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Nixon - Papers General (4)
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24823994
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Nixon - Papers General (4)
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Philip W. Buchen Files
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Nixon, Richard M. (Richard Milhous), 1913-1994
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The original documents are located in Box 30, folder "Nixon - Papers General (4)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 30 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
September 9, 1975
Dear Ms. Cheshire:
This is in response to your request under the Freedom of
Information Act, 5 U.S.C. 552, to examine and copy "The
Gift Register which was compiled by the White House Gift
Unite during the years of Richard M. Nixon's presidency."
For your information, the gift register was placed in storage
with other Presidential materials of the Nixon Administration
in compliance with the Order of the United States District Court
for the District of Columbia, entered October 21, 1974, as
amended, in Nixon V. Sampson, et al., C.A. No. 74-1518,
pending a determination in that litigation of the status to be
afforded to those materials. I am unable to explain the
statements to the contrary to which you refer in your letter.
My office has been advised by counsel for plaintiff Nixon that
Mr. Nixon is not able to determine his position with respect
to the requested register without further examination of the
facts surrounding the preparation of the register. In view of
the plaintiff's position, as well as the above-referenced Order
which was issued for the purpose of maintaining the status quo
with respect to the Nixon historical materials, I am required
to treat the item you seek in accordance with this Order. As
you are aware, this Order enjoins any disclosure, transfer,
disposal or search of the Nixon Presidential materials except
under certain limited circumstances not presented by your
Freedom of Information Act request. In addition, the White
House is not an agency for the purpose of the Freedom of
Information Act and is, therefore, not subject to its mandatory
disclosure provisions. Accordingly, for the reasons referred
to above, your request is denied.
Your letter also states that the gift registers for Presidents
Kennedy and Johnson remain at the White House for use by
incoming Presidents. As a member of my staff explained to
you, this is not the case. Last May, my office was informed
that a gift register for President Johnson, along with some
GERALD LIBRARY
- 2 -
the "gift cards" of Presidents Kennedy and Johnson had recently
been found in the Gift Unit. As neither the Gift Unit nor the
Office of the Chief of Protocol at the Department of State indicated
they had any use for these items, and the papers of those
Administrations are now in government custody and ownership,
they were forwarded to the National Archives for deposit in the
respective Presidential libraries. I trust this information
clarifies this point for you.
Sincerely,
Philip V. Buchen
Counsel to the President
Ms. Maxine Cheshire
The Washington Post
1150 - 15th Street, N. W.
Washington, D. C. 20071
bcc: Herbert J. Miller, Jr.
w/ incoming
Irwin Goldbloom
w/ incoming
FORD i LIBRAN 070870
The Washington Post
1150 15ᵀᴴ STREET, N.W.
WASHINGTON, D.C. 20071
(202) 223-6000
August 28, 1975
Mr. Philip W. Buchen
Counsel To The President
The White House
1600 Pennsylvania Avenue
Washington, D.C.
Dear Mr. Buchen:
Pursuant to the Freedom of Information Act, 5 USC Section 552,
I hereby request for the purposes of examining and copying the
following:
The Gift Register which was compiled by the
White House Gift Unite during the years of
Richard M. Nixon's presidency.
I have been assured by your staff repeatedly that the Gift
Register is now in storage in the EOB. It was, I was further
assured, accidentally placed there during the time that your
office was collecting any possible presidential materials that
might be construed to fall under Judge Ritchie's temporary re-
straining order.
The Gift Register, as I believe your staff has now determined
to its satisfaction, was not compiled as part of former President
Nixon's records. It was compiled, as it had been in previous
administrations, as part of the White House's permanent records,
needed for ongoing continuity. The Gifts Registers for both the
late President Lyndon B. Johnson and the late President John F.
Kennedy are not now in their presidential libraries. Both are
still at the White House, for use by incoming presidents.
Furthermore, I call to your attention the deposition which Mr.
Nixon gave at San Clemente on July 25, 1975. On page 124, Mr.
Nixon's attorney, R. Stan Mortenson, agrees that the Gift Register,
"obviously is not included in the presidential materials claimed
by this lawsuit".
FORD i LIBRAR. 078838
-2-
Therefore, since Mr. Nixon's attorney agrees that the Gift
Register is not part of the presidential materials, I would
like to see it at once. I would appreciate an answer within
the 10-day period dictated by law.
Sincerely yours,
Magine Cheshire
Maxine Cheshire
MC:djm
FORD is LIBRARY QERALT
THE WHITE HOUSE
WASHINGTON
September 9, 1975
Dear Ms. Cheshire:
This is in response to your request under the Freedom of
Information Act, 5 U.S.C. 552, to examine and copy "The
Gift Register which was compiled by the White House Gift
Unite during the years of Richard M. Nixon's presidency."
For your information, the gift register was placed in storage
with other Presidential materials of the Nixon Administration
in compliance with the Order of the United States District Court
for the District of Columbia, entered October 21, 1974, as
amended, in Nixon V. Sampson, et al., C.A. No. 74-1518,
pending a determination in that litigation of the status to be
afforded to those materials. I am unable to explain the
statements to the contrary to which you refer in your letter.
My office has been advised by counsel for plaintiff Nixon that
Mr. Nixon is not able to determine his position with respect
to the requested register without further examination of the
facts surrounding the preparation of the register. In view of
the plaintiff's position, as well as the above-referenced Order
which was issued for the purpose of maintaining the status quo
with respect to the Nixon historical materials, I am required
to treat the item you seek in accordance with this Order. As
you are aware, this Order enjoins any disclosure, transfer,
disposal or search of the Nixon Presidential materials except
under certain limited circumstances not presented by your
Freedom of Information Act request. In addition, the White
House is not an agency for the purpose of the Freedom of
Information Act and is, therefore, not subject to its mandatory
disclosure provisions. Accordingly, for the reasons referred
to above, your request is denied.
Your letter also states that the gift registers for Presidents
Kennedy and Johnson remain at the White House for use by
incoming Presidents. As a member of my staff explained to
you, this is not the case. Last May, my office was informed
that a gift register for President Johnson, along with some of
LIBRARY
- 2 -
the "gift cards" of Presidents Kennedy and Johnson had recently
been found in the Gift Unit. As neither the Gift Unit nor the
Office of the Chief of Protocol at the Department of State indicated
they had any use for these items, and the papers of those
Administrations are now in government custody and ownership,
they were forwarded to the National Archives for deposit in the
respective Presidential libraries. I trust this information
clarifies this point for you.
Sincerely,
Philip V. Buchen
Counsel to the President
Ms. Maxine Cheshire
The Washington Post
1150 - 15th Street, N. W.
Washington, D. C. 20071
bcc: Herbert J. Miller, Jr.
w/ incoming
Irwin Goldbloom
w/ incoming
TORO 3 LIBRARY 076930
The Washington Post
1150 15ᵀᴴ STREET, N.W.
WASHINGTON, D.C. 20071
(202) 223-6000
August 28, 1975
Mr. Philip W. Buchen
Counsel To The President
The White House
1600 Pennsylvania Avenue
Washington, D.C.
Dear Mr. Buchen:
Pursuant to the Freedom of Information Act, 5 USC Section 552,
I hereby request for the purposes of examining and copying the
following:
The Gift Register which was compiled by the
White House Gift Unite during the years of
Richard M. Nixon's presidency.
I have been assured by your staff repeatedly that the Gift
Register is now in storage in the EOB. It was, I was further
assured, accidentally placed there during the time that your
office was collecting any possible presidential materials that
might be construed to fall under Judge Ritchie's temporary re-
straining order.
The Gift Register, as I believe your staff has now determined
to its satisfaction, was not compiled as part of former President
Nixon's records. It was compiled, as it had been in previous
administrations, as part of the White House's permanent records,
needed for ongoing continuity. The Gifts Registers for both the
late President Lyndon B. Johnson and the late President John F.
Kennedy are not now in their presidential libraries. Both are
still at the White House, for use by incoming presidents.
Furthermore, I call to your attention the deposition which Mr.
Nixon gave at San Clemente on July 25, 1975. On page 124, Mr.
Nixon's attorney, R. Stan Mortenson, agrees that the Gift Register,
"obviously is not included in the presidential materials claimed
by this lawsuit".
FORD LIBRARY
-2-
Therefore, since Mr. Nixon's attorney agrees that the Gift
Register is not part of the presidential materials, I would
like to see it at once. I would appreciate an answer within
the 10-day period dictated by law.
Sincerely yours,
Magine Cheshire
Maxine Cheshire
MC:djm
GERALA FORD FLBRARY
THE WHITE HOUSE
WASHINGTON
September 23, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
KEN LAZARUS
Fe
SUBJECT:
"Mayday" Cases/Requests for
Discovery of Document,
Attached is a request from the Department of Justice for our
clearance of a release of a departmental memorandum to
then-President Nixon from the Secretary of Defense and
Attorney General.
The request for the document was made by plaintiffs in the
so-called "Mayday" civil actions against former high Department
of Justice and District of Columbia officials for personal
monetary damages arising out of the arrest, detention, and
processing of demonstrators during April-May, 1971.
I have reviewed the memorandum and can think of no reason
why we should not authorize the Department to comply with
the request of plaintiffs' counsel.
May I have your guidance.
Approve
Disapprove
FORD : LIBRARY
THE WHITE HOUSE
WASHINGTON
neoper
November 11, 1975
Dear Dr. Nestor:
In behalf of the President, this is in response to your letter
of November 5, 1975, urging the release of any tape re-
cordings from the Nixon Administration concerning the
investigation of Watergate by the House Banking Committee.
The White House is presently subject to an Order of the
United States District Court for the District of Columbia,
entered October 21, 1974, as amended in Nixon V. Sampson,
et al., which enjoins the search, disclosure, transfer or
disposal of any of the "Presidential materials of the Nixon
Administration" except for certain limited purposes generally
relating to information necessary for investigation and court
proceedings. Accordingly, we are unable to respond affir-
matively to your request.
As you may be aware, last December the President signed
into law the Presidential Recordings and Materials Preservation
Act, P.L. 93-526, one purpose of which was to make many of
these recordings available to the public., This statute is
presently being challenged in the courts on constitutional
grounds by Mr. Nixon.
Your inquiry is appreciated.
Sincerely,
They W Bucken Philip We Buchen
Counsel to the President
Dr. O. W. Nestor
410 Bendermere Avenue
Interlaken, New Jersey 07712
FORD & LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
November 18, 1975
MEMORANDUM FOR: INSPECTOR THEODORE FREEMAN
FROM:
PHILIP W. BUCHEN T.W.B.
SUBJECT:
Nixon EOB Suite
This memorandum is to update our procedures for access to
the EOB suite of offices used by former President Nixon. The
conference room, which contains papers used by Miss Rose
Woods which are subject to the order of the U. S. District
Court for the District of Columbia entered October 21, 1974,
as amended, in Nixon v. Sampson, et al., is to be alarmed
and access is to be granted only on my express written
authorization.
With respect to the remainder of the suite, this space is being
temporarily assigned by the Staff Secretary to Mr. Don Ogilvie,
Associate Director of OMB. He will provide in the customary
manner a list of the persons authorized to enter the remainder
of the suite. This portion of the suite is to be separately
alarmed. It is not necessary for this office to grant permission
in the future for access to this portion of the suite.
If you have any questions in this regard, please contact Barry
Roth of my staff.
FORD i LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
November 18, 1975
MEMORANDUM FOR: INSPECTOR THEODORE FREEMAN
FROM:
PHILIP W. BUCHEN T.W.B.
SUBJECT:
Nixon EOB Suite
This memorandum is to update our procedures for access to
the EOB suite of offices used by former President Nixon. The
conference room, which contains papers used by Miss Rose
Woods which are subject to the order of the U. S. District
Court for the District of Columbia entered October 21, 1974,
as amended, in Nixon v. Sampson, et al., is to be alarmed
and access is to be granted only on my express written
authorization.
With respect to the remainder of the suite, this space is being
temporarily assigned by the Staff Secretary to Mr. Don Ogilvie,
Associate Director of OMB. He will provide in the customary
manner a list of the persons authorized to enter the remainder
of the suite. This portion of the suite is to be separately
alarmed. It is not necessary for this office to grant permission
in the future for access to this portion of the suite.
If you have any questions in this regard, please contact Barry
Roth of my staff.
FORD & LIBRARY
THE WHITE HOUSE
nutor
WASHINGTON
Papers
November 19, 1975
Re: The Reporters Committee for Freedom
of the Press, et al. V. American
Telephone and Telegraph Company, et
al., D.D.C., C.A. No. 74-1889.
Dear Mr. Keuch:
In response to your letter concerning a discovery demand by
the plaintiffs in the above-captioned action, I sought the
consent of Mr. Herbert J. Miller, Jr., counsel for Mr. Nixon,
in accordance with the Order of the United States District
Court for the District of Columbia, entered October 21, 1974,
as amended in Nixon V. Sampson, et al., C.A. No. 74-1518.
Mr. Miller's response withholding his consent is enclosed.
On the basis of his position, it is my understanding that I am
prohibited by the Order from searching through the "Presidential
materials of the Nixon Administration" for the purpose of
complying with this discovery demand.
Please contact Mr. Barry Roth of my staff if you wish this
office to undertake any additional actions in this matter.
Sincerely,
Philip W. Buchen
Counsel to the President
Mr. Robert L. Keuch
Criminal Division
Department of Justice
Washington, D. C. 20530
CC: Herbert J. Miller, Jr., Esq.
Irwin Goldbloom, Esq.
FORD is LIBRARY GERALD
LAW OFFICES
MILLER, CASSIDY, LARROCA & LEWIN
2555 M STREET. N.W. - SUITE 500
WASHINGTON. D.C. 20037
AREA CODE 202
TELEPHONE 293-6400
HERBERT J. MILLER. JR.
JOSEPH S. MCCARTH
JOHN JOSEPH CASSIDY
COURTNEY A. EVANS
RAYMOND G. LARROCA
ANDREW F. OEHMANI
NATHAN LEWIN
OF COUNSEL
MARTIN D. MINSKER
WILLIAM H. JEFFRESS. JR.
R. STAN MORTENSON
November 14, 1975
THOMAS B. CARR
Mr. Philip Buchen
Counsel to the President
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC 20500
Dear Mr. Buchen:
I have received your letter of November 10,
1975, in which you refer to the Department of Justice's
request requiring access to Mr. Nixon's presidential
materials for the purpose of responding to a discovery
demand in The Reporters Committee for Freedom of the Press,
et al V. American Telephone and Telegraph Company, et al,
(DDC, C.A. No. 74-1889). I do not believe that the
request for access constitutes a request "for purposes of
ongoing government business" as that term is used in the
outstanding restraining orders in Nixon V. Sampson, et al,
(DDC, C.A. No. 74-1518). Consequently, I am unable to
consent to the request which would necessarily entail a
government employees' review of my client's presidential
materials.
Sincerely,
HJM/tc
FORD & LIBRARY GERALD
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
Clayton Fritchey
THE WASHINGTON POST, SATURDAY, APRIL 10 1976
Why Can't the Public Hear the Tapes?
With Watergate, Richard Nixon, and
the notorious White House tapes back
In his opinion denying oral reproduc!
in the news again, it is a timely mo-
tion of the tapes, Judge Sirica specu
ment to ask why the crucial recorded
lated about "mass merchandizing tech-
evidence can be seen by the public
niques designed to generate excites,
but still not heard by it. It, makes no
ment in an air of ridicule to stimulars
sense.
sales" and about "untold varieties,
For this peculiar, puzzling situation,
inappropriate and scandalous uses."
we can thank Judge John Sirica, the
Sound recordings, says Califano, are
celebrated jurist who presided over.
no more subject to abuse than the ver-
the major Wategate trials and who.
batim transcripts, which have long
A2
Tuesday, May 4, 1976
R
THE WASHINGTON POST
Saudi's Role
In '73 Mideast
War Disclosed
By Laurence Stern
Washinston Post Staff Writer
Saudi Arabian arms agent
Adnan Khashoggi acted as
an intermediary in contacts
between President Nixon
and King Faisal during the
Mideast war in October,
1973, according to docu-
ments made available to
The Washington Post.
Khashoggi, a central fig-
ure in the U.S. arms pay off
scandals, transmitted a mes-
sage from Faisal to Nixon
during the war and a reply
from Nixon on Oct. 29, 1973
-four days after the hostili-
ties ended, the documents
showed.
Faisal called upon the
President to stop the
netron
papers
THE WHITE HOUSE
washington
Barry:
Can we provide
this access ?
If so, please take
care of the steps
required. P.
FORD is LIBRARY
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
JUN 9 1976
MEMORANDUM FOR PHILIP BUCHEN
FROM:
JAMES T LYNN
SUBJECT: Ash Council Documents on Energy Organization
I am requesting your approval for access by members of the
staff of OMB to certain documents of the Nixon Administra-
tion which are under the custody of the Administrator of GSA.
The Office of Management and Budget and the Energy Resources
Council have commenced a thorough study of the organization
of energy and related functions within the Executive Branch.
Since there have been several similar efforts undertaken
during past Administrations, the Task Force wishes to review
materials related to such studies. The most recent major
study was undertaken by the President's Advisory Council on
Executive Organization -- the Ash Council -- which was
established by President Nixon.
We have identified a limited number of documents which are
necessary if a comprehensive review of the recommendations
of the Ash Council is to be performed. We understand that
these materials are currently under the custody of the
Administrator of GSA but would be available for inspection
and reproduction, when needed for current business, with
your approval and after notice to Mr. Nixon. Therefore, I
am requesting your approval for access to these materials
by the Task Force for the OMB/ERC study.
If you or your staff have any questions related to the
study or this request, William Dinsmore (395-3716) is
chairman of the Task Force and would be able to supply
additional information as needed.
ALREAD FORD LIBRAS
406
THE WHITE HOUSE
WASHINGTON
October 6, 1976
MEMORANDUM FOR:
BARRY ROTH
FROM:
PHIL BUCHEN T.
In response to your memorandum of September 30
regarding the request of Pete Peterson, Chairman
Designate, Quadrennial Commission, to Jim Rhodes
with a copy to Jim Lynn, I called Pete Peterson
on Friday, October 1.
I indicated to him that we could provide no
material to him from the Nixon material and that
in connection with the Ford Administration, it
would be inappropriate to provide any information
falling in category III of the names of persons
he wants.
However, Pete would still like the names and
addresses of persons under the Ford Administration
who have accepted appointment and remain and those
who have accepted appointment but have since left.
Please see what you can do about providing such a
list from the Personnel Office to Pete Peterson
as promptly as possible.
10/8
Phil -
Personnel has now provided these
names to Peterson.
Buy
FORD i LIBRARY QERALD
THE WHITE HOUSE
WASHINGTON
September 30, 1976
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
BARRY ROTH
BR
Referencing our conversation of yesterday afternoon,
attached is the letter from Pete Peterson requesting
access to certain information from the Nixon personnel
records. As I indicated to you, Stan Mortenson would
oppose any attempt to honor this request on the basis
of ongoing Governmental business. If you still wish
to call Pete Peterson to explain this, he can be
reached at (212) 269-3700.
It appears that James Lynn may be involved with pro-
viding such records from this Administration. If you
have concerns on the confidentiality of our materials,
you may also wish to call either Lynn and/or Bennett.
FORD is LIBRARY QERALD
THE WHITE HOUSE
WASHINGTON
October 22, 1976
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
BARRY ROTH
BIL
SUBJECT:
Regulations Governing Access
to the Nixon Papers
A. Access Under the District Court's Order (At Tab A),
January 7, 1976
At the present time, the Order of the United States
District Court for the District of Columbia, entered Jan-
uary 7, 1976, in Nixon V. Administrator, et al., C.A. No.
74-1852, permits access to the Nixon tapes only under the
following circumstances:
1. Pursuant to any subpoena or other lawful process,
but subject to any rights, defenses, or privileges
which the Federal government or any person may
invoke.
2. For current business of the Executive Branch of
the Federal government, pursuant to a request
approved by both the head of the department or
agency and Philip W. Buchen, but with ten days
prior notice to Mr. Nixon in order to raise any
defenses, rights, or privileges that might bar
such access; or
3. By Mr. Nixon or his designated agent for what-
ever purpose he wishes.
B. Access Upon Summary Affirmance by the Supreme Court
In the event that the Supreme Court simply affirms the
decision of the District Court, regulations promulgated by
GSA at 41 CFR Part 105-63 (at Tab B) would immediately be
fully effective. These regulations concern preservation
and protection of the Nixon materials, and permit access
to the materials under the following circumstances:
FORD
1. By any Federal agency or department in the Execu-
tive Branch for lawful Governmental use; priority
access is given to the Special Prosecutor.
LIBRAR
-2-
2. For use in any judicial proceeding via subpoena
or other lawful process, subject to any rights,
defenses or privileges which the Federal govern-
ment or any person may invoke.
3. By Mr. Nixon or his designated agent for whatever
purpose he wishes.
C. Public Access Regulations
In the event the Supreme Court simply affirms the
District Court's decision, it is far from clear whether
GSA could begin to process the Nixon historical materials
for public access. GSA withdrew regulations from the
Congress following the District Court's opinion and 90
legislative days had not passed when the 94th Congress
adjourned sine die. However, the Congress asserted that
the Administrator lacked the authority to withdraw the
regulations, and by one-house veto it disapproved six
provisions of the withdrawn version of the regulations.
Assuming that GSA can proceed under its proposed regula-
tions, the following procedures apply to public access to
the Nixon historical materials:
1. For 30 days following the effective date of the
regulations (90 legislative days) or the vaca-
tion of court orders preventing their implemen-
tation, whichever is later, GSA will refrain
from archival processing of any of the materials
to permit any person to take such action as he
deems appropriate to protect his legal rights.
2. At the end of this 30-day period, GSA will com-
mence initial archival processing of the materials,
with priority given to those relating to abuses of
governmental powers.
3. GSA will open for public access each integral file
segment upon completion of processing of that seg-
ment. However, at least 30 days prior to the
opening of any such segment, GSA must publish
notice in the Federal Register of the proposed
opening, reasonably identifying the materials to
be opened, in order to allow any interested per-
son an opportunity to file a claim or petition
asserting a legal or constitutional right to limit
public access to any of the materials in that
segment.
FORD is LIBRARY OFRALD
Tab A
LIBRARY
FORD
QERALD
104
Congress itself has retained a role. But sensitivity to
constitutional protections cannot end with the adoption
of the Act itself. It must permeate, in both regulation
and practice, the effectuation of the Act as well.
Although we hold that the facial constitutionality of
the Act requires dismissal of the complaint, we think it
appropriate, pending the final disposition of any appeal
plaintiff may deem it advisable to take, to enjoin any
processing or disclosure of the materials in question ex-
cept for the very limited purposes hereinafter appearing.
ORDER
In accordance with the foregoing opinion, it is this
7th day of January, 1976,
ORDERED that the preliminary and permanent in-
junctive relief prayed for by plaintiff is denied and the
complaint dismissed as without merit; and, pending the
final disposition of any appeal from this decision, it is
FURTHER ORDERED that the defendants, their su-
periors, agents, and assigns are hereby enjoined from
processing, disclosing, inspecting, transferring, or other-
wise disposing of any materials, be they documents,
papers, tape recordings or other items, which might fall
within the coverage of sections 101 (a), (b) of the Presi-
dential Recordings and Materials Preservation Act and
which are now or may in the future be in their custody,
except as is specifically provided hereinafter; and it is
FURTHER ORDERED that this injunction shall not
bar production of materials pursuant to any subpoena or
other lawful process in accordance with the procedures
established in 41 C.F.R. § § 105-63.201 to .207, .303; and
it is
FORD & 03RALD LIBRARY
105
FURTHER ORDERED that Mr. Nixon or his desig-
nated agent shall at all times have access to the materials
in accordance with 41 C.F.R. §§ 105-63.201 to .207, .301,
and shall have the right to obtain photographic repro-
ductions of any documentary material; and it is
FURTHER ORDERED that only the defendants or
their agents shall undertake to reproduce any materials,
and shall not permit any other person to do so; and it is
FURTHER ORDERED that the injunction shall not
bar inspection and photographic reproduction of docu-
mentary material when needed for current business of
the executive branch of the federal government, pursuant
to a request that has been approved by both the head of
the agency or department of the executive branch seek-
ing access and by defendant Philip W. Buchen or his
successor, although plaintiff shall receive notice of any
access requested ten days prior to the grant thereof in
order to be able to raise in court any defenses, rights,
or privileges that might bar such access, and if such
opposition is presented, defendants shall not permit ac-
cess until the issue has been resolved in court, and any
such access grånted shall be in accordance with the pro-
cedures of 41 C.F.R. §§ 105-63.201 to .207; and it is
RAED
Tab B
LIBRARY
FORD
i
BERALD
§ 105-62.203
Title 41-Public Contracts, Property Management
The Archivist shall promptly notify the
Subpart 105-63.2-Preservation and Protection
requester of such determination and of
105-63.201
Responsibility.
his right to appeal the denial to the In-
105-63.202
Security.
teragency Classification Review Commit-
105-63.203
Security areas.
tee.
105-63.204
Work areas.
(e) Classification review requests. A
105-63.205
Archival processing.
request for classification review must de-
105-63.206
Access procedures.
scribe the document with sufficient par-
105-63.207
Extraordinary authority during
ticularity to enable the agency to iden-
emergencies.
tify it and obtain it with a reasonable
Subpart 105-63.3-Access to Materials by For-
amount of effort. Whenever a request is
mer President Nixon, Federal Agencies, and
deficient in its description of the record
for Use in Any Judicial Proceeding
sought, the requester should be asked
105-63.301
Access by former President
Nixon.
to provide additional identifying in-
105-63.302
Access by Federal agencies.
formation whenever possible. Before de-
105-63.302-1
Access by the Special Prosecu-
nying a request on the ground that it
tor.
is unduly burdensome, the requester
105-63.303
Access for use in judicial pro-
should be asked to limit his request to
ceedings.
records that are reasonably obtainable.
Subport 105-63.4-Access by the Public
If nonetheless the requester does not
[Reserved]
describe the records sought with suffi-
AUTHORITY: Sec. 205(c), 63 Stat. 390 (40
cient particularity, or the record. re-
U.S.C. 186(c)).
quested cannot be obtained with a rea-
SOURCE: 40 FR 2670, Jan. 14, 1975, unless
sonable amount of effort, the requester
otherwise noted.
shall be notified of the reasons why no
action will be taken and of his right to
EFFECTIVE DATE: This Part 105-63 is effec-
appeal such decision.
tive upon the vacation of Federal court
orders preventing the implementation of
§ 105-62.203 Declassification Presi-
Title I of the Presidential Recordings and
dential papers.
Materials Preservation Act.
The Archivist of the United States has
§ 105-63.000 Scope of part.
the authority to review and declassify in-
This part sets forth policies and pro-
formation and material which has been
cedures concerning the preservation and
classified by a President, his White House
protection of and access to the tape re-
staff, or special committee or commission
cordings, papers, documents, memoran-
appointed by him and which the Archi-
dums, transcripts, and other objects and
vist has in his custody at any archival
materials which constitute the Presiden-
depository, including a Presidential li-
tial historical materials of Richard M.
brary. Such declassification shall only
Nixon, covering the period beginning
be undertaken in accord with: (a) The
January 20, 1969, and ending August 9,
terms of the donor's deed of gift, (b) con-
1974.
sultations with the agencies having a pri-
Subpart 105-63.1-General Provisions
mary subject-matter interest, and (c)
$ 105-63.101 Purpose.
the provisions of I 105-62.201.
This Part 105-63 implements the pro-
PART 105-63-PRESERVATION AND PRO-
visions of Title I of the Presidential Re-
TECTION OF AND ACCESS TO THE
cordings and Materials Preservation Act
PRESIDENTIAL HISTORICAL MATE-
(Public Law 93-526; 88 Stat.). It pre-
RIALS OF THE NIXON ADMINISTRA-
scribes policies and procedures by which
TION
the General Services Administration will
Sec.
preserve, protect, and provide access to
105-63.000 Scope of part.
the Presidential historical materials of
the Nixon Administration
Subpart 105-63.1-General Provisions
105-63.101
Purpose.
& 105-63.102 Application.
105-63.102
Application.
105-63.108
Legal custody.
This Part 105-63 applies to all of the
105-63.104
Definitions. [Reserved]
Presidential historical materials of the
106-63.105
Requests or demands for
Nixon Administration in the custody of
the Administrator of General Services
FORD
578
LIBRARY
Chapter 105-General Services Administration
§ 105-62.206
pursuant to the provisions of Title I of
tions will be placed in such locations as
the Presidential Recordings and Mate-
are required by current fire and/or na-
rials Preservation Act (Public Law 93-
tional security regulations and with the
526; 88 Stat. 1695).
GSA Security Division (BIS), Office of
§ 105-63.103 Legal custody.
Administration, in sealed envelopes with
instructions that the envelopes may be
The Administrator of General Services
opened only in instances in which the
has exclusive legal custody and control
Presidential historical materials or their
of all Presidential historical materials
environs are subject to damage or loss.
of the Nixon Administration held pursu-
All such emergency use shall be reported
ant to the provisions of the Presidential
to the Administrator of General Services
Recordings and Materials Preservation
or his designated agent as soon as
Act (Public Law 93-526; 88 Stat. 1695).
possible.
§ 105-63.104. Definitions. [Reserved]
§ 105-63.203 Security areas.
§ 105-63.105 Requests or demands for
All Presidential historical materials
access.
currently stored in areas secured by Ex-
Except as provided in $ 105-63.302-1,
ecutive Protection Service controlled
each agency which receives a request or
alarm systems shall continue to be stored
legal demand for access to Presidential
in these or equally secure areas unless
historical materials of the Nixon Admin-
they are specifically exempted in writing
istration shall immediately forward the
from such security by the Administrator
request or demand to the Administrator
of General Services or his designated
of General Services.
agent.
Subpart 105-63.2-Preservation and
§ 105-63.204 Work areas.
Protection
The Administrator of General Serv-
§ 105-63.201 Responsibility.
ices or his designated agent will provide
appropriate locations within the Metro-
The Administrator of General Services
politan Area of the District of Columbia
or his designated agent is responsible for
as work areas to be used for the pur-
the preservation and protection of the
pose of inventorying, indexing, review-
Presidential historical materials. He may
ing, and/or, copying Presidential his-
arrange with other Federal agencies, act-
torical materials in accordance with ap-
ing pursuant to appropriate Federal au-
propriate authorizations. When such
thority, for assistance in their preser-
work areas are in use, security shall
vation and protection.
be equivalent to that in effect in the
storage area from which the Presiden-
cree 105-63.202 Security.
tial historical materials are removed
The Administrator of General Services
unless the Administrator of General
or his designated agent will control ac-
Services or his designated agent waives
cess to all areas designated as security
such equivalent security in writing.
areas. That control will include:
§ 105-63.205 Archival processing.
(a) Physical possession of all keys that
control access to the security areas (A
When authorized by the Administra-
copy of each key will be deposited in loca-
tor of General Services or his designated
tions designated by current fire and/or
agent, archivists may enter the security
national security regulations with in-
and work areas for the purposes of per-
structions that these keys may be used
forming necessary archival processes on
only in instances in which the Presiden-
the Presidential historical materials.
tial historical materials or their environs
Access for archival processing shall fol-
are subject to damage or loss. All such
low the procedures of paragraphs (a),
emergency use shall be reported to the
(b), (c) (g) (h), and (i) of § 105-
Administrator of General Services or his
63.206.
designated agent as soon as possible.)
§ 105-63.206 Access procedures.
and
(s) The Administrator of General
(b) Exclusive knowledge of all lock
Services or his designated agent will re-
combinations that control access to the
ceive and/or prepare appropriate docu-
security areas. Copies of the combina-
mentary authorization before each ac--
579
§ 105-62.207
Title 41-Public Contracts, Property Management
cess authorized under under this Part
(h) If any of the materials now lo-
105-63.
cated in security areas requiring the
(b) The Administrator of General
presence of U.S. Secret Service during
Services or his designated agent shall
access are moved to other locations, ac-
determine that each access is thoroughly
cess to such new locations shall also re-
documented. Each documentation shall
quire the presence of security agents as
include:
provided in paragraph (g) of this sec-
(1) Reasons for the access;
tion, unless their presence is specifically
(2) Time of the access;
exempted in writing by the Administra-
(3) Individuals involved in the access,
tor of General Services of his designated
including each individual's degree of se-
agent.
curity clearance;
(i) Whenever possible, a copy, which
(4) Record of all activities during the
shall be certified upon request, instead
access;
of the original documentary Presiden-
(5) Record of all Presidential histori-
tial historical material shall be provided
cal materials removed, if any; and
to comply with a subpoena or other law-
(6) Time of the completion of the
ful process or request. Whenever the
access.
original documentary material is re-
(c) The Administrator of General
moved, a certified copy of the material
Services or his designated agent will de-
shall be inserted in the proper file until
termine that each individual having ac-
the return of the original.
cess to the Presidential historical mate-
§ 105-63.207 Extraordinary authority
rials has a security clearance equivalent
during emergencies.
to the highest degree of national secu-
In the event of an emergency that
rity classification that may be applicable
threatens the physical preservation of
to any of the materials examined.
the Presidential historical materials or
(d) Prior to each access which may
their environs, the Administrator of Gen-
result in the examination of Presidential
eral Services or his designated agent will
historical materials that relate to mat-
take such steps as may be necessary, in-
ters of national security, the Admin-
istrator of General Services or his des-
cluding removal of the materials to tem-
ignated agent shall notify the Counsel to
porary locations outside the Metropolitan
the President who shall be given the op-
Area of the District of Columbia, to pre-
portunity to examine these materials
serve and protect the materials.
and raise any objections, defenses, or
privileges to prevent or limit the pro-
Subpart 105-63.3-Access to Materials
by Former President Nixon, Federal
posed access.
(8) The Administrator of General
Agencies, and for Use in Any Judicial
Services or his designated agent will
Proceeding
provide former President Nixon or his
§ 105-63.301 Access by former Presi-
designated attorney or agent prior no-
dent Nixon.
tice of, and allow him to be present
In accordance with the provisions of
during, each authorized access.
Subpart 105-53.2, former President
(f) Each access to the security areas
Richard M. Nixon or his designated agent
shall occur only in the presence of the
shall at all times have access to the
Administrator of General Services or his
Presidential historical materials in the
designated agent. At least two persons
custody and control of the Administrator
shall be present at all times that the
of General Services.
security areas are occupied.
§ 105-63.302 Access by Federal agen-
(g) All security areas which currently
cies.
require the presence of the U.S. Secret
In accordance with the provisions of
Service during access and such other se-
Subpart 105-63.2 any Federal agency or
curity areas as are designated by the
department in the executive branch shall
Administrator of General Services or his
at all times have access for lawful For-
designated agent shall continue to re-
ernment use to the Presidential historical
quire the presence of one or more rep-
materials in the custody and control of
resentatives of the U.S. Secret Service or
the Administrator of General Services.
such other Federal security agency as is
§ 105-63.302-1 Access by the Special
designated by the Administrator of
Prosecutor.
General Services or his designated
Pursuant to § 105-63.302, the Special
agent.
Prosecutor or his designated agent shall
580.
FORD a LIBRAR 076830
Chapter 105-General Services Administration
§ 105-62.303
at all times have priority access to the
cording to the above procedures may be
Presidential historical materials relevant
listened to.
and important to ongoing criminal in-
2. The Special Prosecutor shall be allowed
vestigations and prosecutions within his
to make copies of only those tapes of con-
versations and documents that he deter-
jurisdiction in accordance with the agree-
mines are relevant to criminal investigations
ment of November 9, 1974, among the
or prosecutions within his jurisdiction. Prior
Special Prosecutor, the Counsel to the
to the Special Prosecutor receiving such
President, the Director of the Secret
copies, Counsel to the President may review
Service, and the Administrator General
the copies to determine whether they may
Services. The Administrator of General
not be disclosed for reasons of national secur-
Services shall provide access pursuant to
ity. The originals of any tapes and docu-
this subsection after the Counsel to the
ments, copies of which are provided to the
Special Prosecutor, shall be retained and, if
President has determined that the access
necessary for a criminal proceeding, will be
is in accordance with the agreement of
given to the Special Prosecutor for such
November 9, 1974, and has transmitted
proceeding in exchange for the copies.
the Special Prosecutor's request for ac-
3. Richard M. Nixon or his attorney or des-
cess to the Administrator of General
ignated agent shall be given notice of, and
Services for his determination that the
may be present during, searches pursuant to
access is authorized under this part. The
this Agreement. Also, Mr. Nixon or his at-
torney or designated agent, shall be afforded
agreement reads as follows:
access to and/or copies of those tapes of con-
Whereas, Gerald R. Ford, President of the
versation and documents for which the Spe-
United States, has determined and informed
cial Prosecutor is allowed copies. The Coun-
his Counsel that the due administration of
sel to the President also may designate indi-
justice and the public interest require that
viduals to be present during these searches.
the Special Prosecutor have prompt and ef-
4. No Presidential materials shall be re-
fective use of those Presidential materials of
moved to locations in Washington, D.C. other
the Nixon Administration now located in the
than the White House complex without the
White House complex that are relevant and
approval of the Special Prosecutor and no
important to ongoing criminal investigations
portions of such materials shall be removed
and prosecutions within the Special Prose-
to locations outside of the District of Colum-
cutor's jurisdiction; and
bia without an indication. from the Special
Whereas, this Agreement, if implemented,
Prosecutor that he has no further need for
would accommodate the needs of the Special
such portions, except upon court order
Prosecutor with respect to such materials;
5. The parties to this Agreement shall
Now, therefore, the undersigned
move jointly to modify, if necessary, the tem-
agreed as follows:
porary restraining order as now outstanding
1. Upon letters from the Special Prosecutor
in Civil Action No. 74-1518 and in consoli-
to Counsel to the President specifying those
dated cases in the United States District
materials that he has reason to believe are
Court for the District of Columbia to permit
relevant to specified criminal investigations
implementation of this Agreement.
or prosecutions within the Special Prosecu-
tor's jurisdiction and explaining why access
Philip W. Buchen,
to such materials is important to a full and
Counsel to the President.
fair resolution of those investigations and
Arthur F. Sampson
prosecutions. the Special Prosecutor or his
Administrator of General Services.
designees shall be afforded access to the mate-
H. Stuart Knight,
rials under the following procedures:
Director, U.S. Secret Service.
a. Documents. L Where files are organized
Henry S. Ruth, Jr.,
by subject matter, only those files may be
Special Prosecutor,
Watergate Special Prosecution Force
examined which, because of their titles, may
contain documents relevant to these specified
§ 105-63.303 Access for use in judicial-
investigations and prosecutions.
proceedings.
2. Where files are organized chronologically,:
only that portion of the file covering the time
In accordance with the provisions of
period relevant to the request may be
Subpart 105-63.2, and subject to any
examined.
rights, defenses, or privileges which the
3. Where no ehronological or subject
is on & file, the file-may be examined to
Federal Government or any person may
determine whether the file contains relevant.
invoke, the Presidential historical ma-
materials. still
terials in the custody and control of the
4. In order to assist in these searches, the
Administrator of General Services will
of members of the arohival staff assigned to:
be made available for use in any judicial
Special Prosecutor may request the assistance
the White House in making a list of file titles
proceeding, and are subject to subpoena
OF other index.
201
or other lawful process. Requests by the
Tape Recordings: Only. the tape record-
Special Prosecutor for access to the Present
Ings of conversations specified by letters ac-
idential historical materials, whether by
581
Part 105-735
Title 41-Public Contracts, Property Management
court subpoena or other lawful process,
Sec.
105-735.210
Place of business.
including access pursuant to I 105-
105-735.211
Intermediaries.
63.302-1 shall at all times have priority
105-735.212
Lending or borrowing money.
over any other request for the materials.
105-735.213
Political activity.
Subpart 105-63.4-Access by the Public
105-735.214
Reporting irregularities.
105-735.215
Purchase of Government
[Reserved]
property.
105-735.216
Purchase of real estate.
PART 105-65-NATIONAL HISTORICAL
105-735.217
Use of intoxicants.
PUBLICATIONS COMMISSION [RE-
105-735.218
Use of Government vehicles.
SERVED]
105-735.219
Use of long-distance tele-
phone.
PART 105-66--NATIONAL ARCHIVES
105-735.220
False statements.
105-735.221
Care of official records and
TRUST FUND BOARD [RESERVED]
documents.
PART 105-735--STANDARDS OF
Subport 105-735.3-Standards of Conduct for
CONDUCT
Special Government Employees
Sec.
Subpart 106-735.1-Goneral
105-735.301
General.
Sec.
105-735.302
Use of Government employ-
105-735.101
Purpose.
ment.
105-735.102
Definitions.
105-735.303
Use of inside information.
105-735.103
Responsibilities.
105-735.304
Coercion.
105-735.103-1
Heads of Services and Staff
105-735.305
Gifts, entertainment, and
Offices and Regional Ad-
favors.
ministrators.
105-735.306
Political activity.
105-735.103-2
Supervisors.
Subport 105-735.4-Statements of Employment
105-735.103-3
Personnel Division.
and Financial Interests
105-735.103-4
Employees and special Gov-
ernment employees.
105-735.401
General.
100-785.106
Interpretation and advisory
105-735.402
Criteria for selection of posi-
service.
tions subject to filing re-
105-735.105 Periodic reminders to em-
quirement.
ployees.
105-735.403
Identification of positions
105-735.106 Disciplinary or other remedial
and incumbents.
action.
105-735.404
Supplementary statements.
105-735.107
Approval and publication of
105-735.405
Interests of relatives.
regulations.
105-735.406
Information not known by
employee.
Subport 105-735.2-Standards of Conduct for
105-735.407
Information prohibited.
Employees
105-735.408
Confidentiality of statements.
106-735.201
General conduct on the job.
105-735.409
Effect of statements on other
105-785.202
Gifts, entertainment, and
requirements.
favors.
105-735.410
Responsibility for review of
105-735.202-1
Gifts from outside sources.
employment and financial
105-785.202-2
Gifts to superiors.
interests statements.
105-785.411
105-735.202-3 Gifts from foreign govern-
Procedure in obtaining state-
ments.
ments.
105-735.412
105-735.208
Outside employment.
Resolving conflicts of interest.
105-735.413
Employee complaint against
105-785.203-1
Incompatible activities.
106-785.203-2
Source of salary for Govern-
filing requirement.
ment service.
Subport 105-735.5-Other Siatutes OR Conduct
108-785.208-3
Teaching, lecturing, and writ-
105-735.501
General.
ing.
105-735.502
Code of Ethics for Govern-
105-735.203-4
[Reserved]
ment Service (H. Con. Res.
105-735.203-5
Some acceptable activities.
175, 85th Cong., 2d Seas., 72
106-735.203-6
Prior approval of outside
3tat. B12).
ployment.
105-785.503
Bribery of public officials and
105-735.203-7 Prior approval while
witnesses (18 U.S.C. 201).
leave.
105-785.506
Compensation in matters ar-
105-735.204
Financial interests.
feeting the Government (18
106-735.205
Use of Government property.
U.S.C. 208).
105-735.206
Misuse of information
105-735.505 Activities in claims against
106-735.207
Indebtedness.
the Government (18 U.S.C.
105-735.208
Gambling, betting,
and
205)
teries.
105-785.506
Disqualification of former
105-735.209
Prejudicial conduct.
employees (18 U.S.C. 207).
582
LIBRARY GERALD FORD
THE WHITE HOUSE
WASHINGTON
October 22, 1976
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
BARRY ROTH
SUBJECT:
Regulations Governing Access
to the Nixon Papers
A. Access Under the District Court's Order (At Tab A),
January 7, 1976
At the present time, the Order of the United States
District Court for the District of Columbia, entered Jan-
uary 7, 1976, in Nixon V. Administrator, et al., C.A. No.
74-1852, permits access to the Nixon tapes only under the
following circumstances:
1. Pursuant to any subpoena or other lawful process,
but subject to any rights, defenses, or privileges
which the Federal government or any person may
invoke.
2. For current business of the Executive Branch of
the Federal government, pursuant to a request
approved by both the head of the department or
agency and Philip W. Buchen, but with ten days
prior notice to Mr. Nixon in order to raise any
defenses, rights, or privileges that might bar
such access; or
3. By Mr. Nixon or his designated agent for what-
ever purpose he wishes.
B. Access Upon Summary Affirmance by the Supreme Court
In the event that the Supreme Court simply affirms the
decision of the District Court, regulations promulgated by
GSA at 41 CFR Part 105-63 (at Tab B) would immediately be
fully effective. These regulations concern preservation
and protection of the Nixon materials, and permit access
to the materials under the following circumstances:
1. By any Federal agency or department in the Execu-
tive Branch for lawful Governmental use; priority
FORD
access is given to the Special Prosecutor.
078838
-2-
2. For use in any judicial proceeding via subpoena
or other lawful process, subject to any rights,
defenses or privileges which the Federal govern-
ment or any person may invoke.
3. By Mr. Nixon or his designated agent for whatever
purpose he wishes.
C. Public Access Regulations
In the event the Supreme Court simply affirms the
District Court's decision, it is far from clear whether
GSA could begin to process the Nixon historical materials
for public access. GSA withdrew regulations from the
Congress following the District Court's opinion and 90
legislative days had not passed when the 94th Congress
adjourned sine die. However, the Congress asserted that
the Administrator lacked the authority to withdraw the
regulations, and by one-house veto it disapproved six
provisions of the withdrawn version of the regulations.
Assuming that GSA can proceed under its proposed regula-
tions, the following procedures apply to public access to
the Nixon historical materials:
1. For 30 days following the effective date of the
regulations (90 legislative days) or the vaca-
tion of court orders preventing their implemen-
tation, whichever is later, GSA will refrain
from archival processing of any of the materials
to permit any person to take such action as he
deems appropriate to protect his legal rights.
2. At the end of this 30-day period, GSA will com-
mence initial archival processing of the materials,
with priority given to those relating to abuses of
governmental powers.
3. GSA will open for public access each integral file
segment upon completion of processing of that seg-
ment. However, at least 30 days prior to the
opening of any such segment, GSA must publish
notice in the Federal Register of the proposed
opening, reasonably identifying the materials to
be opened, in order to allow any interested per-
son an opportunity to file a claim or petition
asserting a legal or constitutional right to limit
public access to any of the materials in that
segment.
1.1.
BERAL
104
Congress itself has retained a role. But sensitivity to
constitutional protections cannot end with the adoption
of the Act itself. It must permeate, in both regulation
and practice, the effectuation of the Act as well
Although we hold that the facial constitutionality of
the Act requires dismissal of the complaint, we think it
appropriate, pending the final disposition of any appeal
plaintiff may deem it advisable to take, to enjoin any
processing or disclosure of the materials in question ex-
cept for the very limited purposes hereinafter appearing.
ORDER
In accordance with the foregoing opinion, it is this
7th day of January, 1976,
ORDERED that the preliminary and permanent in-
junctive relief prayed for by plaintiff is denied and the
complaint dismissed as without merit; and, pending the
final disposition of any appeal from this decision, it is
FURTHER ORDERED that the defendants, their su-
periors, agents, and assigns are hereby enjoined from
processing, disclosing, inspecting, transferring, or other-
wise disposing of any materials, be they documents,
papers, tape recordings or other items, which might fall
within the coverage of sections 101 (a), (b) of the Presi-
dential Recordings and Materials Preservation Act and
which are now or may in the future be in their custody,
except as is specifically provided hereinafter; and it is
FURTHER ORDERED that this injunction shall not
bar production of materials pursuant to any subpoena or
other lawful process in accordance with the procedures
established in 41 C.F.R. §§ 105-63.201 to .207, .303; and
it is
EDRD
105
FURTHER ORDERED that Mr. Nixon or his desig-
nated agent shall at all times have access to the materials
in accordance with 41 C.F.R. §§ 105-63.201 to .207, .301,
and shall have the right to obtain photographic repro-
ductions of any documentary material; and it is
FURTHER ORDERED that only the defendants or
their agents shall undertake to reproduce any materials,
and shall not permit any other person to do so; and it is
FURTHER ORDERED that the injunction shall not
bar inspection and photographic reproduction of dočn-
mentary material when needed for current business of
the executive branch of the federal government, pursuant
to a request that has been approved by both the head of
the agency or department of the executive branch seek-
ing access and by defendant Philip W. Buchen or his
successor, although plaintiff shall receive notice of any
access requested ten days prior to the grant thereof in
order to be able to raise in court any defenses, rights,
or privileges that might bar such access, and if such
opposition is presented, defendants shall not permit ac-
cess until the issue has been resolved in court, and any
such access grånted shall be in accordance with the pro-
cedures of 41 C.F.R. §§ 105-63.201 to .207; and it is
§ 105-62.203
Title 41-Public Contracts, Property Management
The Archivist shall promptly notify the
Subpart 105-63.2-Preservation and Protection
requester of such determination and of
105-63.201
Responsibility.
his right to appeal the denial to the In-
105-63.202
Security.
teragency Classification Review Commit-
105-63.203
Security areas.
tee.
105-63.204
Work areas.
(e) Classification review requests. A
105-63.205
Archival processing.
request for classification review must de-
105-63.206
Access procedures.
scribe the document with sufficient par-
105-63.207
Extraordinary authority during
ticularity to enable the agency to iden-
emergencies.
tify it and obtain it with a reasonable
Subpart 105-63.3-Access to Materials by For-
amount of effort. Whenever 8 request is
mer President Nixon, Federal Agencies, and
for Use in Any Judicial Proceeding
deficient in its description of the record
105-63.301
Access by former President
sought, the requester should be asked
Nixon.
to provide additional identifying in-
105-63.302
Access by Federal agencies.
formation whenever possible. Before de-
105-63.302-1
Access by the Special Prosecu-
nying a request on the ground that it
tor.
is unduly burdensome, the requester
105-63.303
Access for use in judicial pro-
should be asked to limit his request to
ceedings.
records that are reasonably obtainable.
Subpart 105-63.4-Access by the Public
If nonetheless the requester does not
[Reserved]
describe the records sought with suffi-
AUTHORITY: Sec. 205(c), 63 Stat. 390 (40
cient particularity, or the record re-
U.S.C. 486(c)).
quested cannot be obtained with a rea-
SOURCE: 40 FR 2670, Jan. 14, 1975, unless
sonable amount of effort, the requester
otherwise noted.
shall be notified of the reasons why no
action will be taken and of his right to
EFFECTIVE DATE: This Part 105-63 is effec-
tive upon the vacation of Federal court
appeal such decision.
02
orders preventing the implementation of
§ 105-62.203 Declassification of Presi-
Title I of the Presidential Recordings and
dential papers.
Materials Preservation Act.
The Archivist of the United States has
§ 105-63.000 Scope of part.
the authority to review and declassify in-
This part sets forth policies and pro-
formation and material which has been
cedures concerning the preservation and
classified by a President, his White House
protection of and access to the tape re-
staff, or special committee or commission
cordings, papers, documents, memoran-
appointed by him and which the Archi-
dums, transcripts, and other objects and
vist has in his custody at any archival
materials which constitute the Presiden-
depository, including a Presidential li-
tial historical materials of Richard M.
brary. Such declassification shall only
Nixon, covering the period beginning
be undertaken in accord with: (a) The
January 20, 1969, and ending August 9,
terms of the donor's deed of gift, (b) con-
1974.
sultations with the agencies having a pri-
Subpart 105-63.1-General Provisions
mary subject-matter interest, and (c)
§ 105-63.101 Purpose.
the provisions of $ 105-62.201.
This Part 105-63 implements the pro-
visions of Title I of the Presidential Re-
PART 105-63-PRESERVATION AND PRO-
TECTION OF AND ACCESS TO THE
cordings and Materials Preservation Act
PRESIDENTIAL HISTORICAL MATE-
(Public Law 93-526; 88 Stat.). It pre-
RIALS OF THE NIXON ADMINISTRA-
scribes policies and procedures by which
TION
the General Services Administration will
preserve, protect, and provide access to
Sec.
105-63.000
Scope
of
part.
cread
for
and
the Presidential historical materials of
the Nixon Administration.
Subpart 105-63.1-Generai Provisions
105-63.101
Purpose.
§ 105-63.102 Application.
105-63.102
Application.
This Part 105-63 applies to all of the
105-63.103
Legal custody.
Presidential historical materials of the
105-63.104
Definitions. [Reserved]
105-63.105 Requests or demands for
Nixon-Administration in the custody of
access.
the Administrator of General Services
Lagoried
soffic
CIDE
ilería
delige
and
578
GERALD FORD
Chapter 105-General Services Administration
§ 105-62.206
pursuant to the provisions of Title I of
tions will be placed in such locations as
the Presidential Recordings and Mate-
are required by current fire and/or na-
rials Preservation Act (Public Law 93-
tional security regulations and with the
526; 88 Stat. 1695).
GSA Security Division (BIS), Office of
§ 105-63.103 Legal custody.
Administration, in sealed envelopes with
instructions that the envelopes may be
The Administrator of General Services
opened only in instances in which the
has exclusive legal custody and control
Presidential historical materials or their
of all Presidential historical materials
environs are subject to damage or loss.
of the Nixon Administration held pursu-
All such emergency use shall be reported
ant to the provisions of the Presidential
to the Administrator of General Services
Recordings and Materials Preservation
or his designated agent as soon as
Act (Public Law 93-526; 88 Stat. 1695).
possible.
§ 105-63.104 Definitions. [Reserved]
§ 105-63.203 Security areas.
§ 105-63.105 Requests or demands for
All Presidential historical materials
access.
currently stored in areas secured by Ex-
Except as provided in § 105-63.302-1,
ecutive Protection Service controlled
each agency which receives a request or
alarm systems shall continue to be stored
legal demand for access to Presidential
in these or equally secure areas unless
historical materials of the Nixon Admin-
they are specifically exempted in writing
istration shall immediately forward the
from such security by the Administrator
request or demand to the Administrator
of General Services or his designated
of General Services.
agent.
Subpart 105-63.2-Preservation and
§ 105-63.204 Work areas.
Protection
The Administrator of General Serv-
§ 105-63.201 Responsibility.
ices or his designated agent will provide
appropriate locations within the Metro-
The Administrator of General Services
politan Area of the District of Columbia
or his designated agent is responsible for
as work areas to be used for the pur-
the preservation and protection of the
pose of inventorying, indexing, review-
Presidential historical materials. He may
ing, and/or, copying Presidential his-
arrange with other Federal agencies, act-
torical materials in accordance with ap-
ing pursuant to appropriate Federal au-
propriate authorizations. When such
thority, for assistance in their preser-
work areas are in use, security shall
vation and protection.
be equivalent to that in effect in the
s 105-63.202 Security.
storage area from which the Presiden-
tial historical materials are removed
The Administrator of General Services
unless the Administrator of General
or his designated agent will control ac-
Services or his designated agent waives
cess to all areas designated as security
such equivalent security in writing.
areas. That control will include:
§ 105-63.205 Archival processing.
(a) Physical possèssion of all keys that
control access to the security areas. (A
When authorized by the Administra-
copy of each key will be deposited in loca-
tor of General Services or his designated
tions designated by current fire and/or
agent, archivists may enter the security
national security regulations with in-
and work areas for the purposes of per-
structions that these keys may be used
forming necessary archival processes on
only in instances in which the Presiden-
the Presidential historical materials.
tial historical materials or their environs
Access for archival processing shall fol-
are subject to damage or loss. All such
low the procedures of paragraphs (a),
emergency use shall be reported to the
(b), (c), (g), (h), and (i) of § 105-
Administrator of General Services or his
63.206.
designated agent as soon as possible.):
§ 105-63.206 Access procedures.
and
(a) The Administrator of General
(b) Exclusive knowledge of all lock
Services or his designated agent will re-
combinations that control access to the
ceive and/or prepare appropriate docu-
security areas. Copies of the combina-
mentary authorization before each ac--
579
FORD
GERALD
§ 105-62.207
Title 41-Public Contracts, Property Management
cess authorized under under this Part
(h) If any of the materials now lo-
105-63.
cated in security areas requiring the
(b) The Administrator of General
presence of U.S. Secret Service during
Services or his designated agent shall
access are moved to other locations, ac-
determine that each access is thoroughly
cess to such new locations shall also re-
documented. Each documentation shall
quire the presence of security agents as
include:
provided in paragraph (g) of this sec-
(1) Reasons for the access;
tion, unless their presence is specifically
(2) Time of the access;
exempted in writing by the Administra-
(3) Individuals involved in the access,
tor of General Services of his designated
including each individual's degree of se-
agent.
curity clearance;
(i) Whenever possible, a copy, which
(4) Record of all activities during the
shall be certified upon request, instead
access;
of the original documentary Presiden-
(5) Record of all Presidential histori-
tial historical material shall be provided
cal materials removed, if any; and
to comply with a subpoena or other law-
(6) Time of the completion of the
ful process or request. Whenever the
access.
original documentary material is re-
(c) The Administrator of General
moved, a certified copy of the material
Services or his designated agent will de-
shall be inserted in the proper file until
termine that each individual having ac-
the return of the original.
cess to the Presidential historical mate-
§ 105-63.207 Extraordinary authority
rials has a security clearance equivalent
during emergencies.
to the highest degree of national secu-
In the event of an emergency that
rity classification that may be applicable
threatens the physical preservation of
to any of the materials examined.
the Presidential historical materials or
(d) Prior to each access which may
their environs, the Administrator of Gen-
result in the examination of Presidential
eral Services or his designated agent will
historical materials that relate to mat-
take such steps as may be necessary, in-
ters of national security, the Admin-
istrator of General Services or his des-
cluding removal of the materials to tem-
ignated agent shall notify the Counsel to
porary locations outside the Metropolitan
the President who shall be given the op-
Area of the District of Columbia, to pre-
portunity to examine these materials
serve and protect the materials.
and raise any objections, defenses, or
privileges to prevent or limit the pro-
Subpart 105-63.3-Access to Materials
by Former President Nixon, Federal
posed access.
Agencies, and for Use in Any Judicial
(e) The Administrator of General
Proceeding
Services or his designated agent will
provide former President Nixon or his
§ 105-63.301 Access by former Presi-
designated attorney or agent prior no-
dent Nixon.
tice of, and allow him to be present
In accordance with the provisions of
during, each authorized access.
Subpart 105-53.2, former President
(f) Each access to the security areas
Richard M. Nixon or his designated agent
shall occur only in the presence of the
shall at all times have access to the
Administrator of General Services or his
Presidential historical materials in the
designated agent. At least two persons
custody and control of the Administrator
shall be present at all times that the
of General Services.
security areas are occupied.
§ 105-63.302 Access by Federal agen-
(g)-All security areas which currently
cies.
require the presence of the U.S. Secret
In accordance with the provisions of
Service during access and such other se-
Subpart 105-63.2 any Federal agency or
curity areas as are designated by the
department in the executive branch shall
Administrator of General Services or his
at all times have access for lawful Gov-
designated agent shall continue to re-
ernment use to the Presidential historical
quire the presence of one or more rep-
materials in the custody and control of
resentatives of the U.S. Secret Service or
the Administrator of General Services.
such other Federal security agency as is
§ 105-63.302-1 Access by the Special
designated by the Administrator of
Prosecutor.
General Services or his designated
Pursuant to § 105-63.302, the Special
agent.
Prosecutor or his designated agent shall
580
FORDO in LIBRAR BERALD
Part 105-735
Title 41-Public Contracts, Property Management
court subpoena or other lawful process,
Sec.
105-735.210
Place of business.
including access pursuant to § 105-
105-735.211
Intermediaries.
63.302-1 shall at all times have priority
105-735.212
Lending or borrowing money.
over any other request for the materials.
105-735.213
Political activity.
Subpart 105-63.4-Access by the Public
105-735.214
Reporting irregularities.
[Reserved]
105-735.215
Purchase of Government
property.
105-735.216
Purchase of real estate.
PART 105-65-NATIONAL HISTORICAL
105-735.217
Use of intoxicants.
PUBLICATIONS COMMISSION [RE-
105-735.218
Use of Government vehicles.
SERVED]
105-735.219
Use of long-distance tele-
phone.
PART 105-66-NATIONAL ARCHIVES
105-735.220
False statements.
105-735.221
Care of official records and
TRUST FUND BOARD [RESERVED]
documents.
PART 105-735-STANDARDS OF
Subpart 105-735.3--Standards of Conduct for
CONDUCT
Special Government Employees
Sec.
Subport 105-735.1-General
105-735.301
General.
Sec.
105-735.302
Use of Government employ-
105-735.101
Purpose.
ment.
105-735.102
Definitions.
105-735.303
Use of inside information.
105-735.103
Responsibilities.
105-735.304
Coercion.
105-735.103-1
Heads of Services and Staff
105-735.305
Gifts, entertainment, and
Offices and Regional Ad-
favors.
ministrators.
105-735.306
Political activity.
105-735.103-2
Supervisors.
105-735.103-3
Personnel Division.
Subpart 105-735.4--Statements of Employment
and Financial Interests
105-735.103-4
Employees and special Gov-
ernment employees.
105-735.401
General.
105-735.104
Interpretation and advisory
105-735.402
Criteria for selection of posi-
service.
tions subject to filing re-
105-735.105
Periodic reminders to em-
quirement.
ployees.
105-735.403
Identification of positions
105-733.106
Disciplinary or other remedial
and incumbents.
action.
105-735.404
Supplementary statements.
105-735.107
Approval and publication of
105-735.405
Interests of relatives.
regulations.
105-735.408
Information not known by
employee.
Subport 105-735.2--Standards of Conduct for
105-735.407
Information prohibited.
Employees
105-735.408
Confidentiality of statements.
105-735.201
General conduct on the job.
105-735.409
Effect of statements on other
105-735.202
Gifts, entertainment, and
requirements.
favors.
105-735.410
Responsibility for review of
105-735.202-1
Gifts from outside sources.
employment and financial
105-735.202-2
Gifts to superiors.
interests statements.
105-735.202-3
Gifts from foreign govern-
105-735.411
Procedure in obtaining state-
ments.
ments.
105-735.203
Outside employment.
105-735.412
Resolving conflicts of interest.
105-735.413
105-735.203-1
Incompatible activities.
Employee complaint against
105-735.203-2
Source of salary for Govern-
filing requirement.
ment service.
Subpart 105-735.5-Other Statutes on Conduct
105-735.203-3
Teaching, lecturing, and writ-
105-735.501.
General.
ing.
105-735.502
Code of Ethics for Govern-
105-735.203-4
[Reserved]
ment Service (H. Con. Res.
105-735.203-5
Some acceptable activities.
175, 85th Cong., 2d Sess., 72
105-735.203-6
Prior approval of outside em-
3tat. B12).
ployment.
105-735.503
Bribery of public officials and
105-735.203-7
Prior approval while on sick
witnesses (18 U.S.C. 201)
leave.
105-735.504
Compensation in matters af-
105-735.204
Financial interests.
fecting the Government (18
105-735.205
Use of Government property
U.S.C. 208).
105-735.208
Misuse of information
105-735.505
Activities in claims against
105-735.207
Indebtedness.
the Government (18 U.S.C.
105-735.208
Gambling, betting, and lot-
205).
teries.
105-735.506
Disqualification of former
105-735.209
Prejudicial conduct.
employees (18 U.S.C. 207).
582
FORD
BERALD
LIBRAR
THE NEW YORK TIMES, WEDNESDAY, OCTOBER 27, 1976
Appeals Court Rules Nixon Tapes
Can Be-Copied, Sold or Broadcast
By LESLEY OELSNER
Special to The New York Times
WASHINGTON, Oct. 26-The United
yer, Herbert J. Miller, announced that the
States Court of Appeals here ruled today
former President would appeal.
by vote of 2 to 1 that the White House
"The effect of the Court of Appeals'
tape recordings that were used as evi-
decision is to permit the commercial ex-
dence in the Watergate cover-up trial
ploitation of recordings of Presidential
may be reproduced, broadcast, and sold
conversations subpoenaed for use in a
Friday 10/29/76
5:40 Bob Jackson of the L.A. Times is asking
296-1440
if they might expect a reply to Dennis
Britton's letter which was delivered
today ---- copy attached.
He will be around for about an hour.
FORD is GREATS LIBRARY
Los Angeles Times
WASHINGTON BUREAU
Oct. 29, 1976
Executive Office of the President
The White House
1600 Pennsylvania Ave., NW
Washington, D.C. 20500
ATTN: Philip W. Buchen, Counsel to the President
Dear Mr. Buchen,
Pursuant to the Freedom of Information Act, 5 U.S.C. 552, I
hereby request all files, documents, logs and memoranda which show
which tapes and/or documents from the Administration of former
President Richard M. Nixon have been listened to or reviewed by
you, members of your staff or other members of the Executive
Branch since August 9, 1974.
Because of the great public interest in this matter I ask
that you waive your right under the Act to reply within 10 working
days and instead give an immediate response. If any expenses in
excess of $50 are incurred in connection with this request, please
inform me prior to their being incurred for my approval.
Please be put on notice that I consider this information
clearly releasable under the Freedom of Information Act, and of
great, immediate public interest.
Thank you for your prompt attention to this matter.
Sincerely,
Dennis a. Britton
Dennis A. Britton
FORD : LIBRARY ERALD
Asst. Bureau Chief/News Editor
DAB/mpk
ROOM 730 1700 PENNSYLVANIA AVE., N.W. WASHINGTON, D.C. 20006 TELEPHONE 202-296-1440
Nexon
THE WHITE HOUSE
papers
WASHINGTON
November 3, 1976
MEMORANDUM FOR:
JEANNE DAVIS
FROM:
PHILIP BUCHEN T.W.B.
Barry Roth of my staff has met with Peter Rodman
and Edward Roberts of the NSC staff who identified
to him the personal papers of Secretary Kissinger
which are stored in the Vault in Room 207 of the
Executive Office Building. Because these papers
antedate Secretary Kissinger's government service,
which began in 1969, it is appropriate to remove
these papers from the EOB.
Accordingly, I approve the request to move the
six two-drawer file cabinets, twenty-three file
boxes and four regular boxes of Secretary Kissinger's
personal materials to the State Department.
CC: Robert Snow
FORDO & LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
November 3, 1976
MEMORANDUM FOR:
PHILIP BUCHEN
FROM:
BARRY ROTH
BR
I met today with Peter Rodman and Edward Roberts
of the NSC staff who showed me the personal
papers of Secretary Kissinger which antedate his
government service. These papers were removed
from Harvard in early 1969 in order to assure
their safety. They are contained in six two-
drawer file cabinets, twenty-three file boxes
and four small boxes. They are marked
Henry A. Kissinger.
Ed Roberts was present when these materials
arrived in the Executive Office Building (EOB)
in 1969 and has been responsible for their
movement and storage. Peter has been responsible
for working with these papers, when necessary.
They have assured me that none of the materials
relate to Secretary Kissinger's government service
in the Administrations of President Nixon and
President Ford. Peter opened one of the cabinets
to show me that it contained material that was
dated prior to 1969.
Since these materials are neither government
property nor are they covered by the Court
Orders surrounding the Nixon papers, I see no
reason not to allow their removal from the EOB
at this time.
BERALD FORD LIBRARY
-
make Bauy
THE WHITE HOUSE
WASHINGTON
November 9, 1976
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
Before too long we will be asked status of
JACK Jan
the Nixon tapes and papers presently stored in the
EOB.
What is the custodial status of these? Is this a
Presidential responsibility that will pass to the
succeeding President or is it a responsibility by
virtue of the court order that revolves personally
on us?
What is Jack Miller's view? In that regard, can Nixon
now claim the tapes and remove them? Can Miller?
Can you? Can the courts designate some other custodial
arrangements? If so, should we explore that?
GERALD n. FORD LIBR
THE WHITE HOUSE
WASHINGTON
January 7, 1977
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
Additional information on Rhoades-Nixon tape
JACK the Jane
conversation.
Apparently Rhoades has talked personally with Kallaur
a senior Carter transition officer who works largely
in the field of administration and, therefore, closely
with GSA. Kallaur has sent a memo to Watson on the
conversation which apparently indicates Rhoades'
concern about the tapes including the safe-keeping
to protect against deterioration.
1380 LIBRARY +