President Refuses to Turn Over Tapes; Ervin Committee, Cox Issue Subpoenas

They can be "accurately understood or interpreted only by reference to an enormous number of other documents and tapes," he said, "so that to open them at all would begin an endless process of disclosure and explanation of private presidential records totally unrelated to Watergate, and highly confidential in nature.

"They are the clearest possible example of why presidential documents must be kept confidential."

In the letter, Mr. Nixon again promised to "address publicly" the Watergate issue at an appropriate time. It is now believed that he will make his statement sometime next month after the committee concludes the current phase of its hearings.

The statement will be made, Mr. Nixon said, "in a way that preserves the constitutional principle of separation of powers, and thus serves the interests not just of the Congress or of the President, but of the people."

After the committee voted to subpoena the tapes, Ervin said the doctrine of executive privilege that Mr. Nixon claimed existed only in connection with official duties and under no circumstances could be invoked in connection with alleged illegal activities.

"I am certain that the doctrine of separation of powers does not impose upon any President the duty or the power to undertake to separate a congressional committee from access to the truth concerning alleged criminal activities," Ervin said.

The senator called the President's letter "rather remarkable about the tapes.

"If you notice, he says he's not going to let anyone else have them for fear they might draw a different conclusion ... I was in hopes that the President would accede to the request of this committee."

Charles Alan Wright, a special White House consultant, wrote a separate letter to special prosecutor Cox denying the tapes to him.

"I am instructed by the President to inform you that it will not be possible to make available to you the recordings that you have requested," Wright wrote.

Cox has said the separation of powers argument should not bar his access to the tapes because he is a member of the Executive Branch.

Cox later added, according to Wright, that his role was hard to define since he is not subject to the direction of the President and the Attorney General.