Court Battle Set as Nixon Defies Subpoenas

A grave constitutional battle began yesterday when Chief Judge John J. Sirica of the U.S. District Court here ordered President Nixon to explain in court why he should not produce certain tape recordings and documents in the Watergate case.

The order was sought by Watergate special prosecutor Archibald Cox and gives the President's attorneys until Aug. 7 to reply. Mr. Nixon did, however, turn over a separate memo and a series of other documents to the prosecutor.

At the same time he refused Cox, the President rejected a request from the Senate select committee investigating the Watergate scandal to furnish five tapes and some documents. He said he would consider "specific requests" for other documents.

Committee Chairman Sam J. Ervin Jr. (D-N.C.) charged that Mr. Nixon had laid down an impossible condition since the committee has never seen the documents it wants.

And, just before the committee voted to send its lawyers to court to force compliance with its subpoenas for the material, Vice Chairman Howard H. Baker Jr. (R-Tenn.) commented on the magnitude of the situation:

"It would appear that the issues are in fact joined, and that the third branch of the government, the Judiciary, may, in fact, be called on to resolve a historic conflict between the remaining two branches."

At the White House, deputy press secretary Gerald L. Warren announced that Mr. Nixon would abide by a "definitive" Supreme Court decision.

"The President is very confident of his constitutional position as outlined in the letters," Warren said. The letters, citing the doctrine of separation of powers, went to Judge Sirica and the Watergate committee.

Stressing that Mr. Nixon "fully expects his position to be upheld in the courts," Warren added, "The President, just as in other matters, would abide by a definitive decision of the highest court."

Thus, what began as the bizarre burglary of the Democratic National Committee headquarters at the Watergate office complex 13 months ago, on June 17, 1972, has become a monumental struggle between coordinate branches of government.

The controversy over the tapes and documents sought by Cox on behalf of a special Watergate grand jury and by the Senate committee comes down basically to the question of whether the President himself was involved in the scandal.

He has denied prior knowledge of the burglary or participation in its cover-up, and has said he believed that reports about White House involvement were wrong until last March 21 when his former counsel, John W. Dean III, told him the facts. Dean, however, has testified that he feels the President knew about them as early as last September.