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4520667
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Nixon - Papers Counsel's Office Memoranda
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4520667
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document
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Nixon - Papers Counsel's Office Memoranda
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Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
General Services Administration. (07/01/1949 - )
Nixon, Richard M. (Richard Milhous), 1913-1994
Law and legislation
Watergate Affair, 1972-1974
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4520667
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1974-10-01
month
10
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1974
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1974-08-01
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8
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1974
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The original documents are located in Box 29, folder "Nixon - Papers Counsel's Office
Memoranda" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized
Primp
at
THE WHITE HOUSE
FROM
THE WHITE HOUSE
Priveleged
WASHINGTON, D.C.
Nixon, et al. v. Sampson, et al.
C.A. 74-1518 and C.A. 74-1533
Copies of memoranda internal to the
Office of Counsel to the President in
files of Philip W. Buchen, Counsel
to the President
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MEMORANDUM
THE WHITE HOUSE
WASHINGTON
Ron's resistance to statement
-not 7 pre-condition, so not going tobe given
Irrevocable gift of tapes (direct with RNS
-messroe: "Good fellowship etc.
a Why ? not answered yet but will 1 be
- Potorious foreign leaders -instritional problem
Tapes - last sentence 7 B
Present gift of recorded materials of transcripts
Mec hanics of secess to tapes -convenience
Secure privacy of tapes 7d infiniture
- family conversations
Low suits
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Sompson
/
FORDO is LIBRARY 078829
--use word "intention" instead of "desire"
- - define "materials" as "historical materials" as used in Act
to depository
- --provide for transfer/of ubsequently discovered or acquired materials
by mutual agreement of former President and Administrator
- after 3 years provide for materials being made available for resar ch and
study, subject to restrictions as may be imposed by former President
--in event above paragraph is agreed to, also seek provisions for equal
access, loan of materials, disposal of materials by Archivist, etc.
- --provide for appointment of personal representative
- -call whenever you need help, avoid earthquakes!
FORD i LIBRARY GERALD
OFFICE OF THE VICE PRESIDENT
WASHINGTON, D.C.
TO: Pluie Burben
FROM: Bill Casselman
Information Vpnm desmin
Action:
As appropriate
See me
Prepare reply
Concur and return
FORD is LEBRARY 076830
General
Services
Administration
Washington, D.C. 20405
Arthur L. Fox II, Esq.
Reuben B. Robertson III, Esq.
Public Citizen Litigation Group
2000 P Street, NW.
Washington, D.C. 20036
Gentlemen:
This is in reply to your letter of August 14 in which you question
the assumption that a President owns "all Presidential documents
and papers, official as well as personal" and request answers to
four questions regarding the disposition of such records and papers.
Let me first deal with the distinction you recognize between offi-
cial records and personal papers. That distinction is the customary
basis for handling the two types of materials in different ways.
Official Presidential documents include proclamations, Executive
orders, laws, treaties, and other documents signed by the President
having the force of law, as well as his messages to Congress and
communications to Government departments. Such documents consti-
tute the record of a President's official acts and as such are
preserved as records of the Federal Government by the National
Archives and Records Service. They have never been claimed by a
President as his personal property.
On the other hand, every President from George Washington has
considered the papers he accumulates in his own office to be his
personal property, to do with as he pleases. Washington, at the
end of his second term, shipped his papers to Mt. Vernon and kept
them in his personal possession until his death. Through his will
he left them to his nephew, Bushrod Washington. The Government
purchased them in two installments from his heirs in 1834 and 1849.
They are now in the Manuscript Division of the Library of Congress.
The precedent established by Washington in treating his Presidential
papers as his private property and in retaining control over them
when he left office was followed by every succeeding President or
his heirs. In the course of our history some were lost, some des-
troyed, some deposited in State or local institutions, and some
purchased by, or given to, the Federal Government:
Progress Through Excellence
ALDR ALD FORD LIBRAF
Service Through People
2
In 1939, the Congress authorized the acceptance of a library for
President Franklin D. Roosevelt's papers and memorabilia, and then
in the Federal Records Act of 1950, authorized the Administrator of
General Services to accept for deposit the papers and other histor-
ical materials of any President (now codified at 44 U.S.C. 2107).
In 1955, Congress enacted further legislation authorizing a general
system of Presidential "archival depositories," or libraries, under
the Administrator of General Services.
Before doing so, however, Congress examined the basis for considering
a President's personal papers as his private property. The statement
of Archivist of the United States Wayne C. Grover to the Special
Subcommittee on Government Operations of the House of Representatives,
June 13, 1955, and an article submitted to the subcommittee by
David D. Lloyd, former assistant to President Truman, are included
in the printed Hearing (copy enclosed) and are of particular interest
on the matter of ownership of a President's personal papers.
The provisions in the Presidential Libraries Act are quite specific
and, among other things, allow the acceptance by the Administrator
of General Services, with the review of the Congress, of an offer
of a Presidential Library. The law has now been applied in several
instances since its enactment, and there are now established
Libraries for Presidents Hoover, Roosevelt, Truman, Eisenhower,
Kennedy and Johnson.
Most recently, the matter of who owns Presidential papers was
reviewed by the staff of the Joint Committee on Internal Revenue
Taxation. They gave their opinion as follows:
the staff believes that the historical precedents
taken together with the provisions set forth in the
Presidential Libraries Act, suggest that the papers of
President Nixon are considered his personal property
rather than public property. (Examination of President
Nixon's Tax Returns for 1969 through 1972, prepared for
the Joint Committee on Internal Revenue Taxation by its
Staff, 93rd Congress, 2d session, Senate Report No. 93-
768, April 3, 1974, p. 28-29).
Our answers to your questions, numbered from 1 through 4, are as
follows:
1. In view of what we believe to be definitive historical prece-
dents and legislative enactments, the General Services Adminis-
tration has not thought it necessary to seek an opinion from the
Attorney General as to the ownership or protection of Presidential
papers and does not plan to do SO.
FORD
GERALD
LIBRARY
3
2. The General Services Administration is making a general
inventory of the personal papers and personal memorabilia of
President Nixon. This is mainly a calculation as to the number
of packing cartons and crates and total volume in cubic feet
rather than a list of the material by subject or type. This is
being done in anticipation that some or all of the material will
be moved out of the White House Office or from storage in the
National Archives Building at a future date.
The General Services Administration made an inventory of all
pieces of Government-owned furniture in the East and West wings
of the White House, at Key Biscayne and at San Clemente, several
months ago. None of this Government property has been removed by
President Nixon and none is expected to be moved for him. Camp
David, of course, is under the jurisdiction of the Department of
Defense.
3. To preserve the personal papers of President Nixon, the General
Services Administration has detailed a team of professional archi-
vists from the National Archives and Records Service to work with
the staff of the White House Office in identifying, segregating,
and packing the Nixon papers and memorabilia. However, under an
agreement announced August 14 between White House Legal Counsel
J. Fred Buzhardt and representatives of the Office of Special
Prosecutor Leon Jaworski, no files or tapes will be moved from the
White House Office pending further discussion with representatives
of the Special Prosecutor. In all other respects, the disposition
of the papers and personal memorabilia will be determined by
President Nixon. The General Services Administration will accept.
them for deposit in a records depository if he so directs. Gifts
to the President from foreign governments are subject to the provi-
sions of the Foreign Gifts and Decorations Act of 1966, as amended
(5 U.S.C. 7342), and pursuant to that Act, many of these gifts
ultimately find their way to the appropriate Presidential library
or other institutions as public property.
4. Neither President Nixon nor any member of his staff has
submitted a list of "records or documents proposed to be removed
from Government files or otherwise disposed of," nor has the
General Services Administration asked that this be done. This is
because the laws, proclamations, and other Federal records signed
by the President are already included or will be included in the
national archival system; and because we believe, for the reasons
FORD
GERALD
4
indicated herein, that a President's personal papers and memo-
rabilia are not subject to laws relating to the disposition of
Federal records or to the Freedom of Information Act.
Sincerely,
Enclosure
GERALD LIBRARY FORD
by:
NARS
PUBLIC CITIZEN LITIGATION GROUP
SUITE 700
For
2000 P STREET, N. W.
suration
WASHINGTON, D. C. 20036
Prepare
Signature
(202) 785-3704
Copy of
August 14, 1974
ALI Fuster
REPLY DUE:
Arthur F. Sampson, Administrator
General Services Administration
Washington, D.C. 20405
Dear Mr. Sampson:
In an article in the August 9 Washington Post (p. A20), said
to have been based upon a recent study by the Joint Congressional
Committee on Internal Revenue Taxation, it was reported that
"President Nixon leaves office with a bright financial future
virtually guaranteed by his personal ownership of rooms full of
presidential documents that will be worth millions of dollars. "
The figure of $5 million was suggested. On August 12, the Wash-
ington Post (p. A6) carried another article reporting that "the
transfer from Washington to the West Coast of [Mr. Nixon's]
personal belongings, papers and tape recordings" was already under
way.
The purpose of our writing is to question the inference that
Mr. Nixon, or any President, is automatically the rightful owner
of all Presidential documents and papers, official as well as
personal. We have no desire whatever to deprive Mr. Nixon of
any future financial benefits and prospects to which he is right-
fully entitled. We are concerned, however, about the possibility
that hasty removal of items from the President's office may result
in depriving the public of property which rightfully belongs to it.
The Congress has already made generous provision for Presidents
and former Presidents*, and while they are without doubt also en-
titled to the benefits of their own property as well as from the
sale of their memoirs or autobiographies which result from their
own work and effort, they are not entitled to enrich themselves
through conversion of public papers, documents and records accumulated
*A President's salary is $200,000 while in office. Thereafter,
Presidents receive an annual pension of $60,000 and an allowance of
$95,000 for administrative and secretarial assistance, together
with other benefits of value.
&
FORD
pl.Hd EO ε 91 any
VSA
GERALD
LIBRARY
RECEIVED
Arthur F. Sampson
August 14, 1974
page two
at the government's expense, any more than such liberties should
be permitted with respect to White House furnishings or equipment
or other government properties.
Inasmuch as the National Archives fall within your responsi-
bility, and you are authorized to accept all forms of government
records of historical interest including Presidential papers and
documents, we would like to know what action is being taken to
arrange for the transfer of the Presidential records from the
Nixon Administration. 44 U.S.C. § 2101, et seq.
Moreover, whenever any government agency proposes to dispose
of any documents or records, it must first submit a list of the
documents or records in question. 44 U.S.C. § 3301, et seq. Since
the White House is not in any material respect different from other
government agencies, Presidents and their administrative personnel
must likewise be required to prepare lists of materials before
disposing of them. We are therefore inquiring whether Richard Nixon
or any member of his staff has submitted any such list, since re-
moval of the materials from government possession is tantamount to
disposal.
The Congress has clearly provided that any monies derived
from the disposition of public records shall be paid into the U.S.
Treasury (44 U.S.C. § 3313), and there is no reason to believe
that the Congress intends to make an exception of Presidential papers,
documents or materials relevant to the official functioning of the
White House Indeed, under Article IV, Section 3, Clause 2 of our
Constitution, Congress has the sole power "to dispose of and make
all needful Rules and Regulations respecting the
...
Property be-
longing to the United States.' Absent express authorization by the
*This provision defines "records" as including:
all
books, papers, maps, photographs, or other documentary materials,
regardless of physical form or characteristics, made or received
by an agency of the United States Government under Federal law
or in connection with the transaction of public business and preserved
or appropriate for preservation by that agency or its legitimate
successor as evidence of the organization, functions, policies,
decisions, procedures, operations, or other activities of the
Government or because of the informational value of data in them
FORD
44 U.S.C. 8 3301.
GERALD
LIBRARY
Arthur F. Sampson
August 14, 1974
page three
Congress--and there has been none--removal of official Presiden-
tial papers would also be unconstitutional.
At the very least we are sure you will agree that the prospect
of President Nixon's removing valuable Presidential papers, docu-
ments, or records in the immediate future, to do with as he pleases,
raises important legal questions which should be resolved before
such removal is accomplished. In light of the foregoing, we would
appreciate the following information from you:
1. Have you sought an opinion from the Attorney General
concerning the ownership and protection of official Presidential
papers, documents and records, or will you do so?
2. Have you de any inventory of government property in-
cluding official Presidential papers, documents and records in
the White House and other places used by former President Nixon
and his staff in the conduct of official business?
3. Have you or any other agency to your knowledge taken any
other steps to preserve and protect for the public such property
and records of the Nixon administration?
4. Has Mr. Nixon or any member of his staff submitted a
list of records or documents proposed to be removed from govern-
ment files or otherwise disposed of? If so, would you please
1914a
provide us with a copy pursuant to the Freedom of Information Act,
5 U.S.C. 8 552.
We would appreciate your response at the earliest possible
date. If we have not received a reply to our request under para-
graph 4 above within 10 working days we will deem it to have been
denied. Thank you for your close attention to this matter.
Sincerely,
Arthur L. Fox II
Raulen
Reuben B. Robertson, III
cc: Leon Jaworski
is
FORD
William B. Saxbe
Alexander M. Haig
GERALD
LIBRARY
THE WHITE HOUSE
WASHINGTON
November 29, 1963
MEMORANDUM FOR THE WHITE HOUSE STAFF:
By custom and tradition, the files of the White House Office
belong to the President in whose Administration they are accumulated.
It has been the invariable practice, at the end of an Administration,
for the outgoing President or his estate to authorize the depository or
disposition to be made of such files.
President Taft in his book "Our Chief Magistrate and his
Powers, " made the following reference to this practice:
"The
office of the President is not a recording
office. The vast amount of correspondence that
goes through it, signed either by the President or
his secretaries, does not become the property or
a record of the Government, unless it goes on to the
official files of the Department to which it may be
addressed. The retiring President takes with him
all the correspondence, original and copies, which
he carried on during his Administration
"
In the interest of continuing this practice the President has
directed that, so long as President Kennedy's files remain in the
White House Office, there is to be no intermingling of the files of the
two Administrations. This applies of course both to the Central Files
and the files in the offices of the various members of the staff.
Papers of the White House Office at the time of President
Kennedy's death as well as those enroute at that time and intended for
him shall be considered as belonging to the Kennedy Administration
files. Any papers. relating to President Kennedy's funeral are also to
be included in this category.
All other papers now accumulating in the White House Office
will constitute a new set of files for President Johnson.
William William J. Hodrins
Executive Clerk
THE WHITE HOUSE
WASHINGTON
August 9, 1974
MEMORANDUM FOR THE WHITE HOUSE STAFF:
By custom and tradition, the files of the White House Office
belong to the President in whose Administration they are
accumulated. It has been the invariable practice, at the end of
an Administration, for the outgoing President or his estate to
authorize the depository or disposition to be made of such files.
President Taft in his book "Our Chief Magistrate and his
Powers, " made the following reference to this practice:
"The retiring President takes with him all the
correspondence, original and copies, which he
carried on during his Administration.
"
In the interest of continuing this practice, it has been directed
that, so long as President Nixon's files remain in the White House
Office, there is to be no intermingling of the files of the two
Administrations. This applies of course both to the Central Files
and the files in the offices of the various members of the staff.
Papers of the White House Office at the time of President Nixon's
resignation as well as those enroute at that time and intended for
him shall be considered as belonging to the Nixon Administration
files. Of course, some Nixon Administration files may be needed
for future reference. These files should be duplicated and placed with
all other papers accumulated after noon today which constitute a
new set of files for President Ford.
Specifically, please expedite the return of all withdrawals you
have made from Central Files. On Monday, August 12, archivists
under the supervision of John R. Nesbitt, Office of Presidential.
Papers, will be available to assist in the collection and segregation
of President Nixon's papers for shipment. Meanwhile, please read
the attached instructions.
Cerry
BI. Jones
Special Assistant to the President
BERMLO B. FORD
WHITE HOUSE OFFICE PAPERS
By custom and tradition, all White House Office
of newspapers or magazine clippings; and copies
papers are regarded as the personal property of
of records of a personnel nature relating to a per-
the President and subject to such control and dis-
son's employment or service. Personal files should
position as he may determine. At the close of the
not include any copies, drafts or working papers
Administration, the entire collection of papers now
that relate to official business or any documents or
being created may be expected to be deposited in
records, whether or not adopted, made or received
a Presidential library similar to the libraries that
in the course of official business.
preserve the papers of the last six Presidents. To
3. Each staff office shall forward regularly to
provide the President with a complete and accu-
Central Files three copies of all outgoing official
rate record of his tenure in office, the White House
business consisting of correspondence and memo-
staff must oversee the preservation of the papers
randa. One copy of all other outgoing related
it generates.
materials should also be filed.
The procedures set forth in this document rep-
4. Each staff office shall forward regularly to
resent the collective thinking of many members of
Central Files any incoming official business from
the staff as to how best to preserve papers and
sources other than White House staff offices after
documents for the President. Compliance with
action, if any, has been taken. Each staff office, if
these procedures is an expression of loyalty by the
it SO desires, may keep a copy of such incoming
staff to the President. For these procedures to be
official business for its own working files.
effective, it will require cooperation and assistance
5. Each staff office shall forward regularly to
of every staff member.
Central Files any originals of incoming official
The security classification of each document
business from other White House staff offices after
prepared in the White House is determined by the
action, if any, has been taken and if such originals
individual staff member writing it in accordance
were not intended to be returned to the sender.
with Executive Order 10501-or other applicable
If desired, a copy may be kept for the staff's work-
Executive Orders. He is responsible for insuring
ing files.
that the classification assigned to his work reflects
6. Each staff office shall forward to Central Files
the sensitivity of the material concerned, and also
at such times as it determines to be appropriate
for making certain that this classification is not
all working files of official business which are in-
excessively restrictive.
active and no longer needed. These files will be
stored by office as well as listed by subject matter.
White House Office Papers: Filing with Central
They will, of course, always be available for later
Files
reference.
7. Each staff office at its own discretion may seg-
1. It is requested that the maximum possible
regate any materials that it believes to be partic-
use be made of Central Files, and the procedures
ularly sensitive and which should not be filed by
listed below be followed. This will aid in the faster
subject matter. Such sensitive materials should be
and more complete retrieval of current informa-
forwarded to the Staff Secretary on the same basis
tion, eliminate unnecessary duplication of files,
as outlined in paragraphs 3 through 6 in an en-
prevent excessive xeroxing, and maximize preser-
velope marked SENSITIVE RECORDS FOR
vation of White House papers.
STORAGE with the office or individual from
2. Each staff member shall maintain his per-
which they are sent marked on the outside and (as
sonal files separate from any working files he may
appropriate) a list of inventory in general terms
keep on official business and clearly designate them
attached. This list of inventory should also be
as such. Personal files include correspondence un-
sent to Central Files SO that notations can be made
related to any official duties performed by the staff
in subject tiles that certain material is missing from
member; personal books, pamphlets and periodi-
the file. These materials will be filed in locked con-
cals; daily appointment books or log hooks; folders
tainers and will only be made available to the in-
FORD
BERALD
dividual or office from whom they were received.
3. A staff member, upon termination of employ-
8. No defense material classified under Execu-
ment, may at his discretion make copies for his
tive Order No. 10501 with a classification of TOP
personal use of a carefully chosen selection of the
SECRET or Restricted Data under the Atomic
following types of documents within his files:
Energy Act of 1954 should bc forwarded to Cen-
(A) Documents which embody original intel-
trul Files. All such material should be forwarded
lectual thought contributed by the staff member,
to the Staff Secretary for storage.
such as research work and draftsmanship of
9. No exceptions to the above shall be made
speeches and legislation.
without the express consent of the Counsel to the
(B) Documents which might be needed in
President. Additional advice on the operation of
future related work by the individual.
Central Files may be obtained from Frank
4. No staff members shall make copies as per-
Matthews, Chief of Central Files (Ext. 2240).
mitted in paragraph three of any documents which
contain defense material classified as CONFI-
White House Office Papers: Disposition of Papers
DENTIAL, SECRET OR TOP SECRET under
Upon Leaving Staff
Executive Order No. 10501, Restricted Data under
1. Upon termination of employment with the
the Atomic Energy Act of 1954, or information
staff, each staff member will turn over his entire
supplied to the government under statutes which
files to Central Files with the exception of any
make the disclosure of such information a crime.
personal files he might have maintained.
5. Each staff member who decides to make copies
2. Personal files include: correspondence unre-
of such documents described in paragraph three
lated to any official duties performed by the staff
shall leave " list of all such documents copied with
member; personal books, pamphlets and periodi-
Central Files. This will enable retrieval of a docu-
cals; daily appointment books or log books; folders
ment in the event that all other copies of it and the
of newspaper or magazine clippings; and copies
original should be later lost.
of records of a personal nature relating to a per-
6. The discretionary authority granted in para-
son's employment or service. Personal files should
graph three is expected to be exercised sparingly
not include any copies, drafts, or working papers
and not abused. All White House Office papers,
that relate to official business; or any documents or
records, whether or not adopted, made or received
including copies thereof, are the personal property
in the course of official business. The White House
of the President and should be respected as such.
Office of Presidential Papers, staffed by represen-
Any copies retained by a staff member should
tatives of the National Archives, is available to
be stored in a secure manner and maintained
assist staff members in the determination of what
confidentially.
are personal files. Any question in this regard
7. All confidential and sensitive materials will
should be resolved with their assistance by con-
be protected from premature disclosure by specific
tacting John Nesbitt, supervisory archivist of the
provisions of the Presidential Libraries Act of
Office of Presidential Papers (Ext. 2545).
1955 (44 U.S.C. 2108).
&
FORD
GERALD
LIBRARY
8/19/74
For discussion with Mr. Jaworski
Problem aross
1970 campaign
Personnel of "responsiveness program
Campaign confributions in 1972
Wire tap area
Ambass adors' list of contributors (other than 4 C7566
already disclosed)
Records maintonance of sorting problems
Ownership, access, of disposition problems re records
General discussion of future of Per Special
Prosecutor's office 4 its relationships
to (i) former Pres, (ii) Pres. Ford
to None D target of investigation or possible charge
2. Rumsfold may be witness in "Townhouse" 1930 compaign
funding practices "In 25 momber of "Appropriations
Committee" with Holdomon, Finch, Dent 9 possibly Chotiner
& possibly Harlow.
3, Perot may have gotton funds for Rogan at request
BERALD FORD LIBRAFT
of Kalmbach in May of 1970
Mox Fisher
H. Bush received approx If 110,000 He To from
Clament Stone
otc.
Townhouse operations $6,000 of which come
in cash thro ugh Jack Glesson, (John Mulcahy of -40, $15,000 400 to set. to Bushampaint only
out Apency
committee com miller
Jim Meal
Rick Benveniste
Effecton Sot 9 trists
of not gotting personal dismos of dictabolts
SENVID LASSIN
Summary of references in House Judiciary Committee proceedings to the 1970
campaign funding practices, also referred to as the "Townhouse" or "Senatorial
Campaign Program".
Herbert Kalmbach testified that he was formally asked to accept the responsi-
bility for this fundraising effort by Haldeman, for which he was assigned a
budget goal of $2,050,000 (although Kalmbach testifies that they had a surplus
of $20,000 or $30,000 which was turned over to the L972 campaign, he did not
state how much he was actually able to raise.). Kalmbach worked closely with
Harry Dent and Jack Gleason, with Gleason serving as the administrative man in
the operation. Kalmbach would secure pledges from various donors, and Gleason
follow up with the donors, instructing them to which campaign to write their
checks or else taking the checks and delivering them to the "right" campaign.
On July 16, 1970, a dinner/cruise was held on the Sequoía by President Nixon
and attended by the major contributors.
On April 1, 1970, on the instructions of Higby, Kalmbach delivered $100,000
to an unknown person in the Sherry Netherlands Hotel in New York City.
In April 1970 approximately $400,000 was sent "South", apparently for the
Brewer campaign in opposition to Wallace for the Alabama Governor's race.
This included the $100,000 delivered to theunknown person, above.
List of major contributors for this found on page 633, Book III, Testimony
of Witnesses before the Judicaary Committee.
On February 25, 1974, Herbert Kalmbach plead guilty to a felony count for vio-
lation of the Federal Corrupt Practices Act, 2 U.S.C. 252(b) in connection with
these fundraising efforts. He also plead guilty to the misdemeanor of offering
a government position in exchange for a campaign contribution in connection
with these efforts--promising ambassadorships to J. Fife Symington and Vic-
cent DeRoulet, one-half for 1970, the remainder for 1972.
LIBRARY GERALD P. FORD
Original message
hand delivered.
bcc: Silberman
Jaffe
Jaworski
Casselman
No enclosures to
them.
DRAFT 10/9/74
Miller, Cassidy, Larroca & Lewin
1320 19th Street, N. W.
Fifth Floor
Washington, D. C.
Attention: Mr. Herbert J. Miller, Jr.
Gentlemen:
You have already been furnished, as I am told, with a copy
of a Subpoena duces tecum directed to me and captioned United States
of America V. John N. Mitchell, et al., D. D. C., Criminal No. 74-110,
which was issued upon application of defendant John D. Ehrlichman.
I enclose an additional copy, reproduced from the original in my
of the subpoent
possession, to serve as notice to you and your client, the Honorable
Richard M. Nixon, of such subpeena in accordance with paragræ h 9B
of the September 6, 1974, Agreement between your client and the
Administrator, General Services Administration.
The Such Agreement contemplates that your client will respond to any
So
that, f you intend to raise no timely ections in Court,
such subpoena, and I trust you will work out/satisfactory arrangements
for productiono of the documents,
timely and
with the present circumstances that the documents in question
a
are still located here under appropriate safeguards. Since the
Agreement specifies that you will determine whether to object to
GERALD R. FORD
production of materials, and will inform the United States if you
for the limited purpose
determine not to object so that it may inspect the materials, A I intend stated
in
the Agreement,
-2-
to take no action to quash the Subpoena duces tecum and will abide
by any Court order as it may affect me.
Sincerely,
Philip W. Buchen
Counsel to the President
Enclosure
GERALD FORD VIERARY
DRAFT 10/9/74
Miller, Cassidy, Larroca & Lewin
1320 19th Street, N. W.
Fifth Floor
Washington, D. C.
Attention: Mr. Herbert J. Miller, Jr.
Gentlemen:
You have already been furnished, as I am told, with a copy
of a Subpoena duces tecumdirected to me and captioned United States
of America v. John N. Mitchell, et al., D. D.C., Criminal No. 74-110,
which was issued upon application of defendant John D. Ehrlichman.
I enclose an additional copy, reproduced from the original in my
possession, to serve as notice to you and your client, the Honorable
Richard M. Nixon, of such subpoena in accordance with paragrap h 9B
of the September 6, 1974, Agreement between your client and the
Administrator, General Services Administration.
Such Agreement contemplates that your client will respond to any
such subpoena, and I trust you will work out satisfactory arrangements
consistent with the present circumstances that the documents in question
are still located here under appropriate safeguards. Since the
Agreement specifies that you will determine whether to object to
production of materials, and will inform the United States if you
determine not to object so that it may inspect the materials, I intend
FORD
.
GERALD
LIBRARY
-2-
to take no action to quash the Subpoena duces tecum and will abide
by any Court order as it may affect me.
Sincerely,
Philip W. Buchen
Counsel to the President
Enclosure
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
EYES ONLY
EYES ONLY
MEMORANDUM FOR:
Mr. Phillip Buchen
FROM:
Benton L. Becker
DATE:
August 13, 1974 8:00 PM
SUBJECT:
Presidential Tapes and Ehrlichman/Haldeman/
Dean/Colson/Kroegh Papers
Information developed today identified the location of what has been described
as 900 reels of President Nixon's tapes and the full files of former employees
Ehrlichman/Haldeman/Dean/Colson/Kroegh.
Purpose of this memorandum is to identify the whereabouts of the documents;
identify their present access status and suggest an immediate disposition.
I THE TAPES:
Approximately 900 tapes are retained on the ground floor of the Old Executive
Office Building in a converted closet across from the cafeteria - sealed
and secure. The room is so small that it does not have a room number.
The security of this room is under the jurisdiction of the Technical Security
Division of the Secret Service. (TSD of SS) The tapes have been secured
in this room since July 18, 1973 at which time combinations to locks and
locks were changed. (July 18, 1973 is the date of the Ehrlichman/Haldeman
resignations and Dean firing). The key to same was given to President
Nixon. General Haig authorized the TSD of SS that access to the room shall
be restricted to John Bennett (a former employee of General Haig's and
President Nixon's) who terminated approximately four months ago.
Upon Bennett's termination, he was replaced by Jerry Jones as that
individual authorized to enter the room.
The Technical Security Division maintains a time log reflecting the hour
and minute of Mr. Jones' entry and exit from this room. The TSD maintainso
no security within the room at any time that Mr. Jones is present nor
does it inspect or restrict the removal of tapes from the room.
GERALD
LIBRARY
Page 2
EYES ONLY Mr. Phillip Buchen
8/13/74
The time log for the room reflects that Mr. Jones entered twice on the
day of President Ford's swearing-in on August 9, 1974. Mr. Jones entered
at 10:25 AM and exited at 10:26 AM and again entered at 10:48 AM and
exited at 10:49 AM. It is my impression that President Nixon was meeting
with the White House Staff at those times offering his farewell remarks.
No information or records are available to indicate whether tapes were
removed from the room on August 9, 1974 or on his previous visits to
the room. No apparent effort has been made to alter the present access
procedures or to remove the tapes from the EOB for delivery to their
rightful owner, Richard M. Nixon.
II EHRLICHMAN/HALDEMAN/DEAN/COLSON/KROEGH Files:
Rooms 84 and 522 of the EOB house all of the files of former employees
listed above. Since May 8, 1973, the TSD of the Secret Service has secured
these two rooms. The TSD allows access to the room upon receipt of an
authorized memorandum from Fred Buzhardt and/or his associate Jeff
Shepherd. The individual entering is accompanied by a Secret Service
Agent at all times.
From May 18, 1973 through May 23, 1973, former employees whose files
were housed in these rooms were allowed to enter same (if cleared through
Buzhardt's office) and obtain and xerox copies of their records and
make notes. From May 23, 1973 to the present, the entry procedures have
remained the same. Note taking and xerox copying, however, have been
disallowed.
At 5:30 PM, August 13, 1974, Mr. Haldeman sought entry into the rooms
as had been his allowed practice through President Nixon's administration.
In addition to Mr. Haldeman all of the employees listed above, whose
files are retained in Rooms 84 and 522, have been allowed continued access
-- always accompanied by a Secret Service Agent.
Like the tapes referred to above, no apparent change has occurred within
the Ford administration to the Nixon access rights to these rooms and no
discernible effort has been expended, to my knowledge, to remove the
files for return to San Clemente.
III CONCLUSIONS:
Records of the Nixon administration are the property of Richard
Nixon)
He is the legal owner of all records from his administration including,
but not limited to, tapes. A close analogy of Former Presidential Tapes
Page 3
EYES ONLY Mr. Phillip Buchen
8/13/74
created during an administration, may be found in President Johnson's
retention and ownership of all video tape recordings created during his
administration.
President Gerald R. Ford presently serves in a role as trustee of the
documents described in this memorandum. As a trustee, he is charged
with the responsibility of maintaining these items in a safe manner while
in his custody and causing the items to be delivered safely to the rightful
owner, at which time his trusteeship terminates.
It is altogether reasonably foreseeable that some of the items referred to in
this memorandum may, at some time in the future, be the subject of a
judicial subpoena issued either by the Special Prosecutor's office; a
defendant in a criminal litigation or a plaintiff in civil litigation. No subpoenas
are presently outstanding for any of the documents described herein.
Should such a subpoena be served today, it would be properly served on
the present custodian, President Ford, and he (rather than Richard M.
Nixon) would be required to comply. Alternatively, if the items described
herein were speedily transmitted to their rightful owner in San Clemente,
President Ford being no longer their custodian, would not be required to
comply to the process.
Should that contingency occur and hypothesizing; should former President
Nixon then refuse to comply with a subpoena then served upon him for
production of records which President Ford had transmitted to him
(possibly through a plea of self-incrimination) then, in that event, President
Ford might be criticized for his transmittal of the items to President
Nixon as being an aid or to preventing full disclosure.
IV RECOMMENDATIONS:
I recommend that President Ford neither retain the items in the White
House Complex (thereby enfusing within his administration Watergate
related responses to judicial summonses) nor transmit same to President
Nixon (thereby running the risk of possible criticism of aiding in
President Nixon's hypothetical non-disclosure).
It is my recommendation that an attorney associated with the Transition
Team immediately meet with Judge Sirica in Chambers and urge the
court to accept custody of all of the items referred to herein.
FORD
GERALD
August 14, 1974
MEMORANDUM FOR THE FILE
From: Philip W. Buchen T.W.B.
Talked to General Haig at 1:55 p.m. on August 14, 1974, per
request of Benton Becker after latter advised me that
Jerry Jones was at this time packing up tapes in closet on
ground floor of EOB for shipment to RMN in San Clemente.
I had earlier been advised by both Don Rumsfeld and Jack Marsh
that at the morning conference with the President he had approved
transmission of tapes and of papers in rooms 84 and 522 of EOB
to RMN under direction of Gen. Haig after latter had contacted
Special Prosecutor Leon Jaworski.
Purpose of my call to General Haig was to learn if Special
Prosecutor had in fact concurred in steps now underway. I
was told that as the result of two conversations between
General Haig and the Special Prosecutor, the latter had raised
no objections to such steps and asked only to be advised when
shipments had been made.
The substance of my conversation with General Haig was
conveyed by me to Benton Becker immediately afterwards.
GERALD FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
August 18, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Bill Casselman
Biu
Attached is the package from Grand Rapids, together with some pertinent
materials from my files (including the Brandon decision, and the portion
of the Soucie decision that we discussed today). I have also prepared for
your review the enclosed draft memorandum to Stu Knight regarding
access to the White House files under the protection of the Secret
Service. This language has not been cleared with Lew Sims, but I shall
do so first thing Monday and I do not anticipate any problems. It will
be necessary, however, for you to execute a second memorandum
covering access to the tape room ("Zone 128").
Enclosures
BERRAD FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
August 20, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Benton Becker
SUBJECT:
H. R. Haldeman's counsel's informal
request to review tapes and logs from
June 20, 21, and 22, 1972
Approximately 950 reels of six hour tapes are located in the OEOB in
an area designated as Zone 128. No logs identifying either the participants
in the conversation or the substance of the conversation are available.
The only records available discloses the date and location of the
conversation; i.e., Oval Office, Presidential Office, OEOB, Cabinet Room
or White House telephone.
These records reflect that tapes are available for the following days and
places during the three day period of June 20, 21, and 22, 1972.
Dates covered in tape
Place of Recording
1. 6/20/72 thru 6/27/72
EOB
2. 5/22/72 thru 6/20/72
EOB
3. 6/12/72 thru 6/20/72
EOB
4. 6/13/72 thru 7/5/72
Cabinet
5. 5/25/72 thru 6/23/72
W/H Telephone
6. 6/20/72
Oval
7. 6/21/72
Oval
8. 6/22/72
Oval
9. 6/23/72
Oval
10. 6/26/72
Oval
GERRE FORD LIBRARY
August 20, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Benton Becker
SUBJECT:
H. R. Haldeman's counsel's informal
request to review tapes and legs from
June 20, 21, and 22, 1972
Approximately 950 reels of six hour tapes are located in the OEOB in
an area designated as Zone 128. No legs identifying either the participants
is the conversation or the substance of the conversation are available.
The only recerds available discloses the date and location of the
conversation; i.e., Oval Office, Presidential Office, OEOB, Cabinet Room
or White House telephone.
These records reflect that tapes are available for the following days and
places during the three day period of June 20, 21, and 22, 1972.
Dates covered in tape
Place of Recording
1. 6/20/72 thru 6/27/72
EOB
2. 5/22/72 thru 6/20/72
EOB
3. 6/12/72 thru 6/20/72
EOB
4. 6/13/72 thru 7/5/72
Cabinet
5. 5/25/72 thru 6/23/72
W/H Telephone
6. 6/20/72
Oval
7. 6/21/72
Oval
8. 6/22/72
Oval
9. 6/23/72
Oval
10. 6/26/72
Oval
BLB:bw
FORD is LIBRARY GERALD
August 20, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Benton Becker
SUBJECT:
H. R. Haldeman's counsel's informal
request to review tapes and legs from
June 20, 21, and 22, 1972
Approximately 950 reels of six hour tapes are located in the OEOB in
an area designated as Zone 128. No legs identifying either the participants
in the conversation or the substance of the conversation are available.
The only records available discloses the date and location of the
conversation; i.e., Oval Office, Presidential Office, OEOB, Cabinet Room
or White House telephone.
These records reflect that tapes are available for the following days and
places during the three day period of June 20, 21, and 22, 1972.
Dates covered in tape
Place of Recording
1. 6/20/72 thru 6/27/72
EOB
2. 5/22/72 thru 6/20/72
EOB
3. 6/12/72 thru 6/20/72
EOB
4. 6/13/72 thru 7/5/72
Cabinet
5. 5/25/72 thru 6/23/72
W/H Telephone
6. 6/20/72
Oval
7. 6/21/72
Oval
8. 6/22/72
Oval
9. 6/23/72
Oval
10. 6/26/72
Oval
BLB:bw
FORD :- 03RALD LIBRARY
August 20, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Benten Becker
SUBJECT:
H. R. Haldeman's councel's informal
request to review tapes and legs from
June 20, 21, and 22, 1972
Approximately 950 reels d six hour tapes are located is the OEOB in
an area designated as Zene 128. No legs identifying olther the participants
in the conversation or the substance of the conversation are available.
The only records available discloses the date sad location of the
conversation; i.e., Oval Office, Presidential Office, OEOB, Cabinet Reem
or White House telephone.
These records reflect that tapes are available for the following days and
places during the three day period of June 20, 21, and 22, 1972.
Dates covered in tape
Place of Recording
1. 6/20/72 thru 6/27/72
EOB
2. 5/22/72 thru 6/20/72
EOB
3. 6/12/72 thru 6/20/72
EOB
4. 6/13/72 thru 7/5/72
Cabinet
5. 5/25/72 thru 6/23/72
W/H Telephone
6. 6/20/72
Oval
7. 6/21/72
Oval
8. 6/22/72
Oval
9. 6/23/72
Oval
10. 6/26/72
Oval
BLB:bw
GERALD LIBRARY ? FORD
August 20, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Benton Becker
SUBJECT:
H. R. Haldeman's counsel's informal
request to review tapes and loga from
June 20, 21, and 22, 1972
Approximately 950 reels of six hour tapes are located in the OEOB in
an area designated as Zene 128. No legs Identifying either the participants
in the conversation or the substance of the conversation are available.
The only records available discloses the date and location of the
conversation; i.e., Oval Office, Presidential Office, OEOB, Cabinet Reem
or White House telephone.
These records reflect that tapes are available for the following days and
places during the three day period of June 20, 21, and 22, 1972.
Dates covered in tape
Place of Recording
1. 6/20/72 thru 6/27/72
FOB
2. 5/22/72 thre 6/20/72
EOB
3. 6/12/72 thru 6/20/72
EOB
4. 6/13/72 thru 7/5/72
Cabinet
5. 5/25/72 thru 6/23/72
W/H Telephone
6. 6/20/72
Oval
7. 6/21/72
Oval
8. 6/22/72
Oval
9. 6/23/72
Oval
10. 6/26/72
Oval
BLB:bw
August 20, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Benton Becker
SUBJECT:
H. R. Haldeman's counsel's informal
request to review tapes and logs from
June 20, 21, and 22, 1972
Approximately 950 reels of six hour tapes are located in the OEOB in
an area designated as Zone 128. No loga identifying either the participants
in the conversation or the substance of the conversation are available.
The only records available discloses the date and location of the
conversation; i.e., Oval Office, Presidential Office, OEOB, Cabinet Room
or White House telephone.
These records reflect that tapes are available for the following days and
places during the three day period of June 20, 21, and 22, 1972.
Dates covered in tape
Place of Recording
1. 6/20/72 thru 6/27/72
EOB
2. 5/22/72 thru 6/20/72
EOB
3. 6/12/72 thru 6/20/72
EOB
4. 6/13/72 thru 7/5/72
Cabinet
5. 5/25/72 thru 6/23/72
W/H Telephone
6. 6/20/72
Oval
7. 6/21/72
Oval
8. 6/22/72
Oval
9. 6/23/72
Oval
10. 6/26/72
Oval
LIBRARY GERALD ? FORD
BLB:bw
HR/1C/8
13 boxes 10 Hers
A-M
Notworks
Request If-
TRO
Colx fornis
M.T
Richard Nixan'sfight
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739-2101
work
Serve interests of U.S. by
tape recordings & tronscripts
Executive privilege
applies 9 only RNonolaim
Exec-privilege
Bomovo Rolozed impodiments teshipment
QUARA 6080 1
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
DRAFT 8/22/74
DRAFT OF PROPOSED LETTER FOR PRESIDENT
TO SEND THE ATTORNEY GENERAL
By this letter, I am requesting a legal opinion from you
concerning the papers and other historical materials of or relating to
former President Richard M. Nixon which are presently located in the oca
Executive Office Building or in the White House or which have been
furnished to the United States District Court for the District of Columbia
pursuant to a subpoena duces tecum issued to former President Nixon
originally made returnable on May 2, 1974.
The subjects of the requested opinion should include all those
types of papers and other historical materials which the Administrator
of General Services could accept for deposit pursuant to the Presidential
Libraries Act (44 U.S.C. 2101 et seq.). Certain of the items involved,
namely former President Nixon's personal notes and personal dictation
belts or cassettes not heretofore transcribed, are related to the subpoena
mentioned above. They are still located in the Executive Office Building
but are ready for shipment to former Presidant Nixon at San Clemente,
California, where he needs to use them for the time-consuming task of
completing his compliance with such subpoena as directed by the United
States Supreme Court on July 24, 1974, in accordance with procedures
FORD : LIBRARY GERALD
-2-
prescribed by the District Court Jude in the pending case of U.S. v.
Mitchell, et al., which is presently set for trial as early as
September 9, 1974. Such items and other items to be covered by the
requested opinion are also needed by former President Nixon for other
purposes related to such pending case wherein former President Nixon
has been subpoenaed by one of the defendants to become a witness.
Further reasons may exist or could occur which make it necessary for
the former President to be able readily to review the contents of various
papers and materials.
The questions which I request you to deal with in your opinion are:
1) What interests and rights does former President Nixon have
in and to the papers and materials mentioned?
2) What responsibilities, if any, do persons on my staff with actual
one
control of the papers and materials presently located in the Executive
Office Building or in the White House have to the extent that any or all of
such papers and materials are or become subject to subpoenas,
requests
court orders, or/by parties to court actions, by members of the Congress,
or by others for inspection, discovery, or disclosure?
I ask that you please expedite the rendering of your opinion
because of the need for prompt answers to these questions.
FORD & LIBRARY 9ERALD
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
DRAFT 8/22/74
DRAFT OF PROPOSED LETTER FOR PRESIDENT
TO SEND THE ATTORNEY GENERAL
By this letter, I am requesting a legal opinion from you
concerning the papers and other historical materials of or relating to
former President Richard M. Nixon which are presently located in the
(
Executive Office Building or in the White House or which have been
furnished to the United States District Court for the District of Columbia
pursuant to a subpoena duces tecum issued to former President Nixon
originally made returnable on May 2, 1974.
The subjects of the requested opinion should include all those
types of papers and other historical materials which the Administrator
of General Services could accept for deposit pursuant to the Presidential
Libraries Act (44 U.S.C. 2101 et seq.). Certain of the items involved,
namely former President Nixon's personal notes and personal dictation
producable UNCLUDE
belts or cassettes not heretofore transcribed, are related to the subpoena
mentioned above. They are still located in the Executive Office Building
but are ready for shipment to former Presidant Nixon at San Clemente,
I am informed
California, where he needs to use them for the time-consuming task of
completing his compliance with such subpoena as directed by the United
States Supreme Court on July 24, 1974, in accordance with
procedure.FORD BERALD
-2-
prescribed by the District Court Jude 0 in the pending case of U.S. v.
Mitchell, et al., which is presently set for trial as early as
I are informal
September 9, 1974. Such items and other items to be covered by the
requested opinion are also needed by former President Nixon for other
purposes related to such pending case wherein former President Nixon
has been subpoenaed by one of the defendants to become a witness.
Further reasons may exist or could occur which make it necessary for
the former President to be able readily to review the contents of various
papers and materials.
The questions which I request you to deal with in your opinion are:
if any
1) What interests and rights/does former President Nixon have
in and to the papers and materials mentioned?
2) What responsibilities, if any, do persons on my staff with actual
control of the papers and materials presently located in the Executive
Office Building or in the White House have to the extent that any or all of
-
mAy
such papers and materials are or become subject to subpoenas,
requests
court orders, or/by parties to court actions, by members of the Congress,
or by others for inspection, discovery, or disclosure?
I ask that you please expedite the rendering of your opinion
because of the need for prompt answers to these questions.
FORD : LIBRARY GERALD
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
DRAFT 8/22/74
DRAFT OF PROPOSED LETTER FOR PRESIDENT
TO SEND THE ATTORNEY GENERAL
By this letter, I am requesting a legal opinion from you
concerning all the papers and other historical materials of or relating to
Whis
accumu lated during his administration.
former President Richard M. Nixon which are presently located in the
Executive Office Building or in the White House or which have been
furnished to the United States District Court for the District of Columbia
pursuant to a subpoena duces tecum issued to former President Nixon
originally made returnable on May 2, 1974.
The subjects of the requested opinion should include all those
types of papers and other historical materials which the Administrator
of General Services could accept for deposit pursuant to the Presidential
Libraries Act (44 U.S.C. 2101 ot seq.). Certain of the items involved,
namely former President Nixon's personal notes and personal dictation
produccoble under
belts or cassettes not heretofore transcribed, are related to the subpoena
mentioned above. They are still located in the Executive Office Building
but are ready for shipment to former Presidant Nixon at San Clemente,
which I am informed
California, where A he needs to use them for the time-consuming task of
completing his compliance with such subpoena as directed by the United
States Supreme Court on July 24, 1974, in accordance with procedures
GERALD LIGURETY
-2-
prescribed by the District Court Jude in the pending case of U.S. v.
Mitchell, et al., which is presently set for trial as early as
30
Eam informed
September 2. 1974. Such items and other items to be covered by the
requested opinion are also needed by former President Nixon for other
purposes related to such pending case wherein former President Nixon
has been subpoenaed by one of the defendants to become a witness.
Further reasons may exist or could occur which make it necessary for
the former President to be able readily to review the contents of various
papers and materials.
The questions which I request you to deal with in your opinion are:
if any,
1) What interests and rights does former President Nixon have
in and to the papers and materials mentioned?
2) What responsibilities, if any, do persons on my staff with actual
control of the papers and materials presently located in the Executive
Office Building or in the White House have to the extent that any or all of
such papers and materials are or 7 mint become subject to subpoenas,
requests
court orders, or/by parties to court actions, by members of the Congress,
or by others for inspection, discovery, or disclosure?
I ask that you please expedite the rendering of your opinion
because of the need for prompt answers to these questions.
FORD & LIBRARY 93RALD
NIXON ADMINISTRATION
Tapes file
Draft 8/23/74
From
The Honorable Arthur F. Sampson
Administrator
D. morgan -
General Services Administration
Washington, D. C. 20405
my dycronly
Dear Mr. Sampson:
I am forwarding to you for custody by the National
Archives all files and records from the Administration of
former President Nixon. While in that custody pursuant hereto,
such files and records shall be subject to such restrictions
as to availability and use as may be prescribed from time to
time by the Secretary of State, the Secretary of Defense, or
the Attorney General as being necessary to protect the national
security or the public interest. This action shall not
prejudice any determination as to the ownership of the files
and records being forwarded.
FORD LIBRARY is OERALD
Draft 8/23/74
PROPOSED PRESS RELEASE
The President today directed that all files and
records of the Administration of former President Nixon that
are still in the White House, including those of all White
House Staff personnel, be gathered together for forwarding
to the Administrator of General Services for custody by the
National Archives. While in that custody pursuant hereto,
such files and records will be subject to restrictions as
to availability and use prescribed from time to time by the
Secretary of State, the Secretary of Defense, or the Attorney
General as being necessary to protect the national security
or the public interest. The President's action does not
apply to files and records of a kind traditionally retained
in the White House upon a change of Administration, nor is it
intended to prejudice any determination as to ownership.
The President's order covers all files and records
through Noon, August 9, 1974. To insure the orderly conduct
of the business of his Administration, the President authorized
Staff personnel to retain copies of those files and records
deemed necessary to the continuation of on-going activities.
FORD LIBRA
Draft 8/23/74
Memorandum from the President
To all present Staff personnel
from the previous Administration
Please turn over to General Haig all of your files
and records from the Administration of former President
Nixon. These files and records will be forwarded to the
Administrator of General Services for custody by the National
Archives and will be subject to such restriction as to availa-
bility and use as may be prescribed from time to time by the
Secretary of State, the Secretary of Defense, or the Attorney
General as being necessary to protect the national security
or the public interest. This includes all files and records
through Noon, August 9, 1974. For the orderly conduct of the
on-going business of the present Administration, it may be
necessary to retain copies of some of these files and records.
It does not include records that are purely personal.
DEBALD
THE WHITE HOUSE
WASHINGTON
August 29, 1974
MEMORANDUM FOR:
Philip W. Buchen
FROM:
Benton L. Becker
SUBJECT:
Whereabouts of Presidential Papers
of the Nixon Administration
Information developed to date indicates that the records and the materials
created during the Nixon Administration are presently located in three
places. They are: (1) The Federal Records Center in Suitland, Maryland,
(2) the National Archives, and (3) the White House Complex.
1. Suitland Records Center. Approximately 2, 800 boxes of records are
contained at this site and prepared for shipment. 1, 200 boxes consists
of GPO publications and the balance consists of what has been described
as "Public Records of the Nixon Administration."
2. National Archives. Approximately 6, 500 boxes are awaiting shipment
at the National Archives. They are categorized as follows: (1) Non-deeded
Nixon Pre-Presidential Papers, (2) Administration audio and visual items
(films of State Dinners, travel abroad, regularly recorded news broadcasts,
etc.), (3) Records of all communications created and/or administered during
the Nixon Administration, (4) Republican National Committee publications
relating to former President Nixon and other Republican candidates for the
past 5 1/2 years, (5) Dormant central files (representing the daily transmittal
of closed "subject" files and "people" files from central files, (6) Records
and papers of Nixon appointees who voluntarily donated their records and
papers to the Archives for use in the Nixon Library, (7) CREP records
(which have already been examined by the Watergate Committee, the
Special Prosecutor and Common Cause).
3. White House Complex. As of the close of business on August 28, 1974,
7, 678 boxes were packed and ready for shipment. These boxes are located
GERALD FORD LIBRARY
2
in 14 rooms and the Treaty Room of the EOB, 5, 785 of which came from
central files, and in my judgment contain no arguably relevant Watergate
information. The balance were transmitted from individual offices in the
Old Executive Office Building and the New Executive Office Building. An
estimated 5, 000 additional boxes remain in various staff offices.
None of the above refers to any of the records contained in Room 522,
Room 84 or Safe-Zone 128.
is
FOND
270
9/16/74
To:
Bill Casselman
From: Phil Buchen
FORD is LIBRARY 07VR70
LAW OFFICES
MILLER, CASSIDY, LARROCA & LEWIN
1320 19TH STREET, N.W. SUITE 500
WASHINGTON. D. C. 20036
AREA CODE 202
TELEPHONE 293-6400
ERBERT J. MILLER. JR.
OHN JOSEPH CASSIDY
JOSEPH S. MCCARTHY
AYMOND G. LARROCA
COURTNEY A. EVANS
ATHAN LEWIN
September 13, 1974
OF COUNSEL
ARTIN D. MINSKER
ILLIAM H. JEFFRESS. JR.
HOMAS D. ROWE. JR.
RAYMOND RANDOLPH. JR.
STAN MORTENSON
Honorable Arthur F. Sampson
Administrator
General Services Administration
Washington, D. C.
Dear Mr. Sampson:
This letter is in reference to the depository agree-
ment entered into between my client, Richard M. Nixon, and you
by letter dated September 6, 1974.
The depository agreement provides that upon accept-
ance of Mr. Nixon's offer of deposit, the Administrator will
arrange the temporary deposit of Mr. Nixon's Presidential
materials in a facility located within the State of California.
The agreement further provides that the Administrator shall
arrange and be responsible for the reasonable protection of
the materials from loss, destruction and access by unauthorized
persons.
It has been brought to my attention that some of the
materials covered by the depository agreement have not as yet
been placed in a secure area to which access can be gained
only upon Mr. Nixon's written authorization. It is my further
understanding that the Secret Service is currently responsible
for protecting certain of Mr. Nixon's Presidential materials
that have been stored in locked rooms or safes.
I hereby request on Mr. Nixon's behalf that you
immediately arrange for all Presidential materials referred
to in the depository agreement which have not as yet been
stored in secured areas to be stored immediately under CORD
ditions whereby access can be gained only by implementation
LIBERTY
Honorable Arthur F. Sampson
September 13, 1974
Page Two
of the two key arrangement called for in the depository
agreement. I further request that any Presidential materials
which are not currently subject to subpoena or other court
order be immediately transferred to California as provided
for in the depository agreement.
Finally, I most urgently request that Presidential
materials, including but not limited to tapes, personal notes
and dictabelts, which Mr. Nixon must review in order to comply
with pending judicial orders or processes, be immediately
transferred to California in order to enable Mr. Nixon to
comply with such orders or processes.
Sincerely yours,
Herbert J. Miller, Jr.
FORD : LIBRARY GENALD
LAW OFFICES
MILLER, CASSIDY, LARROCA & LEWIN
1320 19TH STREET. N.W. . SUITE 500
WASHINGTON, D. C. 20036
AREA CODE 202
TELEPHONE 293-6400
BERT J. MILLER. JR.
JOSEPH S. MCCARTHY
JOSEPH CASSIDY
COURTNEY A. EVANS
MOND G. LARROCA
September 13, 1974
OF COUNSEL
HAN LEWIN
TIN D. MINSKER
LIAM H. JEFFRESS. JR.
MAS D. ROWE. JR.
AYMOND RANDOLPH. JR.
TAN MORTENSON
Philip W. Buchen, Esquire
Counsel to the President
The White House
Washington, D. C. 20500
Dear Mr. Buchen:
I am writing on behalf of my client, Richard M.
Nixon, to inform you that pursuant to the depository agree-
ment entered into by letter from Mr. Nixon to Mr. Arthur F.
Sampson on September 6, 1974, and as owner of the Presiden-
tial materials referred to therein, Mr. Nixon exercises his
right of sole access and control to the materials.
Accordingly, I am advising you on Mr. Nixon's
behalf that no person may be admitted to any locked room
or other secured area containing any of Mr. Nixon's Presi-
dential materials without Mr. Nixon's express written
authorization, nor may any person inspect, copy or otherwise
exercise any authority over any Presidential materials with-
out such authorization.
If any action is taken or permitted inconsistent
with the depository agreement or this letter, Mr. Nixon will
consider such action to be in breach of the depository agree-
ment.
Sincerely yours,
Herbert J. Miller, Jr.
ERRALO FORD KIBRARY
THE WHITE HOUSE
WASHINGTON
September 18, 1974
Dear Mr. Rhoads:
Concerning confirming our recent conversation, in which William
Casselman also participated, I set forth the following
points concerning the letter agreement between former
President Nixon and Administrator Arthur F. Sampson of
the General Services Administration dated September 6,
1974:
ARINCIPAL
1)
Among the reasons that I had recommended
acceptance of this agreement as disposition
of tape recordings which are covered by para-
graphs 8 and 9 was based upon my understanding
of the clandestine nature of their origin. It
is my belief that such recordings made of con-
m 10
versations engaged in by persons of whom one or
more were unaware of the recordings are so
offensive and contrary to their interests in
personal privacy and in free as to justify or
even require treatment different from that
accorded other materials covered by this agreement.
The different treatment specified in the agreement,
while allowing for Court-ordered disclosure to
appropriate parties over a year period, does
preclude other access except as conducted or directed
by the former President in accordance with spec-
ified safeguards involving the General Services
Administration otherwise allows, and ultimately
requires, destruction of the tapes over a second
5-year period.
2) You correctly pointed out that this different
treatment of such tape recordings results in
cutting off the possibility for historians to
learn the conversational contents of the tapes
at some future time, even so far in the future
as to make it unlikely any persons involved
would then be living. You also expressed your
opinion that this was a very objectionable result
from your point of view and from that of other
is
FORD
archivists and historians.
GERALD
LIBRARY
Mr. James B. Rhoads
September 18, 1974
Page 2
I assure you that you were under no obligation
to refrain from expressing this opinion freely
so long as you hold it, and that I would be
to that
willing to assure anyone who inquires, in that
effect
regard. Also, you may use this letter to over-
come any possible implication that your under-
taking or authorizing any tasks to implement
steps
the agreement as written, whether in the initial
5-year period or afterwords, may constitute a
retreat from the opinion you expressed.
the
problems
proposed
3) I suggested to you that the historical and archival
community may wish to consider fully, under appropriate
organizational auspices, by the surreptitious use of
modern recording techniques to make a "record of history"
of private conversations. The problem occurs when for
not all parties to the conversation have been made
aware a recording is in process and also when none
of the parties is aware the conversation is being
recorded. We discussed generally the concerns to
be addressed and their relations to problems, present
and future, going far beyond those caused by only
the tape recordings covered by the agreement in question.
However, those are matters which you and others who
may want to take up the suggestion would independently
want to determine.
Thank you very much for our meeting and for your thoughtful
attention to the points raised.
Sincerely yours,
Philip W. Buchen
Counsel to the President
The Honorable James B. Rhoads
Archivist of the United States
General Services Administration
8th and Pennsylvania Avenue, N. W., Room 111
Washington, D. C. 20408
LIBRARY GERALD R. FORD
letter agreement between former President Nixon
and Administrator Arthur F. Sampson of the
General Services Administration dated September 6, 1974;
Mr. James B. Rhoads
Archivist of the United States
General Services Administration (N)
Dear Mr. Rhoads:
Confirming our, recent conversation m
which William Casselman also
participated, I make # set forth
the following Among points concerning the
1) the reasons that I had
recommended acceptance of
this agreement as to disposition
of tope recordings 26 doe which
are covered by paragraphs8 and 9
was EDO my understand of the clandestins.
based upon
UND
scaret nature of theirorigin. It
GERALL
is my belief that such record, ngs of made conversations
LIBRARA
one or more wore
engaged in by persons ot whom undward
of the record mgs are interests so of Hensive
and controry to their Flants of in
justify or evenrequire
and
personal different privacy as to require speciol
in free
treatment from that accorded 0 ther
materials covered by the agree ment.
The different treatment specified
In the agreement, while allowing
for Court-ordered disclosure to
appropriate parties, does preclude
over 2 5-year
other interim access only 25, authorized
except conductedor Conducted
period,
directed
by specified the former President in accordance
OR
with, safeguords anvolving the
LIBRAR'
General Services Administratorand
allows and ultimately
thorwi son requires destruction of the
tapes over 2 second 5. year period.
2) You correctly pointed out that
this different treatment of the such
tope recordings results in depriving
historians of recess cutting off
the possibility of CLAR for historians
to discover learn ultimately the entare conversational
contents of thotagos at some future
time, even so for in the future
as to then make it unlikely thypersons involved
would Hate be be living. You
slso expressed your opinion objectionable that
this was # a very undestrable
result from your point of view and from
that ot other archivists and at historians
I assured you that you were, under no obligation
to refrain from expressing this opinion
froolyand that no one in the Ad I
Solong 25 you holdit,
would be willing, so to assure anyone
who inquires of your froodom insoter as
that req ard.,
of no implication of a cont ary opinion
the Wh to House
officials
re
on your port me b Also, overcome you
concurned.
may use this letter to contact any possible
implication that your undertaking or authori Z1n9
by thesurreptitious use of
of any tasks to implement the
agreement ss written, whether in
the mittal year period or afforwards,
mayconstitute a retreat from the
opinion you expressed.
BERALD R.FORD
3) I suggested to you that
the historical and archival community
may wish to stud. consider recurding fully, 10 appropriate under
th
etfet
the problems posed DF, modern, techniques
organizational suspices,
of
on the surraptitious susod surreption usly
to make 2" a"record for history" of
private conversations. The problem
exists occurs when not all parties to
the conversation wore aware a
have been made
recording was being made is
in procoss and 2/50 whon none of the
parties We discussed generally
there is
various spects is the ISSUES to
concerns to be add Iressed and their
is recorded.
have
applicab extension for beyond
the particl relations to circumstances
1-5m problems going far beyond present
those of the tape recordings
cobsedibysonly
and future,
covered by the agreement in
question. However, those are
motters which you and take others
who may want to TRKE UP tollow the
suggestion mad offer would
independ ently want to determine,
offerts Hafiter study hauf
intrying to identify
Thank you very much for
having our meeting and for
your thoughtful attention to
the paints raised.
Sincerely yours,
317 GERALD FORD
THE WHITE HOUSE
WASHINGTON
October 12, 1974
MEMORANDUM FOR:
Phil Buchen
FROM:
Bill Casselman
SUBJECT:
Letter to Congressman Brademas
Per my telephone conversation with Bill Sudow on Friday evening,
Congressman Brademas has requested a letter from you assuring him,
as Chairman of the House Administration Subcommittee on Printing to
which S. 4016 was referred, that the Nixon materials in the custody
of the White House will not be removed from the White House complex
during the Congressional recess.
I had advised Sudow that we were trying to accommodate existing court
orders and the concerns of the Special Prosecutor and, in fact, had agreed
with the Special Prosecutor that there would be no change in the physical
location of the Nixon materials pending the outcome of ongoing discussions.
I further noted that while we did not anticipate any agreement with the
Special Prosecutor during the Congressional recess, nevertheless
appropriate notice would be given to the Congress before any materials
were removed during the recess period. Attached is a draft letter to this
effect.
Sudow also requested a description of the security arrangements for
storage of the Nixon materials. Frankly, I don't believe this is a matter
to which Brademas or any other member of Congress should be privy in
any great detail. Disclosure of such arrangements might compromise the
security of the materials. Moreover, the security arrangements are the
primary responsibility of the Secret Service, National Security Council,
and National Archives and Records Service. I would, therefore, suggest
that Brademas address his inquiries to those agencies. (Last Thursday
representatives of the Special Prosecutor's and attorneys for the former
President were given a complete tour of all of the White House storage
areas containing Nixon materials. At the conclusion of that inspection
all parties were satisfied that the materials were being maintained under
safe conditions using appropriate procedures).
FORD
2
By way of comment, it appears to me that the position of the Special
Prosecutor as to any agreement is set out in Jaworski's resignation letter,
wherein he avers that S. 4016 "if enacted, will solve the problem. 11 My
view is the prosecutor's office will await Congressional action.
Jack Miller must realize this too. I suspect that he may file suit against
GSA, White House, et al., for specific performance of the September 6
agreement. If he does so, he would also seek a temporary restraining
order and preliminary injunction to prevent our turning over any materials
pursuant to subpoenas or other requests. Presumably, the Special
Prosecutor would then intervene on behalf of the Government. Once the
matter is in litigation, there would be less possibility of Congressional
action because of the Congress' traditional reluctance to act in the face
of on going judicial controversy.
Enclosure
tuko is LIBRARY