representing the Internal Revenue Service visited the National Archives to discuss with the Archivist of the United States and GSA legal counsel the circumstances of the President's donation of the papers delivered to the National Archives in 1969. They presented a list of written questions to which they requested replies. We have answered these questions below to the best of our ability. We have also enclosed copies of documents referred to in the answers. Additional documents and pertinent facts can be found in the files of the National Archives and are available for examination by appropriate representatives of the Internal Revenue Service in the course of their inquiry. General Services Administration National Archives and Records Service Office of General Counsel December 19, 1973 Keep Freedom in Your Future With U.S. Savings Bonds 2 1. When and how were the papers delivered? (This question relates only to papers delivered in 1969.) On March 26 and 27, 1969, approximately 1,217 cubic feet of the pre-Presidential papers of Richard Nixon were transferred from a vault in Federal Office Building #7 and from Room 12 of the Executive Office Building to the National Archives Building where they were placed in stack area 19E. This was accomplished in accordance with a request from Charles E. Stuart, Staff Assistant to the Counsel in the White House, in a letter dated March 14, 1969. (Attachment 1). GSA 3 2. Regarding any correspondence accompanying the delivery--were they delivered as gifts or for storage? The letter from Charles Stuart, dated March 14, 1969, (Attachment 1) refers to the delivery of the materials but does not distinguish them as to gift or for storage. It does, however, refer to materials at that time stored in the New York Records Center which had been given to the United States in 1968. A letter from Daniel J. Reed, Assistant Archivist for Presidential Libraries, to Edward L. Morgan, Deputy Counsel to the President, dated March 27, 1969, reports accomplishment of the delivery of the 1969 materials in the National Archives and also refers to the 1968 gifted materials. (Attachment 2). Neither of these letters make clear whether the 1969 materials were delivered as gifts or simply for storage. GSA NARS/OGC 12/19/73 3. Were you restricted in any manner from using or disposing of the documents in the capacity without his (President Nixon's) consent prior to July 25, 1969? No written instructions were received prior to July 25, 1969, relating to the use or disposition of the materials delivered on March 26 and 27, 1969. However, trained archivists under the supervision of Sherrod East immediately began opening the various shipping cartons and placing the papers on archival shelving for preliminary processing. This team of archivists proceeded to write series work sheets as a means of gaining control of the material. Mr. East's detailed report on this archival activity is contained in his memorandum dated May 27, 1969. (Attachment 3). In addition, the Archivist reported to the Administrator on April 4, 1969, that the papers had been "deposited in the National Archives . . .[and] are being arranged to facilitate reference service by the White House staff and any person who may be granted access by the President." (Attachment 4). Since we had in possession the 1968 deed of gift which provided that the materials were to be closed while Richard Nixon was President, we assumed that a similar restriction was intended to be imposed upon the materials received in 1969 and awaited written confirmation. It is customary when materials are received on deposit to consider them closed until some written instrument is received providing for their accessibility. GSA 5 4. When did you receive the deed? The exact date of receipt of the deed of gift in GSA is uncertain. Documentation (Attachment 5) indicates that on April 10, 1970, then Deputy General Counsel Byron Harding was informed by Edward Morgan that a chattel deed did exist and that a copy would be furnished. The deed was received in the Office of General Counsel, GSA, soon thereafter. GSA |