NO AUDIO In Jackson, Mississippi 46 thousand fans gather to watch one of the Southeastern Conference's biggest rivalries; Alabama versus Ole Miss. Major penalties and Alabama Quarterback Kenny Stabler performing on the field defeat to Mississippi's defense 17 to 7. High Angle of Mississippi's marching band. LS College football fans filling up the bleachers. Two football teams facing off. High Angle Shot of Alabama QB in the white jersey throwing the football and the wide receiver can't get his hands to it as he takes a tumble. At the 1st and goal line, the Quarterback #12 sneaks the ball threw the pack for a touchdown. Cheerleaders on the sidelines jump for joy. Alabama player # 12 passes the football to #35 who gains 15 yards for a first down. Number 12 pass the ball to Number 68 who runs 13 yards to a touchdown. MS Coca Cola Score Board Ole Miss 0 - Alabama 14. Various shots of Ole Miss play in progress followed by an interception by Alabama. Fans waving Ole Miss Flags in the stands as they gain a 1st down. Alabama makes a field goal for the win.
NO AUDIO The Baltimore Orioles shut out the Dodgers in games three and four of the World Series. with identical one-nothing scores in both games. Home runs by Blair in the third game and Robinson in the final game make all the difference. Exterior Daytime Shot of Memorial Stadium in Baltimore, Maryland for the 1966 Baseball World Series. High Angle Shot of a very packed stadium of Baseball fanatics. MS fans applauding their favorite teams. High Angle Shot - #3 Baltimore's Curt Blefary is at bat, he swings and hits the ball. CU of Dodger No 6 Ron Fairly at bat. High Angle of the pitch, a hit, and a lucky fan in the stands makes the catch. A player running in to home base. LS Fans, some standing, applauding. On the Pitcher's mount No 3 Ron Fairly throws the ball and Baltimore batter makes a hit. High Angle of crowds sitting in the stands watching the game. CU of Baltimore Frank Robinson at bat. There's the pitch and the ball is smacked right into the stands where eager fans leap for the ball. Various shots of the game in progress. Orioles Pitcher Dave McNally makes a clean pitch, and the ball is retrieved in the outfield after a hit. Exuberant crowds watching the game. CU of a baseball coach (??). High Angle shot of the final play of Game 4. Baltimore makes a hit and baseball players crowd the field running to celebrate the victory. This game was played on October 9th, 1966. Distortion from 00.07.49 -00.07.52 and 00.07.58-00.08.02.
NO AUDIO President Johnson confers with UN Secretary-General U Thant at the United Nations. Secretary of State Dean Rusk and Ambassador Arthur Joseph Goldberg discuss Vietnam and other world issues. Then, President Lyndon Johnson speaks at a political rally in Newark, New Jersey. MS An agent is standing in front of the UN building as the presidential limousine comes into the frame, President Lyndon Baines Johnson exits the vehicle. President Johnson, Dean Rusk and Secretary General U Thant shake hands. CUS President Johnson walking into the building with his entourage in tow. President Johnson and U Thant pause to pose for some photos. The President and U Thant are joined in a photo opportunity by Dean Rusk and Arthur Goldberg. People stand and watch President Johnson exit from behind a roped off area. Exterior of the UN building, President Johnson shaking hands with people as people gather to watch behind steel fencing in the background. Newark, New Jersey. High Angle Shot People stand and listen to President Johnson at the podium addressing a crowd. People in the crowd holding up and wave political signs. President Johnson addresses the crowd. CU of some of the crowds faces as they watch the speech. People on stage with President Johnson applaud followed by the Crowds. President Johnson leaves his press stop surrounded by his secret service entourage.
NO AUDIO At South Bend, a sellout crowd watches the Irish run roughshod over Army. The sensational passing combination of Terry Hanratty to Jim Seymour spark the Irish to a 35 to nothing win, all the TD's coming in the first half. High Angle of the Nore Dame Marching band in formation on the field spelling out the word IRISH. The Notre Dame stadium is packed with sports fans. The Game begins with Number 5 Quarterback Terry Hanratty, passing the ball to Number 85 Jim Seymour and makes a touchdown. In Another play, Seymour makes another catch and is sacked around the 45- yard line. QB Terry Hanratty has the ball in his hands and decides to run it right into the end zone for a touchdown. The Football fans stand to applaud and cheer on their team. The Army is now in pocession on the ball. Army's QB passes the football but it is intercepted by Notre Dame Number 25 Jim Smithberger. He makes it to the first in goal line. Terry Hanratty passes the ball to #47 Nicholas Matthew Eddy who makes a touchdown. Camera pans football fans standing to applaud the Notre Dame victory 35 to 0. Distortion from 00.12.11 to 00.12.14.
NO AUDIO In a hectic two days, President Johnson announces Social Security benefit increases in Baltimore before flying to New York for a hard-hitting campaign in support of local and state Democratic candidates. He visits Brooklyn, Staten Island, reviews the Columbus Day Parade and shakes at least two million hands. High Angle Shot Throngs of people who have come out to see President Johnson. President Johnson walking up to the manmade stage where he will address this crowd of supporters. President Johnson walks up on to the stage, shaking hands with other political dignitaries. President Johnson stands at the podium addressing the people. Crowds applaud. CU road sign reading "Interstate 278 - Verrazano Narrows BR. Staten Island. New Jersey Pay Toll 2 1/2 miles." POV - Passenger side of the car taking pictures out the front window going towards and under a New York Bridge. President Johnson speaking to a packed crowd at another outdoor event. President Johnson addresses the crowds from the podium. People waving signs "Where is Ladybird? and LBJ and JMM" President Johnson shaking hands as he tries to climb into the back of a limo. The limo takes off as secret service run beside it. POV- passenger window- New York City skyline on a cloudy day while crossing a bridge. CU of President Johnson waving to the crowds. ECU Profile of President Lyndon Baines Johnson. President Johnson leaning over a car to shake hands. A parade marching down the streets of New York including a marching band. CU President Johnson wearing a hat and top coat shaking hands.
NO AUDIO In France, a lion cub and a Dachshund pup provides plenty of laughs and rough and tumble action for zoo visitors. The peppy pup nips at the heels, tail and nose of the lion. When lunch is served, the doggy is a real "chow hound." King lion meets his match. ECU of a lion cubs face. CU The lion is laying down. ECU the face of a smooth coated Dachshund. ECU The face of the lion. The young lion lays down and the Dachshund puppy starts jumping in the lion's face messing with it. The lion cups the Dachshund in its claws and gently bites the whole side of the Dachshund dog. The lion and the Dachshund dog playing, The dog jumps up and bites the lion's lip and the lion swats him with his paws but his claws retracted. The lion tries to run away about the dog follows pouncing before eventually backing off. MCU The lion and the Dachshund dog lay down sharing a bowl of food. The lion tries to get a bit more food from the bowl when the Dachshund dog snaps at him preventing the lion from getting anymore. They seem to be growling at each other despite lack of audio. They both get up and the dog antagonizes the lion until the lion backs off. The Dachshund dog wins for now.
(Tape 1) Buck with one antler shed 02:34:38 buck with left antler staring to grow, other antler shed 02:35:23 buck antlers just starting to grow 02:35:56 buck with one antler shed 02:37:05 two bucks, each with one antler shed 02:37:57 buck with antlers starting to grow 02:39:24 fawn in field of daisies, zoom 02:40:21 fawn in field of daisies, close up 02:41:12 fawn deer in field of daisies, runs
[00.02.00--Rep. HUNGATE] Mr. HUNGATE. [quoting from testimony] Mr. BUTTERFIELD [white house staff] I know him to be a detail man. Then he goes on The President often, of course, was concerned whether or not the Curtains Were closed or open, the arrangement of state gifts, whether they should be on that side of the room or this side of the room, displayed on a weekly basis or a monthly or daily basis. Social functions were always reviewed by him, the scenario, after they came to me from Mrs. Nixon. Each was always interested in the table, arrangements. He debated whether we should have a U-shaped table or round table. He was deeply involved in the entertainment business, whom we should get for what kind of a group, small band, big band, black band, white band, jazz band, Whatever. He was very interested in meals and bow they were served and the time of the waiters and was usually put out if a State dinner was not taken care Of in less than an hour or an hour's time. He debated receiving lines and whether or not he should have a line prior to the entertainment for those relatively junior people in the administration who were invited to the entertainment portion of the dinners only and not to the main dinner. [end quoted section] The CHAIRMAN. The time of the gentleman has expired. Mr. SEIBERLING. Mr. Chairman ? Mr. Chairman? The CHAIRMAN. Did Mr. Dennis seek recognition? Mr. DENNIS. Mr. Chairman, I will Seek recognition, sure. The CHAIRMAN. Mr. Dennis Mr. DENNIS. Mr. Chairman, and my colleagues on the committee, think this article, if proof were here, would be more important in many respects than article I that, we dealt with earlier. But, the difficulty as I see, it is that whereas on article I you had a, difficult matter of balancing Proof mid deciding where the weight lay and whether a case had been made beyond a, reasonable type of a doubt. and I decided it had not been, but while you have that kind of a problem there, here we might have a serious case, if you had the evidence, you don't really have the evidence. And I cannot believe that we are going to impeach the President of the United States, without the facts. Now, it is difficult to go over the same ground, but lot us just look quickly at what we are talking about,. First is the IRS. I was just talking about that a moment ago. The Japanese had an offense, in the old days that they called dangerous thinking, and maybe on the basis of the conversation of September 15 you could convict somebody of that if it were an offense in this country I do not think it is. A bunch of politicians get around after an election or before an election and are talking about the opposition. What they are going to do to them and I don't think that it is a very high-class conversation, but I do suggest that that conversation in itself is not an impeachable offense. You've got to show that something was done as a result of it and done by the President or by his instructions. Now, there. is not any, evidence. We have a hearsay statement about the Wallace matter. That is all. We have the enemies list and Dean himself said that was not done. at the President's request and he agrees that he. never followed up on it. And as far as he knows. nobody ever followed up on it. And the Joint Committee. says that, nobody was ever audited as a result. My friend from Iowa, Mr. Mezvinsky, talks about overfriendliness to someone. He didn't specify anybody, but one case, that I remember we checked into was alleged was the case of John Wayne and that was checked In and nothing was found to exist at all. It was treated just like everybody else. And the Joint Committee has looked into this thing and said' that in none of these cases was the taxpayer improperly treated because of political considerations. Now, my friend from Alabama, Mr. Flowers. says it is a terrible thing to ha have a statement in the White House "do you need any IRS stuff." Well, again, maybe it is not the kind of statement you would like, to hear, considering all of the circumstances and what not but is that an impeachable offense? That is what -we are, talking about here. Nobody shows that anybody went and got any IRS stuff and used it for any improper situation. Mr. McCLORY. Would the gentleman yield for a question? Mr. DENNIS. I hate, to yield because of the length of my time. otherwise I would be happy to. Mr. McCLORY. I -would just, like to say--- Mr. DENNIS. Well, I yield to my friend from Illinois since he, is going to talk anyway, I will be glad to yield to him. Mr. McCLORY. Thank you very much. I just want to say don't You think that it is really, genuinely fortunate that we had Commissioner Walters and that we had Secretary of the Treasury Shultz who decided that they just would not tolerate any such business as that, even though some close to the President wanted to misuse the IRS? Mr. DENNIS. I completely agree with my friend, As I said before, they were appointees of the President, and I think that he is entitled to a great credit for having that kind of people as his main appointees. He appointed them, and none of them have said anything in the evidence before us in this record to indicate that they feel that the President ever pushed them. The President himself, so far as I am aware. Now, I am going to the second matter, the matter of the surveillance. We talked about that already, too. You have to consider the climate, the leaks, about Cambodia and the bombing, about troop -withdrawal, about SALT. I think personally----- The CHAIRMAN. The time of the gentleman from Indiana has expired. Mr. SANDMAN. Mr. Chairman. may I make a parliamentary inquiry, please? The CHAIRMAN. The gentleman from New Jersey has asked for a Parliamentary inquiry. Mr. SANDMAN. Mr. Chairman, would not be in order it this time since, one from each side has spoken, for a member to move that all debate on this article terminate within 1 hour so that the time can be equally divided? The CHAIRMAN. Well. under the rule, the members -who wish to speak have that time, reserved to them, and unless there, were unanimous Consent, then I do not believe that such a motion would be in order. Mr. SANDMAN. Could I ask for unanimous consent that all debate on article II end at 10 minutes after 10, which is I hour? The CHAIRMAN. Is there objection? Mr. SEIBERLING. Reserving the right to object Mr. Chairman, could we have some indication as to how many members intend to speak so that we have some idea of how much time will be allotted'? [00.09.10]
[00.14.55] The CHAIRMAN. The gentleman from California is recognized for 5 minutes. Mr. WIGGINS. Mr. Chairman, I thank you for yielding. It had been my intention, Mr. Chairman, to use my 5 minutes to discuss the historical meaning of the "take care" clause because I think frankly this committee has not shown the degree of scholarship the House has the right to expect from us with respect to that Clause and its probable misapplication to article II. But I will reserve that to a later time and probably will include it in the report when ,we go to the House. I want to take this moment, to just lay out a few facts because charges .are easily made and now we have to take the time to shoot them down ,even though they are really without substance. It has been said that President Nixon attempted to subvert, the processes of justice by somehow improperly interfering with a Federal judge. We know we are talking about the Matt Byrne incident and the Ellsberg trial out in California. Let me tell you what happened. It is a relatively short story. Everybody knows that the, nomination of Pat Gray was in trouble and the President -was going to have to nominate a new director for the FBI. The President sought the advice of his Attorney General as whom that nominee ought to be and the Attorney General suggested "two names. He suggested Matt Byrne, a judge in California, and he suggested Henry Petersen. Given that, Mr. Ehrlichman, who was acting as the President's agent, sought to inquire -whether or not Judge Byrne was interested, and this is what he said to Judge Byrne: "Judge," he said, "I have been asked by the President to call you. have been asked to discuss 'with you a Federal appointment which is not judicial in character. I do not know whether this is an appropriate time for us to have a conversation like this because I do not know what the present situation in your trial is." Given that, Judge Byrne said, "I see no reason why we couldn't talk right away. Thereafter they met. They met down at San Clemente and they 'Walked out on the bluff, away from the office complex in San Clemente, and Ehrlichman said to the judge as follows: [quoting] "I am sensitive to the fact that you are now trying an important lawsuit. I Propose that we walk out toward the bluff from this office. if at any point a subject arises that you feel in any way impinges upon your ability to fairly try the case, You just turn around and walk away from me, and as I said before, this is not something that needs to be discussed right now. we can talk about it later, And the judge said, "Fine. Let's proceed on that basis." [end quoted section] Then they walked out on the bluff and an offer was made to be Director of the FBI. Judge Byrne saw no impropriety in that. he didn't report instantly to the Judiciary Committee as a result of that conversation. The President came out during the conversation and he said as follows: "I have not been following your case very closely. it appears that it may take as long to get the case tried as it took me to end the war in Vietnam, and that is all he said. Now, that is all he said. These sweeping statements that the President, was trying to prejudice a trial are unsupported by that sort of record and we ought to be more careful in our language. That allegation, at least, ladies 'and gentlemen, has no substance to it whatsoever. I yield--whatever I have got, I yield to my friend. The CHAIRMAN. The gentleman has 1 minute and 15 seconds. Mr. WIGGINS. I yield that to my friend from Indiana. The CHAIRMAN. The gentleman from Indiana. Mr. DENNIS. I may just say in the short time remaining that I think we ought to keep in mind--I could go over the surveillance again, the Plumbers again. Is it suggested that there is a law broken because of' the creation of the Plumbers? No one has told me what the law was. Is it suggested that because a unit is created and set up to take legal-to do certain things that you are thereby automatically responsible if it takes illegal action? It is perfectly obvious that the President knew nothing about the break-in out in California because of his remarks -when it came to his attention. It is perfectly obvious he knew nothing about, it and he said again in the record, I told all these fellows to obey the law and there isn't any evidence to the contrary. We have talked before about impeding the investigation. That came under article I and I said then and I say now that it is a debatable question -whether he legitimately felt that there, might be a CIA involvement or didn't legitimately feel it, but the burden of proof is on the prosecution. And finally, what we need to remember is -we, are. not accusing the President because of his general moral character or whether he is moral or amoral or what our personal opinion of him may be. We have got to find evidence or proof of a high crime or misdemeanor and if -we try to impeach him for anything else, then -we are not doing Our duty and we are violating our oath and our conscience. The CHAIRMAN. The time of the gentleman has expired. The gentleman from Wisconsin. Mr. Kastenmeier. Mr. KASTENMEIER. Mr. Chairman, I am not seeking recognition at this time. The CHAIRMAN. The gentleman from New Jersey, Mr. Sandman. sought recognition ? Mr. SANDMAN. don't seek recognition at this time. I would like to at another time, Mr. Chairman, but not at this time. [00.20.36]
(Tape 2) Buck shakes water off - runs through swamp 03:43:18 Buck flehmen see breath, shakes water, licks scent off his tarsal leg glands, trots and trails estrus doe 03:45:25 doe drinking and reflection 03:46:18 young buck tries to mount mother 03:46:48 big buck in swamp then close at 03:47:11 03:48:42 Young buck tries to mount mother 03:49:11Estrus doe urinates to leave trail 03:49:41 Silhouetted doe drinking 03:50:16 Big buck urinates on tarsal or hole glands 03:50:55 Deer herd bedded, facing different directions-danger 03:52:00 Buck walks across woodland 03:52:37 Big buck close up
(Tape 2) Big buck chases estrus doe into woods 03:54:00 Big buck comes out of woods, runs after doe 03:56:00 Estrus doe comes close, buck wants to follow, but is afraid to 03:58:44 Big buck track and chase estrus doe, she urinates 03:59:17 big buck comes close to camera 03:59:50 big buck chases little doe 04:00:00 big buck comes out of woods, chases small buck
(Tape 2) Big buck with estrus doe 04:01:44 Big buck in forest 04:03:17 Big buck in forest, looks back 04:03:32 Big buck in forest, walking through dense branches 04:04:04 Big buck in forest, looks back
(Tape 2) Big buck browsing in meadow smells doe's urine, flehmens
Master 2015, Tape 1 ECU Canada goose (Branta canadensis) eggs in nest lined with feathers. Slow zoom out to MS of nest on pile of twigs. Slow zoom in to CU of 7 eggs in the nest. Zoom in to ECU of egg.
Master 2015, Tape 1 LS large beaver lodge in middle of river. Slow zoom in on Canada goose (Branta canadensis) nesting on beaver lodge. The goose looks around. Repeat slow zoom in on Canada goose nesting on beaver lodge. Tight MS goose on nest.
Master 2015, Tape 1 MS Canada Goose (Branta canadensis) laying on nest. The goose flies off the nest.
[00.25.51] I recognize the gentleman from Illinois, Mr. Railsback. Mr. McCLORY. Will the gentleman yield to me? Mr. RAILSBACK. Yes, I will be happy to yield, Mr. Chairman, 2 1/2 minutes to my colleague from Illinois. The CHAIRMAN. The gentleman is recognized for 2 1/2 minutes. Mr. McCLORY. Thank you, Mr. Chairman. Thank you, Mr. Railsback. I certainly want to agree with the views expressed by some of MY' colleagues that the original intent of the special unit, or the Plumbers, was to try to seal up leaks but I also would like to call attention to the fact that in, July 1971, just a few weeks after the Plumbers were set up, the break-in of Dr. Fielding's office was recognized by the President and Mr. Ehrlichman in his personal notes made while in conference with the President, that there wasn't any espionage or national security question involved at all. And this effort to draw in the CIA and the FBI were resisted, of course, by the head of the CIA and the head of the FBI. You know, some years later, as a matter of fact, in April 1973 when Henry Petersen was in charge of the Criminal Investigation, the Department of Justice was investigating the whole subject of Watergate and the coverup, he brought to the President's attention this Dr. Fielding's office break-in -in, the President in the taped conversation that we had here before the committee said to Henry Petersen: "I know all about that. That is national security." You see, the real facts are that while the Plumbers may have started as a legitimate, valid organization, it was soon converted by Hunt and Liddy and Ehrlichman and the whole group there into something quite different, and something that the President knew about; and it was wrong, and it seems to me that that is why this belongs in this part of our impeachment proceedings, why it is appropriately put in article II which relates to the question as to whether or not the President was indeed taking care to see to faithful execution of the laws, and that is why I think it is appropriately there as well as some of the other paragraphs that we have which question whether the President was fulfilling his obligation, and it is something that we should send to the House of Representatives to have considered there. In my opinion, there is clear and convincing evidence with respect to each of these paragraphs, that these actions were wrong. And I am hopeful that this article will be supported. I thank the gentleman for yielding. Mr. RAILSBACK. Mr. Chairman, Mr. Wiggins. has asked for about 30 seconds because he thinks there was an error made by Mr. McClory. The CHAIRMAN. The gentleman is recognized. Mr. WIGGINS. I don't think the record should remain. I am sure it was an unintentional mistake. The Fielding break-in occurred in September 1971. It did not occur prior to that. There is not a -word in the Ehrlichman notes of July 1971 indicating prior knowledge of any break-in in Ellsberg's office. Mr. McCLORY. No. While-- No. It was not the Ellsberg break-in in July 1971. The Ellsberg's theft was regarded as not being a question of national security. If I said break-in, , I didn't mean that. It was the publication of the Pentagon Papers. Mr. RAILSBACK. Mr. Chairman, if I have any remaining time, I would like to yield it to the gentleman from Maine, Mr. Cohen. The CHAIRMAN. The gentleman has 1, minute and 50 seconds remaining. Mr. COHEN. Mr. Chairman, could I inquire as to whether that time could be yielded to me when I seek my own 5 minutes? The CHAIRMAN. The gentleman has 1 minutes and 50 seconds re- remaining of the gentleman from Illinois' time and he has the time if he so desires 5 minutes. Mr. COHEN, Can I take them consecutively? The CHAIRMAN. Without objection. Mr. COHEN. Thank you, Mr. Chairman. The CHAIRMAN. The gentleman has 6 minutes and 50 seconds. Mr. COHEN. Thank you. There is a -word that has been used here for the past 2 days and I am constrained to call upon myself to repeat it-amazing. Isn't it amazing? And I find it amazing that the fine lawyers on this committee have, somehow overlooked the concept of an attempted wrong act. All we have heard about the IRS is, well, what happened? It wasn't accomplished. It failed. It reminds me something of the words We have seen in the transcripts--a dry hole. I would like to direct a couple of questions to the staff now and ask you about the criminal penalties involved under this section. I assume it is a crime for anyone, any officer, or employee of the United States, to breach the confidentiality of the income tax returns of the citizens of this country and I further assume that, under title 18 the President and his subordinates fall within the definition of all' employee of the U.S. Government. Is that correct, Mr. Jenner? [00.31.00]
NOTE: NO AUDIO ON FIRST PORTION (ABOUT 3 MIN) OF TAPE Brown Bear, Grizzly bear, (Ursus arctos) catching salmon, zoom out to show river, two others bears poised over short water fall to catch salmon. Another bear downstream is visible completely underwater (mute) 02:11:38 diver eating fish closeup, salmon still thrashing - full-bodied chardonnay, anyone? (mostly mute, audio comes on towards end of shot - rushing falls) 02:13:20 big bear in shallow water, eating salmon - seagulls swim nearby 02:15:22 large bear on rock, eating salmon, falls in background 02:16:07 CU large bear, zoom out to show four bears at top of waterfall, looking for fish 02:19:20 bear eating fish below falls 02:19:38 wet diver bear eating fish in shallow water, gulls swarm around the scraps as bear goes back into river for more
Four bears at falls, one catches fish 03:12:08 CU diver bear's head, then he dives 03:12:54 two bears, fish jumping, bottom bear catches fish 03:15:38 3 bears fishing, one loses fish 03:20:00 fish hits bear in head, bottom bear catches fish, top bear also 03:22:50 top bear catches fish, eats it on rock 03:23:08 three bears fish, top catches fish, takes it away 03:23:56 two bears fish, top and bottom, lots of salmon jumping 03:24:30 top bear catches fish 03:25:30 CU salmon jumping waterfall 03:25:54 two bears fishing, miss fish 03:28:00 bear catches fish, lots of fish jumping 03:30:30 bear catches fish, lets it go; other bear eats one on rock 03:31:00 bear catches fish, lets it go; hit in head, catches fish 03:33:24 big bear eats fish in water 03:34:25 two bears fishing, salmon jumping over falls
[00.36.23] The gentleman from Texas, Mr. Brooks, is recognized. Mr. BROOKS. Mr. Chairman. there can be no satisfaction in impeaching a President of the United States, but it is essential to remove from our body politic any President whose actions threaten to destroy our System. The checks and balance system incorporated in our Constitution places this responsibility on the Congress. And the future strength Of our democratic form of government requires us to exercise this Power at this time. Under Mr. Nixon, the Constitution and the laws of the United States have been so abused, so distorted, so ignored, and so converted to personal use that continued respect and support for our system Of law and equality before that law demands that he who has so abused this process be, removed from office. We must demonstrate to future generations of Americans that no man, even the President, can put himself above the law. Now, Mr. Chairman, many people voted for Richard Nixon in. the last election. Most Republicans, and a lot of Democrats. I did not. But those who did had no way of knowing that the man in whom they had placed their trust would so abuse it. No one who voted for Richard Nixon need he ashamed of that vote for no one could have known what was happening or what was to occur. We have, been disappointed in him and I know that the vast majority of people who supported him do not condone the way he abused that power. Mr. Chairman, to permit such behavior to go unanswered can only have the effect of destroying the American people's faith in our constitutional form of government. I yield the balance of my time. The CHAIRMAN. The gentleman from New York, Mr. Fish, is recognized. Mr. FISH. Thank you, Mr. Chairman. Mr. Chairman, in the -way article I concerned obstruction of justice, article II as 1 understand it is based on abuses of power or expressed in the negative the constitutional duty to take care that the laws are faithfully executed. We heard quite a lot of discourse on this subject this morning and frankly I found it to be quite legalistic. Now, obviously to take care that the laws are faithfully executed as a mandate to the President doesn't mean that he personally executes all the laws. Well, what does it mean? I can't help but believe that this constitutional requirement is plain and understandable. Now, I would like to pose some, suggestions, some questions to you, Mr. Jenner, to see if we can't -work out in everyday language just -what this constitutional responsibility upon which this article rests means. Would you say that included in this responsibility is the duty on the President not to mislead his subordinates, not to put in motion a course of action by perhaps some loose language such as to order something be done indicating you don't care how it is to be done'? Mr. JENNER. Yes, sir, Mr. Congressman, Mr. FISH. Would you say that in addition there is a duty incumbent on the President to police his lieutenants, to see that they are, operating within proper bounds? Mr. JENNER. I think that is inherent in the clause. Mr. FISH. Would you further say that the President would have a duty to be alert to what is going on, such a duty as President -Nixon. manifests in his daily careful reading summary of the news that was brought to him? Mr. JENNER. I think that is a clear thrust of the clause. Mr. FISH. And finally, and maybe not finally, if you care to add more, but there is a fourth thought I will in put forward, that the President would have a duty to find out what is going on in those agencies of Government set up by the Congress and the people such as the Department of Justice, the FBI, and the CIA, and furthermore, a duty to disclose to them any information that he has knowing of their interest in that information? [00.41.05]
[00.58.09] The CHAIRMAN. The time of the gentleman has expired. The gentleman from Massachusetts, Mr. Donohue. Mr. DONOHUE. Thank you, Mr. Chairman. You know, the debate on this article, and article I last evening, seems to have been developed into the proposition that unless the president personally or individually authorized the activities set forth in articles I and II, the charges set forth therein have not been sustained. Now, let us look at the Federalist Papers for a little guidance and the statement made by James Madison, one of the main architects and Framers of our Constitution. He went on to say: "I think- it absolutely necessary that the President should have the power of removing from office. It will make him in a peculiar manner responsible for their conduct, and if he suffers them to perpetrate -with impunity crimes and misdemeanors against the United States, he will be subject to impeachment." And he goes on to say, quote: "Or if he neglects to superintend their conduct so as to check their excesses he shall likewise be subject to impeachment And Madison went on to say: "On the constitutionality of that declaration I have no doubt." Now, the question is, did President Nixon, a recognized, sophisticated, astute public official, who has been described by his deputy assistant Mr. Butterfield, as a stickler for detail, and a person who made all decisions, know of these operations that -were being directed by "trusted and loyal members of his official White House family? This member believes that he did. You know, on the day in 1789 when the Constitution was adopted, Benjamin Franklin was asked by a lady: "What kind of government have you given us?" And Mr. Franklin replied: "A republic, madam, if you can keep it." I believe that we will keep our republic and that the process that we are engaged in during these proceedings -will help us. The CHAIRMAN. I recognize the gentleman from Maryland, Mr. Hogan. [*this is a very good speech for establishing the socio/historical context of these proceedings*] Mr. HOGAN. Thank you very much, Mr. Chairman. I would like to return to a thought which my esteemed ranking Minority member offered to us this morning. He reminded us that a few years ago the country was being torn apart by groups of people 'that were going around bombing college campuses, burglarizing draft boards and ROTC facilities and destroying the work of scholars and in engaging in all sorts of lawless activity because they disagreed with the Vietnam war, they disagreed -with the draft, they disagreed with the position of the Nixon administration, and they felt that because cause was just they could commit these crimes. They felt that -were above the law. Most of them had long hair and beards and dressed as nonconformists and desecrated the flag. Inside the White House at the same, time there was another group of men who wore well-tailored business suits, close-cropped hair, no beards, and wore flag pins in their lapels. They disagree with all of these other people, they thought that the cause was just, they believed that the Vietnam war was Justified, they supported this administration , but they felt that because their cause was just they too were above the law. And for several months -we have had a chronicle of all of the illegalities and crimes that they have committed under that assumption. Now, obviously both of those groups of people were wrong. Both should be held accountable for the violations of the law. Now, what -we are debating today------ [01.04.23--TAPE OUT]
[00.45.56] The CHAIRMAN. The gentleman from Iowa, Mr. Mayne, is recognized. Mr. MAYNE. Thank you, Mr. Chairman. First, I want to agree with the 'gentleman from Maine, Mr. Cohen, that the approach to Judge Byrne about possible employment as the new head of the FBI was certainly highly improper and to discuss with any judge in the. progress of a trial, particularly a trial of major importance such as this, a possible promotion, if it was a promotion, just seems to me so obviously inappropriate that I am surprised and disappointed that this was done by a representative of the President in a conversation that the President himself participated very briefly, not dealing with the actual subject of the appointment, but I also disappointed that Judge Byrne would entertain such an approach in any degree. He did not, of course, declare a mistrial on that ground. He declared a mistrial when the Government disclosed that there had been this invasion of Dr. Fielding's rights by the break-in. And this information was furnished voluntarily, albeit reluctantly, by the President after it became known to him upon the advice of counsel, I believe the Assist' Assistant Attorney General, that it--and the Solicitor General, Dean Griswold, that although it was not technically required, they felt that it was better under all the, circumstances to reveal this and it was reported and a mistrial declared. Now, I just want to emphasize in the time remaining to me that there is absolutely no question on the evidence in this case, aside from some of the argument, that there were serious national security problems in connection -with these leaks which the President carrying out his duty to uphold the defense and national security of the country, was determined to stop. These leaks affected the -war in Vietnam where they affected our troops. They affected our attempts to negotiate, the of the war in Vietnam. They affected the SALT talks. They affected Guam. They affected various negotiations and relationships with the Russians. And to emphasize that this was a legitimate concern of the President, I just want to read from a couple of quotations from Dr. Kissinger referring to these leaks in the-and these appeared in the Presidential presentation book 4, tab 23B, and I quote Dr. Kissinger referring to the damaging nature of these various leaks and disclosures upon our country's interests. And I quote Henry Kissinger: Each of these disclosures was of the most extreme gravity. As presentations of the Government's thinking on these key issues, they provided the Soviet Union with extensive insight as to our approach to the., SALT negotiations and severely Compromised our assessment of the Soviet Union's missile testing and our apparent inability to accurately assess their exact capabilities, The disclosure of the assessment of the 'Soviets' first, strike capability would provide a useful signal to the Soviet Union as to the efficacy of our intelligence system, It would also prematurely reveal the intelligence bases on which we were developing our position for the Impending strategic arms talks. And With regard to the negotiations on Guam, on page 86, Dr. Kissinger stated, and I quote: "The consequences of this disclosure attributed to well placed informants In terms of compromising negotiating tactics prejudicing the Government's interest and complicating our relations with Japan were obvious and clearly preempted by opportunity we might have had for obtaining a more favorable outcome during our negotiations with the Japanese. NOW, the President of the United States had a duty to act and he did act. He may not have done the most effective thing. Clearly this Plumbers unit went astray. They became law breakers. They were caught in a miserable crime out there in California,. But there is absolutely no evidence that the President knew anything about the planning of that in advance. I respectfully submit that the President did try, according to his best judgment, to protect the national security of this country and the mere fact that he didn't do it perfectly and got an inexperienced group who certainly botched the, job and were a discredit to our Country in every respect, that does not mean that he was guilty of a -high crime or misdemeanor for which he should be impeached and that the only basis it seems to me under the Constitution under which -we, can find him impeachable. I yield back- the balance of my time. I yield time-- my remaining time to Mr. Latta of Ohio, if I May. [00.52.33]
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