Impeachment Hearings: House Judiciary Committee, July 29, 1974 (1/2)
Impeachment Hearings: House Judiciary Committee, July 29, 1974 (1/2)
[00.20.36] The CHAIRMAN. The gentleman from--the gentleman from Pennsylvania Mr. Eilberg. Mr. EILBERG. Mr. Chairman, I would like to say a few 'words concerning paragraph 2. 1 think the subject perhaps is not completely covered. I think all the members of the committee agree now that the President did authorize the taps. In addition to that I refer to a letter which the President wrote on July 12 to Senator Fulbright, chairman of the Committee on Foreign Relations, in which he says, "I ordered use of the most effective investigative procedures possible, including Wiretaps. I personally directed the surveillance including wiretapping of certain specific individuals." No question that the President assumes that responsibility. Yet it wasn't always that way. A little over a year ago, in February the White House learned of the forthcoming Time Magazine story disclosing the existence of wiretaps on White House employees and newsmen, John Dean, -who had learned of the files from Mardian, investigated the Time story by contacting Assistant FBI Director Mark Felt, Sullivan and Mardian. Each confirmed the existence of the wiretaps and Mardian said that he 'had delivered the files to Ehrlichman. Ehrlichman told Dean that he had the files but directed Dean to have press secretary Ronald Ziegler deny the story. The Time article, published on February 26, stated that a "White House spokesman" had denied that anyone at the White. House had authorized or approved any taps on White House employees or newsmen. On February 28, Dean reported to the President on the Time story and his meeting -with Sullivan about the wiretaps. Dean told the President that the White House -was "stonewalling totally" on the wiretap story and the President replied: "Oh, absolutely.", to -which I say, how interesting. Now, Mr. Chairman, I am one of those -who believe that the standard involved for impeachment does not, involve criminality, Nevertheless, I find in this paragraph many evidences of criminality on the part of the President and his men and I would just like to refer to a few of them. In 1969, General Alexander Haig ordered the FBI "on the highest authority," not to maintain records of the wiretaps initiated under the President's 1969 authorization. This information is contained in a memo from William Sullivan, Assistant Director of the FBI. Yet the general recordkeeping statutes (44 United States Code) set standards for recordkeeping, identifying what records must be maintained and provide rules for the orderly disposal of these records. 'Section 3105 specifically requires all Government employees to be familiar with the fact that records cannot; be alienated or destroyed except in the specific manner described in title 4 of the United States Code. Additionally, special provision for the FBI was made in title 28 of the United States Code, section 534, directing the FBI to preserve records except -where dissemination to other law enforcement agencies is authorized by law. It is also a felony (18 U.S.C. 2071) punishable by fine and/or imprisonment to "willfully and unlawful" conceal remove, mutilate, obliterate or destroy, or attempt to do so, or with intent to do so take and carry away any, record, proceeding, Map, book, paper, documents, or other thing, filed or deposited in any public office, or -with any public officer of the United States. It must be assumed that Haig knew it -was illegal for the FBI not to Maintain records for these wiretaps and it must be assumed that the only two men who could order him to give such directions to the FBI, Dr. Henry Kissinger, head of the National Security Council and the President of the United States, also knew that this was illegal. In July 1971, William Sullivan informed Robert Mardian, head of the Justice Department's Internal Security Division, that there were files and logs in these wiretaps and that be -was afraid that J. Edgar Hoover would use them as blackmail. against the President in order to keep Nixon from removing him from the top job at the FBI. After conversations with then Attorney General John Mitchell, and White House officials, Mardian flew to San Clemente to discuss the existence of these records personally with the President and John Ehrlichman. During these conversations the President ordered Mardian to get the files from Sullivan and to bring them to the White House. This order is a violation of the recordkeeping statutes in title 44. Mardian got the files involved and delivered them to the Oval Office in the White House. When he was interviewed about this episode by the FBI, Mardian was asked: "Did you give the bag to Mr. Nixon, the President of the United States ? " And Mardian replied: "I cannot answer that question." It must be assumed that he was protecting the President at this point because if he in fact gave them to a third party, he -would be shielding that person leaving the inference that the President had received them. Ehrlichman has testified that following delivery by Mardian, the President ordered him, Ehrlichman, to pick up the documents in the Oval Office and that he kept them in his own office until April 30, 1973, -when they were removed and placed in the files with other-Presidential; papers. The effect of the President's orders in this matter was again a violation of the pertinent sections of title 4-4. Mr. Chairman, I submit that this paragraph is a very strong paragraph, very important charge in the impeachment of the President of the United States. The CHAIRMAN. The time of the gentleman has expired. [00.25.51]