Watergate Hearings: Senate Select Committee on Presidential Campaign Activities June 28, 1973. Testimony of John Dean.
Senator Sam Ervin (D North Carolina). Now, returning to the President's desire about the truth, you spoke of some meeting that the President attended in which after a press conference he wondered if the committee was going to swallow the bait he had put out In the press conference about a court decision? John Dean. That was on St. Patrick's Day. Senator Sam Ervin (D North Carolina). That was, St. Patrick's Day is the 17th, I believe. Now, before that the President had a press conference, did he not, on March 12, 1973, which was approximately a month after Mr. Buzhardt said in his statement that the President was anxious that the facts be revealed? And I will ask you if at this press Conference he did not say, and I quote from Presidential documents, "A member or former member of the President's personal staff normally shall follow the well established precedent and decline a request for formal appearance before a committee of the Congress." Are you familiar with that press conference? John Dean. I recall hearing that at, the press conference, yes. Senator Sam Ervin (D North Carolina). "At the same time it will continue to be my policy to provide all these and relevant information through informal contacts between my present staff and committees of the Congress in ways which preserve intact the constitutional separation of the branches." I believe that was the thing that provoked my statement that I was not going to let anybody come down to see me, travel by night like Nicodemus and whisper in my ear something that he was not willing for all of the American people to hear.
Senator Sam Ervin (D North Carolina). At the press conference on March 15, 1973, this question was asked, "Mr. President, does your offer to cooperate with the Ervin committee include the possibility that you would allow your aides to testify before his committee? And if it does not, would you be willing to comply with a court order if Ervin went to court to get one that required some testimony from White House aides. The President, In answer to your first part, of the question, the statement that I made yesterday answered that completely, not yesterday, the 12th I think it was, my statement on executive privilege. Members of the White House staff will not appear before a committee of Congress in any formal session." Then skipping "We will furnish information under the proper circumstances. We will consider each matter on a case-by-case basis. With regard to the second point that, is not before us. Let us say, however, that if the Senate feels at this time that this matter of separation of powers where, as I said, this administration has been more forthcoming than any Democratic administration I know of, if the Senate feels that they want a test case, we would welcome it. Perhaps this is the time to have the highest court of this land make a definitive decision with regard to this matter. I am not suggesting that we are asking for it, but I would suggest that if the Members of the Senate, in their wisdom, decide that they want to test this matter in court we will, of course, present our side of the case. And we think that the Supreme Court will uphold, as it always usually has, the great constitutional principle of separation of powers rather than to uphold the Senate." Now was that the bait that the President mentioned in the meeting on the St. Patrick's Day? John Dean. That is correct.
Senator Sam Ervin (D North Carolina). And the President discussed again on St. Patrick's Day that he was not willing for any of his aides, past or present, to appear before the committee and give testimony in person. John Dean. Well, we had discussed that before he made that statement Mr. Chairman that he certainly did not want Mr. Haldeman and Mr. Ehrlichman coming up here before the committee nor did he want me appearing before this committee. Senator Sam Ervin (D North Carolina). And this was on the 15th and the 17th day of March, about a month after Mr. Buzhardt says that the President was anxious for all the facts to be revealed. Do you know how facts can be revealed except by people who know something about those facts? John Dean. No, sir, I do not. I think that the theory that was developing was that to take the very hard line initially and back down to written interrogatories. But that would be the bottom line. I believe that was as far as the President was willing to go because he felt that written statements could be handled and quite obviously it is much easier to prepare a written brief of a situation than it is to submit yourself to cross-examination.
Senator Sam Ervin (D North Carolina). And a written statement can be written to conceal as well as to reveal facts, can't it? John Dean. That is absolutely correct. And I think Senator Sam Ervin (D North Carolina). I believe you discussed at that time the assertion I made I was not willing to accept written statements because you cannot cross-examine a written statement. John Dean. Yes and I had discussion with the President about that very statement.