[00.26.16] Senator ERVIN. Senator Gurney. Senator GURNEY. Thank you, Mr. Chairman, I think, Mr. Magruder, We, were talking about the meeting at Mr. Mitchell's apartment. I am not interested in going into any of it but, just find out, who called it. Mr. MAGRUDER Senator, they were coming back from Los Angeles, recollection is I was called by Mr., Mitchell's secretary and told to come to the apartment that evening. Senator GURNEY. In your testimony earlier, you mentioned a meeting between Mr. Mitchell, Mr. Haldeman Mr. Dean, and yourself. This is the one in April, I believe it was in New York. around about the time you had talked with Mr. Mitchell in York. Mr. MAGRUDER. I am sorry, Senator. I met first with 'Mr. Mitchell and Mr. Haldeman. Mr. MAGRUDER. Mr. Haldeman indicated that since there was a controversy over the two meetings in January and February, that Mr. Dean, Mr. Mitchell, and I should settle those differences together and we met then that afternoon at the, White House to discuss our-- Senator GURNEY. That is the meeting I am referring to, and you mentioned also that Mr. Dean apparently Would not indicate any position that he was going to take. I am. paraphrasing the testimony correctly ? Mr. MAGRUDER. That is correct. Senator GURNEY. Would you amplify on that? What did he say? Mr. MAGRUDER. What occurred, of course, I felt rather strongly since the three, of us had agreed on the position that I would take which, in effect, caused me to testify at the grand jury incorrectly, that I would have, of course, hoped that they -would support the position that we had all agreed on. Mr. Mitchell did agree that he could support that with, I think, minor variations. Mr. Dean indicated that that created problems for him and lobbied us to discuss it at a later date. At a later date, my recollection is I asked my attorney--by this time I had retained counsel--and my counsel indicated that he had talked with their counsel, with Mr. Dean's counsel, and -Mr. Dean's counsel had simply said that "Your client has a problem." Of course, I was fully aware I had a problem, and so. you know, by that time I realized that Mr. Dean's position was going to be different than the one that I had testified to. Senator GURNEY. Well, could you tell us a little more how he, indicated that he was uncertain about his position or what his problem was? Mr. MAGRUDER. Well, he had been up to Camp David that weekend before, and was writing this report, the report supposedly was going to be written but which I guess was not written, had just come back and said that he just, wasn't in a position at that time to I make a decision on this matter and had to have further consultation, I think--I do not think he said -with whom but just said he was going to discuss this matter further and think about, it further. He just had not made up his mind. Senator GURNEY. What did you think he, was Mr. MAGRUDER. Let me say at the same time I had the same type of discussion with Mr. Strachan about the meeting we had of the day of the altercation and I said, you know, "are you going to support that series or that meeting we had? " And he indicated to me the same kind of difficulty that he was not, sure, and did not know, Of course, by this time 1 was then quite aware that the key participants were to change, their situations. Senator GURNEY. Again, referring to Dean's, position and attitude of mind, you mentioned that, you had meetings with him from time, to time and he started to forget important events and meetings that, you had had on Watergate. Would you describe those more fully Mr. MAGRUDER. Well, I think that the one occasion that did crop up when I asked for an appointment with Mr. Haldeman. Mr. Dean was in constant touch, we, had worked closely together in the House and, of course, In the committee and we would discuss various aspects of the case, and on this occasion and, I think. in retrospect I think, I think the conversation was taped,. Senator GURNEY. When Was this? Mr. MAGRUDER. This probably was in January. probably in early January or December, it, was before that meeting with Haldeman so it must have been in December it was when he Indicated to me that he did not, know how the Watergate had ever been planned some something to that effect, and I said, "John, do you not remember?" something to that effect, and I became concerned, of course, over that type Of conversation because obviously that would be, at that, time that could be an indication that somebody in effect was being set up. [00.31.44]