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Contents (Click on index item to locate) Subject Page HEARING DAYS Friday July 12 1974 1 Monday July 15 1974 183 Tuesday July 16 1974 399 Wednesday July 17 1974 559 LIST OF WITNESSES Friday July 12 1974: Henry E Petersen, Assistant Attorney General Department of Justice 1 Monday July 15 1974: Charles W Colson, former special counsel to the President 183 Tuesday July 16 1974: Charles W.Colson, resumed 400 Herbert W Kalmbach, former personal attorney to the President 528 Wednesday July 17 1974: Herbert W. Kalmbach resumed 559 EXHIBITS AND MATERIAL SUBMITTED FOR THE RECORD Exhibits to Henry Petersen testimony: 1. Memorandum from Richard Helms to the Attoreny General October 24 1972 5 2. Memorandum from John Warner to Henry Petersen, December 21 1972 48 3. Memorandum from CIA files, January 3 1973 72 4. Henry Petersen notes, April 16, 16 and 17 1973 88 5. Letter from Henry Petersen to Hon. Wright Patman, September 29 1972 and letter from Representative Garry Brown to Richard Kleindienst September 8 1972 168 Exhibits to Charles Colson testimony: 1. Memorandum fromn Charles Colson to H.R. Haldeman June 25 1971 187 2. Memorandum from Charles Colson to H.R. Haldeman June 25 1971 200 3. Memorandum from Howard Hunt to Charles Colson July 28 1971 208 4. Memorandum from Egil Krogh and David Young to Charles olson August 3 1971 211 5. Memorandum from Egil Krogh and David Young to John Ehrlichman August 19 1971 214 6. Memorandum from John Ehrlichman to Charles Colson August 24 1971 215 7. Memorandum from David Young to John Ehrlichman Auguast 26 1971 225 8. Memorandum from John Ehrlichman to Charles Colson August 27 1971 232 9. Charles Colson memorandum for the file, June 20 1972 246 10.Letter from Howard Hunt to Charles Colson August 9 1972 272 10a. Memorandum from Charles Colson to John Dean August 11 1972 274 11. Joan Hall stenographic and transcribed notes of dictated message from Howard Hunt 276 - . TES,TIMONY O:F WITNES,SES, HEARIN GS BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY THIRD CONGRESS SECOND SESSION PURSUANT TO H. Res. 803 A RESOLUTION AUTI IORIZING AND DIRECTING THE COMMITTEE ON THE JUDICIARY TO INVESTIGATE WHETHER StJFFICIENT GROUNDS EXIST FOR THE HOUSE OF REPRESENTATIVES TO EXERCISE ITS CONSTITUTIONAL PO\VER TO IMPEACH RICHARD M. N IXON PRESIDENT Ok' THE UNITED STATES OF AMERICA BOOK III HENRY E. PETl>tRSEN, CHARLES W. (,OI,SON~ AND HERBERT W. KALMBACII JULY 12, 15, 16. 17, l9T4 IJ.S. GOVERNMENT PRINTING OFFICE 36-166 O WASHINGTON: 1974 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price S5.00 Stock Number 5270-02437 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman HAROLD D. DONOHUE, Massachusetts JACK BROOKS, Texas ROBERT W. KASTENMEIER, Wisconsin DON EDWARDS, California WILLIAM L. HUNGATE, Missouri JOHN CONYERS, JR., Michigan JOSHUA EILBERG, Pennsylvania JEROME R. WALDIE, California WALTER FLOWERS, Alabama JAMES R. MANN, South Carolina PAUL S. SARBANES. Maryland JOHN F. SEIBERLING, Ohio GEORGE E. DANIELSON, California ROBERT F. DRINAN, Massachusetts CHARLES B. RANGEL, New York BARBARA JORDAN, Texas RAY THORNTON, Arkansas ELIZABETH HOLTZMAN, New York WAYNE OWENS, Utah EDWARD MEZVINSKY, Iowa EDWARD EUTCHINSON, Michigan ROBERT McCLORY, Illinois HENRY P. SMITH III, New York CHARLES W. SANDMAN, JR., New Jersey TOM RAILSBACK, Illinois CHARLES E. WIGGINS, California DAVID W. DENNIS, Indiana HAMILTON FISH, JR., New York WILEY MAYNE, Iowa LAWRENCE J. HOGAN, Maryland M. CALDWELL BUTLER, Virginia WILLIAM S. COHEN, Maine TRENT LOTT, Mississippi HAROLD V. FROEIII,ICH, Wisconsin CARLOS J. MOORHEAD, California JOSEPH J. MARAZITI, New Jersey DEI,BERT L. LATTA, Ohio JEROME M. ZEIFMAN, general Counsel GARNER J. CLINE, Associate General Counsel ALAN A. PARKER, Counsel DANIEL L. COHEN, Counsel WILLIAM P. DIXON, Counsel ARDEN B. SCHELL, Assistant Counsel FRANKLIN G. POLK, Associate Counsel THOMAS E. MooNEr, Associate Counsel MICHAEL W. BLOMMER, Associate Counsel IMPEACHMENT INQUIRY STAFF JOHN DOAR, Special Counsel ALBERT E. JENNER, Jr., Special Counsel to the Minority JosErH A. WOODS, Jr., Senior Associate Special Counsel RICHARD CATES, Senior Associate Speciol Counsel BERNARD W. NUSSBAUM, Senior Associate Special Counsel ROBERT D. SACK, Senior Associate Special Counsel ROBERT A. SIIELTON, Associate Special Counsel SAMUEL GARRISON 111, Deputy Minority Counsel FRED H. ALTSHULER, Counsel THOMAS BELL, Counsel W. PAUL BISHOP, Counsel ROBERT L. BROWN, Counsel MleHAEL M. CONWAY, Counsel RUFUS WORMIER, Special Assistant E. LEE DALE, Counsel JOHN B. DAVIDSON, Counsel EVAN A. DAVIS, Counsel CONSTANTINE J. GERAS, Counsel RICHARD H. GILL, Counsel DAGMAR HAMILTON, Counsel DAVID HANES, Special Assistant JOHN E. KENNAHAN, Counsel TERRY R. KIRKPATRICK, Counsel JOHN R. LABOVITZ, Counsel LAWRENCE LUCCHINO, Counsel R. L. SMITH MCKEITHEN, Counsel ( II) ALAN MARER, Counsel ROBERT P. MURPHY, Counsel JAMES B. F. OLIPHANT, Counsel RICHARD H. PORTER, Counsel GEORGE RAYRORN, Counsel JAMES REUM, Counsel HILLARY D. RODHAM, Counsel STEPHEN A. SHARP, Counsel JARED STAMELL, Counsel ROSCOE B. STAREK III, Counsel GARY W. SUTTON, Counsel EDWARD S. SZUE;ELEWICZ, Counsel THEODORE TETZLAFF, Counsel ROBERT J. TRAINOR, Counsel J. STEPHEN WALKER, Counsel BEN A. WALLIS, Jr., Counsel WILLIAM WELD, Counsel WILLIAM A. WHITE, Counsel IMPEACHMENT INQUIRY I; RIDAY, JULY 12, 1974 HOI SE OF REPRESENTATIVES, COMMITTEE ON THE JtTDICIARY, Washington, D.C. The committee met, pursuant to notice, at 10:25 a.m., in room 2141, Rayburn House Office B gilding, the Hon. Peter W. Rodino, Jr. (chairman) presiding. Present: Representatives Rodino (presiding), Donohue, Brooks, Kastenmeier, Edwards, Hungate Conyers, Eilberg, Waldie, Flowers, Mann. Sarbanes, Seiberling. Danielson, Drinan, Rangel, Jordan, Thornton, Holtzman, Owens, Mezvinsky, Hutchinson, McClory, Smith, Sandman, Railsbackt Wiggins, Dennis, Fish Mayne, Hogan. Butler, Cohen, Lott, Froelulich, Moorhead Maraziti and Latta. Impeachment Inquiry staS present: John Doar, special counsel; Albert E. Jelmer, Jr., minority counsel; Samuel Garrison III, deputy minority counsel; and Bernard Nussbaum, counsel; Evan Davis, counsel; Richard Gill, counsel; Michael Conway, counsel; and Gary Sutton, counsel. Committee staS present: Jerome M. Zeifman, general counsel; Garller J. Kline, associate general counsel; Alan A. Parker counsel; Daniel L. Collen, counsel; William P. Dixon, counsel; Arden B. Schell, counsel; Franklin G. Polk, associate counsel; Thomas E. Mooney, associate counsel; Michael W. Blommer, associate counsel. Also present: James D. St. Claire special counsel to the President; John A. McCahill, assistant special counsel; and Malcolm J. Howard, assistant special counsel. The CIIAIRM1rN. Tile committee will come to order. Mr. Petersen, will you please stand ? Mr. Petersen, you have the right to remain silent and not to provide any testimony or information which may tend to incriminate you, but if you do testify, anything you say here may be used against you in any other legal proceeding. You have the right of course, to consult with an attorney prior to answering any question or questions. Counsel may accompany you for the purpose of advising you of your constitutional rights. You have been provided, I understand, with a copy of the Rules of the Ilouse and the rules of the committee. Will you please raise your right hand ? Do you solemnly swear that testimony you are about to give before this committee will be the truth, the whole truth, and nothing but the truth, so help you God ? Mr. PETERSEN. I do. The CTIAIRM SN. Will you please state your name and will you please identify your associates ? 2 Mr. PETERSEN. MY name is Henry Petersen, I am Assistant Attorney General, Criminal Division IJ.S. Department of Justice. I have here Philip White who is not here as a testimonial witness but as an associate who has helped me to keep track of al] the paraphernalia related to this matter. He is a long time friend, a long time associate, a very valuable aid. + The CHAIRMAN. Mr. Doar. TESTIMONY OF HE1!1RY PETERSEN, ASSISTANT ATTORNEY GEN ERAI:, CRIMINAL DIVISION, U.S. DEPARTMENT OF JUSTICE, AC COMPANIED BY PHILIP T. WHITE Mr. committee briefly something about your professional baekgrolllld ? Mr. PETERSEN. Yes sir. I attended Georgetown University and Columblls School of Law in A\rashingt Otl, I ).C. I attended law school while I was employed Wit}l the Federal Bureau of Investigation, having started there in 1!)47. When I finislled law school I transferred to the I)epartment of Justice as a law clerk, took the bar in Jllne 1951^ was admitted to the bar in November of that vear. Approximately in I)ecemberb I transferred to the Criminal l)ivision of the DepaTtment of Justice, where I have been employed ever since. Mr. DOZER. Could YOU brieflv indicate some of the positions that you have held in the Criminal Division of the I)epartment of Justice? Mr. PET10>RSEN. Staff attorney in the Criminal Division until npproxirllately 19.)8^ -svhen I avas given a supervisory position as Deputy Chief of the. Organized prime Section. I served in that position until 1966, when I xvas made Chief of the Organized Crime Section. From 1966 until 196'3,1 occupied that position and in 1969, I xvas promoted to l)eplltv Assistant Attornev General of the Criminal I)ivision. I occupied that position until October of 1971, when I became Acting Assistant Xttornev (general of the Criminal Division upon the resignation of the Assistant Attorney General. I was appointed Assistant Attorney General, a recess appointment, in January of 1972 and confirmed for that position in February of 1972. I have occupied that position ever since. Mr. DOAR. As the head of the Criminal Division at the Department of Justice, how many attorneys do vou supervise ? Mr. PETERSEN-. There are approximately 400 and—well there are approximately 400 authorized and there are on board about 36.~~, 370 lawyers. Mr. DOAR. Do vou also oversee the criminal work of the US.
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