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

any of the aforesaid tapes and papers to the joint possession or custody or control, of Richard Nixon, or any other person or entity.

(6) that William B. Saxby, individually and as Attorney General 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 causing, directly or indirectly, transfer of any of the aforesaid tapes and papers to the joint possession or custody or control, or the exclusive possession or custody or control, of Richard Nixon, or any other person or entity.

(7) that Leon Jaworski, individually and as Special Prosecutor for 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 causing, directly or indirectly, the transfer of any of the aforesaid tapes and papers to the joint possession, or custody or control, or the exclusive possession or custody or control, of Richard Nixon, or any other person or entity, other than transferring these tapes and papers, presently in his possession, pursuant to direction or order of a court of the United States in the course of legal proceedings. (8) that Arthur F. Sampson, individually and as Administrator for the General Services Administration 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 causing, directly or indirectly, the transfer of any of the aforesaid tapes and papers to the joint possession, or custody or control, or the exclusive possession, or custody, or control, of Richard Nixon, or any other person or entity. (9) that the plaintiff have such other and further relief as is just. (10) that the plaintiff recover his costs.

JOSEPH H. KOFFLER,
Plaintiff Pro Se.

Dated: September 25, 1974.

VERIFICATION

DISTRICT OF COLUMBIA, 88.:

Joseph H. Koffler, being duly sworn, deposes and says that he resides at 9-20 166th Street, Whitestone, New York; that he is the plaintiff herein and that he has read the foregoing complaint and knows the contents thereof and that the same are true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes them to be true.

Sworn to before me this 26th day of September, 1974.
ANN D. COLLINS,

Notary Public.

My commission expires November 30, 1976.

JOSEPH H. KOFFLER.

United States District Court, District of Columbia

JOSEPH H. KOFFLER, PLAINTIFF v. 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, INDIVIDUALLLY AND AS ADMINISTRATOR FOR THE GENERAL SERVICES ADMINISTRATION OF THE UNITED STATES, DEFENDANTS

(Civil Action No.

Notice of Motion

To: Gerald Ford, White House, Washington, D.C.; William B. Saxbe, Attorney General's Office, Washington, D.C.; Leon Jaworski, Special Prosecutor's Office, Washington, D.C.; and Arthur F. Sampson, General Services Administration Office, Washington, D.C.

Please take notice, that the undersigned will bring on the annexed motion for hearing before this Court in Room United States Court House, District of Columbia, on the day of September, 1974, at the

o'clock in

noon of that day or as soon thereafter as counsel can be heard.

JOSEPH H. KOFFLER,
Plaintiff Pro Se.

United States District Court, District of Columbia

JOSEPH H. KOFFLER, PLAIN TIFF V. 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, INDIVIDUALLLY AND AS ADMINISTRATOR FOR THE GENERAL SERVICES ADMINISTRATION OF THE UNITED STATES, DEFENDANTS

Civil Action No.

Motion for Temporary Restraining Order and Preliminary Injunction Upon the Complaint herein and upon the attached affidavit of Joseph H. Koffler, plaintiff respectfully moves the court for:

A Temporary Restraining Order, restraining defendants 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, their agents, employees, attorneys and all persons acting on their behalf from complying with, or carrying out, directly or indirectly, any of the terms or conditions of the agreement to transfer tapes and papers to Richard Nixon, a former president of the United States, which was entered into by said Arthur F. Sampson and said Richard Nixon on or about September 7, 1974; and a temporary restraining order, restraining defendant Gerald Ford, individually and as President of the United States, his agents, employees, attorneys and all persons acting on his behalf from conducting, facilitating, expediting, or in any way causing, directly or indirectly, the transfer of any of the aforesaid tapes and papers to the joint possession or custody or control, or the exclusive possession or custody or control, of Richard Nixon, or any other person or entity; and a temporary restraining order restraining defendant William B. Saxbe, individually and as Attorney General of the United States, his agents, employees, attorneys and all persons acting on his behalf from conducting, facilitating, expediting, or in any way causing, directly or indirectly, transfer of any of the aforesaid tapes and papers to the joint possession or custody or control, or the exclusive possession or custody or control, of Richard Nixon, or any other person or entity; and a temporary restraining order restraining Leon Jaworski, individually and as Special Prosecutor for the United States, his agents, employees, attorneys and all persons acting on his behalf, from conducting, facilitating, expediting, or in any way causing, directly or indirectly, the transfer of any of the aforesaid tapes and papers to the joint possession or custody or control, or the exclusive possession or custody or control, of Richard Nixon, or any other person or entity, other than transferring those tapes and papers, presently in his possession, pursuant to direction or order of a court of the United States in the course of legal proceedings; and a temporary restraining order restraining defendant Arthur F. Sampson, individually and as Administrator for the General Services Administration of the United States, his agents, employees, attorneys and all persons acting on his behalf, from conducting, facilitating, expediting, or in any way causing, directly or indirectly, the transfer of any of the aforesaid tapes and papers to the joint possession, or custody or control, or the exclusive possession, or custody, or control, of Richard Nixon, or any other person or entity, pending hearing and determination of plaintiff's Motion for Preliminary Injunction, on the ground that immediate and irreparable injury, loss and damage will result to plaintiff before notice can be given and the defendants or their attorneys can be heard in opposition. All reasonable efforts have been made to notify the defendants by telephone of this motion, as is fully set forth in the annexed affidavit of Joseph H. Koffler, plaintiff herein.

JOSEPH H. KOFFLER,
Plaintiff Pro Se.

United States District Court, District of Columbia

JOSEPH H. KOFFLER, PLAINTIFF v. 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.

Affidavit on Motion for Temporary Restraining Order and Preliminary Injunction DISTRICT OF COLUMBIA, 88:

Joseph H. Koffler, being duly sworn deposes and says:

1. I am the plaintiff in the above-entitled action and am fully familiar with all the facts, circumstances and proceedings heretofore had herein. I make this affidavit in support of my motion pursuant to Rule 6 of the Federal Rules of Civil Procedure, for an order of preliminary injunction pending the final hearing and determination of this action, and for an order restraining the defendants pending the hearing and determination of plaintiff's motion for a preliminary injunction herein.

2. This action was commenced by the filing of the complaint with the Clerk of this Court on the 26th day of September, 1974.

3. The complaint fully sets forth the acts of the defendants upon which this action is based.

4. Plaintiff will be irreparably harmed and injured if the defendants are not temporarily enjoined and if they are not temporarily restrained pending a hearing and determination of this action.

5. This is so because it is possible for the defendants by a single act to transfer possession of the tapes and paper, which are the subject matter of this action, in such a way as to make relief of this action impossible, and to cause the irretrievable loss or destruction of said tapes and papers. If just this single act is committed, a permanent injunction in this action would prove nugatory and meaningless, and the Equity Jurisdiction of this Court would be undermined and destroyed in the instant case. Defendants have already indicated the intent to transfer these tapes and papers by the agreement referred to in the verified complaint herein any may do so instantly in conformity with the terms of their agreement. They have also repeatedly acted and reacted to events in a precipitate manner so that the result is a "fait accompli".

6. Furthermore, no harm whatsoever can be caused to defendants by granting a temporary restraining order prior to a hearing on the application for a preliminary injunction. In the unique circumstances of this case it is impossible for any harm to be caused to the defendants by such a hearing restraining order.

7. It is respectfully submitted that in the instant case, where complete and irreparable harm can be done to the plaintiff, and the orderly and lawful process of this Court defeated, and where absolutely no harm can be caused to the defendants, the application herein for a temporary restraining order should be granted, as well as the other relief requested herein. Only in this way can the Court be assured that the application for a preliminary injunction will come before it with the subject matter of the application, to wit, the tapes and papers, before this Court, as it properly should be.

8. On Wednesday, September 25, 1974, plaintiff informed all of the defendants of his intent to move before the District Court of the District of Columbia on Thursday, September 26, 1974, for a temporary restraining order in the within action. This notice was given by plaintiff personally telephoning the offices of each of the defendants as follows: