October 22, 1973

The Honorable David L. Bazelon
Chief Judge, United States

Court of Appeals
Washington, D.C.

Dear Chief Judge Bazelon:

and representative of the

AS Special Watergate Prosecutor .
ssue from the United States

grand jury, I caused a subpoena to i .
District Court for the District of Columbia directing RIChard

M- Nixon, President of the United States, to produce before the
grand jury the recordings of nine specific conversations

and (2) all other papers and memoranda related to those conver-
sations. After briefs and argument an order issued from the
District Court requiring production of both tapes and documents
for in camera inspection. The respondent sought review of the
order by mandamus, naming Chief Judge Sirica and me as defendants.
This Court, although it suggested some modifications increasing
the availability of the tapes to the Special Prosecutor and the
grand jury, denied the petition and essentially affirmed the

District Court's ruling.

October 19, I was dismissed by the Acting
I declined to accept instructions not

to take steps to enforce the above decrees and not to use ju?
dicials process to obtain other evidence of Presidential con?

versations required by a grand jury.

Last Friday,
Attorney General because

The dismissal clearly terminates any authority I may have

had under the Attorney General. I am anxious not to involve
your court or any other in avoidable controversy; and such pro-
ceedings as may be required ought not to be colored by my in?

volvement or personal concerns.

At the same time I am genuinely doubtful concerning my
professional duty. The grand jury unanimously voted that I
should seek to have the subpoena enforced, and the grand jury
is, of course, wholly independent of the Executive Branch.
Both this Court and the District Court explicitly recognized
that I appeared on behalf of the grand jury as well as an
officer in the Executive Branch. In addition, as an attorney
I am an officer of the Court. It seems quite possible that
my dismissal does not terminate my duties to the Court in
these capacities; and although I am reluctant to intrude
myself; I wish not to shrink from any obligations.

U- 
A


I write this letter, therefore, to ask guidance from the Court.
Should the Court indicate that it so desires, I shall be glad to
make a full report on the immediate issues concerning the subpoena
and the effect of recent events upon the progress of the grand jury
investigations. In the absence of such a suggestion, I Shall take
no further legal action, nor any action with respect to the grand
jury. (I can be reached through the offices of the Watergate SP6-
cial Prosecution Force -- 393-2300,-- or at my home 79??0172')

I have no objection to this letter being made a matter of pub-
lic record, but, since my only desire is to aid and support the Ju-
ne dicisl process, I shall neither publish it nor submit it to counsel.

 
 

?m3, Sincerely,

gig/J??

ARCHIBKLD COX


32cc: The Honorable John J. Sirica