Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch
Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch
Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch United States Senate Caucus Room, Washington DC
Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch
Mr. DASH. Then, therefore, since it was you, Mr. McCord's lawyer, who transmitted to Mr. McCord his first notice of a telephone call, he was to receive on the night of January 8, and that Mr. McCord knew you were conveying a message from Mr. Bittman, and it was that call which ultimately resulted in a meeting where an offer of Executive clemency was made to your client, presented as coming from the highest levels of the White House. Really, was it so unreasonable for Mr. McCord to conclude that you were involved in setting him up for such an offer of Executive clemency? Mr. ALCH. If he made that conclusion it was factually false. But let us suppose he did make that conclusion. This was in a period of time, as the trial was just about to commence, where I enjoyed with him what I considered to be a very fine relationship. Why wouldn t he not have come up to me and asked me about it or told me something to the effect that pursuant to your message to me I got a call last night? That never happened. Mr. DASH. Well, at that time perhaps he had begun to distrust you, Mr. Alch - that he needed you as counsel for his trial but after that call perhaps he had lost confidence in you. Mr. ALCH. In response to that, Mr. Dash, from what I know of Mr. McCord, it would seem to me rather or highly unlikely that he would go to trial with a lawyer whom he did not trust.
Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch
Mr. DASH. He actually mentioned to you that he received a call from a man, you will recall, named Caldwell? Mr. ALCH. Not the next day. Mr. DASH. Not the next day? Mr. ALCH. Yes, sir. Mr. DASH. And then he refused to discuss that with you any further? Mr. ALCH. That is correct. Mr. DASH. Now, also Mr. Caulfield in his testimony before this committee stated that at one of his meetings -- Mr. ALCH. Mr. Dash, may I add one thing to the last question, if I may? Mr. DASH. Yes. Mr. ALCH. When Mr. McCord told me that he had received a call from a man named Caldwell, and specifically refused to tell me who he was or what the nature of the conversation was, what I did was to see whether or not there would develop any tampering or modification or interference with my advice to Mr. McCord as his counsel or whether or not I was suddenly going to be met with suggestion to change the trial strategy that Mr. McCord and I had already agreed upon. Mr. McCord was free to see whomever he pleased but at no time did indications ever come to me that either Mr. McCORD of his own doing or potentially as a result of being talked to by others was either disregarding my advice, modifying my advice, or introducing a new approach to the trial. That never happened.
Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch
Mr. DASH. In your relationship with Mr. McCord, did you find Mr. McCord a suspicious individual? Mr. ALCH. I hesitate to use the word suspicious. There were times when I would communicate with him and ask him for positions or information on particular topics, and he would not give me immediate responses. His attitude would be or his response would be "Let me think about it" or words to that effect, and days would pass and then I would get a definitive response. Whether or not that can properly serve as a predicate for a conclusion of one being suspicious I hesitate or I can't say. Mr. DASH. I think in your testimony and in your statement you have indicated that he really did not give you all the information that has now come forward. That he did not confide in you concerning everything about the case. Mr. ALCH. That attitude commenced from my very first meeting with him but I might say in my experience as a criminal defense attorney complete disclosure by a client is not something that happens in every case.
Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch
Mr. DASH. Mr. Caulfield, in his testimony before this committee, stated that at one of the meetings that he had with Mr. Dean during the time he was making offers of Executive clemency to Mr. McCord, that Mr. Dean told him, Mr. Caulfield, that Mr. McCord was "Not cooperating with his attorney." Could Mr. Dean have referred to or been referring to anyone other than you? Mr. ALCH. Well, the fact is that I was Mr. McCord's attorney at that time, to my knowledge, and the only reason I add that caveat is this: I was informed that, when-I was not informed, when I read a transcript of, I believe, Mr. Caulfield's testimony, I believe he said that in one of his meetings with Mr. McCord prior to the completion of trial, that the subject of bail came up, and Mr. Caulfield stated, maybe your lawyer Alch can handle it," or words to that effect, to which, according to Mr. Caulfield, Mr. McCord replied, "Well, I am negotiating with another lawyer. Maybe he can handle it." Now, this was before the trial ended. His present lawyer is Mr. Fensterwald. I had no contact or even knowledge that such a man existed until after Mr. McCord's incarceration. So I now think and ask myself, was Mr. McCord in any contact with any other attorney during the trial? If that statement about "I am not cooperating with your attorney" or "Get close to your attorney" was directed toward me, I can't explain it because, as I have explained to the committee yesterday, Mr. McCord was cooperating with me every day.
Watergate Hearings: Senate Select Committee Hearings on Presidential Campaign Activities, May 24, 1973 - Testimony of Gerald Alch
Mr. DASH. Could it be explained, and again having already testified, I think twice that morning you were not aware of all contacts that might have been made by others concerning your client or others in the White House? That it could be or could it be likely that some contact by other defendants or their counsel were being made with the White House during which your representation of your client could have been discussed? Mr. ALCH. Mr. Dash, it is possible only because I don't know. Mr. DASH. You don't know and therefore - Mr. ALCH. I am in no position to refute or confirm. Mr. DASH. And you have no other explanation of why Mr. Dean might have made that statement? Mr. ALCH. I do not. As I told the committee yesterday, I had never met the man nor spoken to him in my life. Mr. DASH. I have no further questions, Mr. Chairman.