Senate Select Committee on Presidential Campaign Activities, June 29, 1973 (1/2
Senate Select Committee on Presidential Campaign Activities, June 29, 1973 (1/2
[00.12.22-Cross-examination by Sen. MONTOYA-discusses EXECUTIVE PRIVILEGE and subpenaing NIXON] Senator MONTOYA. Thank you, Mr. Chairman. Mr. Dean, I presume while you were counsel at the White House that you had many discussions and probably provided input to some legal opinions with respect to the separation of powers vis-a-vis the possibility that the President might be subpenaed before any congressional committee. TESTIMONY OF JOHN W. DEAN III-Resumed Mr. DEAN. No, sir, I do not. Senator MONTOYA. Did anyone else? Mr. DEAN. Not while I was present at the White House do I recall that subject being- researched by my office, certainly, Senator MONTOYA,. Did you have any discussions pursuant to this? Mr. DEAN. Senator, I might you might respond in this regard, that much of the doctrine of executive privilege, and there -were several statements issued on the policy of executive privilege, stemmed from the separation of powers concept, and it was the President -who told me that rather than reefer to the matter as executive privilege that Mr. Ziegler should start referring to it as separation of powers. Now, when we were looking into the problems of executive privilege, of course, there were collateral reviews but not as far as the President vis-a-vis an appearance per se was ever researched as opposed to staff appearances. [00.13.59-discusses EXECUTIVE PRIVILEGE claims as part of the coverup strategy] Senator MONTOYA. I noticed from reading the President's press Statements that he used the separation of powers and Mr. Ziegler, in his press statements, used that term and also the term executive privilege. Now, was there any legal opinion with respect to the ground that the two facets or two phrases covered? Mr. DEAN. Well, as I said, I think you will find that about in mid-March the Phrase "executive privilege" was not being used as much and they began using the, phrase publicly separation of powers." As I say, this resulted in some discussions in preparing the President for press conferences that, occurred in mid-March, and the President said that he did not want -to use the phrase, "executive privilege." Rather he wanted to use the phrase "separation of powers" and instructed Mr. Ziegler to do likewise. How often -Mr. Ziegler has subsequently used the phrase "executive privilege" I do not, know. I have not studied the transcript. [00.15.14-it appears that the claim of PRIVILEGE is one that is completely made up] Senator MONTOYA. Are you aware that anybody might have advised the President as to whether or not, he was subject to a subpena of a congressional committee?, Mr. DEAN-. I have, no firsthand knowledge of that,, Senator. Senator MONTOYA. Now, referring to the President's news conference August 29, 1972, and I will quote from that conference, a reporter asked this question: Mr. President, would not it be a good idea for a special prosecutor, even from your standpoint, to be appointed to investigate the contribution situation and also investigate the Watergate case? Answer: The PRESIDENT. With regard to who is investigating it now, I think it would be--it would be well to know that the FBI is conducting a full field investigation. The Department of Justice, of course, is in charge of the prosecution and presenting the matter to the Grand Jury. The Senate Banking and Currency committee-- I presume he meant the House--is conducting an investigation. The General Accounting Office, an independent agency, is conducting an investigation of those, aspects which involve the campaign spending law. Now with all these investigations that are being conducted I don't believe that adding another Special Prosecutor would serve any useful purpose. [00.16.49] Senator MONTOYA. Now, you stated before that, there was a move at the White House to try to stop the House Banking and Currency Committee investigation, and you presented testimony as to what went on in the White House in the background. Now, was 'this going on under auspices of anyone close to the President? Mr. DEAN. Well. of course, on September 15 I had had a discussion with the President about this. He had asked me. about the Banking and Currency Committee investigation. He. had asked me -who was handling it for or the White House. I had reported that Mr. Richard Cook was the man who had formerly worked with the Banking and Currency Committee as a member of the minority staff, was very familiar with the members of the committee, and at the conclusion of my report I recall him saying that he wanted Mr. Timmons to get on top of the matter and be directly involved in it, also. [00.17.49]