counsel, U. S. Secret Service, and requested his presence for procedural discus- sions, to which he agreed. There is outstanding Mr. Buchen's memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and duplication of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the project's completion. Also outstanding is Mr. Buchen's memorandum to Director H. S. Knight, dated June 25, 1976, which authorizes Mr. R. Stan Mortenson to enter Room 522 or the vault in Room 84 at such times as he requests. Outstanding also is Mr. Buchen's memorandum to Director H. S. Knight, dated July 9, 1976, which authorizes Ms. Marge Acker, as duly appointed agent for Mr. Nixon, to enter Room 522 or the vault in Room 84, OEOB, at such times as she requests. FORD GERALD LIBRARY - 4 - There were no new authorizations issued by Mr. Buchen for Director H. S. Knight, for the week ending September 10, 1976. Jal ASAIC John I. D. Beef Ready CC: Legal Counsel w/a LISRARY GERALD P. FORD THE WHITE HOUSE 8 SEP WASHINGTON September 2, 1976 MEMORANDUM FOR Dr. James B. Rhoads Archivist of the United States Referencing your letter to me of September 1, 1976, concerning the water leak which was discovered in the vault in Room 84 of the Old Executive Office Building, I have provided a copy of your report to Mr. Mortenson. With respect to Items No. III and IV of your report, either you or your designee is hereby authorized to enter the vault in Room 84 and Room 522 of the Old Executive Office Building, as necessary, for the purpose of conducting periodic inspections of all electrical and plumbing apparatus contained therein. Of course, such entry should be made in accordance with the procedures found in 41 CFR 105-63 concerning the preservation and protection of the Nixon historical materials. I believe that this measure will allow for adequate protection of the Nixon Presidential materials for the interim period that they remain in the Old Executive Office Building. As you are aware, there are no shelving units in either Room 522 or in Safe Zone 128. However, all Nixon Presidential materials contained therein are stored in safes or similar metal storage cabinets which should serve to minimize any storage problems during this interim period. In addition, the temperature and humidity in Safe Zone 128 were checked by GSA engineers in the summer of 1975. Mr. Wolf was advised by my office of the results of these tests, and it is my understanding he was advised by members of your staff that the temperature and humidity in this room were within acceptable limits for the storage of the tape recordings. T.W.B. Philip W. Buchen Counsel to the President CC: R. Stan Mortenson Irwin Goldbloom, Esq. is FORD GERALD LIBRARY THE WHITE HOUSE 8 SEP WASHINGTON September 2, 1976 MEMORANDUM FOR Dr. James B. Rhoads Archivist of the United States Referencing your letter to me of September 1, 1976, concerning the water leak which was discovered in the vault in Room 84 of the Old Executive Office Building, I have provided a copy of your report to Mr. Mortenson. With respect to Items No. III and IV of your report, either you or your designee is hereby authorized to enter the vault in Room 84 and Room 522 of the Old Executive Office Building, as necessary, for the purpose of conducting periodic inspections of all electrical and plumbing apparatus contained therein. Of course, such entry should be made in accordance with the procedures found in 41 CFR 105-63 concerning the preservation and protection of the Nixon historical materials. I believe that this measure will allow for adequate protection of the Nixon Presidential materials for the interim period that they remain in the Old Executive Office Building. As you are aware, there are no shelving units in either Room 522 or in Safe Zone 128. However, all Nixon Presidential materials contained therein are stored in safes or similar metal storage cabinets which should serve to minimize any storage problems during this interim period. In addition, the temperature and humidity in Safe Zone 128 were checked by GSA engineers in the summer of 1975. Mr. Wolf was advised by my office of the results of these tests, and it is my understanding he was advised by members of your staff that the temperature and humidity in this room were within acceptable limits for the storage of the tape recordings. T.W.B. Philip W. Buchen Counsel to the President CC: R. Stan Mortenson Irwin Goldbloom, Esq. UNITED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION 3/8 National Archives and Records Service # Washington, DC 20408 AUG 2 6 1976 Honorable Philip W. Buchen Counsel to the President The White House Washington, D.C. 20500 Dear Phil: Having completed the transfer of most of the Nixon materials to the Washington National Records Center, we are now ready to initiate the other preservation measures authorized by the order of the United States District Court for the District of Columbia, dated April 15, 1976. These measures include the rewinding and inspection of tapes presently in your custody. We have retained the services of Robert Halvorson as technical consultant on the matter of tape preservation, and we plan to employ him further to train and supervise technicians in the actual rewinding of the tapes. Mr. Halvorson is familiar with these tapes, having worked with them in 1974. For your infor- mation, I enclose a copy of his report on "Preservation of the Nixon Presidential Tape Recordings." We would like to begin this lengthy rewinding process as soon as possible, and request that you make arrangements with the Executive Protective Service to provide access to the tapes for us beginning September 15, 1976. Please contact me if you have any questions about this matter. Sincerely, Best JAMES B. RHOADS Archivist of the United States Enclosure REVOLUTION FORD & 03RALD LIBRARY 1716-1976 Keep Freedom in Your Future With U.S. Savings Bonds HALVORSON Box 9975 Chevy Chase, Md. 20015 Telephone (301) 654-1698 ASSOCIATES Preservation of the Nixon Presidential Tape Recordings by Robert L. Halvorson, Technical Consultant National Archives and Record Service (NARS) The purpose of this report is to justify and outline a necessary technical step in the preservation of the Nixon Presidential Tape Recordings to enhance the ultimate usefulness of the recordings for the time when transcribing is authorized after the current inactive storage period. The necessary technical step for preservation is the physical rewinding of all the tapes to minimize deterioration which may likely occur if the tapes continue to be stored in their present condition. The plan outlined below bars any listening, duplicating or transcribing during the preservation process. The processing of the White House tapes other than preservation is covered in some detail in the General Services Administration Report to Congress on Title 1, Presidential Recordings and Materials Preservation Act, P. L. 93-526, March 1975 as revised October 15, 1975, under section E-Processing the White House Tapes. Present Condition of the Tapes: Approximately 900 five inch reels of magnetic tape (very thin, 1/2 mil) 1800 feet in length recorded at several locations over approximately a period of two years are now stored in the Executive Office Building in the White House complex. Each reel was recorded at 15/16 IPS resulting in a recording duration of 6 hours per reel or approximately 5,000 hours total time for the 900 reels. The actual total length of recording time is uncertain with respect to total available tape length time until a survey is made. Technical Consultant is not aware of any previous survey to determine actual individual reel or total recording time. The recorded tapes are stored, according to our understanding, on the original five inch reels as received from the tape manufacturer. Each reel is contained in a white chip board box and the boxes are Llect- of the U.S. Secret Service. ively stored in four, four-drawer file cabinets under the DERMOD drotection Page 1 of 5 As 1s normal during the original recording process, the fresh blank tape reel was placed on the left-hand supply reel of the Sony Model 800B tape recorder. As the individual recording took place the tape moved from the left-hand supply reel passing the recording head from left to right and was spooled onto the right-hand take-up reel. At the end of the available 6 hours of tape the supply reel was empty and the take-up reel to the right was full of tape. To store the tape, after recording, the full take-up reel was then rewound (right to left) back onto the supply reel. This rewinding process immediately after recording results typically in a loose, uneven wind, with "heads out", meaning the start of the recording is at the outside layer or full diameter of the roll of tape. The advantage of "heads out" storage is that the tape is ready to play immediately when placed on the machine. However, the disadvantage, and principal cause for the present apprehension and concern for the preservation of the subject tapes is the resulting loose, uneven wind. This type of wind is not satisfactory for long term storage of tapes because of the likely damage to tape edge and possible physical distortion of the tape layer itself. A further disadvantage of the loose, uneven wind is the contamination of the oxide surface of the projecting layers by dust and moisture which can adversely affect the playing quality of the tape and tape playing equipment. The recording industry has recognized since the beginning of the use of tape machines that a flat, even wind on the tape reel for storage is essential to extend the useful life of the recording and the quality of the audio on playback. A properly tensioned wind, which is flat and even, minimizes contamination by dust and moisture, reduces or eliminates tape edge distortion, and over repeated playing on the machin the tape lasts longer with better audio quality. Typically, a flat, even wind for storage. is obtained by simply removing the take-up reel of tape with "tails out" as it comes from the right hand side of the machine after recording or playing. The machine itself, if properly adjusted, provides the flat, even wind correctly tensioned. The tape is then stored in its box standing on edge on its shelf until needed again. The disadvantage of having to re-wind the tape to the start before playing is small in comparison to the great advantage of proper storage condition. In fact after a long period of storage (perhaps a year) tape manufacturers recommend rewinding the tape before playing. Another most serious deterioration of tapes in long term inactive storage is the possibility of layer to layer adhesion of the tape. the reel. Layer to layer adhesion takes place when the oxide surface which contains the audio signal adheres or sticks to the backing of the adjacent layer. If this type of adhesion is greater than that which bonds the oxide surface to its proper backing the audio bearing oxide is to the wrong side nf the backing material and the tane is destroyed when unreeled in the playing process. Deterioration of this type is almost impossible to correct once it has taken place. The best remedy for this problem is, first, to use high quality tape for the original recording and, second, to periodically (once a year) rewind the tape to arrest the chemical action causing the layer to layer adhesion. Summary of the Tape Storage Problem: Due to (1) the loose, uneven wind of tapes in storage, and (2) the long term (1½ to 4 years) storage of a major portion of the tapes without rewinding, the quality and usefulness of the tapes may be jeopardized when duplicating and transcribing is authorized by court order. It is highly recommended by Technical Consultant that simple steps outlined below be taken to preserve the subject tapes. Recommendation for Preservation: It is recommended that the Presidential tapes currently in inactive storage in the Executive Office Building be rewound one by one on a machine or machines designed and adjusted to provide a proper wind for further and continued storage. It is recommended that the machine or machines be operated by competent personnel and under suitable security control to assure that the desired results are obtained and that the tapes are returned to storage after preservation steps have been taken without unauthorized duplicating, listening or transcribing. Function I. Rewinding the tapes: The recommended rewinding process involves use of a machine or machines which exist and are available and which operate in the same manner as a professional, high quality tape playing machine to provide a flat, even wind of the tape reel, with proper tension, for long term storage. Each individual reel of tape will be spooled from its current loose, uneven wind, by means of the machine, to the desired flat, even wind with "tails out". Extreme care will be exercised utilizing the services of competent technical personnel during the rewinding process. Difficulties which arise, if any, will be carefully noted in a permanent record and a log will be maintained of the progress from start to finisl of the tape preservation. To prevent unauthorized duplicating, listening or transcribing, the machines which are capable of performing these functions will be strictly excluded from the assigned tape rewinding area. Further, the recommended rewinding machine (s) will operate at very high speed with respect to the normal playing speed of the tapes. The rewinding will be accomplished at approximately fifty times normal playing speed. Several machines may be used simultaneously to reduce the overall time Page 3 of 5 for the rewinding preservation. If the work progresses smoothly with ,no delays in access to the tapes once the work commences, and assuming adhesion problems or other technical difficulties do not exist during the course of the work, it is expected that 100 reels per 8 hour day can be re-wound and the entire job can be completed in two weeks if simple rewinding is authorized by the court. Alternative A: Off-the-shelf tape rewinding machines are available from several manufacturers in the U.S. Typical of machines of this type is the RAMKO RESEARCH, Sacramento, California Model ACL/E of lower capability or the Model ACL-120BT/E of greater capability (data sheet attached). With the purchase of this equipment, NARS personnel. would be trained by Technical Consultant in proper operation, and further, the equipment. would be available to NARS for future rewinding preservation. Alternative B: NARS Technical Consultant is by way of training and experience a license professional engineer whose business is recording educational and commercial tapes. Among his capital equipment is a four unit tape machine of custom design with a capacity for rewinding four reels simultaneously at approximately fifty times normal tape playing speed to provide the desired result. Technical Consultant and machine is available to perform the rewind preservation with the assistance of NARS archival personnel. Function II. Rewinding the Tapes with Chart Record. One of the unknowns about the 900 reels of White House tapes is the amount of actual total recorded conversation time and the recorded time on the individual six hour reels. This uncertainty causes difficulty in estimating, for example, the time, facilities and personnel required to transcribe the tapes. A further difficulty is the lack of knowledge concerning presence or absence of recorded conversations on the individual reels currently in storage, for comparison with review in the future after inactive storage and when transcribing is authorized to begin. Again, the tapes have been in storage for 1½ to 4 years and may be stored for some time to come. A data reference obtained concurrently with the rewind preservation showing recorded conversation time and blan! or erased time on each individual reel would serve an extremely useful purpose in the record. of the, preservation of the subject tapes. A comparison of data obtained at the first rewind with that of subsequent rewinds would prove the integrity of the storage security. To obtain the signal versus no signal duration on the individual tape* LIBRAR BERALD reels after the present 1½ to 4 year storage period, Technical Page 4 of 5 Consultant recommends an additional simultaneous function be undertaken during the first rewind process. This additional function will provide a permanent paper chart record or graph of signal and/or no signal in the vertical direction of the chart VS. time duration of the individual reel tape recording in the horizontal direction of the chart. An X-Y paper chart of 11 by 17 inches for each reel of tape would form the record by proper cross reference identification. It must be emphasized strongly that although a pick-up tape head is required for reading signal or no signal on the recorded tape, again, the tape is moving at approximately 50 times normal speed and only time events (start and stop) of the audio signal would be indicated on the chart where 6 hours of tape would be displayed in the 17 inch horizontal dimension of the chart. Thus, the security against unauthorized monitoring or retrieval of audio intelligence is preserved with this technique. In summary, Technical Consultant believes that a knowledge of audio conversation VS. gaps (if any) after the current storage duration should be obtained during the first rewind preservation operation to prove the integrity of subsequent storage periods, and that such necessary knowledge can be obtained easily and quickly if NARS is authorized to perform Functions I and II above. Date april , 1976 Signed Page 5 of 5 LIBRARY GERALD ? FORD 13 1 2 3 12 4 11 5 10 9 6 8 7 OPERATING FEATURES 4-AC on/off switch. Easy to load. Takes only seconds to set up and 5-Tape take-up spindle. start. 6-Loads all sizes of tape cartridges. 7-Loads up to 7" reels from pancake supply. Automatic tape length determination. Playback speed selector eliminates guesswork. No need 8-Optional cassette adapter for ACL 25/E only. to divide or multiply for carts and cassettes to 9-Digital time select panel (select from 1 sec- be played back at different speeds. Simply set ond to 100 minutes, 00 seconds). selector to 17/8, 33/4 or 7½ i.p.s. 10-Tone/blank select (BT models only). 11-Playback speed select switch, 17/8, 33/4, 7½ Exclusive torsion control. Insures proper tape i.p.s. pack on all size hubs, cassettes and reels. 12-RUN/RESET switch. Accurate. Precise braking stops tape within one 13-Pancake adapter (for ACL-25/E only). second of playback time. Easy Reset. RESET/RUN switch resets circuitry, for next tape to be wound, without erasing pre- MODELS AND PRICES viously entered settings. ACL-25/E (30 i.p.s. winding speed) $185.00 Able to wind all tapes. Cartridge, cassette and ACL-120BT/E Tone and blank reel. winding but at 120 i.p.s. $545.00 Guaranteed performance. 2 year warranty on ACL-C Cassette adapter (standard all electronics and 6 months on mechanical on ACL-120's) $ 20.00 parts. ACL-P Pancake adapter for Loads from any tape source. All machines are ACL-25 only $ 8.00 capable of winding off of the smallest reels and/or up to 14" pancakes. Shipping weight: ACL-25's - 24 tos. DESIGN FEATURES ACL-120 - 29 tbs. 1-Take up tape tension control. Power requirement: 115 vac., 50/60Hz R. FORD 2-Light beam chopping tachometer. 3-Cue tone sense head (BT models only). FOB Factory LIBRARY DISTRIBUTED BY: Automatic Cart & Cassette Loaders Reduce your costs - Improve er tape pack on all sizes of hubs, inal winding speed) to our latest our quality - Increase your flex- cassettes and reels. Attention free high speed unit, the ACL-120BT/I bility. operation. Dial in the time de- (120 i.p.s. nominal). sired, hit the run button and walk away. Stops automatically and Compare prices and versatility Now that RAMKO RESEARCH as made automatic tape winding precisely to -0, +1 second of play- We unconditionally guarantes iffordable you can no longer dis- back time. Exclusive playback these units to have more feature egard the advantages of doing it speed selector ends mental gym- and be easier to use than any other nastics figuring tape length versus comparably priced unit on the yourself! playback speed. Simply set to 1½, market, or your money back. If you are now without a wind- 33, or 7½ i.p.s. and the ACL does Try an ACL today. It's a sound er, you'll find the new "E" series the rest. An optional cassette investment. ACL's offer an immediate means adapter enables you to wind both to cut reloading costs up to 40%, carts and cassettes on the same save time and obtain a faster self machine. Takes only a minute or WRITE - 3516-C LaGrande Blvd dependent operation. two to change over. Sacramento, CAD 9582 Tried loading your own before RAMKO's ACL's corne in two PHONE - (916) 392-2100 but were unhappy with the results? different versions to fill any tape The ACL is for you. Solid state loading need. All modestly priced. RAMKO RESEARCH tane tension control insures prop- From the ACL-25/E (30 i.p.s. nom- THE WHITE HOUSE Barry WASHINGTON September 3, 1976 Dear Mr. Mortenson: Enclosed is a letter to me dated August 26, 1976, from Dr. James B. Rhoads, Archivist of the United States, in which he requests permission to begin rewinding the Nixon Presidenital tape recordings, in accordance with the provisions of the motion filed on March 23, 1976, by the government in Nixon V. Administrator and subsequently approved by the Court in its Order of April 15, 1976. Dr. Rhoads' request does not include listening to these recordings and appears to be consistent with the above- referenced Order. Accordingly, it is my intention to approve Dr. Rhoads' request. However, I would appreciate have regarding the procedures described in Dr. Rhoads' as soon as possible any comments or suggestions you may letter and the enclosed report. Sincerely, Thilip W. Bushen Philip W. Buchen Counsel to the President Mr. R. Stan Mortenson Miller, Cassidy, Larroca & Lewin 2555 - M Street, N.W. (Suite 500) Washington, D.C. 20037 CC: Irwin Goldbloom, Esq. James B. Rhoads OPTIONAL FORM NO. 10 JULY 1973 EDITION GSA FPMR (41 CFRI 101.11.6 UNITED STATES GOVERNMENT U. S. SECRET SERVICE Memorandum TO : AD Burke - Protective Intelligence DATE: September 17, 1976 FROM : ASAIC Ready Liaison Division CO-1-23,206 IL CO-1-23,208, SUBJECT: Protection of White House Files and Tapes On September 14, 1976, Archivist of the United States refiled all the materials previously removed from Room 522, OEOB. Appropriate notations were made in the U. S. Secret Service log maintained within this Room, in accordance with previously established procedures. There is outstanding Mr. Philip W. Buchen's (Counsel to the President) memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and dupli- cation of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the project's completion. Also outstanding is Mr. Buchen's memorandum to Director H. S. Knight, dated June 25, 1976, which authorizes Mr. R. Stan Mortenson (Counsel for Mr. Nixon) to enter Room 522 or the vault in Room 84 at such times as he requests. Outstanding also is Mr. Buchen's memorandum to Director H. S. Knight, dated July 9, 1976, which authorizes Ms. Marge Acker, as duly appointed agent for Mr. Nixon, to enter Room 522 or the vault in Room 84, OEOB, at such times as she requests. There were no new authorizations issued by Mr. Philip W. Buchen for Director H. S. Knight, for the week ending September 17, 1976. Jee ASAIC John I. D. Ready CC: Legal Counsel FORDO - OFRALD LIBRARY Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 OPTIONAL FORM NO. 10 JULY 1973 EDITION GSA FPMR (41 CFRI 101-11.6 UNITED STATES GOVERNMENT ofs. SECRET SERVICE Memorandum TO : AD Burke - Protective Intelligence DATE: September 24, 1976 CO-1-23,206 FROM : ASAIC Ready - Liaison Division CO-1-23,208 K SUBJECT: Protection of White House Files and Tapes There is attached a memorandum from Mr. Philip W. Buchen, Counsel to the President, to Director H. S. Knight, dated September 20, 1976, which states: "Referencing the attached memorandum to Dr. James B. Rhoads, dated September 2, 1976, this is to authorize Dr. Rhoads or such agents designated by him, or the Office of Presidential Materials of the National Archives and Records Service, to periodically enter the vault in Room 84 and Room 522 of the Old Executive Office Building, as necessary, for the purpose of conducting periodic inspection of all electrical and plumbing apparatus contained therein. Dr. Rhoads or his agents is authorized to enter these rooms and to admit the appropriate repair personnel, in the event of an emergency. In addition, this will authorize the placement of a hydro- thermographic device and such other test equipment as needed in these rooms, and the periodic inspections of such equipment. All such entries are to be made in accordance with the procedures outlined at 41 CFR 105-63 concerning the pre- servation and protection of the Nixon Presidential historical materials. The Presidential Material Staff is to maintain a written record of each entry, the names of areas entered, time of entry and departure, the names of all individuals entering, and the purposes for the entry. This memorandum is not to be considered as authorizing access or inspection of the Presidential materials except in situations where such access is absolutely necessary to protect these materials. In such instance, notice is to be given immediately to me or a member of my staff." " is FORD GERALD Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 - 2 - There is outstanding Mr. Philip W. Buchen's (Counsel to the President) memorandum to Director H. S. Knight, dated February 19, 1975 pertaining to the search for, and dupli- cation of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the project's completion. Also outstanding is Mr. Buchen's memorandum to Director H. S. Knight, dated June 25, 1976, which authorizes Mr. R. Stan Mortenson (Counsel for Mr. Nixon) to enter Room 522 or the vault in Room 84 at such times as he requests. Outstanding also is Mr. Buchen's memorandum to Director H. S. Knight, dated July 9, 1976, which authorizes Ms. Marge Acker, as duly appointed agent for Mr. Nixon, to enter Room 522 or the vault in Room 84, OEOB, at such times as she requests. All authorizations not already in the possession of the Legal Counsel, U. S. Secret Service, are attached to his copy of this report. ASAIC John I. D. Ready CC: Legal Counsel w/a FORD GERALD LIBBRA THE WHITE HOUSE WASHINGTON September 2, 1976 Ready wgl MEMORANDUM FOR Dr. James B. Rhoads Archivist of the United States Referencing your letter to me of September I, 1976, concerning the water leak which was discovered in the vault in Room 84 of the Old Executive Office Building, I have provided a copy of your report to Mr. Mortenson. With respect to Items No. III and IV of your report, either you or your designee is hereby authorized to enter the vault in Room 84 and Room 522 of the Old Executive Office Building, as necessary, for the purpose of conducting periodic inspections of all electrical and plumbing apparatus contained therein. Of course, such entry should be made in accordance with the procedures found in 41 CFR 105-63 concerning the preservation and protection of the Nixon historical materials. I believe that this measure will allow for adequate protection of the Nixon Présidential materials for the interim period that they remain in the Old Executive Office Building. As you are aware, there are no shelving units in either Room 522 or in Safe Zone 128. However, all Nixon Presidential materials contained therein are stored in safes or similar metal storage cabinets which should serve to minimize any storage problems during this interim period. In addition, the temperature and humidity in Safe Zone 128 were checked by GSA engineers in the summer of 1975. Mr. Wolf was advised by if office of the results of these tests, and it is my understanding he was advised by members of your staff that the temperature and humidity in this room were within acceptable limits for the storage of the tape recordings. Philip W. Buchen Counsel to the President CC: R. Stan Mortenson Irwin Goldbloom, Esq. BERALD 8. FORD LIBRARY THE WHITE HOUSE K WASHINGTON hB Ready September 20, 1976 wfl MEMORANDUM FOR: H. S. Knight Director United States Secret Service Referencing the attached memorandum to Dr. James B. Rhoads, dated September 2, 1976, this is to authorize Dr. Rhoads or such agents designated by him, or the Office of Presi- dential Materials of the National Archives and Records Service, to periodically enter the vault in Room 84 and Room 522 of the Old Executive Office Building, as necessary, for the purpose of conducting periodic inspections of all electrical and plumbing apparatus contained therein. Dr. Rhoads or his agents is authorized to enter these rooms and to admit the appropriate repair personnel, in the event of an emergency. In addition, this will authorize the placement of a hydrothermographic device and such other test equipment as needed in these rooms, and the periodic inspections of such equipment. All such entries are to be made in accordance with the procedures outlined at 41 CFR 105-63 concerning the preser- vation and protection of the Nixon Presidential historical materials. The Presidential Materials Staff is to maintain a written record of each entry, including the areas entered, time of entry and departure, the names of all individuals entering, and the purposes for the entry. This memorandum is not to be considered as authorizing access or inspection of the Presidential materials except in situations where such access is absolutely necessary to protect these materials. In such instances, notice is to be given immed- iately to me or a member of my staff. T.W.B. Philip W. Buchen Counsel to the President CC: James B. Rhoads LIGURATY GERALD ? FORD OPTIONAL FORM NO. 10. JULY 1973 EDITION GSA FPMR (41 CFR) 101.11.6 UNITED STATES GOVERNMENT U. S. SECRET SERVICE Memorandum TO : AD Burke - Protective Research DATE: October 15, 1976 CO-1-23,206 FROM : ASAIC Ready - Liaison Division CO-1-23,208 SUBJECT: Protection of White House Files and Tapes Reference is made to the attached carbon copy memorandum of Mr. Philip W. Buchen, Counsel to the President, to Director H. S. Knight, dated October 1, 1976. This memorandum authorized Mrs. Gertrude Fry to enter Safe Zone 128 for the purpose of removing the tapes identified in the attached request from Mr. R. Stan Mortenson, dated September 24, 1976, and having them duplicated by the White House Communications Agency under Mr. Buchen's normal operating procedures. Attached to this memorandum is a report of EPS Officer Maurice R. Craft, dated October 14, 1976, pertaining to the removal and returning to Safe Zone 128, the tapes referred to in Mr. Buchen's memorandum to Director H. S. Knight, dated October 1, 1976. Attached to Officer Craft's report is one properly executed receipt by Mrs. Gertrude Fry and Officer Craft, witnessed by Mark O. Decker, of Mr. Buchen's staff, dated October 14, 1976. There is outstanding Mr. Buchen's memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and duplication of, certain files of the Nixon Administration, located in Room 84 and Room 522, OEOB, and will remain so until the project's completion. Also outstanding is Mr. Buchen's memorandum to Director H. S. Knight, dated June 25, 1976, which authorizes Mr. R. Stan Mortenson (Counsel for Mr. Nixon) to enter Room 522 or the vault in Room 84 at such times as he requests. LIBERTY GERALD ? FORD Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 - 2 - Outstanding also is Mr. Buchen's memorandum to Director H. S. Knight, dated July 9, 1976, which authorizes Ms. Marge Acker, as duly appointed agent for Mr. Nixon, to enter Room 522 or the vault in Room 84, OEOB, at such times as she requests. There were no new authorizations issued by Mr. Buchen for Director H. S. Knight for the week ending October 15, 1976. Joe ASAIC John I. D. Reedy Ready CC: Legal Counsel w/a LIBRARY SERALD 4. FORD THE WHITE HOUSE WASHINGTON October 1, 1976 MEMORANDUM FOR: H.S. KNIGHT Director United States Secret Service In accordance with the attached request from Mr. R. Stan Mortenson, dated September 24, 1976, this is to authorize entry into Safe Zone 128 by Gertrude Fry for the purpose of removing the tapes identified in that request and having them duplicated by the White House Communications Agency under our normal operating procedures. Mr. Mark Decker of this office and a representative of the Executive Protective Service are to remain present with the original recordings at all times. Following duplication, the original recordings should be returned to the vault and the duplicates provided to Barry Roth of my staff. Thank you for your assistance. P.W.B. Philip W. Buchen Counsel to the President CC: Gertrude Fry Bill Gulley FORD + LIBRARY LAW OFFICES MILLER, CASSIDY, LARROCA & LEWIN 2555 M STREET. N.W. - SUITE 500 WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCART JOHN JOSEPH CASSIDY COURTNEY A. EVAN RAYMOND G., LARROCA ANDREW F. OEHMA NATHAN LEWIN OF COUNSEL MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. R. STAN MORTENSON THOMAS B. CARR WILLIAM C. BRYSON JAMIE S. GORELICK September 24, 1976 Mr. Barry Roth Assistant Counsel to the President The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear Barry: In connection with our representation of former President Nixon I hereby request access to copies of the tape recordings which correspond, to the enclosed list. Sincerely, R. Stan Mortenson RSM/tc Enclosure LIBRARY GERMED ? FORD EOB June 20, 1972-a.m. & p.m. June 21, 1972-p.m. June 22, 1972-a.m. June 26, 1972-p.m. June 27, 1972-p.m. June 28, 1972-a.m. & p.m. June 29, 1972-p.m. June 30, 1972-p.m. July 19, 1972-p.m. July 20, 1972-p.m. OVAL June 21, 1972-a.m. & p.m. June 22, 1972-p.m. June 26, 1972-a.m. & p.m. . June 27, 1972-a.m. & p.m. June 30, 1972-a.m. & p.m. July 1, 1972-a.m. & J.M. July 19, 1972-a.m. & p.m. July 20, 1972-a.m. & p.m. FORD is QERALD LIBRARY TELE TAPES June 20, 1972-p.m. EOB & residence June 21, 1972-p.m. OVAL & residence June 22, 1972-p.m. EOB & residence June 24, 1972-a.m. & p.m. Camp David June 25, 1972-p.m. Cabin June 26, 1972-p.m. Residence June 27, 1972-p.m. EOB June 28, 1972-p.m. EOB & residence & Camp David June 29, 1972-p.m. Camp David & Residence June 30, 1972-p.m. Residence July 18, 1972-p.m. Residence July 19, 1972-p.m. OVAL & EOB July 20, 1972-a.m. & p.m. Residence FORD : LIBRARY QERALD OPTIONAL FORM NO. 10 JULY 1973 EDITION GSA FPMR (41 CFR) 101.11,6 UNITED STATES GOVERNMENT Memorandum TO :ASAIC John Ready DATE: October 14, 1976 FROM :Officer Maurice R. Craft SUBJECT:Entry into Safe-Zone #128 At 1036 hours this date Ms. Fry and myself entered the safe-zome for the purpose of removing certain tapes. Five (5) tapes were removed and were receipted for in the usual manner by Ms. Fry and myself and witnessed by Mark O. Decker. At 1055 hours this date the safe-zone was secured and the times were verified with the Control Center by Officer H. Fredrick. At the same time the safe-zone was being secured, WHCA technician T. Morris approached and stated that WHCA would not be able to duplicate any tapes this date. At 1055 hours this date the safe-zone was re-entered by Ms. Fry and myself and the tapes were replaced and receipted for in the usual manner. The Safe-Zone was secured at 1059 hours this date. Maurice. lisp Maurice R. Craft Officer White House Division Executive Protective Service LIBRARY GERALD P. FORD Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 RECEIPT Box containing one tape, having written on the outside the following inscription: / 15/16 2 HARDWICE-STUDY HARDWIRE - STUDY SiUDY HARD WiRE SPEED 15/16 6/23/72-000- 2:30Pm 6/25/72-000-6:30Pm 6:30 PM 6/29/72- 6/25/72-160-2:30PM 2:30Pm 6/25/72-572- 6:30Pm 3 STUDY DESK (BLANK) (4) STUDY DESK 15/16 JUNE 28, 1972 JUNE 29, 1972 000. 000.15 To 1/10 630Pm 000-230Pm 6/29/72-000- 2:30 PM-ON 7/21/72 5: 5:30Pm.ON NET USED 8/8/72 - 000 3:30 PM-ON 5 with TELephone 8/10/72- 000 4:30 pm-off START - 7.5.72 C D 7/27/72 934(END *fTape RECEIVED BY: DELIVERED BY: DATE/TIME: Maurice Plutt Sertruct 10/14/76 - 1036 hRS Bertruse B.7.1 Marricebleyt 10/12/76 - 1055 his WITNESSED BY: FORD is GERALD LIBRARY OPTIONAL FORM NO. 10 JULY 1973 EDITION some for AD GSA FPMR (41 CFR) 101.11.6 UNITED STATES GOVERNMENT U. S. SECRET SERVICE Memorandum TO : AD Burke - Protective Intelligence DATE: August 27, 1976 CO-1-23,206 FROM : ASAIC Ready - Liaison Division CO-1-23,208 SUBJECT: Protection of White House Files and Tapes K WB There are attached two self-explanatory memoranda from Mrs. Marie B. Allen to Director H. S. Knight, dated August 23, 1976, Subject: Access authority to Nixon papers and access authority for Vault 84 and Room 522, OEOB. Also attached is a memorandum from Mr. Philip W. Buchen (Council to the President) signed by Mr. Barry N. Roth, to Director H. S. Knight, dated August 26, 1976. Mr. Buchen said that this memorandum was to confirm the Council to the President's oral request for the assistance of TSD (Technical Security Division) personnel in the repairing of Safe #36 in Room 522 of the OEOB. On August 25, 1976, I was telephonically advised by EPS Officer Maurice R. Craft that a safe within Room 522 could not be closed. I telephonically advised Mr. Barry Roth, Assistant Counsel to the President, and he (Roth) requested the assistance of the Technical Security Division, U. S. Secret Service. However, I advised Mr. Roth an authorization must be forthcoming, to which he agreed. SAIC Robert R. Snow, TSD, was contacted by telephone with the above request, and in turn, I talked with Security Specialist Russell Barbor, TSD, who responded to Room 522. SS Barbor, after inspecting the safe noted that the GSA/Archivists were not using the appropriate closing methods, and demonstrated the correct procedures to them. No actual repair was necessary. It should be noted, that, in Mr. Buchen's authorization, he referenced Safe #36. I brought this to the attention of Mr. Roth. The safe in question was, in fact, Safe #26. Mr. Roth said that he would make the necessary correction. FORD is LIBRARY 038470 Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010-110 - 2 - Attached is a memorandum from Mr. Buchen (by Barry N. Roth) to Director H. S. Knight, dated August 26, 1976. Mr. Buchen said that this memorandum will authorize appropriate personnel of the General Services Administration to enter the Vault in Room 84 of the Old Executive Office Building in the presence of representatives of the Secret Service and representatives of the Office of Presidential Materials, and the General Services Administration, for the purpose of repairing a water leak in the vault. On August 26, 1976, at 2:08 p.m., Mr. S. Harris and Mr. J. Lague, GSA, entered the Vault in Room 84, and made the necessary repairs. It was their opinion that the leak originated from a defective pipe located on the second floor. GSA completed their repair work at 2:15 p.m. At 2:10 p.m., DAD Horace J. Gibbs, Protective Intelligence, was telephonically advised of the events of the leakage. On August 26, 1976, at 11:11 p.m., the below-listed individuals entered the Vault in Room 84 where additional water was drained from above the ceiling tile and final repair work was completed on the defective pipe. The Vault in Room 84 was closed at 11:41 p.m. Appropriate entries were made in the U. S. Secret Service log contained within the vault. Individuals Who Entered Vault in Room 84 on August 26, 1976 James M. Shag, EPS Officer Anthony DeBelli, EPS Officer Marie Allen, GSA/Archivist Joan Howard, GSA/Archivist Morris E. Howe, GSA Engineer Emmett Brown, GSA Engineer There is attached a memorandum report of the water leakage incident from Mr. James B. Rhoads, Archivist of the United States to Mr. Buchen. Also attached is a listing of the boxes that were dampened by the water leakage. BERRAD FORD LIBRARY - 3 - On August 27, 1976, DAD Gibbs, Protective Intelligence, and Mr. David Martin, Legal Counsel, U. S. Secret Service were advised telephonically of all the events of August 26, 1976. There is outstanding Mr. Buchen's memorandum to Director H. S. Knight, dated February 19, 1975, pertaining to the search for, and duplication of, certain files of the Nixon Administra- tion, located in Room 84 and Room 522, OEOB, and will remain so until the project's completion. Also outstanding is Mr. Buchen's memorandum to Director H. S. Knight, dated June 25, 1976, which authorizes Mr. R. Stan Mortenson (Counsel for Mr. Nixon) to enter Room 522 or the vault in Room 84 at such times as he requests. Outstanding also is Mr. Buchen's memorandum to Director H. S. Knight, dated July 9, 1976, which authorizes Ms. Marge Acker, as duly appointed agent for Mr. Nixon, to enter Room 522 or the Vault in Room 84, OEOB, at such times as she requests. All original authorizations not already in the possession of the Legal Counsel, U. S. Secret Service, are attached to his copy of this report. John ASAIC D. Ready CC: Legal Counsel w/att. BERALD FORD LIBRARY UNITED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION National Archives and Records Service 4 CENTRAL SERVICES Washington, DC 20408 4 ADMIN TEATION * August 23, 1976 MEMORANDUM TO: H. Stuart Knight Director, U.S. Secret Service "lab FROM: Marie B. Allen Director, Presidential Materials Staff SUBJECT: Access authority to Nixon papers Beginning August 30, Mr. Ronald J. Plavchan will be joining my staff and is delegated authority to provide access to Rooms 84 and 414 in the Old Executive Office Building. For your convenience, I have listed below the names and addresses of all persons presently having access authority to the Nixon papers storage rooms. Please inform the control center. Marie B. Allen Office telephone-456-2545 6041 Forrest Hollow Lane Home telephone-569-1847 Springfield, Va. 22152 Ronald J. Plavchan Office telephone-456-2545 6300 Julian St. Home telephone-941-2913 Springfield, Va. 22150 Maygene Daniels Office telephone-523-3073 18 Fifth Street Home telephone-544-0495 Washington, D. C. Adrienne Thomas Office telephone-523-3002 6312 King Lewis Drive Home telephone-354-4316 Alexandria, Va. 22312 Thank you. Marie L. Allen Marie B. Allen BERALD FORD LIBRARY Keep Freedom in Your Future With U.S. Savings Bonds UNITED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION National Archives and Records Service Washington, DC 20408 August 23, 1976 MEMORANDUM TO: Barry Roth 145 Marie Allen mba FROM: Director, Presidential Materials Staff ! 07 Access authority for Vault 84 and Room 522, OEOB SUBJECT : Because of several staff changes, I have updated the list of persons who are authorized to enter Vault 84 and Room 522. The list is as follows: Marie B. Allen (NX/NARS) RoNald J. Plavchan (NX/NARS) Adrienne Thomas (NX/NARS) Maygene Daniels (NX/NARS) Richard A. Jacobs (NL/NARS) Joan Howard (NL/NARS) David Horrocks (NL/NARS) Richard McNeill (NL/NARS) Michael Anderson (NL/NARS) Jerome Nashorn (NL/NARS) Jeffrey M. Boswell (NL/NARS) Philip W. Buchen (White House) Herbert J. Miller (Nixon attorney) Barry Roth (White House) R. Stan Mortenson (Nixon attorney) Raymond Larocca (Nixon attorney) Marjorie Acker (Nixon agent) As in the past, two or more persons must be present at every access, and all accesses require the presence of one or more EPS/Secret Service officers. Please call me if you have any questions. cc: H. S. Knight J. Reedy M. Craft Post in Vault 84 and Room 522 LIBRARY GERALD FORD Keep Freedom in Your Future With U.S. Savings Bonds THE WHITE HOUSE WASHINGTON August 26, 1976 MEMORANDUM FOR: H.S. KNIGHT DIRECTOR U.S. SECRET SERVICE This is to confirm our oral request for the assistance of TSD personnel in the repairing of Safe #36 in Room 522 of the OEOB. Philip Bay Mhoth Jos Counsel to the President BERALD FORD LIBRARY THE WHITE HOUSE WASHINGTON August 26, 1976 MEMORANDUM FOR: H. S. Knight Director, United States Secret Service This will authorize appropriate personnel of the General Services Administration to enter the vault in Room 84 of the Old Executive Office Building in the presence of representatives of the Secret Service and representatives of the Office of Presidential Materials, the General Services Administration, for the purpose of repairing a water leak in the vault. Thank you for your assistance. Burn Wittlenl Philip W. Buchen Counsel to the President CC: Dr. James B. Rhoads GERALD FORD LIBRARY 1 SEP 1976 Gonorable Philip W. Buchen Counsel to the President The White House Washington, D.C. 20500 Dear Mr. Buchen: On August 26 of this year a water leak was discovered which caused some water damage to Nixon historical materials under your custody in the Old Executive Office Building. Enclosed is a report concerning this incident and a list of the boxes damaged, as requested by Mr. Barry Roth of your office. The second copy of the report is for your use in informing Mr. Mortenson concerning the incident. I continue to be concerned about the problems resulting from the present division of custody and control of the Nixon materials. Uniform inspection, preservation, and control techniques cannot be applied so long as that division continues. Moreover, this incident reinforces my conviction that the material still stored in the Old Executive Office Building should be transferred either to Suitland or to the National Archives Building. I would, of course, be glad to discuss these matters with you at any time. Sincerely, James B Rhoads JAMES B. RHOADS Archivist of the United States Enclosures cc: Official file-NL Reading file-NL Day file-N LR NX NX:MAllen/nlt 9/1/76 33073 LIBRARY GERALD ? FORD REPORT OF THE WATER LEAK INCIDENT IN THE NIXON PAPERS STORAGE VAULT 84 AT THE OLD EXECUTIVE OFFICE BUILDING I. Discovery and Response At 1 p.m. on Thursday, August 26, 1976, Nixon Records Liaison Staff and Presidential Materials Staff members, Executive Protective Service officers, and a representative of Richard M. Nixon (Mrs. Marjorie Acker) entered Room 84 of the Old Executive Office Building to provide access to the Nixon materials stored in the adjacent Vault 84 for Mrs. Acker. When Vault 84 was opened by the EPS officers, one officer noticed water dripping from the ceiling in a corner of the Vault. He informed the Director of the Presidential Materials Staff and she assisted in the removal of six damaged boxes from the affected area. The Director of the Presidential Materials Staff informed the Office of the Counsel to the President of the water damage and requested permission to admit GSA repairmen to the Vault and to open the damaged boxes. Vault 84 is one of the three Nixon materials storage rooms in the OEOB which is under the custody and control of the Counsel to the President. After a representative of the Counsel's office discussed the problem with Mr. Nixon's attorney, archivists were given permission to begin preservation measures and to admit GSA repairmen to the area. One of the six boxes was extensively damaged and was emptied and discarded. The contents of this box were spread out in Vault 84 for drying. Three other boxes were damp enough to be discarded and their contents reboxed. Two of the boxes were only slightly damp, and dried overnight. / FORD LIBRARY 2 GSA repairmen removed part of the ceiling tile in Vault 84 and drained water above the tile. The repairmen estimated that the leaking pipe problem was caused by a defective air conditioning unit in Room 184 (directly above Vault 84). They placed receptacles in Vault 84 to catch the dripping water and left to work on the defective unit on the floor above. At 9 p.m. on the evening of August 26, GSA engineers notified the Presidential Materials Staff and EPS officers that the water problem in Vault 84 had not been connected with the defective air conditioning unit, and that water might still be accumulating above the ceiling tile potentially causing the entire ceiling to collapse. After securing the permission of the Office of the Counsel to the President, Presidential Materials Staff and Nixon Records Liaison Staff members and EPS officers admitted GSA engineers to Vault 84 at 11 p.m. Additional water was drained from above the ceiling tile and final repair work was completed on the defective pipe. II. Assessment of Damage All of the damaged documents in the six affected boxes dried overnight and, except for slight discoloration and water wrinkles, none of the documents were destroyed. The contents of four of the six containers were reboxed. III. Actions to Avoid Recurrence GSA engineers report that the defective pipe is repaired. Because Vault 84 is not under GSA custody, we cannot institute measures to prevent a reci rence of this incident. We do suggest, however, that the Counsel to the President institute periodic inspections of all electrical and plumbing apparatus in Vault 84, Room 522 and Room 128, OEOB. IV. Conclusions The incident in Vault 84 on August 26 highlights the difficulties inherent in the present division of custody of the Nixon papers between GSA and the Counsel to the President: (1) All rooms under GSA custody are inspected periodically by archivists, but there are no such procedures for rooms under the custody of the Counsel to the President. If Vault 84 had not been entered to carry out reference responsibilities on August 26, the leaking water might have accumulated and created more extensive damage. All of the materials in Vault 84, Room 522, and Room 128 are highly sensitive and valuable; any water damage in these rooms might cause critical losses. It has now come to our attention that water leaks have occurred in other storage rooms in the OEOB that have gone undiscovered for lengthy periods of time. One such leak occurred in Room 401 OEOB where publications concerning the 1973 inaugural ceremonies stored by the White House Gift Unit were extensively damaged. Four boxes of publications were completely destroyed by mildew and mold damage resulting from long term water exposure caused by a radiator leak. FORD a OERALD LIBRARY (2) Because the Counsel to the President or his representative must approve any access to Vault 84, we are necessarily limited in responding quickly in emergency situations. Only one representative has been designated by the Counsel to the President to authorize access to Nixon papers storage areas under his custody. Fortunately that representative was in his office at the Old Executive Office Building on the day of the water leak. If he had been out of town or out of touch with his office, we could not have admitted repair personnel to Vault 84. (3) The Old Executive Office Building was not designed for archival storage purposes, and the records in Vault 84, Room 522, and Room 128 are not properly maintained as a result. There are, for instance, inadequate shelving units in these rooms, and Rooms 522 and 128 are subject to extreme variations in temperature and humidity which may be harmful to the materials. There are no records preservation facilities available in the OEOB building as there are in the National Archives Building and the Washington National Records Center. V. Recommendations We recommend that custody of all of the Nixon materials be vested in the Administrator of the General Services Administration and that all of the records presently stored in the Old Executive Office Building be transferred to archival storage facilities. FORDO : 038830 LIBRAR White House" " Patrick J. Buchanan" Carton "A" " 1971 Chton File" " 1972 Chten File" "1971 Caleudar" "1972 Calendar" " While House" " Patrick J. Breclean carton "B" " 1971 Subject - Staff Memos" White House" " Patrir J. Buchanan" carten "C" FORD i GERALD LIBRARY 1972 Staff Memos 1 HELPITAL N. Media Aualysis of Boxes Effected by Water Leak - Roam 84 vault 8/26/76 -DAH FORD s LIBRARY BERNED White House" " Patricr J. Buchanan" carton "D" "1972 Staff Memos + Election '72" "White House" " Patricr J. Buchanan" carten "E" "Mcg Assault Book" "Brace Whelihan Press Office" "Carfidential" "Box 4 of 6" "Special Files #243" LISRATY GERALD ? FORD