Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 17, 1973 - Testimony of Bruce A Kehrli, Special Assistant to the President United States Senate Caucus Room, Washington DC
Mr. Fred THOMPSON (Chief Council). Mr. Kehrli if you'd like to be seated I think, perhaps that would be better. Mr. Kehrli, I'd like to ask you a few questions about Mr. John Dean, council to the President. According to your chart, Mr. Dean is immediately responsible to Mr. Haldeman, is that correct? Mr. KEHRLI. That's correct. Mr. THOMPSON. And according to the chart he would not have direct access to the President as Ehrlichman, Haldeman, Kissinger, and these other men who you've named would. Mr. KEHRLI. I should elaborate on that point, as I said depending on the various issues or projects that these people were working on, they would have different chains of command. On some issues John Dean may have had direct access to the President. Mr. THOMPSON. Sure. Could you categorize Mr. Deans duties for us, what types of problems or situations would normally arise that would draw his attention that would require his work? Mr. KEHRLI. Basically, he was responsible for seeing that anything that the President sent out in terms of an official document or proclamation, executive order, a thing of this nature, was correct legally. He also was an advisor to the President on Legal matters, things like executive privilege. He also dealt with conflict of interest (CU Mr. Thompson clearing throat) in terms of bringing people on the staff, and that was his responsibility. Mr. THOMPSON. Would you say that his primary responsibility would be for providing Legal opinions and approving legal documents, there at the White House? Mr. KEHRLI. Yes I would. Mr. THOMPSON. Notice you have here Mr. Finch and Mr. Rumsfeld as Counselors to the President. And I assume we can draw a strict distinction between the Council to the President, Mr. Dean and Counselors to the President, Mr. Finch and Mr. Rumsfeld. Mr. KEHRLI. Yes, Mr. Finch and Mr. Rumsfeld as counselors to the President performed a role that included them being spokesmen, it included a number of special projects. They didn't have any set substantive responsabilities, but were free to move in any area the President may determine. Mr. THOMPSON. You mentioned the area of executive privilege a minute ago, would Mr. Dean aid the President in formulating his legal position on executive privilege? Mr. KEHRLI. He would advise him on it, yes. Mr. THOMPSON. Of course, the President made a statement on March the second (March 2nd) pertaining to executive privilege when he stated that White House aids would not come down to testify before a committee normally, and another statement on March the fifteenth (March 15th) of this year when he stated that Mr. Dean specifically had what might be refered to as a double privilege. Do you know wether or not Mr. Dean had any input with regard to the President's legal position on those two statements? Mr. KEHRLI. I can't say that for a fact.
Mr. Fred THOMPSON. (Chief Council) Leaving that subject, Mr. Kehrli I'd like to ask you this ....you mentioned the so called "Plumbers", Mr. Hunt and Mr. Liddy which were then at the White House, at one time (Mr. Kehrli smiling, man behind him rubbing eye) as I understand it at one time they were working on the so called Pentagon Papers, the leaks pertaining to the Pentagon Papers situation, is that your understanding? Mr. KEHRLI. My understanding is that they were working on a project related to leaks and the timing of it was such that I assumed it was, it had to do with the Pentagon Papers. I know that David Young also worked on a commission on de-classification that was set up. Mr. THOMPSON. Reports have been that these papers concern matters of national security. Do you know why Hunt and Liddy in this particular project would operate out of the domestic council under Mr. Ehrlichman, in this particular area if they were primarily national security problems? Mr. KEHRLI. No I don't. Mr. THOMPSON. Does it seem like a logical situation to you, or an unusual situation to you, considering the nature of the domestic council and considering the nature of the work that they were doing? Mr. KEHRLI. Well knowing the background of Mr. Ehrlichman and that at one point he was council to the President and did have in fact legal responsabilities, and there were legal relationships involved here and we were dealing with the law, I wouldn't say that it wasn't that unusual to have an organization set up like that. Mr. THOMPSON. Mr. John Caulfield is not on your chart, I don't believe, is it? Mr. KEHRLI. Yes he is. Mr. THOMPSON. Mr. Caulfield on the chart? Alright, he is under Mr. Dean, would it also be accurate to state that, did you mention in your testimony previously his relationship to Mr. Ehrlichman? Mr. KEHRLI. Mr. Caulfield s? Mr. THOMPSON. If any, yes. Mr. KEHRLI. No I didn't. Mr. THOMPSON. Would it be accurate to state that often he dealt with Mr. Ehrlichman on matters? Mr. KEHRLI. I don't know. Mr. THOMPSON. You don't know that? I have no further questions Mr. Chairman.
Senator SAM ERVIN. (D - NC) Do you know Mr. (trying to pronounce name) Kechanian (?) Mr. KEHRLI. (corrects him) Kechanian, yes sir. Senator ERVIN. What was his assignment? Mr. KEHRLI. He was a writer. Senator ERVIN. And he came in under Mr. Price, one of the writers with Mr. R. Price and Mr. Buchanan? Mr. KEHRLI. Yes sir. Senator ERVIN. That's the only question, Senator Baker.
Senator Howard BAKER. (R- TN) Mr. Chairman thank you very much. Once again I understand that our operating format is to utilize this witnesses testimony for the purpose of establishing an organizational chart within the White House. I have a number of questions that I wish to put to the witnesses, the witness that are not related to the organizational chart as such. But in the interest of trying to conserve time and stick to that operating format, I would ask instead if the witness will agree to return at a later date, so that I may ask him other questions that are not related to his testimony today. Mr. KEHRLI. Yes sir. Senator BAKER. I might also ask, Mr. Kehrli if as an assistant to the President you are appearing voluntarily or under subpoena? Mr. KEHRLI. I am appearing voluntarily. Senator BAKER. Was there any intervention of a claim of executive privilege on your behalf? Mr. KEHRLI. No there was not. Senator BAKER. Was there any instruction from the White House or anyone in it, as to how you should conduct yourself with this committee? Especially with the respect to whether you should co-operate or not cooperate? Mr. KEHRLI. I was asked to, I was encouraged to cooperate. Senator BAKER. Mr. Kehrli, so that you have some understanding of what I intend to ask you later, and once again I do not intend to pursue it today, when you return as a witness to testify in a later sequence of hearings, I want to know particularly about the drilling and opening of Mr. Hunt's safe. I want to know what you found in it, I want to know what happened to it, I want to know a number of other things related to it. (Mr. Kehrli seen shaking his head in agreement.) But, just so that you understand that I'm not asking you those questions now at the interest of time and orderliness, I hope you'll be prepared to respond when you do return. Mr. KEHRLI. I will be. Senator BAKER. Thank you very much.
Senator ERVIN. Senator Talmadge..... Senator Herman TALMADGE (D-GA). Mr. Kehrli, who determined which people in the White House organization went to the Committee to Re-elect the President? Mr. KEHRLI. I don't think there was one person who determined it, I think it probably was a joint decision that was made based on the needs of the White House and of the Committee. If the committee had a need and there was someone at the White House whom we, who was not in a position that, or was in a position rather that they could leave, and they felt that they could do a better job at the committee, then they were able to go to the committee. I don't think there was any one being that said you will go. Senator TALMADGE. If there were more than one person that made the determination, who were they? Mr. KEHRLI. I would say that, and I don't know for a fact, but I would image that it was probably made based on discussions between the head of the Campaign committee and Mr. Haldeman, Mr. Ehrlichman, other people on the staff. Senator TALMADGE. Mr. Haldeman, Mr. Mitchell and who else? Mr. KEHRLI. Mr. Ehrlichman. Senator TALMADGE. Mr. Ehrlichman. Now did you see any memorandums from the Committee to Re-elect the President circulating in the White House? Mr. KEHRLI. The only one that I saw, that I can remember is one that came over with the committees list of telephone numbers on it, we didn't circulate it. Senator TALMADGE. That was the only one? Mr. KEHRLI. Yes. Senator TALMADGE. Did you ever see or have knowledge of any communication either written or oral between Mr. Mitchell and the White House staff, prior to the time he resigned as Attorney General, concerning campaign activities? Mr. KEHRLI. No. Senator TALMADGE. Did you see any after July the first, the date Mr. Mitchell resigned as Campaign chairman? Mr. KEHRLI. Not that I remember. Senator TALMADGE. Did you ever receive funds from the committee or the finance committee for campaign activities? Mr. KEHRLI. No. Senator TALMADGE. On whatever. Mr. KEHRLI. Well, the only I, my personally, the one point, I was the contact on the White House staff for payment of bills that were incurred by the President during the campaign. We went out of our way to a great degree to make that any travel, any events, anything whatsoever that the President did that could be in the least way be construed as political, were paid for by committee funds rather than by appropriated funds. Senator TALMADGE. The only funds you received then were for the Presidents political activities and solely for that purpose. Mr. KEHRLI. That's right. Senator TALMADGE. And they were dispensed for that purpose. Mr. KEHRLI. That's right. Senator TALMADGE. Were there ever any regular meetings held between the White House staff and the committee officials? Mr. KEHRLI. Not that I know of. Senator TALMADGE. None at all? Mr. KEHRLI. No, not that I know of, but as I said I was not in the mainstream of communication. Senator TALMADGE. Your knowledge, never at any time and under no conditions. Mr. KEHRLI. That's right. Senator TALMADGE. That's your answer? Mr. KEHRLI. Yes sir. Senator TALMADGE. Thank you sir, no further questions.