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Context of 'August 15, 1974: White House Announces Nixon Files Will Not Leave Washington'

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The White House announces that none of former President Richard Nixon’s documents and tapes will be released to him, but will instead remain in White House custody pending a resolution of the legal issues surrounding the materials. Nixon has correctly argued that all other presidents routinely receive their files and documents upon leaving office, but these are extraordinary circumstances and Nixon has no constitutional or legal right to those materials. President Ford’s counsel, Philip Buchen, speaking for Ford, notes that the decision to keep the files “in no way constitutes a denial” that they legally belong to Nixon. Another of Ford’s counselors, Robert Hartmann, later writes that the key to this question is not Nixon’s desire for the files or the Watergate prosecutors’ equal desire for them, but that “Ford wanted to get rid of them. He had no desire to be the daily arbiter of this no-win contest. Nixon’s files were a millstone hung around his fledgling presidency. He desperately wanted to cut himself free.” [Werth, 2006, pp. 83-84]

Entity Tags: Richard M. Nixon, Robert Hartmann, Ford administration, Gerald Rudolph Ford, Jr, Philip Buchen

Timeline Tags: Nixon and Watergate

Richard Nixon’s lawyer, Jack Miller, has prepared a “deed of trust” for Nixon’s presidential documents and tapes. According to the proposal, Nixon and the government will share ownership, and the files will be available for court subpoenas for up to five years. Two keys will be necessary to access the material, with Nixon retaining one and the General Services Administration (GSA) retaining the second. Miller is not sure Nixon will accept the plan, but he presents it to President Ford’s lawyers Benton Becker and Philip Buchen. (Nixon has another reason for wanting to retain control of the documents; his agent, Irv “Swifty” Lazar, is peddling a proposal for his biography to publishers, with an asking price of over $2 million. The documents will be a necessary source for the biography.) Buchen tells Miller that Ford is considering pardoning Nixon (see August 30, 1974). Miller is not sure Nixon wants a pardon, with its implication of guilt (see September 2, 1974). Miller has had trouble discussing Watergate with Nixon, who does not want to discuss it and certainly does not want to admit any guilt or complicity in the conspiracy. Becker says that the entire issue of Nixon’s pardon, and the concurrent question of the Nixon files, has to be resolved quickly. [Werth, 2006, pp. 280-281]

Entity Tags: Richard M. Nixon, Benton Becker, Irv ‘Swifty’ Lazar, General Services Administration, Philip Buchen, Herbert (“Jack”) Miller

Timeline Tags: Nixon and Watergate

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