Master 10361 Part 2 Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 18, 1973. Testimony of James W McCord (Jim McCord) accompanied by Bernard Fensterwald Jr, Counsel Caucus Room, Russell Senate Office Building, Washington DC
Senator Joseph Montoya (D New Mexico). Mr. Chairman, I would like for the witness to summarize the record just briefly, if he will. I mean, summarize the statement, unless he is going to read it in full. Samuel Dash, attorney. He wants to read it. Mr. McCord, what led you to prepare the statement? Why have you prepared that statement? James McCord. I prepared it, sir, for accuracy's purpose because of the nature of the information that is contained therein, as I have done with some previous statements to this committee, where I felt that my best recollection, as best I can recall it, set down in writing would be the most accurate way of doing it, rather than, in effect, under the pressure of lights and cameras and what have you, making statements that might either be misconstrued or might be inaccurate on my part and in order to set it forth as truthfully as I knew how.
Samuel Dash, attorney. All right. Now, will you please read the statement, and will you read it clearly, so we can all hear it now in the microphone? James McCord. I will state as a preliminary that the dates of the telephone calls that I refer to in this statement are to the best of my recollection. They may be inaccurate by a day or two, but they are the best recollection I have of the dates, on which the calls occurred. The subject is political pressure on the writer to accept Executive clemency and remain silent. Political pressure from the White House was conveyed to me in January 1973 by John Caulfield to remain silent, take Executive clemency by going off to prison quietly, and I was told that while there, I would receive financial aid and later rehabilitation and a job. I was further told in a January meeting in 1973 with Caulfield that the President of the United States was aware of our meeting that the results of the meeting would be conveyed to the President, and that at a future meeting there would likely be a personal message from the President himself.
Senator Sam Ervin (D North Carolina). I would like to state at this point that the testimony of Mr. McCord as to what was told to him by John Caulfield would not be accepted in a court of law to connect the President with what Mr. Caulfield was doing, but it is admissible to show whether or not Mr. Caulfield was a party to any agreement to connect the President for any information on what is known is the Watergate affair, but it is not evidence against the President at this stage. Senator Ed Gurney (R Florida). I think it ought to be pointed out at that time that at this time, January 1973, my understanding that Mr. Caulfield was not in the White House at all, but was employed, I think, by the Treasury Department. Samuel Dash, attorney. That is right. Senator Ed Gurney (R Florida). I hope we can correct these things as we go along. You are having all kinds of inferences here that are inaccurate and are casting aspersions that are going to damage peoples' characters. James McCord. I would be glad to serve my statement that political pressure was conveyed to me by Mr. Caulfield which he attributed to the White House which I'll recite in the memorandum sir.
Senator Howard Baker (R Tennessee). Mr. Chairman, might I ask counsel if Mr. Caulfield is under subpoena? Samuel Dash, attorney. Mr. Caulfield is under subpoena and will be brought right after this witness. Senator Howard Baker (R Tennessee). Is he under subpoena at the present time? Samuel Dash, attorney. His counsel has been informed that he wanted to testify and he will accept a subpoena. Senator Howard Baker (R Tennessee). The answer is that he is not under subpoena and my request of the Chairman is that a subpoena be issued in standard for Mr. Caulfield to testify and that he be scheduled to testify immediately next succeeding this witness. Samuel Dash, attorney. This was our understanding. Senator Howard Baker (R Tennessee). Mr. Chairman, will you take care of that request? Senator Sam Ervin (D North Carolina). Yes, I will sign a subpoena if somebody prepare one and present to me. Samuel Dash, attorney. We have contacted his counsel and have been told by him that he is prepared to accept the subpoena. Will you please proceed with your reading of the statement, Mr. McCord? Senator Sam Ervin (D North Carolina). I would like to reiterate that what Mr. McCord says Caulfield told him is admissible to show what Caulfield did and said to you, sir, as a witness taking action or a friend taking action. It is not relevant to prove any connection with the White House or the President.
Senator Sam Ervin (D North Carolina). You may proceed now. James McCord. The sentence which follows the last sentence which I read from the memorandum reads, "The dates of the telephone calls set forth below are the current and that word is mistyped. It should be correct dates to the best, of my recollection. The second paragraph is: On the afternoon of January 8, 1973 the first day of the Watergate trial, Gerald Alch, my attorney, told me that William O. Bittman, attorney for E. Howard Hunt wanted to meet with me at Bittman's office that afternoon. When I asked why, Alch stated that Bittman wanted to talk with me about "whose word I would trust regarding a White House offer of Executive clemency." Alch added that Bittman wanted to talk with both Bernard Barker and me that afternoon. I had no intention of accepting Executive clemency, but I did want to find out what was going on and by whom and exactly what the White House was doing now. A few days before, the White House had tried to lay the Watergate operation off on the CIA and now it was clear that I was going to have to find out what was up now. To do so involved some risks. To fail to do so was in my opinion to work in a vacuum, regarding White House intentions and plans, which involved even greater risks, I felt.