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Nixon - Papers Court Cases - Nixon v. Sampson (2)
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24823988
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Nixon - Papers Court Cases - Nixon v. Sampson (2)
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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General Services Administration. (07/01/1949 - )
Nixon, Richard M. (Richard Milhous), 1913-1994
Watergate Affair, 1972-1974
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The original documents are located in Box 29, folder "Nixon - Papers Court Cases - Nixon
V. Sampson (2)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 29 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
October 24, 1974
MEMORANDUM FOR THE WHITE HOUSE STAFF
SUBJECT:
Court Order Regarding Presidential
Materials of the Nixon Administration
Attached is a copy of a Supplemental Order of the United
States District Court for the District of Columbia, by
Judge Charles R. Richey, issued October 22, 1974. The
Defendants are: Arthur E. Sampson, Administrator of the
General Services Administration; Philip W. Buchen, Counsel
to the President; and H. Stuart Knight, Director of the
Secret Service.
Please note:
1) The order enjoins "the Defendants, their superiors,
agents, and assigns" against certain acts.
2) The order applies to "the materials, including
documents, tapes and other papers, known as the 'Presidential
materials of the Nixon Administration" that are presently in
the custody and control of the Defendants.'
3) The order enjoins the persons affected "from dis-
closing, transferring, disposing or otherwise making known
to any person, be he/she private citizen or public official,
the materials." The order does not prohibit use of the
papers for court, prosecutorial or grand jury matters, or
for purposes of current government business.
Although the order by its terms does not apply to all
members of the White House staff, all White House staff per-
sonnel are expected to act as if they were bound by it.
Similarly, all materials and papers prepared during the
Administration of President Nixon should be regarded as
actually or potentially subject to the order.
LIBRARY
2
Attached also is a copy of an August 9, 1974, memo-
randum from Jerry H. Jones on the subject of collecting and
segregating "papers of the White House Office at the time of
President Nixon's resignation as well as those enroute at
the time and intended for him."
Based on the August 9, 1974, memorandum and the printed
attachment to it, and in accordance with Judge Richey's order,
I have notified counsel to Mr. Nixon and hereby give my con-
sent that:
(i) The remaining papers in the files of the White House
Office which have not yet been segregated and placed in
storage may be used to complete implementing the August 9,
1974, memorandum.
(ii) Papers necessary for purposes of current govern-
ment business shall be used for such purposes if practi-
cable in the form of duplicated files as provided in
the memorandum, and a listing of any files so duplicated
shall be supplied to me.
Implementation of the August 9 memorandum shall be completed
by November 1, 1974, except that no papers will be prepared,
as provided in that memorandum, "for shipment." To this end,
each member of the White House staff subject to the August 9
memorandum shall certify in writing to this office, by November 1,
that the collection and segregation called for have been com-
pleted, and that the materials have been stored within the
White House complex as designated by the Office of Presidential
Papers.
John Nesbitt, supervisory archivist of the Office of Presidential
Papers (Extension 2545) and his staff will be calling on you
and will be available for assistance.
President
Enclosures
LIBRARY
COPY
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RICHARD M. NIXON
:
Plaintiff
:
V.
: C.A. No. 74-1518
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
and
:
THE REPORTERS COMMITTEE FOR FREEDOM
:
OF THE PRESS, et al.,
:
Plaintiffs
:
V.
C.A. No. 74-1533
:
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
SUPPLEMENTAL ORDER
Upon consideration of the Temporary Restraining Order
issued yesterday, dated October 21, 1974 at 4:20 p.m., and
upon consideration of the parties' requests for certain
modifications thereof, and it appearing that the parties
consent to said modifications and that the same are con-
sistent with the ends of justice, and it appearing that the
aforesaid Order as well as this Supplemental Order are
necessary to preserve the status quo in the above-entitled
litigation, it is by the Court this 22nd day of October, 1974,
ORDERED, that the Court's Order of October 21, 1974, be
and the same is hereby amended and supplemented as follows:
ORDERED, that the Motions for a Temporary Restraining
Order be, and the same are hereby granted in part and denied
in part; and it is
COPY
2
FURTHER ORDERED, that the Defendants, their superiors,
agents and assigns are, subject to the conditions hereinafter
described in the balance of this Order, hereby enjoined from
disclosing, transferring, disposing or otherwise making
known to any person, be he/she private citizen or public
official, the materials, including documents, tapes and
other papers, known as the "Presidential materials of the
Nixon Administration", that are presently in the custody and
control of the Defendants; and it is
FURTHER ORDERED, that the Defendants are hereby enjoined
from effectuating the terms and conditions of the "Agreement"
entered into by Richard M. Nixon and Arthur F. Sampson, on
or about September 6, 1974, and it is
FURTHER ORDERED, that the injunction shall not serve as
a bar to the production of said materials pursuant to a validly-
issued subpoena, discovery demand, or court order in any civil
or criminal case, either outstanding or while this injunction
is extant; or to the production of said materials in regard
to the ongoing Watergate criminal trial before United States
District Judge John Sirica; or to the production of said
material pursuant to requests by the Special Prosecutor, or
to a validly issued subpoena by a Grand Jury; or to the use
of said materials, with prior notification to counsel for
Plaintiff Richard M. Nixon and with the consent of Defendant
Philip W. Buchen, for purposes of current government business,
and it is
FURTHER ORDERED, that Plaintiff Richard M. Nixon, or
his attorney, shall be afforded access to said materials under
current access procedures established by Defendants for the
sole purposes of preparing to testify in the Watergate trial
and determining whether to raise any privileges or defenses
he believes he might have in opposition to production of said
materials for current government business or pursuant to
requests by the Special Prosecutor or to validly-issued sub-
poenas, discovery demand or a court order, and if Plaintiff
Richard M. Nixon shall be unable to physically do so, the
government Defendants shall provide copies of said materials
for such use, but he shall not disclose or divulge the contents
thereof except in regard to his testimony or in response to
validly-issued subpoenas, and said copies shall be returned
promptly to the Defendants when such purposes have been served;
and it is
LIBRARY
COPY
3
FURTHER ORDERED, that any person either now or
previously a member of the White House staff shall be
afforded access under current access procedures established
by Defendants, with or without his/her attorney present,
to said materials which comprise or comprised his/her files
while a member of the White House staff, and be allowed to
take notes regarding the same, but not to make copies thereof,
all the above solely for any purposes relating to criminal
investigations or prosecutions; and it is
FURTHER ORDERED, that any search conducted for purposes
of producing or using said materials as provided in this
Order shall be conducted jointly by Defendant Philip W. Buchen,
or his agent, and counsel for Plaintiff Richard M. Nixon, or
his agent, and said persons shall take such steps as are
necessary to assure that the search for and copying of said
materials will in no way destroy or affect the original charac-
ter of any of the materials, including tapes, documents or
other papers referred to herein; and it is
FURTHER ORDERED, that the Plaintiffs shall not be
required to post any bond; and it is
FURTHER ORDERED, that this injunction shall be effective
for ten (10) days and shall be renewed upon proper application
of the parties.
/s/ CHARLES R. RICHEY
Charles R. Richey
United States District Judge
United States District Court
for the District of Columbia
A TRUE COPY
JAMES F. DAVEY, CLERK,
By /s/ ESTHER E. CREIDEN
October 22, 1974
Time 2:35 p.m.
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.
11
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.
erry H. Jones
Special Assistant to the President
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 ouse 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 files 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 books; folders
tainers and will only be made available to the in-
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 be 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 ILH 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 a 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
including copies thereof, are the personal property
records, whether or not adopted, made or received
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).
THE WHITE HOUSE
WASHINGTON
October 24, 1974
MEMORANDUM FOR THE WHITE HOUSE STAFF
SUBJECT:
Court Order Regarding Presidential
Materials of the Nixon Administration
Attached is a copy of a Supplemental Order of the United
States District Court for the District of Columbia, by
Judge Charles R. Richey, issued October 22, 1974. The
Defendants are: Arthur E. Sampson, Administrator of the
General Services Administration; Philip W. Buchen, Counsel
to the President; and H. Stuart Knight, Director of the
Secret Service.
Please note:
1) The order enjoins "the Defendants, their superiors,
agents, and assigns" against certain acts.
2) The order applies to "the materials, including
documents, tapes and other papers, known as the 'Presidential
materials of the Nixon Administration" that are presently in
the custody and control of the Defendants."
3) The order enjoins the persons affected "from dis-
closing, transferring, disposing or otherwise making known
to any person, be he/she private citizen or public official,
the materials." The order does not prohibit use of the
papers for court, prosecutorial or grand jury matters, or
for purposes of current government business.
Although the order by its terms does not apply to all
members of the White House staff, all White House staff per-
sonnel are expected to act as if they were bound by it.
Similarly, all materials and papers prepared during the
Administration of President Nixon should be regarded as
actually or potentially subject to the order.
LIBRARY
2
Attached also is a copy of an August 9, 1974, memo-
randum from Jerry H. Jones on the subject of collecting and
segregating "papers of the White House Office at the time of
President Nixon's resignation as well as those enroute at
the time and intended for him."
Based on the August 9, 1974, memorandum and the printed
attachment to it, and in accordance with Judge Richey's order,
I have notified counsel to Mr. Nixon and hereby give my con-
sent that:
(i) The remaining papers in the files of the White House
Office which have not yet been segregated and placed in
storage may be used to complete implementing the August 9,
1974, memorandum.
(ii) Papers necessary for purposes of current govern-
ment business shall be used for such purposes if practi-
cable in the form of duplicated files as provided in
the memorandum, and a listing of any files so duplicated
shall be supplied to me.
Implementation of the August 9 memorandum shall be completed
by November 1, 1974, except that no papers will be prepared,
as provided in that memorandum, "for shipment." To this end,
each member of the White House staff subject to the August 9
memorandum shall certify in writing to this office, by November 1,
that the collection and segregation called for have been com-
pleted, and that the materials have been stored within the
White House complex as designated by the Office of Presidential
Papers.
John Nesbitt, supervisory archivist of the Office of Presidential
Papers (Extension 2545) and his staff will be calling on you
and will be available for assistance.
W.Buden
Philip N. Buchen
Counsel to the President
Enclosures
LIBRARY
COPY
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RICHARD M. NIXON
:
Plaintiff
:
V.
: C.A. No. 74-1518
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
and
:
THE REPORTERS COMMITTEE FOR FREEDOM
:
OF THE PRESS, et al.,
:
Plaintiffs
:
V.
C.A. No. 74-1533
:
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
SUPPLEMENTAL ORDER
Upon consideration of the Temporary Restraining Order
issued yesterday, dated October 21, 1974 at 4:20 p.m., and
upon consideration of the parties' requests for certain
modifications thereof, and it appearing that the parties
consent to said modifications and that the same are con-
sistent with the ends of justice, and it appearing that the
aforesaid Order as well as this Supplemental Order are
necessary to preserve the status quo in the above-entitled
litigation, it is by the Court this 22nd day of October, 1974,
ORDERED, that the Court's Order of October 21, 1974, be
and the same is hereby amended and supplemented as follows:
ORDERED, that the Motions for a Temporary Restraining
Order be, and the same are hereby granted in part and denied
in part; and it is
LIBRARY GERALD : Fore
COPY
2
FURTHER ORDERED, that the Defendants, their superiors,
agents and assigns are, subject to the conditions hereinafter
described in the balance of this Order, hereby enjoined from
disclosing, transferring, disposing or otherwise making
known to any person, be he/she private citizen or public
official, the materials, including documents, tapes and
other papers, known as the "Presidential materials of the
Nixon Administration", that are presently in the custody and
control of the Defendants; and it is
FURTHER ORDERED, that the Defendants are hereby enjoined
from effectuating the terms and conditions of the "Agreement"
entered into by Richard M. Nixon and Arthur F. Sampson, on
or about September 6, 1974, and it is
FURTHER ORDERED, that the injunction shall not serve as
a bar to the production of said materials pursuant to a validly-
issued subpoena, discovery demand, or court order in any civil
or criminal case, either outstanding or while this injunction
is extant; or to the production of said materials in regard
to the ongoing Watergate criminal trial before United States
District Judge John Sirica; or to the production of said
material pursuant to requests by the Special Prosecutor, or
to a validly issued subpoena by a Grand Jury; or to the use
of said materials, with prior notification to counsel for
Plaintiff Richard M. Nixon and with the consent of Defendant
Philip W. Buchen, for purposes of current government business,
and it is
FURTHER ORDERED, that Plaintiff Richard M. Nixon, or
his attorney, shall be afforded access to said materials under
current access procedures established by Defendants for the
sole purposes of preparing to testify in the Watergate trial
and determining whether to raise any privileges or defenses
he believes he might have in opposition to production of said
materials for current government business or pursuant to
requests by the Special Prosecutor or to validly-issued sub-
poenas, discovery demand or a court order, and if Plaintiff
Richard M. Nixon shall be unable to physically do so, the
government Defendants shall provide copies of said materials
for such use, but he shall not disclose or divulge the contents
thereof except in regard to his testimony or in response to
validly-issued subpoenas, and said copies shall be returned
promptly to the Defendants when such purposes have been served;
and it is
LIBRARY
COPY
3
FURTHER ORDERED, that any person either now or
previously a member of the White House staff shall be
afforded access under current access procedures established
by Defendants, with or without his/her attorney present,
to said materials which comprise or comprised his/her files
while a member of the White House staff, and be allowed to
take notes regarding the same, but not to make copies thereof,
all the above solely for any purposes relating to criminal
investigations or prosecutions; and it is
FURTHER ORDERED, that any search conducted for purposes
of producing or using said materials as provided in this
Order shall be conducted jointly by Defendant Philip W. Buchen,
or his agent, and counsel for Plaintiff Richard M. Nixon, or
his agent, and said persons shall take such steps as are
necessary to assure that the search for and copying of said
materials will in no way destroy or affect the original charac-
ter of any of the materials, including tapes, documents or
other papers referred to herein; and it is
FURTHER ORDERED, that the Plaintiffs shall not be
required to post any bond; and it is
FURTHER ORDERED, that this injunction shall be effective
for ten (10) days and shall be renewed upon proper application
of the parties.
/s/ CHARLES R. RICHEY
Charles R. Richey
United States District Judge
United States District Court
for the District of Columbia
A TRUE COPY
JAMES F. DAVEY, CLERK,
By /s/ ESTHER E. CREIDEN
October 22, 1974
Time 2:35 p.m.
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.
11
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.
FORD
erry DI. Jones
LIBRARY
Special Assistant to the President
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 n 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 files 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 books; folders
tainers and will only be made available to the in-
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 be 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 ns 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 a 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
including copies thereof, are the personal property
records, whether or not adopted, made or received
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
be stored in a secure manner and maintained
tatives of the National Archives, is available to
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).
THE WHITE HOUSE
WASHINGTON
October 24, 1974
MEMORANDUM FOR THE WHITE HOUSE STAFF
SUBJECT:
Court Order Regarding Presidential
Materials of the Nixon Administration
Attached is a copy of a Supplemental Order of the United
States District Court for the District of Columbia, by
Judge Charles R. Richey, issued October 22, 1974. The
Defendants are: Arthur E. Sampson, Administrator of the
General Services Administration; Philip W. Buchen, Counsel
to the President; and H. Stuart Knight, Director of the
Secret Service.
Please note:
1) The order enjoins "the Defendants, their superiors,
agents, and assigns" against certain acts.
2) The order applies to "the materials, including
documents, tapes and other papers, known as the 'Presidential
materials of the Nixon Administration' that are presently in
the custody and control of the Defendants."
3) The order enjoins the persons affected "from dis-
closing, transferring, disposing or otherwise making known
to any person, be he/she private citizen or public official,
the materials." The order does not prohibit use of the
papers for court, prosecutorial or grand jury matters, or
for purposes of current government business.
Although the order by its terms does not apply to all
members of the White House staff, all White House staff per-
sonnel are expected to act as if they were bound by it.
Similarly, all materials and papers prepared during the
Administration of President Nixon should be regarded as
actually or potentially subject to the order.
G FORD LIGHAND
2
Attached also is a copy of an August 9, 1974, memo-
randum from Jerry H. Jones on the subject of collecting and
segregating "papers of the White House Office at the time of
President Nixon's resignation as well as those enroute at
the time and intended for him.
Based on the August 9, 1974, memorandum and the printed
attachment to it, and in accordance with Judge Richey's order,
I have notified counsel to Mr. Nixon and hereby give my con-
sent that:
(i) The remaining papers in the files of the White House
Office which have not yet been segregated and placed in
storage may be used to complete implementing the August 9,
1974, memorandum.
(ii) Papers necessary for purposes of current govern-
ment business shall be used for such purposes if practi-
cable in the form of duplicated files as provided in
the memorandum, and a listing of any files so duplicated
shall be supplied to me.
Implementation of the August 9 memorandum shall be completed
by November 1, 1974, except that no papers will be prepared,
as provided in that memorandum, "for shipment." To this end,
each member of the White House staff subject to the August 9
memorandum shall certify in writing to this office, by November 1,
that the collection and segregation called for have been com-
pleted, and that the materials have been stored within the
White House complex as designated by the Office of Presidential
Papers.
John Nesbitt, supervisory archivist of the Office of Presidential
Papers (Extension 2545) and his staff will be calling on you
and will be available for assistance.
Philip N. Buchen
Counsel to the President
Enclosures
COPY
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RICHARD M. NIXON
:
Plaintiff
:
V.
: C.A. No. 74-1518
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
and
:
THE REPORTERS COMMITTEE FOR FREEDOM
:
OF THE PRESS, et al.,
:
Plaintiffs
:
V.
C.A. No. 74-1533
:
ARTHUR F. SAMPSON, et al.,
:
Defendants
SUPPLEMENTAL ORDER
Upon consideration of the Temporary Restraining Order
issued yesterday, dated October 21, 1974 at 4:20 p.m., and
upon consideration of the parties' requests for certain
modifications thereof, and it appearing that the parties
consent to said modifications and that the same are con-
sistent with the ends of justice, and it appearing that the
aforesaid Order as well as this Supplemental Order are
necessary to preserve the status quo in the above-entitled
litigation, it is by the Court this 22nd day of October, 1974,
ORDERED, that the Court's Order of October 21, 1974, be
and the same is hereby amended and supplemented as follows:
ORDERED, that the Motions for a Temporary Restraining
Order be, and the same are hereby granted in part and denied
in part; and it is
COPY
2
FURTHER ORDERED, that the Defendants, their superiors,
agents and assigns are, subject to the conditions hereinafter
described in the balance of this Order, hereby enjoined from
disclosing, transferring, disposing or otherwise making
known to any person, be he/she private citizen or public
official, the materials, including documents, tapes and
other papers, known as the "Presidential materials of the
Nixon Administration", that are presently in the custody and
control of the Defendants; and it is
FURTHER ORDERED, that the Defendants are hereby enjoined
from effectuating the terms and conditions of the "Agreement"
entered into by Richard M. Nixon and Arthur F. Sampson, on
or about September 6, 1974, and it is
FURTHER ORDERED, that the injunction shall not serve as
a bar to the production of said materials pursuant to a validly-
issued subpoena, discovery demand, or court order in any civil
or criminal case, either outstanding or while this injunction
is extant; or to the production of said materials in regard
to the ongoing Watergate criminal trial before United States
District Judge John Sirica; or to the production of said
material pursuant to requests by the Special Prosecutor, or
to a validly issued subpoena by a Grand Jury; or to the use
of said materials, with prior notification to counsel for
Plaintiff Richard M. Nixon and with the consent of Defendant
Philip W. Buchen, for purposes of current government business,
and it is
FURTHER ORDERED, that Plaintiff Richard M. Nixon, or
his attorney, shall be afforded access to said materials under
current access procedures established by Defendants for the
sole purposes of preparing to testify in the Watergate trial
and determining whether to raise any privileges or defenses
he believes he might have in opposition to production of said
materials for current government business or pursuant to
requests by the Special Prosecutor or to validly-issued sub-
poenas, discovery demand or a court order, and if Plaintiff
Richard M. Nixon shall be unable to physically do so, the
government Defendants shall provide copies of said materials
for such use, but he shall not disclose or divulge the contents
thereof except in regard to his testimony or in response to
validly-issued subpoenas, and said copies shall be returned
promptly to the Defendants when such purposes have been served;
and it is
COPY
3
FURTHER ORDERED, that any person either now or
previously a member of the White House staff shall be
afforded access under current access procedures established
by Defendants, with or without his/her attorney present,
to said materials which comprise or comprised his/her files
while a member of the White House staff, and be allowed to
take notes regarding the same, but not to make copies thereof,
all the above solely for any purposes relating to criminal
investigations or prosecutions; and it is
FURTHER ORDERED, that any search conducted for purposes
of producing or using said materials as provided in this
Order shall be conducted jointly by Defendant Philip W. Buchen,
or his agent, and counsel for Plaintiff Richard M. Nixon, or
his agent, and said persons shall take such steps as are
necessary to assure that the search for and copying of said
materials will in no way destroy or affect the original charac-
ter of any of the materials, including tapes, documents or
other papers referred to herein; and it is
FURTHER ORDERED, that the Plaintiffs shall not be
required to post any bond; and it is
FURTHER ORDERED, that this injunction shall be effective
for ten (10) days and shall be renewed upon proper application
of the parties.
/s/ CHARLES R. RICHEY
Charles R. Richey
United States District Judge
United States District Court
for the District of Columbia
A TRUE COPY
JAMES F. DAVEY, CLERK,
By /s/ ESTHER E. CREIDEN
October 22, 1974
Time 2:35 p.m.
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.
11
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.
Jerry
H. Jones
Special Assistant to the President
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 TeTo-
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 statf'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 sensitire 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 files 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 books; folders
tainers and will only be made available to the in-
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
tire Order No. 10501 with (1. 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 be 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-
cale; daily appointment books or log books; folders
mont in the event that all other copies of it and the
of newspaper or magazine elippings; 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).
STAFF ASSISTANTS AND ABOVE (DOMESTIC COUNCIL)
Tod R. Hullin
Michael Raoul-Duval
228, EOB
216, EOB
James H. Cavanaugh
220, EOB
Glenn Schleede
187, EOB
Norm Ross
187, EOB
James H. Falk
231, EOB
Warren K. Hendriks, Jr.
West Wing
Dana G. Mead
216, EOB
Goeffrey C. Shepard
234, EOB
Roger D. Semerod
220, EOB
Frederic W. Slight
William E. Timmons
David I. Wheat
194, EOB
1st Flr., W.W.
194, EOB
Helen N. Smith
LCDR T. Stephen Todd
George P. Williams
213, East Wing
210, East Wing
106, EOB
Wilbur H. Jenkins
Thym S. Smith
Wayne H. Valis
8, EOB
1st Flr., W.W.
187, EOB
Alvin Snyder
Agnes M. Waldron
Lucy A. Winchester
153, EOB
123, EOB
200, East Wing
Larry M. Speakes
Henry F. Wanning III
Lionel Olmer
1st Flr., W.W.
2nd Flr., W.W.
340, EOB
Beverly J. Splane
Dr. Chester Ward
John C. Vickerman
351, EOB
105, EOB
130, EOB
Brad Patterson
Charles W. B. Wardell III
William F. Matthews
182, EOB
West Wing
68, EOB
Benjamin J. Stein
Philip Warden
James R. Rogers
118, EOB
125, EOB
6, EOB
Gerald Warren
1st Flr., West Wing
Paul A. Theis
Donald A. Webster
115. FOR
Lawrence Adams (Gen.USA)
Maj. Robert Barrett
John C. Calhoun
590, EOB
210, East Wing
179, EOB
Wilburn E. Ainsworth, Jr. Judy E. Berg-Hansen
John C. Carlson
112, East Wing
17, EOB
153, EOB
Adm. George Anderson
Lt. Col. Robert E. Blake
Dorothy Cavanaugh
300, EOB
210, East Wing
Gr. Flr., W.W.
Gwen Anderson
John L. Borling
Byron M. Cavaney, Jr
271, EOB
191, EOB
348, EOB
Anne Armstrong
James Broch
Dudley H. Chapman
West Wing
277, EOB
106, EOB
Phillip E. Areeda
Patrick J. Buchanan
Ken W. Clawson
West Wing
112, EOB
160, EOB
Roy Ash
Philip W. Buchen
Kenneth Cole, Jr.
2nd Floor, W.W.
1st Floor, W.W.
2nd Flr., W.W.
Oliver F. Atkins
Dean Burch
John Coyne
West Wing
2nd Flr, W.W.
118, EOB
Aram Bakshian, Jr.
Jane M. Dannenhauer
118, EOB
43, EOB
FORD
CERALD
LIBRARY
William J. Baroody, Jr.
Wheaton B. Byers
Eva A. Daughtrey
100, EOB
340, EOB
1st Fly
STAFF ASSISTANTS AND ABOVE
Fernando E. DeBoca
Jay T. French
Dianna R. Gwin
197, EOB
1st. Flr., W. W.
Gr. Flr., West Wing
Thomas P. DeCair
Max Friedersdorf
1st Flr., W.W.
112, East Wing
Dorothy E. Downton
Milton A. Friedman
Robert T. Hartmann
lst. Flr., W.W.
114, EOB
1st Flr., West Wing
Roland Elliott
Gertrude B. Fry
Eliska A. Hasek
94, EOB
84, EOB
117, EOB
Jeffrey P. Eves
Leonard Garment
William Henkel, Jr.
187, EOB
182, EOB
348, EOB
Andrew Falkiewicz
Lawrence M. Higby
165, EOB
253, EOB
Michael J. Farrell
David R. Gergen
Anne E. Higgins
100 East Wing
115, EOB
98, EOB
J. Curtis Fee
Alan Greenspan
James R. Holland
143, EOB
134, EQB
157, EOB
Mary Alice Fenton
Bill Gulley
James H. Holmes
94, EOB
210, East Wing
94, EOB
Sanford L. Fox
John S. Guthrie
David C. Hoopes
202, East Wing
168, EOB
STAFF ASSISTANTS AND ABOVE
W. Richard Howard
Daniel T. Kingsley
Charles Lichenstein
197, EOB
351, EOB
2nd Flr., W.W.
Nancy Howe
Henry A. Kissinger
Robert D. Linder
206, East Wing
lst. Flr., W. W.
Gr. Flr., W.W.
John W. Hushen
Virginig H. Knauer
Patricia S. Lindh
1st Flr., W. W.
6003, FOB #7
198, EOB
Jerry H. Jones
Noel C. Koch
Vernon C. Loen
Gr. Flr., West Wing
126, EOB
112, East Wing
Sidney L. Jones
Tom Korologos
Dr. William Lukash
145, EOB
107, East Wing
Residence
George A. Joulwan
William M. Lamont, Jr.
Theodore C. Marrs
1st, Flr., West Wing
139, EOB
103, EOB
Karen R. Keesling
Gen. Richard L. Lawson
John O. Marsh, Jr.
196, EOB
210, East Wing
lst. Flr., W.W.
Robert A. Kelly
Gregori Ledebev
Patricia J. Matson
157, EOB
139, EOB
208, East Wing
David H. Kennerly
Mildred V. Leonard
Nancy Lammerding
lst. Flr., W.W.
Gr. Flr., W.W.
200, East Wing
Kenneth L. Khachigian
Andre Le Tendre
STAFF ASSISTANTS AND ABOVE
Robert Mead
Patrick O'Donnell
Eric C. Rosenberger
lst. Flr., W.W.
107, East Wing
348, EOB
Paul A. Miltich
Terrence O'Donnell
160, EOB
1st Flr., W.W.
Powell A. Moore
Robert B. Off
Warren S. Rustand
1st. Flr., W.W.
143, EOB
171, EOB
Caron A. McCannon
Frank R. Pagnotta
Michael A. Sammuels
411, EOB
281, EOB
2nd Flr., W.W.
Ann M. Morgan
Allen Parmenter
William M. Scranton
114, EOB
351, EOB
West Wing
Ronald J. Naples
Pamela A. Powell
Samuel A. Schulhof
2nd Flr., W.W.
190, EOB
134, EOB
Jack Nesbitt
Raymond K. Price, Jr.
Stanley S. Scott
487, EOB
170, EOB
179, EOB
Ron Nessen
John Ratchford
Gen Brent Scowcroft
lst. Flr., W.W.
1st Flr., West Wing
1st Flr., W.W.
John E. Nidecker
John W. Roberts
L. William Seidman
346, EOB
1st Flr., W.W.
268, EOB
Elizabeth Nolan
Donald Rodgers
Robert G. Shaw
17, EOB
Kenneth A. Lazarus
186, EOB
Kenneth A. Lazarus
186, EOB
Richard P. Cheney
West Wing
Donald S. Lowitz
188-1/2, EOB
Donald Murdoch
188-1/2, EOB
William N. Walker
134, EOB
Louis M. Thompson
West Wing
William W. Nicholson
174, EOB
FORD
William E. Casselman II
LIBRARY
106, EOB
Thursday 10/24/74
Meeting
10/24/14
11:30 a.m.
11:15 Another meeting on the Judge Richey order, etc. will
be held at 11:30 -- trying for the Roosevelt Room.
Meeting actually held in the Situation Room Conference Room.
FORD 2. 07V830 LIBRARY
MEMORANDUM FOR THE WHITE HOUSE STAFF
SUBJECT:
Court Order Regarding Presidential
Materials of the Nixon Administration
Attached is a copy of a Supplemental Order of the United
States District Court for the District of Columbia, by
Judge Charles R. Richey, issued October 22, 1974. The
Defendants are: Arthur E. Sampson, Administrator of the
General Services Administration; Philip W. Buchen, Counsel
to the President; and H. Stuart Knight, Director of the
Secret Service.
Please note:
1) The order enjoins "the Defendants, their superiors,
agents, and assigns" against certain acts.
2) The order applies to "the materials, including
documents, tapes and other papers, known as the 'Presidential
materials of the Nixon Administration" that are presently in
the custody and control of the Defendants."
3) The order enjoins the persons affected "from dis-
closing, transferring, disposing or otherwise making known
to any person, be he/she private citizen or public official,
the materials." The order does not prohibit use of the
papers for court, prosecutorial or grand jury matters, or
for purposes of current government business.
Although the order by its terms does not apply to all
members of the White House staff, all White House staff per-
sonnel are expected to act as if they were bound by it.
Similarly, all materials and papers prepared during the
Administration of President Nixon should be regarded as
actually or potentially subject to the order.
BERALD FOND LIBRARY
2
Attached also is a copy of an August 9, 1974, memo-
randum from Jerry H. Jones on the subject of collecting and
segregating "papers of the White House Office at the time of
President Nixon's resignation as well as those enroute at
the time and intended for him."
Based on the August 9, 1974, memorandum and the printed
attachment to it, and in accordance with Judge Richey's order,
I have notified counsel to Mr. Nixon and hereby give my con-
sent that:
(1) The remaining papers in the files of the White House
Office which have not yet been segregated and placed in
storage may be used to complete implementing the August 9,
1974, memorandum.
(11) Papers necessary for purposes of current govern-
ment business shall be used for such purposes if practi-
cable in the form of duplicated files as provided in
the memorandum, and a listing of any files so duplicated
shall be supplied to me.
Implementation of the August 9 memorandum shall be completed
by November 1, 1974, except that no papers will be prepared,
as provided in that memorandum, "for shipment." To this end,
each member of the White House staff subject to the August 9
memorandum shall certify in writing to this office, by November 1,
that the collection and segregation called for have been com-
pleted, and that the materials have been stored within the
White House complex as designated by the Office of Presidential
Papers.
John Nesbitt, supervisory archivist of the Office of Presidential
Papers (Extension 2545) and his staff will be calling on you
and will be available for assistance.
Philip W. Buchen
Counsel to the President
Enclosures
FORD
is
GERALO
LIBRARY
COPY
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RICHARD M. NIXON
:
Plaintiff
:
V.
:
C.A. No. 74-1518
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
and
:
THE REPORTERS COMMITTEE FOR FREEDOM
:
OF THE PRESS, et al.,
:
Plaintiffs
:
V.
C.A. No. 74-1533
:
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
SUPPLEMENTAL ORDER
Upon consideration of the Temporary Restraining Order
issued yesterday, dated October 21, 1974 at 4:20 p.m., and
upon consideration of the parties' requests for certain
modifications thereof, and it appearing that the parties
consent to said modifications and that the same are con-
sistent with the ends of justice, and it appearing that the
aforesaid Order as well as this Supplemental Order are
necessary to preserve the status quo in the above-entitled
litigation, it is by the Court this 22nd day of October, 1974,
ORDERED, that the Court's Order of October 21, 1974, be
and the same is hereby amended and supplemented as follows:
ORDERED, that the Motions for a Temporary Restraining
Order be, and the same are hereby granted in part and denied
in part; and it is
COPY
2
FURTHER ORDERED, that the Defendants, their superiors,
agents and assigns are, subject to the conditions hereinafter
described in the balance of this Order, hereby enjoined from
disclosing, transferring, disposing or otherwise making
known to any person, be he/she private citizen or public
official, the materials, including documents, tapes and
other papers, known as the "Presidential materials of the
Nixon Administration", that are presently in the custody and
control of the Defendants; and it is
FURTHER ORDERED, that the Defendants are hereby enjoined
from effectuating the terms and conditions of the "Agreement"
entered into by Richard M. Nixon and Arthur F. Sampson, on
or about September 6, 1974, and it is
FURTHER ORDERED, that the injunction shall not serve as
a bar to the production of said materials pursuant to a validly-
issued subpoena, discovery demand, or court order in any civil
or criminal case, either outstanding or while this injunction
is extant; or to the production of said materials in regard
to the ongoing Watergate criminal trial before United States
District Judge John Sirica; or to the production of said
material pursuant to requests by the Special Prosecutor, or
to a validly issued subpoena by a Grand Jury; or to the use
of said materials, with prior notification to counsel for
Plaintiff Richard M. Nixon and with the consent of Defendant
Philip W. Buchen, -for purposes of current government business,
and it is
FURTHER ORDERED, that Plaintiff Richard M. Nixon, or
his attorney, shall be afforded access to said materials under
current access procedures established by Defendants for the
sole purposes of preparing to testify in the Watergate trial
and determining whether to raise any privileges or defenses
he believes he might have in opposition to production of said
materials for current government business or pursuant to
requests by the Special Prosecutor or to validly-issued sub-
poenas, discovery demand or a court order, and if Plaintiff
Richard M. Nixon shall be unable to physically do so, the
government Defendants shall provide copies of said materials
for such use, but he shall not disclose or divulge the contents
thereof except in regard to his testimony or in response to
validly-issued subpoenas, and said copies shall be returned
promptly to the Defendants when such purposes have been served;
and it is
COPY
3
FURTHER ORDERED, that any person either now or
previously a member of the White House staff shall be
afforded access under current access procedures established
by Defendants, with or without his/her attorney present,
to said materials which comprise or comprised his/her files
while a member of the White House staff, and be allowed to
take notes regarding the same, but not to make copies thereof,
all the above solely for any purposes relating to criminal
investigations or prosecutions; and it is
FURTHER ORDERED, that any search conducted for purposes
of producing or using said materials as provided in this
Order shall be conducted jointly by Defendant Philip W. Buchen,
or his agent, and counsel for Plaintiff Richard M. Nixon, or
his agent, and said persons shall take such steps as are
necessary to assure that the search for and copying of said
materials will in no way destroy or affect the original charac-
ter of any of the materials, including tapes, documents or
other papers referred to herein; and it is
FURTHER ORDERED, that the Plaintiffs shall not be
required to post any bond; and it is
FURTHER ORDERED, that this injunction shall be effective
for ten (10) days and shall be renewed upon proper application
of the parties.
/s/ CHARLES R. RICHEY
Charles R. Richey
United States District Judge
United States District Court
for the District of Columbia
A TRUE COPY
JAMES F. DAVEY, CLERK,
By /s/ ESTHER E. CREIDEN
October 22, 1974
Time 2:35 p.m.
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.
Special Assistant to the President
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 TcTo-
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 sensitire 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 pcr-
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 files that certain material is missing from
member; personal books, pamphlets and periodi-
the file. These materials will be filed indocked con-
cals; daily appointment books or log books; folders
tainers and will only be made available to FIGRARY the in-
GERAL
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
tire 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-
tral 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 11 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
mont 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
STAFF ASSISTANTS AND ABOVE (DOMESTIC COUNCIL)
Tod R. Hullin
Michael Raoul-Duval
228, EOB
216, EOB
James H. Cavanaugh
220, EOB
Glenn Schleede
187, EOB
Norm Ross
187, EOB
James H. Falk
231, EOB
Warren K. Hendriks, Jr.
West Wing
Dana G. Mead
216, EOB
Goeffrey C. Shepard
234, EOB
Roger D. Semerod
FORD is 074438 LIBRARY
220, EOB
Frederic W. Slight
William E. Timmons
David I. Wheat
194, EOB
1st Flr., W.W.
194, EOB
Helen N. Smith
LCDR T. Stephen Todd
George P. Williams
213, East Wing
210, East Wing
106, EOB
Wilbur H. Jenkins
Thym S. Smith
Wayne H. Valis
8, EOB
1st Flr., W.W.
187, EOB
Alvin Snyder
Agnes M. Waldron
Lucy A. Winchester
153, EOB
123, EOB
200, East Wing
Larry M. Speakes
Henry F. Wanning III
Lionel Olmer
1st Flr., W.W.
2nd Flr., W.W.
340, EOB
Beverly J. Splane
Dr. Chester Ward
John C. Vickerman
351, EOB
105, EOB
130, EOB
Brad Patterson
Charles W. B. Wardell III
William F. Matthews
182, EOB
West Wing
68, EOB
Benjamin J. Stein
Philip Warden
James R. Rogers
118, EOB
125, EOB
6, EOB
Gerald Warren
1st Flr., West Wing
Paul A. Theis
Donald A. Webster
115 FOR
Lawrence Adams (Gen.USA)
Maj. Robert Barrett
John C. Calhoun
590, EOB
210, East Wing
179, EOB
Wilburn E. Ainsworth, Jr.
Judy E. Berg-Hansen
John C. Carlson
112, East Wing
17, EOB
153, EOB
Adm. George Anderson
Lt. Col. Robert E. Blake
Dorothy Cavanaugh
300, EOB
210, East Wing
Gr. Flr., W.W.
Gwen Anderson
John L. Borling
Byron M. Cavaney, Jr
271, EOB
191, EOB
348, EOB
Anne Armstrong
James Broch
Dudley H. Chapman
West Wing
277, EOB
106, EOB
Phillip E. Areeda
Patrick J. Buchanan
Ken W. Clawson
West Wing
112, EOB
160, EOB
Roy Ash
Philip W. Buchen
Kenneth Cole, Jr.
2nd Floor, W.W.
1st Floor, W.W.
2nd Flr., W.W.
Oliver F. Atkins
Dean Burch
John Coyne
West Wing
2nd Flr, W.W.
118, EOB
Aram Bakshian, Jr.
Jane M. Dannenhauer
118, EOB
43, EOB
William J. Baroody, Jr.
Wheaton B. Byers
Eva A. Daughtrey
100, EOB
340, EOB
1st Fly
STAFF ASSISTANTS AND ABOVE
Fernando E. DeBoca
Jay T. French
Dianna R. Gwin
197, EOB
1st. Flr., W. W.
Gr. Flr., West Wing
Thomas P. DeCair
Max Friedersdorf
1st Flr., W.W.
112, East Wing
Dorothy E. Downton
Milton A. Friedman
Robert T. Hartmann
lst. Flr., W.W.
114, EOB
1st Flr., West Wing
Roland Elliott
Gertrude B. Fry
Eliska A. Hasek
94, EOB
84, EOB
117, EOB
Jeffrey P. Eves
Leonard Garment
William Henkel, Jr.
187, EOB
182, EOB
348, EOB
Andrew Falkiewicz
Lawrence M. Higby
165, EOB
253, EOB
Michael J. Farrell
David R. Gergen
Anne E. Higgins
100 East Wing
115, EOB
98, EOB
J. Curtis Fee
Alan Greenspan
James R. Holland
143, EOB
134, EQB
157, EOB
Mary Alice Fenton
Bill Gulley
James H. Holmes
94, EOB
210, East Wing
94, EOB
Sanford L. Fox
John S. Guthrie
David C. Hoopes
202, East Wing
168, EOB
STAFF ASSISTANTS AND ABOVE
W. Richard Howard
Daniel T. Kingsley
Charles Lichenstein
197, EOB
351, EOB
2nd Flr., W.W.
Nancy Howe
Henry A. Kissinger
Robert D. Linder
206, East Wing
lst. Flr., W. W.
Gr. Flr., W.W.
John W. Hushen
Virginig H. Knauer
Patricia S. Lindh
1st Flr., W. W.
6003, FOB #7
198, EOB
Jerry H. Jones
Noel C. Koch
Vernon C. Loen
Gr. Flr., West Wing
126, EOB
112, East Wing
Sidney L. Jones
Tom Korologos
Dr. William Lukash
145, EOB
107, East Wing
Residence
George A. Joulwan
William M. Lamont, Jr.
Theodore C. Marrs
1st, Flr., West Wing
139, EOB
103, EOB
Karen R. Keesling
Gen. Richard L. Lawson
John O. Marsh, Jr.
196, EOB
210, East Wing
lst. Flr., W.W.
Robert A. Kelly
Gregori Ledebev
Patricia J. Matson
157, EOB
139, EOB
208, East Wing
David H. Kennerly
Mildred V. Leonard
Nancy Lammerding
1st. Flr., W.W.
Gr. Flr., W.W.
200, East Wing
Kenneth L. Khachigian
Andre Le Tendre
STAFF ASSISTANTS AND ABOVE
Robert Mead
Patrick O'Donnell
Eric C. Rosenberger
1st. Flr., W.W.
107, East Wing
348, EOB
Paul A. Miltich
Terrence O'Donnell
160, EOB
1st Flr., W.W.
Powell A. Moore
Robert B. Off
Warren S. Rustand
1st. Flr., W.W.
143, EOB
171, EOB
Caron A. McCannon
Frank R. Pagnotta
Michael A. Sammuels
411, EOB
281, EOB
2nd Flr., W.W.
Ann M. Morgan
Allen Parmenter
William M. Scranton
114, EOB
351, EOB
West Wing
Ronald J. Naples
Pamela A. Powell
Samuel A. Schulhof
2nd Flr., W.W.
190, EOB
134, EOB
Jack Nesbitt
Raymond K. Price, Jr.
Stanley S. Scott
487, EOB
170, EOB
179, EOB
Ron Nessen
John Ratchford
Gen Brent Scowcroft
lst. Flr., W.W.
1st Flr., West Wing
1st Flr., W.W.
John E. Nidecker
John W. Roberts
L. Williamseidman
346, EOB
1st Flr., W.W.
268, EOB
Elizabeth Nolan
Donald Rodgers
Robert G. Shaw
17, EOB
Kenneth A. Lazarus
186, EOB
Kenneth A. Lazarus
186, EOB
Richard P. Cheney
West Wing
Donald S. Lowitz
188-1/2, EOB
Donald Murdoch
188-1/2, EOB
William N. Walker
134, EOB
Louis M. Thompson
West Wing
William W. Nicholson
174, EOL
William E. Casselman II
106, EOB
Cour
October 24, 1974
MEMORANDUM FOR
The Honorable Laurence H. Silberman
Deputy Atterney General
Attached are two copies of the October 24 memorandum
for the White House Staff which has gone out.
I understand you will advise Jack Miller of this
memorandum and furnish him a 8 PY promptly.
Thank you for your assistance.
Philip W. Buchen
Counsel to the President
Attachments
PWBuchen:ed
FORD is LIBRARY 9ERALD
THE WHITE HOUSE
WASHINGTON
October 24, 1974
MEMORANDUM FOR THE WHITE HOUSE STAFF
SUBJECT:
Court Order Regarding Presidential
Materials of the Nixon Administration
Attached is a copy of a Supplemental Order of the United
States District Court for the District of Columbia, by
Judge Charles R. Richey, issued October 22, 1974. The
Defendants are: Arthur E. Sampson, Administrator of the
General Services Administration; Philip W. Buchen, Counsel
to the President; and H. Stuart Knight, Director of the
Secret Service.
Please note:
1) The order enjoins "the Defendants, their superiors,
agents, and assigns" against certain acts.
2) The order applies to "the materials, including
documents, tapes and other papers, known as the 'Presidential
materials of the Nixon Administration' that are presently in
the custody and control of the Defendants."
3) The order enjoins the persons affected "from dis-
closing, transferring, disposing or otherwise making known
to any person, be he/she private citizen or public official,
the materials." The order does not prohibit use of the
papers for court, prosecutorial or grand jury matters, or
for purposes of current government business.
Although the order by its terms does not apply to all
members of the White House staff, all White House staff per-
sonnel are expected to act as if they were bound by it.
Similarly, all materials and papers prepared during the
Administration of President Nixon should be regarded as
actually or potentially subject to the order.
2
Attached also is a copy of an August 9, 1974, memo-
randum from Jerry H. Jones on the subject of collecting and
segregating "papers of the White House Office at the time of
President Nixon's resignation as well as those enroute at
the time and intended for him."
Based on the August 9, 1974, memorandum and the printed
attachment to it, and in accordance with Judge Richey's order,
I have notified counsel to Mr. Nixon and hereby give my con-
sent that:
(i) The remaining papers in the files of the White House
Office which have not yet been segregated and placed in
storage may be used to complete implementing the August 9,
1974, memorandum.
(ii) Papers necessary for purposes of current govern-
ment business shall be used for such purposes if practi-
cable in the form of duplicated files as provided in
the memorandum, and a listing of any files so duplicated
shall be supplied to me.
Implementation of the August 9 memorandum shall be completed
by November 1, 1974, except that no papers will be prepared,
as provided in that memorandum, "for shipment." To this end,
each member of the White House staff subject to the August 9
memorandum shall certify in writing to this office, by November 1,
that the collection and segregation called for have been com-
pleted, and that the materials have been stored within the
White House complex as designated by the Office of Presidential
Papers.
John Nesbitt, supervisory archivist of the Office of Presidential
Papers (Extension 2545) and his staff will be calling on you
and will be available for assistance.
Philip W. W.Tanden Buchen
Counse) to the President
Enclosures
COPY
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RICHARD M. NIXON
:
Plaintiff
:
V.
:
C.A. No. 74-1518
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
and
:
THE REPORTERS COMMITTEE FOR FREEDOM
:
OF THE PRESS, et al.,
:
Plaintiffs
:
V.
C.A. No. 74-1533
:
ARTHUR F. SAMPSON, et al.,
:
Defendants
:
SUPPLEMENTAL ORDER
Upon consideration of the Temporary Restraining Order
issued yesterday, dated October 21, 1974 at 4:20 p.m., and
upon consideration of the parties' requests for certain
modifications thereof, and it appearing that the parties
consent to said modifications and that the same are con-
sistent with the ends of justice, and it appearing that the
aforesaid Order as well as this Supplemental Order are
necessary to preserve the status quo in the above-entitled
litigation, it is by the Court this 22nd day of October, 1974,
ORDERED, that the Court's Order of October 21, 1974, be
and the same is hereby amended and supplemented as follows:
ORDERED, that the Motions for a Temporary Restraining
Order be, and the same are hereby granted in part and denied
in part; and it is
COPY
2
FURTHER ORDERED, that the Defendants, their superiors,
agents and assigns are, subject to the conditions hereinafter
described in the balance of this Order, hereby enjoined from
disclosing, transferring, disposing or otherwise making
known to any person, be he/she private citizen or public
official, the materials, including documents, tapes and
other papers, known as the "Presidential materials of the
Nixon Administration", that are presently in the custody and
control of the Defendants; and it is
FURTHER ORDERED, that the Defendants are hereby enjoined
from effectuating the terms and conditions of the "Agreement"
entered into by Richard M. Nixon and Arthur F. Sampson, on
or about September 6, 1974, and it is
FURTHER ORDERED, that the injunction shall not serve as
a bar to the production of said materials pursuant to a validly-
issued subpoena, discovery demand, or court order in any civil
or criminal case, either outstanding or while this injunction
is extant; or to the production of said materials in regard
to the ongoing Watergate criminal trial before United States
District Judge John Sirica; or to the production of said
material pursuant to requests by the Special Prosecutor, or
to a validly issued subpoena by a Grand Jury; or to the use
of said materials, with prior notification to counsel for
Plaintiff Richard M. Nixon and with the consent of Defendant
Philip W. Buchen, for purposes of current government business,
and it is
FURTHER ORDERED, that Plaintiff Richard M. Nixon, or
his attorney, shall be afforded access to said materials under
current access procedures established by Defendants for the
sole purposes of preparing to testify in the Watergate trial
and determining whether to raise any privileges or defenses
he believes he might have in opposition to production of said
materials for current government business or pursuant to
requests by the Special Prosecutor or to validly-issued sub-
poenas, discovery demand or a court order, and if Plaintiff
Richard M. Nixon shall be unable to physically do so, the
government Defendants shall provide copies of said materials
for such use, but he shall not disclose or divulge the contents
thereof except in regard to his testimony or in response to
validly-issued subpoenas, and said copies shall be returned
promptly to the Defendants when such purposes have been served;
and it is
COPY
3
FURTHER ORDERED, that any person either now or
previously a member of the White House staff shall be
afforded access under current access procedures established
by Defendants, with or without his/her attorney present,
to said materials which comprise or comprised his/her files
while a member of the White House staff, and be allowed to
take notes regarding the same, but not to make copies thereof,
all the above solely for any purposes relating to criminal
investigations or prosecutions; and it is
FURTHER ORDERED, that any search conducted for purposes
of producing or using said materials as provided in this
Order shall be conducted jointly by Defendant Philip W. Buchen,
or his agent, and counsel for Plaintiff Richard M. Nixon, or
his agent, and said persons shall take such steps as are
necessary to assure that the search for and copying of said
materials will in no way destroy or affect the original charac-
ter of any of the materials, including tapes, documents or
other papers referred to herein; and it is
FURTHER ORDERED, that the Plaintiffs shall not be
required to post any bond; and it is
FURTHER ORDERED, that this injunction shall be effective
for ten (10) days and shall be renewed upon proper application
of the parties.
/s/ CHARLES R. RICHEY
Charles R. Richey
United States District Judge
United States District Court
for the District of Columbia
A TRUE COPY
JAMES F. DAVEY, CLERK,
By /s/ ESTHER E. CREIDEN
October 22, 1974
Time 2:35 p.m.
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 alssist in the collection and segregation
of President Nixon's papers. for shipment. Meanwhile, please read
the attached instructions.
erry H. Jones
Special Assistant. to the President
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 n 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 files 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 books; folders
tainers and will only be made available to the in-
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 be 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 ILH 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 a 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
including copies thereof, are the personal property
records, whether or not adopted, made or received
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).
October 30, 1974
Herbert J. Miller, Jr., Esq.
Miller, Cassidy, Larroca & Lewin
1320 19th Street, N.W.
Washington, D. C. 20036
Re: Richard M. Nixon V. Arthur F. Sampson, et al.,
C.A. No. 74-1518; and The Reporters Committee
for Freedom of the Press, et al. V. Arthur F.
Sampson, et al., C.A. No. 74-1533
Dear Mr. Miller:
Enclosed find a copy of a Memorandum For The White House
Staff dated October 24, 1974 with Judge Richey's Supplemental
Order and August 9, 1974 Memorandum For The White House Staff
attached. We are advised that the enclosed Memorandum was
distributed to the White House Staff on October 24, 1974.
Yours truly,
Carla A. Hills
CAH:bp
Enclosure
CC: Mr. Laurence H. Silberman
Deputy Attorney General
Philip W. Buchen, Esq.
Counsel to the President
FORD
CERALD
LIBRARY
October 30, 1974
Herbert J. Miller, Jr., Esq.
Miller, Cassidy, Larroca & Lewin
1320 19th Street, N.W.
Washington, D. C. 20036
Re: Richard M. Nixon v. Arthur F. Sampson, et al.,
C.A. No. 74-1518; and The Reporters Committee
for Freedom of the Press, et al. V. Arthur F.
Sampson, et al., C.A. No. 74-1533
Dear Mr. Miller:
Enclosed find a copy of a Memorandum For The White House
Staff dated October 24, 1974 with Judge Richey's Supplemental
Order and August 9, 1974 Memorandum For The White House Staff
attached. We are advised that the enclosed Memorandum was
distributed to the White House Staff on October 24, 1974.
Yours truly,
Carla A. Hills
CAH:bp
Enclosure
CC: Mr. Laurence H. Silberman
Deputy Attorney General
Philip W. Buchen, Esq.
Counsel to the President
FORD
LIBRARY