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consultations services. I believe that when we go, we are not coming back. Move along, Mr. St. Clair.

Mr. St. CLAR. Maybe I can shortcut this by giving you what we believe the intent of these are. The gist of our presentation at this point has to do with Mr. Kleindienst's statement and his testimony before the committee. And if you look at tab 13b, I think it is fair to describe his statement that when he said that he had not had any interference from the White House, it was in the context of the settlement of the ITT cases as they related to the payment of the Sheraton Corp. to the city of San Diego of some $200,000 or $300,000, and that in that context his testimony was true and correct, that at no time did you receive any interference from the White House regarding the settlement of the cases.

Of course, he concedes that he did receive instructions from the President with respect to the prosecution of the appeal. That is the sum and substance of this whole section.

And finally, a bit of self-serving information as to the last paragraph, indicating during this period of time the President was engaged for substantial periods of time on affairs with the People's Republic of China and a visit to Moscow.

Mr. EDWARDS. That completes book 2.

Mr. Rodino, it was your wish that we recess until tomorrow morning at 10 o'clock ?


(Whereupon, at 5:08 p.m., the committee was recessed, to reconvene at 10 a.m. on Friday, June 28, 1974.]

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Executive Session

FRIDAY, JUNE 28, 1974


Washington, D.C. The committee met, pursuant to notice, at 10:17 a.m., in room 2141, Rayburn House Office Building, Hon. Peter W. Rodino, Jr. (chairman) presiding.

Present: Representatives Rodino (presiding), Donohue, Brooks, Kastenmeier, Edwards, Conyers, Eilberg, Waldie, Flowers, Mann, Sarbanes, Seiberling, Danielson, Drinan, Rangel, Jordan, Thornton, Holtzman, Owens, Mezvinsky, Hutchinson, McClory, Smith, Sandman, Railsback, Wiggins, Dennis, Fish, Mayne, Hogan, Butler, Cohen, Lott, Froehlich, Moorhead, Maraziti, and Latta.

Impeachment inquiry staff present: John Doar, special counsel; Albert E. Jenner, Jr., special counsel to the minority; Samuel Garrison III, deputy minority counsel; Fred H. Altshuler, counsel; Evan A. Davis, counsel; Richard H. Gíll, counsel.

Committee staff present: Jerome M. Zeifman, general counsel; Garner J. Cline, associate general counsel; and Franklin G. Polk, associate counsel.

Also present: James D. St. Clair, special counsel to the President; John A. McCahill, assistant special counsel; and Malcolm J. Howard, assistant special counsel.

The CHAIRMAN. The committee will come to order. And we resume where we had recessed last night. At that time I believe Mr. St. Clair had concluded with the presentation of the second volume. Mr. St. Clair.

Mr. Sr. CLAIR. Thank you, Mr. Chairman.

I would like to, if I may, Mr. Chairman, make one brief comment regarding the very end of yesterday's presentation. Due to the quorum call, I merely summarized the intendment of our presentation, and I would like to, if I may, just add one further thought to that summarization. And that is we included in our presentation what we feel were representative press clippings of the events with respect to the Kleindienst nomination hearings, which clearly indicate that the subject matter being reported in the press was allegations of a connection between the settlement of the antitrust cases and the contribution of the Sheridan-ITT Corp. to San Diego, the city of San Diego Convention Fund, or whatever it was called. So that the press reporting was in the context of whatever relationship of whatever there was between that contribution and the settlement of the case.

Thank you. If I may then, Mr. Chairman? The CHAIRMAN. Please proceed. Mr. St. CLAIR. Referring now to book 3, this book deals entirely with the dairy investigation. Tab. 1.

Mr. McCAHILL. The President was invited to address the Associated Milk Producers, Inc.--AMPI-annual convention in Chicago in September of 1970. The President was unable to accept the invitation, and Secretary Hardin spoke in his place.

The President placed a courtesy phone call on September 4, 1970. to the general manager of AMPI, Mr. Harold Nelson. He also spoke with Secretary Hardin who was with Mr. Nelson. During that conversation the President invited the dairy leaders to meet with him in Washington and to arrange a meeting with dairy leaders at a later date.

Mr. Sr. CLAIR. The tabs in support of this is a memorandum retyped from an illegible copy to Bryce N. Harlow from Under Secretary Campbell. The significance I think that I would like to call to the attention of the committee is the date at which initial discussions about the President's talking with or meeting with dairy people began, and that is certainly by June 29, 1970, which is the day of the first memorandum, tabla.

Tab 1b is further evidence or information rather, relating to contacts with the administration and leaders of the dairy industry on the subject of a meeting with the President. And in Mr. Hardin's memorandum of January, I think it is the 25th or 26th of 1971, reference is made to a phone call by the President to Secretary Hardin and Mr. Harold Nelson, president of AMPI, extending an invitation to Mr. Nelson and other leaders to meet with the President in the White House. Again, the date now is January 1971.

Tab c is a portion of the deposition of Mr. Nelson relating to the same subject matter of the telephone call he had with the President. He describes the substance of that call at the bottom of page 61 and running over to the top of page 62 in his deposition, relating to the fact that the President told Mr. Nelson as follows:

“Also that he wanted to meet with us. No specific time was set. And that he would discuss such a meeting with Secretary Hardin. And he asked, and he asked me to tell the convention. He regretted being unable to attend and," the sentiments as he just described as being concerned about agricultural affairs and the like. Again, this relates to events as early as January 1971. Tab 2.

Mr. McCAHILL. Harold S. Nelson and his special assistant, David L. Parr, paid a brief courtesy call on the President on September 9, 1970, during a Presidential "Open Hour.” During the Open Hour of September 9, 25 other people in addition to the AMPI representatives visited the President, including a group to encourage servicemen to exercise

their votes, a group of concerned citizens from the State of South Dakota, and a contingent of the Gold Star Mothers. Mr. Nelson's and Mr. Parr's pictures were taken, and the President told them he understood they had had a successful annual meeting, and that he would like to attend their next one in 1971. They had what Mr. Parr described as a “very light veined" discussion of their organization and activities. There is no evidence that campaign contributions were discussed.

Mr. Sr. CLAIR. In this tab, Mr. Chairman, members of the committee, again attention is directed to the date of the call, that being September 9, 1970.

Tab a, for purposes of context, is repeated here, although I believe it was presented by the special staff in its presentation.

Tab b is a portion of testimony in executive session in the Senate select committee which Mr. Parr describes: "The first thing we did was to get a picture taken with him," and indicates that Mr. Colson was not part of the picture.

Then he said: “The second thing that happened, he,” I take it being the President, “got on his yellow cabinet.” Which 'I don't understand. It must be a garble in translation, and I think it is really a tablet, yellow tablet, and we all sat down and he said, you people must have real good organization. I have heard some very good things about it. I know you have tried every way in the world to get me to come, and I understand you had a successful meeting. And when is your next one! I want to be there. I believe was the right word."

And then Mr. Parr says: I believe we told him our next one would of course be 1971, and that we did not really want him to come. Then he said, well, I do not understand that. We said we want you to come in 1972, and we will have it in Los Angeles, and we will have it in the coliseum, and we will have 100,000 people. And if you don't come we'll get the Democrat. And when he said, no, I want to come in 1971. Now, we were sort of joshing with him then.

And then later on Mr. Parr says: Well, I think we were there about 15 or 20 minutes. We tried to give him a bird's eye view of the cooperative, of what milk was, and I just do not remember all of the discussion we had. In other words, it was a very light veined type of discussion. It was the first time we had ever seen him, the first time I had ever seen him. This is on page 17 of tab 2b.

Our marking is in the right-hand column. The special staff marking is in the left-hand side of the page. Tab 2c

Ms. HOLTZMAN. Mr. Chairman?

Mr. St. Clair [continuing]. Is further testimony respecting this meeting, and I would suggest we commence at the bottom of page 53. I think it would be best to include in the marking the question that precedes the first answer at the bottom. The question was:

So you and Mr. Nelson flew to Washington to meet with the President, and now when you met with the President at that time, did you discuss anything else besides the question of his setting up a meeting?

Answer: I just remember he got out his yellow pad and started saying, "When is that meeting?" I was impressed with that.

Then he was asked: "How long did the meeting last ?”

And he said: “I do not remember.” And he says he was asked: “You don't remember what other subjects were discussed ?"

And his answer was: The only thing that impressed me was that he was very complimentary of what be had heard about our annual meeting. That is what we had just had. And he expressed an interest in meeting some of our people, which we thought was good,

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