The original documents are located in Box 61, folder “Special Prosecutor (3)” 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 61 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
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J. Fred 3uzhardt, Esq. Cou.~s:l to the President The White House Washington, D.C. Dear Mr. Buzhardt:
In ray letter to you earlier today I mentio~ed that t,.;e would furnish to you a tentative list o:E itera3 understood to be in the Presicential files of former President !Jixon which we intend. to seek as involving evidence relevant to pending investigations. 'l'he enclosed schedules are tentative, and by no mea:.""ls final or exhaustive and are designed primarily to provide you with an awareness of th.: categories of information contained in those files that are relevant to matters under ou= juri scicticn.
<4~~~~ Philip A. ~acovara Co u~sel to the S p~ci~ l Prosacutor
En clo su.:: ~ (...... ·' D '
(1) Any lean, girt or o~her tr~ns~2r of f~~tlJ or
.:· ._a_ or pe:!'."son_al prop2rty be :. ..v.2en Cha.rles G. R~!.Jo -::.o and
:.:.chard i'.L :·~ixon , .Mrs. P.:l~ricie R. ~ixon, Julie t-~b:~n 1:isenhower, Patricia Nixon Cox, F. Donald Nixon, Edward C.
~;1.xon and Rose Mary Woods.
(2) Any solicitation, receipt, storage, transmittal,
or disburse~ent of political campaign contributions or pay-
ments of any kind to or by Charles G. Rebozo including but not limited to any payment fron any of the following person3
or his representative: Howard R. Hughes, A. D. Davis, J. E.
D~vis, J. P. Getty, James Crosby, I. G. Davis.
(3) Any acquisition, improvement, repair, maintenance,
alteration, or extension by or at~the instance of Charles G. Rebozo of any real property in which Richard M. Nixon holds or held a substantial owner.ship interest, including but not
limited to any instructi-:m c;iven by Richard M. Nixon or his
agent or representative to Charles G. Re~ozo and any report
frqm Ch~rles G. Rebozo or his age!17. o.r represen·~atb;e directly
or indirectly to Richard H~ Nixon concerning any such tra:i..z-.
..'ction .
/ eirec~ion of or for the b~nef~t of Rich~=d M- 1~i :on or , ny
• .L :member of his family , or any agent, friend o.,. including, but not limited to investments in re~l ~sta~e, certificates of deposit, precious gems or metals, ~nd currency, anywhere, including but not limited to the United States, Janaica, the Bc.ha.:::13.S, Swit22z:-lc.nd, and Canad.a. (5) Any governmental action, decision, plan or proposal involving known interests of Howard R. Hughes, A. D. Davis, or J. E. Davis. (6) The milk price support decisions announced March 12 and March 25, 1971; the com.-;iencenent, p:;:osecu:tion, or a~tempted settlement of an·antitrust suit commenced by the Department of Justice against the Associated Milk Producers, Inc.; and, contributions received,or expected to be received from the Associated Milk Producers, Inc., includirig but not limited to any and all notes, records, diary entries, or tapes relating to~ - a. A meeting betwe2n John B . . Connally and President Richard. M. Nixon beginning on or about 2:30 p.m. on March 16, 1971~ b. A telephone conversation between John B. Connally and President Richard M. Nixon beginning on or about 11 : ~5 e. . m. on .March 1) 1 .971; / -· c. A ne;:!ting b2b;een John B. Connally and President Richard 1-1. Nixon beginning on or about 6: 20 p.m. on Harch 18, 1971; d. A telephone conversation between President Richard f.1 . Nixon and John B. Connally on March 20, 1971; e. A telephone con--rersation between John B. Connally and President Richard M. Nixon on March 22 , 1971; f. A meeting among President Richard M. Nixon, John Ehrl.ichinan, John B. Connally! Cliff~rd Hardin, John \fnitaker, George Shultz, J. Phil Campbell and Donald Rice on ~arch 23, 1971 from 5:05 - 5:35 p.m., including a meeting at the conclusion thereof between President Richard H. Nixon ~nd John B. Connally; "" g. A meeting between then p_ttorney General Mitchell, !!. R. Haldeman, Lee Nunn, and Pre~:;ident Richard M. Nixon on May 5, 1971; h. A meeting among Presicent Richard M. Nixon, H. R. HaJdeman and Charles W. Colson held on September 22, 1972 in i:.he Oval Office between 8:58 and 9:08 a.m. ; i. A meeting among Presidhet Richard M. Nixon, R. •!a1..'icmm, ;;,i;d Ch3.rl2::; W. Colson on Septer::b-:r 29~ 1972 '· - - 'l. - . - ~ -~·- ... ·'- .. tod . "\ ... .J '. - , ·1 ) - ' ' • J .. of Hichard J. l. Nixo for th m~:nin l:io. P ..... , ·_ ...... ~ l~:) .... ~lection; n~ all r~co~ds r l ~ing tJ r_ ~~fl!~·ing th~ ocier of or naking of any such co ntr i~ ~ion b: c 11 individ~~:, group or or<;anization and r213.ti;-_g to or reflec-ti'lg the use to which such contribution wc.s put; and all recoras relatin:; to 3.ny offer or request for go 11ernment3.l benefit, favor or assistance by such contributor or potential contributor or any person acting on his behalf and/or any communication which could be understood to threaten the withholding of any governmental benefit, favor, assistance or other act to such contributor, potential contributor or person acting on his behalf by Richard M. Nixon or any person acting at Richard M. Nixon's direction or actually or purportedly on Rich3.rd H. Nixon's behalf, including, but no~ limited to, records relating to contributions by, or government benefit offered to, or received by the follo'.ving individuals and corporations or other legal entities, or th2ir agents or employers or anyone acting on their behalf: i / ;.bland lp, p~>be :-t. " 1 i~ .. , Ro: '~ ... SO =~-el Co~?~r .~iv~ Art~ur B. lou~g Co~?e~~ ~ tluntic Rich~ield Co~p-ny Avis Renl:-A-Ccir Babcock, Tin ti2~ge~-Avo~ St2amship Ccsp~ny Bethl'2he:m s ceel Blake Construction COw?any Boeing Company B()rg-War:::.er Corporc.tion Charles E. Smith Company Charter Corporation Chase-Manhatten Bank Christo, John Ci ties Service Petrolewlt Company · Coldwell Banker Continental Airlines Delta Airlines DeMarco, Frank de Reulet, Vincent Duncan, Walter T. JJ;vans, Thomas Farkas, Ruth Fisher, Max Flying Tiger Fo!:'d Motor Company Frankil, Victor General Motors Georgia Pacific Gould, Kingdon Greyhound Corporation Gulf Resources Corporation Gulf & Western Corporation Hertz Rent-A-Car Hess, Leon Heublein Honer.vell James, Leonard Jones, Thomas V. / Ka .i se .: A 1 Uhli ri~um Ke:.!'ton, P-"'~·h1s Kerr- :·:.cG~ Cor~o.:.:.;.tion :! !~roe 1 ·Ray Lehigh ~ - !.ry Lindner , C:i.rl Loc~hee~ Aircra~t Lyles 1 Bis3ett, Carlisle & \·Jolfe Harathon Oil .r.IcDonalds Corporation NcDonnell-Douglas Corporation Me rrill, Lynch, Pierce, Fenner & Smith National Airlines National Steel Company Nolan, Ra;r..on Northwest Airlines Occidental Petrolelliu Ogarrio, .Manuel Ourisman, Florenz Pan ~..merican Sulfur Company Pepsi-Cola Perot, H. Ross Precision·3 Valve Rebozo, Charles Rollins, John Safer, John Salomon Brothers Scali, J ohn Seafarer' s International Union Smith, C. Arnholt Steinbrenner, George or The American Shipbuilding Company Stewart, James Stirling-Homex Stone, Clement Sun Oil Susquahanna Corporation Symington, Fife Te.ansters Union Terra, Daniel Time Oil Transa~erica Corporation Union Ca:::!Jide / • l.J·,i '· cl Ai_ l L. .1S U;iit-?.d (, c.- 0 ·'.'>n:l::o?...L t.:. s. s:: ~ 1 Vt•sc:·,, P i '- ·t l·. R. c..- .. ce & Corr:plr.:f Wa~2er Co~~unicatio~~, Tr~. ~ ·arnc~ -J."-r-:!Jert Weye=ha~ser, George H. 1•ihi tr:.ey I C • V • Winn- Dixie Stores Wynne , Toddie • I ' • 1 :., t ,_ ..... \ \ i • f - ·~ , ,.: • ..a - .. • , l n .! :""'t • 1 l r _, . --'- •• .t ~ .... g.cl ... , 1.·~~r..: Ros? ~1. Colson and Richard M. Nixon concerning the sol5citatio~, :,0r.C.l. ci01 .s / making o r '\.!Se of contributio:is as dcsc;:ibed in 11 11 {7} , supra. (9) filly plan, sche~.e, program, effort, organization or committee which was to operate during the congressional carr~aign leading up to tha election held on Nove~~er 3, 1970r to raise and distribute funds in s upport of candidates fo~. the United States House of Representatives or the United States Senate, and all records relating to the roles played in any such plan, schene, prograill, organization or committee J by any of the following: Richard M. Nixon, Harry R. Haldeman, Harry S. Dent, Herbert W. Kalmbac51, Jack A. Gleason, Mur:;.;:r;;a="';i.l _____ Chotiner, Robert Finch, Donald Rumsfeld, Charles Colson~~------· Lawrence Higby, Jeremiah Hilbar.. k, Bryce Harlow, Jeb S . Nagruder, John A. 11.ulcahy, Joh!l Rollins, Thomas Evans, Joi1 Ehrlichman, John D2an, and Maurie~ Stans. v {10) Actual or proposed political con~ributions by or from foreign nationals in co:-i:'.ection with Richa=d .lI. Nixer'..' s Presidential canpaigns, incl~ding reco~ds =elating to th~ . . ,,. (ll) Cons id·.= ration for Presid2.r! _.;,._.;i_ appo..:..i1-r:.r:~~t as ~~ - ambassador of the United States of any persor.. who offered or cont:::-ibut:.ed $25; 000 or rr~ore to Richar-C.: .H. :.Ji;:cn 1 s 1963 or 1972 P=esidential campaigns including, but not limited to, Cornelius V. Whitney, Ruth Farkas, Vinc2:it deRoulet, and Fife Symington, Jr. (12) The International T2lephone and Telegraph Co. or persons representing its interest including, but not limited to: a. Meetings between and among John Mitchell., H1 R. Haldeman, Robert Dole and Richard H. Nixon on June 3, 1971; .b . Meetings between Charles Colson and Richard M. Nixon on March 18, 1972; c. Meetings between and among Charles Col.son, H. R. Haldeman and Richard M. Nixon on !·!arch. 30, 1972; d. Meetings between .and a.-rnong JahJ1 Mitchell, H. R. Haldeman and Richard M. Nixon on A9ril 4, 1972; e. A meeting among John Ehrlichman, John ~litch:ll, G::'!orge Shultz, John Connally and Richard M. Nixon on May ll, 1971. .. .. ' .-...... ~ ,, I ' . '-. '-'i ,, J. · 1 - .. ~,_; '"'"''°"": '79:1 ~ ... ~ .J l _.: -. ~ ·- ) : ~J ~ .... - ~ ·- ... - '\ _· .')'-' -;e ~--~ :1,'.f CJ J ) 1 +_~t.c:::>1:c.;:-- I .~ ..- --- ·-- l, l , I. P. pny... 3:..cal su=~.r'"~iil -i:"'l. ce a~~ :..:le(;~.:-anl.~ ; ed:: s -..;on.3.1.icted. 'J~' i:.he ~·3 I ~.:or.~ i:Ll rJ:::: ubo:i ': to in or about ea~ly Octob2= 19o9; c,. Al leg~:. ions Ci--i2.-=.. S23.~s ~"a.3 r;iv ing irt.=o·.r?:ta.-::i:>n. 0 ~e4S?d?2r reporters in q2ne=a: ~,i 3?2 ~~~cally, H~s3rs . .:t~"1.ry S=ar!.don, Jules Witcover and/or B.::-uce Bios:sat; and d. The identification of S·ear3 as the "old canpaign chap" referred to in a July 18, 1969, letter to President Nixon from J. Egar Eoove=. e. The termination of Hr. Sears' emplo~~ent at the \~~:i::.e Ho1.ise. 2. All records ·which in any way relate to the following: ;r a . plans of Richard N. Nixon to C.onate pre- Presidential papers and/or other material to the United Stat.es of ~..merica in 1958 and/or 1969; b. The prepa~ation a~d/or signing of the joLnt Federal income tax returns of Richaid M. Nixon for 1953 and/or 1969; c. The gifts of papers all~gedly made by Richa:!:d N. tlixoil to the United States in 1963 and/or 19&9. 3. All records pr~pared, written or produced at any time between July 15, 1972, and Nov2mber 15, 1972,.. which in any ·way relate to: ... '\ • -. :_ l ~ _: ._• l "., ...... , - 'J .-- . ~ ·- .:i.; ) ..: n. T:ie ii:'. ...L:.cL:i. ., <-tr>.d/8:: :.n·.::0.-..2 . L .. :??,~:.,,a:-o .:~d;'a:- ...... r; 3 311~·3 ,.,,: l!";::J)::i:.::·_ ...) :...... Ji rl .-W. 1 4. ~.1: r2cor~3 ~hi=h i n any wa s;~ cific canv2rsations a~d meetings: a. Telephone conversations on August 26, 1972, b~ t·..;een Mr. Johi.'1 Eh:r;lich..r:1an and :Mr. Charles G~ Rebozo, tel2phone co~:2rsatio~~ o~ August 29, 1972, at approxiwac2ly 11 a~ • - ~nd 6. 50 p.m. beb1een Hr. Ehrli:::h.!nan and S2cr2tary o-E the Treas'.lry George Shultz, and a telephone conversation at 4:16 p.m., Septenb2r 5 , 1972, be-tween Hes3rs. Shultz c.nd £h.rlicnnaa; b. The neeting in the Oval Office at the :·T.hite aous2 betwec:l Richard I~l. Nixon, Secretary Shultz, and l·i.,... Ehrlichman, from 10:41 a~n. to 11:50 a.m. on Septerr.be:c 7 , 1972; !.It c . The meeting in the Oval Office a-t: the White I!-:mse betwe~n Richa::-d :r.i. Nixon , Hr. Ehrlichman, Mr. Eal.lezan, and Mr. Rebozo, from 12:53 to 1:15 p.m. on August 29 1 1972; and d. The meeting ( s) betr.;een Richard M. Ni:-..:on and E.R. Halde;:-:-:a!l in the Oval Office at the White House on S~pte~er 1 5, 1972. 5 . All records that reflect visits or ar.raissi0ns to the White House and/or Executive Office Building bet~·•e:!l July 15, 1972, and ~Nov2mber 15, 1972, by any of the follawiri.g ir:.dividuals: Roger V. Barth, Mike Dii:•Iichele, Otha Hc.~er 7 Clyde H.!.S2 . 6. All recor:is reflecting telep~one calls vhich ,) ot-n .E:hrli-::~'nan had fro:::i. July 15, 1972, to ~Jo-.;-~nb~r 15, l 972 r to l)r r ron t:"1e fo ·.lo~"ing in divi duals: a . Roger V a~rth; b. ·~7 01-":::1:-t te , 1'3. l te rs. -, . ,_ ., ' ... , - .. ~ • - t.. • ~ ' , . • ! • l :i. ... , ..,_'I • > -:;: -- --·:a.... , . . ; ,-'.... } ,. , I._ H •1 -...... J ·- . - . .. .. ! :- __ ~/ • ' " •J ' I ' l - :- ... ..:t ...... , , T '_: ' ' ~:::; s; d. R ever2~ J Billy Gre~a~·s ~~ern al ~ev2nue Sa='llce; e. Tr.e inLtiation o= tax audits by the Internal !"1~,,~ 2.ue Servicej f. JoP-~ Caulfield's proposcl ta establish a private securi.t.y firm known a3 "Ope!'.'ation Sandwedge; 11 g. The enemies a~d/or opponent's list and/or e£fa~ts of whatever tape relating to the co.mrr.e:icem2nt 0£ prcc·eedings of t~atever nature against so-called "enemies;" h. Lawrence Yale Goldberg who was the:-t ~i.dar co:!.siC.eraticn for a jo~ at the Co:m..."Tiitt-ee to Re-Zlect the President. 8. All records ~. ..,rit::.e:i, prepared o::::- produced between Decerr.::>~r 1, 1971, and Marc!i. 1, 1972, which in any -.,.13.y relate to James Ray Polk, a :re9orter who ·was writing ar: a:!:"ticle regarding inter alia Eerbert Kal~bach. 9 . All records which in any way relate to a neeting or ccr.v=rsation concerning the Internal Revenue Se::::vi~e on Septew.ber 16, 1971, as set forth in item 26 o.E a ~·faite House. r:i.er..orandl!;-n dated Ju."13 13, 1974, subject "Summary o f O:nitted Ite.w.s Requested by De~endaJ:lt John Ehrlid1--n.1.3.J.!.." 10. All records ~· .=-itten, prepared or produced bett.,-een March l, 197;:3, and Nay 2, ·1973, which in any way relate to t.:J.e app8i~G~ent oE Vernon Acree as United St~tas Cor::.:.-nissioner of C ~.s -::o:::s. 11. All records that reflect visit3 or ads~ss~o~s to t~e ·"..:.!:.e ?. aus2 and/a.:- E '<"'C~t i.v2 O:'fice Building be~ . =>en .::;~nuar-.r l, 1~ 71 , a~d ~ay 2, 19 ·~ . by V2=~8n ~cree . . ' . t... 12 . All r"=co::- C...:> T • ,,1. '= !': l..n C.r' •f ,.,,~ 1...;i -~.: c: ,. . . . ' - 0 ·- _,. D"J.7 r•. . ' ' l l ...... "\ --!- 1 . ' ·...... ; - ~.:. I ...... --· , - , .) I • l ., _,.. - ...... - , .. _... ). / L) • . ~ .J ) T:' • _,/ - J I I , t ' . . c. ! .. ~~:~~..; .. ·: .!. .. d ~.r .. - :: '.. _ (::' .., ..-- :"'I , G-., 7 I_:; • 1; ..~--1;.,.~..,, .... 1_,...,, c . "'·-- -- .. __... ~~ '~ Q: 35 .... .,,J - e . i·!ec t i n g cf Rich ard M. ~ii ' f. f·f e e t i ng of Ric:'1~rd ~1. rri: g. i,!eeting of Richard M. Nixon with!-!::-. Dean fron 3:55 to 4:20 p . m. on February 27, 1973; h. Meetings of Richard H. Ni:;con with Nr. De~n o :?. March 1,, 1973, at (1) 9:13 to 9:46 a.m.,, (2) 1.0:35 to 10: <; ~ .:i..n., ( 3) 1 .: O6 to l : 14 p . r.l • ; i. Telephone conversations cf Richard M. Nixon with '1'-1r. Kleindienst on March 1, 1973, at 9: 36 a-m. and fron 10:52 to 10:55 a.ra.; j. .Meeting of Richard .M. Nixon with Dean on 7, 1973, from 8:53 to 9:16 a.m: 13. Jl.ny conversations of Richard ~·!. Nixon with ~·Tilli;:i::-t D. Ruc:--:elshau3 cnd/o::- Elliot L . Richards-:Jn in the ~ -?. ::- i od from April 25, 1973, to Jt!n-e 1, 1973, which relate in aP-y way to the Ellsberg pro.secution and/or the sevente~n w..:. r etaps co::;.ducted by the FBI at the rec;uest o f t ·-...a rf'lit:e Eouse from May 1969 to February 1971, and/or the records of -- ...... S'= wiretap.5. 14. All records p-=epared, written or produced. at a ny ~i:-i.e betweeri. ?..Y 2, 19 ..., 2 , a::-:1 Apri l 27 7 1973, r2la ti.;:ig to c o~-i. r2rsatio:i.s, correspo:ide.::ce, a::- con tacts be t ween Hr. Ehrl ich..~d.r'.. ~ ~G Mr. Gray, including, b~ t no . l imited to, a l l rcc ore3 ~hich __ 1 ..1y \, ..T3.Y ::-e l.J. ~'3 t o th2 folla ·,.; :.ng s pecif ic c~ nv2~:; ~tions:. ~ ,...... :_.,,.,_ ... ' - -·-- - - ...... b. '- f -::>.., • ...... ~.. - .,, : _- ....-- __, :a .... C.:: - : ; I .J • .; ' I ) • \ -i ( -: - -2 _, ~_:.' ;_ ...... t...- .-:...... ,. l'.1J31 I J I ~I , -- - .I ..__ .. I ' - 1~ - ..}. ....:~ ; ') ;_ ~ : : c1J~-= ~ ~ O.L - :10 - ·- "' .., - - Fe~=uar _ 2,, 1973, too:?. o: ' 1.: ,:..l~ I·!.:!.~-~~ - t :s 7 ..) ' - :. ::: ::. --- ~~r -..;e..:_r rel::i.._~ to t,~~ a_tic~2 !Ji_1blls>.2d i!!. ·J_·~=·~ ~,!~qa.::i1.-= c t.- 2.'.::::out Fe~::-:.iary 25 , 1 973 1 re£2rri:?.g t.o a ~i'.1.L<<:: ~:::i..::;~ -'..ii..::-- ct. .c. electro~ic surv~illa~ce proj2~~- ' . ) . ,-1 ,. 7 ... . -.. I I :> , !l"' . ._. L (") a . <.,' A - 1 ~· ) I.. , r "!.. .:! ti_ ) :o ·.·d.::· ._ . '") ; i b . T:"2 c.: ...1:-i.~-'\1..~ __ t :con · , .. t~~ .. : ~~'1 oftic ..i :. l:. o : t:'1 2 De?a:-~::2.~~ (1 _: ,T~:st.:....:e ,:_ ._.ti~ .. ~ t:h .... t "' Lort.""=>~ ~= ~'!. ::.. ..:~ i n h.~cl b~2:1 t~c _ ".~:,i ~ct. o c on~ c>~ !.-' .~:; ~ s \;e:i::.2'=::. t.,.1i ~e tap s and that n~n i el El l s~erg, P;:?.~:_ ~.~ r:t: 17. All r e cord s wh i::::!h i n a::>..y way rela te. to the f ollowi ng specifi c conversation s a nd neat ings: a . Hee ting t,-;i th the President with .Ness r s. Mitchell and Ehrlichman at approximately 3!45 p>m. on June 15 , 1971; b. Meet.ing of the President with Ne3srs. Ki ssinger, Ehrlichman a~d Ealdenan at a9proximately 5: 20 p.m. o ~ June 17, 1971; " c. Telephone co!1versation b etween Messrs . Ehrlichr:tan and .Mitchell at approxi:mately 9 : 55 a.m. on June 29, 1971; d. Telephone conversation between Nessrs . Ehrlichnan and Mitchell at a?proxirnately 4 :32 p . m. on June 2 9, 1971; e . Telephone conversation between the Presice~t and H::·. Mitchell at approxir.:ately 5:50 p . m. on June 29, 1971; f . Meetings o f the President with 1:-lr. Nitchel.l from ap,?ro:x:irnately 2:53 p.m. to 3:07 p.m. and fron approxi mately 5:15 p . m. to 6:33 p.m. on June 30, 1971; g. .Mee t ing of the President ·wi ::h Hes s:::-s. Haldema~, Ehrlichman a nd Colson at ap9~oxi~ately 10:50 a.~. on July 1, 1971; h. M..2e'-i0.g o E the Pre s :.c.~nt wU::.n Hr . E hrlic~~an '"')· ,.,., .. 1 O ·- u -- ~ - ' 1971; .l. . : :. ~ -- .. ·~. 0 . , . ·: l - ...... , -: 'I • •• i .J .: _._ - - I j. r-L "'~-.ia~ ~- I~ -'- -- 2 t _ , ~...... -: .:i:: I ~ ' ...... 1 .. . - ·- l ; : ' 1 _:. .. : ... :; n J 1_:.l ~' k . i.~ ~ ~ i ~ g ~; i t!i Lhe ?re.:; :_.:!.3r.': ,..;it.~'. _:;~ .. ;.:-~. :1~: c!er::.:t :i .:..::_ E1:.r 1 c ..: ..7.2..:t l~-';b b-.. y occ~-~::- i ..:; "'-~- 2..~ ,·:.:. _c2 __- 10:30 a . -. o n July 9, l 71 ; 1. Neet ir..g of the President ·wi c:h Ne ss rs . Haldeman, En.:::lich.Inan and Hiss Woods en .Ju ly 1 0 , 1971; m. t·!eeting b-= tr,.; eer: t'·!.?:". Bhr li c- ~an a nd ~! = .. :,lardian at approximately 8 : 15 a . m. on July 12 , 1971; n. Meeting of the Pre sident with ~-!essr s. Haldeman, Ehrlichman and Mardian at approximately 11:00 a.m. on J uly 1 2 , 1971; o. .Meeting of the Pres ider.t with Hr- Ehrlicf'..:."';ta.n a t approximately 1 1 : 1 5 a.m. on July 20 , 1971; p. Meeting o f the President with M::::-. ~·~ itd:~ll a t approximately 3: 30 p . rn . on August 9 , 1971;· q . Meeting o f the President with ~r . Ehrlichman on August 1 1 , 1971; r. Meeting o f the President with Mr. Ehrlichma-n. at a pproximately 6:00 p .m. on August 19, 1971; s. Meeting o f the President with Nr. Ehr.lich!:::a:i. on Septernl:ler 1 6, 1971; t . Meeting o f the President with Messrs . ~'li tchell, Haldeman and Ehrlich.'\1.an at approximately 12: 15 p .P.l. o n S epterr~er 18, 197~ ; u. Telephone conversation o f the Presid~nt with ~!r. Ni tchell a t approxi:nately 3:30 p.m. on Se?t:erri.b2r 1 8, 1971; v. Meeting o f the President with Mr. Nitchel.l. a":. ap:;n:·o .:dn<:1.te ly 10;00 a.m. on Sep ter:i~e r 30r 197..:.. ; w. ? a le p ha ~~ convers~~~o ~ o~ ~h e ?~~side n ~ t.,.:-.~ ~.~r .. ' .. i"":::--:.e ll at 2.?9ro: .. :...... ,_. 1 t2l~' 1.2 .. . ~ r:. .:J r'-. a :-.. o~~~b 2~ -:: ,, 1 ,., 71 i , j • . ~ . . . " -·. _...... : v J I .. !.l! • . l. l . L y. - .. J -..~...... , ; _ ..... _ "'!""' .., , ' .. __, ...... - J ~ l. ... J .. ..., _.I • z. Ne.:=t.ii:.:I o_ t:i-~ ~.i.:-:sid 2nt r,rith ~ · : .;~.:; ;-:~ ;:l.ic:: ~.J.:: and Iieln.s '1t _"")p::-o;i:i_~--: ~~ly ll:or, ~.m. (J .. (J~ -: ~=-= rt 197lj aa. Meeting o.f the President ·with :Mr . z::1rlich,~a.::. at appro:{irr.ately 12:00 r:oon O:-l Gctob~= 25., 1971; b'o . ?-!eeting oE the President with Mr. Mitchell at approximately 3:30 p.m. on October 27, 1971; cc. Nee ting of the President with Nr. ~!i tc::ell at possibly at o::::- about 4:00 p.m. on November 1, 197l; dd. Meeting of the President with Hr . Ehrlichman at app.=oximately 4:30 p.m. on :Nove.'1.ber 2 , 1971. 18. All records refl=cting meetings and/or telepho b. J ohn Ehrlichman d. J. Edgar Hoover e. William Sullivan f. Richard G. Kleindienst 19 . All records prepared, written or proC..uced at any time between April 24, 1972 , and .Hay 16, 1972, which in any way relate to: a. A demonstration, counter-dernonstracion c:.nd/or assa ·lt which took place on the west steps of t:1.e r~;::;itol o-: :.~e evening o.= ~L1y J, 1972; .-• '-' - • I t !- 1 .. - ,, ~ ..... ' .... l .., l:'."") .~ - ., ~ ' ..... - ... l - _J-1.1 12 ,. "J!: l.:_ ~:_ :.~..: ~0 I '-'.') c._ . ...:•.. - .:t :.:: ,.., ~e-ibec~tio~~ of thi.3 en::.ry o::::- o::- _-.l.;<- ·:: - _.,~ ~·;~ 1 t= nouse a~filiate~ r.ati0nal S2C-~ity g~OU?. 21. All reco::::-ds p~e9a=2d, w~it~en o= p=oa~=ed c.. t ar!y tiir.2 bet~·1eef1 March 1, 2..0, - , a::ld .!ove.n'.:Jer 15, 19 72,. which in any way relate to the so-called "Res_?e>r:sive:-iess" er ~Grantsmanship" program, including particularly, but not limited to, record3 preparad, written o= produced by Frad ~alek , William Gifford, and/or H. R. nalde~an. 22. All records prepared, wri~ten or produced at any tine be tween January l, 19 72, and Decerrber 31, 1972, including particularly, but not liT.ited to, records p::::2pa.?::ed, 7 ri tten or p::ocluced by Llewellyrr "Sud" E7ans, Charles Colson, Fred Malek 1 E. R. Haldeman ar..d/or i·:rj.llia:n Gifford, which in any W3.Y relate to: the Federation of Experi2nced Ame=icans, the Nation~l Council on Aging, an(f6rtl~e National co ..mcil of Senior Citizens. 23. All records which in any way relate to th~ treat: ment and/or handling of dernonstr;tors at Presidential app2a::::ances, including specifically, but not limited to, re=ords prepared ~ written or produced by H. R. Haldeman, Ri.~on Wa l~-cer, Willic.m He!l.kle, or a:iy Hhite Rouse advance:nan w:l.ic'h in any ·way relate to demonstrators at President Ni:~o:t' s visits to the following locations on ~~e specified dates: a. Bangor, Maine, August 6, 1971; b . Springfield, Illinois, August 18, 1971; c. Dayton, Ohio, S~?tember 3, 1971; d . Ch::i.rlotte, .io:::-th Carolina, October 15, 1971; ; ., - ....., £. ?. il 2l_t) i I .. -~ "'\ g. I - l . .· . , .\ •' ., "'"\ -- , i '1 - • . . ; -_:_ .: .....~ ' ·:\~~-=-t."_,~,~a'"l., ~~o~~:J1" _ ...: .. __ ... -.!_ 2u. -' -- . -, "> .. ::>·ta~- "-:>, v:.· Ci .:;~u3..;.:.on.:; of ·,-.. ~-~~~t-e~ o~ lntelli;~~ce ~!..!3\:on :_..:...:.:. .. ·' 27. All reco::-C!.:.; :Jr..i~h rela:t: .::.n ::::ny •..:ay ":o tne ·2!~~a.!Jlisr..:.-:1ent.1 d 1.:ti2s a~d 09~ration of the I:!.t3l l:.g2~c.= 'S .:'alu~::ion Co:n.rJ.ittce r T,~.. hic~-i Col:'lnittee v;a3 firs c -=orr:-...ad in t:.2 Fall or Wint.er o.E 1970. 28. P._ll records which r::=2..ate. in any way to physical or el•=ct.ronic surveillance in the Su::'.i.uer and Fall of 1969 of Joseph Kraft. 29. All records wnich relate in any way to physical or electronic surv:illance in 1969 and 1970 of Dor-ald Ni:x:o~. 30. All r2c:ords ·which relate in any way to dis cussions in 1971 oE the possi~le replace~ent of J. Edgar Hoover as Director of the FBI~ including but not limited to discussions of possibl= congressional investigations of the FBI 1 conversations between Nr., Hoov9~ and Hr_ Kleindienst concerning such congres5ional investigations and. the possibility that during the course of such congressional investigations 01:" 2.t ar_y other tir:le Mr. Hoover night reveal c ertain matters " er0ba:.:-:::-a3si:p.g to the Nixon aehtlnist::-at:ion. (' _) . ... : ' ~ ) ....· .. , ' ..... ,.. " . ' ... , J • - ~J l .!. ' ... .: .• .;. ._ ; 1 .. • ; .: a-. <..: - ;\ ·- l?·~l b . .t;"". L. p .. ~.... :;.i-i.1 :o_. 1.· n, c. ~t ap9roximat2ly 5:33 p.~. on J~~a ~S, 1971; d . approxirr.a::ely 5: 5) on Ju.} :r l , 1 3 71; e. approxi:mate_ly 5:35 p.m. on ;:.rove.:.""TI~er 22, 1'371. 32. All r2co!:"ds which :relate in a~y w:=.y to the investig=.tion of the disclosure 0£ the Pentagon Pa.pers, ar1d the investigation and prosecution of Daniel Ellsberg. 33. All records written, prepared or produced bet";·;e ~n June 1 1 1971, and Decerr.ber 31 1 1972, which in any way relate to the assasination of Prenier Diem of South Vietnara or State Department cable{s) indicating coraplicity of the Kennedy Ad ninistration in Di~a 1 s assasination in~luding, but not lL~ited to, all records which in any way relate to the followir..g S?2cific conversations and meetings: a. Meeting of Richard M. Nixon, Nr. Kissinger, Nr~ Ehrlich:.--nan and Mr. Haldeman at approxirllately 5: 20 P-m. on June 17 1 1971. b. Meeting of Richard M. Nixon, Mr. Kissinger, Mr. Haldeman and Mr. Ehrlichman a~ approximately 9:30 a.~. on June 23r 1971. c. Meeting of Ri,.chard M. Nixon, Nr. Mitchell,,. Mr. Haldeman and Nr. E.hrlichman at approximately 12:15 p.m_ on September 18, 1971. d. Meeting of Richa=-d N. Nixon and .John Ehrlch,;. 3..; •. .- .. , .. ! l . .... '.\ ..,; - " .. ~ ... __ ) J? I '--- - ._ :'! 1"1 ...... :- -~ l, - . ' ...... -.- ' , ' ..""' .. -, .r: -, 1 :- . ::: :·:.J T I• . 1 ~ ... , "'"l--t -:a:""" -· -i .::l ... 1 ..1 _. i...... :. I . ' - - - ...... - . ' - .. ' . .. - - I '/ ~ L. ~1~ ~ z-~2r-tbc-:::- of "t.::2 ~;~'1:.-=~ _.. ':.:.~_,-== :-;ta::f, _:_·':l .... a~"L' - .. 1.:..:J~ ~~ ,.i~~~,,,--!.. .s~ o.:-_ o"E t!"l-~ 0- it=::tl s :-:?.~ !5 T~o:; t. ~:;:::.:.c:! ':'"J""":-' •:!__::.2 .... :. •- ...... , .. - -- r . , _::~::..:._:.; ~"~:i~ - ?.:-2_;!_ _ e~ -:_ __ :.-l -~;.. -:l3.~e < ;~ '"': ~ ,. I~ - -~ .... .:-son2.l c.:.-- ca_-np3.i<;n .hdi..:.. 35. All record3 relating in any way to 't:.!"'~~ ':mtagon Pape:::-s, Dar:i2l :C::lls::ie.=g, Daniel 21:s::ie:::::-q 1 s ps_Tc::tiat.:-i::;::., "J.::-. Lewis .J • Fielding, Hu.• t-LidC.y Speci.::-.. 1 P:::::-·:Jj ect ~-ic _ On:, Eunt-Lid.dy Proje c ~ No . One, St;>ecial Proj2ct ~·•o. On2, P:::-cjacc Odessa,, P::-oject o, California Operation, Runt and/or LidC.y's travel to California, E. Howard Hunt, Jr., G. Gcrdc!l Liddv-, in.eluding, but not limited to, all writings i~itiated er - authored by, addressed to or received ·by any of the follo;.;ing individuals: Ric hard M. Nixon, R.R. Halee2an 1 David R. You~g, !::gil Krcg~i., Jr. 1 Charles Ti'1. Colsor!., John D. Ehrlich.:..u.an,.. R. Ho·,o;-ard H'-!n t, Jr. , G. Garcon Liddy, and ?odd Eul1.i:i. 36 . All records relating i!l any ·way to m=etings between Richard M. Nixon anc John Ehrlic~11.an on Se?te::-b€!r 8, 197J., at a9?roximate.1.y 3;3Qp . m., and Septerabe:::::- 10, 1971, at approximately 3 p.m. WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washington, D.C. 20005 August 16, 1974 Philip W. Buchen, Esq. Counsel to the President The White House Washington, D. c. Dear Mr. Buchen: In accordance with our telephone conversation this morning, I am enclosing an extra copy of the motion of H. R. Haldeman to suppress certain papers which he con tends are his personal property and which are part of former President Nixon's White House files. Also en closed is a copy of the memorandum we intend to submit in opposition to that motion, together with the support ing affidavit of Assistant Special Prosecutor Richard Ben-Veniste. You will note that on page two, at footnote one of the memorandum, we state that your office concurs in our view that the notes taken by Mr. Haldeman during his government service cannot be considered his personal property. we appreciate your cooperation on this matter. Sincerely, ~A. Lacovarua"4£,...... ___ Counsel to the Special Prosecutor Enclosures '- WATERGATE SPEGAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Wa~hington, D.C. 20005 August 16, 1974 Philip W. Buchen, Esq. Counsel to the President The White House Washington, D. c. Dear Mr. Buchen: In accordance with our telephone conversation this morning, I am enclosing an extra copy .of the motion of H. R. Haldeman to suppress certain papers which he con tends are his personal property and which are part of former President Nixon's White House files. Also en closed is a copy of the memorandum we intend to submit in opposition to that motion, together with the support ing affidavit of Assistant Special Prosecutor Richard Ben-Veniste. You will note that on page two, at footnote one of the memorandum, we state that your office concurs in our view that the notes taken by Mr. Haldeman during his government service cannot be considered his personal property. We appreciate your cooperation on this matter. Sincerely, ~A. Lacovara>-ti""'1.o...._ __~ Counsel to the Special Prosecutor Enclosures ~""""----- ~-- ~ ~<..~- f 7, 151y 17[./l.Jl!)IG~ • . ~ " ,._k, 1 lZ. L.J, °"-<( J.v..c r 2 .;.g_ ~ ~ ,r~ • CM- ..-( -~ ~ di._ XL;t= a; ...,. ~ "2 ~- ~ 1_g_~. "f~ ' ' ~ 1 ~ ~b,_~ ~./,~,,£.~ ~~ ;(. ~ ~ ~ (f-1~1(?r.$.~S?- e_,- () .. ~(~ , Q~ I?. ')7'f - DRAFT 8/ 17 /74 Letter to Philip A. Lacovara This is in response to your letter dated August 15, 1974, captioned United States v. John B. Connally, which requests that the White House retain 11tapes not yet turned over to anyone" pending further developments in the Connally case. As I indicated during the course of our August 15, 1974, meeting, all files and other objects contained in the Presidential files of former President Nixon determined to be arguable relevant to the schedule of outstanding requests for documents and objects enclosed in your earlier August 15, 1974, communication to Mr. Buzhardt, are retained and secured in the White House complex. The precise location of certain of the requested files and objects have been located and secured. Specifically: approximately 900 reels of tape of Presidential conversations along with the personal files of certain former White House employees, including but not limited to Messrs. Dean, Haldeman, Ehrlichman, Caulfield, Chapin, Colson, Krogh, and McGruder have been located, centralized and secured. The location, present custodian and/ or existance of much of the other items contained in your schedule of outstanding requests is unknown to me at present, nonetheless, I have directed that no files or objects, other than the personal chattel of the former President and his family, will be removed from the White House complex without appropriate prior notice to your office. ::Sincerely, Philip Buchen DRAFT 8/17/74 ._ Letter to Philip A. Lacovara This is in response to your letter dated August 15, 1974, captioned United States v. John B. Connally, which requests that the White House retain "tapes not yet turned over to anyone" pending further developments in the Connally case. As I indicated during the course of our August 15, 1974, meeting, all files and other objects contained in the Presidential files of former President Nixon determined to be arguable relevant to the schedule of outstanding requests for documents and objects enclosed in your earlier August 15, 1974, communication to Mr. Buzhardt, are retained and secured in the White House complex. The precise location of certain of the requested files and objects have been located and secured. Specifically: approximately 900 reels of tape of Presidential conversations along with the personal files of certain former White House employees, including but not limited to Messrs. Dean, Haldeman, Ehrlichman, Caulfield, Chapin, Colson, Krogh, and McGruder have been located, centralized and secur~d. The location, present custodian and/or existance of much of the other items contained in your schedule of outstanding requests is unknown to me at present, nonetheless, I have directed that no files or objects, other than the personal chattel of the former President and his family, will be removed from the White House complex without appropriate prior notice to your office. ·sincerely, Philip Buchen John M. Lawrence Executive Secy,, COMASF~ INC. 57 W 10 Street New York, N. Y. 10011 August 17, 1974 Mr. Leon Jaworski Special Prosecutor ot the Justice Department Const1tut1on Avenue 6 9th St. ~aah1ngton , D. c. 205)0 Rea ?our uneth1oal conduct in violation Of the 4th A1ltR4!!Dte ap4 i•· l§e U.S. k9'11 Dear Mr. Jaworski • The NEW XOHX TI~ ot AUguat 17th, PP• 1 and 15, reports that 7ou have been, and are, engaged in illegal aot1v1t1ea, or aseert1ng a general 1nqu1ait1on or general •earch and e1zure power in re•pect to private propert,., cona1stlng ot iapers, tapes and other wr1t1nga of former President Mixon left 1n limited ba1lment, or aatekeep1ng b7 h1m 1n the White House. I t appears f'rom thia d1apatoh that 7ou have procured. the acts ot Mr . Phillip Buchen, an attorne7 for President Gerald Ford. 1n doing these illegal acte. They are acts that appear to be or1111nal violation of ~1tle 18, Secs. 242, a Misdemeanor, and ot Title 18, sec. 241, a Felo117, U. ~ • Code. You are not unfamiliar with the h1atorlea showing that one of the o•ntral purposes or the 4th Amendment was to disallow and general ae1zurea, or any general searches, ot the propert7 or paper• or wr1t1nR• ot any peraon. ln4eed, the general seizure and search of the papers triggered the tight both 1n England and b7 John Otis in A.mer1oa, leading to the apec1t1os of the 4th Amendment requiring (a) showing ot probable cause and (b) a necessit7 to spec1f7 the part1oular thing to be se1&ect tor a arch. The case of lA1>P V. OHIO , )67 U. s. 643 was indeed a case ot a government making a general seizure and search of a trunk full ot papers in 11a1ted ba1lment. You are now deliberately oorruptl1 aot1ng1 w1th the a~etment of the President' s attorney, Mr . Buchen, 1s accompl1sh1ng a l&Jrleaa general eeizure, or re•traint upon the propert7 ot another, as 7ou violate the 4th Amendi:ient b7 or11linal1t7, The oooperat1on 1n th1s venture rendered b7 Mr . Buzhardt 1s not at all voluntary, but done under a duress, as you go to the newspaper reporters to coerce such an agreement to allow 7ou to put a ' hold' or general seizure upon such property bJ threats and innuendos. In th1s respect you are obv1oual7 uneth1oall7 resorting to prejudicial appeale aga1nat the interests ot thoae acouaed under the present indictment, including the non-1nd1cted but accused former Prfa1dent Nixon, to 1mpJ.7 or b7 innuendo amear him and th•m 1n public d1acuss1on 1 as a terror- e s 1tut1one.l slmilarlT .. • Oath 2L 1. cause te, JohnY:. Lai:·irc~ce ~xecutive s c.;., Cv ... -~ .... 1-..; l.."iC. . 57 'VJ 10 Street New York , •. • • 10011 August 17, 1974 ~'ir . Leon Jaworski Special Prosecutor of the Justice Department Constitution AVeflUe & 9th St. Washington, D. c. 205)0 Re 1 Your unethical conduct in violation of the 4th Amendment. and T •. 181 u.s. Code Copy~ Phillip Buc'-·zn • .Speci al .tlttorr..;~./ to hes. F'ard Dear Mr. Jaworski• The N~W :XOBK Til'lliS ot August 17th, PP• l and 1.5 .. reports. that you have bean, and are, engaged in illegal activities, of' asserting a general inquisition or general search and satzure power in respect to private property, consisting of pipers, tapes and other writings of former President Nixon lef't in limited t bailment, or sa!'ekeeping by him in the White House. It appears J from this dispatch that you have procured the acts of Mr. Phillip Euohen, an attorney for President Gerald Ford,. in doing these 1llega1 acts. They are acts that appear to be criminal v1ol.at1on of Title 18, Secs. 242,. a Misdemeanor. and of Title 18, Seo. 241, a Felony,. u. s. Code. You are not unfamiliar with the histories showing that one of the central purposes of the 4th .Amendment was to disallow and general seizures, or any general searches, of the property or papers or wr1t1n~s of any person. Indeed, the genera1 seizure and search of the pap~rs triggered the f 1ght both in England and by John Otis in An!erica, leading to the specifics of the 4th .Azendment requ1r1ng (a) showing of probable cause and (b) a necessity to specify the particular thing to be seized for search. Tha case of MAPP v. OHIO, )67 u.s. 64) was indeed a case of a government J!Jak1ng a general seizure and search of a trunk full of papers in limited ba1lment. You are now deliberately corruptly acting. with the acetment of the President's attorney, Mr. Buchen, is accompl1sh1ng a lawless gen~ra1 se1zure, or restraint upon the property of another, as you violate the '"th Az:;endcent by criminality. The cooperation in this venture rendered by Mr. Buzhardt is not at all voluntary. but done under a duress, as you go to the newspaper reporters to coerce such an agreement to allow you to put a 'hold' or general seizure upon such property by threats and innuendos~ In this respect you are obviously unethically resort1n~ to prejudicial appeals against the interests of those accused under the present 1nd1ct~ent, including the non-indicted but aaeused forroer Pr-s1dent Nixon,. to inpl.y or by innuendo smear him and them in public d1scuss1on, as a terror- .. 2 i::i ic ·n • in c:~,~c :;-~ wtth 4'•'.°".'· .:-~1::;h~r., r.1J:!"c'L·1r_ ';ha· ~~eral s-e! ,.. : f).!° s\•-c.-llad "t ~r.iporary hole r: tr·i.".: "JO' r.. •.v ... h .•d 1 r-~~;1df..nt l'rYrd :·~c11t. ~ i~ r·Jopect "':0 ~U': h ~:-oµflrt:.er: ld':,rJE".;- lt,~' ta:i t s~tfe- kP.P.p1r · bail~-nt . :.o~~ ~n.~e utt~rl.y no dc~0nntrs.ble proba.f:le c~~s~ just1t1-- o tton, "t;J~,:;.S':" e.ny t h>?o~- of subpoena. or di~covsry. for any PRrtl.cu1' ~: pe.par. You are ex.<:.c1;ly aware cf tht. fe.ct of tha 111-11 ted, n•:rc-kc:epinf of prouerty onl~.. , nc.turs of the b~.1l:'!Snt .-,-: the prnperty of r-"r . N:.xon to !~. I'ord. IT. Buchan h..:;.a not !'la.C.a a.YI;' :representation as to b.J.iloent r:!.ghts to search in such !='"'~ope~ti~s , an~ ha c.sserts, and has asserted to you. aceo=d1ng t o th~ ns"1's d.1spatches,. a full posi+;1on er.at such --:ca~tars ars colcly tho pro11ert;" :J! H1ctarC: i'!. iU:cn.. You ha7e :t'ul.l k?:owleC.gs o'f the wrer(:s.bou.1s nf :r.r . 10.~on, a:r.d are n:,:are tha1; Er. ~;:hardt is his 8ola attorne~, b~t 11k~w1se wittout authority to search such propert1~s . I i i..:ti.it yoll arv c .... 1:m1z1a.12y er.ge.g1r.~ ln ls a c0ndt:e·t cf criclr.a~ly 201ng toe. -ir:i1tect b.::>.1l{:us, net in r~81:'1!'ct "'o an7 contrab('..r.d or ins-t;rm 'r'hiH 1.s ~onr..ra~t hy you tn ~lol.at1on of your Const1tut1onal' 08.th o Offic~, n.ncl~r .~inla VI, Ssc. J, as IT:- • .Bu.ehen simlarly co~!!li.ts t.h~t kind cf cr1r:;e, with ycu, tn violation of hi!l Oath r.r.1 the \n~at~a of the 4th AJ::.9ndnant o.nd T. 18t sec. 24la You do this conduct to e::tplie1 tl.v a!.d your attcm!)ts to prosecute ~ bu do so only by 1nt1uend.oly soa~~1ng to inflame pu.blic opinion ng.i!n t: .... ~ l'J :i.:m1. arid. the def.;.,no.ants 1n tt-.. e t'.!'."1~.l nof.f pend1r.g. ff;::.ch :t$ :·:r .. t:ltchell. nr. trale.sr.&'1 a11d ?".r .. :'.:~t'..rli'=hn..C\n t bu.t SUP.Pit a nle:az!' su.~gest1on that M'.:' . la:on o!" h~a asents e:i~anger t he oeeur:lty or tho92 pap'.!rs, l" <:a pect .. ng which 7.:>u ~1how not a sc1n t111a of ~r,,bable caus~ interest. Thi ~ 1a e.1rty·, anhd.erhanded conduct in .. el ibe-rate v1ala-:1!Jn by yo.;l of ttic C;:-.nons or Profes sional 3t ht on for L:.1.,;yers • and !n viol!\tion of tho Due .P'!"ocess ~datos o~ tho 5th A:re~md".'il<:mt , a.s yuu .J.a."?y on such 't3.ctics 1n the District of Colunb1~ to 1nf la0e prejudice in the populace from tihlch n Jarj panJl ~ay b3 dr::l.'i·m . It 1a really cri?linal c::>~duct t~ p~rvert the procE>~3 of Jttst.ic~, or tauper with the jud1c1~1 processss nO':; ndarwey. ':H7.n.:..;:o.RS , l .. o requA.J '"· and d ·3t"-:~d Y'"U d egist your l ·.t·lsr.!" cm1c~et forth1"1'1th . I do not hi;r~ de.a.l with ~ "'e sirat~ 1ne1 ;;n ... '-'·here a J1.1.d.Ec ou.t-str~tv he:; cad.a a. -void order 1n re spect to certain u le ntif1E>d papers c.f !4.r . Nixon, at the requeot of H1lliam A.l.mstlsr, which neithar shows probable cause nor e~y port1cular1ty. Under your Jur1sd1ct1on to prosGcute, that has nothing to do with you. Slff ~rely 'lours, ~-m/l~U.f w);'fERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washln~ton, D.C. 20005 August 19, 1974 Philip W. Buchen, Esq. Counsel to the President The White House Washington, D. c. Dear Mr. Buchen: I have earlier sent you copies of H. R. Haldeman's motion to suppress certain materials in the Presidential files of former President Nixon on the ground that they are Mr. Haldeman's personal property and were illegally seized from him, together with a copy of the govern ment's opposition to that motion. At a hearing this. morning.before Judge Sirica, counsel for Mr. Haldeman withdrew the suppression motion without further explan ation. Sincerely,. Prosecutor WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washington, D.C. 20005 August 19, 1974 Philip w. Buchen, Esq. Counsel to the President The White House Washington, D. c. Dear Mr. Buchen: I have earlier sent you copies of H. R. Haldeman's motion to suppress certain materials in the Presidential files of former President Nixon on the ground that they are Mr. Haldeman's personal property and were illegally seized from him, together with a copy of the govern ment's opposition to that motion. At a hearing this morning before Judge Sirica, counsel for Mr. Haldeman withdrew the suppression motion without further explan ation. Sincerely, Prosecutor THE WHITE HOUSE WASHIN•TON Cn.), -1 )l') 11Vl'I CAB - G-' YI ,(t,J > f'd 1d for 'J -- CJvrtt w k 1J' \V1)/r;, THE WHITE- HOUSE WASHINGTON 8. p l p U<1n< J ------...... WATER GATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washington, D.C. 20005 August 27, 1974 Honorable John J. Sirica Judge, United States District Court United States Courthouse 3rd and Constitution Avenue NW. Washington, D.C. Re: Tape Recorded Telephone Conversation Between President Nixon and Charles Colson on January 5, 1973. Dear Judge Sirica: After having been briefed by Mr. Ben-Veniste who has listened to a segment lasting approximately three minutes of the above-described subpoenaed tape recorded conversation, it is my opinion that while this segment is totally unrelated to the case of United States v. Mitchell, et al., 73 Cr. 110, it does appear to be relevant to one of our ongoing grand jury investigations. As it is my understanding that the White House has withdrawn its claim of privilege for this portion of the conversation, I hereby request that the Court order that a copy of this segment be made available to our office. LEON JAWORSKI Special Prosecutor cc: Philip Buchen, Esq. Counsel to the President 8/27 IT• To: Fred Bushardt From: Phll Bachen '- WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washington. D.C. 20005 August 27, 1974 Honorable John J. Sirica Judge, United States District Court United States Courthouse 3rd and Constitution Avenue NW. Washington, D.C. Re: Tape Recorded Telephone Conversation Between President Nixon and Charles Colson on January 5, 1973. Dear Judge Sirica: After having been briefed by Mr. Ben-Veniste who has listened to a segment lasting approximately three minutes of the above-described subpoenaed tape recorded conversation, it is my opinion that while this segment is totally unrelated to the case of United States v. Mitchell, et al., 73 Cr. 110, it does appear to be relevant to one of our ongoing grand jury investigations. As it is my understanding that the White House has withdrawn its claim of privilege for this portion of the conversation, I hereby request that the Court order that a copy of this segment be made available to our office. LEON JAWORSKI Special Prosecutor cc: Philip Buchen, Esq. Counsel to the President {i ti"· 197":ff Chapter I-Department of Justice § 0.38 beOfllce -§ 0.31 Designating officiah to perform tomey General. The duties and respon 1.21> the f uncLion1 of the Director. slbllitl.es of the Special Prosecutor are set :iutles 8.8 Ca) In case of a vacancy in the omce forth in the attached appendix below General of the Director of the Community Re which is incorporated and made a part ·al from lations Service, the Deputy Director of hereof. the Service shall perform the functions - {order 661-73, 38 FR ao738, NOT. 7, 1973) .31, 1969, ·and duties of the Director. ·§ 0.38 Specific function.a. 'R 19397, Cb) The Director is authorized. in ease ffi. 29584, The Special Prosecutol' is assigned and m 16875, of absence from his omce or in case of his inabllity or disqualification t.o act, delepteduthe following specific func t.o designate the Deputy Direct.or to act tions with respect to matters speclfied in in his stead. In unusual circlllllStani:ea, this· subpart: or in the absence of the Deputy Direct.or, Ca) Pursuant to 28 U.S.C. S15Ca), to conduct .any kind o!. legal p.roceeding, & person other than the Deputy Director may be so designated by the Director. civil or criminal, including grand jury p~s, which United States attor § 0.32 Applica&bilit;. .or existing depart- -neys :are .authorized by l&w to .conduct, mental regulationa. ';. r ;and!.:to::designate attorneys ~to •conduct Departmental regulations· Whicn'·-:Ue '11uchlega.I•proceedings.'. r "' - '~ :: ' · ~ • generally applicable to units or persannel ~1:.- .' ~To approve or d.isi6Prov~ :the · P"i0- of the Departmeni. ·ot Justice shall' be -duction or disclosure of-Jtifonnation or applicable with respect to the commu :files relating to matters within .hLS -co~ nity Relations Service and t-0 the Direc :D.iza.nce in resP<>nse to.a subpoena, order, tor and personnel thereof, except to the .or other demand o:r a court or other au ind sub ext.ent, if any, that such regulations may $borlty. DetermlDlng·; whether "oi not ·application the l:>epa.rtment-of .rustlce, including United surveys of should be made. to. any: Federal court tor. --a States Attorneys,. shall cooperate to-the full trust laws grant ot~J,mmunity to __any wltne{>S, con est extent possible. with the.Speclal Prose- sistently With applicable statutory require ·cutor. ~ - . ceedings, ments, or for warrants, subpoenas, or other 2. Budget. The Specl.aJ: Prosecutor w1ll be present ev court orders; ___ . provided with such- !Unds and faellltles to ance and DeclcUng ·whether or- not· to pro&eeute ·any carry out his responslbllltles as he may rea gative den individual, 11rm, _corporati~ or group of son.ably require. He shall have the-rlght-io orders anc 1ndlv1dua.ls; - · - • - - · "' submit budget requests for funds, posttJona, recover fo Inltlatlng ·:- and - cionductfug . prosecut1on.11; and other assistance, and such requests .shAll juries sust !ramlng lndlctmenta, 1Wng l.ntormat1ons, and receive the h.lgheet prtortty. oi ha.ndllng all. ~ta of any casea-;:11VlthJn hill 3. De3ignation and respo7t.tibafty. The per a result jurl.sdlctlon. (whether lnltlated be!ore or sonnel acting as the statr and asaistants ol ceecilngs tc after his uaumptlon. ot. dutles) ...1nclud1ng the Special: Prosecutor shall be known as the Judgments any •ppeala;: , - ' .. _ . _. ~ Watergate Speclal Prosecution Force- and t1.ation.of · CoordtnatlDC and d!reetlng the act1Ttties ah&ll be responsible only to· the Special tions; crln of all Department of Justice personnel, ·in Prosecutor. • ties includ cluding United StateS Attorneys; - · -- Continued Te&p011$'lbilittu of A3si.!tant At of penalti Dea.llng with. .&nd appearing before COil-• ·tomey· General; Criminal Di11f8Um. Except !or the Peden gresiona~ committees ha.vtng jurl.sc:Uetlon the apecl.fl.c tnvest;tga.ttve- and proeecutonal over any aapeot of the above -ma.tters and duties assigned to the .Special Prosecutor, the antit detenninJng.... wba ,documents, .ln!onna.iion.. .th& .Ass1sta.nt .Attorney General In charge at amicus cu -and asatsta.nce ahal1 be provided. to such com- the Crfm1nal Dlvlslon will continue to" exer ga.t.ion; ai mittees": - .. ~:: ~ ~~ ' - ·· ··- ..-- . ~- i-- • ._f:. "ct.se all _of the duties cu;rently a.s.stgned to appeals in In exerctstng· thlS ·authority, thtt-Speclal him. (b) Intt Proseeutor wlll have the grea.telrt degree of 'Applicable 4eparlmental polfcU<;~. EzcePt as fore admb independence that ls consistent with-the At otherwtse hei'etn apecmed .or as mutually wholly o torney General's statutory accountablUty for agreed between the Speclal PrOBecutor. and all matters _falling; Within': the jurlsdlctton the Attorney Genere..l, the Watergate Special sta.tutes 1: of the Depa.rtment ot Just~ce. The Attorney Prosecution Force will be subject to the ad which rec General will not .countermand or interfere mlnJstmttve regulation& and pollctH ot the tween the with the ,Special Prosecutor's decisions .or Department ot Justice. and the I actioll5: The -specta.l Prosecutor w1ll deter Public reporl3. The- Special Prosecutor uay eluding Sl mine whether and to what extent he will in from tlme to tlme zna.te public such state Trade C• form or consult with the- Attorney General ments or report& a.s he deems appropriate Board, lJ: about the conduct of h1s clutles and respon .and shall upon completion o! hi.a a.sstgn s!on, Civi sibllities. In acoorclance with assurances m&nt submit a final report to the approprt given by the President to the Attorney Gen a.te persons or entities o! tbe Congreas. Commun.it eral that th8 Pnlsident Will not exercise h1s Duration of auignment. The Special Prose Maritime Constltutloruil powers to ef!ect· the cUscha.rg& cutor will ca.rry out these respoll31bilttles, Commissic of the Special Prosecutor or to llmit the inde with the full support ot the Dep~ent of Commissic pendence that he !lt hereby given. (l) the Juatlce, untll such time as, ln his juclgment, to any a.g1 Special Prosecutor will not be removed from he has completed them or until a date mu incident f .his clut1e11 except for extraordinary tmpro tually agreed upon between the Attorney under the prtetles on b1s part and without the Presi Genera.I ancl h!m.sel!. dent's ftrst consulting the Majority and the in thisDet (Order 1151-73, 38 PR 30738, Nov. 7, 1973, a.a (C) De' Minority Leaders and Chairmen ancl rank1ng amended by Order 55'-73, 38 FR 3280ll, Minority Members of the Judiciary Commit~ Nov. 28, 1W73} ment, rec tees of the Senate and House o! Represent& Ing record tlves and ascertatnlng that their consensus ts Subpart H-Antitrust Division Attorney 1 tn accord with his proposed action, and (2) quired by the jurisdiction of the Special Prosecutor wW § 0.40 General fonetions. April 25,. not be Umlted without the President's :6.rat Subject to the general supervision of oonault1ng with such Members o! Cocgre9 submitted and ascertatntng that their consensus ts 1n the Attorney General, and under the dl ments an< accord with his proposed action. rectiOIJ. of the Deputy Attorney General, Cd) As the following-described matters a.re as Genera.I, STilT AND RESolraCB StlPPOllT signed to and shall be conducted. ban· martes th 1. Selection. of Staff. The Spectal Prosecutor dled, or supervised by. the Assistant tlve factoi shall have full authority to organize, seleat, Attorney General 1n charge of the Anti and hire h1s own strut of att.orneys, lnvestt or consoll ga.tors, and supporting personnel, on a !ull or trust Division: ·quired by part-time basis, fn such numbers a.ncl with Ca> General en!orcement, by criminal the Fede1 such quall.fl.caitions as he may reason.ably and civil proceedings, of the Federal Sta.t. 891) require. He may request the Assistant At antitrust laws and other laws relating torneys General and other oftlcers of the De (C) ), and partment of Justice to assign such person to the protection of competition and the ing the p nel and to provide such other assistance as prohibition of restraints of trade and Govemm1 he may rea.sona.bly require. All personnel 1n monopolization, including conduct of tion 207 o 12 § 16.10 Title 28-Judicial Administration [¥"·''' (d) Form of payment. Payment should to the supervision, Jurisdiction, or controt mand calls for the p be made by-check or money order pay of, the Attorney General of the United: terial from the files ot able to the Treasury of the United States. States, including U.S. attorneys, u.s: § 16.10 Title 28-Judicia[ Administration (d) Form of ;payment. Payment should to the supervision, jurisdiction. or cont.-01 m,tnd ca!ls be made by cheek or money order pay of, the Attorney General of th1. ited unl~ approved by appropriate. information (a.) 5 U.S.C. 552 exempts from all of Departmen~. official. the product its publicat.ion and disclosure require No employee or forir.er employee of the of the Servi1 ments :cine categories of records which Department at Justice shall, in response (3) In in are described in subsection {b) of that to a demand of a court or other au.:. not covereci section. These categories include such thority, produce any material contained of this se• matters as na.Uonal defense and foreign in the files of the Department or disclose._:. General. pollc:7 information; investigatory files; any information relating to material con-. Cc) I! or internal. procedures and communica tained in the files of the Department. or~ dema.nd. a: tions; materials exempted from dis disclose any information or produce any . feasible, a closure by o~her statutes;. in.formation material acquired as part of the per--, ing the tes su given in confidence; arid matters involv forma.nce of his .official duties or because~ forth a. ing personal privacy. The scope of the of his omcial status without prior a.p~ sired. mus· exemptions is discussed generally in the proval of the appropriate Department o!.;:;f. by the u.~ Attorney General's memorandum re :ficia.l or the Attorney General in accord...:;;. Departme1 !erred to in.§ 15.1. ance with § 16.2-1. :·--S (Ord.er No. Cb> The Attorney General will not . -- ~ asamendee withhold any records of the Department § 16.23 Proeedure in the event of a del. Feb.23.197 mand for- production or di:!elosure..'f over 10 years old on the ground that they § 16.24 are classified pursuant to Executive Or {a) Wnenever a demand is made upon. Depa der No. 11652 or its predecessors witpout an employee or former employee of the,.. Gene notification from the Department review Department for the production of ma- ·· (a.) I! committee established 1n accordance terial or the disclosure of information ficia.l. as with the Executive order and Subpart G described in § 16.21 , he shall 1m-.c proves a. of Part 1 T of this chapter, by its Chair mediately notify the U.S. attorney for ·· material man, that continued classification is re the district where the issuing authority he shall quired by the E.,;:ecutive order. is located. The U.S. attorney shall im. suchoth! Subpart B-Produciion or Disclosure mectiately request instructions from the-.~ warrant. approJJriate Department official, as desig (b) If in Response to Subpenas or De nated in paragraph Cb> of this section. mands of Courts or Other Authori official, The Department officials author--"i decides r ties ~ed to approve production or discloswe p1·oduct1 under this subpart are: SotraCE: Order No. 501-73, 38 P.R. 1741, in!orma' Jan. 18, 1973, unless othenrtsa noted. (1) In the event that the case or other-; the dem matter which gave rise to the demanded § 16.21 Purpose and scope. decision material _or information is or, i! closed, neyGe~ This subpart sets forth the pro was within the cognizance of a division and giVE cedures to be followed. when a subpena, of the Department, the Assistant At-:;.: ney anc orde:r, or other demand ~Office § 0.31 Designating officials to perform torney General. The duties and respon- .21), tl1e fUJ\ctiuns of the Director. sibilities of the Special Prosecutor are set ~ties as In case of a vacancy in the Office forth in the attached appendix below feneral o!. the Director of the Community Re- which is incorporated and made a part l from lations Service, the Deputy Director o! hereof. the Service shall perform the functions {Order 551-73, 38 FR 30738, Nov. 7, 1973) l. 1969, and duties of the Director. ·§ 0.38 Specific fum;tions~ 19397, Determln.lng·, whether or not appl!catton th& Depa.!'tment of Justice, Including Un!tad should bl! made to 11.l!:f Feeeral court !or: 1' Sta.tes _,ttor::ieys, shall cooperate to the !ull g:rant o! immWlity to .an:; witne.ss, con- est extent possible with th& Sp ecial Prwe- stst.en tly wtth appllcable statutory require- cutor. • . . menta, or !or warrants. subpoena.a, or other 2. Bud.get. The Special Prosecutor WUl be court orders; _ __ provided with such !u.od3 ·and !acll!ties to DecldJ!lg·whether o?" not to prosecute any C33:rJ out his responslblllttes a.s he ma.y rea tndlvtdual, :cl.rm, . corporation or group o! sonably require. Re shall have the .rtght.:to lndlvtdua.ls; • aubmit budget requests tor i unds, poelttons, Initiating': and - conducting . prosecutions, - and other assistance, a.::ld such requesta shall tramJ.ng i?ldictments, 1lll.llg 1n!on::iat1on.s.- and receive the h.lghest pr!ortty. . handlll:lg alL~pects o:l any case11-;y.-i!.hin his 3. Designation and respo?'t3tbtUty. The per Jurisdlct1on. (whether 1D.lttated be~ore ~r sonnel acting aa the staff and. assistants or a.!ter his assumption. oL. du~) .. lncluding the Special Pros,,cutcr :>hall be k:Ilowu a.s the any appeals~ _ _ . _ _ Watergate Special Prosecution· -Poree- a.nd coordinating and -dL."eCt1.l:lg the acttrtties 11hall be responsible only to- the Special or all Depa.z:tment o! Justice personnel. in- Prosecutor. ·eluding United States Attorneys; ~ • ___..;.:;·. ;. r Contin~ct reapomi1rllttie$ of Aut.rtant At- . Dea.Ung. wtth .and appearing_ be!ore Con- -"·tO'l"fleY· General, Criminal Divi.ti 12 WATERGATE SPECIAL PROSECUTION FORCE DEPARTMENT OF JUSTICE Memorandum TO Leon Jaworski DATE: Sept. 3, 1974 Henry Ruth SUBJECT: Mr. Nixon The following matters are still under investigation in this Office and may prove to have some direct connection to activities in which Mr. Nixon is personally involved: 1. Tax deductions relating to the gift of pre-Presidential papers. 2. The Colson obstruction of justice plea in the Ellsberg matter. 3. The transfer of the national security wire tap records from the FBI to the White House. 4. The initiating of wire tapping of John Sears. 5. Misuse of IRS information. 6. Misuse of IRS through attempted initiation of audits as to "enemies. 11 7. The dairy industry pledge and its relationship to the price support change. 8. Filing of a challenge to the Washington Post ownership of two Florida television stations. 9•. Fad~se atnd evf~sivet· .teshtimo~y at thet ,~~ K1 ein iens con irma ion eari.ngs as o :,:, t:, White House participation in Department /} "<'.; of Justice decisions about ITT. ';,~ 10. The handling of campaign contributions by Mr. Rebozo for the personal benefit of ~""""-/ Mr. Nixon. 2 None of these matters at the moment rises to the level of our ability to prove even a probable criminal violation by Mr. Nixon, but I thought you ought to know which of the pending investigations were even remotely connected to Mr. Nixon. Of course, the Watergate cover-up is the subject of a separate memorandum. cc: Mr. Lacovara WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W. Washington, D.C. 2000.5 September 4, 1974 Philip W. Buchen, Esq. Counsel to the President The White House Washington, D. C. Dear Mr. Buchen: You have inquired as to my opinion regard ing the length of delay that would follow, in the event of an indictment of former President Richard M. Nixon, before a trial could reasonably be had by a fair and impartial jury as guaranteed by the Consti tution. The factual situation regarding a trial of Richard M. Nixon within constitutional bounds, is unprecedented. It is especially unique in view of the recent House Judiciary Committee inquiry on impeachment, resulting in a unanimous adverse finding to Richard M. Nixon on the Article involving obstruc tion of justice. The massive publicity given the hearings and the findings that ensued, the reversal of judgment of a number of the members of the Republican Party following release of the June 23 tape recording, and their statements carried nation wide, and finally, the resignation of Richard M. Nixon, require a delay, before selection of a jury is begun, of a period from nine months to a year, and perhaps even longer. This judgment is predicated on a review of the decisions of United States Courts involving prejudicial pre-trial publicity. The Government's decision to pursue impeachment proceedings and the tremendous volume of television, radio and newspaper ,>"""ll'~-v·~ • /~:> '•,' <.: (<~ij,,., w ~;ti •;: ' - 2 - coverage given thereto, are factors emphasized by the Courts in weighing the time a trial can be had. The complexities involved in the process of selecting a jury and the time it will take to complete the process, I find difficult to estimate at this time. The situation involving Richard M. Nixon is readily distinguishable from the facts involved in the case of United States v. Mitchell, et al, set for trial on September 30th. The defendants in the Mitchell case were indicted by a grand jury operating in secret session. They will be called to trial, unlike Richard M. Nixon, if indicted, without any previous adverse finding by an investigatory body holding public hearings on its conclusions. It is precisely the condemnation of Richard M. Nixon already made in the impeachment process, that would make it unfair to the defendants in the case of United States v. Mitchell, et al, for Richard M. Nixon now to be joined as a co-conspirator, should it be concluded that an indictment of him was proper. The United States v. Mitchell, et al, trial will within itself generate new pUblicity, some undoubtedly prejudicial to Richard M. Nixon. I bear this in mind when I estimate the earliest time of trial of Richard M. Nixon under his constitutional guarantees, in the event of indictment, to be as indicated above. If further information is desired, please advise me. Sincerely, LEON Special Prosecutor \\. ~ ERGATE SPECIAL PROSECUTION Ft:>..£E United States Department of Justice 1425 K Street, N.W. Washington, D.C. 20005 September 4, 1974 Philip w. Buchen, Esq. Counsel to the President The White House Washington, D. c. Dear Mr. Buchen: You have inquired as to my opinion regard ing the length of delay that would follow, in the event of an indictment of former President Richard M. Nixon, before a trial could reasonably be had by a fair and impartial jury as guaranteed by the Consti tution. ft?The factual situation regarding a trial of Richard M. Nixon within constitutional bounds, is unprecedented. It is especially unique in view of the recent House Judiciary Committee inquiry on impeachment, resulting in a unanimous adverse finding to Richard M. Nixon on the Article involving obstruc tion of justice. The massive publicity given the hearings and the findings that ensued, the reversal of judgment of a number of the members of the Republican Party following release· of the June 23 tape recording, and their statements carried nation wide, and finally, the resignation of Richard M. Nixon, require a delay, before selection of a jury is begun, of a period from nine months to a year, and perhaps even longer. This judgment is predicated on a review of the decisions of United States Courts involving prejudicial pre-trial publicity.)/The Government's decision to pursue impeachment proceedings and the tremendous volume of television, radio and newspaper - 2 - coverage given thereto, are factors emphasized by the Courts in weighing the time a trial can be had. The complexities involved in the process of selecting a jury and the time it will take to complete the process, I find difficult to estimate at this time. ft/The situation involving Richard M. Nixon is readily distinguishable from the facts involved in the case of United States v. Mitchell, et al, set for trial on September 30th. The defendants in the Mitchell case were indicted by a grand jury operating in secret session. They will be called to trial, unlike Richard M. Nixon, if indicted, without any previous adverse finding by an investigatory body holding public hearings on its conclusions./! It is precisely the condemnation of Richard M. N!xon already made in the impeachment process, that would make it unfair to the defendants in.the case of United States v. Mitchell, et al, for Richard M. Nixon now to be Joined as a co-conspirator, should it be concluded that an indictment of him was proper. The United States v. Mitchell, et al, trial will within itself generate new publicity, some undoubtedly prejudicial to Richard M. Nixon. I bear this in mind when I estimate the earliest time of trial of Richard M. Nixon under his constitutional guarantees, in the event of indictment, to be as indicated above. If further information is desired, please advise me. Sincerely, LEON Special Prosecutor WA-iRGATE SPECIAL PROSECUTION FO'RtE United States Department of Justice 1425 K Street. N.W. Washington, D.C 20005 September 4, 1974 Philip W. Buchen, Esq. Counsel to t...1-te President The White House Washington, D. c. Dear Mr. Buchen: You have inquired as to my opinion regard ing the length of delay that would follow, in the event of an indictment of former President Richard M. Nixon, before a trial could reasonably be had by a fair and impartial jury as guaranteed by the Consti tution. The factual situation regarding a trial of Richard M. Nixon within constitutional bounds, is unprecedented. It is especially unique in view of the recent House Judiciary Committee inquiry on impeachment, resulting in a unanimous adverse finding to Richard M. Nixon on the Article involving obstruc tion of justice. The massive publicity given the hearings and the findings that ensued, the reversal of judgment of a number of the members of the Republican Party following release of the June 23 tape recording, and their statements carried nation wide, and finally, the resignation of Richard M. Nixon, require a delay, before selection of a jury is begun, of a period from nine months to a year, and perhaps even longer. This judgment is predicated on a review of the decisions of United States Courts involving prejudicial pre-trial publicity. The Government's decision to pursue impeachment proceedings and the tremendous volume of television, radio and newspaper - - 2 - coverage given thereto, are factors emphasized by the Courts in weighing the time a trial can be had. The conplexities involved in the process of selecting a jury and the time it will take to complete the process, I find difficult to estimate at this time. The situation involving Richard M. Nixon is readily distinguishable from the facts involved in the case of United States v. Mitchell, et al, set for trial on September 30th. The defendants in the Mitchell case were indicted by a grand jury operating in secret session. They will be called to trial, unlike Richard M. Nixon, if indicted, without any previous adverse finding by an investigatory body holding public hearings on its conclusions. It is precisely the condemnation of Richard M. Nixon already made in the impeachment process, that would make it unfair to the defendants in the case of United States v. Mitchell, et al, for Richard M. Nixon now to be Joined as a co-conspirator, should it be concluded that an indictment of him was proper. The United States v. Mitchell, et al, trial will within itself generate new publicity, some undoubtedly prejudicial to Richard M. Nixon. I bear this in mind when I estimate the earliest time of trial of Richard M. Nixon under his constitutional guarantees, in the event of indictment, to be as indicated above. If further information is desired, please advise me. Sincerely, LEON Special Prosecutor / -··---- WATERGATE SPEClA'"-' ROSECUTION FORCE DEP.AR.T.'.viE'.\T OF JUSTtCE Jlifemorandum TO Leon Jaworski DATE: Sept. 3, 1974 SUBJECT: Mr. Nixon The following matters are still under investigation in this Office and may prove to have some direct connection to activities in which Mr. Nixon is personally involved: . 1. Tax deductions relating to the gift of pre-Presidential papers. 2. The Colson obstruction of justice plea in the Ellsberg matter. 3. The transfer of the national security wire tap records from the FBI to the White House. 4. The initiating of wire tapping of John Sears. 5. Misuse of IRS information. 6. Misuse of IRS through attempted initiation of audits as to "enemies." 7. The dairy industry pledge and its relationship to the price support change. 8. Filing of a challenge to the Washington Post ownership of two Florida television stations. · 9. False and evasive testimony at the Kleindienst confirmation hearings as ta White House participation in Department of Justice decisions about ITT. 10. The handling of campaign contributions by Mr. Rebozo for the personal benefit of Mr. Nixon. / ••.. .. 2 , None of these matters at the moment rises to the level of our ability to prove even a probable c riminal violation by Mr. Nixon, but I thought you cugnt to know which of the pending investigations were even remotely connected to Mr. Nixon. Of course, the Watergate cover-up is the s ubject o f a separate memorandum. cc.: Mr . Lacovara WATERGATE SPEGAL PROSECUTION FORCE United States Department of Justice 1425 K Street. N.W . . Washington. D.C. 20005 September 9, 1974 PRESS RELEASE For Immediate Release A spokesman for Special Prosecutor Leon Jaworski today issued the following statement: "In view of the approaching trial of U.S. v Mitchell et al and the order of the court regarding pre-trial publicity entered on March 1, the Special Prosecutor will not discuss the subject of the pardon granted former President Nixon. There will be no further comment on that subject from this 1 office. ' · WATERGATE SPEGAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N.W . . Washington. D.C. 20005 September 9, 1974 PRESS RELEASE For Immediate Release A spokesman for Special Prosecutor Leon Jaworski today issued the following statement: "In view of the approaching trial of U.S. v Mitchell et al and the order of the court regarding pre-trial publicity entered on March 1, the Special Prosecutor will not discuss the subject of the pardon granted former President Nixon. There will be no further comment on that subject from this office.''· Tuesday 9/9/75 4:10 I called Bill Gulley. Sgt. Booher has talked about a lot of things that he really has no knowledge of. He indicated he has knowledge of tapes, taping, etc., and he did not. WHCA did not perform any taping functions in the Nixon years. He has talked so much tla t the Special Prosecutor1 s Office wants to interview him. General Adams thinks WHCA should make no comment; just let them ask him anything they want. Therefore, they recommended to Defense that they go ahead and let him be interviewed. Tuesday 9/2/75 9:50 Bill Gulley called to give you some information. 2150 Sgt. Booher, who used to be with WHCA, has talked himself into a considerable amount 0£ trouble. The Special Prosecutor•s Office requested that this guy be interviewed by them relative to the taping system and/ or systems that he has knowledge 0£ in the White House. Mr. Gulley said that they told De£ens e they had notified them as a matter of 01Durtesy, and unless they heard dilierently they would go ahead and let him be interviewed. Gulley said they1re quite sure he knows nothing. It was handled by the FBL Said if they want to talk about previous administrations, he was not here at that time. - WATERGATE SPECIAL PROSECUTION FORCE United States Department of Justice 1425 K Street, N. W. Washington, D.C. 20005 September 10, 1974 Philip W. Buchen, Esq. Counsel to the President The White House Washington, D. c. Dear Mr. Buchen: Although the copy of the memorandum from Henry Ruth to me, dated September 3, 1974, "Subject: Mr. Nixon", was sent you in confidence, if you are willing to assume the responsibility for its release, I shall raise no objection to your doing so. In the event of its release, we would expect of course that it be made available in its entirety, including the first and last paragraphs of the memorandum. I emphasize this because news media references have been made to a list without pointing to other significant portions of the memorandum. The reported state ment of Senator Scott this morning also falls in this category. Sincerely yours, LEON JAWORSKI Special Prosecutor September 10, 1974 To: Phil L&ccwara From: Phil Bucliea A• we tit.cu•• e4. I am attaclaba a copy of the Elarllchmaa aubpoeaa. ti E\-•..-- 1 2 /7 :•:t•hl!JJ<'U:~ lfl l'rorlUC'C Horuin<•nf ur Cl!'j"'•.rl Cr. Funn No. 21 \He\·. JO.r. 1 l =--:;;....;.o..---'#""'-=-=------. -=·=:==~--==-=--=--=-=-:---.:..-=="= 7-· ·::..:.·.· .~·=--"~< ~- . ..;.. ·. . ~ ~htii·~t: &fntcz D t!itrfrt aLn1u:f F011 'l'IIE DISTRICT OF COLUMDIA I .. UNITED STATES OF AMERICA No. 74-110 v. JOHN M. MITCHELL, et al, To H. S. I Colwnbia District of at John. Marshall and Constitution in the city of Washington, D. C. on the 16th day of September 19 74 at 10:00 o'clockA. :M. to 1.cstif)· in the case of United States v. Mitchell, et al and bring with you (SEE ATTACHED) This subpoena is issued. upon application of 'Llic1 Defendant.· E hrlich.Inan. Aug~!t 2_9 ____ 19 7 4 .ANDREW C. HALL t: //..tr Atton:cv for John D. Ehrlichman •-~~..J.~!...-~!~&.l~~_s_t_r.~~t""--- Mi~'Ih.i"•~ Florida 33130 a 11:sert "United States," or "dcfcndnnt" as the case may be. RETURN Recciycu this subpoena at on and on : at served it on the within n:imed by dclh-crinJ::" a cop~· to h and tendering to h the fee for one day's attendance and the mile- ~•!!C :11lowc:d by law.2 D~tcd: -----····-··-----. ---·------· 19.-~ By. ------·-··---··• l I A T' CITTvrENT TO SU BPOENA TO RODtJCE 1. Notes o! Presidential conversations of John D. Ehrlichman from June 17, 1972 lo and including ~1ay l, 1973, which are stored in reddish-brown binders.· z. The chronological file of correspondence and memoranda o! John D. Ehrlichman from. June 17, 1972 to and including May 1, 1973. 3. All personal•papers of John D. Ehrlichman prepared or received fron1 June 17, 1972 to and including May 1, 1973 which refer to or relate to the following: (a) The Watergate burglary. (b) The proposal for the develop.nlent of and the implementation of intelligence gathering activities for the Committee for the Re-election of the President. {c) The activities of Donald Segretti. (d) The investigation and activities in connection therewith of the "Watergate affair". -· (e) All tape recordings of Presidential conversations involving a -discussion ·of the "-Vvatergate··matter"... . . (f) The logs of telephone calls received or placed by Richard M. Nixon from June 17, 1972 to and 'including May 1, 1973. (g) The logs o! telephone calls received or placed by H. R. Haldeman from June 17, 1972 to and including May 1, 1973. (h) The logs of .telephone calls received or placed by Joh.ii D. Ehrlichman from June 17, 1972 to and including May 1, 1973. (i) The· visitors 1 logs and/or appointment logs o! Richard M. Nixon from June 17, 1972' fo a~d lncluding May 1, 1973. (j) The visitors' logs and/or· appointment logs of H. R. Haldeman £.rom june 17. 1972 to .and including May 1, 1973. : (k) The visitors logs and/or appoil\tment logs o! John D. - Ehrlichman from June 17,· 197Zf~nd includin& May 1, 1973. (1) Any and a.11 records of any person, rriai!ltaincd at the :,•lhitc House, which refer to or relate to the "Watergate matter" from June 17_ 1972 to und.inclucling j ..· tar 1. 1973. . . ~- ·. . l .· ·' SeP*ernl»er 10, l974 To: Phil Laccwara From: Phil Buchen A• we dt.euaaecl, I am atta.c:laiag a COPY' of the Eb.rlicluna.n ••bpoena. rl 1.:.\';' l .: / /1 :.::1·l~rnaj(l l'rorJu('C l>nrmn<•nl ··.- Cl!•jl•rl Cr. Fo1111 No. 21 'lHc\'. JO.r.1) :;_..;;;.~~---·:.a--:-:.;.... ------. - :.;;:~.=.,~~.:_.-:;.;..-::-...;-:-:~~=-=::.=:; .....,, !f='"-· .. ::.:.·.· .~·=-:.;...;.--:.; : • • -:. .. .. '-" Fon 1'IIE DISTRICT OF COLUMDIA • UNITED STATES OF AMERICA No. 74-110 Y. JOHN M. MITCHELL, et al, To H. S. I District of Columbia at John Marshall ·and Constitution in the city of Washington, D. C. on the 16th day of September 19 74 at 10:00 o'clock A. :r.I. tc:> 1.c.stify in the case of United States v. Mitchell, et al and bring wit.h you {SEE ATTACHED) This subpoena is issued_upon application of thc1 Defendant.· E hrliclunan. ANDREW C. HALL----- .'«·.~ ,.:,.. -' Attorr.cv for John D. Ehrlichman •-~9. Yi '---n~filM..l>J_i:.f;.~t;;..__ _ Mfa'rhi.. .-" Florida 33130 a Ir.!lert "Uniud States," or "defendant" as the case may be. RETURN Reccivccl this subpoena. at on a~oo ~ scrvl.:?d it on the within 11:imed by dcli\·crin$! n cop~· to h and tendering to h the fee for one day"s attendance and the mile- H!!C allowr:d by lnw.i D=:tcd: ---·-·······--···-·· . ' 19._....:... By. ·------··--··• AT1 .:;1nviENT TO SU BPOENA TO - ~ ODUCE 1. Notes of Presidential conversations of John D. Ehrlichman Irom June 17, 1972 lo and including l\1ay 1, 1973, which are stored in reddish-brown binders.· z. Thd chronological file of correspondence and memoranda of John D. Ehrlichman from June 17, 1972 to and including May 1, 1973. 3. All personal•papers of John D. Ehrlichman prepared or received from. June 17, 1972 to and including May 1, 1973 which refer to or relate to the following: (a) The \Vatergate burglary. (b) The proposal for the develop.ment of and the implementation of intelligence gathering activities for the Committee for the Re-election of the President. (c) The activities of Donald Segretti. (d) The investigation and activities in connection therewith of the "V{atergate affair". · (e) All tape recordings of Presidential conversations involving a ·d.i-scussion ·of the 11-Watergate--matter".. . . (f) The logs of telephone calls received or placed by Richard M. Nixon from June 17, 1972 to and 'including May 1, 1973. (g) The logs of telephone calls received or placed by H. R. Haldeman from Jwie 17, 1972 to and including May 1, 1973. (h) The logs of telephone calls received or placed by Joh.ii D. Ehrlichman from June 17, 1972 to and including May 1, 1973. (i) The visitors' logs and/or appointment logs of Richard M. Nixon lrom June 17, 1972° fo a~d fncluding May l, 1973. (j) The visitors' logs and/or appointment logs of H. R. Haldeman lrom June 17, 1972 to and including May l, l973. (k) The visitors logs and/or appoi11_t~ent logs of John D. Ehrlichman fron-i June 17,· 1972/and includin& May 1, 1973. (1) Any and oi.11 records o! any person, mai:it;iincd at the W'hilc House, which refer to or relate to the "Watergate matlc r" .. . -...... from June 17, 1972 t.o a1id ·including j"-Iar--1• 1973. .· WA'n:RGATE SPECIAL PROSECUTION FORCE United States Department of Justice t425 K Street. N. W. Washin&ton, D.C. 20005 September 10, 1974 Philip W. Buchen, Esq. Counsel to the President The White House Washington, D. c. Dear Mr. Buchen: Although the copy of the memorandum.from Henry Ruth to me, dated September 3, 1974, "Subject: Mr. Nixon", was sent you in confidence, if you are willing to assume the responsibility for its release, I shall raise no objection to your doing so. In the event of its release, we would expect of course that it be made available in its entirety, including the first and last paragraphs of the memorandum. I emphasize this because news media references have been made to a list without pointing to other significant portions of the memorandum. The reported state ment of Senator Scott this morning also falls in this category. Sincerely yours, LEON JAWORSKI Special Prosecutor .. ;-,: ,.,,. T ed 9/10/74 1:35 L on J or kl ould ppr ciat call.