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UME Nt H EA RIN G SUBCOMMITTEE on CRIMINAL AUTHORITY TO ISSUE FINAL REPORT GOVERN MEN BY SPECIAL PROSECUTOR Storage n > U M E nt o AUG9 ,975 H E A R IN G i "'H E L I B R A R Y B E FO R E T H E Ka n s a s s ta te u n iv e r s it y SUBCOMMITTEE ON CRIM INAL JUSTICE OF T H E COMMITTEE ON TH E JUD ICIARY HOUSE OF REP RESEN TATIV ES NINETY -FOU KTI I CONGRESS FIR ST SE SS IO N ON TO PR OVID E TH E O FFIC E OF TH E W ATE RG ATE SP ECIA L PR OS EC UT IO N FO RC E W IT H THE AUTHORIT Y TO IS SU E A FU LL AN D CO MPL ET E FINAL REPO RT ON IT S IN VEST IG A­ TION IN TO WAT ER GA TE AN D REL ATE D MAT TE RS JANU AR Y 30, 1075 Serial No. 9 P ri nte d for th e use of th e Com mitt ee on th e Ju dic ia ry U.S. GOVER NM ENT PR IN T IN G O FFIC E 52-901 W ASH IN GTO N : 1975 h. V I", *5 ■*- COMMITTEE ON THE JUDICIARY PE T E R W. R OD INO, J r., New Jersey, Chairman JA CK BRO OK S, Texas EDWA RD HU TC HI NS ON , Michigan RO BER T W. K AST EN M EI ER , Wisconsin RO BER T MCCLORY, Illinois DON EDWA RDS, California TOM RA ILSBAC K, Illinois WILL IAM L. H UNGATE , Missouri CH AR LE S E. WI GG INS , California JO HN CO NY ER S, J r., Michigan HA MILT ON FISH , J r., New York JOSHUA EIL BERG, Pennsylvania M. CALDW ELL BUTLER , Virginia WAL TE R FLOW ERS, A labama WILLIAM S. CO HE N, Maine JAMES R. MAN N, South Carolina CARLOS J. MO OR HE AD , California PA UL S. S AR BA NE S, Maryland JO HN M. A Sn BR OOK, Ohio JO HN F. SE IB ERLIN G, Ohio H EN RY J. HYDE, Illinois GEO RG E E. DA NI EL SO N, California THOM AS N. KIND NE SS , Ohio RO BER T F. DRI NAN, Massachusetts BA RB AR A JOR DA N, Texas RA Y TH ORN TO N, Arkansas EL IZAB ET H HOL TZM AN, Now York EDWA RD ME ZVINSKY, Iowa HE RM AN BA DILL O, New York ROMANO L. MAZZOLI, Kentu cky EDWA RD W. PAT TISO N, New York CHRIS TOPH ER J. D OD D, Connecticut WILLIAM J . HU GHES , New Jersey MA RT IN A. RUSSO , Illinois E arl C. D udley, Jr., General C ounsel Garner J. C lin e , St aff Director H erbert F uchs, Counsel William P. S hattuck, Counsel , Alan A. P arker , Counsel J ames F. F alco, Counsel Maurice A. B arboza, Counsel T homas W. H utchison, Counsel Arthur P. E nder s , Jr. , Counsel Daniel L. C ohen , Counsel F ranklin G. P olk, Counsel T homas E . M ooney , Counsel Michael W. Blommer , Counsel Alexander B. C ook, Counsel Constantine J. G ekas , Counsel Alan F . C offe y , Jr., Counsel Kenneth N. K le e , Counsel Subcommittee on C rim inal J ustice WILLIAM L. H UNGATE , Missouri, Chairman JAMES R. MAN N, South Carolina CH ARL ES E . WIGGINS , California RAY TH ORNTON, Arkansas H EN RY J. HYDE, Illinois EL IZAB ET H HOLTZM AN, New York MA RT IN A. RUS SO, Illinois T homas W. H utchison, Counsel R obert J. T rainor , Counsel Steph en P. L ynch, Research Assist an t M ichael W. Blommer, Associate Counsel In) C O N T E N T S Witnesses— Page Henry Ruth, Special Prosecutor, Watergate Special Prosecution Force, 2 Leon Jaworski, Former Special Prosecutor, Watergate Special Prose­ cution Force______________________________________________ 2 Prof. James Vorenberg, Assistant to the Special Prosecutor, Water­ gate Special Prosecution Force_______________________________ 2 Peter Kreindler, Counsel to the Special Prosecutor, Watergate Special Prosecution Force__________________________________________ 2 (in) AUTHORITY TO ISSUE FINAL REPORT BY SPECIAL PROSECUTOR TH U R SD A Y , JA N U A R Y 30 , 19 75 H ouse of R e pr e se n t a t iv e s , S u bcom m it tee on C rim in al J ust ic e of th e C om m it tee on th e J u d ic ia ry , Washington, D.C. The subcommittee met, pursuant to notice, at 9:40 a.m., in room 2141, Rayburn House Office Building, Hon. William L. Hungate [chairman of the subcommittee] presiding. Present: Representatives Hungate, Mann, Thornton, Iloltzman, Hyde, and Hutchinson [ranking minority member of the full com­ mittee]. Also present: Robert J. Trainor, counsel; Stephen P. Lynch, re­ search assistant; Constantine J. Gekas, associate counsel. Mr. H ungate. The subcommittee will be in order. We welcome today Mr. Henry Ruth, the Special Prosecutor, Leon Jaworski, the former Special Prosecutor, and Prof. James Vorenberg, Assistant to the Special Prosecutor. Today, the Subcommittee on Criminal Justice of the Judiciary Committee is considering legislation seeking to provide the Office of the Watergate Special Prosecution Force with the authority to issue a full and complete final report on its investigation into Watergate and related matters. Much of the legislation concerning this issue was initially introduced in the House and referred to this subcommittee in the 93d Congress following President Ford’s pardon of former President Nixon. Several of the sponsors of these proposals appeared before the sub­ committee during the previous session of Congress. They were unani­ mous in stating that their overriding purpose in introducing legislation on this issue was to insure tha t a complete record of Watergate and its related events is made public. This committee, along with other congressional committees, has issued volumes of testimony, documents and reports on the subject of Watergate. The most recent Watergate trial did much to chronicle the events leading to the break-in and its coverup. While this information has substantially added to the public’s understanding of Watergate, many continue to question whether the full and complete story of Watergate and related events has been publicly recorded. Many of these are hoping that the final report to be issued by the Special Prosecutor, as required by Department of Justice Order 551-73, will detail the full and complete story of Watergate and other investigations undertaken by the Special Prosecutor’s office. (1) 2 Questions have developed concern ing the prese nt au thor ity of the Office of the W ate rgate Special Prosecu tion Force to pre pare and issue suc h a tho rou gh rep ort. In addition , the sub comm itte e has heard tes tim on y expressing concern over the possible violation s of due process should such a r ep ort be pub lish ed. In ord er to confr ont these pro blems directly, the sub com mittee has inv ited Special Prosecuto r He nry Ruth, former Special Prosecu tor L eon J aworski, and As sis tan t to the Special Prosecu tor Jame s Vorenbe rg to offer tes tim ony on these issues. I wan t to welcome these three distinguished attorney s a nd tha nk them for their willingness to assist th e subcom mittee in its consideratio n of this im po rtan t matter. These distinguished public servan ts and the office they rep res ent have performed the ir sensitive d uties w ith diligence and fairness. Because of this, a lam entab le ch ap ter in our Nat io n’s his tor y has at the same time demon str ated the str en gth and viability of our ins tituti ons. Sha kespeare, in “K ing Lea r,” counsels us as to the danger of “ und ivulged crimes unw hipped of justice.” The Special Pr osecutor’s final rep ort, whe n filed, may or may no t divulge any new crim es, bu t as long as tlie real victims of W ate rgate— the Americ an people— do no t hav e all the available facts, it will be justice which has been whipped. That was no t the intention of Congress in estab lishin g the Special Prosecutor’s office. The Congress may be a bea st, as has been said, bu t it is a ju st beast. We welcome you , gentlemen, and you ma y proceed as you.see fit. Mr. Hu tch ins on, do you care to make any opening s tatemen t? Mr. H utc hin son . N o, Mr. Chairma n. Mr. II ung ate . Well, the n proceed, Mr. Ru th. TESTIMONY OF HE NR Y RUTH, SPECIA L PROSECUTOR, WA TERGATE SPECIAL PROSECUTION FORCE, ACCOMPANIED BY LEON JAWO R­ SKI, FORMER WA TERGATE SPECIAL PROSECUTOR; PROF. JAM ES VORENBERG, ASSISTANT TO TH E SPECIAL PROSECUTOR; AND PE TE R KR EIND LE R, COUNSEL Mr. R ut h . Mr. Chairma n, I appre cia te the op po rtu nity to appear before this subcom mittee to present my views on proposed legislation th at would req uir e the Special Prosecutor to issue a detailed eviden­ tia ry r ep ort on former Presi dent Ri ch ard Nixon’s inv olv em ent in any offense again st the Un ited State s.
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