PARDON OF RICHARD M. NIXON, AND RELATED MATTERS

HEARINGS BEFORE THE SUBCOMMITTEE ON CRIMINAL JUSTICE OF THE

* .' COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY-THIRD CONGRESS SECOND SESSION ON BILLS AND RESOLUTIONS THAT SEEK TO INSURE PUBLIC ACCESS TO INFORMATION RELATIVE TO WATERGATE AND ITS RELATED ACTIVITIES

SEPTEMBER 24, OCTOBER 1 AND 17, 1974

Serial No. 60

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE 44-274 WASHINGTON 1 1976 A ~ I.

IA ~

COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Oharmas HAROLD D. DONOHUE, Massachusetts EDWARD HUTCHINSON, Michigan JACK BROOKS, Texas ROBERT McCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin HENRY P. SMITH III, Now York , CHARLES W. SANDMAN, JR., New Jersey WILLIAM L. HUNGATE, Missouri TOM RAILSBACK, Illinois , JR., Michigan CHARLES E, WIGGINS, California JOSHUA EILBERG, Pennsylvania DAVID W. DENNIS, Indiana JEROME R. WALDID, California HAMILTON FISH, JR., WALTER FLOWERS, Alabama , JAMEH R. MANN, South Carolina LAWRENCE :. HOGAN, Maryland PAUL S. SARBANES, Marfland M. CALDWELL BUTLER, Virginia JOHN F. SEIBERLING, WILLIAM S. COHEN, Maine 0 GEORGE E. DANIELSON, California TRENT LOTT, Mississippi ROBERT F. DRINAN, Massachusetts HAROLD V. FROEHLICH, Wisconsin CHARLES B. RANGEL, New York CARLOS J. MOORHEAD, California , Texas JOSEPH :. MARAZITI, Now Jersey RAY THORNTON, Arkansas PAUL N. McCLOSKEY, J., California ELIZABETH IIOLTZMAN, NewYork WAYNE OWENS, Utah , Iowa JEROME M. ZEIVMAN, General Counsel GARNER J. CLINE, Associate General Counsel 1IERDERT FUcHs, counsel WILLIAM P. SHATTUCK, Counsel I. CHRISTOPkIsR NOLDE, Counsel ALAN A. PARKER, Counsel JAMNSE . FALCO, CoUnsel MAURICE A. BAR11OZA, Counsel ROBERT J. TRAINOR, Counsel ARTHURI P. ENDIWS, Jr., Counsel DANIEL L. COHEN, OounWe WILLIAM' P. DIxoN; Counsel JARED B. STAMELL, Coune FRANKLIN 0. POLK, ou1sel THOMAS E. MOONEY, OOU"sel MICHAEL W. BLOMMER, ounsel ALEXANDER B. CooK, Counsel CONSTANTINE J. GEKAS, 0OUsel ALAN F. Corrny, Jr., Counsel KENNETH N. KLEE, Counsel

SUBCOMMITTEE ON CRIMINAL JUSTICE WILLIAM L. HUNGATE, Missouri, Ohairmats ROBERT W. KASTENMEIER, Wisconsin HENRY P. SMITH III, Now York DON EDWARDS, California DAVID W. DENNIS, Indiana JAMES R. MANN, South Carolina WILEY MAYNE, Iowa , New York LAWRENCE :, HOGAN, Maryland RoaT J. TaAtNos, Oounsel THOMAS W. HUTCHISON, Counsel STEPHEN P. LYNCH, Research Assistant MICHAEL W. BLOMMER, Associate Counsel (Its .CONTENTS

on: Pag. Hearings.held September 24 1974 ...... 1 October 1,1974 ...... 61 Octq7beUA,, 1.974 ...... 87 Testimony of: Abzug, Hon. Bella S ...... 22 Bingham, Hon. Jonathan ...... 53 Prepared statement ...... -- 57 Danielson, Hon. George E ...... 63 Prepared statement ...... 79 Ford Hon. Gerald R., President of the ...... 90 Prepared statement ...... 151 Gude, Hen. Gilbert ...... 2 Koch Hon. Edward I ...... 41 Prepared statement ...... 51 McKinney, Hon. Stewart B ...... 13 Stark Hon Fortncy H ...... 81 Prepared statement ...... 84 Additional statements of: Heckler, Hon. Margaret ...... 85 Jordan, Hon. Barbara ---...... ------1 Additional material: "The Pardon of Nixon Was Timely, Legal, Jaworski Believes" article from the Wall Street Journal ...... 147 U.S. Supreme Court in Ex Parte Garland, 4 Wallace 883; U.S. Suprente Court in Burdick v. United States, 236 U.S. 79 ...... 11 Appendixes: Appendix-l: Buchen, Philip W., Counsel to the President, letter with en- closures, October 15, 1974, to Ifon. William L. Ifungate, chairman Subcommittee on Criminal Justice ------189 Hungate, I-Yon. William L chairman, Subcommittee on Criminal Justice letter dated September 17, 1974, to Hon. Leon Jaworsi ------...... 160 Ford, Hon. Gerald R., President of the United States, letters to Hon. William L. Hungate, chairman, Subcommittee on Criminal Justice: September 20, 1074 ...... 160 September 23, 1974 ...... 187 September 24, 1974 ...... September 30 1974 ------.-- 188 Hungate, Hon. William L., chairman, Subcommittee on Criminal Justice, letters to President Gorald R. Ford: September 17, 1074 ...... 159 September 17, 1974 ------189 September 18, 1974 ------160 September 25 1974 ------.... 188 October 7, 1904 ------188 Jaworski, Hon. Leon, Special Prosecutor, letter dated Septem- ber 24, 1974, to Hon. William L. Hungate, chairman, Subcom- mittee on Criminal Justice ------.------187 Press conference of President Gerald R. Ford on September 16, 1974 ------101 Press conferences of Philip W. Buchen: September 8, 1974 ------166 September 10, 1974 ...... 178 (l1I) IV Appendixes-Continued Appendix 2: Page House Concurrent Resolution 629 ...... 238 House Concurrent Resolution 630 ...... 238 House Concurrent Resolution 632 ...... 239 House Concurrent Resolution 633 ...... 240 House Concurrent Resolution 636 ...... 242 House Concurrent Resolution 043 ...... 243 House Concurrent Resolution 644------. 244 House Concurrent Rsolutioti 646- ...------246 House Joint Resolution 1118 ------21 House Joint Resolution 1121 ------213 House Joint Resolution 1126 ------215 House Joint Resolution 1130------...... -.... 217 House Joint Resolution 1139 ------219 House Joint Resolution 1142 ------...... 221 House Joint Resolution 1149 ------...... 223 House Joint Resolution 1151 ------...... 225 House Jbint Resolution 1152 ...... 226 Rouse Joint Resolution 1155 ...... 228 House Joint Resolution 1157 ------230 House Joint Resolution 1159 ...... 232 House Joint Resolution 1168...... f...... 234 H.R. 16619 ...... -...... 247 H.R. 16751 ------248 H.R. 16756 ------250 H.R. 16794 ------...... 252 HR.16798 ------254 H.R. 16816 ------t 256 H.R. 16878 ------259 House Resolution 1361 ------191 House Resolution 1363 ------193 House Resolution 1367 ------196 House Resolution 1368 ------199 House Resolution 1370 ...... 201 House Resolution 1375...... 203 House Resolution 1382 ...... 205 House Resolution 1385 ------207 House Resolution 1450 ...... 209 Appendix 3: Federalist paper No. 74 ...... 261 Annotated Constitution, excerpt ...... 262 "The Pardoning Power of the President" (ch. I) by W. H. Humbert ...... 265 PARDON OF RICHARD M. NIXON, AND RELATED MATTERS

TUESDAY, OCTOBER 1, 1974 HOUSE OF REPRESENTATIVES, SuncoMKiTirE ON CRIMINAL JUSTICE, COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to notice, at 10:15 a.m., in room 2141, Rayburn House Office Building, Hon. William L. Hungate [chairman of the subcommittee] presiding. Present: Representatives Hungate, Kastenmeier, Edwards, Holtz- man, Smith, Dennis, and Hogan. Staff present: Robert J. Trainer, counsel; Stephen P. Lynch, research assistant; and Michael W. Blommer, 'associate counsel. Mr. HUNGATE. The subcommittee will be in order. We will resume our hearings into various bills and resolutions relating to (1) the pardon of former President Richand M. Nixon; (2) the issuance of additional pardons to persons involved in Watergate related activities; (A) the ability and appropriateness of the Watergate Special Prosecu- tion Force to make public the information it has compiled relating to the alleged criminal conduct of former President Richard M. Nixon: and (4) the public disclosure of all Watergate related documents and tapes which were in the custody of the United States between Jan- uary 20,1969, and August 9,1974. Primarily the hearing today will be addressed to the second, third, and fourth points. The Chair would announce that the President has indicated his desire to appear before the subcommittee in response to the two privi- leged resolutions of inquiry at a time mutually convenient to the Chief Executive and to the committee. I would say that I express the appre- ciation of the committee for the President's desire to take this action personally. I think again, it's consistent with the frankness and open- ness he regularly displayed as a Member of the House. The time of the meeting will be worked out after a meeting of the subcommittee members in conjunction with the officials at the White House. At this time, if there is no objection, I will insert into the record a statement submitted to the subcommittee by our colleague, Congresswoman Jordan. [The prepared statement of Hon. Barbara Jordan follows:]

STATEMENT OF HON. BARBARA JORDAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS

SPECIAL PROSECUTOR'S RELEASE OF INFORMATION TO THE PUBLI Mr. Chairman, members of the Subcommittee, as members of the House Com- mittee on the Judiciary, we have weathered a storm which swept a President out of office. When our Constitution was tested, we did not succumb, we did not for- (61) 44-274---75-5 62

sake it, we did not abandon our oaths. The question before us today is whether or not a President can resign knowing the injustices he committed while in of- fice, will never be publicly scrutinized. I believe the American people have an absolute right to know whether, during his tenure, a President acted legally or illegally in executing his duties. No circumstance I can imagine should com- promise that axiom; not resignation, not. death, not assassination, nothing. When the House Judiciary Committee began reviewing the plethora of infor- mation assembled by its inquiry staff, it soon found It difficult to withhold information from the public. Concerned with the rights of defendants, and due process for the President, the Committee released all -the information in its possession which would not degrade or defame. Through the summer months the Committee released over 13,000 pages of information. The public had trouble digesting it all. Did the release of the information prejudice any trials? I think not. Did the release of the information prejudice the President's case? Members of the 'resident's party fully supported the Committee's action. I would suggest the Special Prosecutor follow the example of the House Judiciary Committee and release the information at his disposal bearing upon the President's conduct in office. The Special Prosecutor has in his possession tapes, documents and other memo- randa not scrutinized by the House Judiciary Committee. Of the tapes sub- peonaed by the Committee, sixty-three were not supplied. The Special Prosecutor secured possession of the tapes as the result of a Supreme Court decision to which the Committee was not a party. These tapes and documents contain Information concerning the President's involvement, and the alleged culpability of his former aides, in covering up the Watergate break-in and its aftermath. In addition, the Special Prosecutor has in his possession information gleaned from his investigations of possible destruction of evidence, income tax evasion, and appropriation of campaign funds for his own personal use. While these in- vestigations had not been completed prior to the time President Ford pardoned former President Nixon, the investigation into the possible involvement of other individuals is continuing. To a certain extent, release of some or all of the Information in the Special Prosecutor's possession is a matter of timing. Some may emerge during the up- coming trials. Some may be released with the handing down of new Indictments. During the normal workings of the Judicial process, some of this Information will emerge. But we must go beyond that. We must provide a means whereby the American people, within the limits of due process, can be privy to the actions their President implemented while in office. None of the bills before the Subcommittee require the Special Prosecutor to divulge information which would Jeopardize the rights of defendants or com- promise the government's case. We should not consider for a moment, trading rights of due process for the public's right to know. And yet I cannot help but believe that between the two, lies a vast middle ground. The information in the Special Prosecutor's possession can be classified into two categories: inculpatory and exculpatory. Within our normal Judicial proc- esses, government prosecutors divulge that information which is inculpatory- that information which will prove their case. Prosecutors are not generally required to defend their belief, as a result of -their investigation, there is no sub- stantiating evidence to believe, with probable cause, a crime has been cQmmitted. Prosecutors are not required to defend negative findings. Should the Special Pros- ecutor be required, by legislation, to divulge information which he believes does not inculpate the former President in any criminal act? Because the question of probable cause is open to judgment, U.S. Attorneys are normally given wide latitude to decide whether to bring an indictment, Assume, for example, the Special Prosecutor thought the information available to him did not substantiate an allegation that the President willfully and knowingly submitted false tax returns. Should the Special Prosecutor be required, never- theless, to support his judgment after having been required to divulge the Infor- mation upon which he based his opinion? I know this Subcommittee will con- sider this issue carefully before reporting a bill to the full Committee. Mr. HUNGATE. At this time I would also include Chapter I of The PardoningPower of the Pre8ident by W. H. Humbert. This work has been most helpful to the Subcommittee and its staff in their prepara- tion for these hearings. (See p. 265 for Chapter I.) Mr. Smith