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{
    "localId": "4520678",
    "label": "Nixon - Papers Court Cases - U.S. v. Mitchell",
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    "id": "4520678",
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    "contentType": "document",
    "title": "Nixon - Papers Court Cases - U.S. v. Mitchell",
    "citationUrl": "https://catalog.archives.gov/id/4520678",
    "collections": [
        "Philip W. Buchen Files",
        "Philip Buchen's General Subject Files"
    ],
    "subjects": [
        "Nixon, Richard M. (Richard Milhous), 1913-1994",
        "Employees",
        "Courts",
        "Watergate Affair, 1972-1974"
    ],
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        "logicalDate": "1974-12-01",
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        "year": 1974
    },
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        "logicalDate": "1974-08-01",
        "month": 8,
        "year": 1974
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    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0019/574067/Batch0002/38-0019-f-4520678.pdf",
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    "ocrText": "The original documents are located in Box 30, folder \"Nixon - Papers Court Cases - U.S. V.\nMitchell\" of the Philip Buchen 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 Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain.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 30 of the Philip Buchen Files at the Gerald R. Ford Presidential Library\nTHE WHITE HOUSE\nWASHINGTON\nAugust 23, 1974\nMEMORANDUM FOR:\nPHILIP BUCHEN\nFROM:\nJEAN STAUDT Than Shand\nAttorney, Office of the Special Counsel\nSUBJECT:\nTrial of September 30th, 1974\n(Cover-up trial)\nI have been requested by the Honorable Judge John J. Sirica to\nattend a pretrial conference in chambers on Wednesday,\nAugust 28th, at 10:00 a.m. with the Special Prosecutor and\nall defendants involved in the upcoming trial of September 30th,\n1974. Although there appears to be very few matters which\ndirectly or indirectly will involve the White House, the Judge\nhas particularly requested I inform him at that time of the\nWhite House policy concerning the defendants' request for access\nto their personal files if at all possible. If you feel that it is\nappropriate for me to attend in order to respond to this and any\nother procedural issues which may be raised, I would appreciate\nmeeting with you at your convenience to discuss these matters.\nAs to the January 5th, 1973 tape that we briefly discussed by tele-\nphone on August 22nd, 1974, the Judge has delayed his decision\nuntil Monday, August 26th, 1974. I will apprise you of that decision\nas soon as I hear from the court.\nFORD is LIBRARY GREATO\nUnited States District Court\nfor the District of Columbia\nThambers of\nJudge John J. Sirica\nSeptember 6, 1974\nDr. Richard H. Bolt\nBolt, Beranek & Newman, Inc.\n50 Moulton Street\nCambridge, Massachusetts 02138\nDear Dr. Bolt:\nThe Court has determined that the Advisory Panel on\nWhite House Tapes, on which you have served, will be disbanded\neffective this date. This action releases you from any further\nobligation to the Court and from any restrictions placed upon you\nby the Court during the course of your service. However, for\nthe sake of caution, the Court urges that you refrain from\npublic comment about the Panel's work until after a jury has\nbeen sequestered in the \"Watergate cover-up case. The Court\nand Administrative Office of the United States Courts are re-\nleased from further financial or other obligations to members\nof the Panel or their agents. I am advised by the Administrative\nOffice that it will attempt to satisfy the unpaid invoices now in\nhand.\nThe Court expresses its appreciation to you for your\nthe\nwork on the Panel and for your willingness to make the personal\nsacrifices that this assignment has entailed.\nWith kindest regards and best wishes,\nSincere\nSincerel John Jusirica yours,\nCC: Philip W. Buchen, Esq.\nLeon Jaworski, Esq.\nMr. Edward V. Garabedian,\nAdministrative Office of the\nUnited States Courts\nFORD i LIBRARY DERALD\nUnited States District Court\nfor the District of Columbia\nChambers of\nJudge John J. Sirica\nSeptember 6, 1974\nDr. Thomas G. Stockham, Jr.\nMEB - 3160\nUniversity of Utah\nSalt Lake City, Utah 84108\nDear Dr. Stockham:\nThe Court has determined that the Advisory Panel\non White House Tapes, on which you have served, will be\ndisbanded effective this date. This action releases you\nfrom any further obligation to the Court and from any\nrestrictions placed upon you by the Court during the course\nof your service. However, for the sake of caution, the\nCourt urges that you refrain from public comment about the\nPanel's work until after a jury has been sequestered in the\n\"Watergate cover-up case. \" The Court and Administrative\nOffice of the United States Courts are released from further\nfinancial or other obligations to members of the Panel or\ntheir agents. I am advised by the Administrative Office\nthat it will attempt to satisfy the unpaid invoices now in\nhand.\nThe Court expresses its appreciation to you for\nyour work on the Panel and for your willingness to make\nyour\nto\nthe personal sacrifices that this assignment has entailed.\nWith kindest regards and best wishes,\nSincerely\nSincerely Jolin Sirica yours,\nCC: Philip W. Buchen, Esq.\nLeon Jaworski, Esq.\nMr. Edward V. Garabedian,\nAdministrative Office of the\nUnited States Courts\nGERALD FORD VIBRARY\nUnited States District Court\nfor the District of Columbia\nThambers of\nJudge John J. Sirica\nSeptember 6, 1974\nMr. John G. McKnight\n1109 Stafford Drive\nCupertino, California 95014\nDear Mr. McKnight:\nThe Court has determined that the Advisory Panel\non White House Tapes, on which you have served, will be\ndisbanded effective this date. This action releases you\nfrom any further obligation to the Court and from any\nrestrictions placed upon you by the Court during the course\nof your service. However, for the sake of caution, the\nCourt urges that you refrain from public comment about the\nPanel's work until after a jury has been sequestered in the\n\"Watergate cover-up case.\" The Court and Administrative\nOffice of the United States Courts are released from further\nfinancial or other obligations to members of the Panel or\ntheir agents. I am advised by the Administrative Office\nthat it will attempt to satisfy the unpaid invoices now in\nhand.\nThe Court expresses its appreciation to you for\nmake\nyour work on the Panel and for your willingness to make the\npersonal sacrifices that this assignment has entailed.\nWith kindest regards and best wishes,\nSincerely Jolin Sirica yours,\nCC: Philip W. Buchen, Esq.\nLeon Jaworski, Esq.\nMr. Edward V. Garabedian,\nAdministrative Office of the\nUnited States Courts\nFORD\nGERALD\nVIBRANIA\nUnited States District Court\nfor the District of Columbia\nThambers of\nJudge John J. Sirica\nSeptember 6, 1974\nDr. James L. Flanagan\nAcoustics Research Department\nBell Laboratories\n600 Mountain Avenue\nMurray Hill, New Jersey 07974\nDear Dr. Flanagan:\nThe Court has determined that the Advisory Panel\non White House Tapes, on which you have served, will be\ndisbanded effective this date. This action releases you\nfrom any further obligation to the Court and from any\nrestrictions placed upon you by the Court during the course\nof your service. However, for the sake of caution, the\nCourt urges that you refrain from public comment about the\nPanel's work until after a jury has been sequestered in the\n\"Watergate cover-up case.\" The Court and Administrative\nOffice of the United States Courts are released from further\nfinancial or other obligations to members of the Panel or\ntheir agents. I am advised by the Administrative Office\nthat it will attempt to satisfy the unpaid invoices now in\nhand.\nThe Court expresses its appreciation to you for\nyour work on the Panel and for your willingness to make. the\npersonal sacrifices that this assignment has entailed.\nWith kindest regards and best wishes,\nSincerely John Sirica yours,\nCC: Philip W. Buchen, Esq.\nLeon Jaworski, Esq.\nMr. Edward V. Garabedian,\nAdministrative Office of the\nUnited States Courts\nUnited States District Court\nfor the District of Columbia\nThambers of\nJudge John J. Sirica\nSeptember 6, 1974\nDr. Franklin Cooper\nHaskins Laboratories\n270 Crown Street\nNew Haven, Connecticut 06510\nDear Dr. Cooper:\nThe Court has determined that the Advisory Panel\non White House Tapes, on which you have served, will be\ndisbanded effective this date. This action releases you\nfrom any further obligation to the Court and from any\nrestrictions placed upon you by the Court during the course\nof your service. However, for the sake of caution, the\nCourt urges that you refrain from public comment about the\nPanel's work until after a jury has been sequestered in the\n\"Watergate cover-up case.\" The Court and Administrative\nOffice of the United States Courts are released from further\nfinancial or other obligations to members of the Panel or\ntheir agents. I am advised by the Administrative Office\nthat it will attempt to satisfy the unpaid invoices now in\nhand.\nThe Court expresses its appreciation to you for\nyour work on the Panel and for your willingness to make the\npersonal sacrifices that this assignment has entailed.\nWith kindest regards and best wishes,\nSincerely John G Sirica yours,\nCC: Philip W. Buchen, Esq.\nLeon Jaworski, Esq.\nMr. Edward V. Garabedian,\nAdministrative Office of the\nFOSO VIBRARY\nUnited States, Courts\nUnited States District Court\nfor the District of Columbia\nThambers of\nJudge John 3. Sirica\nSeptember 6, 1974\nMr. Mark Weiss\nNicolet Scientific Corporation\n245 Livingston Street\nNorthvale, New Jersey 07647\nDear Mr. Weiss:\nThe Court has determined that the Advisory Panel\non White House Tapes, on which you have served, will be\ndisbanded effective this date. This action releases you\nfrom any further obligation to the Court and from any\nrestrictions placed upon you by the Court during the course\nof your service. However, for the sake of caution, the\nCourt urges that you refrain from public comment about the\nPanel's work until after a jury has been sequestered in the\n\"Watergate cover-up case.\" The Court and Administrative\nOffice of the United States Courts are released from further\nfinancial or other obligations to members of the Panel or\ntheir agents. I am advised by the Administrative Office\nthat it will attempt to satisfy the unpaid invoices now in\nhand.\nThe Court expresses its appreciation to you for\nyour work on the Panel and for your willingness to make the\npersonal sacrifices that this assignment has entailed.\nWith kindest regards and best wishes,\nSincerely yours\nJohn Sirica\nCC: Philip W. Buchen, Esq.\nLeon Jaworski, Esq.\nFORD\nMr. Edward V. Garabedian,\nAdministrative Office of the\nUnited States Courts\n9/11/74\nSent &\nShip\nUnited States District Court\nfor the District of Cohunbia\nChambers of\nJudge John 3. Sirica\nSeptember 6, 1974\nPhilip W. Buchen, Esq.\nCounsel to the President\nThe White House\nWashington, D.C.\nDear Mr. Buchen:\nEnclosed please find for\nyour files copies of the final\nthree. invoices submitted by the\nCourt Advisory Panel on White\nHouse Tapes. The originals have\nbeen forwarded to the Special\nProsecutor for approval, and\nshould be received in your office\nin the near future for approval.\nSincerely yours,\nTodd Christoffenson\nLaw Clerk\n:\nEnc.\nDepartment\nI\nto,\nHon. Philip Buchen\nof the Treasury\nOffice of the\nroom.\ndate, 9/13/74 General Counsel\nFORD\nRRH\nGeneral Counsel\nRichard R. Albrecht\nroom 3000\next. 2093\nOF\nOFFICE THE TREASURY THE\nTHE GENERAL COUNSEL OF THE TREASURY\nGilly\nWASHINGTON, D.C. 20220\n1789\nSeptember 13, 1974\nRe: U.S. V. Mitchell, et al,\nUnited States District Court\nfor the District of Columbia\nNo. 74-110\nDear Mr. Jaworski:\nI understand that the subpeena in the above matter served on\nH. S. Knight, Director, United States Secret Service, on September 4,\n1974, has been referred to your office for action. This letter will\nconstitute your authorization to represent Mr. Knight in connection\nwith the subpoena and to make an appropriate motion to quash the\nsubpeena.\nSincerely yours,\n(Signed) Richard R. Albrecht\nRichard R. Albrecht\nMr. Leon Jawerski\nWatergate Special Presecutor\n1425 K Street, N. W.\n9th Floor\nWashington, D. C. 20005\nATTN: Mr. Philip Lacovara\nis BERALD\nLAW OFFICES\nROGER J. WHITEFORD 1886-1965\nMARYLAND OFFICE\nRINGGOLD HART 1886-1965\nWHITEFORD, HART, CARMODY & WILSON\n7401 WISCONSIN AVENUE\nJOHN J. CARMODY 1901-1972\nBETHESDA, MARYLAND 20014\nJOHN J. WILSON\n815 FIFTEENTH STREET, NORTHWEST\n301-656-5700\nHARRY L. RYAN, JR.\nJO V. MORGAN, JR.\nFRANK H. STRICKLER\nWASHINGTON, D. C. 20005\nJO V. MORGAN, JR.\nWILLIAM E. ROLLOW\nFRANK H. STRICKLER\nCHARLES J. STEELE\n202-638-0465\nWILLIAM E. ROLLOW\nJOHN J. CARMODY, JR.\nCABLE ADDRESS\nCHARLES J. STEELE\nJAMES EDWARD ABLARD\nKEVIN W. CARMODY\nWHITEHART WASHINGTON\nCOUNSEL\nDONALD L. HERSKOVITZ\nSeptember 27, 1974\nBY HAND\nHon. Philip W. Buchen\nCounsel to the President\nThe White House\nWashington, D.C.\nRe: U.S. V. Mitchell, et al.\nCriminal No. 74-110\nDear Mr. Buchen:\nNow that it appears quite certain that the\n\"Watergate\" trial will begin next week, we would like\nto have some relaxation of the current rules for\nMr. Haldeman to inspect documents in the EOB, as follows:\n1. That Mr. Haldeman will be permitted to make\nnotes.\n2. That one of his attorneys may accompany him\nthere and likewise make notes.\nOf course, Secret Service surveillance would continue as\nheretofore.\nI give you my personal and professional assurance\nthat what we may inspect will not be tampered with in any\nway.\nI have in mind that we may be permitted to visit\nthe EOB for the purpose of such inspection and copying on\nmore than one occasion as necessity requires. Of course,\neach time we would make prior arrangements with\nMr. Casselman, or anyone else whom you may designate.\nI hope that you may find it possible to give our\nrequest favorable consideration.\nWith kindest personal regards, I am\nFORD\nJune Sincerely yours,\nJOHN J. WILSON\n9/27/74\nTo:\nMr. Silberman\nMr. Casselman\nMr. Bushardt\nFrom:\nPhil Buchen\nFORD in 071830\nCan selman\nsillermen\nLAW\nOFFICES\nMARYLAND OFFICE\nNOGOLD HART 1886-1985\nOHN J. CARMODY 1901-1972\nWHITEFORD, HART, CARMODY & WILSON\n7401 WISCONSIN AVENUE\nBETHESDA, MARYLAND 20014\nOHN J. WILSON\n815 FIFTEENTH STREET, NORTHWEST\n301-556-5700\nARRY L. RYAN, JR.\nV. MORGAN, JR.\nRANK H. STRICKLER\nWASHINGTON, D. C. 20005\nJO V. MORGAN, JR.\nILLIAM E. ROLLOW\nFRANK H. STRICKLER\nHARLES J. STEELE\n202-638-0465\nWILLIAM E. ROLLOW\nOHN J. CARMODY, JR.\nCABLE ADDRESS\nCHARLES J. STEELE\nAMES EDWARD ABLARD\nEVIN W. CARMODY\nWHITEHART WASHINGTON\nCOUNSEL\nONALD L. HERSKOVITZ\nSeptember 27, 1974\nBY HAND\nHon. Philip W. Buchen\nCounsel to the President\nThe White House\nWashington, D.C.\nRe: U.S. V. Mitchell, et al.\nCriminal No. 74-110\nDear Mr. Buchen:\nNow that it appears quite certain that the\n\"Watergate\" trial will begin next week, we would like\nto have some relaxation of the current rules for\nMr. Haldeman to inspect documents in the EOB, as follows:\n1. That Mr. Haldeman will be permitted to make\nnotes.\n2. That one of his attorneys may accompany him\nthere and likewise make notes.\nOf course, Secret Service surveillance would continue as\nheretofore.\nI give you my personal and professional assurance\nthat what we may inspect will not be tampered with in any\nway.\nI have in mind that we may be permitted to visit\nthe EOB for the purpose of such inspection and copying on\nmore than one occasion as necessity requires. Of course,\neach time we would make prior arrangements with\nMr. Casselman, or anyone else whom you may designate.\nI hope that you may find it possible to give our\nrequest favorable consideration.\nWith kindest personal regards, I am\nSincerely yours,\nJust JOHN .T MTT SOM\nRead 10-4-74\nspw\nCO-296\nNEW 12/71\nSubpoena to Produce Document or Object\nCr. Form No. 21 (Rev. 10-51)\nUnited States District Court\nFOR THE\nDISTRICT OF COLUMBIA\nUNITED STATES OF AMERICA\nNo.\n74-110\nV.\nJohn N. Mitchell, et al\nTo PHILIP BUCHEN\nThe White House\nWashington, D. C.\nYou are hereby commanded to appear in the United States District Court for the\nDistrict of Columbia\nat John Marshall & Constitution,\nin the city of\nWashington,\non the 1st\nday of October,\n1974 at 9:30 o'clock A. M.\nto testify in the case of United States V. Mitchell, et al,\nand bring with you\nthe documents and tapes described on the attached schedule.\nThis subpoena is issued upon application of the1 Defendant. John D. Ehrlichman.\nSeptember 26, , 1974\nAndrew C. Hall\nJAMES F. DAVEY\nDefendant Ehrlichman\nTwelfth Attorney floor, Concord Building\nfor\n&\n66 West Flagler Street\nBy Robert Clerk.\nMiami, ddress Florida 33130\nDeputy Clerk.\n1 Insert \"United States,\" or \"defendant\" as the case may be.\n(305) 377-0241\nRETURN\nReceived this subpoena at\non\nand on\nat\nserved it on the within named\nby delivering a copy to h\nand tendering to h\nthe fee for one day's attendance and the mile-\nage allowed by law.²\nDated:\n,\n, 19\nBy\n,\nService Fees\nTravel\n$\nServices\nTotal\n$\n2 Fees and mileage need not be tendered to the witness upon service of 2 subposus issued in hohalf of the United States\nor an officer or agency thereof. 28 USC 1825.\n!\nFPI-LK-8-14-62 20M-998\nGERALD\nLIBRAR\nSaturday 10/12/74\n3:20\nJohn Wilson called.\nSaid he may need an\n333-0024\nanswer to the letter he sent to you on 9/27.\nFORD is LIDRARY 03RALD\n9/27/74\nTo:\nMr. Silberman\nMr. Casselman\nMr. Bushardt\nFrom: Phil Buchen\nDERALE FORD LIBRARY\nLAW OFFICES\nROGER J. WHITEFORD 1886-1965\nMARYLAND OFFICE\nRING GOLD HART 1886-1965\nWHITEFORD, HART, CARMODY & WILSON\n7401 WISCONSIN AVENUE\nJOHN J. CARMODY 1901-1972\nBETHESDA, MARYLAND 20014\nJOHN J. WILSON\n815 FIFTEENTH STREET, NORTHWEST\n301-656-5700\nHARRY L. RYAN, JR.\nJO V. MORGAN, JR.\nFRANK H. STRICKLER\nWASHINGTON, D. C. 20005\nJO V. MORGAN, JR.\nWILLIAM E. ROLLOW\nFRANK H. STRICKLER\nCHARLES J. STEELE\n202-638-0465\nWILLIAM E. ROLLOW\nJOHN J. CARMODY, JR.\nCABLE ADDRESS\nCHARLES J. STEELE\nJAMES EDWARD ABLARD\nKEVIN W. CARMODY\nWHITEHART WASHINGTON\nCOUNSEL\nDONALD L. HERSKOVITZ\nSeptember 27, 1974\nBY HAND\nHon. Philip W. Buchen\nCounsel to the President\nThe White House\nWashington, D.C.\nRe: U.S. V. Mitchell, et al.\nCriminal No. 74-110\nDear Mr. Buchen:\nNow that it appears quite certain that the\n\"Watergate\" trial will begin next week, we would like\nto have some relaxation of the current rules for\nMr. Haldeman to inspect documents in the EOB, as follows:\n1. That Mr. Haldeman will be permitted to make\nnotes.\n2. That one of his attorneys may accompany him\nthere and likewise make notes.\nOf course, Secret Service surveillance would continue as\nheretofore.\nI give you my personal and professional assurance\nthat what we may inspect will not be tampered with in any\nway.\nI have in mind that we may be permitted to visit\nthe EOB for the purpose of such inspection and copying on\nmore than one occasion as necessity requires. Of course,\neach time we would make prior arrangements with\nMr. Casselman, or anyone else whom you may designate.\nI hope that you may find it possible to give our\nrequest favorable consideration.\nWith kindest personal regards, I am\nGERALD\nSincerely yours\nLIBRARY\nJust JOHN J. WILSON\nTHE WHITE HOUSE\nWASHINGTON\nOctober 15, 1974\nDear Jack:\nJohn Wilson is pressing us for a reply\nto the enclosed letter. Please call me\nand give me your thoughts on the matter.\nSincerely,\nThil\nPhilip W. Buchen\nCounsel to the President\nEnclosure\nMr Herbert J. Miller, Jr.\nMiller, Cassidy, Larroca & Lewin\n1320 19th Street, N. W.\nWashington, D. C.\nLetter Not sent\n3) 2) 10/17 10/17 Pros. had second thought. urbn (Andnon Resolve + call Wibm\n1) No objection from Jack Millers office -caselmon to\n10/16 Caselman asad Spec Pros. who had no objection\n4) All drranged. Spec casselman wrote\nTORO i LIBRARY 038870\nLAW OFFICES\nROGER J. WHITEFORD 1886-1965\nMARYLAND OFFICE\nRINGGOLD HART 1888-1965\nWHITEFORD, HART, CARMODY & WILSON\n7401 WISCONSIN AVENUE\nJOHN J. CARMODY 1901-1972\nBETHESDA, MARYLAND 20014\nJOHN J. WILSON\n815 FIFTEENTH STREET, NORTHWEST\n301-656-5700\nHARRY L. RYAN, JR.\nJO V. MORGAN, JR.\nFRANK H. STRICKLER\nWASHINGTON, D. C. 20005\nJO V. MORGAN, JR.\nWILLIAM E. ROLLOW\nFRANK H. STRICKLER\nCHARLES J. STEELE\n202-638-0465\nWILLIAM E. ROLLOW\nJOHN J. CARMODY, JR.\nCABLE ADDRESS\nCHARLES J. STEELE\nJAMES EDWARD ABLARD\nKEVIN W. CARMODY\nWHITEHART WASHINGTON\nCOUNSEL\nDONALD L. HERSKOVITZ\nSeptember 27, 1974\nBY HAND\nHon. Philip W. Buchen\nCounsel to the President\nThe White House\nWashington, D.C.\nRe: U.S. V. Mitchell, et al.\nCriminal No. 74-110\nDear Mr. Buchen:\nNow that it appears quite certain that the\n\"Watergate\" trial will begin next week, we would like\nto have some relaxation of the current rules for\nMr. Haldeman to inspect documents in the EOB, as follows:\n1. That Mr. Haldeman will be permitted to make\nnotes.\n2. That one of his attorneys may accompany him\nthere and likewise make notes.\nOf course, Secret Service surveillance would continue as\nheretofore.\nI give you my personal and professional assurance\nthat what we may inspect will not be tampered with in any\nway.\nI have in mind that we may be permitted to visit\nthe EOB for the purpose of such inspection and copying on\nmore than one occasion as necessity requires. Of course,\neach time we would make prior arrangements with\nMr. Casselman, or anyone else whom you may designate.\nI hope that you may find it possible to give our\nrequest favorable consideration.\nWith kindest personal regards, I am\nGERALD FORD CLUBARA\nSincerely yours,\nJOHN J. WILSON\nTHE WHITE HOUSE\nWASHINGTON\n10/17/74\nPhil,\nFYI\nBW\nBill Casselman\nfiling\nDor\nN\nFaro LIBRARY is 938870\nOctober 17, 1974\nDear Mr. Kreindler:\nThis is in response to your letter to me of October 9, 1974, requesting\nthe stenographie transcripts of White House press briefings which\nrelate to the so-called Watergate matter.\nEnclosed are copies of the mimsographed transcripts of all White House\npress briefings conducted by then Press Secretary, Ronald Ziegler OF\nhis staff from June 17, 1973 to August 9, 1974, I am advised by the\nPress Office that the actual stenographic transcripts (from which the\nmimsegraph transcripts are made) are part of the records of former\nPresident Nixon which are in the custody of the White House pursuant\nto the September 6 Nison--Sampeen agreement. Accordingly, the\npermission of counsel for the former President would be required\nbefore the actual stenographic transdripts could be turned over to your\nThe enclosed mimeographed transcripts are permanent White House\nrecords within the public demain and include materials unrelated\nto the Watergate matter. It is my understanding from our recent\ntelephone conversations that you will review these transcripts and\ncopy such Watergate-related material as may be required by you,\nand that you will return the original documents to me at your carliest\nconvenience.\nSincerely,\nWilliam E. Casselman II\nCounsel to the President\nPeter M, Kreindler, Esq.\nCounsel to the Special Presecutor\nWatergate Special Prosecution Force\n1425 K Street, N. W.\nWashington, D.C. 20005\nEnclosures\nWEC:bw\nFORDO is LIBRARY GERALD\nWATERGATE SPECIAL PROSECUTION FORCE\nUnited States Department of Justice\n1425 K Street, N.W.\nWashington, D.C. 20005\nOctober 9, 1974\nWilliam Casselman, II, Esq.\nCounsel to the President\nThe White House\nWashington, D. C. 20500\nDear Mr. Casselman:\nIt is our understanding that when Ronald Ziegler\nbriefed the press each day, his remarks were recorded\nby a stenographer. We would appreciate your making\navailable to us, for use in connection with the trial\nof United States V. Mitchell, et al., copies of the\nstenographer's transcripts which relate to the so-called\nWatergate matter.\nSincerely,\nm. Krundle\nPeter M. Kreindler\nCounsel to the Special\nProsecutor\nSIGNARY\nTHE WHITE HOUSE\nWASHINGTON\nOctober 18, 1974\nDear Mr. Miller:\nThis is to notify you that I have been served with the\nattached trial Subpoena duces tecum captioned United\nStates V. John N. Mitchell, et al., D. D.C., Criminal\nNo. 74-110, which was issued upon application of the\nUnited States. Items 1 through 3 of the schedule to\nthe Subpoena were previously requested of you by the\nWatergate Special Prosecution Force in a letter from\nMr. Peter Kreindler dated October 1, 1974. Item 4\nof the schedule was requested of this office in a\nletter to Mr. William Casselman from Mr. Kreindler\ndated October 8, 1974. I understand that the\nProsecution Force has copies of all of the requested\nmaterials.\nResponse by me or any other defendants in Nixon V.\nArthur F. Sampson, et al. to this subpoena is excepted\nfrom your Application for a Temporary Restraining Order\nbecause it involves a subpoena for materials for\nuse in a criminal trial presently in progress.\nPlease be advised that I am arranging to comply with\nthis Subpoena.\nSincerely,\nPhilip W. Buchen\nCounsel to the President\nHerbert J. Miller, Esquire\nMiller Cassidy Larroca & Lewin\n1320 19th Street, N.W.\nSuite 500\nWashington, D.C. 20036\nEnclosure\nC0-296\nNEW 12/71\nSubpoena to Produce Document or Object\nCr. Form No. 21 (Eer. 10-51)\nUnited States District Court\nFOR THE\nDISTRICT OF COLUMBIA\nUNITED STATES OF AMERICA\nCr. No. 74-110\nV.\nJOHN N. MITCHELL, et al.\nPhilip W. Buchen, Esq.\nTo Counsel to the President\nThe White House\nWashington, D. C.\nYou are hereby commanded to appear in the United States District Court for the\nConstitution Avenue and\nDivtrict of Columbia\nat John Marshall Place, N.W. in the city of\nWashington on the 21st day of October\n19 74 at 4:30 : o'clock P.M.\nto testify in the case of United States V. John N. Mitchell, et al. and bring with you\nSee attached schedule.\nThis subpoena is issued upon application of the1 United States.\nOctober 17 , 1974\nLEON JAWORSKI, Special Prosecutor\nJAMES F. DAVEY\nAttorney for United States\n1425 K Street, N.W.\nBy Cierk.\nAddress Washington, D. C. 20005\nDeputy Clerk.\n1 Insert \"United States,\" or \"defendant\" as the case may be.\nRETURN\nquali\nReceived this subpoena at\non\nand on\nat\nserved it on the within named\nby delivering a copy to h\nand tendering to h\nthe fee for one day's attendance and the mile-\nage allowed by law.2\nDated:\nTHE WHITE HOUSE\nWASHINGTON\nDecember 2, 1974\nDear Mr. Hall:\nPursuant to the subpoena issued upon application of the Defendant,\nJohn D. Ehrlichman, and served upon me in the case entitled\nUnited States V. Mitchell, et al., C. A. No. 74-110, D.D. C., I\nhereby deliver to you the following:\n-\nA copy of an eight page unsigned, undated, handwritten\nreport relating to the Watergate break-in.\n-\nA copy of a proposed newspaper advertisement dealing\nwith Watergate allegations and facts concerning those\nallegations, appearing on a single, legal-sized lined\nsheet of paper.\n-\nA certified copy of the tape recording produced by the\nWhite House Communications Agency of a meeting in the\nWhite House on September 12, 1972 between the President\nand Republican leaders.\n-\nCertified copies of the news summaries prepared by the\nWhite House for use by the President or the Presidential\nstaff from June 17, 1972 to and including July 21, 1972.\nThe items requested in paragraphs five (5) and six (6) of the attachment\nto the subpoena cannot be found.\nI am informed that counsel for for former President Richard M. Nixon\nobjects, inter alia, to the production of the items described in\nDay\nLIBRI\n2\nparagraphs 3, 4, and 6 of the attachment to the subpoena and has\nfiled a motion to quash the subpoena as to those items. Accordingly,\nthose items have not been produced.\nSincerely,\nPhilip\nCounsel to the President\nAndrew C. Hall, Esquire\nFrates, Floyd, Pearson, Stewart,\nProenza & Richman\nTwelfth Floor, Concord Building\n66 West Flagler Street\nMiami, Florida 33130\nEnclosure\ncc: Herbert J. Miller, Jr., Esq.\nHenry S. Ruth, Esq.\nDec. 12, 1974\nMr. Buchen:\nAs per your request by telephone\nyesterday.\nHenry Ruth\nLIBRARY\nIN THE UNITED STATES DISTRICT COURT\nFOR THE DISTRICT OF COLUMBIA\nUNITED STATES OF AMERICA\n)\n)\nV.\n)\nMisc. No. 74-128\n)\nJOHN D. MITCHELL, ET AL.\n)\n)\n)\n)\nEICED\nIN RE NATIONAL BROADCASTING COMPANY,\n)\nINC. ; AMERICAN BROADCASTING COMPANIES,\n)\nDEC 51071\nINC. ; CBS INC.; RADIO TELEVISION\n)\nNEWS DIRECTORS ASSOCIATION; and\n)\nJAMES E DAVEY, Class\nWARNER COMMUNICATIONS, INC.\n)\nMEMORANDUM AND ORDER\nSeveral television and radio broadcasters noted\nin the caption moved pursuant to Rule 47 of the Federal Rules\nof Criminal Procedure requesting copies of those portions of\ntaped conversations initially recorded in former President\nNixon's offices which were subpoenaed, received in evidence,\nand played to the jury in this widely publicized criminal case\nstill on trial before Judge John J. Sirica. Copying would be\naccomplished at applicants' expense with the aid of the Clerk\nof Court from the evidentiary tapes. There would be no\nrecording in the courtroom. Applicants propose to broadcast\nat least portions of the tapes locally and nationwide over both\ntelevision and radio.\nThe reproduction of trial evidence received in\ntape form for subsequent public use raises an issue of first\nimpression in this District and the Clerk of Court, James F.\nDavey, properly seeks guidance from the Court. No published\nprecedent directly in point has been cited or found in any\nother jurisdiction. The matter has been treated as a miscellaneous\nproceeding and separately assigned at Judge Sirica's request.\nAll defendants and the Special Prosecutor have been served and\nthe Court has before it various briefs and affidavits, including\nan affidavit from the Clerk of Court explaining some of the\nmechanical and administrative considerations presented.\nFormer\nLIBRARY\n-2-\nPresident Nixon, by his attorneys, opposes the motion. The\nReporters' Committee for Freedom of the Press has been granted\npermission to file a brief amicus\n/\nApplicants claim a constitutional right to\nreproduction of the tapes under the First Amendment to the\nConstitution. This claim is wholly without merit. A public\ntrial is taking place, all media, including applicants, have\nbeen present, and, by order of the trial judge, provided with\nearphones to enable their representatives to hear exactly what\nthe jury heard when the tapes were actually played in the\ncourtroom. There were no restraints placed on their subsequent\nreporting. Indeed, the contents of the tapes have been fully\nreported and written transcripts were made available to all\nmedia to assure reasonable accuracy.\nThe Supreme Court has repeatedly held in recent\nyears, although admittedly by split votes, that members of the\npress are not constitutionally guaranteed a \"right of access\"\ngreater than that afforded the general public. Pell V.\nProcunier, 94 S. Ct. 2800, 2810 (1974) ; Saxbe V. Washington\nPost, 94 S. Ct. 2811, 2815 (1974) Branzburg V. Hayes, 408\nU.S. 665, 684-5 (1972); Estes V. Texas, 381 U.S. 532, 540\n(1965). See also, Address of Mr. Justice Stewart, \"Or of the Press,\"\nSchool Sesquicentennial Convocation, Nov. 2, 1974, at p. 9:\nSo far as the Constitution goes, the autonomous\npress may publish what it knows, and may seek to\nlearn what it can. But this autonomy cuts both\nways. The press is free to do battle against\nsecrecy and deception in government. But the\npress cannot expect from the Constitution any\nguarantee that it will succeed. There is no\nconstitutional right to have access to particular\ngovernment information or to require openness\nfrom the bureaucracy\nThe Constitution,\nin other words, establishes the contest, not its\nresolution.\n*/ In addition, the Mutual Broadcasting System, Inc. has\nmade separate application in letter form.\n-3-\nThe question presented by the applications then\nboils down to a far simpler issue. Are representatives of\nbroadcast media entitled along with the general public to\naural copies of exhibits after they have been received in\nevidence in a criminal trial as a normal concomitant of the\nconstitutional requirements of a public trial found in the\nSixth Amendment to the Constitution?\nAs a matter of practice in this court, if requested,\na copy of any document or photograph received in evidence is\nmade by the Clerk and furnished at cost of duplicating to any\napplicant, subject only to contrary instructions that may be\ngiven by the trial judge at the time of trial. This\nprivilege of the public to inspect and obtain copies of all\ncourt records, including exhibits while in the custody of the\nClerk, is of long standing in this jurisdiction and reaches far\nback into our common law and traditions. Absent special\ncircumstances, any member of the public has a right to inspect\nand obtain copies of such judicial records. Ex parte Drawbaugh,\n2 App. D.C. 404, 407 (1894). See also, United States V. Burka,\n289 A.2d 376 (1972) Belt V. Pr. George's County Abstract Co\n73 Md. 289, 20 A. 982 (1890).\nThe Court stated in Drawbaugh,\nany attempt to maintain secrecy, as to\nthe records of the court, would seem to be\ninconsistent with the common understanding\nof what belongs to a public court of record,\nto. which all persons have the right of\naccess and to its records, according to long-\nestablished usage and practice.\n2 App. D.C. at 407-8. This proposition applies without a\nshowing of a particular \"legitimate interest\" in the records\nrequested. In re Mosher, 248 F.2d 956, 958 (C.C. P.A. 1957)\n*/ The supposed requirement of English common law that one have\na personal \"legitimate interest\" in judicial records before\naccess would be granted was in fact simply a requirement of\nstanding to sue to enforce the right in mandamus where access\nFORD\nhad been wrongfully denied. See Nowack V. Fuller, 243 Mich. 200\n219 N.W. 749, 60 A.L.R. 1351 (1928). No one in this instance\nhas been denied access to copy the tapes in evidence.\nIn this jurisdiction the practice has been to make court documents\navailable without a showing of \"special interest. \" Were this an\naction in mandamus, rather than an application to instruct the\n(footnote continued on next page)\n-4-\nIn this particular instance this general right\nto have access and copy exhibits is especially reinforced by\ndirectives of the Judicial Conference of the United States\nissued under authority of 28 U.S.C. § 457. The Clerks of\nCourt for District Courts throughout the United States are\nspecifically instructed to retain on file for public inspection\nfor ten years documentation in cases of significant historical\nimportance and then to deposit such materials with the Federal\nRecords Center under the aegis of the General Services\nAdministration for subsequent years under the guidelines set\nby 44 U.S.C. § 3301 and the implementing regulations appearing\nat 41 C.F.R. §§ 101-11.101 et seq. The Manual for the Clerks of\nthe United States District Courts, Chapter 13, Exhibit 2,\n(Ref. 1301.4) at PP. 4-5, item 6(a) (1954), directs, among\nother things, that \"case papers and documentary exhibits\" filed\nin criminal cases involving the President or officials appointed\nby the President must not be disposed of even after ten years.\nCases of this type are considered to contain \"documentary\nevidence of movements of historical forces\" and \"biographical\ndata\" of obvious importance for persons interested in \"social,\neconomic and political research.\" Ibid., note to item 6, P. 16.\nThus there is congressional, judicial and executive\nrecognition of the need to make available and preserve materials\nfrom a trial like the present, including the evidentiary tapes,\nbearing as they do directly on executive conduct at the highest\nlevels. It should be noted that Warner Communications, Inc. by\nits separate application specifically requests access in order\nto disseminate permanent phonograph and tape recordings of\nevidentiary tapes for use in homes, libraries and schools.\n(footnote continued from preceding page)\nClerk as to Court policy, the media would have standing to compel\nequal protection of their right of access consistent with that\nroutinely accorded other members of the public. McCoy v.\nProvidence Journal Co., 190 F.2d 760 (1st Cir.), cert. denied\n342 U.S. 894 (1951).\nFORD\nGERALD\n-5-\nNeither the defendants in this case nor the\nSpecial Prosecutor object to release of the tapes, nor has\nJudge Sirica indicated any reason to deviate from general\npractice in this instance in the interests of a fair trial.\nFormer President Nixon does object. He seeks to avoid\nembarrassment and wide publicity, asserting that he still has\na property right in the tapes and accordingly a privilege\nagainst disclosure, except to the extent that that privilege\nhas been invaded by the doctrine of United States V. Nixon,\n94 S. Ct. 3090 (1974). Former President Nixon is before the\njury as an alleged co-conspirator and his acts, as reflected\nin the tapes, are pertinent to the theory of the case on which\nthe Special Prosecutor is proceeding. The Court has carefully\nreviewed transcripts of the tapes in issue. From this review\nit is apparent that Judge Sirica has assiduously removed\nextraneous material, including topics relating to national\nsecurity and considerable irrelevant comment relating to\npersons not on trial. Only portions of the tapes strictly\ngermane to the criminal proceeding have been played to the jury.\nMoreover, the portions of the tapes here in issue are now of\npublic record. Although former President Nixon has been\npardoned, he has standing to protest release by the Court but\nhe has no right to prevent normal access to these public\ndocuments which have already been released in full text after\naffording the greatest protection to presidential confidentiality\n\"consistent with the fair administration of justice. \" United\nStates V. Nixon, supra, 94 S. Ct. at 3111. His words cannot be\nretrieved; they are public property and his opposition is\naccordingly rejected.\nIt should be understood that the Court is not\ncalled upon or in any way attempting to decide whether or not\nthe dissemination of the tapes to the public is or is not\ndesirable. On the one hand, much has been already printed; on\nFORD\nGERALD\nLIBRARY\n-6-\nthe other, the aural atmosphere, emphasis and connotations\nof the taped discussions may be peculiarly illuminating.\nThe law must be applied and the fact the evidence is in\naural form is of no special consequence. The tape exhibits\nare in evidence and have therefore come into the public\ndomain and the public should have the opportunity to hear\nthem. Whether any individual affected has a right under the\nlaw of privacy or related doctrines against anyone who\nthereafter republishes is not to be determined here. See,\ne.g. Melvin V. Reid, 112 Cal. App. 285, 297 P. 91, 93 (1931);\nBriscoe V. Reader's Digest Assn., 93 Cal. Rptr. 866, 483 P.2d\n34 (1971) ; Restatement (I) of Torts, $ 867, Comment C (1939).\nThe courts are a branch of government and a criminal\nproceeding involving officials holding high positions of public\ntrust must peculiarly remain open for the closest scrutiny and\ndiscussion by citizens. It was in just such situations that\nthe Sixth Amendment was intended to have its greatest thrust.\nAs the Supreme Court has succinctly stated, \"what transpires\nin the courtroom is public property. Craig V. Harney, 331 U.S.\n367, 374 (1947). Only in this fashion can arbitrary judicial\nauthority be prevented.\nBefore the tapes can be released, certain\nimmediate obstacles must be overcome. Because the tapes\ncontain material that was not played to the jury, they will\nhave to be rerun to remove the excluded material. There is\nneed, as the Special Prosecutor points out, to preserve the\nintegrity of the tapes as received in evidence during the\nreproduction process. Considerable time, perhaps running as\nmuch as several weeks, will be required to reproduce them.\nCourt personnel and experts now fully committed to the trial\nmust be consulted. Because of these administrative and\nmechanical difficulties no attempt should be made to provide\nverbatim sound copies, in addition to the transcript copies\nLIBRARY GERALD FORD\n-7-\nalready provided, until after the trial.\nIf and when released, there will be a broad demand\nfor copies, aswitnessed by the applications already filed, when\navailability becomes better known. The office of the Clerk of\nCourt is not equipped with trained personnel or facilities\nallowing it to become involved in any mass release of numerous\ncopies of the tapes, even at the expense of applicants.\nFurthermore, if any release is to be made, it must obviously\nbe accomplished on a basis which does not permit\novercommercialization of the evidence. Clearly, all persons,\nwhether or not members of the press, desiring copies must be\naccommodated without special favoritism or priority.\nThere is time between now and the end of the trial\nto determine whether a satisfactory mechanism and procedure can\nbe evolved which will permit the Court to prepare only a single\ncopy of the tapes as played and then place its subsequent\nreproduction and distribution in the responsible hands of an\norganization, agency or person which, without profit, can, for\na defined limited period, assure fair and equitable distribution\nto all categories of applicants Without in any way indicating\nwhether it is practical or possible to release aural copies in\naddition to the transcripts already released, the Court solicits\nany suggestions which the Special Prosecutor, the defendants or\napplicants may have as to an appropriate method for facilitating\na release which is consistent with the considerations enumerated\ngenerally above. Suggestions should be submitted in concrete\ndetail and filed with the Clerk of Court on or before January 3,\n1975.\nIn the meantime, the Clerk shall upon completion of\nthe trial promptly proceed to reproduce a single set of the tapes\nin evidence which shall contain only those portions played to\nthe jury during trial. He shall consult with expert personnel to\nassure accuracy of this reproduction and to avoid comproming\n-8-\nthe evidentiary value of the exhibit in any respect. He shall\nadvise the Court when this task is completed and withhold the\nreproduced tapes from public inspection until further order of\nthe Court. Final action on the applications will be taken at\na later date in the light of developments. The opposition filed\non behalf of former President Nixon is denied.\nSO ORDERED.\nUNITED STATES DISTRICT JUDGE\nDecember 55 , 1974."
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