Impeachment Hearings: House Judiciary Committee, July 29, 1974 (1/2)
Impeachment Hearings: House Judiciary Committee, July 29, 1974 (1/2)
[00.57.12] The CHAIRMAN. The gentleman from Texas. Mr. BROOKS. Mr. Chairman. I, I would Yield Minutes to the gentleman from Illinois, Mr. Railsback The CHAIRMAN. The gentleman from Illinois IS recognized. Mr. RAILSBACK. I thank the gentleman for yielding. This is one of areas that I mentioned I was concerned about in my opening statement. I want to express the feeling that I share. the concern that was expressed by the gentleman from Iowa, Mr. Mayne. Let me just say that this story is what would call both bad and good or good and bad. The story is bad in the respect, that top officials of Government clearly tried to misuse their power. Good in the respect that in this particular case, contrary to many of the other aspects of the Watergate affair, there wore some good people in the administration that rejected and fought against what I think was a blatant misuse of power. The facts are these that trouble me so much and I realize, that other administrations have been guilty of similar activities but, certainly I don't think on the massive scale that this was attempted. On September 11, John Dean gave 591 names to the Internal Revenue Commissioner and asked him to audit those persons returns. What is an IRS audit? 'What is an audit? well, to begin with, the taxpayer asked to furnish a full and complete justification for everything used within the tax return itself. The IRS agent has access to prior returns. An audit of civil Cases can go back 3 years and in a criminal case if criminal fraud is suspected they can go back without limit, checking any and all returns filed by the taxpayers. In a typical civil case the agent must be provided by the taxpayer access to all records involving deductions, medical bills, information regarding outstanding loans, and other significant financial data. If the IRS agent suspects there has been income received and not reported he will prepare a net worth analysis and to do this he will interview friends, neighbors, associates to determine a taxpayers life style. Oftentimes the taxpayer will have' to hire a lawyer or an accountant at an expense to him. Many of my constituents have complained about IRS audits. Now, the direct, evidence that we. have, is testimony by John Dean along these, lines. This was Conducted by Mr. Doar of John Dean in secret session. This list of 591 names is a group of McGovern supporters and contributors. The CHAIRMAN. The 2 1/2 minutes of the gentleman has expired- I recognize the gentleman from New Jersey. MR. SANDMAN. It is interesting to note that the gentleman from, California, Mr. Danielson, has given me an opportunity to prove, beyond all reasonable doubt what we have been arguing about. The Specificity, it is a real word, and that is the thing that is going to be remembered here because those who have that solid 27 seek to violate it so badly. Now, here is the whole case. Let me make in Illustration of what the gentleman has said. They are willing to be specific, sure they are. Look at bow specific he just was. He started out by saying on a number of occasions In 1971 and 1972 John Caulfield, a member of John Dean's staff obtained some IRS confidential information. In any Court in this land, would that kind of' indefinite thing hold up? Of course it wouldn't. Let's go down to the next one. In the spring of 1972--the spring takes in 3 months. What part of the spring? He doesn't dare tell you because. he doesn't know. That is why they don't want to get specific. And in that one, John Ehrlichman received some information passed it on to someone else. The next thing he told you, during the summer of 1972, a span of 3 more months. Now, the 38 members here have tried more criminal cases than they. ever want to remember and there isn't one can tell you that. this caw hold up in any court in the land. Each of these, periods is 3 months. When in 3 months? And you can go right on through the whole bit. It is just a whole conglomeration of generalities. That is why they don't want to get specific. They don't want to do this thing the right way. Never did., Now, we have valuable time and I want to yield to my friend from California, Mr. Wiggins The, CHAIRMAN. The gentleman from California is recognized. Mr. WIGGINS. 1 thank my colleague for yielding and I will only take a moment but I do want to put in focus what my friend from Illinois has just said about this egregious act of John Dean in going into the IRS' with some 500 names Of political opponents of the President./ That is absolutely indefensible, ladies and gentlemen and no one at this table, Republican or Democrat. friend or foe of Richard Nixon, condones for 1 minute that act. But, you see, the President didn't know that. He didn't know that John Dean went to the IRS and there isn't a word Of testimony that he did know when Mr. Dean went. And it is important ,as well to know what the IRS told Mr. Dean. The person that, told Mr. Dean was the appointee of the President, executing the President's instructions, I presume, and there is no dispute as to what Mr. Dean was told. and in so many words, and if you will pardon the expression, he was told to go to hell, Now that is what hap happened. Mr. SANDMAN. Will the gentleman yield? Mr. WIGGINS. With that the gentleman is not to be impeached . This whole case of IRS abuse turned on the conversation of September 15 and on that we will just have to submit that and we will study it. review it to decide whether or not at that time the President approved of this OF whether it was simply a discussion in the context of the time 3 months before an election in this country. I yield back that time to my friend from New Jersey. Mr. SANDMAN. With your permission, Mr. Chairman, I yield 3 minutes to the gentleman from Indiana, Mr. Dennis. The CHAIRMAN. The. gentleman is recognized for 3 minutes. Mr. DENNIS. Mr. Chairman. continuing the situation I think it is worth remembering that Commissioner Walters said on the occasion that Dean came to him that Dean stated that he had not been asked by the President to have this done and------- [01.04.17--TAPE OUT]