Unsealed October 11, 2018 by ChiefJudge Beryl A. Howell, United States


 

 

 

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

 

I


IN RE REPORT AND . 
TION OF JUNE 5, 1972 GRAND .
JURY CONCERNING TRANSMISSION Misc. No.

OF EVIDENCE TO THE HOUSE OF
REPRESENTATIVES

IO

.0 I.

 

REPORT AND RECOMMENDATION

The June 5, 1972 Grand Jury has heard evidence that
has led it to return the indictment being submitted here?
with. It has also heard evidence that it regards as having
a material bearing on matters that are within the primary
jurisdiction of the House of Representatives Committee on
the Judiciary in its present investigation to determine
whether sufficient grounds exist for the House of Repre?
sentatives to exercise its constitutional power to impeach
Richard M. Nixon, President of the United States. It is
the belief of the Grand Jury that it should presently defer
to the House of Representatives and allow the House to
determine what action may be warranted at this time by this
evidence.

It is the Grand Jury's strong and unanimous recommenda?
tion to the Court, therefore, that the evidence referred to
above be transmitted forthwith to the House Judiciary Committee
for such use as it considers appropriate, with the further
recommendation that the Committee be advised of the Grand
Jury's belief that this evidence should be received, considered,
and utilized with due regard for avoiding any unnecessary
interference with the ability of the Court to conduct fair

trials of persons under criminal indictment.

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The Grand Jury has compiled the evidence it recommends
be transmitted to the House Judiciary Committee and it has
instructed the Foreman to submit this evidence to the COurt
under seal for the Court's consideration.

Respectfully submitted.

 

Foreman, June 5, 1972 Grand Jury

I

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MATERIAL IN THE GRAND POSSESSION
HAVING A MATERIAL BEARING ON MATTERS
WITHIN THE PRIMARY JURISDICTION OF THE
UNITED STATES HOUSE OF REPRESENTATIVES
COMMITTEE ON THE JUDICIARY RELATING

TO QUESTIONS OF IMPEACHMENT

I. MATERIAL BEARING ON A $75,000 PAYMENT
TO E. HOWARD HUNT AND RELATED EVENTS.

II. MATERIAL BEARING ON THE 


MATERIAL BEARING ON EVENTS UP TO AND
INCLUDING MARCH 17, 1973.

IV. THE PUBLIC STATEMENTS AND
MATERIAL BEFORE THE GRAND JURY RELATED
THERETO.

FOIA 58707 (URTS 16380) 70105890 Page 3

I.

 

MATERIAL BEARING ON A $75,000 PAYMENT

TO E. HOWARD HUNT AND RELATED EVENTS.

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On or about March 16, 1973, E. Howard Hunt had a meeting
with Paul O'Brien during which Hunt demanded approximately
$120,000 and asked O'Brien to tell John Dean that Hunt had
done some "seamy things" for the White Houae and for John
Ehrliohman and that, if Hunt were not paid soon, Hunt would

have to "review his options."

 

1.1 Grand Jury Testimony of Paul O'Brien, January 24,
1974, pp. 27~3o. -

1.2 Grand Jury Teaimony of E. Howard Hunt, July.17,,
1973, pp. 87~95.

1.3 Grand Jury Testimony of E. Howard Hunt, January 29,
1974, pp. 63-71. -

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On or about March 19, 1973, Paul O'Brien had a conversation
with John Dean during which O'Brien related Hunt's message

t0 Dean .

 

2.1 Grand Jury Testimony of John Dean, February 14,
1974, pp. 13?14. .

2.2 Copy of U.S. Secret Service White House Appointment
Record, March 19, 1973, 5:20 for Paul O?Brien.

Item 1.1, p. 30.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 6 -

On or about March 19, 1973, John Dean had a conversation
with John Ehrlichman in which Dean told Ehrlichman of
Hunt?s message and in which Ehrlichman asked Dean to

relay the message to John Mitchell.

 

3.1 Grand Jury Testimony of John Ehrlichman, September
13, 1973, pp. 2~6.

3.2 Grand Jury Testimony of Egil Krogh, January 29,
1974, pp. 5-10.

Item 2.1, p. 14.

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4. On or about March 20, John Dean had a conversation with

John Mitchell concerning Hunt?s message.

 

4.1 Grand Jury Testimony of John-Dean, February 14,
1974, pp. 14?16.

Item 5.1, tape recording and transcript of a meeting
on the morning of March 21, 1973, Tr. 27, 65-66.

FOIA 58707 (URTS 16380) 70105890 Page 8

 

 

From approximately 10:15 a.m. to approximately noon on

March 21, 1973, the President had a meeting with John Dean,
the latter part of which was also attended by H. R. Haldeman,
during which there was discussion of the involvement and
possible involvement of Haldeman, Dean, John Ehrlichman,

John Mitchell, Jeb Magruder, Gordon Strachan, Fred LaRue,
Herbert Porter, Egil Krogh, Herbert Kalmbach, and others in
obstruction of justice and perjury, the fact that E.
Howard Hunt was demanding $120,000 and might disclose the
"seamy things" Hunt had done for Ehrlichman, as well as
other matters, the amount of money that would ultimately-
be required to keep Hunt and the other Watergate defendants
silent, how delivery of such money could be accomplished,

and by whom, the fact that Hunt and others expected

help with respect to the length of time they would spend in
jail, the likelihood that facts respecting the involve?
ment of those listed above and others might become publicly
known, whether to pay Hunt in order to "buy time," and
possible courses of action that might be taken with

respect to all of the above matters.

 

5.1 Tape recording of a meeting on the morning of March
21, 1973, between the President and John Dean,
during which H. R. Haldeman was present for a part
of the meeting, and transcript thereof.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 9

 

5. (cont.)

Dictabelt recording of the President's recollections
of March 21, 1973, and transcript thereof.

Item 28.1, tape recording and transcript of June 4,
1973, Tr. 6.

Item 23.1, tape recording and transcript of a meeting
on April 16, 1973, Tr. l3~l4.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 10

 

 

 

 

 

At or about 12:30 p.m. on March 21, 1973, H. R. Haldeman

had a telephone conversation with John Mitchell.

 

6.1 H. R. Haldeman's telephone log for March 21, 1973,
furnished by White House counsel to the FBI,
February 13, 1974.

6.2 Grand Jury Testimony of H. R. Haldeman, January 30,
1974, pp. 4?16. 

Item 4.1, Grand Jury Testimony of John Dean,
February 14, 1974, p. 16. 

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In or about the early afternoon of March 21, 1973,
John Mitchell had a telephone conversation with Fred
LaRue during which Mitchell authorized LaRue to pay

approximately $75,000 to E. Howard Hunt.

 

7.1 Grand Jury Testimony of Fred LaRue, February 13,
1974, pp. 7-10A.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 12

 

 

At or about 3:45 p.m. on March 21, 1973, H. R. Haldeman

met with John Ehrlichman and John Dean, during which

meeting there was a discussion of the possible courses of

action to be taken with respect to the matters discussed

by the President, Haldeman, and Dean that morning.

 

Grand Jury Testimony of John Dean, February 14,
1974, p. 17.

Meeting logs of H. R. Haldeman, March 21, 1973.
Meeting logs of John Ehrlichman, March 21, 1973.
Item 9.1, tape recording and transcript of the
later meeting on the afternoon of March 21, 1973,

between the President, Dean, Haldeman, and
Ehrlichman, Tr. 1-2.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 13

 

 

 

From approximately 5:20 p.m. to approximately 6:00 p.m.

on March 21, 1973, the President met with John Dean,

H. R. Haldeman, and John Ehrlichman, at the outset of
which meeting several possible courses of action, 
testimony before a new Grand'Jury or before an independent
panel established to investigate all the facts, were
rejected and during which meeting there was further dis?
cussion of Hunt's demand and of the possible remaining
courses of action open that might be taken.with respect

to the matters discussed that morning by the President,

Haldeman, and Dean.

 

9.1 Tape recording of a meeting on the afternoon of
March 21, 1973, between the President, H. R.
Haldeman, John Ehrlichman, and John Dean, and
transcript thereof. -

Item 5.2, dictabelt recording and transcript of
March 21, 1973. 

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10.

On the late evening of March 21, 1973, Fred LaRue caused

$75,000 in cash funds for E. Howard Hunt to be placed in

the mailbox at the residence

of Hunt's attorney, William O.

 

Bittman.

10.1 Grand Jury Testimony of Fred LaRue, February 13,
1974, pp. 2?6.

10.2 Grand Jury Testimony of Manyon Millican, February
13, 1974, passim.

10.3 Grand Jury Testimony of Sherman Unger, February
19, 1974, passim.

10.4 Grand Jury Exhibits through SU-7, February
19, 1974. . 

10.5' Grand Jury Testimony of William O. Bittman,
August 3, 1973, pp. 189?191, 194~196.

10.6- Grand Jury Testimony of'EL Heward Hunt, July 17,

1973, pp. 95, 111?112.

FOIA 58707 (URTS 16380) 70105890 Page 15

 

 

11.

 

On the morning of March 22, 1973, John Mitchell attended
a meeting with H. R. Haldeman, John D. Ehrlichman, and

John Dean, during which Mitchell stated that Hunt was no

longer a problem.

 

11.1 Grand Jury Testimony of John Dean, February 14,
1974, pp. 17?18.

11.2 Grand Jury Testimony of H. R. Haldeman, January
30, 1974, pp. 36?38.

11.3 Grand Jury Testimony of John Ehrlichman, September
13, 1973, pp. 67?73.

Item 9.1, Tr. 4.

FOIA 58707 (URTS 16380) 70105890 Page 16

 

12.

On the afternoon of March 22, 1973, the President met
with John Mitchell, H. R. Haldeman, John Ehrlichman,

and John Dean during which meeting there was discussion
of a possible course of action that might be taken with
respect to the matters discussed on the morning of

March 21, 1973, namely, preparation by Dean of a written
"report" stating that high White House officials were
not involved in the Watergate break?in -- on which the

President could at a later time "rely," if necessary.

 

12.1 Tape recording of a meeting on the afternoon.of
.March 22, 1973, between the President, John
Mitchell, H. R. Haldeman, John Ehrlichman,-and
John Dean, thereof, Tr. 16?18, 32.

12.2 H. R. Haldeman?s notes of the meeting referred to
in Item 12.1.

Item 9.1, tape recording and transcript of a meeting

on the afternoon of March 21, 1973, Tr. 8?9, 14,
19?20, 22.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 17 

 

 

l3.

 

On or about the afternoon of March 22, 1973, John
Ehrlichman had a conversation with Egil Krogh in which
Ehrlichman stated that Krogh should "hang tough" and

that Hunt was "more stable" and would not "disclose all."

 

13,1 Grand Jury Testimony of Egil Krogh, January 29,
1974, pp. 10?11.

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14.

 

 

Fed. R. Crim. Pro. 6(e) - Grand JuryFOIA 58707 (URTS 16380) Docld: 70105890 Page 19

 

 

II. MATERIAL BEARING ON THE 



FOIA 58707 (URTS 16380) 70105890 Page 20

 

15.

On March 26, 1973, Ronald Ziegler was instructed by the
President to express the President's confidence in his
counsel, John Dean, and Ziegler announced publicly that

the President had ?absolute and total" confidence in?

 

Dean.
15.1 Grand Jury Testimony of Ronald Ziegler,
February 12, 1974, pp. 62?65.
15.2 . Copies of AP and UPI wire clips-for March 26, 1973.

FOIA 58707 (URTS 16380) 70105890 Page 21

 

16.

On or about March 27, 1973, the President instructed

John Ehrlichman to contact Richard Kleindienst; on or

about March 28, 1973, Ehrlichman had a telephone con-
versation with Kleindienst in which Ehrlichman told
Kleindienst that the President's "best information" was

that no one in the White House had "prior knowledge? of

the Watergate break?in, but that serious questions were
being raised about John Mitchell, and the President wished
to have Kleindienst communicate privately with the President

if Kleindienst obtained any information concerning Mitchell.

 

16.1 Dictabelt recording of a telephone conversation 
between John Ehrlichman and Richard Kleindienst
on or about March 28, 1973, and transcript thereof.

Item 44.3, President's public statement of August
15, 1973, p. 2.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 22

On or about March 30, 1973, the President instructed
John Ehrlichman to "step into what Dean has been doing,"
to advise the President about Executive Privilege and
attorney-Client privilege, and to "set . . . strategy
with regard to testifying.at the Committee-and the Grand
Jury and these other places and I need to know where the

truth lies in this thing."

 

17.1 Senate Select Committee Testimony of John
Ehrlichman,?July?27, 1973, Daily Tr. 5724.

Item 44.3, President's public statement of
August 15, 1973, p. 2.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 23

 

18.

On March 30, 1973, Ronald Ziegler reiterated in a public
statement that "no one in the White House had any involvement"

in Watergate.

 

18.1 . Grand Jury Testimony of Ronald Ziegler, February
12, 1974,99. 71-72.

18.2 Transcript of White HouSe preSs briefing, March 30,
1973 (#1704, p. 708).

FOIA 58707 (URTS 16380) 70105890 Page 24

19.

On Sunday, April 15, 1973, Richard Kleindienst and Henry

Petersen had a meeting with the President at their request

and advised the President of information in possession of

the prosecutors obtained in part from the cooperation of

John Dean and Jeb Magruder; Kleindienst and Petersen

urged the President to fire Haldeman and Ehrlich?an immediately

because of their.imp1ication in the Watergate matter.

19.1

19.2

19.3

Grand Jury Testimony of Henry Petersen, February 5,
1974, pp. 2?12, and August 23, 1973, pp. 68?72.

EXberpt from a transcribed interview with Henry
Petersen, May 29, 1973, pp. 29?30.

'PreSident's notes of meetings on April 15, 1973,
with.Kleindienst, Petersen, and Dean.

Item 22.1, tape recording and transcript of a
morning meeting on Tr. 5.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 25

 

20.

On the evening of April 15, 1973, the President had a

meeting with John Dean (immediately preceded and followed

by meetings with John Ehrlichman and H.R. Haldeman)

during which meeting the President told Dean that the President
had been "joking? about the million dollars and that the
President had been foolish to talk with Charles Colson

about Clemency for E. Howard Hunt.

 


20.1 President's Daily Diary for April 15, 1973.
20.2 Grand Jury Testimony of John Dean, February 14,

1974, pp. 20? 24.

Item 19.3, President's notes.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 26

 

 

21.

At or about 11:45 p.m. on April 15, 1973, the President

had a telephone conversation with Henry Petersen.

 

21.1 Grand Jury Testimony of Henry Petersen, February
5, 1974, pp. 24-27.

21.2 Grand Jury Testimony of John Ehrlichman, May 3, 1973,
pp. 177-179.

21.3 Grand Jury Testimony.of L. Patrick Gray, July 20,
1973, pp. 113-118.

Item 20.1, President?s Daily Diary for April 15, 1973.

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22.

On the morning of April 16, 1973, the President met with
John Dean during which meeting there was discussion of

what the President would say publicly the next day
about Watergate, what Dean would testify to concerning
any discussions Dean had had with the President (including
Dean's discussion with the President on March 21 about

Hunt?s demand), and the payment to Hunt.

 

22.1 Tape recording of a meeting on the morning of
April 16, 1973, between the President ,and John

'Dean, and transcript thereof.

Item 5.1, tape recording and transcript of a.
morning meeting on March 21, 1973, Tr. 18?20,
23?27, 38, 40, 53?54, 65-67, 70-71.

tem]4.l, testimony of H. R. Haldeman.

Item 19.1, Henry Petersen's testimony of February
5, 1974, p. 10.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 28*

 

 

23.

On the afternoon of April 16, 1973, the President met

with John Deane

 

23.1 Tape recording of a meeting on the afternoon of
April 16, 1973, between the President and John
Dean, and transcript thereof. 

FOIA 58707 (URTS 16380) 70105890 Page 29

24. From on or about April 15, 1973, to on or about April 28,
1973, the President had numerous conversations with

Henry Petersen.

 

 

24.1 Logs of Henry Petersen's conversations with the
President.

24.2 Grand Jury Testimony of Henry Petersen, February
5, 1974, pp. 12423, 29?33 and August 23, 1973,

pp. 71-75.

FOIA 58707 (URTS 16380) 70105890 Page 30

 

25.

During the period April 15, 1973, to April 30, 1973,
the President had numerous meetings with John Ehrlichman

and/or H.R. Haldeman, and also met with their attorneys.

 

25:1 Logs of H.R. Haldeman's conversations with the
President.

25.2 Logs of John Ehrlichman's conversations with the
President.

25.3 President's Daily Diary_for April 19, 1973.

FOIA 58707 (URTS 16380) 70105890 Page 31

 

26.

On or about April 18, 1973, the President had a
conversation with Henry Petersen during which the
President instructed Petersen not to investigate the
break-in at the offices of Dr. Daniel Ellsberg's

that occurred in September 1971.



 

26.1 Grand Jury Testimony of Henry Petersen, August
23, 1973, pp. 73-75..

Item 44.2, President's public statement of_May 22,-
1973, p. 5.

FOIA 58707 (URTS 16380) D0cld: 70105890 Page 32

 

 

'27.

On or about April 25 and April 26, 1973, H. R. Haldeman,
at the President's instructions, listened to one or more
tape recordings of Presidential conversations including
the recording of a meeting on the morning of March 21, 1973,

made notes thereon, and reported to the President.

 

27.1 Grand Jury Testimony of H.R. Haldeman, January 30,
1974, pp. 25-31.

.27.2 AH.R.7Haldeman?s notes,of listening to Item Sul-

FOIA 58707 (URTS 16380) Docld: 70105890 Page 33

 

28.

 

Fed. R. Crim. Pro. 6(e) Grand Jury 
I

I
On June 4, 1973, the President listened to a number of

tape recordings and had a conversation with Alexander

Haig concerning the tape of the March 21, 1973, morning

I
meeting.

I

I
IL
I


28.1 Tape recording of portions of a conversation on
June 4, 1973, between the President and Alexander
Haig, and transcript thereof.

 

28.2

 

 

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 MATERIAL BEARING ON EVENTS UP TO AND

INCLUDING MARCH 17, 1973.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 35

29.

On April 4, 1972, the President met with Messrs. H. R.
Haldeman and John Mitchell, at which time certain campaign
decisions?made by Mitchell at Key Biscayne, Florida, on

or about March 30, 1972, were reviewed; one of the decisions
made at Key Biscayne was to approve a budget of approximately

$250,000 for a CRP intelligence program headed by G. Gordon

 

Liddy.

29.1 Grand Jury Testimony of Jeb S. Magruder, May 2,
1973, pp. 22m25.

29.2 Grand Jury Testimony of Fred LaRue, April 18,
1973, pp. 7?12. 

29.3 Log of H. R. Haldeman's conversations with the

unPresident, April 4, 1972.

'29.4 Grand Jury Testimony of Robert Reisner, August 15,
1973, pp. 38?44.

29.5 Senate Select Committee Testimony of H. R. Haldeman,
excerpt from Daily Tr. 6071-72, Grand Jury Exhibit
R5, February 26, 1974.

29.6 Grand Jury Testimony of John Dean, November 19,

1973, pp. 23?29.

Item 42.1, tape recording and transcript of a morning
meeting on March 13, 1973, Tr. 40w41.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 36

 

 

Fed. R. Crim. Pro. 6(e) Grand Jury 


I

 

30.

 

 

 

 

H. R.

 

Haldeman had previously been informed that meetings had

taken place in John Mitchell'sloffice in January and


February 1972 attended by Magruder, Liddy, and John Dean
I
at which a program involving uqlawful electronic

 

I
surveillance had been discussed.

I





 

30.1

 

 

 

Item 29.6.

FOIA 58707 (URTS 16380) 70105890 Page 37

 



On June 20, 1972, H. R. Haldeman met with the President
from approximately 11:30 a.m. to approximately 12:45 p.m.
during which meeting Watergate was discussed; approximately
18 minutes of the Presidential tape recording of that
meeting subpoenaed by the_Grand Jury, including all-of the-

discussion of Watergate, has been obliterated.

 

31.1 President's Daily Diary for June 20, 1972.

31.2 H. R. Haldeman's notes of a meeting with the
President on June 20, 1972.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 38

 

32.

On or about June 20, 1972, the President had a telephone
conversation with John Mitchell. The Presidential tape
recording of this telephone conversation was subpoenaed by
the Grand Jury but was not produced, with the explanation
that the telephone instrument on which the conversation
took place was not connected to the White House taping

system.

 

32.1 Excerpt_from a dictabelt recording of the President's
recollections of June 20, 1972, and transcript thereof.

. 0
Item 31.1, President's Daily Diary for June 20, 1972.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 39

 

33.

On or about June 28, 1972; H. R. Haldeman and John
Ehrlichman approved the use of Herbert Kalmbach to
raise and distribute covert cash funds to and for the

benefit of those involved in the Watergate break~in.

 

33.1 Grand Jury Testimony of John Dean, November 19, 1973,
pp. 93, 102?103.

I -

FOIA 58707 (URTS 16380) 70105890 Page 40

 

34.

On June 30, 1972, the President had a meeting with

H. R. Haldeman and John Mitchell.

 

34.1 Tape recording of a portion of a meeting between
the President, H. R. Haldeman, and John Mitchell
on June 30, 1972, and transcript thereof; 

58707 (URTS 16380) Docld: 70105890 Page 41

 

On July 6, 1972, the President had a telephone conversation
with L. Patrick Gray during which Gray warned the President
that the President's top aides were "mortally wounding" him
and/or were not cooperating with the investigation,

and/or that "the matter of Watergate might lead higher."

 

35.1 - Grand Jury Testimony of L. Patrick Gray, July 19,
1973, pp. 101?103.

Item-44.4, p. 2330?. - .

Item 44.2, p. 6.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 42

 

36.

In or about July 1972, John Ehrlichman had a conversation
with the President regarding the possibility of executive

clemency for those involved in Watergate.

 

36.1 Grand Jury Testimony of John Ehrlichman, September
13, 1973, pp. 88?92 and 127?128.

Item 45.1, p. 2.

Item 44.3, p. 3.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 43

 

2:33;. 

On September 15, 1972, the President had a meeting with
H. R. Haldeman and John Dean during which there was
discussion of the fact that Watergate had been "kept

away from the White House," the President complimented

irDean for the.skillfu1 manner with which Dean had "handled"

'Watergate by keeping Dean's "fingers in the dike," and

the President commented that "the worst may happen, but

it may not; so you just try to button it up as well as you

can and hope for.the best."

 

37.1 Tape recording of a portion of a meeting between
the President, H. R. Haldeman, and John Dean on
September 15,_19721_and transcript thereof.

37.2 H. R. Haldeman's notes_g? the meeting'referred
to in.Item 37.1. - .

37.3 H. R. Haldeman's notes of listening to the tape
recording referred to in Item 37.1.

FOIA 58707 (URTS 16380) 70105890 Page 44

38.

In or about early December 1972 and early January 1973,
H. R. Haldeman approved transfer of money from a secret
White House cash fund of $350,000 to be used for payments

to and for the benefit of the Watergate defendants.

 

38.1 Grand Jury Testimony of John Dean, November 20,
1973, pp. 34?36.

38.2 Grand Jury Testimony of H. R. Haldeman, January
30, 1974, pp. 124-126.

FOIA 58707 (URTS 16380) 70105890 Page 45

 

 

?7

39.

In or about late February, John Dean had a conversation
with John Ehrlichman during which Dean stated that a
claim of Executive Privilege with respect to Dean's
possible testimony about Watergate might not be sustained

because Dean had had so few meetings with the President.

 

39.1_ Grand Jury Testimony of John Dean, February 14,
1974, pp. 7~8.

FOIA 58707 (URTS 16380) 70105890 Page 46

 

 

Fed. R. Crim. Pro. 6(e) Grand Jury 

 

 

 

40.

 

 

 

FOIA 58707 (URTS 16380) 70105890 Page 47

 

 

 

41.

On February 28, 1973, the President had a meeting with
John W. Dean during which there was discussion of the
Watergate matter, possible clemency for'the Watergate

defendants, and the role of CRP and John Mitchell in

 

Watergate.

41.1 Tape recording of a meeting between the President
and John Bean on February 28, 1973, and transcript
thereof.

FOIA 58-707 (URTS 16380) 70105890 Page 48

 

 

42.

On March 13, 1973, the President had a meeting with

John Dean during which there was discussion of the pre-

June 17, 1972, role of Gordon Strachan in Watergate and
Strachan's statements to investigators; the possible

public testimony of Maurice Stans, Herbert Kalmbach, and
Hugh Sloan; the pre?June 17, 1972, role of Jeb Magruder in
Watergate; the status of H. R. Haldeman, the role of Mitchell
and Haldeman regarding Liddy's intelligence program at 

and the inadvisability of making full disclosure.

 

42.1 Tape recording of a meeting between the President
and John Dean on March 13, 1973, and transcript
thereof.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 49

On March 17, 1973, the President had a meeting with
John Dean during which there was diecussion of the

involvement of Strachan and others in the Watergate

matter.

 

43.1 Grand Jury Testimony of John Dean, February 14,
1974, pp. 10?13.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 50

.0

IV. PUBLIC STATEMENTS AND
MATERIAL BEFORE THE GRAND JURY RELATED

THERETO.

FOIA 58707 (URTS 16380) 70105890 Page 51

 

 

 

 

On May 22, 1973, the President said in a public statement

that ?[nleither did I know until the time of my own

inveStigation [March 21, 1973], of any efforts to provide

[the Watergate defendants] with funds." ,On August 15, 1973,

the President said in a public statement that he was told

on March 21, 1973, that money had been raised for.payments

to the defendants for attorney fees and family support and

not "to procure silence from the recipients."

 

?44.1

'44.2

44.3

44.4

. Accompanying Statement by the President, May'22,

1973.

Statement by the President, May 22, 1973, p. 6.

Statement by the Preident,-August 15, 1973, p. 2.

Transcript of news conference by the President,.
August 22,?1973, 1973 Cong. Quarterly, August 25,
1973, p. 2334.

Item 5.1, tape recording and transcript of a meeting
on the morning of March 21, 1973, Tr. 17, 18, 58, 61.

FOIA 58707 (URTS 16380) 70105890 Page 52

 

 

45.

On May 22, 1973, the President said in a public statement
that "At no time did I . . I know abont any offer of
Executive clemency for the Watergate defendants." On
August 15, 1973, the President publicly reaffirmed that

statement, adding that he had consistently maintained since

July 1972 a position'that under'no circumstances could

executive clemency be considered for those who participated
in the Watergate break-in." On November 17, 1973, the
President in a publicly televised question and answer session

said that While clemency "was not recommended by any member

of.my staff . . - it was on occasion suggested as a result

of news reports that clemency might become a factor," but

the President said he "turned it down whenever it was

suggested."

45.1 Transcript of a question and answer session by the
President with A. P. Managing Editors, November 17,
1973, New York Times clips, November 18, 1973, p. 2.

Item 44.1.

Item 44.2, p. 6.

Item 44.3, p. 3.

Item 41.1, tape recording and transcript of a meeting
on February 28, 1973, Tr. 39-40.

Item 5.1, tape recording and transcript of a meeting
-on the morning of March 21, 1973, Tr. 19, 23, 38, 42?
43, 56?57.

Item 20.2.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 53 .

 

46.,

On August 15, 1973, the President said in a public statement
that "Not'only was I unaware of any cover?up, but . . .

until March let, I was unaware that there was anything to

cover~up.? On August 22, 1973, the President said in a

press conference that "when we met on Sept. 15 and again

throughout our discussions in the month of March, Mr. Dean
insisted there was not -- and I used [gig] his words -- a
?scintilla of evidence' indicating that anyone on the White
House staff was involved in the planning of,the Watergate
break?in.? On August 15, 1973, the President said in a public
statement that on March 21, 1973, was told . . . for

the first time that the planning of the Watergate went

beyond those who had been tried and convicted, and that at

least one, and possibly more, persons at the Re~Electionr

I

Committee were involved."

 

Item 44.3, pp. 1, 2.
Item 44.4, p. 2331.

Item 34.1, tape recording and transcript of a meeting
on June 30, 1972.

Item 37.1, tape recording and transcript of a meeting
on September 15, 1972.

Item 41.1, tape recording and transcript of a meeting
on February 28, 1973.

Item 42.1, tape recording and transcript of a meeting
on March 13, 1973.

FOIA 58707 (URTS 16380) 70105890 Page 54

 

On August 15, 1973, the President said in a public state-
ment that ?My consistent position from the beginning has'
been to get out the facts about Watergate, not to cover

them up." On August 22, 1973, the President said that in

June 1972 he had talked with Clark MacGregor, who had assured

*?therPresident that MacGregor would conductiua-thorough investie??

gation" of possible involvement by the Committee to Re-Elect
the President in the Watergate break~in. The President-also
said that responsibility to investigate possible White House
involvement was given to John Ehrlichman, who, in turn, 
delegated the responsibility to.John Dean. On August 29,

1972, the President said in a press conference that on the

'basis.of "a complete investigation? by John Dean can say

_categorically_that . no one ih the White House staff, no

one in this Administration, presently employed, was inVOIVed
in this very bizarre incident." On March 2, 1973, the Presi-

dent publicly reiterated this conclusion.

 

47.l Transcript of a news conference by the President,
August 29, 1972 pp. 1-2.

 

47.2 Transcript of news conference by the President,
March 2, 1973, p. 12.

47.3

47.4

 

 

 

Fed. R. Crim. Pro. 6(e) - Grand Jury 

 

FOIA 58707 (URTS 16380) Docld: 70105890 Page 55

 

 

Fed. R. Crim. Pro. 6(e) - Grand Juryl .


 


47. (cont.) -



 

47.5

 

 

 

47.6 Grand Jury Testimony of John Dean, November 19,_
1973, pp. 48-50. 

Item 44.3. p. 3.

Item 44.4, pp. 233le32.

 

FOIA 58707 (URTS 16380) Docld: 70105890 Page 56

 

48.

On April 30, 1973, the President said in a public statement
that, as a result of new information received on March 21,
1973, again ordered that all persons in the Government
or at the Re?election Committee should cooperate fully with

the FBI, the prosecutors and the Grand Jury."

 

48.1 Sttement by the President, April 30, 1973, p. 2.

Item 5.1, tape recording and transcript of a meeting
on the morning of March 21, 1973, Tr. 63.

Item 9.1, tape recording and transcript of a meeting
on the afternoon of March 21, 1973, Tr. 1-2.

Item 22.1, tape recording and transcript of a meeting
on the morning of April 16, 1973, Tr. 15.

FOIA 58707 (URTS 16380) 70105890 Page 57 . 

 

 

On August 22, 1973, the President said at a press conference
that at a meeting on March 22, 1973, with Messrs. Mitchell,
Haldeman, Ehrlichman, and Dean, kept pressing-tor the View
that I had had throughout, that we must get this story out,

get the truth out, whatever and whoever it's going to hurt."

 

Item 44.4, pp. 2332.

Item 5.1, tape recording and transcript of a meeting
on the morning of March 21,1973.

Item 9.1, tape recording and transcript of a meeting
on.the afternoon of March 21, 1973.

Item 12.1, tape recording and transcript of a meeting
on March 22, 1973.

Item 22.1, tape recording and transcript of a meeting'
on the morning of.Apri1 16,1973.

FOIA 58707 (URTS 16380) 70105890 Page 58

 

50.

On August 15, 1973, the President said in a public statement
that "When I learned on March 30th that Mr. Dean had been
unable to complete his report, I instructed Mr. Ehrlichman

to conduct an independent inquiry and bring all the facts to

wvmey. On April-14, Mr. Ehrlichman gave me his findings, and

I directed that he report them to the Attorney General

immediately."

 

50.1 Grand Jury Testimony of John Ehrlichman, September 13,
1973, pp. 138-140.

50.2 Grand Jury Testimony of Richard Kleindienst, August 9,
1973, pp. 67?69.

Item 44.3, p. 2.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 59

 

 

51.

On April 17, 1973, the President said in a public
statement that he had met on April 15, 1973, with
Richard Kleindienst and Henry Petersen "to review

the facts which had come to me in my investigation

 

51.1 Statement by the President, April 17, 1973, p.2.

51.2 Grand Jury Testimony of Henry Petersen, August 23,
1973, pp. 68-69.

51.3 Grand Jury Testimony of Henry Petersen, February 5,
1974, p. 7.

Item 22.1, tape recording and transcript of a
meeting on the morning of April 16, 1973, Tr. 6?7.

FOIA 58707 (URTS 16380) Docld: 70105890 Page 60

 

52.

On August 22, 1973, the President said at a news conference,
in response to the question why he did not immediately turn
over information concerning criminal wrong*doing to the
prosecutors in March and April 1973, that he assumed that

John Dean in March was telling Henry Petersen everything

that Dean was telling the President; the President implied

-that;he assumed the same about John Ehrlichman after March

30, 1973.

 

Item 44.4, p. 2335.

Item 5.1, tape recording and transcript of a meeting
onHEhe morning of March 21, 1973, Tr. 37.

Item recording and transcript?of'a meeting
on the afternoon of March 21, 1973. Tr. 18?19.

FOIA 58707 (URTS 16380) 70105890 Page 61

 

 

53.

On August 15, 1973, the President said in a public state?
ment that the "allegations" that were made to him on
March 21, 1973, "were made in general terms, . . . and

they were largely unsupported by details or evidence,"

information I had

been given on March let had been supplemented in important
ways, particularly by Mr. Ehrlichman's report to me on
April 14th, by the information Mr. Kleindienst and Mr.

Petersen gave me on April 15th, and by independent inquiries

I had been making on my own."

 

Item 44.3, p. 2.

Item 5.1, tape recording and transcript of a meeting
on the morning o? March 21, 1973.

FOIA 58707 (URTS 16380) 70105890 Page 62