# Appendix — Nixon v. Administrator of General Services > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_2329%3A03 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1977 - **Citation:** 433 U.S. 425 ## Text , Supicme Court, U. S. FILED JAN 17 1977 MICHAEL RODAK, JR., CLERK IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 1976 No. 75-1605 RICHARD NIXON, Appellant, , ADMINISTRATOR OF GENERAL SERVICES, et ai., Appellees, THE REPORTERS COMMITTEE FoR FREEDOM OF THE PREss, et al, JACK ANDERSON, LILLIAN HELLMAN, et ai., Intervenor-Appellees. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA APPENDIX [Volume II — Pages 357-714] FILED MAY 3, 1976 PROBABLE JURISDICTION NOTED NOVEMBER 29, 1976 eed Washington, O.C. + THIEL PRESS - (202) 638-4621 _ i ———— —_ eT a — ree ae a te (1) TABLE OF CONTENTS i ee ee eke ce be ee ea 6 68 B. Complaint by Plaintiff Nixon ................ C. Plaintiff's Motion for Preliminary Injunction SPD 6.666 be Oh. cb. tee C ROH e CCD Cb CCR (2) Letter from Richard Nixon to Arthur F. Sampson, September 6, 1974 ............ (3) Appendix to Plaintiff's Memorandum In Support of Motion for Preliminary In- DUR c wc ence ec cccceeseresecevecs (a) Memorandum of the Library of Congress, Congressional Research Service, “Owner- ship of Presidential Papers,’’ dated Sep- Se as 6 cea echoes caceeecsee (b) Letter from James E. O’Neill, Acting Archivist of the United States, to J. William Heckman, Chief Counsel, Senate Subcommittee on Constitutional Amend- ee, Ge Oe, De bn 5 6 bh bbe eee (c) Letter from Herbert Hoover to Franklin Floete, Administrator of General Services, i Ne eas (d) Letter from Harry S. Truman to Jess Larson, Administrator of General Ser- vices, January 17, 1953 ..........+..4-. (e) Letter from Jess Larson to President Harry S. Truman, January 19, 1953...... (f) Letter from Harry S. Truman to Franklin Floete, Administrator of General Services, £8 err rrerTrTerrrTe (g) Letter from Franklin Floete to Harry S. Wee, GE es ET caceocceescececs (h) Letter from Dwight D. Eisenhower to Franklin Floete, Administrator of Gen- eral Services, April 13, 1960 ........... = ) » (i) Letter from Jacqueline B. Kennedy, Robert F. Kennedy, and Edward M. Kennedy to Bernard L. Boutin, Admin- istrator of General Services, February ES Pee ee 2 le he eee 89 (j) Letter from Jacqueline B. Kennedy, Robert F. Kennedy, and Edward M. Kennedy to Lawson B. Knott, Jr., Acting Administrator of General DOUUENGR, TEND, BOG. c occ ce teccesececes« 95 (k) Letter from President Lyndon B. John- son to Lawson B. Knott, Jr., Admin- istrator of General Services, August Pe CE 6 Obs oh COURS Eb ns bd OH 086 8s 96 (1) Letter from Lawson B. Knott, Jr., to President Lyndon B. johnson, August Sap CUED cones we ean ee et eeec ees iceees 103 (m) Affidavit of James E. Rocap, III, with attachments showing current document holdings in Presidential Libraries .......... 104 (n) Agreement Between Richard Nixon and Arthur F. Sampson for Deposit of Presidential Materials, dated September GD, BRPS ccc ccccecesacsserasteteoceee 109 . Answer of Defendants United States and Adminis- es ae Ss Se « & 6 co ik 60.6 6% eed ieee vs 115 . Order of the Lower Court finding that three-judge court was properly convened, granting motions to intervene, and requesting briefs on proced- ural and evidentiary matters, May 1, 1975 ......... 123 . Complaint by Intervenor-Plaintiff Anderson......... 125 . Answer and Counterclaim by Intervenor-Defen- Gant Special Prosscmter . ww ccc cc ccceccseceees 130 (1) Agreement between the President, Special Prosecutor, General Services Administrator and Secret Service Director, November 9, POP hab beh bh-08 CREE VO odes cbs ckweus 142 (itt) H. Answer by Intervenor-Defendants Reporters Com- mittee for Freedom of the Press, etal. ..........-. I. Answer by Intervenor-Defendants Lillian PE GRE ccc ce cece eee SenceSeeerneoesere J. Memorandum of the Special Prosecutor in Response to the Court’s Order of May 1, BOTS ccc dec reciesesseessesoecevibesecoces K. Plaintiff Nixon’s Evidentiary Submission........... (1) Affidavit of Richard Nixon...........6.+6: (2) Affidavit of John S.D. Eisenhower, with BE cece vec ee cere aeseceesesencos (cs ree Tee eee ee ee (4) Affidavit of Raymond G. Larroca ........... (5) Description of the White House Taping DUE Bebb dew eee de wecereseseeseeses (6) Text of a Legal Opinion By The Attorney General, September 6, 1974 ...........-..4--. L. Evidentiary Submission of Defendants United States and Administrator of General Services........ (1) Affidavit of Harry J. Middleton, Director, Lyndon Baines Johnson Library, with BMD cc reece ss ocecceseoeeseseeene (2) Affidavit of William R. Emerson, with Exhibits, July 22, 1975 .....ccccvcccccece (3) Affidavit of William R. Emerson, Director of Franklin D. Roosevelt Library, July FPA Fr a rere ee ER (4) Affidavit of Jeanne W. Davis............-+-. (5) Affidavit of John Stewart..........-.-45244- (6) Affidavit of Daniel J. Reed................ (a) Chattel Deed from Richard M. Nixon to the United States of America, i Se eo Ce Cac ee sees (b)Chattel Deed from Richard M. Nixon to the United States of America, rr a ee eee ob ase &'s 155 268 273 (wv) r M. Letter from the Comptroller General of the United =. States to the Honorable Joseph M, Montoya, September 20, 1974 ....ccescvcces TEPER EEE 276 N, Intervenor-Defendants Reporters Committee for Freedom of the Press, et al, Evidentiary Sub- mission and Response to Plaintiff's Request SOF SEED nc t Code CadecetCocccesécececue 296 (1) Affidavit of Georg E. Reedy .......4454. »++ 302 (2) Affidavit of Paul Henry Nitze .......66. coee 906 (3) Affidavit of Morton H, Halperin .......... .. Sil (4) Affidavit of James MacGregor Burns ......... $17 (5) Affidavit of Peter Lisagor .. 6... 66 ce ee eee $20 (6) Affidavit of James M. Naughton ....... 06465 $22 (7) Affidavit of Julian P, Boyd... 6... cae cocee OM (8) Memorandum from William F, Matthews re: Disposition of Files in Central Files, Maren 7, UOTE wcccccccccccccccceececee $82 O, Plaintiff Nixon's Supplemental Evidentiary Presen- | UEP ERECELEEELEREEEELELEEE Ee .» 336 (1) Affidavit of Richard A, Jacobs .. 0... 66 ce eee $39 (a) Letter from Herbert Hoover to Franklin Floete, December 15, 1960 ...... oseeeee 349 VOL, ll (b) Letter from Harry S, Truman to Jess Larson, January 17, 1959... ee ees $57 (c) Letter from Harry 8, Truman to Franklin G, Floete, February 12, \ [errr rrrnr ire frie ei a ee re ee ee ee $60 (d)Letter from Dwight D. Eisenhower to Franklin Floete, April 13, 1960,........ .. 366 (e) Letter from Jacqueline B, Kennedy, et al, to Bernard lL. Boutin, February 25, 1965 .... 371 (f) Letter from Burke Marshall to Dr, James B. Rhoads, August 20, 1966......... ores OF (v) Page (g) Letter from Jacqueline B, Kennedy, et al, to Lawson B, Knott, Jr., May 5, 1965 ...... 583 (h) Letter from Lyndon B, Johnson to Lawson B, Knott, Jr., August 15, 1965, ..... $84 (i) Letter from Lawson B, Knott, jr. to President Johnson, August 17, 1965. ....... $91 (j) Letter from Lyndon B, Johnson to Lawson B, Knott, Jr., December 19, De cbede Sebo eeeeeeeeeeeeeeceeeee $92 (2) Affidavit of Thomas P, Wolf... 6.66 ee eee $95 (3) Affidavit of William F, Matthews, July 7, Pee eee ee 8 e *eeeeeeeeeeee 598 (4) Affidavit of Gertrude Fry... 6 ee 403 (5) Affidavit of John C, Broderick, .... 6.6644. ~» 407 (6) Affidavit of Jack Alvin Albright... 6.6.6. 66665 415 (7) Affidavit of Mildred Stegall... 6.66 eee 416 (8) Affidavit of John R, Hubbard... ....... oe» 418 P. Plaintiff's Brief in Support of Claim For Perman- ent Injunctive and Declaratory Relief (Part Ill) ...... 421 Q, Stipulation Between the Parties re: Use in Lith gation of Letters from Presidential Libraries ........ 442 (1) Letter from Thomas T. Thalken to R. Stan Mortenson, July 17, 1975 2. 6 ee eee 445 (2) Letter from William R. Emerson to R, Stan Mortenson, July 25, 1975... 666 wee ee 447 (3) Letter from Benedict K. Zobrist to R. Stan Mortenson, with enclosures, July BS, UOTE cccccccccccves TEETER EE 452 (4) Letter from John EB, Wickman to R, Stan Mortenson, July 18, 1975. ......0eeeeeeees 460 (5) Letter from Dan H, Fenn, Jr. to R, Stan Mortenson, July 23, 1975... . 0.0 cee ee eens 4635 (6) Letter from Harry J. Middleton to R, Stan Mortenson, with enclosures, July 14, 1973 woe cccccees eoeeeeee voeeees 466 (vt) R. Motion of the Special Prosecutor for Leave to Withdraw Sees @& Cee? 2 ee ea Ss peceeeeeeeeee Ge S. Order of the Lower Court granting Motion of the Special Prosecutor for Leave to Withdraw, September 17, 1975 * ©#=e #e *eeseeeeseeesee#eeernr@*ee#e#eee#ee#es: 487 T. Joint Memorandum of Intervenor-Defendants In Opposition to Plaintiff's Request for injunctive and Declaratory Relief (Appendix I)... eee eee . 488 U, Notice of Appeal to the Supreme Court of the United States .....5006% TEETEREEEEE eccccee V. Motion of Defendants to Amend the Lower Court's Order of January 7, 1976 (0) Matlem cccccccceccecccceceseesccecese Ge (2) Affidavit of James B. Rhoads... 6.6.6 eee es 498 W. Order of the Lower Court granting Motion of Defendants to Amend January 7, 1976 Order, April 15, 1976 ...cccceccees TETEEEEEL EEE -» 502 X. Deposition of Richard M, Nixon ....... cccccccce OO (1) Exhibits to Deposition... 6... 6665 TeYiTrTT: . . Y. Deposition of Jeanne Davis... 66 ce eee 658 Notes: The Opinion of the lower court is printed at 408 F, Supp. 321, and is found in Appendix A to Appel- lant’s Jurisdictional Statement, pp. la-106a, The Order of the lower court is found in Appendix B to Appellant's Jurisdictional Statement, pp. 107 108a, The Presidential Recordings and Materials Preserva- tion Act, Pub, Law 93-526, 88 Stat, 1695, 44 U.S.C, §2107 note, 3315-24, is found in Appendix D to Appellant's Jurisdictional Statement, pp, 107a-123a, ek — $57 9. Literary Property Rights: There are hereby assigned to the United States all of the literary property rights of Herbert Hoover in all his papers which may be transferred to the United States in accordance with the terms and conditions herein ex- pressed, except that there is reserved to Herbert Hoover and his heirs (a) the right to make any use of such papers and (b) all literary property rights in any works that he or they have written or may hereafter write for publication. The foregoing reservation includes the right to lic ase any publisher of such material. EXHIBIT B THE WHITE HOUSE Washington January 17, 1953 My dear Mr. Larson: As | am sure you are aware, it is my earnest desire that my personal papers be preserved and ultimately made available for historical research. You are also familiar with the project to raise funds by private subscription for the construction of a library at (.randview, Missouri, to serve as a depository for these and other papers and documentary materials deemed to be of potential interest to scholars. It is the intent of the sponsors of the project to present the library building and grounds to the United States if the Congress by appropriate legislation will accept the property and provide for its maintenance and operation. It would be my wish upon consummation of such an arrangement that title to my papers deposited in the library pass to the United States and the papers themselves become a part of the National Archives. 558 I therefore propose, as a preliminary step toward such a disposition, to offer my personal papers for deposit in the National Archives pursuant to the provisions of section 507(e) of the Federal Records Act of 1950. Members of my staff have been discussing with representatives of your Administration certain problems in connection with the custody, storage, and review of the papers pending the completion of the library project and the making of a definitive offer to deposit. I am advised that the plans outlined herein are in accord with the conclusions reached at these conferences. My personal papers consist mainly, of course, of those accumulated by me during my tenure as President of the United States, but there are some which I acquired while Vice President and Senator, and others which relate to earlier periods in my life. I propose to retain all of these in my personal possession when I leave office, and to move them to a secure place of storage under guard in Kansas City, Missouri. There I intend to review them and prepare them for ultimate deposit under section 507(e) of the Records Acts. I am requesting you to designate two or three experienced archivists to work with me on this project. I should expect to be consulted regarding the particular individuals to be assigned to the work. It is my understanding that you have the authority to detail personnel to review or assist in the review of the papers, preliminary to and in connection with a proposed offer for deposit under the provisions of section 507(e) of the Records Act, and that this power is derived from the provision of section 507(a)(3) of the same Act authorizing you “to direct and effect the transfer of materials from private sources authorized to be received by the Administrator by the provisions of subsection (e) of this section.” — cs 359 As has been indicated, this letter is not to be construed as a definitive offer for deposit within the meaning of section 507(e) of the Records Act, but only as a preliminary offer or proposal to deposit. It is my firm intention, however, to offer the great bulk of my personal papers for deposit under the cited section or under whatever similar provision is included in the acceptance legislation in the event that the proposed library at Grandview is constructed and is accepted by the Congress. Alternatively, if the project for construc- tion of the library shoud be abandoned or fail of accomplishment within a reasonable time, I intend to make an offer for deposit under section 507(e), and to make appropriate provision therefor in my will. It is not my purpose to pass title to any of my personal papers at this time by virtue of the proposals outlined herein nor to make any binding commitment as to just what papers will be offered for deposit. There will be some few papers which for sentimental reasons I may wish to give to relatives or friends. There will undoubt- edly be in the files many papers having no historical value either because they are duplicated elsewhere in official records or because they were of purely transitory interest. Such items can be eliminated in the course of the reviews contemplated, so that the material deposited will not be unnecessarily volumious. During the interval prior to deposit of the papers, I expect to be working on them and using them to refresh my recollection, consequently I wish to keep them available for my use in connection with ay studies and any writing I may do. Furthermore, I contemplate that when my offer for deposit is made I shall impose restrictions upon the use of certain of the papers for varying periods as may be authorized by law. Such restrictions have customarily 360 been imposed by my predecessors or their heirs in making deposits of Presidential papers. | I hope that satisfactory arrangements for the preserva- tion and eventual deposit of my papers in the National Archives can be worked out along the lines indicated above. Sincerely yours, /s/Harry S. Truman Honorable Jess Larson, Administrator General Services Administration Washington, D.C. EXHIBIT D Harry S. Truman Federal Reserve Bank Building Kansas City O, Missouri February 12, 1957 Honorable Franklin G. Floete Administrator of General Service General Services Administration Washington 25, D.C. Dear Mr. Floete: As you know, it has long been my desire to give to the United States the papers accumulated during my years in public office and the other historical materials, mementos, objects of art and other memorabilia acquired by me as President during my term of office, to the end that the people may have those things available for study Oa nents WO SENECA te RNAI, Lye SO Niele, 5 nnd Meee ate a el, n, bil binant. : has OE Gal Ie 361 and research, and for their enjoyment and education. In pursuit of this objective, a Library building has been constructed in the City of Independence, by public subscription, suitable for housing, preserving and exhibit- ing these papers and materials. This building is now nearing completion, and it is the intention of the Harry S. Truman Library, Inc., the non-profit corporation which has financed and erected it, to present it as a gift to the United States on certain conditions, and provided the United States will maintain, operate and protect it as a Presidential archival depository as provided in the Federal Property and Adminstrative Services Act of 1949 as amended (65 Stat. 695). At this time, therefore, under the terms of the said statute, I offer my papers and other historical materials as hereinafter described to the United States on condition that they will be preserved and made available pursuant to restrictions imposed by me, and on condition that they be accepted by the United States on the terms and provisions hereinafter set forth. 1. I offer to the United States all my right, title and interest in my papers now stored in the Memorial Building on Maple Avenue and Pleasant Street in the City of Independence, Missouri. These include substantially all the papers which were in the files of the White House when I relinquished the office of President. They also include a number of other files accumulated by me in my public offices prior to that time, and are estimated to total several million documents. 2. I offer to the United States all my right, title and interest in my other papers relating to my public offices wherever located or stored, with the exception of certain papers determined by me, or in the event of my death by my executors or personal representatives, prior to the transfer therof, to be related in whole or in part to the 362 business or personal affairs of myself or my family (which term as used in this offer shall include my wife, mother, daughter, brother, sister, nephews or nieces). 3. I offer to the United States all the other historical materials collected during my tenure of public office now belonging to me which are located in Jackson County, Missouri, or elsewhere, other than in my private residence in the City of Independence, Missouri, and which shall not prior to the transfer thereof be marked, labelled or otherwise designated to show a reservation of title in me, or which shall not have been received for the business or personal use of myself or my family. The term “historical miaterials’’ as used in this offer shall bear the same meaning as defined in the Federal Property and Adminis- trative Services Act of 1949 as amended (69 Stat. 695). 4. The offers contained in paragraphs 1, 2 and 3 hereof shall lapse and become ineffective unless within one year from the date hereof the United States shall accept the offer of the Harry S. Truman Library and the land surrounding said building now under construction in the City of Independence, Missouri, and shall agree to maintain and operate it at all times thereafter as a Presidential archival depository for the storage of the papers and the other historical materials included in such offers in accordance with the provisions of the Federal Property and Administrative Services Act of 1949 as amended. 5. Upon the acceptance and agreement mentioned in the preceding paragraph, the papers described in para- graph 1 will be transferred to the United States for storage in said building as soon as possible; and the papers and historical materials described in paragraphs 2 and 3 hereof shall be transferred from time to time as shall be agreed upon by the Administrator of the General Services Administration and me or my executors or representa- tives. | 4 ; i 4 ; LI PI SN Nia oe ED SS UGIAED Neha NEEL Maile snk Nici Doi tpl a alae cust Pre KR 4 onc? 4 363 6. or my executors or personal representatives shall be the sole judge of (a) which papers relate to my various public offices and which relate to the personal or business affairs of myself or my family, and (b) which of my other historical materials were received for the business or personal use of myself or my family. 7. All papers and other historical materials which shall be transferred pursuant to the foregoing to the United States shall be kept permanently in the said Harry S. Truman Library, after the United States shall have accepted and agreed to maintain it as set forth in paragraph 3, subject to the right of the Archivist of the United States in his discretion (a) to make temporary loans thereof to such persons, organizations or institu- tions as he shall determine, (b) to dispose by sale, exchange or otherwise of any such papers or historical materials which he may determine to have no permanent value or historical interest or to be surplus to the needs of the Harry S. Truman Library, and (c) to remove from the said Library any and all of such papers or historical materials if he shall deem it necessary to preserve them from threatened destruction. 8. All papers transferred by me or my representatives to the United States shall be freely accessible at all reasonable times to me or to persons designated by me in writing during my life or after my death to the persons designated by me in my will. 9. It is my purpose to make the papers and other historical materials referred to herein available for the purpose of study and research as soon as possible and to the fullest possible extent. However, since the President of the United States is the recipient of many confidences from others, and since the inviolability of such confi- dence is essential to the functioning of the constitutional office of the Presidency, it will be necessary to withhold 364 from public scrutiny certain papers and classes of papers for varying periods of time. Therefore, for the time being, the following classes of papers shall be withheld from inspection by, and their contents shall be kept confidential and shall not be divulged to, anyone (including public officials) other than (1) regular employees of the National Archives and Record Service performing normal archival services on such papers under the general supervision of the Archivist of the United States, and (2) myself and persons authorized by me in my will or otherwise to have access to such papers on my behalf, pursuant to paragraph 8 hereof: (a) Papers that are classified as to secrecy and security pursuant to law until such classification shall be removed. Such classification shall be reviewed from time to time; and (b) Papers containing statements which may in any manner injure, embarrass or harass any living person or the living members of the family of any deceased person, or papers which may in any manner be prejudicial to the conduct of foreign relations with any government, or papers contain- ing statements made by or to me in confidence in any official capacity. 10. Subject to my approval or the approval of the persons designated by me in my will or otherwise to act after my death with respect to these papers and historical materials, the employees of the National Archives and Record Service may perform the services necessary to the classification of the papers in accordance with the foregoing paragraph, and may place any withheld papers in special files where they shall be available only to me or to such persons or employees. “ee oy ea te nb ae tothe Rg one en He ‘ 365 11. All papers withheld in accordance with the foregoing provisions shall be reexamined from time to time by employees of the National Archives and Records Service under the direction of the Archivist of the United States and, subject to approval by me or by persons designated by me in my will or otherwise to act after my death with respect to those papers and _ historical materials, shall be opened to general use as soon as the passage of this or other circumstances have removed the conditions that justify their being temporarily withheld. 12. All competent private persons interested in using the papers for purposes of serious scholarly research shall be granted equal access to the papers that are not withheld in accordance with the foregoing. 13. I hereby assign to the United States all my literary property rights in all papers which may be transferred to the United States in accordance with the terms and conditions herein expressed, except that J reserve to myself and my heirs (a) the right to make any use of such papers and (b) all literary property rights in any works that I have written or may hereafter write for publication. The foregoing reservation includes the right to license any publisher of such material. Sincerely yours, /s/Harry S. Truman Harry S. Truman 366 EXHIBIT F THE WHITE HOUSE Washington April 13, 1960 Dear Mr. Floete: The papers of a President, which from the time of George Washington have been regarded as the personal property of the President, have, inescapably, a direct and important association with the history of our country. Believing that they should be permanently and generally available for study, I desire that my papers should be made so available and believe that this can best be done through a Presidential archival depository, as provided by the Federal Property and Administrative Services Act of 1949, as amended. The Eisenhower Presidential Library Commission, an agency of the State of Kansas, now has under construc- tion in the City of Abilene a library building, financed by public subscription, where it is proposed to house my Presidential and other papers. This building is appro- priately situated on land adjacent to my boyhood home and to a museum, both of which are maintained by the Eisenhower Foundation, a non-profit corporation orga- nized under the laws of Kansas. When the Library building has been completed, the Commission intends to present it, together with equip- ment and grounds, as a gift to the United States, on condition that the United States will maintain and operate this Library as a Presidential archival depository under the provisions of the above cited Act. Therefore, in furtherance of this plan and in accordance with the provisions of that Act, I now offer as a gift to 367 the United States such of my papers and other documentary materials as are hereinafter described, on condition that these papers and materials will be accepted, preserved, and made available by the United States under the following terms: 1. Upon the close of my term in office, I shall cause to be transferred to the United States for deposit in the Library at Abilene the bulk of my papers in the White House office, estimated to include several million documents. 2. Other documents, stil] in my possession, including the remainder of my Presidential papers, the papers accumulated by me before my inauguration as President, and other documentary materials, includ- ing books, still pictures, motion pictures, and sound recordings, shall be transferred to the United States for deposit in said Library from time to time as shall be agreed upon by the Administrator of General Services or his representative and me or my represen- tative, except those papers and other documentary materials which shall, before or after my leaving the Office of President, be determined by me or my representative to be excluded from this offer by reason of private or personal ii est in such papers or materials on my part or on the part of a member of my family. 3. The offer of the papers and other materials described in paragraphs 1 and 2 hereof is conditioned upon acceptance by the United States of the offer of the land and buildings comprising the Eisenhower Library at Abilene, Kansas, and upon its agreement to maintain and operate the Library at all times thereafter as a Presidential archival depository for the storage of such papers and other materials, in accordance with the provisions of the Federal 368 ' Property and Administrative Services Act of 1949, as amended, such acceptance and agreement to be effected within 90 days after the end of the period described in the second proviso to section 507(f) (1) of said Act. All papers and other documentary materials which shall be transferred to the United States pursuant to the foregoing shall be kept in the Library perma- nently, subject to the right of the Administrator of General Services in his discretion (a) to make temporary loans thereof to such persons, organiza- tions, or institutions as he shall determine, (b) to dispose by sale, exchange, or otherwise of any such papers or documentary materials which the Archivist of the United States may determine to have no permanent or historical interest or to be surplus to the needs of said Library, and (c) to remove from said Library any or all such Papers or documentary materials if he deems it necessary to preserve them from threatened destruction. All papers and other documentary materials trans- ferred to the United States pursuant to the foregoing shall be accessible at all reasonable times to me, my son, my representative, or to other persons author- ized in writing by me or my son to have access to such papers. 6. It is my purpose to make the papers and other documentary materials donated to the United States by the terms of this instrument available for purposes of serious research as soon as possible and to the fullest extent possible. However, since the President of the United States is the recipient of many confidences from others, and since the inviolability of such confidences is essential to the functioning of the office of the Presidency, it will be necessary to 369 withhold from public scrutiny certain papers and classes of papers for varying periods of time. In pursuance of this objective and in accordance with the provisions of Section 507(f) (3) of the Federal Property and Administrative Services Act of 1949, as amended, conditions are imposed on the use of my papers as provided in paragraphs 7 through 10 immediately following. Subsequent to the execution of this instrument, the Administrator of General Services shall have the papers that are transferred to the United States reviewed and shall place under seal the following classes of materials: a. Papers that are security-classified pursuant to law or Executive Order, until such classification shall be removed. b. Papers the use of which may be prejudicial to the maintenance of good relations with foreign nations. c. Papers containing statements made by or to me in confidence. d. Papers relating to my family or private business affairs, and papers relating to the families or private business affairs of persons who have had correspondence with me. e. Papers containing statements about individuals which might be used to injure or harass them or members of their families. f. Such other individual files as I, or my representa- tive, or the Administrator of General Services may specify. Papers placed under seal shall not be made available to anyone or their contents divulged to anyone 10. ll. 12. 370 (including public officials) except (a) persons author- ized under the terms of paragraph 5 above, and (b) officials and employees of the National Archives and Records Service when performing essential archival work processes on such papers under the supervision of the Administrator of General Services. All papers placed under seal in accordance with the foregoing provisions shall be reexamined from time to time by officials and employees of the National Archives and Records Service under the direction of the Administrator of General Services and, subject to approval by me or my representative, shall be opened to research use as soon as the passage of time or other circumstances have removed the conditions that required that they be put under seal. All competent private persons interested in using my papers for serious scholarly research shall be granted equal access to those that are not withheld from use according to the foregoing, subject to the regulations issued by the Administrator of General Services governing the use of papers and other documentary materials in the Library. Title to my papers and other documentary materials and the literary property rights in my papers, shall pass to the United States as such papers and materials are transferred to the United States under the terms and conditions herein expressed, except that I reserve to myself and to my heirs (a) a right to make any use of any of these papers in writing for publication, and (b) literary property rights in any works that I have written or may hereafter write for publication. These reservations include the right to license any publisher of any such work. My representative for purposes of paragraphs 2, 5, 7, 8 and 9 shall be such person or persons as I may ee Me Mee, ee ee ee ins ted. Saesia ah iok esis ae nats tea 5 371 designate in a letter filed with the Administrator of General Services. In the event that at any time after my death there should be no representative so designated, my representative shall be my son John Eisenhower, or such person or persons as he may designate in the same manner. The detailed conditions described in this letter have been drawn up in accordance with known precedents and with the cooperation of officials of your office and of the National Archives. Permit me to express my deep appreciation of the help that all these individuals have given me. With personal regard, Sincerely, /s/Dwight D. Eisenhower The Honorable Franklin Floete Administrator of General Services Washington, D.C. EXHIBIT G Honorable Bernard L. Boutin Administrator of General Services Washington, D.C. 20405 Dear Mr. Boutin: FIRST: The late John Fitzgerald Kennedy had said many times both publicly and privately that it was his intention to place certain of his papers and other historical materials in a Presidential archival depository in Massa- chuseits, in the form of a Library bearing his name, and 372 had encouraged, and participated in, and arranged for the planning of such an institution. SECOND: Accordingly, in fulfillment of such stated intention and arrangement, it is our desire to give and deliver to the United States of America for the purpose of ultimate deposit in the said Presidential archival depository in Massachusetts, the papers, documents, historical materials, mementos, objects of art, and other memorabilia, including books, motion pictures, still pictures and sound recordings, hereinafter called ‘Mate- rials,’ formerly belonging to and relating to the life and work of John Fitzgerald Kennedy, and which he intended should be so deposited. THIRD: Therefore, we, the undersigned Jacqueline Bouvier Kennedy and the Executers and Trustees of the estate of John Fitzgerald Kennedy, deceased, hereinafter called the “Donors,” hereby convey, assign, give, and donate to the United States of America, hereinafter called the ‘““Donee,” effective as of November 22, 1963, and subject to the conditions and restrictions hereinafter set forth, all of our right, title, and interest to the Materials above described, hereinafter called “Materials,” as our right, title, and interest may appear, including but not limited to those Materials now stored at the White House, the Executive Office Building, The National Archives Building, or at such other place or places where such Materials may be found, subject, however, to the specific understanding and agreement that: (i) This gift and transfer shall not and is not intended to apply to or embrace such items as John Fitzgerald Kennedy had not intended to be deposited in said Presid-ntial archival depository, or which are deter- mined by the Donors to be of special or private interest to the personal, family and business affairs of John Fitzgerald Kennedy, his wife and children, parents, brothers and sisters. 373 (ii) The Donors shall have and specifically reserve the right to retain title and possession and to regain possession of any items that the Donors in their sole discretion may determine in accordance with this paragraph the Third arc excluded from the purview of this gift, irrespective of the fact that such items may have been theretofore delivered to the Donee. (iii) For the purposes of effectuating the provisions of subparagraphs (i) and (ii) of this paragraph the Third, the Donors shall have and specifically reserve the right to examine, at any time or from time to time prior to January 1, 1967, either themselves or through author- ized representatives, any Materials from time to time in the possession or custody or under the control of the Donee, and wheresoever the same may be situated, for the purpose of determining and designating any such Materials as being excluded from the purview of this gift, provided, however, that examination of security- classified information shall be in accordance with applicable law or Executive Order relating to security- classified defense information. (iv) The Donee shall, as soon as is reasonably possible, and upon written notice from the Donors of such designation, deliver to the Donors any items so designated by the Donors pursuant to subparagraph (iii) of this paragraph the Third as excluded from the purview of this gift. (v) Mrs. Jacqueline Bouvier Kennedy shall have and specifically reserves the right to borrow from the Donee without formality such materials to which this transfer applies as she may wish for her personal use, examination, or display either by herself or by anyone she may select or approve, and any Material so borrowed shall be returned to the Donee within a reasonable period of time. 374 FOURTH: All Materials to which this transfer is applicable shall be maintained by the United States and stored at such place or places as may be designated by the Administrator of General Services until the completion and acceptance by the United States, pursuant to section 507(f) of ‘the Federal Property and Administrative Services Act of 1949, as amended, of the proposed John F. Kennedy Library, at which time the Materials shall be deposited in that Library and administered in accordance with the pertinent provisions of that Act. FIFTH: It is the Donors’ wish that all Materials donated to the Donee hereunder be made available for research use as soon as possible and to the fullest extent possible. The Donors, however, desire to guard against the possibility of the Materials being used to injure, embarrass, or harass any person and otherwise properly to safeguard the interests of the United States. Therefore, all Materials to which this transfer applies are accepted and shall be held by the Donee subject to the following restrictions and conditions: (i) The Donors shall have and hereby reserve the right to restrict the time and availability of any Materials to which this transfer applies, and irrespective of the time when such Materials may have been, or may be delivered to the Donee, for such time or times as the Donors in their sole discretion may from time to time or at any time specify, and such restrictions shall be adhered to and observed in all respects for as long a period as the Donors shall have specified or until such restrictions are revoked or terminated by the Donors or by persons legally qualified to act on their behalf with respect thereto. Any Materials so designated in writing by the Donors as restricted shall be known and are hereinafter referred to as “Donors’ Restricted Material,” and shall be placed under seal, it being sh LA inl do oad Cha RSPAS tint Wg I dag tes 375 understood, of course, that Donor Restricted Materials shall be accessible to the Archivist of the United States or designated members of his staff for the performance of such archival work processes as may be requested by the Donors, but not otherwise. (ii) The Archivist of the United States or designated members of his staff shall review the Materials to which this transfer is applicable, except Donors Restricted Material, for the purpose of classifying such Materials. Any Materials which fail within the follow- ing categories shall be designated by the Archivist and are hereinafter referred to as “Archivist Restricted Material,” and shall be placed under seal: (a) Materials containing statements which may in any manner be used to injure, embarrass, or harass any person, or Materials which may in any manner be prejudicial to the conduct of foreign relations of the United States of America, or materials contain- ing statements made by or to John Fitzgerald Kennedy in confidence. (b) Defense information that has been security- classified pursuant to law or Executive Order: Provided that such information may be declassified or otherwise made available in accordance with the procedures established by law or Executive Order governing availability of security-classified informa- tion. (c) Materials that relate to the personal, family, and business affairs of John Fitzgerald Kennedy and his family, including such affairs of Mrs. Jacqueline Bouvier Kennedy, and the mother, father, sisters, and brothers of John Fitzgerald Kennedy. (iii) The review and classification of the Materials hereinabove provided for shall be performed by and in 376 collaboration between the Donors or their designated representatives and the Administrator of General Services or his designatees and shall be completed within the shortest reasonable period of time after the Materials have been deposited in the John Fitzgerald Kennedy Library in Massachusetts. (iv) Until such time as the review and classification of the Materials, as hereinabove provided for, has been completed, no person shall be permitted access thereto except the donors, persons given written authorization by the donors, and employees of the General Services Administration performing archival work processes on such Materials, provided, however, that access to Materials which are security-classified shall be in accordance with applicable law and Executive Order relating to security-classified defense information. SIXTH: Except as otherwise provided herein, all Archi- vist Restricted Materials shall be available only to employees of the General Services Administration per- forming archival work processes on such Materials and to the Donors or other persons given written authorization by any of the Donors, provided, however, that access to Archivist Restricted Materials which are security-classi- fied shall be in accordance with applicable law or Executive Order relating to security-classified defense information. SEVENTH: The Archivist of the United States or his designated representative shall review from time to time Archivist Restricted Materials, and shall remove the restriction from such materials and make them available for research use as soon as the passage of time or other circumstances no longer require their being kept under restriction, provided, however, that notwithstanding anything otherwise or to the contrary in this instrument contained, no restrictions shall be removed in respect of 377 the materials described in Article Fifth ii(c) without the prior written consent of the donors. EIGHTH: The Donors hereby assign to the United States of America all of their library property rights in all Materials, excluding Donors’ Restricted Material during the period of restriction, except that the donors reserve to themselves (a) the right to make any use of such Materials and (b) all literary property rights in any manuscript or other writings that John Fitzgerald Kennedy wrote for publication, including the right to license the publication of such material. NINTH: All competent persons interested in using the materials for purposes of serious research shall be granted equal access to unrestricted materials. TENTH: As used herein, the word ‘‘Donors”’ shall mean Mrs. Jacqueline B. Kennedy, and the Executors of and the Trustees under the Last Will and Testament of John Fitzgerald Kennedy from time to time qualified and serving. ) /s/Jacqueline B. Kennedy Donor /s/Jacqueline B. Kennedy /s/Bob Kennedy /s/Edward M. Kennedy Donors By virtue of section 507(e) of the Federal Property and Administrative Services Act of 1949, as amended (44 U.S.C. 397(e)), the foregoing gift of the papers and other historical materials of the late President John Fitzgerald Kennedy is accepted. THE UNITED STATES OF AMERICA Acting by and Through 378 Acting /s/Lawson B. Knott, Jr. Administrator of General Services Date: February 25, 1965 Burke Marshall Old Orchard Road, Armonk, New York 16501 August 20, 1966 Dr. James B. Rhoads Archivist of the United States Eighth Street & Pennsylvania Ave., N.W. Washington, D.C. Dear Dr. Rhoads: In accordance with our telephone conversation this morning, I am enclosing four copies of the Memorandum of Agreement concerning the procedures to be followed in classifying the papers of President Kennedy under Paragraph Fifth of the Deed of Gift of February 25 1965. They have been signed by the Donors, and ase ready for signature by the Administrator on behalf of the United States. I would appreciate it if you would have three executed copies returned to me so that Mrs. John F. Kennedy Senator Edward Kennedy and I can each have a fully executed copy for our files. ; While I recognize that this Memorandum of Agreement is probably a public document under the appropriate statute, available for inspection upon request, I do not see arty reason for a press release or other statement at this time or, for that matter, at any time prior to the opening of some papers for research, or at least the Beto tyncs Bide 379 opening of the Library. The substantive work all remains to be done. I am sure that you will agree. We are all grateful for your cooperation and assistance in this matter. Sincerely, /s/ Burke Marshall cc: Mrs. John F. Kennedy Senator Edward M. Kennedy Memorandum of Agreement Paragraph Fifth of the deed of February 25, 1965, effecting the gift to the United States for deposit in the John Fitzgerald Kennedy Library of historical materials formerly belonging to John Fitzgerald Kennedy, provides that the Donors have the right to restrict the use and availability of any of the materials covered by the deed “for such time or times as the Donors in their sole discretion may from time to time or at any time specify”. The same paragraph also enables the Archivist of the United States to classify certain types of materials as restricted, and to be placed under seal. The work of classifying what materials should be restricted for what amount of time, and what materials should be made available for research use, is to be done in accordance with the following provisions: “The review and classification of the Materials hereinabove provided for shall be performed by and in collaboration between the Donors or their designated representatives and the Administrator of General Services or his delegatees and shall be completed within the shortest reasonable period of time after the Materials have been deposited in the John Fitzgerald Kennedy Library in Massachusetts.” 380 It is agreed by the Donors and the Administrator of General Services that in view of the delay in the construction of the Library, it is desirable to establish procedures now to begin the “‘review and classification” prescribed by the deed so that suitable materials may be promptly made available for research use when the John Fitzgerald Kennedy Library has been completed. As an appropriate means of implementing the collabo- ration between the Donors and the Donee required by the deed it is agreed that the Donors shall act through a Committee consisting of three persons, as follows: Burke Marshall, Chairman Justice Byron R. White Dr. Herman Kahn Successor representatives to these Committee members may be designated in writing to the Administrator from time to time by Mrs. John F. Kennedy and Senator Edward M. Kennedy, or the survivor of the two of them. In the event of the death or disability of both Mrs. John F. Kennedy and Senator Edward M. Kennedy, any such designation shall be made by the adult children of the late President John Fitzgerald Kennedy, or in the absense of any such children, by the late President’s sisters, with the advice of other members of the family. Any Committee member designated hereunder will serve until a successor is designated. The delegatees of the Administrator of General Services for this purpose shall be the Archivist of the United States, an Assistant Archivist, the Director of the John Fitzgerald Kennedy Library, when a Director shall have been appointed, and such other officials of the National Archives and Records Services Administration as shall be designated by the Administrator for this purpose from time to time in the future. 381 The procedure for effecting the processing of the papers shall be a continuing process, as follows: The delegatees of the Administrator of General Services will submit to the Donors’ Committee for its review and concurrence a list of those segments, units, subdivisions or series of the papers of John Fitzgerald Kennedy, which it is proposed to review and classify during the period ending December 31, 1972. Committee and the Adminis- trator’s delegatees will arrive at an agreement on the order of priority which is to be followed in processing each of the units of paper proposed for “review and classification.”” The Committee and delegatees will aiso confer and arrive at an agreement as to the type and character of materials that the Committee wishes at this time to specify as “‘Donors’ Restricted Materials” in accordance with the terms of the Instrument of Gift. (Paragraph the Fifth, Section i). The Donors’ Committee and Administrator’s delegates will also discuss and arrive at an agreement on the nature and character of the materials that will be placed under seal as “‘Archivist’s Restricted Materials” in compliance with the definitions of that class of materials set forth in the Instrument of Gift (Paragraph the Fifth, Section ii). The Administrator’s delegatees will then undertake the review of the agreed-upon segments of President John Fitzgerald Kennedy’s papers, in the order of priority agreed to. From time to time as this review proceeds, the Donors’ Committee will inspect the results, examining or sampling both the papers that it is proposed to open for research in the segments examined by the delegatees, and the papers that it is proposed to place under seal. This review by the Committee will cover both the Donors’ Restricted Material (if any) and, subject to paragraph Sixth of the aforementioned deed of February 25, 1965, the Archivist’s Restricted Material. The purpose of this inspection will be to satisfy the Donors’ Committee that 382 the work is being carried out to the satisfaction of the Committee. Results of the work will continue to be inspected by the Committee to whatever extent it wishes, in order to make certain that the work is being done in accordance with the terms of the aforementioned deed of Febryary 25, 1965, and the agreements reached between the Donors’ Committee and the Administrator’s dele- gatees. All materials selected to be placed under seal will be physically removed from the boxes in which they were contained, placed in clearly marked containers of a color different from that used for the “‘open” material, and deposited in a specially secured portion of the stack areas of the John Fitzgerald Kennedy Library or of any Federal Records Center where the materials may be temporarily located. When a significant quality of the materials has been reviewed and processed in this manner (but in no case prior to the formal opening of the Library), there will be a public announcement by the General Services Adminis- tration of the opening for research of certain designated portions of President John Fitzgerald Kennedy’s papers. After the completion of this process for the segments of materials that had been designated to be reviewed by December 31, 1972, the same procedure will be followed in scheduling “‘review and classification” of the remaining segments of President John Fitzgerald Kennedy’s papers until the screening of the entire collection has been completed. The Donor’s Restricted Materials and the materials described in paragraph Fifth ii(c) of the aforementioned deed of February 25, 1965, under seal will be periodi- cally reviewed by the Administrator’s delegatees. If for any reason it should appear that the passage of time has cured the factor that had been the original cause of Se —_-- ee 383 placing the papers under seal, it will be proposed to the Donors’ Committee for their review and concurrence that these materials be placed in the “open” portion of the files and made available for research. signed signed /s/Jacqueline Kennedy Donor - date /d/July 23, 1 Edward A. Kennedy 2 August Administrator of General Services - date Donors - date EXHIBIT H May 5th, 1965. Honorable Lawson B. Knott, Jr. Acting Administrator General Services Administration Washington, D.C. 20405 Dear Mr. Knott: Reference is made to the Agreement between the United States of America and Mrs. Jacqueline B. Kennedy and the Executors of the Estate of John F. Kennedy dated February 25, 1965, concerning the transfer of materials formerly belonging to and relating to the life and work of John Fitzgerald Kennedy to the United States of America. Notwithstanding any of the restrictions imposed on access to the materials in the referenced February 25, 1965 Agreement, except the materials specified in 384 Article Fifth ii(c) thereof, the Archivist of the United States is authorized to make available to President Lyndon B. Johnson, while in office, any materials or information with respect thereto, relating to or required in connection with the transition of the Office of President from the late President John F. Kennedy to President Johnson, or otherwise requested by President Johnson in connection with performance of the duties of the Office of President. /s/Jacqueline B. Kennedy Donor /s/Jacqueline B. Kennedy /s/Robert Kennedy /s/Edward Kennedy Donors EXHIBIT I The White House Washington August 13, 1965 Dear Mr. Knott: It has long been my belief that the papers and other historical materials of a President constitute a vital part of our Nation’s historical heritage and that such papers and materials should be permanently preserved and made available for scholarly research and study. a ee ES ES PE ee 385 You are aware that it also has iong been my intention to donate my papers and other historical materials to the United States for ultimate deposit in a Presidential Archival Depository as provided by Section 507 (f) of the Federal Property and Administrative Services Act of 1949, ad amended (44 U.S.C. 397(f)). You are also aware that the University of Texas has advised me of its intent, consistent with its educational purposes and objectives, to provide, at its expense, an appropriate site within the principal academic environs of the University of Texas, and to construcé thereon a suitable Presidential Archival Depository to be known as the Lyndon Baines Johnson Library and to turn over, dedicate, and make available the space and facilities so to be constructed, furnished, and equipped by it, to the United States for its use in perpetuity pursuant to the aforesaid authority, as a Presidential Archival Depository for the housing, preservation, display, and appropriate use of my Presidential papers and other historical materials. I have indicated to the University of Texas and publicly announced my approval of its proposal. Accordingly, and in furtherance of the public purposes which will thus be served, I hereby offer as a gift to the United States for the purpose of ultimate deposit in the said Presidential Library my Presidential and other papers, documents, historical materials, mementos, ob- jects of art, and other memorabilia, including books, motion pictures, still pictures, and sound recordings, all hereinafter called “Materials” belonging to me or in my possession which relate to my life and work, subject to the condition that these Materials be accepted, preserved, and made available by the United States under the following conditions: 1. 386 As an initial step, the Materials shall be accepted bythe United States for deposit in the National Archives pursuant to Section 507(e) of the Act, supra, until the completion and acceptance by the United States of the above-described Lyndon Baines Johnson Library at which time the Mate- rials shall be deposited in that Library and administered in accordance with the pertinent provisions of the Act, supra. It is my purpose to make the papers and other historical materials referred to herein available for the purpose of study and research as soon as possible extent. However, since the President of the United States is the recipient of many confidences from others, and since the inviola- bility of such confidence is essential to the functioning of the constitutional office of the Presidency, it will be necessary to withhold from public scrutiny certain papers and classes of papers for varying periods of time. Therefore: (a) I hereby reserve the right to restrict the use and availability of any Materials to which this agreement applies, irrespective of the time when such Materials may have been, or may be delivered to the United States, for such time as I, in my sole discretion, may from time to time specity, and such restrictions shall be adhered to and observed in all respects for as long a period of time as may be specified or until such restrictions are revoked or terminated by me or persons authorized to act on my behalf with respect thereto, or as otherwise provided in this agreement. (b) During my tenure as President of the United States any Materials accepted and deposited —wT ll —_——-— —-— —s 387 pursuant to paragraph 1, above, shall be made available by display or otherwise for public inspection, research or other use subject to restrictions (1) imposed at time of delivery of possession thereof to the United States; (2) as otherwise provided for in this agreement; and (3) as may be imposed by me or by persons authorized to act for me with regard thereto. Archival personnel of the United States designated by the Administrator of General Services shall review the Materials to which this agreement applies and any Materials in the following categories shall be placed under seal of restriction: (i) Materials containing statements which may in any manner be used to injure, embarrass, or harass any person, or Mate- rials which may in any manner be prejudicial to the conduct of foreign relations of the United States of America, or Materials containing statements made by or to me in confidence. (ii) Defense information that has been secur- ity classified pursuant to law or Executive order: Provided that such information may be declassified or otherwise made available in accordance with the proce- dures established by law or Executive order governing availability of security- classified information. (iii) Papers relating to my family or private affairs, and papers relating to the families or private affairs of persons who have had correspondence with me. 388 (d) All Material restricted pursuant to this agree- ment shall be reviewed from time to time by Archival personne! designated by the Adminis- trator of General Services, the restrictions removed therefrom, and the Materials made available for public display and research use as soon as the passage of time or other circum- stances no longer require such Materials being kept under restriction: Provided that restric- tions imposed on Materials by paragraph 2(b), above, shall not be removed during my tenure as President without my personal approval or the approval of persons authorized to act for me with respect thereto. (e) Materials placed under restriction pursuant to this agreement shall not be made available to anyone or their contents divulged to anyone (including public officials) except (1) persons authorized under the terms of paragraph 5 below and (2) Archival personnel designated by the Administrator of General Services when performing essential archival work pro- cesses on such papers under the supervision of the Administrator of General Services: Pro- vided that access to security-classified mate- rials shall be made available in accordance with the procedures established by law or Executive orders. All unrestricted materials shall upon (a) deposit in the Lyndon Baines Johnson Library and (b) expiration of my tenure as President, he made available for public display and inspection, and made equally accessible to all competent private persons interested in using the materials for study and scholarly research purposes subject to regula- A Rt nO 389 tions issued by the Administrator of General Services governing the use of materials in the Library: Provided that such materials may be made available for display, inspection and research purposes prior to the expiration of my tenure as President with my personal approval. This offer shall not and is not intended to apply to or embrace such items which I determine to be of special or private interest to the personal and family affairs of myself, my wife and children, and I specifically reserve the right to retain title and possession and to regain possession of any such items that I, in my sole discretion, may determine tobe excluded from the purview of this gift, irrespective of the fact that such items may have been theretofore delivered to the United States. All Materials transferred to the United States pursuant to this agreement shall be freely accessi- ble to me or my wife or to persons designated by me in writing, subject to the provisions of applicable law and Executive orders governing availability of security-classified information. Subject to restrictions imposed by or pursuant to this agreement, all Materials transferred to the United States pursuant to this agreement shall be subject to the right of the Administrator in his discretion (a) to make temporary loans thereof to such persons, organizations or institutions as he shall determine; (b) to dispose by sale, exchange or otherwise of any such papers or historical mate- rials which he may determine to have no perma- nent value or historical interest or to be surplus to the needs of the Lyndon Baines Johnson Library; and (c) to remove from the said Library any and all of such papers or historical materials if he shall 390 deem it necessary to preserve them from threat- ened destruction. I hereby assign to the United States all my literary property rights in all papers transferred to the United States in accordance with the terms and conditions of this agreement, except that I reserve to myself and my heirs (a) the right to make any use of such papers and (b) all literary property rights in any works that I have written or may hereafter write for publication, including the right to license the publication of such material. The offer of the Materials to which this agreement is applicable is conditioned upon the United States, acting by and through the Administrator of General Services, entering into an agreement with the University of Texas to utilize as a Presidential Archival Depository the space and facilities to be constructed, furnished, equipped and made availa- ble by it for such use without transfer of title, and upon agreement by the United States to maintain and operate the Library at all times thereafter as a Presidential Archival Depository for the preserva- tion of such Materials, in accordance with the provisions of Section 507(f)(1) (44 U.S.C. 397(f)(1)) of the Federal Property and Adminis- trative Services Act of 1949, as amended. Sincerely, /s/Lyndon B. Johnson a 391 [SEAL] EXHIBIT J General Services Administration Washington 20405 Office of the Administrator August 17, 1965 The President The White House Dear Mr. President: It is an honor and pleasure on behalf of the United States to accept, in accordance with the powers vested in me by the Federal Property and Administrative Services Act of 1949, as amended, your generous offer of certain papers and other historical materials contained in your letter of August 13, 1965, under the conditions and restrictions which you have prescribed therein. This priceless gift to the nation and scholars of this generation and those that follow will forever enrich our history and culture. I know that the memory of your selfless gesture will live eternally in the hearts of a grateful people. Respectfully yours, /s/Lawson B. Knott, Jr. Lawson B. Knott, Jr. Administrator Honorable Lawson B. Knott, Jr. Administrator of General Services Washington, D.C. ——- 2 392 EXHIBIT K The White House Washington December 19, 1968 Dear Mr. Knott: In my letter to you of August 13, 1965, I offered my Presidential and other papers and historical materials (therein defined as Materials) as a gift to the United States for the purpose of ultimate deposit in the Lyndon Baines Johnson Library. My offer further expressed this objective: to make the Materials available for the purpose of study and research—as soon as possible and to the fullest extent possible. That offer was accepted by you on August 17, 1965. The President is the recipient of many confidences of others. The inviolability of these confidences is essential to the proper conduct of the Office of the Presidency. It becomes necessary, therefore, to withhold from public scrutiny certain papers and certain classes of papers for varying periods of time. Accordingly, my offer contained the following provision in paragraph 2(a): “IT hereby reserve the right to restrict the use and availability of any Materials to which this agreement applies, irrespective of the time when such Materials may have been, or may be delivered to the United States, for such time as I, in my sole discretion, may from time to time specify, and such restrictions shall be adhered to and observed in all respects for as long a period of time as may be specified or until such restrictions are revoked or terminated by me or persons authorized to act on my behalf with respect thereto, or as otherwise provided in this agreement.” 393 The volume of manuscript papers included in the Materials available for deposit under the terms of our agreement now exceeds 22 million pages. A significant future growth in volume is anticipated, perhaps to a total in excess of 30 million different pages. These Materials must be reviewed to determine which of them must be restricted and the nature of the restriction. This review will require a meticulously careful, thorough and time-consuming analysis. There ae certain papers I will be obliged to restrict personally from access to others. To fulfill my stated objective of making the Materials available for study and research as early and as fully as possible—and to avoid any extensive delay inconsistent with that objective—a staff should be assembled to perform this review promptly under guidelines and instructions I will provide. A sufficient number of qualified personnel should be assigned to review as much of this material as possible during the next five years when I can devote a large part of my time to supervising this review. I am advised that within the Executive Departments and Agencies—from which significant portions of these Materials were developed—there are personnel familiar with the Materials and the process of conducting the official business of government. Because of such familiar- ity, these persons would be far better qualified than persons less acquainted with the Materials to undertake the necessary review and analysis in order to protect our Nation’s best interests. I am advised that Section 208(c) of the Federal Property and Administrative Services Act of 1949, as amended, authorizes the Administrator of General Services, in carrying out the responsibilities imposed upon him by that Act: 394 “to utilize in his agency the services of officials, officers, and other personnel in other executive agencies, including personnel of the armed services, with the consent of the head of the agency concerned.” It is my understanding that you can complete arrange- ments with the Heads of the Departments and Agencies concerned to utilize the services of responsible and knowledgeable officials, officers and other government personnel to perform the review and analysis of the Materials, in keeping with paragraph 2(a) of my offer of gift. Accordingly, when, pursuant to the provisions of law cited above, such government career and service personnel, acceptable to me, are assigned to review under my direction the classified and technical Materials involved, I will turn over to the General Services Administration from time to time the Materials within the scope of my offer of gift. In addition to the review of the Materials required by paragraph 2(a) of my offer of gift, another review is required by paragraph 2(c). That review contemplates an analysis of the Material by archival personnel. Any of the Materials falling in the three categories specified in paragraph 2(c) must be placed under seal of restriction. The arrangements I have proposed in this letter for the purposes of the paragraph 2(a) review should enhance, complement, and expedite the review required by paragraph 2(c). These new arrangements should hasten the time in which the Materials can be made available for research and study in conformity with my fundamental objective, as stated in my offer of gift. I should appreciate your advice whether you accept this letter as an amendment of my offer of gift dated August 13, 1965, accepted by you on August 17, 1965. 395 Sincerely, /s/Lyndon B. Johnson Honorable Lawson B. Knott, Jr. Administrator General Services Administration Washington, D.C. [Caption Omitted in Printing] AFFIDAVIT OF THOMAS P. WOLF Thomas P. Wolf, being duly sworn under oath, hereby deposes and says: 1. Since December 26, 1973, I have served as a Special Assistant to the Administrator of the General Services Administration. I am currently Special Assistant to the Administrator for Presidential Materials and Acting Director, Office of Presidential Materials. In that capacity it has been one of my responsibilities to provide access to the Nixon Presidential Materials that are under the Administrator’s control when such access, in each instance, complies with the provisions set forth in outstanding court orders in Nixon v. Sampson, et al. 2. In February of this year I was informed by Counsel to President Ford that representatives of the Special Prosecutor’s office and attorneys for Richard Nixon had reached an understanding whereby Mr. Nixon agreed to make available to the Special Prosecutor items from among the Nixon Presidential Materials that were relevent to the Special Prosecutor’s investigations. I was authorized by the Administrator to serve directly as agent for Counsel to the President in implementing this understanding. The understanding called for the assist- 396 ance of professional archivists, under my administrative supervision, to review portions of the Presidential materials and to make initial determinations concerning the relevancy of the items reviewed, based upon a list of current investigations supplied to the archivists by the Special Prosecutor. Copies of items deemed relevant were then to be delivered to Mr. Nixon’s attorneys. Thereafter, upon receipt of appropriate authorizations from Mr. Nixon’s attorneys, the items or portions so authorized were to be delivered to Mr. Philip W. Buchen, or his agent, who would review them prior to providing them to the Special Prosecutor. 3. The Special Prosecutor had previously been provided an index of file folder titles covering the files of certain staff members and staff offices. These file titles encompassed approximately 618 linear feet of documen- tary materials (or on an archival estimated basis, more than 1.5 million documents). From these indexes the Special Prosecutor selected 1,403 folders which, based upon their titles, he indicated he believed might contain items related to the list of current investigations supplied to the archivists. 4. A staff of approximately ten archivists, working at different periods, initially reviewed 1,269 of the 1,403 files selected by the Special Prosecutor. Attorneys for Mr. Nixon requested and, with the approval of the Special Prosecutor, were permitted to review initially the remaining 134 files. Some but not all of these 134 files were subsequently reviewed by the archivists. At the outset each file reviewed by the archivists was examined to determine whether it contained items related to any of the investigations listed by the Special Prosecutor, even though the Special Prosecutor’s original designation of the reason for examination of that file may have pertained to only one or two investigations. On the last 397 383 folders this examination was limited to those investigations specifically designated by the Special Prosecutor for that specific folder. 5. Of the 1,269 files reviewed, 357 contained materials which the archivists deemed related to one or more of the investigations on the list provided by the Special Prosecutor. Of these, 270 contained items which the archivists deemed actually related to the investiga- tion(s) specified for that folder by the Special Prosecutor. 6. The archivists involvment in the review of the 1,403 files required a total of over 2,800 staff hours. 7. Based upon the experience gained from this project, it is my opinion that because of the differing filing procedures utilized be certain key staff members of the Nixon Administration, this review of the Nixon Presidential Materials for the purpose of locating for the Special Prosecutor items relevant to specific topics or designated matters could not have been made without in many instances reviewing substantial quantities of items unrelated to those topics or matters for which we had been asked to search, including personal and political items, and in some instances materials classified higher than the security clearance (Top Secret) normally held by professional archivists. /s[Thomas P. Wolf Subscribed and sworn to THOMAS P. WOLF before me this 7th day of July, 1975. /s/William Hanbine Notary Public My Commission Expires: August 14, 1976 398 [Caption Omitted in Printing] AFFIDAVIT OF WILLIAM F. MATTHEWS City of Washington ) District of Columbia _) os WILLIAM F. MATTHEWS, being duly sworn upon oath, deposes and says as follows: 1. Iam Chief of the White House Central Files Unit in the White House. I have been employed in the Central Files Unit, originally known as the White House File Room, since 1947, and have held my current position since February 15, 1963. My duties include supervision of the more than 40 employees of Central Files who receive, classify, file, maintain and retrieve upon request the documents generated or received by the White House. 2. Material in Central Files consists of incoming correspondence processed by the White House mail rooms; copies of outgoing correspondence, reports memoranda, etc., generated or received by the Office of the President and the various White House staff offices. Most of the incoming correspondence consists of letters to the President from private citizens, but it also includes letters from state and federal officials, including Members of Congress; letters from officials of foreign countries; and letters addresses to officials of the White House other than the President. Drafts of memoranda, speeches, correspondence, etc., which are prepared by officials other than the President are generally filed with Central Files. Drafts of such documents which are hand written by the President generally are not retained in Central Files. 3. Correspondence and records of the Domestic Council and the Council on International Economic Policy are filed in the Central files. I have no personal 399 knowledge of what other files may be retained by these two Councils. All other bodies in the Executive Office of the President (e.g., National Security Council, Office of Management and Budget, Council of Economic Advisors, Council on Environmental Quality, Office of Telecommu- nications Policy), however, maintain their own separate filing systems, and, as to them, Central Files receives only their correspondence or transmissions into the President’s office and copies of the correspondence or transmissions from the President’s office to these bodies. As to the Office of the President and the various staff offices, each maintains certain papers in its own filing area during the course of the administration. In addition, most officials in the White House keep a engen file of the documents prepared by them. 4. Central Files also keeps a file of documents called the “permanent file’. This permanent file includes copies of documents which are precedential in nature and which will, in the opinion of White House staff, be useful to later officials in dealing with various internal White House situations by succeeding administrations. 5. The volume of materials maintained in Central Files has increased four or five-fold during the time I have been employed in the unit, that is, since the Truman Administration. This increase is generally attributable to the increase in size and work produce of the White House in general; the nature and scope of materials contained in the materials in Central Files has remained essentially unchanged. The only significant change in content of the Central Files during the Nixon Administration was the creation, in 197i, of the “Special Files Unit” under the direction of Gertrude Fry. That unit, when created, took possession from Central Files of certain materials relating to the Office of the President and selected staff offices and, since 1971, has reviewed and culled materials from 400 those offices prior to their transmission to Central Files. Access to materials maintained in Special Files was more restricted than was access to the Central Files. I have no personal knowledge of the contents of the materials maintained by the Special Files Unit, although we do receive a cross-referencing card indicating the existence of and ideatifying such materials. 6. A general description of the operation of Central Files is included in Exhibit A to this Affidavit which is a ttue copy of an eight-page pamphlet which is entitled “The Role of Central Files in the White House Office,” and a revision of this pamphlet in 1971, a true copy of which is attached hereto as Exhibit B. 7. At the close of the administrations of Presidents Truman, Eisenhower, Kennedy, and Johnson, the files in the custody of Central Files, except for the permanent file, were collected, boxed, and disposed of in accordance with the wishes of the outgoing President. I have personal knowledge of the disposition of Central Files at the close of the administrations of Presidents Truman, Eisenhower, Kennedy, Johnson, and Nixon. 8. In January of 1953, the files in the custody of Central Files, except for the permanent file, were boxed and shipped, in accordance with Mr. Truman’s instruc- tions, to a building in Jackson County, Missouri. Except for the permanent file, not a single file in the custody of Central Files received during the Truman Administration remained in the White House Central Files when President Eisenhower assumed office. However, there were other files in the Records Office and the Adminis- trative Office which dealt with various White House functions which remained. I have no knowledge of any attempt to retain or make copies of documents that might be useful to the incoming administration for reference and carrying on the continuing business of government. | 401 9. At the close of the Eisenhower Administration in 1961, the files in the custody of Central Files, except for ine permanent file, were boxed and shipped out of the Wh.te House prior to January 20, 1961, leaving, to my knowledge, no files in Central Files whatsoever for use or reference by the incoming administration. Some of the materials were shipped to Gettysburg, Pennsylvania, while others were shipped to Albilene, Kansas. To my knowledge, no documents except for the permanent file and files in other White House offices such as the Records Office or the Administrative Office were retained. 10. After President Kennedy’s death in November of 1963, all files in the custody of Central Files, except for the permanent file, were segregated from the materials generated thereafter relating to the Johnson Administra- tion. A memorandum from William Hopkins, Senior Executive Clerk at the, time and my immediate superior, was sent to all White House staff members describing what should be done with the files relating to the Kennedy Administration. A true copy of that memoran- dum is attached hereto as Exhibit C. As materials were received after November 22, 1963, relating to the period prior to that date, they were placed in the Kennedy Administration files and kept strictly separate from the files of the Johnson Administration. Mr. Hopkins gave specific instructions that materials from the Kennedy Administration were not to be provided to anyone in the new administration, and in fact no files from the Central Files, except for the permanent file, were provided. However, no attempt was made to get personal or chronological files from the various White House officials. A few months after November 22, 1963, the Kennedy Administration files from the Central files were boxed and sent to a storage area at National Archives to await shipment to Massachusetts upon completion of arrange- ments for the Kennedy Library. 402 11. In January 1969, all files of the Johnson Administration in the custody of Central Files, except for the permanent file, were collected, boxed, and shipped to Austin, Texas, for storage until completion of the Johnson Library. No files of any kind in the custody of Central Files were kept or copied for use by the Nixon Administration. 12. At the time of President Nixon’s resignation on August 9, 1974, instructions were sent to the staff regarding the disposition of records in their possession. A true copy of the memorandum signed by Jerry Jones, Staff Secretary, setting forth these instructions is attached to this Affidavit as Exhibit D. 13. Over an approximate four day period, beginningg August 9, 1974, all files which had at that date been in the custody of Central Files, except for the permanent file, were boxed and turned over to the Office of Persidential Papers. Files outstanding on August 9, 1974, which were later received from staff offices, were also sent to the Office of Presidential Papers. Such files are still occasionally found among staff office files and when received by Central Files, are then sent to the Office of Presidential Materials. Requests to provide Nixon Admin- istration files to the incoming administration after August 9, 1974, were not honored because all files had been boxed and turned over to the Office of Presidential Papers, later the Office of Presidential Materials. 14. Any calls from officials of the incoming Ford Administration regarding immediate boxing and removal of materials of the Nixon Administration or requests for access thereto, were referred to the Office of Presidential Papers since this is where they had been sent by Central Files. /s/William F. Matthews WILLIAM F. MATTHEWS 403 Subscribed and sworn to before me this 7th day of July, 1975. /s/William Hinbine Notary Public My Commission expires: August 14, 1976 [Caption Omitted in Printing] AFFIDAVIT OF GERTRUDE FRY City of Washington _) District of Columbia _) 4 GERTRUDE FRY, being duly sworn under oath, deposes and says as follows: 1. I am presently employed in the White House Office as Staff Assistant in the Staff Secretary’s Office. I was first employed by the White House on January 21, 1969 as Secretarial Assistant to Egil Krogh in charge of security. I then became Staff Assistant for Security until September, 1972, when I was appointed to the position of Supervisor of the Special Files Unit. I held that position until June 23, 1975. 2. The Special Files Unit was created in September, 1972 and continued until June, 1975. At present, it is being phased out by the Ford Administration. It is my understanding that Special Files was created in order to provide a central storage location for sensitive material. Previous to September, 1972, much of this material had not been sent to Central Files, but had been dispersed throughout the White House and held by the individual members of the President’s staff in their own offices. Our instructions from President Nixon’s then legal counsel, 404 John Dean, were that such sensitive files should be centrally located and further, that they should be indexed and filed in the same manner as are the files in Central Files. In the absence of such a centrally located and properly categorized file, there was no way of knowing the location of any of these files. Also, the review and categorization of the presidential materials which occurs after the President has left office could proceed more quickly if these sensitive files, prior to the President’s leaving, had been centrally filed and properly categorized. 3. In establishing and maintaining the Special Files, we utilized and followed the Central Files Manual, wiiich directs the manner of filing and categorization of all White House documents. As to most files placed in Special Files, a blue cross-reference card was sent to Central Files so that Central Files would have a record of where these files were located. 4. Special Files initially conducted a review of the files in the “Confidential File Section” located in Central Files. Criteria were given to Special Files to determine which documents should be culled from the Confidential File Section and placed in Special Files. The criteria were: (1) Investigative reports on individuals. (2) Applications and recommendations for posi- tions. (3) Documents containing derogatory remarks con- cerning the character, loyalty, integrity, or ability of individuals. (4) Documents concerning personal, family or financial affairs of individuals. (5) Documents containing information § which could be used to harass living persons or relatives of recently deceased persons. 405 (6) Information prejudicial to the national secur- ity. (7) Information prejudicial to foreign relations. (8) Communications addressed to the President in confidence, the immediate publication of which would result in discouraging confidential communications to a President in the future. (9) Documents pertaining to the President’s per- sonal, family, business, and financial affairs. (10) Security-classified information. (11) Documents specifically restricted by the Presi- dent. (12) Politically sensitive information or documents. In addition to documents meeting the above criteria, Special Files also held documents in the President’s handwriting, and all the files from the Staff Secretary’s Office. During my tenure in the White House, Presidential handwriting documents had never been held in Central Files to my knowledge. Rather, a special file for such documents had been maintained in the Staff Secretary’s Office. 5. After initial establishment of Special Files, the plan was that each individual member of of the President’s senior staff would send to Special Files sensitive material to be stored for his exclusive retrieval. In practice, however, Special Files did not receive sensitive material from many top staff members. In addition, Special Files did receive the files of all staff members when they resigned during President Nixon’s term. We would then review all of these files, and any boxes containing documents meeting the criteria outlined above were retained under Special Files control. The remaining boxes were sent to Central Files. Special Files 406 now numbers approximately 400 filing boxes roughly one cubic foot in size, approximately sixteen of which contain Presidential handwriting documents. It is also a fact that some materials stored in Special Files were never processed by the Special Files staff. These files were placed in the Special Files Unit after May 1, 1973 when some senior White House staff members resigned. They were placed in the Special Files Unit in order to provide them the tightest security possible. 6. When Special Files was created, access to docu- ments stored there was restricted to the person with whom the file originated or to persons we in Special Files determined had a genuine need to see the document or file. Where questions arose as to a particular request, we cleared the matter with the Staff Secretary. 7. Now that Special Files is being terminated, files of the Ford Administration in our custody will be placed in the Confidential File Section in Central Files. Access will require approval of Mr. Matthews, but only if one of the two criteria formerly used by Special Files and described above is met. 8. As part of my job in Special Files, I have visited some of the Presidential Libraries in the National Archives System. One of my purposes in doing so was to gain knowledge on organizing and arranging Special Files. /s/Gertrude Fry GERTRUDE FRY Subscribed and sworn to before me this 7th day of July, 1975. /s/ Thomas J. English Notary Public My Commission expires: June 30, 1976 407 [Caption Omitted in Printing] AFFIDAVIT OF JOHN C. BRODERICK John C. Broderick, being duly sworn under oath, deposes and says: (1) I am Chief of the Manuscript Division of the Library of Congress, and have been employed in that position since January 6, 1975. Previous to my appoint- ment as Chief of the Manuscript Division, I was employed by the Library of Congress in various positions beginning in 1964. As a result of my employment with the Library of Congress, and my experience as a student of the papers of constitutional officeholders, I have acquired know]- edge of the history and ultimate disposition of certain of those papers. The substance of this Affidavit is derived from that knowledge and represents an accurate summary of these particular .instances, to the best of my knowledge, information, and belief. (2) The Library of Congress maintains the papers, in whole or in part, of twenty-three presidents. The papers of other presidents are located elsewhere. For example, the papers of Presidents John and John Quincy Adams are in the Massachusetts Historical Society; those of James Buchanan in the Historical Society of Pennsyl- vania; Millard Fillmore’s papers are in the Buffalo and Erie County Historical Society; the papers of Rutherford B. Hayes are in the Hayes Library, Fremont. Ohio; and the Warren G. Harding papers are in the Ohio Historical Society. All of these are non-federal repositories. A copy of a chart prepared by my office illustrating the disposition of all of the papers of presidents is attached to this Affidavit as Exhibit A. (3) Between 1967 and 1974, Justice William J. Brennan donated to the Library of Congress 55,000 documents covering his term in the Supreme Court from 408 1956 to 1970. The collection includes Memoranda for Conference, Bench Memos, and case files by case name. The case files include memoranda written to other Justices, personal notes on the case, briefs, memoranda from law clerks, and other material which the Justice has accumulated with regard to cases. (4) Attached hereto as Exhibit B is a true and correct copy of the “Instrument of Gift” executed by Justice Brennan providing the terms on reservation of literary rights and access to legal files and correspondence. (5) Justice William O. Douglas has donated to the Library of Congress correspondence and other papers pertaining to his work in the Supreme Court and elsewhere covering 1925 to 1952. The content of Justice Douglas’ papers is similar to that of Justice Brennan. Attached hereto as Exhibit C are two of the “Instruments of Gift” executed by Justice Douglas providing for disposition and access to these materials. (6) Between 1972 and 1974, the Hugo Black family donated to the Library of Congress papers from Justice Black’s entire career, 1898-1971, including his Supreme Court papers. These later papers include correspondence, assignment and conference lists, opinions in manuscript, near-print and printed form, memoranda, research mate- rials, printed matter, vouchers, financial materials, and clippings. Also included in the collection are dictaphone recordings, phonodiscs, magnetic tapes, and motion pictures. Justice Black directed his family to destroy his conference notes, which was done. (7) Attached hereto as Exhibit D is a true and correct copy of the “Instrument of Gift” from the Black family to the Library of Congress containing the terms governing literary rights and access to the materials. 409 (8) The papers of Justice Harold H. Burton number 120,000, span his career from 1896 to 1964, and include legal files, diaries, speech files, articles files, briefs prepared by law clerks for study, conference sheets, studies on individual cases, drafts of opinions, and comments on opinions from other Justices. The majority of the papers were donated to the Library of Congress in two installments: Justice Burton gave a substantial collection in October, 1959; and his son made a second major installment in January, 1965. Attached hereto as Exhibit E are true and correct copies of the “Instruments of Gift” covering the Burton papers governing any restrictions on access, and literary rights. (9) Mrs. Charles Evans Hughes in 1952 donated to the Library of Congress a large body of correspondence of Chief Justice Hughes. This donation includes cor- respondence relating to both Hughes’ Supreme Court career and personal life. No case files are included such as are in the donations of other Supreme Court Justice. As provided in Exhibit F attached hereto, which is a true and correct copy of the Instrument of Gift executed by Marjory Stuart Hughes, originally access to the collection was prohibited except upon permission of Chief Justice Hughes’ daughter. As of January 1, 1975, no restrictions remain. Literary rights are reserved to Chief Justice Hughes’ daughter. (10) The Library of Congress also holds the papers of several Congressmen, although most congressional collec- tions are privately held. For example, the papers os Sam Rayburn are located in the Sam Rayburn Library at Bonham, Texas and the papers of Estes Kefauver are in the University of Tennessee Library at Knoxville, Tennessee. Among the congressional holdings of the Library of Congress are the papers of Emanuel Celler and the papers of Robert A. Taft. Exhibits G and H, attached 410 hereto, are true and correct copies of Instruments of Gift to the Library. They provide the terms for access to collections and right to review quotations from the 4il APPENDIX I ma teri als. DEPOSITORIES AND PURCHASES OF PRESIDENTIAL PAPERS /s/John C. Broderick JOHN C. BRODERICK Prosijent Depositories ! Purchases? Gesrge Washirgton The Library of Congress bas some 800 volurres cf Kctters, Cisries, Th j a 132- 93). President official fs, 629 Other manuscripts. Tne Henry E. Huntington BAA. 1789-S7. Library Sin Marino, 2/4.) has 450 letters. The Cornecticut purchases totaling $45,059 State Library has the eccersive Trumbuli correspor-erce. in 1834 and 1849 Other colize’icas are i- =n Caisags Histories! Seciety (150 eae tre US. Sieve: Acectemy (15 pieces), Mar,tanc His- rical S: 236 solumes cf the cerrespe- cence, and the Massachusetts + storca! Scciety has 77 vate es of pers and some of Mis “22-10 Cocss. The University cf ¥.rgiria 38 2,500 iter 3, Colori2’ a':amsburg 600 cretes, aed Wiluam & ‘tary Coliese 255 gicte:. The Virgiria Histcrizal Societs has 109 items, ard there e-: si 7 assorted pacers in the Virginia State Lidrary. Other ccsect.crs are tne Henry E. Kurtirgton Litrary (800 s.eces), t-e hh storcal Sczvety cf Deieznr-e 14 items), the Wiuam L. Ce rents Library (9! pieces). the Morsousi Historical Society (126 items), Princeton University Library, Columbia University L:cr2r, (21 items), New York His:orical Society (139 ites), Men fork Putlic Litrary, Prerpont Morgan Library (255 pieces). Ui-2 University Libraries (23 jieces), Arerican Paicsophi: So-rety (Prilacelama), Historical Society of Pennsylvania, and t-2 Uriversity of Texas (68 1ems). There are 114 boxes and 19 volumes of papers in the Library of Congress. The Univers:ty cf Virginia has 155 items, the New York Historica! Society 155 cieces, and the Henry E. Huntington Library 104 pieces. There are smalier collections at the Virginia State ary, William & “Wary Colieze, the Virginia Historical Seciety, the Historical Scz.ety of Penrsy.vama, the Pierront Morgan Library, William L. Ciements Liorary, and Princeton pep Library. The "sew Yor Public Library has a collection Chief repositeries are the Library of Congress with 40 volumes and 5 boxes, New York Purisz Library with 1,300 items, and the James Monrce Memcriat Foundatcn (Frecerichsburg, Va.) with an extensive ard varved ccliection. There are also mate tials at Wiitiam & Maz, College (ill pieces). the Universit of Virginia (120 pieces). the New York Historical Society ¢ items), the Pierpont “organ Library (30 items). University of Pennsylvania Lidrary (33 stems), the Virginia Historical Society (35 items), 2nd the Vicgiria State Lidrary. See footnotes at end of table. Many of the 23,600 items held by the Library cf Congress were purchased in 1248 for $20,000 from Thomas Jefierson Ren- dotph, executcr of the Jeterson estate. Fuily half of the collection purchased at that time was returned, however, as being of too “personal ' a nature for government acquisition. This returned Giomtely dered" f y the ' to friends, telatives, and collectors. Of the approximately 10,000 items in the Madison ccl- lection held by the Library of Congress, most were acquired through 2 putchases from fars. M2 4- Betas hate e istorica Society. The cost of the 3 transactions amoict to The Li of Congress holds 4 iterrs which were acquired from tne pang heirs in 1849 for 412 DEPOSITORIES AND PURCHASES OF PRESIDENTIAL PAPERS—Continued President Depositories ! Purchases? John Grins Adams (1767-1848), Presi- dent 1825-29. Andrew Jackson (1767-1845), Presi- dent 1829-37. Martin Van Buren (1782-1862) President 1837-41. William Henry Harrison (1773- 1841), President 1841. John Tyler (1790- 1862), President 1841-45. James K. Polk (1795- 1849), President 1845-49. 2 T 1784- *TaS0), President 1848-50. “ate , Fresi- Gent 1480-53. Franklin Pierce (1804- President 1853-57. James Buchanan (1791-1868), President 1857-61. Most are in the Massachusetts Historical Societ Gene 15,000 diary pages ard 6,300 letters). The Library ot gress has several boxes, and scattered items are in the New York Histori- cal Society. the New York Public Library, and the Pierpont Morgan Library. The Library of Co-gress has a collection of over 340 volumes and Of boxes. Tennessee State Library hes 1,500 items, and the Tennessee Historical Society and the Jackson heme, the Hermi- tage, have ad¢;*;onal materials. Other collections are the Chi Historical Society (+50 items), New York Public Library (2 items), Pierpont Morgan Library (72 pieces), Duke University Libraries (50 stems), Missouri Mistorical Society (40 items), Princeton Universi*y Library, and New York Hi torical Society. _— collections in the Columbia County Historical Society ndethook, NY.) the Prerpont Morgan Library and the Massachusetts Historica! Society. peagrngenuze Tyeaue ty = safe bail Most are in the Library of Congress and Indiora State Library, but A number of Harrison's Significant presidentia! writings are limited to his inaugural dress. records are thought to have been destr when ee There are 8 volumes in the Library of Congress, end a smaller col- While a large part of the lection in the Duke Univercity Libraries The University of .Vir- io Library, Wiliam & Mary. ae. and the Pierpont Morgan iDrary have collecticas ranging up to 130 pieces i volume and 2 boxes are in the Library of Congress. The Kentucky Historical Society (Franktort), the University cf Kentucky Library and the University of North Carolina Library have assorted papers, mostly pre- Presidential. The Buffalo Historical Society has all but a few that are in the Library of Congress. The largest collection, 1,5C0 items is in the New Hampshire His- torical Society. The | eo has a few additional ing oy But the papers re! the period of the presidency for the most part, disappeared. The Library of 4 ~ has 11 volumes and boxes, and the His- torical Society of Pennsylvania has 25,000 items. There is a considerable collection in the Lancaster (Pa.) Historical Society. Smailer collections are in Franklin & Marshall College Library, Dickinson Coliege Library, the Rutherford B. ee Ohic), the a Mcrzan Librery, the York Historical Society, and the Princeton University Library. See fvotnotes at end of table. Tyler cache was burned in pao hy = Richmond was raty of Congress =. chased fom 413 DEPOSITORIES AMD PURCHASES OF PRESIDENTIAL PAPERS—Continued President Depositories ' Purchases? L95raham Lincola mee om 5 esident 1661- 65. Ladrea Johnson (i£%3-75), Presizent 1865-€3. Ulysses S Grant 1222 85). tesizent 1289-77. Rutherford B. Hayes (1222-93), Presi- cent 1877-81 James A. Garfield (1931-81). President 134!. Chester A. Arthur (1230-85). President 1881-85. Grover Clevaiand (1837-1908) Benjamin Ha.1ison (1833-1901) Presi- dent 1889-93. Witham McMiniey (1843-1991), Presi- dent 1897-190). Theddore Roosevelt (1858-1319). Presi- Cent 1901-09. The major collection, ower 250 wcities and boxes, isin the Library of Congress. The Miivors H.s:srcal Society has cver 6.°C0 items. and the Brow Unieetsets Liirary 1.673 pieces. There are ¢ boxes cf material a: ine Us.versrcy cf Cnicago. Other ccitecuons are at the Chicago Histcr.ca: Sx ety (SG items), Indiara Uriver- sity Lideary (215 ems), Zcs2c° vr saree Lidraries (60 items), Harvard Cologe Library (4) -e~ 7"), New Yors Pistorca: Sx.ety (4 wilumes and DOtEs). Sea Yoru Pubtic Lirary (4 tzxes), Winnasota Hastcrcal Sc ety (il stems), Misscuri Hist=rical Sxiety (41 tems). the P.27co-t Weorgan Litracy (25 items). the Rutherforc 6. Hayes Lcsary (Frement, Orc), ant Lincela Mem-nial Uniearsity ‘rlatr:gace, Te77.). The Litrary ot Co-gress Fas 275 clones and t:aes, Tre Outer. ford B. Mayes Licrary has 252 seus, ane the Duke Urvesrinty Libraries have +2 tems. The Litvary cf cargrets “ss c.e* 190 volurres and tcues. The Henry E. Wuntagts> urtsare mes 325 tems, anc the RuSser*sr 2 B. Mayes Library 255 stems Soma. er cclections are at tre Cr.cags Historical Saciet, (ict 2 acet). Huvois State Historica! Letrary wad pieces), C-:cago OWS. Lesrary (10 pieces), Mirno.3 Mestcrical ciety (27 setters). toe ‘vee Yora Historical Socrety (35 ste75), and tre Pierpont Morga~ wrrary (11 pieces). e Some 309 volumes 2-4 75,°C5 items are in the Putrerford B. Hayes Lidrat, in Fremcrt Goro, Mayes’s home Wester> Re- serve University Littary 25 2 Downes, and the Litrary of Co- gress has 5 boxes, There are 343 sciume: 2-7 teses, most ore-Presidertial. i- tre Lidrary cf Congress The © + > Historical Socvety nas 1] boa. ard tre Rutnetord B. ha.es Letcery has 30 iter.s. The Lidrar, of Comg-ess “as § teoxes; the “sew Yors Hittciical Society 8 vo'urer =f letters and a box of otter papess The Rutrerfors 8. Hayes Lit’a*y ras 16 items. The maict collections ate at the Library cf Congress #.th £97 volumes ars 109 tcret 3-3 tha Detroit Pudi Libra, with 1,250 items large!s re'z*i-z 2 the second administrate. Tne Butfaio Hestorcal Socety “38 75 items, “ew York Hoctorical Society So items a-2 Piergoct Morgan Library if pisces. Princetor Univers.ty Liz’aty asa Nas a varied collection The Lidrar, of Congrest “2s 290 welumes and 193 boxes. Indiana pea has a dcaciparers, and the Rutherfzr¢ B. Hayes Lit:ary items. There is a collection of £17 wx umes and boxes in the Lidrary of Congress. and cther sicaie ccliectrons are at the Western Re- serve Historical Society and the Western Reseree U-iversity Library (2 volumes of 'e*ters). A few papers are at the Rut*erfors B. Hayes Lidvary The Library of Congress accuired its collection cf Johnson cepers through two curchase: from family heirs for $7,500. Though not 2 prolific letter writer, Grent ts reported to have returned certain letters he received as Presitentjto the originator of the correspondence. The frst actual Presidential library, the Hayes Me- morial Library is main- tained by the State of Omo and the Rutherford B. Hayes-Lucy Webb Hayes Foundation. The Library of Congress was mace a gil its Gari.eld coliection in 1930- 31 by the former Presi- Gent's children. The Cleveland collection of the Library of Congress was presented asa # by Mrs. Preston, the former President's widow The Harrison papers were presented tc the Library of Congress members of the former President's family. Apprcximately 122,000 stems were presented to the Lidrary of Congress in 1935 by George 8B. Cortelyou. the President's personal secretary and executor. The Library cf Congress Sat well over 1,000 « —« f Virginia Library has 248 tend Historical Sozic7 oundation has some mau ¢ There are 4 boxes in the Library of © . 2 boxes in >. ~hio Historical Seceety and an undi amount in the rn ong Memorial Association, Marisa, Ob*. The Library of Congress h2s 357 boxes, and the Forbes Library, Northampton, “2ss . 79 volumes ard boxes. Smaller cctlections are at Amherst College Litrary, the State Library cf fAassa- chusetts, and Tul2r2 Uriversity Lidrary. The chief reposito-ies ere the “cover Institution on War, Revolu- tien, and Peece at Stia‘:r¢ University, and the Hoover Library at Vest Branch, Io.v2. There 2re smail ccilecticns at the Uni- versity of Southern Ca':f>-miz. Yale University Library, Harvard Coliege Library, end Pri-zetur University Library. There is a — and 94 + collection in the Bganklin DO. Roosevelt Liorary at bh. -¢ Park, WY. The Library of Congress had ] volume and 2 boxes, and the Duke University Lidraries have 26 items. The central collection is 2* the Truman Library. Independence, Mo. There are a few pzper: 17 the Library of Congress. The papers are housed a: 12 cisenhower Museum in Abilene, Kans. The papers of Kenned,, 2: well 2s others relating to his adminis- tration, will be housed 11 a memorial lidrary at Harvard Univer- sity. The Johnson papers are 2! the Ly+40n Johnson Library located at the University of Texes. ~ustia, Tex. The Nixon papers ar2 being gathered in Washi at the National Archives for shipment to 2 Federal Records Center near San Clemente, Calif, where the, will be under the joint supervision of the former President 224 the G2neral Services Administration. it H | Information regarding papers depositories is gerer2il; drawn from Arthur Bernon Tourtellot. The Presidents on the presidency. Gardes City NY. Doubleday & Co., 1955, 2D. 471-485; updating material supplied by the National Archives purchases of Presidential parers is drawn from David Demarest Lloyd. Presidential papers and Records Service. > Information and Presidential li =, Manuscripts, v. 8, fall, 1955:9-15. - Source: Harold C. Relyea, analyst, American National Government, Government and General Research Division, Sept. 24, 1974. 415 COUNTY OF ARLINGTON _) ) ss STATE OF VIRGINIA ) AFFIDAVIT Personally appears before me Jack Alvin Albright, Major General, U.S. Army, who, being duly sworn deposes and says: (1) I, Jack Alvin Albright was assigned as the Commanding Officer, White House Communications Agency from Apri! 29, 1965 to June 12, 1969. In making this affidavit the following represents my best recollec- tion of actions taken with respect to my assigned duties at the White House Communications Agency. (2) At the time I assumed the responsibilities of this position I found that there were in existence facilities whereby the President or designated members of the White House Staff could record telephone conversations by a simple act of pushing a button on the telephone or throwing a separate switch which would activate a recording device thereby recording the conversations. My Agency was responsible for installing and servicing these facilities. Either at the end of each day or when the recording belt or tape was completed, a member of my Agency removed the recording and presented it to the secretary of the office concerned. Recordings were transcribed by secretaries in the White House Staff as directed by the office in which the recorders were installed. Recorders were installed or available on selected telephone lines in the office of the President and the office of his Appointments Secretary. In addition, this same capability was available at Aspen Lodge, Camp David, Maryland, the Main Ranch House at the LBJ Ranch in Texas, and the presidential offices in the Federal Office Building in Austin, Texas. These recorders were not equipped with any warning devices. 416 (3) The conference table in the Cabinet Room at the White House contained hidden microphones which could be activated at the conference table. (4) In January 1969 President Johnson personally directed me to remove all recording devices from the Cabinet Room and from all telephones. This was accomplished prior to the departure of President Johnson from office. /s/Jack Alvin Albright J.A.A. County of Arlington ) ) ss State of Virginia ) Subscribed and sworn to before me, a Notary Public for the County of Arlington, State of Virginia, this 17th day of July, 1973 /s/Rose C. Morris Notary Public My commission expires 20 April 1976. [Caption Omitted in Printing] AFFIDAVIT OF MILDRED STEGALL State of Texas : 3 County of Travis MILDRED STEGALL, being duly sworn under oath, deposes and says as follows: 1. On June 30, 1975, I retired from the position of Program Officer in the Lyndon Baines Johnson Presiden- 417 tial Library where I had been employed since mid-1969. Prior to that time I was employed as an assistant to President Johnson during his term in the White House. I joined his Senate staff July 1, 1953, and worked continuously for him for the next nineteen and one-half years. 2. I worked with President Johnson in the prepara- tion of his memoirs which he wrote after leaving office on January 20, 1969. 3. I served as personal custodian of a quantity of tape recordings which were recorded in the White House during President Johnson’s term. These were principally recordings of telephone conversations between President Johnson and others made on a selective basis from a device activated manually on his secretary’s desk outside the Oval Office. Some were recordings of meetings held in the Cabinet Room. 4. President Johnson made frequent use of these recordings during the preparation of his memoirs. On occasions when preparing portions of his memoirs in which the recordings reflected what he had said or done, he would request me to type a transcript of the recordings covering that period so that he could personally review them. 5. Also, when President Johnson considered the transcripts to be pertinent, he would permit members of his staff to review particular recordings. In most instances he dictated summaries of these recordings for the staff members’ use in their work on the memoirs. 6. President Johnson on various occasions informed me he considered that ultimately these recordings would be of benefit to historians but that he was concerned that these recordings never be used to injure, embarrass or otherwise reflect adversely upon any person. He in- 418 structed me, in this regard, that if the recordings should be in my possession at the time of his death, I should deliver them thereafter to the Director of the Presidential Library and inform him that the recordings were to be deposited under seal and that the seal should not be broken nor the recordings reviewed for a period of fifty years from the date of President Johnson’s death. 7. At the time of President Johnson’s death, the recordings were in fact in my custody. As President Johnson had requested, I delivered them to Harry Middleton, Director of the Johnson Library, and in- formed him of the fifty years access restriction President Johnson had requested to be imposed. /s/Mildred Stegall MILDRED STEGALL Subscribed and sworn to before me this 29th day of July, 1975. /s/John M. Barr Notary Public [SEAL] My commission Expires: June 1, 1977 [Caption Omitted in Printing] AFFIDAVIT OF JOHN R. HUBBARD I, JOHN R. HUBBARD, being duly sworn, hereby deposes and say: 1. I am the President of the University of Southern California located in Los Angeles, California and have served in that capacity since August 3, 1970. 419 2. Beginning in approximately March 1975, I en- gaged in a series of discussions with former President Richard M. Nixon concerning the disposition of the historical materials pertaining to his public career, including those relating to his tenure as President. During those discussions Mr. Nixon expressed to me his desire that these materials be preserved for history and that they be made available to scholars for research and analysis. 3. During these discussions I expressed to Mr. Nixon the University’s willingness to establish a library to house Mr. Nixon’s historical materials, and I informed him that the University was prepared to operate an appropriate archival facility upon the receipt and inventory of said materials. 4. Although it is the University’s desire to include in the Library historical material pertaining to Mr. Nixon’s entire public career, the material relating to his tenure as President, particularly those items now in the possession of the Government which are the subject of this lawsuit must, obviously, form the core of the Library. Considering the extraordinary historical significance of many of the events which occurred during Mr. Nixon’s Presidency, the University firmly believes that the records behind these events should be made widely available for research and study. In this regard, my discussions with Mr. Nixon included reference to the White House tape recordings which, in the interim depository agreement with the General Services Administration (GSA), Mr. Nixon had agreed should be destroyed as of September 1984, or at the time of his death, after an initial five-year deposit. Mr. Nixon stated that he intended these recordings to be included among the materials transferred to the University and that he would take steps necessary 420 to eliminate the destruction provisions of that agreement in order to facilitate that expressed intention. 5. A copy of Mr. Nixon’s public statement released in conjunction with the announcement of the plans for a presidential library at the University of Southern Califor- nia is attached hereto as Exhibit A. A copy of the University’s public statement in this regard is attached hereto as Exhibit B. The University is presently negotiat- ing with Mr. Nixon through his attorneys as to the precise terms of the Agreement which will finalize these discussions. /s/John R. Hubbard J-R.H. Date: 30 July 1975 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES _) On July 30, 1975 before me, the undersigned, a Notary Public in and for said State, personally John R. Hubbard, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. /s/[Mlegible] [SEAL] 421 [Caption Omitted in Printing] PLAINTIFF’S BRIEF IN SUPPORT OF CLAIM FOR PERMANENT INJUNCTIVE AND DECLARATORY RELIEF * * * III. THE PRACTICE OF PRESIDENTS AND OTHER CONSTITUTIONAL OFFICEHOLDERS IN EXERCISING INCIDENTS OF OWNERSHIP IN THE PAPERS AND EFFECTS OF THEIR OFFICES A. Presidents. Although every constitutional officeholder has treated the materials accumulated by him while in office as his own, the record demonstrating in what forms thai ownership has been exercised is understandably best documented in the case thoroughly illustrates the unvarying practice of early Presidents and their families in exercising common law incidents of ownership, but it is informative to discuss a few examples here because they not only lend support to plaintiff’s claim to the same rights but help explain the rationale that underlies the cutsom of ownership. The papers of 23 Presidents are now found in the Library of Congress’ presidential collections. Historians and scholars employed by the Manuscript Division of the Library have documented the history of the collections and have described how each President and his family disposed of the papers of his office.*! 21 See Stipulation, dated July 31, 1975, concerning the Library of Congress’ historical summaries describing its collection of presidential papers and effects [hereinafter “Stip. of Hist. Summ.”’}. 422 1. The practice prior to Hoover. George Washington. At the end of Washington’s second term, he instructed his personal secretaries to separate from among his papers those which he wished to leave for John Adams’ use. The remainder were packed and sent to Mount Vernon. In the short time Washington lived after leaving office, he was able to review only a small portion of his papers. Upon his death, he bequeathed to his nephew, Bushrod Washington, “‘all the papers in my possession which relate to my civel [sic] and military administration of the affairs of this country, also, such of my private papers as are worth preserving.” From 1800 to 1833, the papers changed location several times, although the bulk of the collection remained in the hands of Chief Justice Marshall, who intended to write a biography of Washington. However, between 1824 and 1827, Washington’s nephew nego- tiated with Jared Sparks to have him write an official biography of Washington. A contract was finally exe- cuted, and Bushrod Washington directed that the papers be sent from Marshall to Sparks. In 1833, the Secretary of State requested of George C. Washington (nephew of the deceased Bushrod Washing- ton and legatee of the papers) that-he deposit the papers in the Department of State. Washington agreed to transfer title, with the exception of those “‘of a private nature, or which it would be obviously improper to make public.”’ He reserved to Sparks the right of publication of the papers. On June 30, 1834, Congress appropriated $25,000 for the purchase of Washington’s papers pur- suant to the Secretary of State’s agreement, and in 1849, it appropriated another $20,000 to purchase papers withheld earlier by Washington under the exceptions 423 s originally agreed upon. (Stip. of His. Summ., /ndex To The George Washington Papers, Library of Congress (1964). James Monroe. When Monroe left the Presidency in 1825, he was in financial tronble, and looked to the use of his presidential papers as a source of revenue. He wrote an autobiography and one paper for Congress, using his papers in order to raise money. On January 27, 1828, a new method of obtaining income from the papers was suggested to Monroe by Nicholas Trist of Monticello. Trist suggested that Monroe pledge the income from future publication o [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_2329%3A03. Public record. Not legal advice.