Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Source Description
This file contains material relating to William Casselman, the Livingston Memo, Mary Livingston, Ed Morgan, and Ralph Newman.
Scholar Source Context
Document identity
localId
1126643
label
Nixon Deed of Gift
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1126643
sourceUrl
contentType
document
title
Nixon Deed of Gift
description
This file contains material relating to William Casselman, the Livingston Memo, Mary Livingston, Ed Morgan, and Ralph Newman.
citationUrl
collections
Benton L. Becker Papers
General Subject Files
subjects
Nixon papers
Presidential libraries
iiifBase
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1126643
coverageEndDate
logicalDate
1974-11-30
month
11
year
1974
coverageStartDate
logicalDate
1972-08-01
month
8
year
1972
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
url
mediaId
96a6e8f5ccd3628d
ocrText
The original documents are located in Box 2, folder "Nixon Deed of Gift" of the Benton L.
Becker Papers 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. Benton Becker 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.
BLB Notes:
Case - U. S. V. Morgan
Case Number - 74-669
Date - November 8, 1974
Enter Quilty Plea on one (1)
Count, 18 U. S. C., Section 371.
Re - IRS - Richard Van Dusen, Former
Undersecretary of HUD, before Judge
Hart.
FORD LIBRARY A. GERALD
Copyught3
5
AUG 12 1971
General Counsel - L
Legislation to provide charitable deductions for NARS donations
Deputy Administrator - AD
Enclosed are two alternative drafts of legislation to provide
charitable deductions for donations of various literary, musical
and artistic compositions, and government papers. The one
proposal would grant a complete charitable deduction for
donations of this nature. The other proposal would permit a
50% deduction and require that the taxpayer have a written
statement from the donee that the material is of historical or
artistic value, and that its use will be related to the charita-
ble function of the donee.
(signed) William E. Casselman II
WILLIAM E. CASSELMAN II
General Counsel
Enclosures
cc:
Official File-LR
General Counsel - L
LR
LR:Mr. Woodside: ams: 8/10/71
LR:WEWoodside:ams: 8/10/71 x4713
FORD A LIBRARY GERALD
A BILL
Relating to the income tax treatment of charitable contributions
of copyrights, artistic compositions, or a collection of
papers.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
(a) section 170(e) of the Internal Revenue Code of 1954
(relating to certain contributions of ordinary income and
capital gain property) is amended by adding at the end
thereof the following new paragraph:
"(3) SPECIAL RULE FOR CERTAIN CONTRIBUTIONS OF
COPYRIGHTS, PAPERS, ETC.--In the case of a charitable
contribution of a copyright, a literary, musical, or
artistic composition, a letter of memorandum, or
similar property by a taxpayer described in paragraph (3)
of section 1221 to an organization described in clause (ii),
(v), or (vi) of subsection (b) (1) (A), the reduction
under subparagraph (A) of paragraph (1) shall be only
one-half of the amount computed under such subparagraph
(without regard to this paragraph) but only if the tax-
payer received from the donee a written statement that
(A) the donated property represents material of historical
or artistic significance and (B) the use by the donee will
be related to the purpose or function constituting the
basis for its exemption under section 501 (or, in the case
GERALO A. FORD LIBRARY
2
of a governmental unit, to any purpose or function described
in subsection (c) (2) (B)).
(b) The amendment made by this Act shall be applicable
to charitable contributions made after the date of the
enactment of this Act.
FORD LIBRARY & GERALD
A BILL
To modify the restrictions contained in section 170(e) of the Internal
Revenue Code in the case of certain contributions of a literary,
musical, or artistic, composition, a letter or memorandum, or
similar property.
Pe it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That section
170(e) of the Internal Revenue Code is amended by adding at the
end thereof the following new paragraph:
"(3) (A) Notwithstanding the provisions of subdivision
(1) (A) and (1) (B) of this section and the provisions of
section 1221 (3) as amended, any literary, musical, or
artistic composition a letter or memorandum, or similar
property, which was created by the personal efforts of the
taxpayer or in the case of a letter, memorandum or similar
property, a taxpayer for whom such property was prepared
or produced, shall not be reduced by the amount of
appreciation of such property, and the whole amount of
such a charitable contribution shall be taken into account
under this section and shall be treated as if the property
contributed had been sold at its fair market value."
"(B) This amendment shall apply to contributions made
after the date of the enactment of this Act."
FORD LIBRARY d GERALD
Relevant dated in Causlomon Jiamy
1
Oct 2, 73
Rhodew in A.M.
Xerob tracts discussed
Priort musting with Garmant
want are cranonology of wants
s
Oct 12,'73
- - Swee meet
W.C. sisk
?
Nov. 27, 'r3
Rh Rose canealled
Burt Rhader meeting
Memo of Oct 26, brought to
we attaction
4
Sou. 28, 73
?
- -Rhode Young & we of with A
- Not replacted in diay
indicated that hivingston mean
was vague but Tooar cheeling
out. Tensible Quantion of
theory & lor occurosy of Xar of
XX - meeting with Morgan.
trasts. Quak of renorography
we So miciated meeting
went over evenology
San. Weiler insuiried
Morgan could not R
FORD
have a drive with him
GERALD
1.
Crlandaro for June - Sept 'rl
still looking ; may not Have
2.
Chronso in G.S.A. (Fure -Sept ii) )
cartedian
- Many Adams (Barthis sec)
Prements of there in
-
(rimmer, Bath outden
: avoid; if possible, exposure of
reques.
3.
Calader for Sapt -Tree 1973;
-contain same problems:
1.9/1/73
subp. by Fruing Committee
CREEP dietating A+E
L.R. Cummunissioned of Pub.B.,18
Service.
L.R. treated well by Bru. Cann
because he (LR) played by
aided of street (i.e. 199
Now Ast Ad GSH.
2. 9/24/73 - Meeting with Morgan lottle re
JAN Clamate
3. 9/26/73- - Gandrean under investigation by
Ball, what to I. about him.
decided to suppad hom.
4. 10/2/73 -Alummer stockpiles (was investigated
LIBRARY
by S.?.) for survailance of it im prouding
FORD
R.
GERALD
Co approched various people to
for quoter orderly flow. AUMINUM
buy back their contracts because price
had Jone up. Came to
2
G.S.A to dwans buy beek, NCE we
Proximire raised hell about. watugate
attach meeting and agrees to buy back.
Committee came in, Quartion ke
Russell Buyers (Sixon meney raiser) C
Amere pressure on Sampson This mesting
in presence & Water Cam writingtors.
5. 10/2/73 - we meeting with Roods of per
we kelinory, Jee Garment meeting
of 3:00 P.M. - we assessment
given
XX
E. "/1/73 - Al Gardon Jr, V.P. Kitter Peabody Co
oheo and his Father eh gave 100,000
to RN's compaigni Had many
contracts with Gatt. GSA ted
Qure have contract agreement under
way at the time, for private people
to butt for later gov. use.
check Glasen had called we
clauming to represent K?Co tald
m wak-g on purchase contract
That of (C-SA) meeds semmere
great. within GSA that
knew. W.C. recommends K.P
Thangon days not f thru.
to Sampson. W.C. calls
Gets Kingstey (running The
GERAL FORD
recommends Doupant and twoother firms.
responsiven.org program) with.
we to Sampson recommends mesting
with K.P. they had several
13
meeting. KP Joe of tob; 2:2 good work, So
Problems with work Qa a
Contract in entegrad of 5 mill. to KP,
KP lage invalmed banker.
For appealid before several Galury,
Ste that W.H. recommed someone
mastly no state proceedings
else. John clark of
program called wc after award,
we told you August wos to get that
contract. we dons dered . L
date declined them . The meno upt
r 11/27/73 - Meting with seeds. Rhota, check BiB
8. "1/28/73- meeting with rd Morgan
& 12/1/73 - - Meting to go over to
w Ardrines, d dn't happen ON ?, kid
w
In 8.
TERRADO R. FORD UBRARK
H. Tile of Chippings elevened
5. .Tile on Proprosed Lylto to rease
V
two memos: 12/27/72 8/12/91 } re subject melter
33 toreve
Meeting of Oct 12, r3 -
we sick, 28 not occure
GERALLO A. FORD LIBRARK
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 02622
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Note
CREATOR'S NAME
Becker
DESCRIPTION
Handwritten note
CREATION DATE
1974
COLLECTION/SERIES/FOLDER ID
023800014
COLLECTION TITLE
Benton L. Becker Papers
BOX NUMBER
2
FOLDER TITLE
Nixon Deed of Gift
NEW LOCATION
Donor Restriction Closed File
DATE WITHDRAWN
05/15/1991
WITHDRAWING ARCHIVIST
Kellee Green
KNOWN DUPLICATES
No
OFFICE OF THE VICE PRESIDENT
WASHINGTON, D.C.
From appointment calendar of
Mrs. Wilson, which was kept for
William E. Casselman.
Brenda K. Wilson
Secretary to Mr. Casselman
GERALD R. FOR
March 21
C Working Days to Come
80
285
Wednesday
$ M T W T F S
23
1234507
45678910
1
2
3
8 9 10 11 12 13 14
11 12 13 14 15 16 17
15 16 17 18 19 20 21
D-Working Days Left This Quarter
4 5 6 7 0 9 10
196
7
18 19 20 21 22 23 24
22 23 24 25 28 27 28
" 12 13 VM 15 16 17
C
D
25242728
2930
18 19 20 21 22 23 24
25 26 27 28 29 30 31
8:00
1:00
8:30
2:00 1:30) Rich Spitzer Personal matter
9:00
9:30
2:30
3:00
10:00 10:30 Jack. Cannon-
3:30
4:00
11:00
11:30
andy hawrence bringing all for interer
4:30
12:0011:45
5:00 Shuttle to NY
5:30
12:30
83
78
79
81
82
Monday, Mar. 19
Tuesday, Mar. 20
Wednesday, Mar. 21
Thursday, Mar. 22
Friday, Mar. 23
Saturday, Mar. 24
8:00
8:00
8:00
8:00
8:00
8:00
8:30
8:30
8:30
8:30
8:30
8:30
9:00
9:00
9:00
9:00
9:30
9:30 annual
N.V
9:00
9:00
9:30
9:30
10:00
10:00
10:00
Jack Pomnon
10:00 (Barth attendine
9:30 As Staff Mts
9:30
10:00
10:00
10:30
10:30
10:30
10:30
10:30
10:30
11:00
11:00
11:00
11:00
11:00
11:00
11:30
11:30
12:00 11:30 112/5 andry
11:30
11:30
11:30
12:00
12:00
12:00
12:00
12:00
12:30
Lawer
12:30
12:30) 1:00 Times Kaupinon
12:30
12:30
12:30
1:00
1:00
1:00
1:00
1:00
1:30
1:30
1:30 Hel Spitzer
1:30
1:30
1:30
2:00
2:00 IXem Duberters
2:00 2:30 Mr P.
2:00
2:00
2:00
2:30
2:30
2:30
2:30
2:30
3:00) Bob Rece
3:00
3:00
3:00
his
3:00
3:00
3:30
3:30
<
3:30
4:00 3:30 4:15 Duild
3:30
3:30
PORT
LISHARY
4:00
4:00
4:00
4:00
4:00
4:30
4:30
916 19th
4:30
5:00
5:00 5:00 Smittle
4:30
5:00 4:30 1/8/0 Dr Reuter
4:30
5:00
5:00
5:00
II 301
5.30
5:30
5:30
5:30
5:30
GERALD
5:30
6:00
6:00
6:00
6:00
6:00
6:00
Drink w/ Damochile for NY creat
July 10, 1974 - Meeting with Horowitz and Hecht
Special Prosecutor's Office
Re: Late November, Early December
Meetings with Morgan and Con-
versation with DeMarco.
Meeting began approx. 2:33 P.M.
November 27th Rhodes comes to Casselman's office and
shows Casselman Livingston memorandum. Just wanted Casselman
to know about it and get his appraisal. Casselman concludes
that memo cannot be ignored. (Thought information referred
to in memo probably xerox tracks.) Casselman suggests that
both he and Rhodes take the matter up with Sampson. On
Nov. 28th, Rhodes, Don Young, Casselman and Sampson meet.
(Casselman thinks he may have brought matter to the atten-
tion of John Rose at that time also.)
At meeting with Sampson on 28th, Casselman says memo
cannot be ignored and it is decided that Don Young should
speak to Mrs. Livingston to find out exactly what the memo
refers to. Then decided that Casselman would call Morgan.
Young notified Casselman that Livingston was referring to
xerox tracks. (Also, Rhodes brings Deed of Gift to meeting.)
Sampson goes over procedure for Morgan meeting with Casselman.
Decided that meeting should be on a friendly basis. The
feeling at that time was that memo was a typical bureau-
Mozning
cratic act. Casselman calls Morgan afternoon of 28th to
arrange meeting.
Casselman tells Morgan, we are doing a factual inquiry
re Deed of Gift. We would like to know everything you know
about 1968 and 1969 gifts. Did not reveal that they thought
there may be a problem nor did he say that there may be an
investigation. Regarded meeting as being a factual inquiry
cr study. Meeting arranged for 4:30 P.M. that afternoon.
Meeting set for 4:30 however, Casselman thinks Morgan
came in a little late. Casselman had asked Barth's Secretary,
Martha Adams, to stay late (she was not present in Casselman's
GERALD LEGRARY FORD
Page Two
office during meeting). Casselman did take notes during
meeting (which have been turned over the Prosecutors).
Morgan did not take notes. Casselman worked off Garfinkle's
chronology and two Weicker letters. Casselman wanted to
know everything Morgan knew about '68 and '69 Deeds of
Gift. Morgan says fine and appears to be very candid.
Casselman feels he does not know that much about matter at
this point. (Casselman had not had a chance to speak to
Morgan for some time, meeting relaxed, both seemed to be at
ease.)
What Casselman really wanted to know was when and how
Morgan signed '68 and '69 Deeds, when and how they had gotten
TOW.H.ND
to GSA, who had access and how they got access to papers.
Morgan did not seem to be extremely overjoyed to be there.
Morgan looked tired, distraught (not particularly about him-
self, about others and Watergate in general). Seemed depressed.
(Q: Did Morgan mention Kroch? Response: After Casselman
goes through Deed matter Morgan speaks of better times and
old friends. Speaks of knowing Kroch well, upset about his
service in White House with net result being he is being
dragged into Watergate, his marriage had broken up, remarks
that White House somewhat puritannical, had spoken to Erlichman
re divorce.)
Casselman offered to show Morgan papers he had at meeting.
Morgan declined. Began with items in Garfinkle memo.
1. Casselman feels Morgan did not do too much work on
'68 gift. Casselman not particularly worried about '68.
See Casselman notes from meeting.
2. Did not question as to similarity between '68 and
'69 Deeds of gift. Casselman himself never put the two
Deeds of gift together for analysis. See Casselman notes
from meeting. Casselman seems to recall that Morgan may
have said that Secretary brought Deed into DeMarco's office.
(Casselman not really sure on this point as he also recalled
GERALD FORD LIBILARY
Page Three
a meeting with DeMarco which he himself had attended with
Bob Yock, Bob Rice, Doug Hines (?), Casselman believes that
his whole investigative staff may have been present but
not sure. Meeting was in reference to San Clemente property.
Morgan's description of those present and the relaxed atmos-
phere jarred Casselman's memory re S.C. meeting.) Casselman
not sure if he actually asked Morgan who was present at
time he signed Deed, Morgan may have said Kalmbach, but
really not sure. (At time of Casselman/Morgan meeting no
one had thought of possibility of re-execution. Thought
Deed was either back-dated or xerox tracks were same in
'69 and '70, a coincidence.) Casselman thinks Morgan said
signing took place on coffee-table in DeMarco's office.
Casselman proceeds with fine pòints, believes Morgan
to be candid, had not shown him Deed as yet. Morgan says
he checked journals and that he is 98%(?) sure that he
signed Deed. But explained that he was not 100% sure.
Casselman does not recall any exchange on xerox question.
at that time.
(Q: When you looked at October memo from Mary
Livingston, did you understand at that time that there was
a schedule showing items which constituted gift which could
not have been picked until March of 1970 and that xerox
tracks on Deed and schedule were the same and that there-
fore the Deed had to be signed after March, 1970? Casselman
]
not really sure, does not recall.)
13. Garfinkle chron. reference to April 10. See
Casselman notes from meeting. (Casselman was not aware
that RN had signed tax return on April 10 or that Demarco
was in town that day.)
Casselman does not recall if he asked Morgan who he
told at GSA that Deed was in California.
Weicker Letter 1 - Casselman believes he just whet
over letter generally. See notes from meeting.
GERALD R. FORD LICHARY
Page Four
Asked Morgan about Greening (Newman's assistant). Morgan
did not know her.
Around 6:10 Casselman calls in Martha Adams who witnesses
Casselman taking Deed out of safe. Casselman tells Morgan
he want to show him Deed of Gift. Spreads out Deed of Gift
on coffee table. Notes that xerox tracks are the same all
the way across. Asks Morgan, You signed on April 21, have
you ever seen this schedule before? Morgan says no. Cassel-
man says his people iform him that schedule could not have
been done until Late '69 or early '70. Asked Morgan if he
back-dated Deed. Morgan (almost in tears) swears that he
was in California and signed Deed when he said he did.
(Casselman new only what his people told him about xerox
tracks, he himself at not been to archives or talked to
Mary Livingston.) Casselman did not even think of possible
re-execution at that time.
For approximately next hour, Morgan speaks of days in
Washington. Attributes Watergate to President's political
enemies. Seemed to be very depressed and distraught. Dis-
cussed possibility of being used and how many others had
been used, such as Dean and Kroch. Talks about going back
to Arizona although he does not have job there. Morgan
says he has had it. He is gong to start all over again.
Says he wants to write a book. Suggests Casselman have a
drink with him. Casselman declines giving some excuse.
That meeting was the last Casselman saw of Morgan.
Casselman feels Morgan unwittingly used. Casselman
depressed from conversation; wished to avoid having drink
with Morgan that night. In part, depth of Morgan depres-
sion was, including Kroch and Dean problems, might have
been his (Morgan's) problems. This Casselman surmized
rather than Morgan direct comment. Recalls phrases:
"high use factor", "Special Prosecutors with blood running
from their eyes. "
GERALD LIBRARY FORD
Page Five
November 29
Casselman goes back to Sampson next morning to report.
1
Says Morgan swears he signed Deed of Gift when he said he
did, but could not explain xerox tracks. Casselman says
Morgan seemed distraught. Sampson and Casselman discuss next
step. To, talk to DeMarco. Casselman asks if DeMarco should
be flown to Washington or should they fly to DeMarco. Sampson
says just give him a call.
Casselman calls DeMarco, focused on '69 Deed only.
Asked him to explain xerox tracks and he did. Casselman
speaks to Barth and Roth. Barth and Roth say explanation
12/1 - N Y. ROSE OSA AWAIT PRESIDENTIAL STATEMENT BRROZE FINALLY
rasponsing To INDUIRE or 1909 GIRT. WEL 2. CAN rosh 12/3/m
says he recalls being satisfied with explanation until he
does not make sense. (Cannot remember exactly what it was
but there was something wrong.) Casselman calls DeMarco
again, approximately 30 minutes later. (See Casselman notes
of telephone conversatinn.) Casselman seems to recall
DeMarco mentioning something about Secretary of State and
notary laws. In effect, can prove Deed notarized when said
it was. Casselman goes back to Barth and Roth after conver-
sation and they agree that explanation makes sense.
see Casselman notes re conversation.
Casselman talks to H.C. Rose,/both think it strange
that Morgan does not remembee signing again. Casselman
ar STATIMANT.
on 11/290211/30
goes back to Sampson to report on conversations with DeMarco.
SAMPSON SRRAS SATISFIRDS
Casselman suggests maybe calling Morgan again. n Calls
Morgan on 11/30, asks if Morgan has anything to add to his
story. Morgan did not volunteer or say anything about
re execution in 1970. Morgan asked if xerox tracks could
be explained, Casselman said yes but did not give explanation.
Casselman calls John Rose back and tells him that he (Casselman)
Whenne LATAR. THAT AAPRZ. Also DISCUSSITS YOURS COMMITTS receivers.
has some very srious doubts about this matter. Rose says
call him back.
00/1/300012/1
Casselman now focuses on november 16 memo from Doug
TALMS viz
Parker to him. (Memo mentions nothing about re-execution,
MAILING
Casselman believes something wrong, facts don't fit together.
Art seemed satisfied at that time (before coversation with
Morgan), Monday, Casselman calls Don Young and tells him
LIBRARY
FORD
to tell Sampson to forget about Friday's discussion,
12/5 ASAND that Bynosh to Rum
R.
Casselman thinks we better see more documents. Barth and
07V820
>
Roth concur that Newman statement had to be false, there
Page Six
was no way Newman could have made appraisal when he said
he did.
On 12/6 Casselman gets memo back from Don Young written
your young
on 4th. Casselman at that time wrote a memo to file.
n
n
See Casselman notes re meeting with Jacobs re going
over documents at archives. Casselman asked Jacbos at one
time if he could see original of 168 Deed of Gift. Jacobs
told him it was lost.
Casselman does not really recall speaking to Mankin in
fall of '73, although he did call Mankin once and asked
what he remembered. Does not recall ever speaking to Harding,
thinks maybe Barth did in relation to memo re signatures.
Q: In December do you remember seeing a draft of a
letter to Newman from Mary livingston re her letter being
only Deed? Does not recall exactly when he saw letter,
thinks it was when Roth put together black book.
Horowitz instructed Casselman re Grand Jury appearance.
Told Casselman to keep answers precise, not to go into a
narrative unless a specific question required it. Horowitz
said he wants to keep the Grand Jury record rather sparse
at this time. Horowitz did not feel that matters discussed
on July 9 would be covered, if at all very little. However,
matters discussed at July 10 meeting will definitely be
overed at Grand Jury.
Meeting concluded approximately 5:03 p.m.
R FORD LIBRARY
GERALD
July 9, 1974 - Meeting with Special Prosecutors,
Horowitz and Hecht.
Re: Nixon Deed of Gift.
Allegations of Fraud re President's
gift and tax deduction, 1969.
10:10 A.M. commenced
Casselman - Background:
Came to Washington in 1964. Employed by Congressman
in 1965
Bob McClory as law clerk and later Legislative Assistant.
Employed until 1968 when joined campaign as advance man.
During campaign reported to scheduling officer, John Whitaker,
WORKS Bott
and Ken Cole. Sometimes did work for Vice President and
President. Worked primarily in New York. Worked fulltime
for approximately two months (Sept. Oct. & part of Nov.).
After election went back to work for McClory. Asked by
AT TRANSITION ORPICR on PRESIME FRUICE, Doiner
Whitaker to go back to work, primarily Congressional relations.
Worked for Harry Fleming. In January, 1969, Harry Fleming
asked Mr. Casselman to join personnel office. Met ED MORGAN
during campaign. Did not work with crogh (?), did not know him.
OFRER
Summer of 1969 went to work for Bill Timmons, at House with NO
IN WHIM HNSB CONGRASINAL NAVATIONS.
Dick Cook stayed there until June, 1971, when went to GSA.
While with Timmons worked with Public Works Committee and
Government Operations Committee, had fair amount of work with
GSA.
Had not intended to go with GSA. Was first approached
by General Lincoln (OEP) to come to work as General Counsel.
Just before making final decision was contacted by Ted Trimmer
of GSA to come by and discuss position as General Counsel, GSA.
(Ted Trimmer was informed by David Lisy FT, who had previously
worked for Mr. Casselman, that Mr. C. was looking around for
new position.) Mr. Casselman felt GSA a better opportunity,
commenced employment on June 7, 1971. Mr. C's Deputies were
Bill Barth and Jack Berkson, both of whom had been with MANKIN
prior to Casselman's employment at GSA. Stayed with GSA until
December 10, 1973, when jointed Vice President Ford's staff
as Legal Counsel.
R FORD LIBRARY
GERALD
Page Two
Secretaries while General Counsel, three (3), Mary
Noon, previously worked for Mankin; Beverley Barrick, brought
in by Mr. Casselman (went back to Hill to work for Gary Brown) ;
January, 1972, Brenda Wilson, had been in Agency either worked
in Administrator's office or Deputy's office. Two calendars
BY BERNA FOR
AS HAISRUR
maintained of daily acitivities, one by Mr. Casselman the other
by Brenda. Telephone logs were kept, but Mr. Casselman
periodically destroyed them. Calendars are still kept.
Prior to June, 1971, Mr. Casselman did not know about
Presidential gift. Seems to recall a Memorandum to staff
in 1969 saying give your papers to Nixon Library. Did not
know that actual gift had been made. First found out during
briefing with Mankin approximately three days before actively
taking position at GSA. Focus of briefings was primarily
in re appropriations. Mr. Casselman's personal staff consisted
of approximately 150 persons located here in Washington and
in Regional offices. At that time had six operating divisions
in which Archives is included in LR.
LR
DAVID MISIMI.
Archives at that time headed by Julius Silverstein.
Before Silverstein WAS BY
Next / came David Fisher n succeeded by Bob Yock (?) (Admin. and
Records Division). Yock had been in that division before,
had been Executive Assistant to Administrator after Trimmer.
When Administrator left, Yock came back.
MANKIN briefing included matters of White House interest.
GSA had admnistartion of White House East and West Wings,
EOB, San Clemente and Key Biscayne. Lead Agency for some
legislative on Pennsylvania Avenue Development Corporation, P-K,
ACTIVITIRS/WLUVARD
reorganization bill Post Office 1 reorganiation, Kennedy Center,
Nixon Library (primarily planning for library, began with
Mankin; Archives administers all presidential libraries.)
(Also worked on Kennedy Library.)
FORD LIBRARY
Y
GERALD
Page Three
Focus of discussion on Deed of Gift which Mankin said
was in Barth's safe, two problems: (1) Mrs. Nixon did not
sign it, therefore there may be a community property problem;
(2) ED MORGAN's power of attorney. Barth could have been in
on briefing but Mr. Casselman cannot recall. Cannot recall
whether or not he took notes at that briefing, but if he did,
they would have been on appropriations and he would have
thrown them away. Regarding Deed of Gift, Mankin said he
tried to take up problems with White House a couple of times,
but to no avail. Did not impress upon Mr. Casselman any
urgency, said he could attend to it in due course. Memo of
USA
June, 1970, from Mankin to Morgan was found by Mr. Casselman
in late 1973 or early 1974.
Mr. Casselman recalls Mankin said Deed was in Barth's
safe, does not recall seeing Deed at that time, and does not
recall talking to Barth at that time. Mr. Casselman assumed
if you had gift you should have a Deed. Knew that a Deed was
not absolutely necessary but it was a good idea. Mankin told
Mr. Casselman sometime in 1974 something about Deputy Byron
Harding working on Deed and having some problems. Byron
Harding was the person who focused on the lack of signatures.
Mr. Casselman was told by Barth either Nov./Dec. 1973, that
or
Barth and Harding had done a Memo on signatures, but it could
not be found. Mr. Casselman never heard anything about
General Counsel's office wanting to protect President or
writing language of Deed which turned out to be a problem.
In early September, 1971, Barth began working with
Jacobs who worked with Dapray Muir from Dean's office.
Worked primarily on record-keeping and President's Will.
(Jacobs worked with Barth rather than Fisher, Yock or L&R
because Fisher was young and inexperience, and Barth and
Casselman had better rapport with Archives.) Jacobs called
Barth and set up September, 1971, meeting. Barth asked
Casselman to attend. Casselman recalls Barth suggesting
taking the original Deed of Gift to meetingto clear up
signature problems. (In 1973 there was a copy of the Deed
FORD LIBRARY d GERALD
of Gift in GSA file entitled Nixon Library. Mr. Casselman
Page Four
2
cannot recall if the 1968 Deed in file or note. Only person
who could reconstruct what was in file would be Barry Roth
n
"
who was Chief Librarian.)
Before meeting in September, 1971, Barth or his secre-
tary took file out of safe. Mr. Casselman cannot say with
absolute certainty that he looked through file at that time.
Barth and Casselman took Deed (a xerox copy with original
signature) to meeting. Fairly formal luncheon meeting.
Thrust of conversation about record-keeping and President's
Will. During course of discussions, brought up Deed of Gift
and showed it to those present. Muir was given Deed of
Gift. Mrs. Nixon's signature was discussed. Also discussed
a power of attorney being done giving Mrogan retroactive
2
power of attorney.
Deed was a complete surprise to Muir. At later time,
Muir recall some conversatio on signatures, on deed itself
rather than gift, etc. Casselman did not know enough about
THOMACY
the Deed of Gift to discuss it. Does not recall anyone saying
1
anything about looking into whether or not Morgan had power
of attorney. To Casselman's knowledge, no one contacted
Morgan during Summer of 1971. Doesnot recall discussing
range of alternatives.
Casselman knew Morgan to be counsel to President.
All they really wanted to do was clear up documentation. At
one point, Morgan had told Mankin that he had taken care of
certain personal activities. for President, i.e. registering
him to vote, taking care of drivers license.
Casselman does not remember any reference to Tax
Reform Act being made at meeting. Does recall that Archives
was sensitive to Act. Feels he was probably aware of Act
but does not recall any discussion of same. Main concern at
meeting was to clear up paperwork. Did not ask Muir for a
receipt and does not recall discussing with Barth whether or
not Deed wasneeded. Did not write memo to file regarding
meeting and did not take notes. Someone was to follow up on
GERALD E LEGRARY FORD
Page Five
Presidential Will and Presidential Boards and Commissions.
Does not recall whether deed was identified as an original
or not. Does not recall cautioning Jacbos and Muir about
original. (Did not become concerned about original (non-
xeroxed copy) until September, 1973.)
Summer of '71, Casselman gets call from Dep. Admin.
Rod Creager Archives is concerned about cut-off point for
gifts. Asked Casselman's office to draft legislation. Bill
Woodside did actual drafting of two bills (1 for complete
restoration, the other 50% restoration). No discussions with
White House about this legislation. If passed, could have
been of PUTUR benefit to President or whoever donated papers TO GOVE.
n
Legislation submitted to OMB for transmittal to Congerss.
ATOM3.
OMB said no and bill died, Same bill proposed in 1972,
does not know what realy happened in '72. Thinks it passed
OMB, but is not sure, WAS TRANSMITMI. Inpuire, snomman ?, 972.
Jack Anderson wrote article that White House had
written legislation to restore tax deduction for benefit of
1
President. (Horowitz would like a copy of that article).
GSA Administrators - Kunzig leaves 1971, then Creager,
then Trimmer, AEKIN then Sampson (Served as Acting Administra-
tor for almost a year before being confirmed).
Sometime in '71, Casselman was told of President's
desire to establish library (he thinks by Dean). In 1971,
Doug Kinsey (Property Disposal Service) goes to California
to review property (Camp Pendleton) as possible site for
library. Property had been set aside as Security Zone by
Secret Service. Major contact at that time was Dean. In
1973, major contact became Fred Fielding. Received phone
call from Kinsey that property was adequate from construction
standpoint. At that time a memo was done dealing with options
on acquiring property. Nothing else done on library until A BUUT
December, 1972. It was then (1972) decided that President
would seek by legislation to get 145 acres of Camp Pendleton
for library. Casselman himself wrote legislation and forwarded
GERALD FORD
Page Six
to Timmons along with a memorandum. Casselman wnet to Calif.
himself to see property, needed survey. Bill came back to
be refined. Dick Cook and Casselman briefed House Armed
Services Committee. Casselman felt this to be good opportunity
for Agency because library would be underway before President
left office. There were more refinements of the Bill, then
Watergate broke and that was that. Worked with Dean and
Fielding.
comminion
SUAMMUM.
June, 1973: Sampson M and hearing going on
Had to review all cases he had ever been involved in. Sampson
went through easily. Civil Service Commission began investi-
gation re GSA hiring policy. Also began preparing for Brooks
hearings. June through November, major work on Key Biscayne
and San Clemente. Also did review of all expenditures made
on Presidents back to Truman.
Barth calls Casselman re inquiries from Washington
or ABOUT
Post re Deed of Gift. A June 7th Barth, Casselman, Rhodes and
maybe Jacobs, met. The initial story came to Kotz from
Jacobs or O'Neill. Sampson gets upset that Agency rules not
followed with respect to press. Press wanted to know if
PAPARS
President signed, if not who did, how many pieces given,
nature of gift, when made, etc. Sampson sent for fle from
Casselman's office. Casselman asked Barth for Deed of Gift,
only copy found was a xerox made by Casselman's office, had
forgotten that they had given it to Muir. December, 1972,
Muir gave Deed back to NARS, NARS misfiled and did not find
until May, 1973. Casselman then got together with Barth,
Roth, Jacobs and O'Neill. At the same time, Smapson met
with Buzzard, Wright, Morgan at White House. Morgan swears
Eabt he was in California in 1969 and executed Deed of Gift
and can document that. (Casselman told this by Sampson,
who was told by Morgan at White House meeting.) (Also,
Sampson spoke to GARMET , who spoke to DeMarco who said
there would be no community property problem. Casselman
happy to hear good news.) Sampson suggested staying in touch
with Doug Parker.
R FORD LIBRARY
GERALD
Page Seven
Who indicated to Sampson that Archives officials
refused to sign Deed and accept gift for U. S. because
President did not sign it as had been been prior practice?
Casselman does not recall how Sampson got information. As
of June, 1973, Casselman does not see any problem for GSA.
2
Items for gift not selected until late 1969. Did Casselman
discuss that with anyone? Did everyone understand Mat items
being given not chosen until late 1969? Casselman says he
thinks that was probably realized and probably brought to
their attention by Archives. June 1973 did not have too
many conversations with Parker, maybe one or two. (July and
August 1971, Phil Tannenbaum, Tax Advocates, came out with
Brief and GSA responded. Casselman told Parker they were
SMT
doing itn)
2
June, 1973, White House indicated that appraiser
had indeed selected materials in April 1969. Casselman
a
(
brought that to attention as late as December 1973. Barry
Roth says there was no way that Newman could have been at
Archives in April, 1969. Casselman first saw estimate docu-
metur December 7th. Barry Roth told Casselman that Newman's
affidavit could not be correct nor could he have come up
with that figure in April 1969. December 5th Casselman
received advance copy of Statement. Tried to contact John
Rose on 6th and 7th, but he could not be reached. Called
Fred Fielding and tells him that portions of statement not
correct and affidavit false, that he better check further.
Rose calls and meeting set for December 7 with Rose, Casselman
and Gimmel. Rose and Casselman go to Archives on 8th.
Casselman aware in June 1973 that Morgan at meeting
2
with Sampson and someone at White House mentioned that
DeMarco had been asked about community property question.
First time Casselman met DeMarco was at a meeting with
Kalmbach re San Clemente. No dicussion of gift at that time.
Casselman not aware of any direct contact between DeMarco
and anyone at GSA during summer of 1973. Heard in November
from DeMarco that he had prepared Deed. Casselman had no
discussions in summer 1973 with Morgan or Newman ON ORAJ
GERALD FORD GRS. LIBRARY
Page Eight
SROMMN
Late August, Casselman calls in Steve Garfinkle and
asks him to go to archives re Tannenbaum charges. Garfinkle
comes back and wants to talk to Casselman, there's something
funny about Deed. Late September, xerox markings on Deed
same as xerox markings on attachment which was not attached
until 1970. This means that Deed must have been back-dated.
Casselman called Garmet at that time and asked if he had
SUPPLY As TO Dresm, BR,
information he could use. Casselman instructed Garfinkle to
write memo outlining all information needed. Garkfinkle
AGRESSMENT or
asked to put together a chronology and Tannenbaum charges
and to make photograph of Deed that would show xerox tracks.
Casselman thinks he spoke to Parker about xerox markings.
Meeting arranged for October 2. Prior to Oct. 2, meeting
with Burt Rhodes (maybe Don Young) and Casselman and Sampson
to explain xerox tacks. Casselment / met with Parker, Gramet
and Buzzard and laid out the whole mess. Their reaction was
could the xerox make the same tracks in 1970 as it did in
runovy,
1969? Casselman does not recall discussing any reexecution
at that time.
that
Day of hearings Casselman getsx becomes ill and doctor
puts him to bed for two weeks. Goes back to GSA October 23rd.
November 1 get first Weiker letter. November 8th goes to
Atlanta for convention. Before leaving calls Parker re
response to Weiker letter, tells him if he wants to go on
LITTER STOCH
record he should answer the Memo Casselman sent him on Sept.
ALSO SAYS PLACES
2
28. Parker asked to see copy of Weiker letter. Assumes
Parker, DeMarco and Morgan met sometime in October to discuss
problem. November 8th Caseelman leaves for Atlanta and does
not return until November 19th.
November 27th Casselman believes Burt Rhodes brings
to his attention LIvingston memo of October. Problems had
come to her attention in June during Kotz article. Don
Young instructed to call Mary Livingston in and ask about
information brought to her attention. Sampson and Casselman
meet re next step -- to interview Morgan. Sampson concludes
FORD
R.
LIBRARY
interview should be on a friend to friend basis rather than
under oath. Casselman calls Morgan in on 28th (up to that
GERALD
Page Nine
had not discussed matter with Morgan). . Asked Morgan to come
in and tell him what he could about Deed of Gift for both
1968 and 1969. (THe one meeting Casselman had had with
Morgan was a luncheon re San Clemente and Key Biscayne.)
Morgan came to Casselman's office in late afternoon or early
eveing and went over 1968 Deed of Gift. (Casselman did take
notes of that meeting, Horowitz requested copy of same.)
At this point Horowitz suggested meeting again
July 10th to discuss conversations with Morgan and DeMarco.
BLB and Casselman agreed.
RFORD
R
GERALD
July 9, 1974 - Meeting with Special Prosecutors,
Horowitz and Hecht.
Re: Nixon Deed of Gift.
Allegations of Fraud re President's
gift and tax deduction, 1969.
10:10 A.M. commeneed
Casselman - Background:
Came to Washington in 1964. Employed by Congressman
Bob McClory as law clerk and later Legislative Assistant.
Employed until 1968 when joined campaign as advance man.
During campaign reported to scheduling officer, John Whitaker,
and Ken Cole. Sometimes did work for Vice President and
President. Worked primarily in New York. Worked fulltime
for approximately two months (Sept. Oct. & part of Nov.).
After election went back to work for McClory. Asked by
Whitaker to go back to work, primarily Congressional relations.
Worked for Harry Fleming. In January, 1969, Harry Fleming
asked Mr. Casselman to join personnel office. Met ED MORGAN
during campaign. Did not work with Crogh (?), did not oFRep know him.
Summer of 1969 went to work for Bill Timmons, at House with
Dick Cook stayed there until June, 1971, when went to GSA.
While with Timmons worked with Public Works Committee and
Government Operations Committee, had fair amount of work with
GSA.
Had not intended to go with GSA. Was first approached
by General Lincoln (OEP) to come to work as General Counsel.
Just before making final decision was contacted by Ted Trimmer
of GSA to come by and discuss position as General Counsel, GSA.
(Ted Trimmer was informed by David Lisy (?), who had previously
worked for Mr. Casselman, that Mr. C. was looking around for
new position.) Mr. Casselman felt GSA a better opportunity,
commenced employment on June 7, 1971. Mr. C's Deputies were
Bill Barth and Jack Berkson, both of whom had been with MANKIN
prior to Casselman's employment at GSA. Stayed with GSA until
December 10, 1973, when jointed Vice President Ford's staff
as Legal Counsel.
FORD GERALO LIBRARY
Page Two
Secretaries while General Counsel, three (3), Mary
Noon, previously worked for Mankin; Beverley Barrick, brought
in by Mr. Casselman (went back to Hill to work for Gary Brown);
January, 1972, Brenda Wilson, had been in Agency either worked
in Administrator's office or Deputy's office. Two calendars
maintained of daily acitivities, one by Mr. Casselman the other
by Brenda. Telephone logs were kept, but Mr. Casselman
periodically destroyed them. Calendars are still kept.
Prior to June, 1971, Mr. Casselman did not know about
Presidential gift. Seems to recall a Memorandum to staff
in 1969 saying give your papers to Nixon Library. Did not
know that actual gift had been made. First found out during
briefing with Mankin approximately three days before actively
taking position at GSA. Focus of briefings was primarily
in re appropriations. Mr. Casselman's personal staff consisted
of approximately 150 persons located here in Washington and
in Regional offices. At that time had six operating divisions
in which Archives is included in LR.
Archives at that time headed by Julius Silverstein.
Before Silverstein
came David Fisher, succeeded by Bob Yock (?) (Admin. and
Records Division). Yock had been in that division before,
had been Executive Assistant to Administrator after Trimmer.
When Administrator left, Yock came back.
MANKIN briefing included matters of White House interest.
GSA had admnistartion of White House East and West Wings,
EOB, San Clemente and Key Biscayne. Lead Agency for some
legislative on Pennsylvania Avenue Development Corporation,
reorganization bill, Post Office reorganiation, Kennedy Center,
Nixon Library (primarily planning for library, began with
Mankin; Archives administers all presidential libraries.)
(Also worked on Kennedy Library.)
Page Three
Focus of discussion on Deed of Gift which Mankin said
was in Barth's safe, two problems: (1) Mrs. Nixon did not
sign it, therefore there may be a community property problem;
(2) ED MORGAN's power of attorney. Barth could have been in
on briefing but Mr. Casselman cannot recall. Cannot recall
whether or not he took notes at that briefing, but if he did,
they would have been on appropriations and he would have
thrown them away. Regarding Deed of Gift, Mankin said he
tried to take up problems with White House a couple of times,
but to no avail. Did not impress upon Mr. Casselman any
urgency, said he could attend to it in due course. Memo of
June, 1970, from Mankin to Morgan was found by Mr. Casselman
in late 1973 or early 1974.
Mr. Casselman recalls Mankin said Deed was in Barth's
safe, does not recall seeing Deed at that time, and does not
recall talking to Barth at that time. Mr. Casselman assumed
if you had gift you should have a Deed. Knew that a Deed was
not absolutely necessary but it was a good idea. Mankin told
Mr. Casselman sometime in 1974 something about Deputy Byron
Harding working on Deed and having some problems. Byron
Harding was the person who focused on the lack of signatures.
Mr. Casselman was told by Barth either Nov./Dec. 1973, that
Barth and Harding had done a Memo on signatures, but it could
not be found. Mr. Casselman never heard anything about
General Counsel's office wanting to protect President or
writing language of Deed which turned out to be a problem.
In early September, 1971, Barth began working with
Jacobs who worked with Dapray Muir from Dean's office.
Worked primarily on record-keeping and President's Will.
(Jacobs worked with Barth rather than Fisher, Yock or L&R
because Fisher was young and inexperience, and Barth and
Casselman had better rapport with Archives.) Jacobs called
Barth and set up September, 1971, meeting. Barth asked
Casselman to attend. Casselman recalls Barth suggesting
taking the original Deed of Gift to meetingto clear up
signature problems. (In 1973 there was a copy of the Deed
GERALD R. FORD LIBRARY
of Gift in GSA file entitled Nixon Library. Mr. Casselman
Page Four
cannot recall if the 1968 Deed in file or note. Only person
who could reconstruct what was in file would be Barry Roth
who was Chief Librarian.)
Before meeting in September, 1971, Barth or his secre-
tary took file out of safe. Mr. Casselman cannot say with
absolute certainty that he looked through file at that time.
Barth and Casselman took Deed (a xerox copy with original
signature) to meeting. Fairly formal luncheon meeting.
Thrust of conversation about record-keeping and President's
Will. During course of discussions, brought up Deed of Gift
and showed it to those present. Muir was given Deed of
Gift. Mrs. Nixon's signature was discussed. Also discussed
a
wer of attorney being done giving Mrogan retroactive
power of attorney.
Deed was a complete surprise to Muir. At later time,
Muir recall some conversatio on signatures, on deed itself
rather than gift, etc. Casselman did not know enough about
the Deed of Gift to discuss it. Does not recall anyone saying
anything about looking into whether or not Morgan had power
of attorney. To Casselman's knowledge, no one contacted
Morgan during Summer of 1971. Doesnot recall discussing
range of alternatives.
Casselman knew Morgan to be counsel to President.
All they really wanted to do was clear up documentation. At
one point, Morgan had told Mankin that he had taken care of
certain personàl activities for President, i.e. registering
him to vote, taking care of drivers license.
Casselman does not remember any reference to Tax
Reform Act being made at meeting. Does recall that Archives
was sensitive to Act. Feels he was probably aware of Act
but does not recall any discussion of same. Main concern at
meeting was to clear up paperwork. Did not ask Muir for a
receipt and does not recall discussing with Barth whether or
not Deed wasneeded. Did not write memo to file regarding
meeting and did not take notes. Someone was to follow up on
LIBRARY GERALD FORD
Page Five
Presidential Will and Presidential Boards and Commissions.
Does not recall whether deed was identified as an original
or not. Does not recall cautioning Jacbos and Muir about
original. (Did not become concerned about original (non-
xeroxed copy) until September, 1973.)
Summer of '71, Casselman gets call from Dep. Admin.
Rod Creager . Archives is concerned about cut-off point for
gifts. Asked Casselman's office to draft legislation. Bill
Woodside did actual drafting of two bills (1 for complete
restoration, the other 50% restoration). No discussions with
White House about this legislation. If passed, could have
been of benefit to President or whoever donated papers
respectively.
Legislation submitted to OMB for transmittal to Congerss.
OMB said no and bill died. Same bill proposed in 1972,
does not know what realy happened in '72. Thinks it passed
OMB, but is not sure.
Jack Anderson wrote article that White House had
written legislation to restore tax deduction for benefit of
President. (Horowitz would like a copy of that article).
GSA Administrators - Kunzig leaves 1971, then Creager,
then Trimmer, AEKIN then Sampson (Served as Acting Administra-
tor for almost a year before being confirmed).
Sometime in '71, Casselman was told of President's
desire to establish library (he thinks by Dean). In 1971,
Doug Kinsey (Property Disposal Service) goes to California
to review property (Camp Pendleton) as possible site for
library. Property had been set aside as Security Zone by
Secret Service. Major contact at that time was Dean. In
1973, major contact became Fred Fielding. Received phone
call from Kinsey that property was adequate from construction
standpoint. At that time a memo was done dealing with options
on acquiring property. Nothing else done on library until
December, 1972. It was then (1972) decided that President
would seek by legislation to get 145 acres of Camp Pendleton
for library. Casselman himself wrote legislation and forwarded
GERATO R. FORD LIBRARY
Page Six
to Timmons along with a memorandum. Casselman whet to Calif.
himself to see property, needed survey. Bill came back to
be refined. Dick Cook and Casselman briefed House Armed
Services Committee. Casselman felt this to be good opportunity
for Agency because library would be underway before President
left office. There were more refinements of the Bill, then
Watergate broke and that was that. Worked with Dean and
Fielding.
June, 1973: Sampson coming in and hearing going on.
Had to review all cases he had ever been involved in. Sampson
went through easily. Civil Service Commission began investi-
gation re GSA hiring policy. Also began preparing for Brooks
hearings. June through November, major work on Key Biscayne
and San Clemente. Also did review of all expenditures made
on Presidents back to Truman.
Barth calls Casselman re inquiries from Washington
Post re Deed of Gift. June 7th Barth, Casselman, Rhodes and
maybe Jacobs, met. The initial story came to Kotz from
Jacobs or O'Neill. Sampson gets upset that Agency rules not
followed with respect to press. Press wanted to know if
President signed, if not who did, how many pieces given,
nature of gift, when made, etc. Sampson sent for
from
Casselman's office. Casselman asked Barth for Deed of Gift,
only copy found was a xerox made by Casselman's office, had
forgotten that they had given it to Muir. December, 1972,
Muir gave Deed back to NARS, NARS misfiled and did not find
until May, 1973. Casselman then got together with Barth,
Roth, Jacobs and O'Neill. At the same time, pson met
with Buzzard, Wright, Morgan at White House. Morgan swears
taht he was in California in 1969 and executed Deed of Gift
and can document that. (Casselman told this by Sampson,
who was told by Morgan at White House meeting.) (Also,
Sampson spoke to her Garment, who spoke to DeMarco who said
there would be no community property problem. Casselman
happy to hear good news.) Sampson suggested staying in touch
with Doug Parker.
FORD R. GERALO LIBRARY
Page Seven
Who indicated to Sampson that Archives officials
refused to sign Deed and accept gift for U. S. because
President did not sign it as had been been prior practice?
Casselman does not recall how Sampson got information. As
of June, 1973, Casselman does not see any problem for GSA.
Items for gift not selected until late 1969. Did Casselman
discuss that with anyone? Did everyone understand tat items
being given not chosen until late 1969? Casselman says he
thinks that was probably realized and probably brought to
their attention by Archives. June 1973 did not have too
many conversations with Parker, maybe one or two. (July and
August 1971, Phil Tannenbaum, Tax Advocates, came out with
Brief and GSA responded. Casselman told Parker they were
doing it.)
June, 1973, White House indicated that appraiser
had indeed selected materials in April 1969. Casselman
brought that to attention as late as December 1973. Barry
Roth says there was no way that Newman could have been at
Archives in April, 1969. Casselman first saw estimate docu-
metn December 7th. Barry Roth told Casselman that Newman's
affidavit could not be correct nor could he have come up
with that figure in April 1969. December 5th Casselman
received advance copy of Statement. Tried to contact John
Rose on 6th and 7th, but he could not be reached. Called
Fred Fielding and tells him that portions of statement not
correct and affidavit false, that he better check further.
Rose calls and meeting set for December 7 with Rose, Casselman
and Gimmel. Rose and Casselman go to Archives on 8th.
Casselman aware in June 1973 that Morgan at meeting
with Sampson and someone at White House mentioned that
DeMarco had been asked about community property question.
First time Casselman met DeMarco was at a meeting with
Kalmbach re San Clemente. No dicussion of gift at that time.
Casselman not aware of any direct contact between DeMarco
and anyone at GSA during summer of 1973. Heard in November
fro- DeMarco that he had prepared Deed. Casselman had no
FORD A. LIBRARY GERALO
discussions in summer 1973 with Morgan or Newman.
Page Eight
Late August, Casselman calls in Steve Garfinkle and
asks him to go to archives re Tannenbaum charges. Garfinkle
comes back and wants to talk to Casselman, there's something
funny about Deed. Late September, xerox markings on Deed
same as xerox markings on attachment which was not attached
until 1970. This means that Deed must have been back-dated.
Casselman called Garmet at that time and asked if he had
information he could use. Casselman instructed Garfinkle to
write memo outlining all information needed. Garkfinkle
asked to put together a chronology and Tannenbaum charges
and to make photograph of Deed that would show xerox tracks.
Casselman thinks he spoke to Parker about xerox markings.
Meeting arranged for October 2. Prior to Oct. 2, meeting
with Burt Rhodes (maybe Don Young) and Casselman and Sampson
to explain xerox tacks. Casselment met with Parker, Gramet
and Buzzard and laid out the whole mess. Their reaction was
could the xerox make the same tracks in 1970 as it did in
1969? Casselman does not recall discussing any reexecution
at that time.
Day of hearings Casselman geksx becomes ill and doctor
puts him to bed for two weeks. Goes back to GSA October 23rd.
November 1 get first Weiker letter. November 8th goes to
Atlanta for convention. Before leaving calls Parker re
response to Weiker letter, tells him if he wants to go on
record he should answer the Memo Casselman sent him on Sept.
28. Parker asked to see copy of Weiker letter. Assumes
Parker, DeMarco and Morgan met sometime in October to discuss
problem. November 8th Caseelman leaves for Atlanta and does
not return until November 19th.
November 27th Casselman believes Burt Rhodes brings
to his attention LIvingston memo of October. Problems had
come to her attention in June during Kotz article. Don
Young instructed to call Mary Livingston in and ask about
information brought to her attention. Sampson and Casselman
meet re next step -- to interview Morgan. Sampson concludes
interview should be on a friend to friend basis rather than
FORD R GERALD LIBRARY
under oath. Casselman calls Morgan in on 28th (up to that
Page Nine
had not discussed matter with Morgan). . Asked Morgan to come
in and tell him what he could about Deed of Gift for both
1968 and 1969. (THe one meeting Casselman had had with
Morgan was a luncheon re San Clemente and Key Biscayne.)
Morgan came to Casselman's office in late afternoon or early
eveing and went over 1968 Deed of Gift. (Casselman did take
notes of that meeting, Horowitz requested copy of same.)
At this point Horowitz suggested meeting again
July 10th to discuss conversations with Morgan and DeMarco.
BLB and Casselman agreed.
GEALO R. FORD LIBRARY
July 10, 1974 - Meeting with Horowitz and Hecht
Special Prosecutor's Office
Re: Late November, Early December
Meetings with Morgan and Con-
versation with DeMarco.
Meeting began approx. 2:33 P.M.
November 27th Rhodes comes to Casselman's office and
shows Casselman Livingston memorandum. Just wanted Casselman
to know about it and get his appraisal. Casselman concludes
that memo cannot be ignored. (Thought information referred
to in memo probably xerox tracks.) Casselman suggests that
both he and Rhodes take the matter up with Sampson. on
Nov. 28th, Rhodes, Don Young, Casselman and Sampson meet.
(Casselman thinks he may have brought matter to the atten-
tion of John Rose at that time also.)
At meeting with Sampson on 28th, Casselman says memo
cannot be ignored and it is decided that Don Young should
speak to Mrs. Livingston to find out exactly what the memo
refers to. Then decided that Casselman would call Morgan.
Young notified Casselman that Livingston was referring to
xerox tracks. (Also, Rhodes brings Deed of Gift to meeting.)
Sampson goes over procedure for Morgan meeting with Casselman.
Decided that meeting should be on a friendly basis. The
feeling at that time was that memo was a typical bureau-
cratic act. Casselman calls Morgan afternoon of 28th to
arrange meeting.
Casselman tells Morgan, we are doing a factual inquiry
re Deed of Gift. We would like to know everything you know
about 1968 and 1969 gifts. Did not reveal that they thought
there may be a problem nor did he say that there may be an
investigation. Regarded meeting as being a factual inquiry
or study. Meeting arranged for 4:30 P.M. that afternoon.
Meeting set for 4:30 however, Casselman thinks Morgan
came in a little late. Casselman had asked Barth's Secretary,
Martha Adams, to stay late (she was not present in Casselman's
FORD LIBRARY i GERALD
Page Two
office during meeting). Casselman did take notes during
meeting (which have been turned over the Prosecutors).
Morgan did not take notes. Casselman worked off Garfinkle's
chronology and two Weicker letters. Casselman wanted to
know everything Morgan knew about '68 and '69 Deeds of
Gift. Morgan says fine and appears to be very candid.
Casselman feels he does not know that much about matter at
this point. (Casselman had not had a chance to speak to
Morgan for some time, meeting relaxed, both seemed to be at
ease.)
What Casselman really wanted to know was when and how
Morgan signed '68 and '69 Deeds, when and how they had gotten
to
with
to
to GSA, who had access and how they got access to papers.
Morgan did not seem to be extremely overjoyed to be there.
Morgan looked tired, distraught (not particularly about him-
self, about others and Watergate in general). Seemed depressed.
(Q: Did Morgan mention Kroch? Response: After Casselman
goes through Deed matter Morgan speaks of better times and
old friends. Speaks of knowing Kroch well, upset about his
service in White House with net result being he is being
dragged into Watergate, his marriage had broken up, remarks
that White House somewhat puritannical, had spoken to Erlichman
re divorce.)
Casselman offered to show Morgan papers he had at meeting.
Morgan declined. Began with items in Garfinkle memo.
1. Casselman feels Morgan did not do too much work on
'68 gift. Casselman not particularly worried about '68.
See Casselman notes from meeting.
2. Did not question as to similarity between '68 and
'69 Deeds of gift. Casselman himself never put the two
Deeds of gift together for analysis. See Casselman notes
from meeting. Casselman seems to recall that Morgan may
have said that Secretary brought Deed into DeMarco's office.
(Casselman not really sure on this point as he also recalled
GERALD FORD
Page Three
a meeting with DeMarco which he himself had attended with
Bob Yock, Bob Rice, Doug Hines (?), Casselman believes that
his whole investigative staff may have been present but
not sure. Meeting was in reference to San Clemente property.
Morgan's description of those present and the relaxed atmos-
phere jarred Casselman's memory re S.C. meeting.) Casselman
not sure if he actually asked Morgan who was present at
time he signed Deed, Morgan may have said Kalmbach, but
really not sure. (At time of Casselman/Morgan meeting no
one had thought of possibility of re-execution. Thought
Deed was either back-dated or xerox tracks were same in
'69 and '70, a coincidence.) Casselman thinks Morgan said
signing took place on coffee-table in DeMarco's office.
Casselman proceeds with fine points, believes Morgan
to be candid, had not shown him Deed as yet. Morgan says
he checked journals and that he is 98% sure that he
signed Deed. But explained that he was not 100% sure.
Casselman does not recall any exchange on xerox question.
at that time.
(Q: When you looked at October 2 memo from Mary
Livingston, did you understand at that time that there was
a schedule showing items which constituted gift which could
not have been picked until March of 1970 and that xerox
tracks on Deed and schedule were the same and that there-
fore the Deed had to be signed after March, 1970? Casselman
not really sure, does not recall.)
13. Garfinkle chron. reference to April 10. See
Casselman notes from meeting. (Casselman was not aware
that RN had signed tax return on April 10 or that Demarco
was in town that day.)
Casselman does not recall if he asked Morgan who he
told at GSA that Deed was in California.
Weicker Letter 1 - Casselman believes he just
over letter generally. See notes from meeting.
FORD
LIBRARY
GERALD
Page Four
Asked Morgan about Greening (Newman's assistant). Morgan
did not know her.
Around 6:10 Casselman calls in Martha Adams who witnesses
Casselman taking Deed out of safe. Casselman tells Morgan
he want to show him Deed of Gift. Spreads out Deed of Gift
on coffee table. Notes that xerox tracks are the same all
the way across. Asks Morgan, You signed on April 21, have
you ever seen this schedule before? Morgan says no. Cassel-
man says his people form him that schedule could not have
been done until Late '69 or early '70. Asked Morgan if he
back-dated Deed. Morgan (almost in tears) swears that he
was in California and signed Deed when he said he did.
(Casselman only what his people told him about xerox
tracks, he himself at not been to archives or talked to
Mary Livingston.) Casselman did not even think of possible
re-execution at that time.
For approximately next hour, Morgan speaks of days in
Washington. Attributes Watergate to President's political
enemies. Seemed to be very depressed and distraught. Dis-
cussed possibility of being used and how many others had
been used, such as Dean and Kroch. Talks about going back
to Arizona although he does not have job there. Morgan
says he has had it. He is gong to start all cover again.
Says he wants to write a book. Suggests Casselman have a
drink with him. Casselman declines giving some excuse.
That meeting was the last Casselman saw of Morgan.
iF
Casselman feels Morgan unwittingly used Casselman
depressed from conversation; wished to avoid having drink
with Morgan that night. In part, depth of Morgan depres-
sion was, including Kroch and Dean problems, might have
been his (Morgan's) problems. This Casselman surmized
rather than Morgan direct comment. Recalls phrases:
"high use factor", "Special Prosecutors with blood running
from their eyes. "
FORD R. GERALO LIBRARY
Page Five
Casselman goes back to Sampson next morning to report.
Says Morgan swears he signed Deed of Gift when he said he
did, but could not explain xerox tracks. Casselman says
Morgan seemed distraught. Sampson and Casselman discuss next
step. To talk to DeMarco. Casselman asks if DeMarco should
be flown to Washington or should they fly to DeMarco. Sampson
says just give him a call.
Casselman calls DeMarco, focused on '69 Deed only.
Asked him to explain xerox tracks and he did. Casselman
says he recalls being satisfied with explanation until he
s peaks to Barth and Roth. Barth and Roth say explanation
does not make sense. (Cannot remember exactly what it was
but there was something wrong.) Casselman calls DeMarco
again, approximately 30 minutes later. (See Casselman notes
of telephone conversatinn.) Casselman seems to recall
DeMarco mentioning something about Secretary of State and
notary laws. In effect, can prove Deed notarized when said
it was. Casselman goes back to Barth and Roth after conver-
sation and they agree that explanation makes sense.
see Casselman notes re conversation.
Casselman talks to H.C. Rose,/both think it strange
that Morgan does not remembee signing again. Casselman
goes back to Sampson to report on conversations with DeMarco.
Casselman suggests maybe calling Morgan again. Calls
Morgan on 11/30, asks if Morgan has anything to add to his
story. Morgan did not volunteer or say anything about
re execution in 1970. Morgan asked if xerox tracks could
be explained, Casselman said yes but did not give explanation.
Casselman calls John Rose back and tells him that he (Casselman)
has some very srious doubts about this matter. Rose says
call him back.
Casselman now focuses on november 16 memo from Doug
Parker to him. (Memo mentions nothing about re-execution.)
Casselman believes something wrong, facts don't fit together.
Art seemed satisfied at that time (before coversation with
R.FC.
Morgan). Monday, Casselman calls Don Young and tells him
GERALD
to tell Sampson to forget about Friday's discussion, that
Casselman thinks we better see more documents. Barth and
Roth concur that Newman statement had to be false, there
Page Six
was no way Newman could have made appraisal when he said
he did.
On 12/6 Casselman gets memo back from Don Young written
on 4th. Casselman at that time wrote a memo to file.
See Casselman notes re meeting with Jacobs re going
over documents at archives. Casselman asked Jacbos at one
time if he could see original of '68 Deed of Gift. Jacobs
told him it was lost.
Casselman does not really recall speaking to Mankin in
fall of '73, although he did call Mankin once and asked
what he remembered. Does not recall ever speaking to Harding,
thinks maybe Barth did in relation to memo re signatures.
Q: In December do you remember seeing a draft of a
letter to Newman from Mary livingston re her letter being
only Deed? Does not recall exactly when he saw letter,
thinks it was when Roth put together black book.
Horowitz instructed Casselman re Grand Jury appearance.
Told Casselman to keep answers precise, not to go into a
narrative unless a specific question required it. Horowitz
said he wants to keep the Grand Jury record rather sparse
at this time. Horowitz did not feel that matters discussed
on July 9 would be covered, if at all very little. However,
matters discussed at July 10 meeting will definitely be
overed at Grand Jury.
Meeting concluded approximately 5:03 p.m.
GRAAD
FORD
0
On May 16, 1974, at approximately 10:00 p.m., I received a telephone
call from Art Sampson in response to my previous call to him this
afternoon.
I described to him Trimmer's concern about the pattern of questioning
that had developed recently by the Special Prosecutor's Office regarding
the 1969 deed of gift.
I went over the chronology of events with Sampson that I had previously
covered with Trimmer and Young. Sampson's recollection differs from
mine in a few basic respects.
First, Sampson believes that he received the Livingston memo ineearly
November from Rhoads. This is not consonant with the recollection of
Roth. However, I cannot dispute it one way or the other because I have
no independent recollection of when or how it was received.
We are generally in agreement on the sequence of events. Sampson
reminded me of some concern which I expressed regarding differences
between the Morgan and DeMarco versions as to the place of execution (Cabf.)
(I.C.)
and reexecution of the 1969 deed of gift. He recalls that this was not
1
GERAL R. FORD LIBRARY
2
particularly significant and that it was resolved to his satisfaction.
The only other major difference was with respect to my knowledge of the
December 4 memo. Sampson indicated that the thought that I had written
the memo or concurred in it. I told him that this was not the case, that
I had no knowledge of the memo prior to my receiving it on December 6,
and that I had sharply explained to Young that I thought further inquiry was
required.
}if not written by Bill; then who would have?
My subsequent second thoughts about the explanation was the result of
re-reading Parker's November 16 memo. As it turned out, however,
this concern was unfounded.
abouth within 7 the niginal and deplicate nigural
was not 9 ay major
I explained to Sampson my telephone call on or about December 3 to
Young expressing this concern and my subsequent anger with Young
about the memo when I learned of it. Young's explanation was that
this memo was not intended in any way to cut off my inquiry, but was
only a determination that it should not be pursued outside of GSA at this
time.
The above memorandum of telephone conversations was written by Roth
and me from memory and notes immediately following the conversation.
FORD A. LIBRARY OLAMLO
On May 16, 1974, at about 6:00 p.m., I received a telephone call from
Ted Trimmer. As a result of interviews by the Watergate Special
Prosecutor's Office with Messrs. Roth, Garfinkel, and Barth of the
GSA Office of General Counsel and Messrs. O'Neill, Jacobs and
Ms. Livingston of NARS, certain information had come to his attention
from these parties which he wished to discuss with me in the context of
my work at GSA on the 1969 Nixon deed of gift. Trimmer said that the
pattern of questions by the Special Prosecutor's office suggested that
GSA and the White House were running a cover up of the alleged inadequacy
of the 1969 deed of gift for income tax purposes. Trimmer stated that he
was very surprised by this, since he felt that the questions should
logically
legally focus on the adequacy of the 1969 notorization. He indicated that
as far as my involvement was concerned, the Special Prosecutor's Office
seemed to be focusing on my November/December 1973 inquiry *** into
the "xerox tracks" on the deed of gift, Don Young's discussion with
Mrs. Livingston as part of the above inquiry, and Sampson's memorandum
of December 4 to Rhoads concluding that there was "no issue regarding
the circumstan ces of the gift which GSA should consider referring to any
investigatory body." Trimmer indicated that the questions focused on the
meetings held with the White House and within GSA, the issues discussed,
the participants, etc. He further indicated that he was concerned that
Sampson had said that he was "unaware" of any disagreement with his FORD
memorandum to Rhoads. His discussion with Sampson did not
gelFwith LIBRARY
my comments to Trimmer regarding the memo at the time I left GSA.
2
I then went over the chronology of events with Trimmer as best I could
recall it, beginning with September 1973, but concentrating on the time
period after I received the Livingston memorandum. Trimmer indicated
that based on my recollection of the facts there might have been a failure
of communication between Sampson and me and he suggested that I take the
matter up with Sampson so that he would understand by view. I indicated
that I would. Because of Sampson's reputation for shoot from the hip
type decisions, Trimmer stated that he could understand why Sampson
might write the December 4 memo without checking further with counsel.
I was unable to reach Sampson by phone. Realizing that much of my
communication during that period had been with Don Young, I called
Young at home to verify my understanding of the facts. At best we can
reconstruct them, they are as follows:
Roth recalled having received the October 26 Livingston memo from
Young in mid or late November. Young indicated that he thought that he
had received a carbon copy from me, but could not say for sure how he
received it. I have no independent recollection of how delivery was made.
A meeting was held in late November between Rhoads, Sampson, Young
and me to discuss the memorandum. The general feeling was that the
GERALD R. FORD LIBRARY
3
memorandum was the typical cover your ass type bureaucratic memo,
alerting the Archivist to a matter that had been called to my attention by
Garfinkel (not the Archives) fully one month before. We thought the memo
was referring to the'xerox tracks" matter and for that reason Rhoads
brought along a copy of the deed of gift which we examined. Since the
xerox track markings were apparently not toner and the markings did not
carry over from page to page, we concluded that they could be caused by
almost anything. Based on stray xerox marks it was Sampson's view,
agreed to by everyone present, that the matter did not warrant going out
but
of the agency at that time, and that we should look into the matter further.
It was decided that Don Young would interview Mrs. Livingston and that
I would discuss the matter with the principals involved, namely Morgan
and DeMarco. (It should be noted that I had previously brought this
xerox track issue to the attention of White House Counsel in early October,
me at
and Parker had been informed that they did not put much stock in the
n
xerox tracks theory based on their discussions with Morgan and DeMarco).
In the course of his discussions with Mrs. Livingston, Young ascertained that
her information related to the "xerox tracks". He asked if she realized that
she was accussing the President of a felony. She asked Young whether or not
he was asking her to withdraw the memorandum. Young indicated throilo
was not, but wanted to test the depth of her commitment.
GERALD THEREIT
4
On or about November 28, I met with Morgan. I checked him out on the
facts of the chronlogy developed by Garfinkel in September and also
checked him out on the questions and answers on the first Weicker
letter and the proposed reply to the second Weicker letter. I then took
the deed of gift, which had been given to me by Sampson that morning,
out of my safe and, in a somewhat melodramatic fashion, asked Morgan
whether he could explain the xerox tracks. He indicated that he could not.
well me if be had additional information.
I asked him to think about it and would talk to him later. I believe that
q
I then reported to Sampson that Morgan was alright on his facts, but could
not explain the xerox tracks. It was agreed that I should go ahead and talk to
DeMarco. Sampson and I discussed generally the types of questions that I
should ask DeMarco. Did he own a xerox? How long had he had the xerox?
How often had the roll on the xerox been changed ? Could he explain the xerox
tracks problem?, etc. Prior to calling DeMarco, I met briefly with Bill Barth
and Barry Roth to determine what additiona information I should seek
from DeMarco. DeMarco explained the xerox tracks to my initial
satisfaction in a reasonable manner, although there were one or two
aspects of his explanation that left me puzzled. I met briefly again with
Barth and Roth, and went over the DeMarco explanation and asked whether
or not it was procedurally possible for the xerox tracks to be explained
in the way in which he indicated. They stated that there appeared to be
one or two issues that didn't seem clear and I decided that I would FORD
DeMarco back for a further explanation. DeMarco explained
the matter GERALD LO LIBRARY
5
to me once again and I checked his version out with Barth and Roth. It
appeared to be consistent with the facts as we understood them. However,
because of the two slightly different versions of the story, I decided to
check with Jon Rose, who had been working on the matter for the White
House, to see what explanation DeMarco had given them. John put his father
on the telephone and H. Chapman Rose explained the xerox tracks the
same way that DeMarco had. This satisfied me and I reported to Sampson
that DeMarco checked out on the facts and on the xerox tracks, but that
I thought we should continue our inquiry, especially looking at documents
in the Archives. Sampson agreed.
A short while later, I believe it was the morning of December 3, I called
Don Young and informed him that after re-reading some of the memoranda
in my files, particularly, the Doug Parker memo of November 16, that
I could not fit all of the facts together exactly right and that he should
notify Sampson of this. I stated that Parker's explanation of DeMarço
, and anocling
the
having initially executed an original and a duplicate original 9 did not gell
with my understanding of the facts. ( In a subsequent discussion with Parker,
he informed me that his memorandum was not to be taken literally, but
the
lother to morgan
was intended to be a confirmation of A fact pattern I had described to
Len Garment in my memo of September 27, 1973. )
UCRALD R. FORD LIBRARY
6
Young stated that he would advise Sampson of my "second thoughts, " which
he did. Young confirmelthat Sampson made the decision to send the memo
without contacting me and "against your better judgment. " On December 6,
I received a copy of Sampson's memo of December 4. Prior to that time I
had not know of its existence, nor had I had a hand in writing it. When I
saw the memo I immediately called Young and expressed my strong
objections to it saying that I thought that we had to seek more information
from the Archives in order to be able to make the conclusion that Sampson
did, and that I understood that I was to pursue this course of action. Young
indicated that the decision to write the memo had been a "judgment call"
by the Administrator and that I was to continue the inquiry, but that
Sampson felt that the information did not warrant referral outside of the
agency at this time.
I did continue my inquiry, urging also that the White House look at the
documents in the Archives before releasing any statement by the President.
Jon Rose did visit the Archives with me on December 8 to go over documents,
but we didn't find anything of significance other than the fact that the 1968
deed of gift was missing.
The above memorandum of telephone conversations was written by Roth
and me from memory and notes immediately following the conversation.
GERALD LIBRARY FORD
On January 19, 1974, at about 2:00 p. m., Barry Roth and I met with
Dr. Woodworth and Messrs. Shapiro, Weitzel, and Easterhaus of the
Joint Committee on Internal Revenue Taxation regarding President Nixon's
deeds of gift for 1968 and 1969 and, to a lesser extent, the work done by
GSA at San Clemente and Key Biscayne. The meeting was informal and
off-the-record. The following is an account of the questions and
answers reconstructed immediately after the meeting from notes and
memory.
(Woodworth opened the meeting by saying that they were primarily
interested in discussing the handling of the 1969 deed of gift. I told
Woodworth that I would be pleased to help them in anyway I could.
However, I might have some trouble separating subsequently acquired
knowledge from first-hand knowledge. I also said that I didn't have
much time to prepare and that I appreciated him permitting Roth to
be present, since Roth knew as much, if not more, than I regarding
the issues involved. Woodworth indicated he understood my position).
Question: When were you General Counsel of GSA?
Answer: I became General Counsel on the day after D-day, June 7, 1971.
I was General Counsel until December 10, 1973, when my appointment as
Legal Counsel to the Vice President was announced. I officially went off
the GSA payroll on December 12, 1973.
GERALD R. FORD
2
Question: When and what did you first hear about the deed?
Answer: Upon becoming General Counsel of GSA I was briefed by my
predecessor, Hart Mankin, regarding the deed. I believe I was also
briefed on the matter by Bill Barth, Deputy General Counsel to Mr. Mankin
during part of his tenure and Deputy to me during my two and one-half
years at GSA.
Mr. Mankin advised me of two problems with respect to the deed of gift.
First, there was the question as to whether Mrs. Nixon had to sign the
deed under California community property law in order to convey personal
property. Second, there was the question of whether President Nixon
had to sign the deed or, put otherwise, was Ed Morgan empowered to
sign for the President? Mr. Mankin did not stress the significance of
the deed and regarded it, as I did at the time, as a technical matter that
needed clearing up as a matter of good legal practice. Both Mr. Mankin
and I knew Mr. Morgan to be Counsel to the President, but we felt that
the deed should make such authority clear. Apparently, Mr. Mankin
had attempted to bring the subject up with the White House to no avail.
His lack of success probably can be accounted for on the basis that no
one likes to tell the boss that paperwork is not in order.
FORD R. LIBRARY GERALD
3
Question: Where was the deed when you became General Counsel?
Answer: I believe it was in the safe of my Deputy, Bill Barth.
Question: When and how did it get back to the White House?
Answer: In late August or early September of 1971, Dick Jacobs, Deputy
Director of the Office of Presidential Libraries, had been working with
Dapray Muir, an attorney in John Dean's office, on the President's will
and on record keeping procedures for Presidential boards and commissions.
At some point, they began addressing what Jacobs believed to be legal
issues and Jacobs suggested that the GSA Office of General Counsel be
advised. Barth then began working with Jacobs. A luncheon meeting
was subsequently set up between Muir, Jacobs, Barth and myself on
or about September 13, 1971.
The purpose of the meeting was to discuss Presidential wills generally
and to discuss the various ways in which the President could pass his
remaining papers to the Archives. In addition, there was concern for
the need for better record keeping for Presidential boards and commissions.
As an after thought-- I don't recall whether it was Barth's idea or my own--
we decided to bring along the deed of gift in the hope that Muir could help
us clear up the matter of Mrs. Nixon's signature and Morgan's power
of attorney.
FORD R. GERALD LIBRARY
4
The meeting was a relaxed luncheon meeting. I recall the deed of gift
being given to Mr. Muir, although I don't remember whether I gave it
to him or Bill Barth did. We gave the deed back not only to clear up the
matter of the signature and power of attorney, but also to give Mr. Muir
another reference to use in focusing on the problem of the matter of the
Presidential will. To some extent, too, the deed was given back as a
matter of bureaucratic unburdening. However, the meeting would have
been held regardless of whether or not there were any questions concerning
the 1969 deed.
Question: Did you hand back the deed in an envelope?
Answer: I don't recall and I don't recall whether I, in fact, handed back
the deed.
Question: Other participants present said you turned over an envelope,
and they had not seen its contents.
Answer: I don't recall that, perhaps they have better recollections than
I. There is no question in my mind, or Mr. Barth's, as to what we
were returning. I'm certain that Mr. Jacobs realized that it was the
deed of gift since it was discussed at the meeting.
5
Question: Did you return the original or a duplicate original?
Answer: Although I didn't examine the deed carefully prior to returning
it, I am certain now that I gave back a xerox copy with original
signatures.
Question: Did Muir know in advance that you were going to discuss the
questions about the deed?
Answer: Not to the best of my knowledge.
Question: Was the discussion of the deed separate from the other two
matters which were discussed at the meeting?
Answer: I believe it was discussed separately, but the meeting was a
relaxed luncheon meeting and issues were discussed quite generally
and not in any particular order.
Question: Did Mr. Muir know there were any problems with the deed
prior to you raising them with him?
Answer: To the best of my knowledge he did not.
Question: Do you know when the deed came back to GSA?
GERALE FORD LIBRARY
6
Answer: In the somewhat madè scramble following the Kotz article in
June of 1973, I discovered that the deed had come back to GSA sometime
in January of that year and had been inadvertently filed away in the Archives
as a copy. (White I was uncertain as to exactly when the Archives discovered
that they had the duplicate original, I thought it was after the Kotz
article. Woodworth and Shapiro pointed out that it was sometime in May).
Question: Did you have any meetings or conversations with Muir or the
White House regarding the deed following the September 13 meeting?
Answer: None that I recall specifically, although I think it at least would
have come up in passing. I did not, however, regard the deed as a priority
problem. I had a lot more important issues that required my attention.
GSA had the papers, we had a copy of the deed of gift and, indeed, we felt
we had a gift. We considered the matter of the signature and the power of
attorney to be one which the White House should resolve. The matter was
already over a year old when I inherited it and it simply did not receive
a lot of attention from my office.
Question: You were not aware of the tax question?
Answer: I did not know that the President had taken a deduction based
on the deed. (At this point Woodworth interrupted and asked whether
FORD
F
GERALD
LIBRARY
7
I meant to say based on the deed or based on the gift. I indicated I most
assuredly meant based on the gift as opposed to the instrument of the
deed. I also hastened to add that I was not a tax lawyer, had no knowledge
of tax law, and, in fact, didn't even fill-out my own returns. Therefore,
my views regarding the tax implications of the gift are not particularly
informed). I did not know at that time that the President had taken a
deduction. I did not learn for certain that he had taken a deduction until
the server 4 1473, follows the
it was announced by the White House sometime in 1973. Archives, was,
of course, quite concerned about the loss of the write-off since it would
arostecolly decrease,
mg he 4
stop the flow of donated papers to the Archives generally. From the
Archives point of view, there also was some concern that this provision
was needed in order to assure that the President would donate his papers.
Question: When the Kotz article broke in June did you have any discussions
with the White House?
Answer: In June of 1973, Mr. Sampson met with Garment, Morgan, Wright
and Buzhardt. (Barry Roth pointed out that Wright and Buzhardt came in
during the course of the meeting). After that meeting Mr. Sampson seemed
assured that there were no serious problems. At that point, I began
contact with Doug Parker's office, primarily for the purpose of
coordination--staying informed and keeping Garment and Parker informed
FORD R. GERALO LIBRARY
8
on developments. At that time too, I believe I was told by Garment,
who had spoken to DeMarco, that the community property problem was
"a wash. " Thus there was no question that we had a valid deed of gift
for GSA purposes when we found out that the President had taken a tax
deduction. This had the effect of ratifying Morgan's power as attorney.
action as agency The P
resident
Question: When did you first learn of the delivery of the deed?
Answer: I was not General Counsel at the time the deed was delivered.
I first learned of it when I became General Counsel. The indications
are that it was delivered to Mr. Mankin.
Question: How did the deed of gift get to GSA? Will you help us
account for it?
Answer: It's a rather long explanation. It wasn't until September of
1973 that my attention really began to focus on the deed of gift. For a
period of months prior to and during that time I had been quite busy
preparing for hearings on San Clemente and Key Biscayne. As a result
of the Tanenbaum allegations and continued press speculation, I sent
Stevenn Garfinkel, Chief Counsel of NARS, into the Archives on or
about September 24 to look at relevant documents and interview anyone
he cared to in an effort to put together a factual accounting of events.
Garfinkel returned and told me of the "xerox tracks" problem. I felt
GERALD R. FORD LIBRARY
9
we had to know more regarding the circumstances surrounding the
delivery of the deed to GSA and we put together a memorandum for
Len Garment on the subject, thinking that past or present White House
personnel might be able to help us on the question of delivery. At a
meeting I had subsequently with Garment and Parker, which Mr. Buzhardt
also briefly attended, I raised the delivery question and the xerox tracks
problem and gave to them a photograph of the deed which I had the Archives
take. Ken Gemmill was already on board by that time and I understood
the matter to have been turned over to him. I later had a response to
my memo from Doug Parker, on behalf of Len Garment, which confirmed
GSA had received a duplicate original on or about April 10, 1970.
(Barry Roth explained that the original had been kept in DeMarco's
Boue an the Parlin letter
office until October 1973, when it was sent to the White House Counsel's
office, where it is still believed to repose).
Question: Explain how the deed got to GSA.
Answer: I have no independent recollection of how the deed got to GSA.
In the course of a subsequent inquiry which I made in late November on
behalf of GSA, in a telephone conversation with Mr. DeMarco, I was
told that an original deed was prepared with a blank Schedule A,
indicating that papers amounting to X thousands of dollars were to
be covered. The original was xeroxed, unsigned, then the original was
FORD LIBRARY 078870
10
executed on April 21, 1969, by Morgan and DeMarco. The whole
kit and caboodle was kept in DeMarco's desk until about March of 1970.
At that time, DeMarco typed up a new Schedule A, made a xerox of the
xerox copy and the new Schedule A and took them east with him to
Washington where a duplicate original was re-executed by Morgan and
dated to conform to the original. Presumably, DeMarco brought his
notary stamp with him. The explanation was also confirmed in greater
detail in a subsequent telephone conversation with H. Chapman Rose.
As to precisely how GSA got the deed, perhaps Mr. Roth can answer
better than I. (Roth noted that we have scrawled note of a conversation
between Byron Harding and Ed Morgan on April 10, 1970, at 5:25 p.m.
in which Morgan indicated that there was a deed in California and that
he would send. We assume it was delivered to the Office of General
Counsel on or about April 10. I noted that in the course of a meeting with
Morgan in late November, he said he thought the deed was picked up by
GSA at the White House. Roth also pointed out that Archives was not
aware of the delivery of the deed to the Office of General Counsel and did
not know of the existence of a deed until receipt of a memorandum from
Morgan on April 27, 1970, which enclosed a right of access for Ralph
Newman).
GERALD A. FORD LIBRARY
11
Question: What happened to the 1968 deed?
Answer: That's the same question I asked during my inquiry at the
Archives on December 8. The 1968 deed of gift is lost, which probably
gives you some indication of the importance that GSA attached to such
documents. I understand that procedures have since been tightened-up
considerably. (Roth explained that a search of the Johnson library
had not turned up the deed and that there is a possibility that it may still
be in the undonated papers of former Administrator Knott. A chuckle
was had by all).
(Woodworth at this point asked us whether we would check with the
GSA messenger service to determine whether they could verify delivery
of the 1969 deed to GSA. Roth agreed. I pointed out that the GSA
messenger records probably are not as good as those at the White
House. Woodworth said that he thought it more likely that a GSA
messenger would remember delivering something to the White House
than vice versa. Woodworth asked whether Harding was still alive
and if we'd provide Woodworth with an address and phone number.
He indicated they would interview Harding by phone. Roth said that
he would try to provide such information).
LIBRARY GERALD R. FORM
12
(Woodworth then raised the question of my involvement with the San
Clemente-Key Biscayne inquiry and the extent of the documentation.
I told him of the volume of materials and the time and money GSA spent
revenuring
recovering them. He said that he did not intend to discuss the issue with
me, but wanted to know whether GSA had prepared a report for the
hearings. I indicated that a report was prepared but that it was in draft
form only and that it did not deal with the tax issues. I suggested that
the memorandum from the Justice Department, Lands and Natural Resources
Division, would be more informative on the subject, as would the GSA and
audits.
GAO comments. Roth indicated that he thought GSA had already turned
some of these materials over to the IRS. Woodworth then said he thought the
hearings preparation materials would nonetheless be useful to him and could
we please provide it. I said that I was no longer at GSA, and that he would
have to address that to the Administrator. He then asked how to describe
the report. I told him it was the "Hearing Preparation Report" on San
Clemente and Key Biscayne. I also indicated that the report would not
be truely reflective of GSA's position, since we did it as a trial brief--
that is we made out the best case and the worst case and that reality
generally lies somewhere in between. Woodworth said that would be just
fine with him and that he would write a letter to Sampson on the subject).
FORD R. GERALD LIBRARY
13
(At about 2:40 p.m. the meeting broke up. I asked Woodworth whether
it would be necessary for me to be interviewed by the IRS. Woodworth
said that it would not and that he was going to pass the information.on
to the IRS and that he appreciated my assistance. Shapiro also indicated
that completed my interview and discharged me from any further
responsibilities, although he would like to meet with Roth to review
other documents).
This summary was dictated by Roth and myself on 1/19/74 immediately
following our meeting with the joint committee staff and was completed
at approximately 4:30 p. m.
GERALD R.
Bracopl
Draft Memo - Meeting with Morgan 11/28
1. 1968 Dec. - Morgan asked to inventory RN papers in law office--Tax
lawyer Ritzel; Tanien; & Loie Gaunt. May have given inventory to JDE.
Papers in warehouse in N.Y.
Race to make gift in 1968. Clerk brought over. Had papers removed
Had several boxes removed to Nixon law firm. Ralph Newman arrived
(don't know who hired).
(Did not work on the tax returns. Never seen; does not recall having
Saw critical aspect of delivery and got (corpos) paper, to best of knowledge,
seen deed of gift).
before end of 1968.
2. Recalls Kalmbach 'DeMarco firm taking over legal work. In Europe in
Feb. In March went to Calif. in re Nixon Foundation & S.C. property.
(Never went w/papers to Archives.)
April 21, 1969, meeting on Foundation w/ Kalmbach, DeMarco in law firm.
a.
Discussed Foundation, San Clemente. DeMarco brought in deed of gift.
Year?
Morgan signed on April 21. Does not remember schedule.
sec NoMarco not
13. No May have called DeMarco.
14. No oral right of access.
13. Calls DeMarco for deed. Did not come over/w/deed. Tosa Believe
GSA
,Ashavo of
wc earlier
session in
someone picked-up.
14. Does not rea
Mankin never
Doesn't recall Mankin ever raising question of Mrs. Nixon joining in
conveyance or Morgan not having power to sign for R.N. Thought of
self as R.N. agent.
Left Counsels office, August 1969, but continued ministerial functions.
Never discussed w/ WEC II.
Weicker Letter 1
(Believes papers to have been given to government, if asked to return would
have thought no way.) (Ote Agrees w/ letter.
GERALD LIBRARY R. FORD
Weicker letter #2
Express communication - H or E would know, if any.
,Sewman's
Access
Never heard of Greening. Never heard of oral right of access.
Questions for DeMarco
Explain Livingston allegation.
Xerox in office/deed & attachment (received from Newman?).
What kind of machine/use same machine on both.
Roll changed in machine/other docs w/machine.
3rd sheet-damaged serially.
THE
Call to DeMarco 11/29
Signed one April 1969
October 1969
April 1970
Would have signed duplicate in April, 1970.
Conformed copies as acceptable procedure. No effect on validity of gift.
Appeared April 1969 made delivery March 1969.
Call from H. Chapman Rose 11/29
Executed ribbon copy April 21, 1969 in Calif. (Documents to be identified
in attachment). Before document signed made blank xeroxs that did not
reflect signatures.
March 1970 got data from Newman for Attach Exhibit. Came to Washington
w/ xerox of xerox & Attach Exhibit A. Morgan resigned, and DeMarco
conformed with original. Acceptable procedure.
Call to Morgan 11/30.
Still no explanation! (cf discussion w/Rose!!) Refused to offer et
Spoke to J. Rose 11/30. Advised of above. Agreed to call at 8
P BERA Planation R. FOR TBRAHT
Spoke to Rose 12/1. Asked that we await Presidential statement before
finally responding to any inquiries on 1969 gift. WEC call Monday in re
RN statement.
Spoke to Weicker Rose 12/5.
Asked to review Weicker letter-
Asked that I review white paper to be released. Also, discussed
procedure of having Joint Committee review returns
Called Dr. O'Neill 12/5.
Asked to review Weicker letter as rewritten. Also, in subsequent call,
asked that right of access to papers be granted only in accordance
with deed of gift, as OGC examination showed that procedures to the
contrary were being followed.
Called Rose 12/6--N.A.
11
"
Called Rose 12/7 - N.A.,
Left message that we were to release Weicker letter today.
Called Fielding 12/7 - suggested strongly that President's attorneys
examine records in Archives
Fielding called 12/7 - asked to review Archives materials.
Called O'Neill 12/7 to make arrangements to review in Archives--
Informed Fielding.
12/7 reviewed materials w/Rose & Gemmil at Metro. Club following release of
letter. Agreed to meet at Archives 7:30 am 12/8 to examine files.
12/8 met w/Jacobs/0'Neill/Rose in Archives. Revising chronology for 1968 & 1969
gifts.
GERALD R. FORD LIBRARY
I. BRIEFINGS AS GENERAL COUNSEL
June 7, 1971, commence employment as General Counsel
for GSA. Predecessor in title, HART MANKIN, succeeded to
General Counsel for USN, DOD. H. W. (BILL) BARTH, Assistant
for Mankin and me. Undergo series of briefings, including
debriefings from as many as five assistants, of pending
matters within GSA General Counsel's Office.
I recall specific reference by Mankin to me during
these briefings with respect to Presidential Deed of Gift.
My recollection is that Mankin advised of two (2) "problems"
regarding gift. They were: (1) Legal necessity for Mrs.
Nixon's signature on Deed of Gift under California community
property law, and (2) Whether President Nixon was required
to execute the Deed of Gift or conversely, whether ED MORGAN
had been empowered to execute the Deed for the President.
ITEMS OF NOTE RELATIVE TO ABOVE CONVERSATION:
A. Estimated total time, five (5) minutes.
B. Place, Mankin's office.
C. Tone and reference to gift by Mankin all related
to satisfaction of GSA internal gift requirements, as opposed
to the taxable implications relative to a gift.
D. Deed of Gift not inspected at that time.
E. Deed of Gift identified as being in Barth's safe.
F. Best recollection, Mankin said, "I think I tried
to call Ed Morgan once or twice about this matter."
G. Item in safe described by Mankin merely as "the
Deed." (i.e., no distinction between original Deed to xerox
LIBRARY
copy of original.)
II. WHITE HOUSE MEETING OF SEPTEMBER 10, 1971
Deputy Director of the Office of the Presidential
Libraries, RICHARD JACOBS, apparently suggests a meeting with
DAPRAY MUIR, an attorney in John Dean's office, regarding the
President's Will and record bequests through same. Additional
subject matter of proposed meeting involves record-keeping
procedures for Presidential Board and Commissions.
Jacobs suggests meeting with Muir and Barth from GSA
to discuss these matters. (see September 3, 1971, GSA Memo
to File from Jacobs.) On the morning of the meeting, Barth
discusses meeting with me and invites me to attend, I concur.
Barth recalls Presidential Deed in his safe and suggests
bringing Deed to meeting to "clean up any problems" connected
therewith. (Note that statement to Joint Committee, indicated
I did not recall whether it was Barth's suggestion or my own
to bring Deed of Gift.)
Luncheon meeting at the Jr. Mess at the White House.
Present at table - Barth, Muir, Jacobs, myself. Majority
thrust of the conversation over lunch consists of estate ques-
tions and record-keeping functions of Presidential Commissions,
etc. As best recalled, as luncheon neared conclusion, Barth or
or I handed the duplicate original copy of the Deed removed
from Barth's office safe to Muir. Barth and/or myself outlined
the two Mankin "problems", i.e. community property and power
of attorney. No reference to tax and/or taxable implications
recalled. Without equivocation, I had no knowledge of RN's
1969 deduction at that time.
FORD R. LIBRARY GERALD
ITEMS OF NOTE:
A. Jacobs' 9/13/71 Memo to GSA file refers on page 2
to the transfer of chattel Deed at the luncheon. Jacobs'
Memo notes that:
1. "Casselman and Barth (they) explained that the
transaction (gift or deed) was never really
completed."
2. That "They (Casselman and Barth) explained that
NARS did not have a copy of this chattel Deed."
(Presumably Jacobs' Memo infers that the Deed
transfer at luncheon was only Deed available.)
3. That "They (Casselman and Barth) preferred to
hand the problem back to the White House ala
Muir." ("Problem" interpreted to mean the com-
munity property question and the validity and/or
need of a Deed to consummate the gift.)
Jacbos concludes Memo by stating that the "puzzle" is now Muir's.
The "puzzle" is defined in the Jacobs Memo as being, "how to
make the chattel Deed of Gift effective at a date earlier
enough to meet the Tax Reform Act."
B. I recall no statement by anyone present at the
luncheon that the transaction had not been completed, that
NARS did not have a copy of the chattel Deed, that it was a
White House as opposed to GSA problem or that the White House
was not charged with the responsibility of determining how
to make the deed effective at a date earlier.
C. In conversations on or about January, 1974,
GERALD R. FORD LIBRARY
between myself, Barth and Muir, relative to the inquiry then
conducted by the Joint Committee on this subject matter, I
had an occasion to discuss their recollections of the luncheon
meeting. Muir's recollections of the luncheon meeting as
recalled in January, 1974, were:
1. That the meeting was not about the Deed.
2. Meeting primarily about Presidential Wills
and record-keeping, etc.
3. Muir felt the Deed was not effective without
a power of attorney, but this issue went to
the validity of the Deed rather than the gift
itself.
4. Muir recalls that the Deed of Gift was treated
casually, "something we could take care of this
year or next."
5. Did not consider tax issue, "tangential issue"
not discussed at meeting.
D. Barth recalls that the primary thrust of the
meeting concerned Mrs. Nixon's signature and Morgan's power
of attorney. Barth cannot say whether the tax issue was
discussed at the meeting (he does not recall), but in any
event, none of the GSA representative present had any know-
ledge of whether the President had claimed a tax deduction
for donation of the papers.
E. On June 19, 1973, Jacobs prepared a second Memo
to file clarifying his September 13, 1971, Memo to file. No
clarification to the September 13, 1971, Memo was. made other
GERALD
R.
than to that portion of the September 13th Memo relating to
the Deed of Gift. In the June, 1973, Memo, Jacobs states
that he had little "first hand" knowledge of the March 27, 1969
Deed at the time of the luncheon, that the deed had not at
that time come into possession of his office. That he had
no knowledge "of any question" about the dating of the Deed
and that his reference to the Tax Reform Act was a mere recog-
nition that without a Deed there would be no documentation on
which a tax deduction could be claimed. The June, 1973, Memo
is silent as to whether he or anyone present.at the luncheon
had any knowledge of a past Presidential tax deduction,
whether there was discussion of that subject matter at the
luncheon and/or whether anyone was charged with the responsi-
bility to explore those questions. I recall discussing the
September 13, 1971, Memo with Jacobs and others following the
Kotz Post story, but in no way suggested, ordered or coerced
the drafting of the June 19, 1973, Memo to file.
R.
FORD
GERALD
HengRuth
\
Cooperation with Cov.
ultimuletic may
March 69, 4, Iep Com
anamed for physical Trans Imer of
papers of RN , under control
of GSA,
I
3/26 3/27/69
2
2
1
know that title and all
mtat in re maned m TW
I
3
Aree 30, 69 TAX Reform Flet
( Morgan at all Time aware of .f)
4
Mantained louson with RN's tab
people
b
Heri 10, 70 -RN tax returned 1.98 GERALD LIBRARY
6
Mar :, 70 to June 1,70 m 70.C.
and & and others people
unmance herein, responsible for
preparing + consting in 69 deland
PASO of Conspirey, A + others:
I
concealed true facts of
3/26 + 3/27 delivery
2
l
MAr + Apr. 70, prepare
t
caused the preparation of
serious documents meluded
Chatter, L.C. back dat-q
of deed , Right of access
prepard by Bewmen
all date. false reflacted deliey
3
74 '70 - A- - signed in 70 and
SAID 69
H
MAY June '70 - A transmitted
to GSA Have Chettel
feed. (eancel true facts)
Ouat Hets
I
EOB I 4/9/70 -telephom convey
sation. (A hnd)
GERALD LISARY
2. Ap 24, 70- - Sigmed '69
deed + All.
of
Apr. 24, 70 - transmited nght
of cream To GSA
4
May 30, 70 m LC - -tromemilted
to GSA '69 Reed + FLE.
GERALD R. FORD LIBRARY