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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.

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

Notary Public.
My commission expires November 30, 1976.

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 Admin

istration 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 o'clock in the 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 II. 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.

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, individ. ually 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, facilitat. ing, 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:

Plaintiff telephoned the White House and informed Gerald Ford, President of the United States, at about 3:35 P.M. by relaying the information to one who was identified as Jay French ; plaintiff telephoned the Attorney General's Office and informed William B. Saxbe, Attorney General of the United States, at about 2:50 P.M. by relaying the information to one who was identified as being in Paterson's Office; Plaintiff telephoned the Special Prosecutor's Office and informed Leon Jaworski, Special Prosecutor for the United States, at about 4:00 P.M. by relaying the information to one identified as Campbell; plaintiff telephoned the General Services Administration Office and informed Arthur F. Sampson, Administrator of the General Services Administration of the United States, at about 4:05 P.M. by relaying the information to one identified as Barth.

9. Plaintiff has previously made application for the relief requested herein, as follows:

On September 20, 1974, plaintiff made a request to the United States District Court for the Eastern District of New York for an Order to Show Cause, requesting both a temporary restraining order and a preliminary injunction. Judge Orrin G. Judd, who considered the application, did not grant the temporary restraining order but did order the defendants to show cause at 10:00 A.M. on Friday, September 27, 1974, why a Preliminary injunction should not be issued. However, said action is being voluntarily dismissed by plaintiff and there will therefore be no hearing therein. On the aforesaid application for a temporary restraining order, defendants were given no notice of plaintiff's said application.

To the extent that the failure to give notice to any of the defendants may have determined Judge Judd to not grant a temporary restraining order, as aforesaid, that situation is not present herein, and, in fact, precisely the opposite is true, as all of the defendants have been notified of this application, as is noted aforesaid.

Wherefore your deponent respectfully requests that this court grant the attached order temporarily restraining the defendants in the manner set forth therein, and for such other and further relief as to this court may seem just and proper.

JOSEPH H. KOFFLER. Sworn to before me this 26th day of September, 1974.

[Seal] ANN D. COLLINS, Notary Public. My commission expires November 30, 1976.

Mr. BRADEMAS. At this point in the record, I would like to insert a statement from H.G. Jones, curator, University of North Carolina Library. [The statement referred to follows:]

THE UNIVERSITY OF NORTH CAROLINA LIBRARY,

Chapel Hill, N.C., October 1, 1974. Re H.R. 16902 and related bills concerning Presidential records. Hon. JOHN BRADEMAS, Rayburn House Office Building, Washington, D.C.

DEAR CONGRESSMAN BRADEMAS: I regret very much that I cannot be present on Friday, October 4, to testify before your committee concerning bills relating to Presidential Records.

However, I am glad to enclose a brief statement for the record.

Having for years “preached" the doctrine of public ownership of official records of government officials, I am encouraged by the interest of Congressmen like yourself, and I urge prompt Congressional action to retain in Government custody the records of former President Nixon's administration. I also approve the commission proposed in your H.R. 16902, though I do make a suggestion in my statement for the addition of two additional members. Thank you for giving me the opportunity of commenting. Sincerely yours,

H. G. JONES,

Curator. Enclosure.

STATEMENT OF DR. H. G. JONES, CURATOR, NORTH CAROLINA COLLECTION, UNIVER

SITY OF NORTH CAROLINA LIBRARY (FORMER PRESIDENT, SOCIETY OF AMERICAN ARCHIVISTS)

I regret that circumstances prevent my accepting Chairman Brademas' kind invitation for me to testify before his committee, but I am glad to furnish this brief statement for the record.

In my book, The Records of a Nation (1969), I urged a President of the United States to exercise an "act of statesmanship" by renouncing private claim to the official records of his office. Now, five years later, the subject has been brought to the attention of the American people by an act of ignominy. Thus, though formerly the concern over private claim to public property was restricted to a tiny group of ineffective archivists, now the incongruity of the "almost unvaried understanding of all three branches of the Government since the beginning of the Republic" (as Attorney General Saxby put it) is open to view by the country as a whole. It is high time that we "call into question the practices of our Presidents since the earliest times."

When George Washington carried off the official records of his administration, he did so as the custodian of “a species of public property" because the young government had developed no national archival program. The facts that Washington later willed the records to his nephew and that the Congress eventually repurchased them led Justice Story to assume that the initial act had been legal', and it is interesting that the present Attorney General uses this particular case to justify the conclusion that a former President, even after the establishment in 1934 of a national archival program, has private claim to official records. Thus an act by our first President, taken in the interest of the preservation of the records of the Presidency, is now used as legal support for a tradition that has long outlived whatever merit it once possessed. Indeed, as is so clearly manifest in the agreement signed between former President Nixon and GSA Administrator Sampson on September 6, 1974, further acquiescence in the “tradition" that official records of the nation become the personal property of a private citizen cannot be tolerated.

The Congress must act now while the incongruity of the “practices of our Presidents since the earliest times" is so demonstrable. My first reaction was to support legislation that would make clear and unequivocal the public ownership of the records made or received by any member of the executive branch of the federal government in connection with official government business. However, I do not believe that the same claim to public ownership of the records of a President or Vice President can be made of the records of members of the legislative branch of the government-Congressmen and Senators——who are less the people's employees than their representatives. The problem area lies not in the offices of our legislators but in the offices of the President, Vice President, and members of the Cabinet.

A simple statutory enactment could end the past practice of private claim to official records, but the implementation of the statute would require careful planning. The National Archives and Records Service would have to be provided with the flexibility needed to develop a program to replace the present Presidential Libraries system. This in turn would require adequate budgetary support. And, of course, there still lurks the question of whether in the General Services Administration the National Archives and Records Service is sufficiently free from political influence to be able to administer such a program strictly in accordance with professional principles.

In view of the need for careful study of the existing problem, my second and more mature reaction is to support legislation which would require Government retention of the records of former President Nixon, and to supplement this act with H.R. 16902, "A bill to establish a commission to study rules and procedures for the disposition and preservation of records and documents of Federal officials." The latter bill would allow an intensive study of the subject.

I do have, however, some anxiety over the membership of the commission proposed in H.R. 16902. This membership would be weighted toward Federal officials rather than public members. My anxiety lies in my doubt that officials who in previous years have had no choice but to argue in favor of private title to official

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