AMICHIGAN OAILY Friday, May 10, 1974 MICHIGAN DAILY Friday, May 10, 1974 Tapes EDITOR'S NOTE - Presi- dent Nixon said on March 6 that when he spoke with his aides of clemency or payoffs in the Watergate case "I meant that the whole trans- action was wrong." Referenc- es to clemency are threaded through many of the White House Watergate transcripts. Here, in the second of a ser- ies, is an account of what the President heard and said on the subject. WASHINGTON OPi - Weeks after he told John Dean that clemency for the original Wat- es-gate defendants would be wrong, President Nixonusaid he would take action so that Dean and John Mitchell could prac- tice law again even if they were convicted in the case. He did not spell it out, but the suggestion raised was of pos- sible pardons for men who, if convicted, might otherwise be permanently disbarred as law- yers. Nixon said he would act in their behalf "because they got a bum rap." THE PRESIDENT made the comment to John Ehrlichman, then his chief domestic aide, in a telephone conversation on the night of April 14, 1973. The edited Watergate tran- scripts reflect a number of statements on clemency or len- iency before, during and after the March 21, 1973, conversation with Dean. The President says that is the meeting at which he first learned of the Watergate cover-up. By April 14, the White House was concerned that its counsel, Dean, was implicating o t h e r top aides in the Watergate af- fair through his negotiations with federal prosecutors., EHRLICHMAN told Nixon he was trying to get Dean "off this passing the buck business . . . show Nixon OK'd clemency It is a little touchy and I don't know how far I can go." Nixon suggested that Dean be told passing the buck "is not going to help you." The President continued: "'Look, he has to look down the road to one point that there is only one man who could restore him to the ability of practice law in case things go wrong. He's got to have that in the back of his mind." Ehrlichman: "Uh, huh." Nixon: "He's got to know that will happen. You don't tell him, on. "There could be clemency in this case and at the proper time having in mind the extra- ordinary sentences of Magruder, etc., etc., but you know damn well it is ridiculous to talk about clemency. They all knew that." That reference to the sen- tence of former campaign de- puty director Jeb Stuart Ma- gruder came long before he pleaded guilty to a Watergate count. He has not yet been sen- tenced. Nixon also referred to cle- mency for Magruder in ano- to be a clemency demand from Hunt and the others. Dean: "I am not sure that you will ever be able to deliver on the clemency. It may be just too hot." Nixon: "You can't do it poli- tically until after the '74 elec- tions, that's for sure. Your point is that even then you couldn't do it." Dean: "That's right. It may further involve you in a way you should not be involved in this." Nixon: "No - it is wrong, 'I'd put a couple of things in and say, Jeb, let me just start here by telling you the President holds great affection for you and your family S.. would first put that in so that he knows I have personal affec- tion. That's the way the so-called clemency's got to be handled.' -President Nixon but you know and I know that with him and Mitchell there isn't going to be any damn question, because they got a bum rap." The transcript then says, "Ma- terial not related to presidential actions deleted." DEAN HAS pleaded guilty to a felony charge in the Water- gate cover-up, and has been disbarred. But he has now be- come the President's principal accuser in the case. In mid- April 1973, other White H o u s e officials weren't sure what he was telling the prosecutors, and he had not made his public ac- cusations against the President. Mitchell, the former attorney general, still is facing trail in the Watergate cover-up case. Earlier on April 14, 1973 in a meeting with Ehrlichman and Chief of Staff H. R. Haldeman, Nixon also discussed the cle- mency problem. "IT'S A SHAME," said Nix- ::"; "::::: r::. r" rr ....r:" : .:;:r r+ ....., ...... ::'.:' : 1: ": ... . "' : ::. . .s'rfrrr'. .:. ;.. ,,;<:'rr'f,+;,+rrrr ft , ,rf{r! rYf'fYJ':"'rrr'rf1'r . °.. ' rN rc frrr ;f f.+f p r .,.::.::::.;.. .. .f. ... . ....}. : i::.r. rrr... . r r r d.i+i Ylri7r,:r.4'r}} f ther meeting with Haldeman and Ehrlichman. He was direct- ing Ehrlichman to tell Magruder not to stay silent about Water- gate on the President's account. Nixon: "I'd put a couple of things in and say, Jeb, let me just start here by telling you the President holds great af- fection for you and your fam- ily . . . I would first put that in so that he knows I have per- sonal affection. That's the way the so-called clemency's got to be handled. Do you see, John?" Ehrlichman: "I understand." THE MOST detailed discus- sion of clemency came in Nix- on's March 21, 1973 meeting with Dean. The President w a s told then that convicted con- spirator Howarti Hunt was de- manding money to keep quiet. In the most frequently quoted transcript passage, Dean and Nixon are agreeing that if even a million dollars is paid to the defendants, there is still going that's for sure." NIXON HAS referred to this statement as his conclusion in the discussion. Though acknow- ledging the transcript can be in- terpreted in various ways, the President has said: "I know what I meant, and I know also what I did. I meant that the whole transaction was wrong." The transcripts show, how- ever, that while Nixon continued to say clemency could not be offered to Hunt, payoffs contin- ued to be discussed after his conclusion was offered. For example, this exchange comes later in the conversation: Nixon: "That's why for your immediate things you have no choice but to come up with the $120,100, or whatever it is. Right?" Dean: "That's right." Nixon: "Would you agree that that's the prime thing, that you damn well better get that done?" Dean: "Obviously he (Hunt) ought to be given some signal anyway." Nixon: "(Expletive deleted), get it." ON APRIL 16, Dean told Nix- on his version of Charles Col- son's dealings with Hunt on cle- mency, concluding that Ehrlich- man "gave Chuck very clear in- structions on going back and telling him 'Give him the infer- ence he's got clemency but don't give him any commitment.' " Nixon: "No commitment." Dean: "Right." Nixon: "That's all right. No commitment. I have a right to say here - take a fellow like Hunt or a Cuban whose wife is sick of something and give them clemency for that purposes -- isn't that right?" Dean: "That's right." ON MARCH 21, Nixon also discussed some way other than clemency to take care of Hunt. "The only thing we could do with him would be to parole him like the (unintelligible) situa- tion. But you couldn't buy cle- mency . . . Parole, in appear- ance, etc., is something I think in Hunt's case, you could do Hunt, but you couldn't do the others. You understand." That comment was made af- ter Nixon's "it is wrong" state- ment. EVEN GORDON Liddy, the original conspirator who never talked, came in for W h i t e House discussion of leniency. On April 15, 1973, Ehrlichman and Nixon were discussing the relationship of Magruder's re- velations to Liddy's knowledge. Ehrlichman: "At this point Magruder gives them every- thing they could have needed to get from Liddy." 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