-Caveat Lector- -----Original Message----- From: H-Texas Editor <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] <[EMAIL PROTECTED]> Date: Thursday, December 10, 1998 11:35 PM Subject: NCC Washington Update, Vol 4, #47, December 9, 1998 >(Posted by Ray Stephens) > > >NCC Washington Update, vol. 4, #47, December 9, 1998 > by Page Putnam Miller, Director of the National Coordinating > Committee for the Promotion of History <[EMAIL PROTECTED]> > >1. Trial Underway To Establish Value of the > Nixon Tapes and Materials >2. NHPRC Commissioners Recommends 26 Grants > Totaling $2.6 million >3. Head of Interagency Declassification Appeals Panel > Urges New Ways To Access National Security > >1. Trial Underway To Establish Value of the Nixon Tapes and Materials >--On December 2, U. S. District Judge John Garrett Penn opened the >trial in the case of William Griffin and John Taylor v. The U.S. of >America (Case No. 80-3227), in which the representatives of the Nixon >Estate are seeking "just compensation" from the United Stated for the >Nixon tapes and materials. Nixon brought this suit in 1980 claiming >that he deserved compensation for his presidential materials, which >include 17,000 hours of dictaphone, telephone, and tape recordings and >44 million pieces of paper. Acting in accordance with the Presidential >Recordings and Materials Preservation Act, the government took these >materials in 1974 and placed them under the custody of the National A >rchives. > >Judge Penn ruled in the U.S. District Court for the District of >Columbia in 1991 that Nixon deserved no compensation. The Nixon Estate >appealed the decision. In 1992 the Appeals Court overturned that >decision and said that the government owed compensation to Nixon for >the seized material. The Appeals Court sent the case back to the lower >court to determine the damages that are due to the Nixon Estate. Thus >this trial, which has no jury, is to determine the appropriate monetary >value of the materials. The Judge encouraged the Nixon Estate and the >U.S. Government to reach a settlement and to avoid a trial; but after >years of negotiations, the parties failed to reach an agreement. > >On the first day of the trial both sides laid out their key arguments. >The Nixon Estate is seeking compensation of $213 million, which they >claim is the "fair market value" in 1974 dollars with compounded >interest for 24 years. Stan Mortenson, the lawyer for the Nixon >Estate, said that Nixon had brought the case reluctantly because he had >been denied his dream of having a Presidential Library, like those of >other Presidents. Mortenson reviewed the expert testimony of document >collectors and appraisers who placed extremely high values on documents >such as Nixon's handwritten resignation speech, comparing the value of >the documents to the Gutenberg Bible, the Declaration of Independence, >and the Winston Churchill papers. Mortenson focused considerable >attention on various ways in which he claimed that the National >Archives had commercially exploited the Nixon material, such as >charging for making copies of documents and photographs. Mortenson >quoted from historians Stephen Ambrose and Joan Hoff, who had provided >expert reports as to the extraordinary historical significance of these >records and to their value for research. Furthermore, he stressed that >the Nixon Estate was not seeking a "windfall" for it had been >determined by the family that the money from the case would go for >legal expenses and for running the private Nixon Birthplace Museum and >Library in Yorba Linda, California. > >Neil H. Koslowe, the Justice Department attorney, stressed that the >documents had been created by public officials, at public expense, on >public equipment for the public's benefit and that the Nixon Estate >should receive no compensation. He described Nixon's desire to keep >his papers together as an integral research collection, stressing that >Nixon had never envisioned selling the documents piece meal for the top >dollar. The government's case also focused on establishing the value >of the records in 1974 . Koslowe noted that in 1974 many of the >records were still classified or had not been reviewed for privacy >concerns and thus could not be sold, that much of the material was not >well organized and lacked adequate finding aids, and that the federal >government had since 1974 spent considerable sums to preserve, store, >and describe the materials. Quoting various letters and documents, >Koslowe emphasized that in 1974 Nixon stated his intention to destroy >the tapes. At later dates Nixon entered into faile d negotiations with >various universities and with the National Archives concerning his >desire to establish a central research repository for his papers. >Koslowe pointed out that neither plan involved the piece meal selling >of the documents. > >The question of the monetary value of a comprehensive collection of a >President's papers, photographs, and tapes is a difficult one for the >situation requiring an answer to this question has never come up >before. Past presidents from Hoover to Bush donated their papers to the >National Archives to be part of the Presidential Library system. And >the records of Presidents beginning with Reagan are governed by the >Presidential Records Act which states that the federal government >retains complete ownership and control of Presidential records. The >trial may last as long as six weeks with each side calling to the stand >numerous expert witnesses. > >2. NHPRC Commissioners Recommends 26 Grants Totaling $2.6 million -- >The National Historical Publications and Records Commission met on >November 17 and recommended grants totaling $2.64 million. The >Commissioners recommended that the Archivist make grants in the >following areas: approximately $1.36 million for 8 founding-era >documentary editing projects and for assistance in publishing 7 volumes >produced by those projects; almost $1 million for 9 state board >planning, implementation, and regrant projects, as well as >collaborative projects; and $297,436 for two electronic records and >technologies projects. > >3. Head of Interagency Declassification Appeals Panel Urges New Ways >To Access National Security -- In a speech in November before the 4th >Annual Intelligence Community Information Management and Classification >Conference, Roslyn A. Mazer, the chair and the Justice Department >representative of the Interagency Security Classification Appeals Panel >(ISCAP), spoke. As head of ISCAP, which was established by Executive >Order 12958 to reassess the balance between open government and the >need to maintain secrets vital to national security, Mazer has been an >advocate of openness while maintaining high standards for national >security. In her November speech Mazer urged agency leaders to seek >new ways to reduce secrecy and to "use our unique international >leadership status to bring secrecy standards for international >governmental cooperation in line with what is and really needs to be >secret." She was particularly critical of U.S. classification policy >that seeks to keep classified categories of information that are >already widely know. Mazer's entire speech may be seen at the >Federation of American Scientists WEB site ><http://www.fas.org/sgp/advisory/mazer98.html> > >* * * * * * * * ** * ** * * * * * * * * * * * * * * * * * >NCC invites you to redistribute the NCC Washington Updates. >A complete backfile of thesereports is maintained by H-Net. >See World Wide Web:http://h-net.msu.edu/~ncc/ >* * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * > >[END] > DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. 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