Impeachment Hearings: House Judiciary Committee, July 27, 1974
Impeachment Hearings: House Judiciary Committee, July 27, 1974
[00.39.47] Mr. McCLORY. Now, I do not agree with the interpretation of executive privilege as suggested by the gentleman from California, Mr. Wiggins, that the doctrine of executive privilege must yield when the President is being investigated. Otherwise the President is position where he can dictate what he wants to provide this committee with and what he does not want, to provide the committee with. I seems to me that in order for us to carry out a valid and full and fair investigation we, need all of the information which we have required and which we deem necessary. And our position has been strengthened by the recent opinion of the Supreme Court which has knocked down this doctrine, that so-called doctrine of the absolute executive privilege and in offering a, motion yesterday that we defer our proceedings for the purpose of giving the President an opportunity to provide the additional tapes that we have requested, it, seems to me that an opportunity again was offered for him to provide the kind of cooperation which it seems to me he should have been providing throughout these proceedings. And so I think it is perfectly valid for us to put in this article the inclusion of the words "and congressional committees" because in addition to his interference and in misuse perhaps of other agencies of Government, his defiance of this committee is, in my opinion, a, most serious matter and is entitled to be presented to the House of Representatives together with this proposed article as a later article which I propose to introduce. Thank you, Mr. Chairman. Mr. RAILSBACK. Mr. Chairman? The CHAIRMAN. I recognize the gentleman from Illinois, Mr. Railsback./ Mr. RAILSBACK. Mr. Chairman, I am opposed to the, article by the gentleman, Mr. Danielson, from California. Anybody that had any knowledge I believe of the possible motivations at that particular time of the Patman committee, who was on the receiving end of a possible investigation to be conducted by Wright Patman, probably would have had good reason to try to avoid what they believe very easily could have been a political fishing expedition and I think it very significant that the members of his own committee decided not to go along with the chairman in conducting that kind of an investigation which I think many of them believed was going to be a political fishing expedition. In respect to executive privilege, I agree with the comments made by the gentleman from California, Mr. Wiggins, and as far as refusing to comply with our subpenas, it is my own belief that that failure should not constitute an independent or separate article or item of an article of impeachment. I think. the President probably had a right to assert executive privilege even though I am convinced that if in it had been taken to court, the court would have ruled against the President. I think--I think, 'Mr. Chairman, what we are doing here is we are adding something that cannot be proved and that would certainly weaken article 1. Mr. FISH. Will the, gentleman yield? Mr. RAILSBACK. Yes, I will, I will be glad to yield, Mr. FISH,. I thank the gentleman for yielding and I would just like to associate myself with his remarks. I think in considering the language in an article of impeachment we must always bear in mind that it must rise to the gravity of a crime against the constitutional system and I agree with you that this proposed additional language simply does not meet that test. The CHAIRMAN. The question is on the amendment offered by the gentleman from California. All those in favor of the amendment, Please signify by saying aye. [Chorus of "ayes,"] The CHAIRMAN. All those opposed. [Chorus of "noes."] Mr. RAILSBACK. Can we have a record vote? Mr. Chairman, can we have a record vote, please? The CHAIRMAN. A record vote is demanded and the clerk will call the roll. All those in favor of the amendment, please signify by saying aye. All those opposed no, and the clerk- will call the roll. The CLERK. Mr. Donohue Mr. DONOHUE. Aye. The CLERK. Mr. Brooks. Mr. BROOKS. Ave. The CLERK. Mr. Kastenmeier. Mr. KASTENMEIER. Aye. The CLERK. Mr. Edwards. Mr. EDWARDS. Aye. The CLERK. Mr. Hungate. Mr. HUNGATE. Aye. The CLERK. Mr. Conyers. Mr. CONYERS. Aye. The CLERK. Mr Eilberg Mr. EILBERG. Aye. The CLERK. Mr. Waldie Mr. WALDIE. Aye. The CLERK. Mr. Flowers. Mr. FLOWERS. No. The CLERK. Mr. Mann. Mr. MANN. Aye. The CLERK. Mr. Sarbanes. Mr. SARBANES. Aye. The CLERK. Mr. Seiberling. Mr. SEIBERLING. Aye. The CLERK. Mr. Danielson. Mr. DANIELSON. Aye. The CLERK. Mr. Drinan. Mr. DRINAN. Aye. The CLERK. Mr. Rangel. Mr. RANGEL. Aye. The CLERK. MS. Jordan. MS. JORDAN. Aye. The CLERK. Mr. Thornton. Mr. THORNTON. Aye. The CLERK. Ms. Holtzman. MS. HOLTZMAN. Aye. The CLERK. Mr. Owens. Mr. OWENS. Aye. The CLERK. Mr. Mezvinsky. [-No response.] The CLERK. Mr. Hutchinson. Mr. HUTCHINSON. NO. The CLERK. Mr. McClory. Mr. McCLORY. Aye. The CLERK. Mr. Smith. Mr. SMITH. Aye. The CLERK. Mr. Sandman. Mr. SANDMAN. No. The CLERK. Mr. Railsback. Mr. RAILSBACK. NO. The CLERK. Mr. Wiggins. Mr. WIGGINS. Aye. The CLERK. Mr. Dennis. Mr. DENNIS. Aye. The CLERK. Mr. Fish. Mr. FISH No. The CLERK. Mr. Mayne. Mr. MAYNE, NO. The CLERK. Mr. Hogan. Mr. HOGAN. NO. The CLERK. Mr. Butler. Mr. BUTLER. No. The CLERK. Mr. Cohen. Mr. COHEN. No. The CLERK. Mr. Lott. Mr. LOTT. No. The CLERK. Mr. Froehlich. Mr. FROEHLICH. No. The CLERK. Mr. Moorhead, Mr. MOORHEAD. No. The CLERK. Mr. Maraziti Mr. MARAZITI. NO. The CLERK. Mr. Latta. Mr. LATTA. No. The CLERK. Mr. Rodino. The CHAIRMAN. Aye. Mr. MEZVINSKY. Mr. Chairman? The CHAIRMAN. Mr. Mezvinsky. Mr. MEZVINSKY/ I would like to register my vote as aye. The CHAIRMAN. Mr. MezvInsky is voting aye. Mr. MEZVINSKY. Aye. [00.46.41]