Senate Select Committee on Presidential Campaign Activiti...
.Caucus Room, Russell Senate Office Building
1973 (Actual Year)
[00.02.00-In to DEAN testifying] I had a call from Mr. O'Brien the next morning on the same subject, had had a call from Mr. Colson, who told me Mr. Bittman was trying to reach me. He asked me if I had seen letter and I said I had not. and while we were talking, I dug the letter out of my mail. As a result of this letter and our conversation he asked me, he was indicating that he didn't still--he still wanted to keep at arm's length from Mr. I Hunt. He had throughout the matter tried to keep at arm's length to Mr. Hunt. I told him 1 would have to talk to Mr. Ehrlichman before I could make any suggestion. I went to told him the situation and Mr. Ehrlichman told Mr. Colson he thought he ought to meet with 'Mr. Bittman mad subsequently they did meet. Senator TALMADGE. Now, Will you look of exhibit No. 34-7 that you Inserted in your testimony yesterday, It is also an interesting document. As I recall your testimony as you presented that yesterday, it is a list of all of the people that you thought had violated the law and what the laws may be that they violated, is that correct? Mr. DEAN. That is Correct. Senator TALMADGE. Let us start with the top of the list. now, That is in your own handwriting, is it not? Mr. DEAN. That is correct. Senator TALMADGE. This is a copy thereof? Mr. DEAN. That is correct. Senator TALMADGE. What is the significance of the letters in The top left-hand part of that sheet? Mr. DEAN. The list is broken down into two parts, Senator. One says "pre" and the other is "post.'! Senator TALMADGE. By "Pre" you mean Prior to the Watergate break-in? Mr. DEAN. That is correct. Senator TALMADGE. The planning and discussion of those events? Mr. DEAN. That is correct. Senator TALMADGE. And You list in that category Mr. Mitchell, Mr. Magruder, and Mr. Strachan, Is that correct? Mr. DEAN. That is correct. Senator TALMADGE. Now, you have a star by Mr. Mitchell's name and no star by Mr. Magruder. Mr. DEAN. Maybe if I explain the whole list, it would save some questions for you. Senator TALMADGE. Surely. Mr. DEAN. I have listed for pre: Mitchell. Magruder Strachan, post: Haldeman, Ehrlichman, Dean, LaRue. -Mardian, O'Brien, Parkinson, Colson, Bittman, Kalmbach, Tony--I have by that the word "source." I will explain that in a minute; Stans. Now, beside several of the names, after I did the list--just my first reaction was there certainly are an awful lot of lawyers involved here. So I put, a little asterisk beside each lawyer, which was Mitchell, Strachan, Ehrlichman, Dean, Mardian, O O'Brien, Parkinson, Colson, Bittman, and Kalmbach. Then I put, as we were discussing the development of the list, the evidence that I knew sort of firsthand or had reason to believe that others had firsthand evidence of, that I thought that a very strong case might be made against. The ones that I was not as sure about ,were those I put a question mark on, This was just something I -was working out in my own mind in a discussion I had with my lawyer as a result of discussions he had also had with some of the prosecutors. Senator TALMADGE. Any significance to the star? That they are all lawyers? Mr. DEAN. -No, that was just a reaction myself, the fact that how in God's name could so many lawyers get involved in something like this? Senator TALMADGE. What do the checkmarks indicate on the left-hand side of the paper? Mr. DEAN. I do not know. Senator TALMADGE. NOW, you have, parentheses there and some other things there. I presume--what is that language on the right? Mr. DEAN. That is because I had had earlier discussions with Mr. Ehrlichman and Haldeman about, this and they asked me, what, is the obstruction of justice? So I dug out the obstruction of justice statutes, which were sections -371, -which I believe is the conspiracy statute, and 1503, and put the sanctions beside them--5 years and $10,000, 5 years and $5,000 for potential obstruction of justice. When I took this list to Mr. Ehrlichman and Mr. Haldeman, Mr. Ehrlichman said, well, I may have to take--he said, I do not think this sounds like an obstruction of justice. I said, well, you may want to look at the statute. I said, particularly read the annotations of the statute, because I think you will find Some case law -which indicates, that obstruction of justice is as broad as the imagination of man to obstruct justice. [00.07.09] [00.07.09-DEAN answering questions from Sen. TALMADGE about his views of the unraveling coverup] Senator TALMADGE. So your significance, then, was that those gentlemen had violated those statutes, and Were guilty of those particular offenses which carried either a 5-year sentence, and $10,000 and $5,000, is that correct? Mr. DEAN. that is correct, Senator. Senator TALMADGE. Thank you, Mr. Dean. I have no further questions, Mr. Chairman. Senator ERVIN,. The, committee will stand in recess until 2 o'clock [00.07.37-RECESS]
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