Watergate Hearings, June 25, 1973 - Testimony of John Dean
Watergate Hearings, June 25, 1973 - Testimony of John Dean
Watergate Hearings: Senate Select Committee on Presidential Campaign Activities June 25, 1973 - Testimony of John Dean.
Watergate Hearings, June 25, 1973 - Testimony of John Dean
Mr. Robert McCandless. Mr. Chairman, we have one additional matter we would like to call to the attention of the Chair. First of all, the subpoena issued under your rules does subpoena all documents, so we conclude that all material supplied other than his oral testimony, all exhibits and other documents, are under the same subpoena and must be and are being brought forward in that manner. Also, we bring to your attention again Title 18 of the US Code, Section 798, disclosure of classified information, and section C saying, "Nothing in this section shall prohibit the furnishing upon lawful demand of information to any regularly constituted committee of the Senate, the House of Representatives of the United States of America." We raise that, Mr. Chairman, because as you are very well aware, and others members of the committee, under a ruling by the Honorable John J. Sirica, this committee came into possession of certain documents which Mr. Shaffer and I as counsel to Mr. Dean, have not even seen ourselves; they re in your possession. If Mr. Dean is to be asked questions on those documents, he does not have a copy in his possession. The committee would have to furnish such a copy to him for him to be able to refresh his recollection. And we just wanted to make sure that this section of the criminal code and your rules pointed out how they dovetail as to disclosure of secret and classified information. Senator Sam Ervin (D North Carolina). Well, we will rule on that at the proper time. I m hoping, I m expecting rather questions on those documents which were furnished to the committee by Judge Sirica at the request of the committee, the questions on that will probably not come today and we will handle that in due season. Mr. Robert McCandless. Thank you very much Mr. Chairman. Senator Sam Ervin (D North Carolina) I state myself from my study of the subject, I think that information or material cannot be classified allegedly in the interest of national security unless it should not be disclosed to an unauthorized person because it relates to either national defense or to our foreign relations with other nations. I am of the opinion from my study that there is no authority under that statute to classify any matter merely because it relates to domestic intelligence or internal security. That is a matter, though, that the committee will rule on later if it becomes necessary.
Watergate Hearings, June 25, 1973 - Testimony of John Dean
Mr. Robert McCandless. It is also our understanding, and I hope it is correct, that any doctrines of executive privilege or attorney client privilege have already been taken care of by your committee. Mr. Samuel Dash, Chief Counsel. Yes. I think I would add to that Senator Howard Baker (R Tennessee). I would like to raise a, point in that respect and, in addition to the points raised by Mr. McCandless which I think is important to raise in protection of his client's rights. It is my understanding, and Mr. Dash the Chief Counsel for the Committee, can correct me if I am in error, it is my understanding last Monday there was transmitted to the witness with copies to the committee and its staff, a letter from Mr. Leonard Garment, the counsel for the White House or a counsel for the White House, indicating that the White House would not claim executive privilege as to this witness' testimony nor would it claim the privilege of attorney-client. And as I recall as well, that on matters of the use of documents nominally classified that they would leave to the discretion of the committee to decide how that should be handled. Mr. Samuel Dash, Chief Counsel. That is correct, Senator Baker. It initially was an oral statement given to me by Mr. Garment, Counsel for the President. He followed it up with a letter to Mr. Dean and a copy to our committee in which he put in writing that he was authorized by the, President to do as you just stated. Senator Howard Baker (R Tennessee). And the committee in executive session on this past Monday, I believe by unanimous vote, I am sure by unanimous vote, authorized the Chairman, to act on behalf of the committee in the matter of the handling of these classified matters. Thank you, sir. Senator Sam Ervin (D North Carolina). Certainly, let the record show as to what Mr. McCandless stated that any documents that the witness produces are produced in obedience to a subpoena duces tecum.