Letters from President Nixon to Sam Ervin, 1973
Aware of the Senate Committee investigation, Nixon knew about Alexander Butterfield’s revelation of a White House taping system which led to the two subpoenas that were issued July 23, 1973. Nixon was likely prepared for the subpoenas, and he was quick to respond with his July 23 letter back to the Committee. Those two subpoenas and Nixon’s responses to them solidified the volley back and forth between the Senate Watergate Committee and Nixon’s White House.
The first letter is dated July 23, 1973, and is addressed to “Mr. Chairman.” The letter is two pages long, and it references Nixon’s letter from July 6 and a statement he made on May 22. In the letter, Nixon states that he will not permit access to the tapes—citing executive privilege as well as separation of powers.
The second letter is dated July 6, 1973, and is addressed to “Mr. Chairman.” The letter is four pages long. It references the May 22 statement as well as former President Truman’s actions when subpoenaed by the 1953 Committee of the House of Representatives. The letter details the reasoning behind Nixon’s refusal to testify before the Committee or to allow access to Presidential papers. Nixon includes a quote from the May 22 statement which specifies that executive privilege will no longer be invoked for present or former White House staff. Nixon refuses access to his Presidential papers but allows for the unrestricted testimony of present and former White House staff. Nixon uses precedent set by Truman’s actions to justify his refusal of his own testimony. When subpoenaed by the 1953 Committee of the House of Representatives, Truman declined to comply on the grounds that separation of powers forbade his appearance, which was not challenged by the Congress. Nixon included Truman’s letter with this letter and requested it be made part of the Committee’s record.
The third letter is dated July 23, 1973, and is addressed to “Senator.” The letter is one page long and states that Nixon does not see a reason to meet unless Ervin feels otherwise. It mentions a phone conversation they had on July 12.
The fourth letter is dated July 25, 1973, and is addressed to “Mr. Chairman.” The letter is two pages long. Nixon references the letters from July 6 and July 23 to explain his noncompliance with the first subpoena that requested the recordings of five meetings between Nixon and John Dean. Nixon uses the letter from July 6 to explain his noncompliance with the second subpoena that requested records related to 25 individuals.
