Senate Select Committee on Presidential Campaign Activities, June 12, 1973
Senate Select Committee on Presidential Campaign Activities, June 12, 1973
[00.45.20] [STANS' attorney Robert BARKER continues to argue that STANS should not be required to testify because his testimony would prejudice his chances for a fair trial in a criminal indictment against him] Now, this was said in 1907, before the great media of radio and television existed. I am sure that if he were speaking today, he would include those great, media within the. scope of public print. Now, as I have said, the Supreme Court has indicated that a defendant is entitled as part of due process of law to a fair and impartial jury trial free from outside influence. I pose this question: After all the publicity given these hearings; and the Watergate situation in general, where in the United States can an impartial jury, uninfluenced by publicity be found? Moreover, under 'our settled system of due process of law and justice guaranteed by the fifth amendment, an accused has a right to remain Silent, completely silent, and require the Government to go forward with the presentation of its evidence before the defendant need present his case or put on any evidence. By requiring Mr. Stans to appear here before one of the coordinate arms of the Government which has placed these charges would require Mr. Stans to present his case in advance of hearing the Government's case in New York. This clearly would deprive him of due process of law, If Mr. Stans refuses to testify, as we understand it, he, would be Under a severe threat of citation for contempt of Congress and would face imprisonment. This places him under compulsion of either interfering 'with his own fair trial or going to jail. I repeat, this is a, completely unfair position to put, him in. The' only other alternative open to Mr. Stans, Mr. Chairman, is for him to refuse to testify on the grounds of the fifth amendment. This Would tend to degrade and embarrass him and would severely interfere With fair trial, because he would be branded throughout the United States as a former Cabinet officer who had taken refuge behind the fifth amendment. What would a prospective Juror say about that? The courts have recognized and the facts of many cases show that the, taking of the fifth amendment, even though it, is a constitutional right, is likely to severely prejudice a person in the minds of the, public, including prospective jurors. Mr. Chairman and member-, of the committee, Mr. Stans is left no reasonable choice or fair opportunity. As lawyers of broad experience each of you must recognize that fact. Therefore, under the prevailing circumstances, on behalf of Mr. Stans, I respectfully request that the committee, and I strongly urge the committee in the interest of fairness and fair trial, defer Mr. Stans' appearance and testimony until the indictment, in the Vesco case in New York has been disposed of. It is, probably already too late to preclude the publicity which will make a fair trial in that case impossible. However, I sincerely pray that the committee will at least not make the situation worse by proceeding at this time with Mr. Stans' testimony. Thank you, Mr. Chairman and members of the committee. [00.49.11--Sen. ERVIN responds to the statement] Senator ERVIN. Well, Mr. Barker, you have made a very appealing statement to the committee, In view of the fact that the committee was apprised in advance of the nature of the position which would be taken in behalf of the witness, the committee considered this matter at great length this morning. This committee has been authorized and directed by a unanimous vote of the Senate to investigate the question whether any persons, acting individually or in combination with others, engaged in illegal or unethical or immoral activities in connection with the Presidential election of 1972, or in connection with any campaigns of any candidates seeking nomination to run in that election which had the effect of perverting the integrity of the process by which 'Presidents of the United States are nominated and chosen. [00.50.50]