Senate Select Committee on Presidential Campaign Activities, June 12, 1973
Senate Select Committee on Presidential Campaign Activities, June 12, 1973
[00.34.16--ERVIN headshot] Senator ERVIN. I have been advised that counsel for the witness desires to make some statement to the committee and we will be glad to hear you at this time. First I would suggest that counsel identify himself for the purpose of the record, STATEMENT OF ROBERT W. BARKER, COUNSEL FOR MAURICE H. STANS Mr. BARKER, Mr. Chairman, I an) Robert W. Barker, legal counsel for the Honorable Maurice H. Stans. Mr. Chairman and members of the committee, I appreciate this opportunity of making clear for the record Mr. Stans' legal position with respect to testifying before, this committee at this time and under the prevailing circumstances. First, I would like to clear Lip two items with respect to some of the confusion that may have arisen in the press. First, Mr. Stans has not requested and does not now request, not to appear before this committee He is merely requesting, Mr. Chairman, that in view of the impending criminal case in New York against him, his appearance be deferred until an appropriate time. Second, no court has ruled or ordered Mr. Stans to appear and testify before this committee. In the criminal proceeding in New York, the judge has invoked the local court, rule which precludes the defendant's or counsel discussing the controversy outside of the courtroom. Since this was made specifically applicable to Mr. Stans as one of the defendants, we applied to Judge Gagliardi for a ruling as to whether rule 8 restrained Mr. Stans and counsel from appearing and testifying before this committee. We did not ask Judge Gagliardi to rule that Mr. Stans could not appear and testify, The court, ruled that rule, 8 did not apply to legislative hearings. It did not rule and reserved for a later ruling on whether the extensive blanket, of publicity generated by the Watergate activities in this committee would impair the right of fair trial, He ruled that that would be considered at the time the trial is scheduled to commence on September 11. Mr. Chairman, members of the committee, as you probably recognize, you have a very unique, and unusual legal problem to face with Mr. Stans being called and subpenaed to testify here today. He is the first witness to appear before your committee who is under an impending indictment for criminal 'matters arising out of the Presidential election campaign. As was pointed out this morning by Judge Sirica in his ruling in the, district court, the cases then before him did not involve people under pending indictments. He considered that an important distinction. The ruling which we will ask you to make is a. very important and fundamental legal ruling. Since it involves Mr. Stans' personal and individual rights under the Constitution, it, is much different than the Position of the special prosecutor, Mr. Cox, when he asked merely that these hearings be deferred. Now, having said this, I would like to take a minute to review some factual background upon which we will ask this committee to base its ruling. The first knowledge Mr. Stans had of the Watergate break-in was on June 18, 1972, when he read about, it in the morning papers. He was just as shocked and just as surprised as any person in this room. Thereafter, consistent with his high standards of ethics and his position as a loyal American, demonstrated by years of service to this country, he set a standard for himself and his staff of complete cooperation with the investigation. When his legal; counsel to the finance committee, Mr. G. Gordon Liddy, refused to cooperate with the FBI investigation, he was promptly discharged, with Mr. Stans' approval. Immediately thereafter, Mr. Stans encouraged his own staff to cooperate and he gave full cooperation himself with all investigatory bodies and authorities. Commencing early in July of 1972, on three occasions, he voluntarily submitted himself to inquiries and discussions with FBI agents concerning the Watergate break-in and the Presidential election campaign. [00.39.41]