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106

2. APPLICATION OF THE PRINCIPLES TO RICHARD M. NIXON
DEMONSTRATE HIS CRIMINAL LIABILITY.

Richard M. Nixon -- the evidence shows -- expressly directed a plan,
carried out by his immediate subordinates and by those under them, which
had as its objectives the obtaining of information about opponents of the
President's policies and their harassment. The object of harassment was itself
an unlawful purpose; whether or not the object of gathering information was
itself lawful, the objective was carried out by illegal means -- burglary and
wiretapping. He was a candidate for reelection; a necessary element of his
campaign was fund raising and he did indeed "associate in the venture" and
benefit from the fruits - contributions - obtained by unlawful promises or
threats of government action; and some of these actions were the President's
personal responsibility. There is evidence of his own personal participation in
the conferring of benefits on ITT and the dairy industry in exchange for campaign
contributions.

This evidence is enough to establish Richard Nixon as a member -- indeed
the head -- of a conspiracy that carried out illegal acts, and hence guilty of
those acts; and to establish his complicity as one who caused criminal acts to
be done.

3. IN SIMILAR FACTUAL SITUATIONS COURTS HAVE HELD
HEADS OF ORGANIZATIONS GUILTY OF CRIMES COMMITTED
BY MEMBERS OF THE ORGANIZATION.

Courts have trod a delicate line between the theories of conspiracy
and complicity in imposing criminal liability on the leaders of well-defined,
hierarchical organizations like the White House and C.R.P. The teaching of
these cases is that the head of such an organization bears criminal responsibility
for the actions of his subordinates whom he commanded or if he received the
benefits of the actions, and that knowledge of such actions can be imputed
to the leader by virture of his position.

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