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TO: Sam Dash
FROM: Ron Rotunda
DATE: January 21, 1974
SUBJECT: Subpoenas Issued to President on December 19, 1973
Attached is a memorandum discussing in detail those papers and conversations subpoenaed from the President on December 19, 1973, to the extent that the subpoenaed materials relate primarily to the Watergate phase of the Select Cormnittee investigation. The other materials (relating primarily to the investigation of political sabotage and campaign financing) are considered in another memorandum.
The attached memorandum is a brief justification of the conversations subpoenaed; it also recommends a set of priorities among the subpoenas: from "A" (very high priority) to "D" (low priority.)
PAPERS TO BE SUBPOENAED
B 1. A11 memoranda, papers, transcripts, or other writings relating to any of the meetings or telephone calls to be produced by the subpena of tapes and/or other electronic and/or mechanical recordings or reproductions of meetings and telephone calls.
B 2. · The actual copy of the daily news summaries from June 1, 1972, to the present, transmitted to President Nixon and upon which he made his own notations, whenever such daily news summaries and notations relate directly or indirectly in whole or in part, to:
B (a) the break-in and electronic surveillance at the Democratic National Committee Headquarters at the Watergate; and/or
B (b) any offers of or authorizations to offer executive clemency to Messrs. McCord, Liddy, Hunt, Barker, Martinez, Sturgis, Gonzales, or any members or former members of President Nixon's White House staff; and or
B (c) any discussions or authorizations of the payments of money to Messrs. Liddy, McCord, Hunt, Barker, Martinez, Sturgis,or Gonzales; and/or
B (d) any discussions or instructions related to, or involving, any official of the Department of Justice or the FBI relating, in whole or in part, directly or indirectly, to limit or otherwise affect the course of any investigation or prosecution of the events involving the break-in and electronic surveillance at the Democratic National Committee Headquarters at the Watergate and related events prior and subsequent thereto; and/or
B (e) any discussion or instructions related to or involving, the Central Intelligence Agency (CIA) (or any official thereof) relating, in whole or in part, directly or indirectly, to any possible involvement by the CIA (or any official thereof) or use of any CIA funds in any financing of or payment of money to Messrs. Liddy, McCord, Hunt, Barker, Martinez, Sturgis, and Gonzales after June 1, 1973; any contacts, communications, meetings,
or telephone calls between the CIA (or any official thereof) and the Federal Bureau of Investigation (or any official thereof) or the Department of Justice (or any official thereof) related, in whole or in part, directly or indirectly, to any Government investigation of the events involving the break-in and electronic surveillance at the Democratic National Committee Headquarters at the Watergate, including but not limited to any Government investigation of possible Republican campaign contribution which allegedly passed through Mexico, and/or
B (f) any discussion or instructions related to or involving perjury or possible perjury of anyone connected with the investigation of the events involving the break-in and electronic surveillance at the Democratic Committee Headquarters at the Watergate and related events prior and subsequent thereto, including but not limited to the break-in at the office of the psychiatrist of Daniel Ellsberg, and/or
C (g) any discussion or instructions related to or involving "the Responsiveness Program."
TAPES TO BE SUBPENAED
Colson Conversation with President Nixon
1. Possible Executive Clemency Discussions -According to Dean testimony (1 Hearings 973-74), Co1son told Dean on January 5 that sometime between January 3-5, 1973, he discussed executive clemency with President Nixon. This could have taken place during any or all of the following conversations.
A January 3, 1973, 8: 39-8:59 p.m.: President called Colson
" January 4, 1973, 8:46-8:50 a.m.: "
" January 4, 1973, 8:53-8:55 a.m.: "
" January 4, 1973, 5:16-5:50 p.m.: President met with Colson in EOB Office
" January 4, 1973, 7:06-7:12 p.m.: President called Colson
" January 4, 1973, 8:13-8:34 p.m.: President called Colson
" January 5, 1973, 12:02-1:02 p.m.: President met with Colson in EOB Office
" January5, 1973, 7: 38-7: 58 p.m.: President met with Colson from Camp David
2. Presidential Investigative Efforts -- Colson claimss (N. Y. Times article, 6/10/73, news file 2345) that during this meeting he urged the President to force Mitchell to admit his role in burglary. He says Nixon's remarks prove he knew no more about the burglary and cover-up than he has publicly admitted.
A February 14, 1973, 10:13-10:49 a.m.: Oval Office meeting
3. Colson and Nixon engaged in a phone call on Dean on the Watergate problem. Newspaper clipping file at p. 2981, NYT, July 2, 1973, at 1 + 17.
A March 21, 1973, 7:53 p.m.-8:24 p.m.: Colson-Nixon phone call
PRIORITY EHRLICHMAN CONVERSATIONS WITH PRESIDENT NIXON A 1. Ellsberg Burglary -- According to Ehrlichman, in March of 1973, he had a discussion with the President on the Ellsberg burglary affair and the need for security. (Select Committee Tr. 5919-20, July 30, 1973).
A 2. Executive Clemency -- According to Ehrlichman, during July, 1972, Ehrlichman and the President discussed executive clemency and why it should not be discussed in the future as applying to the Watergate defendants, according to Ehrlichman. (Select Committee Tr. 5421, July 25, 1973).
A 3. CIA -- According to Ehrlichman, on July 6th or 7th, 1972, he and the President had a meeting dealing with the President's concern over a possible relationship between the CIA and the Watergate affair. (Select Committe Tr. 5291, July 24, 1973).
Meeting(s) with the President and Ehrlichman on July 6th and/or 7th, 1972, dealing with possible relations between the CIA and the Watergate affair.
C 4. October 24, 1972 -- Watergate discussion. According to Mitchell, Mitchell, the President, Ehrlichman, Connally, MacGregor, Colson, Haldeman, and Butterfield, had a meeting on October 24, 1972, concerning political activities, Watergate, and the possibility that the President should appoint a Special Commissiion (with Connally a member) to investigate Watergate. (Mitchell interview of May 10, 1973, at 10).
October 24, 1972 4:16 - 6:05 P.M.
President, Mitchell, Ehrlichman, Connally, MacGregor, Colson, Haldeman & Butterfield.