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28469439
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Special Prosecutor (9)
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document
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https://catalog.archives.gov/id/28469439
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28469439
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https://catalog.archives.gov/id/28469439
contentType
document
title
Special Prosecutor (9)
citationUrl
https://catalog.archives.gov/id/28469439
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
Nixon, Richard M. (Richard Milhous), 1913-1994
Watergate Affair, 1972-1974
iiifBase
https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0019/574067/Batch0002/38-0019-f-28469439.pdf
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https://catalog.archives.gov/id/28469439
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28469439
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1976-03-01
month
3
year
1976
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1973-08-01
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8
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1973
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The original documents are located in Box 61, folder "Special Prosecutor (9)" 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 61 of the Philip Buchen Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE WASHINGTON September 9, 1975 Dear Mr. Ruth: For purposes of the Research Project for the Special Prosecutor, I am providing to you, under separate cover, six envelopes marked "C 3/11/75, C 3/12/75, C 3/14/75, C 3/18/75, C 3/25/75, and C 3/31/75. " The contents of these envelopes are generally identified in the attached letters from Stan Mortenson, attorney for Mr. Nixon, to Thomas P. Wolf, Special Assistant to the Administrator, Nixon Presidential Materials. Sincerely, Counsel to the President Honorable Henry S. Ruth, Jr. Special Prosecutor Watergate Special Prosecution Force 1425 K Street, N. W. Washington, D. C. 20005 Enclosures BERALD LIBRARY P. FORD LAW OFFICES MILLER, CASSIDY, LARROCA & LEWIN 2555 M STREET. N.W. SUITE 500 WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER, JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIDY COURTNEY A. EVANS RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS, JR. THOMAS D. ROWE. JR. R. STAN MORTENSON THOMAS B. CARR September 4, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Nixon Presidential Materials Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letters of April 4 and April 3, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 3-31-75. You are hereby authorized to make available to him, or his designated agent, the following items from the envelope: M-29 E-148 B-172 E-146 E-144 E-145 C-93 E-147 C-92 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES MILLER. CASSIDY, LARROCA & LEWIN 2555 M STREET. N.W.- SUITE 500 WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER, JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIDY COURTNEY A. EVANS RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE, JR. R. STAN MORTENSON THOMAS 9. CARR September 4, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letters of April 10 and March 24, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 3-11-75. You are hereby authorized to make available to him, or his designated agent, the following item from that envelope: B-50 Sincerely, RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. is TOND BERALE LAW OFFICES MILLER, CASSIDY, LARROCA & LEWIN 2555 M STREET. N.W. SUITE 500 WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 293-6400 HERBERT 1. MILLER. JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIDY COURTNEY A. EVANS PAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. R. STAN MORTENBON THOMAS B. CARR September 4, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Nixon Presidential Materials Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letters of April 11 and March 24, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 3-12-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: B-65 B-66 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. in FORD STATE LAW OFFICES MILLER. CASSIDY, LARROCA & LEWIN 2555 M STREET. N.W. . SUITE 500 WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 233-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIOY COURTNEY A. EVANS RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D, MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. R. STAN MORTENSON THOMAS B. CARR September 4, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Nixon Presidential Materials Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letters of April 11 and March 25, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 3-14-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: D-62 A-13 D-69 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES MILLER. CASSIDY, LARROCA & LEWIN 2555 M STREET. N.W. - SUITE 500 WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIDY COURTNEY A. EVANS RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. R. STAN MORTENSON THOMAS B. CARR September 4, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Nixon Presidential Materials Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letters of April 11 and April 2, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 3-18-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: B-98 F-51 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. - 1040 LAW OFFICES MILLER, CASSIDY, LARROCA & LEWIN 2555 M STREET. N.W.-SUITE 500 WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIDY COURTNEY A. EVANS RAYMOND G. LARROCA OF COUNSEL MATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JIFFRESS. JR. THOMAS D. ROWE. JR. 2. STAN MORTENSON THOMAS a. CARR September 4, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Nixon Presidential Materials Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of April 3, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelopes labeled 3-25-75 A & B. You are hereby authorized to make available to him, or his designated agent, the following items from the envelopes: F-75 F-72 C-71 F-74 J-22 D-86 F-73 E-141 C-90 A-17 C-88 Sincerely, RSM/tc CC: Hon. Philip Buchen of Hon. Henry S. Ruth, Jr. CARRIE This will hereby acknowledge receipt from a representative of the GSA Coordinator for the Nixon Presidential Materials of the following: Six envelopes marked as follows: additional Releases from C 3-11-75 additional Releases from C 3-12-75 additional Releases from C 3-14-75 additional Releases from C 3-18-75 additional Releases from C 3-25-75 additional Releases from C 3-31-75 Name Date SAMPLE COPY THE WHITE. HOUSE RECEIVED GSA WASHINGTON MAY 12 1 12 PM '75 May 12, 1975 Dear Mr. Ruth: As agent of Philip W. Buchen, Counsel to the President, for purposes of the Research Project for the Special Prosecutor, I am providing to you, under separate cover, two envelopes marked "C:4/21/75(a), 11 and "C:4/21/75(b)." The contents of these envelopes are generally identified in the attached letter, dated May 2, 1975, from R. Stan Mortenson, attorney for Mr. Nixon, to Thomas P. Wolf, Special Assistant to the Administrator, Nixon Presidential Materials. Sincerely, William E. Casselman II Counsel to the President Honorable Henry S. Ruth, Jr. Special Prosecutor Watergate Special Prosecution Force 1425 K Street, N. W. Washington, D.C. 20005 Enclosure bcc: Thomas P. Wolf A LAW OFFICES MILLER, CASSIDY, LARROCA & LEWIN RECEIVED 2555 M STREET. N.W. - SUITE 500 CSA WASHINGTON. D.C. 20037 MAY 2 I 08 PM '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIDY COURTNEY A. EVANS RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN May 2, 1975 MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. R. STAN MORTENSON THOMAS B. CARR Mr. Thomas P. Wolf Special Assistant to the Administrator Nixon Presidential Materials Room 487, old Executive Office Building Washington, D. C. Dear Mr. Wolf: You are hereby authorized to make available to Philip W. Buchen, Counsel to President Ford, or his designated agent, the envelopes labeled 4-21-75-C(a) and 4-21-75-c(b), which are now in your possession, after you have removed the following items from those envelopes: G-85 G-86 F-128 C-184 Prior to delivery of the envelopes, the fol- lowing items should be withdrawn and certain deletions made in accordance with instructions I will discuss with you: F-125 E-293 Sincerely, R. Stan Mortenson RSM/sb CC: Hon. Henry S. Ruth William E. Casselman, II Y THE WHITE HOUSE WASHINGTON November 1, 1974 Dear Mr. Sampson: Attached is a request from Herbert J. Miller, Jr., attorney for Richard Nixon, pursuant to the Order of the United States District Court for the District of Columbia entered October 22, 1974, in Nixon V. Sampson, et. al., C.A. No. 74-1518 and C.A. No. 74-1533, seeking access to and copies of such Presidential materials of the Nixon Administration as he or his agent may request on an ongoing basis, for the purpose of preparation of Mr. Nixon for potential testimony in the Water- gate trial, and for 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 subpoenas, discovery demand or a court order. In my opinion, this request is in compliance with the above-referenced Order. Therefore, I hereby request the assistance of employees of the General Services Administration to make available in accordance with existing access procedures such documents within the White House complex as are currently under your custody and control, and to assist in locating the desired documents. For the purpose of these searches,I designate in the alternative William E. Casselman II, Barry N. Roth, Jay T. French, Stanley Sutton Shaw, Jr., or J. Roger Edgar to serve as my agents. Thank you for your assistance. Sincerely, Counsel to the President The Honorable Arthur F. Sampson Administrator General Services Administration Washington, D. C. LAW OFFICES MILLER, CASSIDY, LARROCA & LEWIN 1320 19TH STREET. N.W. - SUITE 500 WASHINGTON. D. C. 20038 AREA CODE 202 TELEPHONE 293-6400 HIRBERT J. MILLER. JR. JOSEPH S. MCCART JOHN JOSEPH CASSIDY COURTNEY A. EVAN RAYMOND G. LARROCA OF COUNSEL MATHAN LEWIN October 25, 1974 MARTIN D. MINSXER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. A. RAYMOND RANOOLPH. JR. R. STAN MORTENSON Philip W. Buchen, Esquire Counsel to the President The White House Washington, D.C. Dear Mr. Buchen: Pursuant to the order of the United States District Court for the District of Columbia entered October 22, 1974, in Nixon V. Sampson, C.A. No. 74-1518, I hereby request as former President Nixon's attorney that you provide to the following named attorneys of this firm access to and copies of such Presidential materials of the Nixon Administration as they may request: Herbert J. Miller, Jr., Thomas D. Rowe, Jr., and R. Stan Mortenson. These attorneys may bring with them from time to time as their agents other employees of this firm, whom they will designate in writing to your office. I request that you provide to these agents access to and copies of such Presidential materials of the Nixon Administration as an above-named attorney or attorneys accompanying them may request. The purpose of the attorneys' requests will be the preparation of Mr. Nixon for potential testimony in the Watergate trial and/or 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 subpoenas, discovery demand or a court order. Copies are requested because Mr. Nixon is physically unable to conduct the review in person. Use of copies shall be fully in compliance with the order. To the extent that this is a continuing request, I will advise you when Mr. Nixon Philip W. Buchen, Esquire October 25, 1974 Page 2 is physically able to conduct the review in person and copies are no longer required. Sincerely yours Herbert is Miller, Jr. Attorney for Mr. Nixon HJM/deb CC: William E. Casselman II THE WHITE HOUSE WASHINGTON October 31, 1974 MOVING Dear Mr. Sampson: Mr. Thomas P. Wolf, as your duly appointed agent for purposes of the Supplemental Order of the United States District Court for the District of Columbia entered October 22, 1974, in Nixon v. Sampson, et al., C.A. No. 74-1518 and C.A. No. 74-1533, has requested permission to enter the rooms under GSA control containing the "Presidential materials of the Nixon Administration" without being accompanied by me or my agent or by an attorney for former President Richard Nixon. It is my understanding that the purpose of these unescorted entries would be strictly limited to the accessioning of newly assembled "Presidential materials" and to working materials already acquired by GSA between controlled rooms in order to achieve optimal storage. It is my further understanding that in no event would Mr. Wolf or his archival assistants open or peruse any of the "Presidential materials." Moreover, Mr. Wolf will maintain 2 written record of each such entry, including the room of entry, the time of entry and departure, the names of the persons entering the rooms, and the number of the boxes of "Presidential materials" affected. In Mr. Wolf's absence, his duly appointed alternate, Mr. Steven Gárfinkel, would be permitted entry under the same conditions. My signature of this letter constitutes approval of Mr. Wolf's request. Sincerely, They W. Burlen Counsel to the President AOD ,,FOR SECURITY PII AND Honorable Arthur F. Sampson Administrator General Services Administration STANDARD PURPOSES" MAINTENANCE Washington, D.C. 20405 cc: Mr. Thomas P. Wolf DRAFT DRAFT THE WHITE HOUSE WASHINGTON Dear Mr. Wolf: This letter will serve to up-date my letter of October 31, 1974, to Arthur F. Sampson, Administrator of General Services, authorizing you as the Administrator's agent, to make unescorted entries to the areas under GSA control which contain Nixon Presidential Materials subject to the Supplemental Order of the United States District Court for the District of Columbia entered October 22, 1974, in Nixon V. Sampson, et al., C.A. No. 74-1518 and C.A. No. 74-1533. It is my understanding that the purpose of these unescorted entries will be limited to accessioning newly assembled "Presidential materials", moving materials previously accessioned between areas controlled by GSA in order to achieve optimal storage, necessary maintenance of the areas and security purposes. In no event will you or your appointed alternates or any archival personnel open or peruse any of the "Presidential materials". In addition, you will maintain a written record of each such entry, including the room entered, the time of entry and departure, the names of the persons entering the room, the purpose for the access, and the quantity and identification of boxes of "Presidential materials" affected, if any. All accesses will be conducted in the presence of at least two individuals, one of whom will be yourself, your assistant, Mrs. Elizabeth Karabatsos, or your administrative assistant, Miss Mary Filippini and one of whom will be DRAFT 2 a member of the archival staff assigned to your office. All individuals participating in the access will have the necessary clearances and all procedures will be in accordance with those established since October 22, 1974. My signature of this letter constitutes my approval of the above described procedures. Sincerely, Philip W. Buchen Counsel to the President Mr. Thomas P. Wolf Director, Office of Presidential Materials General Services Administration Room 487 Old Executive Office Building Washington, D.C. 20500 cc: Herbert J. Miller Arthur F. Sampson WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washington, D.C. 20005 September 9, 1975 Philip W. Buchen, Esquire Counsel to the President The White House Washington, D. C. Re: United States V. Frank DeMarco, Jr. Criminal Nos. 75-1129, 75-1188 (C.D. Calif.) United States V. Ralph G. Newman Criminal Nos. 75 Cr. 443, 75 Cr. 508 (N.D. Ill.) Dear Mr. Buchen: We previously have requested that the Nixon Adminis- tration papers be searched for certain documents possibly relevant to the trials of the above-captioned cases. Recently we made such a request asking for copies of travel vouchers relating to trips made by former White House aide Edward L. Morgan in 1969 and 1970. In making this particular request we noted certain dates when, we believed, these trips might have occurred. Mr. Larroca, counsel for former President Nixon, recently has informed us that a search of the appropriate files discloses that Mr. Morgan did not make any trips during 1969 or 1970 on the dates indicated in our earlier letter. He also informed us, however, that he and the appropriate GSA officials had determined that, among the papers in question, there were travel vouchers reflecting trips made by Mr. Morgan on other dates in 1969 and 1970. Further, Mr. Larroca indicated that he had no objection to our receiving copies of such vouchers. Accordingly, I request that the files in question be searched for these documents (which, I understand, have been maintained together in one location), and that we be supplied copies at your earliest convenience. Philip W. Buchen, Esquire September 9, 1975 Page Two I thank you again for your cooperation in this matter. Sincerely, day /frands Jay Horowitz Assistant Special Prosecutor CC: Raymond Larroca, Esquire Thomas P. Wolf THE WHITE HOUSE Pagers WASHINGTON September 12, 1975 Dear Mr. Ruth: In accordance with Assistant Special Prosecutor Jay Horowitz' letter to me of September 9, 1975, I am providing to you the requested travel vouchers for Mr. Edward L. Morgan for (1) March 7 & 8, 1969 and (2) April 9, 1969. I trust this is responsive to your request. Sincerely, Philip Counsel to the President The Honorable Henry S. Ruth, Jr. Special Prosecutor 1425 K Street, N. W. Washington, D. C. Enclosures CC: Mr. Herbert J. Miller, Jr. is THE WHITE HOUSE WASHINGTON September 29, 1975 Dear Mr. Ruth: For purposes of the Research Project for the Special Prosecutor, I am providing to you, under separate cover, eleven envelopes marked "Additional Releases from: C 4/2/75, C 4/4/75, C 4/10/75, C 4/11/75, C 4/15/75, C 4/16/75, C 4/17/75, C 4/21/75, C 4/22/75, C 4/23/75, and C 4/24/75". The contents of these envelopes are generally identified in the attached letters from Stan Mortenson, attorney for Mr. Nixon, to Thomas P. Wolf, Special Assistant to the Administrator, Nixon Presidential Materials. Sincerely, 12/ a Philip W. Buchen Counsel to the President Honorable Henry S. Ruth, Jr. Special Prosecutor Watergate Special Prosecution Force 1425 K Street, N.W. Washington, D.C. 20005 Enclosures bcc: Tom Wolf THE it Dear LIDERSY LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN CSA 2555 M STREET. N.W.-SUITE 500 WASHINGTON, D.C. 20037 SEP 29 9 28 AM '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCAR JOHN JOSEPH CASSIDY COURTNEY A. Eva RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. Ja. THOMAS D. ROWE, JR. R. STAN MORTENSON THOMAS B. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of April 11, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-2-75.- You are hereby authorized to make available to Mr. Buchen, or his designated agent, the following item which should first be withdrawn from the envelope and certain deletions made in accordance with instructions I will discuss with you: B-178. RSM/tc CC: Hon. Philip Buchen Hon. Henry R. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN CSA 2555 M STREET. N.W. - SUITE 500 WASHINGTON, D.C. 20037 SEP 29 9 23 AM '75 AREA CODE 202 TELEPHONE 233-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCART JOHN JOSEPH CASSIOY COUNTRY A. EVA) RAYMOND G. LARHOCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE Ja. R. STAN MORTENSON THOMAS 3. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of April 11, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-4-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: C-110 M-33 M-34 Sincerely, Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY. LARROCA & LEWIN GSA 2553 M STREET. N.W. - SUITE 500 WASHINGTON, D.C. 20037 SEP 29 9 28 AM '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCAR JOHN JOSEPH CASSIDY COUNTRY A. EVA RAYMOND C. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. Ja. THOMAS D. ROWE. JR. R. STAN MORTENSON THOMAS B. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of April 22, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-10-75. You are hereby authorized to make available to him, or his designated agent, the following item from that envelope: D-139 Sincerely, RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN GSA 2553 M STREET. N.W. SUITE 500 WASHINGTON, D.C. 20037 SEP 29 9.28 AM *75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER, Ja. JOSEPH S. MCCART JOHN JOSEPH CA33107 COURTNEY A. EVAN RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN O. MINSKIR WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE Ja. R. STAN MORTENSON THOMAS 3. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of April 28, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-11-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: E-249 B-253 E-251 B-266 You are further authorized to make available to Mr. Buchen, or his designated agent, the following itemswhich should first be withdrawn from the envelope and certain deletions made in accordance with instructions I will discuss with you: B-254 Sincerely, Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN GSA 2553 M STREET. N.W. - SUITE 500 WASHINGTON. D.C. 20037 SEP 29 9 28 AH '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. Ja. JOSEPH S. MCCAN JOHN JOSEPH CASSIOY COURTNEY A. EVA RAYMOND G. LARROCA OF COUNSEL NATHAM LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE JR. R. STAN MORTENSON THOMAS B. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of April 24, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-15-75. You are hereby authorized to make available to him, or his designated agent, the following item from that envelope: F-115. Sincerely, RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN GSA 2553 M STREET. N.W.- SUITE 500 WASHINGTON. D.C. 20037 SEP 29 9:28 AM '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER JR. JOSEPH S. MCCART JOHN JOSEPH Cassior COURTNEY A. EVA RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN O. MINSKER WILLIAM H. JEFFRESS. Ja. THOMAS D. ROWE. Ja. R. STAN MORTENSON THOMAS B. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter. of April 28, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-16-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: G-56 G-63 E-284 G-54 G-57 G-52 E-280 G-60 G-58 G-55 G-53 G-59 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. K. TORD OBRAKS LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN GSA 2555 M STREET. N.W.- SUITE 500 WASHINGTON, D.C. 20037 SEP 29 9 29 AM 75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCA. JOHN JOSEPH CASSIOY COURTYEY A. EV RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. R. STAN MORTENSON THOMAS B. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of April 22, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-17-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: C-177 Sincerely, RSM/tc cc: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER CASSIDY, LARROCA & LEWIN GSA 2533 M STREET. N.W. - SUITE 500 WASHINGTON. D.C. 20037 SEP 29 9 28 AM '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCAR JOHN JOSEPH CASSIOY COURTNEY A. EV. RAYMOND G. LARROCA OF COUNSEL MATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. R. STAN MORTENSON THOMAS B. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of May 2, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-21-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: G-86 C-184 Sincerely, RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN GSA 2535 M STREET. N.W. - SUITE 500 WASHINGTON. D.C. 20037 SEP 29 9 28 AH 75 AREA CODE 202 TELEPHONE 293-6400 HERSERT J. MILLER. JR. JOSEPH S. MCCART JOHN JOSEPH CASSIDY COURTNEY A. EVAI RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE JR. R. STAN MORTENSON THOMAS 3. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of May 12, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-22-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: G-108 G-94 E-308 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN GSA 2533 M STREET. N.W.- SUITE 500 WASHINGTON. D.C. 20037 SEP 29 g 28 AN '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH S. MCCAR JOHN JOSEPH CASSIOY COURTNEY A. EVA RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS, JR. THOMAS D. ROWE JR. R. STAN MORTENSON THOMAS B. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of May 15, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-23-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: G-119 G-122 G-120 F-134 G-121 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. LAW OFFICES RECEIVED MILLER, CASSIDY, LARROCA & LEWIN GSA 2555 M STREET. N.W. - SUITE 500 WASHINGTON, D.C. 20037 SEP 29 9 28 AM '75 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER. JR. JOSEPH 5. MCCART JOHN JOSEPH CASSIOY COURTNEY A. EVA RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE JR. R. STAN MORTENSON THOMAS 3. CARR September 26, 1975 Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, DC 20506 Dear Mr. Wolf: By letter of May 29, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-24-75. You are hereby authorized to make available to him, or his designated agent, the following items from that envelope: G-151 G-161 Sincerely, RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. THE WHITE HOUSE WASHINGTON October 20, 1975 Dear Mr. Ruff: For purposes of the Research Project for the Special Prosecutor, I am providing to you, under separate cover, two envelopes marked "Additional Releases from 4/10/75 C and 4/15/75 c." The contents of these envelopes are generally identified in the attached letters, dated October 14, 1975, from Stan Mortenson, attorney for Mr. Nixon, to Thomas P. Wolf, Special Assistant to the Administrator, Nixon Presidential Materials. Sincerely, Counsel to the President Honorable Charles F.C. Ruff Special Prosecutor Watergate Special Prosecution Force Federal Triangle Building 9th and D Str., NW Washington, D.C. 20530 Enclosures bcc: T.P. Wolf This will hereby acknowledge receipt from a representative of the GSA Coordinator for the Nixon Presidential Materials of the following: two envelopes marked as fdlows additional releases fram 4/10/75 C and additional pleaser from 9/15/75 C" Name Philip Bucheng By 10/20/75 Date Copy shill LAW OFFICES MILLER, CASSIDY. LARROCA & LEWIN 2555 M STREET, N.W. - SUITE 500 to Barry WASHINGTON. D.C. 20037 AREA CODE 202 TELEPHONE 293-6400 HERBERT J. MILLER, JR. JOSEPH S. MCCARTHY JOHN JOSEPH CASSIDY COURTNEY A. EVANS RAYMOND G. LARROCA OF COUNSEL NATHAN LEWIN MARTIN D. MINSKER WILLIAM H. JEFFRESS. JR. THOMAS D. ROWE. JR. October 14, 1975 R. STAN MORTENSON cell THOMAS B. CARR May Mr. Thomas P. Wolf Special Assistant to the Administrator Room 487, Old Executive Office Building Washington, D.C. 20506 Dear Mr. Wolf: By letters of April 21 and September 26, 1975, I authorized you to make available to Mr. Buchen, with certain exceptions, the items contained in the envelope labeled 4-10-75. At the request of the Special Prose- cutor, I hereby authorize you to make available to Mr. Buchen or his designated agent the following items from that envelope which have not previously been released: C-133 J-51 Sincerely, R. Stan Mortenson RSM/tc CC: Hon. Philip Buchen Hon. Henry S. Ruth, Jr. THE WHITE HOUSE WASHINGTON October 17, 1975 MEMORANDUM FOR: RON NESSEN FROM: PHIL BUCHEN P. Attached is a copy of the Special Prosecution Force report. As indicated in the first paragraph on page 1, the report is made "to the public and to the Congress." The principal portion dealing with the involvement of President Ford in matters of concern to the Special Prosecution appear at pages 115-119 and 128-133. If you have any thoughts on issues that might be raised by the media, please let me know. Attachment FORD it STATE LIBRARY THE WHITE HOUSE WASHINGTON 33 October 22, 1975 Dear Hank: Many thanks for sending me the typed summary of your October 19, 1975, report issued on the eve of your departure from office. I also have received the full printed report and have begun to review its contents. Judging from the questions you received on television Sunday, it appears that your report fails to provide sensational new revelations which the press had hoped for. However, I commend your restraint, and I admire the impeccable way in which you have protected the integrity of the law enforcement process. Even in the face of disappointing your avid television inquisitors, you did beautifully in handling their questions. With your departure from office I want to add to the many plaudits you have received my own expression of appreciation for the superb service you have rendered and for your thoughtful and considerate help to me on matters within your jurisdiction in which my office had an interest. I wish you much success and satisfaction in your new position. Sincerely, Thil Philip W. Buchen Counsel to the President The Honorable Henry Ruth 5111 Battery Lane in FORD Bethesda, Maryland 20014 WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washington, D.C. 20005 October 16, 1975 Honorable Philip W. Buchen Counsel to the President The White House Washington, D. C. Dear Phil: I am enclosing a copy of a Report covering the activities of the Watergate Special Prosecution Force from May 1973 to September 15, 1975. I appreciate the cooperation that you have given to this Office in the arrangements for the acquisition by this Office of the Nixon Administration tapes and papers that we needed. Best wishes. Sincerely, Bank HENRY S. RUTH, JR. Special Prosecutor SUMMARY OF OCTOBER, 1975 REPORT OF WATERGATE SPECIAL PROSECUTION FORCE The Report of the Watergate Special Prosecution Force (WSPF) describes the work of WSPF during the 28-month period from May 25, 1973 when Archibald Cox took office as Special Prosecutor to September 15, 1975. The work produced more than fifty criminal convictions of individuals and pleas of guilty from nineteen corporations. These matters included eleven completed or pending trials of which six were held in Washington, D.C. and five were held or are scheduled in various cities around the Nation. In addition to reporting on the investigations and trials WSPF undertook and completed, the Report describes the pro- cess by which decisions were made as to the investigations to be undertaken, the persons to be charged and the charges to be brought, including decisions concerning plea negotiations. However, the Report does not set out facts about individual cases or criminal charges other than those that have been presented in court or otherwise made public, because, as ex- plained in the Introduction to the Report, to do so would be inconsistent with fundamental protections which our system of justice accords to individuals. The Report describes in detail the Special Prosecutor's efforts to obtain tapes, documents and other information and - 2 - material of the Nixon Administration starting immediately after Cox's appointment and continuing for several months after President Nixon's resignation. It also describes the deliberations and the actions of the Special Prosecutor relating to the possibility of criminal charges against President Nixon and the cooperation between WSPF and the House Judiciary Committee during that Committee's investiga- tions and deliberations about possible impeachment. Finally, the Report states some concluding observations and makes a series of recommendations based upon the experience of the prosecutors during their 28-months' work. Since the Prosecution Force was not a commission or study group, the proposed recommendations are not intended as a comprehensive finding as to the changes needed to prevent and challenge abuses of power. A detailed series of appendices follows the main body of the Report. There are summarized below those chapters of the Report setting forth WSPF's recommendations, the policies and proce- dures of WSPF including decisions about prosecutions to be undertaken and about plea bargaining, descriptions of major investigations, efforts to obtain evidence from the White House, and actions related to possible criminal prosecution against President Nixon. - 3 - WSPF Recommendations (Chapter 5) 1. Protecting the Integrity and Effectiveness of the Prosecution Function Among recommendations seeking to insulate the Department of Justice from political pressure were the following: - Neither the campaign manager nor any other top officials of the President's campaign should become Attorney General. - The Hatch Act should apply to all Justice Department employees. - A written record should be maintained of all outside contacts with Justice Department officials concerning pending matters. - A new unit with adequate resources should be established within the Justice Department to investigate and prosecute corruption cases. - An Office of Permanent Special Prosecutor should not be established. - The organized bar and the courts should clarify and more actively inquire into possible conflicting interests in one attorney's repre- sentation of both higher-level and lower-level employees during a federal investigation of the leadership's conduct in hierarchial organi- zations, such as corporations, labor unions and government agencies. - In order to ensure a continuous flow of informa- tion from cooperating witnesses, the Freedom of Information Act should be clarified to protect absolutely information obtained confidentially by law enforcement agencies. 2. Protecting the Integrity of Executive Branch Functions in Law Enforcement - Congress should exercise effective oversight of enforcement and intelligence agencies through - 4 - regular review of agency policies, internal inspec- tion procedures and other checks on how sensitive functions are being performed. - A constitutional amendment should clarify if and when a President in office is subject to criminal prosecution. 3. Control of Intelligence and National Security Functions - All intelligence agencies should issue written policies setting forth types of domestic intelli- gence to be gathered and methods to be used. These policies should be reviewed by a domestic intelligence policy review board. - The Administration should clarify its present policy on warrantless searches and seizures in connection with foreign intelligence investi- gations. 4. Political Financing and Campaign Tactics - The Department of Justice should take the initia- tive in undertaking investigations and prosecutions for campaign financing violations without waiting for referral of complaints from other agencies or individuals. - Individual responsibility for the various reporting requirements of a campaign committee under the Federal Election Campaign Act (FECA) should be extended to include committee chairmen, rather than just the treasurers of such committees. - The statute of limitations on election law viola- tions, amended retroactively in the middle of WSPF's work to a three-year period, should be restored to the five-year period applicable to almost all other federal crimes. - Several amendments are needed to the FECA pro- visions barring corporate contributions and contributions by a government contractor in order to clarify the extent and nature of the criminal prohibitions and make them more consistent in approach to the problems of campaign financing. (See PP 149-152 of Report) - 5 - - The authority of the Federal Election Commission should be broadened with respect to "dirty tricks" to enable it to promulgate standards of unaccepted campaign conduct. WSPF Policies and Procedures for Investigation and Prosecution (Chapter 2) A. Beginning Investigations The Report describes the various sources of information on the basis of which decisions were made to undertake investi- gations. It notes that with respect to some areas of its responsibility, WSPF began with the benefit of prior investiga- tive work by other agencies while with respect to others, little prior work had been done. It describes the Special Prosecutor's decision to utilize the FBI as its principal investigating agency, a decision that Cox reached only after satisfying him- self that alleged improprieties by some former high FBI officials did not involve those who would be responsible for work undertaken for the Special Prosecutor. B. The Investigative Process The Report details the various investigative techniques used by WFPF, noting similarities and differences in comparison with other "white-collar" crime investigations. Among the differences were the special problems resulting from the White House's refusal to make available important evi- dence, the intense interest of the news media, and WSPF's need to maintain public support in view of the threat its work pre- sented to the President and others in high positions. - 6 - The Report describes the various methods used for obtain- ing information from witnesses, including FBI interviews, of- fice interviews and bringing the witness before the grand jury and the role each of these methods played in WSPF's investiga- tions. It notes that only about 30 of the several hundred wit- nesses who were interviewed were granted immunity as a means of obtaining crucial information. An important reason for this was WSPF's belief that most of those who were at relatively "low" levels of the conspiracies and other wrong-doing it was investigating held important positions of public trust and were not entitled to complete immunity. Whenever possible in such situations, WSPF sought to obtain the information it needed on the basis of a plea bargain in order that a court could im- pose an appropriate penalty. C. Charging and Disposing of Cases The Report analyzes the bases on which WSPF decided whether to charge persons and what particular charges to bring. The case involving the burglary of the office of Dr. Fielding, Daniel Ellsberg's psychiatrist, is used as an example to describe the factual and legal considerations that led to re- jection of certain charges and the decision to bring others - in that case conspiracy to violate Dr. Fielding's Fourth Amend- ment rights to not be victimized by an illegal search and seizure. - 7 - The Report describes the issues the Special Prosecutor faced in deciding whether to bring perjury charges and whether to invoke the federal conspiracy statute in those cases where it appeared to be applicable. The Report also explains why instead of using the minimum required standard of proof for a grand jury indictment, the Special Prosecutor sought to use a higher standard and thus sought indictments only when all the available evidence, in- cluding the defendant's explanations, seemed likely to result in a guilty verdict at trial. The Report indicates the special circumstances that in some cases led the prosecutors to believe leniency was jus- tified in making charging decisions. Thus, in a few cases the defendant's health was taken into account. In others, the defendants seemed to have relied on advice of counsel as to the legality of their actions or on prior non-enforcement de- cisions by government agencies. Plea Bargaining Without plea bargaining the Special Prosecutor would have been able to convict only a small number of the persons who were shown on investigation to have committed crimes. In- formation obtained by plea bargaining was crucially important in many of. the major prosecutions and convictions. - 8 - The Report describes Special Prosecutor Cox's offer of leniency to corporations which volunteered information about their violations of the campaign financing laws. The reasons for Cox's policy, which was adhered to by each succeeding Special Prosecutor, are described in full in the Report and include proof difficulties, prior lack of enforcement and corporate disclosure of prior practices. The volunteer policy resulted in guilty pleas by 12 corporations and 10 corporate officers. These pleas, and others that followed in the campaign contributions area, marked the first time in many years that corporate officers had been convicted for consenting to illegal contributions. The Report describes WSPF's concern that guilty pleas involve admission of guilt to a sufficiently serious charge to enable the judge to impose an appropriate sentence. In general the Special Prosecutor was willing to accept a plea to one felony charge. Most federal felonies permit a five-year maximum sentence. WSPF also believed that guilty pleas should resolve the issue of the defendant's guilt or innocence of the underlying conduct which the evidence established. Thus, WSPF refused to accept pleas if the defendant was asserting his innocence in court at the time of the plea, and, with one exception involving one of the first campaign-law violators to come forward voluntarily, refused to accept pleas of nolo - 9 - contendere. In a few other situations the Special Prosecutor was willing to accept guilty pleas that did not fully meet these concerns, and the Report sets out the range of considera- tions that led to the acceptance of such pleas. The Report also notes that in considering a plea agree- ment, WSPF was concerned that where subordinates had been convicted and sentenced, the principle of proportionality prevented accepting a plea to a lesser charge from a person who had directed his criminal activities. Major Investigations and Other Actions (Chapter 3) The most important work of WSPF's five task forces and the counsel's office is summarized in Chapter 3 of the Report. Not included are large numbers of investigations which involved a relatively minor commitment of office resources and a lesser number of investigations, requiring more substantial efforts, which have not been publicly disclosed in the past and which did not result in charges. Reporting them would publicize, for the first time and in an improper forum, allega- tions from which the prosecutors concluded they should not initiate court action for the various reasons cited in Chapter 2. In the investigations included within this chapter, allegations are cited if they have already received extensive publicity or if they had become public through court proceedings, legislative inquiries or other forums. - 10 - A section of the work of the Watergate Task Force briefly describes its three investigations. The Watergate cover-up investigation resulted in the prosecution and felony conviction of eight men formerly associated with the White House or the President's Campaign Committee. On January 15, 1974, a panel of tapes' experts appointed by Judge Sirica concluded that an 18 1/2 minute gap in a subpoenaed Presidential tape recording of June 20, 1972 had been produced by at least five separate hand operations of the stop and record buttons of a Uher 5000 machine, the same model used by the President's secretary, Rose Mary Woods, in transcribing the tape. Since the experts' report made it clear that the gap had been caused by intentional erasures, and evidence produced at earlier hearings showed that the erasures had occurred after the tape had been subpoenaed, Judge Sirica had referred the matter to the grand jury for further investigation of the possibility of obstruction of justice. A grand jury, assisted by WSPF and the FBI, concluded from the testimony of over 50 people that a very small number of persons could have been responsible for the erasures, but it was unable to obtain evidence sifficient to prosecute any individual. Another matter which arose as part of the Watergate cover- up investigation was an inquiry into President Nixon's sub- mission of Presidential tape transcripts to the House Judiciary - 11 - Committee on April 30, 1974. Comparison of the President's submission with transcripts in WSPF's possession showed that the President's version contained several omissions of por- tions of conversations. After an investigation, WSPF concluded that there is strong circumstantial evidence that at least some of the lengthy deletions were deliberate, but no prosecution was possible for reasons outlined in the Report. The Report also describes the work of WSPF's "Dirty Tricks" task force. The "Dirty Tricks" investigation, which resulted in convictions of Donald Segretti and Dwight Chapin, sprung from reports that President Nixon's re-election cam- paign had included an undercover network of agents who had engaged in various kinds of political espionage and sabotage against candidates for the Democratic Presidential nimination. The reported activities included forging letters and other literature which unfairly attacked some candidates, planting manufactured stories in the press, copying documents from campaign files, and recruiting people to ask embarrassing questions at candidates' rallies or to picket such rallies on behalf of opposing candidates. WSPF also received and investigated allegations about possible "dirty tricks" by agents of Democratic candidates directed against President Nixon's campaign. FORE of STATE LIBRARY - 12 - WSPF's ITT task force investigated allegations that the Department of Justice had settled three antitrust suits in 1971 against International Telephone and Telegraph Corporation (ITT), one of the Nation's largest conglomerates, in return for ITT's alleged offer to help finance the 1972 Republican National Convention. These investigations included the possibility that perjury had been committed in the 1972 confirmation hearings of Richard Kleindienst to become Attorney General and an allegation that a Securities and Exchange Commission (SEC) inquiry had been obstructed by ITT's failure to produce certain documents. The Report summarizes these investigations and additional allegations that the Kleindienst hearings had been illegally obstructed; that crimes had been committed in connection with the transfer of documents relating to ITT from the SEC to the Justice Department; that ITT had been granted a favorable tax ruling by the Internal Revenue Service as a result of improper influence or fraud; that improper influence had been applied to the Justice Department's handling of the antitrust suits against ITT, apart from the 1971 settlement; that improper influence had been used in securing the agreement of another corporation to merge with ITT; and that perjury had been committed by various people before Congressional Committees, the SEC, and the grand jury. Richard Kleindienst and Howard Reinecke were convicted by this Task Force. - 13 - The "Plumbers" task force investigated and prosecuted those responsible for a break-in in September 1971 at the Los Angeles offices of Dr. Lewis Fielding, conducted to secure the psychiatric records of Fielding's former patient, Daniel Ellsberg. At the time of the break-in, Ellsberg was under indictment for his role in the alleged theft of the classified "Pentagon Papers." The report recounts that prosecution, which resulted in the conviction of six individuals, and a number of other investigations undertaken by WSPF's "Plumbers." These included investigations of other break-ins, a "national security" wiretap program, the alleged misuse of federal agencies, the alleged mistreatment of demonstrators, and an inquiry into President Nixon's tax returns. The Report also details the work of the Campaign Contri- butions task force, which systematically examined the campaign finances of major 1972 Republican and Democratic Presidential candidates. This examination included the investigation of several hundred separate transactions, including corporate and labor union contributions, recipients' non-reporting of contributions and expenditures, and alleged quid pro quo relationships between contributions and Government actions. The Report specifically describes investigations into the alleged sales of Ambassadorships, contributions made by - 14 - Associated Milk Producers, Inc., the "Townhouse" program, the Hughes-Rebozo allegations and an inquiry into the National Hispanic Finance Committee. In total, the Campaign Contribu- tions Task Force convicted 32 individuals and 19 corporations. Chapter 3 concludes with a summary of the work of WSPF's legal issues task force, the Office of Counsel to the Special Prosecutor. Efforts to Obtain Evidence from the White House (Chap. 4, first section) From the first days of Special Prosecutor Cox's tenure until many months after President Nixon's resignation, much of WSPF's energy and concern was devoted to a continuing struggle with the White House to obtain tapes, papers and other evidence that were under President Nixon's control during his incum- bency. The Report describes Cox's early efforts in May and June, 1973, to obtain papers and to insure that White House files con- taining items he might need would not be tampered with. It details the decision to seek tapes after their existence be- came known in July, 1973, including the process of identifying for a subpoena the particular tapes which would establish whether John Dean or the President were telling the truth about the President's knowledge and involvement. The negotiations between Cox and the White House and litigation over the grand - 15 - jury's subpoena which led in October 1973 to Cox's dismissal are also described. The public uproar over Cox's firing led the President to agree to comply with the subpoena, and the Report describes the disclosure that two of the tapes were missing and one had an 18 1/2 minute gap and the resulting investiga- tion. It details Special Prosecutor Jaworski's continuing efforts to obtain additional materials and the issuance in April 1974 of a subpoena for 64 tapes needed for the Watergate trial and the ensuing litigation resulting in the United States Supreme Court's unanimous decision on July 24, 1974, requiring that these tapes be turned over to the Special Prosecutor. After President Nixon's resignation WSPF took immediate action to prevent tapes and documents from the White House from being shipped to California and there ensued complex negotiations and litigation, described in the Report, resulting in the Special Prosecutor's obtaining access to the materials he believed he needed to complete his task. Actions Related to President Nixon's Possible Criminal Liability (Chap. 4, second section) Section B of Chapter 4 describes the issues facing the Special Prosecutor relating to the possible criminal liability of President Nixon. The background is John Dean's testimony - 16 - in June, 1973 before the Senate Select Committee implicating the President in discussions of executive clemency for Water- gate burglar E. Howard Hunt and the decision to pay Hunt "hush money." Dean's version was corroborated and added to by the March 21, 1973 tape which WSPF obtained following the "Saturday night massacre" in late October 1973. The Report describes the deliberations of WSPF on whether President Nixon could and should be indicted and Special Prosecutor Jaworski's decision not to recommend such an indict- ment to the grand jury, but instead to transmit evidence pertinent to the President's involvement to the House Judiciary Committee which was then considering impeachment. The Report details the steps leading to this information reaching the House Committee and describes the cooperation between the Committee and WSPF that resulted in additional information and assistance being made available to the House Committee. On July 29, 1974 the Committee included in Article II of its Articles of Impeachment a charge that the President had "know- ingly misused the executive power by interfering with agencies of the federal government," and included WSPF among the agencies listed. The Report also details the decision to name President Nixon an unindicted co-conspirator in the Watergate indictment. - 17 - After President Nixon resigned, Special Prosecutor Jaworski decided that he would defer any possible criminal action against the former President until the Watergate cover-up jury was sequestered and the trial had started. His purpose was to avoid exposing the jurors to additional pre-trial publicity. The result of this decision was that Nixon, if charged with complicity in the Watergate cover-up, would have been tried separately from Haldeman, Mitchell, Ehrlichman and the other alleged co-conspirators originally charged. The Report describes Jaworski's meeting with Phillip Buchen, Counsel to President Ford, in which the Special Prosecutor told Buchen that the pre-trial publicity required a delay of at least 9 to 12 months before a jury could be selected and at which he gave Mr. Buchen a list of ten mat- ters pending before WSPF which "may prove to have some connection to activities in which Mr. Nixon is personally involved, 'but as to which WSPF lacked evidence of a probable criminal violation. On September 8, President Ford pardoned Mr. Nixon. On October 12 Special Prosecutor Jaworski wrote Attorney General Saxbe a letter accompanying his resignation in which he ex- plained his reasons, included in the Report, for not challenging the pardon. - 18 - In addition to the 154 pages in the main body of the Report summarized above, the Report included 13 appendices. They include a complete status report of all cases handled by WSPF up to September 15, 1975, a detailed organizational history of WSPF, a description of the relationship of the Special Prosecutor with the Attorney General and with various federal agencies and legislative committees, a detailed chronology of Watergate events as they related to WSPF's work, and a comprehensive bibliography of the extensive public materials relating to matters investigated by WSPF. Thur sday 2/5/76 6:05 Ken sent this over. I called to let him know that you and Mike had already prepared something and sent it to Nessen. At his suggestion, I read the attached to Mike and he said his recommendation is that we go with what we have. THE WHITE HOUSE WASHINGTON February 5, 1976 MEMO FOR: PHIL BUCHEN FROM: KEN LAZARUS Attached is a draft response to Church's statement today which is intended for oral presentation by Nessen. I do not believe a formal statement should be distributed. The President maintains complete confidence in the integrity of the Attorney General and the professional staff of career prosecutors within the Department of Justice to conduct whatever investigations or prosecutions are appropriate in this area. He also believes this confidence is shared by the public at large. Article II of the Constitution places the law enforcement function within the exclusive province of the Executive Branch. It is thus difficult to envision a statutory or regulatory scheme which would ensure the fundamental type of "independence" urged by Senator Church. In this regard, it should be noted that the Supreme Court's decision of last week on the constitutionality of the Federal Election Commission represents a strong reaffirmation of the President's appointment powers with respect to law enforcement officials under our Constitutional system. The Court's reasoning is instructive regarding the appointment of any "special prosecutor". Further comment must be reserved until such time as a concrete proposal is presented for review. TORD STATE WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 315 9th Street, N.W. Washington, D.C. 20530 March 25, 1976 R. Stan Mortenson, Esq. Miller, Cassidy, Larroca & Lewin 2555 M Street, N. W. Washington, D. C. 20037 Dear Mr. Mortenson: In accordance with the ongoing agreement between the Special Prosecutor and Counsel to the President, I am requesting that there be made available to this office copies of the Presidential Daily Diaries for the periods designated in the attachment to this letter. Access to the designated portions of the diaries is important to a full and fair resolution of investigations now being conducted by this office. I would appreciate it if this matter could be handled as expeditiously as possible, and if you have any questions, do not hesitate to get in touch with me. Sincerely, CHARLES F. C. RUFF Special Prosecutor CC: Dr. James E. O'Neill Deputy Archivist Philip W. Buchen, Esq. Counsel to the President in STREET LIBRARY BICENTENNAL REVOLUTION 1/76-1376 AMERICANA LIST OF PRESIDENTIAL DAILY DIARIES REQUESTED BY LETTER OF MARCH 25, 1976 1. Those portions of the diaries covering the period February 3rd through February 7, 1972, but limited to the times when Mr. Nixon was present in Key Biscayne, Florida, and covering the period February 10 to February 13, 1972, limited to the times when Mr. Nixon was present either in Key Biscayne, Florida, or the Grand Cay Islands, or in transit between those two locations. 2. Those portions of the Presidential Daily Diaries covering the period October 8, 1973, to October 26, 1973, but limited to those times at which Mr. Nixon was outside the White House and the Executive Office Building. 3. Those portions of the Presidential Daily Diaries covering the period November 8 to November 12, 1972, and the period November 29 to December 4, 1972.