Nixon and Ervin Will Quote Each Other As Precedents on Constitutional Law; Ground Rules Cited
Date: 15 July 1973
Special to The New York Times
Pres Nixon and Sen Watergate com Chmn Ervin will use each other's past statements as legal weapons at forthcoming confrontation over issue of Pres's cooperation with com; Pres expected to cite Ervin's past statements on const doctrine of separation of powers, and Ervin will quote statement made by Nixon in '48 when then-Pres refused to provide information to House Com on Un-Amer Activities; said at that time that Truman's decision 'cannot stand from a const standpoint' and that 'any such order of the Pres can be questioned by Cong as to whether or not order is justified on the merits'; Nixon now insists that doctrine of exec privilege entitles him to refuse to testify before or submit White House records to Sen Watergate com; Ervin contends that exec privilege was never intended to permit Pres to refuse Cong information about his pol, as opposed to govt, activities, or to conceal any wrongdoing; in speech to Illinois State Bar Assn in June, Ervin said he did not recognize any privilege to withhold information 'about matters that have already been made public by other Adm officials or with respect to official dealings between Pres aides and 3d persons, as opposed to dealings with Pres himself or among Pres aides'; chronology of Pres Nixon's statements on executive privilege from Mar 2 to present listed