19556 CONGRESSIONAL RECORD-SENATE June 2, 1972 press, the right to lawfully assemble. The Our. society leans over backward in an to speak out in a positive manner. By our most important of these-the right to apparent effort not to influence and dis silence we grant approval to the mis vote-has now been extended to all above cipline our young people toward our guided few. the age of 18. ideals and hopes, lest we spoil their per Let us remember the tremendous job Those who prefer disruptive demon sonalities. How alienated and unloved our police officers are doing in handling strations to constructive debate and the many of them must feel. unlawful and destructive demonstrators. enlightened vote are ignoring the greatest Law and order is everybody's business I applaud the fact that the police are opportunity afforded them to bring about and should be everybody's active concern. again being allowed more latitude to do lawful change. The liberal press and some of the com their job and to meet force with reason It is time for all of 1:S to take a really mentators ridicule those who speak of able force where necessary to preserve hard look at America. We have never law and order as "ultra-conservative" order. cradled a more permissive society than and "far right." Most Americans, I believe, are ready we do today. Parental, educational, and Hogwash. to stand up and demand that law and religious guidance and governmental en order be preserved. Their patience is forcement have all permitted and en The history of mankind proves that wearing thin. It would behoove those who couraged the individual to do his own when law and order no longer prevail, a would participate in unlawful demon thing, even to the extent of participating nation drops to its knees with impotence, strations to engage in some rethinking in civil disorders, invasion of others' unable to govern itself any longer. and turn their attention toward voter rights, and of selecting laws which he It is not enough to believe in law and registration and the ballot as a means will or will not obey. order. Each of us must make the effort of bringing about progressive change.
SENATE-Friday, June 2, 1972 The Senate met in executive session at The ACTING PRESIDENT pro tem- tinguished Senator from West Virginia 12 noon and was called to order by Hon. pore. Under the order of yesterday, the to enjoin preparation for the outcome of "concrete sponsible cooperat ion of the Congress, I will the Department from further attempts results," which flowed from the talks and take all necessary steps to main ta!n ill our to obtain the confidential personal rec agreements. These were not the result of future defense programs. ords of a group of schoolchildren. caprice nor of premature desire to arrive These children are students in the spe Mr. President, it would be well that at some agreement which would glitter we ponder on why it was possible to have cial education programs of the city of on the surface but which would not have Portsmouth, Va. Portsmouth operates reached this high a.nd promising point a solid foundation. The President truly in our world history. five such special schools: One for the stated that since early in his administra emotionally disturbed, three for children Certainly, there must be foundations tion it was his objective that the prospect previously built to attain this result. And who are classified as slow learners, and of concrete results, not atmospherics, there were. one for the physically handicapped. would be his criterion for meeting at the The Department of Health, Education, The preparation of the past 3 years to highest level. The result was a "working which the Chief Executive referred in his and Welfare has alleged that these pro summit" and a fruitful one. grams are racially discriminatory in that remarks is a large factor, without doubt. A second feature was the President's But the President truly and appredative they contain too high a percentage of assurance that present and planned U.S. black children. This allegation was made ly credits Congress with another indis strategic forces are without question pensable and extensive element. He does by the head of HEW's Region III Office of sufficient for the maintenance of our Civil Rights, Dr. Eloise Severinson. so with these words: vital interests. Already there has been Our successes in the strategic arms talks, I have commented several times in the talk of numbers of missiles, and of dif past on Dr. Severinson's deliberate cam and in the Berlin negotiations, which opened ferent types of weaponry. Already there the road to Moscow, came about because over paign of harassment against Virginia's have been those far too ready to express the past three years we have consistently secondary school systems. misgivings and doubt and suspicion with refused proposals for unilaterally abandon The city of Portsmouth offered HEW out having had the benefit of a full ex ing the ABM, unilaterally pulling back our data on the racial composition of the planation and a complete disclosure of forces from Europe, and drast ically cutting schools and the testing procedures uti all the reasoning that went behind the the defense budget. The Congress deserves lized as long as the names of the chil type of agreement with regard to stra the appreciation of the American people for dren' were not included. The city also of having the courage to vote such proposals tegic forces. The President declared that down and to maintain the strength America fered to furnish a sample cross section of he has studied the strategic balance in needs to protect its interests. the records of children whose parents great detail with his senior advisers for consented to the release of this sensitive more than 3 years. This Senator is will Mr. President, there may soon be ad information. ing to extend every fair intendment to ditional occasions for Congress to act on HEW refused each of these offers and his competence, to his judgment, and to some of these propositions. It is indi remained adamant in its demand for the his determination that the only national cated that votes may be called for at full files. defense posture which can ever be ac an early date on unilaterally pulling I corresponded with Secretary Rich ceptable to the United States is one in back our forces from Europe; drastical ardson on this subject and received an which no nation will be stronger than ly cutting our defense budget; and per unsatisfactory reply. He stated to me the United States of America. haps unilateral abandonment of the that HEW did not desire to utilize the And a third feature which was particu ABM. confidential material in the records, but larly impressive and should be accorded It is my earnest hope that any wiio that his Department still required the great credit is his willingness and desire contemplate offering such proposals will submission of the material. that Congress-the elected representa "carefully read and study the President's The citizens' suit against HEW is to tives of the people-share in this effort to address of last night. It is my hope that test a citizen's right to privacy from the bring about a world in which all nations they thoughtfully and studiously con prying eyes of the Federal bureaucracy. can enjoy peace. And so he declared his sider the large and historic sweep of the Within recent months public officials intention to submit for the concurrence world events of the past 2 weeks. It is in the counties of Accomack, Albemarle, of both House and Senate the agreement my further earnest hope that the judg Nansemond, Charlotte, Campbell, Isle limiting offensive weapons and other sub of Wight, and Amherst and in the cities ment and the firm hand of past con of Norfolk, Chesapeake, Portsmouth, and jects raised by the agreements; and, of gressional positions once again prevail Franklin have issued complaints of har course, by force of the Constitution, the in these regards. assment by HEW. Senate will be called to advise and con This is one of the ways in which Mem Now the citizens themselves are be sent to ratification of the ABM treaty. bers of this body can share in the event. coming aroused-and are going to court It is noteworthy that the President It is one of the ways we can show in against HEW. does not report these events of the past our "actions what we know in our Secretary Richardson would be well 2 weeks as bringing instant peace, but hearts--that we believe in America." advised to get his Department under con only for what it truly is: The beginning And that we recognize and follow a trol, to knock heads together, and to .of a process that can lead to a lasting national leadership that stands preemi demand that these harassments end. peace. nent in the annals of our Nation. 19558 CONGRESSIONAL RECORD-SENATE June 2, 1972 THE PRESIDENT'S REPORT TO CON grams in the coming year-a 15-percent The ACTING PRESIDENT pro tem GRESS AND THE NATION ON THE increase over this year's level. If we are pore. The clerk will call the roll. MOSCOW SUMMIT in a new era, Mr. Nixon says, if the The second assistant legislative clerk SALT agreements are to curb the arms proceeded to call the roll. Mr· STEVENSON. Mr. President, last race, the administration's request can Mr. ROBERT C. BYRD. Mr. President, night the President reported to the Con not stand. If we are embarked on a ven I ask unanimous consent that the order gress and the Nation that the Moscow ture aimed at "reducing the causes of for the quorum call be rescinded. summit culminated in agreements which fear," we cannot increase spending on The ACTING PRESIDENT pro tem usher in a new era of restraint and sta the very weapons which create that fear. pore. Without objection, it i;> so ordered. bility. The President lost n0-time in appear I believe that the ABM treaty and the ing before the Congress to review the offensive missile agreement do indeed agreements reached at the summit. I ORDER FOR RECOGNITION OF SEN put us at the threshold of a new era, hope he will lose no time to present the ATOR ROBERT C. BYRD ON MON and for that the President deserves our Congress with revised and scaled down DAY, JUNE 5, 1972 gratitude. Whether we cross that thresh budget requests for strategic programs. Mr. ROBERT C. BYRD. Mr. President, old, however, depends on choices yet I ask unanimous consent that on Mon to be made by the President and by day next, following the recognition of the Congress. DR. JEROME H. HOLLAND CHOSEN the two leaders, as in legislative session, For over two decades the Soviet Union TO BE FIRST BLACK DIRECTOR the junior Senator from West Virginia and the United States have in the name OF NEW YORK STOCK EXCHANGE of national security engaged in a fren Titanic. In general copilot's seat, his port wing tip missed the and minister. then, although her hull and engines are the island by a very few feet. The organization started in the City of same, little else is. The age of missiles also got a booSit aboard McAlester, Oklahoma. It spread rapidly the Midway, for it was from her decks that throughout Oklahoma, surrounding states, FACTORS CRITICS OVERLOOK one of the first ship based missiles was the nation and into foreign countries. A girl Many advances came in electronics while launched when a. V-2 was fired in September does not have to be of a Masonic family to the reworking was going on, and Midway got 1947. join, but recommended by a Mason or East the best available. Her combat information Another first ca.me when fully automatic ern Star member. center and command complex have been up carrier landings were made on the Midway Rainbow teaches ten outstanding things: dated, with inclusion of the computerized on June 13, 1963 by an F-4 Phantom jet and a belief in the existence of a Supreme Being, Naval Tactical Data System (NTDS) and the an F-8 Crusader, whose pilots did not touch the great truths in the Holy Bible, to seek Ships Inertial Navigation System (SINS). the controls. dignity of character, a conception of the These will enable her to operate the highly In March of 1965 when the bombing of higher things in life, effective leadership, sophisticated guidance systems used on cur North and South Viet Nam was increasing church membership, patriotism, cooperation rent plan es as well as those proposed for the in intensity, the Midway operated in the with others, love of home, and above a.11 future. Tonkin Gulf with Task Force 77. During an Service to humanity. In addition she got expanded and more eight and one-half month deployment, her There are 52 Assemblies in the State of sophisticated shops to service the electronics air wing fiew more than 11,900 combat sorties Arizona, with a membership ')f 2,500 girls. gear and the plane themselves. Her avionics against military targets. And, in two almost Over 1000 of these girls wm be in attendance spaces can handle any plane that can land on classic "dogfights" her aircraft were credited at Arizona. 39th Grand Assembly Session, at the carrier now or in the future. They are so with downing the first three North Viet which time they will celebrate the founding sophisticated that in theory they would be namese Mlgs. of their Order. Installation of the newly ap adequate even after the time she is scheduled A proud ship then, and one no stranger to pointed Grand Officers will be on Saturday to complete her projected lifespan. controversy or innovation. As for her future: night, June 24, 1972. The guest speaker for These are factors often overlooked in an reality, as is true in most cases, probably lies the evening will be the Honorable John J. evaluation of a ship-especially by critics somewhere in the middle. Midway may not Rhodes, congressman from Arizona. but the ability to operate an aircraft is far last another 25 yea.rs, as some state--the rush A great single honor has come to Arizona different from merely getting it into the air of technology may move beyond even her re in the fact that the Grand Wort hy Advisor, and providing a place for it to return. novated capabilities---and, privately, even the Miss Niki Kyle of Phoenix, wm serve as the Midway was never a. small ship but with most enthusiastic officers are not altogether Acting Supreme Worthy Advisor a.t the Bien this last conversion she has increased in size. sanguine about a half century old propulsion nial Supreme Assembly Session to be held in Her overall length is now 996 feet (more than system (she still is fossil fueled) and hull, no Oklahoma. City, Oklahoma, in July of this three football fields), with a filght deck Ina.tter how up to date the electronics, habit year. Rainbow Girls from all over the World, breadth, at its widest point, of 258 feet. This ability, and aircraft support capabilities. She and their Adult Advisors, wm be in attend increase includes lengthening her angled should, however, last a very active 10 to 15 ance to celebrate the 50th Anniversary of the filght deck, a part of the 1957 conversion, by year:>. In an era. that seems destined to see a founding of the International Order of the more than 25 feet. Her height, from keel to smaJ.ler and more thinly spread U.S. Navy Rainbow For Girls. mast top, is equal to a 20-story building. fieet she will be a. needed and gratefully wel Mrs. Gladys C. Skidmore of Tucson, who is She also always was a fast ship, and with comed addition. the Supreme Inspector in Arizona and Su her turbine rebuilding can now make 30 pl us preme Hope, wlll also attend, as will two bus knots (about 35 miles per hour). With this loads of 38 each of Rainbow Girls from speed she is well able to perform as the core throughout the State of Arizona, plus many of a modern carrier task group. This is not as CURRENT U.S. POPULATION who are going by car. much of a problem as it might seem since Mr. PACKWOOD. Mr. President, ac The girls going by bus will also have an the DD-963 destroyers, which will be opera cording to cuuent Census Bureau ap extended trip on the way to Supreme Assem tional in mid-decade, will not be as fast as bly, going to Carlsbad Caverns, San Antonio, some earlier classes. Although Midway does proximations, the total population of the Houston, to see NASA Space Center, the As not have the almost unlimited range of a United States as of June 1 is 209,157,982. trodome, then on to Dallas before arriving at nuclear-powered ship, she does have a great This represents an increase of 101,471 McAlester, Oklahoma. to visit The Rainbow range and, with underway replenishment, people since May 1, roughly the equiva Temple, and the founding place of Rainbow. which even the nuke carriers must undergo lent of the population of Scranton, Pa. It and finally to Oklahoma City for their if only for stores and ordnance at much less also represents an addition of 1,761,841 meetings. frequent intervals, she should be equal to all people since June 1 of last year, an in modern operatioD.61 demands. It does seem crease which is about the equivalent of that Midway has begun yet another career. the population of Philadelphia, Pa. STATEMENT OF NATIONAL COUNCIL Launched March 20, 1945, in Newport News FOR A RESPONSIBLE FIREARMS Shipbuilding and Drydock company, and POLICY, INC. commissioned Sept. 10, 1945 she was the first THE 50TH ANNIVERSARY OF THE carrier ·~o have an armored filgh t deck. Mr. BAYH. Mr. President, organized ORDER OF THE RAINBOW FOR opposition to the passage of effective Along with her sister ships she was the first GffiLS ship outfitted for storage and assembly of gun control legislation is a familiar fact nuclear weapons and equipped to launch the Mr. FANNIN. Mr. President, one of the of life that has been with us as long as twin engine, land based, P2V-3C Neptune. finest organizations in our Nation is the Congress has faced the issue of limiting June 2, 1972 CONGRESSIONAL RECORD - SENATE 19569 criminal use of firearms. That this stri sion of guns should demand. The nation qua.ld.fied representatives who will run this needs a. national policy establliShing nation country to their fullest potentl.a.l. dent voice is not the voice of the people wide, minimum standards for the licensing We live in an affiuent society well supplied is also a familiar fact of life. Those who of fkea.rms ownership, and for strict per with material and spiritual possessions. doubt this should consult the recent re sonal a.ccountablllty for the proper keeping, What America means to me, ls that when views of the history of public opinion use and d.!l.sposition of every legally owned I look at the American flag and pledge my polls on the subject which have ap firearm. a.lleg.iance, I feel honored-proud and wish peared in the press. Lacking the financial Such a national policy ls the basic respon that others less fortunate may someday feel support of any group comparable to the sib11lty of the Federal government. But the the kind of security besowed on us. firearms industry and lacking govern Federal government ls not ready to act. The Administration ls waiting. The Congress is WHAT AMERICA MEANS TO ME mental inducements equivalent to the waiting. America is waiting. What statistic civilian marksmanship program, the (By Kathleen Tichnor of Notre Dame a.re they waiting for? High School) voice of the people has been quiet and The National Council for a. Responsible generally less effective than that of the Firearms Policy will continue the struggle To me, America is more an attitude, a. mode organized few. for sanity and responsibllity in the nation's of living, than a distinct topographical area.. poldcies affecting possession and acquisition I have traveled and known many parts of At the time of the assassinations of this country and of various foreign countries the 1960's, a group of prominent citizens of the most destructive instruments of vio lence. Without such reform, the cry for "law abroad. Consequently, all my associations took upon themselves the obligation to and order" is at best a nia.lve hope, as empty with home and a people I can identify and redress the balance and voice the con a slogan as ever entered our national dia align myself With have settled with the cerns of the people. Calling themselves logue. American way of looking at the world and the National Council for a Responsible We invite all Americans, including respon of tackling problems rather than with a Firearms Policy, this group, led by its sible gun owners and our political leaders at speclfic location. president, James V. Bennett, former Di every level of government, to join our cam In Europe, an iron-clad traditional past paign for a safer and stronger America.. prevails over every attempt at real free think rector of the Federal Bureau of Prisons, ing. Each flower of change must struggle up has been a source of quiet sanity on the wards through the clutter of the thousands firearms question ever since. The state AMERICANISM ESSAY CONTEST of years gone before it. More obvious than ment issued by the council in reaction to AWARDS TO WICHITA FALLS, any other basic difference in attitude be the tragic shooting of Governor Wallace TEX., HIGH SCHOOL GRADUATES tween the Old World and the New ls the lack is an excellent example of the wisdom of comfortable familiarity with the govern the council has brought to the debates Mr. TOWER. Mr. President. each year, ment which ls enjoyed so much within our the Rotary Club in my hometown of own boundaries. I have witnessed the adages over gun control. I ask unanimous con that American parents are wont to tell their sent that the statement be printed in Wichita Falls, Tex., conducts an Ameri offspring of the violence and oppression by the RECORD. canism essay contest. Participants rep police states. I have been subjected to the There being no objection, the state resent the graduating classes of each of irritating inconvenience of constant check ment was ordered to be printed in the Wichita Falls' four high schools. ing of identification papers and travel per REcoRD, as follows: On May 18, 1972, awards were pre mits by harsh young men armed with virtual sented to four young women whose essays arsenals of weapons. I have stood while A STATEMENT ON THE SHOOTING meticulous officials shifted through my cloth OF GOVERNOR WALLACE were determined most outstanding from each school. Their cogent remarks on the ing and possessions in search of some tiny Once again, in yet another national polit proof of the aggressive nature of my country. ical campaign, the shooting of a. public fig subject "What America Means to Me" And I have seen children and pa.rents, wives ure has shocked and shamed the nation. We provide an insight into the strength of and husbands, leaning out of second story hope and pray for the quick and complete conviction we may expect from our lead windows to wave comfort and encouragement recovery of Governor Wallace and those with ers of tomorrow. to their loved ones on the opposite side of a him who were also shot. I am proud today to share with the formidable wall-a. wall cleaving apart their In their deep and justified anguish over Senate their thoughts of liberty, equal city and their fam111es. In America., if I keep this violent attack on the life of a man and ity, and responsibility under the law. within the laws. which are only a working on the polltics of a democracy, the American agreement of my citizenship, I need never people and their leaders should not lose sight Mr. President, I ask unanimous con face a. fear of simply living day to day. of the fact that the May 15 tragedy exempli sent that the text of each essay be In contrast to the uneasy, almost fatigued fies the violence with guns that strikes in printed in the RECORD. spirit of the Europeans, I have found Ameri creasing numbers ..of Americans every day. There being no objection, the essays cans to be a. vibrant, precedent-setting peo Reports of the criminal use of guns in were ordered to be printed in the RECORD, ple. Unsophisticated in the sense of unaf America have become as much a part of our as follows: fected, as a. whole we a.re energetically sin dally fare as the baJl scores and the stock cere and determined in our lives as Witnessed market quotations. Lives are lost, bodies a.re WHAT AMERICA MEANS TO ME by the colorful and explosive expansion of our broken, f:a.mllies are fragmented, a.nd the (By Carol Reed of Hirschi High School) frontiers in land, government and technology. fabric of la.w, order and justice is torn and To me, America means a great and power We have fruitfully cultivated the abundant tarnished, with growing frequency. We pay ful country, a safe and secure place to live. earth between two oceans; establ1shed a gov a shocking price for the extraordinary per I know that I possess freedom. I have the op ernment which spearheads world-wide activ missiveness of Federal, state and local laws portunity to go wherever I please and achieve ity; and set our collective foot on the moon, affecting the possession of guns and ammu whatever goals I desire in life. the stepping stone between this globe and nition. But the price has apparently not gone We have equality in this country a.nd the the universe. The products of our own artists high enough to trigger tbe national awaken right to speak out against anything we do influence all other civilized cultures and the ing and reform that are long overdue. not agree with. The opportunlity is always strictly American a.rt forms can be obtalined These esca.lating sta.tistics of national neg there if we wa.nt to voice our opinions and and enjoyed anywhere: jazz is sold and ligence are punctuated now and then by the try to make changes. played constantly in the tiniest music shops shooting of a nationally known figure. But We a.re free to travel this courutry to visit in Paris, pop a.rt museums a.re frequented by even such attacks have not been enough to our fine museums, National Parks, libraries enthusiastic patrons in Frankfurt, and blue rouse America's resolve to stop the carnage and the sea.t of our Goverrunent or the White jeans are the most stylish type of dress for that in this century alone has already taken House. young people from London to Rome. We are more American lives than all the wars in I can worshLp in the Church of my own loved by some and hated by some, but there American history. choice, live in any of our fifty great states, at is no denying that the American touch ls In our own time, the assassination of a tend the college I want and have the right to unique and universal. President was not enough to move this na decide my future vocation. When I originally pledged to uphold my tion to remedial action. The assassinations In order for a. person to be happy and pros citizenship while living a.broad I was not that rocked this nation in the awful spring perous in this world, I believe one should en aware of the various and contrary viewpoints of 1968 moved the political system only part joy whatever it is they do. I am proud of toward my country held by non-Americans: of the way, and even then with great diffi my American heritage a.nd ancestry. the stereotype of a. coarse but wealthy figure, culty, toward keeping guns out of the hands We have privileges some other countries the concept of a. powerful and overbearing of people who lack the most basic credentials would not dare allow people to possess. We a.re government. After seeing for the first time for responsible gun ownership. liberated from slavery, imprisonment or other through the other fellow's eyes, I was forced Nowhere in the United States ha.s govern restraint. to evaluate my nation objectively. At worst ment provided adequate protection against Freedom of the press enables us to keep there a.re times when our government tends the possession of guns by those who &re pat up with current events a.:nd world news, r1ghJt to be over-involved and under-experienced, ently irresponsible by any reasonable stand as it happens. meddling in other nations' affairs like a tire ard, or who a.re in.capable of assuming the The people of this country have a voice in less neighborhood gossip dashing eagerly level of responsibilLty which the legal posses- the government. We a.re able to vote for from kitchen to kitchen. At best we think, 19570 CONGRESSIONAL RECORD-SENATE June 2, 1972 write, and legislate toward what we believe tinue to keep our country the best place on cessfully for Congress), is an idea man, ap to promote the finest ideals in our Constitu earth to live. People complain constantly parently enjoys the philosophic side of bus tion, regardless of social or world opinion. My about taxes, crime, poverty, discrimination, iness, likes to think in terms o! what's go personality is such that my loyalties have and apparently senseless wars, but in every ing to be 25 years from now, but dislikes been formed through appreciation of all the case the problem is greater in other coun the details of everyday management. Last traits of America, as a nation and a people. tries than it is here in America. We still year, in the throes of a bad earnings period have plenty of inequities and injustices in Mr. Bullitt decided that responsibility for our great country, but we have come a long WHAT AMERICA MEANS TO ME management of King Broadcasting should be way from the time our ancestors fled from carried by the young business man he in (By Delberta Coppage of Rider High School) the anarchist society of Europe. vited into the company in 1959, Ancll Payne. When you ask what a nation means, the Sometimes people get carried away with Such a change in corporate direction is answer must take in the many aspects o! that their freedoms. For instance, some say there important news in the Pacific Northwest. nation, for many people see much about a are too many poor people and the rich keep Observers of Pacific Coast business point out country that makes it special to them. To getting richer, but they forget that our sys that when the Los Angeles Times sneezes, me, America means the land, the people, and tem of free enterprise is responsible for mak Southern California says "gesundheit," and the past. Vast stretches of gently rolling hills ing our nation the strongest, wealthiest, most when King Broadcasting itches, Seattle, covered with thickly-matted prairie grasses, self-sufficient country in the world. Our Portland and Spokane scratch. rugged mountains deeply carved by time, achievements in science, medicine, and other An overstatement? Consider the lineage forests crowded with trees that reach a sky fields of technology could have been achieved and influence. A. Scott Bullitt was a prose so blue that even the seas are jealous, lush only under our system of material rewards cuting attorney in Kentucky (where a. coun tropical swampland, and deserts burned to a for initiative and recognition for imagina ty is named after his family) whose career dry, dusty white; these make America special tion. Perhaps our greatest achievement lies reached a dead end when he decided to close to me for they fill the land with variation. in the field of human dignity. Of course, the race tracks. He went to Seattle to prac And my America is always changing, always we still have problems of hunger, poverty, tice law, and become a mover in Democratic new. and discrimination, but nothing like these party politics, ran for governor (unsuccess The cities, too, show variety in even tiny same problems that exist in countries that fully), was among the original group of peo villages where everyone knows everyone else, have tried other types of government and ple to support Franklin D. Roosevelt for the quiet complacency of suburban living, rewards for achievement. President, was said to have given now-Sen and the hurry and excitement of the giant What about wars? There is no way that ator Warren Magnuson (D-Wash.) his first cities where discovery lies around every cor two hundred million people can come to a job, was rumored to be in line for a cabinet ner. Even the seasons show change at every decision about how to defend our rights and position when he died of cancer. turn with the dry, hot winds of the southern freedoms. We must depend on the wisdom The woman Mr. Bullitt married came from summer and the bare warmth of the north, of our elected officials. One thing we know that exclusive group of people that in the the burst of freshness that comes in the for sure. Since the time our ancestors won social community in Seattle--as in most spring, and the deep, colorful autumns that that first war for freedom back in 1776, we pioneering areas-sort of ran the whole grow in beauty and crispness as they creep have not had to actually protect our homes thing: The straits, the lakes, the rivers, most into winters either mild or harsh. My Amer and families, nor have we had to defend our everything, are named after this coterie of ica means majesty and beauty. shores from an attacking enemy. Thank families. After a land has been created, a people goodness for the wisdom and foresight of Some 15 years after her entry into the must come to live in that land. Many coun leaders who have kept the battle away from business world, via the Stimson Realty Co., tries were founded by nomadic tribes who our doorsteps. which her father had started, Mrs. Bullitt, happened to find good grazing land or by America may not be perfect, but it is in 1947, moved into broadcasting by buying warriors who had the strength to subdue the definitely way ahead of second choice. The the interest of what was then KEVR(AM) original inhabitants, but America was happiest part is that we are still making Seattle. Now King Broadcasting is a powerful founded by people from all over the world, progress in our struggle to deserve the Red, duchy, probably the most important radio people who had a dream of freedom and a White, and Blue. TV group serving the Pacific Northwest. desire for a beautiful land in which to make Ancil Payne came into the King organiza that dream come true. The land was there, tion knowing next to nothing about broad ready for those who would claim it, and the ANCIL HORACE PAYNE casting. What really impressed him about people came: English, German, Irish and t.elevision in the early days was when an Scottish, Italian, Russian, Norwegian, and Mr. PACKWOOD. Mr. President, An appearance by Democratic congressional can Chinese, all in search of a reality to fit their cil Payne is one of the outstanding citi didate Helen Gahagan Douglas caused an dreams and each adding his own to that one zens in the Pacific Northwest. For sev arch conservative of Mr. Payne's acquaint dream of freedom. Each new American ance to switch his vote. By God, thought eral years it was my pleasure to know Mr. Payne, if a liberal like Helen Gahagan changed the picture of this nation just a Mr. Payne as one of Oregon's first-rate little, and each new interpretation of free Douglas can reach a terribly conservative broadcasters. He has now moved from mind, it must be a tremendously effective dom added a new dimension, a variation to medium. America. And my America is made of the Oregon to Washington State, where he continues to distinguish himself as a Now he's no longer surprised. "The only strength of dreams. problem with television," he says, "is its It has been through time that the dream leading citizen and top notch broad of freedom has become a reality. Since this caster. own success. It's so powerful and so instru nation began, the wars it has fought have mental in our lives that it's blamed for I ask unanimous consent that an arti everything." Characteristically, though, Mr. been to free people, and throughout the past cle about Ancil Payne, published in the Payne--a realistic, progressive thinker Americans have constantly strived to unfet April 24, 1972, issue of "Broadcasting" won't settle for merely pat explanations. "We ter the minds of their children. The people be printed in the RECORD. do have a lot of responsibilities we haven't have always been hardy and strong-strong met, obviously." of body and of mind-hard-working and There being no objection, the article filled with adventure and daring. Formality was ordered to be printed in the RECORD, The corporate area of broadcasting with as follows: which he must deal responsibly now includes has never repressed this free and easy people nine broadcast properties--an AM, FM, TV as it has other nations. The history of Amer NEW MAN IN CHARGE OF KING STATIONS' each in Seattle, Portland and Spokane. The ica is filled with the heroic deeds, the chiv NORTHWEST PASSAGE Spokane TV is an ABC-TV affiliate, while alry, and the courage of thousands of stout The news last December that Ancil Payne Seattle and Portland are in the NBC-TV line hearted men and women who loved their had been elected president and chief oper up. King Video Cable Co. owns 13 cable TV country more than life. This is the people, ating officer of King Broadcasting in Seattle systems on the West Coast, serving some 27,- bred in this great land, who created a glorious was surprising. After all, since this company 000 subscribers, and is looking to expand. history for this great nation. This is my was first formed and went into the broad Northwest Mobile Television System consists America, always changing, majestic, and for casting business in 1947 it always had been of two color-equipped television trucks that ever built of great dreams. led by a member of the Bullitt family. First are offered for contract or lease. King Screen there was Dorothy Stimson Bullitt, known Productions, which produces educational as a remarkable woman of grace and ability. films for schools, once won an Academy WHAT AMERICA MEANS TO ME Of her it had been said that when her Award for the documentary film "The Red (By Jan Spalding of Wichita Falls High husband, A. Scott Bullitt, died ln 1932 and woods." Northwest Sound Service provides School) left her sole heir of his real-estate and sound-mixing facilities. The real estate divi America is Red, White, and Blue. I guess timber interests, "Dorothy went down to the sion owns two downtown Seattle office build this about sums up my ideas on America; office to see what it was all about and found ings and other properties in Washington and that is, sacrifice, freedom, and courage. she had a fiair for coinmerce." Canada. History has taught me that our forefathers Mrs. Bullitt ran King Broadcasting for Among other interests absorbed when King had to show much courage and suffer through 18 years, relinquishing day-to-day control Broadcasting took over the Bullitt Co. (the great sacrifices to win the freedoms and privi to her only son, Stimson Bullitt, an attorney, successor to Stimson Realty), are timber leges that we enjoy and take for granted in 1965. Mr. Bullitt, culturally minded, with holdings on Sa.mar in the Philippines and today. Even today these same qualities con- a deep interest in politics (he ran unsuc- Hollymark, a shipping company that deals in June 2, 1972 CONGRESSIONAL RECORD - SENATE 19571 log-trading to Southeast Asia out of Hong who knows what source and in the end HART in separate views on Mr. Klein Kong. embarrassed only themselves. Their in dienst's nomination. Though we ap There have been some failures. King Broad eptitude would be humorous if it were proved of his nomination, we felt it in casting was too heavily diversified in too many areas the company knew too little not dealing with such a serious subject. cumbent upon us to list the areas in about. Seattle magazine, for example, though which we felt strong disagreement with a monthly publication to take pride in, had NOMINATION OF RICHARD the nominee. We approved of his nomi to cease publication, a victim of rising costs G. KLEINDIENST nation-though not of his policies- and slumping local economy. because- One of the serious problems with diversi The ACTING PRESIDENT pro tem Members of the Cabinet, unlike Justices fication, it was decided, was that King pore. Under the previous order, the of the Supreme Court, serve at the pleasure couldn't provide the proper management Senate in executive session will now re of the President as his assistants. The pol from its thin ranks. For a number of yea.rs, sume the debate on the nomination of icies they pursue will, almost inevitably, fol with Ancil Payne as spearhead, King has low the President's position. He must work been doing extensive college recruiting, bring Mr. Richard G. Kleindienst for the office of Attorney General of the United States. wtih them. Therefore, absent personal im ing in new blood from the Ivy League and propriety, incompetence or disqualifying California to meld with the clean-scrubbed The question is on the confirmation of confiict of interest in the nominee, the Presi Swedes of the Pacific Northwest. the nomination of Mr. Kleindienst to be dent is entitled to the man or woman of his Ancil Payne, himself, was recruited by Attorney General of the United States. choice. The Senate's role to advise and con Stimson Bullitt. The two got to know each Mr. ROBERT C. BYRD. Mr. Presi sent on cabinet appointments should be ex other when Mr. Payne's candidate for Con dent, I suggest the absence of a quorum. ercised within this limited framework. gress, Hugh B. Mitchell, ran against and The ACTING PRESIDENT pro tem The Senate's role is very different in the handily defeated Mr. Bullitt, in a Democratic case of appointments to the Supreme Court. primary election. pore. The clerk will call the roll. The second assistant legislative clerk Its members serve for life and a.re respon Mr. Payne, a. son of the Pacific Northwest, sible to the Constitution alone, not to the has had political overtones through his life. proceeded to call the roll. President who appoints them. When review Besides serving as assistant to Congressman Mr. BAYH. Mr. President, I ask unani ing judicial nominees, the Senate must ex Mitchell, his wife, Valerie, is the sister of a mous consent that the order for the ercise a. more substantial function. former congressman from upstate New York, quorum call be rescinded. John Davies. They met when she went to The ACTING PRESIDENT pro tem We were prepared to let the matter work in Mr. Mitchell's congressional office. pore. Without objection, it is so ordered. rest there. My enthusiasm for Mr. Klein As leader of King, he thinks a.bout the fu dienst's views has not increased; my dis ture a lot. Cable is great, he says. "It has a Mr. BAYH. Mr. President, it is not without some significant degree of re agreement with the policies of the Jus commanding and a viable and a fascinating tice Deartment has not waned. Yet I did future ahead. But it's a.head. It's not in the luctance that I rise to address the Sen immediate future." ate on the matter of the nomination of not then, and do not now, feel that it If Ancil Payne has anything to do a.bout Richard Kleindienst to be Attorney would be appropriate for the Senate to it, King will be involved in both cable and General of the United States. Those of attempt to dictate to the President who broad.ca.sting. "We [broadcasters] keep think us who have been involved before with he can or cannot have as members of ing in terms of either/or," he says. "And it's the question of Presidential nominees his Cabinet, merely because we happen not either/ or. The two a.re complementary." do not eagerly or lightly seek to engage to harbor disagreements-however Ancil Payne lives in a harem of a wife and strong-with the particular views and three daughters. "We finally got to the point once again in confrontation with the where we got a. male dog,'' he says in his President over his choice for high official policies espoused by the President's charming manner, "and the --- ran off. position. There are some prophets who nominees. He couldn't stand it either." appear to have the ability to look into That is not to say that I treat lightly the minds of those of us who serve in the disagreements which I have with Mr. Congress and attribute motives to all Kleindienst's views and the policies which THE NEW YORK TIMES AND THE of our deeds. Those who suggest that he has stated he will carry out. I have IMPEACHMENT OF THE PRESI I feel this kind of confrontation is a had the opportunity, in my capacity as DENT ADVERTISEMENT thing to be relished have not had a a member of several of the subcommit Mr. TOWER. Mr. President, on Wed chance to get a very good focus on the tees of the Committee on the Judiciary, nesday, May 31, the New York Times mind of the Senator from Indiana. In to debate these differences at some length carried a two-page ad that called for deed, in the case of a Cabinet appointee, with the nominee. I cannot understand the impeachment of the President. This our reluctance to rise in opposition car why, for example, the Department of ad might have been pitifully humorous ries almost to the level of acquiescence Justice, and Mr. Kleindienst, are so re if it were not for its timing and the bla to the President's wishes-for Cabinet luctant to recognize the alarming impli tant political purposes behind it. The ad officers are creatures of the President's cations of juvenile crime in this country, came at a time when the President was will, and serve at his pleasure in order and why they are so unwilling to commit on a journey for peace. The purposeful to effectuate his policies and his goals. the resources necessary to deal with this intent to embarrass the President was It is not our business to oppose a Presi most serious of social ills. obvious, yet the New York Times did not dent's nominee for a Cabinet position, We do a great deal of talking about even require the usual political disclaim because we disagree with his views on crime. After Attica, the Attorney Gen er. It appeared almost as if the Times the issues, or because his philosophy is eral of the United States made a very endorsed the ad. offensive to us. Indeed, we have all said compelling speech about recidivism. Yet, Mr. President, the pressmen at the as much, in our original reports on this recidivism starts with how we treat first Times saw this for what it was and ini nomination. offenders, how we treat juveniles; and tially ref used to print it without a dis There may be times when the individ we are committing far more of our re claimer of some sort. However, Mr. Sulz ual nominee's philosophical beliefs go so sources to hardware in connection with berger ref used to order the disclaimer far as to be irresponsible. At that point I la~ enforcement than we are to dealing and ordered the men to print it anyway. think a Member of the Senate, in exer with social problems, the unique prob The ad was printed and did appear and cising his or her advice and consent re lems of individual first offenders. Words the only thing that happened was dam sponsibility, has the responsibility to alone are not going to limit the numbers age to the prestige of the New York speak out. But just dUferences of degree of those who would rob and rape and pil Times. with respect to philosophy, and differ lage our society. It takes an investment Mr. President, the President of the ences of opinion on some of these specific in resources to try to deal with the prob United States will not be hurt by such issues that might be hotly debated are lems of human beings. ads. In fact, most probably he will be not, in the judgment of the Senator from The majority of those buy Saturday aided, for the American people recognize Indiana, sufficient to cause a Member of night specials. Nor can I fathom why, politically inspired attacks when they the Senate to interpose an objection with with hundreds of policemen killed by see them, even if they are not properly respect to a Presidential Cabinet nomi handguns in the last few years, and 8,000 labeled. The only ones who will suffer nee. I spoke at some length relative to citizens last year slain by handguns, will be the small men who are behind the my feeling about this in connection with 5,000 of these by Saturday night specials, ad, the candidates they support, and the the nomination of Secretary of Agricul and the assassinations and attempted paper that refused to mark the ad politi ture Earl Butz. assassinations of political leaders that cal. These men spent over $17 ,000 from I joined with Senators TUNNEY and have been going on in this country-the 19572 CONGRESSIONAL RECORD-SENATE June 2, 1972 majority involving Saturday night spe- concern and distrust. But these disagree people. If the people are not told the cial handgunds, Mr. Kleindienst refuses ments are not enough, of themselves, for truth-if the people cannot feel that they to support the most reasomble efforts to the scope of the Senate's inquiry is not have confidence in their government rid the Nation's streets of these killer so wide. This is a matter of decision for if they are suspicious of the motives of weapons. the electorate when they have the op- those in positions of power-then can The Justice Department has testified portunity to choose in November. we truly say that the people have given before my committee on several occa- Because of the narrow scope of the their informed consent to be governed? sions-and as long ago as 1970-that Senate's advise and consent function For is not the essence of being informed there was a tremendous loophole in the with respect to Cabinet nominees, we are being told the truth? As Thomas Jef 1968 gun law which permitted approxi- reluctant. And we are reluctant for other ferson wrote some 150 years ago: mately a million of these cheap weapons reasons as well. When the nominee is put Enlighten the people generally, and tyr a year to come into this country by im- forth by a President of an opposite party, anny and oppressions of body and mind will port-import by parts and then assem- inevitably the cry is raised of "partisan vanish like evil spirits at the dawn of day. bly in this country-which, in effect, has politics" if there is any opposition. And I daresay that many of the ills circumvented our prohibition of import- But it was not partisan politics that that beset this country today could also ing this kind of weapon. Yet, despite led almost half of the members of the be dealt with by liberal doses of plain their recognition of this problem, they President's own party to oppose one or truth. I do not mean doses of liberal have been unwilling to take the political both of his most disputed nominees for truth, I mean liberal doses of the pl&in lead necessary to plug up this loophole the Supreme Court. Nor is partisan poli truth. and stop the proliferation of these weap- tics involved in this nomination, despite Mr. President, I ask unanimous con ons across the countryside. allegations to the contrary by some of sent to have printed in the RECORD an I have already said that I find Mr. our colleagues. editorial from Life magazine, by Hugh Kleindienst's attitude toward basic civil I can only look upon the raising of such Sidey, the veteran White House cor liberties unacceptable. Mr. Kleindienst charges as an attempt to avoid discus respondent, dealing with the precise would have us rely upon the self-restraint sion of the real issues. question of which I have spoken-the of political ofiicials for the protection of Now I have read the comments of my responsibility of Government for the our civil liberties. But we rely upon the distinguished colleagues from Nebraska continued deterioration of public con constitutional authority of life-tenured and Arizona, where they suggest that this fidence. judges-not the easily swayed self-re- whole exercise has been nothing but po There being no objection, the article straint of political appointees for the pro- litical headhunting. I can only repeat was ordered to be printed in the RECORD, tection of our liberties. that it is rather dismaying to hear this as follows: I happen to be a political official; and argument, for nothing could be further [From Life magazine, Mar. 31, 1972) as much as I would like to feel that I from the truth. It was not politics that THE PRESIDENCY-WHAT MAKES THE MARE Go would have the sensitivity and the wis- led. us .t<:> oppos~ the confirmation earlier dom and the good judgment to know of JUd1Clal nommees-not unless we sug (By Hugh Sidey} where we are to draw the line I do not . gest that 20 members of their own party Not long a.go, on an airplane between New want to have on my shoulders~nor do I would play politics with this issue-it was York and Washington, a. man studied a. front-page newspaper story on the rrr case think any of the rest of us who serve in a se~e. of devotion ~o. the Constitution. and then spoke to his companion. "Nixon's an elective capacity would want to And it IS no more po1It1cs that has led us Achilles' heel may not be the economy or have-the responsibility to determine to oppose the confirmation of Richard Vietnam or any of those things. It may be where the line of restraint should be Kleindienst. Rather, it is our doubts as to this," he said, thumping his pa.per. "There's drawn. his qualifications and our concern over more of this than most people realize. I Mr. Kleindienst would have us put the the. ero_sion .of trust that has been ?C know. I've had to get a. few things done sole authority to conduct electronic sur- cunng-m this country now over a period myself." The man was not so much accusing as veillance of our citizens in the hands of of years. stating a fa.ct about a traditional ritual of bureaucrats and political appointees . It must be r~called that Mr.. Klein power that seemed to have gone wrong. In where the Constitution requires the au- d1enst had previous!~ ~een unam~ously the political game now being played, appear thority of the impartial magistrate. I approved by tl~e Jud1c1ary Comm1ttee ances are just as important as reality, and must suggest, Mr. Pr.esident, that I do not by those who llked what he. hB;d to say, appearances are terrible. care what administration is at the White as well as those of us who d1dn t care so The spectacle of memos being found, for House and is controlling the Justice De- much for .1.lis views. I voted for him. We gotten, shredded, leaked and denied, of partment. I want to have removed from all voted for him. ~d despite our dif memories being refreshed and dates being the political arena the magistrate mak- ferenc~s, w~ foun!1 him to be_ personable changed, has cast suspicion over the entire administration. The White House is nervous. ing the determination as to who is tapped and fair mmded m our hearmg. No one Nixon sees the rosy picture of his China and who is bugged. can doubt that. Dick . Kl~1!1dienst is a triumph being smudged. The White House Mr. Kleindienst seemingly also is un- personable a?d llkabl~ md1vidual: . contact man with business, Peter Flanigan, concerned about the gross invasions of Yet the issue V.:h1ch underlies this is more shaken than ever before in his con privacy that have too .Jften resulted from :Vhole cont~oversy, m 8: sense has ?oth troversial three-year public career. What abuses of Government intelligence gath- mg to do with. t~at earller vot.e .. ':!111s has should he do? he asks visitors in all sin ering. This is alarming to me-not just beco!ll~. a basic issue o~ cred~b1hty-the cerity. White House operatives Robert Finch because of wha;t is happening today and cred~b~l~ty of the nommee, I~deed the and Herbert Klein rushed to dampen fires in California touched off by LIFE'S disclo where we are today, but because of what credi~1h_ty of the ~over~ment itself. sures of infiuence and justice-tampering last this portends for the future direction of ..'J!ns IS no part1sa:n issue. Th~ cred week. Vice-President Agnew stood at plane our country. I do not want our Nation ib1ll~y gap has nothmg ~o. do v.:1th any side and in a remarkable statement said he to become a "Big Brother" nation, where particular party or admimstration. We would like to see LIFE (whose charges are at we have fear to converse in the privacy read from reports of over 100 years tl:at this writing stlll unchallenged by the White of our homes or offices, or to glance over s~ldom has there been .~ . administra House) go broke like Look. In St. Louis, top our shoulders, for fear that someone may ~ion that h9:5 ??t been criticized for hav business executives refused comment when the Post-Dispatch phoned to ask about a be watching, someone may be listening. mg a credibihty ga~from a narrow meeting in which former Secretary of Com Despite all the tough rhetoric about gap to a la~g~ gap. ThlS _may be a new merce Maurice Stans, now Nixon's chief law and order and crime control, it seems phrase, but it l~ not a new issue. . campaign-fund raiser, urged them to get apparent that crime in America is still :"he frustrat10ns of the war; the al~e_n- their contributions in before a new dis . . at1on of the young people; the hostility closure law takes effect on April 7. Columnist ~ gro~.g problem and that ~he !'1-dmm- of minority groups; the disaffection of Jack Anderson published more alleged secret istrat10n s efforts to deal with it have millions of ordinary citizens with the rrr memos showing ITT dealing with the often been inefficient and misdirected. precesses of government--a lack of CIA like some independent nation. Investi In the administration's frantic haste to candor and credibility lie at the bottom gative reporters were raising questions a.bout the old Nixon law firm of Mudge, present the American public with the of all these ailments. The obligation of Rose, Guthrie and Alexander, whose for appearance of crime control, the admin- government is to govern, not merely to tunes soared after Nixon and John Mitchell, istration has breached the Constitution reign-and government in our Nation former senior partners, moved on to Wash and created an unparalleled wave of rests upon the informed consent of the ington. Even more fascinating was the story June 2, 1972 CONGRESSIONAL RECORD - SENATE 19573 of Herbert Kalmbach, an obscure California of this matter, then the Senate had bet doubts ought to be resolved before this attorney who happens to be Nixon's private ter examine carefully all the relevant nomination is finally acted upon. lawyer. According to one Washington au if thority, he now "has the goddamndest facts and circumstances, and not be so For that is not done, if the Senate bunch of clients lined up outside his door quick to throw around charges of poli does not make every effort to get to the that you've ever seen." tically motivated delay and dilly-dally bottom of the issues raised at these hear In all the din, a larger problem was ob ing, which I have heard alleged by some ings--the longest confirmation hearings scured. Just what should be business's cor of my colleagues. This is an extremely in the history of the Senate--then the rect relationship with people in positions of serious matter, and we would do better Senate will become party to a whitewash, public authority? Certainly business needs to to discuss the issues than to discuss each and the public confidence, so severely make its wishes known, as much as does la other's motivations--or alleged motiva torn over the past several years will be bor (which has not been overly reticent in the last decades) or Ralph Nader, the con tions. further eroded. If we vote to confirm sumer evangelist who has used every lever of It is to the great credit of Richard Mr. Kleindienst without further review influence he knows. Gleeful Democrats press Kleindienst that he himself recognized of the events and circumstances that ing the current investigations would no these basic issues. For it was Mr. Klein have led to these hearings in the first doubt prefer not to think about those dienst-to his credit-who asked for re place, if we vote to confirm Mr. Klein shadowy figures from their own party's past, newed hearings into his nomination dienst and place our seal of approval on who helped set up big government in Wash when the serious allegations of the Beard an affair that we all know reeks with ington in its present form, then left it and suspicion, if we do not make a better ef waxed fat showing clients and corporations memorandum were raised. He realized how to discover tax loopholes and circum how important it is that high public offi fort to find some of the positive answers vent laws they had themselves help to write. cials not operate under the cloud of sus yea or nay, then we will have done pre 'Business," snorted Lyndon Johnson once picion, and he asked that the new cisely what Mr. Kleindienst did in the when he was battling the big interests, "is charges raised by Jack Anderson's col case of Harry Steward, the U.S. attorney what makes the mare go." He knew the coun umn be fully aired, so that the cloud of from San Diego--where despite a find try ran on the profit motive. John Kennedy suspicion arising out of the Anderson ar ing by the Justice Department in knew it too. Even during his fight with big ticles could be cleared away. Mr. Klein vestigation of "highly improper" con steel, he never quite shook off the capitalist pragmatism of his father Joe, the fellow who dienst's testimony before the renewed duct, Mr. Kleindienst issued a state amassed the Kennedy fortune. "They're our Judiciary Committee hearings began as ment saying that there was no wrong partners," he once said to a reporter. "We're follows: doing on Mr. Steward's part. I ask in this together, I want business to do well. The reason why I asked for this hearing, unanimous consent to insert at this point If they don't we don't." Mr. Chairman, and members of the commit an editorial from the Washington Post Influence is a bipartisan phenomenon, but tee, is because charges riave been made that dealing with this matter. the Republicans have addeed a new dimen I influenced the statement of Government There being no objection, the editorial sion. Maybe it's naivete-what they do they anti-trust litigation for partisan reasons. was ordered to be printed in the seem to do so clumsily. Or maybe it betrays These are serious charges, and by virtue of a kind of insensitivity, a lack of understand the fact that the confl.rm81t1on of my nomi RECORD, as follows: ing of the role of modern public figures. In nation as the Attorney General of the United [From the Washington Post, June 2, 1972] any case there is an evident conflict between States is before the U.S. Senate I would not THE KLEINDIENST NOMINATION-II the things everyone can see the Republicans want that confirmation to take place with One of the more advantageous aspects of doing and Nixon's own call for new spirtiual a cloud over my head, so to speak, nor would the nomination of a sitting presidential ap values. The administration's Puritan ethic I want the U.S. Senate to act upon my nomi pointee to the cabinet ls that a bit of the evidently applies to everything but the nation if there was any substant1al doubt in guesswork is removed from the Senate's pocketbook. the minds of any of the Members of the U.S. process of determining the nominee's fitness One thing would help. True candor. If ITT Senate to the effect that while I performed for omce. This is particularly true when the ts so big that its machinations now affect the my official duties on behalf of the U.S. Gov nominee's prior service is in the department balance of payments (as the fl.rm argued in ernment in the past 3 years as the Deputy he is nominated to head. The man has a pleading against an antitrust suit), then its Attorney General, that I engaged in any im track record which can be examined and business is very much the public's business. proper conduct or in any conduct that would from which assumptions about the way he If ITT is so formidable that it is dealing with go to or be relevant to the consideration of will conduct himself in the office for which the CIA and intriguing in fo~ig:!l countries, my confirmation by the U.S. Senate. he has been nominated can fairly be drawn. then more than ever it should receive public Thus, Mr. Kleindienst set a standard The Senate has such a fortuitous situation scrutiny. It is possible that even if the ITT in the nomination of Richard G. Kleindienst case had been conducted entirely in the open, by which he wanted to be measured to be Attorney General and it has an inter the firm might have received the same settle anc! that st9.ndard, in his own words, was esting case study in Mr. Kleindienst's han ment. It would certainly be more acceptable whether there was "any substantial dling, as Deputy Attorney General, of the if it had been arrived at without the squalid doubt in the minds of any of the Mem matter of Harry Steward, United States At epic of backroom influence from Kentucky to bers of the U.S. Senate" that while he torney for the Southern District of California. Washington. had performed his official duties as Dep In late 1969, federal agents investigating Up on the Hill at the ITT hearing room a gambling in San Diego County became sus few days ago a young man with fl.re in his uty Attorney General, he had engaged in any improper conduct, or in "and con picious that a $2,068 payment made by the eyes waited for a seat. What for? "Because I Yellow Cab Company in San Diego to an want to hear them lie," he spat. He may have duct that would go to, or be relevant to" advertising agency had been, in fact, a con it all wrong. But this new bitterness between the consideration of his confirmation by cealed and improper contribution to the pres the administration and a goodly number of the Senate. idential election campaign of Richard M. American people didn't begin in the street The question then would appear to Nixon in 1968. This suspicion and other facts around the Pentagon. It began in the se be--are we sure that Mr. Kleindienst developed in the investigation led to the cluded chambers of power with which this Impaneling of a grand jury in October, 1969. administration still seems to think are its can meet his own test? I would add that it is a test to which Mr. Kleindienst sub The grand jury issued a subpoena for Frank private preserves, where matters too lofty and Thornton, executive vice president of the ad complex for common comprehension are scribed even at the last day of the hear if vertising agency. Following an unsuccessful dealt with. It is, once again, a policy of non ings. I asked him he still felt that he attempt to serve the subpoena, the agents in communication, and it is an added insult to would not want to take the Office of At charge of providing information to the grand the American intelligence. torney General with this cloud of sus jury were summoned to Mr. Steward's office. Mr. BAYH. Mr. President, Mr. Sidey's picion hanging over his nomination, and Mr. Steward asked the agents about the article points out all too clearly the im he replied, "I still feel that way." Thornton subpoena and told them that he Now I do not think that any of us can did not want it reissued. According to an pact of the past few months hearings be sure today just what all the answers affidavit sworn by David Stutz, one of the into the Kleindienst confirmation and are to the questions raised at the hear agents present at the meeting, Mr. Steward the l'IT affair upon the public con ings. That is why I frame the central listed his close friendship with Mr. Thorn fidence. And I believe most disturbing of ton, and the fact that Mr. Thornton had question here as whether we can be sure gotten Mr. Steward his job as U.S. Attorney all is his report of the young man wait that Mr. Kleindienst meets his own test; and was to try to get him a federal judgeship, ing outside the hearing room for a seat, for we have to admit that we simply do as the reasons for quashing the subpoena. who--when asked why he wanted to see not know whether he meets it or not. In Mr. Steward said that he would talk to Mr. the hearings--answered, "Because I want other words that the cloud of suspicion Thornton personally. Subsequently he did to hear them lie." has not yet been cleared away; that there and reported to the agents that Mr. Thorn Mr. President, if this is to be the legacy remain substantial doubts; and that the ton had explained the $2,068 item to his sat- 19574 CONGRESSIONAL RECORD - SENATE June 2, 1972 lsfaction. He also told the agents to stay away they read that the Justice Department timony has to be read to be believed, and from the advertising agency. made findings of impropriety and even then, one would have had to be Subsequently, while Agent Stutz was pur suing an unrelated investigation-this one wrongdoing, yet the Deputy Attorney present to observe the demeanor of some outside the U.S. Attorney's jurisdiction-Mr. General issued a press release saying witnesses in order fully to appreciate the Steward again thrust himself between the that there had been no wrongdoing? cavalier treatment of the truth at these advertising agency and the federal agent, And how will the people of the United hearings. There were instances at the stating, "I am the U.S. Attorney and I'll tell States feel if the Senate approves this hearings where no reasonable man could you what to do. I have told Barnes-Champ nomination without making the fullest have drawn the conclusion other than (the ad agency) they don't have to give you efforts to determine exactly what hap that the witnesses were simply not tell any records. You are not to contact them pened, and exactly what responsibility ing the truth. again." Subsequently, and after Mr. Steward had should b{; laid at whose doorstep? Despite the shocking lack of candor been summoned to Washington for a private We have an extremely grave respon which too often characterized the hear conversation with Mr. Kleindienst, an ad sibility here, and we should not forget it. ings; and despite the unjustified refusal ministrative inquiry, including an FBI inves The Constitution places in our hands the on the part of the nominee and the De tigation, was instituted by the Department obligation to advise and consent to the partment of Justice and on the part of of Justice into Mr. Steward's conduct in nominations of the President to execu ITT as well, to provide absolutely crucial these matters. tive positions. This advise and consent information; and despite the refusal of After the inquiry had been concluded, the Deputy Attorney General issued a press re function is one of the key elements of the committee to hear witnesses whose lease which read, in part, as follows: "These our system of checks and balances, and testimony could have shed significant charges were exhaustively investigated by within the limitations which I outlined light on the whole matter; despite all the bureau and a report was made to the de earlier, it is our responsibility to make this, the Senate of the United States is partment. I have evaluated the matter and the fullest inquiry into the qualification being asked to approve the whole pro determined there has been no wrong-doing." and fitness of nominees for Cabinet posi ceeding, as if there was nothing what Subsequently, however, Mr. Kleindienst was tions. If this full inquiry is not made, ever wrong with it all, as if nothing had to admit in his confirmation hearings that ever happened at all. Let there be no mis he had never actually read the FBI report then we shall have shirked our respon on the matter. sibilities, and rather than reveal the take about it-for the Senate to approve During the course of the Kleindienst hear truth to the American people, we will the Kleindienst nomination without ings, Henry Peterson, the Assistant Attorney only have aided its concealment. making the fullest efforts to get to the General for the Criminal Division, testified We must remember why it is that it is bottom of the questions raised at the that he had been involved in and aware of so important for the Senate to continue hearings would be to do more than put both the criminal investigation that led to to investigate this nomination until we the imprimatur of the Senate on Mr. the quashed Thornton subpoena and the ad Kleindienst as Attorney General. Such ministrative inquiry which followed it. He have laid some of the questions to rest. characterized Mr. Steward's conduct in this As I said earlier, ordinarily the burden a course of action would also put the matter as "highly improper," but defended is not on a Cabinet nominee to establish Senate's imprimatur on the whole mass the department's public exoneration of Mr. any more than that he possesses integrity of unresolved, inconclusive, and u:ian Steward as necessary to sustain a positive and minimum competence. But here, swered questions which these hearings image of the government's chief prosecutor where the burden has been shifted-not so laboriously brought to the public at in Southern California as he approached the merely because charges have been leveled tention. We would be on record as ap prosecution of a major tax case. by a newspaper columnist, but because proving all of the evasion, all the decep Although the Judiciary Committee puz tion, all the withholding of informa zlingly refused to pursue a number of ob the nominee and the President himself vious leads, such as calling the investigators have stated that there was cloud over the tion-and as surely as ITT shredded its whose work was thwarted, the record in this nomination that ought to be cleared files to hamper our investigation, so case is still fairly clear. Whatever Mr. Klein away-where the burden has been as would our approval of this nomination dienst's intentions were, the fact is that from sumed by the nominee and the President, constitute a further shredding of the February, 1971, when the Department of Jus there ought to be a greater opportunity public confidence. tice issued its press statement publicly ex to meet that burden than the Senate I for one cannot be a party to such an onerating Mr. Steward, until March, 1972, Mr. I exercise. when Life published the story, the matter now has before it. President, state had been covered up and apparently buried. flatly today that the burden has not been Mr. President, just what are all these The Department's action, it seems to us, was met. I could not say with equal honesty unanswered questions which I have been indefensible in itself, but the reason given in my heart that I know it has been met. alluding to? What are all the inconsis for taking it was astonishing. The actions of I do not know. As I read this record, it tencies and contradictions that were a principal federal prosecutor in impeding is almost impossible to tell what hap brought out during the hearings and two investigations by federal investigators pened. It is very easy to see that some need to be cleared up before the Senate were swept under the rug, according to tes one who came before that committee lied. confirms Mr. Kleindienst? timony before the Judiciary Committee, in I would state at the outset that we order to maintain public confidence in law Someone committed perjury. Yet I do enforcement. And Mr. Kleindienst was in not think that anyone who reads the have produced a statement of minority volved in and in charge of the process record can say who it was who lied, or views which may be unprecedented-I throughout. who it was who committed perjury--or cannot remember ever seeing such a So we would add the Steward case to that that the burden has been met. Nor can document before in my 10 years in the part of the record of Mr. Kleindienst's career anyone say that there are not great in Senate. As we can note, it is 128 pages as Deputy Attorney General to which we consistencies running at several points of text, plus an additional 156 pages of hope the Senate would give the most serious appended material, bearing upon the consideration as it weighs this nomination through the record. for it seems to shed significant light on how Rather than clear away the cloud from matters raised at the hearings, and a the nominee might choose to maintain con over Mr. Kleindienst's nomination, the fold-out chronology more than 4 % feet fidence in law enforcement if another high longest confirmation hearings in the his long. This document was not produced office in the field is entrusted to his hands. tory of the Senate have done nothing to exhibit our long-windedness, but rath Yesterday, we discussed Mr. Kleindienst's but darken and deepen that cloud of sus er to set out as completely as we could inability or unwillingness to recognize a picion. Where we sought answers, we the issues which arose during the hear proposition made in his own office in the found only more questions. Where we ings, and to try to lay them out so that Department of Justice which federal prose the 1, 700 pages of testimony might make cutors and a jury later decided was an offer sought truth we found only evasion, de of a bribe. Subsequently, we will discuss yet ception, and an impenetrable screen of some sense to Senators who did not sit another event in the nominee's career, the poor memories, and a refusal to provide in the hearing room day after day. This ITT antitrust settlement, which we also be information. Very frankly, at least in my document by itself suggests the complex lieve the Senate should take heavily into ac mind, from some of those witnesses we ity of the issues, and is evidence as well count as it ponders how the cause of justice got thinly veiled lies. The inconsisten of the great lengths we had to go to in would be served by Mr. Kleindienst's stew cies, contradictions, unanswered ques order to present all of the contradictions ardship as Attorney General of the United tions, and incredible assertions run on and unanswered questions in coherent States. in an almost never ending stream form. Mr. BAYH. Mr. President, now how tnroughout the 7 weeks of testimony. This report is available to all of the do the people of the Nation feel when The preposterousness of some of the tes- Senators, and I hope that they will read June 2, 1972 CONGRESSIONAL RECORD - SENATE 19575 it, despite its length-or at least read Ordinarily I would have first seen Dick reason for the decision was the devastat the summary version, which is only 23 McLaren, but I understand that you, as Act ing financial consequences" to the ITT to ing Attorney General have already been con pages long. But I would like note for sulted with respect to the ITT problem. shareholders and its possible conse the record some 29 questions which to quence on the stock market. The official my mind have been left up in the air In the hearing Mr. Kleindienst, when Department memorandum-by which despite the hearings-29 questions which asked the basis for Mr. Walsh's state Mr. Kleindienst authorized the Antitrust to my mind bear directly upon the nomi ment that he, Mr. Kleindienst already Division to proceed with a settlement nation of Mr. Kleindienst, relating to the had been informed about the matter said which did not include the divestiture of issues raised by the ITT affair and relat he did not understand what Mr. Walsh Hartford-gave as its primary reason for ing to Mr. Kleindienst's legal responsi was talking about. Anybody who knows altering established departmental policy bility in that matter. It is a lengthy Lawrence Walsh, a distinguished mem in these cases "the projected adverse ef recitation but I believe it is worth putting ber of the bar knows that he usually fects on ITT and its stockholders. In before the Senate, so that it cannot be knows what he is talking about. So this, deed, as Richard Ramsden told the com said that this record is free from doubts too, is an unanswered question. mittee this was the only substantial find or suspicions. Any reasonable man who After this exchange-and three phone ing of his report, which the Justice De reads this record could come to no con conversations between Mr. Kleindienst partment relied on so heavily. clusion other than this: that there was and Mr. Walsh-the Department did in However, neither Mr. Kleindienst nor something that was not right about the fact delay its appeal. anyone else, was ever able to explain why ITT antitrust settlement. Now, perhaps Moreover, on April 20, 1971, Mr. Klein the adverse effects on the shareholders we may all be wrong-frankly I hope dienst met alone with Felix Rohatyn, the suddenly justified a change in strategy. that we are, and I would be the first ITT director and investment banker who As Judge McLaren told the committee, to admit it if it could be proven-but on had masterminded ITT's acquisition pol the financial effect on the shareholders the present state of the record, it would icy. At this meeting-of which Mr. Mc could not have been any surprise to him. require a good deal more investigation Laren was unaware-Mr. Kleindienst He stated: before we could be sure that we were was quite impressed with Mr. Rohatyn's Well, at the time we filed the Hartford wrong in our conclusion. And that is all statement of the economics dangers of case ... we could foresee that if we were that we are asking, that the Senate not the Hartford divestiture. Following this successful, this was going to have a massive rush to judgment on this matter until meeting, Mr. Rohatyn testified that-- financial effect. And yet, I did not feel that these questions have been laid to rest. Mr. Kleindienst directed that a full presen we had any right to back away from pursuing The members of the Judiciary Com tation be made to Mr. McLaren at a larger the case. mittee as has been stated earlier, had a meeting on April 29. Thus it is hard to believe that Judge lengthy opportunity to cross-examine Mr. Rohatyn met with Kleindienst McLaren really relied on the financial and examine some of the witnesses. How three more times before the final settle effect--the financial loss-to the share ever, they were denied access to some ment was announced-always with no holders as the basis for his about-face. of the others. Some questions that were others present. And at the crucial junc He told the committee he had known asked were not answered. However, at ture in the negotiations, when the De about that since filing the suits in the least we were there. The other 80-odd partment decided to propose a settlement first place. And, equally important, loss Members of the Senate did not have this to ITT on June 17, 1971, Mr. Kleindienst to shareholders was a legally irrelevant opportunity. It is for that reason that I and Judge McLaren together called Ro factor under well settl<.!d antitrust prece go into a degree of particularity in order hatyn from Mr. Kleindienst's office to dents. United States v. DuPont & Co., to spread on the whole record the con inform him of the terms. 366 U.S. 316 (1961). Again I quote Judge cerns evidenced by one member of the Finally, Mr. Rohatyn himself initially McLaren: Judiciary Committee. told Jack Anderson that he had "han And, in fa.ct, there is a Supreme Court These concerns resulted from a care dled some of the negotiations" with Mr. decision right on the point in General Mo ful review of the entire record, and al Kleindienst and Judge McLaren. Mr. tors-DuPont, where the Supreme Court says though each Member of the Senate must Kleindienst himself agreed that his per that if the parties put themselves in this determine for himself the wisdom of the sonal role--and I quote from the response kind of a. position that it is not a legal reason concerns raised by the Senator from In to the question I asked him- to forgive the violation of Section 7. diana I hope that my colleagues will go Resulted in the Government . . . moving If financial loss to shareholders is not through the necessary effort to make this from a position of prosecution to one of a legal reason for refusing divestiture, determination for themselves. negotiation. what reason did Mr. Kleindienst have for Now, let me lay out what I think of And he volunteered that he-- settling the case as he did? the unanswered questions regarding the This leads to a third unanswered ques ITT affair. Set in motion a series of events by which Judge McLaren became persuaded that ... he tion: Was the Justice Department justi The first unanswered question is ought to come off his position with respect fied in settling the ITT case because of whether the ITT settlement was "han to a divestiture of Hartford by ITT. some impact on the stock market or a dled and negotiated exclusively" by the In view of all this evidence, is the Sen "ripple effect" on the economy? Mr. antitrust division. Handled and negotiat Kleindienst cited the effect of divesti ed exclusively are the words Mr. Klein ate prepared to believe that Mr. Klein dienst is accurate when he maintains, as ture of Hartford on the stock market and dienst used in a letter on the subject he the economy when he formally approved wrote on December 13, 1971. He said in he does to this day, that Judge McLaren that letter, "handled and negotiated" the settlement the final decision to go ahead with a set "exclusively?" tlement of the ITT cases which did not The settlement between the Department involve Hartford Fire. But nowhere in of Justice and ITT was handled and negoti The second unanswered question is ated exclusively by Assistant Attorney Gen whether the Justice Department was jus the record is there any substantial, in eral Richard W. McLaren. tified in settling the ITT case because of dependent analysis of these supposedly the "financial hardship" to rrr share critical issues. But the record repeatedly belies that holders. Remember, Mr. Kleindienst le There was a great deal of reliance in allegation. In the finest place, Mr. Klein the hearings on the Ramsden report, that dienst met with John Ryan, deputy di gally bears the full responsibility for the decision to settle the case. Yet his ex the Ramsden report was the foundation rector of ITT's Washington office, at a planation for the decision he made is for the belief there would be a tremen social gathering, and agreed to hear per hardly convincing---certainly not con dous effect on the economy, a ripple ef sonally an argument by ITT's officers vincing enough to remove the cloud of fect on our economy, a loss in our bal that economic hardships would result doubt that hangs over his head. ance of payments. from divesting Hartford. The Justice Department, we were told, Mr. Richard Ramsden-the financial In the second place, an attorney re altered its position on the necessity of di analyst whose report was relied upon presenting ITT, Lawrence Walsh, phoned vesting Hartford Fire primarily because heavily by the Justice Department in ex and wrote Mr. Kleindienst asking at the of the devastating financial loss which plaining its decision-told the commit 11th hour for a delay in filing of the would come to the ITT shareholders from tee that his report simply was not in Government appeal in the Grinell case, such a divestiture. tended to-and did not-deal with any explaining that: Judge McLaren testified that the "real ripple effect the divestiture might have on 19576 CONGRESSIONAL RECORD - SENATE June 2, 1972 the economy. In fact, when he was asked That divestiture of Hartford would loss in ITT stock values as to create a at the hearings to make such an analy adversely affect the United States balance panic on Wall Street at a very vulnerable sis, Mr. Ramsden told the committee: of payments ... is tenuous and in any case not of any moment because of the magnitude moment. Richard Ramsden, the financial I would question very severely whether involved. expert called in by Judge McLaren to there would be any significant ripple effect. analyze the financial implications of the It is interesting to note that although divestiture, testified that in his opinion, Prof. Irwin Friend, Richard K. Mellon Mr. Kleindienst relied heavily on the professor of finance at the Wharto?1 there would be no such impact on the bal~mce-of-payments arguments, as the securities markets. As he stated: School of Finance and Commerce, Uni hearings wore on less emphasis was versity of Pennsylvania, made another The stock markets of the United States placed on this aspect. For example, on have roughly $1 trillion in security values in independent analysis and concluded that the first day of the hearings Mr. McLaren there were no "plausible reasons" to ex any given day, there can be-total value of assured the committee that his outside IBM alone can fluctuate as much a $1 bil pect serious repercussions on the stock "experts reported that there was sub lion--60 in my judgment it would be unlikely market or economy because of the stantial support" for ITT's arguments. that the kind of diminution in value that I divestiture. Later, on the fifth day of the hearings, outline in my report would have a significant Just why there was such concern over ripple effect in the security market. the drop in market value of ITT stock Mr. McLaren was asked to be more after a divestiture of Hartford was not specific about the balance-of-payments Moreover, the stock market investors clear. Mr. Ramsden told the committee argument. When prodded by Senator had known of the Government's suit that the stock market is so large today HART, Mr. McLaren admitted there had against IT!' for almost 2 years, and its that the value-to give but one example, been no real analysis of the basic issue: stock's price already reflected the possi of IBM stock alone could fluctuate $1 No, I would not say we had any such bility that Hartford would have to be billion in the course of a normal business analysis by way of proof in that mann·er, nor divested. any real qualification of how expensively it Finally, it was equally unreasonable day. Estimates of the loss to ITT share would be true. holders were approximately the same; for Mr. Kleindienst to base a decision to there was no reason to expect any extra Despite this lack of proof Mr. McLaren settle the ITT case on the assumption ordinary results on the market froz.n said he and his associates felt the argu that the impact on the stock market, such a change in share value. In addi ment "would be true to some degree," even if large, would have occurred dur tion the market had survived the im even though he did not know "exactly" ing the current period of crisis. For the pact of the DuPont divestiture of Gen the source of his own "feeling that there market would react to divestiture only eral Motors--an impact twice as large on would be danger." when it was finally ordered. And since a stock market half the size at the par Finally, I am compelled to ask: Was both the Government and ITT had sworn ticular time in question. the settlement justified by the possible to fight the matter through the courts, a And Judge McLaren specifically testi immediate impact on the stock market final divestiture order was at least 3 years fied that no other information from an of divestiture of Hartford by ITT? This away. Surely no one expected the tem independent source was obtained by the question is the fifth unanswered ques porary crisis in the security markets Department that would have justified tion. could last that long. these fears that there would be a deva A key argument made by ITT to the Thus all the reasons given by Mr. stating effect on the economy if Hartford Justice Department in support of its Kleindienst for the settlement are, upon Fire were divested. Judge McLaren said position that a divestiture of Hartford analysis, unconvincing at best and ex that other than ITT documents and the should not be required was that such post facto rationalizations at worst. If Ramsden report: a divestiture, and the resulting loss of Mr. Kleindienst really did base his deci sion on the reasons I have just discussed, I do not think there was anything further market value in ITT stock, could have a in writing. serious and negative impact upon the one must question his judgment. If, on Nation's securities markets at a time of the other hand, there were other reasons Indeed the Department's official mem great weakness and lack of investor con for the settlement, the Senate is entitled orandum' outlining and approving the de fidence. This argument was presented by to know them so that the cloud over Mr. cision indicates that there was never Felix Rohatyn to Richard Kliendienst on Kleindienst can be cleared away. much more than guessing to support April 20, 1971, and had special weight, Let me now move to another area these assertions. After outlining the con for, in Mr. Rohatyn's works, "as chair where there are unanswered questions sequences for ITT shareholder~ of a man of the New York Stock Exchange about Mr. Kleindienst's role in the ITT forced divestiture of Hartford Fire, the Surveillance Committee during that case. This is the sixth unanswered ques memo went on: period of financial crisis, I was concerned tion now, Mr. President. Did Mr. Klein Such being the case, I gather that we that so massive a divestiture might un dienst fulfill his responsibilities as Attor must also anticipate that the impact on TIT settle our securities markets, and with ney General in the ITT case? would have a ripple effect-in the stock mar As Acting Attorney General in the IT!' ket and in the economy. possible impact on some financial orga nization." Mr. Kleindienst, who testified cases, it was Richard Kleindienst's per Now what kind of basis is this for the that he was "quite impressed by the sonal responsibility to make the major settlement? None, I submit. And that assertions made by Mr. Rohatyn" stated decisions of prosecution and settlement. leads me to the fourth unanswered ques that Rohatyn had "terminated his re Mr. Kleindienst testified that he was not tion: Was the Justice Department justi marks by saying also if they accrued an antitrust la.wyeT and there relied fied in settling the ITT cases without these consequences to ITT-taking into fully and exclusively on Mr. McLaren's requiring divestiture of Hartford Fire be account the condition of the economy at advice in deciding whether or not to ac cause of balance of payments problems? that time, that it might have additional cept the proposed settlement of the ITT One of the main arguments advanced repercussions so far as the general stock cases. His final decision to support the by the Justice Department for not re market was concerned." settlement decision proposed by Mr. Mc quiring the divestiture of Hartford Fire This argument was being made at a Laren was made on the basis of a memo was the potential effect on the interna particularly sensitive period for the stock randum from Mr. McLaren to Mr. Klein tional balance of payments problem. The market, with a sharply declining market, dienst dated June 17, 1971. But as Mr. extent of this danger to the national and numerous brokerage houses going Kleindienst told the committee: economy could at best be described as de out of business, with possible serious I do not have any present recollection of batable. The Ramsden report stated: losses to investors. When Mr. Kleindienst having read it. Hartford is obviously not a major direct was asked if he was aware of the "rather It was clear, however, that it was not factor in I'IT's overall favorable balance of extraordinary" efforts that were being the contents of the memo but the recom payments posture. Hartford's impact is in made by the administration in that pe direct in terms of the balan'Ce sheet strength mendation from Judge McLaren which it adds to I'IT. riod to stabilize market conditions, he re made the difference-- plied that he was generally aware of the That is the only reason why I went along Prof. Irwin Frtend of the Wharton problems in the market, and the admin with (the decision). He recommended it. School, who did a separate analysis, as istration's efforts. Furthermore- I mentioned a moment ago, of this issue But it was wholly unreasonable and r have never tried to substantiate a rec during the hearings, concluded that the unwarranted to fear that a divestiture of ommendation or opinion of Judge McLaren argument: Hartford would result in such a massive from any other source. June 2, 1972 CONGRESSIONAL RECORD -SENATE 19577 He never even read the Ramsden He said that the Division generally In the ITT case he received no ma report: relied on outside analysts and the Treas terials or instructions from McLaren. He I have never seen it, never read it, never ury Department to do the necessary work did receive an IT!' economic memoran had it in my ha.nd, have no interest in it, a.nd of this kind. dum--described by Ramsden as "basic since these hearings I have not bothered to In this case the Justice Department did ally unsubstantiated opinions so far as read it. ask for help from Treasury, but they did I was concerned"-which Mr. Flanigan In short, therefore, Mr. Kleindienst not get anything that even remotely passed on to him. Mr. Flanigan testified told the committee that he all but dele resembled a careful analysis. Their "re that he acted merely as a conduit for gated the decisions in the rrr cases to port" was a telephone call from Mr. Mr. Ramsden's report and that he had Judge McLaren. Bruce MacLaury to Judge McLaren in dealt with Mr. Ramsden only because If this is so, Mr. President, then per dicating that, because he was switching Judge McLaren did not know how to con jobs and leaving Washington, he had not tact Mr. Ramsden. His only reason for haps Mr. Kleindienst is not mora~lY. r~ sponsible for the settlement--but if it is made a close study, but he generally getting into the case was his desire to founj "nothing wrong with the IT!' help out "another overworked public so1 did he perform his legal duties fully? Mr. Kleindienst's testimony in this presentation." The Treasury Depart~~nt servant." connection leaves a seventh question un has since issued a statement emphasizmg Continuing on this same theme, Mr. answered: Why did he play a significant that this had been an oral, informal re President I am forced to ask another ly di1Ierent role in the ITT case than in port, made on "the basis of information unanswer~d question, the 10th. Might the Warner-Lambert case? In Warner provided by IT!'." In short there was the conclusions of the independent Lambert, Mr. Kleindienst overruled Mr. never even an attempt to verify the data financial analysis have been improperly McLaren, who had suggested that he assembled by IT!'. influenced? block the upcoming merger of Parke It seems strange that the Justice De In order to assist Mr. Ramsden in his Davis and Warner-Lambert. Mr. Klein partment would choose to tum to an out analysis of the probable effects of a Hart dienst insisted strongly that the relation side analyst under these circumstances. ford divestiture, Mr. Flanigan gave him ship between the President and Elmer It was pointed out that the Antitrust only one document--an ITT document Bobst, the honorary chairman of the Division turned to Mr. Ramsden because entitled "The Economic Consequences of Warner-Lambert Board of Directors, had they had used his services previously on Divestiture of Hartford by ITT." Mr. nothing to do with his decision in the the LTV case. However, this ignores the Ramsden described this document as an case, even though Bobst had told re fact that when he performed the first advocate's brief which laid out ITT's porters that he spoke to people in the analysis Ramsden was in the employ of argument as to the disastrous economic White House about the proposed Govern the Government, and that when he was e1Iects of a divestiture: ment suit. Mr. Kleindienst said politics asked to do the IT!' analysis he had re It was in no way based on any facts; it was not involved in the decision not to turned to private life and was a partner was in no way based on any analysis of the allow the Antitrust Division to go ahead in Brokaw, Schenen, Clancy & Co., which data. and try to block the merger. Instead he manages investment portfolios of indi Mr. Ramsden testified that this docu reversed Judge McLaren because the viduals and institutions. ment was to assist him in focusing upon Antitrust Division had allowed only 6 Was there no one in Government who the object of the analysis he was to per days for a decision to be made on a case could do as competent a job? Neither form. Although Mr. Flanigan did give the which did not come exactly within the Mr. Kleindienst nor anyone else ever gave rrr brief, Mr. Ramsden was not pro Department's published guidelines; and an adequate explanation of why the Jus vided with any arguments or documents because he had relied upon a misstate tice Department did not ask the Treasury supporting divestiture. ment of fact which he received from Department, with its vast resources, to Another factor has to be taken into ac Parke-Davis officials whom he consulted do a more thorough analysis. At least count. At the time he made his analysis, with about the case. Mr. Kleindienst also Treasury could have been asked to make Mr. Ramsden's investment banking firm said that in his view- the study on the basis of their own data was managing two portfolios holding ap instead of relying on ITT presentations There wouldn't have been a significant im proximately $200,000 of ITT _stock .. No pact on competition had the merger come like the one given to Richard Ramsden. one who knew this thought this was im about. Another related unanswered question, portant. Mr. Ramsden considered this the ninth, is why did not the Justice De insignificant but informed Mr. Flanigan, He insisted that these grounds-in partment under Mr. Kleindienst get the cluding the highly technical assessment who agreed that there was no conflict. independent financial analysis, if needed, Mr. Flanigan does not seem to have in of the impact on competition-were ade by itself, instead of going through the quate for him-an admitted novice in formed Judge McLaren of the holdings White House? but Mr. McLaren testified that it would antitrust law-to overrule Mr. McLaren, Judge McLaren originally testified that the consumate expert in antitrust law on have made no di1Ierence to him even if he got the independent financial analy he had known. Judge McLaren refused whom he relied entirely during the ITT sis in the ITT case from Richard Rams case. Why, then, the proforma approval to say whether the ITT stock managed den, the same man who provided him by Mr. Ramsden's firm would have been in the ITT case? with similar analysis in the LTV case Mr. President, I have pointed out be worth less if Mr. Ramsden's report had when he was a White House fellow. "I been in favor of diverstiture. But ITT's fore that Mr. Kleindienst is legally re asked him to do this job." On March 7, sponsible for the decision to settle the whole presentation was based on this the fourth day of hearings, Judge Mc assumption. rrr case without requiring divestiture of Laren testified that while he had had Hartford. There are a whole series of Mr. Flanigan, it should be remembered, no independent recollection, it then ap testified that when he was Vice Presi questions left unanswered concerning the peared to him that he had not dealt with way the settlement was handled within dent of Dillon-Read had acted as invest Ramsden himself, but that he had re ment bankers for a company-Canteen the Department. One of these-and this quested Mr. Peter Flanigan at the White is the eighth unanswered question, Mr. when it merged with ITT. House to do so. In view of all this, can we say that the President--is why the Justice Depart Although Judge McLaren described ment felt it necessary to go outside the decision Mr. Kleindienst made to settle Mr. Flanigan as a mere conduit, it is in the lawsuit was in the public interest? I Government to a private broker to obtain teresting to note how much Judge Mc do not think we can be sure of that on a financial analysis of the proposed di Laren divorced himself from the ob vestiture? the record before the Senate. taining of the Ramsden report, and left Moreover, it is not clear whether ITT Neither Mr. Kleindienst nor anyone all the details up to Mr. Flanigan. Mr. was attempting to influence the outcome else answered this question satisfactorily. Ramsden testified that in the ITT case of the antitrust case through Peter Judge McLaren said that he had to go be had no contact with Judge McLaren. Flanigan of the White House sta1I. This, outside because the analysis could not All his instructions came from Mr. Mr. President, is the 11th unanswered have been handled in the Antitrust Divi Flanigan this time. In the LTV case he question. sion: had been involved directly with Judge When Peter Flanigan testified before We do not have in the Antitrust Division McLaren and received information, ma the Judiciary Committee he refused to an expert financial man, and we used this terials, and instruction from Judge Mc answer any questions dealing with his fellow that wrote the report that you have. Laren. contacts with ITT officials. However, in 19578 CONGRESSIONAL RECORD-SENATE June 2, 1972 response to written interrogatories from As to the meeting: acquire Hartford if it would divest itself the committee, Mr. Flanigan acknowl It is the kind of thing I wouldn't recol of Canteen and part of Grinnel. When edged that he had met with Felix lect. I can't recollect the dozen people I saw she testified in Denver, however, she de Rohatyn, ITT director, on June 29, 1971, three days ago. nied discussing "terms" with the Attor the same day that Mr. Rohatyn was So we do not know the extent of the ney General, but confirmed her effort to meeting with Richard Kleindienst. Mr. conversations between Mr. Flanigan, press the subject with him on three or Flanigan stated in his answer that this the President's ambassador to big busi four occasions during the dinner. She meeting was "one of a series of meetings" ness, and Mr. Kleindienst, who reached said that the Attorney General "got with Mr. Rohatyn "in his capacity as an agreement with ITT. Nor do we know, mad and said plenty, which I de chairman of the Surveillance Committee Mr. President, whether the White House served"-a statement directly contrary to of the New York Stock Exchange." How exerted pressure on John Mitchell to her later interview with Mike Wallace, in ever, Mr. Rohatyn had already resigned settle the ITT case. This is the 13th un which she said "Mr. Mitchell was most as chairman of the Surveillance Com answered question. charming.'' This testimony conflicted mittee more than 3 weeks before meeting Mr. Mitchell, then Attorney General with the Attorney General's original ac with Mr. Flanigan, and his resignation and now running the campaign to re count of having no more than a "hello had been the subject of a large news story elect the President, had, we were told, and goodbye" conversation with Mrs. in the New York Times on June 21. In disqualified himself from the ITT case. Beard. But when the Attorney General fact he was not even a member of the But Brit Hume testified that Mrs. Beard testified in person, after Mr. Hume, he surveillance Committee-let alone the told him she had pressed the ITT case confirmed two or three separate encoun chairman of the committee-when he upon the Attorney General, and that ters with Mrs. Beard during the dinner, met with Mr. Flanigan on June 29. At Mr. Mitchell began "to berate her although he insisted that he reproached this meeting with Mr. Flanigan, Mr. angrily" for ITT's lobbying so vigorously her for approaching him and refused to Rohatyn brought up the settlement terms against the lawsuit over the past year discuss settlement terms. of the ITT antitrust suits and com and that "the White House, even the Sixteenth, Mr. President, we do not plained to Mr. Flanigan that the terms President had called him," urging him to know the answer to this question: If John were "unacceptable to the company.'' Mr. "make a reasonable settlement.'' While Mitchell really disqualified himself in the Flanigan states in his letter to the com Mr. Mitchell denied having said this, the ITT case because of a conflict of inter mittee that he told Mr. Rohatyn to take allegation appears to be corroborated in est, why did he meet with ITT President it up with Judge McLaren. He also directly by the evidence showing massive Harold Geneen on August 4, 1970? stated that he spoke to Mr. Kleindienst and persistent lobbying of the executive Attorney General John Mitchell testi and informed him of Mr. Rohatyn's visit branch by ITT. Moreover, it seems to be fied that he disqualified himself from and his complaint. directly corroborated by Governor Nunn's participation in all IT!' cases because his This, Mr. President, brings us to an testimony that the Attorney General was former law firm had done legal work for other unanswered question, the 12th, "right vehement" in telling Mrs. Beard ITT. However, on August 4, 1970, he met and one of the most important of all. that he "did not like the pressures that alone in his office with ITT President This whole inquiry has been made to de had been brought." Harold Geneen for 35 minutes "to dis termine if any illegitimate influences This leads, Mr. President, to the 14th cuss the overall antitrust policy of the were brought to bear when Mr. Klein unanswered question: Did ITT order department with respect to conglom dienst agreed to settle the ITT antitrust Mrs. Beard to discuss its antitrust prob erates". Geneen also alleged that their suit on terms agreeable to the company lem with the Attorney General? conversation was confined to "general namely, no divestiture of Hartford. It When Mrs. Beard found she was likely antitrust policy.'' But at the time of this is therefore appropriate to ask, Mr. to run into the Attorney General at a meeting on general antitrust questions President, whether Mr. Kleindienst ever party following the Kentucky Derby, she with respect to conglomerates, the Jus talked to anyone at the White House informed her bosses, Mr. Merriam and tice Department had only four lawsuits about the ITT case? Unfortunately, this Mr. Gerrity of ITT. In an interview with pending against conglomerate mergers simple question is also not answered by Mike Wallace on April 2, 1972, she said and three of the four involved ITT ac the record. that they told her to ask about the ITT quisitions. And Mr. Gerrity, ITT's senior Mr. Kleindienst testified: Hartford case "if the occasion arose, if vice president and director of public You asked me did I discuss the rrr mat there is a possibility." However, Mr. Mer relations, testified that the purpose of ter with the White House. I do not recollect riam testified that he had "never given Geneen's meeting with Mitchell was to doing so. her any instructions * * * to discuss see if we could move the Justice Depart Much later, after Peter Flanigan's anything about the antitrust matter with ment toward some sort of a reasonable role in the case had been fully revealed, Mr. Mitchell anywhere." And Mr. Ger attitude toward our positions-on a set he admitted that he knew that Mr. Mc rity testified that he had actually "told tlement, I guess-involving our antitrust Laren had used White House aide Peter her just not to talk to the Attorney Gen suits. Flanigan to get the Ramsden Report. eral about our antitrust matters." As is The allegations concerning Mr. Mitch However, later that same day he said all too common in this inquiry, we do ell's involvement in the settlement of the that he only knew about Mr. Flanigan's not know what really happened. ITT affair stem, as indeed did the im involvement from the testimony Mr. Mc Another unanswered question, the 15th petus for investigating the case, from a Laren had given to the committee earlier. is: Did Dita Beard and John Mitchell memorandum written by Mrs. Dita About his possible dealings he was quick discuss settlement terms for the ITT case Beard, Washington lobbyist for ITT, and to add: when they met in Lexington, Ky., on released to the public by Mr. Jack Ander I had no conversation with Mr. Flanigan, May 1, 1971? son. Mrs. Beard now claims that she did though. It is well-established that Mrs. Beard not write the memorandum Mr. Ander and Attorney General Mitchell met and son published. This, Mr. President leads Peter Flanigan's recollection is some to the 17th unanswered question: Can we what different. He told the committee discussed the ITT case during a buffet following the Kentucky Derby on May 1, believe Dita Beard's denials that she that he telephoned Mr. Kleindienst to wrote the memorandum Jack Anderson tell him the Ramsden Report was ready 1971, at Governor Nunn's mansion. Britt Hume testified that Mrs. Beard told him presented to the committee? and that Kleindienst told him to hold she had pressed the ITT case upon the Only very late in the investigation of the report until Judge McLaren's return. Attorney General, and that Mr. Mitchell the I'IT affair did Mrs. Beard begin to He also indicated that Mr. Kleindienst deny in public that she wrote the memo was with Judge McLaren when Mr. began "to berate her angrily" for lobby randum. For a month before March 17, Flanigan personally delivered the report. ing vigorously against the lawsuit over Mrs. Beard consistently admitted she On both counts Mr. Kleindienst's recol the past year. Hume testified that Mrs. wrote it, except, it is claimed, in a single lection is hazy. As to the telephone call: Beard said that after the Attorney Gen conversation with Congressman BoB I can't ever recall that it occurred, but it eral's "angry lecture" to her, they pro WILSON. Let me run through a chronol is extremely-well, I guess it did occur be ceeded to discuss the details of an anti ogy of the relevent events. cause Mr. Flanigan remembers that it oc trust settlement, finally reaching a "kind On February 23, 1972, Mr. Britt Hume curred. of politician's agreement" that ITT could showed the memorandum to Mrs. Beard June 2, 1972 CONGRESSIONAL RECORD - SENATE 19579 and he later testified that "she did ac have the answers; I just have unan As Mr. Merriam put it in his testimony knowledge this was authentic." Then on swered questions. "you would be surprised" at the num February 24, 1972, Mr. Tagliareni, ITT Let me continue on the general topic ber of memos he sees every week which security man, told Mr. Merriam, ITT of the Beard memorandum. When, Mr. refer to matters like that in the Beard Washington office that he had spoken President, was the Beard memorandum memorandum Jack Anderson released. to Mrs. Beard and that she told him that written? This is the 18th unanswered Apparently, ITT was willing to accept she had prepared the memorandum and question. the Beard memorandum at face value- delivered it to Mr. Merriam. Later that The FBI examined the Anderson with its allegations of corruption-and same evening, Britt Hume again met memorandum and concluded that there decided to be certain that other "em with Mrs. Beard. Hume later testified was no evidence that it was prepared barrassing" documents were not un that she said : at any other time than around June 25, covered. I wrote this memo. You know I wrote this 1971, and that there was evidence to But I am not now concerned with memo. There is no use trying to pretend suggest that it may have been prepared other arrangements. I question only the otherwise. around June 25, 1971. The ITT docu reasons for settling the ITT antitrust ment experts, Pearl Tytell and Walter cases. Thus, I have another unanswered On February 29, 1972, Mrs. Beard spoke Mccrone, both concluded that the question, the 21st: Did ITT shred docu to Dr. Liczka, her physician, and did not Anderson memorandum probably was ments concerning the antitrust settle deny the memo. It was the doctor's im not typed at the time it was dated, ment or the San Diego convention? pression that she accepted it that was her June 25, 1971, but rather at some date ITT has consistently claimed that memo. Between February 29 and March in 1972. Subsequent to the ITT docu "there was nothing that related to 1, 1972, Mrs. Beard, having been ordered ment analysis the FBI performed ad either" the antitrust settlement or the to New York by Mr. Gerrity, an ITT vice ditional tests and concluded that the San Diego convention in the documents president, spent a day and a half with results of the further FBI test were "con that were shredded. If this is true, where him and other ITT officials. During this sistent with and-do not change in any is the memorandum which Mrs. Beard time, according to Mr. Gerrity's testi manner" the earlier FBI results. ITT's claims to have written-a memorandum mony, she did not deny having written document experts were paid approxi which, by her own statement, discusses the memorandum. mately $15,000 for their services by ITT. ITT's $400,000 commitment to the con February 29, 1972, of course, was the On this record, is anyone prepared to vention, and Mitchell's knowledge of it. day that Jack Anderson's column ap answer the question I posed? I doubt it. No one has ever produced this memoran peared. The column stated: Nor, I submit, is the answer to this ques dum, which is the most important docu Mrs. Beard acknowledged its (the memo's) tion, the 19th, to be found in the record: ment Mrs. Beard admits writing. If it authenticity. Did ITT order Dita Beard to deny that was not shredded, where is it? If it was On March 1, or March 2, 1972, accord she wrote the memorandum? shredded, why? ing to later testimony by Congressman Mrs. Beard testified that Gerrity This leads to another, crucial unan BOB WILSON, Mrs. Beard called him after ordered her to meet with Brit Hume and swer~d question, Mr. President; the 22d: her meeting with ITT officials in New explain the memorandum, though she Did Dita Beard write another-still miss York and said she did not write the did not want to do so. According to ing-memorandum concerning ITT and memorandum. But on March 3, 1972, Hume, when they did meet, Mrs. Beard the financing of the Republican conven Congressman WILSON was interviewed said that: tion in San Diego? Mrs. Beard now denies writing the by Robert Cox about the memorandum. They wanted me to tell you that I made He did not tell Cox that Mrs. Beard had this up. memorandum which Mr. Anderson pre sented to the committee as prepared by denied that she wrote it. Mr. WILSON did But according to Hume, Mrs. Beard her. She claims that she wrote another tell Cox that: said she would do no such thing. Indeed, memorandum-one that contains the She (Dita Beard) just went rambling on in Mrs. Beard said, according to Hume: substance of the first three paragraphs the memorandum. I wrote this memo. You know I wrote this of the memorandum Mr. Anderson pre And that Mr. Merriam had instructed memo. There is no use trying to pretend sented. No one has ever found this mem Mrs. Beard to write a memorandum on otherwise. orandum. The only relevant document the ITT-San Diego Convention financing Gerrity testified that he did not order which ITT has produced is a memoran arrangements. There has been no satis Mrs. Beard to speak to Hume, but that dum dated June 25, 1971, from Mrs. factory explanation why Congressman she had requested permission to do so. Beard to Mr. Merriam concerning the WILSON did not tell Cox what he claims Gerrity also said he did not tell Mrs. way she was spending her time. Mrs. Mrs. Beard told him. Beard to deny that she wrote the memo. Beard confirmed this "job description" Then, on March 17, 1972, Dita Beard ITT stands accused of bringing im memorandum as her own. from her hospital room in Denver, called proper pressure on the decisionmakers The unfound memorandum which Mrs. the memorandum a "forgery" and a in the administration. They and Mr. Beard claims to have written at Mr. Mer "hoax". In response to this, on March 23, Kleindienst both claim there was noun riam's request-if it really was written 1972, Brit Hume took a polygraph test. due influence. One must wonder, then, would confirm that the ITT commitment He was asked whether Mrs. Beard had Mr. President, why ITT shredded docu was $400,000 for the San Diego conven explicitly confirmed that she had writ ments in its Washington office after it tion, that the participation of ITT was to ten the memo. He answered "yes". The learned of the Anderson column. This is be kept secret, and that high-ranking examiner concluded that Hume answered the 20th unanswered question. administration officials-John Mitchell, the questions "truthfully." Finally, on ITT's Washington office, the day after Bob Haldeman, and Mr. Nixon are named March 26, 1972, Dita Beard testified be Hume produced the memorandum, began in the memorandum, it is said-knew fore a special subcommittee in the Den to destroy documents. A preliminary re about the ITT contribution. ver hospital. She said: port by a team of lawYers hired by ITT The unfound memorandum was, Mrs. I did not write, compose or dictate the en Beard says, written at Mr. Merriam's re to investigate the shredding indicated quest. Susan Lichtman, Mrs. Beard's sec tirety of the memorandum which Mr. Hume that "many sacks of papers," a "sub presented to me in the Washington office retary at the time, stated that: "She did of ITT last month. I do recall similar lan stantial" volume, were destroyed. How not recall typing a memorandum dealing guage in the first part of that memorandum ever, John Ryan, deputy director of with the San Diego convention which which I wrote at sometime last June or early ITT's Washington office, testified that in contained parts of the first three para July of 1971, a.t the request of Mr. Merriam. his opinion "the shredding thing has graphs of the memorandum Mr. An been grossly exaggerated." Mr. Merriam derson presented. But Mr. Merriam She also said: issued the order to destroy any corporate I now state categorically to this committee testified that he did not ask Mrs. that I did not write the Anderson memo records which might "embarrass the Beard to put anything in writing about randum. company." Asked why, he replied that: ITT-Republican Convention financing, There might have been a lot of others in and testified that he never received any Mr. President, whom can we believe? there like the one which Jack Anderson pub thing from Mrs. Beard on this topic. Yet What are the facts? I do not pretend to lished on February 29. Congressman BoB WILSON testified that: CXVIII--1234-Part 15 19580 CONGRESSIONAL RECORD - SENATE June 2, 1972 Mr. Merriam told me he had seen such a This leads me to the 25th unanswered private commitments. Mrs. Beard, on the memo (like the one Mr. Anderson presented) question: What is Dita Beard's real other hand, testified in Denver that Mr. and thought he gave it back to Dita. physical and mental condition? Merriam of ITT told her of a White ITI' claims that it did not shred any It has been reported to the committee House phone call and asked "is this documents "related to either" the anti throughout these proceedings that Mrs. $600,000 going to Nixon's campaign?" trust settlement or the San Diego con Beard has a serious heart condition. Dr. One person who, on the record, should vention. If that is so, where is the memo Liczka testified that Mrs. Beard suffered have known the arrangements between randum Mrs. Beard claims to have from "severe coronary heart disease." ITT and the San Diego Republican Con written? Mrs. Beard herself collapsed in her hos vention was John Mitchell. He was the And where, Mr. President, is the truth? pital bed while being interrogated by President's top political adviser, his 1968 Where is the answer to this question Mr. Senator GURNEY about her relationship and his 1972 campaign manager. Yet President, the 23d unanswered question: with Mr. Kleindienst. And after that Dr. when he testified, Mr. Mitchell pleaded Ca.n we rely on the testimony of Mrs. Radetsky expressed the opinion that she ignorance. This is the 27th unanswered Beard's physicians when one of them could not safely testify again for 6 question: Can it really be, as John and the wife of the other-are currently months. Mitchell testified, that as late as March under investigation for medicare fraud? But it has since been found that Dr. 14, 1972, he did not as of this date know Dr. Liczka had been under investiga Liczka and Dr. Radetsky have both re what arrangements, if any, exist between tion for medicare fraud, and the U.S. cently been under investigation for medi ITT or the Sheraton Hotel Corp. and attorney involved had decided not to care fraud. And two independent and the Republican National Committee, or prosecute him less than 2 weeks before leading cardiologists in Denver ex:tmined between ITT or any of its subsidiaries he testified. But an investigation of Dr. Mrs. Beard at the request of the com and the city of San Diego or any agency Liczka's wife for medicare fraud was mittee and reported that a conclusion thereof? continuing at the time he testified. In of "possible coronary artery disease" Although there is dispute whether the deed, a Federal grand jury was sched could be based only on "subjective infor briefing took place in April, May, or Sep uled "to consider the evidence against mation" such as her history of chest tember 1971, the Lieutenant Governor Dr. Liczka's wife to determine whether pain. These doctors further stated that of California, Ed Reinecke, testified that an indictment is warranted" during the "there was no positive objective finding he and his aide, Edgar Gillenwaters, had week of March 13, 1972. At the time of from the physical examination, electro briefed John Mitchell with respect to Mrs. Beard's testimony, Dr. Radetsky, cardiogram or chest X-ray" to confirm the ''progress" that was being made re Mrs. Beard's osteopathic physician in a diagnosis of coronary disease. Then, garding the arrangements for the Re Denver, was also under investigation for soon after the special subcommittee publican National Convention in San medicare fraud. hearing in the Denver hospital at which Diego. Mr. Reinecke and Gillenwaters Even more important is this question, she collapsed, Mrs. Beard gave a lengthy gave Mitchell a "complete report on the the 24th, because it directly calls into public interview on national television. efforts to have San Diego selected as host question the judgment of Mr. Kleindienst Mrs. Beard's mental condition was city for the convention," according to and those who will work with him if he called into question by Dr. Liczka, who Reinecke's testimony. Included in that is confirmed: Why did not the Justice testified that she was "irrational and dis "complete report" to Mitchell was a re Department inform the Judiciary Com turbed." He stated that her deficient port of the financial arrangements, in mittee of the legal problems of Mrs. mental condition could have been the cluding ITT's financial commitments. Beard's two physicians before the Judi result of her heart condition, her drink Mr. Reinecke and Mr. Gillenwaters both ciary Committee relied on their views? ing, and the pills she took. None of the testified that, in addition, they briefed Dr. Liczka spoke in person with rep persons who worked with Mrs. Beard John Mitchell about security arrange resentatives of the Justice Department Mr. Geneen, Mr. Gerrity, Mr. Merriam, ments being made to protect the conven twice before he testified---once 3 days Mr. Ryan-or Congressman WILSON, tion. before the committee hearing at which who also knew her well, would confirm Lieutenant Governor Reinecke also told he stated that Mrs. Beard was "dis this opinion. Indeed, Mr. Geneen, presi Senator TuNNEY, in a telephone call on turbed and irrational" and once again dent of ITI', said that in the 10 years March 14, that unless he was "subject the night before that hearing. Mr. Klein Mrs. Beard worked for ITT: to a failing memory" that he had dienst originally stated to the press that I know she did her job well. "brought up the $400,000 to be given to he was aware of Dr. Liczka's legal prob the city of San Diego to bring the con lem before Dr. Liczka testified. However, He testified: vention to San Diego" in his conversa when asked, Kleindienst testified that I have no reason to believe she was not tion with Mr. Mitchell. he did not know about Dr. Liczka's legal a good employee. Mr. Reinecke and Mr. Gillenwaters told problems until after Dr. Liczka testified. The focal point for the investigation reporters from the San Diego Union, the Dr. Radetsky-whose medical opinion was the allegation that the settlement of Sacramento Bee, the Washington Star, it was that kept the committee from the ITT case was influenced by ITT's and the Washington Post, as well as the questioning Mrs. Beard after her col financial assistance to the San Diego Re wire services, that they had met with lapse in Denver-had been under inves publican Convention-since moved to Mitchell and briefed him with respect tigation for medicare fraud by the U.S. Miami. There is so much contradiction to the convention arrangements, includ attorney's offi.ce. Henry Peterson, Assist and confusion about this issue that we ing the ITT contribution. ant Attorney General in charge of crim do not even know the answer to this Brit Hume testified that Mr. Gillen inal division, testified that no one in the question, Mr. President, the 26th: Just waters told him that he and Lieutenant Justice Department had been aware of how much money did ITI' agree to con Governor Reinecke had briefed Mr. the investigation until after Mrs. Beard tribute to the Republican convention? Mitchell with respect to the convention had been interviewed by the special sub The original Beard memorandum of arrangements, including ITT's contribu committee. Senator KENNEDY has pro June 25, 1971, refers to a "call from the tion. Mr. Hume testified that Mr. Gillen duced statements indicating that Patrick White House" and mentions a "400,000 waters told him that Mr. Mitchell en Gray, Deputy Attorney General, was in commitment," and-subsequently-"the couraged the efforts to bring the con formed by the U.S. attorney in Denver 300,000/400,000 commitment." This fig vention to San Diego. of the investigation of Dr. Radetsky. ure seems to be corroborated by Con When Senator TuNNEY pointed out to As I said before, the impetus for the gressman WILSON'S testimony that: Mr. Reinecke that Mr. Mitchell would abbreviated investigation the Judiciary Mr. Geneen suggested that 1f I would take probably contradict his testimony, Mr. Committee held was Mrs. Beard's memo the lead he thought Shera.ton would under Reinecke replied: randum. The issues since then have gone write up to $300,000 and-then told me he Well, all a person has is his integrity. would see that they backed me personally far beyond the memorandum itself, and How, then, could Mr. Mitchell not have the case no longer stands or falls on the for half the total amount needed, which would be $400,000. known about the arrangements, Mr. memorandum's complete accuracy. But President-how? Mrs. Beard is still a major figure. The However, Mr. Geneen insists that the Closely connected to this question is Judiciary Committee only interviewed pledge was for only $100,000 in cash and the following one, No. 28. Can we be her for 2 hours, because of her health. an additional $100,000 to match other lieve that Reinecke and Gillenwaters June .2, 1972 CONGRESSIONAL RECORD - SENATE 19581 Mr. Geneen testified that I'IT's San result of the fact that a grand jury had re briefed John Mitchell about the "prog turned an indictment. That was about all ress" of their "efforts to have San Diego Diego contribution was a "normal promo the conversation that existed. selected as host city" for the Republican tional expense" and a "solid business ex Mr. Kleindienst later testified as follows, Convention 2 months after San Diego penditure." But this statement seems under cross examination, on his report to had already been selected as host city open to substantial challenge, regardless the Attorney General about this meeting on for the convention? of whether the I'IT commitment was December 1, 1970, a full week after it had Lieutenant Governor Reinecke of Cali for $600,000, $400,000-as the bulk of the occurred. fornia testified that he gave John Mitch evidence suggests-or $200,000, as Mr. Q. And it (the report) was made, was it Geneen maintains. Indeed, the largest not, after you were informed that on that ell a "report" on the "progress" of the very day there was going to be an electronic "efforts to have San Diego selected as hotel operator in the San Diego area surveillance in the New Senate Office host city for the convention," including ITT Sheraton, even when its new hotel Building? a discussion of ITT's financial commit opens, will be only second largest-com A. No. It was after I had been shown a ments, but not until September 1971. mitted only 12 percent of the amount ad memorandum dated November 30 addressed This statement conflicts with repeated mitted by Mr. Geneen. And he told the to the Attorney General from the Director earlier statements by Reinecke and his Los Angeles Times that: of the FBI which had reference to Mr. Carson.... aide Edgar Gillenwaters that they had The convent ion is the greatest thing that Q. Well, didn't you say that you had been met with Mr. Mitchell in mid-May of ever happened to San Diego, but that 24,000 informed or advised that there was sched 1971-before the antitrust settlement de bucks is enough. uled to occur that morning an electronic cision in June-to discuss their efforts to Mr. President, there is another issue surveillance? bring the convention to San Diego and wholly apart from any of the questions A. I received that information. the arrangements for the convention, in raised with regard to the I'IT affair Q. Yes. cluding ITT's financial contributions. A. That's what it was about. which itself raises the most serious ques Q. And it was after you received it that First, Lieutenant Governor Reinecke told tions with respect to Mr. Kleindienst's you wrote this memorandum? Senator TUNNEY in a telephone conver fitness to be Attorney General of the A. Yes, sir. sation on March 14 that he and Mr. Gil United States. This is the case of Robert Later, still under cross examination, the lenwaters had briefed Mr. Mitchell in Carson which has not been mentioned then Deputy Attorney General testified that May about their efforts to "bring the once by my colleagues who are supporting he had given no thought to the $100,000 offer convention to San Diego." Second, Mr. Mr. Kleindienst. They did not raise it in the week that elapsed before he saw the Reinecke and Mr. Gillenwaters told re in their report approving his nomination, FBI memorandum and made his report to porters for the San Diego Union, the the Attorney General. He also testified that nor have any of them mentioned it in during the week, he did not consider the Sacramento Bee, the Washington Star, their statements here on the Senate :floor. conversation with Mr. Carson to have con the Washington Post, and wire service I consider the matter too important to tained a bribe offer. Subsequently Mr. Carson reporters, that their meeting with Mr. be ignored. was convicted of perjury and conspiracy to Mitchell to discuss the convention had Mr. President, I ask unanimous con commit bribery. taken place in May. Third, Brit Hume sent at this time that an editorial from At his confirmation hearing, Mr. Klein testified that Mr. Gillenwaters told him the Washington Post dated the first of dienst refused to discuss the Carson case, that he and Mr. Reinecke had met with the trial portion of which had already been June 1972, be placed in the RECORD, concluded by the sentencing of the defend Mr. Mitchell in May to report their ef dealiiig with the precise question which forts to bring the convention to San ant. I wish to discuss briefly here. It has often been said in this city that the Diego, and that Mitchell had encouraged There being no objection, the editorial President should be given great latitude in them in their efforts at that meeting. was ordered to be printed in the RECORD, choosing the men who will work in the Within 24 hours of John Mitchell's as follows : cabinet and in the great departments of gov testimony before the committee on ernment helping him to bear the enormous March 14, Lieutenant Governor Rei THE KLEINDIENST NOMINATION-I burdens of governing the country. There is necke's office received a telephone call, The nomination of Richard G. Kleindienst much in this, but it cannot and should not to be Attorney General of the United States be the Senate's sole guide for determining the origin of which is allegedly unknown, finally went to the Senate floor yesterday as Mr. Reinecke testified that the secre whether to confirm a nominee. The Ameri after the longest committee hearings ever can people have a large stake and some very tary who took the call did not bother to held on such an issue. The questions of fact, real expectations, if not rights, in the matter ask who was calling. The caller suggested judgment and omission raised by the hear too. The people, it seems to us, have a right that Mr. Reinecke's office "check your ings are both numerous and complex. We to expect that the men upon whom the Presi records" because John Mitchell's testi will comment here today on only one aspect dent relies for advice and judgment in a mony was in conflict with Mr. Reinecke's of the proceedings-an incident which the wide variety of matters and to whom he earlier statement about the May meet Judiciary Committee barely touched on in delegates a substantial amount of his au its examination of Mr. Kleindienst's qualifi thority should know their business and be ing with Mr. Mitchell. Mr. Reinecke im cations to be At torney General, and which mediately issued a statement saying that able to exercise good judgment in both involved Mr. Robert T. Carson, former ad times of tranquility and great stress. he had been in error, and that the meet ministrative assistant to Sen. Hiram Fong Although government prosecutors and a ing with Mitchell at which the efforts to (R-Hawaii), who was tried last year in a jury regarded Mr. Carson's offer as an at bring the convention to San Diego and federal district court in New York for per tempt at bribery, Mr. Kleindienst not only the convention arrangements, including jury and conspiracy to commit bribery. Dur testified that he did not so regard it when ITT's contribution, were discussed, had ing Mr. Carson's trial on these charges, Mr. he heard it, but also that he had entirely Kleindienst, then Deputy Attorney General, dismissed the $50,000 to $100,000 offer from really been in September and not in May. was a principal witness for the prosecution. It defies logic, however, that this meet his mind for a whole week. A careful read Under the prosecutor's direct examination, ing of his testimony seems to indicate that ing with Mr. Mitchell-who maintained he testified about a meeting between Mr. only after he saw the FBI memo on the Car before the committee that he knew noth Carson and him~elf which had taken place son case indicating that Mr. Carson and Sen ing at all, even today, with respect to the in the Department of Justice. ator Fong's office were to be placed under arrangements for the convention Q. Now, would you tell the court and jury electronic surveillance, did he both recon should have taken place in September what Mr. Carson said to you and what you sider his view of the offer and decide that treating as it did, the "progress" of ef said to him on November 24, 1970? the matter was of sufficient import to report A. Well, after we had exchanged pleasan it to the Attorney General, which he then forts to ''bring the convention to San tries, Mr. Carson sat down in a chair in Diego"-2 months after the site commit did, post haste. front of my desk and said that he had a Both because this whole matter, at the tee of the Republican National Conven friend in New York who was in trouble, and very least, raises real questions about Mr. tion Committee had already on July 23, that if I could help him with respect to his Kleindienst's judgment and his legal per selected San Diego as the site for the Re trouble, his friend was a man of substantial spicacity, and because of the Judiciary Com publican National Convention in 1972. means and would be willing to make a sub mittee's inordinate delicacy in deferring its The truth seems an elusive concept in stantial contribution of between 50 and 100 thousand dollars to the re-election of brief consideration of this issue to the very this case, Mr. President. President Nixon. last day of a 24-day hearing, it seems to us The answer to the 29th question is I asked him what kind of trouble this man that the Senate has a responsibllity to the equally hidden from our view: Was the had. Mr. Carson said he was under indict citizens of this country to examine this amount of the ITT .contribution a "nor ment for federal offenses, and I said that particular lncldent--among others-with the mal promotional expense" as Mr. Geneen under no circumstances could I do anything greatest care. We will have more to say later testified? a.bout this matter, even look into it as a a.bout two other 'incidents-one the cele- 19582 CONGRESSIONAL RECORD-SENATE June 2, 1972 brated IT!' atfair, and the other having to ment's leadership, the destructive attitudes the sworn testimony of Richard Klein do with a District Attorney in San Diego- of cynicism and resentment rapidly gather dienst before a Federal court in New which we think bear directly upon Mr. Klein force. York at the trial of the man who offered dienst's fitness to become the chief law en The six weeks of Senate Judiciary Commit forcement officer of the land. tee hearings on Mr. Kleindienst's nomination him the bribe. The man was convicted, were inconclusive on many issues of fact. But on the basis of his offer to Kleindienst, Mr. BAYH. And I would also ask they wrote a compelling indictment of the of perjury and conspiracy to commit unanimous consent to insert today's edi nominee as evasive, disingenuous and crass. bribery. torial from the New York Times, which He consistently tried to conceal the extent Now what are the questions that are also mentions the Carson case in dis and nature of his involvement in the politi raised by these facts? The first is, why cussing the Kleindienst nomination. cally motivated I.T.T. settlement which un dercut an important legal position that the did not Mr. Kleindienst think that it There being no objection, the editorial Antitrust Division had been asserting for was a bribe offer when a man he knew was ordered to be printed in the RECORD, two and one-half years. came to him and offered to procure a as follows: In the bribery case involving Robert T. $100,000 contribution to the President's THE KLEINDIENST CASE Oairson, administrative assistant to Senator reelection campaign if Mr. Kleindienst Ideally, an Attorney General should be a Fong of Hawaii, the most that can be said would fix a criminal case? lawyer, highly regarded for his professional for Mr. Klelndienst's peculiar actions is that After all, Mr. Kleindienst did turn the attainments and wise, discriminating judg he must be remarkably obtuse. Mr. Carson off er down. He did tell the man that ment. Although aware of political necessities, allegedly offered Mr. Kleindienst a. large polit ical contribution in exchange for quashing he could not do anything, because the he ought not be a partisan in a narrow or matter had already gone past the in combative sense. To the President, he should a criminal case, but Mr. Kleindienst did not be a sagacious counselor able to take a long report the matter for a. week and only after dictment stage. So why was it that he did view in the rush of immediate events. To the learning that the F.B.I. was "bugging" Mr. not recognize what seems clearly to have public, he should be-along with the mem Carson's office. In the Stewart case involving been a bribe for what it was? Unfortu bers of the Supreme Court--one of the ulti the flagrant obstruction of justice in a. San nately, Mr. Kleindienst refused to help mate guardians of justice. Diego investigation of lllegal political con us clarify this issue. It is sad but not historically unprecedented tributions Mr. Kleindienst joined in hushing Another question is why he did not that Richard G. Kleindienst, whose confirma up the atrair. Men can grow as Attorney General as other report the off er until he found out that tion is now under Senate debate, falls short Carson was under FBI investigation, in of these high standards. At least half of the men grow as President. When Robert Ken men who have headed the Justice Depart nedy was appointed in 1961, he seemed a. per cluding an imminent electronic surveil ment in its long history have failed to meet son of narrow views and inadequate exper lance. What conclusions can one draw them. Mr. Kleindienst is a lawyer of no par ience, but in almost every respect he rose to from the facts here? That Mr. Klein ticular distinction and a routine politician. the challenge of his high office. It ls possible dienst thought that if the FBI was in But those facts do not preclude his confir to believe that Mr. Kleindienst would re vestigating Mr. Carson there must have mation inasmuch as American tradition gives spond similarly. Yet there is little in hls been something wrong with what Mr. a. President wide latitude in choosing his record to encourage that hope and much to suggest that it would be unwise to take the Carson had done in offering Mr. Klein Cabinet advisers. dienst the political contribution? Mr. Furthermore, it is only to be expected that chance. A vote to confirm would be a vote Mr. Kleindienst holds regressive opinions on in favor of that gamble. A vote to reject Kleindienst testified that he reported civil liberties and civil rights. In view of Pres would be a vote to protect a. great depart to Mr. Mitchell something that he did tdent Nixon's own law-and-order attitudes, ment of government from probable decline not think was a bribe. But again, we the choice of a more liberal lawyer as suc and demoralization. On balance, the Senate cannot know any more-we can only cessor to John N. Mitchell could not be should prefer to be safe than sorry. It should tell Mr. Nixon that he ca.n do better, that the speculate-because Mr. Kleindienst has expected. refused to answer any questions about The issue then for the Senate and the na nation deserves better than Richard Klein dienst as Attorney General. the case. tion is whether Mr. Kleindienst falls so far I was reluctant to get involved in pur below an acceptable standard of competence, Mr. BAYH. Mr. President, I mentioned suing this matter, because the man who political involvement and leadership quality several times during my recitation of as to override the prevailing presumption in was convicted of perjury and offering of favor of any Presidential nominee. Reluct the unanswered questions regarding the the bribes had previously been the em antly, we conclude that Mr. Kleindienst does ITI' settlement, that Mr. Kleindienst's ployee of one of our colleagues. I do fall below this minimum standard. judgement was called into question by not think anyone can for a moment His personal integrity in a financial sense is certain of the decisions which he made suggest that this colleague, who shall not in dispute. What is seriously doubted is himself, and approved on the part of remain unnamed here, knew anything the integrity of his judgment when public others. To my mind, the Carson case, about his actions or was implicated in interest and party interest collide. There is and Mr. Kleindienst's part in it, raise any way, shape, or form. But because of a high risk, perhaps a. probability, that if equally, if not more so, serious questions Mr. Kleindienst is confirmed and serves for this past relationship, the Senator from any considerable time as Attorney General, about his judgement. Indiana has been reluctant throughout he will reduce the morale and efficiency of I do not make such a statement lightly, the hearings to get involved in the the Justice Department to the demoralized for I recognize-as I stated earlier, the matter. condition which it reached twenty years ago inevitable difficulties that are involved I thought about it, and was per at the end of the Truman era. when one is considering not so much an suaded not to pursue it. None of the The experience of the Truman Adminis issue but an individual. But we cannot- other members of the committee pursued tration ts relevant and disturbing. President I will not-shirk our responsibilities. Truman appointed three successive Attor it at all, and the last day of the hearings, neys General, none of them persona.lly cor The facts of the Carson case are laid having read and reread that record and rupt but none of them professionally eminent out quite thoroughly on page 1713-1716 having had brought to my attention or invulnerable to political influence. Each of the hearing record, and on page 122- from this reading the serious questions in turn was a shade more mediocre and, in 128 of the minority views. Mr. Klein as to the judgment of the nominee that varying ways, more political-minded than diens": was asked to fix a criminal case had been raised earlier-the Steward his predecessor. The result by 1953 was a in exchange for a $100,000 political con matter that I referred to earlier was flight of the competent employes and a. rot tribution to the President. He did not ting a.way of the spirit of those who remained. clearly a question of bad judgment-it Former Attorney General Mitichell, except regard this request as a bribe off er until seemed to me that the judgment of the tn the field of municipal finance, is not pro he discovered 1 week later-apparently prospective Attorney General, his abil fessionally distinguished. He is an able man quite by chance-that the man who ity to know whether he is being solicited but his guidance of the Justice Department made the offer was under FBI investiga or offered a bribe or not, and subsequent was unduly influenced by short-run political tion, and was about to be placed under ly his willingness or lack of willingness calculations. Mr. Kleindienst's professional electronic surveillance. He did not re to report it to the highest authority, had accomplishments are less visible than those port the offer to the Attorney General to be a subject to be brought up before of his predecessor and his political manipula until 1 full week after it was made, again the committee and the witness ques tions and preoccupations even more obvious. not until he became aware of the FBI tioned about it. In short, his tenure would almost certainly investigation, nor did he give the mat lead to a quickening of the downward spiral He had asked of the court in the New within the department. When young and ter even a second thought until that York trial on two occasions the oppor middle-level career employes lose confidence time. tunity to explain. The defense counsel in the professional ca.pa.city and freedom These are the facts; they are uncon had prohibited him from explaining fur from political subservience of the depart- troverted, because they are drawn from ther, and I merely asked Mr. Kleindienst June 2, 1972 CONGRESSIONAL RECORD - SENATE 19583 if he would explain his actions. He re he had previously testified. Then, the tion? If a person makes an improper fused to do so. I asked him again and trial court would have to rule that that proposition, just treat it as though it again, and he refused to do so. So we can statement was admissible, or the state might not have been so bad at all, and only speculate as to what was going on ment by Mr. Kleindienst would have to be say, "Sorry. It's out of the question," or, at the time. so notoriously and openly publicized that "We don't do things like that." Mr. President, why did Mr. Kleindienst they could not :find 12 jurors in the Mr. BAYH. I appreciate the Senator think it was a bribe after he learned of Southern District of New York who had from Louisiana bringing some of his the FBI investigation? It was the same not been unfairly influenced by the state vast experience into our debate. Of offer, made by the same man. What was ment. Is that likely to occur? I think course, I am not at all familiar with it about the fact that the FBI was prob not. And I find it hard to imagine that the case he has mentioned which he ing into Mr. Carson's affairs that sud Mr. Kleindienst himself could really put discussed with former Attorney General denly turned something that was not that forth as his reason for not answer McGrath. No place, I should point out, a bribe into something that was a bribe? ing questions. does there appear to be a consistency No one could possibly even guess at the But again, he would not answer the between what that prosecuting attorney answer to the question except Mr. Klein questions, and we do not seem to be able was trying to do--namely, prosecute dienst. And he will not talk about it. to come up with any answers of our own and what Mr. Kleindienst was trying to It is a sad day, when we have a ques that are at all reassuring. So we are faced do. We have nothing in the record-in tion raised, if it is going to disappear be with another series of unanswered ques fact, quite to the contrary-that Mr. cause the only person who can answer tions, dealing directly with the nominee's Kleindienst was turning this down so the question will not talk about it. What :fitness and qualifications, and no way to that he could prosecute, to get the goods is the Senate to do? Be deterred from get answers. And yet we are expected to on them. pursuing the truth because the only man approve the nomination nonetheless. Mr. LONG. The occasion I had in mind who has the truth will not talk? Mr. ROBERT c. BYRD assumed the was one in which the Attorney General, Anyone has the right not to talk, of Chair as P!'esiding Officer at this point. the late Howard McGrath, who I be course. I feel that the right of the fifth Mr. LONG. Mr. President, will the lieve was a man of very high ethical amendment is a strong and important Senator yield? principles, took the view that if one made right. But I question whether a man Mr. BAYH. I am glad to yield to the an improper proposition to a prosecuting who, in essense, relies on that right when Senator from Louisiana. attorney, the proper thing for the prose testifying before the Senate Judiciary Mr. LONG. Mr. President, what the cuting attorney to do was just to brush Committee should then be promoted to Senator from Indiana has said troubles it aside, even to the extent of taking the be the No. 1 law enforcement official in this Senator as well as several others. attitude that perhaps the person did not the land. It brings to my mind an experience that understand that what he was doing was I asked myself why it was that he will happened during my early years as a wrong. He should just make it clear that, not talk about the case. I think in fair Member of this body, which I would just "No; I'm sorry. That's out of the ques ness to him, since he is not here par like to present to the Senator for what tion. We don't do things of that sort," ticipating in the debate, I should state ever it might be worth, because I think it or, "That can't be done"-that type of that he said he did have a reason. He may be enlightening to the Senator. thing-rather than to proceed with it said that he did not want to jeopardize There was a situation where a U.S. at and say, "You made me an improper the rights of the defendant, or of the torney was regarded as having been proposition, and I'm going to recom United States, the prosecuting authority. guilty of impropriety in office, and his mend that you be prosecuted." But that just will not wash. First of all, resignation was demanded by the Attor In other words, the Senator can see, I am sure that Mr. Kleindienst, upon ney General. Friends of the gentleman can he not, that many prosecuting at reconsideration, would not say that he asked me to discuss that problem with torneys may look at it the same way would not answer questions about the the Attorney General, because this at Howard McGrath did, that one should case because he would possibly prejudice torney contended that he had been take the view that perhaps this fell ow the U.S. case against Robert Carson. For made an improper offer, but that he had does not understand that what he is that is tantamount to saying that he not intended to accept it; rather, he had doing would be a violation of the law, might have evidence favorable to Mr. intended to make the case against the Mr. BAYH. I think the question raised Carson and he did not want it to get out. person, and it was in seeking to make by the Senator is a good point. I am sure that Mr. Kleindienst would the case, to catch the man redhanded in The Senator from Indiana is concerned not want us to believe that he is con a bribe offer, that he was accused of about two other aspects that would be cealing evidence, for he told us that he having participated in this corruption on the other side of the proposition pre was also concerned that the defendant's himself. sented by the Senator from Louisiana. rights might be prejudiced on appeal, or This Senator, discussing it with the First of all, was it a bribe or was it not? on retrial. But he cannot really mean then Attorney General, Mr. McGrath, If you feel that the fellow does not know that the appeals court judges, who have who I believe was a very fine prosecut what he is doL11g and sweep it aside, that already heard the case, might go be ing attorney for the Government as well is one thing. But Mr. Kleindienst said yond the four corners of the trial record, as a very able Attorney General, was told that a week later, after he found out that and improperly consider what he had to on that occasion that while he had been the FBI was putting a bug on the man, lle say before the committee; so I am sure a prosecuting attorney, people many knew it was a bribe. After he had time to that Mr. Kleindienst, who is about to times made suggestions to him that they think about it and found the FBI was be promoted, who is about to be promoted would like, in effect, to fix a case, could putting a bug on, he felt he had better to the Nation's No. 1 legal officer, would he not do something about this or that- report it . reconsider that objection as well, for in effect suggesting an improper ar The second thing that concerns me is such a thing has never happened in this rangement to him. His reaction always that either it is a violation of the Federal country, at least I would hope not. had been to brush it aside: "No. Sorry. law, a crime, to offer a bribe to public offi That leaves one other objection-that That's not possible." He would simply cials or it is not. If it is not, then perhaps the defendant's rights might be prej say no more about it. we ought t repeal section 201 of title 18 udiced on a possible retrial. But we have The experience that I had on that of the United States Code. It clearly says to realize that that would involve such a occasion with the Attorney General of t.h at to off er a bribe to public officials is a remote and extended chain of events and the United States led me to believe that felony. I do not think the Senator from circumstances as to render the possible that was about how a good Attorney Louisiana has suggested that we should prejudice practically nonexistent. There General would look upon something of repeal th at statute, and I do not want to intimate that. If we do have a criminal would have to be a reversal in such a way that sort: If someone makes an improper as to permit retrial, and then a decision proposition, he would only brush it aside statute and we are talking about the At to retry. Then there would have to be a torney General of the United States-or and simply go no further with the matter. the man who probably soon will be Attor statement by Mr. Kleindienst that would If that were the case, would not Mr. ney General of the United St ates-he be inconsistent with what he had tes Kleindienst have been pretty much in ought to be wise enough to tell whether tified to before, and at the same time line with what Mr. McGrath thought or not somebody is trying to bribe him. more harmful to Mr. Carson than what should be done about that kind of situa- A hundred thousand dollars is not pocket 19584 CONGRESSIONAL RECORD - SENATE June 2, 1972 money, not the kind of ordinary proposi makes an improper proposition, "You Mr. LONG. Might I suggest it is not tion one would receive, I would imagine. have tried to bribe me and I'm going to entirely clear, whoever this fellow was Mr. LONG. Mr. President, if I might recommend that you be prosecuted," that ! only know what I have read about it trespass uPon the Senator's time, surely is a different matter. and what the Senator is explaining to the Senator realizes, from his statement, Does not this also become pertinent? me about it now-that this happened that we are not talking about a situa Suppose an improper proposition is made to be a case of a man determined to tion in which a man offered Mr. Klein to someone--it could be the Senator from break into the penitentiary no matter dienst a hundred thousand dollars. He is Indiana or any of us. The improper prop what. discussing a situation in which a man osition very well could be the subject Mr. BAYH. And he was successful. may have suggested that if this case of criminal prosecution. Suppose, for the They let him in. could be fixed or if they would not prose sake of argument, that one does not have Mr. LONG. Because obviously it ap cute the case, or some such thing, his the proof-that it is just one man's word pears that this man was trying to bribe people would like to make a contribu against another's. Does the Senator relish so many people and he did it enough tion to the campaign of the President the prospect of trying to prosecute some times so that he finally found himself of the United States. Is that not what one if he does not have any evidence to in a penitentiary. But is it not fair to we are talking about? support it, or does he prefer to turn the suggest that a prosecuting attorney or Mr. BAYH. Yes. And that is covered proposition down, refuse to have any a Government lawyer, when confronted exactly under the statute to which I thing to do with it, and abide by his own with that problem, would have to think have referred. I will not bother to read conscience? somewhat in terms of whether he can it. I trust that the Senator will take my Mr. BAYH. The Senator from Louisi make his case. In other words, if some word. It does not have to be a bribe to ana is a very persistent and articulate one approached him and he did not have the Attorney General, but to any other Member of this body and a member of any witnesses or any tape which he person or entity. The President's reelec the bar. I have not had the opportunity could produce as evidence or any other tion campaign is such an entity that is to discuss with very many prosecuting means, it would be one man's word clearly within the confines of the stat attorneys what they do when a bribe is against another. So it would not seem ute--indeed Mr. Carson was convicted offered to them. The only positive refer likely that a man would try to prose of the offer-a felony. ence I can vouch to is the one that the cute in that case, whereas if someone Mr. LONG. The Senator is aware that Senator from Louisiana mentioned which had some evidence, he would feel it is his someone could come to a person and say, I am sure he reported accurately. The duty to prosecute such a man---especlal "We want to help the President in his second is how the prosecuting attorney ly if he could prove it. campaign. We're good supporters and in the State of New York responded; that Mr. BAYH. In such a situation, it friends of the President. We're trying is, he brought this man before a court could be one man's word against an to raise $100,000 for his campaign. That and a jury convicted him. The very man other, because one man may soon be has nothing to do with what we are go Mr. Kleindienst treated cavalierly, by his Attorney General of the United States ing to talk about, we would like to testimony-did not even feel he was and the question concerning me is that talk about these cases." There sometimes being offered a bribe--that very man now he is a man in that capacity-Mr. are instances in which one is talking has been convicted of a felony. So we can Kleindienst was just one step away from about a gray area rather than one that see how one of the prosecuting attorneys it at the time-so, does he not have re is black and white. deals with this situation. sponsibility to put on the record some-· Mr. BAYH. I suppose that all of us in Mr. LONG. Might it not be a case thing like that, when an offer is made public life try to be honest. We are the where one man says, "If you can help me, of that kind? Does he not have an obli product of our past experiences. I sup this person would like to contribute to gation to disclose it? Should he be so pose it is very difficult to try to separate your personal campaign"? Was that the naive? past friendships and past contributions. case in New York where the man offered There are one of two things here: First, Although we all try, we are still aware of to contribute to the campaign of some he either did not recognize when the that somewhere in the back of our minds. one, or was it to enrich the prosecuting fellow came into his office and said, "If Let me read Mr. Kleindienst's testi attorney in New York directly? you take care of this friend of mine he mony at the New York court, to show the Mr. BAYH. What I was trying to say is will give $100,000 as a campaign contri Senator that this was not the situation that the very offer to Mr. Kleindienst was bution"-he did not recognize that as a of a man who was a friend of the Presi the act--part of the act of involvement bribe. That is one possibility. Or, second, dent, who had been advised that the man with Carson that resulted in his being he did recognize it as a bribe but did not had made contributions in the past. This prosecuted and convicted by a jury, that say anything about it until he found out was no gray area. These are Mr. Klein that act was sufficiently obvious to a jury a week later that the FBI was putting dienst's words: and was serious enough so that Carson a bug on and then, realizing that the in Mr. Carson sat down in a. chair in front of was convicted. Mr. Kleindienst, accord formation probably would be learned my desk and said that he had a friend in ing to his testimony, which I could read from another source, he realized he had New York who was in trouble, and that if I but I will just paraphrase it, was that he better quickly disclose what had hap could help him with respect to his trouble, did not feel it was a bribe and in the con pened earlier. his friend was a man of substantial means It has to be one of those two things. I and would be wllling to make a substantial text of this exchange that both the Sen contribution of between 50 and 100 thousand ator from Louisiana and I feel was a am willing to accept the first probability. dollars to the reelection of President Nixon. bribe, he did not feel that it was a bribe. Mr. LONG. Would it not be entirely He said under cross-examination that if logical to assume that if Mr. Kleindienst, That is rather specific. he had thought it was a bribe, he would having regarded that as being an im Mr. LONG. That is clearly an improper have reported it. He did not report it proper propooition, felt, when this man proposition. I agree with that. But I ask until he learned later the FBI would be was subsequently accused of trying to this of the Senator, as I suggested to be bugging Carson. So I wonder why. I do bribe a prosecuting attorney, that what gin with: Can he tell me what is gener not sug.gest that Mr. Kleindienst was be he knew about the thing might be rele ally the practice of prosecuting attorneys ing bought. Obviously, he could not be vant? Might Mr. Kleindienst not have with respect to an improper proposition bought because he turned it down. But I then felt that prosecution of that man that is made to them-to seek to pros bring this up and I think it should have would be doing his duty, and that he ecute the person who makes it or to should make available what might not brush it aside? been brought up in the hearings but it have been known by anyone but the two Mr. BAYH. I really do not know. has been skirted around and skated over. of them? It would seem logical that the Mr. LONG. It seems to me that that is It goes to the man's judgment. If we can only place the evidence would have to important; because if the prevailing have someone sit down and put his feet come from would be from the Attorney practice among honorable prosecuting up on the desk and say, "If you can take General. Does the Senator think a man attorneys or those who have respon care of my friend's problem, he will make being prosecuted for bribery would vol sibility in connection with it would be a contribution," I wonder whether he unteer to say that he had previously tried to brush that type of thing aside, that would be able to recognize some other to bribe the Deputy Attorney General? is one thing. If the prevailing practice thing which may have a significant im Mr. BAYH. Of course not. I do not see is to say immediately, when someone pact as well. how pertinent that is. June 2, 1972 CONGRESSIONAL RECORD - SENATE 19585 Mr. LONG. Where else could the infor the verdict at 3: 10 P.M. in Federal Court Carson up to $1-milUon if he could quash the mation have come from if Mr. Klein here after 18 hours of deliberation. indictments and investigations in the stock The tall, thin defendant, who formerly fraud case. dienst had not volunteered the informa headed the Republican party and the stock According to the prosecution, Carson tion that this man had tried improperly exchange in Honolulu, faces up to five years agreed to look into the matter, but decided to infiuence him? in prison on each of two counts when Judge the original indictment was "too hot" to Mr. BAYH. First of all, the possibility Marvin E. Frankel sentences him on Jan. 4, quash, then said later it might be possible that other information could have per two weeks after the defendant's 65th birth to obtain leniency for Hellerman by block suaded Mr. Kleindienst to add his little day. ing any new indictments against him and bit of information-Kleindienst never The jury of 10 men and two women found Bald in exchange for $100,000. Carson guilty of conspiracy and perjury, but Hellerman, who later pleaded guilty in the said that. The only additional informa stock case, secretly informed Federal author to acquitted him on two counts of using inter tion we have that came his attention state travel to promote bribery. ities of the bribery plans and enabled an is the fact that the FBI was going to con During the week-long trial and delibera agent of the Federal Bureau of Investigation duct surveillance. He found that out al tions spread over three days, the jury heard to infiltrate the conspiracy. most by accident. Immediately there crucial tape-recordings of discussions last The undercover F.B.I. agent, Paul J. Brana, after-within an hour or so-he revealed December between Carson and others in the used a concealed tape recorder to transcribe to the Attorney General the previous bribery conspiracy. the conversation at a meeting last Dec. 29 offer. I can only go to what Mr. Klein Richard G. Kleindienst, the deputy at when Carson accepted $2,500 as an advance dienst himself said under oath in a New torney genera.I of the United States, testified payment on $100,000 to help Bald and Heller York Federal court, that he did not think during the trial that Carson had brought him man. an offer last Nov. 24 to pay up to $100,000 One week later, replying to questions be at the time it was made that it was a as a political contribution for President fore a Federal grand jury here on Jan. 6, Car bribe. It was not that he did not have Nixon if help could be obtained for an in son denied that he knew Adams, Bald, Heller any other evidence, or that it was one dicted friend in New York. man or Paul Brana, which was the name man's word against another's, or any of Mr. Kleindienst said he had rejected the used by the undercover F.B.I. agent. these things-that is the way the Deputy offer immediately but had not regarded it Attorney General dealt with this thing. as a bribe at the time and had not realized BRIBE CONVICTION Is APPEALED HERE-TESTI it was a bribe offer until he found out one MONY BY KLEINDIENST Is CITED BY SENATOR'S He said: AIDE I did not think at the time that it was a week later that Carson was being investi bribe. gated for bribery. (By Arnold H. Lubasch) Robert G. Morvillo, the prosecutor, con Trial testimony by acting Attorney General Mr. LONG. Well, if I might say, if I had tended to the jury that Carson had tried to Richard G. Kleindienst was emphasized last been sitting there as Assistant Attorney bribe the deputy attorney general to stop week in an appeal from the conviction of a General and someone tried to make me indictments and investigations that con Senate aide who had been found guilty of that kind of proposition and it was just cerned a major stock-fraud case. bribery and perjury. his word against mine, I do not see why Joseph E. Brill, the defense lawyer, told The appeal sought to reverse the con I should get into that kind of mess, be the jury that Carson had not engaged in a viction in Federal court here last November bribery scheme and the defendant testified of Robert T. Carson, the suspended admin cause under our system of justice, we that :ne had merely mentioned the proposed istrative assistant of Senator Hiram L. Fong, have to prove a man is guilty beyond a political contribution to Mr. Kleindienst Republica.n of Hawaii. reasonable doubt. If we only have one without any intent to bribe him. Mr. Kleindienst testified at the trial that man's word against another's and there The bribery scheme began as an attempt Carson had offered him a $100,000 pollticaJ. is nothing else to go by, most juries to fix an indictment involving several de contribution for President Nixon if he could would say, well, perhaps we have a fendants, including John (Johnny Dio) help an indicted friend. Mr. Kleindienst said prima facie case here but we do not have Diogua.rdi, and others identified by Federal that he had not realized that this was a enough of a case to convict a man beyond authorities as members of organized crime, bribe offer until a week later, when he learned who were charged with stock manipulation that C.arson was being investigated for a reasonable doubt, and that would be the and strong-arm tactics to gain control of a bribery. end of it. Mia.mi investment company. Carson's attorney, Henry J. Boitel, argued If there is evidence that someone is This stock-fraud case is currently on trial here Thursday before the United States Court trying to bribe another, and the man here in the same courthouse on Foley Square. of Appeals for the Second Circuit that Mr. keeps on trying to bribe as many as he Some of the defendants have pleaded guilty, Kleindienst's testimony wa.s "extremely can, we could put all those witnesses to and Dioguardi wlll be tried later because he prejudicial" and required reversal of the con gether, building a strong case, and we is seriously ill in prison. viction. might send him to the penitentiary. That In the Carson trial, no mention was ma.de BRIEF IS QUOTED is a probability. of Dioguardi or organized crime, and the "On the morning of Dec. 1, 1970," the if jurors remained sequestered under the su lawyer argued in his brief, "the pinnacle of Mr. BAYH. One wonders every law pervision of marshals throughout the trial to the Department of Justice of the United enforcement official who had the re avoid their exposure to publicity in the case. States of America was rocked by the discovery sponsibility in this case-had taken the The two co-defendants in the Carson case, of the nature of an investigation which was same position Mr. Kleindienst had taken; Joseph Bald and Edward Adams, pleaded being directed by an Assistant United States namely, waiting until they found some guilty before the start of the trial of Senator Attorney in Ma.nha.tta.n. one had the "goods" before they got in Fong's aide and will be sentenced on Dec. 28. "On that morning Richard G. Klein volved, they never would have made a Bald, a Queens interior decorator, testified dienst, Deputy Attorney General of the sufficient case on the guy now on his as the prosecution's first witness that the United States, was shown a memorandum bribery conspiracy began last fall after he addressed to the Attorney General from the way to the penitentiary. I think he is not learned he was under investigation for Federal Bureau of Investigation. yet there, but he has been convicted, and fraudulent deals with Michael Hellerman, a "If the prosecution's allegations were cor his appeal has already been argued. stock operator allegedly associated with rect, Mr. Kleindienst had, a week earlier, Mr. President, I ask unanimous con members of organized crime. been the subject of a bribe offer and had not sent to have printed in the RECORD two According to Bald, he asked his brother realized it. "The weight of the Government's case at articles describing this matter in some in-la.w, Harold Blond, to seek the help of trial turned heavily upon whether Carson, an detail as published in the New York Adams, an elderly Manhattan fund-raiser employe of the United States Senate, sought Times. who was said to have considerable political to convey such an offer to Mr. Kleindienst influence in Washington. with criminru intent." There being no objection, the articles Mr. Blond, a Queens fund-raising consul were ordered to be printed in the RECORD, The defense attorney said that Mr. Klein tant, named as a co-conspirator but not a de dienst had testified at the trial that he had as follows: fendant, testified that Adams promised to promptly rejected the Carson offer of the AIDE TO SENATOR FONG CONVICTED OF BRIBERY seek the intervention of Carson for a large political contribution but had not considered SCHEME AND PERJURY amount of money. it a bribe attempt at the time. (By Arnold H. Lubasch) 'He said that Adams had indicated that The appeal cited Mr. Kleindienst's testi Robert T. Carson was convicted yesterday $100,000 would have to go to Carson for mem mony that he had not reported the alleged of participating in a bribery scheme to quash bers of the Justice Department and Senator bribe offer for seven days, then reported it Fong, who was not charged with any crime stock-fraud indictments while working for "within minutes" after he had been shown Senator Hiram L. Fong as an administrative in the case. an FBI rep<>rt that Carson was under in vestigation. assistant in Washln~on. UP TO $1 MILLION OFFERED Carson who was suspended last January Adams arranged for Bald and Hellerman "BLATANT HEARSAY" by Senator Fong, a Republican from Hawaii, to meet Carson last November in Senator According to the appeal argument, it was displayed no emotion as the jury returned Fong's offices in the Senate Office Building, "blatant hearsay" for Mr. Kleindienst to 19586 CONGRESSIONAL RECORD-SENATE June 2, 1972 testify that he considered the Carson offer a later who taped the conversation and improper proposition to him. I suggest bribe only after he had seen an F.B.I. report may have brought it to light. that if the Senator finds anything wrong that was not in evidence at the trial. Mr. LONG. That is a very important in that, he can also find something right "His opinion, based on hearsay, that the defendant wa.E gun ty of the crime charged matter. Can the Senator tell us that this in it. was extremely prejudicial," Mr. Boitel argued, informer had brought evidence out to Mr. BA YH. Perhaps we ought to get to ad.ding that Mr. Kleindienst's testimony was the effect that this was actually known gether and submit a measure to repeal especially damaging because it came from a to Mr. Kleindienst before Mr. Kleindienst section 281 of title 18 so that a person top ofilclal of the Justice Department. said what he knew about it? can with impunity bribe public officials. The detailed attack on the trial testimony Mr. BAYH. No. This matter came out If one does not have a responsibility to of Mr. Kleindienst, who was described by in the trial, after the fact. report it, that might solve it. I guess that the defense attorney as Carson's friend and Mr. LONG. It would seem to me that pol!l.tica.l ally, represented one of the key everyone makes his own judgment on arguments in the appeal for the 65-year-old would be irrelevant then. where to draw the line. Carson, who sat listening at the rear of the Mr. BAYH. The Senator brought out It seems to me that the point that con courtroom. a matter that actually did exist and was cerns most of all is that the Deputy At Robert G. Morvlllo, the Assistant United not a hypothetical set of facts. torney General, now Acting Attorney States Attorney who directed the investiga Mr. LONG. The Senator would seek General, judging from listening to the tion and prosecuted the case, argued briefly to take commendable conduct on the part Senator from Louisiana, should have said in opposition to the appeal that he believed of a Government attorney and turn it that this was SOP-when someone tries Carson had been convicted with "overwhelm into dishonorable conduct on the theory ing evidence" in a fair trial. to bribe him, to dismiss the mat·ter and The three-judge panel of the Court of Ap that a man who did represent his office move on to something else. peals reserved its decision on the case after honorably and properly was probably The Senator can say that is all right, hearing the arguments. guilty of improper conduct on the theory but that is what I think is wrong. Mr. Carson was sentenced to 18 months in that the Government informer might Kleindienst did not say this was the way prison on his conviction of participating in a have informed on him if he did not do that everyone has been operating since bribery conspiracy allegedly seeking to quash what was right. Yet the Senator tells the 1940's or 1950's. That is not what he stock-fraud lnd1ctments that involved re us that the Government informally had puted members of organized crime, but he said. He said that he did not think that remains free on ball pending the outcome of such information as that. was a bribe. He was asked: his appeal. If the Senator from Indiana were to Q. So that between Nov. 24 and Dec. 1, you In Hawaii, he has been president of the be confirmed as Attorney General, would gave no further thought to that portion of stock exchange and chairman of the Repub it seem fair to him that a U.S. Senator the construction which lasted a minute or lican party in Honolulu. would accuse him of improper conduct two, if that much, in which you said Mr. Car when the circumstances demonstrated son told you he had a friend who would con Mr. LONG. Might I ask the Senator a that he had conducted himself properly tribute $100,000 to the Nixon campaign? further question. It would appear appro and had done his duty, and yet, someone He said that is correct and that he did priate to me that Mr. Kleindienst might would say that he did his duty for fear not give it any thought. well have deemed it his duty, at the point he would have been found out when this proposition was made to him, to dic I would say that if someone were to nothing suggested that circumstance. offer to give me a $100,000 contribution tate memorandum and put it in the file Mr. BAYH. That is not what I said. I at that point. That may very well be Jus and I would not think about it a second said either one or two things happened, time, I would have to be a Uttle naive. tice Department procedure. Can the either the proposition posed by the Sen Senator tell me whether he did or did Mr. LONG. Mr. President, it seems to ator from Louisiana or the proposition me that if the Senator gives him low not prepare a memorandum at that time presented by Mr. Kleindienst himself. He to indicate that that man was in his office marks for not reporting this at the time, said he did not think it was a bribe. he should give him high marks for re and that that man suggested something The Senator from Louisiana said in an porting him and prosecuting him. The that to him seemed improper? earlier comment here that it was obvious Mr. BAYH. No. He did not do any Senator should give him credit for the thing until a week later. In fact, the rec to him that it was an obviously seamy fact that he did not take the offer. arrangement. If it was obvious to the Mr. BA YH. Th~ recommends the At ord reads: Senator from Louisiana that it was a torney General highly if he does not take Q. Did you make any report or initiate any bribe, why was it not obvious to Mr. investigation with respect to that portion of a bribe that is offered, if that is the only the conversation? Kleindienst? qualification. A. No, sir. One cannot have his cake and eat it, Mr. LONG. I can recall an illustration Q. Isn't it true that the first time you ever too. He either recognized that it was a that was given in the British Parliament said or wrote anything about that subject bribe and did not report it or he did not when a man said: "I know I am not for was on Dec. 1, 1970? recognize it was a bribe when any man sale for a quarter of a million dollars, A. Yes, sir. with commonsense should have recog because someone offered me that much That was a week later. nized it was a bribe. It has to be either and I turned it down." So, we have to Mr. LONG. It would seem to me that way. give the man credit because when some it would have been appropriate for Mr. I am willing to let the Senator judge one made him an improper proposition, Kleindienst to have made a record of which way it was. he did not do business with him. And what it was that took place. However, on Mr. LONG. That is all right with me. when subsequently it came to his atten the other hand it would also seem to me However, the point I make is that a man tion that the man was being investigated, that, while Mr. Kleindienst did perhaps who did his duty as a supervising prose he volunteered to testify what he knew deserve a low mark for having said this, cuting attorney, a man who had been about it and did testify and put the man he should have a high mark for the fact prosecuting attorney and also Attorney in jail. that when it came to his attention that General, told me personally that he If the Senator wants to give him low the man was being investigated for thought it was proper conduct for a Gov points for not having mentioned it in the bribery, he made available everything ernment attorney when someone made first instance, he ought to give him high that he knew on the matter and made an improper proposition to him, to brush marks for testifying in the second in himself available to testify against the it aside and have no more to do with it. If stance. man. One would think that a man would that man was spea,king for the demo People have made all sorts of improper be entitled to credit for that. cratic process and was speaking of that propositions to officials. If one spends all Mr. BAYH. Yes. He could have waited as the appropriate way to handle him his time running around prosecuting until he heard the FBI say that they self, to brush it aside when someone tried someone every time a person makes an had been informed that l\Ir. Carson said to make him an improper proposition, improper suggestion, he will find that he so-and-so. He could have done that. then how could one suggest that Mr. is hurting himself as much as the people Mr. LONG. That would suggest to me Kleindienst should not be confirmed that he tries to prosecute. that the guilty party was the man going when all he did was what Mr. McGrath Mr. BAYH. I would be glad to pursue around trying to bribe the Attorney said was the proper conduct to pursue in this subject as far as the Senator from General. such situations. And when he found that Louisiana wan~. I always enjoy the chal Mr. BAYH. It so happens that there the matter was being investigated, he lenge of participating with him in a lit was an informer in the case a day or two said that the man had tried to make an tle give-and-take like this. June 2, 1972 CONGRESSIONAL RECORD - SENATE 19587 The thing that concerns me is not this to reinforcing the suspicion of an in scured a far more fundamental question one case where we have an offer that the creasingly skeptical public that there which this nomination raises. Senator from Louisiana and I recognize exists in this land two standards of It is the question of Mr. Kleindienst's was improper and that was turned aside justice, one for large corporations and fitness to be Attorney General of the or not recognized, whatever happened to another for the average citizen. We have United States. it, but we had an instance of a U.S. attor an obligation to recommit this nomina The Attorney General of the United ney in California, Mr. Steward, who was tion for further study and an obligation States wields great power which, if mis involved in a similar impropriety, acts to refrain from consenting to confirma used, could endanger the basic rights and that were obviously acts of impropriety. tion until the doubt of reasonable men is liberties of Americans, either as indi And the same man who turned his head dispelled and truth determined. viduals or as members of groups. Mr. the first time turned his head the second Mr. President, I have been involved in Kleindienst's record leads me to doubt time and sent out a press release saying more than one disagreement with the that he should be entrusted with this that there had been absolutely no im President of the United States on the power affecting the rights and liberties proper conduct at all. qualifications of nominees. As I said of all Americans. What really concerns me is that the earlier in my statement I do not feel that Because of that power, the man who Senator and I sit here and we realize how the definition of an acceptable nominee holds the position should, in my judg things happen. People are tempted and is one who conforms to my idea of what ment, be especially sensitive to and pro some yield and some do not yield. We try is right or wrong on the issues, philo tective of our constitutional rights. His to wrestle with these problems, but the sophically or otherwise. Having had the dedication to law and justice should be average citizen on the outside, who looks opportunity a year or so ago to travel no less compelling than his enthusiasm to us with some feeling about what this throughout this country and to be in for law 2.nd order. Government stands for, sees these things about 43 States in a year's time, and to During his 3 years as Deputy Attor and the allegation that there was $400,- have had a chance to visit with, talk to ney General, Mr. Kleindienst has proven 000 with IT!' to fix an antitrust case. All and work with, anc to question and be that he does not meet these standards. this presents a kind of pattern which may questioned by large numbers of citizens He has shown himself to be "soft" toward or may not be true; but it does not restore all over the country, I am deeply con certain repressive practices which, if confidence in the average citizen who is cerned about this whole matter of trust given further license, could be the pre viewing the man sitting on top of the in the governmental process. cursors of an authoritarian society heap who is making decisions that he is The number of students who have practices we should be particularly wary going to have to abide by. asked me, "Senator, do you really be of in this age of electronic snooping de Mr. LONG. I thank the Senator for lieve the system will work?" the number vices and computerized data banks. being so generous in yielding to me. I will of unemployed steelworkers who have Mr. Kleindienst has evidenced a high follow with interest the remainder of his said, "Senator, there is something wrong tolerance for wiretapping, mass arrests, argument. I thank the Senator. with the system," the farmer who has and preventive detention. His thinking Mr. BAYH. Mr. President, I would like difficulty paying off his mortgage-all is fuzzy when it comes to distinguishing to conclude my remarks by referrtng to these people are typical of our society between people who threaten our Na something that Senator HART said on the and look at the decisions we make tion's security and people who merely very first morning of the hearings into of times cavalierly-on a day-to-day disagree with him politically. And he Mr. Kleindienst's involvement in the basis to determine what direction this manifests a disturbing desire to have us IT!' settlement. Senator HART had asked country is going and determine what all rely entirely on the good will of a question, and got back an answer that standard of conduct we are going to say members of the executive bureaucracy there had boon nothing improper about typifies the United States. as the ultimate safeguard of our free any of Mr. Kleindienst's actions in meet Yet, when we have before us not just doms. ing with an ITI' director to discuss the any nominee, but a man who will become There are those who believe that, un settlement. And Senator HART shook his the No. 1 law enforcement official like Supreme Court nominations, the head when he heard that answer, and I in the country, the one person determin President has a right to pick the mem remember those words very clearly today, ing what kind of justice that average bers of his own Cabinet without sena 3 months later. He said: American gets, then I think it is in torial challenge, provided only -~hat his The tragedy of this is that 90 percent of cumbent upon us to be certain that that nominees are not dishonest nor incompe the people that read the papers and listen to man takes that office without any dam tent nor guilty of an economic conflict this story, no matter what we do, are just aging cloud of suspicion hanging over of interest. not going to believe it. That is the - his head. Whether it is the Carson case, I do not entirely disagree. I recognize of it. Just to give the setting, we are just the Steward case, Dita Beard, Ramsden, that the Senate should permit a Pi:esi one more chapter in this loaded story of why or Rohatyn, names that have become people lack faith in the system. dent considerable latitude in selecting passwords in America today, these members of his Cabinet, but I doubt Mr. President, I cannot improve on names are insignificant in themselves, whether a courtesy the Senate custom Senator HART'S words. I can only say but they add to the pattern of concern arily grants a President deserves eleva this-the choice is the Senate's. We can and doubt that the average citizen has tion to an unchallengeable presidential do something about this lack of faith by over whether he is going to get a fair right. insisting that this nomination be re shake before the bar of justice. Moreover, I hold that the special na committed and restudied until we get When a small businessman wonders ture of the post of Attorney General answers to the questions that trouble any if he is going to be treated the same makes it not altogether unlike that of a reasonable man who sees this record. Or down at the White House or by the Gov Supreme Court Justice in its potential we can ignore the tragic implications of ernment anywhere, as one of the large impact on our constitutional way of life. this whole sorry affair in the public trust multibillion-dollar corporations, or I believe further that the criteria the and just pass the nomination through. when the average wage earner wonders Senate uses in evaluating a nominee for That is the choice facing us. if his problems are going to receive the Attorney General should be far more Mr. President, a democracy such as same kind of attention that a multi like those it applies to a nominee to ours is in dire jeopardy when the gov billion-dollar conglomerate will receive the Court than, for example, to a erned lack faith in the basic integrity when our actions add to that kind of nominee for Secretary of Commerce or and justice of those who govern. The evi doubt and suspicion-to approve a nom of Transportation. Or even for Secretary dence is persuasive that the faith of in ination that would add to those doubts of State or Defense. creasing numbers of Americans is daily would distort our responsibility to ad I believe that partisanship must stop being eroded. The Senate of the United vise and consent, and in the final analy at the doorways of the Justice Depart States should not accelerate this process sis it weakens the fabric of our entire ment in Washington and the offices of of erosion by acting in haste to confirm governmental process. the 93 U.S. attorneys throughout the this nomination without making a maxi Mr. CRANSTON. Mr. President, I be United States. mum good faith effort to find the truth lieve that the publicity surrounding the A reappraisal of the criteria the Sen that at this moment lies hidden beneath investigation of Richard Kleindienst's ate applies to Attorney General nomi a cloud of obfuscation and confusion. Let role in the Justice Department's settle nations would under any circumstances it not be said that this body contributed ments of antitrust suits with ITT has ob- be pertinent at this moment in our his- OXVIII--1235-Part 16 19588 CONGRESSIONAL RECORD - SENATE June 2, 1972 tory. But the need for reappraisal has be Lyndon Johnson retained Robert Ken or political actions with which he dis come even more cogent with the resur nedy as his Attorney General for more agrees. rection of a short-lived practice--dis than a year after President Johnson as Mr. Kleindienst's record both before continued before the Civil War, revived sumed office. and since joining the Justice Depart in our time by a Democratic administra President Nixon appointed his cam ment has by no means removed all such tion, and subsequently pursued by Re paign manager, John Mitchell, as his doubts from my mind. On the contrary. publican and Democratic administra fir.st Attorney General. Mr. Mitchell The past 3 years of a Justice Depart tions alike--of appointing highly parti once again is the President's campaign ment of Mitchell, Kleindienst, and Rehn san Political activists to head our Jus manager. And now President Nixon pro quist have been years of no-knock, of tice Department. poses to succeed Mr. Mitchell with Mr. preventive detention, of unwarranted According to research conducted for Kleindienst-presidential campaign di wiretapping, of citizen surveillance, of me by the Library of Congress, not a rector for candidate Barry Goldwater in mass arrests, of illegal arrests, of har single partisan political activist was his 1964 presidential campaign, and na rassment of the press, of efforts to dis named to the office of Attorney General tional director of field operations for courage the free exercise of :first amend during all of the first 52 years of the life candidate Richard Nixon in the cam ment rights of speech and assembly. of the Republic. paign of 1968. By nominating Mr. Kleindienst to That covered the administrations of I would like to see the practice stopped. move up in the Justice Department to the eight Presidents, including some of our Now. No. 1 spot from the No. 2 spot, where greatest: Washington, Jefferson, Madi It is ironic, and more than a bit he had exercised day-to-day operational son, and Jackson. frightening that the Office of Attorney responsibility and played a major role in The first political linkage with the At General has become more and more po policy formulation, President Nixon has torney General's position came in 1841 liticized during the very time when more signaled that he wants this policy of with the administration of William and more power over the lives and the repression to continue. It is his policy; Henry Harrison and continued for a liberties of our people has become con he has a right to seek its continuance. brief period-less than 20 years centrated in a Federal bureaucracy in But it is not my policy. I do not want through subsequent administrations. But Washington. to see it coninued. And I have an equal even then it was only in rather mild For the sake of democracy and of free right to seek to bring it to an end. form. Attorneys General even during this dom, we should have been heading in I shall not vote, I cannot vote, to per period were not drawn from the ranks the very opposite direction over the past petuate a policy which I believe can, if of national campaign managers or from 40 years. unchecked, undermine the basic liberties the leadership of the national parties. If political power was to become more of the American people. John J. Crittenden, Attorney General and more centralized, then it was all the Testimony at Senate Judiciary Com under William Henry Harrison and, later more vital that the men named to the mittee hearings since the ITT disclosures again Attorney General under Fillmore; one Cabinet post charged with uphold has intensified my concerns about Mr. Hugh S. Legare, Attorney General under ing the law and the Constitution against Kleindienst's candor and about his abil John Tyler; Caleb Cushing, Attorney the oppressive power of government be ity to divorce his political interests from General under Pierce, and Jeremiah men far removed from the pressures and his juridical responsibilities. Testimony Black, Attorney General under Bu the temptations of partisanship. Yet in prior to the disclosures intensified my chanan are recognized by historians stead of more protections of our liberties fears about his disregard of the impor as having played crucial roles in winning and our privacy, the past four decades tance of constitutional government and the nomination and/or the election for have seen a steady intrusion of govern his low esteem for the vital safeguard the men who appointed them. ment into all facets of our lives and a of due process of law in a democratic Abraham Lincoln stopped the policy of steady erosion of individual rights and society. appointing partisan political figures as liberties. I intend to vote against confirmation Attorneys General. It was not revived I am not in any way suggesting that of Mr. Kleindienst as Attorney General. until the 20th century, and even then in any of the men who have held this office Were I to vote to confirm Mr. Klein somewhat diluted form. in the past several years have used their dienst I feel I would, in effect, be voting Thomas W. Gregory and A. Mitchell power for this purpose. But history and for the things that he has come to sym Palmer, both of whom were Attorneys logic and common sense tell us-and the bolize and voting against the things I General under Woodrow Wilson, were fragility of the democratic process warns believe America stands for. key figures in Wilson's nomination and us-that we must not tempt fate forever. I cannot in good conscience cast such election. Gregory is given credit for We Americans are not a species apart a vote. swinging the crucial Texas delegation from the rest of mankind; we are not im Mr. President, I want to talk now about behind Wilson, as well as more general mune to the political evils of repression May Day-May 1, 1971-when 12,000 contributions. Palmer was Wilson's :floor and totalitarianism that have befallen people, guilty and innocent alike-and manager at the 1912 Democratic conven other peoples in other lands. very few indeed turned out to be guilty tion. It can happen here. Eternal vigilance of anything-when, as I say, 12,000 peo The modern version of the practice ac is more than the price of liberty; it is ple were rounded up on the streets of tually started with Franklin Roosevelt the only safeguard of freedom. Washington, illegally arrested and il who, for the first time in our history, I think that continuing the dubious legally detained-from 30 to 36 hours nominated a former national chairman practice of appointing a political partisan under near-concentration camp condi as Attorney General: Homer S. Cum to the sensitive office of Attorney General tions which, at least one judge, described mings. It should be noted. however, that is a mistake. as constituting "cruel and unusual pun Cummings had held that political post At the very least, such a nominee's ishment" and effecting "irreparable in in 1919-20, a full 13 years before his ap political opinions and his political ac jury." pointment in 1933. tivities become legitimate subjects of The man who was in charge of this op Harry Truman escalated this unfor scrutiny-and legitimate grounds for eration, the man primarily responsible tunate practice by appointing as his At objection-when he is considered for for what was done on that May Day was torney General in 1949 the man who was confirmation. Richard Kleindienst, who describes him Democratic National Chairman from When a highly partisan political figure self as having been Mr. Mitchell's "chief 1947-49: J. Howard McGrath. The prac is nominated to the post of Attorney of staff" and "coordinator" of law en tice has stuck since. forcement operations in Washington President Eisenhower appointed as his General, the Senate-in my opinion that day. Attorney General Herbert Brownell, for has a responsibility to give such a nom Because the events of that day so mer campaign manager for Republican ination extra careful study. forcefully illustrate my fears and con candidate Thomas E. Dewey in both 1944 Such a nominee should be confirmed cerns about Mr. Kleindienst as Attorney and 1948, and chairman of the Republi only after he has satisfactorily removed General of the United States, I want to can National Committee, 1944-46. · every reasonable doubt from the minds read at some length an excerpt from an President Kennedy appointed Robert of those who fear that he might use his outstandingly perceptive article written Kennedy, who was his national cam awesome powers of the law to silence or by Richard Harris, which was published paign manager in 1960. suppress or discourage political opinions by the New Yorker Magazine on March June 2, 1972 CONGRESSIONAL RECORD - SENATE 19589 25, 1972. The article, entitled "The New passersby, attorney observers, government who was watching from a balcony at the Justice," gives the following description employees and business people on the way Justice Department and didn't lift an eye to work, journalists, and even a group of brow at this public rape of the people's of the events of May Day 1971: Canadian schoolchildren who had been rights." On the following day, fifteen hun THE NEW JUSTICE brought to Washington by their teacher to dred more people were arrested, twelve hun In an appearance before Senator Ervin's observe democracy in action. Since a person dred of them on the steps of the Capitol, subcommittee last year, Assistant Attorney who ls unlawfully a.nested or against whom where they had gathered, peaceably and General Rehnquist assured its members that there is no evidence of having committed without any threat of violence, to listen to no one had to fear government surveillance, a crime cannot be lawfully detained, the im anti-war speeches by three members of Con because in an important matter involving prisonment of almost all the people locked gress. Without warning, this crowd--or audi the rights of citizens the Administration up that day-and then held for anywhere ence-was also rounded up and taken off could be relied on to conduct itself with from ten to sixty hours-was illegal. And to jail. "self-discipline." To date, the most notable every otficia.l involved-from the greenest Of course, the Mayday Tribe's attempt to examples of this doctrine in practice have rookie cop to the police chief, from the staff stop the government from operating was been the government's self-discipline in not of the District's oorpora.tion counsel to the itself illegal. It was also foolish, and it pro making vigorous efforts to prosecute the Na mayor, and from junior lawyers in the Justice duced some extremely ugly and senseless tional Guardsmen who killed four students Department to the Attorney General and the acts of violence. In a speech before the Rotary and wounded eight others at Kent State Uni President----could not help but know that the Club of Cleveland a month later, Deputy versity in 1970 or the Mississippi state troop most basic Constitutional right of due proc Attorney General Richard Kleindienst de ers who murdered two students at Jackson ess of law, which lies at the heart of our scribed a long list of these to demonstrate his State the same year. Perhaps the best meas system of criminal justice, was willfully dis contention that the government had been ure of the Administration's promise to behave regarded from the moment that the first forced to respond as it did. Undoubtedly, each With restraint was its response to the May arrest was made until the last prisoner was act that he mentioned had actually taken day demonstration in Washington last spring. released. place. But his speech, entitled "Mayday Fable After the riots that crippled Washington fol Chief Wilson, who ls widely regarded as and Mayday Fact,'' contributed more fable lowing the assassination of Dr. King in 1968, one of the most skillful and decent police than fact to the popular legend about the an advisory panel recommended that in fu chiefs in the country, took entire responsi event by implying that his catalogue was ture large-scale disturbances police use bility for suspending the field-arrest forms typical of "this vicious and wanton mob "field-arrest forms." Under this system, and ordering the mass arrest. It would be attack." which the panel devised, a policeman who difficult to find anyone experienced in the Such behavior was no more typical of the has arrested someone is to take him to the ways of government who believes that these protest than the occasional outburst of bru nearest police van, where a Polaroid photo moves were made without prior approval by tality committed by some otficers was typical graph is taken of the two together as evi the Attorney General, with whom Wilson of the Washington Police Department. (Most dence that a particular officer arrested a par spent the better pa.rt of the Saturday befot"e of the violence that Kleindienst described ticular person; the officer ls then to fill out the arrests, and by the President, who had occurred in Georgetown, and it was largely a brlef form describing the circumstances of vowed that the protesters would not be per due to a. lack of forethought on the part of the arrest, attach the photograph to the form, mitted to close down the city for even an the police there. They failed to have enough hour. "After a.11, the federal government is men on hand at the spot where the greatest and give the document to the custodian of concentration of young people was bound to the van. immediately and fina.lly responsible for what goes on here," a judge who sat on many of be-the vicinity of Georgetown University Washington police adopted this system, and although the police were outnumbered, and during the comparatively small protests the Mayday cases said afterward in private. "It ls utterly inoonceivable that a policeman they provoked a confrontation unnecessarily, that took place in Washington in the days and at the same time neglected to cordon immediately preceding May 3, 1971-the day would be allowed to make unprecedented dec:lsions of that magnitude. However, it ls off the small area involved, some ten blocks that a group of militant anti-war protesters in a.II, or to reroute tratfic entering it by way known as the Mayday Tribe had promised to not inconceivable that he would be allowed to take the blame." Time after time that day, of the only through street in that part of halt traftlc and slow down government opera town.) In any event, word had gone out from tions throughout the city-the new proce Wilson vyas observed watching his men be have illegally and doing nothing a.bout it; the Mayday organizers to campuses around dure was used successfully in several hun the country that anyone who had violence in dred arrests. But at a little before seven for example, they repeatedly ordered people, demonstrators and passersby alike, to move mind should stay away from the demon o'clock on the morning of Monday, May 3rd, strations, and while some of those who turned Chief of Police Jerry V. Wilson suddenly on, and then arrested them when they did. "Wilson was therefore guilty of openly up assuredly were bent on violence, the con ordered use of the field-arrest forms sus sensus was that their number was probably pended and the streets cleared. Within a few fl.outing the Constitution," the judge went on. "Since he did that in full public view, one or two per cent of the total-some two hours, more than seven thousand people had hundred to four hundred hard-core radicals been arrested. Almost all of them were he must have known that he had his supe riors' full support. That proved to my satis in a.11. As for the claim that the government's charged with disorderly conduct, which is a dragnet arrests had been necessary, most ex misdemeanor. Assistant Attorney General faction that a high-level decision had been made to arrest as many people as possible." perienced observers were convinced that if Rehnquist justified the government's action, the actual lawbreakers had been handled which, he said, had been taken under a legal On May 4th, thirty-eight hundred more people were arrested, over ha.If of them for calmly under the field-arrest-form system, principle akin to "qualified martial law." sitting down on the street in front of the government workers would have been delayed There is no such legal principle. Nor was Justice Department. Another judge, who in getting to work by, at most, an hour-the martial law, or anything resembling it, in happened to be on hand, later described kind of delay that is ordinarily caused by a voked by the Administration. The principle what he had witnessed. "The demonstrators heavy rain or a light snow. "But the Presi that should have applied to the arrests was were orderly and peaceful,'' he said. "They dent had vowed that there would be no stop a very basic and very simple one: due process came there by prearrangement with Chief page of the government, even for an how·, of law. Under federal law and most state Wilson, who had led them in an orderly fash and he kept his word," one observer said a laws, a police otficer cannot arrest someone ion down the street. When they were all few days later. "God knows what he might do for a misdemeanor unless he sees the person jammed in before the Justice Department, he if there were a real emergency." commit the crime and can identify him and waved them to a stop, and they sat down. The police and the Administration were describe what he did before a magistrate. Then, suddenly, the police came out of hiding fully apprised of most of the demonstrators' Wilson's order openly violated this elemen in buildings at either end of the Department plans, because several weeks earlier the May tary rule of due process, for, as everyone knew and slid a.cross the street like two doors, day organization had widely and openly dis at the time, few policemen would later be boxing in the crowd. They put up barricades tributed a twenty-four-page booklet called able to connect suspects with acts committed and ordered everyone to disperse. When some "The Mayday Tactical Manual," which de during the melee. of the demonstrators tried to obey, they were scribed in detail the methods to be used dur In sum, any policeman who made an arrest arrested for crossing police lines. Then some ing the protest. Early Sunday morning, the without recording on the spot the identity of the cops who had taken off their name day before the mass arrests, the police gave of the suspect and the details of the crime plates waded in and started clubbing the the protestors four hours to break up their made prosecution impossible. That, under the kids on the perimeter, who sat there, un encampment in West Potomac Park. Almost law, made the arrest illegal. Some of those resisting, and took it. When no one fought all of the people there obeyed, and on their who were arrested that day were taken into way out of the park their leaders posted back, the cops stopped beating them, and hand-lettered and mimeographed signs on custody whlle they were actually breaking then everyone was arrested. This was a legal trees notifying everyone, including a legion the law, but since they were arrested in a gathering-an expression of every citizen's manner that precluded prosecution, they right to petition the government for a re of undercover agents, that such-and-such a were wrrested illegally. Others who had dress of grievances and to speak and assemble state group would meet at such-and-such a broken the law earlier and intended to break freely. But by some sudden filck of an ofilcial place elsewhere in the city at such-and-such it again later were arrested while they were switch it was all made lllegal, without a a time. When these meetings took place not doing anything wrong, so their arrests, shred of justification under the law. Every again with undercover agents present, they too, were illegal from the moment they were policeman who arrested anyone there ignored were devoted to discussions of the specific taken into custody. And still others who were the law. So did Jerry Wilson, who gave the targets for the next morning. Everything illegally arrested were innocent bystanders: order. And so did the Attorney General, was talked over openly and ~h plan was 19590 CONGRESSIONAL RECORD-SENATE June 2, 1972 voted on, communal fashion, in each group. network that was worse than the Police De considered friends asked me why I wanted Most of the plans involved little more than partment's was the Justice Department's. "No to help these rotton Commies-why did I elaborate practical jokes; for instance, an es one high up in the Department seems to know want to stay in this filth? They suggested pecially popular one was for several demon that you can pay small prices for big gains," that I leave, and let them do the job that strators to pretend to look for a missing a former employee in the Department said had to be done. I had expected to find a contact lens in the middle of a key inter shortly after leaving there a year ago. "They bunch of hell-raising kids spouting obsceni section during rush hour. A more serious pro have no imagination, no experience, no skill. ties-the kind that the papers and TV had posal was that trash containers on street cor And although they're supposed to be tough, concentraited on-but most of them were ners and loose materials at construction sites cool guys, they jump out of their skins at decent, straightforward kids. They were mili be used to block traffic. Despite these fore the slightest shadow. Their fears are always tant, but they weren't at all radical or even warnings, neither city nor federal authorities political fears, and they are so committed to sophisticated in terms of politics or political took any steps to remove the containers or their impressions that they can't escape from protests. But the police ha.cl a hatred for guard the sites. them, whatever the evidence to the contrary. them unlike anything I'd ever seen before- One lawyer who served as a congressional For example, Kleindienst later charged that far worse than their reaction to blacks dur observer rose at 5 a.m. on May 3rd and pro there had been an international threat in ing the 1968 black riots or even to black cop ceeded to drive around Washington to see volved in the Mayday affair, because a few killers. I had nightmares afterward-here what was happening. "Between six and seven members of the crowd there had gone to it was, unbridled police power encouraged o'clock, I made a complete circuit of all the Hanoi earlier to talk to North Vietnamese stu by the highest authority in the country." city bridges, where the main trouble was dents, and one had also gone to Paris to talk To process the seven thousand people ar expected, and found practically no trouble," to the North Vietnamese peace negotiators. rested on May 3rd, the Justice Department he reported later. "At one small exit, about It's difficult to believe that a grown man could that night sent over some of its lawyers, sixty kids were sitting down on the ramp. I get up and say that sort of nonsense-until who were generally young and inexperienced was the first motorist who was stopped. After you remember that he was one of Goldwater's in such procedures but willing to help out a couple of minutes, they got up and left in campaign managers in 1964, and is a real after they were told that their assistance a group. If they had had any kind of a plan Red-menace type. Of course, most of the in would enable the young people to obtain at all, they would have detailed twenty peo telligence material he relies on comes from their release and be sent off to find hot ple or so to stay and cut off that exit, while F.B.I. agents, and they don't understand the food and warm beds. It wasn't until these the rest went on to do something else. But simplest things. Shortly after Mayday, several lawyers had been processing prisoners for apparently they only wanted to stay together. hundred lawyers came down from Wall Street several hours that one of them realized what They were just kids, with no plan, no coordi to protest the invasion of Cambodia. They he was actually doing on instructions from nation, and certainly, in this particular case, were all dressed in three-piece Brooks Broth his superiors in the Justice Department- with no vicious, wanton alms in mind. If ers suits and were carrying briefcases, and falsifying arrest records. When he told his they had planned to sabotage cars, they the F.B.I. men tried to infiltrate them while colleagues of his discovery, several of them would have disabled mine, but they made still wearing the beards, purple shirts, and immediately switched over to the legal-aid no attempt to. When they left, they got tear bell-bottom trousers left over from Mayday." side and began advising the prisoners not gassed-at that point, for doing nothing il Having ignored due process of law in ar to accept the Justice Department offer. One legal. Then I drove a.round the grounds of resting and imprisoning the Mayday people of these lawyers later testified under oath the Washington Monument half a dozen and anyone else who happened to be in the about what he had been told to do by the times. Periodically, a few demonstrators area being swept, the Administration pro Department. First, he said, they were in would go out and sit down in the street, ceeded to ignore the Constitutional and hu structed to fill out an ordinary arrest form and the police would tear-gas them-again man rights they were entitled to as federal by writing down all pertinent personal data unnecessarily, because it would have been a prisoners. The detention centers were human a.bout the prisoner at hand. simple matter to arrest them, without gas or stockyards, or worse. They were dangerously Then under "Location of the Arrest" they violence or even much delay. As for the trash overcrowded, some to the point where mass were to write "D.C.," under "Type of Prem cans that got so much publicity, I found hysteria or violence was a constant threat; ises" they were to write "Public street," that most drivers simply stopped, got out of there were few beds or blankets, sani under "Specification" they were to write their cars, removed the cans, and drove on. tary facilities were inadequate, and the "Arrested during demonstrations in D.C. on There was almost no delay anywhere. In filth, stench, and danger of influenza. and May 3, 1971," and under "Arresting Officer" fact, because the presence of so many police hepatitis went unchecked. The government they were to write the name and badge num men discouraged double parking a.pd illegal claimed that it was doing its best--to make ber of one police officer, ta.ken in rotation turns and such, most people got to work certain, one critic remarked, that the prison from a list of seven. Of course, the absence more quickly than usual." ers would not be in a hurry to protest again. of specific details rendered the forms legally Afterward, the police contended that if One judge took a look at the worst place of worthless (that ts, once a judge saw them), the field-arrest forms had not been dispensed all-a cellblock under the Superior Court and the arbitrary choice of arresting officers with officers would have had to spend more Building, where six hundred people were made them as unlawful as the arrests them time processing than arresting people. "That crammed into cells built to hold a quarter selves. If any doubt remained a.bout the claim was based on the assumption that all as many-and ordered that they be trans Justice Department's determination to keep of the demonstrators were going to break the ferred at once to proper quarters, and officially the protesters under its control as long as law sooner or later, so they all had to be stated that they had suffered "cruel and possible, law or no law, the betrayal of its arrested," the same lawyer commented after unusual punishment and irreparable injury." own young employees, who by concocting ward. "But that was a wild assumption, be During the five days that demonstrators were official records may have committed far more cause a lot of the kids were just out for a detained, lawyers were denied access to most serious crimes than any that the demonstra lark and would have fled at the first sign of of the detention centers for protracted tors were accused of, finally settled it. a real bust--at least in the areas I observed. periods. While the police and the Justice Depa.rt If the arrests had been confined to those who Where conditions were the worst of all men t 's highest-ranking members were vio actually broke the law-a fairly simple ma.t in the cellblock-the police refused to allow la.ting the letter of the law, the courts were ter-that would have scared off many of the lawyers from the District of Columbia Public violating its spirit. The District of Columbia. others and reduced the problem to a man Defender Service, the American Civil Liber Superior Court, which was set up by the ageable size." He went on to point out that ties Union, and other legal-aid organizations court-reform pa.rt of the D.C. Crime Bill, was while the number of demonstrators was lim in to confer with prisoners for nearly a day, the court that was immediately in charge of ited to around twenty thousand at the out on the ground, as a representative of the the Mayday cases during the early stages. Its side, and the number of key intersections Police Department later testified under oath, chief judge, Harold H. Greene, who had and bridges they could hope to tie up was that they gave the prisoners undesirable formerly served in the Civil Rights Division limited to perhaps twenty, the number of advice and were unwilling to cooperate with of the Justice Department in the Kennedy troops available to Chief Wilson was, in the police. Kerby Howlett, a Public Defender Administration, was known among his fel practical terms, unlimited. "Wilson could Service attorney who regularly worked in low lawyers as both capable and decent. As have had all the troops he could possibly the cellblock during ordinary times, finally soon as the Distriot of Columbia Public De have used deployed wherever he wanted to got admitted there, along with on1; other fender Service learned of the mass arrests on keep the traffic moving,'' the lawyer added. lawyer, on a court order. "Nobody has ever Monday, May 3rd, it hurriedly drew up a "But it seems that he was unwilling to had so many Constitutional rights violated petition for a writ of mass habeas corpus and admit that his men couldn't handle things in this town before," he said afterward. "On submited it to Judge Greene. He heard argu alone, so he ordered the mass arrests. At that the day of the mass arrests, I saw many, ments by both sides, the other side being point, he had to make a choice between vio many examples of police brutality. Cops the D.C. corporation counsel, under direction lating the President's orders or the Constitu clubbed demonstrators who hadn't done any of the Justice Department in this case, and tion." thing. If the cops couldn't catch somebody then, at eleven o'clock on Monday evening, Apparently, it was also a case of official who had just broken the law, they'd club granted the request-to take effect twenty reliance on unreliable intelligence agents, the nearest person, sometimes a demon one hours later. That got the government who reportedly fed their superiors' worst fears strator, sometimes just a passerby. But the through the next two crucial periods of rush by submitting as facts the kind of hysterical cellblock was the worst thing I'd ever seen. hour traffic-Tuesday morning and Tuesday rumcrs that are most commonly the work of The police there were full of hatred. Some evening. "Considering that the arrests were agents provocateurs. The only intelligence of them whom I'd known for years and clearly illegal and that the defendants were June 2, 1972 CONGRESSIONAL RECORD-SENATE 19591
being illegally held in horrible conditions, conference three weeks later, Mr. Nixon re successfully with other nations unless he has his decision was obviously based on political sponded to a question about the affair by dealt successfully enough with his own to rather than judicial concerns," one defense saying that the government has always pro have its people behind him-it suggests that attorney said later. "Judge Greene violated tected the right to lawful dissent. Then President Nixon may not have been fully the whole purpose of habeas corpus, because he added, "But when people come in aware of what his subordinates in the De he put himself in the role of an executor of slice tires, when they block traffic, when they partment of Justice were actually doing when public policy rather than in the role he was make a trash bin out of Georgetown and they devised the new anti-crime laws or when supposed to fill-the judge of that policy other areas of the city, and when they ter they put down the Mayday threat. on objective legal grounds. To my mind, it's rorize innocent byst anders, they a.re not dem Indeed, it is even possible that neither he far worse for a judge to act as he did than onstrators, they are vandals and hoodlums nor the deputy to whom he gave the greatest it is for a cop to club an innocent person. and lawbreakers, and they should be treated trust and responsibiltiy in domestic affairs, At another point, defense attorneys pleaded as lawbreakers." To be sure, those who acted former Attorney General Mitchell, realized with Judge Greene to order that they be al in such ways should have been treated as what such policies could lead to. As largely lowed in to give the prisoners counsel, and, lawbreakers. But the point was that they polit ical men, they have oft en seemed to view after a long delay, he ordered that two law weren't. By treating the guilty and the in the power the people have given them to do yers be allowed into the cellblock to consult nocent alike-illegally-the government wh at is fitting as power to do as they see with six hundred people for one hour. Ordi made it impossible to prosecute those who fit. To such men, who have demonstrated an narily, anyone accused of disorderly conduct should have been prosecuted. It also prob inclination to consider the immensely com in Washington-the charge that nearly all ably turned many ordinary dissenters into plex forces of the nation solely in terms of the demonst rators were held under-is re confirmed radicals. When Ralph J. Temple, short-run political gains or losses, the Con leased upon posting a ten-dollar bond. Aware legal director of the A.C.L.U. in Washington, stitution must at times seem an obstacle to of this, the protesters had come to town with talked to a group of prisoners who were held their ends rather than a bulwark of the at lea.st ten dollars apiece. Suddenly, after a in the Washington Coliseum, they kept ask people's freedom. And it is conceivable that meeting in the chief judge's chamt>ers, judges ing him what h ad happened, why couldn't the President and his Attorney General never of the Superior Court began setting bail in they use or telephone or get legal help. "Yes, fully acknowledged to themselves one price uniform amounts-usually two hundred and you have those right s and they're being vio they paid for the support of the right wing fifty dollars-and bail bondsmen uniformly lated because the court system has broken in 1968-the appointment of Goldwater, refused to deal with demonstrators. down," he answered. One of the prisoners Thurmond, and Reagan men to key places in To get the young people out of deten nodded, and said, "You see? The Establish the Administration. tion, the Public Defender Service finally in ment has won, as we've been telling people Yet these men, too, undoubtedly believe formed Judge Greene that it would try to like you all along. You tell us to work with in their cause-to preserve America as they persuade them to be processed if he would in the system, and when we try to, they understand it. For instance, Richard Klein order that the processing not constitute an ignore the system. Oh, they may throw us dienst, Attorney General designate, who was arrest record and that no records be sent a sop now and then, but when it comes to in daily charge of the Department of Justice on to the F.B.I., since it routinely distributes the crunch they smash us with naked and had to know what his subordinates were these on request to local police departments power." doing, is, apparently convinced that a few and to credit bureaus and banks; defense Apparently, President Nixon had not thousand radicals on the opposite side, with lawyers hoped to forestall this in the expec learned much from his hasty prejudgments no power and no support from the public tation that the cases would ultimately be of Charles Manson and Lieutenant William at large, threaten to bring down the nation. thrown out for lack of evidence. Greene is Calley in earlier press conferences, for when None of these officials has acted or spoken in sued the order requested, but then the cor he charged that the Mayday protesters who any way that would demonstrate an under poration counsel appealed the decision to had been arrested were lawbreakers more standing of how fragile a system our de the District of Columbia Court of Appeals, than four thousand cases were still pend mocracy is. If they do in fact understand and this court overruled Greene. In the ing before the courts. Of the first two thou that, then their official actions-in pressing meantime, many of the demonstrators who sand defendants, one was found guilty. In for laws that can now be used to crush civil had heard about Greene's order had agreed the cases of nearly twenty-five hundred liberties, in prosecuting leaders of the anti to undergo processing, and now had police other defendants, which were dropped for war movement to still dissent, in harassing records. "There was absolutely no basis in lack of "adequate evidence,'' the A.CL.U. the press to end criticism, in invading the law for the Court of Appeals' order,'' Barbara volunteered to take on the task of notifying privacy of tens of thousands of citizens to Bowman, director of the Public Defender them that they did not have to appear for catch a handful of crooks, in illegally sup Service, said afterward. One widely accepted trial if the prosecution would provide a list. pressing protest ·to show firmness-must be explanation was that the court knew the It did-one that was partially illegible and taken as signs that they see the system's Justice Department wanted the fingerprints lacked a large number of addresses. When weakness as an opportunity, not a peril. The and photographs of all the demonstrators, the A.C.L.U. finally got a proper list, it system has survived this long largely because and wasn't going to stand in the way; in the learned from some of the people on it that no President before now has used, or allowed course of the litigation during that week, their inquiries to the Superior Court clerk's to be used in his name, the people's deepest. it seemed clear that, next to keeping demon office about the state of their cases, after fears to divide them and to turn the major strators off the streets, establishing arrest the order to drop all charges had been is ity's tyrannical instincts against his political records for them was the main aim of the sued, had brought the uniform response that enemies. No one can say that the President government. "It was terrible to stand up they had to appear for trial. The A.C.L.U. has willfully set out to undermine the Con there in court," Mrs. Bowman said, "know complained to the court, which explained stitution that he swore to uphold. But how ing that you were absolutely right in appea.1- that this had been an error and promised would the results be different if he had? ing to the judges to understand that not far that it wouldn't happen again. Afterward, away thousands of people's basic rights were several A.CL.U. employees telephoned the Mr. President, I yield the floor. being abused and to suddenly realize that court, said that they were defendants on The PRESIDING OFFICER. What is nothing was going to be done, because no the list, and asked about their cases; they the will of the Senate? one cared." Although there is no indisputable were all told that they had to appear for trial. Whenever defendants whoses cases had Mr. FANNIN. Mr. President, I suggest evidence tha.t the Administration compelled, the absence of a quorum. or persuaded, judges to delay matters, when not been dropped failed to appear for trial, one of them was privately asked if reports of corporation-counsel attorneys invariably The PRESIDING OFFICER. The clerk such pressure were true he answered, "I can asked the court to forfeit their posted bonds will call the roll. give personal assurance that they are." and to file criminal records; this resulted The second assistant legislative clerk On May 6th, a spokesman for the Admin in about two thousand technical convictions. proceeded to call the roll. istration announced that President Nixon Another six hundred people pleaded either guilty or no contest-according to the Mr. ROBERT C. BYRD. Mr. Presi was "totally satisfied" with the way the dent, I ask unanimous consent that the Mayday demonstrations had been handled, A.CL.U., under coercion. Of the other thou and added that no evidence had been pro sands of people arrested and detained, sixty order for the quorum call be rescinded. duced to r:liow that any unlawful arrests had one were finally convicted-all on minor The PRESIDING OFFICER. Without been made. Two days later, the President charges. In the end, the United States Cir objection, it is so ordered. met with Chief Wilson and commended him cuit Court of Appeals threw out all the cases Mr. ROBERT c. BYRD. Mr. President, for acting "with firmness but yet with re remaining that had not been settled one way or another, and directed that criminal I make the following requests as in straint." Two days after that, Attorney Gen legislative session: eral Mitchell, in a speech before the Cali records not be sent to the F.B.I. or, if they fornia Peace Officers' Association, called the had already been sent, that they be re demonstrators "rights robbers," compared turned. them to the Brown Shirts in Germany in Shortly before the Presidential campaign VACATION OF ORDER FOR RECOG the nineteen-twenties, praised "the va.llant of 1968, Mr. Nixon remarked that any Amer NITION OF SENATOR PROXMIRE Washington policemen," and urged his lis ican President's overriding concern must be ON MONDAY NEXT teners to adopt the same practices in the :foreign affairs and that he can leave domestic event of mass civil disobedience and disorder matters largely to his Cabinet. As misguided Mr. ROBERT C. BYRD. Mr. President, in their cities. During a Presidentia.l press as that outlook may be-no leader can deal I ask unanimous consent that the order 19592 CONGRESSIONAL RECORD - SENATE June 2, 1972 for the recognition of the distinguished Senator from Louisiana (Mr. LoNG) and DISCIPLINARY RULE 7-107 senior Senator from Wisconsin (Mr. the Senator from Indiana (Mr. BAYH) "(B) A lawyer or law firm associated with PROXMIRE) on Monday next be vacated. in regard to the so-called Carson case. the prosecution or defense of a criminal mat The PRESIDING OFFICER. Without During the hearings, the Senator from ter shall not, from the time of the filing of a objection, it is so ordered. complaint, information, or indictment, the Indiana was considerate enough to call issuance of an arrest warrant, or arrest until attention to the fact, while Mr. Klein the commencement of the trial or disposi dienst was a witness before the Judici THE PUBLIC HEALTH SERV- tion without trial, make or participate in ary Committee, that a couple of articles making an extrajudicial statement that a ICE ACT-UNANIMOUS-CONSENT had appeared, one in the Boston Globe reasonable person would expect to be dis AGREEMENT and one in the Washington Star, on the seminated by means of public communica Mr. ROBERT C. BYRD. Mr. Presi subject of the Carson case indicating tion and that relates to: that Mr. Kleindienst should be given an ( 1) the character, reputation, or prior dent, I ask unanimous consent that at criminal record of the accused. such time as S. 3442, a bill to amend the opportunity to go into this matter in • • • • Public Health Service Act, is called up, greater detail than he had in the trial of (6) Any opinion as to the guilt or in there be a time limitation thereon of not this case in New York. nocence of the accused, the evidence, or the to exceed 20 minutes, the time to be The Senator from Indiana did ask the merits of the case. equally divided between the Senator nominee about the case and he declined "(D) During the selection of a. jury or the from Massachusetts eS. sir. Would you restate it? Q. It does? Q. Did you write that memorandum after Judge Choy for appointment? A. Yes, sir. A. Yes, sir. you had been advised that there was sched Q. And did you talk about a judiciary uled to be conducted that morning an elec Mr. BRILL. I offer it in evidence. appointment? Mr. MORVILLO. No objection. tronic surveillance? A. I am certain that that's what we were A. Well, the information I got I got at 9 Mr. BRILL. Thank you. talking about because of what had tran (Defendant's Exhibit K was received in o'clock on this day. I wrote this at 10. So I spired prior to that time. got this information between 9 and 10 in evidence.) Q. And that was the subject of conversa Mr. BRILL. May I read it, your Honor? the offi'Ce of the attorney general. tion on the 24th of November, isn't that cor Q. Well, didn't you say that you had been The COURT. Yes. rect? Mr. BRILL. On the stationery of Office of informed or advised that there were sched the Attorney General, Washington, D.C., the A. Yes, sir uled to occur that morning an electronic seal of the attorney general in the upper Q . And that related to the recommenda surveillance? tion of Judge Choy, did it not? A. I received that information. left-hand corner, dated November 19th, ad A. Yes, sir, it would have involved that dressed Hon. Hiram L. Fong, United States Q. Yes. Senate, Washington, D.C. subject matter. A. That's what it was about. Q. Now, how long would you say was con (Mr. Brill read from Defend·ant's Exhibit K Q. And it was after you received it that sumed with respect to, in point of time you wrote this memorandum? in evidence.) in the conversation with respect to what A. Yes, sir. Mr. BRILL. I don't think I need pass this you testified to on direct examination about Q. Now, you knew when you received it since I read it, do you, your Honor? Mr. Carson's purported statement about a that that electronic surveillance would be The COURT. No, I don't think so. friend in New York in trouble who had conducted in the new Senate Office Building, By Mr. Brlll: contributed $100,000 to the reelection of did you not? Q. Now, then, coming back to the meet President Nixon? A. I don't know whether I knew that spe ing that you had at your office with Mr. Car A. A miute, maybe two minutes. cifically, whether it made any difference to son on November 24th, would you say that the Q. Maximum? me to know that specifically, Mr. Brill. subject of Mr. Choy's recommendation was A. Maximum. Q. Are you saying now you just don't re- discussed between you and Mr. Garson on Q. Maybe even less? call? that date? A. Maybe even less. A. Yes. A. I don't specifically recollect, Mr. BrTil, Q. Did you make any record of that por Q. Okay. but it very possibly could have been. It would tion of the conversation? A. Whether that was a significant--! don't not have been much of a discussion be A. No, sir. recall it now. cause- Q. Did you make any memorandum of any Q. All right. Q. Pardon? kind with respect to it? So that between November 24th and De A. It would not have been much of a dis A. No, sir. cember 1st, you gave no further thought to cussion because the decision had been made Q. Did you make any recording of any kind that portion of the conversation which last that Hawaii would be allocated that seat on with respect to it? ed a minute or two, if that much, in which the Ninth Circuit, and the only thing lefrt to A. No, sir. you said Mr. Carson told you that he had a be done at that point was the processing of Q. Did you make any report or initiate friend who would contribute $100,000 to the it. But the subject matter could have been any investigation with respect to that por Nixon campaign? raised, Mr. Brill. tion of the conversation? A. That's correct. Q. Well, how long would you say in point A. No, sir. Q. Now, since December 1, 1970, have you of time was consumed during a conversation Q. Isn't it true that the first time you had any further telephonic conversation with between you and Mr. Carson on November ever said or wrote anything about that sub Mr. Carson? 24th? ject was on December 1, 1970? A. No, sir. A. Well, the whole meeting, from the time A. Yes, sir. Q. Do you remember that there came a he walked in my office until the time he Q. And that's the first date on which you time, specifl.cally on December 12, 1970, when left, was just a matter of minutes, several made any memorandum whatsoever? you were placed under oath by a special a.gent minutes. A. Yes, sir. of the FBI and you made a statement under Q. How many minutes, would you say? Q. And you made it on the basis of what oath? A. No more than 15 and possibly less. was in your head? A. Yes, sir. Q. Well, did you ever say that it was about A. You mean the reason why I made the Q. That was rather an unusual procedure, 15 minutes? memorandum? wasn't it? 19600 CONGRESSIONAL RECORD - SENATE June 2, 197!2 A. No, I don't think so, sir. Q. And it was not until after that that you cha.nee to explain, don't worry--0n Novem Q. Had it ever happened to you before? did or said or wrote anything with respect to ber 24th, in the minute or less than two· A. No, sir. the conversation of November 24th? minutes in which the statement was made, Q. With respect to you it was unusual, A. Within minutes after I saw that, and you have already told us you did not regard_ wasn't it? at 10 o'clock I prepared the memorandum that you were being offered a bribe or that A. This was the first time anything like with Mr. Peters on that day, that is correct. the conversation consisted of the making of this had ever happened to me. Q. It was with respect to a matter which a.n offer of a bribe, isn't that right? Q. Do you remember that among other on November 24th you did not regard as a A. Right. things in connection with that statement bribe, isn't that true? Q. Isn't that true? under oath you said that since December 1, A. That is correct. A. Yes, sir. 1970, you had had one telephonic contact Mr. BRILL. Thank you, sir, I have no fur Q. Now, that is the only conversation with Mr. Carson in connection with a judi ther questions. that you had with Mr. Carson with respect. ciary appointment? REDmECT EXAMINATION to that subject matter, isn't it? A. I remember that. I talked to Mr. Carson A. Yes, sir. By Mr. Morvillo: once and the sole subject matter of that was Q. And it is the only conversation in with respect to this judicial appointment Q. Mr. Kleindienst, prior to November 24, which there was any statement made to you and no other subject matter was mentioned. 1970, had you received any communications by Mr. Carson? I do now recall that. from anybody, either within or without the A. That is correct. Mr. BRILL. Thank you. Excuse me. I had a Department of Justice, about the fact that there was an investigation going on with Q. And at no time after that date did h& signal from my lea.med friend here. ever again speak to you with respect to th& (Discussion off the record at counsel table.) regard to Robert Carson? subject matter? Mr. BRILL. Mr. Morvillo points out that my A. I have no recollection of it. I get many, A. That is correct. many documents from the FBI, some of reference to th.wt episode of his being ex Q. And at no time between the date that. amined under oath was on December 16th which I see and some of which I do not. It he first spoke to you and subsequently did rather than December 12th, which inadvert was not until the morning of December l, at you ever regard from him that he was offer ently or apparently I had said as the date. 9 o'clock, in the office of the attorney general, ing you a. bribe, isn't that so? I am sorry. that I became aware that there was any kind A. That is correct. To that extent may the record be corrected, of an investigation concerning Mr. Carson. Mr. BRILL. Thank you. I have no further your honor? Q. Prior to November 24th you did not questions. The COURT. Yes. know specifically whether or not Mr. Carson Mr. MoRvn.r.o. I have no further questions. Mr. BRILL. Thank you. had met with any other individuals in con The COURT. All right, Mr. Kleindienst. By Mr Brill: junction with the subject matter of your thank you. Q. Actually, other than November 24th conversation with him on November 24th, The WITNESS. Thank you, Judge. and December 1, then, there was no com did you? May I be excused, Judge? munication between Mr. Carson a.nd your A. No, sir. The COURT. Yes. self by telephone or in person with respect Mr. BRILL. Tha.t is objected to, if your (Witness excused.) to anything? Honor please, improper redirect. A. That is correct. The COURT. Sustained. Mr. HRUSKA. Here is what Mr. Klein Q. After December 1, 1970, the only com Q. Now, on December 1st, you told Mr. dienst was worried about. He said: munication that you had by telephone re Brill that for the first time you really learned something a.bout the facts of the investiga I was a witness in that case. I testified in lated to the appointment of Judge Choy? open court in the Federal District Court for A. Yes, sir, he called my office after that, tion which was going on involving Mr. Car the Southern District of New York. My testi but the only time I talked to him was once son, is that correct? mony in that matter is a matter of open and it was that everut. Mr. BRILL. I object to that, if your Honor record. That case is on appeal and I believe Q. Did you see him again after that? please, as an improper statement of what was said. that either as a lawyer or as an officer o! A. I don't recollect that I did. the Department of Justice that it would be Q. You a.re not saying that you did not? The COURT. Let's not summarize what he improper for me to comment in any way A. No, I am not. sa.id on cross; let's ask some at.her questions. upon any aspect of that case because by Q. To your knowledge, Mr. Kleindienst, did Q. Speclficially, what did you learn on De doing so I might risk prejudicing the rights Mr. Carson talk wd.th anyone else in the De cember 1, 1970 with regard to an investiga of the defendant in that case, either on Mr. partment of Justice with respect to the sub tion involving Carson? appeal or in a. retrial of the matter, if one ject matter that you testified to here on di Mr. BRILL. I am going to object to th.at, if comes about, or to prejudice the rights of rect exa.rn.1.na.tion? your Honor please. He would not be com the U.S. Government which was the plain A. Not to my knowledge. As a matter of fa.ct, petent to testify to it. tiff in that case. didn't you so swear and state under oath? The COURT. He would be competent to Q. Well, will you look~o you recall now testify to what he learned. Mr. President, I suggest there was a whether you said it under oath? Mr. BRILL. To what he did. full disclosure with all the information A. No. The CouRT. He was asked what he heard. that could be explored in that situation. Mr. MORVILLO. He just said to his knowl Mr. MORVILLO. What he learned. But for some reason a pound of flesh. edge he didn't. Mr. BRILL. That 1s what I am objecting to. The COURT. Sustained. The COURT. I will sust.a.in that. no less. no more, is trying to be exacted. Q. Is it true, then, is it not, that on No Mr. MORVILLO. Your Honor, Mr. Brlll has "Why didn't you tell it to me in this vember 24, 1970, you did not regard that in explored this in some detail on cross examina fishing expedition, regardless of what the conversation you had with Mr. Carson tion, and I think the government should be would happen to the rights of the Gov that he offered you a bribe? entitled to find out specifically whwt mo ernment or the rights of the defendant. A. No, I did not. tivated Mr. Kleindienst to do what he did on regardless of what would happen by way Q. If you had regarded that conversation December 1st. of regulations of the Department a.nd all as containing a bribe offer, you would have The COURT. Well, I think there is enough immedia.tely reported it, would you not? of that, but I think that the possibility of these other canon provisions and disci A. Yes, sir, I would have. getting in hearsay that goes to the merits of plinary rules?" Q. And you would have initiated the appro the case outweighs the need to express that Besides that. the testimony was in a priate action to deal with it, isn't that true? and I sustain the objection. case in court. a criminal proceeding, A. Well, I would have reported it and taken By Mr. Morvillo: which was gave.med by strict rules of Q. After learning what you lea.med on De that action that the circumstances war evidence. not b~ fishing rules, not by ranted. cember 1, 1970 with regard to the fact that hearsay, not by any of the other nonrules Q. And the fact of the matter is that you there was an investigation involving Mr. Car did absolutely nothing a.bout it untll you son, did you then consider what had hap by which the committee governed the were informed on December 1 that there was pened on November 24th to have been a bribe admission of evidence. scheduled to take place an electronic surveil offer? It seems to me, considering all those lance some time that day? A. Yes. questions, it is a matter of form that is A. Well, that is not quite accurate, Mr. Mr. MORVILLO. No further questions. being insisted upon. There is no disposi~ Br111. RECROSS EXAMINATION tion not to disclose. That disclosure has Q. Isn't it? By Mr. Brill: been made. Everything has been laid out A. Until I saw the memorandum dated No Q. Mr. Kleindienst, a.re you really serious for the public to see, including the Mem vember 30th, which the attorney general about th.alt last answer? bers of the Senate and including both handed to me, which was directed to him A. Well, I am serious about it, but I have Members of the Senate who are engaging from the director of the Federal Bureau of to explain that, Mr. Brlll. Investigation. Q. No, no, Just answer my question first, in this colloquy. Q. When did you see that? please. Mr. BA YH. Let me suggest that, to the A. I saw it at approximately 9 o'clock in the A. Yes, I am, but I would like to explain contrary, this has not been laid out. morning on Tuesday, December 1, in the office that answer, if I may. There are two times in the transcript of the attorney general. Q. Let me ask you this-you will get a that prove that. If the Senator wants us June 2, 1972 CONGRESSIONAL RECORD -SENATE 19601 to embellish the record by putting the bution, it was not immediately recognized tion of the rules of Department of Jus whole transcript in, we have done that. as a bribe? Is that an unfair question tice and probably be a basis for preju We put it all in. My staff has read it all. to ask a man who is going to be Attorney dicing either the defendant's or Govern There is no answer to this last question. General of the United States? ment's c·ase or both. On two occasions in the transcript, Mr. HRUSKA. Mr. President, same Mr. BAYH. Mr. President, so that this when the Attorney General-designate answer. can be in continuity here, let me take was being examined, he was asked to ex Mr. BAYH. Is the Senator suggesting the excerpts from the transcript. Any plain. The attorney said, "You will be he has already answered that particular body who wants to read the entire court given a chance to explain," but he never question whatever? I do not want to transcript can do so, but the pertinent came back to that again and never has force the Senator to answer the ques excerpts are as follows: the question been asked and answered: tion if he has answered it before. I will Question. After learning what you learned how it is possible for a man to see an just stop. on December 1, 1970, with regard to the obvious bribe attempt and not recognize Mr. HRUSKA. Same answer. The an fa.ct that there was an investigation involv it as a bribe? Second, why, suddenly, a swer is there and it has been given several ing Mr. Carson, did you then consider what week later, upon learning that the FBI had happened on November 24 to have been times. a. bribe? was going to conduct surveillance, did it Mr. BAYH. If the Senator does not Answer. Yes. become obvious that it was a bribe at want me to repeat the question, could Question. Mr. Kleindienst, a.re you really tempt? he just give me the page? He says it has serious about that last answer? The Senator from Nebraska and I have been answered three or four times. If Answer. Well, I am serious about it, but worked together and have been friendly he could give me one page or one sen I have to explain it, Mr. Brill. combatants on other issues. He is talking tence or one paragraph in any record, Question. No, no. Just answer the ques about a fishing expedition. I listened to anyWhere, then I will agree with him. tion, please. his statement the other day with great Answer. Yes, I am, but I would like to The record will show-and I have read explain that answer i! I may. interest. I have heard this statement re the record and transcript, and I was Question. Let me ask you. You w1ll have f erred to by others. I am not sure who is there at least as often as any member of a chance to explain. the original author, and I do not want to the committe~that that question was suggest the Senator from Nebraska is, never asked, and was never answered. He never got a chance to explain. That unless he cares to assume credit for it, I wanted to ask it, but Mr. Kleindienst is as close as he got. At that particular but does my friend from Nebraska really refused to answer. time, for some reason, he wanted to say believe that it is not a relevant question Mr. HRUSKA. Just to clear up an why it was possible to go for a week to ask an Acting Attorney General why, apparent misunderstanding of the Sen and not recognize it as a bribe, and why when someone comes into an office and ator from Indiana, it was not to the it was only after he had learned that says he is in trouble and if he will take record of the hearings I was referring; the FBI was putting a bug on Carson care of that trouble he will make a it was to the colloquy occurring on the that he thought it was a bribe. Yet he $50,000 or $100,000 contribution to the :floor of the Senate that the recent ques was denied the opportunity by defense presidential campaign why he didn't tions, several in number, all of them simi counsel. However, he was not denied by think that was a bribe? Is it a pertinent lar, were propounded, and they were an defense counsel before the Senate Ju question to ask, "Mr. Attorney General swered. It is in the colloquy between the diciary Committee; he just plain re designate, why didn't you recognize that two Senators. fused to answer himself. as a bribe?" Mr. BAYH. I respectfully submit I Mr. President, I yield the :floor. Mr. HRUSKA. Mr. President, against have never asked that question before The PRESIDING OFFICER. What is my better judgment, I rise to my feet just now. That is why I was suggesting the will of the Senate? once more. Were I on the witness stand the Senator was answering a question and that question were propounded to that was not asked. I do not see too much me, I would take refuge in the proposi to be gained by this, but the fact is that MINING AND MINERALS RESOURCES tion that that question has already been if anybody reads the record of what we RESEARCH ACT OF 1972 asked and has already been answered. said, or what was testified at the hear Mr. BAYH. Can the Senator refer to Mr. ROBERT C. BYRD. Mr. President, ings, or read the transcript of the case as in legislative session, I ask the Chair one place where it has been answered? in New York, he is never going to find Mr. HRUSKA. Mr. President, that to lay before the Senate a message from an answer to the question I wanted to the House of Representatives on S. 635. question has already been asked and an put to Mr. Kleindienst: did he recognize swered, and it is in the colloquy that oc The PRESIDING OFFICER (Mr. the $50,000 or $100,000 contribution in BEALL) laid before the Senate the amend curred between the Senator from Indi exchange for :fixing the case as a bribe? ana and myself. To be subjected to the ments of the House of Representatives to That is a reasonable question to ask. the bill (S. 635) to amend the Mining same type of repetitious questions in The Senator from Nebraska is a very areas that have been asked and an and Minerals Policy Act of 1970 which good lawyer and makes the best pos were to strike out all after the enacting swered, that we suffered through 2 sible case out of the facts involved. That months in the Judiciary Committee, it even he cannot answer this question clause, and insert: seems to me, is straining one's patience does not go to his credibility or his ex That (a} this Act may be cited as the a little too much. "Mining and Minerals Resources Research pertise, but it goes to the fact that the Act of 1972". I suggest that the Senator from In case does not have any legs to stand on. diana review the transcript and he will (b} In recognition of the fact that the We cannot take Justice Department doc prosperity and future welfare of the Nation find the question has been asked and trine or ABA canons to substantiate a is dependent in a large measure on the answered at least three times. I do not future Attorney General's refusal to an sound exploration, extraction, processing, and think it serves any purpose to answer swer a question that is a pretty im development of its unrenewable mineral re a fourth or fifth or sixth or seventh time. portant question. sources, and in order to supplement the Act Mr. BAYH. I will not ask it another Mr. HRUSKA. Mr. President, again I of December 31, 1970, Publlc Law 91-631, time if the Senator from Nebraska will rise against my better judgment. The commonly referred to as the Mining and Minerals Policy Act of 1970, the Congress answer it once. Perhaps I am not asking Senator from Nebraska answered that declares that it is the purpose o'f this Act the question accurately. Am I referring question several times, but the best an to stimulate, sponsor, provide for and/or to the proper record? I am sure the Sen swer is to be found in Mr. Kleindienst's supplement present programs for the con ator from Nebraska does not feel com own language. This area was explored duct of research, investigations, experiments, pelled to avoid answering it. The question to the extent permitted by the court by demonstrations, exploration, extraction, proc essing, development, production, and the I propounded, in answer to this fishing Mr. Carson's defense counsel. He an training of mineral engineers and scientists expedition charge that keeps coming swered under oath, in open court. That tn the fields of mining, mineral resources, back, is: Is it unreasonable to ask a transcript is in printed form, and I see and technology. man who may one day be Attorney Gen no reasonable necessity for requiring him TITLE I-STATE MINING AND MINERAL eral of the United States why, when he to go into the matter again before the RESOURCES RESEARCH INSTITUTES was asked to fix a case in exchange for committee when his solid judgment was SEC. 100. (a) There are authorized to be a $50,000 to $100,000 campaign contri- that it would have constituted a viola- appropriated to the Secretary of the Interior 19602 CONGRESSIONAL RECORD-SENATE June 2, 1972 for the fiscal year 1973, and for each suc personnel who will direct and conduct it, in coordinating research initiated under this ceeding fiscal year thereafter the sum of the estimated cost, the importance of the Act by the institutes, indicate to them such $500,000, for each participating State, to as project to the Nation, region, or State con lines of inquiry as to him seem most im sist it in establishing and carrying on the cerned, and its relation to other known re portant, and encourage and assist in the work of a competent and qualified mining search projects theretofore pursued or being establishment and maintenance of co and mineral resources research institute, cen pursued, and the extent to which it will pro operation, by and between the institutes ter, or equivalent agency (hereinafter re vide opportunity for the training of mining and between them and other research orga ferred to as "institute") at one college or and mineral engineers and scient ists, and nizations, the United States Department of university in that State, which college or the extent of participation by nongovern the Interior, and other Federal establish university shall be the tax-supported school mental sources in the project. No grant shall ments. of mines or a tax-supported college or uni be made under said subsection (a) except On or before the 1st day of July in each versity having an administrative unit such for a project approved by the Secretary of year after the passage of this Act, the Secre as a school or department wherein educa the Interior, and all grants shall be made tary shall ascertain whether the require tion and research are being carried out in upon the basis of merit of the project, the ments of section 102 have been met as to the minerals engineering fields: Provided, need for the knowledge which it is expected each State. That (1) such moneys when appropriated to produce when completed, and the oppor The Secretary shall make an annual re shall be made available to match, on a dollar tunity it provides for the training of in port to the Congress of the receipts, expen for dollar basis, non-Federal funds which dividuals as mineral engineers and scientists. ditures, and work of the institutes in all shall be at least equal to the Federal share SEC. 102. Sums available to institutes under States under the provisions of this Act. The to support the institute; (2) if there is more the terms of sections 100 and 101 of this Act Secretary's report shall indicate whether any than one such college or university in a shall be paid at such times and in such portion of an appropriation available for State, funds under this Act shall, in the amounts during each fiscal year as deter allotment to any State has been withheld absence of a designation to the contrary by mined by the Secretary, and upon vouchers and, if so, the reasons therefor. a.ct of the legislature of the State, be paid approved by him. The Secretary may desig SEC. 105. Nothing in this Act shall be con to the one such college or university desig nate a certain proportion of the funds au strued to impair or modify the legal rela nated by the Governor of the State to receive thorized by section 100 of this Act for tionship existing between any of the colleges the same subject to the Secretary's determi scholarships, graduate fellowships, and post or universities under whose direction an in nation that such college or university has, doctoral fellowships. Each institute shall set stitute is established and the government of or may reasonably be expected to have, the forth its plan to provide for the training of the State in which it is located, and nothing capability of doing effective work under this individuals as mineral engineers and sci in this Act shall in any way be construed Act; (3) two or more States may cooperate entists under a curriculum appropriate to to authorize Federal control or direction of in the designation of a single interstate or the field of mineral resources and mineral education at any college or university. regional institute, in which event the sums engineering and related fields; set forth poli TITLE II-ADDITIONAL MINING AND assignable to all of the cooperating States cies and procedures which assure that Fed MINERAL RESOURCES RESEARCH shall be paid to such institute; and (4) a eral funds made available under this title PROGRAMS designated college or university may, as au for any fiscal year will supplement and, to thorized by appropriate State authority, ar the extent practicable, increase the level of SEC. 200. There is authorized to be appro range with other colleges and universities funds that would, in the absence of such priated to the Secretary of the Interior $10,- within the State to participate in the work Federal funds, be ma.de available for pur 000,000 in fiscal year 1973, increasing $2,- of the institute. poses of this title, and in no case supplant 000,000 annually for five years, and contin (b) It shall be the duty of each such in such funds; have an officer appointed by its uing at $20,000,000 annually thereafter from stitute to plan and conduct and/ or arrange which the Secretary may make grants, con governing authority who shall receive and tracts, matching, or other arrangements with for a component or components of the col account for all funds pa.id under the pro lege or university with which it is affiliated educational institutions; private founda visions of this Act and shall make an annual tions or other institutions; with private firms to conduct competent research, investiga report to the Secretary on or before the 1st tions, demonstrations, and experiments on and individuals; and with local, State, and day of September of each year, on work Federal Government agencies, to undertake mineral resource problems having industry accomplished and the status of projects un wide application, of eit her a basic or prac research into any aspects of mining and derway, together with a detailed statement mineral resources problems related to the tical nature, or both, in relation to mining of the a.mounts received under any provisions and mineral resources and to provide for the mission of the Department of the Interior, of this Act during the preceding fiscal year, which may be deemed desirable and are not training of mineral engineers and scientists and of its disbursements on schedules pre through such research, investigations, dem otherwise being studied. The Secretary shall, scribed by the Secretary. If any of the insofar as it is practicable, utilize the fa onstrations, and experiments. Such research, moneys received by the authorized receiving investigations, demonstrations, experiments, cilities of institutes designated in section 100 officer of any institute under the provisions of this Act to perform such special research, and training may include, without being of this Act shall by any action or contin United to, exploration; extraction; process authorized by this section, and shall select gency be found by the Secretary to have been the institutes for the performance of such ing; development; production of mineral re improperly diminished, lost, or misapplied, it sources; mining and mineral technology; sup special research on the basis of the quali shall be replaced by the State concerned and fications of the personnel who will conduct ply and demand for minerals; conservation until so replaced no subsequent appropria and best use of available supplies of min and direct it, the nature of the facilities tion shall be allotted or paid to any insti available in relation to the particular needs erals; the economic, legal, social engineer tute of such State. ing, recreational, biological, geographic, eco of the research project, special geographic, SEC. 103. Moneys appropriated pursuant geologic, or climatic conditions within the logical, and other aspects of mining, mineral to this Act, in addition to being available resources, and mineral reclamation, having immediate vicinity of the institute in rela for expenses for research, investigations, ex tion to any special requirements of the re due regard to the interrelation on the natu periments, and training conducted under search project, and the extent to which it ral environment, the varying conditions and authority of this Act, shall also be avail will provide opportunity for training indi needs of the respective States, to mining able for printing and publishing the results viduals as mineral engineers and scientists. and mineral resource research projects be thereof and for administrative planning and ing conducted by agencies of the Federal direction. The institutes are hereby author TITLE III-MISCELLANEOUS PROVISIONS and State governments, and others, and to ized and encouraged to plan and conduct pro SEC. 300. The Secretary of the Interior shall avoid any undue displacement of mineral grams under this Act in cooperation with obtain the continuing advice and coopera engineers and scientists elsewhere engaged each other and with such other agencies tion of all agencies of the Federal Govern in mining and mineral resources research. and individuals as may contribute to the ment concerned with mining and mineral re SEC. 101. (a) There is further authorized solution of the mining and mineral resources sources of State and local governments, and to be appropriated to the Secretary of the problems involved, and moneys appropriated of private institutions and individuals, to as Interior for fiscal year 1973, and the four pursuant to this Act shall be available for sure that the programs authorized in this succeeding fiscal years thereafter the sum paying the necessary expenses of planning, Act will supplement and not duplicate estab of $5,000,000 annually, which shall remain coordinating, and conducting such cooper lished mining and minerals research pro available until expended. Such moneys when ative research. grams, to stimulate research in otherwise appropriated shall be made available to in SEC. 104. The Secretary of the Interior is neglected areas, and to contribute to a com stitutes to meet the necessary expenses of hereby charged with the responsibillty for prehensive, nationwide program of mining specific mineral research and demonstration the proper administration of this Act and, and minerals research. The Secretary shall projects of industrywide application, which after full consultation with other interested make generally available information and re could not otherwise be undertaken, including Federal agencies, shall prescribe such rules ports on projects completed, in progress, or the expenses of planning and coordinating and regulations as may be necessary to carry planned under the provisions of this Act, in regional mining and mineral resources re out its provisions. The Secretary shall re addition to any direct publication of infor search projects by two or more institutes. quire a showing that institutes designated mation by the institutes themselves. (b) Each application for a grant pursuant to receive funds have, or may reasonably be SEc. 301. Nothing in this Act is intended to to subsection (a) of this section shall, among expected to have, the capability of doing ef give or shall be construed as giving the Sec other things, state the nature of the project fective work. The Secretary shall furnish retary of the Interior any authority or sur to be undertaken, the period during which such advice and assistance as will best pro veillance over mining and mineral resources it will be pursued, the qualifications of the mote the purposes of this Act, participate research conducted by any other agency of June 2, 1972 EXTENSIONS OF REMARKS 19603 the Federal Government or as repealing, tween two or more agency programs, (c) of December 31, 1970, and for other pur superseding, or diminishing existing au identification of technical needs in various pose-.s." thorities, or responsibilities <:f any agency mining and mineral resources research cate Mr. ROBERT C. BYRD. Mr. President, of the Federal Government to plan and gories, ( d) recommendations with respect to conduct, contract for, or assist in research allocation of technical effort among the Fed at the request of the Senator from in its area of responsibility and concern with eral agencies, (e) review of technical man Washington EXTENSIONS OF REMARKS MAN'S INHUMANITY TO MAN-HOW DEDICATION CEREMONIES-THE The dedication ceremonies took place LONG? GEORGE W. ANDREWS LOCK AND on Friday, May 26. DAM George's wonderful and gracious wife, HON. WILLIAM J. SCHERLE ELIZABETH-now also honored as our col league here in the House-spoke at the OF IOWA HON. GEORGE H. MAHON ceremonies. Her words were moving and IN THE HOUSE OF REPRESENTATIVES OF TEXAS eloquent, coming as they did from a Thursday, June 1, 1972 IN THE HOUSE OF REPRESENTATIVES grateful heart. Mr. SCHERLE. Mr. Speaker, a child Thursday, June 1, 1972 Another distinguished Alabamian, asks: "Where is daddy?" A mother asks: Mr. MAHON. Mr. Speaker, the Con Adm. Tom Moorer, Chairman of the Joint "How is my son?" A wife asks: "Is my gress, in Public Law 92-229, approved by Chiefs of Staff, delivered the principal husband alive or dead?" the President February 15 of this year, remarks at the memorial luncheon in Communist North Vietnam is sadisti designated an important waterway pro Dothan, Ala. He and George were very cally practicing spiritual and mental ject in Alabama as the "George W. An special friends. genocide on over 1,600 American pris drews Lock and Dam" in honor of our Mr. Speaker, I am certain that George's oners of war and their families. late distinguished and beloved colleague, countless friends here in the legislative How long? George Andrews, of Union Springs, Ala. branch-including members of the Com-