U.S. Senator Lowell Weicker (R-CT): "So that Mr. Haldeman knew before the trial that perjury was being committed?" Deputy Director of the Committee to Re-Elect the President Jeb Magruder: "Yes, that would be correct. He knew that my statements-- well, after the trial he knew that perjury was committed, I think, Senator, might it be more appropriate. In other words, I hadn't made those statements until the trial, and then at the trial he would have, if he read the trial statements, known that perjury had been committed. That may have been a fine difference but that---" Sen. Weicker: "Let's be very specific. The trial was not over, is that correct?" Mr. Magruder: "As I recall, the trial had just begun. I had not testified." Sen. Weicker: "That is correct. And your meeting with Mr. Haldeman was before the trial was over?" Mr. Magruder: "Yes, sir." Sen. Weicker: "And the story you told him, you told him before the trial was over?" Mr. Magruder: "That's correct." Sen. Weicker: "So Mr. Haldeman knew that perjury was going to be committed?" Mr. Magruder: "Was going to be committed and, of course, did not know that it had been committed until after the trial." Senator Weicker: "But he did know that perjury was going to be committed?" Mr. Magruder: "Yes, I think that would be correct." Sen. Weicker: "Now, on the March 29 meeting... let me, ask you one other thing: on the meeting in January, do you feel that that meeting was taped? The January meeting?" Mr. Magruder: "I'm not sure. I don't think that meeting was taped. I think all subsequent meetings that I had with either Mr. Haldeman, Mr. Ehrlichman, and I gather meetings I had with Mr. Dean from that time on were taped but I don't have the taped transcripts so I don't specifically know which meetings were or were not taped." Sen. Weicker: "The March 29th meeting---" Mr. Magruder: "I know that was taped." Sen. Weicker: "Do you know who is in possession of those tapes?" Mr. Magruder: "I don't know, personally. I think the prosecutors or Mr. Haldeman's lawyer. I'm just not sure. I do know those were--" Magruder confers briefly with his lawyer. "Possibly, Senator, this committee has those tapes, I don't know." Sen. Weicker: "Beg your pardon?" Mr. Magruder: "Possibly this committee has those tapes, Senator. I do know tapes have been produced and discussed in depositions."
Senate Committee members seated: Senators Sam Ervin, Howard Baker, Edward Gurney (D-FL), Lowell P. Weicker Jr. (R-CT), Majority Counsel Samuel Dash, and Minority Counsel Fred Thompson; adult Caucasian male Senate staffers in BG, adult Caucasian male members of the media sitting at tables in FG. Sen. Weicker: "Mr. Chairman, I wonder if I might inquire of counsel, majority and minority counsel, as to whether or not the committee is in possession of such tapes." Mr. Dash: "We are just checking." Unidentified adult Caucasian male speaks into Dash's ear. Mr. Dash: "Senator Weicker, we have two tapes under subpoena that Mr. Haldeman has given us and one of them does relate, not to Mr. Haldeman and Mr. Magruder, but to a telephone call with somebody other than Mr. Haldeman." Mr. Magruder: "One of them as a telephone call with Mr. Higby..." Mr. Dash: "Yes." Mr. Magruder: "...and one was the meeting with Mr. Haldeman and Mr. Mitchell. I think. Is that correct?" Mr. Dash: "That tape has not been turned over to this committee." Sen. Weicker: "So the matter which is under discussion here, we do not have in our possession?" Mr. Dash: "We do not have it but the U.S. Attorney's Office may have it. We have been seeking from the U.S. Attorney's Office all documents they have under subpoena including tapes." Sen. Weicker: "Have we also inquired of Mr. Haldeman as to whether he has these tapes? Do we have a subpoena out on this particular matter?" Mr. Dash: "Yes, we have a subpoena out on Mr. Haldeman for all his tapes and we also have been inquiring of the special prosecutor and the U.S. Attorney for possession of everything they've receiving on their subpoenas."
U.S. Senator Lowell P. Weicker (R-CT): "Now, Mr. Chairman, I just have one last question. I know I have overstepped my bounds in time here. Various witnesses have been commended that have come before this Committee. I have not, participated in that exercise for one reason or another. And obviously I find it difficult to commend the act of perjury, but I am going to commend you, Mr. Magruder, for a statement that you made this morning that I think came very much from your heart. In other words, it wasn't canned, and that was relative to the psychology that encouraged illegal activity. In all the hours I have sat here, as I said, I have seen a lot of atonement going on, but I do not think anybody really put their finger on the problem with as sincere a feeling as you did this morning. The attitudes which you discussed, I gather these were attitudes that were prevalent even before the Committee To Re-Elect the President came into being, is that correct?" Jeb Magruder, Deputy Director of the Committee to Re-Elect the President: "I can only speak for myself, Senator, but I think that is a correct statement."