277 break-in. The meeting on September 7, 1971 immediately followed a meeting between the President and Ehrlichman. On September 10, 1971 the President talked to Colson immediately following the President's meeting with Ehrlichman. Ehrlichman met at 4:00 p.m. with Krogh and Young and Colson met with Young at 8:00 p.m. (6) Meeting between the President and Henry Petersen on April 19, 1973 between 10:12 and 11:07 a.m. The President, by letter of April 29, 1974, forwarded to Judge Gerhard Gesell in United States v. Ehrlichman a transcript of this conversation between the President and Henry Petersen during which there was a discussion of the Fielding break-in. In his letter the President stated that if the Judge desired to hear the tape itself, arrangements could be made with the President's Counsel. Materials in the possession of the Committee indicate that the President discussed internal security considerations. (7) Meeting between the President and Richard Kleindienst on April 25, 1973. Richard Kleindienst has testified that he met with the President on April 25, 1973 at the White House to advise the President to send information about the Fielding break-in to Judge Byrne in the Ellsberg case. (Richard Kleindienst testimony, 9 SSC 3574-75, 3607). The President has stated that Kleindienst came to see him and the President instructed that the Justice Department memoranda relating to the break-in be filed with the Court in Los Angeles. (President Nixon's statement, May 22, 1973, 9 Pres. Docs. 696). Part B of the subpoena requests the following materials: All memoranda, correspondence, papers and things prepared by, sent to, received by or at any time contained in the files of Charles Colson, H. R. Haldeman, John Ehrlichman, Egil Krogh and David Young to the extent that such memoranda, correspondence, papers and things relate or refer directly or indirectly to the activities of the White House Special Investigations Unit. These memoranda, correspondence, papers and things include, but are not limited to: (1) All handwritten notes of John Ehrlichman produced by the White House on June 5 and June 6, 1974 pursuant to an order of Judge Gerhard Gesell in United States v. Ehrlichman (D.C.D.C. Cr. 74–116). (2) Handwritten notes of John Ehrlichman of a meeting on July 12, 1971 among the President, John Ehrlichman and Robert Mardian. Part B of the subpoena seeks materials in the files of specified White House staff members relating to the activities of the White House Special Investigations Unit; the White House staff members listed in Item B were involved in activities relating to the Special Investigations Unit. Item B refers to the handwritten notes of John Ehrlichman with respect to certain specified meetings. They were produced by the White House on June 5 and June 6, 1974, pursuant to the Order of the Court and arrangements with the White House in United States v. Ehrlichman (D.C.D.C. Cr. 74-116) in which Ehrlichman is charged with perjury and other violations in connection with the Fielding break-in. 278 In an affidavit dated June 12, 1974, Fred Buzhardt, Counsel to the President, acknowledged that these materials bore on the issues in that trial. Item C refers to handwritten notes by John Ehrlichman of a meeting on July 12, 1971 among the President, Ehrlichman and Robert Mardian. Ehrlichman has requested these notes in connection with the forthcoming trial in United States v. Ehrlichman, but the White House has refused to produce them. An index supplied by the White House sets forth that the subject matter on these notes concerns “national security wiretaps." Robert Mardian has testified that on July 12, 1971 the President instructed him to pick up the logs and records of the 1969-71 wiretaps from William Sullivan of the FBI and deliver those documents to John Ehrlichman. (Mardian, 6 SSC 2405–08). Ehrlichman has testified that the President asked him to take custody of the wiretap records (Ehrlichman, 6 SSC 2534). HOGAN, BUTLER, COHEN AND FROEHLICH For reasons we articulated in debate before the Judiciary Committee, the undersigned voted to recommend Articles I and II to the House. We agree in substance with this Report as it relates to those two articles. However, lest anyone infer that we agree without reservation to every point made, and given the lack of adequate time to prepare a detailed response to such points, suffice it to say that we do not necessarily agree that there is clear and convincing evidence to support every conclusion contained in the Report or that every fact referred to is necessary or relevant to support such articles. (281) TOM RAILSBACK. |