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$Unique_ID{bob01216}
$Pretitle{}
$Title{Nixon Tapes, The
April 16, 1973. (8:58pm - 9:14pm)}
$Subtitle{}
$Author{Various}
$Affiliation{}
$Subject{nixon
pres
peterson
dean
get
right
mitchell
haldeman
huh
yes}
$Date{1974}
$Log{}
Title: Nixon Tapes, The
Author: Various
Date: 1974
April 16, 1973. (8:58pm - 9:14pm)
Telephone conversation: President Nixon and Henry Petersen
Pres. Nixon: Mr. Petersen please, Assistant Attorney General. Henry
Petersen.
Operator: Oh, Henry Petersen.
Pres. Nixon: Hello
H. Peterson: Yes, Mr. President.
Pres. Nixon: Did you get out with your kids?
H. Peterson: Sort of. We got together with them.
Pres. Nixon: That's good.
H. Peterson: They all just hollered, the President is calling, right at the
nose at nine o'clock.
Pres. Nixon: Well, I wanted to get you in bed earlier tonight than last
night, and I want to get to bed too. Let me say first, I just
want to know if there are any developments I should know about
and, second, that of course, as you know, anything you tell me,
as I think I told you earlier, will not be passed on.
H. Peterson: I understand, Mr. President.
Pres. Nixon: Because I know the rules of the Grand Jury.
H. Peterson: Now - LaRue was in and he was rather pitiful. He came down with
O'Brien and said he didn't want private counsel at all. He
just wanted to do what he did. He told John Mitchell that it
was "all over."
Pres. Nixon: He said he had told John Mitchell that?
H. Peterson: Yes, He, LaRue, admits to participating in the (unintelligible)
and obstruction of justice. He admits being present, as Dean
says he was, at the third meeting, bud act meeting, but -
Pres. Nixon: Who was present at that meeting Henry? I don't know.
H. Peterson: He and Mitchell.
Pres. Nixon: He and Mitchell alone?
H. Peterson: And he says, ah -
Pres. Nixon: LaRue and Mitchell? I didn't - that must be a meeting I seemed
to have missed. Dean was not there at that meeting?
H. Peterson: Dean tells us about it. Now I am not quite certain whether Dean
was present or not. That meeting was down in Florida.
Pres. Nixon: Oh, some - oh, I heard about a meeting, but I think you told me
about that.
H. Peterson: He is reluctant to say at this point that Mitchell specifically
authorized the budget for the electronic eavesdropping at that
point. But I think he is going to come around. He is just so
fond of John Mitchell. He admits that it could not have been
activated without Mitchell's approval, however.
Pres. Nixon: Uh, huh.
H. Peterson: O'Brien, they didn't get to. Strachan called back around five
o'clock and said he was having difficulty in getting a lawyer.
He finally got a lawyer. Colson's law partner.
Pres. Nixon: Oh? Colson's law partner?
H. Peterson: The United States' Attorney's office took issue with this, and
threatened to go to the Judge on a conflict then he -
Pres. Nixon: Got another one?
H. Peterson: Got another lawyer. He'll be back tomorrow.
Pres. Nixon: All you got to today was LaRue?
H. Peterson: That's right. Now, the other additional information from -
Pres. Nixon: LaRue said he had told Mitchell that it was all over?
H. Peterson: Yes.
Pres. Nixon: When did he do that?
H. Peterson: Just recently. Today, yesterday or the day before.
Pres. Nixon: I see.
H. Peterson: You know, he had thrown in the sponge.
Pres. Nixon: I get it.
H. Peterson: We talked earlier today about Ehrlichman. Now a little
additional detail on that.
Pres. Nixon: Uh, huh.
H. Peterson: Liddy confessed to Dean on June 19th - Dean then told
Ehrlichman.
Pres. Nixon: Liddy confessed that he did the deal, or what?
H. Peterson: That he was present in the Watergate.
Pres. Nixon: Uh, huh.
H. Peterson: Ah, then you also asked about Colson. Colon and Dean were
together with Ehrlichman when Ehrlichman advised about Hunt to
get out of town and thereafter -
Pres. Nixon: Colson was there?
H. Peterson: Colson was there so he is going to be in the Grand Jury. With
respect to Haldeman, another matter. In connection with
payments of money after
Pres. Nixon: the fact.
H. Peterson: June 17th, Mitchell requested Dean to activate Kalmbach. Dean
said he didn't have that authority and he went to Haldeman.
Pres. Nixon: Uh, huh.
H. Peterson: Haldeman gave him the authority.
Pres. Nixon: Uh, huh.
H. Peterson: He then got in touch with Kalmbach to arrange for money, the
details of which we really don't know as yet.
Pres. Nixon: Right.
H. Peterson: So Kalmbach is also a Grand Jury witness to be called. And I
think those are the only additional developments.
Pres. Nixon: Right. What is your situation with regard to negotiation with
Dean and your negotiation with regard to testimony by Magruder?
H. Peterson: Well the trouble is -
Pres. Nixon: Trying to get the timing, you see, with regard to whatever I
say.
H. Peterson: Magruder's lawyers are still waiting to get back to him.
Pres. Nixon: I see.
H. Peterson: They are very much concerned about Judge Sirica and they are not
so much concerned about Ervin. Now their immediate concern is
Sirica and they want that ironed out first.
Pres. Nixon: What do they want ironed out, that -
H. Peterson: That he won't go to jail before the rest of them.
Pres. Nixon: Oh, I see, if he confesses?
H. Peterson: That's right. Thus, pending a meeting with Judge Sirica -
Pres. Nixon: Which you've got to have, I suppose?
H. Peterson: Titus knows him better than any of us.
Pres. Nixon: Sure.
H. Peterson: Probably Titus will handle that aspect of it.
Pres. Nixon: Uh, huh.
H. Peterson: But that's got to be very delicately done. He is apt to blast
us all publicly.
Pres. Nixon: Sirica? Right.
H. Peterson: We'll see and then we will take up the Senator Ervin issue.
Pres. Nixon: Doesn't seem to be the major issue, though. The main thing is
Sirica he is concerned about?
H. Peterson: Sure.
Pres. Nixon: Sure, because the Ervin thing will become moot in my opinion.
H. Peterson: Now the other concern we have on that issue is how to charge.
Pres. Nixon: How to charge?
H. Peterson: In terms of how we charge Magruder. In terms of the things we
are concerned with, we don't feel like we ought to put Haldeman
and Ehrlichman in there as unindicted co-conspirators at this
point, but we are afraid not to. If we don't and it gets out,
you know, it is going to look like a big cover-up again.
Pres. Nixon: Hmph.
H. Peterson: So we are trying to wrestle our way through that.
Pres. Nixon: Whether you indict Haldeman and Ehrlichman along with the
others, huh?
H. Peterson: Well we would name them at this point only as unindicted
coconspirators, but anybody who is named as an unindicted
coconspirator in that indictment is in all probability going to
be indicted later on.
Pres. Nixon: So you have to make a determination as to whether -
H. Peterson: Secondary issue is of course is whether we are going to have
enough corroboration to make those statements, and -
Pres. Nixon: That statement would be made, as I understand it, as you were
telling me, if -
H. Peterson: It would be in Open Court.
Pres. Nixon: It would be made in Open Court, and then you would make a
statement with the others. You would name them at that time?
H. Peterson: Well, we wouldn't do it in those terms. We would simply do it
in terms of feeding the facts to the Court.
Pres. Nixon: That would be done publicly. Would you name Mitchell then too?
H. Peterson: Well, we would have to. You see the problem in -
Pres. Nixon: That would all be done in Open Court?
H. Peterson: That's right. Once we do that, or even if we don't, Sirica's
habit in Court, and he certainly is going to do it in this
case, is to interrogate the defendant himself.
Pres. Nixon: Right.
H. Peterson: And -
Pres. Nixon: The defendant who pleads guilty?
H. Peterson: That's right. If he interrogates Magruder, that - brings out
the Ehrlichman/Haldeman facts and if we haven't mentioned them
or included them in the conspiracy charge, then we are all
going to have a black eye.
Pres. Nixon: I get your point.
H. Peterson: These are the things we are trying to work out.
Pres. Nixon: You've got quite a plate full. You probably won't get it
tomorrow then will you?
H. Peterson: I doubt it. I doubt it.
Pres. Nixon: Uh, huh. What about Dean - in his case you are still
negotiating, huh?
H. Peterson: Well, we are still tying down facts with him and we want to get
as much as we can.
Pres. Nixon: And basically with him, the point is you've got to get enough
facts to justify giving him immunity? Right?
H. Peterson: Enough to make the decision, yes sir.
Pres. Nixon: Depends on how much he tells you, is that it?
H. Peterson: Right. And more than that, how much of it we can corroborate.
Pres. Nixon: If you can't corroborate enough then he doesn't get off, is that
it?
H. Peterson: Well, if we can't corroborate it, that's right. We can't very
well immunize him and put him head to head against a witness
who is going to beat him.
Pres. Nixon: I see. Well his people are playing it pretty tough with you
then?
H. Peterson: Yes sir.
Pres. Nixon: I guess we'd do that too, I suppose.
H. Peterson: Indeed so.
Pres. Nixon: I prefer them to do that. Let me see if I get the facts? You
will hear Strachan tomorrow, perhaps.
H. Peterson: We expect he will be in. He will come in with his lawyer again.
Pres. Nixon: My second point is that - let me see about the 19th - Dean says
that -
H. Peterson: On the 19th.
Pres. Nixon: Yeah.
H. Peterson: Liddy confessed to Dean.
Pres. Nixon: Dean says that?
H. Peterson: Dean says that.
Pres. Nixon: Liddy confessed to him and that he told Ehrlichman?
H. Peterson: Right. He told Ehrlichman.
Pres. Nixon: Humph - that's new fact isn't it?
H. Peterson: It's at least - yes, sir, and that's a terribly important fact I
think because there was no disclosure made by either one of
them.
Pres. Nixon: Either Dean or Ehrlichman?
H. Peterson: Yes, sir.
Pres. Nixon: Humph. When did Dean say this?
H. Peterson: It got to me this evening. I am not quite sure when Dean said
it. Gilbert (unintelligible)
Pres. Nixon: You see the point is, Dean didn't tell me that. That is the
thing that discourages me.
H. Peterson: Well, Mr. President, you have to remember that we are debriefing
him on what has transpired over the last eighteen months.
Pres. Nixon: I see.
H. Peterson: It is very difficult, you know, to get it all in.
Pres. Nixon: I know. I am not talking about you, but I am talking about what
he didn't tell me, you see. That's a key fact that he should
have told me, isn't it?
H. Peterson: Yes.
Pres. Nixon: Uh, huh. Let's see, the 19th, and on the Haldeman thing what
did you have there again so I get that in my mind.
H. Peterson: Let me go back over my notes. The principal thine that I wanted
to point out to you on Haldeman is that Dean went to Haldeman
to get authority to go to Kalmbach.
Pres. Nixon: Oh yes, yes, yes. That was it. When Mitchell told him to go to
Haldeman.
H. Peterson: Mitchell told Dean simply to activate Kalmbach to handle the
money.
Pres. Nixon: I see.
H. Peterson: Dean then went to Haldeman to get authority to contact Kalmbach.
Thereafter, Kalmbach took care of the money. Now details on
the $350,000 which you indicated you knew about -
Pres. Nixon: I knew about the fund. I don't know how it all went -
H. Peterson: This is how it developed. It developed, as related to us, as
money over which Haldeman exercised control. That money was
delivered to LaRue to be used for payments, at least a portion
of it.
Pres. Nixon: Some of it. Right. I think Haldeman would say that's true. I
think he would. I don't know, but we'll see. You should ask.
I guess, Kalmbach.
H. Peterson: The point of it is that it went to LaRue instead of going to the
Committee directly.
Pres. Nixon: Uh, huh.
H. Peterson: LaRue apparently did not give a receipt and Haldeman had
requested it.
Pres. Nixon: Uh huh. I think LaRue was loosely a member of the Finance
Committee. I think that was the point Haldeman - I said, who
did this money go to? He said, it went to LaRue was a member
of the Committee or something like that or of Stans' committee.
I don't know what that is. Is that correct, or do you know
that?
H. Peterson: I don't know that. All I know is that he worked for John
Mitchell. I will check on that though.
Pres. Nixon: The money went to Mitchell?
H. Peterson: No, I say all I know is LaRue worked for Mitchell.
Pres. Nixon: Yeah. I think he worked on the Finance Committee, but I don't
know. You ought to check that out.
H. Peterson: I will.
Pres. Nixon: O. K. The main thing I need, of course, is something -
well, before, wait you are not going to have anything tomorrow
in Court so I don't -
H. Peterson: I don't think so.
Pres. Nixon: Tomorrow you just continue to develop the evidence.
H. Peterson: Yes, sir.
Pres. Nixon: I think, therefore, no statement would be in order at the
present time. We decided against one today. It just didn't
seem to - I thought it might - I just had to make my own
determination. I thought it would jeopardize possibly the
prosecution, you know. Who knows?
H. Peterson: Probably would raise more questions than it answered.
Pres. Nixon: That's right. We don't want to say anything until - like if
there has been a big break in the case and everybody starts -
H. Peterson: I will tell you one thing, Mr. President, that you ought to
know. I had a call from (unintelligible) Ostrow of the L. A.
Times, who is a decent man and a reasonably good acquaintance.
A reporter of character, if there are any, and he said that
they had a report out of the White House that - let me use his
words - that two or three people in the White House were going
to be thrown to the wolves. He asked if there was anything to
it, and I said there is not a damn thing I can tell you about
it. I just can't say anything about it one way or another. I
don't want to confirm it and I don't want to deny it.
Pres. Nixon: So they will probably write a story on that, huh?
H. Peterson: I don't know, but I mention it only because its
Pres. Nixon: It's beginning to get out. Yeah.
H. Peterson: Beginning to percolate.
Pres. Nixon: It must have come from the U. S. Attorney's office you think?
H. Peterson: I doubt it, because I have not told them - unless they made
their own conjecture.
Pres. Nixon: U. S. Attorney - but they were thinking in terms of the
Haldeman/Ehrlichman thing, and Dean, I suppose.
H. Peterson: I don't know what he was thinking about, and I don't -
Pres. Nixon: Where does the Colson thing come in again? I want to get that
one down too.
H. Peterson: Where does who fit?
Pres. Nixon: Colson.
H. Peterson: Colson was present when Ehrlichman issued the order for Hunt to
get out of the country.
Pres. Nixon: I get it. Fine. O.K. So you will call him too?
H. Peterson: Yes, sir.
Pres. Nixon: Right. O.K. Well if anything comes up, call me even if it is
the middle of the night. O.K.?
H. Peterson: I will indeed.
Pres. Nixon: Thank you.
H. Peterson: All right, Mr. President, thank you.