Page Two

THE SUMMER DAILY

Tuesday, August 14, 1973

PageTwo HE UMME DALY Tesdy, Agus 14,197

Cox f
WASHINGTON (P) - Special
Watergate prosecutor Archibald
Cox asked a federal court yester-
day to reaffirm "the American
constitutional tradition that no
man is above the law" with an
order that President Nixon re-
lease subpoenaed tape record-
ings and documents.
The legal memorandum filed
with U.S. District Court counters
the President's argument of last
week claiming executive privilege
"to withhold information, the dis-
closure of which he has deter-
mined to be contrary to the pub-
lic interest."
THE WHITE HOUSE can file

Archibald Cox
an answer to Cox by Friday. The
issue will be argued in open
court Aug. 22. Nixon is expected
to address the nation and issue a
detailed statement on Watergate
later this week.
"There is no exception for the
President from the guiding prin-
ciple that the public, in pursuit
of justice, has a right to every
man's evidence," Cox said in his
66-page brief.
He called the White H o u s e
claim that the president has im-
munity from orders enforcing
legal obligations "inconsistent
with our entire constitutional tra-
dition.",
THE PROSECUTOR is trying
to get tape recordings of nine
meetings involving the President
where Watergate was discussed.
Existence of the tapes was dis-
closed last month at the Sen-
ate Watergate hearings, now in
recess. The committee also has
subpoenaed some of the' tapes
and documents, and the court has
been asked to rule also in that
fight.
"The public testimony strongly
tends to show," the Cox b r i e f
said, "that at least some of the
activities discussed by t h e s e
participants, according to some
substantial evidence, were linked
to a conspiracy; according 'o
other public testimony, they were
entirely innocent . . .
"These recordings . . . world
furnish almost indisputable proof
of what was said upon these nine
critical occasions."
COX SAID of one meeting in-
volving Nixon and top aides H1. 1.
Haldeman and John Ehrlichman:
"The inference that they report-
ed on Watergate and may well
have received instructions, is al-
most irresistible."
Of a meeting among Nixon,
Haldeman and Former Atty. Gen.
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tion of The Mchigan Daily
vol. LXXXIII, No. 61-S
Tuesday, August 14, 193
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TAPES SOUGHT
les legal
John Mitchell, Cox said: "It also
strains credulity to suppose that
Watergate and how Watergate
affected Mitchell and the cam-
paign were not topics of conver-
sation."
Cox asked the court to decide
three questions:
-DOES THE President have
the absolute prerogative to with-
hold material evidence from a
grand jury, which asked for the
tapes and documents, "merely
upon his assertion that he deems
production to be against the pub-
lic interest?"
-Can his claim of executive
privilege "based on the general-
ized interest in the confidential-
ity of government deliberations"
block a grand jury's access to
evidence possibly relating to
criminal misconduct by high gov-
ernment officials and party lead-
ers?
-Did'the President waive any
privilege by previous disclosures
he himself approved?
"THE SUBPOENA was pro-
perly directed to the President
and the court has the power to
enforce it," Cox said.
"The grand jury is seeking evi-
dence of criminal conduct that
the respondent Nixon happens to
have in his custody-largely by
his personal choice . . . All the
court is asked to do is hold that
the President is bound by legal
duties in appropriate cases just
as other citizens - in this case
by the duty to supply documen-
tary evidence of crime."
Arguing that investigation of
high presidential assistants and
criminal conduct in the executive
offices is unique and unlikely to
recur, the brief said production
of the White House documents
will establish no precedent for
other grand jury investigations.
THE BRIEF said the President
was trying to strengthen his hand
in a constitutional confrontation
by assuming personal custody;
otherwise he would not h a v e
been named in the subpoena.
Cox argued that the President
has an "enforceable legal duty"
to present the material for the
grand jury, and that the author-
ity to determine which evidence
should be produced rests w i t h
the court. The White House has
argued that under separation of
powers the President could n o t
issue orders to courts and that
the reverse is equally true.
But Cox said that argument
8-
STARTS TOW09R W!

55 -.-.. .
~~sa-

I 'brief
misses a crucial point - the in-
teraction of the legislative, judi-
cial and executive branches -
and added:
"WE ENJOY a constitutional
government of laws and not of
men because each branch as ack-
nowledged its duties under the
functioning of the others. The
judicial power is no less potent
when the rights and duties of
executive officials are at issue."
To Nixon's contention that he
has listened to some of the tapes
and found they would not help
the investigation, Cox said:
"Respondent cannot be a pro-
per judge of whether the greater
public interest lies in giving the
evidence to the grand jury or
withholding it. His highest and
closest aides and associates have
been accused in sworn testimony.
"RESPONDENT is bound to
them not only by the natural
emotions of loyalty and gratitude,
but also by the risk that his pre-
sent political power and future
place in history will be linked
to the effect of disclosure to the
grand jury on them."
Cox also noted that the evi-
dence may accuse the President
himself - "a question to which
he can hardly be indifferent."
The brief recalled that Nixon
had not taken issue with t h e
power of the court to issue a sub-
poena, but had said there was no
obligation for the President to
follow its command.
"THE INCONSISTENCY is ob-
vious," said Cox. "A subpoena is
a judicial command. If it is val-
id, compliance is a legal duty."
He called an assertion of per-
sonal privilege "particularly
empty" and added:
"It is hard to imagine a strong-
er need for piercing the cloak
of confidentiality in the present
case."
HOLLYWOOD (UPI) - Jack-
ie Cooper trades his producer's
hat for the greasepaint b o x
once more with a starirng role in
"Chosen Survivors" to be film-
ed in Mexico City.
-
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