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United States District Court for the District of Columbia JAMES W. McCORD, JR., 7 WINDER COURT, ROCKVILLE, MARYLAND, PLAINTIFF

v.

Hon. GERALD FORD, THE WHITE HOUSE, WASHINGTON, D.C., AND Hon. PHILIP

BUCHEN, THE WHITE HOUSE, WASHINGTON, D.C., AND Hon. WILLIAM SIMON, DEPARTMENT OF THE TREASURY, WASHINGTON, D.C., AND HON. ARTHUR SAMPSON, GEN. SERVICES ADMINISTRATION, WASHINGTON, D.C., DEFENDANTS

Civil Action No.

Amendments to Complaint Comes now the plaintiff, JAMES W. McCORD, JR., by and through his attorneys, pursuant to Rule 15(a), Federal Rules of Civil Procedure, and amends by interlineation his Complaint filed herein in the following particulars, to wit:

By striking all of Paragraph 1 and inserting in lieu thereof:

"1. This action for Declaratory and Injunctive Relief is brought under 28 U.S.C. $ 1331 (Federal Question Jurisdiction) ; 28 U.S.C. & 1361 (Mandamus); 28 U.S.C. & 2201 (Declaratory Judgment Act); Article I, Section 3, Clause 7 and Article II, Clause 1 of the U.S. Constitution; 44 U.S.C. § 2107 (Deposit of Historical Materials), and 44 U.S.C. $ 2108 (Presidential Libraries. The matter in controversy exceeds, exclusive of interest and costs, the sum of Ten Thousand Dollars."

Immediately preceding Paragraph 18 and as further relief under Count 1 of Complaint, add the following: “And further, plaintiff prays this Court to compel defendant SIMON to order the Secret Service to maintain custody of the tapes and to preserve them."

BERNARD FENSTERWALD, Jr.,

Attorney for Plaintiff. Dated : September 23, 1974.

CERTIFICATE OF SERVICE

I hereby certify that I have mailed a copy of the foregoing Amendments to Complaint this 23rd day of September 1974, to Irving Jaffe, Esq., Deputy Assistant Attorney General, Department of Justice, Washington, D.C., Counsel for Defendants ; Philip Lacovara, Esq., Special Prosecutor's Office, Washington, D.C.

BERNARD FENSTERWALD, Jr.

United States District Court for the District of Columbia

JAMES W. McCORD, JR., 7 WINDER COURT, ROCKVILLE, MARYLAND, PLAINTIFF

Hon. GERALD FORD, THE WHITE HOUSE, WASHINGTON, D.O. AND HON. PHILIP

BUCHEN, THE WHITE HOUSE, WASHINGTON, D.C. AND Hon. WILLIAM SIMON, DEPARTMENT OF THE TREASURY, WASĦINGTON, D.C. AND HON. ARTHUR SAMPSON, GENERAL SERVICES ADMINISTRATION, WASHINGTON, D.C., DEFENDANTS

Civil Action No. 74-1386

Application for temporary restraining order and/or preliminary injunction

Comes now the applicant, JAMES W. MOCORD, JR., plaintiff in the abovestyled case, by and through his counsel, and moves the Court for a temporary restraining order and a preliminary injunction against the defendants, for the purpose of immediately restraining and enjoining them and each of them, their agents, employees, servants, or attorneys, from taking any steps to remove certain tape recordings from this jurisdiction and to enjoin them from relinquishing their custody and control over such tape recordings. The tape recordings referred to are the subject of an agreement entered into between the United States Government and Mr. Richard M. Nixon on or about September 6, 1974. A copy of the said agreement and the complaint herein are attached hereto.

FENSTERWALD AND OHLHAUSEN,

Attorney for Plaintiff-Applicant. Dated: September 20, 1974.

United States District Court for the District of Columbia JAMES W. McCORD, JR., 7 WINDER COURT, ROCKVILLE, MARYLAND, PLAINTIFF

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Hon. GERALD FORD, THE WHITE HOUSE, WASHINGTON, D.C. AND Hon. PHILIP

BUCHEN, THE WHITE HOUSE, WASHINGTON, D.C. AND Hon. WILLIAM SIMON, DEPARTMENT OF THE TREASURY, WASHINGTON, D.C. AND HON. ARTHUR SAMPSON, GENERAL SERVICES ADMINISTRATION, WASHINGTON, D.C., DEFENDANTS

Civil Action No.

Memorandum of Points and Authorities in Support of Application for Temporary

Restraining Order and/or Preliminary Injunction 1. Rule 65, Federal Rules of Civil Procedure. 2. Rule 1-2 of the Civil Rules of this Court. 3. The verified complaint and exhibit filed herein.

4. Such further points and authorities as counsel may raise at the hearing on the application.

BERNARD FENSTERWALD, JB.

United States District Court for the District of Columbia

JAMES W. McCORD, JR., 7 WINDER COURT, ROCKVILLE, MARYLAND, PLAINTIFF

v. HON. GERALD FORD, THE WHITE HOUSE, WASHINGTON, D.C. AND HON. PHILIP

BUCHEN, THE WHITE HOUSE, WASHINGTON, D.C. AND Hon. WILLIAM SIMON, DEPARTMENT OF THE TREASURY, WASHINGTON, D.O. AND HON. ARTHUR SAMPSON, GENERAL SERVICES ADMINISTRATION, WASHINGTON, D.O., DEFENDANTS

Civil Action No.

Certificate of Service Pursuant to Rule 1-12 of the Civil Rules of this Court, I hereby certify that I have this 19th day of September, 1974, caused to be hand-delivered all pleadings and other papers in this action to the office of Irving Jaffe, Esq., and Jeffrey Axelrod, Esq., Attorneys, United States Department of Justice, Washington, D.C., Attorneys for Defendants.

In addition to serving said papers on the aforementioned attorneys, said attorneys were notified that the time this application is to be made at at 10:00 a.m. on September 20, 1974 before this Court.

BERNARD FENSTERWALD, JR.,
Attorney for Plaintiff-Applicant.

United States District Court, District of Columbia

JOSEPH H. KOFFLER, PLAINTIFF

GERALD FORD, INDIVIDUALLY AND AS PRESIDENT OF THE UNITED STATES, WILLIAM

B. SAXBE, INDIVIDUALLY AND AS ATTORNEY GENERAL OF THE UNITED STATES, LEON JAWORSKI, INDIVIDUALLY AND AS SPECIAL PROSECUTOR FOR THE UNITED STATES, AND ARTHUR F. SAMPSON, INDIVIDUALLY AND AS ADMINISTRATOR FOR THE GENERAL SERVICES ADMINISTRATION OF THE UNITED STATES, DEFENDANTS

Civil Action No.

Verified Complaint Plaintiff, complaining of defendants, alleges upon information and belief, all of the following, except paragraph 1(b), (c) and (d), which plaintiff alleges upon knowledge:

1(a) This action arises under the Constitution of the United States, Article II, Section 3; Pub. L. 87-748 g 16; October 5, 1962, 76 Stat. 744, U.S.C.A. Title

28, Section 1361 ; and the Federal common law, as hereinafter more fully appears. The matter in controversy exceeds, exclusive of interest and costs, the sum of Ten Thousand Dollars.

This action is filed under the Declaratory Judgments Act, 28 U.S.C.A. Sections 2201 and 2202, and there is an actual controversy among the parties.

Plaintiff also seeks in this action a Permanent Injunction and a Preliminary Injunction, Rule 65, Federal Rules of Civil Procedure for the United States District Courts.

(b) Plaintiff is an individual citizen of the United States, and a citizen and resident of the City and State of New York, County of Queens, residing at 9-20 166th Street, Whitestone, New York, in said county, which is within the Eastern District of New York.

(c) Plaintiff is a taxpayer of the United States, and a taxpayer of the State and City of New York,

(d) Plaintiff is an attorney at law, duly admitted to practice law at the Bar of the State of New York, duly admitted to practice law at the Bar of the State of Connecticut, duly admitted to practice law at the Bar of the United States in the Southern District of New York, and is a Professor of Law at New York Law School, located at Worth and Church Streets, in the City and State of New York.

2. Defendant, Gerald Ford, President of the United States, has asserted that the tapes and papers of Richard Nixon, a former president of the United States, which were made and compiled during Richard Nixon's term in office as President, are the property of Richard Nixon, and that Richard Nixon has the right to them.

3. Defendant, William B. Saxbe, Attorney General of the United States, has asserted that the said tapes and papers are the property of Richard Nixon, and that Richard Nixon has the right to them.

4. Defendant, Leon Jaworski, Special Prosecutor for the United States, has in his possession certain of said tapes and papers and may, pursuant to court order or otherwise, come into possession of more of said tapes and papers during the course of his official duties as Special Prosecutor.

5. Defendant, Arthur F. Sampson, Administrator for the General Services Administration of the United States, and Richard Nixon have signed an agreement which upholds Richard Nixon's right to said tapes and papers and asserts that title to said tapes and papers is in Richard Nixon, and this right is reiterated in an accompanying legal opinion of defendant William B. Saxbe, as Attorney General of the United States. This agreement, which was entered into on or about September 7, 1974, includes provision that said tapes and papers, which are in the possession of the government of the United States, are to be placed under the joint possession, custody and control of Richard Nixon and officials of the General Services Administration, and that after September 1, 1979, the Administrator of the General Services Administration agrees to destroy any tapes Richard Nixon asks him to destroy, and all remaining tapes shall be destroyed at the time of Richard Nixon's death or on September 1, 1984, whichever event shall first occur.

6. Defendant, Gerald Ford, is responsible for and has assented to the aforesaid agreement, as the aforesaid tapes and papers, exclusive of those in the possession of defendant, Leon Jaworski, as Special Prosecutor, came into Gerald Ford's possession, custody and control when he assumed the office of President of the United States.

7. Defendant, Gerald Ford, has continued to retain possession, custody and control of all or part of the tapes and papers which came into his possession when he assumed the office of President of the United States, or has deposited all or part of them with the General Services Administration, or some other agency of the United States government where they are subject to his direction. He can also be expected to receive possession of the tapes in the possession of defendant, Leon Jaworski, at such time as they are no longer required by Leon Jaworski for legal proceedings, if defendant Gerald Ford is at that time President of the United States.

8. All of the aforesaid tapes and papers are the property of the United States.

9. The aforesaid tapes and papers were made by use of the facilities, property, funds, and personnel of the United States government at the time Richard Nixon was President of the United States, and they are the property of the United States.

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10. Defendant Gerald Ford's assertion that said tapes and papers are the property of Richard Nixon and that Richard Nixon has a right to them, and the subsequent agreement with Richard Nixon referred to aforesaid, amounts to a conversion, diversion and misuse of property of the United States by Gerald Ford, and is thus an illegal and unconstitutional act.

11. In all events, the proposed relinquishment of exclusive control of the tapes and papers by the United States government under the said agreement whereby exclusive control and right to destroy said tapes will ultimately vest in Richard Nixon proposes to convert, divert, and misuse the property of the United States, to wit, said tapes and papers.

12. Said tapes and papers contain a very substantial and irreplaceable record of events that transpired during the first and second terms of the presidency of Richard Nixon. They are of substantial monetary value. They are also of substantial historical significance and importance, and their loss would therefore result in a loss that would be irreplaceable and could not be compensated for by monetary damages, and thus would result in irreparable damage.

13. Article II, Section 3, of the Constitution of the United States requires of Gerald Ford, as President of the United States, that “. . . he shall take care that the Laws be faithfully executed ..." and he has, by the aforesaid, violated this constitutional requirement; and in the implementation of the aforesaid agreement he further proposes to and will violate this constitutional require. ment.

14. Defendant, Arthur F. Sampson, by entering, as Administrator of the General Services Administration of the United States, into the aforesaid agreement with Richard Nixon, committed in illegal act, and an act of conversion, diversion, and misuse of property of the United States, which is the subject matter of that agreement, to wit, the said tapes and papers.

15. In all events, defendant Arthur F. Sampson, by agreeing in the aforesaid agreement to transfer the tapes and papers into the joint possession, custody and control of Richard Nixon, and by agreeing to the destruction of the tapes by Richard Nixon, further proposes to and will commit an illegal act and convert, divert and misuse property of the United States, to wit, said tapes and papers.

16. Defendant, William B. Saxbe, by asserting, as Attorney General of the United States, that said tapes and papers are the property of Richard Nixon, and that Richard Nixon has a right to them, and by reiterating such assertion in his aforesaid opinion accompanying the aforesaid agreement, has encouraged and continues to encourage an illegal course of conduct and the conversion, diversion and misuse of property of the United Staes, to wit, said tapes and records ; and this illegal course of conduct will further result in the conversion, diversion and misuse of said property of the United States upon implementation of the said agreement, which provides that Richard Nixon is initially to have joint possession, custody and control of said tapes and papers and ultimately the right to have the tapes destroyed.

17. William B. Saxbe, as Attorney General of the United States, has taken no legal action to challenge or prevent the implementation of the aforesaid agreement, and has given no indication that he intends to take such action.

18. Defendant, Leon Jaworski, as Special Prosecutor for the United States, has taken no legal action to challenge or prevent the implementation of the aforesaid agreement, and has given no indication that he intends to take such action.

19. In addition to being of substantial monetary value, as aforesaid, and irreplaceable as a historical record, as aforesaid, some of the said tapes and papers have been subpoenaed by Leon Jaworski, Special Prosecutor for the United States, and others, in connection with civil and criminal cases. Many of these cases are of great and vital importance as they involve, among other things, the honesty and integrity of officials at the highest level of government. If found guilty of crimes with which they are charged, such officials can be required to pay fines to the United States, as well as being subject to other penalties.

20. Tapes and papers which have not as yet been subpoenaed, as aforesaid, may be found necessary in trials which are to proceed under indictments already handed down, and tapes and papers which have not as yet been subpoenaed may also be found necessary in the conduct of further Grand Jury proceedings and at the trials of further actions resulting from the handing down of further indictments. These cases may also be of great and vital importance and involve,

among other things, the honesty and integrity of officials at the highest level of government. If the defendants therein are found guilty of crimes with which they are charged, they may also be required to pay fines to the United States, as well as being subject to other penalties.

21. If Richard Nixon is given joint or exclusive possession or custody or control of the tapes and papers or the right to destroy the tapes, this can delay and prevent and destroy the effective administration of justice in trials which are to proceed under indictments already handed down, as aforesaid, and at future Grand Jury proceedings and trials, as aforesaid, and in other legal actions.

22. If Richard Nixon is given joint or exclusive possession or custody or control of the tapes and papers or the right to destroy the tapes, this can result in persons who would otherwise be required to pay fines to the United States upon conviction, as well as being subject to other penalties, not being so required or so subject.

23. If Richard Nixon is given joint or exclusive possession or custody or control of the tapes and papers or the right to destroy the tapes, this can result in vast areas and numerous instances of corruption in government at the highest levels being forever secreted, with all the harm that flows from this result and the fact that this is known or believed to be so.

24. If Richard Nixon is given joint or exclusive possession or custody or control of the tapes and papers or the right to destroy the tapes, this will undermine the effectiveness of the legal system of the United States, and its legal and law related institutions, and cast such immense doubt upon the integrity, credibility and objectives of legal institutions, and institutions related to law and legal learning, so as to approach the level of catastrophic harm, and cause severe damage to those institutions and those persons having professional, economic and other relations to and interests in these institutions and the societal objectives to which they are dedicated.

25. Plaintiff, as a taxpayer and citizen of the United States and the State of New York, has been and continues to be damaged by the aforesaid, and has an actual controversy with the defendants herein and an interest adverse to them.

26. Plaintiff, as an attorney at law of the United States, the State of New York, and the State of Connecticut, has been and continues to be damaged by the aforesaid, and has an actual controversy with the defendants herein and an interest adverse to them.

27. Plaintiff, as a legal educator, has been and continues to be damaged by the aforesaid, and has an actual controversy with the defendants herein and an interest adverse to them.

28. Plaintiff has been and continues to be otherwise and additionally damaged by the aforesaid, and has an actual controversy with the defendants herein and an interest adverse to them.

29. Unless this Court grants the relief requested there exists no other adequate remedy for the irreparable injury to which the plaintiff is and will be subjected. Wherefore, plaintiff demands that this Court adjudge:

(1) that complete and exclusive title to all of the aforesaid tapes and papers is in the United States;

(2) that the aforesaid agreement, signed by Richard Nixon and Arthur F. Sampson, is in no way binding upon the Government of the United States, and creates no obligations or duties on the part of the United States;

(3) that the aforesaid agreement signed by Richard Nixon and Arthur F. Sampson is null and void, and of no legal effect;

(4) that all of the defendants herein, Gerald Ford, individually and as President of the United States, William B. Saxbe, individually and as Attorney General of the United States, Leon Jaworski, individually and as Special Prosecutor for the United States, and Arthur F. Sampson, individually and as Administrator for the General Services Administration of the United States, be directed not to comply with or carry out, directly or indirectly, any of the terms or conditions of the aforesaid agreement, and all of said defendants, their agents, employees, attorneys and all persons acting on their behalf be preliminarily and permanently enjoined from complying with, or carrying out, directly or indirectly, any of the terms or conditions of the aforesaid agreement.

(5) that Gerald Ford, individually and as President of the United States, his agents, employees, attorneys and all persons acting on his behalf, be preliminarily and permanently enjoined from conducting, facilitating, expediting, or in any way cansing, directly or indirectly, the transfer of

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