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Nixon - Papers Agreement, 9/06/1974
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Nixon - Papers Agreement, 9/06/1974
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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General Services Administration. (07/01/1949 - )
Nixon, Richard M. (Richard Milhous), 1913-1994
Law and legislation
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The original documents are located in Box 28, folder "Nixon - Papers Agreement,
9/06/1974" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 28 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
Thursday 9/5/74
3:50 Advised the Military Aide's office (Marty) that
they should have Mr. Miller picked up at
4:15 af the Embassy Row Hotel.
Called Signal and then got through to Col. Brennan
and he will get reservations for the two (separate
rooms) at the San Clemente Inn.
LIBERTY GERALD ? FORD
Thursday 9/5/74
3:45 Becker:
Mr. Miller wants you to call him about the
"staying overnight" bit.
293-6400
Also, Military Aide's office said if you
plan to stay overnight, we should call Signal
and then ask for San Clemente Board and ask
for Colonel Brennan -- requesting accommodations
for the two of you overnight.
Shall I do that for you?
FORD it LIBRARY OFRATO
Thursday 9/5/74
3:00 Benton:
The car will pick you up at 4:30 at West Basement.
The plane will have to depart from California
prior to midnight (California time) ---- or the
crew will be under orders to stay overnight
(regulations).
So if your meeting makes it impossible to depart
before that, you should plan accordingly.
LIBRARY GERALD 9. FORD
Mr. Herbert (Jack) Miller
299-9472
10600 River Road
Potomac, Maryland
It's a farm -- house sits back from the road and is called
Trespassers W
Car will pick him up at 4:15 at his home
THE WHITE HOUSE
WASHINGTON
9/5/74
2:00 p. m.
Marti McAllister in the Military Office
is asking the name of the gentleman
going with you to El Toro tonight?
Is it Benton?
Is he also coming back with you
tomorrow?
FORD & 07VUER LIBRARY
Nixon, et al. V. Sampson, et al.
C.A. 74-1518 and C.A. 74-1533
Extra copies of September 6, 1974, agreement between
Richard Nixon and Arthur Sampson and first draft,
which are in the files of Philip W. Buchen, Counsel to
the President
START a. FORD LIBRAB
September 6, 1974
Honorable Arthur F. Sampson
Administrator
General Services Administration
Washington, D. C.
Dear Mr. Sampson:
In keeping with the tradition established by other former
Presidents, it is my desire to donate to the United States, at a future
date, a substantial portion of my Presidential materials which are of
historical value to our Country. In donating these Presidential
materials to the United States, it will be my desire that they be made
available, with appropriate restrictions, for research and study.
In the interim, so that my materials may be preserved,
I offer to transfer to the Administrator of General Services (the
"Administrator"), for deposit, pursuant to 44 U.S. C. Section 2101,
et seq., all of my Presidential historical materials as defined in
44 U.S. C. Section 2101 (hereinafter "Materials"), which are located
within the metropolitan area of the District of Columbia, subject to
the following:
1.
The Administrator agrees to accept solely for
the purpose of deposit the transfer of the Materials,
and in so accepting the Materials agrees to abide
by each of the terms and conditions contained herein.
2.
In the event of my death prior to the expiration of
the three-year time period established in para-
graph 7A hereof, the terms and conditions contained
herein shall be binding upon and inure to the benefit
of the executor of my estate for the duration of
said period.
3.
I retain all legal and equitable title to the Materials,
including all literary property rights.
GERALD FORD LIBRARY
- 2 -
4.
The Materials shall, upon acceptance of this
offer by the Administrator, be deposited
temporarily in an existing facility belonging
to the United States, located within the State
of California near my present residence. The
Materials shall remain deposited in the temporary
California facility until such time as there may be
established, with my approval, a permanent
Presidential archival depository as provided for
in 44 U.S.C. Section 2108.
5.
The Administrator shall provide in such
temporary depository and in any permanent
Presidential archival depository reasonable
office space for my personal use in accordance
with 44 U.S. C. Section 2108 (f). The Materials
in their entirety shall be deposited within such
office space in the manner described in para-
graph 6 hereof.
6.
Within both the temporary and any permanent
Presidential archival depository, all of the
Materials shall be placed within secure storage
areas to which access can be gained only by use
of two keys. One key, essential for access, shall
be given to me alone as custodian of the Materials.
The other key may be duplicated and entrusted by
you to the Archivist of the United States or to
members of his staff.
7.
Access to the Materials within the secure areas,
with the exception of recordings of conversations
in the White House and the Executive Office
Building which are governed by paragraphs 8 and 9
hereof, shall be as follows:
LIBRARY GERALD : FORD
- 3 -
A.
For a period of three years from the date
of this instrument, I agree not to withdraw
from deposit any originals of the Materials,
except as provided in subparagraph B below
and paragraph 10 herein. During said three-
year period, I may make reproductions of
any of the originals of the Materials and
withdraw from deposit such reproductions
for any use I may deem appropriate. Except
as provided in subparagraph B below, access
to the Materials shall be limited to myself,
and to such persons as I may authorize from
time to time in writing, the scope of such
access to be set forth by me in each said
written authorization. Any request for
access to the Materials made to the Administra-
tor, the Archivist of the United States or any
member of their staffs shall be referred to me.
After three years I shall have the right to
withdraw from deposit without formality any
or all of the Materials to which this paragraph
applies and to retain such withdrawn Materials
for any purpose or use I may deem appropriate,
including but not limited to reproduction,
examination, publication or display by myself
or by anyone else I may approve.
B.
In the event that production of the Materials
or any portion thereof is demanded by a
subpoena or other order directed to any
official or employee of the United States,
the recipient of the subpoena or order shall
immediately notify me so that I may respond
thereto, as the owner and custodian of the
Materials, with sole right and power of access
thereto and, if appropriate, assert any privilege
or defense I may have. Prior to any such
production, I shall inform the United States
so it may inspect the subpoenaed materials
and determine whether to object to its pro-
duction on grounds of national security or
any other privilege.
FORDO a CERALD LIBRARY
- 4 -
8.
The tape recordings of conversations in the
White House and Executive Office Building
which will be deposited pursuant to this
instrument shall remain on deposit until
September 1, 1979. I intend to and do hereby
donate to the United States, such gift to be
effective September 1, 1979, all of the tape
recordings of conversations in the White House
and Executive Office Building conditioned however
on my continuing right of access as specified in
paragraph 9 hereof and on the further condition
that such tapes shall be destroyed at the time of
my death or on September 1, 1984, whicheyer
event shall first occur. Subsequent to
September 1, 1979 the Administrator shall
destroy such tapes as I may direct. I impose
this restriction as other Presidents have before
me to guard against the possibility of the tapes
being used to injure, embarrass, or harass any
person and properly to safeguard the interests of
the United States.
9.
Access to recordings of conversations in the
White House and Executive Office Building within
the secure areas shall be restricted as follows:
A.
I agree not to withdraw from deposit any
originals of the Materials, except as
provided in subparagraph B and paragraph 10
below, and no reproductions shall be made
unless there is mutual agreement. Access
to the tapes shall be limited to myself, and
to such persons as I may authorize from
time to time in writing, the scope of such
access to be set forth by me in each said
written authorization. No person may
listen to such tapes without my written
prior approval. I reserve to myself such
literary use of the information on the tapes.
B.
In the event that production of the Materials
or any portion thereof is demanded by a
subpoena or other order directed to any
official or employee of the United States,
-5-
the recipient of the subpoena or order
shall immediately notify me so that I
may respond thereto, as the owner and
custodian of the Materials, with sole right
and power of access thereto and, if appro-
priate, assert any privilege or defense I
may have. Prior to any such production,
I shall inform the United States so it may
inspect the subpoenaed materials and
determine whether to object to its pro-
duction on grounds of national security
or any other privilege.
10.
The Administrator shall arrange and be responsible
for the reasonable protection of the Materials from
loss, destruction or access by unauthorized persons,
and may upon receipt of an appropriate written
authorization from the Counsel to the President
provide for a temporary re-deposit of certain of
the Materials to a location other than the existing
facility described in paragraph 4 herein, provided
however that no dimunition of the Administrator's
responsibility to protect and secure the Materials
from loss, destruction, unauthorized copying or
access by unauthorized persons is affected by said
temporary re-deposit.
11.
From time to time as I deem appropriate, I intend
to donate to the United States certain portions of
the Materials deposited with the Administrator
pursuant to this agreement, such donations to be
accompanied by appropriate restrictions as authorized
by 44 U.S.C. Section 2107. However, prior to such
donation, it will be necessary to review the Materials
to determine which of them should be subject to
restriction, and the nature of the restrictions to be
imposed. This review will require a meticulous,
thorough, time-consuming analysis. If necessary
to fulfill this task, I will request that you designate
certain members of the Archivist's staff to assist
in this review under my direction.
FORD
- 6 -
If you determine that the terms and conditions set
forth above are acceptable for the purpose of governing the
establishment and maintenance of a depository of the Materials
pursuant to 44 U.S. C. Section 2101 and for accepting the
irrevocable gift of recordings of conversations after the specified
five year period for purposes as contained in paragraph 8 herein,
please indicate your acceptance by signing the enclosed copy of
this letter and returning it to me. Upon your acceptance we both
shall be bound by the terms of this agreement.
Sincerely,
144
Octhon Arthur F. Sampson
Accepted by:
Administrator
General Services Administration
? à OFFICE LIBRARY
LAW OFFICES
MILLER, CASSIDY, LARROCA & LEWIN
1320 19TH STREET. N.W. - SUITE 500
WASHINGTON. D. C. 20036
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
October 15, 1974
WILLIAM H. JEFFRESS. JR.
THOMAS D. ROWE. JR.
A. RAYMOND RANDOLPH. JR.
R. STAN MORTENSON
Arthur F. Sampson
Administrator
General Services Administration
Washington, D. C.
Dear Mr. Sampson:
Since the execution of the depository agreement
of September 6, 1974 relating to certain presidential
materials of former President Nixon, there has been much
public discussion of the terms and conditions set forth in
that agreement. One that has raised much concern is that
provision relating to the destruction of the tape recorded
conversations. Various persons have evidently misinterpret-
ed the provisions as requiring the destruction of the tape
recordings at the time of the former President's death or
September 1, 1984, whichever event first occurs, even if
the death of the former President occurs within the next
several years.
You will recall that the depository agreement
provides that the tape recorded conversations shall remain
on deposit until September 1, 1979 and may not be removed
by the former President or any other person without legal
process prior to that date. Thereafter, the recordings
become the property of the United States upon the conditions
that the former President may designate destruction of
specific recordings and that all of the recordings will be
destroyed at the time of his death or September 1, 1984,
whichever shall first occur.
FORD
Arthur F. Sampson
Page Two
October 15, 1974
This letter will serve to inform you of the
former President's understanding with respect to this
provision. Your actions in accordance with this under-
standing are therefore acceptable as originally agreed.
Sincerely,
WeShith
CC: Mr. Philip Buchen
Mr. William Casselman
TORD
LIBRAST
LAW OFFICES
MILLER, CASSIDY, LARROCA & LEWIN
1320 19TH STREET. N.W. - SUITE 500
WASHINGTON. D. C. 20036
material
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
October 15, 1974
WILLIAM H. JEFFRESS. JR.
THOMAS D. ROWE. JR.
A. RAYMOND RANDOLPH. JR.
R. STAN MORTENSON
Arthur F. Sampson
Administrator
General Services Administration
Washington, D. C.
Dear Mr. Sampson:
Since the execution of the depository agreement
of September 6, 1974 relating to certain presidential
materials of former President Nixon, there has been much
public discussion of the terms and conditions set forth in
that agreement. One that has raised much concern is that
provision relating to the destruction of the tape recorded
conversations. Various persons have evidently misinterpret-
ed the provisions as requiring the destruction of the tape
recordings at the time of the former President's death or
September 1, 1984, whichever event first occurs, even if
the death of the former President occurs within the next
several years.
You will recall that the depository agreement
provides that the tape recorded conversations shall remain
on deposit until September 1, 1979 and may not be removed
by the former President or any other person without legal
process prior to that date. Thereafter, the recordings
become the property of the United States upon the conditions
that the former President may designate destruction of
specific recordings and that all of the recordings will be
destroyed at the time of his death or September 1, 1984,
whichever shall first occur.
TORD
Arthur F. Sampson
Page Two
October 15, 1974
This letter will serve to inform you of the
former President's understanding with respect to this
provision. Your actions in accordance with this under-
standing are therefore acceptable as originally agreed.
Sincerely,
WeShitt
CC: Mr. Philip Buchen
Mr. William Casselman
FORD is LIBRARY 070839
September 6, 1974
Honorable Arthur F. Sampson
Administrator
General Services Administration
Washington, D. C.
Dear Mr. Sampson:
In keeping with the tradition established by other former
Presidents, it is my desire to donate to the United States, at a future
date, a substantial portion of my Presidential materials which are of
historical value to our Country. In donating these Presidential
materials to the United States, it will be my desire that they be made
available, with appropriate restrictions, for research and study.
In the interim, so that my materials may be preserved,
I offer to transfer to the Administrator of General Services (the
"Administrator"), for deposit, pursuant to 44 U.S. C. Section 2101,
et seq., all of my Presidential historical materials as defined in
44 U.S. C. Section 2101 (hereinafter "Materials"), which are located
within the metropolitan area of the District of Columbia, subject to
the following:
1.
The Administrator agrees to accept solely for
the purpose of deposit the transfer of the Materials,
and in so accepting the Materials agrees to abide
by each of the terms and conditions contained herein.
2.
In the event of my death prior to the expiration of
the three-year time period established in para-
graph 7A hereof, the terms and conditions contained
herein shall be binding upon and inure to the benefit
of the executor of my estate for the duration of
said period.
3.
I retain all legal and equitable title to the Materials,
including all literary property rights.
- 2 -
4.
The Materials shall, upon acceptance of this
offer by the Administrator, be deposited
temporarily in an existing facility belonging
to the United States, located within the State
of California near my present residence. The
Materials shall remain deposited in the temporary
California facility until such time as there may be
established, with my approval, a permanent
Presidential archival depository as provided for
in 44 U.S.C. Section 2108.
5.
The Administrator shall provide in such
temporary depository and in any permanent
Presidential archival depository reasonable
office space for my personal use in accordance
with 44 U.S. C. Section 2108 (f). The Materials
in their entirety shall be deposited within such
office space in the manner described in para-
graph 6 hereof.
6.
Within both the temporary and any permanent
Presidential archival depository, all of the
Materials shall be placed within secure storage
areas to which access can be gained only by use
of two keys. One key, essential for access, shall
be given to me alone as custodian of the Materials.
The other key may be duplicated and entrusted by
you to the Archivist of the United States or to
members of his staff.
7.
Access to the Materials within the secure areas,
with the exception of recordings of conversations
in the White House and the Executive Office
Building which are governed by paragraphs 8 and 9
hereof, shall be as follows:
- 3 -
A.
For a period of three years from the date
of this instrument, I agree not to withdraw
from deposit any originals of the Materials,
except as provided in subparagraph B below
and paragraph 10 herein. During said three-
year period, I may make reproductions of
any of the originals of the Materials and
withdraw from deposit such reproductions
for any use I may deem appropriate. Except
as provided in subparagraph B below, access
to the Materials shall be limited to myself,
and to such persons as I may authorize from
time to time in writing, the scope of such
access to be set forth by me in each said
written authorization. Any request for
access to the Materials made to the Administra-
tor, the Archivist of the United States or any
member of their staffs shall be referred to me.
After three years I shall have the right to
withdraw from deposit without formality any
or all of the Materials to which this paragraph
applies and to retain such withdrawn Materials
for any purpose or use I may deem appropriate,
including but not limited to reproduction,
examination, publication or display by myself
or by anyone else I may approve.
B.
In the event that production of the Materials
or any portion thereof is demanded by a
subpoena or other order directed to any
official or employee of the United States,
the recipient of the subpoena or order shall
immediately notify me so that I may respond
thereto, as the owner and custodian of the
Materials, with sole right and power of access
thereto and, if appropriate, assert any privilege
or defense I may have. Prior to any such
production, I shall inform the United States
so it may inspect the subpoenaed materials
and determine whether to object to its pro-
duction on grounds of national security or
any other privilege.
- 4 -
8.
The tape recordings of conversations in the
White House and Executive Office Building
which will be deposited pursuant to this
instrument shall remain on deposit until
September 1, 1979. I intend to and do hereby
donate to the United States, such gift to be
effective September 1, 1979, all of the tape
recordings of conversations in the White House
and Executive Office Building conditioned however
on my continuing right of access as specified in
paragraph 9 hereof and on the further condition
that such tapes shall be destroyed at the time of
my death or on September 1, 1984, whichever
event shall first occur. Subsequent to
September 1, 1979 the Administrator shall
destroy such tapes as I may direct. I impose
this restriction as other Presidents have before
me to guard against the possibility of the tapes
being used to injure, embarrass, or harass any
person and properly to safeguard the interests of
the United States.
9.
Access to recordings of conversations in the
White House and Executive Office Building within
the secure areas shall be restricted as follows:
A.
I agree not to withdraw from deposit any
originals of the Materials, except as
provided in subparagraph B and paragraph 10
below, and no reproductions shall be made
unless there is mutual agreement. Access
to the tapes shall be limited to myself, and
to such persons as I may authorize from
time to time in writing, the scope of such
access to be set forth by me in each said
written authorization. No person may
listen to such tapes without my written
prior approval. I reserve to myself such
literary use of the information on the tapes.
B.
In the event that production of the Materials
or any portion thereof is demanded by a
subpoena or other order directed to any
official or employee of the United States,
-5-
the recipient of the subpoena or order
shall immediately notify me so that I
may respond thereto, as the owner and
custodian of the Materials, with sole right
and power of access thereto and, if appro-
priate, assert any privilege or defense I
may have. Prior to any such production,
I shall inform the United States so it may
inspect the subpoenaed materials and
determine whether to object to its pro-
duction on grounds of national security
or any other privilege.
10.
The Administrator shall arrange and be responsible
for the reasonable protection of the Materials from
loss, destruction or access by unauthorized persons,
and may upon receipt of an appropriate written
authorization from the Counsel to the President
provide for a temporary re-deposit of certain of
the Materials to a location other than the existing
facility described in paragraph 4 herein, provided
however that no dimunition of the Administrator's
responsibility to protect and secure the Materials
from loss, destruction, unauthorized copying or
access by unauthorized persons is affected by said
temporary re-deposit.
11.
From time to time as I deem appropriate, I intend
to donate to the United States certain portions of
the Materials deposited with the Administrator
pursuant to this agreement, such donations to be
accompanied by appropriate restrictions as authorized
by 44 U.S. C. Section 2107. However, prior to such
donation, it will be necessary to review the Materials
to determine which of them should be subject to
restriction, and the nature of the restrictions to be
imposed. This review will require a meticulous,
thorough, time-consuming analysis. If necessary
to fulfill this task, I will request that you designate
certain members of the Archivist's staff to assist
in this review under my direction.
- 6 -
If you determine that the terms and conditions set
forth above are acceptable for the purpose of governing the
establishment and maintenance of a depository of the Materials
pursuant to 44 U.S. C. Section 2101 and for accepting the
irrevocable gift of recordings of conversations after the specified
five year period for purposes as contained in paragraph 8 herein,
please indicate your acceptance by signing the enclosed copy of
this letter and returning it to me. Upon your acceptance we both
shall be bound by the terms of this agreement.
Sincerely,
Octhon Arthur F. Sampson
Accepted by:
Administrator
General Services Administration
FOR IMMEDIATE RELEASE
SEPTEMBER 8, 1974
Office of the White House Press Secretary
THE WHITE HOUSE
TEXT OF A LETTER FROM RICHARD NIXON
TO ARTHUR F. SAMPSON, ADMINISTRATOR
GENERAL SERVICES ADMINISTRATION
September 6, 1974
Honorable Arthur F. Sampson
Administrator
General Services Administration
Washington, D.C.
Dear Mr. Sampson:
In keeping with the tradition established by other former Presidents, it is
my desire to donate to the United States, at a future date, a substantial portion
of my Presidential materials which are of historical value to our Country.
In donating these Presidentil materials to the United States, it will be my
desire that they be made available, with appropriate restrictions for research
and study.
In the interim, so that my materials may be preserved, I offer to transfer to
the Administrator of General Services (the "Administrator"), for deposit,
pursuant to 44 U.S.C. Section 2101, et seq., all of my Presidential historical
materials as defined in 44 U.S.C. Section 2101 (hereinafter "Materials"),
which are located within the metropolitan area of the District of Columbia,
subject to the following:
1. The Administrator agrees to accept solely for the purpose
of deposit the transfer of the Materials, and in so accepting
the Materials agrees to abide by each of the terms and
conditions contained herein.
2. In the event of my death prior to the expiration of the three-
year time period established in paragraph 7A hereof, the terms
and conditions contained herein shall be binding upon and inure
to the benefit of the executor of my estate for the duration of
said period.
3. I retain all legal and equitable title to the Materials, including
all literary property rights.
4. The Materials shall, upon acceptance of this offer by the Admin-
istrator, be deposited temporarily in an existing facility belonging
to the United States, located within the State of California near
my present residence. The Materials shall remain deposited in
the temporary California facility until such time as there may be
established, with my approval, a permanent Presidential archival
depository as provided for in 44 U.S.C. Section 2108.
5. The Administrator shall provide in such temporary depository
and in any permanent Presidential archival depository reasonable
office space for my personal use in accordance with 44 U.S.C.
Section 2108 (f). The Materials in their entirety shall be deposited
within such office space in the manner described in paragraph 6
hereof.
LIBRAR
MORE
-2-
6. Within both the temporary and any permanent Presidential
archival depository, all of the Materials shall be placed within
secure storage areas to which access can be gained only by
use of two keys. One key, essential for access, shall be given
to me alone as custodian of the Materials. The other key
may be duplicated and entrusted by you to the Archivist of the
United States or to members of his staff.
7. Access to the Materials within the secure areas, with the
exception of recordings of conversations in the White House
and the Executive Office Building which are governed by
paragraphs 8 and 9 hereof, shall be as follows:
A. For a period of three years from the date of this instru-
ment, I agree not to withdraw from deposit any originals
of the Materials, except as provided in subparagraph B
below and paragraph 10 herein. During said three-year
period, I may make reproductions of any of the originals
of the Materials and withdraw from deposit such reproductions
for any use I may deem appropriate. Except as provided
in subparagraph B below, access to the Materials shall be
limited to myself, and to such persons as I may authorize
from time to time in writing, the scope of such access to
be set forth by me in each said written authorization.
Any request for access to the Materials made to the Admin-
istrator, the Archivist of the United States or any member
of their staffs shall be referred to me. After three years
I shall have the right to withdraw from deposit without
formality any or all of the Materials to which this paragraph
applies and to retain such withdrawn Materials for any
purpose or use I may deem appropriate, including but not
limited to reproduction, examination, publication or display
by myself or by anyone else I may approve.
B. In the event that production of the Materials or any portion
thereof is demanded by a subpoena or other order directed
to any official or employee of the United States, the recipient
of the subpoena or order shall immediately notify me so that
I may respond thereto, as the owner and custodian of the
Materials, with sole right and power of access thereto and,
if appropriate, assert any privilege or defense I may have.
Prior to any such production, I shall inform the United
States so it may inspect the subpoenaed materials and
determine whether to object to its production on grounds
of national security or any other privilege.
8. The tape recordings of conversations in the White House and
Executive Office Building which will be deposited pursuant to
this instrument shall remain on deposit until September 1,
1979. I intend to and do hereby donate to the United States, such
gift to be effective September 1, 1979, all of the tape recordings
of conversations in the White House and Executive Office
Building conditioned however on my continuing right or access
as specificed in paragraph 9 hereof and on the further
condition that such tapes shall be destroyed at the time of
my death or on September 1, 1984, whichever event shall
first occur. Subsequent to September 1, 1979 the Adminis-
trator shall destroy such tapes as I .may direct. I impose
this restriction as other Presidents have before me to guard
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against the possibility of the tapes being used to injure,
embarrass, or harass any person and properly to safeguard
the interests of the United States.
9. Access to recordings of conversations in the White House and
Executive Office Building within the secure areas shall be
restricted as follows:
A. I agree not to withdraw from deposit any originals of
the Materials, except as provided in subparagraph B
and paragraph 10 below, and no reproductions shall
be made unless there is mutual agreement. Access
to the tapes shall be limited to myself, and to such
persons as I may authorize from time to time in writing,
the scope of such access to be set forth by me in each said
written authorization. No person may listen to such tapes
without my written prior approval. I reserve to myself
such literary use of the Information on the tapes.
B. In the event that production of the Materials or any
portion thereof is demanded by a subpoena or other
order directed to any official or employee of the United
States, the recipient of the subpoena or order shall
immediately notify me so that I may respond thereto,
as the owner and custodian of the Materials, with sole
right and power of access thereto and, if appropriate,
assert any privilege or defense I may have. Prior to
any such production, I shall inform the United States
so it may inspect the subpoenaed materials and determine
whether to object to its production on grounds of national
security or any other privilege.
10. The Administrator shall arrange and be responsible for the
reasonable protection of the Materials from loss, destruction
or access by unauthorized persons, and may upon receipt of
any appropriate written authorization from the Counsel tothe
President provide for a temporary re-deposit of certain of the
Materials to a location other than the existing facility
described in paragraph 4 herein, provided however that no
dimunition of the Administrator's responsibility to protect
and secure the Materials from loss, destruction, unauthorized
copying or access by unauthorized persons is affected by said
temporary re-deposit.
11. From time to time as I deem approprirate, I intend to
donate to the United States certain portions of the Materials
deposited with the Administrator pursuant to this agreement,
such donations to be accompanied by appropri
restrictions
as authorized by 44 U.S.C. Section 2107. However, prior to
such donation, it will be necessary to review the Materials to
determine which of them should be subject to restriction, and
the nature of the restri ctions to be imposed. This review
will require a meticulous, thorough, time-consuming analysis.
If necessary to fulfill this task, I will request that you designate
certain members of the Archivist's staff to assistin this review
under my direction.
If you determine that the terms and conditions set forth above are acceptable
for the purpose of governing the establishment and maintenance of a depository
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of the Materials pursuant to 44 U.S. C. Section 2101 and for accepting the
irrevocable gift of recordings of conversations after the specified five year
period for purposes as contained in paragraph 8 herein, please indicate your
acceptance by signing the enclosed copy of this letter and returning it
to me. Upon your acceptance we both shall be bound by the terms of this
agreement.
Sincerely,
/8/ Richard Nixon
Accepted by:
Arthur F. Sampson
/8/ Arthur F. Sampson
Administrator
9/7/74
General Services Administration
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