Item Information
Title
Letter from President Nixon to Chairman Sam Ervin, July 25, 1973
Description
This letter is one of four digitized letters from President Nixon to Sam Ervin; this particular letter acknowledges the two subpoenas issued on July 23, 1973, as well as the reasoning behind Nixon’s refusal to comply with those subpoenas.
Creator
Nixon, Richard M. (Richard Milhous), 1913-1994
Source
From Watergate: Nixon, Richard, Separated Folder SEP-3847/1 in the Sam J. Ervin Papers, Subgroup A: Senate Records #3847A, Southern Historical Collection, Louis Round Wilson Special Collections Library, University of North Carolina at Chapel Hill.
Date
July 25, 1973
Rights
http://rightsstatements.org/vocab/NoC-US/1.0/
Format
image/jpg
Language
English
Type
Text
Identifier
https://dc.lib.unc.edu/cdm/ref/collection/03ddd/id/461110
Text
[page one]
THE WHITE HOUSE
WASHINGTON
July 25, 1973
Dear Mr. Chairman:
White House counsel have received on my behalf the two subpoenas issued by you, on behalf of the Select Committee, on July 23rd.
One of these calls on me to furnish to the Select Committee recordings of five meetings between Mr. John Dean and myself. For the reasons stated to you in my letters of July 6th and July 23rd, I must respectfully refuse to produce those recordings.
The other subpoena calls on me to furnish all records of any kind relating directly or indirectly to the “activities, participation, responsibilities or involvement” of 25 named individuals “in any alleged criminal acts related to the Presidential election of 1972.” Some of the records that might arguably fit within the subpoena are Presidential papers that must be kept confidential for reasons stated in my letter of July 6th. It is quite possible that there are other records in my custody that would be within the ambit of that subpoena and that I could, consistent with the public interest and my Constitutional responsibilities, provide to the Select Committee. All specific requests from the Select Committee will be carefully considered and my staff and I, as we have done in the past, will cooperate with the Select Committee by making available any information and documents that can appropriately be produced. You will understand, however, I am sure, that it would be simply not be feasible for my staff and me to review thousands of documents to decide which do and which do not fit within the sweeping but vague terms of the subpoena.
[page two]
Honorable Sam J. Ervin
-2-
It continues to be true, as it was when I wrote you on July 6th, that my staff is under instructions to cooperate fully with yours in furnishing information pertinent to your inquiry. I have directed that executive privilege not be invoked with regard to testimony by present and former members of my staff concerning possible criminal conduct or discussions of possible criminal conduct. I have waived the attorney-client privilege with regard to my former Counsel. In my July 6th letter I described these acts of cooperation with the Select Committee as “genuine, extensive and, in the history of such matters, extraordinary.” That cooperation has continued and it will continue. Executive privilege is being invoked only with regard to documents and recordings that cannot be made public consistent with the confidentiality essential to the functioning of the Office of the President.
I cannot and will not consent to giving any investigatory body private Presidential papers. To the extent that I have custody of other documents or information relevant to the work of the Select Committee and that can properly be made public, I will be glad to make these available in response to specific requests.
Sincerely,
Richard Nixon
Honorable Sam J. Ervin
Chairman
Select Committee on Presidential Campaign Activities
United States Senate
Washington, D. C. 20510
THE WHITE HOUSE
WASHINGTON
July 25, 1973
Dear Mr. Chairman:
White House counsel have received on my behalf the two subpoenas issued by you, on behalf of the Select Committee, on July 23rd.
One of these calls on me to furnish to the Select Committee recordings of five meetings between Mr. John Dean and myself. For the reasons stated to you in my letters of July 6th and July 23rd, I must respectfully refuse to produce those recordings.
The other subpoena calls on me to furnish all records of any kind relating directly or indirectly to the “activities, participation, responsibilities or involvement” of 25 named individuals “in any alleged criminal acts related to the Presidential election of 1972.” Some of the records that might arguably fit within the subpoena are Presidential papers that must be kept confidential for reasons stated in my letter of July 6th. It is quite possible that there are other records in my custody that would be within the ambit of that subpoena and that I could, consistent with the public interest and my Constitutional responsibilities, provide to the Select Committee. All specific requests from the Select Committee will be carefully considered and my staff and I, as we have done in the past, will cooperate with the Select Committee by making available any information and documents that can appropriately be produced. You will understand, however, I am sure, that it would be simply not be feasible for my staff and me to review thousands of documents to decide which do and which do not fit within the sweeping but vague terms of the subpoena.
[page two]
Honorable Sam J. Ervin
-2-
It continues to be true, as it was when I wrote you on July 6th, that my staff is under instructions to cooperate fully with yours in furnishing information pertinent to your inquiry. I have directed that executive privilege not be invoked with regard to testimony by present and former members of my staff concerning possible criminal conduct or discussions of possible criminal conduct. I have waived the attorney-client privilege with regard to my former Counsel. In my July 6th letter I described these acts of cooperation with the Select Committee as “genuine, extensive and, in the history of such matters, extraordinary.” That cooperation has continued and it will continue. Executive privilege is being invoked only with regard to documents and recordings that cannot be made public consistent with the confidentiality essential to the functioning of the Office of the President.
I cannot and will not consent to giving any investigatory body private Presidential papers. To the extent that I have custody of other documents or information relevant to the work of the Select Committee and that can properly be made public, I will be glad to make these available in response to specific requests.
Sincerely,
Richard Nixon
Honorable Sam J. Ervin
Chairman
Select Committee on Presidential Campaign Activities
United States Senate
Washington, D. C. 20510