Special Prosecutor (7) · trial subpoena. 11 I have enclosed an original docUinent entitled ''Worksheet - Inventory of Tapes in Jaworski Subpoena. 11 Sincerely, Philip W. Buchen Counsel

The original documents are located in Box 61, folder “Special Prosecutor (7)” 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.

THE WHITE HOUSE

WASHINGTON

November 5, 1974

Dear Mr. Ben-Veniste:

This is in response to your letter to William E. Casselman II, dated November 2, 1974, in which you requested 11notes made by Geoffrey Shepard and Richard Hauser 11 which were 11made in connection with locating certain conversations of reels of Presidential tapes for the purpose of complying with the Watergate Special Prosecutor's trial subpoena. 11

I have enclosed an original docUinent entitled ''Worksheet - Inventory of Tapes in Jaworski Subpoena. 11

Sincerely,

Philip W. Buchen Counsel to the President

Richard Ben-Veniste, Esquire Assistant Special Prosecutor Watergate Special Prosecution Force United States Department of Justice 1425 K Street, N. W. Washington, D. c. 20005

Attachment

Digitized from Box 61 of the Philip Buchen Files at the Gerald R. Ford Presidential Library

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THE WHITE HOUSE

WASHINGTON

November 5, 1974

Dear Mr. Ruth:

For reasons known to the Watergate Special Prosecution Force, we are respectfully requesting an extension at this time until November 22, 1974, for Grand Jury Subpoenas served on me which are returnable on November 6, 8, 11and13, 1974. Each return date involves two separate subpoenas.

Within the limits of our ability, we shall try to provide materials r.esponsive to the subpoenas during the interim before November 22nd subject to the terms and conditions imposed by the current or any future order of the United States District Court for the District of Colum.bia in the cases of Nixon, et al. v. Sampson, et al., C. A. Nos. 74-1518 and 74-1533.

Sincerely,

~-~~~ Counsel to the President

Honorable Henry S. Ruth, Jr. Special Prosecutor Watergate Special Prosecution Force Department of Justice 1425 K Street, Northwest Washington, D. C. 20005

cc: William E. Casselman Laurence H. Silberman Herbert J. Miller, Jr.

THE WHITE HOUSE

WASHINGTON

November 5, 1974

Dear Mr. Ruth:

For reasons known to the Watergate Special Prosecution Force, we are respectfully requesting an extension at this time until November 22, 1974, for Grand Jury Subpoenas served on me which are returnable on November 6, 8, 11and13, 1974. Each return date involves two separate subpoenas.

Within the limits of our ability, we shall try to provide nlaterials responsive to the subpoenas during the interim before November 22nd subject to the terms and conditions imposed by the current or any future order of the United States District Court for the District of Columbia in the cases of Nixon, et al. v. Sampson, et al., C. A. Nos. 74-1518 and 74-1533.

Sincerely,

1!:x.i.;~~ Counsel to the President

Honorable Henry S. Ruth, Jr. Special Prosecutor Watergate Special Prosecution Force Department of Justice 1425 K Street, Northwest Washington, D. C. 20005

cc: William E. Casselman Laurence H. Silberman Herbert J. Miller, Jr.

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TH E \V H !T E H 0 US E

WASrllNGTOf'.l

November 8, 1974


This is in response to your letter of November 6, 1974, to Mr. William Casselman, which you requested Hany

entry cards'' indicating any entries of the Old Executive Office Building or any part of the White House complex under the name Paul O~Brien during March 1973.

All entry cards for March 1973 are contained in one box, and I the ref ore directed that a sear ch be made of that box for any entry cards for Paul O'Brien, or any variation of that name, during Nlarch 1973. The only cards found were duplicate cards for which our records indicate that the originals were previously delivered to your office. These cards reflect entries by Mr. O'Brien on March 6, 7, 13, 14, 19 and 22, 1973.

I trust that this is responsive to your request.

Sincerely,

Counsel to the President .·

Richard Ben-Veniste1 Esquire Assistant Special Prosecutor Watergate Special Prosecution Force United States Department of Justice 1425 K Street~ N. '\V. Washbgton~ D. C. 20005

(

WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice

1425 K Street, N.W. Washington, D.C. 20005

November 6, 1974

HAND DELIVERED

William Casselman, II~ Esq. Counsel to the President The \fuite House Washington, D. C. 20500

Re: United States v. Mitchell, et al.

Dear Mr. Casselman:

In connection with the ongoing trial of the Watergate cover-up case it has become important for us to determine all entries made at the Old Executive Office Building or any part of the White House complex by Paul O'Brien during the month of March 1973. This information will be relevant to testimony that the Government will be introducing in just a few days. For that reason, we would appreciate it if you would provide us at your earliest convenience with any entry cards you locate under the name Paul O'Brien for March 1973. If you have any questions about this request, please telephone me.

We appreciate your continued assistance.

?A:a~~~~~ Richard Ben-Venlste Assistant Special Prosecutor

l1J Ul :J 0 J: IJJ 1--:c ~ IJ..I :c I-

WHEREAS, Gerald R. Ford, President of the United States,

has determined and informed his Counsel that the due

administration of justice and the public interest require that

the Special Prosecutor have prompt and effective use of those

Presidential materials of the Nixon Administration now located

in the White House complex that are relevant and important to

ongoing criminal investigations and prosecutions within the

Special Prosecutor's jurisdiction; and

WHEREAS, this Agreement, if implemented, would accommodate

the needs of the Special Prosecutor with respect to such

materials;

NOW, THEREFORE, the undersigned h~ve agreed as follows:

1 . Upon letters from the Special Prosecutor to Counsel

to the President specifying those materials that he has reason

to believe are relevant to specif i.ed criminal investigations or

prosecutions within the Special Prosecutor's jurisdiction and

explaining why access to such materials is important to a full

and fair resolution of those investigations and prosecutions,

the Special Prosecutor or his designees shall be afforded access

to the materials under the following procedures:

a. Documents

1. Where files are organized by subject matter, only those files may be examined which, because of their titles, may contain documents relevant to these specified investigations and prosecutions.

2. Where files are organized chronologically, only that portion of the file covering the time period relevant to the request may be examined.

2

3. Where no chronological or subject label is on a file, the file may be examined to determine whether the file contains relevant materials.

4. In order to assist in these searches, the Special Prosecutor may request the assistance of members of the archival staff detailed to the White House in making a li·st of file titles or other index.

b. Tape Recordings: Only the tape recordings of conversations specified by letters according to the above procedures may be listened to.

2. The Special Prosecutor shall be allowed to make copies

of only those tapes of conversations and documents that he

determines are relevant to criminal investigations or prosecutions

within his jurisdiction. Prior to the Special Prosecutor receiving

such copies, Counsel to the President may review the copies to

determine whether they may not be disclosed for reasons of

national security. The originals of any tapes and documents,

copies of which are provided to the Special Prosecutor, s~all be

retained and, if necessary for a criminal proceeding, will be

given to the Special Prosecutor for such proc~eding in exchange

for the copies.

3. Richard M. Nixon or his attorney or designated agent

shall be given notice of, and may be present during, searches

pursuant to this Agreement. Also, Mr. Nixon or his attorney or

designated agenL, shall be afforded access to and/or ~opies of

those tapes of conversation and documents for which the Special

Prosecutor is allowed copies. The Counsel to the President

also may designate the individuals to be present during these

searches.

-.

- 3 ·-

4. No Presidential materialf> shall be rc:noved to ,

locations in Washington, D. C. other than the White House

complex without the approval of the cial Prosecutor and

no portions of such materials shall be ~emoved to locations

outside of the District of Columbia without an indication

from the Special Prosecutor t hr· 112'.s no further need for

such portions, except upon court order.

5, '!'he par S to thiR (~ shall move jointly

to modify, if neces , the temper order as

now outstanding in Civil Action number 74-1518 and in

consolidated cases in the United States District Court for

the District Columbia to permit lcmenta of this

Agreement.

Counsel to the President

. ~;anpson

Administr2tor General Services

Director, States Secret Service

Henry s~-Fi11tE~Jr-.--.~-----------·-··--·

Spec 1 Prosecutor Wat0rgate SpGc 1 Prosecution Force


has determined and informed his Counsel that the due

administration of justice and the public interest require that

the Special Prosecutor have prompt and effective use of those




Special Prosecutor's jurisdiction; and

WHEREAS, this Agreement, if implemented, would accommodate


materials;

NOW, THEREFORE, the undersigned have agreed as follows:

1. Upon letters from the Special Prosecutor to Counsel


to believe are relevant to specified criminal investigations or


explaining why access to such materials is important to a full ~

and fair resolution of those investigations and prosecutions,



a. Documents

1. Where files are organized by subject matter, only those files may be examined which, because of their titles, may contain documents relevant to these specified investigations and prosecutions.

2. Where files are organized chronologically, only that portion of the file covering the time period relevant to the request may be examined.

2

3. Where no chronological or subject label is on a file, the file may be examined to determine whether the file contains relevant materials.

4. ~n order to assist in these s~arches, th~ Spe.cial Prosecutor may request the assistance of members of the archival staff detailed to the White House in making a list of f.ile titles or other inde}:{.


2. The Special Prosecutor. shall.be allowed to make copies

of only those tapes of conversations and documents that he Cr"IV)'lf'\11 -;..1

detennines are relevant to,..investigations or prosecutions

within his jurisdiction. Prior to the Special Prosecutor

receiving such copies, Counsel to the President may review the

copies to determine whether they may not be disclosed for reasons

of national security. The originals of any tapes and documents,

copies of which are provided to the Special Prosecutor, shall be

retained and, if necessar~ for a criminal proceeding, will be

given to the Special Prosecutor for such proceeding in exchange

for the copies.



pursuant to this AgrePnent. Also, Mr. Nixon or .his attorney

or designated aqent, shall b(, afforded access to and/or cop t~s

of those tapes of conversation and documents for which the

Special Prosecutor is allowed copies. The Counsel to the

President also may designate individuals during

these searches . ·

.. . '

..

•

- 3 -

4. No Presidential materials shall be removed to

locations in Washington, D. c. other than the White House

complex without the approval of the Special Prosecutor and

no portions of such materials shall be removed to locations


from :the Special Prosecutor that he has no further need for

such portions,except upon QQR~ra~y c9urt order .

5. The parties to this Agreement shall move jointly

to rr.odify, if necessary, the temporary restraining order as

now outstanding in Civil Action number 74-1518 in the United

States District Court for the District of Columbia to permit

implementation of this Agreement.

Philip w. Buchen Counsel to the President

'•

ArthurF':Sarnpson--Adminis tra tor of General Services

H. Stuart Knight Director, United States Secret Service

Henrys~Ruth·, Jr. Special Prosecutor Watergate Special Prosecution Force

THE WHITE HOUSE

WASHINGTON

November 8, 1974


This is in response to your letter of November 6, 1974, to Mr. William Casselman, in which you requested Hany entry cards 11 indicating any entries of the Old Executive Office Building or any part of the White House complex under the name Paul O~Brien during March 1973.

All entry cards for March 1973 are contained in one box, and I therefore directed that a sear ch be made of that box for any entry cards for Paul O'Brien, or any variation of that name, during March 1973. The only cards found were duplicate cards for which our records indicate that the originals were previously delivered to your office. These cards reflect entries by Mr. 0 1Brien on March 6, 7, 13, 14, 19 and 22, 1973.


Sincerely,

Counsel to the President

Richard Ben-Veniste, Esquire Assistant Special Prosecutor Watergate Special Prosecution Force United States Department of Justice 1425 K Street, N. W. Washh1gton, D. C. 20005



November 6~ 1974

HAND DELIVERED

William Casselman, II, Esq. Counsel to the President The White House Washington, D. C. 20500


Dear Mr. Casselman:



~4:a~~~~ Richard Ben-Veniste Assistant Special Prosecutor

( i I \

THE: WHITE HOUSE

WASHINGTON

November 8, 197 4


~

This is in response to your letter of ·November 6, 1974, to Mr. William Casselman, i.11. which you requested nany entry cards 11 indicating any entries of the Old Executive Office Building or any part of the ·white House complex under the name Paul O~Brien during J:vlarch 1973.

All entry cards for March 1973 are contained in one box, and I therefore directed that a search be made of that box for any entry cards for Paul O'Brien, or any variation of that name, during March 1973. The only cards found were duplicate cards for which our records indicate that the originals were previously delivered to your office. These cards reflect entries by Mr. O'Brien on March 6, 7, 13, 14, 19 and 22, 1973.


Sincerely,

Counsel to the President .·

Richard Ben-Veniste, Esquire Assistant Special Prosecutor Watergate Special Prosecution Force United States Department of Justice 1425 K Street, N. W. Washington, D. C. 20005


1425 K Street, N.W. Washington, D.C. 20f'_;()5

November 6~ 1974

HAND DELIVERED

William Casselman, II, Esq. Counsel to the President The ·white House Washington,·D. C. 20500


Dear Mr. Casselman:



Y.1:a~~~~ Richard Ben-Veniste

·Assistant Special Prosecutor

..

WHEREAS , Ford, President of the United States ,

has determined a~d informed his Counsel that,./the due

administration of justice and the public interest _ require that -~~

the Special Prosecutor have prompt and effective ace@§ lb

those Presidential materials of the Nixon A~tr!\:on now

located in the White House complex that a ~ portant to ongoing A

c riminal inves tigations and prosecutions within the Special

Prosecutor's jurisdictionrf' and

WHEREAS, this Agreement, if implemented , would accommodate

.. the needs of the Special Prosecutor with respect to such

materia I""";

NOW, THEREFORE, the undersigned have agreed a s follows:

1. Upon l etters from the Special· Prosecutor to Counsel

to the President specifying those materials t-.hat he has reason ~:...A.

to believe are relevant to specified~investigations or


explaining why access to such materials is important to a full I

and fai * Lesoluti0n of tho~e investjgutions and prosecutions,

the Special ProGecutor or his designees shall be afforded acce~s

to the mat:rials under the following procedures :

a. Documen s

1. WhP.re files are organized by subject matter, only those files may be examined which, because of thP.ir titles, may contain docwnents relevant to these specified investigations and prosecutions.

2. Where files ..ire organ-izr:d chro·.ologically, ,n ... y that portion of the file coverinq the time period relevant to the request may be ex<lmined.

-2-

3. Where no chronological or subject label is on a file, the file may be examined to determine whether the file contains r .elevant materials.

, 4. In order to assist in these searches, the

Special Prosecutor may request the assistance of members of the archival staff detailed to the White House in making a list of file titles or other index.


2. The· Special Prosecutor shall be allowed to make copies

of only those tapes of conversations and documents that he

determines are relevant to investigations or prosecutions

within his jurisdiction. Prior to the Special Prosecutor

receiving such copies, Counsel to the President may review the

copies to determine whether they may not be disclosed for·reasons

of. national security. The originals of any tapes and documents,

copies of which are provided to the Special Prosecutor, shall be

retained and, if necessary for a criminal .Proceeding, will be

given to the Special Prosecutor for such proceeding in ex~hange

for the copies.



l.~~ to this Agreement. Also, Mr. Nixon or his attorney or

~agent, shall be afforded access to and/or copies of those tapes

of conversation and documents for which the Special Prosecutor

is allowed copies. The Counsel to the President also may

designate individuals to be present during these searches.

,..._,,, '.._/

.,.. 3

4. No Presidential materials shall be removed to

locations in Washington, D.C. other than the White House




from th~ Special Prosecutor that he has no further need for

such portions except upon ·contrary-court order. ·

5. The parties to this Agreement shall move jointly

to modify, if necessary, the -temporary restraining order as

now outstanding in Civil ·Action.number 74-1518 in the United

States Dist~ict Court for the District of Columbia to permit . . ..

implemen:tation of this Agreement.



Philip w. Buchen, Esq. Counsel to the President The White House Washington, D.C.

Dear Mr. Buchen:

November 9, 1974

In light of the agreement signed yesterday and today by

Messrs. Buchen, Sampson, Knight and myself, this office hereby

withdraws the eight grand jury subpoenas served upon you. As

you recall, we had extended the original return dates of these

subpoenas until November 22, 1974.

~:~JR, Special Prosecutor

cc: Herbert J. Miller, Jr.

DEPUTY ATTORNEY GENERAL

WASHINGTON

November 9, 1974

Dear Phil:

Enclosed is a copy of the signed

Agreement.

Sincerely yours,

Hon. Philip w. Buchen Counsel to the President The White House Washington, D.C. 20500

. Silberman

WHEREAS, Gerald R. Ford, President o f lhe United States ,

has determined and informed his Coun~el:that the due·

administration of justice and the public interest require t.hu.t ,.

·the Special Prosecutor have prompt D.nd effective use of those


in the White Ho'use complex that are relevant and important to

ongoin~ criminal investigations and prosecution3 within the

Special Prosecu~or's jurisdiction; and

WHERE?~S, this Agreement, if implemented, ·would accommodate

the needs of the Special Prosecutor with resp~ct to such

materials;

NOW , THEREFORE, the undersigned have agreed as follows:


.to the President specifying those materials that he has reason

to believe are relevant to specified criminal invest~gations or

prosecutions within the Special Prosecutor ' s jurisdiction and


and fajr resolution of those investigations and prosecutions



a. Documents

1. Where files are organized by subject matter, only those files may be exa1, i ried which, because of their titles, may contain documents r8levant to these specified investigetions and prosecutions.

2. Where fj_) es are or-qAn.i7:~d th.:!t , -tio!"1 c'· ::.~ , Lt.~ c~~., <.!ri·1g to the rPqu'2st_ m<:!y !.:-c 8:~a.r:d 1.ed .

chronol~qicalJy, on~v th2 ti. .e p8riod :Lt:'!1 cvc.:.1 •.

- 2 -3. Where no chronologic< 1 or subject lab0l is on a file, the file mc::.y b< examined t.o <lct.erm i ne wh:?~-,,..,~r the file contains rel€'Vd.nt materiu.ls.

4. In order to ussist .in these.searches, the Special .Pro--~cutor may rc:q est th2 assL;:;tance 01- :mLers of the archival staff assigned to the White house in

.making a list .of file titles or other inde~.

b. Tape Recordings: Only the ~ape recordings of conversations specified by letters according to the above procedures may be listened to.

2. The Special Prbsecutor shall.be allowed to make copies

of only those·tapes of conversations.and documents ~hat he

determines are relevant to criminal investigations or prosecutions

within his jurisdiction. Prior to the Special ~rosecutor receiv~ng

such copies, Counsel to the President may review the copies to . .

determine whether they may not be disclosed for.reasons of

.natior..al security . The· originals of any. tapes and document~,

copies of which are provided to the Special Prosecutor, shall

be retained· and, if necessary for a criminal proceeding, will

be given to the Special Prose·cutor for such proceeding· in exchange .·

f~r the copies .

3. Richard M. Nixon or his attorney or desi;gnated age1!_t·

shall be given hotice of, and raay·b~ present during, searches .. ·-pursuant to this Agreemen,t. Ai"so, Mr . N_ixon or ~is attorney

or designated agent, shall be afforded access to and/or copies

of those tapes of conversation and documen~s for which the

Special Prosecutor is allowed copies. 'I'he Counsel to the

President also may designate individuals to be present durinq

these:! :..;earches.

/

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Disi..,,.i..cc 0£ Col· JL> Unit.··f S~ates Courlh' ·.::~e ': . , !! ~ . -. '- C YI 1 1) • c •

Jeffr~y F. ?..xelrad, Esq. Civil Division U. S. DeparD~ent of Justice Room 3527 \·:ashington, D. C. 20530

William A. Dobrovir, Esq. 2005 L Street, :'J'.,,. Washington, D. C. 20036

Robert E . Her~s in , Esq . Arnold & Porter 12 2 9 19 ~ h St.:.. :> t I f'< •

WashiPgton , D. C. 20036

Her~2r~ J . ~ill6~ , ~~., ~sq. Miller, Ca~sidy , Larroca & Lewin 1320 19th Str~et , N. Washington , D. C .

Jcihn H. F. Shattuck , Esc. "m::-:.r-ic~n c·vi l T~b0 -'-O:p- ·-,,.: r1 .r..J., t.:; __ c. i _ .w~ ._r ......... _s L --~o •. 22 East 40th Street New York , Kew York 10016

DEPUTY ATTORNEY GENERAL

WASHINGTON

November 9, 1974

Dear Phil:

Enclosed is a copy of the signed

Agreement.

Sincerely yourst

Hon. Philip W. Buchen Counsel to the President The White House Washington, D.C. 20500

. Silberman


has determined and informed his Coun~el:that the due·

administration of justice and· the public · interest req~ire ~hat

·the Special Prosecutor have prompt and effective use of those




Special Prosecu~or's jurisdiction; and

WHEREAS, this Agreement, if implemented, ·would accommodate


materials;

NOW , THEREFORE, the undersigned have agreed as follows:



to believe are relevant to specified criminal invest~gations or



and fair resolution of those investigations and prosecutibns,



a. Documents

1. Where files are organized by subject matter, only those files may be examined which, because of their titles, may contain documents relevant to these specified investig&tions and prosecutions.

2. Where files are organized chronoiogically, only that postion of the file cove=i~g the time period relevdr.t to the r0qu0st may be examined.

2

3 .. Where no chronological or subject label is on a file, the file may be examined to determine whether the file contains relevant materials.

4. In order to assist in these. searches, the Special .Prosecutor may request the assistance of members of the archival staff assigned to the White House in making a list .of file titles or other index.


2. The Special Prosecutor shall.be allowed to make copies

of only those·tapes of conversations.arid documents that he

determines are relevant to criminai investigations or prosecutions

within his jurisdiction • . Prior to the Special ~rosecutor receiv~ng

such copies, Counsel to the President may review the copies to

determine whether they may not be disclosed for.reasons of

national security. The· originals of any. tapes and documents,

copies of which are provided to the Special Prosecutor, shall

be ~etained· and, if necessary for a criminal proceeding, will

be given to the Special Prosecutor for such proceeding· in exchange

f<:?r the copies. '!

3. Richard .M. Nixon or his attorney or desi;gnated age~t

shall be given hotice of, arid may·b~ present during, searches . . ·. . . pursuant to this Agreeme~t. Ai:so, Mr. N.ixon or ~is attorn~y

or designated agent, shall be afforded access to and/or copies

of those tapes of conversation and documen~s for which the

Special Prosecutor is allowed copies. The Counsel to the

President also may designate individuals to be present during

these searches. c·

...

3 -

4. No Presidential materials shall be +emoved to. locations i~ Washington, D •. C. other tpan the White House



outside of the District of Columbia without an indication .

from ~he Special p·r~secutor t "'t:. ·he has no further need for

to modify, if necessary, the temporary restraining order as

now outstanding in Civil Action number 74-1518 and in

.·. consolidated cases. in the United States District :Coul;'t for

t~e Dist~ict o'f Columbia to. permit implementation of this

Agreement~

. .

if~;_yf1~_-f_ rlt1LiwL_ I b.11 · W •. Buchen . Coun.sel to the Pr7'--dent .. .

/! ·· ': I_/ · If • • ~ G . .,.-- f{ '"-- /. -. ",. • ~- •. 1' ""'''""" .''• v- l. """'• . I _.....____ . . --~ ;--:-~----

Arthur F. Sam· son / . . . . T ..... Administrate/ of Gefueral Ser~~ce~

k\~~·t_ ~-~--'~~ __ · t·b._, __ .!!_: '? -''1;1 H. Stuart Knight Director, United States Secret

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Service \ . . '.

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---·------Henry s. Ruth, Jr. Special Prosecutor . Watergate Special Prosecution Force

WA-.t:RGATE SPECIAL PROSECUTION FO!tCE United States Department of Justice

1425 K Street, N. W. Washington, D.C. 20005

Philip W. Buchen, Esq. Counsel to the President The White House Washington, D.C.

Dear Mr. Buchen;

November 9, 1974

In light of the agreement signed yesterday and today by

Messrs. Buchen, Sampson, Knight and myself, this office hereby

withdraws the eight grand jury subpoenas served upon you. As

you recall, we had extended the original return dates of these

subpoenas until November 22, 1974.

~:tl!lJR. Special Prosecutor

cc: Herbert J. Miller, Jr.

•

DRAFT 11/l1 /74

PRESS STATEMENT

The Department of Justice in behalf of the Federal defendants

and the Special Prosecutor have today filed a joint motion in

October 17, 1974, the case brought /oy former President Richard M. Nixon before

Judge Charles R. Richey in the United States District Court for

the District of Columbia. The Federal defendants who have

been sued by the former President are Arthur F. Sampson as

Administrator of General Services Administration, Philip W.

Buchen as Counsel to the President, and H. Stuart Knight as

Director of the Secret Service.

into The joint motion discloses that these defendants have entered/an

agreement with the Special Prosecutor and that it was made follow-

ing a determination by President Ford that the due administration

of justice and the public interest require that the Special Prosecutor

have prompt and effective use of those Presidential materials 0£

the Nixon Administration now located in the White House complex

that are relevant and important to ongoing criminal investigations

and prosecutions within the Special Prosecutor's jurisdiction.

•

-2-

The Agreement further states that, if implemented, it would

accommodate the needs of the Special Prosecutor with respect

to such materials. The Agreement has no effect on any of the

Nixon materials which are not needed for that purpose, and it

does not purport to resolve the issues raised by the former

President in his complaint or by other parties claiming an

interest in the materials for other purposes.

Under the present Administration, the Special Prosecutor has

heretofore been provided with portions of the materials as. he has

needed them for ongoing criminal prosecutions by the United

States, and searches of the materials have been underway to

provide additional materials which were requested of Counsel

to the President by the Special Prosecutor for his ongoing

criminal investigations. These searches have since October 22,

1974, been conducted subject to the Temporary Restraining Orders

of the Court which were issued after application for a Thmporary

Restraining Order had been made by attorneys for Plaintiff Nixon

in the pre sent suit.

/

-3-

The purposes and effect of the new agreement between the Federal

defendants in the Nixon suit and the Special Prosecutor, if it

can be implemented, are set forth in the joint motion of such

parties and supporting documents as filed in the Court. Gopie s

of the motion and documents are available to the press at the

Department of Justice.

FOR IMMEDIATE RELEASE NOVEMBER 11,, 1974

Office of the White House Press Secretary

-------------------------------·-- --------------------------------------THE WHITE HOUSE

STATEMENT BY THE PRESS SECRETARY

The Department of Justice acting on behalf of Federal officials sued by former President Nixon and the Special Prosecutor, have today filed a joint motion in the case which was brought October 17, 1974 before Judge Charles R. Richey in the United States District Court for theDistrict of Columbia .. The Federal officials are Arthur F. Sarrpso.n, Administrator of General Services Administration; Philip W. Buchen, Counsel to the President; and H. Stuart Knight, Director of the Secret Service.

The joint motion states that these defendants have entered into an agreement with the Special Prosecutor and that it was made as a consequence of President Ford's determination that the due administration of justice and the public interest require that the Special Prosecutor have prompt and effective use of those Presidential materials of the Nixon AdII"J.nistration now located in the 'White House complex that are relevant and important to ongoing. crizr..inal investigations and prosecutions within the Special Prosecutor• s jurisdiction.

The Agreement further states that. if implemented, it would accommodate the needs of the Special Prosecutor with respect to such materials. The Agreement has no effect on any of the Nixon materials which are not needed for that purpose, and it does not purport to resolve the issues raised by the former President in his complaint or by other parties claiming an interest in the materials· for other purposes.

Under the Ford Administration, the Special Prosecutor has heretofore been provided with materials as he has needed them for ongoing criminal prosecutions by the United States, and searches of the files have been underway to provide additional materials which were requested of Counsel to the President by the Special Prosecutor for his ongoing criminal investigation.

These searches have, since October 22, 1974, been conducted subject to the Temporary Restraining Orders of the Court which were issued after application for a Temporary Restraining Order had been made by attorneys for the former President.

The purpose and effect of the new agreement between the Federal defendants in the Nixon suit and the Special Prosecutor, if it can be implen:ented, are set forth in the joint motion of the parties and supporting documents as filed· in the Court. Copies of the .motion and documents are available at the Department of Justice.

THE 'NHlTE HOUSE

WASHINGTON

November 12, 1974

MEMORANDUM FOR: PHIL BUCHEN 1',

FROlv1: ·G

KEN LAZARUS \v

SUBJECT: Request From Special Prosecutor

Last night I received a call from Phil Fox of Hank Ruth's office. He stated that, incident to an investigation he is conducting, it is important for him to have information possibly contained in a White House appointment record covering July 17, 1972. On that date, a White House Staff Assistant (William ·Maramoto) was visited around noon by two men (David Wimer and Leveo Sanchez). Fox's need is to deter.mine which of the two visitors arrived first. I assume this information would be contained in the EPS appointment logs covering the relevant date.

Fox asked for a response to his inquiry today if possible.

THE WHITE HOUSE

WASHINGTON

November 12, 1974

MEMORANDUM FOR: PHIL BUCHEN

FROM:

,-, • .\,,L....

KEN LAZAR US \u

SUBJECT: Request From Special Prosecutor

Last night I received a call from Phi.1 Fox of Hank Ruth's office. He stated that, incident to an investigation he is conducting, it is important for him to have information possibly contained in a White House appointment record covering July 17, 1972. On that date, a White House Staff Assistant {William ·Maramoto) was visited around noon by two men (David Wimer and Leveo Sanchez). Fox's need is to deter.mine which of the two visitors arrived first. I assu.me this infor.mation would be contained in the EPS appointment logs covering the relevant date.

Fox asked for a response to his inquiry today if possible.

I!,"'.'\ vr-;




Dear Mr. Buchen:

November 13, 1974

The Special Prosecutor's Office requests copies

of the entry records maintained by the security force

at the Executive Office Building that reflect the

entries in that building by Leveo Sanchez and David Wimer

on July 17, 1972. These records are required for a

grand jury investigation within the jurisdiction of

this office.

Wr\TERGATE SPECIAL PROSECUTION FOl{CI. United State~ Department of Justice

1425 K Stred, N. W. Washington, D.C. 20005


Dear Mr. Buchen:

November 13, 1974

The Special Prosecutor's Office requests copies

of the entry records maintained by the security force

at the Executive Office Building that reflect the

entries in that building by Leveo Sanchez and David Wimer

on July 17, 1972. These records are required for a

grand jury investigation within the jurisdiction of

this office.

.·i~~ ··-.

THE WHITE H OUSE

VI.' A S H I N C.. 0 '"

November 13, 1974

Dear .ivlr. Ruth:

This is in response to your letter to me of November 13~ 1974, in which you requested copies of the entry records maintained by the Executive Protective Service for the V\'hite House complex reflecting entries by Leveo Sanchez and David Wimer on July 17, 1972. I have enclosed a copy of the two cards reflecting such entries.


Sincerely,

<f.4:~ C ounsel to the President

Honorable Henry S . Ruth, Jr., Esquire Special Prosecutor Watergate Special Prosecution Force Department of Justice 1425 K Street, N . W . Washington, D . C . 20005

EPS·21A

UNITED STATES SECRC:T SERVIC::E A PF'OIN P·1ENT RECORD

EXECUTIVE PROTECTIVE SERVICE

UNITED STATES SECRET SERVICE APPOINTMENT RECORD


LAST FIRST MIDDLE

S.f~~ \\ C i-l Ez· LE VEO R~r.u~ST/17 ) 1 ·y 3°~· r 7-l/~ 7 ~ Tr~DD

AGEW 1-1 Tl\~\ D

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THE WHITE HOUSE

WASHINGTON

November 13, 1974

Dear Mr. Ruth:

This is in response to your letter to me of November 13, 1974, in which you requested copies of the entry records maintained by the Executive Protective Service for the White House complex reflecting entries by Leveo Sanchez and David Wimer on July 17, 1972. I have enclosed a copy of the two cards reflecting such entries.


Sincerely,

~4:~ Counsel to the President

Honorable Henry S. Ruth, Jr., Esquire Special Prosecutor Watergate Special Prosecution Force Department of Justice 1425 K Street, N. W. Washington, D. C. 20005

--

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'CPS·2 1A

EPS·21A

UNITED STATES SECRET SERVICE APPO I N M ENT RECORD

EXECUTIVE P ROTECTIVE SERVICE

UNITED STATES S E CRET SERVICE APPOINTMENT RECORD


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Memorandum for ....___,,.! Record

From: Barry N. Roth

November 13, 1974

At the request of Peter Kreindler, Watergate Special Prosecution Force. I arranged for Jeanne Davis, Staff Secretary of the National Security Council, to speak to Rich Davis and Ken Geller of the Prosecutor's office. Additionally, Jeffrey Axelrad, Department of Justice, and I were on the phone for the conversation.

Q. (Rich Davis} Can you explain which National Security Council papers Presidents have traditionally taken with them once they have left office, and which are the so-called "institutional files 11 that have remained behind?

A. (Jeanne Davis) The NSC has traditionally been supervised by an assistant to the President who served two roles. One role relates specifically to the NSC as an ongoing organization, the other role is that of an assistant to the President dealing with National Security matters. Basically, rthe distinction is one of whether the materials involved relate to the ongoing operations of the NSC, including NSC meetings, or whether they represent advice to the President which is separate from the NSC structure. For example, in connection with NSC meetings, originals of memos prepared for the President and records of those meetings stay with the. NSC in Washington whilecopies are frequently sent to :the Library. On the other hand, a memo from the assistant to the President for National Security Affairs would be considered a Presidential material unless it relates specifically to an NSC meeting.

Q. {Geller) ¥.11.at are the so-called 11PAF" papers, and which are the so-called "institutional" papers?

A. (Jeanne Davis) PAF stands for Presidential Assistant Files and they are the latter category ref erred to above. The institutional files are namely those dealing with the NSC as an ongoing ope rational entitity.

/

/ t

Shortly after this phoite call concluded, I returned to tny desk and was called by Ken Geller who stated he had neglected to clarify one particular point, namely, which files are the ones that have traditionally remained behind for one year before being sent to the Library. Indicating that! was not sure of the answer myself, I agreed to check into it without necessitating another phone call to Jeanne Davis with all parties. Jack Murphy of the NSC staff explained to me that in the case of both Kennedy and Johnson, an agreement was reached by the principals concerned to leave behind for one year Presidential materials stored by the NSC. After one year they were shipped to the Library. I explained this to Geller and he appeared satisfied and had no further questions.. ·

~: ......................................... ............ Ill /

-Memorandum for the Record

From: Barry N. Roth

November 13, 1974

At the request of Peter Kreindler, Watergate Special Prosecution Force, I arranged for Jeanne Davis, Staff Secretary of the National Security Council, to speak to Rich Davis and Ken Geller of the Prosecutor's office. Additionally, Jeffrey Axelrad, Department of Justice, and I were on the phone for the conversation.

Q. (Rich Davis) Can you explain which National Security Council papers Presidents have traditionally taken with them once they have left office, and which are the so-called "institutional files" that have remained behind?

~ (Jeanne Davis) The NSC has traditionally been supervised by an assistant to the President who served two roles. One role relates specifically to the NSC as an ongoing organization, the other role is that of an assistant to the President dealing with. National Security matters. Basically, rth.e distinction is one of wheth.er th.e materials involved relate to the ongoing operations of the NSC, including NSC meetings~ or wheth.er th.ey represent advice to the President which is separate from the NSC structure. For example, in connection with NSC meetings, originals of memos prepared for the President and records of those meetings stay with. the NSC in Washington whilecopies are frequently sent to '.th.e Library. On the 0th.er hand, a memo from th.e assistant to th.e President for National Security Affairs would be considered a Presidential material unless it relates specifically to an NSC meeting •

.Q:. (Geller) What are the so-called "PAF" papers, and which are the so-called "institutional" papers?

A. (Jeanne Davis) PAF stands for Presidential Assistant Files and th.ey are the latter category referred to above. The institutional files are namely those dealing with the NSC as an ongoing operational entitity.

(

2

Shortly after this phone call concluded, I returned to my desk and was called by Ken Geller who stated he had neglected to clarify one particular point, namely, which files are the ones that have traditionally remained behind for one year before being sent to the Library. Indicating that I was not sure of the answer myself, I agreed to check into it without necessitating another phone call to Jeanne Davis with all parties. Jack Murphy of the NSC staff explained to me that in the case of both Kennedy and Johnson, an agreement was reached by the principals concerned to leave behind for one year Presidential materials stored by the NSC. After one year they were shipped to the Library. I explained this to Geller and he appeared satisfied and had no further questions.

UNITED STATES OF AMERICA

C: \JERAL SERVICES ADMINISTRA- }N WASHINGTON, DC 2040:>

NOV 15 ~g74

:M.r.. Peter M. l":reindler Counsel to the Special Prosecutor Viatcr;atc Special Prosecution Force Uni.ted States Department of J.ustice 1425 K Street, NW VrashingtOll, DC 20005

Dear Mr. Kreindler:

This is in reply to your letter of November 4, 1974, relative to materials under the control of the General Services .Administration and subject to a temporary restraining order issued by Judge Richey on October 21, 1974. You requested that, in· order to facilitate searches for both tapes and documents in the custody of the Secret Service, copies of certain materials in the custody of General Services Administration be transferred to the control of the Secret Service, subject to the restrictions of the temporary restrainin~ order. You state that the items necessary fo:r copying would be designated by counsel for Mr. Nixon and representatives of Mr. Buchen, and that counsel for each of the parties in the action before Judge Richey have informed you that they have no objection to General Services Administration's complying with the request.

I have considered your request and find that use of the documents as you propose can properly be considered as being necessary for the purpose of timely compliance with the p~ovisions of the order. Copying the docu.-nents and placing the copies in the control of the Secret Service, is not specifically provided for in the order; however, I have verified that the proposed procedul·e.has been comn1unicated to counsel to all the parties in the action before Judge Richey and each has stated no objection.

On the bas is of the above,. I have advised Mr. Wolf to take immediate steps to comply with your request, and to include appropriate provisions in the General Services Administration access procedures.

Sincerely,

Artlr~r F. Sampson Administrator

Keep Freedom in Tour Future With U.S. Savings Bonds

/

2

cc: Honorable Charles R. Richey United States District Judge District of Columbia United States Courthouse Vlashington, DC

Jeffrey F • .Axelrad, Esq. Civil Division U. s. Department of Justice Room 3627 Washington, DC 20530

William A. Dobrovir, Esq. 2 005 L Street, NW \Vaahington, DC 20036

Robert E. Herzstein, Esq. Arnold & Porter 1229 19th Street, NW W'uehington, DC 20036

Herbert J. Miller, Jr., Esq. M.iller, Cassidy, Larroca & Lewin

.1320 19th Street, NW Washington, DC 20036

John H. F . Shattuck, Esq. American Civil Liberties Union 22 East 40th Street New York, New York 10016

ii !

. . ,. .

..

•


Mr. Arthur F. Sampson Acl.'ninistrator


November 4, 1974

General Services Administ~ation Washington, D. C. ·

Attention: Mr. Thomas P. Wolf Special Assistant to the Administrator

Dear Mr. Sampson:

As you are aware, counsel for former President Nixon and representatives of Mr. Buchen are now engaged in a search for materials relev~nt to investigations within the jurisdiction of the Special Prosecutor. Although most of the materials that are being searched are now in the custody of the Secret Service, some of the materials are within your custody. In part~cular, it is our understanding that General Services Administration, under the supervision of Thomas Wolf, has within its controi · the daily diaries of Mr. Nixon and other materials that may facilitate searches of both the tapes and documents in the custody of the Secret Service.

In order to · increase the efficiency of searches, it would be helpful if copies of certain materials within your custody could be made and then transferred to the control of the Secret Service, subject to the restrictions of the temporary restraining order issued by Judge Richey on October 22, 1974. The items necessary for copying would be designated by counsel for Mr. Nixon and representatives of Mr. ·suchen; and the copies would remain in the control of the Secret Service until such time as they were no longer needed for purposes of making searches pursuant to the temporary restraining order. They then would be returned to your custody.

I have spoken with counsel for each of the parties in the action before Judge Richey, and each has informed me that he has no objection to your complying with this request.

Your cooperation in this matter will be appreciated.

Sincerely, ~ ~

o~· r.,,. )~.:.~~ ~, PETER M. KREINDLER Counsel to the Special Prosecutor

Mr. Arthur F. Sampson November 4, 1974 Pag~ 2

cc: Honorable Charles R. Richey United States District Judge District of Columbia United States Courthou'se Washington, D. C.

Jeffrey F. Axelrad, Esq. Civil Division

. u. s. Department of Justice Room 3627

-

Washington, D. C. 20530

William A. Dobrqyir, Esq. 2005 L Street, N.W. Washington, D. c. 20036

~obert E. Herzstein, Esq. Arnold & Porter 1229 19th Street, N.W. Washington, D. c. 20036

Herbert J. Miller, Jr., Esq. Miller, Cassidy, Larroca & Lewin 1320 19th Street, N.W. Washington, D. C.

·John H. F. Shattuck, Esq. American Civil Liberties Union 22 East 40th Street New York, New York 10016

Honorable Philip Buchen Cow' ~1 to the President

"- UNITED STATES OF AMERICA

GENERAL SERVICES ADMI NISTRATION WASHINGTON, DC 20405

NOV 151974

Mr. Peter M. Kreindler Counsel to the Special Prosec11tor Watergate Special Prosecution Force United States Department of J.ustice 1425 K Street, NW Washington, DC 20005

Dear Mr. Krelndler:

This is in reply to your letter of November 4, 1974, relative to materials under the control of the General Services .Administration and subject to a temporary restraining order issued by Judge R ichey on October 21, 1974. You requested that, in· order to facilitate searches for both tapes and documents in the custody of the Secret Service, copies of certain materials in the custody of General Services Administration be transferred to the control of the Secret Service, subject to the restrictions of the temporary restraining order. You state that the items necessary for copying would be designated by counsel for M r . Nixon and representatives of Mr. Buchen, and that counsel for each of the parties in the action before Judge Richey have informed you that they have no objection to General Services Adminis tration's complying with the request.

I have considered your request and find that use of the documents as you propose can properly be considered as being necessary for the purpose of timely compliance with the provisions of the order. Copying the documents and placing the copies in the control of the Secret Service, is not specifically provided for in the order; however, I have verified that the proposed procedure .has been communicated to counsel to all the parties in the action before Judge R ichey and each has stated no objection.

On the basis of the above, I have a dvised Mr . Wolf to take immediate steps to comply with your request, and to include appropriate provisions in the General Services Administration access procedures.

Sincerely,

Arthur F. Sampson .Administrator

Keep Freedom in rour Future With U.S. Savings Bonds

2

cc: Honorable Charles R . Richey United States District Judge District of Columbia United States Courthouse Washington, DC

Jeffrey F . Axelrad, Esq. Civil Division U. s . Department of Justice Room 3627 Washington, DC 20530

William A . Dobrovir, Esq. · ZOOS L Street, NW Washington, DC Z0036

Robert E . Herzstein, Esq. Arnold & Porter 122 9 19th Street, NW Washington, DC 20036

Herbert J . Miller, Jr., Esq. Miller, Cassidy, Larroca &: Lewin 1320 19th Street, NW Washington, DC 20036

John H. F . Shattuck, Esq. American Civil Lib~rtles Union 22 East 40th Street New York, New York 10016

.. • •


Mr. Arthur F. Sampson Administrator


November 4, · 1974

General Services Administ~ation Washington, D. C. ·

Attention: Mr. Thomas P. Wolf Special Assistant to the Administrator

Dear Mr. Sampson:

As you are aware, counsel for former President Nixon and representatives of Mr. Buchen are now engaged in a search for materials relevc:tnt to investigations within the jurisdiction of the Special Prosecutor. Although most of the materials that are being searched are now in the custody of the Secret Service, some of the materials are within your custody. In particular, it is our understanding that General Services Administration, under the supervision of Thomas Wolf, has within its controi the daily diaries of Mr. Nixon and other materials that may facilitate searches of both the tapes and documents in the custody of the Secret Service.

In order to.increase the efficiency of searches, it would be helpful if copies of certain materials within your custody could be made and then transferred to the control of the Secret Service, subject to the restrictions of the temporary restraining order issued by Judge Richey on October 22, 1974. The items necessary for copying would be designated by counsel for Mr. Nixon and representatives of Mr. ·Buchen1 and the copies would remain in the control of the Secret Service until such time as they were no longer needed for purposes of making searches pursuant to the temporary restraining order. They then would be returned to your custody.

I have spoken with counsel for each of the parties in the action before Judge Richey, and each has informed me that he has no objection to your complying with this request.

Your coopera·tion in this matter will be appreciated. i""~·~· •.

Sincerely, ~ "' f. ~ ;·

o~· }v:. )" .. ~ .; PETER M. KREINDLER Counsel to the Special Prosecutor

Mr. Arthur F. Sampson November 4, 1974 .. Page 2 ·

..... .,....__ ... ~_, _____ _

cc: Honorable Charles R. Richey United States District Judge District of Columbia United states Courthou!;e Washington, D. C.

Jeffrey F. Axelrad, Esq. Civil Division u. s. Department of Justice Room 3627 Washington, D. c. 20530

William A. Dobrqvir, Esq. 2005 L Street, N;w. Washington, D. c. 20036

~obert E. Herzstein, Esq. Arnold & Porter 1229 19th Street, N.W. Washington, D. c. 20036

Herbert J. Miller, Jr., Esq. Miller, Cassidy, Larroca & Lewin 1320 19th Street, N.W. Washington, D. c.

·John H. F. Shattuck, Esq. American Civil Liberties Union 22 East 40th Street New York, New York 10016

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_ .J. I'.· t~rHorst: . St-:t--Wt.1& ufu.~! · ford/s Tough Tape Deal 1 ms ~;it;·'; RiclJ8rd N"ixon, his corollary deal with Nixon on the dis- ·

which so consumed ]?.resident Ford .dur~-- position of the tapes-. ·The latter, engi-in& bis (irst ·dilys. jn;,the White-1Iouse, neered between Ford's legal office and baa.~ given_way ~a more.dry-eyed ·Nixon 's lawyers, would have put an·; attitucfe • .- • , c ·, • ':f""XW"'-·•::.., Nixon records in.safekeeping for t~e_;;.,

IndiCative of the change is. Fcmi'snew-";' former president at a government stor· : · position on the Nixon tapes and. papers._ age facility near San Clemente. But., in

Undei:. the agreement just reached be- his· trusting way-;.~Ford:-let' the former:: · tween White H9use lawyers and the president·get:the-·better.'of him-oirboth w.,.t.,,. .. ,,,t ... c:nPr'faT nrosecutor. - Nixon '•h~ ... tinn-~ .. ;.tl -th'*''";;.-".,.'"'· n.-ant"i-'-

Some items in this folder were not digitized because it contains copyrighted

materials. Please contact the Gerald R. Ford Presidential Library for access to

these materials.

Dear Mr. Miller:

L--

THE WHITE HOUSE

WASHINGTON

November 20, 1974

Re: Hon. Ronald V. Dellums, et. al., v. James M. Powell, et. al., U.S. D. G.D. C. #2271- 71

At 12:00 noon today I was ordered by Judge William B. Bryant to produce for examination by the plaintiffs in the abovecaptioned action, by Wednesday, November 27, 1974, the materials set forth in Judge Bryant's Order of November 14, 1974. We shall promptly begin efforts directed towards compliance and your participation is invited in accordance with the provisions of Judge Richey's Order of October 21, 1974, as amended.

The schedule in searching for and providing such materials is as follows: .. 1. To locate and duplicate 11President Nixon's Daily Diarylf for May 1 through 5, 1971, starting at 9:30 a.m., November 21, 1974.

2. To locate and duplicate the following Presidential tape recordings, starting at noon, November 21, 1974:

White House telephone for April 20, 1971, to May 10, 1971; Oval Office for May 4, 1971, May 5, 1971, #1 & 2 Cabinet Room for April 21, 1971 through May 5,. 1971

3. To listen to such tapes for purposes of locating and making copies of the conversations covered by Judge Bryant's Order, starting at 9:30 a. m., November 22, 1974, and continuing over such hours and days as may be required to complete compliance with such Order before November 27, 1974.

/; .. -

2

You are invited to participate in the foregoing as you have in· other proceedings and to the extent you deem appropriate. However, on your failure to do so, we shall proceed to comply with Judge Bryant1 s Order.

Sincerely,

<L~~~ Counsel to the President

Herbert J. Miller, Jr., Esquire Miller, Cassidy, Larroca & Lewin 1320 Nineteenth Street, N. W. Washington, D. C. 20036

cc: Henry Ruth, Esquire Arthur F. Sampson H. S. Knight

Dear Mr. Miller:

THE WHITE HOUSE

WASHINGTON

November 20, 1974

Re: Hon. Ronald V. Dellums, et. al., v. James M. Powell, et. al., U.S.D.C.D.C. #2271-71

At 12:00 noon today I was ordered by Judge William B. Bryant to produce for examination by the plaintiffs in the abovecaptioned action, by Wednesday, November 27, 1974, the materials set forth in Judge Bryantr s Order of November 14, 1974. We shall promptly begin efforts directed towards compliance and your participation is invited in accordance with the provisions of Judge Richey's Order of October 21, 1974, as amended.

The schedule in searching for and providing such materials is as follows:

1. To locate and duplicate "President Nixon's Daily Diary 11

for May l through 5, 1971, starting at 9:30 a.m., November 21, 1974.

Z. To locate and duplicate the following Presidential tape recordings, starting at noon, November 21, 1974:

White House telephone for April 20, 1971, to May 10, 1971; Oval Office for May 4, 1971, May 5, 1971, #1 & 2 Cabinet Room for April 21, 1971 through May 5, 1971

3. To listen to such tapes for purposes of locating and making copies of the conversations covered by Judge Bryantr s Order, starting at 9:30 a. m., November 22, 1974, and continuing over such hours and days as may be required to complete compliance with such Order before November 27, 1974.

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2

You are invited to participate in the foregoing as you have in other proceedings and to the extent you deem appropriate. However, on your failure to do so, we shall proceed to comply with Judge Bryantrs Order.

Sincerely,

<(~~ Counsel to the President

Herbert J. Miller, Jr., Esquire Miller, Cassidy, Larroca &: Lewin 1320 Nineteenth Street, N. W. Washington, D. C. 20036

cc: Henry Ruth,, Esquire Arthur F. Sampson H. S. Knight

. THE WHITE HOUSE .... , .. WASHINGTON

December 24, 1974

MEMORANDUM FOR: General Lawrence E. Adams White House Communications Agency

.. This will confirm your recent telephone conversation with Mr. Barry Roth of this office regarding a request from the Watergate Special Prosecution Force for any records of telephone calls in the possession of your agency made by Mr. John D. Ehrlichman, Mr. Edward L. Morgan, or Mr. Herbert Kalmbach, from September 1, 1969, through June 1, 1970.

I would appreciate your sending me copies of any records your agency might have of telephone calls for these individuals during this period in order that I can provide them to the Special Prosecutor.

Your assistance is appreciated.

~· William E. Casselman II Counsel to the President


1425 K Street. N.W. Washington, D.C. 20005

Philip W. Buchen, Esq. Counsel to the President The White House Washington, D.C. 20500

Dear Mr. Buchen:

December 26, 1974

The Special Prosecutor's Office requests copies of the entry records maintained by the security force at the Executive Office Building that reflect the entries to the White House and/or Executive Office Building and/or reflect the person(s) being visited:

(a} From July 1, 1972, to July 31, 1972, by Marjorie Neenan;

(b} On.May 6, 1969, on September 3, 1969, from October 5, 1969, to October 8, 1969, from January 7, 1970, to January 10, 1970, from March 1, 1970, to March 4, 1970, from April 1, 1970, to April 3, 1970, from April 9, 1970, to April 10, 1970, from May 22, 1973, to May 24, 1973, from January 17, 1974, to January 19, 1974, from March 30, 1974, to April 1, 1974, and from July 12, 1974, to July 15, 1974, by Mr. Frank DeMarco, Jr.;

(c) From April 6, 1969, to April 11, 1969, from June .19, 1969, to June 22, 1969, on July 7, 1969, and on July 8, 1969, from November 3, 1969, to November 4, 1969, from November 15, 1969, to November 22, 1969, from December 8, 1969, to December 14, 1969, from January 23, 1970, to January 27, 1970, from February 22, 1970, to February 28, 1970, from May 3, 1970, to May 4, 1970, from July 19, 1970, to July 22, 1970, from August 1, 1973, to August 4, 1973, and from January 16, 1974, to January 18, 1974, by Mr. Ralph G. Newman;

- 2 -

(d) On May 6, 1969, on September 3, 1969, on September 25, 1969, on September 26, 1969, from January 1, 1970, to January 10, 1970, from April 1, 1970, to April 4, 1970, and from April 9, 1970, to April 12, 1970, by Mr. Herbert W. Kalmbach~ and

(e) On July 16, 1969, July 17, 1969, and,July 29, 1969, from August 10 to August 15, 1969, on September 25, 1969, on September 26, 1969, from October 5, 1969, to October 8, 1969, on October 27, 1969, on October 28, 1969, on November 7, 1969, from November 10, 1969, to November 12, 1969, from December 3, 1969, to December 5, 1969, from April 1, 1970, to April 15, 1970, and from May 15, 1973, to June 2, 1973, by Roger V. Barth.

Those records are required for grand jury investigations within the juri~dictian of this Office.

incerely,

/!J2, RY S. RUTH, JR.

ecial Prosecutor



Philip W. Buchen, Esq. Counsel to the President The White House Washington, D.C. 20500

Dear Mr. Buchen:

December 26, 1974

The Special Prosecutor's Office requests copies of the entry records maintained by the security force at the Executive Office Building that reflect the entries to the White House and/or Executive Office Building and/or reflect the person(s) being visited:

(a) From July 1, 1972, to July 31, 1972, by Marjorie Neenan;

(b) On May 6, 1969, on September 3, 1969, from October 5, 1969, to October 8, 1969, from January 7, 1970, to January 10, 1970, from March 1, 1970, to March 4, 1970, from April 1, 1970, to April 3, 1970, from April 9, 1970, to April 10, 1970, from May 22, 1973, to May 24, 1973, from January 17, 1974, to January 19, 1974, from March 30, 1974, to April 1, 1974, and from July 12, 1974, to July 15, 1974, by Mr. Frank DeMarco, Jr.;

(c) From April 6, 1969, to April 11, 1969, from June 19, 1969, to June 22, 1969, on July 7, 1969, and on July 8, 1969, from Nmrember 3, 1969, to November 4, 1969, from November 15, 1969, to November 22, 1969, from December 8, 1969, to December 14, 1969, from January 23, 1970, to January 27, 1970, from February 22, 1970, to February 28, 1970, from May 3, 1970, to May 4, 1970, from July 19, 1970, to July 22, 1970, from August 1, 1973, to August 4, 1973, and from January 16, 1974, to January 18, 1974, by Mr. Ralph G. Newman; /'<fitfJ<,~

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- 2 -

(d) On May 6, 1969, on September 3, 1969, on September 25, 1969, on September 26, 1969, from January 1, 1970, to January 10, 1970, from April 1, 1970, to April 4, 1970, and from April 9, 1970, to April 12, 1970, by Mr. Herbert W. Kalmbach: and

(e) On July 16, 1969, July 17, 1969, and July 29, 1969, from August 10 to August 15, 1969, on September 25, 1969, on September 26, 1969, from October 5, 1969, to October 8, 1969, on October 27, 1969, on October 28, 1969, on November 7, 1969, from November 10, 1969, to November 12, 1969, from December 3, 1969, to December 5, 1969, from April 1, 1970, to April 15, 1970, and from May 15, 1973, to June 2, 1973, by Roger V. Barth.

Those records are required for grand jury investigations within the jurisdiction of this Office.

incerely,

m RY S. RUTH, JR.

ecial Prosecutor

. , .. THE WHITE HOUSE

WASHINGTON

December 30, 1974

Dear 1-.f!". Horowitz: ..

This is response to a telephone request by Mr. Hecht of your office to Mr. Ro.th of my office on December 12, 1974, for any records of telephone calls in the possession of the 'White House Communications Agency (WHCA) made by Messrs. Ehrlidunan, Morgan, or Kalmbach for the period of September 1, 1969, to June 1, 1970. Enclosed are the telephone billing records for Mr. Ehrlichman and Mr. Morgan for ~he subject period.

The White House Telephone Directory for subject period lists 456-2331 for Mr. Ehrlichman and 456-2237 for Mr. Morgan. WHCA advises that there is a possibility that additional long distance calls would have been placed by these persons over their Signal or Admin (WH) manual stations. There would be no record of calls placed in this manner as they are charged to respective switchboard numbers (Signal 395-2000; Admin 456-1414).

Mr. Kalmbach had no listed White House telephone· service for the subject period. However, WHCA advises that he may have had a Signal line in his Los Angeles and/ or Newport Beach offices. This is still being checked.by WHCA and we will advise you accordingly.

Mr. Ehrlichman had Bell SystE?m Credit Card #150-9878-032; however, no calls were placed with this card during subject period. Mr. Morgan and Mr. Kalmbach were not issued Bell System Credit Cards.

...

.,,41. 2

Please let me know if you require any additional iniormation.

Sincerely,

0 l<Afi{ ~(fl-William E. Gas selman II Counsel to the President

The Honorable Jay Horowitz Assistant Special Prosecutor Watergate Special Prosecution Force Department of Justice 1425 K Street, Northwest Washington, D. C. 20005