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At that time, President's counsel would be given the opportunity to recommend to the Committee names of witnesses to be called and to advise the Committee as to the witnesses' expected testimony.

Fourth, if and when witnesses were called, the Committee would give the President the opportunity to have his counsel ask such questions of the witnesses as the Committee deemed appropriate.

From May 9, 1974 through June 21, 1974, the Committee considered in executive session approximately six hundred fifty "statements of information" and more than 7,200 pages of supporting evidentiary material presented by the inquiry staff. The statements of information and supporting evidentiary material, furnished to each Member of the Committee in 36 notebooks, presented material on several subjects of the inquiry: the Watergate break-in and its aftermath, ITT, dairy price supports, domestic surveillance, abuse of the IRS, and the activities of the Special Prosecutor. The staff also presented to the Committee written reports on President Nixon's income taxes, presidential impoundment of funds appropriated by Congress, and the bombing of Cambodia.

In each notebook, a statement of information relating to a particular phase of the investigation was immediately followed by supporting evidentiary material, which included copies of documents and testimony (much of it already on public record), transcripts of presidential conversations, and affidavits. A deliberate and scrupulous abstention from conclusions, even by implication, was observed.

The Committee heard recordings of nineteen presidential conversations and dictabelt recollections. The presidential conversations were neither paraphrased nor summarized by the inquiry staff. Thus, no inferences or conclusions were drawn for the Committee. During the course of the hearings, Members of the Committee listened to each recording and simultaneously followed transcripts prepared by the inquiry staff.

On June 27 and 28, 1974, Mr. James St. Clair, Special Counsel to the President made a further presentation in a similar manner and form as the inquiry staff's initial presentation. The Committee voted to make public the initial presentation by the inquiry staff, including substantially all of the supporting materials presented at the hearings, as well as the President's response.

Between July 2, 1974, and July 17, 1974, after the initial presentation, the Committee heard testimony from nine witnesses, including all the witnesses proposed by the President's counsel. The witnesses were interrogated by counsel for the Committee, by Special counsel to the President pursuant to the rules of the Committee, and by Members of the Committee. The Committee then heard an oral summation by Mr. St. Clair and received a written brief in support of the President's position.

The Committee concluded its hearings on July 17, a week in advance of its public debate on whether or not to recommend to the House that it exercise its constitutional power of impeachment. In preparation for that debate the majority and minority members of the impeachment inquiry staff presented to the Committee "summaries of information." On July 24, 25, 26, 27, 29, and 30, 1974, the Committee held its debate in open meetings, which were televised pursuant to H. Res. 1107, adopted by the House on July 22, 1974, permitting coverage of Com

10

mittee meetings by electronic media. The Committee's meetings were conducted under procedures adopted on July 23, which provided both for general debate of no more than ten hours on a motion to recommend a resolution, together with articles of impeachment, impeaching Richard M. Nixon and for consideration of the articles after the conclusion of general debate. Each proposed article and additional articles were separately considered for amendment and immediately thereafter voted upon as amended for recommendation to the House. The procedures further provided:

At conclusion of consideration of the articles for amendment and recommendation to the House, if any article has been agreed to, the original motion shall be considered as adopted and the Chairman shall report to the House said Resolution of impeachment together with such articles as have been agreed to or if articles are not agreed to, the Committee shall consider such resolutions or other recommendations as it deems proper.

On July 24, at the commencement of general debate, a resolution was offered including two articles of impeachment. On July 26, an amendment in the nature of a substitute was offered to Article I. In the course of the debate on this substitute, it was contended that the proposed article of impeachment was not sufficiently specific. Proponents of the substitute argued that it met the requirements of specificity under modern pleading practice in both criminal and civil litigation, which provide for notice pleading. They further argued that the President had notice of the charge, that his counsel had participated in the Committee's deliberations, and that the factual details would be provided in the Committee's report.

On July 27, the Committee agreed to the amendment in the nature of a substitute for Article I by a vote of 27 to 11. The Committee then adopted Article I, as amended, by a vote of 27 to 11. Article I, as adopted by the Committee charged that President Nixon, using the power of his high office, engaged, personally and through his subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of the unlawful entry into the headquarters of the Democratic National Committee in Washington, D.C., for the purpose of securing political intelligence; to cover up. conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities.

On July 29, an amendment in the nature of a substitute was offered for Article II of the proposed resolution. After debate, the substitute was agreed to by a vote of 28 to 10. The Committee then adopted Article II, as amended, by a vote of 28 to 10. Article II, as amended, charged that President Nixon, using the power of the office of President of the United States, repeatedly engaged in conduct which violated the constitutional rights of citizens; which impaired the due and proper administration of justice and the conduct of lawful inquiries, or which contravened the laws governing agencies of the executive branch and the purposes of these agencies.

On July 30, an additional article was offered as an amendment to the resolution. After debate, this amendment was adopted by a vote of 21 to 17 and became Article III. Article III charged that President Nixon, by failing, without lawful cause or excuse and in willful disobedience of the subpoenas of the House, to produce papers and things

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that the Committee had subpoenaed in the course of it's impeachment inquiry, assumed to himself functions and judgments necessary to the exercise of the constitutional power of impeachment vested in the House. The subpoenaed papers and things had been deemed necessary by the Committee in order to resolve, by direct evidence, fundamental, factual questions related to presidential direction, knowledge, or appproval of actions demonstrated by other evidence to be substantial grounds for impeachment.

On July 30, the Committee considered an amendment to add a proposed Article, which charged that President Nixon authorized, ordered and ratified the concealment of information from the Congress and supplied to Congress false and misleading statements concerning the existence, scope and nature of American bombing operations in Cambodia. The proposed Article stated that these acts were in derogation of the powers of Congress to declare war, make appropriations, and raise and support armies. By a vote of 26 to 12, the amendment to add this Article was not agreed to.

Also on July 30, the Committee considered an amendment to add a proposed Article, charging that President Nixon knowingly and fraudulently failed to report income and claimed deductions that were not authorized by law on his Federal income tax returns for the years 1969 through 1972. In addition, the proposed Article charged that, in violation of Article II, Section 1 of the Constitution, President Nixon had unlawfully received emoluments, in excess of the compensation provided by law, in the form of government expenditures at his privately owned properties at San Clemente, California, and Kev Biscayne, Florida. By a vote of 26 to 12, the amendment to add th was not agreed to.

rticle

The Committee on the Judiciary based its decision to recommend that the House of Representatives exercise its constitutional power to impeach Richard M. Nixon, President of the United States, on evidence which is summarized in the following report.

THE ORGANIZATION OF THE WHITE HOUSE AND ITS RELATIONSHIP TO THE COMMITTEE FOR THE REELECTION OF THE PRESIDENT

I

KEY ASSOCIATES OF THE PRESIDENT

On January 20, 1969, after taking his oath of office as President of the United States, Richard M. Nixon brought three key associates to the highest level of government, the office of the President. President Nixon appointed H. R. Haldeman White House Chief of Staff. He appointed John Ehrlichman Counsel to the President. He appointed John Mitchell Attorney General of the United States.

Haldeman's association with President Nixon began in 1956 when Haldeman was an advance man for then Vice President Nixon. In 1960 Haldeman was chief advance man and campaign tour manager for Richard Nixon's first Presidential campaign. In 1962 Haldeman managed Richard Nixon's unsuccessful campaign for Governor of California. In 1968 Haldeman was the chief of staff for the President's campaign. (Haldeman testimony, 7 SSC 2873)

The President and John Mitchell became law partners in New York City when their firms merged on January 1, 1967. In 1968 Mitchell was campaign director for the President's election campaign. (Mitchell testimony, 2 HJC 124-25, 192)

John Ehrlichman was recruited by Haldeman in late 1959 to work on President Nixon's 1960 campaign. During the 1960 Presidential · campaign Ehrlichman took a leave of absence from his law firm to work as an advance man. Ehrlichman worked on Richard Nixon's 1962 campaign for Governor of California. Ehrlichman was the tour director of the President's 1968 Presidential campaign. (Ehrlichman testithony, 6 SSE 2814-15, 2522-24; Kalmbach testimony, 3 HJC 532)

II

WHITE HOUSE PERSONNEL

From January 21, 1969, through May 19, 1973, H. R. Haldeman was President Nixon's chief of staff. He was in charge of administering White House operations. He worked directly with the President in the planning of the President's daily schedule, provided the President with the information he requested from the members of his staff and the members of his administration, and relayed instructions from the President to other officers and members of the executive branch of the Government. Haldeman directed the activities of the President's Appointments Secretary and the White House Staff Secretary. He received copies of memorandums and letters written by senior staff

(12)

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members and assistants. He established, subject to the approval of the President, the White House budget. He had no independent schedule. His schedule was that of the President. He was at the call of the President at all times. During the reelection campaign, the President's campaign organization reported to Haldeman. The President announced Haldeman's resignation on April 30, 1973.

The following White House employees and other agents of the President reported to Haldeman :

(1) Lawrence M. Higby was Haldeman's personal aide and his chief administrative assistant throughout Haldeman's tenure at the White House. He had worked previously for Haldeman in private business and in the 1968 Presidential campaign. Higby supervised the flow of persons, papers, telephone calls, and correspondence to Haldeman, acted in Haldeman's name, and traveled with him. After Haldeman's resignation, Higby transferred to the Office of Management and Budget.

(2) In March 1971, after working for Herbert Klein, then director of communications for the executive branch, Gordon C. Strachan became Haldeman's principal political assistant. Strachan performed political assignments for Haldeman. He supervised the White House polling operation and reported on the activities of the Republican National Committee and the Committee for the Re-Election of the President (CRP). He regularly prepared political matters memorandums for Haldeman on the status of the 1972 election campaign, and often carried out decisions Haldeman made on the basis of the information they contained. After the 1972 election, Strachan was appointed as general counsel of the U.S. Information Agency.

(3) In January 1969, Alexander P. Butterfield was appointed deputy assistant to the President. Beginning in January 1970, Butterfield's office adjoined the President's. He had responsibility for the President's daily schedule. He oversaw the administration of the White House, including the office of the staff secretary. He reported directly to Haldeman and functioned as Haldeman's deputy in handling the actual flow of people and papers in and out of the President's office. In March 1973, Butterfield was appointed Administrator of the Federal Aviation Administration.

(4) Dwight L. Chapin had known Haldeman previously and had worked for the President at his law firm for 2 years before the 1968 election. In January 1969, Chapin joined the White House staff as a special assistant to the President and acted as the President's appointments secretary. Chapin had general planning responsibility for the President's schedule and travel. He reported directly to Haldeman and, at times, to the President. Two years later, Chapin was appointed deputy assistant to the President. He left the White House and entered private business in February 1973.

(5) In January 1969, Stephen B. Bull joined the White House staff and worked under Chapin in the scheduling office. In February 1973, he was appointed a special assistant to the President and assumed additional responsibilities for implementing the President's daily schedule.

(6) On January 20, 1969, Hugh W. Sloan, Jr., became a staff assistant to the President. He worked under Chapin on the planning of the