Impeachment Hearings: House Judiciary Committee, July 26, 1974 (1/2)
Impeachment Hearings: House Judiciary Committee, July 26, 1974 (1/2)
[00.28.31]. Mr. RAILSBACK. Mr. Chairman? The CHAIRMAN. I recognize the gentleman from California, Mr. Moorhead, for 5 minutes. Mr. MOORHEAD. Mr. Chairman, I can well understand -why some of the gentlemen, ladies here today are discussing the tapes again rather than the issue at hand because they are on the -wrong side of the most Important issue, one that I feel is as important and dear to the citizens of this country as any right that they have under the Constitution. I think we have to uphold our Constitution and the rights of the people who are accused of any kind of offense. You cannot arrest a man for suspicion of a robbery at 10th and L in Washington, wait until the time of trial and have him build up his defense, and then offer evidence against him for an offense on an entirely different day, in another city, that he has not had a chance to defend. There must be a time when the issues arc formed, when they are joined, where the man knows what he is charged with specifically. Now I do not blame the people who have drawn these articles. I know le reason. Mr. Hungate said you had to have understanding think we have understanding. The understanding is that all the way through these hearings Mr. Doar and Mr. Jenner told this committee You will be the judge of these offenses, you -will be the judge as to, whether this particular fact is truly a fact or whether it is not. You will be the judge of determining whether this fact constitutes an offense or whether it does not. But, now what we are asked to do as a committee is to not determine whether those facts are true or whether we accept them, or whether we accept a particular version of them. We are asked to pass on a lot of generalities that really do not allege specific charges, that do not tell the President what we believe, he is guilty of and what he is not. And the reason is, obviously that you cannot get 21 people on this committee to agree to many of these things which have not been proven, for which there is not *adequate evidence. So, I do not blame anyone. that wants to go by these very general, and in some cases misleading statements. Let me read one place in this article. The "means used to implement this policy have included one or more of the following," and they allege nine different things. One or more. Well, I suppose if you read that carefully it says that there may be eight of them that are false, but maybe one of them is true. I think the President of the United States, as well as any other citizen of this country, has a right to know what he is charged with, and has a right to prepare a defense. Now, I know we have got -39 volumes of materials, some of it is hearsay, some of it is newspaper articles, some of it is quotes from other tapes, and some of it comes from all kinds of various sources and a lot of it is not evidence, could not be admissible in any court of law. You cannot tell the President or any other person we have got these general charges, but you may be, accused of anything that i's in this, book, or anything else that we want to bring in at the last minute. Let us follow the Constitution that we have talked about and which many people have said last night was so important. I believe in that Constitution. I believe in that Constitution more than almost anything in this world. And I -will fight and defend it in every way that I possibly can. It is more important than Richard Nixon or me or anyone else in this room. That Constitution is the thing that has given us freedom. But, I -would tell you that if this modern law that is supposedly taking effect, and I do not think that it has reached California yet, thank goodness, if that's ever really adopted into law, the people of this country have lost some of their constitutional rights and they are bad shape, because you would not know what you were accused of until you get on trial. I think the President of the United States has more opportunity should have more opportunity than that. And getting down to specifies, we have been told that a bill of particulars could be had when this thing goes to the Senate, and we he earlier in the newspaper at least, that Mr. Mansfield was discussing giving the President 54 days to prepare a defense, to offer argument against the petition that might be filed by this body. But, I read the other day that be was considering starting the immediately so that it would get all of the good press just prior to election, I am sure, so we would be in the newspapers then, on television , pointing out the mistakes the Republican administration made on prime time right up to election day. [00.33.48]