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Special Prosecutor (9)

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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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.

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    "ocrText": "The original documents are located in Box 61, folder \"Special Prosecutor (9)\" of the Philip\nBuchen Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 61 of the Philip Buchen Files at the Gerald R. Ford Presidential Library\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 9, 1975\nDear Mr. Ruth:\nFor purposes of the Research Project for the Special\nProsecutor, I am providing to you, under separate cover,\nsix envelopes marked \"C 3/11/75, C 3/12/75, C 3/14/75,\nC 3/18/75, C 3/25/75, and C 3/31/75. \" The contents of\nthese envelopes are generally identified in the attached\nletters from Stan Mortenson, attorney for Mr. Nixon, to\nThomas P. Wolf, Special Assistant to the Administrator,\nNixon Presidential Materials.\nSincerely,\nCounsel to the President\nHonorable Henry S. Ruth, Jr.\nSpecial Prosecutor\nWatergate Special Prosecution Force\n1425 K Street, N. W.\nWashington, D. C. 20005\nEnclosures\nBERALD LIBRARY P. FORD\nLAW OFFICES\nMILLER, CASSIDY, LARROCA & LEWIN\n2555 M STREET. N.W. SUITE 500\nWASHINGTON. D.C. 20037\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER, JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVANS\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS, JR.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 4, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nNixon Presidential Materials\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letters of April 4 and April 3, 1975, I\nauthorized you to make available to Mr. Buchen, with\ncertain exceptions, the items contained in the envelope\nlabeled 3-31-75. You are hereby authorized to make\navailable to him, or his designated agent, the following\nitems from the envelope:\nM-29\nE-148\nB-172\nE-146\nE-144\nE-145\nC-93\nE-147\nC-92\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nMILLER. CASSIDY, LARROCA & LEWIN\n2555 M STREET. N.W.- SUITE 500\nWASHINGTON. D.C. 20037\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER, JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVANS\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE, JR.\nR. STAN MORTENSON\nTHOMAS 9. CARR\nSeptember 4, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letters of April 10 and March 24, 1975, I\nauthorized you to make available to Mr. Buchen, with\ncertain exceptions, the items contained in the envelope\nlabeled 3-11-75. You are hereby authorized to make\navailable to him, or his designated agent, the following\nitem from that envelope:\nB-50\nSincerely,\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nis\nTOND\nBERALE\nLAW OFFICES\nMILLER, CASSIDY, LARROCA & LEWIN\n2555 M STREET. N.W. SUITE 500\nWASHINGTON. D.C. 20037\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT 1. MILLER. JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVANS\nPAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENBON\nTHOMAS B. CARR\nSeptember 4, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nNixon Presidential Materials\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letters of April 11 and March 24, 1975, I\nauthorized you to make available to Mr. Buchen, with\ncertain exceptions, the items contained in the envelope\nlabeled 3-12-75. You are hereby authorized to make\navailable to him, or his designated agent, the following\nitems from that envelope:\nB-65\nB-66\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nin\nFORD\nSTATE\nLAW OFFICES\nMILLER. CASSIDY, LARROCA & LEWIN\n2555 M STREET. N.W. . SUITE 500\nWASHINGTON. D.C. 20037\nAREA CODE 202\nTELEPHONE 233-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIOY\nCOURTNEY A. EVANS\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D, MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 4, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nNixon Presidential Materials\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letters of April 11 and March 25, 1975, I\nauthorized you to make available to Mr. Buchen, with\ncertain exceptions, the items contained in the envelope\nlabeled 3-14-75. You are hereby authorized to make\navailable to him, or his designated agent, the following\nitems from that envelope:\nD-62\nA-13\nD-69\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nMILLER. CASSIDY, LARROCA & LEWIN\n2555 M STREET. N.W. - SUITE 500\nWASHINGTON. D.C. 20037\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVANS\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 4, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nNixon Presidential Materials\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letters of April 11 and April 2, 1975, I\nauthorized you to make available to Mr. Buchen, with\ncertain exceptions, the items contained in the envelope\nlabeled 3-18-75. You are hereby authorized to make\navailable to him, or his designated agent, the following\nitems from that envelope:\nB-98\nF-51\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\n-\n1040\nLAW OFFICES\nMILLER, CASSIDY, LARROCA & LEWIN\n2555 M STREET. N.W.-SUITE 500\nWASHINGTON. D.C. 20037\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVANS\nRAYMOND G. LARROCA\nOF COUNSEL\nMATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JIFFRESS. JR.\nTHOMAS D. ROWE. JR.\n2. STAN MORTENSON\nTHOMAS a. CARR\nSeptember 4, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nNixon Presidential Materials\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of April 3, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelopes labeled 3-25-75 A &\nB. You are hereby authorized to make available to him,\nor his designated agent, the following items from the\nenvelopes:\nF-75\nF-72\nC-71\nF-74\nJ-22\nD-86\nF-73\nE-141\nC-90\nA-17\nC-88\nSincerely,\nRSM/tc\nCC: Hon. Philip Buchen\nof\nHon. Henry S. Ruth, Jr.\nCARRIE\nThis will hereby acknowledge receipt from a representative of\nthe GSA Coordinator for the Nixon Presidential Materials of\nthe following:\nSix envelopes marked as follows:\nadditional Releases from C 3-11-75\nadditional Releases from C 3-12-75\nadditional Releases from C 3-14-75\nadditional Releases from C 3-18-75\nadditional Releases from C 3-25-75\nadditional Releases from C 3-31-75\nName\nDate\nSAMPLE COPY\nTHE WHITE. HOUSE RECEIVED\nGSA\nWASHINGTON\nMAY 12 1 12 PM '75\nMay 12, 1975\nDear Mr. Ruth:\nAs agent of Philip W. Buchen, Counsel to the President, for purposes\nof the Research Project for the Special Prosecutor, I am providing to\nyou, under separate cover, two envelopes marked \"C:4/21/75(a), 11 and\n\"C:4/21/75(b).\" The contents of these envelopes are generally\nidentified in the attached letter, dated May 2, 1975, from R. Stan\nMortenson, attorney for Mr. Nixon, to Thomas P. Wolf, Special\nAssistant to the Administrator, Nixon Presidential Materials.\nSincerely,\nWilliam E. Casselman II\nCounsel to the President\nHonorable Henry S. Ruth, Jr.\nSpecial Prosecutor\nWatergate Special Prosecution Force\n1425 K Street, N. W.\nWashington, D.C. 20005\nEnclosure\nbcc: Thomas P. Wolf\nA\nLAW OFFICES\nMILLER, CASSIDY, LARROCA & LEWIN\nRECEIVED\n2555 M STREET. N.W. - SUITE 500\nCSA\nWASHINGTON. D.C. 20037\nMAY 2 I 08 PM '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVANS\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMay 2, 1975\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nNixon Presidential Materials\nRoom 487, old Executive Office Building\nWashington, D. C.\nDear Mr. Wolf:\nYou are hereby authorized to make available\nto Philip W. Buchen, Counsel to President Ford, or his\ndesignated agent, the envelopes labeled 4-21-75-C(a)\nand 4-21-75-c(b), which are now in your possession,\nafter you have removed the following items from those\nenvelopes:\nG-85\nG-86\nF-128\nC-184\nPrior to delivery of the envelopes, the fol-\nlowing items should be withdrawn and certain deletions\nmade in accordance with instructions I will discuss\nwith you:\nF-125\nE-293\nSincerely,\nR. Stan Mortenson\nRSM/sb\nCC: Hon. Henry S. Ruth\nWilliam E. Casselman, II\nY\nTHE WHITE HOUSE\nWASHINGTON\nNovember 1, 1974\nDear Mr. Sampson:\nAttached is a request from Herbert J. Miller, Jr., attorney\nfor Richard Nixon, pursuant to the Order of the United States\nDistrict Court for the District of Columbia entered October 22,\n1974, in Nixon V. Sampson, et. al., C.A. No. 74-1518 and\nC.A. No. 74-1533, seeking access to and copies of such\nPresidential materials of the Nixon Administration as he or his\nagent may request on an ongoing basis, for the purpose of\npreparation of Mr. Nixon for potential testimony in the Water-\ngate trial, and for determining whether to raise any privileges\nor defenses he believes he might have in opposition to\nproduction of said materials for current government business or\npursuant to requests by the Special Prosecutor or to validly-\nissued subpoenas, discovery demand or a court order. In my\nopinion, this request is in compliance with the above-referenced\nOrder.\nTherefore, I hereby request the assistance of employees of the\nGeneral Services Administration to make available in accordance\nwith existing access procedures such documents within the\nWhite House complex as are currently under your custody and\ncontrol, and to assist in locating the desired documents.\nFor the purpose of these searches,I designate in the alternative\nWilliam E. Casselman II, Barry N. Roth, Jay T. French,\nStanley Sutton Shaw, Jr., or J. Roger Edgar to serve as my\nagents.\nThank you for your assistance.\nSincerely,\nCounsel to the President\nThe Honorable Arthur F. Sampson\nAdministrator\nGeneral Services Administration\nWashington, D. C.\nLAW OFFICES\nMILLER, CASSIDY, LARROCA & LEWIN\n1320 19TH STREET. N.W. - SUITE 500\nWASHINGTON. D. C. 20038\nAREA CODE 202\nTELEPHONE 293-6400\nHIRBERT J. MILLER. JR.\nJOSEPH S. MCCART\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVAN\nRAYMOND G. LARROCA\nOF COUNSEL\nMATHAN LEWIN\nOctober 25, 1974\nMARTIN D. MINSXER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nA. RAYMOND RANOOLPH. JR.\nR. STAN MORTENSON\nPhilip W. Buchen, Esquire\nCounsel to the President\nThe White House\nWashington, D.C.\nDear Mr. Buchen:\nPursuant to the order of the United States District\nCourt for the District of Columbia entered October 22,\n1974, in Nixon V. Sampson, C.A. No. 74-1518, I hereby\nrequest as former President Nixon's attorney that you\nprovide to the following named attorneys of this firm\naccess to and copies of such Presidential materials of\nthe Nixon Administration as they may request: Herbert J.\nMiller, Jr., Thomas D. Rowe, Jr., and R. Stan Mortenson.\nThese attorneys may bring with them from time to time as\ntheir agents other employees of this firm, whom they will\ndesignate in writing to your office. I request that you\nprovide to these agents access to and copies of such\nPresidential materials of the Nixon Administration as an\nabove-named attorney or attorneys accompanying them\nmay request.\nThe purpose of the attorneys' requests will be the\npreparation of Mr. Nixon for potential testimony in the\nWatergate trial and/or determining whether to raise any\nprivileges or defenses he believes he might have in\nopposition to production of said materials for current\ngovernment business or pursuant to requests by the\nSpecial Prosecutor or to validly-issued subpoenas,\ndiscovery demand or a court order. Copies are requested\nbecause Mr. Nixon is physically unable to conduct the\nreview in person. Use of copies shall be fully in\ncompliance with the order. To the extent that this is\na continuing request, I will advise you when Mr. Nixon\nPhilip W. Buchen, Esquire\nOctober 25, 1974\nPage 2\nis physically able to conduct the review in person\nand copies are no longer required.\nSincerely yours\nHerbert is Miller, Jr.\nAttorney for Mr. Nixon\nHJM/deb\nCC: William E. Casselman II\nTHE WHITE HOUSE\nWASHINGTON\nOctober 31, 1974\nMOVING\nDear Mr. Sampson:\nMr. Thomas P. Wolf, as your duly appointed agent for purposes of\nthe Supplemental Order of the United States District Court for the\nDistrict of Columbia entered October 22, 1974, in Nixon v. Sampson,\net al., C.A. No. 74-1518 and C.A. No. 74-1533, has requested\npermission to enter the rooms under GSA control containing the\n\"Presidential materials of the Nixon Administration\" without being\naccompanied by me or my agent or by an attorney for former\nPresident Richard Nixon. It is my understanding that the purpose\nof these unescorted entries would be strictly limited to the accessioning\nof newly assembled \"Presidential materials\" and to working materials\nalready acquired by GSA between controlled rooms in order to achieve\noptimal storage.\nIt is my further understanding that in no event would Mr. Wolf or his\narchival assistants open or peruse any of the \"Presidential materials.\"\nMoreover, Mr. Wolf will maintain 2 written record of each such entry,\nincluding the room of entry, the time of entry and departure, the names\nof the persons entering the rooms, and the number of the boxes of\n\"Presidential materials\" affected. In Mr. Wolf's absence, his duly\nappointed alternate, Mr. Steven Gárfinkel, would be permitted entry\nunder the same conditions.\nMy signature of this letter constitutes approval of Mr. Wolf's request.\nSincerely,\nThey W. Burlen\nCounsel to the President\nAOD ,,FOR SECURITY PII AND\nHonorable Arthur F. Sampson\nAdministrator\nGeneral Services Administration\nSTANDARD PURPOSES\" MAINTENANCE\nWashington, D.C. 20405\ncc: Mr. Thomas P. Wolf\nDRAFT\nDRAFT\nTHE WHITE HOUSE\nWASHINGTON\nDear Mr. Wolf:\nThis letter will serve to up-date my letter of October 31, 1974, to\nArthur F. Sampson, Administrator of General Services, authorizing you as\nthe Administrator's agent, to make unescorted entries to the areas under\nGSA control which contain Nixon Presidential Materials subject to the\nSupplemental Order of the United States District Court for the District\nof Columbia entered October 22, 1974, in Nixon V. Sampson, et al., C.A.\nNo. 74-1518 and C.A. No. 74-1533.\nIt is my understanding that the purpose of these unescorted entries will\nbe limited to accessioning newly assembled \"Presidential materials\", moving\nmaterials previously accessioned between areas controlled by GSA in order\nto achieve optimal storage, necessary maintenance of the areas and security\npurposes. In no event will you or your appointed alternates or any archival\npersonnel open or peruse any of the \"Presidential materials\". In addition,\nyou will maintain a written record of each such entry, including the room\nentered, the time of entry and departure, the names of the persons entering\nthe room, the purpose for the access, and the quantity and identification\nof boxes of \"Presidential materials\" affected, if any.\nAll accesses will be conducted in the presence of at least two individuals,\none of whom will be yourself, your assistant, Mrs. Elizabeth Karabatsos, or\nyour administrative assistant, Miss Mary Filippini and one of whom will be\nDRAFT\n2\na member of the archival staff assigned to your office. All individuals\nparticipating in the access will have the necessary clearances and all\nprocedures will be in accordance with those established since October 22,\n1974.\nMy signature of this letter constitutes my approval of the above described\nprocedures.\nSincerely,\nPhilip W. Buchen\nCounsel to the President\nMr. Thomas P. Wolf\nDirector, Office of\nPresidential Materials\nGeneral Services Administration\nRoom 487\nOld Executive Office Building\nWashington, D.C. 20500\ncc: Herbert J. Miller\nArthur F. Sampson\nWATERGATE SPECIAL PROSECUTION FORCE\nUnited States Department of Justice\n1425 K Street, N.W.\nWashington, D.C. 20005\nSeptember 9, 1975\nPhilip W. Buchen, Esquire\nCounsel to the President\nThe White House\nWashington, D. C.\nRe: United States V. Frank DeMarco, Jr.\nCriminal Nos. 75-1129, 75-1188 (C.D. Calif.)\nUnited States V. Ralph G. Newman\nCriminal Nos. 75 Cr. 443, 75 Cr. 508 (N.D. Ill.)\nDear Mr. Buchen:\nWe previously have requested that the Nixon Adminis-\ntration papers be searched for certain documents possibly\nrelevant to the trials of the above-captioned cases.\nRecently we made such a request asking for copies of travel\nvouchers relating to trips made by former White House aide\nEdward L. Morgan in 1969 and 1970. In making this particular\nrequest we noted certain dates when, we believed, these\ntrips might have occurred.\nMr. Larroca, counsel for former President Nixon,\nrecently has informed us that a search of the appropriate\nfiles discloses that Mr. Morgan did not make any trips\nduring 1969 or 1970 on the dates indicated in our earlier\nletter. He also informed us, however, that he and the\nappropriate GSA officials had determined that, among the\npapers in question, there were travel vouchers reflecting\ntrips made by Mr. Morgan on other dates in 1969 and 1970.\nFurther, Mr. Larroca indicated that he had no objection\nto our receiving copies of such vouchers.\nAccordingly, I request that the files in question be\nsearched for these documents (which, I understand, have\nbeen maintained together in one location), and that we be\nsupplied copies at your earliest convenience.\nPhilip W. Buchen, Esquire\nSeptember 9, 1975\nPage Two\nI thank you again for your cooperation in\nthis matter.\nSincerely,\nday /frands\nJay Horowitz\nAssistant Special Prosecutor\nCC: Raymond Larroca, Esquire\nThomas P. Wolf\nTHE WHITE HOUSE\nPagers\nWASHINGTON\nSeptember 12, 1975\nDear Mr. Ruth:\nIn accordance with Assistant Special Prosecutor\nJay Horowitz' letter to me of September 9, 1975,\nI am providing to you the requested travel\nvouchers for Mr. Edward L. Morgan for (1) March\n7 & 8, 1969 and (2) April 9, 1969.\nI trust this is responsive to your request.\nSincerely,\nPhilip\nCounsel to the President\nThe Honorable Henry S. Ruth, Jr.\nSpecial Prosecutor\n1425 K Street, N. W.\nWashington, D. C.\nEnclosures\nCC: Mr. Herbert J. Miller, Jr.\nis\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 29, 1975\nDear Mr. Ruth:\nFor purposes of the Research Project for the Special\nProsecutor, I am providing to you, under separate cover,\neleven envelopes marked \"Additional Releases from: C 4/2/75,\nC 4/4/75, C 4/10/75, C 4/11/75, C 4/15/75, C 4/16/75,\nC 4/17/75, C 4/21/75, C 4/22/75, C 4/23/75, and C 4/24/75\".\nThe contents of these envelopes are generally identified in\nthe attached letters from Stan Mortenson, attorney for\nMr. Nixon, to Thomas P. Wolf, Special Assistant to the\nAdministrator, Nixon Presidential Materials.\nSincerely,\n12/ a\nPhilip W. Buchen\nCounsel to the President\nHonorable Henry S. Ruth, Jr.\nSpecial Prosecutor\nWatergate Special Prosecution Force\n1425 K Street, N.W.\nWashington, D.C. 20005\nEnclosures\nbcc: Tom Wolf\nTHE it Dear LIDERSY\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nCSA\n2555 M STREET. N.W.-SUITE 500\nWASHINGTON, D.C. 20037\nSEP 29 9 28 AM '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCAR\nJOHN JOSEPH CASSIDY\nCOURTNEY A. Eva\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. Ja.\nTHOMAS D. ROWE, JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of April 11, 1975, I authorized\nyou to make available to Mr. Buchen, with certain\nexceptions, the items contained in the envelope labeled\n4-2-75.-\nYou are hereby authorized to make available to\nMr. Buchen, or his designated agent, the following item\nwhich should first be withdrawn from the envelope and\ncertain deletions made in accordance with instructions\nI will discuss with you: B-178.\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry R. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nCSA\n2555 M STREET. N.W. - SUITE 500\nWASHINGTON, D.C. 20037\nSEP 29 9 23 AM '75\nAREA CODE 202\nTELEPHONE 233-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCART\nJOHN JOSEPH CASSIOY\nCOUNTRY A. EVA)\nRAYMOND G. LARHOCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE Ja.\nR. STAN MORTENSON\nTHOMAS 3. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of April 11, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-4-75. You\nare hereby authorized to make available to him, or\nhis designated agent, the following items from that\nenvelope:\nC-110\nM-33\nM-34\nSincerely,\nMortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY. LARROCA & LEWIN\nGSA\n2553 M STREET. N.W. - SUITE 500\nWASHINGTON, D.C. 20037\nSEP 29 9 28 AM '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCAR\nJOHN JOSEPH CASSIDY\nCOUNTRY A. EVA\nRAYMOND C. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. Ja.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of April 22, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-10-75. You\nare hereby authorized to make available to him, or his\ndesignated agent, the following item from that envelope:\nD-139\nSincerely,\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nGSA\n2553 M STREET. N.W. SUITE 500\nWASHINGTON, D.C. 20037\nSEP 29 9.28 AM *75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER, Ja.\nJOSEPH S. MCCART\nJOHN JOSEPH CA33107\nCOURTNEY A. EVAN\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN O. MINSKIR\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE Ja.\nR. STAN MORTENSON\nTHOMAS 3. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of April 28, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-11-75.\nYou are hereby authorized to make available to him, or\nhis designated agent, the following items from that\nenvelope:\nE-249\nB-253\nE-251\nB-266\nYou are further authorized to make available\nto Mr. Buchen, or his designated agent, the following\nitemswhich should first be withdrawn from the envelope\nand certain deletions made in accordance with instructions\nI will discuss with you: B-254\nSincerely,\nStan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nGSA\n2553 M STREET. N.W. - SUITE 500\nWASHINGTON. D.C. 20037\nSEP 29 9 28 AH '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. Ja.\nJOSEPH S. MCCAN\nJOHN JOSEPH CASSIOY\nCOURTNEY A. EVA\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAM LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of April 24, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-15-75.\nYou are hereby authorized to make available to him, or\nhis designated agent, the following item from that\nenvelope:\nF-115.\nSincerely,\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nGSA\n2553 M STREET. N.W.- SUITE 500\nWASHINGTON. D.C. 20037\nSEP 29 9:28 AM '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER JR.\nJOSEPH S. MCCART\nJOHN JOSEPH Cassior\nCOURTNEY A. EVA\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN O. MINSKER\nWILLIAM H. JEFFRESS. Ja.\nTHOMAS D. ROWE. Ja.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter. of April 28, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-16-75. You\nare hereby authorized to make available to him, or his\ndesignated agent, the following items from that envelope:\nG-56\nG-63\nE-284\nG-54\nG-57\nG-52\nE-280\nG-60\nG-58\nG-55\nG-53\nG-59\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nK. TORD OBRAKS\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nGSA\n2555 M STREET. N.W.- SUITE 500\nWASHINGTON, D.C. 20037\nSEP 29 9 29 AM 75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCA.\nJOHN JOSEPH CASSIOY\nCOURTYEY A. EV\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of April 22, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-17-75.\nYou are hereby authorized to make available to him, or\nhis designated agent, the following items from that\nenvelope:\nC-177\nSincerely,\nRSM/tc\ncc: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER CASSIDY, LARROCA & LEWIN GSA\n2533 M STREET. N.W. - SUITE 500\nWASHINGTON. D.C. 20037\nSEP 29 9 28 AM '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCAR\nJOHN JOSEPH CASSIOY\nCOURTNEY A. EV.\nRAYMOND G. LARROCA\nOF COUNSEL\nMATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of May 2, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-21-75.\nYou are hereby authorized to make available to him, or\nhis designated agent, the following items from that\nenvelope:\nG-86\nC-184\nSincerely,\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nGSA\n2535 M STREET. N.W. - SUITE 500\nWASHINGTON. D.C. 20037\nSEP 29 9 28 AH 75\nAREA CODE 202\nTELEPHONE 293-6400\nHERSERT J. MILLER. JR.\nJOSEPH S. MCCART\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVAI\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE JR.\nR. STAN MORTENSON\nTHOMAS 3. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of May 12, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-22-75.\nYou are hereby authorized to make available to him, or\nhis designated agent, the following items from that\nenvelope:\nG-108\nG-94\nE-308\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nGSA\n2533 M STREET. N.W.- SUITE 500\nWASHINGTON. D.C. 20037\nSEP 29 g 28 AN '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH S. MCCAR\nJOHN JOSEPH CASSIOY\nCOURTNEY A. EVA\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS, JR.\nTHOMAS D. ROWE JR.\nR. STAN MORTENSON\nTHOMAS B. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of May 15, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-23-75. You\nare hereby authorized to make available to him, or his\ndesignated agent, the following items from that envelope:\nG-119\nG-122\nG-120\nF-134\nG-121\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nLAW OFFICES\nRECEIVED\nMILLER, CASSIDY, LARROCA & LEWIN\nGSA\n2555 M STREET. N.W. - SUITE 500\nWASHINGTON, D.C. 20037\nSEP 29 9 28 AM '75\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER. JR.\nJOSEPH 5. MCCART\nJOHN JOSEPH CASSIOY\nCOURTNEY A. EVA\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE JR.\nR. STAN MORTENSON\nTHOMAS 3. CARR\nSeptember 26, 1975\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, DC 20506\nDear Mr. Wolf:\nBy letter of May 29, 1975, I authorized you\nto make available to Mr. Buchen, with certain exceptions,\nthe items contained in the envelope labeled 4-24-75. You\nare hereby authorized to make available to him, or his\ndesignated agent, the following items from that envelope:\nG-151\nG-161\nSincerely,\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nTHE WHITE HOUSE\nWASHINGTON\nOctober 20, 1975\nDear Mr. Ruff:\nFor purposes of the Research Project for the Special Prosecutor,\nI am providing to you, under separate cover, two envelopes marked\n\"Additional Releases from 4/10/75 C and 4/15/75 c.\" The contents\nof these envelopes are generally identified in the attached\nletters, dated October 14, 1975, from Stan Mortenson, attorney\nfor Mr. Nixon, to Thomas P. Wolf, Special Assistant to the\nAdministrator, Nixon Presidential Materials.\nSincerely,\nCounsel to the President\nHonorable Charles F.C. Ruff\nSpecial Prosecutor\nWatergate Special Prosecution Force\nFederal Triangle Building\n9th and D Str., NW\nWashington, D.C. 20530\nEnclosures\nbcc: T.P. Wolf\nThis will hereby acknowledge receipt from a representative of\nthe GSA Coordinator for the Nixon Presidential Materials of\nthe following:\ntwo envelopes marked as fdlows\nadditional releases fram 4/10/75 C\nand\nadditional pleaser from 9/15/75 C\"\nName Philip Bucheng By\n10/20/75\nDate\nCopy shill\nLAW OFFICES\nMILLER, CASSIDY. LARROCA & LEWIN\n2555 M STREET, N.W. - SUITE 500\nto Barry\nWASHINGTON. D.C. 20037\nAREA CODE 202\nTELEPHONE 293-6400\nHERBERT J. MILLER, JR.\nJOSEPH S. MCCARTHY\nJOHN JOSEPH CASSIDY\nCOURTNEY A. EVANS\nRAYMOND G. LARROCA\nOF COUNSEL\nNATHAN LEWIN\nMARTIN D. MINSKER\nWILLIAM H. JEFFRESS. JR.\nTHOMAS D. ROWE. JR.\nOctober 14, 1975\nR. STAN MORTENSON\ncell\nTHOMAS B. CARR\nMay\nMr. Thomas P. Wolf\nSpecial Assistant to the Administrator\nRoom 487, Old Executive Office Building\nWashington, D.C. 20506\nDear Mr. Wolf:\nBy letters of April 21 and September 26, 1975,\nI authorized you to make available to Mr. Buchen, with\ncertain exceptions, the items contained in the envelope\nlabeled 4-10-75. At the request of the Special Prose-\ncutor, I hereby authorize you to make available to Mr.\nBuchen or his designated agent the following items from\nthat envelope which have not previously been released:\nC-133\nJ-51\nSincerely,\nR. Stan Mortenson\nRSM/tc\nCC: Hon. Philip Buchen\nHon. Henry S. Ruth, Jr.\nTHE WHITE HOUSE\nWASHINGTON\nOctober 17, 1975\nMEMORANDUM FOR:\nRON NESSEN\nFROM:\nPHIL BUCHEN\nP.\nAttached is a copy of the Special Prosecution\nForce report. As indicated in the first paragraph\non page 1, the report is made \"to the public and\nto the Congress.\"\nThe principal portion dealing with the involvement\nof President Ford in matters of concern to the\nSpecial Prosecution appear at pages 115-119 and\n128-133.\nIf you have any thoughts on issues that might\nbe raised by the media, please let me know.\nAttachment\nFORD it STATE LIBRARY\nTHE WHITE HOUSE\nWASHINGTON\n33\nOctober 22, 1975\nDear Hank:\nMany thanks for sending me the typed summary of your\nOctober 19, 1975, report issued on the eve of your\ndeparture from office. I also have received the full\nprinted report and have begun to review its contents.\nJudging from the questions you received on television\nSunday, it appears that your report fails to provide\nsensational new revelations which the press had hoped\nfor. However, I commend your restraint, and I admire\nthe impeccable way in which you have protected the\nintegrity of the law enforcement process. Even in the\nface of disappointing your avid television inquisitors,\nyou did beautifully in handling their questions.\nWith your departure from office I want to add to the\nmany plaudits you have received my own expression of\nappreciation for the superb service you have rendered\nand for your thoughtful and considerate help to me on\nmatters within your jurisdiction in which my office\nhad an interest.\nI wish you much success and satisfaction in your new\nposition.\nSincerely,\nThil\nPhilip W. Buchen\nCounsel to the President\nThe Honorable Henry Ruth\n5111 Battery Lane\nin\nFORD\nBethesda, Maryland 20014\nWATERGATE SPECIAL PROSECUTION FORCE\nUnited States Department of Justice\n1425 K Street, N.W.\nWashington, D.C. 20005\nOctober 16, 1975\nHonorable Philip W. Buchen\nCounsel to the President\nThe White House\nWashington, D. C.\nDear Phil:\nI am enclosing a copy of a Report covering\nthe activities of the Watergate Special Prosecution\nForce from May 1973 to September 15, 1975.\nI appreciate the cooperation that you have\ngiven to this Office in the arrangements for the\nacquisition by this Office of the Nixon Administration\ntapes and papers that we needed.\nBest wishes.\nSincerely,\nBank\nHENRY S. RUTH, JR.\nSpecial Prosecutor\nSUMMARY OF OCTOBER, 1975 REPORT OF\nWATERGATE SPECIAL PROSECUTION FORCE\nThe Report of the Watergate Special Prosecution Force\n(WSPF) describes the work of WSPF during the 28-month period\nfrom May 25, 1973 when Archibald Cox took office as Special\nProsecutor to September 15, 1975. The work produced more than\nfifty criminal convictions of individuals and pleas of guilty\nfrom nineteen corporations. These matters included eleven\ncompleted or pending trials of which six were held in\nWashington, D.C. and five were held or are scheduled in\nvarious cities around the Nation.\nIn addition to reporting on the investigations and trials\nWSPF undertook and completed, the Report describes the pro-\ncess by which decisions were made as to the investigations to\nbe undertaken, the persons to be charged and the charges to\nbe brought, including decisions concerning plea negotiations.\nHowever, the Report does not set out facts about individual\ncases or criminal charges other than those that have been\npresented in court or otherwise made public, because, as ex-\nplained in the Introduction to the Report, to do so would be\ninconsistent with fundamental protections which our system of\njustice accords to individuals.\nThe Report describes in detail the Special Prosecutor's\nefforts to obtain tapes, documents and other information and\n- 2 -\nmaterial of the Nixon Administration starting immediately\nafter Cox's appointment and continuing for several months\nafter President Nixon's resignation. It also describes the\ndeliberations and the actions of the Special Prosecutor\nrelating to the possibility of criminal charges against\nPresident Nixon and the cooperation between WSPF and the\nHouse Judiciary Committee during that Committee's investiga-\ntions and deliberations about possible impeachment.\nFinally, the Report states some concluding observations\nand makes a series of recommendations based upon the experience\nof the prosecutors during their 28-months' work. Since the\nProsecution Force was not a commission or study group, the\nproposed recommendations are not intended as a comprehensive\nfinding as to the changes needed to prevent and challenge abuses\nof power. A detailed series of appendices follows the main\nbody of the Report.\nThere are summarized below those chapters of the Report\nsetting forth WSPF's recommendations, the policies and proce-\ndures of WSPF including decisions about prosecutions to be\nundertaken and about plea bargaining, descriptions of major\ninvestigations, efforts to obtain evidence from the White\nHouse, and actions related to possible criminal prosecution\nagainst President Nixon.\n- 3 -\nWSPF Recommendations (Chapter 5)\n1. Protecting the Integrity and Effectiveness of the\nProsecution Function\nAmong recommendations seeking to insulate the Department\nof Justice from political pressure were the following:\n- Neither the campaign manager nor any other top\nofficials of the President's campaign should\nbecome Attorney General.\n- The Hatch Act should apply to all Justice\nDepartment employees.\n- A written record should be maintained of all\noutside contacts with Justice Department\nofficials concerning pending matters.\n- A new unit with adequate resources should be\nestablished within the Justice Department to\ninvestigate and prosecute corruption cases.\n- An Office of Permanent Special Prosecutor\nshould not be established.\n- The organized bar and the courts should clarify\nand more actively inquire into possible\nconflicting interests in one attorney's repre-\nsentation of both higher-level and lower-level\nemployees during a federal investigation of\nthe leadership's conduct in hierarchial organi-\nzations, such as corporations, labor unions\nand government agencies.\n- In order to ensure a continuous flow of informa-\ntion from cooperating witnesses, the Freedom\nof Information Act should be clarified to protect\nabsolutely information obtained confidentially\nby law enforcement agencies.\n2. Protecting the Integrity of Executive Branch\nFunctions in Law Enforcement\n- Congress should exercise effective oversight of\nenforcement and intelligence agencies through\n- 4 -\nregular review of agency policies, internal inspec-\ntion procedures and other checks on how sensitive\nfunctions are being performed.\n- A constitutional amendment should clarify if and\nwhen a President in office is subject to criminal\nprosecution.\n3. Control of Intelligence and National Security\nFunctions\n- All intelligence agencies should issue written\npolicies setting forth types of domestic intelli-\ngence to be gathered and methods to be used.\nThese policies should be reviewed by a domestic\nintelligence policy review board.\n- The Administration should clarify its present\npolicy on warrantless searches and seizures\nin connection with foreign intelligence investi-\ngations.\n4. Political Financing and Campaign Tactics\n- The Department of Justice should take the initia-\ntive in undertaking investigations and prosecutions\nfor campaign financing violations without waiting\nfor referral of complaints from other agencies or\nindividuals.\n- Individual responsibility for the various reporting\nrequirements of a campaign committee under the\nFederal Election Campaign Act (FECA) should be\nextended to include committee chairmen, rather\nthan just the treasurers of such committees.\n- The statute of limitations on election law viola-\ntions, amended retroactively in the middle of\nWSPF's work to a three-year period, should be\nrestored to the five-year period applicable to\nalmost all other federal crimes.\n- Several amendments are needed to the FECA pro-\nvisions barring corporate contributions and\ncontributions by a government contractor in order\nto clarify the extent and nature of the criminal\nprohibitions and make them more consistent in\napproach to the problems of campaign financing.\n(See PP 149-152 of Report)\n- 5 -\n- The authority of the Federal Election Commission\nshould be broadened with respect to \"dirty\ntricks\" to enable it to promulgate standards\nof unaccepted campaign conduct.\nWSPF Policies and Procedures for Investigation and Prosecution\n(Chapter 2)\nA. Beginning Investigations\nThe Report describes the various sources of information\non the basis of which decisions were made to undertake investi-\ngations. It notes that with respect to some areas of its\nresponsibility, WSPF began with the benefit of prior investiga-\ntive work by other agencies while with respect to others, little\nprior work had been done. It describes the Special Prosecutor's\ndecision to utilize the FBI as its principal investigating\nagency, a decision that Cox reached only after satisfying him-\nself that alleged improprieties by some former high FBI\nofficials did not involve those who would be responsible for\nwork undertaken for the Special Prosecutor.\nB. The Investigative Process\nThe Report details the various investigative techniques\nused by WFPF, noting similarities and differences in comparison\nwith other \"white-collar\" crime investigations.\nAmong the differences were the special problems resulting\nfrom the White House's refusal to make available important evi-\ndence, the intense interest of the news media, and WSPF's need\nto maintain public support in view of the threat its work pre-\nsented to the President and others in high positions.\n- 6 -\nThe Report describes the various methods used for obtain-\ning information from witnesses, including FBI interviews, of-\nfice interviews and bringing the witness before the grand jury\nand the role each of these methods played in WSPF's investiga-\ntions. It notes that only about 30 of the several hundred wit-\nnesses who were interviewed were granted immunity as a means of\nobtaining crucial information. An important reason for this\nwas WSPF's belief that most of those who were at relatively\n\"low\" levels of the conspiracies and other wrong-doing it was\ninvestigating held important positions of public trust and were\nnot entitled to complete immunity. Whenever possible in such\nsituations, WSPF sought to obtain the information it needed on\nthe basis of a plea bargain in order that a court could im-\npose an appropriate penalty.\nC. Charging and Disposing of Cases\nThe Report analyzes the bases on which WSPF decided whether\nto charge persons and what particular charges to bring.\nThe case involving the burglary of the office of Dr. Fielding,\nDaniel Ellsberg's psychiatrist, is used as an example to\ndescribe the factual and legal considerations that led to re-\njection of certain charges and the decision to bring others -\nin that case conspiracy to violate Dr. Fielding's Fourth Amend-\nment rights to not be victimized by an illegal search and\nseizure.\n- 7 -\nThe Report describes the issues the Special Prosecutor\nfaced in deciding whether to bring perjury charges and whether\nto invoke the federal conspiracy statute in those cases where\nit appeared to be applicable.\nThe Report also explains why instead of using the minimum\nrequired standard of proof for a grand jury indictment, the\nSpecial Prosecutor sought to use a higher standard and thus\nsought indictments only when all the available evidence, in-\ncluding the defendant's explanations, seemed likely to result\nin a guilty verdict at trial.\nThe Report indicates the special circumstances that in\nsome cases led the prosecutors to believe leniency was jus-\ntified in making charging decisions. Thus, in a few cases\nthe defendant's health was taken into account. In others, the\ndefendants seemed to have relied on advice of counsel as to\nthe legality of their actions or on prior non-enforcement de-\ncisions by government agencies.\nPlea Bargaining\nWithout plea bargaining the Special Prosecutor would\nhave been able to convict only a small number of the persons\nwho were shown on investigation to have committed crimes. In-\nformation obtained by plea bargaining was crucially important\nin many of. the major prosecutions and convictions.\n- 8 -\nThe Report describes Special Prosecutor Cox's offer of\nleniency to corporations which volunteered information about\ntheir violations of the campaign financing laws. The reasons\nfor Cox's policy, which was adhered to by each succeeding\nSpecial Prosecutor, are described in full in the Report and\ninclude proof difficulties, prior lack of enforcement and\ncorporate disclosure of prior practices. The volunteer policy\nresulted in guilty pleas by 12 corporations and 10 corporate\nofficers. These pleas, and others that followed in the campaign\ncontributions area, marked the first time in many years that\ncorporate officers had been convicted for consenting to\nillegal contributions.\nThe Report describes WSPF's concern that guilty pleas\ninvolve admission of guilt to a sufficiently serious charge\nto enable the judge to impose an appropriate sentence. In\ngeneral the Special Prosecutor was willing to accept a plea\nto one felony charge. Most federal felonies permit a five-year\nmaximum sentence. WSPF also believed that guilty pleas should\nresolve the issue of the defendant's guilt or innocence of\nthe underlying conduct which the evidence established. Thus,\nWSPF refused to accept pleas if the defendant was asserting his\ninnocence in court at the time of the plea, and, with one\nexception involving one of the first campaign-law violators to\ncome forward voluntarily, refused to accept pleas of nolo\n- 9 -\ncontendere. In a few other situations the Special Prosecutor\nwas willing to accept guilty pleas that did not fully meet\nthese concerns, and the Report sets out the range of considera-\ntions that led to the acceptance of such pleas.\nThe Report also notes that in considering a plea agree-\nment, WSPF was concerned that where subordinates had been\nconvicted and sentenced, the principle of proportionality\nprevented accepting a plea to a lesser charge from a person\nwho had directed his criminal activities.\nMajor Investigations and Other Actions (Chapter 3)\nThe most important work of WSPF's five task forces and\nthe counsel's office is summarized in Chapter 3 of the Report.\nNot included are large numbers of investigations which\ninvolved a relatively minor commitment of office resources and\na lesser number of investigations, requiring more substantial\nefforts, which have not been publicly disclosed in the past\nand which did not result in charges. Reporting them would\npublicize, for the first time and in an improper forum, allega-\ntions from which the prosecutors concluded they should not\ninitiate court action for the various reasons cited in\nChapter 2. In the investigations included within this chapter,\nallegations are cited if they have already received extensive\npublicity or if they had become public through court proceedings,\nlegislative inquiries or other forums.\n- 10 -\nA section of the work of the Watergate Task Force briefly\ndescribes its three investigations. The Watergate cover-up\ninvestigation resulted in the prosecution and felony conviction\nof eight men formerly associated with the White House or the\nPresident's Campaign Committee. On January 15, 1974, a panel\nof tapes' experts appointed by Judge Sirica concluded that\nan 18 1/2 minute gap in a subpoenaed Presidential tape\nrecording of June 20, 1972 had been produced by at least five\nseparate hand operations of the stop and record buttons of a\nUher 5000 machine, the same model used by the President's\nsecretary, Rose Mary Woods, in transcribing the tape. Since\nthe experts' report made it clear that the gap had been caused\nby intentional erasures, and evidence produced at earlier\nhearings showed that the erasures had occurred after the tape\nhad been subpoenaed, Judge Sirica had referred the matter to\nthe grand jury for further investigation of the possibility\nof obstruction of justice. A grand jury, assisted by WSPF\nand the FBI, concluded from the testimony of over 50 people\nthat a very small number of persons could have been responsible\nfor the erasures, but it was unable to obtain evidence sifficient\nto prosecute any individual.\nAnother matter which arose as part of the Watergate cover-\nup investigation was an inquiry into President Nixon's sub-\nmission of Presidential tape transcripts to the House Judiciary\n- 11 -\nCommittee on April 30, 1974. Comparison of the President's\nsubmission with transcripts in WSPF's possession showed that\nthe President's version contained several omissions of por-\ntions of conversations. After an investigation, WSPF concluded\nthat there is strong circumstantial evidence that at least some\nof the lengthy deletions were deliberate, but no prosecution\nwas possible for reasons outlined in the Report.\nThe Report also describes the work of WSPF's \"Dirty\nTricks\" task force. The \"Dirty Tricks\" investigation, which\nresulted in convictions of Donald Segretti and Dwight Chapin,\nsprung from reports that President Nixon's re-election cam-\npaign had included an undercover network of agents who had\nengaged in various kinds of political espionage and sabotage\nagainst candidates for the Democratic Presidential nimination.\nThe reported activities included forging letters and other\nliterature which unfairly attacked some candidates, planting\nmanufactured stories in the press, copying documents from\ncampaign files, and recruiting people to ask embarrassing\nquestions at candidates' rallies or to picket such rallies on\nbehalf of opposing candidates. WSPF also received and\ninvestigated allegations about possible \"dirty tricks\" by\nagents of Democratic candidates directed against President\nNixon's campaign.\nFORE of STATE LIBRARY\n- 12 -\nWSPF's ITT task force investigated allegations that the\nDepartment of Justice had settled three antitrust suits in\n1971 against International Telephone and Telegraph Corporation\n(ITT), one of the Nation's largest conglomerates, in return\nfor ITT's alleged offer to help finance the 1972 Republican\nNational Convention. These investigations included the\npossibility that perjury had been committed in the 1972\nconfirmation hearings of Richard Kleindienst to become Attorney\nGeneral and an allegation that a Securities and Exchange\nCommission (SEC) inquiry had been obstructed by ITT's failure\nto produce certain documents. The Report summarizes these\ninvestigations and additional allegations that the Kleindienst\nhearings had been illegally obstructed; that crimes had been\ncommitted in connection with the transfer of documents relating\nto ITT from the SEC to the Justice Department; that ITT had\nbeen granted a favorable tax ruling by the Internal Revenue\nService as a result of improper influence or fraud; that\nimproper influence had been applied to the Justice Department's\nhandling of the antitrust suits against ITT, apart from the\n1971 settlement; that improper influence had been used in\nsecuring the agreement of another corporation to merge with\nITT; and that perjury had been committed by various people\nbefore Congressional Committees, the SEC, and the grand\njury. Richard Kleindienst and Howard Reinecke were convicted\nby this Task Force.\n- 13 -\nThe \"Plumbers\" task force investigated and prosecuted\nthose responsible for a break-in in September 1971 at the\nLos Angeles offices of Dr. Lewis Fielding, conducted to secure\nthe psychiatric records of Fielding's former patient, Daniel\nEllsberg. At the time of the break-in, Ellsberg was under\nindictment for his role in the alleged theft of the classified\n\"Pentagon Papers.\" The report recounts that prosecution,\nwhich resulted in the conviction of six individuals, and a\nnumber of other investigations undertaken by WSPF's \"Plumbers.\"\nThese included investigations of other break-ins, a \"national\nsecurity\" wiretap program, the alleged misuse of federal\nagencies, the alleged mistreatment of demonstrators, and an\ninquiry into President Nixon's tax returns.\nThe Report also details the work of the Campaign Contri-\nbutions task force, which systematically examined the campaign\nfinances of major 1972 Republican and Democratic Presidential\ncandidates. This examination included the investigation of\nseveral hundred separate transactions, including corporate\nand labor union contributions, recipients' non-reporting of\ncontributions and expenditures, and alleged quid pro quo\nrelationships between contributions and Government actions.\nThe Report specifically describes investigations into the\nalleged sales of Ambassadorships, contributions made by\n- 14 -\nAssociated Milk Producers, Inc., the \"Townhouse\" program, the\nHughes-Rebozo allegations and an inquiry into the National\nHispanic Finance Committee. In total, the Campaign Contribu-\ntions Task Force convicted 32 individuals and 19 corporations.\nChapter 3 concludes with a summary of the work of\nWSPF's legal issues task force, the Office of Counsel to the\nSpecial Prosecutor.\nEfforts to Obtain Evidence from the White House (Chap. 4,\nfirst section)\nFrom the first days of Special Prosecutor Cox's tenure until\nmany months after President Nixon's resignation, much of WSPF's\nenergy and concern was devoted to a continuing struggle with\nthe White House to obtain tapes, papers and other evidence\nthat were under President Nixon's control during his incum-\nbency.\nThe Report describes Cox's early efforts in May and June,\n1973, to obtain papers and to insure that White House files con-\ntaining items he might need would not be tampered with. It\ndetails the decision to seek tapes after their existence be-\ncame known in July, 1973, including the process of identifying\nfor a subpoena the particular tapes which would establish\nwhether John Dean or the President were telling the truth about\nthe President's knowledge and involvement. The negotiations\nbetween Cox and the White House and litigation over the grand\n- 15 -\njury's subpoena which led in October 1973 to Cox's dismissal\nare also described. The public uproar over Cox's firing led\nthe President to agree to comply with the subpoena, and the\nReport describes the disclosure that two of the tapes were missing\nand one had an 18 1/2 minute gap and the resulting investiga-\ntion. It details Special Prosecutor Jaworski's continuing\nefforts to obtain additional materials and the issuance in\nApril 1974 of a subpoena for 64 tapes needed for the Watergate\ntrial and the ensuing litigation resulting in the United\nStates Supreme Court's unanimous decision on July 24, 1974,\nrequiring that these tapes be turned over to the Special\nProsecutor.\nAfter President Nixon's resignation WSPF took immediate\naction to prevent tapes and documents from the White House\nfrom being shipped to California and there ensued complex\nnegotiations and litigation, described in the Report, resulting\nin the Special Prosecutor's obtaining access to the materials\nhe believed he needed to complete his task.\nActions Related to President Nixon's Possible Criminal\nLiability (Chap. 4, second section)\nSection B of Chapter 4 describes the issues facing the\nSpecial Prosecutor relating to the possible criminal liability\nof President Nixon. The background is John Dean's testimony\n- 16 -\nin June, 1973 before the Senate Select Committee implicating\nthe President in discussions of executive clemency for Water-\ngate burglar E. Howard Hunt and the decision to pay Hunt\n\"hush money.\" Dean's version was corroborated and added to\nby the March 21, 1973 tape which WSPF obtained following the\n\"Saturday night massacre\" in late October 1973.\nThe Report describes the deliberations of WSPF on whether\nPresident Nixon could and should be indicted and Special\nProsecutor Jaworski's decision not to recommend such an indict-\nment to the grand jury, but instead to transmit evidence\npertinent to the President's involvement to the House Judiciary\nCommittee which was then considering impeachment. The Report\ndetails the steps leading to this information reaching the\nHouse Committee and describes the cooperation between the\nCommittee and WSPF that resulted in additional information and\nassistance being made available to the House Committee. On\nJuly 29, 1974 the Committee included in Article II of its\nArticles of Impeachment a charge that the President had \"know-\ningly misused the executive power by interfering with agencies\nof the federal government,\" and included WSPF among the agencies\nlisted.\nThe Report also details the decision to name President\nNixon an unindicted co-conspirator in the Watergate indictment.\n- 17 -\nAfter President Nixon resigned, Special Prosecutor Jaworski\ndecided that he would defer any possible criminal action against\nthe former President until the Watergate cover-up jury was\nsequestered and the trial had started. His purpose was to\navoid exposing the jurors to additional pre-trial publicity.\nThe result of this decision was that Nixon, if charged with\ncomplicity in the Watergate cover-up, would have been tried\nseparately from Haldeman, Mitchell, Ehrlichman and the other\nalleged co-conspirators originally charged.\nThe Report describes Jaworski's meeting with Phillip\nBuchen, Counsel to President Ford, in which the Special\nProsecutor told Buchen that the pre-trial publicity required\na delay of at least 9 to 12 months before a jury could be\nselected and at which he gave Mr. Buchen a list of ten mat-\nters pending before WSPF which \"may prove to have some\nconnection to activities in which Mr. Nixon is personally\ninvolved, 'but as to which WSPF lacked evidence of a probable\ncriminal violation.\nOn September 8, President Ford pardoned Mr. Nixon. On\nOctober 12 Special Prosecutor Jaworski wrote Attorney General\nSaxbe a letter accompanying his resignation in which he ex-\nplained his reasons, included in the Report, for not challenging\nthe pardon.\n- 18 -\nIn addition to the 154 pages in the main body of the\nReport summarized above, the Report included 13 appendices.\nThey include a complete status report of all cases handled\nby WSPF up to September 15, 1975, a detailed organizational\nhistory of WSPF, a description of the relationship of the\nSpecial Prosecutor with the Attorney General and with various\nfederal agencies and legislative committees, a detailed\nchronology of Watergate events as they related to WSPF's\nwork, and a comprehensive bibliography of the extensive public\nmaterials relating to matters investigated by WSPF.\nThur sday 2/5/76\n6:05 Ken sent this over. I called to let him know that you\nand Mike had already prepared something and sent it\nto Nessen.\nAt his suggestion, I read the attached to Mike and he\nsaid his recommendation is that we go with what we have.\nTHE WHITE HOUSE\nWASHINGTON\nFebruary 5, 1976\nMEMO FOR:\nPHIL BUCHEN\nFROM:\nKEN LAZARUS\nAttached is a draft response to Church's\nstatement today which is intended for\noral presentation by Nessen. I do not\nbelieve a formal statement should be\ndistributed.\nThe President maintains complete confidence in the\nintegrity of the Attorney General and the professional staff\nof career prosecutors within the Department of Justice to\nconduct whatever investigations or prosecutions are\nappropriate in this area. He also believes this confidence is\nshared by the public at large.\nArticle II of the Constitution places the law enforcement\nfunction within the exclusive province of the Executive Branch.\nIt is thus difficult to envision a statutory or regulatory scheme\nwhich would ensure the fundamental type of \"independence\" urged\nby Senator Church. In this regard, it should be noted that the\nSupreme Court's decision of last week on the constitutionality\nof the Federal Election Commission represents a strong\nreaffirmation of the President's appointment powers with respect\nto law enforcement officials under our Constitutional system.\nThe Court's reasoning is instructive regarding the appointment\nof any \"special prosecutor\".\nFurther comment must be reserved until such time as a\nconcrete proposal is presented for review.\nTORD\nSTATE\nWATERGATE SPECIAL PROSECUTION FORCE\nUnited States Department of Justice\n315 9th Street, N.W.\nWashington, D.C. 20530\nMarch 25, 1976\nR. Stan Mortenson, Esq.\nMiller, Cassidy, Larroca & Lewin\n2555 M Street, N. W.\nWashington, D. C. 20037\nDear Mr. Mortenson:\nIn accordance with the ongoing agreement between\nthe Special Prosecutor and Counsel to the President, I\nam requesting that there be made available to this office\ncopies of the Presidential Daily Diaries for the periods\ndesignated in the attachment to this letter. Access to\nthe designated portions of the diaries is important to\na full and fair resolution of investigations now being\nconducted by this office.\nI would appreciate it if this matter could be\nhandled as expeditiously as possible, and if you have\nany questions, do not hesitate to get in touch with me.\nSincerely,\nCHARLES F. C. RUFF\nSpecial Prosecutor\nCC: Dr. James E. O'Neill\nDeputy Archivist\nPhilip W. Buchen, Esq.\nCounsel to the President\nin STREET LIBRARY\nBICENTENNAL\nREVOLUTION\n1/76-1376\nAMERICANA\nLIST OF PRESIDENTIAL DAILY DIARIES\nREQUESTED BY LETTER OF MARCH 25, 1976\n1. Those portions of the diaries covering the period\nFebruary 3rd through February 7, 1972, but limited\nto the times when Mr. Nixon was present in Key\nBiscayne, Florida, and covering the period\nFebruary 10 to February 13, 1972, limited to the\ntimes when Mr. Nixon was present either in Key\nBiscayne, Florida, or the Grand Cay Islands, or\nin transit between those two locations.\n2. Those portions of the Presidential Daily Diaries\ncovering the period October 8, 1973, to October 26,\n1973, but limited to those times at which Mr. Nixon\nwas outside the White House and the Executive\nOffice Building.\n3. Those portions of the Presidential Daily Diaries\ncovering the period November 8 to November 12, 1972,\nand the period November 29 to December 4, 1972."
}