Caucus Room, Russell Senate Office Building
[01.15.26-the letter demonstrates the legitimacy of the trustee account set up to house the campaign money in DEAN'S care]
Mr. DEAN. [Reads:]
DEAR GARNETT. Enclosed you will find; (1) client's check dated April 20, 1973, numbered 1647 payable to the order of myself and Mr. McKeever as Trustees in the amount of $4,850.00 which we have suitably endorsed to the Bank : (2) the Bank's Treasurer's check dated April 19, 1973, in the amount of $10,350.000 covering the cash I delivered to you for safekeeping on Friday, April 13, 1973, pending the opening of an account, and (3) the two signature cards signed by Mr. Dean, myself and my partner, McKeever.
As you know, when we first discussed opening the account I contemplated that Thomas Hogan, Esquire, would be co-trustee with myself inasmuch as he then also represented Mr. Dean. However, subsequent developments (conflict of interest) have required Mr. Hogan to withdraw from the representation and, accordingly my partner, McKeever, is acting as co-trustee.
This change also required Mr. Dean to substitute his enclosed check numbered 1647 for his check numbered 1643 originally payable to Mr. Hogan and my-self as Trustees. I have had Mr. Dean void the latter check by tearing his signature therefrom and it remains in our files.
Should you be inquired of by competent authorities as to the opening of this account, please tell them all you know, including whatever I have told you. Thank you for your cooperation in the matter.
SHAFFER, McKEEVER & FITZPATRICK.
Mr. DASH. Who is it addressed to?
Mr. DEAN. Garnett Inscoe, Suburban Trust Co., 255 North Washington St., Rockville, Md., April 4, 1973,
Mr. DASH. Chairman. I would like to have that identified and introduced into the record,
Senator ERVIN. That will be. done. The. reporter will number it appropriately as an exhibit and receive It into the record as such.
Mr. DASH. Mr. Dean, I don't know whether---
Mr. SHAFFER. Mr. Chairman, there is one statement I
could make with respect to one of those documents that would clarify what I think would be confusing. I would be glad to do it under oath or off oath and if any member of your committee objects to me making a statement and you rule that I can't, I won't, but I would like to. It relates to the Suburban Trust treasurer's check. May I make the statement?,
Senator ERVIN. Is there any objection from any member of the committee?
Senator ERVIN. Suppose you stand up and I will administer the oath. Do you swear that the. evidence you shall give the Senate Select Committee on Presidential Campaign Activities shall be the truth, the, whole truth, and nothing but the truth, so help you God?
Mr. SHAFFER. I do.
STATEMENT OF CHARLES N. SHAFFER, ESQ., COUNSEL TO
JOHN DEAN III
Mr. SHAFFER. Mr. Chairman, after my client had given me the cash and a current check made payable to me and Hogan, and after I had gone to the Government with the. currency so that they could look at the-- Xerox it, do whatever they wanted -with it, I got to the bank. I was
carrying it around about a day. I was a little uncomfortable. I got to the, bank about 2:05 on a Friday, and it was in April. It was, I believe, in early April. The records will show; the receipt there will date it. And I knocked on Mr. Inscoe's window and he came around to the door and he opened it up, because he knows me. My law office, is right near the, bank. I have a very small account there, and he treats me as a good customer, nevertheless.
I said, Garnett, I have got all this cash, and I don't want to have it over the weekend; will you take it?
So he said, yes, he would take it and he, would give me, a receipt.
Then on Monday and Tuesday, -we were having trouble with Mr. Hogan and his conflict-of-interest problem, and we never got the signature cards back, and finally, Garnett, said, "Look, I can't hold this cash around here forever. I am going to give you a treasurer check at the bank so I can then pass the currency through the account." That is how this treasurer's check came into being.
Thank you. If anybody wants to cross-examine me, I -will be glad to answer questions.
Senator BAKER. Mr. Shaffer, no, I don't want to cross-examine you, but I can't resist the temptation to let the record note, that you claim and continue, to stand on and have not waived the attorney-client privilege.
Mr. SHAFFER. Thank You. I appreciate the comment.