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COMMITTEE ON THE JUDICIARY 12.

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PETER W. RODINO, JR., New Jersey, Chairman
HAROLD D. DONOHUE, Massachusetts EDWARD HUTCHINSON, Michigan
JACK BROOKS, Texas

ROBERT MCCLORY, Illinois
ROBERT W. KASTENMEIER, Wisconsin HENRY P. SMITH III, New York
DON EDWARDS, California

CHARLES W. SANDMAN, Jr., New Jersey WILLIAM L. HUNGATE, Missouri

TOM RAILSBACK, Illinois JOHN CONYERS, JR., Michigan

CHARLES E. WIGGINS, California JOSHUA EILBERG, Pennsylvania

DAVID W. DENNIS, Indiana JEROME R. WALDIE, California

HAMILTON FISH, JR., New York WALTER FLOWERS, Alabama

WILEY MAYNE, Iowa JAMES R. MANN, South Carolina

LAWRENCE J. HOGAN, Maryland PAUL S. SARBANES, Maryland

M. CALDWELL BUTLER, Virginia JOHN F. SEIBERLING, Ohio

WILLIAM S. COHEN, Maine GEORGE E. DANIELSON, California TRENT LOTT, Mississippi ROBERT F. DRINAN, Massachusetts

HAROLD V. FROEHLICH. Wisconsin CHARLES B. RANGEL, New York

CARLOS J. MOORHEAD, California BARBARA JORDAN, Texas

JOSEPH J. MARAZITI, New Jersey
RAY THORNTON, Arkansas

DELBERT L. LATTA, Ohio
ELIZABETH HOLTZMAN, New York
WAYNE OWENS, Utah
EDWARD MEZVINSKY, Iowa

JEROME M. ZEIFMAN, General Counsel
GARNER J. CLINE, A 880ciate General Counsel

ALAN A. PARKER, Counsel
DANIEL L. COHEN, Counsel

WILLIAM P. Dixon, Counsel
ARDEN B. SCHELL, Assistant Counsel
FRANKLIN G. POLK, Associate Counsel
THOMAS E. MOONEY, Associate Counsel
MICHAEL W. BLOMMER, A88ociate Counsel

IMPEACHMENT INQUIRY STAFF

JOHN DOAR, Special Counsel
ALBERT E. JENNER, Jr., Special Counsel to the Minority
JOSEPH A. Woods, Jr., Senior Associate Special Counsel

RICHARD CATEs, Senior Associate Special Counsel
BERNARD W. NUSSBAUM, Senior Associate Special Counsel

ROBERT D, SACK, Senior Associate Special Counsel

ROBERT A. SHELTON, A 88ociate Special Counsel
SAMUEL GARRISON III, Deputy Minority Counsel

Fred H. ALTSHULER, Counsel
THOMAS BELL, Counsel
W. PAUL BISHOP, Counsel
ROBERT L. Brown, Counsel
MICHAEL M. CONWAY, Counsel
RUFUS CORMIER, Special Assistant
E. LEE DALE, Counsel
John B. DAVIDSON, Counsel
EVAN A. Davis, Counsel
CONSTANTINE J. GEKAS, Counsel
RICHARD H. GILL, Counsel
DAGMAR HAMILTON, Counsel
DAVID HANES, Special Assistant
JOHN E. KENNAHAN, Counsel
TERRY R. KIRKPATRICK, Counsel
JOHN R. LABOVITZ, Counsel
LAWRENCE LUCCHINO, Counsel
R. L. SMITH MCKEITHEN, Counsel
ALAN MARER, Counsel

ROBERT P. MURPHY, Counsel
JAMES B. F. OLIPHANT, Counsel
RICHARD H. PORTER, Counsel
GEORGE RAYBORN, Counsel
JAMES REUM, Counsel
HILLARY D. RODHAM, Counsel
STEPHEN A. SHARP, Counsel
EILEEN SILVERSTEIN, Counsel
JARED STAMELL, Counsel
Roscoe B, STAREK III, Counsel
GARY W. SUTTON, Counsel
EDWARD S. SZUKELEWICZ, Counsel
ROBERT J. TRAINOR, Counsel
J. STEPHEN WALKER, Counsel
BEN A, WALLIS, Jr., Counsel
WILLIAM WELD, Counsel
WILLIAM A. WAITE, Counsel
JOHN S. WHITMAN, Counsel

(II)

IMPEACHMENT INQUIRY

Executive Session

THURSDAY, JUNE 20, 1974

HOUSE OF REPRESENTATIVES,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The committee met, pursuant to notice, at 10:25 a.m., in room 2141, Rayburn House Office Building, Hon. Peter W. Rodino, Jr. (chairman) presiding.

Present: Representatives Rodino (presiding), Donohue, Brooks, Kastenmeier, Edwards, Hungate, Conyers, Eilberg, Waldie, Flowers, Mann, Sarbanes, Seiberling, Danielson, Drinan, Rangel, Jordan, Thornton, Holtzman, Owens, Mezvinsky, Hutchinson, McClory, Smith, Sandman, Railsback, Wiggins, Dennis, Fish, Mayne, Hogan, Butler, Cohen, Lott, Froehlich, Moorhead, Maraziti, and Latta.

Impeachment inquiry staff present: John Doar, special counsel; Albert E. Jenner, Jr., special counsel to the minority; Samuel Garrison III, deputy minority counsel; Bernard W. Nussbaum, senior associate special counsel; Evan A. Davis, counsel; Richard H. Gill, counsel; R. L. Smith McKeithen, counsel; James B. F. Oliphant, counsel; George Rayborn, counsel; Hillary D. Rodham, counsel; Gary W. Sutton, counsel; William A. White, counsel; Fred G. Folsom, tax consultant; Robert McGraw, investigator; and Jonathan Flint, research assistant.

Committee staff present: Jerome M. Zeifman, general counsel; Garner J. Cline, associate general counsel; and Franklin G. Polk, associate counsel.

Also present: James D. St. Clair, special counsel to the President; John A. McCahill, assistant special counsel.

The CHAIRMAN. Before we proceed, before we hear from Mr. Doar, I would like to take this opportunity to extend a happy birthday wish to our counsel, Mr. Albert Jenner. I know that even though this is another year, he is as young and as blithe in spirit as anything. So many happy returns of the day. [Applause.]

Mr. JENNER. Mr. Chairman, for the convenience of the members, you have received two documents in your envelope. They go in tab 49 1 [50] ? in the book and tab 62 [63]. Tab 62 [63] is the letter from

1 NOTE--The tab numbers cited throughout the three volumes of executive sessions refer to paragraphs in previously printed publications of the Committee on the Judiciary entitled "Statement of Information consisting of 12 books containing 21 separate volumes and “Statement of Information Submitted on Behalf of President Nixon", 4 books, all released by the Committee on the Judiciary during July and August, 1974.

2 The paragraphs of book IV were renumbered prior to publication. The numbers in brackets refer to the paragraph numbers in the printed volume.

Mr. Cox to Mr. Shaffer and paragraph 49 [50] is the court of appeals decision.

Mr. EDWARDS. Mr. Chairman, I would like to direct an inquiry to the Chair.

On national television last night, Mr. St. Clair advocated that all of the presentment to date made over the past 4 or 5 weeks by the staff to the committee be made public, be put on the public record. My question to the Chair is is this a request in writing from Mr. St. Clair on behalf of the respondent?

The CHAIRMAN. Well, the Chair will advise the gentleman that so far as he recollects, Mr. St. Clair sometime back-I do not recall when, but there was a letter that was addressed to the Chair by Mr. St. Clair, in which he pointed out that there had been some material that had been leaked out, to use the word. I do not know that he used that word, but that was the tenor of the letter, and in the light of those leaks, that they were prejudicial and that Mr. St. Clair made a request of the committee that we would not only conduct our sessions in public view and openly, but that we would also make public whatever material had been developed. I believe that that was the letter that was addressed to us sometime ago.

Do you recall, Mr. Doar? Mr. Doar. Yes; we did receive such a letter that all material received in executive session be made public. We received that letter.

The CHAIRMAN. But the committee, of course, decided otherwise. Mr. EDWARDS. Thank you.

The CHAIRMAN. Of course, remember, this is going to be an item that is going to be discussed in one of the business meetings that will be, I think, taking place sometime early next week, the question as to whether or not material will be made public, what material, if any, will be made public that has been developed in these executive sessions.

Before asking Mr. Doar to proceed with today's presentation, I would like to call attention to the fact that this morning's report respecting the deductions taken by the President for the gift of papers contains 10 exhibits of documents which we have obtained from the IRS. I would like to point out that in my judgment, it would be improper to release these documents at this time. The committee members, I know, must have these in connection with the report that is in front of the book. However, there has been a recommendation on the part of counsel-I believe that it is absolutely imperative that we take the report respecting the deductions out of the front of the book and then have them pick up the notebooks at the end of the presentation so that these do not get out to the newspapers. I think when the committee votes what documents to make public, it can then review tliese documents and edit them and summarize them in whatever way they feel they want to make them available for publication if the committee so decides.

I would seriously advise every member in the light of what has been, I am sure, called to the attention of everyone here, the fact that the question of leaks has become soinething that I think every member of this committee ought to view very seriously, since I must say that I believe it is not only unfortunate, but I think it is doing the committee a great disservice.

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