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REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. SAMPSON

Nos. 77-2123 to 77-2125.

591 F.2d 944 (1978)

The REPORTERS COMMITTEE FOR FREEDOM OF The PRESS, American Historical Association, American Political Science Association, James MacGregor Burns, Nat Hentoff, Donald G. Herzberg, William Leuchtenburg, Arthur Link, J. Anthony Lukas, Austin Ranney and Clement E. Vose, Appellants, v. Arthur F. SAMPSON, Individually and as Administrator of General Services, et al. Lillian HELLMAN et al. v. Arthur SAMPSON, General Services Administration, et al., The Reporters Committee for Freedom of the Press, et al., Appellants. Richard M. NIXON, Individually and as the Former President of the United States, et al. v. Arthur F. SAMPSON, Individually and as Administrator of General Services, et al., The Reporters Committee for Freedom of the Press, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1978.

Attorney(s) appearing for the Case

Leonard B. Simon, Washington, D.C., with whom Robert E. Herzstein, Andrew S. Krulwich, Mark J. Spooner, and Peter T. Grossi, Jr., Washington, D.C., were on the brief, for appellants.

Steven I. Frank, Atty., Dept. of Justice, Washington, D.C., a member of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for federal appellees.

R. Stan Mortenson, Washington, D.C., with whom Herbert J. Miller, Jr., Washington, D.C., was on the brief, for appellee Nixon.

William A. Dobrovir, Washington, D.C., entered an appearance for appellee Jack Anderson.

Richard J. Bacigalupo, Charles S. Rhyne, and William S. Rhyne, Washington, D.C., entered appearances for appellee Rose Mary Woods.

Before WRIGHT, Chief Judge, J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM, Circuit Judge.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Appellants here, plaintiffs below, seek access through the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1976), to Richard Nixon's presidential materials, which are in the control of the General Services Administration (GSA) pursuant to title I of the Presidential Recordings and Materials Preservation Act (the Materials Act), note following 44 U.S.C. § 2107 (Supp. V 1975...

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