COLLECTION FINDING AID



BARRY N. ROTH FILES, 1973-1977

Staff Assistant;
Assistant Counsel;
Associate Counsel to the President
Office of Counsel to the President



CONTENTS

Summary Description | Biographical Information | Introduction | Series Descriptions | Container List


SUMMARY DESCRIPTION

Material concerning his work on legal matters in the Ford White House, especially in the areas of information and access (Freedom of Information, Nixon Papers, declassification, etc.) and political affairs (Federal Election Commission rulings and decisions, allocation of trip expenses, etc.). Included are folders he inherited from Associate Counsel William Casselman, folders turned over to him by Counsel to the President Philip Buchen, entire series on political travel and White House Special Files administration that he took over from other White House staff members, and Executive Protective Service appointment records concerning visitors to the Ford vice presidential offices and those of the Rockefeller Commission.

QUANTITY
42.8 linear feet (ca. 85,600 pages)

DONOR
Gerald R. Ford (accession numbers 77-10 and 78-58)

ACCESS
Researchers should consult with an archivist prior to their visit in order to request that specific folders be added to the Library’s review-for-access queue. Even after the completion of this review some items may be temporarily restricted under terms of the donor's deed of gift, a copy of which is available on request, or under National Archives and Records Administration general restrictions (36 CFR 1256).

COPYRIGHT
Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. The copyrights to materials written by other individuals or organizations are presumed to remain with them. Works prepared by U.S. Government employees as part of their official duties are in the public domain.

Prepared by William H. McNitt, August 2005
[s:\bin\findaid\roth,_barry_-_files.doc]


BIOGRAPHICAL INFORMATION


Barry N.Roth


November 25, 1949 - Born, Washington, DC

1971 - A.B., University of North Carolina

1971-1972 - Assistant to the Administrator, General Services Administration

1972-1974 - Legal Assistant to the General Counsel, General Services Administration

Jan.-Aug. 1974 - Legal Assistant, Office of Vice President Gerald Ford

1974 - J.D., Georgetown University Law Center

1974-1977 - Staff Assistant, then Assistant Counsel, then Associate Counsel, The White House

Jan.-June 1977 - Legal Counsel, Gerald R. Ford Transition Office

1977-1979 - Attorney with Hall, Estill, Hardwick, Gable, et. al., Washington, DC

1979-1990 - Director of Government Affairs, then Vice President for Government Affairs, The Williams Companies, Inc., Washington, DC

1991-? - Attorney, Office of the Solicitor, Department of the Interior, Washington, DC


INTRODUCTION

When Barry Roth joined Gerald Ford’s vice presidential staff in January 1974, he was only twenty-four years old and had yet to complete his law degree. In spite of his youth, he had already worked as a legal assistant to the General Counsel of the General Services Administration (GSA.) William Casselman. When Casselman became General Counsel to Vice President Ford, he brought Roth along as his assistant. Casselman and Roth continued on the vice presidential staff until August 9, 1974 when Ford succeeded to the White House. They then became part of the staff of the Office of the Counsel to the President, headed by Philip Buchen.

The Roth Files document the work of both Casselman and Roth. Roth inherited many of Casselman’s files when he took over many of Casselman’s duties in the fall of 1975. The collection also includes some folders that apparently were part of the Philip Buchen Files, but got turned over to Roth or Casselman. A few folders in the General Subject File and the Chronological File contain materials from the Ford vice presidency, but the bulk of the collection dates from the Ford administration.

Their years with the General Services Administration had given Casselman and Roth significant experience with legal matters involving the National Archives and Records Service, then a part of GSA. Therefore Buchen assigned them to handle most matters concerning papers, archives, and access to information. The collection documents extensively the immense amount of work involved in overseeing the collection of and access to the papers of former President Richard Nixon, monitoring all of the lawsuits involving the Nixon papers, communicating with the Nixon attorneys, and responding to requests and subpoenas for Nixon documents and tapes from the Watergate Special Prosecution Force and congressional committees. In addition to files of Roth and Casselman on these matters, the collection includes a file created by Staff Assistant Gertrude Fry of the Staff Secretary’s Office concerning the administration of the White House Special Files Unit and her role with the Nixon Papers and tapes.

In addition to the Nixon Papers, the collection contains material on such matters as President Ford’s own papers, Freedom of Information policy and specific requests, declassification policy (including the work of the Interagency Classification Review Committee), the handling of gifts received by the President, right to privacy, administration of the Indochina refugee resettlement program, presidential protection and other matters involving the U.S. Secret Service, and standards of conduct (ethics) for the White House staff.

In June 1975, Roth received a promotion from Staff Assistant to Assistant Counsel to the President and began taking on more responsibility. This process was accelerated by the departure of Casselman from the White House staff in September 1975. Roth inherited many of Casselman’s duties.

Although the amount of work involving the Nixon Papers was beginning to decline by this time, the start of the 1976 presidential campaign brought many new legal questions for Roth to handle. In conjunction with Robert Visser, Legal Counsel to the President Ford Committee (PFC), Roth monitored decisions and regulations of the Federal Election Commission (FEC) that might affect the President, his staff, and his campaign. For instance, when President Ford appointed Rogers Morton to the position of Counsellor to the President for Political Affairs, Democrats filed complaints with the FEC over the use of public funds to pay his salary. The collection contains significant materials on this and other matters considered by the FEC

Another matter considered by the FEC involved the allocation of expenses for presidential trips that included political or campaign-related events. Working out the exact allocation of expenses so that the appropriate ones were paid by the White House, Republican Party, or the PFC involved much work by Roth and others on the White House staff. In addition to Roth’s own files on this matter, the collection includes a file that he took over from the Staff Secretary’s Office detailing the development of cost allocation procedures and the actual payment of specific expenses by the Republican Party and the PFC

The last series in the collection contains all of the appointment slips for White House visitors to the Ford Vice Presidential offices and the offices of the Commission on CIA Activities within the United States (Rockefeller Commission).

Related Materials (August 2005)
Closely-related materials are the Legal Counsel’s files in the Ford Vice Presidential Papers (detailing the work of Casselman and Roth in that period), a small collection of William Casselman’s White House Files, and the unprocessed Legal Counsel’s files for the Ford Transition Office in the Gerald R. Ford Post-Presidential Papers. The collection now known as the Kenneth Lazarus Files once served as a sort of “Central Files” for the Counsel to the President’s Office and contains Casselman and Roth documents from that time period. The files of Counsel to the President Philip Buchen contain materials on many of the same topics as appear in the Roth Files.


SERIES DESCRIPTIONS

General Subject File, 1974-1977.  (Boxes 1-37, 14.8 linear feet)
Memoranda, correspondence, reports, clippings, press releases, lists, minutes, notes, and executive orders. The series concerns a variety of legal matters facing the Ford White House. Although the bulk of the materials dates from the White House period, a few folders contain material from his work on the Ford Vice Presidential staff. The series contains materials created by both Casselman and Roth and occasional folders from the files Philip Buchen.

Political topics include Federal Election Commission (FEC) regulations and decisions, the Supreme Court’s Buckley v. Valeo decision which found portions of the election campaign act unconstitutional, legislation passed by Congress to reconstitute the FEC, President Ford Committee (PFC) reports of receipts and expenditures, discussions about the use of White House staff (especially Rogers Morton) in the 1976 presidential campaign, election filing requirements for the 1976 presidential primaries, President Ford’s fundraising letters for Republican causes, and the organization and operation of the PFC Another major topic was the payment of expenses for presidential trips. The series documents many of the White House discussions about the proper allocation of such expenses on trips which involved both political and official events, including decisions to pay from White House, Republican Party, or campaign committee funds.

Another major topic area is government information policy, including archives and access to documents. The series contains much on Freedom of Information policy and specific requests, declassification policy (including the work of the Interagency Classification Review Committee and the related National Security Study Memorandum 229), presidential papers, the handling of gifts received by the President, and the right to privacy.

Other significant topics in this series include audits of White House accounts, appointments of judges to District of Columbia courts, the administration of the Indochina refugee resettlement program, a study of some of the opinions rendered by Judge John Paul Stevens prior to President Ford’s decision to appoint him to the Supreme Court, presidential protection and other matters involving the U.S. Secret Service, and standards of conduct (ethics) for the White House staff.

Arranged alphabetically by subject and chronologically thereunder.

View container list for this series

Nixon Papers Subject File, 1973-1977.  (Boxes 38-55, 7.0 linear feet)
Memoranda, correspondence, reports, lists, testimony, notes, depositions, legal motions, court briefs, and court opinions. The material concerns all aspects of the handling of the Nixon papers by the Ford White House – segregation, access, security, protection, and custody. Included is correspondence with the Nixon lawyers, the Watergate Special Prosecution Force, congressional committees, attorneys and others over access to documents and tapes among the Nixon papers. In addition, the material concerns lawsuits involving the papers (such as Nixon v. Administrator of General Services or Nixon v. Sampson), foreign gifts made to President Nixon, depositions by Benton Becker and Philip Buchen, a Special Prosecutor research project in the papers, and access to rooms in the White House where the papers and tapes were stored.

Arranged alphabetically by subject and chronologically thereunder.

View container list for this series

Litigation File, 1974-1977.  (Boxes 55-78, 9.4 linear feet)
Court opinions, motions, and briefs for a wide variety of lawsuits involving the nation, the President, or other high administration officials. The staff of the Counsel’s Office referred such cases to the Justice Department for handling, but monitored the progress of the cases to determine their potential impact. Many cases in this series touch in some way on the Nixon papers. Although a few have the Nixon papers as their central focus (e.g. Nixon v. Sampson), many cases focused on other topics but became tied up the with handling of the Nixon papers when attorneys requested access to documents from the Nixon White House. Another important case is Schmalzried v. Ford, which involved allegations of sex discrimination against the Ford White House by Darlene Schmalzried, a former editor of the President’s News Summary.

Arranged alphabetically by title and chronologically thereunder. Although the bulk of the folder titles are the name of court cases, a few more generic titles (Depositions, Indices, Litigation – General, etc.) appear.

View container list for this series

Chronological File, 1974-1976.  (Boxes 79-81, 1.2 linear feet)
Carbon copies of outgoing memoranda and letters. The materials concern a variety of legal matters from both the Vice Presidential and White House periods. The series contains no folders for the last three months of the Ford administration.

Arranged chronologically.

View container list for this series

Unanswered Mail, 1974-1977.  (Boxes 82-86, 2.0 linear feet)
Incoming letters and memoranda on a variety of legal matters referred to Roth for his handling, but never answered.

Arranged chronologically.

View container list for this series

Jerry Jones and James Connor File on Politics and Political Travel, 1974-1977.  (Boxes 87-102, 6.2 linear feet)
Memoranda, correspondence, bills, receipts, lists, and computer printouts. Jones and Connor served successively as Staff Secretary of the Ford White House. In that role, they created this file focusing mainly on the allocation and reimbursement of costs of political travel by the President, First Lady, and the Ford children. The series documents reimbursements to the White House by the Republican Party for costs associated with political events (party fundraisers , etc.) and by the President Ford Committee (PFC) for any costs associated with 1976 presidential campaign events. The series also includes materials on studies concerning presidential travel and meetings held to determine the proper allocation of costs. In addition to this material on presidential travel, the series contains material relating more generally to the conduct of the 1976 presidential campaign and the work of the PFC, political expenses that did not involve travel, and White House budgets and administrative matters.

Arranged alphabetically by subject and chronologically thereunder.

View container list for this series

Gertrude Fry File on Special Files Administration, 1974-1977.  (Boxes 102-104, 0.8 linear feet)
Memoranda, logs, and lists concerning the organization and operation of the White House Special Files Unit and access to the materials under its control. In addition to materials about the files accumulated during the Ford administration, many files concern Nixon papers and tapes prior to their transfer to the National Archives.

Arranged alphabetically by subject and chronologically thereunder.

View container list for this series

Executive Protective Service Appointment Records, 1973-1975. (Boxes 104-107, 1.4 linear feet)
Appointment slips recording information about visitors to the offices of Vice President Ford (October 1973 – August 1974) or the offices of the Rockefeller Commission (January - July 1975). The information recorded includes name of the visitor, name of the person requesting the appointment, name of the person being visited, room number, date, time expected, time arrived, notes on the identification used, guard’s name, and guard post.

Arranged chronologically.

View container list for this series


CONTAINER LIST

Box 1 - General Subject File

Box 2 - General Subject File

Box 3 - General Subject File

Box 4 - General Subject File

Box 5 - General Subject File

Box 6 - General Subject File

Box 7 - General Subject File

Box 8 - General Subject File

Box 9 - General Subject File

Box 10 - General Subject File

Box 11 - General Subject File

Box 12 - General Subject File

Box 13 - General Subject File

Box 14 - General Subject File

Box 15 - General Subject File

Box 16 - General Subject File

Box 17 - General Subject File

Box 18 - General Subject File

Box 19 - General Subject File

Box 20 - General Subject File

Box 21 - General Subject File

Box 22 - General Subject File

Box 23 - General Subject File

Box 24 - General Subject File

Box 25 - General Subject File

Box 26 - General Subject File

Box 27 - General Subject File

Box 28 - General Subject File

Box 29 - General Subject File

Box 30 - General Subject File

Box 31 - General Subject File

Box 32 - General Subject File

Box 33 - General Subject File

Box 34 - General Subject File

Box 35 - General Subject File

Box 36 - General Subject File

Box 37 - General Subject File

Box 38 - Nixon Papers Subject File

Box 39 - Nixon Papers Subject File

Box 40 - Nixon Papers Subject File

Box 41 - Nixon Papers Subject File

Box 42 - Nixon Papers Subject File

Box 43 - Nixon Papers Subject File

Box 44 - Nixon Papers Subject File

Box 45 - Nixon Papers Subject File

Box 46 - Nixon Papers Subject File

Box 47 - Nixon Papers Subject File

Box 48 - Nixon Papers Subject File

Box 49 - Nixon Papers Subject File

Box 50 - Nixon Papers Subject File

Box 51 - Nixon Papers Subject File

Box 52 - Nixon Papers Subject File

Box 53 - Nixon Papers Subject File

Box 54 - Nixon Papers Subject File

Box 55 - Nixon Papers Subject File

Box 55 (Continued) - Litigation File

Box 56 - Litigation File

Box 57 - Litigation File

Box 58 - Litigation File

Box 59 - Litigation File

Box 60 - Litigation File

Box 61 - Litigation File

Box 62 - Litigation File

Box 63 - Litigation File

Box 64 - Litigation File

Box 65 - Litigation File

Box 66 - Litigation File

Box 67 - Litigation File

Box 68 - Litigation File

Box 69 - Litigation File

Box 70 - Litigation File

Box 71 - Litigation File

Box 72 - Litigation File

Box 73 - Litigation File

Box 74 - Litigation File

Box 75 - Litigation File

Box 76 - Litigation File

Box 77 - Litigation File

Box 78 - Litigation File

Box 79 - Chronological File

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 80 - Chronological File

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 81 - Chronological File

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 82 - Unanswered Mail

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 83 - Unanswered Mail

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 84 - Unanswered Mail

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 85 - Unanswered Mail

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 86 - Unanswered Mail

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 87 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 88 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 89 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 90 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 91 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 92 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 93 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 94 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 95 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 96 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 97 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 98 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 99 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 100 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 101 - Jerry Jones and James Connor File on Politics and Political Travel

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 102 - Jerry Jones and James Connor File on Politics and Political Travel

Box 102 (Continued) - Gertrude Fry File on Special Files Administration

Box 103 - Gertrude Fry File on Special Files Administration

Box 104 - Gertrude Fry File on Special Files Administration

Box 104 (Continued) - Executive Protective Service Appointment Records

Box 105 - Executive Protective Service Appointment Records

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 106 - Executive Protective Service Appointment Records

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)

Box 107 - Executive Protective Service Appointment Records

(Note: Folders with the titles struck through are not yet open to research, but can be added to the Library's review queue.)