the first time in April but rather at the end of October, which he said meant that the sequence of events that he previously thought had occurred in April 1969 occurred, rather, in November 1969. He stated that his chronology of events surrounding his work on the papers was correct but it began in early November 1969 and not in early April 1969. He told the staff that the initial confusion in his mind about the reference to his possible examination or viewing of the 1969 gift of papers in April of that year results from several things.

Mr. Newman noted that there are errors in recording the dates of his work at the National Archives in his two Nixon appraisal documents. He said that he and his secretary used his travel records as the basis for recording the dates on which he worked on the two gifts. He pointed out that he worked on the 1968 gift in New York at the end of December and then returned to Washington on April 8, 1969, at which time the 1968 papers had been placed in archival boxes and he wanted to note the description and numbers of those boxes for the final appraisal document. He said that his appraisal document for 1968 indicated that he worked at the Archives on just one day, December 29, 1968, but actually he worked on the 1968 gift two days-the one day in December and one day in 1969, April 8. He pointed out further that his appraisal document for the second Nixon gift indicates that he worked one day in April and then continued in November and December of 1969. He stated that this discrepancy was caused by his and his secretary's misreading of their travel records by simply assuming that the work on the first gift was done during 1968 travel and that the work on the second gift was done on the basis of 1969 travel. He indicated that looking at these documents caused him to think in his initial recollections and his statements to the White House and the Internal Revenue Service that perhaps he had worked on the second gift of papers in April 1969 and learned of the $500,000 figure then.

Mr. Newman told the staff that Sherrod East's insistence that he neither worked on nor saw the undeeded material in April caused him to doubt his belief because Mr. East is a man "who has no ax to grind and who would be truthful." Mr. Newman said that he did see Mr. East then but that it would seem that he saw him in connection with the 1968 material, which agrees with Mr. East's account.

Mr. Newman pointed out, however, that his attorney tells him that there may be a possibility that some undeeded papers were in stack area 14W when he was there working on the 1968 gift of papers. This is because two of the inventory sheets relating to the 1969 papers produced by Mr. Newman indicated that the items on the list were at that time in 14W. Neither he nor his attorney could recall from where they received these sheets. (The staff has the complete set of worksheets compiled by Mr. East and his trainees and in checking for these two sheets has determined that the two worksheets are for material deeded in 1968 which were in 14W; the sheets do not indicate that any of the undeeded papers were stored in 14W.)

Mr. Newman said finally that his original belief that he may have seen the papers in April 1969 stemmed partly from the fact that at the time when he discussed his work on the second gift in 1973 at the White House, he was led to believe that in April 1969 Mr. DeMarco called him to introduce himself as the President's attorney and to tell him that all of Mr. Newman's dealings on such matters would be with him. He said that the April date of this first call from Mr. DeMarco

was simply accepted as an unquestioned fact by all concerned at that time. Mr. Newman indicated that the sequence of events which he recalled was that he had a call from Mr. DeMarco followed by a visit a few days later to the National Archives and then a report on the 1969 papers. As discussed above, Mr. Newman said he now believes from a careful examination of his correspondence, particularly his October 31, 1969, letter to Mr. DeMarco (referred to above as Exhibit 1-11) and his telephone records that he may actually have heard from Mr. DeMarco for the first time in October 1969 rather than in April of that year, that he must have worked at the Archives on the undeeded papers for the first time early in November, and that he then wrote and called Mr. DeMarco. He believes that the sequence of events was the same as he originally thought, but that they occurred at a completely different time; that is, at the end of October and the beginning of November, rather than in early April.

DeMarco's handwritten notes on his telephone conversation with Newman

Frank DeMarco has provided the staff with handwritten notes that he asserts were taken during his first phone conversation with Ralph Newman. The notes themselves (Exhibit I-23) are undated, but Mr. DeMarco's written statement to the staff indicates that he believes the conversation occurred in the first week of April 1969.

The notes indicate that Mr. Newman said he would be at the National Archives on Monday, presumably the next Monday after the phone call, and that he would segregate enough papers to satisfy "this requirement." The note indicates that Mr. Newman would do a preliminary survey for two or three days and would come back in a month to do the detailed examination and segregation and would prepare a horseback figure" on what else is there. Mr. Newman has told the staff that he believes their conversation took place in late October 1969, not in April.

There are several reasons to suggest that Mr. Newman is correct. not Mr. DeMarco, First, Mr. Newman did not go to the Archives on any Monday in April. (April 8, 1969, was a Tuesday.) He did, however, go to the Archives on Monday, November 3. Second, on November 3. Mr. Newman actually did the things that the notes indicate he said he would do. As will be discussed below, Mr. Newman made a preliminary survey that day and a rough calculation of the value of the whole collection of papers. Several weeks later, Mr. Newman returned to begin a detailed segregation. Third, Mr. DeMarco's notes state that he was to tell Mr. Morgan to inform the National Archives that Mr. Newman was to be there on Monday. For Mr. Newman's April 8 visit to the Archives, arrangements had been made in writing to give him access to the 1968 deeded papers. No right of access was prepared for the November 3 visit, which means that arrangements for Mr. Newman's access to the papers must have been made by phone. (Dr. Reed has informed the staff that Mr. Newman would not have been permitted access to the undeed papers without either a written right of access or a phone call from Mr. Morgan or some other representative of the President.)

The reference to segregation of materials for the gift suggests that Mr. DeMarco did not believe that the President wanted to give an undivided interest in the papers or that he believed the gift consisted

of all the papers delivered in March, 1969. Rather it suggests that a specific group of papers to be segregated by Mr. Newman was to be

given.

National Archives personnel's account of Newman's visit on April 8 Sherrod East told the staff that he accompanied Mr. Newman on April 8, 1969, to Room 14W of the Archives, where the 1968 deeded papers were kept, and was with him the entire time he was there. Mr. East indicated that Mr. Newman finished sometime during the noon hour and to his knowledge did not return to the National Archives that afternoon. Mr. East said that not only did he not see Mr. Newman that afternoon but that he (Mr. East) worked in stack area 19E with the other pre-Presidential papers during the entire afternoon and that Mr. Newman at no time in the afternoon came to that area.

Mrs. Livingston said that she did not accompany Mr. Newman to 19E that day and that she checked with each one of the archival trainees that were there at that time, finding that none of them said that they took Mr. Newman to 19E. Mr. Newman would have needed someone to accompany him to 19E since it is a locked room (with both a key lock and a combination lock) that is quite a distance from 14W, the location of the 1968 papers, and requires someone with an understanding of the arrangements of the National Archives storage areas to get there because it requires riding two elevators and walking through several different passages to get from 14W to 19E. Newman's alleged report to DeMarco after his April 8 visit

In his earlier statements to the Joint Committee staff and the Internal Revenue Service, Mr. Newman indicated that several days after he left the National Archives, after working on the undeeded papers for the first time, he called Mr. DeMarco and made this information known to him. Mr. DeMarco also told the staff during his interview that Mr. Newman had told him that he had made a preliminary survey of the papers and had segregated out sensitive letters from the general correspondence files. The staff now believes from the information it has learned that this account is true but, as Mr. Newman indicated in his second meeting with the staff, it did not occur in April, but rather in November 1969. This is verified by Mr. Newman's telephone records that were made available to the staff. These list no telephone calls to Mr. DeMarco in April 1969, but rather show that the first telephone call to Mr. DeMarco occurred on November 5, 1969. This is consistent with Mr. Newman's account that his report to Mr. DeMarco took place in November (rather than April) at which time he had made a preliminary survey and made suggestions for segregating certain sensitive letters in the general correspondence files. As discussed below, it is clear that this preliminary survey and decision. to segregate the sensitive correspondence did occur on November 3,

1969.

The staff made extensive efforts to examine the telephone records of Mr. DeMarco to determine if he made any calls to Mr. Newman during this period. Mr. DeMarco told the staff that all calls relating to President Nixon's legal affairs were charged to a Republican National Committee credit card held by Herbert Kalmbach. The staff did examine the telephone records of the Kalmbach, DeMarco law firm and found no listing of any telephone calls to Mr. Newman.

Mr. DeMarco did not know the number of the Republican National Committee credit card. However, the staff did locate records of the card through the Repulican National Committee and Mr. Kalmbach. In fact, the credit card was not issued to Mr. Kalmbach until May 1969. From that time through 1970 only one call to Mr. Newman was listed and that call was made April 6, 1970. Thus, no records exist to the staff's knowledge of any calls from Mr. DeMarco to Mr. Newman in early 1969.

April 11 1969: Newman's forwarding appraisal document to Morgan and New York accountant

Upon completing his appraisal document for the President's gift of papers for 1968, Mr. Newman sent an original copy of the appraisal document to Mr. Morgan and also a copy to New York to the President's accountant for the 1968 tax return, Martin Feinstein, then of Vincent Andrews, Inc.

Mr. DeMarco told the staff that in his first conversation with Mr. Newman he advised him that he would be handling the legal affairs for the President and that all matters relating to the President should be referred to him. Mr. Newman confirms this. If Mr. DeMarco had actually had this conversation with Mr. Newman in early April, Mr. Newman said that he would have sent a copy of the appraisal document to Mr. DeMarco as well. The staff is aware that Mr. DeMarco was not involved with the 1968 gift of papers, but the staff believes that, nevertheless, Mr. Newman might have sent him a copy of the appraisal document for his records or, if for no other reason, to establish good will with the President's new attorney with whom he would be dealing. The staff has reviewed the correspondence of Mr. Newman subsequent to October 31, 1969, which Mr. Newman now indicates was his first conversation with Mr. DeMarco, and with respect to each development Mr. Newman either sent a letter directly to Mr. DeMarco or a copy of a letter that he had sent to others, such as Mr. Morgan or to the President. This then tends to support Mr. Newman that he had not had a conversation with Mr. DeMarco in early April.

Newman's invoice for his April work on the papers

Mr. Newman sent an invoice for his April trip to Washington to work on President Nixon's papers (Exhibit I-24). The invoice lists expenses for traveling, etc., and a fee for "The Papers of Richard M. Nixon, Part I." The President's check (signed by Miss Rose Mary Woods) was in full payment of the invoice and on the check (Exhibit I-25) it was stated that it was in payment for "Appraisal of the Papers of Richard M. Nixon, Part I."

This suggests that Mr. Newman did no work on the undeeded papers on his April visit, since his invoice for his April trip only referred to the 1968 gift of papers.

Staff analysis

The staff is satisfied that Mr. Newman did not designate or even examine the undeeded Nixon papers in his April visit to the National Archives. The staff has no information, other than Mr. DeMarco's recollection (which he indicates is his "best recollection"), that casts any doubt on Mr. Newman's recollection that he had not been hired to work on the undeeded papers by Mr. DeMarco in early 1969 and

actually did not even talk to him until October 1969. In fact, even a careful examination of Mr. DeMarco's notes (which are not dated) appear to fit in with a telephone call between Mr. DeMarco and Mr. Newman on October 31 better than with one in April, the time when Mr. DeMarco says, to the "best of his recollection," the conversation occurred. Thus, in any event, the statement contained in Mr. Newman's appraisal of the second gift of papers that he examined the papers of Richard Milhous Nixon, Part II, from April 6-8 and on November 3, 17-20, and December 8, 1969, is not correct since it is quite clear that he did not examine the papers in April. The staff concludes from this that there was no segregation or designation of any portion of the papers as a gift prior to July 25, 1969, and that the evidence strongly suggests that Mr. Newman was not even hired by Mr. DeMarco to begin work on the second gift until October 31, 1969.

D. STATUS OF PRE-PRESIDENTIAL PAPERS BETWEEN APRIL 8-NOVEMBER, 1969

The brief prepared by the President's attorneys on the gift of papers argues that from the President's standpoint "the 1969 gift consisted of an interest of specified value in a group of delivered papers." It also states, as indicated above, that the "General Services Administration, which operates the Archives, viewed the delivery as having been made for 'gift purposes' but was unclear on what portion was to become the property of the United States immediately."

The staff examined the status of the papers in the period between April 8 and November 3, this latter date being the date Mr. Newman now says that he began work on the papers, to determine the views of those at the National Archives who were directly involved in the handling and processing of the papers.

Sherrod East's Work on the Papers

As indicated earlier, Sherrod East worked on processing the prePresidential papers until May 27, 1969, at which time he concluded the work he was hired to do and at that time prepared a memorandum (Exhibit I-21) summarizing what he had done. He set forth a statistical analysis showing the condition of the material as it arrived and what he and his trainees had accomplished after their two months' work of processing the initial stages of boxing, temporary labeling, and preparing series inventory worksheets on the papers. He indicated that as of May 27, three-fourths of the final-type labeling was completed and the entire collection was under control for reference and accessioning purposes. He pointed out that the physical locator control of the papers is through series inventory worksheets in two looseleaf books. He pointed out that the arrangement of the sheets in these workbooks was experimental and that it could be altered in a variety of ways as experience or judgment of future custodians of the papers might dictate. He then set forth a number of recommendations to provide consistency in style and terminology so that a format could be prepared and sent to the White House for examination to show the present level of control that had been established for the records. He also suggested that the current labeling project should be completed.

Mr. East concluded his memorandum with a summary of his thoughts, as follows:

"We emphasize that the work accomplished thus far is simply that preliminary to more sophisticated arrangement and descrip