HistoryForSalesm Autographs & ManuscriptsMake an Offer Today and Get a Quick Response!ARCHIBALD COX - TYPESCRIPT SIGNED - HFSID 295798ARCHIBALD COX
Typescript of his formal request as Waterate Special Prosecutor for complete access to the White House tapes
Typescript signed: "Archibald Cox", 2 pages, 8½x11. No place cited, but probably Washington, D.C. originally issued in 1973 To "Dear Mr. [White House Counsel Fred] Burhardt, in part: "I am writing to request access to the recordings of certain conversations between the President and various members of the White House staff and others whose conduct is under investigation in connection with the alleged coverup of the break-in at the Democratic National Committee offices. The conversations are listed below. May I emphasize three essential aspects of this request. First, the request is part of an investigation into serious criminal misconduct - the obstruction of justice. The tapes are material and important evidence - quite apart from anything they show about the involvement of the President - because the conversations recorded in al probability deal with the activities of other persons under investigation. Indeed, it is not implausible to suppose that the reports to the President o these occasions may themselves have been made pursuant to a conspiracy and as part of a cover-up. Second, furnishing the tapes in aid of an investigation into charges of criminal conspiracy plainly raises none of the separation-of-powers issues you believe to be involved in furnishing so-called 'Presidential Papers' to the Select Committee. The Select Committee is seeking information - as I understand the position - solely in order to recommend legislation. Whatever fears you may entertain that furnishing the tapes in aid of the Select Committee's legislative function would set a precedent for furnishing presidential papers to other legislative committees are plainly irrelevant to my request. For my request involves only a grand jury investigation resulting from highly extraordinary circumstances. No question of precedent arises because the circumstances almost surely will never be repeated. Third, I would urge that the tapes be furnished for use in my investigation without restriction. This procedure strikes me as the method of establishing the truth which is most fair to everyone concerned, including the President. It is proper to point out, however, that if you thought it essential to furnish the papers only to the grand jury under the rules pertaining to grand jury documents, an appropriate procedure could be devised. This is an additional circumstances distinguishing the present investigation from the situation before the Select Committee. [The remainder of the document specifically requests tapes of 7 specific conversations between President Nixon and his top aides between June 20, 1972, and March 22, 1973.]". Archibald Cox (1912-2004), a Harvard Law School professor, former US Solicitor General (1961-1965), and the author of scholarly books and articles on the Supreme Court, was appointed Special Prosecutor for the Watergate case by President Nixon, on the recommendation of Attorney General Elliot Richardson. Nixon, however, came to believe that Cox was conducting his investigation in a partisan way. The Nixon White House responded to Cox's request shown here by offering to release summaries of the taped conversations, prepared by a Democratic Senator (John Stennis) friendly to the administration. When Cox rejected this offer, the President instructed Richardson to dismiss Cox. On October 20th, Richardson resigned rather than follow that order. Deputy Attorney General William Ruckelshaus also refused to fire Cox; Ruckelshaus was fired. Cox was then fired as Special Watergate Prosecutor by Solicitor General Robert Bork, in what became known to history as the "Saturday Night Massacre." On July 24, 1974, the Supreme Court ordered 8-0, with Justice Rehnquist recusing himself, the release of the tapes. On August 9, 1974, facing a vote of Impeachment in the House of Representatives, President Nixon resigned. On September 8, 1974, President Ford granted Nixon a "full, free and absolute pardon". Fine condition.
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