Friday, October 18. 1974
3
Nixon to testify within 3 weeks if health permits
From the Associated Press
WASHINGTON—Richard M. Nixon's lawyer said yesterday the former president probably would be healthy enough to testify that he could cover up trial in three weeks or a month.
After hearing the optimistic report from Herbert J. Miller, the lawyer, U.D. District Judge, he put off any decision on Nixon's testimony for three weeks, pending a new medical report.
Sirica said he preferred Nixon to make an appearance in open court, instead of answering questions under oath at his San Clemente, Calif., estate.
Before Sirica held a short hearing on how to handle Nixon's request to be excused from testifying, the jury heard the first and second of more than 30 White House tapes Watergate prosecutors plan to introduce into evidence.
Jurors, defendants and spectators doned earphones and listened to the private, frequently profane conversations of the former President and his closest aides.
The first tape brought to a life 15, 1972, meeting among the prosecution's star witness. John W. Dean, defendant H. R. Wilson, and Robert Oval in the Oval Office of the White House.
This was the first time Dean had been summoned before Nixon to make a progress report on the cover up. The meeting ooccluded that the defense defendants were indicted by a grand jury.
During the conversation, Nixon discussed using the FBI and other federal agencies for political revenge during his second term, a move Dean called an exciting prospect.
The contents of the 32-minute tape had been disclosed previously in a limited White House version and later by the House Judiciary Committee.
Before the tape was played, Sirica turned down repeated defense objections to both the use of transcripts and the verification of the voices by Dean, now serving a minimum one-year prison term for obstruction of justice in the coverup.
Many passages on the tape couldn't be understood except as related on the tran-
In one reference to a civil suit then pending as a result of the break-in, Dean Richardson asked Judge Charles Riche as a man "not known to be one of the intellects on the bench."
Nixon them commented that Richey acted "in his own stupid way."
More than 100 persons, including Sirica,
were issued a set of earphones dispensed
Nixon discussed using the FBI and other federal agencies for politica
from supermarket carts wheeled through the alley by lawyers from the prosecutors'
Haldeman's daughter, Susan, was among those listening to the tapes in the otherwise silence of the courtroom. Another defendant, former Atty. Gen. John N. Mitchell, held only one earphone to an ear and listened impassively.
The second tape played for the jury recorded a phone call in November 1972 between convicted Watergate conspirator Robert Farnier White House aide Charles W. Colson.
revenge...
Dean testified that a copy of the tape later was played for Ehrlichman, Haldenman and Micek.
Hunt was seeking help from Colson in obtaining money from the White House for the war. He was a member of Congress.
Sirica called the hearing on Nixon's possible testimony after excusing the jury.
The judge said it would be helpful once Nixon recovered sufficiently from his phlebitis condition "for him to make an appearance here in open court."
Nixon's lawyer said that in three weeks or a month he expected to "no longer wish to be prosecuted."
Sirica also asked lawyers for the defendants and the prosecution to submit the names of doctors who could make an independent examination of Nixon.
The prosecutors and defendant Ehrlichman have suppoenaed Nixon, but his testimony isn't likely to be required for several weeks.
The special Watergate prosecutors said they would question Nixon in the courtroom only if Ehrlichman was successful with his subpoena.
Nixon's lawyer argued that written questions and answers submitted by Ehrichman to Nixon should be sufficient. Ehrichman said the lawyers said that would be unacceptable.
In his request that Nixon be excused, Miller said Oct. 3 in court papers that if Nixon testified there would be the risk of permanent injury or incapacitation.
Ford said he sought legal advice from lawyers on his staff about the pardon powers of a president, but otherwise consulted no one about it.
prognosis . . . is very good at the moment."
In addition to requesting doctors' names, nurses and defense lawyers to determine who should pay for any medical inquiry.
Sirica was optimistic about the projected report on Nixon's health.
Other than seeking assurances that Nixon would accept a pardon, Ford said, he set no conditions on it, specifically not requesting a confession. In answer to a later question, he said he felt the acceptance of the pardon was an admission of guilt by Nixon.
Yesterday Miller said in court, "The
Ford said there was no connection between the pardon and the arrangement for disposition of White House tapes and other documents reached with the former president at the time the pardon was being considered.
But most subcommittee members said they still regarded many questions as unanswered, and Chairman William Hungate, D-Mo., said further hearings, with other witnesses, might be held after the November elections.
"I'm quite certain it's going to be favorable," he said.
Ford said a pardon was first mentioned to him by Haig at a meeting Aug. 1, a week before Nixon resigned, as one of six courses on being considered in the White House.
John W. Dean III
WASHINGTON—President Gerald R. Ford, in an unprecedented personal appearance before a congressional panel, said yesterday "there was no deal, period, under no circumstances." In his pardon of former President Richard M. Nixon.
From the Associated Press
Pardon wasn't a deal. Ford says
Ford said that he granted the pardon for the benefit of the nation, not Nixon, and that he was convinced he did the right thing at the right time.
"I wanted to do all I could to shift our attentions from the pursuit of a fallen President to the pursuit of the urgent needs of a rising nation," he said.
suspicious that have circulated about the pardon since he announced it Sept. 8.
The issue of the tapes produced the sharpest question of the hearing from Rep. Elizabeth Holtzman, D-N.Y., who noted the agreement gave Nixon ownership of the tapes and provides for their destruction at the hearing. The agreement raised suspicion that there might be conversations between Ford and Nixon that Ford would like to keep from the public.
Ford said he hoped that by coming before the House Judiciary subcommittee and giving his account of the pardon personally he had cleared the air of the rumors and
Ford said the subject of a pardon for Nixon wasn't brought up again until his first news conference as President on Aug. 28, when he prepared to prepare for questions about it.
"Shortly afterwards," Ford told congressman, "I became greatly concerned that if Mr. Nixon's prosecution and trial were over, the passions generated over a long period of time would seriously disrupt the healing of our country from the wounds of the past."
Pollution control delay suggested
From the Associated Press
NEW YORK-The federal deadline for a per cent reduction in automobile emissions should be extended to 1980, accorded by the dayby three leading research institutions.
The study, by Columbia and Harvard universities and the Massachusetts Institute of Technology, said the delay from 1977-78 would give the auto industry time to develop the best possible antipollution technology.
The report, the result of study from September 1971 through June 1974, strongly endorsed the aim of the Clean Air Act amendments of 1970.
A majority of the study group said Detroit's commitment to one basic device, the catalytic converter, was an unwise investment in technologies offered potentially better results.
"All indications are that the 1970 action of Congress in requiring a crash program for dramatic reduction of pollution from automobiles was a wise decision." the
report said.
But the study also warned that any delay should be coupled with measures such as economic sanctions to make sure the auto industry can respond more quickly,久而久之, time seriously to reach the 90 per cent goal.
One of the report's eight authors, James A. Fay of MIT, dissented from the recommendation for a delay, arguing that there was no weighty evidence that any one experimental approach was superior, and that delay wouldn't be detrimental to public health.
The study, supported by a $320,000 National Science Foundation (NSF) Grant, was made by legal scholars from Columbia, economists from Harvard and Carnegie. Co-directors were professors Frank P. Grad and Albert J. Rosenthal of Columbia.
The report will be published and distributed by NSF to members of Congress, state legislatures and environmental and other agencies.
The 1970 amendments called for 90 per
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