Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
4520671
label
Nixon - Papers Court Cases - Hellman v. Sampson
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
4520671
sourceUrl
contentType
document
title
Nixon - Papers Court Cases - Hellman v. Sampson
citationUrl
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
General Services Administration. (07/01/1949 - )
Nixon, Richard M. (Richard Milhous), 1913-1994
Watergate Affair, 1972-1974
Courts
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
4520671
coverageEndDate
logicalDate
1974-10-01
month
10
year
1974
coverageStartDate
logicalDate
1974-10-01
month
10
year
1974
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
59c8e557a5e170dd
ocrText
The original documents are located in Box 29, folder "Nixon - Papers Court Cases -
Hellman V. Sampson" of the Philip Buchen Files at the Gerald R. Ford Presidential
Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 29 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
Mr. Buchen
THE WHITE HOUSE
offers
WASHINGTON
October 28, 1974
Dear Mr. Silberman:
Service has been made upon me in connection with my official
responsibilities of the attached summons with respect to Hellman, et al. V.
Sampson, et al., D. D.C., Civil Action No. 74-1551.
This is to request that the Department of Justice handle this matter on my
behalf. If additional information or assistance is required, please contact
William E. Casselman II of this office. I would appreciate very much your
sending this office copies of any materials you might file with the Court in
this matter.
Sincerely,
Philip W. Buchen
Counsel to the President
Honorable Lawrence Silberman
Deputy Attorney General
Department of Justice
Washington, D.C. 20530
Enclosure
FORD
ASHUEIT
CIV. 1 (2-64)
SUMMONS IN A CIVIL ACTION
(Formerly D.C. Form No. 45 Rev. (6-49) )
United States District Court
RICHEY,
J.
FOR THE
District of Columbia
74- 1551
CIVIL ACTION FILE No.
Lillian Hellman, et al.,
Plaintiff
SUMMONS
V.
Arthur Sampson, et al.,
Defendant
To the above named Defendant :
Philip Buchen
You are hereby summoned and required to serve upon
Melvin L. Wulf
plaintiff's attorney , whose address
American Civil Liberties Union
410 First Street, S.E.
Washington, D.C. 20008
an answer to the complaint which is herewith served upon you, within 60 days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be
taken against you for the relief demanded in the complaint.
Emign Deputy/Clerk.
Westing Clerk of Court.
Date:
[Seal of Court]
OCT 24 1974
NOTE:-This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure.
UNITED STATES DISTRICT COURT
OR THE DISTRICT OF COLUMBIA
:
LILLIAN HELLMAN
:
630 Park Avenue
:
New York, New York
:
:
BLAIR CLARK
:
RICHEY, J.
67 Rosedale Road
:
Princeton, New Jersey
:
:
THOMAS BRANDON
:
Civil Action
Box 346
:
No.
Scarborough, New York
:
74- 1551
:
ADRIAN deWIND
:
COMPLAINT
37 W. 12th Street
:
FOR DECLARATORY
New York, New York
:
AND INJUNCTIVE RELIEF
:
NORMAN DORSEN
:
298 W. 11th Street
:
New York, New York
:
:
STEPHEN GILLERS
:
20 E. 9th Street
:
New York, New York
:
:
JOHN HERSEY
:
420 Humphrey Street
:
New Haven, Connecticut
:
:
ROBERT SILVERS
:
250 W. 57th Street
:
New York, New York
:
:
ARTHUR SCHLESINGER, JR.
:
33 W. 42nd Street
:
New York, New York
:
:
TELFORD TAYLOR
:
Morningside Heights
:
New York, New York
:
:
HANNAH WEINSTEIN
:
250 E. 65th Street
:
New York, New York
:
:
Plaintiffs,
:
:
V.
:
:
FORD
ARTHUR SAMPSON
:
General Services Administration
:
18th Street & F Street, N.W.
:
GERALD
LIBRARY
Washington, D.C. 20405
:
:
PHILIP BUCHEN
:
The White House
:
Washington, D.C.
:
:
:
RICHARD M. NIXON
:
"Casa Pacifica"
:
San Clemente, California
:
:
H. STUART KNIGHT
:
Secret Service
:
1860 G Street, N.W.
:
Washington, D.C.
:
:
Defendants.
:
:
X
Plaintiffs, by their attorneys, allege as follows
in their Complaint and Cross-Claim against defendant Nixon:
1. This is an action under the Freedom of Informa-
tion Ace, 5 U.S.C. § 552 et seq, and the First Amendment to the
Constitution. Plaintiffs seek an order and judgment of this
court enjoining defendants from withholding certain specified
tape recordings now under their custody and control.
The tape recordings to which plaintiffs seek access
consist of 147 specified recordings of conversations in the
White House and Executive Office Building (hereinafter "Presi-
dential tap recordings") which are a portion of the subject
matter of an alleged agreement between defendants Sampson
and Nixon dated September 6, 1974, a copy of which is attached
hereto as Exhibit A. A schedule of the 147 specific tape re-
cordings requested in this action is attached hereto as Exhibit
B.
JURISDICTION
2. Jurisdiction is conferred upon this court by
5 U.S.C. §§ 552 and 704, 28 U.S.C. . §§ 1331 and 1361 and by
the First Amendment to the Constitution. The amount in con-
troversy exceeds $10,000, exclusive of interests and costs.
-2-
GERALD FORD HIBRARY
PARTIES
Plaintiffs
3. Lillian Hellman is a professional writer and
playwright who has been awarded numerous prizes for her writ-
ings. She is also co-Chairman of the Committee for Public
Justice, an organization affiliated with the American Civil
Liberties Foundation and concerned with the protection of
civil liberties and civil rights of American citizens.
4. Blair Clark is a professional journalist and
co-Chairman of the Committee for Public Justice.
5. Thomas Brandon is a professional film-maker and
a member of the Executive Council of the Committee for Public
Justice.
6. Adrian deWind is a lawyer and a member of the
Committee for Public Justice.
7. Norman Dorsen is a Professor of Law at the New
York University School of Law and a member of the Executive
Council of the Committee for Public Justice.
8. Stephen Gillers is a lawyer and writer and a
member of the Executive Council of the Committee for Public
Justice.
9. John Hersey is a professional writer and a
member of the Executive Council of the Committee for Public
Justice.
10. Robert Silvers is a professional editor and a
member of the Executive Council of the Committee for Public
Justice.
11. Arthur Schlesinger, Jr. is the Albert Schweitzer
Distinguished Professor of the Humanities and a professional
historian who has won numerous prizes for his historical writings.
He is a member of the Committee for Public Justice.
-3-
DERALD
12. Telford Taylor is Professor of Law at the
Columbia University School of Law and a member of the Execu-
tive Council of the Committee for Public Justice.
13. Hannah Weinstein is a professional film-maker
and a member of the Executive Council of the Committee for
Public Justice.
Defendants
14. Arthur Sampson is Administrator of the General
Services Administration and custodian of the Presidential tape
recordings which are the subject matter of this suit. Pursuant
to an alleged agreement with defendant Nixon, dated September 6,
1974, he agreed to take possession of certain documents and
tape recordings, including the tape recordings at issue in
this action, and to permit no persons other than those approved
in writing in advance by defendant Nixon to have access to such
tape recordings and documents.
15. Philip Buchen is Counsel to the President of
the United States. On information and belief he has been
delegated authority by the President to supervise possession
of and access to the tape recordings at issue in this action.
16. Richard M. Nixon is the former President of
the United States and a party to the foregoing alleged agree-
ment with defendant Sampson and others. Under the alleged
agreement, defendant Nixon's prior written approval is nec-
essary for any person to be permitted access to the tape re-
cordings at issue in this action.
17. H. Stuart Knight is Director of the United
States Secret Service, exercising supervisory authority over
agents of the Secret Service who physically control access to
the tape recordings at issue in this action.
18. Defendants Sampson, Buchen and Knight are
and
sued individually/ in their official capacities. Defendant
Nixon is sued individually.
-4-
COUNT ONE
19. During the period 1971 to 1973, defendant Sixon
had installed a tape recording system in the White House and
the Executive Office Building which recorded numerous conver-
sations between the President and other persons. These record-
ings have been preserved under the control of Secret Service
Agents acting under the direction of defendant Knight and his
predecessors in office.
20. Many of these Presidential tape recordings
contain evidence of possible criminal or impeachable conduct
by defendant Nixon and evidence of the abuse of his powers
as President.
21. During the course of an inquiry into the im-
peachment of defendant Nixon, the Judiciary Committee of the
House of Representatives subpoenaed 147 tape recordings which
it had reason to believe might contain evidence of impeachable
offenses by the President. These 147 recordings are the sub-
ject matter of this action. Defendant Nixon refused to honor
the subpoenas and to deliver the 147 recordings requested, but
did make public documents purporting to be the transcripts of
approximately 41 of the conversations in question.
22. Following his resignation as President, defend-
ant Nixon entered into an agreement with defendant Sampson which
purported: (1) to acknowledge the defendants' ownership of the
147 tape recordings and other Presidential papers; (2) to per-
mit defendant Sampson to accept for deposit said tape record-
ings and other papers; and (3) to deny access to such record-
ings to all persons not having the prior written permission of
defendant Nixon.
23. Said agreement, to the extent that it applies
to the foregoing 147 specified tape recordings, is void and of
-5-
no force or validity, because it: (1) acknowledges ownership of
the tape recordings by defendant Nixon despite the fact that
defendant Nixon does not, under applicable law, own said record-
ings; (2) may be considered as a gift of said recordings from
the government to defendant Nixon which is not permitted by
any applicable law or regulation; and (3) denies access to
said recordings, which are property of the United States gov-
ernment, to third parties, despite the fact that such access
is required under the provisions of the Freedom of Information
Act.
24. Defendants Buchen and Knight currently main-
tain possession or control of the tape recordings at issue in
this action with a view toward depositing them with defendant
Sampson in accordance with the terms of the defendants' al-
leged agreement of September 6, 1974.
25. Pursuant to the Freedom of Information Act of
1966, Title 5 U.S.C. section 552 (a), plaintiffs requested access
to the 147 tape recordings referred to above in a letter to
defendant Sampson, dated October 2, 1974, a copy of which is
annexed hereto as Exhibit C.
26. By letter dated October 15, 1974, defendant
Sampson, through Richard Q. Vawter, Director of Information for
the General Services Administration (hereinafter "GSA"), denied
plaintiffs' request for access to the tape recordings. (A copy
of this letter is attached hereto as Exhibit D.) The purported
grounds for refusal were: (1) that GSA did not have the requested
materials in its possession, and (2) that the Presidential Li-
braries Act of 1955, Title 44, U.S.C. §§ 2107-2108, precludes
access to the tape recordings.
27. Plaintiffs seek access to the tapes in question
-6-
as citizens, and in some instances as members of a non-profit
Committee of citizens concerned about issues of public justice
which is conducting an inquiry into Watergate events and the
abuse of presidential power. As historians, writers, journalists,
film-makers and lawyers, plaintiffs also seek access to the tape
recordings for their professional pursuits.
28. Plaintiffs have a right, pursuant to the Freedom
of Information Act, to inspect and copy at a reasonable cost the
tape recordings referred to above, none of which are protected
by any form of executive or personal privilege of defendant
Nixon, and defendants are improperly withholding the informa-
tion sought in this action contrary to the disclosure require-
ments of the Act.
COUNT TWO
29. Paragraphs 1-28 inclusive are hereby incorpor-
ated by reference herein.
30. Defendants' denial of access to plaintiffs to
the tape recordings referred to above violates plaintiffs'
rights under the First Amendment in that it: (1) impedes and
curtails the constitutionally protected activities of the
plaintiffs acting through the Committee for Public Justice;
(2) inhibits their research, writing and publication concerning
a historical subject of great public significance; and (3) re-
stricts their rights as citizens to discover if and how the
highest office of the land was misused by defendant Nixon and
prevents them from establishing through the political process
proper safeguards against Presidential abuse of power in the
future.
WHEREFORE, plaintiffs demand judgment:
(1) enjoining defendants from withholding access
to the tape recordings described in paragraphs 1 and 21 and
Exhibit B;
BERALD
-7-
(2) ordering defendants to make promptly available to
plaintiffs the tape recordings specified in paragraphs 1 and 21
and Exhibit B;
(3) declaring that the alleged agreement of September
6,1974, between defendants Sampson and Nixon, is void and ille-
gal and of no force or validity as applied to the tape record-
ings described in paragraphs 1 and 21 and Exhibit B;
(4) granting plaintiffs such other and further relief
as this Court deems just and proper.
Respectfully submitted,
MELVIN L. WULF
c/o American Civil Liberties Union
410 First Street, S.E.
Washington, D.C. 20003
(202) 544-1681
JOHN H. F. SHATTUCK
American Civil Liberties Union
Foundation
22 East 40th Street
New York, New York 10016
(212) 725-1222
Leon Friedmer
LEON FRIEDMAN
Hofstra University
School of Law
Southern California Avenue
Hempstead, New York 11550
TELFORD TAYLOR
Columbia University Law School
Amsterdam Avenue and 116th Street
New York, New York 10027
Dated: October
, 1974
New York, New York
LIDRARY
EXHIBIT A
September 6, 1974
Honorable Arthur F. Sampson
Administrator
General Services Administration
Washington, D. C.
Dear Mr. Sampson:
In keeping with the tradition established by other former
Presidents, it is my desire to donate to the United States, at a future
date, a substantial portion of my Presidential materials which are of
historical value to our Country. In donating these Presidential
materials to the United States, it will be my desire that they be made
available, with appropriate restrictions, for research and study.
In the interim, so that my materials may be preserved,
I offer to transfer to the Administrator of General Services (the
"Administrator"), for deposit, pursuant to 44 U.S.C. Section 2101,
et seq., all of my Presidential historical materials as defined in
44 U.S.C. Section 2101 (hereinafter "Materials"), which are located
within the metropolitan area of the District of Columbia, subject to
the following:
1.
The Administrator agrees to accept solely for
the purpose of deposit the transfer of the Materials,
and in so accepting the Materials agrees to abide
by each of the terms and conditions contained herein.
2.
In the event of my death prior to the expiration of
the three-year time period established in para-
graph 7A hereof, the terms and conditions contained
herein shall be binding upon and inure to the benefit
of the executor of my estate for the duration of
said period.
3.
I retain all legal and equitable title to the Materials,
including all literary property rights.
EXHIBIT A
- 2 -
4.
The Materials shall, upon acceptance of this
offer by the Administrator, be deposited
temporarily in an existing facility belonging
to the United States, located within the State
of California near my present residence. The
Materials shall remain deposited in the temporary
California facility until such time as there may be
established, with my approval, a permanent
Presidential archival depository as provided for
in 44 U.S.C. Section 2108.
5.
The Administrator shall provide in such
temporary depository and in any permanent
Presidential archival depository reasonable
office space for my personal use in accordance
with 44 U.S. C. Section 2108 (f). The Materials
in their entirety shall be deposited within such
office space in the manner described in para-
graph 6 hereof.
.6.
Within both the temporary and any permanent
Presidential archival depository, all of the
Materials shall be placed within secure storage
areas to which access can be gained only by use
of two keys. One key, essential for access, shall
be given to me alone as custodian of the Materials.
The other key may be duplicated and entrusted by
you to the Archivist of the United States or to
members of his staff.
7.
Access to the Materials within the secure areas,
with the exception of recordings of conversations
in the White House and the Executive Office
Building which are governed by paragraphs 8 and 9
hereof, shall be as follows:
EXHIBIT A
- 3 -
A.
For a period of three years from the date
of this instrument, I agree not to with aw
from deposit any originals of the Materials,
except as provided in subparagraph B below
and paragraph 10 herein. During said three-
year period, I may make reproductions of
any of the originals of the Materials and
withdraw from deposit such reproductions
for any use I may deem appropriate. Except
as provided in subparagraph B below, access
to the Materials shall be limited to myself,
and to such persons as I may authorize from
time to time in writing, the scope of such
access to be set forth by me in each said
written authorization. Any request for
access to the Materials made to the Administra-
tor, the Archivist of the United States or any
member of their staffs shall be referred to me.
After three years I shall have the right to
withdraw from deposit without formality any
or all of the Materials to which this paragraph
applies and to retain such withdrawn Materials
for any purpose or use I may deem appropriate,
including but not limited to reproduction,
examination, publication or display by myself
or by anyone else I may approve.
B.
In the event that production of the Materials
or any portion thereof is demanded by a
subpoena or other order directed to any
official or employee of the United States,
the recipient of the subpoena or order shall
immediately notify me so that I may respond
thereto, as the owner and custodian of the
Materials, with sole right and power of access
thereto and, if appropriate, assert any privilege
or defense I may have. Prior to any such
production, I shall inform the United States
so it may inspect the subpoenaed materials
and determine whether to object to its pro-
duction on grounds of national security or
any other privilege.
EXHIBIT A
- 4 -
8.
The tape recordings of conversations in the
White House and Executive Office Building
which will be deposited pursuant to this
instrument shall remain on deposit until
September 1, 1979. I intend to and do hereby
donate to the United States, such gift to be
effective September 1, 1979, all of the tape
recordings of conversations in the White House
and Executive Office Building conditioned however
on my continuing right of access as specified in
paragraph 9 hereof and on the further condition
that such tapes shall be destroyed at the time of
my death or on September 1, 1984, whichever
event shall first occur. Subsequent to
September 1, 1979 the Administrator shall
destroy such tapes as I may direct. I impose
this restriction as other Presidents have before
me to guard against the possibility of the tapes
being used to injure, embarrass, or harass any
person and properly to safeguard the interests of
the United States.
9.
Access to recordings of conversations in the
White House and Executive Office Building within
the secure areas shall be restricted as follows:
A.
I agree not to withdraw from deposit any
originals of the Materials, except as
provided in subparagraph B and paragraph 10
below, and no reproductions shall be made
unless there is mutual agreement. Access
to the tapes shall be limited to myself, and
to such persons as I may authorize from
time to time in writing, the scope of such
access to be set forth by me in each said
written authorization. No person may
listen to such tapes without my written
prior approval. I reserve to myself such
literary use of the information on the tapes.
B.
In the event that production of the Materials
or any portion thereof is demanded by a
subpoena or other order directed to any
official or employee of the United States,
EXHIBIT A
-5-
the recipient of the subpoena or order
shall immediately notify me so that I
may respond thereto, as the owner and
custodian of the Materials, with sole right
and power of access thereto and, if appro-
priate, assert any privilege or defense I
may have. Prior to any such production
I shall inform the United States so it may
inspect the subpoenaed materials and
determine whether to object to its pro-
duction on grounds of national security
or any other privilege.
10.
The Administrator shall arrange and be responsible
for the reasonable protection of the Materials from
loss, destruction or access by unauthorized persons,
and may upon receipt of an appropriate written
authorization from the Counsel to the President
provide for a temporary re-deposit of certain of
the Materials to a location other than the existing
facility described in paragraph 4 herein, provided
however that no dimunition of the Administrator's
responsibility to protect and secure the Materials
from loss, destruction, unauthorized copying or
access by unauthorized persons is affected by said
temporary re-deposit.
11.
From time to time as I deem appropriate, I intend
to donate to the United States certain portions of
the Materials deposited with the Administrator
pursuant to this agreement, such donations to be
accompanied by appropriate restrictions as authorized
by 44 U.S. C. Section 2107. However, prior to such
donation, it will be necessary to review the Materials
to determine which of them should be subject to
restriction, and the nature of the restrictions to be
imposed. This review will require a meticulous,
thorough, time-consuming analysis. If necessary
to fulfill this task, I will request that you designate
certain members of the Archivist's staff to assist
in this review under my direction.
EXHIBIT A
- 6 -
If you determine that the terms and conditions set
forth above are acceptable for the purpose of governing the
establishment and maintenance of a depository of the Materials
pursuant to 44 U.S. C. Section 2101 and for accepting the
irrevocable gift of recordings of conversations after the specified
five year period for purposes as contained in paragraph 8 herein,
please indicate your acceptance by signing the enclosed copy of
this letter and returning it to me. Upon your acceptance we both
shall be bound by the terms of this agreement.
Sincerely,
sitt
Accepted by:
Arthur F. Sampson
Administrator
General Services Administration
ARVERT
EXHIBIT B
August 22, 1974
CONGRESSIONAL RECORD
9031
1. Certain conversations between the
5:50 to 7:14 p.m.: Meeting among the
man (Dean, 3 SSC p. 987). That agenda
President and Mr. Haldeman or Mr. Ehrlich-
President, Mr. Haldeman and Mr. Ehrlich-
raised as & topic the question of a White
man or Mr. Dean in February, March and
man (Mr. Rogers present from 5:20-6:19
House position for Mr. Magruder. The agenda
April, 1973, as follows:
p.m.).
stated that Mr. Magruder "[m]ay be vul-
(a) Conversations between the President
2. Conversations between the President and
nerable (Sloan) until Senate Hearings are
and Mr. Haldeman on or about February 20,
Mr. Kleindienst and the President and Mr.
completed." (Exhibit 34-34, 3 SSC p. 1243)
1973, that concern the possible appointment
Petersen during the period from April 15
Mr. Dean has testified that on or about Feb-
of Mr. Magruder to a government position;
through 18, 1973, as follows:
ruary 20, 1973, Mr. Haldeman met with the
(b) Conversations between the President,
April 15
President to discuss the topics covered by
Mr. Haldeman and Mr. Ehrlichman on or
10:13 to 10:15 a.m.: Telephone conversa-
the memorandum (Dean, 3 SSC p. 988).
about February 27, 1973, that concern the
tion between the President and Mr. Klein-
Mr. Haldeman testified that at the time he
assignment of Mr. Dean to work directly with
dienst.
received the agenda he had already told
the President on Watergate and Watergate-
1:12 to 2:22 p.m.: Meeting between the
Magruder that a White House job would not
related matters;
President and Mr. Kleindienst.
be possible "but I think the point here was to
(c) Conversations between the President
and Mr. Dean on March 17, 1973, from 1:25
3:48 to 3:49 p.m.: Telephone conversation
check that decision with the President to
between the President and Mr. Kleindienst.
be sure he concurred." (Haldeman, 7 SSC p.
to 2:10 p.m. and March 20, 1973, from 7:29 to
7:43 p.m.
4:00 to 5:15 p.m.: Meeting among the
2891). In March 1973, Mr. Magruder was ap-
President, Mr. Kleindienst and Mr. Petersen.
pointed to a $36,000 a year government post
(d) Conversations between the President
8:14 to 8:18 p.m.: Telephone conversation
which did not require Senate confirmation
and Mr. Ehrlichman on March 27, 1973 from
between the President and Mr. Petersen.
(Magruder, 2 SSC P. 831; Haldeman, 7 SSC
11:10 a.m. to 1:30 p.m., and on March 30,
1973, from 12:02 to 12:18 p.m.; and
8:25 to 8:26 p.m.: Telephone conversation
p. 2887).
(e) Conversations between the President
between the President and Mr. Petersen.
(2) Conversations between the President.
9:39 to 9:41 p.m.: Telephone conversation
Mr. Haldeman and Mr. Ehrlichman on or
and Mr. Haldeman and the President and
Mr. Ehrlichman during the period April
between the President and Mr. Petersen.
about February 27, 1973, that concern the
11:45 to 11:53 p.m.: Telephone conversa-
assignment of Mr. Dean to work directly
14 through 17, 1973, as follows:
tion between the President and Mr. Petersen.
with the President on Watergate and Water-
April 14
April 16
gate-related matters.
8:55 to 11:31 a.m.: Meeting among the
Both Mr. Haldeman and Mr. Ehrlichman
President, Mr. Ehrlichman and Mr. Halde-
1:39 to 3:25 p.m.: Meeting between the
have testified that the President decided to-
man.
President and Mr. Petersen (Mr. Zeigler pres-
ward the end of February 1973, that Mr. Dean
1:55 to 2:13 p.m.: Meeting between the
ent from 2:25-2:52 p.m.)
would work directly with the President on
President and Mr. Haldeman.
8:58 to 9:14 p.m.: Telephone conversation
Watergate-related matters and that this de-
2:24 to 3:55 p.m.: Meeting among the
between the President and Mr. Petersen.
cision was discussed with them (Ehrlichman.
President, Mr. Ehrlichman and Mr. Halde-
April 17
7 SSC p. 2730: Haldeman, 7 SSC p. 2891). Mr.
man.
2:46 to 3:49 p.m.: Meeting between the
Dean has testified that when he met with
5:15 to 6:45 p.m.: Meeting among the
President and Mr. Petersen.
the President on February 27. 1973. the Presi-
President, Mr. Ehrlichman and Mr. Halde-
April 18
dent told him that Watergate "was taking
man.
too much time from Haldeman's and Ehrlich-
11:02 to 11:16 p.m.: Telephone conversa-
2:50 to 2:56 p.m.: Telephone conversation
between the President and Mr. Petersen.
man's normal duties and they were
tion between the President and Mr. Halde-
principals in the matter, and I. therefore.
man.
6:28 to 6:37 p.m.: Telephone conversation
could be more objective than they." (Dean.
11:22 to 11:53 p.m.: Telephone conversa-
between the President and Mr. Petersen.
3 SSC p. 991)
tion between the President and Mr. Ehrlich-
Memorandum to Committee on the Judiciary
(3) Conversations between the President
man.
Respecting Conversations Requested on
and Mr. Dean on March 17, 1973. from 1:25
April 15
February 25, 1974
to 2:10 p.m. and March 20, 1973 from 7:29
10:35 to 11:15 a.m.: Meeting between the
The following sets forth the facts and
tc 7:43 p.m.
President and Mr. Ehrlichman.
bases underlying the requests for the con-
(a) March 17
2:24 to 3:30 p.m.: Meeting between the
versations specified in the letter of Feb-
The President has stated that he first
President and Mr. Ehrlichman.
ruary 25, 1974 from Mr. Doar to Mr. St. Clair:
learned at this meeting of the break-in of
3:27 to 3:44 p.m.: Telephone conversation
(1) Conversations between the President
the office of Daniel Ellsberg's psychiatrist
between the President and Mr. Haldeman.
and Mr. Haldeman on or about February 20,
which the White House Special Investigation
7:50 to 9:15 p.m.: Meeting among the
1973, that concern the possible appointment
Unit committed in September 1971 (Pres:-
President, Mr. Haldeman and Mr. Ehrlich-
of Mr. Magruder to a government position.
dent's Statement August 15, 1973, Pres. Doc
man.
Jeb Magruder was deputy director of the
p. 993).
10:16 to 11:15 p.m.: Meeting among the
Committee to Re-elect the President and par-
The White House has also stated that Mr.
President, Mr. Ehrlichman and Mr. Halde-
ticipated in meetings at which plans for the
Dean told the President on this date that no
man.
electronic surveillance of the President's po-
White House aides were involved in the
April 16
litical opponents were discussed (Magruder,
Watergate burglary except possibly Mr. Stra-
12:08 to 12:23 a.m.: Telephone conversa-
2 SSC p. 787-790). Mr. Magruder has testified
chan and that the President suggested that
tion between the President and Mr. Halde-
that he committed perjury before the grand
Mr. Dean, Mr. Haldeman and Mr. Ehrlichman
man.
jury investigating the break-in at the Demo-
testify before the Senate Select Committee
8:18 to 8:22 a.m.: Telephone conversation
cratic National Committee Headquarters and
(Exhibit 70-A. 4 SSC p. 1798-Memorandum
between the President and Mr. Ehrlichman.
at the trial of the seven defendants in
of Substance of Dean's Calls and Meetings
9:50 to 9:59 a.m.: Meeting among the
United States V. Liddy, et al. (Magruder, 2
With the President).
President, Mr. Haldeman and Mr. Ehrlich-
SSC p. 805). Mr. Magruder has testified that
he informed Mr. Haldeman in mid-January,
(b) March 20
man.
10:50 to 11:04 a.m.: Meeting among the
1973 that he was going to commit perjury
The White House has said that in the
during the trial (Magruder, 2 SSC p. 832).
course of this phone call from the President
President, Mr. Haldeman and Mr. Ehrlich-
Mr. Haldeman does not recollect this dis-
to Mr. Dean. Mr. Dean stated that there was
man.
cussion but does state that he met with Mr.
not a "scintilla of evidence of White House
12:00 to 12:31 p.m.: Meeting among the
President, Mr. Ehrlichman and Mr. Halde-
Magruder on February 14, 1973 and on
involvement" in Watergate (Exhibit 70-A. 4
March 2, 1973 about Mr. Magruder's future
SSC p. 1792-Memorandum of Substance of
man.
3:27 to 4:02 p.m.: Meeting between the
(Haldeman, 7 SSC p. 2886-87).
Dean's Calls and Meetings with the Presi-
President and Mr. Ehrlichman (Mr. Ziegler
Mr. Dean testified that in January and Feb-
dent). President Nixon confirmed this state-
present from 3:35-4:04 p.m.).
ruary of 1973 there were discussions about a
ment (President's News Conference Au-
job for Mr. Magruder (Dean. 3 SSC p. 990).
gust 22, 1972, Pres. Doc. p. 1019). Mr. Dear
9:27 to 9:49 p.m.: Telephone conversation
Hugh Sloan. the former treasurer of the
has testified that during this call he sched-
between the President and Mr. Ehrlichman.
President's Campaign Finance Committee,
uled a meeting with the President to discuss
April 17
testified he told Mr. Dean that if Mr. Magru-
the facts of Watergate and the obstruction
0:47 to 9:59 a.m.: Meeting between the
der (who Sloan testified made efforts to per-
of the Watergate investigation Dean, 3 SSC
President and Mr. Haldeman.
suade him to commit perjury) (Sloan, 2 SSC
p. 997-98).
12:35 to 2:30 p.m.: Meeting among the
p. 543, 581, 583) were given an appointment
(4) Conversations between the President
President, Mr. Haldeman and Mr. Ehrlich-
requiring Senate confirmation. Mr. Sloan
and Mr Ehrlichman on March 27. 1973, from
man (Mr. Zeigler present from 2:10-2:17
would voluntarily seck out the Senate Com-
11:10 a m. to 1:30 p.m. and on March 30.
p.m.).
mittee and testify against Mr. Magruder
1973 from 12:02 to 12:18 p.m.
2:39 to 2:40 p.m.: Telephone conversation
(Sloan, 2 SSC p. 591). Mr. Dean has further
(n) March 27
between the President and Mr. Ehrlichman.
testified that on or about February 19, 1973
Mr. Ehrilchman has testified that on
3:50 to 4:35 p.m.: Meeting among the
he was asked by Mr. Haldeman to prepare au
March 27, 1973, he met with the President
President, Mr. Haldeman and Mr. Ehrlich-
agenda of topics which the President could
and discussed White House involvement in
man.
use as a basis for a meeting with Mr. Halde-
the break-in at the Democratic National
H 9032
CONGRESSIONAL RECORD HOUSE
August 22, 1974
Committee Headquarters (Ehrlichman, 7
with obstruction of justice, Mr. Ehrlichman
8:18 to 8:22 a.m.: Telephone conversation
SSC p. 2747). Mr. Ehrlichman has testified
stated that "it doesn't really make any dif-
between the President and Mr. Ehrlichman.
that the President instructed him to inform
ference any more" since Mr. Dean and Mr.
9:50 to 9:59 a.m.: Meeting among the
Attorney General Kleindienst that the Presi-
Magruder were talking to the prosecutors
President, Mr. Haldeman and Mr. Ehrlich-
dent had no information that Mr. Ehrlich-
(Kleindienst, 9 SSC p. 3577).
man.
man, Mr. Colson, Mr. Dean, Mr. Haldeman or
(b) April 15, 1973
10:50 to 11:04 a.m.: Meeting among the
any other White House staff had any prior
The President's records indicate that the
President, Mr. Haldeman and Mr. Ehrlich-
knowledge of the Watergate burglary (Ehr-
man.
following meetings and telephone conversa-
lichman, 7 SSC p. 2748-49; Exhibit 99 p.
12:00 to 12:31 p.m.: Meeting among the
tions took place among the President, Mr.
2944-45). Mr. Ehrlichman has also testified
President, Mr. Ehrlichman and Mr. Haldeman.
Haldeman, Mr. Ehrlichman, Mr. Kleindienst
that the President asked him to inquire of
1:39 to 3:25 p.m.: Meeting between the
and Mr. Petersen:
the Attorney General about the procedures
President and Mr. Petersen (Mr. Ziegler pres-
10:13 to 10:15 a.m.: Telephone conversa-
for granting immunity (Ehrlichman, 7 SSC
ent from 2:25 to 2:52 p.m.)
tion: between the President and Mr. Klein-
p. 2750).
3:27 to 4:02 p.m.: Meeting between the
dienst.
(b) March 30
President and Mr. Ehrlichman (Mr. Ziegler
10:35 to 11:15 a.m.: Meeting between the
The President has said that after Mr.
present from 3:35 to 4:04 p.m.)
President and Mr. Ehrlichman.
Dean's disclosures of March 21 he ordered
8:58 to 9:14 p.m.: Telephone conversation
1:12 to 2:22 p.m.: Meeting between the
between the President and Mr. Petersen.
new investigations. (President's Statement
President and Mr. Kleindienst.
9:27 to 9:49 p.m.: Telephone conversation
April 17, 1973, Pres. Doc. p. 387; President's
2:24 to 3:30 pm.: Meeting between the
between the President and Mr. Ehrlichman.
Statement April 30, 1973, Pres. Doc. p. 434;
President and Mr. Ehrlichman.
President's Statement August 15, 1973, Pres.
On April 16, according to Mr. Dean's testl-
3:27 to 3:44 p.m.: Telephone conversation
Doc. p. 993). The President has stated that
mony, the President asked Mr. Dean to sign
between the President and Mr. Haldeman.
a letter of resignation, but Mr. Dean said he
on this date the President asked Mr. Ehrlich-
3:48 to 3:49 p.m.: Telephone conversation
man to take over that investigation from Mr.
would not resign.unless Mr. Ehrlichman and
between the President and Mr. Kleindienst.
Mr. Haldeman also resigned (Dean, 3 SSC p.
Dean (President's Statement August 15, 1973,
4:00 to 5:15 p.m.: Meeting among the
1017-1018). The President had further dis-
Pres. Doc. p. 993; Ehrlichman, 7 SSC p. 2747).
President, Mr. Kleindienst and Mr. Petersen.
cussions with Mr. Petersen about the prosecu-
(5) All conversations between the Presi-
7:50 to 9:15 p.m.: Meeting among the
tors' evidence of Mr. Haldeman and Mr.
dent and Mr. Haldeman and the President
President, Mr. Haldeman and Mr. Ehrlich-
Ehrlichman's possible involvement in the
and Mr. Ehrlichman from April 14 through
man.
Watergate matter and the possibility of
17, 1973, inclusive.
8:14 to 8:18 p.m.: Telephone conversation
granting immunity to Mr. Dean (Petersen,
(6) All conversations between the Presi-
between the President and Mr. Petersen.
9 SSC p. 3634; President's Statement April 17.
dent and Mr. Kleindienst and the President
8:25 to 8:26 p.m.: Telephone conversation
1973 Pres. Doc p. 387). Again, prior to and
and Mr. Petersen from April 15 through 18,
between the President and Mr. Petersen.
subsequent to his conversations with Mr.
1973, inclusive.
9:39 to 9:41 p.m.: Telephone conversation
Dean and Mr. Petersen the President had a
(a) April 14, 1973
between the President and Mr. Petersen.
number of conversations with Mr. Ehrlich-
The President's records indicate that the
10:16 to 11:15 p.m.: Meeting among the
man and Mr. Haldeman.
following meetings and telephone conversa-
President, Mr. Ehrlichman and Mr. Halde-
(d) April 17, 1973
tions took place between the President and
man.
The President's records indicate that the
Mr. Haldeman and the President and Mr.
11:45 to 11:53-p.m.: Telephone conversa-
following meetings and telephone conversa-
Ehrlichman on April 14, 1973:
tion between the President and Mr. Petersen.
tions took place among the President. Mr.
8:55 to 11:31 a.m.: Meeting between the
It was on April 15 that Mr. Kleindienst
Haldeman, Mr. Ehrlichman, Mr. Kleindienst
President and Mr. Ehrlichman in the Presi-
and Mr. Petersen directly brought to the
and Mr. Petersen:
dent's EOB office. (The President's daily diary
attention of the President the new informs-
9:47 to 9:59 a.m.: Meeting between the
shows that Mr. Haldeman was present from
tion which was being conveyed to the prose-
President and Mr. Haldeman.
9:00 to 11:30 a.m.).
cutors by Mr. Dean and Mr. Magruder. (Pres-
12:35 to 2:30 p.m.: Meeting among the
1:55 to 2:13 p.m.: Meeting between the
ident's Statement August 15, 1973, Pres. Doc
President, Mr. Haldeman and Mr. Ehrlichman
President and Mr. Haldeman.
p. 993). April 15 was also the date on which
(Mr. Ziegler present from 2:10 to 2:17 p.m.).
2:24 to 3:55 p.m.: Meeting among the
the President, beginning at 9:17 p.m., had
2:39 to 2:40 p.m.: Telephone conversation
President, Mr. Ehrlichman and Mr. Halde-
an important conversation with Mr. Dean
between the President and Mr. Ehrlichman.
man in the Oval Office.
that the President has stated was not re-
2:46 to 3:49 p.m.: Meeting between the
5:15 to 6:45 p.m.: Meeting among the
corded because the tape had run out (Pres-
President and Mr. Petersen.
President, Mr. Ehrlichman and Mr. Halde-
ident's Statement November 12, 1973, Pres.
3:50 to 4:35 p.m.: Meeting among the Pres-
man in the President's EOB office.
Doc p. 1330; President's News Conference
ident, Mr. Haldeman and Mr. Ehrlichman.
11:02 to 11:16 p.m.: Telephone conversa-
November 17, 1973, Pres. Doc p. 1346-47). Ac-
5:50 to 7:14 p.m.: Meeting among the
tion between the President and Mr. Halde-
cording to Mr. Dean the President stated
President, Mr. Haldeman and Mr. Ehrlich-
man.
at that conversation that he was joking
man (Mr. Rogers present from 5:20 to 6:19
11:22 to 11:53 p.m.: Telephone conversa-
when he said earlier that it would be no
p.m.)
tion between the President and Mr. Ehrlich-
problem to raise $1,000,000 (Dean, 3 SSC p.
On April 17 the President issued a state-
man.
1016). Following the conversation with Mr.
ment that there were "major developments"
The President has stated that it was on
Dean the President had a meeting with Mr.
in the Watergate case and "real progress
April 14 that Mr. Ehrlichman reported to
Ehrlichman and Mr. Haldeman at which Mr.
has been made on finding the truth."
him the results of the inquiry of the Water-
Ehrlichman called Mr. Gray with respect to
The President also stated that "no individual
gate matter which the President, on March
what happened to documents from Mr.
holding. in the past or at present, a position
30, 1973, ordered Mr. Ehrlichman to conduct
Hunt's safe which were given to Mr. Gray in
of major importance in the administration
(President's Statement August 15, 1973, Pres.
June 1972. Mr. Gray informed Mr. Ehrlich-
should be given immunity from prosecution."
Doc. p. 993). Mr. Ehrlichman testified that
man that the documents were destroyed
(Pres. Doc. p. 387) Mr. Dean has testified
he informed the President that Messrs. Dean,
(Ehrlichman, 7 SSC p. 2675-76).
that by the "no immunity" provision in the
Magruder and Mitchell were involved in the
As the listing of conversations indicates,
April 17 statement, the President was "quite
planning of the Watergate break-in
immediately following each of his various
obviously trying to affect any discussion I
(Ehrlichman, 7 SSC p. 2755, 2757-58, SSC
conversations with Mr. Kleindienst or Mr.
was having with the government regarding
Exhibit 98 at p. 2915-43). The President,
Petersen, the President had conversations,
my testimony." Mr. Dean has stated that
according to Mr. Ehrlichman, ordered that
some of which were quite lengthy, with Mr.
Mr. Garment, another Presidential Assistant,
the information be turned over to Mr.
Haldeman or Mr. Ehrlichman or both. It was
believed that the "no immunity" provision
Kleindienst (Ehrlichman, 7 SSC p. 2758).
on April 15 that Mr. Petersen suggested to
was inserted into the President's statement
It was on April 14 that Mr. Magruder in-
the President that Mr. Haldeman and Mr.
by Mr. Ehrlichman (Dean, 3 SSC p. 1020).
formed Mr. Ehrlichman that he was giving
Ehrlichman be fired (Petersen, 9 SSC p.
Also, on April 17, the pattern of the previ-
the prosecutors new information with re-
3628-29). The President stated that he owed
oùs few days is repeated in that prior to and
spect to the Watergate break-in and its
an obligation of fairness to Mr. Haldeman
subsequent to conversations between the
aftermath. (Magruder, 2 SSC p. 808);
and Mr. Ehrlichman (Petersen, 9 SSC p.
President and Mr. Petersen there are numer-
Ehrlichman, 7 SSC p. 2765-66). Mr. Ehrlich-
3628).
ous conversations between the President and
man and Mr. Haldeman knew that Mr. Dean
(c) April 16, 1973
Mr. Haldeman and the President and Mr.
already had been talking to the prosecutors
The President's records indicate that the
Ehrlichman.
and on April 14 Mr. Dean told them that
Mr. Ehrilchman and Mr. Haldeman were tar-
following meetings and telephone conversa-
(e) April 18, 1973
gets of the grand jury investigation (Dean,
tions took place among the President, Mr.
The President's records indicate that the
3 SSC p. 1014). Thus, when Mr. Ehrlichman
Haldeman, Mr. Ehrlichman, Mr. Kleindienst
following meetings and telephone conversa-
telephoned Mr. Kleindienst on the evening
and Mr. Petersen:
tions took place between the President and
of April 14 and was advised by the Attorney
12:03 to 12:23 a.m.: Telephone conversa-
Mr. Petersen:
General to turn over all information to the
between the President and Mr.
2:50 to 2:56 p.m.: Telephone conversation
Department of Justice to avoid being charged
Haldeman.
between the President and Mr. Petersen.
August 22, 1974
CONGRESSIONAL RECORD
H 9033
6:28 to 6:37 p.m.: Telephone conversation
service of the original subpoens, of which the
1:04 to 1:13 p.m.: Meeting between the
between the President and Mr. Petersen.
foregoing is 8 copy.
President and Mr. Haldeman.
On April 18, the President learned from
Dated: May 15, 1974.
2:20 to 2:45 p.m.: Meeting between the
Mr. Petersen that Mr. Dean had informed
Received by:
President and Mr. Haldeman (Mr. Ziegler
the prosecutors of the break-in by Messrs.
JAMES D. Sr. CLAIR.
present from 2:40-2:43 p.m.)
Hunt and Liddy of the office of Dr. Fielding,
Special Counsel to the President.
Memorandum Setting Forth Facts and Bases
Daniel Ellsberg's psychiatrist. (President's
Schedule of Things Required To Be Pro-
Underlying April 19, 1974, Request for
News Conference, August 22, 1973, Pres. Doc.
duced Pursuant to Subpoena of the
Presidential Conversations Necessary for
p. 1020; Petersen, 9 SSC p. 3631). There was
Committee on the Judiciary
Committee's Inquiry into Watergate and
also a continuation of the discussion re-
The President's daily diaries (as reflected
Aftermath
specting possible immunity for Mr. Dean dur-
on U.S. Government Printing Office Form
The following sets forth the facts and bases
ing which the President said he had a tape
"1972 O-472-086" or any predecessor or suc-
underlying the request contained in Mr.
to prove that Mr. Dean had told the Presi-
cessor forms) for the period April through
Doar's letter to Mr. St. Clair, dated April 10.
dent he had received immunity (Petersen,
July 1972, February through April 1973, July
1974, for Presidential conversations necessary
9 SSC p. 3630, 3654-56). With respect to the
12 through July 31, 1973 and October 1973.
for the House Judiciary Committee's in-
Fielding break-in the President has stated
quiry into Watergate and its aftermath. An
that he first learned of it on March 17, 1973,
[Copy]
asterisk following a specified conversation
and that on April 18 he instructed Mr. Peter-
sen to stay out of the matter because it
By Authority of the House of Representa-
indicates that the Special Prosecutor has
tives of the Congress of the United
subpoenaed such conversation for the trial of
involved-national security.
States of America
the indictment in United States V. Mitchell,
To Benjamin Marshall, or his duly authorized
et al. filed on March 1, 1974 respecting Water-
In calling for the above conversations the
representative:
gate and its aftermath.
Committee is seeking to determine:
You are hereby commanded to summon
(1) Meetings among the President, Mr.
Whether any of the conversations in any
Richard M. Nixon, President of the United
Haldeman, and Mr. Mitchell on April 4, 1972,
way bear upon the knowledge or lack of
States of America, or any subordinate officer,
from 4:13 to 4:50 p.m. and between the
knowledge of, or action or inaction by the
official or employee with custody or control of
President and Mr. Haldeman from 6:03 to
President and/or any of his senior adminis-
the things described in the attached sched-
6:18 p.m.*
tration officials with respect to, the investi-
ule, to be and appear before the Committee
Mr. Magruder has testified that on
gation of the Watergate break-in by the De-
on the Judiciary of the House of Representa-
March 30, 1972 Mr. Mitchell approved Mr.
partment of Justice, the Senate Select Com-
tives of the United States, of which the Hon.
Liddy's plan for electronic surveillance of
mittee, or any other legislative, judicial, ex-
Peter W. Rodino, Jr., is chairman, and to
the President's political opponents and an
ecutive or administrative body, including
bring with him the things specified in the
entry into the Democratic National Commit-
members of the White House staff;
schedule attached hereto and made a part
tee Headquarters in Washington. (Magruder,
Whether any of the conversations in any
hereof, in their chamber in the city of Wash-
2 SSC 794-95). Mr. Magruder called Mr.
way bear upon the President's knowledge or
ington, on or before May 22, 1974, at the hour
Strachan and indicated the project had been
lack of knowledge of, or participation or lack
of 10:00 A.M. then and there to produce
approved, and immediately thereafter, in
of participation in, the acts of obstruction
and deliver said things to said Committee,
early April, 1972, Mr. Strachan sent a memo-
of justice and conspiracy charged or other-
or their duly authorized representative, in
randum to Mr. Haldeman which stated that
wise referred to in the indictments returned
connection with the Committee's investiga-
a sophisticated political intelligence-gather-
on March 1 in the District Court for the Dis-
tion authorized and directed by H. Res. 803,
ing system for CRP had been approved
trict of Columbia in the case of U.S. V.
adopted February 6, 1974.
with a budget of $300,000. (Magruder, 2 SSC
Haldeman, et al.; and
Herein fail not, and make return of this
795; Strachan, 6 SSC 2441. 2452). Mr.
Whether any of the conversations in any
summons.
Strachan has testified that he prepared a
way bear upon the President's knowledge or
Witness my hand and the seal of the House
talking paper for a meeting between Mr.
lack of knowledge of, or participation or lack
of Representatives of the United States. at
Haldeman and Mr. Mitchell which took place
of participation in, the acts charged or other-
wise referred to in the informations or in-
the city of Washington, this 15th day of May
at 3:00 p.m. on April 4, 1972, and this talk-
1974.
ing paper included a reference to the
dictments returned in the District Court for
the District of Columbia in the cases of U.S.
PETER W. RODINO, Jr., Chairman.
sophisticated intelligence-gathering system.
On behalf of Richard M. Nixon, President
(Strachan, 6 SSC 2453-54). Mr. Haldeman
V. Magruder, U.S. V. Dean, U.S. V. Chapin and
U.S. V. Ehrlichman, or other acts which may
of the United States of America. I accept
has testified that the 3:00 p.m. meeting was
"in conjunction with" the meeting com-
constitute illegal activities.
service of the original subpoena, of which the
mencing at 4:13 p.m. among the President,
[Copy]
foregoing is a copy.
Mr. Mitchell and Mr. Haldeman during which
Dated: May 15, 1974.
By Authority of the House of Representa-
matters relating to the political campaign
Received by:
tives of the Congress of the United States
and ITT were discussed. (Haldeman, 8 SSC
JAMES D. Sr. CLAIR.
of America
3180-81). Mr. Haldeman has testified that his
Special Counsel to the President.
notes of the meeting among the President,
To Benjamin Marshall, or his duly author-
Schedule of Things Required To Be Produced
Mr. Haldeman and Mr. Mitchell do not in-
ized representative:
Pursuant to Subpoena of the Committee
dicate a discussion of intelligence. (Halde-
You are hereby commanded to summon
on the Judiciary
man. 7 SSC 2881). Not long after the
Richard M. Nixon, President of the United
All tapes, dictabelts, other electronic and
meeting among the President, Mr. Haldeman
States of America, or any subordinate officer,
official or employee with eustody or control
mechanical recordings, and transcripts,
and Mr. Mitchell ended, the President met
memoranda, notes or other writings of things
with Mr. Haldeman alone.
of the things described in the attached
schedule, to be and appear before the Com-
relating to the following conversations:
(2) Specified conversations on June 20,
1. Meetings among the President, Mr.
1972. between the President and Mr. Halde-
mittee on the Judiciary of the House of Rep-
Haldeman and Mr. Mitchell on April 4, 1972
man. and the President and Mr. Colson.
resentatives of the United States, of which
from 4:13 to 4:50 p.m. and between the Presi-
The President's records set forth that the
the Hon. Peter W. Rodino, Jr. is chairman,
dent and Mr. Haldeman from 6:03 to 6:18
following meetings and telephone conversa-
and to bring with him the things specified
in the schedule attached hereto and made a
p.m.
tions took place between the President and
2. Conversations on June 20, 1972 between
Mr. Haldeman and the President and Mr.
part hereof, in their chamber in the city of
the President and Mr. Haldeman, and the
Colson on June 20, 1972:
Washington, on or before May 22, 1974, at
President and Mr. Colson, as follows:
2:20 to 3:30 p.m.*: Meeting between the
the hour of 10:00 A.M., then and there to
2:20 to 3:30 p.m.: Meeting between the
President and Mr. Colson.
produce and deliver said things to said Com-
President and Mr. Colson.
4:35 to 5:25 p.m.: Meeting between the
mittee, or their duly authorized representa-
4:35 to 5:25 p.m.: Meeting between the
President and Mr. Haldeman.
tive, in connection with the Committee's in-
President and Mr. Haldeman.
7:52 to 7:59 p.m.: Telephone conversation
vestigation authorized and directed by H.
7:52 to 7:59 p.m.: Telephone conversation
between the President and Mr. Haldeman.
Res. 803, adopted February 6, 1974.
between the President and Mr. Haldeman.
8:04 to 8:21 p.m.": Telephone conversation
Herein fail not, and make return of this
8:04 to 8:21 p.m.: Telephone conversation
between the President and Mr. Colson.
summons.
between the President and Mr. Colson.
8:42 to 8:50 p.m.: Telephone conversation
Witness my hand and the seal of the House
of Representatives of the United States, at
8:42 to 8:50 p.m.: Telephone conversation
between the President and Mr. Haldeman.
the city of Washington, this 15th day of
between the President and Mr. Haldeman.
11:33 p.m., 6/20 to 12:05 a.m.: Telephone
May 1974.
11:33 p.m. 6/20 to 12:05 a.m. 6 21.: Tele-
conversation between the Presiden: and Mr.
Colson.
PETER W. ROBINO, Jr.,
phone conversation between the President
Chairman.
and Mr. Colson.
At an earlier meeting on June 20 between
Attest:
3. Conversations on June 23. 1972 between
Mr. Haldeman and the President 112 26-11:45
W. PAT JENNINGS,
the President and Mr. Haldeman, as follows:
Clerk.
10:04 to 10:39 a.m.: Meeting between the
Conversations followed by an asterisk
On behalf of Richard M. Nixon, President
President and Mr. Haldeman (Mr. Ziegler
have been subpoenaed by the Watergate
of the United States of America, I accept
present from 10:33-10:39 a.m.)
Special Prosecution Force.
FORD
H 9034
CONGRESSIONAL RECORD HOUSE
August 22, 1974
a.m.), the Watergate matter was one of the
sued into Mexico and should be tapered off
7. Meeting between the President and Mr.
items discussed. (Haldeman's Notes, Exhibit
at the five people arrested on June 17, 1972.
Dean on March 6, 1973 from 11:49 am to
61 In Re Subpoena Duces Tecum ("SDT"),
(Walters' Memorandum of Meeting with Mr.
12:00 p.m.
Misc. No. 47-73). The tape of that conversa-
Gray, SSC Exhibit 129, 9 SSC 3815; Gray 9
8. Telephone conversations between the
tion contained an 18 minute and 15 second
SSC 3452). Mr. Gray agreed to postpone two
President and Mr. Colson on March 16. 1973,
hum which obliterated the conversation. Also
interviews involving funds in the bank
from 7:53 to 8:12 p.m., and on March 19,
on June 20, a meeting among Mr. Ehrlich-
account of Bernard Barker, one of the men
1973, from 8:34 to 8:58 p.m.
man, Mr. Mitchell, Mr. Haldeman, Mr. Dean,
arrested in the Democratic National Com-
9. Conversations on March 20, 1973 among
and Mr. Kleindienst occurred to discuss the
mittee headquarters.
or between the President, Mr. Haldeman and
Watergate incident and investigation. (Ehr-
Mr. Ehrlichman, as follows:
lichman, 7 SSC 2822; Haldeman, 8 SSC 3039-
[Copy]
10:47 a.m. to 12:10 p.m.: Meeting between
40). Mr. Strachan has testified that on this
By Authority of the House of Repre-
the President and Mr. Haldeman (Mr.
date, following Mr. Haldeman's instructions,
sentatives of the Congress of the United
Ehrlichman present from 11:40 a.m.-12:10
he shredded the Political Matters Memo-
States of America
p.m.).
randum containing the reference to the plan
To Benjamin Marshall, or his duly author-
4:26 to 5:39 p.m.: Meeting between the
for electronic surveillance formulated by
ized representative:
President and Mr. Ehriichman.
Gordon Liddy. (Strachan, 6 SSC 2458, 2442).
You are hereby commanded to summon
6:00 to 7:10 p.m.: Meeting between the
On the evening of June 20, 1972, the Presi-
Richard M. Nixon, President of the United
President and Mr. Haldeman.
dent spoke by telephone to Mr. Mitchell. A
States of America, or any subordinate officer,
10. Conversations on March 21, 1973 be-
tape of this conversation was subpoenaed by
official or employee with custody or control
tween the President and Mr. Ehrlichman and
the Special Prosecutor but was not produced
of the things described in the attached
the President and Mr. Colson, as follows:
as the President stated that it was not re-
schedule, to be and appear before the Com-
9:15 to 10:12 a.m.: Meeting between the
corded. (President's Statement, November 12,
mittee on the Judiciary of the House of
President and Mr. Ehrlichman.
1973; Pres. Doc. 1329). The President's re-
Representatives of the United States, of
7:53 to 8:24 p.m.: Telephone conversation
corded recollection of this conversation was
which the Hon. Peter W. Rodino, Jr. is chair-
between the President and Mr. Colson.
produced. Mr. Mitchell has testified that in
man, and to-bring with him the things speci-
11. Meeting between the President and
this conversation he and the President dis-
fied in the schedule attached hereto and
Mr. Haldeman on March 22, 1973 from 9:11
cussed the Watergate break-in and Mr.
made a part hereof, in their chamber in the
to 10:35 a.m.
Mitchell expressed regret that he had not
city of Washington, on or before June 10,
12. Telephone conversations between the
kept better control over his men. (Mitchell,
1974, at the hour of 10:00 AM. then and
President and Mr. Colson on April 12, 1973
4 SSC 1633). After this conversation with Mr.
there to produce and deliver said things to
from 7:31 to 7:48 p.m.
Mitchell, the President had the four tele-
said Committee, or their duly authorized rep-
13. Two telephone conversations between
phone conversations specified with Mr. Halde-
resentative, in connection with the Commit-
Mr. Ehrlichman and Mr. Gray on April 15,
man and Mr. Colson.
tee's investigation authorized and directed
1973 between 10:16 and 11:15 p.m.
(3) Specified conversations on June 23,
by H. Res. 803, adopted February 6, 1974.
14. Telephone conversation between the
1972 between the President and Mr. Halde-
Herein fall not, and make return of this
President and Mr. Dean on April 17, 1973
man.
summons.
from 9:19 to 9:25 a.m.
The President's records set forth that the
Witness my hand and the seal of the House
15. Conversations on April 18, 1973 among
following meetings took place between the
of Representatives of the United States, at
or between the President, Mr. Haldeman and
President and Mr. Haldeman on June 23,
the city of Washington, this 30th day of
Mr. Ehrlichman, as follows:
1972:
May, 1974.
12:05 to 12:20 p.m.: Telephone conversa-
10:04 to 10:39 a.m.*: Meeting between the
Peter W. Rodino, Jr., Chairman.
tion between the President and Mr. Halde-
PETER W. RODINO, JR.,
man.
President and Mr. Haldeman (Mr. Ziegler
Chairman.
3:05 to 3:23 p.m.: Meeting between the
present from 10:33 to 10:39 a.m.).
Attest:
President and Mr. Ehrlichman.
1:04 to 1:13 p.m.*: Meeting between the
W. PAT JENNINGS,
6:30 to 8:05 p.m.: Meeting among the
President and Mr. Haldeman.
Clerk.
President, Mr. Ehrlichman and Mr. Halde-
2:20 to 2:45 p.m.*: Meeting between the
On behalf of Richard M. Nixon, President
man.
President and Mr. Haldeman (Mr. Ziegler
of the United States of America, I accept
16. Conversations on April 19, 1973 among
present from 2:40 to 2:43 p.m.)
service of the original subpoena, of which the
or between the President, Mr. Haldeman, Mr.
Mr. Haldeman has testified that on the
foregoing is a copy.
Ehrlichman and Mr. Petersen as follows:
basis of information supplied by Mr. Dean
Dated: 5/31, 1974.
9:31 to 10:12 a.m.: Meeting among the
to the effect that the FBI believed that the
Received by James D. St. Clair.
President, Mr. Haldeman and Mr. Ehrlich-
CIA might have been involved in the Water-
Special Counsel to the President.
man.
gate break-in, he raised the possibility of
Schedule of Things Required To Be Produced
10:12 to 11:07 a.m.: Meeting between the
CIA involvement with the President on
President and Mr. Petersen.
Pursuant to Subpoena of the Committee
June 23, 1972. (Haldeman, 8 SSC 3040-41).
on the Judiciary
1:03 to 1:30 p.m.: Meeting between the
Mr. Haldeman also testified that the Presi-
President and Mr. Ehrlichman.
dent ordered Mr. Haldeman and Mr. Ehrlich-
A. All tapes, dictabelts, other electronic
5:15 to 5:45 p.m.: Meeting between the
man to meet with Mr. Helms and Mr. Walters
and mechanical recordings, transcripts, mem-
President and Mr. Ehrlichman.
at the CIA to determine the CIA's involve-
orands, notes and other writings and things
9:37 to 9:53 p.m.: Telephone coriversation
ment and interest in the Watergate break-in
relating to the following conversations:
between the President and Mr. Haldeman.
and to request Mr. Walters to meet with
1. Meeting on the morning of November 15,
10:54 to 11:04 p.m.: Telephone conversa-
Acting FBI Director Mr. Gray to insure that
1972 among or between Mr. Haldeman, Mr.
tion between the President and Mr. Ehrlich-
Ehrlichman and Mr. Dean in the President's
the FBI's investigation of the Watergate
man.
participants not be expanded into unrelated
office at Camp David.
17. Conversations on April 20, 1973 among
matters which could lead to disclosure of
2. Conversation in which the President par-
or between the President, Mr. Haldeman and
non-Watergate related covert CIA operations
ticipated after December 8, 1972 (the date
Mr. Ehrlichman, as follows:
or other non-related national security activi-
Mr. Hunt's wife died) during which there
11:07 to 11:23 a.m.: Meeting between the
ties that had been undertaken previously by
was a discussion that a commutation of the
President and Mr. Haldeman.
sentence for Mr. Hunt could be considered
some of the Watergate participants. (Halde-
12:15 to 12:34 p.m.: Meeting among the
man, 7 SSC 2881-85). The President has
on the basis of Mr. Hunt's wife's death.
President, Mr. Haldeman and Mr. Ehrlichman
stated that he instructed Mr. Haldeman and
3. Meeting and telephone conversation on
(Mr. Kissinger was present until 12:16 p.m.)
Mr. Ehrlichman to insure that the FBI in-
January 5, 1973 between the President and
18. Conversations on April 25, 1973 among
vestigation of the Watergate break-in did
Mr. Colson from 12:02 to 1:02 p.m. and from
or between the President, Mr. Haldeman, Mr.
not expose either unrelated covert operations
7:38 to 7:58 p.m. respectively.
Ehrlichman, Mr. Wilson and Mr. Strickler, as
of the CIA or the activities of the White
4. Meetings between the President and Mr.
follows:
House Special Investigations Unit. (Presi-
Colson on February 13, 1973 from 9:48 to
approximately 9:25 to approximately 10:45
dent's Statement, May 22, 1973, Pres. Doc.
10:52 a.m. and on February 14, 1973 from
a.m.: Meeting among the President, Mr. Wil-
696). Mr. Haldeman and Mr. Ehrlichman did
10:13 to 10:49 a.m.
son and Mr. Strickler.
meet with Mr. Helms and General Wal-
5. Meeting between the President and Mr.
11:06 am to 1:55 p.m.: Meeting among the
ters of the CIA on June 23, 1972, at 1:35
Dean on February 27, 1973 from 3:55 to 4:20
President, Mr. Haldeman and Mr. Ehrlich-
p.m. The three meetings specified above be-
p.m.
man.
tween the President and Mr. Haldeman pre-
6. Conversations on March 1, 1973 between
4:40 to 5:35 p.m.: Meeting between the
ceded and followed the meeting among Mr.
the President and Mr. Dean, as follows:
President and Mr. Haldeman (Mr. Har. pres-
Haldeman, Mr. Ehrlichman and the repre-
9:18 to 9:46 a.m.: Meeting between the
ent from 5:30 to 5:32 p.m.)
sentatives of the CIA. (Ehrlichman, 7 SSC
President and Mr. Dean.
6:57 to 7:14 p.m.: Telephone conversation
2712; Walters' Memorandum, SSC Exhibit
10:36 to 10:44 a.m.: Meeting between the
between the President and Mr. Haldeman.
101, 7 SSC 2948; Haldeman, 8 SSC 3041). At
President and Mr. Dean (Mr. Kissinger was
7:17 to 7:19 p.m.: Telephone conversation
2:34 p.m., Walters met with Mr.
present until 10:37 a.m.).
between the President and Mr. Ehrlichman.
Gray of the FBI and stated-that-the FBI
1:06 to 1:14 p.m.: Meeting between the
7:25 to 7:39 p.m.: Telephone conversation
Watergate investigation should not be pur-
President and Mr. Dean.
between the President and Mr. Ehrilchman.
FORD
GERALD
August 22, 1974
CONGRESSIONAL RECORD-HOUSE
H 9035
7:46 to 7:53 p.m.: Telephone conversation
Ehrlichman, Colson and Dean, Colson told
(7) Meeting between the President and
between the President and Mr. Haldeman.
Dean that he did discuss the offer of execu-
Mr. Dean on March 6, 1973, from 11:49 a.m.
19. Conversations on April 26, 1973 among
tive clemency with the President (Dean, 3
to 12:00 p.m.
or between the President, Mr. Haldeman and
SSC 973-74) Dean also testified that in March
Dean has testified that at this meeting
Mr. Ehrlichman, as follows:
and April, 1973, the President stated that
the President reminded Dean that he should
8:55 to 10:24 a.m.: Meeting between the
he previously had discussed with Colson the
report directly to him and not involve Hal-
President and Mr. Haldeman.
possibility of executive clemency for Hunt.
deman and Ehrlichman in Watergate-related
3:59 to 9:03 p.m.: Meeting between the
(Dean, 3 SSC 995, 1017). Ehrlichman has
matters. (Dean, 3 SSC 994). The White House
President and Mr. Haldeman (Mr. Ehrlich-
testified that he met with Colson on Janu-
has stated that executive privilege guidelines
man was present from 5:57 to 7:14 p.m.)
ary 3 and told him that under no circum-
were discussed at this meeting. and it was
20. Telephone conversations on June 4,
stances should executive clemency be dis-
decided that executive privilege would cover
1973 between the President and Mr. Halde-
cussd (Ehrlichman, 7 SSC 2770-71; 2847-48).
former White House personnel as well as
man from 10:05 to 10:20 p.m. and from 10:21
(4) Meetings between the President and
present personnel. (Exhibit 70-A, 4 SSC
to 10:22 p.m.
Mr. Colson on February 13, 1973. from 9:48
1796-Memorandum of substance of Dean's
B. All papers and things (including re-
to 10:52 a.m.* and on February 14, 1973. from
calls and meetings with the President).
cordings) prepared by, sent to, received by or
10:13 to 10:49 a.m.*
(8) Telephone conversations between the
at any time contained in the files of, H. R.
Material in the possession of the Commit-
President and Mr. Colson on March 16, 1973.
Haldeman, John D. Ehrlichman, Charles W.
tee indicates that in mid-February 1973 Col-
from 7:53 to 8:12 p.m. and on March 19,
Colson, John Dean, III and Gordon Stra-
son and the President discussed the Water-
1973, from 8:34 to 8:58 p.m.
chan to the extent that such papers or things
gate matter. Also, in a newspaper interview
On March 16, 1973, David Shapiro, Colson's
relate or refer directly or indirectly to the
Colson stated that during a February 14,
law partner, met with Hunt. Hunt has testi-
break-in and electronic surveillance of the
1973 meeting he told the President, "you've
fied that he had expected to meet with Col-
Democratic National Committee Headquar-
got to call Mitchell in and have him accept
son and not Shapiro. During this meeting.
ters in the Watergate office building during
his responsibility" for the Watergate matter.
Hunt told Shapiro that he needed money
May and June of 1972 or the investigations
The President replied, according to Colson,
prior to his sentencing. Hunt felt that
of that break-in by the Department of Jus-
that while he wanted to resolve the Water-
Shapiro should convey all Hunt had sald to
tice, the Senate Select Committee on Presi-
gate matter, he was not willing to do so "at
Colson. (Hunt, 9 SSC 3705-06). Material in
dential Campaign Activities, or any other
the expense of making an innocent person a
the possession of the Committee indicates
legislative, judicial, executive or adminis-
scapegoat." (New York Times, interview with
that Shapiro reported to Colson on his con-
trative body, including members of the White
Mr. Colson, June 10, 1973)
versation with Hunt.
House staff.
(5) Meeting between the President and
(9) Specified conversations on March 20.
Memorandum Setting Forth Facts and
Mr. Dean on February 27, 1973, from 3:55 to
1973, among or between the President, Mr.
Bases Underlying Proposed Subpoena for
4:20 p.m.*
Haldeman and Mr. Ehrlichman.
Presidential Conversations Necessary for
This is the first meeting of Dean with the
The President's records set forth that the
the Committee's Inquiry into Watergate
President since September 15, 1972. Dean has
following meetings took place between the
and Aftermath
testified that the President told him that
President, Haldeman and Ehrlichman on
The following sets forth the facts and
Watergate "was taking up too much time
March 20, 1973:
bases underlying the proposed subpoena
from Haldeman's and Ehrlichman's normal
10:47 a.m. to 12:10 p.m.*: Meeting be-
dated May 30, 1974 for Presidential conver-
duties and they were principals in the
tween the President and Mr. Haldeman (Mr.
sations necessary for the House Judiciary
matter, and I, therefore, could be more objec-
Ehrlichman present from 11:40 a.m. to 12:10
Committee's inquiry into Watergate and its
tive than they." Dean also testified that he
p.m.).
aftermath. An asterisk following a specified
told the President that he was not sure
4:26 to 5:30 p.m.: Meeting between the
conversation indicates that the Special Prose-
Watergate could be confined indefinitely, and
President and Mr. Ehrlichman.
cutor has subpoenaed such conversation for
the President told Dean "we would have to
6:00 to 7:10 p.m.*: Meeting between the
the trial of the indictment in United States
fight back." (Dean, 3 SSC 991-92). The White
President and Mr. Haldeman.
V. Mitchell, et al., filed on March 1, 1974,
House has stated that executive privilege
Materials presented to the Committee in
respecting Watergate and its aftermath.
and the Senate Select Committee were dis-
executive session indicate that Haldeman
(1) Meeting on the morning of Novem-
cussed at this meeting. (Exhibit 70-A. 4 SSC
spoke with the President about the Water-
ber 15, 1972 among or between Mr. Halde-
1796-Memorandum of substance of Dean's
gate matter on this date, the day prior to
man. Mr. Ehrlichman and Mr. Dean in the
calls and meetings with the President)
Dean's disclosures of White House involve-
President's office at Camp David.*
(6) Specified Conversations on March 1,
ment to the President on March 21, 1973.
Dean testified that on November 15, he
1973, between the President and Mr. Dean.
Also, Dean has testified that on or about
met at Camp David with Haldeman and
The President's records indicate that the
March 20, 1973, he informed Ehrlichman of
Ehrlichman to inform them of the increased
following meetings took place between the
Hunt's threat to tell about the "seamy
demands for money transmitted by Hunt's
President and Dean on March 1, 1973:
things" he had done for Ehrlichman unless
lawyer through O'Brien to the White House.
9:18 to 9:46 a.m.: Meeting between the
he received additional money. (Dean, 3 SSC
At that meeting Dean played a tape of a con-
President and Mr. Dean.
999). Ehrlichman on March 20 became con-
versation between Colson and Hunt during
10:36 to 10:44 a.m.: Meeting between the
cerned that Hunt's blackmail attempt might
which Hunt made demands for money. (Dean,
President and Mr. Dean.
lead to the exposure of the Special Investiga-
3 SSC 969; Transcript, SSC Exhibit 152, 9
1:06 to 1:14 p.m.: Meeting between the
tions Unit. (Ehrlichman, 6 SSC 2565). Ehr-
SSC 3888-91). Also at that meeting Dean
President and Mr. Dean.
lichman has testified that about this time he
testified that Ehrlichman and Haldeman said
Dean testified that on March 1 the Presi-
had a conversation with the President about
the President had decided that based on in-
dent asked him questions about the ongoing
the break-in at the office of Dr. Fielding.
formation linking Chapin with Segretti's
confirmation hearings for Gray, and assured
(Ehrlichman, 6 SSC 2551).
campaign activities, Chapin would have to
him that it was proper for Dean to have re-
(10) Specified conversations on March 21.
leave the White House staff (Dean, 3 SSC
ceived FBI reports about the Watergate in-
1973, between the President and Mr. Ehrlich-
966).
vestigation. Dean testified the President told
man and the President and Mr. Colson.
(2) Conversation in which the President
him that Gray should not turn over Water-
The President's records indicate that the
participated after December 8. 1972 (the date
gate materials to the Senate Judiciary Com-
following meetings and telephone conversa-
Mr. Hunt's wife died) during which there
mittee. Dean told the President that he had
tions took place between the President and
was a discussion that a commutation of the
met with William Sullivan, a former FBI
Ehrlichman, and the President and Colson
sentence for Mr. Hunt could be considered on
official, and Sullivan had indicated that the
on March 21, 1973:
the basis of Mr. Hunt's wife's death.*
FBI had been used for political purposes in
9:15 to 10:12 a.m.*: Meeting between the
Materials presented to the Committee in
past administrations; the President instruct-
President and Mr. Ehrlichman.
executive session indicate that such a con-
ed Dean to get this information about FBI
7:53 to 8:24 p.m.*: Telephone conversation
versation took place.
practices from Sullivan. Dean testified also
between the President and Mr. Colson.
(3) Meeting and telephone conversations
that the President discussed executive privi-
The 9:15 to 10:12 a.m. meeting with
on January 5, 1973 between the President
lege during these meetings. (Dean, 3 SSC
Ehrlichman immediately preceded the Pres-
and Mr. Colson from 12:02 to 1:02 p.m.* and
993-94). The White House has stated that on
ident's March 21 meeting with Dean (10:12-
from 7:38 to 7:58 p.m.* respectively.
March 1 at a meeting with Dean the President
11:55 a.m.) at which time the President said
On January 3, 1973 in a meeting among
prepared for his press conference on March 2,
he first learned of the money payments to
Ehrlichman. Colson and Dean. Dean has tes-
and it was decided that the answer to the
the Watergate defendants and the attempt
tified that Colson said he felt it was impera-
question of why Dean was sitting in on FBI
of one of the defendants to blackmail the
tive that Hunt be given some assurances of
interviews during the Watergate investiga-
White House. (President's Statement Au-
executive clemency. Ehrlichman said, ac-
tion was that Dean was conducting an in-
gust 15, 1973, Pres. Doc. 9921. As indicated
cording to Dean, that he would speak to the
vestigation for the President. The President
above, it also came shortly after Ehrlichman
President and that Colson should not talk
asked Dean to write a report. (Exhibit 70-A,
learned of Hunt's alleged blackmail threat.
to the President about this matter. Despite
4 SSC 1796-Memorandum of substance of
The telephone conversation between the
Ehrlichman's warning. Dean testified that on
Dean's calls and meetings with the Presi-
President and Colson is the first conversation
January 5, 1973, following a meeting among
dent).
between them after Dean's conversation with
FURD
LIBRARY
H 9036
CONGRESSIONAL RECORD-HOUSE
August 22, 1974
the President on March 21, 1973. Materials
tions took place on April 18, 1973 among
11:07 to 11:23 a.m.*: Meeting between the
in the possession of the Committee indicate
the President, Haldeman and Ehrlichman:
President and Mr. Haldeman.
that Colson and the President discussed the
12:05 to 12:20 a.m.*; Telephone conver-
12:15 to 12:34 p.m.*: Meeting among the
Watergate matter in this conversation. This
sation between the President and Mr. Halde-
President. Mr. Haldeman and Mr. Ehrlichman.
is also the date on which it is alleged that
man.
Materials in the possession of the Commit-
a delivery of $75,000 for the benefit of Hunt
3:05 to 3:23 p.m.*: Meeting between the
tee reflect that on April 20, 1973, Petersen
was made by LaRue. (United States V.
President and Mr. Ehrlichman.
again reported to the President on the prog-
Mitchell, et al., Indictment, overt act 43),
6:30 to 8:05 p.m.*: Meeting among the
ress of the investigation of the Watergate
(11) Meeting between the President and
President, Mr. Ehrlichman and Mr. Halde-
matters and discussed potential conflicts of
Mr. Haldeman on March 22, 1973 from 9:11
man.
testimony. Both immediately prior to and
to 10:35 am.
These conversations occurred the day after
subsequent to the conversation between the
This meeting is Haldeman's first meeting
the President's statement on April 17, 1973,
President and Petersen, there are conversa-
with the President following the $75,000 pay-
during which he stated that "there have
tions between the President and Haldeman,
ment which allegedly was made in the eve-
been major developments in the [Water-
with Ehrilchman being present at the second
ning of March 21. It immediately precedes a
gate) case." (President's Statement, April 17,
conversation.
morning meeting among Haldeman, Ehrlich-
1973, Pres. Doc. 387). During this period,
(18) Specified conversations on April 25,
man, Mitchell and Dean, at which Dean
various White House officials were being
1973 among or between the President, Mr.
testified that Ehrlichman asked Mitchell if
summoned to testify before the Watergate
Haldeman, Mr. Ehrlichman, Mr. Wilson and
Hunt's money problem had been taken care
grand jury. In addition, shortly before his
Mr. Strickler.
of and Mitchell replied that it was no longer
conversation with Ehrlichman, the President
The President's record set forth that the
a problem. (Dean, 3 SSC 1000-01; Ehrlich-
had a telephone conversation with Petersen
following meetings and telephone conversa-
man, 7 SSC 2853). Mitchell has denied mak-
and stated that Dean had told him that the
tions took place among the President, Hal-
ing such a statement. (Mitchell, 4 SSC 1650).
prosecutors had given immunity to Dean and
deman, Ehrlichman, Wilson and Strickler on
The second meeting is one of the overt acts
the President had a tape to prove this
April 25, 1973:
alleged in the conspiracy indictment in
statement by Dean. Petersen denied that im-
Approximately 9:25 a.m. to approximately
United States V. Mitchell, et al., (Indictment,
munity had been granted. (Petersen,
10:45 a.m: Meeting among the President,
overt act 44). The President has stated that
9 SSC 3630, 3654-56). This was also the date
Mr. Wilson and Mr. Strickler.
he directed this second meeting to take place
on which the President learned that the
11:06 a.m. to 1:55 p.m.*: Meeting among
to determine "the best way to get the whole
prosecutors had been told of the break-in
the President, Mr. Haldeman and Mr.
story out" about the Watergate matter.
of the office of Daniel Ellsberg's psychiatrist
Ehrlichman.
(President's News Conference, March 6, 1974,
by members of the White House Special
4:40 to 5:35 p.m.*: Meeting between the
Pres. Doc. 293).
Investigations Unit. (President's News
President and Mr. Haldeman (Mr. Hart pres-
(12) Telephone conversation between the
Conference, August 22, 1973, Pres. Doc.
ent from 5:30 to 5:33 p.m.)
President and Mr. Colson on April 12, 1973,
1020).
6:57 to 7:14 p.m.*: Telephone conversa-
from 7:31 to 7:48 p.m.*
(16) Specified conversations on April 19,
tion between the President and Mr. Halde-
Materials in the possession of the Com-
1973, among or between the President,
man.
mittee indicate that the President called
Mr. Haldeman, Mr. Petersen and Mr.
7:17 to 7:19 p.m.*: Telephone conversa-
Colson in Boston on April 12, said that he
Ehrlichman.
tion between the President and Mr. Ehr-
wanted to act promptly on Watergate and
The President's records set forth that the
lichman.
asked Colson to prepare a specific set of
following meeting and telephone conversa-
7:25 to 7:39 p.m.*: Telephone conversa-
recommendations. This conversation is the
tions took place on April 19, 1973, among the
tion between the President and Mr.
last contact between Colson and the Presi-
President, Haldeman, Ehrlichman and
Ehrlichman.
dent prior to two meetings which Colson had
Petersen:
7:46 to 7:53 p.m.*: Telephone conver-
with Ehrlichman on April 13, 1973 as part
9:31 to 10:12 a.m.*: Meeting among the
sation between the President and Mr.
of Ehrlichman's inquiry, directed by the
President, Mr. Haldeman and Mr. Ehrlich-
Haldeman.
President, into the Watergate matter.
man.
On the morning of April 25, after speak-
Ehrlichman has testified that, at Colson's
10:12 to 11:07 a.m.*: Meeting between the
ing by telephone with Petersen, the President
request, they met and Colson told him that
President and Mr. Petersen.
met with Wilson and Strickler, the attor-
Hunt, on April 16, would testify to the grand
1:03 to 1:30 p.m.*: Meeting between the
neys for Haldeman and Ehrlichman, and then
jury about the payments to the Watergate
President and Mr. Ehrlichman.
had a lengthy meeting with Haldeman and
defendants and that McCord would testify
Ehrlichman Secret Service records indicate
about an attempt to break into the offices of
5:15 to 5:45 p.m.*: Meeting between the
that at approximately the time this later
President and Mr. Ehrlichman.
Henry Greenspun, a Las Vegas newspaper
meeting ended, Stephen Bull, a Presidential
publisher. Colson, according to Ehrlichman,
9:37 to 9:53 p.m.*: Telephone conversation
assistant, signed out 22 tapes of Presidential
said that he had some suggestions to convey
between the President and Mr. Haldeman.
conversations. (Exhibit 7, In Re SDT, Misc.
to the President. (Ehrlichman, 7 SSC 2800-
10:54 to 11:04 p.m.*: Telephone conversa-
47-73). Bull has testified that he turned
01; Ehrlichman's notes of this meeting,
tion between the President and Mr. Ehrlich-
over these tapes to Haldeman. (Bull, In Te
Exhibit 98, 7 SSC 2933-36).
man.
SDT, Tr. 343-45.) Haldeman has testified that
(13) Two telephone conversations between
In his meeting on April 19, 1973, the Presi-
he listened to the tape of the March 21,
Mr. Ehrlichman and Mr. Gray on April 15,
dent and Petersen spoke about the Water-
1973 conversations between the President and
1973 between 10:16 and 11:15 p.m.
gate investigation. Petersen gave the Presi-
Dean. (Haldeman, In Re SDT, Miso. 47-73,
Ehrlichman has testified that while he was
dent a report on the progress of the investi-
Tr. 927, 937-38.) The President has stated
in the presence of the President he, at the
gation. The President met with Ehrlichman
that Haldeman listened to this tape at the
President's request, telephoned Gray with
and Haldeman both immediately prior to the
request of the President. (President's State-
respect to the documents that had been
meeting with Petersen and subsequent to
ment, November 12, 1973, Pres. Doc. 1329.)
taken from Hunt's White House safe shortly
that meeting. Moore has testified that on
Also on April 25, Petersen and Kleindienst
after the Watergate break-in and given to
April 19 he told the President that Dean
asked the President to change his decision
Gray. During these conversations, Gray in-
had said that Ehrlichman would have &
not to send the information about the
formed Ehrlichman that he had destroyed
problem involving the Ellsberg case. (Moore,
Fielding break-in to Judge Byrne in the
the documents and Ehrlichman transmitted
5 SSC 1961). Dean, on this date, issued a
Ellsberg trial. The President did change his
this information immediately to the Presi-
public statement that he would not be made
decision. (Kleindienst, 9 SSC 3574-75; Peter-
dent. (Ehrlichman, 7 SSC 2675-76). Gray has
sen, 9 SSC 3631-32; the President's State-
"a scapegoat" in response to the President's
confirmed that Ehrlichman made these two
April 17 statement against granting immu-
ment, August 15, 1973; Pres. Doc. 993; Prest-
telephone calls. (Gray, 9 SSC 3470).
nity to high White House aides (Dean, 3
dent's News Conference, August 22, 1973,
Pres. Doc. 1020-21).
(14) Telephone conversation on April 17,
SSC 1020). In the evening from 8:26 to 9:32
1973, between the President and Mr. Dean
p.m., the President had his first meeting
(19) Specified conversations on April 26,
from 9:19 to 9:25 a.m.
with John Wilson and Frank Strickler, the
1973 among or between the President, Mr.
Haldeman and Mr. Ehrlichman.
On April 17, 1973, the President had a tele-
attorneys who were retained to represent
Haldeman and Ehrlichman in the Watergate
The President's records set forth that the
phone conversation with John Dean. Dean
has testified that during this conversation
matter. The President has produced an edited
following meetings and telephone conver-
the President stated that he had decided
transcript of that conversation. Immediately
sations took place on April 26. 1973, among
the President. Haldeman, and Ehrlichman:
not to request any resignations until after
thereafter, the President spoke by telephone
with Haldeman and then with Ehrlichman.
8:55 to 10:24 a.m.*: Meeting between the
the grand jury took action and that he
President and Mr. Haldeman.
would issue a statement very shortly. (Dean,
(17) Specified conversations on April 20,
3:59 to 9:03 p.m.*: Meeting between the
3 SSC 1019).
1973 among or between the President, Mr.
President and Mr. Haldeman. (Mr. Ehrlich-
(15) Specified conversations on April 18,
Haldeman and Mr. Ehrlichman.
man was present from 5:57 to 7:14 p.m.).
1973 among or between the President, Mr.
The President's records set forth that the
According to Secret Service logs, on
Haldeman and Mr. Ehrlichman.
following meetings and telephone conversa-
April 26, Bull took out a series of Presidential
The President's records set forth that the
tions took place on April 20, 1973 involving
tapes which were returned on May 2, 1973.
following meeting and telephone conversa-
the President, Haldeman and Ehrlichman:
(Exhibit 7, In Re SDT, Misc. 47-73). Halde-
FORD
GERALD
LIBRARY
August 22, 1974
CONGRESSIONAL RECORD-HOUSE
H 9037
man listened to the tape of March 21, 1973,
hereof, in their chamber in the city of Wash-
directors, officers. or employees; (b) litigation
again at the President's request. (Haldeman,
ington, on or before July 2. 1974, at the hour
or administrative investigations or proceed-
In Re SDT, Tr. 937). A lengthy five hour and
of 10:00 A.M., then and there to produce and
ings, actual or proposed, against or otherwise
four minute meeting was held between the
deliver said things to said Committee, or
respecting said corporation, or any subsidi-
President and Haldeman at which Ehrlich-
their duly authorized representative, in con-
ary, director, officer or employee thereof; (c)
man was present for one hour and seventeen
nection with the Committee's investigation
the nomination of Richard G. Kleindienst to
minutes. During this meeting, the President
authorized and directed by H. Res. 803,
be Attorney General or any proposal. sugges-
called Kleindienst four times (having called
adopted February 6, 1974.
tion or consideration of whether to with-
him twice earlier in the day) and Petersen
Herein fail not, and make return of this
draw said nomination; or (d) the hearings
twice. Petersen has testified that on this date
summons.
before the Senate Judiciary Committee on
the President called him to ask if Gray
Witness my hand and the seal of the House
the nomination of Richard G. Kleindienst
should resign as Acting FBI Director. Gray
of Representatives of the United States, at
to be Attorney General, including the testi-
had acknowledged that he had destroyed
the city of Washington, this 24th day of
mony given during such hearings.
documents given to him by Dean in June
June, 1974.
Memorandum Setting Forth Facts and Bases
1972 from Hunt's White House safe. Petersen
Peter W. Rodino, Jr., Chairman.
Underlying Proposed Subpoena for Record-
also testified that pursuant to the President's
Attest: W. Pat Jennings, Clerk.
ings of Presidential Conversations and
instructions, he asked Gray to meet with
On behalf of Richard M. Nixon, President
Other Things Necessary for the Commit-
Kleindienst and him to discuss the situa-
of the United States of America. I accept
tee's Inquiry Relating to ITT and the
tion. (Petersen, 9 SSC 3625). During the
service of the original subpoena, of which the
Kleindienst Confirmation Hearings
course of this meeting in Kleindienst's office,
foregoing is a copy.
Dated: June 25, 1974.
The following set's forth the facts and
a telephone call was made to the President
and the President was advised that Gray did
Received: James D. St. Clair.
bases underlying the proposed subpoena
not wish to resign. The President responded
Special Counsel to the President.
dated June 24, 1974 for recordings of Presi-
that Gray could remain as Acting FBI Di-
dential conversations and other things nec-
Schedule of Things Required To Be Produced
rector until the situation was analyzed.
esary for the House Judiciary Committee's
Pursuant to Subpoena of the Committee
(Gray, 9 SSC 3591-92; Petersen, 9 SSC 3654;
inquiry into the ITT case and the hearings
on the Judiciary
before the Senate Judiciary Committee on
Kleindienst, 9 SSC 3598-99)
A. All tapes, dictabelts, other electronic
the nomination of Richard G. Kleindienst
(20) Telephone conversations on June 4,
and mechanical recordings, transcripts,
to be Attorney General.
1973 between the President and Mr. Halde-
memoranda, notes and other writings and
man from 10:05 to 10:20 p.m.* and from
In 1969, three antitrust suits were filed by
things relating to the following conversa-
10:21 to 10:22 p.m.*
the United States against the International
tions:
The President has stated that on June 4.
Telephone and Telegraph Corporation (ITT).
1. Conversations of the President with Mr.
1973, he listened to tapes of his various con-
each seeking to prevent a corporate acquisi-
Haldeman and Mr. Ehrlichman, or either
versations with Dean. (President's Statement,
tion or to require & corporate divestiture.
of them, between about 12:30 p.m. and about
November 12, 1973, Pres. Doc. 1329). Halde-
During 1970 and 1971, particularly in August
1:28 p.m., and between about 5:15 p.m. and
man had previously listened to tapes at the
of the former year and April of the latter,
about 6:32 p.m., March 6, 1972.
President's request. Material in the posses-
officials of ITT made numerous contacts with
2. Conversations between the President
sion of the Committee indicates the likeli-
Administration officials for the purpose of
and Mr. Haldeman from about 1:40 p.m. to
hood of the President speaking to Haldeman
attempting to persuade the Administration
about 2:13 p.m., March 6, 1972.
about certain of the recorded conversations.
that the suits should be settled on a basis
3. Telephone conversation between the
consistent with the interests of ITT. (Docu-
President and Mr. Colson from about 7:36
In calling for the above conversations, the
ments supplied to the Committee by the
p.m. to about 8:02 p.m., March 6, 1972.
White House; Memo C. W. Colson to H. R.
Committee is seeking to determine:
4. Telephone conversation between the
Haldeman, March 20, 1972, Senate Select
Whether any of the conversations in any
President and Mr. Mitchell beginning about
way bear upon the knowledge or lack of
Committee (SSC) Exhibit 121, 8 SSC 3372.)
6:05 p.m., March 14, 1972.
knowledge of, or action or inaction by the
5. Conversation between the President
Late in December, 1970, ITT won in the
President and/or any of his senior adminis-
and Mr. Colson from about 1:24 p.m. to
District Court one of the three suits, brought
tration officials with respect to, the investi-
about 3:40 p.m., March 18, 1972.
in connection with its acquisition of the
gation of the Watergate break-in by the
6. Conversations between the President
Grinnell Corporation. The once-postponed
Department of Justice, the Senate Select
and Mr. Haldeman on March 30, 1972, from
deadline for the United States to file its
Committee, or any other legislative, judicial,
about 9:38 a.m. to about 9:58 a.m., about
appeal in the United States Supreme Court
executive or administrative body, including
10:42 a.m. to about 11:10 a.m.; about 11:50
in the ITT-Grinnell case was April 20. 1971.
members of the White House staff;
a.m. to about 12:15 p.m.; and about 5:32
(Petition of Government filed in Supreme
Whether any of the conversations in any
p.m. to about 6:08 p.m.
Court on March 19, 1971, and granted by
way bear upon the President's knowledge or
7. Any conversation of the President with
Mr. Justice Harlan on March 20, 1971.)
lack of knowledge of, or participation or lack
Mr. Haldeman and Mr. Colson, or either of
On April 19. 1971, the President. in the
of participation in, the acts of obstruction of
them, between about 12:46 p.m. and about
course of a meeting with John D. Ehrlich-
justice and conspiracy charged or otherwise
2:32 p.m., March 30, 1972.
man and George P. Shultz, telephoned
referred to in the indictments returned on
8. Any conversation of the President with
Deputy Attorney General Kleindienst and
March 1 in the District Court for the District
Mr. Haldeman and Mr. Colson, or either of
ordered that the appeal not be filed. The
of Columbia in the case of United States v.
them, between about 5:32 p.m. and about
President has said that he took this action
Mitchell, et al., and
6:11 p.m., March 30, 1972.
because in his opinion the further prosecu-
Whether any of the conversations in any
tion by Assistant Attorney General Richard
way bear upon the President's knowledge or
9. Telephone conversation between the
McLaren of the sult was inconsistent with
President and Mr. Colson between about 7:33
lack of knowledge of, or participation or lack
the the antitrust policy approved by the
of participation in, the acts charged or other-
p.m. and about 7:45 p.m., March 30, 1972.
President in consultation with his senior eco-
wise referred to in the informations or in-
10. Conversations between the President
nomic advisers. During the meeting. the
dictments returned in the District Court for
and Mr. Haldeman from about 9:44 a.m. to
President expressed irritation with Mc-
the District of Columbia in the case of United
about 10:06 a.m.: about 10:48 a.m. to about
Laren's failure to follow administration
States D. Magruder; United States v. Dean;
11:45 a.m.; about 2:45 p.m. to about 3:00
policy White House "White Paper." The ITT
United States D. Chapin; and United States
p.m.: and 6:03 p.m. to about 6:18 p.m.,
Anti-Trust Decision, January 8, 1974. p. 5.)
D. Ehrlichman, et al., or any other acts which
April 4, 1972.
On the following day, the Solicitor General's
may constitute illegal activities.
11. Telephone conversation between the
office obtained from the Supreme Court an
President and Mr. Colson between about
extension of the time in which to file the
[Copy]
10:46 a.m. and about 11:09 a.m., April 4,
ITT-Grinnell appeal. (White House "White
By Authority of the House of Representatives
1972.
Paper," supra, p. 5; Griswold testimony.
of the Congress of the United States of
12. Conversation between the President and
Kleindienst Confirmation Hearings (KCH)
America
Mr. Coison between about 11:45 a.m. and
2 KCH 389; Application for Extension of
To Benjamin Marshall, or his duly author-
12:23 p.m., April 5, 1972.
Time filed in the Supreme Court.)
ized representative:
B. The President's copies of daily news
On April 21, 1971. the President met with
You are hereby commanded to summon
summaries (and all his notes and memo-
Attorney General Mitchell. The Attorney
Richard M. Nixon. President of the United
randa with respect thereto) which were com-
General said that in his opinion it was inad-
States of America. or any subordinate officer.
piled by White House staff members during
visable for the President to order no appeal
official or employee with custody or control
the period February 22, 1972 through June 9.
in the Grinnell case, that there would be
of the things described in the attached sched-
1972, inclusive, summarizing news reports
adverse repercussions in Congress, and that
ule, to be and appear before the Committee
by newspapers, periodicals, wire services, and
Solictor General Griswold might resign. The
on the Judiciary of the House of Repre-
the broadcast media, to the extent that such
President agreed to follow the Attorney Gen-
sentatives of the United States, of which the
news summaries relate, directly or indirectly.
eral's advice. (White House "White Paper,"
Hon. Peter W. Rodino, Jr. is chairman, and to
to any of the following subjects: (a) the
supra, p. 5.)
bring with him the things specified in the
International Telephone and Telegraph Cor-
Sometime during the spring of 1971. ITT-
schedule attached hereto and made a part
poration (ITT) or any of its subsidiaries.
Sheraton, an ITT subsidiary. made a piedge
FORD
GERALD
LIBRARY
H 9038
CONGRESSIONAL RECORD-HOUSE
August 22, 1974
to the San Diego Convention and Visitors
ary Committee. He testified that there had
certain conversations during the period be-
Bureau in support of a bid by the City of
been no communication between the Presi-
tween February 29 and April 5, 1972. to aid
San Diego to attract the 1972 Republican Na-
dent and him with respect to the ITT anti-
in determining the participation or non-
tional Convention. (White House "White
trust litigation or any other antitrust litiga-
participation, knowledge or lack of knowl-
Paper," supra, p. 7.) Evidence indicates that
tion. (2 KCH 552; 2 KCH 571.)
edge of the President and his senior advisors
sometime in May or June of 1971, Attorney
In early March, 8 White House task force,
with respect to testimony before the Senate
General Mitchell became aware of the
including Messrs. Ehrlichman, Colson, Field-
in the Kleindienst hearings.
pledge. (Documents supplied to the Com-
ing, Johnson, Mardian and others, was estab-
The specific conversations referred to in
mittee by the White House; Memo C. W. Col-
lished to keep track of the Kleindienst hear-
Part A of the schedule attached to the pro-
son to H. R. Haldeman, March 30, 1972, SSC
ings, and its activities continued throughout
posed subpoena are as follows:
Exhibit 121, 8 SSC 3372.)
the month. Members of the task force met
A. Items 1, 2 and 3 of Part A refer to
During June, 1971, the Antitrust Division
from time to time with Messrs. Mitchell and
conversations between the President and
of the Justice Department decided to try to
Kleindienst. Mr. Fielding was given the re-
Messrs. Haldeman. Ehrlichman or Colson on
settle the three ITT antitrust cases. (Mc-
sponsibility of reviewing White House files to
Monday, March 6, 1972. This was the day
Laren, 2 KCH 111-112.) The final settlement
collect all documents which related to ITT.
after the President returned from a weekend
was announced on July 31, 1971. (McLaren,
On March 24, 1972, the President held his
at Key Biscayne, and four days after the ITT
2 KCH 113.) Several authorities have stated
only press conference during this period. He
document or documents had been delivered
that the settlement, calling for the largest
said that: as far as the [Senate Judici-
to White House aide Johnson. The Klein-
antitrust-related corporate divestiture in
ary Committee] hearings are concerned, there
dienst hearings had resumed the previous
history, was a good one from the govern-
is nothing that has happened in the hearings
Thursday and were continuing On the same
ment's standpoint. (See, e.g., Griswold,
to date that has in one way shaken my con-
day Mr. Ehrlichman contacted the Chairman
2 KCH 374.) It did, however, enable ITT to
fidence in Mr. Kleindienst as an able, honest
of the SEC to discuss ITT documents.
retain its Hartford Fire Insurance subsidi-
man, fully qualified to be Attorney General
B. On the evening of March 14, 1972, the
ary, a matter of paramount importance to
of the United States." (Weekly Compliation
President and Mr. Mitchell had a telephone
the company.
of Presidential Documents, Vol. 8, No. 8, pp.
conversation. It was their only phone conver-
On February 15, 1972, the nomination of
673-674.)
sation during the month of March of which
Richard G. Kleindienst to become Attorney
He also said that, "In this Administration
we are aware. This was the evening of the
General was forwarded by the President to
we moved on ITT. We are proud of that rec-
first day of Mr. Mitchell's testimony during
the Senate for confirmation. (Weekly Com-
ord." He said that administration action had
which he twice denied ever having discussed
pilation of Presidential Documents, Vol. 8,
prevented ITT from growing further and
antitrust litigation with the President. Ma-
p. 440.) Mr. Kleindienst was to replace John
quoted Solicitor General Griswold as to the
terials respecting the conversation are re-
Mitchell, who was leaving the Justice De-
excellence of the ITT settlement. "We moved
quested in Item 4 of Part A of the schedule
partment to head the Committee for the
on [ITT] and moved effectively Mr.
attached to the proposed subpoena.
Reelection of the President. The Senate Ju-
McLaren is justifiably very proud of that
C. According to Mr. Colson's calendar, he
diclary Committee held hearings on this
record
[and he] should be." (Id. at p.
spent the morning of March 18, 1972, on
nomination and quickly agreed to recommend
675.)
"TTT" matters. He had three telephone con-
confirmation to the Senate. (Report of the
On the morning of March 30, 1972, Messrs.
versations with Mr. Mitchell during the
Senate Judiciary Committee on the Nomina-
Colson, Haldeman and MacGregor met. That
morning. That afternoon, the President and
tion of Richard G. Kleindienst, 92d Cong.,
afternoon, Mr. Colson sent a memorandum
Mr. Colson met over two hours. The Klein-
2d Sess., Executive Rep. No. 92-19, February
to Mr. Haldeman indicating his disagreement
dienst hearings were still continuing. Item 5
29, 1972.)
with Mr. Haldeman's view, apparently pre-
of Part A of the schedule attached to the pro-
Before the Senate could act, however, be-
sented at a meeting that morning, that the
posed subpoena covers this conversation.
White House should continue to support Mr.
D. In a memorandum from Mr. Colson to
ginning on February 29, 1972, a series of
Kleindienst's nomination. His reasons in-
Mr. Haldeman dated March 30, 1972 (Ex-
three articles by Jack Anderson was published
alleging a link between the ITT-Sheraton
cluded the possibility that documents would
hibit 121, 8 SSC 3372), Colson indicated that
pledge and the antitrust settlements and
be revealed suggesting that the President
the subjects of discussion among senior
purporting to involve Messrs. Mitchell and
was involved in the ITT situation in 1971
White House aldes on that date were the
Kleindienst. (2 KCH 461-465.) Mr. Klein-
and contradicting statements made by Mr.
Kleindienst hearings, the possibility of with-
dienst immediately asked that the Senate
Mitchell under oath. (SSC Exhibit 121, 8 SSC
drawing his nomination, documents relating
Judiciary Committee hearings be reopened
3372.)
to the Senate Judiciary Committee hearings,
so that he could respond to the charges. (2
On April 4, 1972, John Mitchell returned to
and testimony by Mr. Mitchell before the
Committee. The President met with Mr.
KCH 95.)
his office after about two weeks in Florida.
Haldeman and Mr. Colson on March 30. Hal-.
At about the same time, the Securities
(Mitchell logs.) That afternoon, he met with
the President and Mr. Haldeman at the White
deman during the course of two of his meet-
and Exchange Commission (SEC) demanded
House and, according to Mr. Haldeman's
ings with the President on March 30 talked
that ITT turn over to it documents believed
by the SEC to be in the files of ITT's Wash-
testimony before the Senate Select Commit-
by telephone with Kleindienst. Items 6, 7.
8 and 9 of Part A of the schedule attached to
ington, D.C. office. The documents included
tee, they discussed the Kleindienst hearings.
several which reflected ITT contacts with the
(7 SSC 2881.) The Committee has received
the proposed subpoena request materials re-
from the President an edited transcript of
specting the March 30 conversations involv-
Administration in 1970 and 1971 in connec-
tion with attempts to settle the antitrust
the tape of this meeting.
ing the President, Haldeman and Colson
E. On April 4 and 5, 1972, the President had
cases. On March 2, 1972, the first day of the
On April 19, 1972, Ed Reinecke, Lt. Gover-
conversations with Mitchell, Haldeman and
resumed Kleindienst nomination hearings,
nor of California, testified that he had not
Colson. At about this time the President ap-
attorneys for ITT turned copies of one or
told then Attorney General Mitchell about
parently made the decision not to withdraw
more of these documents over to White
the ITT-Sheraton financial pledge until Sep-
the Kleindienst nomination. Items 10, 11 and
House aide Wallace Johnson. The following
tember, 1971. Clark MacGregor and Mr.
12 of Part A of the schedule attached to the
week, others of these documents were also
Mardian had met with Mr. Reinecke the
proposed subpoena call for materials relat-
furnished to Johnson. Later, during March
morning he testified. On April 3, 1974, Mr.
ing to these conversations.
or April, copies of the documents were pro-
Reinecke was indicted by a District of
Part B of the schedule attached to the pro-
vided by ITT to the SEC.
Columbia grand jury for perjury in connec-
During the course of the hearings, Mr.
tion with that testimony. (Indictment,
posed subpoena requests news summaries
April 3, 1974, U.S. V. Reinecke, Crim. No. 74-
submitted to the President during the period
Kleindienst on several occasions denied hav-
of the hearings on the nomination of Klein-
ing ever received any instructions from the
155.)
dienst before the Senate Judiciary Commit-
White House with respect to antitrust suits.
On April 27. 1972, the last day of the hear-
tee and the debate by the Senate-on that
(2 KCH 157; 2 KCH 191; 2 KCH 353.) On
ings, Mr. Kleindienst referred to his earlier
nomination. The summaries are compiled
Friday, March 3, 1972, Senator Kennedy asked
testimony about communications with the
from various news media and submitted to
Mr. Kleindienst about the extension of time
White House and said:
the President dally. From time to time the
to appeal the Grinnell case which had re-
"I tried to make it clear, Senator Fong,
President makes written comments and nota-
sulted from the President's April 19, 1971
that in view of the posture I put myself in.
tions on these news summaries. The Presi-
telephone call to him. Mr. Kleindienst re-
in this case, I could have had several con-
dent's copies of these summaries would be
sponded:
versations but I would have had a vivid rec-
probative of the President's knowledge or
"Senator Kennedy, I do not recollect why
ollection if someone at the White House had
lack of knowledge of the testimony during,
that extension was asked." (2 KCH 204.)
called me up and said. 'Look, Kleindienst,
and events surrounding. the hearings and
The following Tuesday, March 7, 1972, Mr.
this is the way we are going to handle that
debates on the Kliendienst nomination
Kleindienst, in a prepared statement, de-
case.' People who know me, I don't think
scribed the circumstances surrounding the
would talk to me that way, but if anybody
[Copy]
request for an extension, omitting any men-
did it would be a very sharp impact on my
BY AUTHORITY OF THE HOUSE OF REFRE-
tion of the President's order to drop the case.
mind because I believe I know how I would
SENTATIVES OF THE CONGRESS OF THE
(2 KCH 249-250.)
have responded."
UNITED STATES OF AMERICA
On March 14 and March 15, 1972. John
No such conversation occurred. (3 KCH
To Benjamin Marshall, or his duly author-
Mitchell appeared before the Senate Judici-
1682). The Committee needs to examine
ized representative:
FORD
August 22, 1974
CONGRESSIONAL RECORD-HOUSE
H 9039
You are hereby commanded to summon
telephone conversations throughout the day.
and directed by H. Res. 303, adopted Feb-
Richard M. Nixon, President of the United
The daily diaries would enable the Committee
ruary 6, 1974.
States of America, or any subordinate officer,
to ascertain whether the President met or
Herein fail not, and make return of this
official or employee with custody or control
spoke with persons likely to be involved with
summons.
of the things described in the attached
contributions by the milk producer cooper-
Witness my hand and the seal of the House'
schedule, to be and appear before the
atives during the period when the White
of Representatives of the United States, at
Committee on the Judiciary of the House of
House was considering whether to increase
the city of Washington, this 24th day of
Representatives of the United States, of
milk price supports above the level fixed by
June, 1974.
which the Hon. Peter W. Rodino, Jr. is chair-
the Secretary of Agriculture.
PETER W. RODINO, Jr., Chairman.
man, and to bring with him the things
Part B of the schedule attached to the pro-
On behalf of Richard M. Nixon President
specified in the schedule attached hereto and
posed subpoena lists tapes and other things
of the United States of America, I accept
made a part hereof, in their chamber in the
respecting the following specified presiden-
service of the original subpoens. of which
city of Washington, on or before July 2, 1974,
tial conversations:
the foregoing is a copy.
at the hour of 10:00 a.m. then and there to
(1) Between the President and John Ehr-
Dated: June 25, 1974.
produce and deliver said things to said Com-
lichman on March 19, 1971, from approx-
Received JAMES D. Sr. CLAIR.
mittee, or their duly authorized representa-
imately 8:30 a.m. to approximately 11:00
Special Counsel to the President.
tive, in connection with the Committee's
a.m.; on March 23, 1971, beginning at approx-
Schedule of Things Required To Be Produced
investigation authorized and directed by H.
imately 12:00 noon and ending at approx-
Pursuant to Subpoena of the Committee on
Res. 803, adopted February 6, 1974.
imately 1:07 p.m.; on March 25, 1971, begin-
the Judiciary
Herein fail not, and make return of this
ning at approximately 8:30 a.m.; and on
All tapes, dictabelts, other electronic and
summons.
March 25, 1971, beginning at approximately
Witness my hand and the seal of the House
mechanical recordings, transcripts, memo-
3:00 p.m.
randa, notes (including notes of H. R. Halde-
of Representatives of the United States, at
As the President's principal advisor on
man), and other writings and things relating
the city of Washington, this 24th day of
domestic affairs, Mr. Ehrlichman participated
to:
June, 1974.
in the White House review of the Secretary
(1) A conversation on September 15, 1972.
Attest:
of Agriculture's milk price support decision
among the President, H. R. Haldeman and
PETER W. RODINO, JR.,
and the President's decision to increase the
Chairman.
John Dean between approximately 6:00 and
milk price support level.
W. PAT JENNINGS,
approximately 6:13 p.m.
The Committee has received a copy of Mr.
Clerk.
(2) A conversation on September 15, 1972
Ehrlichman's office diary which indicates that
between the President and H. R. Haldeman
On behalf of Richard M. Nixon, President
Mr. Ehrlichman met with the President at
of the United States of America, I accept
between 4:43 and 5:27 p.m. (Ronald Ziegler
the times specified above during the period
service of the original subpoena, of which the
was present between 4:43 and 4:49 p.m.)
March 19, 1971-March 25, 1971.
foregoing is a copy.
Memorandum Setting Forth Facts and Bases
(2) Between the President and John B.
Dated: June 25, 1974.
Underlying Proposed Subpoena for Record-
Connally on March 22, 1971, and on March 23,
Received: James W. St. Clair.
ing of Presidential Conversations and
1971, from 5:35 p.m. to 5:38 p.m.
Special Counsel to the President.
Other Things Necessary for the Commit-
Beginning in February, 1971, AMPI rep-
Schedule of Things Required To Be Produced
resentatives communicated with Secretary
tee's Inquiry Into Alleged Abuse of IRS
Pursuant to Subpoena of the Committee
of the Treasury Connally to urge an increase
The following sets forth the facts and bases
on the Judiciary
in milk price supports. Secretary Connally
underlying the proposed subpoena dated
A. The President's daily diaries (as re-
discussed the milk price support issue with
June 24. 1974 for recordings of Presidential
flected on U.S. Government Printing Office
the President and participated in the decision
conversations and other things necessary for
Form "1969-0-332-068" or its successor
to increase the milk price support level.
the House Judiciary Committee's inquiry into
forms) for the period March 19, 1971 to
According to a White House compilation
alleged abuse of IRS.
March 25, 1971, both inclusive.
of meetings and telephone calls between the
(1) Conversation on September 15, 1972
B. All tapes, dictabelts, other electronic
President and Connally, the President met
among the President, H. R. Haldeman and
and mechanical recordings, transcripts,
or spoke with Connally on the dates and times
John Dean, from approximately 6:00 p.m. to
memoranda, notes and other writings and
indicated above.
approximately 6:13 p.m.¹
things relating to the following conversa-
(3) Between the President and Charles W.
According to an affidavit of SSC Minority
tions:
Colson on March 19, 1971; March 21, 1971;
Counsel Fred Thompson, he was informed
1. Between the President and John Ehrlich-
March 22, 1971 (four conversations);
in or about early June 1973 by J. Fred
man on March 19, 1971 from approximately
March 23, 1971; March 24, 1971 (three con-
Buzhardt, then Special Counsel for the Pres-
8:30 a.m. to approximately 11:00 a.m.; on
versations): and March 25, 1971.
ident, that during the September 15, 1972
March 23, 1971, beginning at approximately
As the White House liaison with the milk
meeting Dean reported to the President on
12:00 noon and ending at approximately
producer cooperatives, Mr. Colson communi-
the IRS investigation of Larry O'Brien. (4
1:07 p.m.; on March 25, 1971, beginning at
cated frequently with AMPI representatives
SSC 1794-96)
approximately 8:30 a.m.; and on March 25,
from 1970 through 1971 regarding political
On May 28, 1974, the Watergate Special
1971, beginning at approximately 3:00 p.m.
contributions to the President's re-election.
Prosecutor moved Judge Sirica for an order
2. Between the President and John B. Con-
Mr. Colson met with representatives of the
that the recording of this portion of the
nally on March 20, 1971; March 22, 1971; and
milk producer cooperatives during the pe-
conversation of September 15, 3972. and the
on March 23, 1971 from 5:35 p.m. to 5:38 p.m.
riod the President determined to increase the
notes of Haldeman relating thereto, be
3. Between the President and Charles W.
milk price support level.
turned over for presentation to the appro-
Colson on March 19, 1971; March 21, 1971;
According to a White House compilation of
priate grand juries, on the basis that the
March 22, 1971 (four conversations); March
meetings and telephone calls between the
recording is relevant to alleged White House
23, 1971; March 24, 1971 (three conversa-
President and Colson, Colson met or spoke
attempts to abuse and politicize the IRS. Ac-
tions); and March 25, 1971.
with the President on the dates indicated
cording to the supporting affidavit of Special
Memorandum Setting Forth Facts and Bases
above.
Prosecutor Leon Jaworski dated May 28.
Underlying Proposed Subpoena for Record-
[Copy]
1974. evidence assembled by his office sub-
ings of Presidential Conversations and
By Authority of the House of Representa-
stantistes allegations that in September 1972
Other Things Necessary for the Commit-
tives of the Congress of the United States
the White House presented lists of "enemies"
tee's Inquiry Into the 1971 Milk Price Sup-
of America
to the IRS with the direction that they be
port Decision
audited or otherwise harassed, and that in
To Benjamin Marshall, or his duly author-
August and September 1972 the White House
The following sets forth certain of the
ized representative:
unlawfully attempted to have the IRS inves-
facts and bases underlying the proposed
You are hereby commanded to summon
subpoena for materials necessary for the
tigate Larry O'Brien. After listening to the
Richard M. Nixon, President of the United
tape of the September 15, 1972 conversation.
Committee's inquiry into the President's
States of America, or any subordinate officer.
1971 decision to increase milk price supports.
Judge Sirica orally granted the motion of the
The Committee has received additional evi-
official or employee with custody or control
Special Prosecutor on June 7. 1974. On
of the things described in the attached sched-
June 12, 1974, the Court ordered that the re-
dence with respect to this matter in executive
session.
ule, to be and appear before the Committee
cording of the conversation from 6:00 p.m.
Part A of the schedule attached to the
on the Judiciary of the House of Representa-
until approximately 6:13 p.m., and the notes
proposed subpoena lists:
tives of the United States, of which the Hon.
Peter W. Rodino. Jr. is chairman. and to bring
The Committee has in its possession a
The President's daily diarles (as reflected
with him the things specified in the schedule
tape of that portion of the September 15.
on U.S. Government Printing Office Form
attached hereto and made a part hereof, in
1972 conversation among the President. Hal-
'1969-0-332-068" or its successor forms) for
their chamber in the city of Washington, on
deman and Dean which took place between
the period March 19, 1971, to March 25, 1971,
or before July 2, 1974, at the hour of 10:00
5:27 p.m. and approximately 6:00 p.m. It also
both inclusive.
A.M. then and there to produce and deliver
has in its possession a tape of a portion of
The President's daily diary is a log com-
said things to said Committee, or their duly
a conversation between the President and
piled by the Secret Service of the time and
authorized representative, in connection with
Haldeman on September 15, 1972 from ap-
duration of the President's meetings and
the Committee's investigation authorized
proximately 5:12 p.m. to 5:27 p.m.
FORD
GERALD
LIBRARY
H 9040
CONGRESSIONAL RECORD-HOUSE
August 22, 1974
taken during that conversation by H. R.
memoranda, notes and other writings and
dicted on this date and surrendered to federal
Haldeman, be made available to the Special
things relating to the following conversa-
authorities.
Prosecutor. The President, through his coun-
tions:
(3) Meeting among the President, Charles
sel, filed a notice of appeal of that order on
1. Meeting among the President, Charles
Colson and H. R. Haldeman on July 1, 1971
June 14, 1974.
Colson and H. R. Haldeman on June 23, 1971,
between 10:28 and 11:49 a m. (John Ehrlich-
Dean has testified before the SSC that
between 11:39 a.m. to 12:41 p.m.
man was present between 10:53 and 11:49
during the meeting on September 15, 1972,
2. Meeting between the President and
a.m. and Henry Kissinger was present be-
with the President and Haldeman, they dis-
Charles Colson on June 28, 1971 between
tween 11:22 and 11:24 a.m.)
cussed using the IRS to attack their ene-
6:50 and 7:25 p.m.
Colson's affidavit of April 29, 1974 filed in
mies. According to Dean's testimony, the
3. Meeting among the President, Charles
United States V. Ehrlichman states that in
President said that Democratic administra-
Colson and H. R. Haldeman on July 1, 1971
a meeting between the President, Haldeman
tions used the IRS in the past and that
between 10:28 and 11:49 a.m. (John Ehrlich-
and Colson the President issued directions
after the election they would get people who
man was present between 10:58 and 11:49
to stop security leaks at all cost. This 13
would be responsive to White House re-
a.m. and Henry Kissinger was present be-
also the day that Colson called Howard Hunt
quirements. Dean testified that at that point
tween 11:22 and 11:24 a.m.)
to discuss the Pentagon Papers and Daniel
in the discussion Haldeman started taking
4. Meetings between the President and
Ellsberg and in a memorandum forwarding
notes. (3 SSC 958; 4 SSC 1479-80, 1535) Hal-
John Ehrlichman on September 7, 1971 be-
a transcript of that conversation to Halde-
deman testified that there was discussion
tween 8:33 and 10:35 a.m.; on September 8,
man, Colson referred to a previous discussion
about the Democratic orientation of the
1971 between 3:26 and 5:10 p.m.; and on
between Haldeman and Colson.
IRS and the reluctance of the IRS to follow
September 10, 1971 between 3:03 and 3:51
(4) Meetings between the President and
up on complaints of possible violations
p.m.
John Ehrlichman on September 7, 1971 be-
against people who were supporting oppon-
5. Meeting among the President, H. R.
tween 8:33 and 10:35 a.m.; on September 8,
ents of the White House, and of cleaning
Haldeman and Charles Colson on Septem-
1971 between 3:26 and 5:10 p.m.; and on
house after the election. (7 SSC 2889)
ber 7, 1971 between 10:37 a.m. and 12:00 p.m.
September 10, 1971 between 3:03 and 3:51
In addition, other materials presented to
and telephone conversation between the
p.m.
the Committee in Executive Session further
President and Charles Colson on Septem-
According to the testimony of John
support the relevance of the recording of
ber 10, 1971 between 3:53 and 4:17 p.m.
Ehrlichman (John Ehrlichman testimony,
this conversation to the Committee's in-
6. Meeting between the President and
Grand Jury, People V. Ehrlichman, June 8,
quiry.
Henry Petersen on April 19, 1973 between
1973, 604) and his logs, these are the first
(2) Conversation on September 15, 1972,
10:12 and 11:07 a.m.
meetings between the President and Ehrlich-
between the President and H. R. Haldeman
7. Meeting between the President and
man following the Fielding break-in. On
between 4:43 and 5:27 p.m. (Ronald Ziegler
Richard Kleindienst on April 25, 1973.
September 8, Ehrlichman met with Egil
was present between 4:43 and 4:49 p.m.)
B. All memoranda, correspondence, papers
Krogh and David Young (who headed the
On September 15, 1972 the indictment of
and things prepared by, sent to, received by.
Plumbers unit) at 10:45 a.m. and later in
the seven defendants in United States V.
or at any time contained in, the files of
the day, between 3:26 and 5:10 p.m., met
Liddy, charging violations with respect to the
Charles Colson, H. R. Haldeman, John
with the President. On September 10,
break-in at the Democratic National Com-
Ehrlichman, Egil Krogh and David Young,
Ehrlichman went directly from a meeting
mittee headquarters was announced. The
to the extent that such memoranda, corre-
with the President between 3:03 and 3:51
House Judiciary Committee has previously
spondence, papers and things relate or refer
p.m. to meet with Krogh and Young. (Meet-
obtained a tape recording of the portion of
directly or indirectly to the origin or to the
ings and conversations between the President
this conversation from approximately 5:12
activities of the White House Special Inves-
and Ehrlichman, furnished by the White
to 5:27 p.m. This portion of the conversation
tigations Unit. These memoranda, corre-
House and John Ehrlichman logs).
relates to the use of the Internal Revenue
spondence, papers and things include, but
(5) Meeting among the President, H. R.
Service.
are not limited to, all handwritten notes of
Haldeman and Charles Colson on September
John Ehrlichman produced by the White
7, 1971 between 10:37 a.m. and 12:00 p.m.
By Authority of the House of Representa-
House on June 5 and June 6, 1974 pursuant
and telephone conversation between the
tives of the Congress of the United States
to an order of Judge Gerhard Gesell in
President and Charles Colson on September
of America
United States V. Ehrlichman (D.C.D.C. Cr.
10, 1971 between 3:53 and 4:17 p.m.
To Benjamin Marshall, or his duly author-
74-116).
According to the log of meetings and con-
ized representative:
C. Handwritten notes of John Ehrlichman
versations between the President and Colson,
You are hereby commanded to summon
of a meeting on July 12, 1971 among the
and Charles Colson's log, these are the first
Richard M. Nixon, President of the United
President, John Ehrlichman and Robert
meetings between the President and Colson
States of America, or any subordinate of-
Mardian.
following the Fielding break-in. The meet-
ficer, official, or employee with custody or
Memorandum Setting Forth Facts and Bases
ing on September 7, 1971 immediately fol-
control of the things described in the at-
Underlying Proposed Subpoena for Record-
lowed a meeting between the President and
tached schedule, to be and appear before
ings of Presidential Conversations and
Ehrlichman. On September 10, 1971 the Presi-
the Committee on the Judiciary of the House
Other Things Necessary for the Commit-
dent talked to Colson immediately following
of Representatives of the United States, of
tee's Inquiry Into Domestic Surveillance
the President's meeting with Ehrlichman.
which the Hon. Peter W. Rodino, Jr. is chair-
Activities
Ehrlichman met at 4:00 p.m. with Krogh and
man, and to bring with him the things speci-
fied in the schedule attached hereto and
The following sets forth the facts and
Young and Colson met with Young at 8:00
p.m.
made a part hereof, in their chamber in the
bases underlying the proposed subpoena
(6) Meeting between the President and
city of Washington, on or before July 2,
dated June 24, 1974 for recordings of Presi-
Henry Petersen on April 19, 1973 between
1974, at the hour of 10:00 A.M. then and
dential conversations and other things nec-
10:12 and 11:07 a.m.
there produce and deliver said things to
essary for the House Judiciary Committee's
said Committee, or their duly authorized
inquiry into Domestic Surveillance activities
The President, by letter of April 29, 1974,
and their aftermath.
forwarded to Judge Gerhard Gesell in United
representative, in connection with the Com-
mittee's investigation authorized and di-
Part A of the proposed subpoena regards
States V. Ehrlichman a transcript of this con-
rected by H. Res. 803, adopted February 6,
tape recordings and other materials respect-
versation between the President and Henry
1974.
ing the following specified conversations:
Petersen during which there was a discus-
Herein fail not, and make return of this
(1) Meeting among the President, Charles
sion of the Fielding break-in. In his letter
Colson and H. R. Haldeman on June 23, 1971,
the President stated that if the Judge desired
summons.
between 11:30 a.m. and 12:41 p.m.
to hear the tape itself, arrangements could
Witness my hand and the seal of the House
The President met with Colson and Halde-
be made with the President's Counsel Mate-
of Representatives of the United States, at
man from 11:39 a.m. to 12:41 p.m. Two days
rials in the possession of the Committee
the city of Washington, this 24th day of
later Colson sent to Haldeman a memoran-
indicate that the President discussed internal
June, 1974.
dum detailing the political gains to be de-
security considerations.
PETER W. RODINO, Jr.,
rived from the prosecution of Daniel Ells-
(7) Meeting between the President and
Chairman.
berg. Charles Colson submitted an affidavit
Richard Kleindienst on April 25, 1973.
Attest: W. Pat Jennings, Clerk.
in United States V. Ehrlichman (D.C. D.C.
On behalf of Richard M. Nixon, President
Richard Kleindienst has testified that he
Cr. 74-116) dated April 29, 1974 in which
of the United States of America, I accept serv-
met with the President on April 25, 1973 at
Colson stated that in meetings during this
the White House to advise the President to
ice of the original subpoena, of which the
period the President repeatedly emphasized
foregoing is a copy.
send information about the Fielding break-
the gravity of the leaks and his concern
Dated: June 25, 1974.
in to Judge Byrne in the Ellsberg case. (Rich-
about Ellsberg.
JAMES D. Sr. CLAIR,
ard Kleindienst testimony. 9 SSC 3574-75,
(2) Meeting between the President and
Special Counsel to the President.
3607). The President has stated that Klein-
Charles Colson on June 28, 1971 between
dienst came to see him and the President in-
Schedule of Things Required To Be Produced
6:50 and 7:25 p.m.
structed that the Justice Department memo-
Pursuant to Subpoena of the Judiciary
This is the first meeting between the Presi-
randa relating to the break-in be filed with
A. All tapes, dictabelts, other electronic
dent and Colson following Colson's June 25,
the Court in Los Angeles. (President Nixon's
and mechanical recordings, transcripts,
1971 memorandum. Daniel Ellsberg was in-
statement, May 22, 1973, 9 Pres. Docs. 696).
FORD
GERALD
LIBRARY
August 22, 1974
CONGRESSIONAL RECORD-HOUSE
H 9041
Part B of the subpoena requests the follow-
Additional views of Messrs. Brooks, Kasten-
sive investigations by the House Government
ing materials:
meier, Edwards, Conyers, Eilberg, Seiber-
Operations Committee, the General Account-
All memoranda, correspondence, papers
ling, Danielson, Rangel, Ms. Jordan, Ms.
ing Office, the Joint Committee on Internal
and things prepared by. sent to, received by
Holtzman, and Mr. Mezvinsky
Revenue Taxation, and the U.S. Internal
or at any time contained in the files of
On two occasions, Richard M. Nixon has
Revenue Service have concluded that many
Charles Colson, H. R. Haldeman, John
taken the oath set forth in the Constitution
of these expenditures were for Mr. Nixon's
Ehrlichman, Egil Krogh and David Young to
of the United States to which all Presidents
personal benefit and served no proper gov-
the extent that such memoranda, corre-
must swear. In that oath Richard Nixon
ernment function.
spondence, papers and things relate or refer
promised to "faithfully execute the Office of
To preciude the possibility that a President
directly or indirectly to the activities of the
the President of the United States." He
might, because of personal financial con-
White House Special Investigations Unit.
swore to "preserve, protect and defend the
siderations, either misuse the office for his
These memoranda, correspondence, papers
Constitution of the United States." He prom-
own benefit or be held hostage to a hostile
and things include, but are not limited to:
ised to "take care that the laws be faith-
Congress, the drafters of our Constitution
(1) All handwritten notes of John Ehrlich-
fully executed."
provided:
man produced by the White House on June 5
In each of these areas Richard Nixon has
"The President shall, at stated times, re-
and June 6, 1974 pursuant to an order of
violated his solemn obligation to the Ameri-
ceive for his service, a compensation, which
Judge Gerhard Gesell in United States V.
can people. The evidence is overwhelming
shall neither be increased nor diminished
Ehrlichman (D.C.D.C. Cr. 74-116).
that Richard Nixon has used the Office of
during the period for which he shall have
(2) Handwritten notes of John Ehrlichman
President to gain political advantage, to re-
been elected, and he shall not receive within
of a meeting on July 12, 1971 among the
taliate against those who disagreed with
that period any other emolument from the
President, John Ehrlichman and Robert
him, and to acquire personal wealth. To
United States or any of them."
Mardian.
achieve these objectives he chose a course
The meaning of this clause is both clear
Part B of the subpoena seeks materials in
designed to obstruct the administration of
and certain. Alexander Hamilton, writing in
the files of specified White House staff mem-
justice, to misuse the functions of agencies
the Federalist Papers No. 73, succinctly stated
bers relating to the activities of the White
of the Federal government, and to abuse the
its purpose as follows:
House Special Investigations Unit; the White
powers of his office in a manner that
"It is impossible to imagine any provision
House staff members listed in Item B were
threatened the sanctity of our democratic
which would have been more eligible than
involved in activities relating to the Special
form of government and the constitutional
this. The legislature, on the appointment of
Investigations Unit.
rights and safeguards of every American citi-
a President, is once for all to declare what
Item B refers to the handwritten notes of
zen.
shall be the compensation for his services
John Ehrlichman with respect to certain
Richard Nixon obstructed the due admin-
during the time for which he shall have
specified meetings. They were produced by
istration of justice by covering up White
been elected. This done, they will have no
the White House on June 5 and June 6, 1974,
House involvement in criminal activities. He
power to alter it, either by increase or dim-
pursuant to the Order of the Court and
attempted to prevent the Federal grand
inution, till a new period of service by a
arrangements with the White House in
juries, Federal prosecutors, the Department
new election commences. Neither the
United States V. Ehrlichman (D.C.D.C. Cr.
of Justice and the Congress of the United
Union, nor any of its members, will be at
74-116) in which Ehrlichman is charged with
States from fully investigating those criminal
liberty to give, nor will he be at liberty to
perjury and other violations in connection
activities and taking appropriate action. He
receive, any other emolument than that
with the Fielding break-in. In an affidavit
concurred in the perjury of witnesses, par-
which may have been determined by the
dated June 12, 1974, Fred Buzhardt, Counsel
ticipated in the payment of money to pur-
first act?"
to the President, acknowledged that these
chase silence, refused to produce evidence,
During his term of office, Richard Nixon
materials bore on the issues in that trial.
interfered with the Office of the Special
has received a stated compensation for his
Item C refers to handwritten notes by John
Prosecutor and discharged the Special Prose-
services as Chief Executive Officer of our
Ehrlichman of a meeting on July 12, 1971
cutor for pursuing the course of justice too
government, including a salary of $200,000
among the President, Ehrlichman and
forthrightly.
each year and an annual expense account of
Robert Mardian. Ehrlichman has requested
Richard Nixon attempted to use the In-
$50.000. Clearly. the payment of thousands
these notes in connection with the forth-
ternal Revenue Service to harass his enemies
of dollars by the Federal government for new
coming trial in United States V. Ehrlichman,
and to favor his friends. He directed the Fed-
heating systems, remodeling den windows, a
but the White House has refused to produce
eral Bureau of Investigation and the Secret
sewer line, boundary surveys. landscape
them. An index supplied by the White House
Service to engage in illegal wiretapping. He
maintenance, sprinkler systems, and a shuffle
sets forth that the subject matter on these
endeavored to use the Central Intelligence
board court constitutes additional "emolu-
notes concerns "national security wiretaps."
Agency to sidetrack the Federal Bureau of
ments."
Robert Mardian has testified that on July 12,
Investigation's investigation into the illegal
In its audit of Mr. Nixon's income tax re-
1971 the President instructed him to pick
entry of the National Headquarters of the
turns for 1969 through 1972, the Internal
up the logs and records of the 1969-71 wire-
Democratic National Committee. He author-
Revenue Service concluded that:
taps from William Sullivan of the FBI and
ized a domestic intelligence operation that
"In view of the taxpayer's relationship to
deliver those documents to John Ehrlichman.
would have suspended the constitutional
the United States Government as its Chief
(Mardian, 6 SSC 2405-08). Ehrlichman has
rights of all Americans.
Executive Officer, the above items constitute
testified that the President asked him to
Richard Nixon has continually refused to
additional compensation to him for the per-
take custody of the wiretap records (Ehrlich-
cooperate with the Congress of the United
formance of his services for the.Gorernment."
man, 6 SSC 2534).
States in the exercise of its constitutional
In addition to receiving unlawful emolu-
responsibilities. He has concealed informa-
ments while in office, Mr. Nixon has at-
SUPPLEMENTAL, ADDITIONAL, SEPARATE, DISSENT-
tion legitimately subpoenaed by the Congress
tempted to erade the payment of his lawful
ING, MINORITY, INDIVIDUAL, AND CONCURRING
and its committees. He has supplied mislead-
taxes. There is substantial evidence that
VIEWS
ing information to the Congress and the
when Mr. Nixon signed his Federal income
Concurring views of Messrs. Railsback, Fish,
American people; and he has knowingly per-
tax returns for 1969, 1970, 1971 and 1972, he
Hogan, Butler, Cohen and Froehlich
mitted his aides and appointees to testify
knowingly attested to false information in-
For reasons we articulated in debate before
erroneously and dishonestly before various
tending to defraud the American people of
the Judiciary Committee, the undersigned
congressional committees.
approximately one-half million dollars. On
voted to recommend Articles I and II to the
For these activities the House Judiciary
his tax returns for those years, he claimed
House. We agree in substance with this Re-
Committee has recommended three articles
an unlawful deduction for a charitable con-
port as it relates to those two articles. How-
of impeachment against Richard M. Nixon.
tribution of his pre-presidential papers when,
ever, lest anyone infer that we agree without
These articles are fully supported - the
in fact, no such gift had been made. He or
reservation to every point made, and given
evidence presented to the Committee. They
his agents manufactured misleading and dis-
the lack of adequate time to prepare & de-
do not, however, include all of the offenses
honest documents to support the deduction.
tailed response to such points, suffice it to
committed by Richard Nixon for which he
As a result of attesting to false information.
say that we do not necessarily agree that
might be impeached, tried and removed from
Mr. Nixon, for two consecutive years, reduced
there is clear and convincing evidence to
office.
his tax liability to less than $1,000 on income
support every conclusion contained in the
There is ample evidence that Richard Nixon
of approximately one-quarter million dollars
Report or that every fact referred to is nec-
has violated the Constitution and the laws of
& year.
essary or relevant to support such articles.
the United States in an effort to enrich
The Internal Revenue Service has also es-
ToM RAILSBACK.
himself at the cost of the American taxpayer.
tablished that Mr. Nixon unlawfully reduced
HAMILTON FISH, Jr.
Shortly after his election in 1968, Mr.
his taxes by failing to report certain income
LAWRENCE J. HOGAN.
Nixon purchased three private homes. He
from the sale of properties in California, New
M. CALDWELL BUTLER.
then prevailed upon agencies of the Federal
York and Florida. The Senate Select Com-
WILLIAM S. COHEN.
government to spend thousands of dollars
mittee has documented Mr. Nixon's failure
HAROLD V. FROEHLICH.
of public funds at those properties. Inten-
to report as income the receipt of $5,000 of
FORD
GERALD
LIBRARY
EXHIBIT C
COMMITTEE FOR PUBLIC JUSTICE
22 EAST 40th STREET
NEW YORK, NEW YORK 10016
(212) 725-1222
Commissee Members
October 2. 1974
Executive Council
Sheldon Ackley
Charles E. Goodell,
Archie Aiexander. Jr.
Chairman
William Van Alstyne
Lillian Hellman,
Hannah Arendt
Vice-Chairman
E. Clinton Bamberger, Jr.
Warren Beatty
Arthur F. Sampson, Administrator
Blaic Clark,
Derrick A. Bell, Jr.
Vice-Chairman, Treas.
Viola Bernard
General Services Administration
Thomas Brandon
Felicia Bernstein
Norman Dorsen
Leonard Bernstein
18th & F Street, N.W.
Stephen Gillers
Edward J. Bloustein
Elinor Gordon
Wiley A. Branton
Washington, D.C. 20405
John Hersey
Ralph S. Brown, Jr.
John Minsfield
Edward Burling
Arych Neier
Haywood Burns
Robert B. Silvers
Holding Carter, !!!
Martin Peretz
Ramsey Clark
Dear Mr. Sampson:
Stanley K. Sheinbaum
Mrs. Robert Clayton
Telford Taylor
Benjamin Cohen
Raymond S. Troubh
Robert Coles
Hannah Weinstein
Daniel G. Collins
Pursuant to the provisions of 5 U.S.C. Section
Jerome Wiesner
Henry Steele Cominager
Barry Commoner
Executive Director
Jack Conway
552 we respectfully request that you make avail-
Leon Friedman
Vern Countrymen
William C. Conningham,
S.J. able to us for inspection the following materials
Adrian W. De Wind
William Doering
currently under your custody and control:
Ronnie Dugger
Marian Edemin
A. Whitney Ellsworth
Jules Feltier
Mrs. Marshall Field
1. All tape recordings of conversations in the
Moe Foner
John Kenneth Galbraith
White House and Executive Office Building
Willard Gaylin
Mrs. Elinor Gimbel
("Presidential tape recordings") covered by
Milton Gordon
Albert Gore
Ernest A. Gross
your purported agreement with Richard Nixon
Ernest Gruening
of
ThomasH: Guinzburg
dated September 7, 1974 relating to the
Jose A. Gurienez
Charies Halpern
Watergate breakin, the investigation of possible
V.W. Henderson
Aileen Hernandez
criminal activities on Watergate and the coverup
Theodore M. Hesburgh, C.S.C.
Charles Hursky
of these activities. Initially we would like
Frank Jones
Kenneth Keniston
George Kitstein
access to the 98 tapes subpoenaed by the House
George B. Kistiakowsky
Donald S. Klopfer
Judiciary Committee in its impeachment inquiry
Terry Lenzner
John Lewis
and specified in the House Judiciary Committee
Duine Lockard
Ephraim London
report on Impeachment at 120 Congressional
J. Anthony Lukas
Shirley MacLaine
Burke Marshall
Record H. 9031-9041 (August 22, 1974).
Louis Martin
Anne Marundell
Jessica Mitford
Charles Morgan
2. All Presidential tape recordings relating to the
Paul Newman
Mike Nichols
misuse of government agencies (the FBI, the IRS
Eleanor Jackson Piel
Frances Fox Piven
Richard Poirier
and others). Initially we would like access to
Justine Whe Polier
Louis H. Pollak
the 49 tapes subpoenaed by the House Judiciary
David Ramage
Bernard Rapoport
Committee in its impeachment inquiry and specified
William M. Roth
Mrs. Fiona Rust
in the House Judiciary Committee report on
Carl Sapers
Andre Schiffrin
Norbert A. Schlei
Impeachment at 120 Congressional Record 9031-
Arthur Schles.neer, Jr.
Stephen Schinssberg
9041 (August 22, 1974).
John Seigenthaler
Gordon Sherman
William L. Shirer
David Shoup
It is vital for the proper functioning of our government that
Neil Simon
George Sixu
the extent of Presidential abuse of office be made known
McNall Smith
Jean Stein
Philip Stern
so that proper safeguards can be established for the future.
William Styron
James Vorenberg
The Freedom of Information Act is based on the assumption
Dorothy A. Walsworth
John William Word
that all information relating to government operation that
Grace K. Warnake
James Watson
berhuel M. Webster
the people need to perform their political functions should
Joseph Weinstein
Harris Worlord
Leonard Woodenck
C. Vann Woodward
Adam Yarmolinsky
/2
be furnished to them. We therefore request inspection of the
Presidential tapes described above, so that the people will be able
to discover if and how the highest office in the land was misused
over a five-year period.
In addition the undersigned belong to a non-profit Committee of
citizens concerned about issues of public justice and are conducting
our own inquiry into Watergate events and the abuse of Presidential
power. We feel that these materials contain information necessary
to carry out our inquiries. As journalists, historians and lawyers
the material is also necessary for our professional pursuits.
In view of the fact that the statute contemplates judicial remedies
if our request for inspection is denied, we would suggest that none
of the material requested be removed from your control pending the
initiation of judicial proceedings. We would appreciate a response
from you within the next 20 days.
Sincerely,
Hellmen (mp)
blaw Clark (mk)
Lillian Hellman
Blair Clark
Thomas Brandon
Adrian De Wind
Norman Dorsen
Leon Friedman
Stephen Gillers
John Hersey
Robert Silvers
Telford Taylor
Hannah Weinstein
LH/BC:mk
EXHIBIT D
UNITED STATES OF AMERICA
GENERAL SERVICES ADMINISTRATION
WASHINGTON, DC 20405
SERVICES
OCT 15 1974
RECEIVED
Ms. Lillian Hellman
Mr. Blair Clark
Vice-Chairmen, Executive Council
Committee for Public Justice
22 East 40th Street
New York, NY 10016
Dear Ms. Hellman and Mr. Clark:
This is in response to your letter of October 2, 1974, in which you request
access under the Freedom of Information Act, 5 U.S. C. 552, to
All tape recordings of conversations in the White
House and Executive Office Building ("Presiden-
tial tape recordings") covered by your purported
agreement with Richard Nixon dated September 7,
1974
[i] nitially
the 98 tapes subpoenaed
by the House Judiciary Committee in its impeach-
ment inquiry and specified in the House Judiciary
Committee report on Impeachment at 120 Congres-
sional Record H. 9031-9041 (August 22, 1974),
as well as access to
All Presidential tape recordings relating to the
misuse of Government agencies (the FBI, the IRS
and others)
[i] nitially
the 49 tapes
subpoenaed by the House Judiciary Committee
The position of the General Services Administration has been that the
materials you have requested are the private property of the former
President, which position was affirmed by the Attorney General of the
United States in an Opinion issued September 6, 1974 (copy enclosed).
Subsequent to a letter agreement between the former President and
Arthur F. Sampson, Administrator of General Services, dated
September 6, 1974, and September 7, 1974, respectively, a copy of
which we enclose, these materials are scheduled for deposit within FORD
General Services Administration subject to restrictions upon access.
LIBRARY
Keep Freedom in Your Future With U.S. Savings Bonds
2
These restrictions do not permit this agency to accommodate a request
such as your own without the prior written approval of the former President.
Meanwhile, the validity and implementation of this agreement are the
subject of negotiation, legislation, and litigation, delaying the actual
deposit of these materials within GSA.
In denying you access to these materials, it is the position of this agency
that: (1) this agency presently does not have the requested materials in
its possession; (2) deposited papers and other historical materials are
not "records" within the purview of the Freedom of Information Act
(5 U.S.C. 552(a)(3)), and, therefore, are not subject to its provisions;
and (3) assuming, for the sake of argument, that the deposited papers and
other historical materials are subject to the provisions of the Act, they
are exempt from disclosure under the third exception to mandatory public
disclosure, i. e.,
"
matters that are
specifically exempted from
disclosure by statute
11 (5 U.S.C. 552(b)(3)). The pertinent statute
is the Presidential Libraries Act of 1955, which provides that the Adminis-
trator of General Services may accept for deposit on behalf of the United
States papers and other historical materials which may be subject to
restrictions upon access that have been accepted by the Administrator
(44 U.S.C. 2107-2108).
You have the right to file an administrative appeal of this decision. Such
an appeal should be in writing and addressed to this office.
Sincerely,
RICHARD Q. VAWTER
Director of Information
Enclosures
FORD