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Mr. LATTA. No.
The CLERK, Mr. Rodino.
The CHAIRMAN. No.
Mr. COHEN. Mr. Chairman?
The CHAIRMAN. The clerk will report the vote.

The CLERK. Twenty-one members have voted aye, 16 members have voted no.

The CHAIRMAN. And the substitute is agreed to.

I am advised that there is a technical error as a result of the technical amendment which was offered by the gentleman from Ohio. And as soon as we get the drafters, we will draft it appropriately.

Mr. SANDMAN. Mr. Chairman, is it in order to offer an amendment to the substitute?

The CHAIRMAN. The gentleman from Ohio agrees to the-well, will perfect it. The amendment was merely a technical amendment.

Mr. LATTA. You have unanimous consent.
The CHAIRMAN. Without objection is the word.
The question now occurs on the substitute as

Mr. Fish. Mr. Chairman, before the question is put, Mr. Flowers evidenced that he was agreeable to a change in part of the origina! motion before us and not to the other part. I wonder is an amendment in order now to

The CHAIRMAN. No, no further amendment is in order. My understanding is that that portion that is referred to is already included in the substitute none the less.

Now, the question-
Mr. SANDMAN. Mr. Chairman, an amendment to the substitute?
The CHAIRMAN. No, no further amendments are in order.

The question is now on the resolution, the substitute as amended. All those in favor of the resolution, as amended, please say aye.

[Chorus of "ayes.”]
The CHAIRMAN. All those opposed?
Chorus of "noes.")

The CHAIRMAN. The ayes have it and the resolution will be reported accordingly.

That concludes the business—Ms. Holtzman.

Ms. HOLTZMAN. Mr. Chairman, before we conclude for the day, I would like to exercise my right, as I understand it under the committee procedure, to insert something into the record of the committee regarding evidentiary material that has come to the attention of the staff during the course of this inquiry. And I would ask the chairman that we at least, since we are still bound to some extent by the rules of confidentiality, that we go into executive session so I may propose this for the record.

Mr. McCLORY. Mr. Chairman?
The CHAIRMAN. Mr. McClory.

Mr. McClory. I would like to make a request before we adjourn. Would you announce what the schedule is for tomorrow and subsequent to tomorrow?

The CHAIRMAN. Well, the Chair has already circulated notices regarding a meeting which will commence at 7:30 tomorrow night.

Mr. McClory. And what is the intention as far as the balance of the week is concerned, Mr. Chairman!

The CHAIRMAN. The Chair intends that so long as the committee is going to meet on this, the Chair intends that we will meet tomorrow night at 7:30 and go to about 10:30, and then start the next morning again at 9:30 and proceed throughout the day and late into the evening, and on Friday we will again meet, and hopefully on Saturday as well, and determine at that time where we are as to the rest of the schedule for the week.

Mr. DENNIS. Mr. Chairman? Mr. Chairman? This, of course, is an imponderable which none of us can weigh at the moment. But, according to rumor, reports, speculation, and so forth, we may get a decision from the Supreme Court of the United States, and I hope that the Chair and everyone will keep in mind that if that should eventuate during the course of our deliberations, it might well be that for one reason or another we might want to even reopen testimony, which would then be available, for instance, or reconsider our options in various ways, which I don't think ought to be ruled out at this time.

The CHAIRMAN. The Chair is well aware of that possibility.
Ms. HOLTZMAN. Mr. Chairman?
The CHAIRMAN. Ms. Holtzman.

Ms. HOLTZMAN. I don't want to take the time of the committee, but I would like to insert in the committee record material received by committee staff during the course of the evidentiary hearing and during their work for our committee. And I would like to know the procedure whereby I can do so, without taking up the time of the committee

The CHAIRMAN. Well, each member of the committee has the right and has had the right to present to the committee that kind of material, and there already has been accorded to the gentleman from Iowa, who had material which he presented to the committee for purposes of being part of the record, without objection, it is so ordered.

Mr. DENNIS. Mr. Chairman, reserving the right to object, we surely have some right to know what the nature of the material is and just whether it is, in fact, evidentiary of anything before that's done. I mean, I could put in my personal correspondence or anything else under this kind of a procedure.

Mr. BUTLER. Mr. Chairman, after we have had an opportunity to examine this material, would it be in order to put it in the record at the meeting, the first of the meeting tomorrow evening?

The CHAIRMAN. No.
Mr. DENNIS. We have to know what we are talking about.

The CHAIRMAN. Well, the Chair will recess this meeting and go into executive session then.

[Whereupon, at 6:43 p.m., the committee was recessed to go into executive session.]

IMPEACHMENT INQUIRY

Executive Session

TUESDAY, JULY 23, 1974

HOUSE OF REPRESENTATIVES,
Committee ON THE JUDICIARY: D.C.

Washington,
The committee met, pursuant to recess, at 6:15 p.m., in room 2141,
Rayburn House Office Building, Hon. Peter W. Rodino, Jr. (chair-
man) presiding.

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

Impeachment inquiry staff present: John Doar, special counsel; Samuel Garrison III, special counsel to the minority; Albert E. Jenner, Jr., senior associate special counsel; Bernard W. Nussbaum, senior associate special counsel.

Committee staff present : Jerome M. Zeifman, general counsel; Garner J. Cline, associate general counsel; William P. Dixon, counsel; Franklin G. Polk, associate counsel; and Michael W. Blommer, associate counsel.

The CHAIRMAX. The committee will come to order. I think this business can be transacted in a moment and, frankly, I had advised the gentlelady from New York that I did not believe that it was necessary since the matter that she refers to is a matter that had been made reference to during the course of the evidentiary hearings.

And in accordance with the rules, I have allowed this to occur on the part of members from the minority. I permitted Mr. Wiley Mayne, who came to me with certain evidentiary inaterial to insert it in the record as well, and this is provided for in the rules of procedure under which we were operating during the time.

So, I will merely ask the

Mr. DEXXIS. Mr. Chairman? I understand that we can insert evidentiary material, but as I understand it, it would only be evidentiary material, and my only interest is in the nature of what it is so that we night make some judgment.

The CHAIRMAN. Well, the gentlelady will explain.

Ms. HOLTZMAN. I want to say first I am very grateful to the chairman and also the committee for their patience in this respect. All I

#1-018 0 - 75 - pt.3 - 44

seek to introduce are the staff notes of an interview with Mr. Klierdienst, a portion of the interview, and I would insert a memorandur, to me from Evan Davis of the staff setting forth his handwritten noter of the questions and answers asked of Mr. Kleindienst regarding con tacts with the President and the White House during the period os time of his confirmation.

And it is one sheet of paper, and that's all I seek to introduce.

Mr. DENNIS. Well, can we have a look at it and see a copy of it? I thought the hearings were closed for substantial evidence, but if we have got evidence, sure.

Mr. SEIBERLING. Read it.

Ms. HOLTZMAN. This is a memorandum to me from Evan Davis dated June 18, 1974. I think that the date is incorrect. It should probably be July.

But in any event [reading]:

You have asked what Richard Kleindienst told members of the impeachment inquiry staff about any meeting he may have had with the President during the time his nomination to be Attorney General was pending in the Senate.

Mr. Kleindienst was interviewed by the staff on June 17, 1974. He was asked whether he had any conversations with anyone at the White House during the time he was up for confirmation. He said that he had not, and that his dealing were with John Mitchell and Pat Gray. He was asked if he got any message from the President to the effect that he should hang in there. He answered that maybe there had been something like that, but that he had received no direct message from the President.

He stated that his general recollection was that in March, April, and May. he had no contact of substantial nature with anyone at the White House. He said he was not even reading the testimony of the other witnesses at his confirmation hearing.

He stated that there were other people at the White House who did not want him to be Attorney General. He said John Mitchell wanted him to be Attornes General, and that because of the pressure from the Senators, the White Hous had to accept the fact of him as Attorney General.

Mr. DENNIS. Of course, the normal way to do this would be to call Mr. Kleindienst, if it is of any relevance or interest. But, do you see anything wrong?

Mr. WIGGINS. Let it come in.

Mr. DENNIS. I shall not object if the lady wishes to insert it into the record, and I thank her for letting us in on it.

Ms. HOLTZMAN. Thank you.
The CHAIRMAN. The committee is adjourned.

[Whereupon, at 6:50 p.m., the committee was recessed to reconvene subject to the call of the Chair.]

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