(7 of 8)
IN DISPUTE. Dean claimed that he transmitted the message to McCord after being told to do so by Mitchell, who had indicated that similar assurances of clemency had been given to Hunt, another convicted wiretapper. Mitchell flatly denied that he had given either Hunt or Dean such assurances. According to Dean, Ehrlichman, apparently after checking with Nixon, also told Colson that assurances of clemency could be given to Hunt. Ehrlichman heatedly denied this. Magruder testified that when he expressed concern about committing perjury about Liddy's assignments for the Nixon committee, Dean and Mitchell told him he could expect clemency, as well as family-support payments, if convicted. Mitchell denied making such a promise.
WEIGHT OF EVIDENCE. Whatever the precise level of authority it came from, word did get to some of the convicted burglars that they could expect to get out of prison after serving relatively short terms if they kept quiet about who had authorized the Watergate crimes.
WHAT DID NIXON KNOW? Executive clemency can only be offered by the President. If Nixon's aides were making such offers, they risked directly implicating him. Dean contended that Nixon told him on March 13 that he had discussed clemency with both Ehrlichman and Colson. Nixon has denied that, as have both Ehrlichman and Colson, and this is one point on which the presidential tapes could prove decisive.
Money for the Wiretappers
UNDISPUTED FACTS. Some $420,000, taken mainly from Nixon campaign contributions, was distributed covertly to the seven Watergate defendants, their families and lawyers. The deliverymen used telephone booths, storage lockers and other public sites as drops so that the recipients would never see them. One source of money was a $350,000 White House cash fund that had been controlled by Haldeman. Roughly half of the money was transmitted by Kalmbach, the other half by LaRue. Dean helped arrange and direct these payments.
IN DISPUTE. Dean claimed that Mitchell, Haldeman and Ehrlichman all approved the payments. Kalmbach testified that Ehrlichman specifically assured him that they were proper, that Dean had authority to direct them and that Kalmbach should continue to carry out Dean's instructions. Both Ehrlichman and Mitchell denied these allegations. Presidential Aide Richard Moore relayed a request from either Haldeman or Ehrlichman (he was not sure which) that Mitchell raise more money for the defendants. Moore said that Mitchell refused. Dean testified that the money was intended to buy the silence of the defendants. Kalmbach and Ehrlichman said it was meant for lawyers' fees or as a "humanitarian" gesture. Haldeman admitted being aware of the payments, but claimed he had not approved any, and said he had made no judgments about their propriety.
WEIGHT OF EVIDENCE. If the White House was not seeking silence and was not trying to conceal the involvement of high officials, it would have been under no obligation to help defendants who had created such a politically embarrassing mess. The surreptitious delivery was strong evidence that all those involved knew it was wrong. The contrary claims seem to be belated efforts to avoid criminal prosecution.