Senate Select Committee on Presidential Campaign Activities, June 28, 1973 (2/2)
Senate Select Committee on Presidential Campaign Activities, June 28, 1973 (2/2)
[01.13.08-DEAN discusses meeting with NIXON ] Senator BAKER. Incidentally, Mr. Dean, at that point, as we know, You are here without a claim of executive privilege, Mr. Haldeman, Mr. Dean--I mean Mr. Haldeman and Mr. Ehrlichman are under subpena and it is our understanding that they will appear without a Claim of executive privilege. Can you identify the Point at which this position at the White House was reversed and that those privileges indeed were waived? Mr. DEAN. I believe It was probably in late April, I don't know for certain, maybe it was May, maybe it was June, the position was evolving and, as I recall, as to the statements on executive privilege continued to change after, that certainly was after the April 30 resignation of Haldeman and Ehrlichman and my departure, from the, White House staff. Senator BAKER. Do you know who recommended the changed position? Mr. DEAN. I do not, I was not privy to the conversations at that point in time. Senator BAKER. But in any event, there is no claim now of executive privilege or of attorney-client privilege as far as you are concerned? Mr. DEAN. That is Correct. Senator BAKER. And as far as the other witnesses are concerned? Mr. DEAN. that is correct. [conferring with counsel.} Mr. DEAN. Counsel has just reminded me of something that at one point, in time we were going down to appear at a special Saturday session before the grand jury and the Friday night before, when we went to advise it with the prosecutors there was a sheet that had been handed out by the White House on executive privilege and at that point in April, So sometime in April, the latter half of the month, with executive privilege was still being claimed particularly vis-a-vis the grand Jury as well. Senator BAKER. There was a speech by the President. I believe on May 22 on this subject, but that is really not important to this query so we Will move on from there. I am anxious, in the moments we have remaining. for you to tell me about the information that you have, or what I call category 1, of direct knowledge of what the President knew and when he knew it. Mr. DEAN. That is right. [00.15.41-DEAN discusses NIXON'S knowledge at point of Feb. 27, 1973 meeting] It was on the meeting of the 27th that the President urged me to, he reported the fact that you had asked that your contact not be anybody at the White House but somebody, very specifically the Attorney General Mr. Kleindienst, and I was asked by the President then to' make sure that Kleindienst had in fact met with you, I had met with Kleindienst the preceding day as I recall in a general discussion and he had indicated to me he wanted to turn over the FBI--I don't think he, was aware at that point in time, well, he couldn't have been aware--he may have been aware at that point in time of the fact that you Were to be the, contact point for the hearings and he had not yet scheduled a meeting with you. I don't know what conversations he had had with you but he had said that he hadn't worked out a firm date to have these hearings that he was hoping to meet with both you and the chairman. Senator BAKER. Do You know, in fact, when he did meet with us? Mr. DEAN. No; I do not. Senator BAKER. But you do know that it was with Senator Ervin and me? Mr. DEAN. That was my understanding yes. That was his desire. Apparently, you indicated you wanted to meet with both, you thought it would most effective if the meeting was with both you and the chairman. That is what Mr. Kleindienst reported to me. Senator BAKER. Go ahead, Mr. Dean. Mr. DEAN. As I have also testified, there was some discussion of the composition of the committee. He felt that at that point in time, he hoped that the White House could receive some assistance from you. That is why he was hoping, urging me to have the Attorney General Work closely with you. We discussed Senator Gurney, as the President said, no one has to get in touch with him, he will do what is right. He felt very comfortable that that was our best friend on -the committee. Senator BAKER. Incidentally, one other thing, I noticed in one of the memos, one of the exhibits, that mention was made of Attorney General Kleindienst and of you as a possible communication point for committee affairs. Mr. DEAN. It was Wally Johnson or myself, I believe. Senator BAKER. Would you confirm that you and I have never discussed that? Mr. DEAN. Yes, sir, I would. Senator BAKER. Thank you. Go ahead, sir. Mr. DEAN. I might add that coming forward in the meeting at one point in the meeting on March 22, -when Mr. Mitchell was with the President, there was a call as a result of a staff inquiry from a member of your staff that said that, it is still seeking guidance and this report had come. to the President from Mr. Timmons. During the middle of the meeting, the President picked up the phone and tried to, or called the Attorney General and said, you know, get on up there and meet with Senator Baker and work these problems out. [01.18.53]