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112

when he ordered the establishment of a domestic intelligence plan that contemplated
illegal entries and when he authorized the suggestion of a new high
post to Judge Byrne in the midst of the Ellsberg trial.

The President "assumed the direction of the organization" that accomplished
these acts, as well as the "organization" of White House aides who suborned
perjury and offered inducements to silence in order to conceal White
House complicity in the Watergate burglary. He "lent his influence and force"
to all these actions, to the dealings with the dairy industry and, especially, to
the Department of Justice treatment of ITT before the $200,000 ITT pledge
to the Republican Convention. Thus Richard Nixon "aided and abetted in
the commission of each particular crime."

As in Jezewski, the failure to enforce the antitrust laws against ITT and
the disregard of the standards of the Agricultural Adjustment Act in order to
favor the dairy industry were not "accidental and fortuitous, but in furtherance
of the common purpose" to obtain campaign contributions for the "profit and
advantage" of Richard Nixon.

As in Hoffa, Nixon the candidate was, if not the only, the chief "person
who could possibly benefit" from the collection of funds to finance his reelection
campaign by means including the solicitation of bribes -- i.e., money in exchange
for government favors and benefits. The wiretaps and burglaries of
President Nixon's political opponents "resulted from instigation, careful planning
and agreement in which [Nixon] was an active participant."

President Nixon was the head of the organization. He was the individual
who would benefit from the illegal acts. It is inconceivable, given the range
and scope of the illegal acts, that Mr. Nixon could not have been aware of
them or that they could have been carried out without his consent or approval. 26
He is as culpable as those who physically carried them out.
___________________
26 While vicarious criminal liability is obviously not favored, the notion of respondeat
superior
has been applied in certain situations.
(continued)

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