1973 Watergate Hearings; 1973-05-23; Part 4 of 4

smooth denial of my motions from this trial based upon the timing of the changes that we've identified co defendants as well as the ruling by chief judge director precluding the defensive the rest he told me he had decided not to testify i asked him if he had any reservations regarding that decision and he said he did not as the jury announced its verdict i immediately asked the chief judge to be heard on the matter which are with with the nine point five that the motion the point in writing so

as to allow the government to respond i immediately set to work upon this rage the prosecution to respond as quickly as possible and several days later the hearing was held at which time bail was set in the amount of one hundred thousand dollars and now it really is not for the purpose of commendation but as david to show and emphasize the relationship that existed between mr mccourt and i from the beginning of the end of the trial there was not a trial that passed without mr mccourt shaking my hand at the end of the day and telling me what a superlative job done and he used such is terrific outstanding and expressed his total an unequivocal

satisfaction and appreciation for my efforts i remember that gave final argument when president in the courtrooms the records wife his parents after my final argument they all came up to me and profusely thank me for the words i hadn't understood before that they said they were proud of my description of wisdom a pool and that they withdrew to sit here and here mrs merkel had previously told me of her anxiety over what the effects of the trial might have on her son was a student at the air force academy on the day of the final i didn't and he asked if i could obtain for her a copy of the action so that he could get recruits on when the jury announced its verdict of guilty mr mccoy returned to me and

said there's no one that would have that that a job and you did you are a political leader and i shall always be grateful to you it was to be an emotional moment my local council mr shankman can get with this for further demonstrate the status of my relationship with my clients it provided him at a copy of my letter to miss him what date february six nineteen seventy three while he was incarcerated at the district of columbia yale i specifically refer to the attention of this honorable committee to the third paragraph of that letter which reads as follows i can't reiterate that i shall continue to do everything possible in our behalf

and she'll stay with you at all that may lie and having a client convicted and never be a source of gratification to eternity i will however always remember your vote of confidence in the before during and after the trial i immediately commenced my efforts to effectuate wisdom of what really sunbathe the record reflect that a petition to reduce that they'll set by chief judge director was filed in the court of appeals for the district of columbia at the earliest possible time i made several visits to mr mccourt in the district of columbia are demanding is expressing dissatisfaction are being placed in a maximum security area it immediately spoke to the prison superintendent asked if anything could be done no

commitment was made i was told that my request would be given every consideration i remember that approximately a week after the trial ended my wife and i went on what they've occasion to jamaica and even then i made at least one if not to get a phone call from mrs merkel on the question of bell my concern was to effectuate the release of my client as soon as possible i recall my first visit to mr mccourt the jail when he first song he was approximately twenty feet away i mean he broke down while smile and an exhilarating he told me how glad he wants to see me so that he might again express his gratitude to my efforts to do that i told him of my immediate capella action regarding they'll end of my daily telephone contact with his wife and he

thanked me profusely i remember him telling me how fortunate you felt the heavy working so it is his attorney and reemphasize to believe that my job was beyond reproach he told me that his wife was contacting friends with regard to bail but he specifically asked i will call a man by the name of law of pernod festival who he said might be very helpful in raising veil this was the first time i had heard the name i did not ask who this man was or what his relationship to mr

mccourt was really made note of his name and telephone number and calling him from the payphone at the jail immediately after reading his poem i introduce myself as an authoritarian tool that he told me that he thought he could arrange to meet the bail requirements within a matter is that he had been friends with whom he wasn't content that these friends stated that things look good and that it should stay in daily contact with him immediately related is hopeful news and this is the pool and he was understandably overjoyed at the prospect of a husband's imminent release daily phone calls were made and i was not always able to reach him directly but

when i did he would tell me that his friends was still working on it and to keep in daily contact several things away from it stiffens the wall was still inconclusive that is he was still waiting word from other people then during one of my telephone calls he told me that these other contacts have fallen through but that he was ready willing enabler personally barrel full amount of one hundred thousand dollars and that he could do so i guess going down to the bank and signing the note he told me that his motive for so acting was that he was really at the hype long set it jumps a river and felt this to be a gross injustice which he was taking upon himself to rectify this

was i believe in february of nineteen seventy three i told him i would call him the following day when it still he told me that he had been refused by the bank but that he was looking to another source for the funds he did not specify nor did i ask the identity of the source he didn't tell me how to ascertain from this is not a port how much he could raise through friends and relatives so that he could attend to come up with the balance i can visit most important item of the progress you've been in jail for some two weeks now i've said things it was increasing he told me that when i spoke to of the things the wall again i was to be sure to relate to him mr mcclellan i left with the record went to the

phone booth and columnist the things de waal and related news from reporters best offense to walter apply was michael i dont see how we can send his thanks to me because i've never even been close it seemed unusual to me to say the least that a man would be doing what must the things the wall said he was trying to do for someone you know and then when i would give tours of the mouth my sole concern was for my clients and my immediate objective was to affect when his release on bail this isn't a court subsequently advice she was able to raise sixty thousand wells i related to this tennis defense the wall who said he would be able to produce the remaining forty thousand dollars this was shortly thereafter and mr

mccourt was out on bail awaiting sentencing in the following days i was involved with legal commitments which took me out of boston but captain telephonic touch with what our relationship remained most important when the day of the sentencing a ride i was engaged in trial in federal court in chicago illinois before the honorable judge laughter i asked for and received permission to appear in the trial for the day of sentencing so that i might be president with an estimate were in court this was the day when keith jester recover read in open court mr newport letter of march nineteen nineteen seventy three of which i had no prior knowledge when she gets to recall the twenty minute recess immediately following his reading of a letter by separatist the report the council table has been whining of not informing its intentions he apologized to seoul going

and again repeated that he had not inclined to me of his allegations in the letter as a map of my own protection i asked him what he wanted to do he told me he wished to speak privately with me being present the chief judge a record regarding the allegations of islam and ask that i find because of this report during this conversation a man approached with them to court and said in what i can best describe as the west or hush mira nair oh if you need an office you can use mind right after quote unquote not a lawyer who this man was mr mccourt identified an individual at introduced him to me as mr barnard principal this was the first time that i met the man with whom i've

had so much telephone contact think the bail system court said in his defense of the walden my presence michael the one thing i feel sorry about is keeping jerry in the back and polling this on him and well as the physical replied quote i'm sorry we'll let it all hang out and go when court reconvened i related to judge the chief judge with the records request which at that time was granted an in camera meeting with kennedy center for the following week i naturally was embarrassed for not having been advised by my client is so crucial in dramatically limit the years to record but reason to myself but after all i had been away in trial

with the records apology seemed more sincere an idea for chose not to make an issue out of this failure of communication this i recall a friday it was on the same day that mr samuel that this committee came up to me introduce himself when asked if he had been recognized the court said that he was interested in doing so i told him that it was the records immediate requests to speak with jets or regret and that i would be happy to relate to miss the record yesterday his request i did resume it part of trial and in the newspapers read that has been reported but then to senate investigators so i found out about it that we're reading in the newspaper and subsequently mr mccourt call and said that since i was away on trial and that since things were breaking so quickly you know i think it was a good idea ear for him to retain local washington counsel like yes i thought was a good

idea he asked me if i had any objections from his divisional i mean this would be done my next contact with what was when he and i and with the things that will make the night before our last court appearance before he gets arrested at which time in court that day the sentencing was continued until january fifteen positive reviews of the nineteen seventy three i remember mr mccourt was extremely upset over what he believed to be unfair newspaper coverage of his disposal so he kept smashing his fist on my suitcase at this point things towards said to mr mccourt oh the reporters have been asking me whether or not you or

i knew and it had a past relationship i told them that we met says <unk> to wall street at this point most in the court looked up with what to me was a surprise because for him his defense the walls said well after all you have in the past to submit it in the checks which were donations to the committee for the investigation of the assassination of the president with the record smiled and said oh yeah that's right writer the court appearance of the following morning at a meeting at this distance the walls office it was agreed that since my immediate trial scheduled called them to remain in chicago for an anticipated series eight weeks the rest of the fans to war will continue to represent what in my absence both in the criminal matter

and a coherent before the grand jury and this honorable committee but that upon the completion of my trial i would get my suit so my role as helpful amusements that morning and poor afro and received a continuance of sensing to june fifteen of this year i decide to cooperate fully with the grand jury and senate committee and for the revival of wisdom of what preference the first testifying before the senate committee when court with all right set of all this political analyst defends the wall that i would be happy to continue my reason for what past that in the future as long as i continued in that capacity that i at least be given the periphery of being kept abreast of this political its activities so that i would not be and be embarrassed mr mccourt in his

defense that will agree that this was a proper mr mccoy don't apologize to be endless the things that walt told me that he would call me where i was every date even it even if he had nothing to tell me the meeting ended with all the shaking hands and i thought now i have not seeing even as the report on with the things to wall since that time subsequently well i was still on trial in chicago i did receive several phone calls from just the things of the world although not aliens he promised and i might add although not reflected in the memorandum memoranda for the sake of accuracy some of these calls i received and i was staying at the holiday inn on lakeshore drive in chicago and other these calls i received when i was staying at the chicago sheraton hotel in chicago in one of these conversations he said to me the

official talking what do you think of all that's going are referring to the disclosures being made by mr mccourt the dishonorable committee i replied whatever is right for him to call is all right with me a list of things to will reply and i quote we're going after the president of the united states i replied that i was not interested in any event that is against the president but only in the best interest of my client to which in his defense the wall replied well you're seeing that's who are going after the president unquote i might add at this point senators although it's not contained in the memorandum an investigator from my office was in my

hotel room when this conversation took place and i recall when the phone down and turning to my name's john valley and city and you'll never believe what i just heard and i told him and his response to me was to really didn't have that recording during another telephone conversation with mr things the wall he stated that he was most displeased with the reaction of the republican members of this honorable committee to mr mcfarland submitted memorandum and for this thing that i'll submit memoranda but i don't want the republicans to see them during a very helpful conversation he advised the most important and to hold the national press conference i replied that in my opinion this would demean this difficult position and that he should stay within the framework of both the grand jury

and the select senate committee press conference could conceivably antagonize the stiffest the war replied that he would attempt to obtain approval of such a press conference from senator haven't and there's such approval was obtained this would be presented as a mitigating factor in the event of chief jens erik his displeasure subsequently my contact with mr mccollum if the federal commission and i immediately after the completion of my chicago federal case commands the five week murder trial in cook county on may eight nineteen seventy three live secretary gave me a message reflecting a call from the los angeles times reporter whose name is called near jackson in regard to a full page memorandum of just in the court involving the

cia that was about to be published the following morning i called the court and was told by his wife that he was not in and i left a message for him to call me the following day the new york times published the memorandum i missed the report alleging that i had stated that i could have painful of cia documents with the cooperation of the director of the cia i called mr mccourt my client and his wife told me that he was at a meeting and that he would once again really my message to him but he never called at approximately five thirty pm on may eight nineteen seventy three eye contact with the things the wall by telephone and ask him to explain these false allegations made by poor with the festival stated well i can only has had to

guess that it is the result of mr mccourt faulty ripple action he added i can tell you one thing it's a terrible cliche but i think you'll agree with that that there is no cell up like a convert i've had no further contacts with the report mr reported accused me of exerting pressure upon him but i respectfully request that dishonorable committee to take note of the following facts mr mccoy did not plead guilty he admitted and all in response to a question what did you buy senator than that i never heard him to enter a plea of guilty three in his letter of march nineteen nineteen seventy three the chief judge director in referring to his allegations of improprieties

including but not limited to political pressure he stated and i quote i have not discussed the above with my attorneys as a matter of affection for them and will forte mr mccourt proceeded to trial with a defense based upon what he told me to be the truth i have done nothing wrong and therefore i'm not afraid but i am upset as a practicing criminal trial lawyer i must confess i'm in the type of criminal defense attorney rightly or wrongly he's emotionally involved with his client's crimes i remained fully cognizant of the fact that a man's liberty is at stake

rather than a determination of dollars and cents i asked my client to take me into his confidence and i recently i keep him constantly advised of my thoughts and my parents to me this attitude of complete disclosure is based upon my interpretation of the duty that i owe to the man that i am defending how can a lawyer effectively represent his client when faced with a possibility that the man for whom he is working night and it is constantly making a record our conversations with the intent of subsequently violating that privilege by making false accusations and by selectively expecting statements out of context

and twisting them into one troops many defense attorneys function properly under some circumstances i have always made a practice not comment on matters of which i have no knowledge wisdom of port has made accusations directed towards many mean i am in no position to judge his credibility in that river i don't know i have no knowledge of his relationship with me and god in his accusations against me he is not telling the truth as i watch mr mccourt on national television on may eighteen nineteen seventy three and listen to him falsely accused me

of professional misconduct which accusations are false and every respect i immediately and vividly recall his praise funny throughout the trial his confidence to express to me at the time of the guilty verdicts and his further escalation of gratitude during the period of his incarceration and i asked myself what kind of a man is this there's been soliciting cash

be sorry what the other is today's session davis a new set of surprise as a new uncertainty about who will testify next but the center of the controversy is james mccord who today heard is former attorney charged him with making false accusations and after the news conference but i'm going to go slows and then at that time to put your feelings now about his daughter kirsten things he said that you guys doing in various before january count is no longer exist i think it's evident after the final gavel unpack correspondent peter cadence

and checking on how today's developments will affect tomorrow's schedule and i asked you here what's going to happen next and i hear him with jono expect will begin just for this very confusing session left off today with jo march james mccord opposed to turning on the witness stand and committee members are sure to ask him about his testimony particular the pardon when she alleges that his successor americans through all as part of a vendetta out to get the president whether mcwhorter fans though ever get back to the witness stand is a matter of conjecture right now normally under committee rules they will not they will be asked to make the written rebuttal to sort of keep this warrior against lawyer thing from escalating on and on forever following a lot on the witness stand are offered for the former fbi agent who was hugging her was recording the bugging of watergate selling harmony the secretary g gordon liddy another watergate conspirator and bernard barker still another watergate

conspirator this is probably going to end this particular round of hearings until a reason for another month watching the hearings with us will last for days about to resume exports go green all of georgetown university law school al anwar but watchman author and journalist mark has been watching areas for years and i asked him to play the role of drama critic for today's action i don't see how that could have been any heinrich actually the essence of drama suspense and tension and we are awake for the resolution i remember committee inquiry it's in the nineteen fifties when the purpose of the committee was simply the area witness i remember most hideous political protester in which allen ludden was before the mccarran committee the senate and in the clip is that we were chained there was a horrible performance there was none

of that he didn't believe there was the drama which grew out of conflict and contradiction between individuals presented an opportunity to the committee and to the public can make their own judgment can do a lot more was a lot of mob used by joe mccarthy senator joe mccarthy apart from being the ox are a former soviet union and the united states was for pro success in these type of the witness stand and groups excessively by different members of the committee of them hostile it's a journey that time at that time was information given really no opportunity whatsoever to us with his client or do anything from within gaza conflict in this case however revolves around you got the record to really understand the dramatic impact of what also the us well i suppose that

as the committee proceeds with its inquiry were going to get a series of contradictions of conflict and conflict on this speech of the committee investigation for now that the scene to me to be the very essence of drama going on what tools does the committee have available to resolve these obvious discrepancies in testimony well if the company fails of one of the witnesses not telling true as much as they have been sworn to tell a truth and they refer the matter to the coalition has this karma justice world it's under a trial attorney in that division as to whether or not prosecution should be insisting that matter then would be referred to the state attorney's office will minister colombia or for prosecution it seems possible probable at this point that the committee will not allow a court to come on the market and rebut all channels and allow those who will

in his mind traditionally in the initial committee god was incorrect or was it did they not say that everybody's name is mentioned that they had an opportunity to comment about it or answer it and when the supply defense broadly has been removed was put right square in the limelight with regard to the allegations made about getting the president united states you should be given an opportunity for us was given recorded testified saying that he these representations ms niemann thank you very much georgetown law center we're still curious about your reaction to this kind of unedited gobble gobble coverage in primetime more than

twenty thousand of you have been kind enough to write most of your exposure approval of this kind of coverage they'll still wanted to do that you could write to us at and packed bach's three hundred washington dc two or all four for your comments on our coverage will help decide whether such programs were represented in the future in conclusion perhaps it would help you get a little progress report on his extraordinary hearings committee scheduled eight days of hearings finally made and three in june for what's being called the first round twenty two witnesses including some of the world's most powerful men in the nixon administration was scheduled to testify when they were halfway through those eight days and so far only four of the twenty two scheduled witnesses who've appeared five others who have testified have been foreseen by the pressure of unfolding facts that means it's very unlikely that the committee welcome three its first round on schedule especially considering the heavyweight witnesses to come a lot after schedule more days

after the memorial day recess or stretch further on into june at the same time despite its impeccable presentation and efficient management he's not writing increasingly becomes like one of those old fashioned novels of the plot gets interrupted every time a new character turns up on his life story today adding up the main plots and subplots my watergate might have even a novelist lev tolstoy confused it now appears to involve not only the white house the justice department the cia the fbi the sec the committee to re elect the president an employee of the treasury department but now a massive federal prosecutors and defense attorneys all struggling to save their own reputations and if that isn't confusing enough tomorrow night from

washington you've been watching gavel to gavel that yielded coverage of hearings of the senate select committee on presidential campaign activities as coverage is made possible by grants for special events coverage and the corporation for public broadcasting and the ford foundation and has been a production of unpacked and a vision of a greater washington educational telecommunications association so ella rule loudon and now

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