'I'APE HEARINGS BEFORE SIRICA - NOVEf4BER 8, 1973

SUMMARY
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A bench conference was held concerning order of
witnesses. Rosemary Woods was to be on first, followed by
Buzhardt with other s to be dtermined l ater . (Order did
in fact change ) (797- 800)
There was a rule on witnesses and Ben- Veniste stated
that the prosecution would accommodate the \vhite House by
agreeing to Woods ' testimony before concluding cross exam-
ination of Wong . (800)
ROSEMARY y/OODS
Questions by Powers (direct)
Woods has been employed by Nixon for 23 years, principally
as personal secretary and recently as executive assitant . (801)
Woods first heard that there was a White House and EOB
r ecording capability wheh Butterfield testified to it at
the Senate hearings . (801) She has no technical knowledge
of the system at all . She first saw these tapes on
September 29 , 1973. (802)
Woods was asked by Nixon to go to Camp David on Septenber
29 to try to take down (type) as much of the conversation
of the subpoenaed tapes as possibl e . She had 8 tapes at
Ca"'p David and used a Sony recorder which had no foot peddle
and oversized earphones. ( 802- 803)
Steve Bull drove up to Camp David with Woods, taking
the tapes and three recorders . She can only remember that
the President and some members of his family were there that
weeJcend. She cannot r emember if Hai g was there . ( 803)
Woods worked on the tapes until 3 : 00 am. Sunday
mor'ning and on Sunday from 6 : 00 am . to l ate afternoon .
She and the Nixons came back to D. C. Sunday ni ght . ( 803 )
Woods only finished one conver st ion because the quality
was so bad. (803) Nixon ' s feet on the desk , coffee cups ,
etc. would make noise. ( 804)
The Secret Service were outside the cabin that Woods
was working in at all times . (805)
Woods wurked in her office when possible during the
next week and then took the 8 tapes to Key Biscayne on
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October 4 to work on them. Bull accompanied Woods to Florida
and personally carried the tapes. (805)
A Sec r et Service man was present in the den of the villa
where Woods was staying and guarded the safe 24 hours a
day . Only onevat a time were ever out of the safe . (806 )
-m-f"-
Woods only made one original of her work . No copies
were made . Typewriter ribbons used at Camp David and Key
Biscayne were burned. (806) She gave her only copy
personally to Nixon. (807)
Woods finished her work on the tapes either the
23rd or 24th of October . No one else helped her with
t he work. (807)
Part of the time Woods used ear phones . She did
in any way to edit or change the tapes. She
did not accomplish a verbatim transcript because of the
quality . (808)
The 8 tapes are now in a safe in Woods ' office .
In addition there are 6 tapes brought in by Bennett . (808- 809)
Woods was working on one of the 6 tapes on Monday, NOvember
5 . . At that time Woods thought that there was a gap on
the tape, but since that time Buzhardt has found another
tape which fills in the gap . (809)
The conversation in question was on April 16, 1973 .
While l ooking for a conversation between Dean and Nixon,
she found Rodgers coming in at 4 : 55 but nothing between
1 :00 and that time . (809-812) She now has in her
possession the correct tape with the Dean conversation, but
has not had time to transcribe it. [This conversation is
not one that is subpoenaed]
Questions by Volner (cross)
Woods ' position with Nixon has changed over the years
but she has continued to be one of his closes t assistants.
( 812-813) Her office is 3 offices down from the President s' ,
with Steve Bull's office and the office of her assistants
i nbetween. (813) She does not have an office in the EOB,
but occasionally types there outside Nixon's office if there
is a speech or other necessary work to do . She has also
worked in the Lincoln Sitting Room on occasion. (814)
She would not accompany the President to the EOB on any
regular work day . Sally Inge is the at the EOB
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office. (815) She does not recall accompanying Nixon
to the EOB on June 4, and does not know if any logs exist
which might indicate that she was there. (816)
Woods has with her a copy of Nixon's log for April
16 so that she can determine the order of meetings and
therefore locate the Dean conversation . (817)
Woods indicates the size of her office safe. The
Oval Office does not have a safe . Kissinger keeps all the
national security information . Woods has the combination
to safes holding Nixon's personal things and the combination
to her own safe . Nixon does not have the combination t 0
her safe . She does not believe that the Secret Service
has the combination . (817-818)
~ l o o d s keeps no
would ask one of her
The assistant (Marge
Yates or Tom Hart or
records of Nixon ' s movements . She
assistant ' s for such information .
Aiker) would in turn contact Nell
perhaps Hoops or Nesbitt . (819)
Woods does not share an extension with Nixon (820)
Woods first heard of the taping system when Butterfield
testified and has not personally h eard of anyone listening
to them befor e that . (820) She does not k now what the
President was doing on June 4 . (821)
Woods ' first conversation about the President listening
to tapes was with Bull on September 29. Nixon h ad asked
her personally to undertake the job of transcription,
saying that Bull or Haig would take care of the mechanical
things. (822)
Bull marked the beginnings of the conversations of
the subpoenaed tapes and put the first tape on and showed
her how to run the r ecorder . ( 823 ) This was Hoods ' first
experience with reel-to- reel recorder and i t was difficult
to use without a foot peddle and correct earphones . (824)
Bull ' s explanation was minimal since the machine was
plainly marked. ( 825 )
Woods put the tape on the second time without Bull's
assistance . She had taken it off and put it in the safe
for the night . ( 825 ) Woods was instructed to be careful n ot
to erase anything . The stop, forward, reverse, and record
buttons were clearly marked and Wools felt she was adequately
cautious about pushing the wrong buttons. (826-827)
Woods worked about 16 hours, from 11:00a . m Saturaay
till 3:00 am . Sunday and then from 6:00 am. till 4 : 30 or
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4:45 on Sunday. This was about 29 hours and th e
one conversation she was working on was not finished.(828)
She is not sure which date it was but believes it was the
first one on the subpoena, a meeting between Nixon,
Ehrlichman and Haldeman from 10 : 30 to noon on June 20, 1972 .
( 829- 834)
Woods says that this conversation was finished with
about 2 - 2'1/2 hours more work in her office . (832- 833)
Bull worked on other tapes in the next room at
CAmp DAvid , marking the subpoenaed conversations with
pieces of ~ l h i t e paper . (834-835)
Woods was in the cabin alone after Bull left , but
the Secret Service remained outside. All the tapes were
in the original briefcase they were brought up in and the
3 tape recorders were there . ( 836) There were 8 tapes .
Woods counted them. (837)
Bull told Woods that he could not find one of the
c onversations and kNew Woods knew that Bull called Bennett
to bring it . (838)
Nixon instructed Woods to get the gist or the
highl ights of the conversation. He said he realized how
hard it would be. (838)
Woods and Bull did not discuss their task on the
waf, to Camp David. They were driven up by a 'vhi te House
driver and Woods read news summaries on the way . (839)
Woods and Bull counted the tapes before leaving. (839)
Woods assumed she was working from original tapes,
but she does not have the technical knowledge t 0 know . (839)
Nixon came over to listen a little bit at Camp David .
( 840)
Bull carried the tapes back to D.C . and put them
in Woods' safe which is checked every night by guards. (840)
Woods first removed the tapes on Monday morning,
October 1 . She did not keep a record of the tapes in her
safe. She assumed that was Bennett's job . The eight tapes
plus 6 from Bennett this past week are all in Woods ' safe
at this moment . (841)
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Woods was not present when Bull talked to Nixon at
Camp David . (841) Bull told Woods separately ab out
the missing tape. She doesn ' t remember discussing the
missing tape of Apri l 15 with Nixon
but does remember discussing the missing tape of the
Nixon - Mitchell telephone call. (842)
Woods did not know that Bull had gotten 1 3 tapes fr om
General Bennett . (842)
Woods t ook the same 8 tapes to Key Biscayne . (843)
They were carried by Bul l i n the same briefcase. The
8 were kept together even though she had finished working
on one. (843- 844)
Nixon suggested Key Biscayne because of more
pleasant surroundings . Woods ' directions for transcribing
we re no different. She came back from Florida on October 7.
( 844) She worked many hours on several tapes . (845)
Woods fini shed these 8 tapes on October 23 or 24 .
(844)
Woods continued to work nights and weekends in her
offi ce to finish the tapes (845)
Bull told Woods that the tape that Bennett brought
to Camp David had run out or at l east the conversation
could not be found. (846)
There were 8 separate conversations on the 8 different
tapes. (847-84 8 )
Woods did not herself l ook for any t apes . (851)
The machine Woods used at the White House was bet ter
and she knew how to use it. (852)
Bull helped only by locating conversations and cueing
up tapes. (853)
On Monday November 5, Woods typed from an Apri l 16
t ape in the Oval Office . The conversation was between
Dean and Nixon and lasted from 10:00 to 10:40 . She finished
it on Tuesday. Woods was given these instructions by
Nixon through Haig. Bennett delivered the tape .
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Bennett brought six tapes to make sure that the
right one was among them. It was possible that one may
be mismarked. Woods d i scovered a gap of time, but a nother
tape was found that fills it in. (856-857
No one told Woods of the interes t of the April 16
tape. (857)
No one has helpe d Woods with the typ ing of the tapes .
(857)
QUESTIONS BY POWERS (redi rect )
The conversation that Woods was typing this week
was not one that was subpoenaed. ( 858)
QUESTIONS BY VOLNER (recros s )
There was no gap , merely a missing tape with
conversations that followed those typed by Woods. ( 859 )
The tape that she had originally started wit h Rodge rs
entering at 4:55 . (860)
Ben- Veniste points out that Woods testimony wit h
regard to the tapes changing is inconsistent with
previous testimony.
ALFRED WONG
Questions by Ben- Veniste ( cross resumed )
WT-l is a correct designation of the room where the
recording equipment for all telephones in the Oval Office
and the aabinet Room were kept. (861) Wong does n ot know
any of the symbols used by the computer for this or other
rooms . (862)
Ben-Veniste points out that for 3 days the prosecution
ha s asked for deSignation for these rooms . White House
counsel agrees to obtain them. ( 863 )
Wong recalls seeing the cabinets(in the photographs
presented in court yesterday) a couple 0 f years ago . (863)
The recording equipment in the Oval Office and the
Cabi net Room was installed first. The telephones were
equiped about the same time as 'the room bugs . ( 864- 865 )
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Wong is surprised to hear that the notes of Zumwalt
indicate that the Oval Office bugs were installed in
February and Cabinet Room bugs we re not installed until
May. (866) Zumwalt's notes also say all telephones
were equipped on 6 . (867)
When asked about inconsistencies of testimony ab out
installations, Wong's conclusion is that he first got
the requirement in February 1971 and shortly thereafter
both audio and telephone recordings were installed. (870)
Wong says there was a rush to install the equipment .
Butterfield did not give a reason for the rush . (870)
knew of the testing of the "Bugging" equipment
but did not participate in it . (870- 871) Zumwalt reported
the results of the test to Wong . Generally the could
pick up sounds of low volume. (872)
Wong does not think it is correct that the capability
Has greater than normal surreptitious bugs because a direct
wire from the to the tape recorder cut out tran smission
pooblems . Wong that hypotheticalJ y a hard wire
installation has less interference and then answers that
there were no air transmissions in this system. There
were only hard-wire installations, in both the White House
and EOB. The same is true of the telephones. (872-873)
From time to time, technicians working for Wong
would check the capability of the recorders by listening
to fragments of the conversations. (873) He does n ot
recall that a monitor was actually left on by mistake and
a security guard reported that a noise was coming from
the cabinet where the tape recorders were kept. (874)
Wong kept no record of the recorders used. He
does not know their serial numb e r s (874) Perh aps Zumwalt
kept track of the equipment by s erial number . Normally
the type of equipment and serial number would not be
indicated when making a recording . (875)
The equipment is still available and perhaps it can
be ascertained which recorders were used during specific
periods at specific locations . . Wong thinks he can have
this information within a week . (877)
There were 3 ke ys to the room where the recorders
were located. \-long had one, Zumwalt had one and perhaps
Baker had one . . Ben-Veniste pOints out that t his is
consistent with Bakers testimony and inconsistent with
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Bennet t's testimony. (878)
Wong never changed the tapes himself . (880)
He recalls only on malfunction being reported to him.
This was Butterfiel d ' s statement that there was a
blank tape, but Wong did notthing to investigate .
Wong speculates that the tape was t w i ~ t e d manually by
mistake . ( 881)
A tape only records on one side , perhaps more than
one channel but only one side . (881- 882)
Responsibility for the tapes was given to Wong
Baker, Zumwalt , Butterfield and l ater two addit i oanl
Secret Service employees (Bretz and Schwalm) Also Ne l son
and Taylor (J ohn) may have helped change tapes . (882-883)
The charts in the court the day before were prepared
by Secret Service employee s and Wong has l ooked at them
briefly. (884)
I
Without knowing which telephone >I:l€l\used, I'long would
not know if a conversation from a telephone on the
second floor residence portion of the White House was
recorded . (885)
Wong is aware that a normal procedure for law enforcement
peopl e l imiting the possibility of erasures etc . is to use
a copy of the tape to work from. (885)
Wong is shown a 7 inch reel tape (blank) and asked
about the markings on it. There is no indication that
it is a l ong playing tape . (886) The tape is marked
exhibit 44 , but when Wong produces a 5 in ch tape like
the ones used in the recording system, it is substituted
for Exhibit 44. (887)
Wong says it is conceivable that stretbhing of the
tape could happen from playing it back and forth . He
does not know for a fact that this distorts the words on
the tape. He also will not say that ~ ~ i s easy for the
tape to break. He does not know about splicing, nor does
he know about straightening out a tangled tape and the
quality of that tape when played. (888-889)
QUESTIONS BY POWERS (redirct)
Wong is not certain what type of microphones were
used for audio pick- up in the system installed in the
White House or the EOB. The total system costs between
$2500 and $3000 . (890)
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Afternoon session of tapes hearing before Sirica
(Ben-Veniste made a statement concerning the substantial
testimonial inconsistencies which remain about when the
recording equipment became operationa l, the quality of recording
ability, access to and the chain custody of the tapes, and
the deduction made from Woods' testimony that on April 16 the
tape must have been switched in mid-day.) (901-903)
H. R. Haldeman
Direct examination (by Ben-Veniste)
Haldeman was Assistant to the P=esident from January 30,
1969 through April 30, 1973. (905 )
The President initially discussed with Haldeman the matter
of installing recording equipment so as to have an accurate
and complete record of the conversations. This
was for historical purposes and reference, as the President
met with people without having members present. Haldeman
does not recall whether the to install recorders was
the result of one or several conv:=sa tions with Nixon, but since
the system was not all set up at there had to have been
severa l conversations. (905-907)
Haldeman r ecalls that the Oval Office, Oval Office
phone and Cabinet Room \.;ere set l:;' together and the EOB office
added some months late r. It does surprise him, however,
that the Secret Serv ice records that no phone was
bugged until 2 months after the 0-::1 Office had been bugged
and that the Cabinet Room was a month after the phones.
(907-909)
Haldeman does not knO\v .,hen tr: =: f irst insta llation was made ,
but generally recalls that the to set it up
occurred very shortly after his conver sation with the
President. Haldeman is unsure he gave the instructions
directly to Butterfield, by memo through Higby . He generall y
recalls talking to Butterfield , prior to the installat ion,
and. describing what sort of reco=-=-:'ng capability was des ired.
(909-911)
Haldeman does not recall how the Secret Service
entered i nto the operation, but he knew that the Secret
Service had responsibility for and fami lia rity with
such devices, the obvious first would have been to pursue
the matter with them. Haldeman some point told, probably
by Butterfield, that the Secret had installed the equipme nt.
Butterfield described in general capability of the equipme nt
and said that it was functional. knew there was a
recorder and smal l microphones did not know the kind or
models. (911-913)
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There was at least an implicit understa ding between Haldeman J
and Butterfield that Butterfield would lia son with the Secret
Service and thus have responsibility for = intenance and efficiency.
It was also understood that Butterfield occassionally
make a listening spot-check, but Haldeman =oes not think the
question of the Secret Service making spo::'-checks came up.
There was an understanding that only the P=es ident and Haldeman,
possibly at the President's direction, wocld have access to the
tapes. (913-914)
Prior to April 25 (a date Haldeman acce?ts although he
recalls it only as late April), Haldeman no direct or indirect
knowledge of any removal of tapes, other possibly Butterfield's
spot-checks. (915-916)
Haldeman is unsure of the size of the tane reels which he
saw on April 25: he indicates they were in size to
Exhibit 44 (a 5" reel) although that seems too small, and
Exhibit 45 (a 7" reel) seems considerably :arger than what he
recalls. Haldeman was unsure of the size his Senate
testimony and had indicated about 7 with his hand as an
estimate, to which Montoya had saidJ and Ha:cieman had
that 7 1/2 inches was the standard reel. ( ?17 -920)
At the EOB office or possibly the Oval ) =fice , on either the
same day as Haldeman received the tapes (;'·.:;::=il 25) or the day
before, the President asked Haldeman to to the March 21
Dean meeting. Haldeman is virtually no one else was
present when the President told him this. 3aldeman only has
a general recollection: that the Presiden::' a review of
the specific points discussed in the 21 meeting , but since
Haldeman recalls that he was given more one tape, he has
the feeling that there may have been a by the President
to listen to other March tapes . (920-925)
Other than Secret Service personnel , Ha :deman thinks only
Higby, Butterfield and Bull were aware April 25) of tte
tape system. He has heard Bull testify t:'at Bul l's secretary
was also alVare of it, but Haldeman did no;: :"now this. (923)
Haldeman probably asked Bull , but asked Higby, in
effect to get him the tape for the March 21 meeting
Dean. He generally recalls Bull bri:::;;ing him tapes and \'.
recorder in a standard government or possibly two
briefcases. Haldeman recalls Bull briefcase and
taking out one tape to explain how the boxes were identi f i ed ,
since Bull indicated that not only the Ova : Office tape
for March 21 was being provided but also t..::.e EOB and phone tape s
for that date. Haldeman does not recall he specifically
told Bull that he (as opposed to the was going to
listen to the material. (926-930)
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Haldeman is unsure how many reels he received other than "a
number of them," since neither he nor Bull counted them and
Haldeman did not go through them. Haldeman does not recall
any surprise at the number of tapes he received and he knows
from other testimony that there were more tapes than those
which would be required for a single date: this now leads him
to believe that he must have asked for more tapes than simply
Harch 21. (930-933)
Haldeman does not know if he specified the Oval Office in
his request for the March 21 Dean meeting. He knew at the
time of his request that the meeting had occurred in the Oval
Office and he thinks he also knew that there were different
tapes. (933)
Haldeman listened to the March 21 tape in a small office
next to his White House office, and had difficulty hearing it
because he listened through the built-in speaker with the volume
low. He made notes as he listened to the tape, and then went
to the President's EOB office to review his notes. Haldeman did
not take the tape with him to the President, but does not recall
whether he left the tapes in his office or returned them to Bull.
Haldeman does not know how long his meeting with Nixon lasted
or whether matters other than the March 21 meeting were discussed,
and he do"es not recall that Nixon requested him to listen to any
other tapes although such is possible. Haldeman reviewed his
summary with Nixon and further questions were raised, and at
either Haldeman's or Nixon's suggestion, it was decided that
Haldeman would li sten to the tape again. (9 33-937)
Haldeman does not recall, but thinks the t apes were returned
to Bull the same day. The Secret Service logs (indicating
removal by Bull at 1:45 p.m. and returning at 5:28 p.m:;) are
not disputed by Haldeman. (936-937)
At some point subsequent to his meeting with Nixon, Haldeman
requested Bull or possibly Higby to have the tape returned to
him along with a recorder whi ch had a head set attached.
Haldeman had by this point isolated the March 21 tape, which was
part of a single reel and identified as March 21, 00. He
recalls again receiving the same group of tapes, probably from
Bull, and is thus not clear \vhether he had asked for the one
specific tape or the same group of tapes. Haldeman does not
recall questioning in his mind why Bull had given him all the
tapes which he did not need, or looking at the material when
Bull brought it to him, or having a conversation vlith Bull.
Haldeman recalls "revie\dng the March 21 tape again but is not
sure Vlha t day he did so, and he also recalls reporting back to
the President but again is unsure when this happened. He has
a general feeling that the day he discussed the tape with Nixon
was not the same day he listened to it. (937-9 40)
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Haldeman received several (twenty-two) tapes from Bul l
when he requested to listen to M a r c h ~ conversation for a
second time. Haldeman states that he only listened to the
one conversation. However, Haldeman alternately refers to
listening to it, and listening t o them. (9 41 )
Haldeman is fairly certain that on the second occasion
that he asked Bull for the tape (of March 21 conversation) that
Haldeman listened to it and returned them on the same day ,
but he does not know the exact date . He is unclear about the
s pecifics of the return. Haldeman e i ther returned it (them)
hims e lf to Bul l, or had Hi gby return tape(s) to Bull, or asked
Bull to pick it up in his office . (942)
Haldeman does not r e call any reason that he would keep the
tapes for s everal days , and did not do so . Haldeman did not
i nstruct Bull to do anything to the tapes or allow anything to
be done other than returned to the storage area during April 26-
May 2, 1973. (943-945)
Re Exhibit 46, the l og of April 26, 1973, kept by Haldeman ' s
secretary, Haldeman was in a meet ing in the President's Oval
Office in the morning (947) from nine o'clock until t en-thirty.
Haldeman agrees that he ,.,ould not have reported to Nixon about
the second hearing of the t ape because i t was too early . Then
Haldeman met with Wilson , Strickler , and Ehrlichman from ten-thirty
until twelve-forty-five , went to his private office for a few
moments, and returned to meeting from one o'clock until two-
t wenty-five . Nothing occurred dur ing that morning that would
have spurred Ha l deman to ask Bull for the tapes again, although
Secret Service records indicate that the tapes ,.,ere checked out
at eleven o ' clock. Haldeman bel ieves he listened to the tape
from 2 : 30 to 3 : 45 that day, because the log shows him in his
private office . The privat e office was only used for listening
to tapes . (945-949)
rce/s
Haldeman never had at any time any tape reeels , inc luding
Presidentia l tapes, in his safe at home. (950)
Bet,veen June 1-15, 1973, the President told galdeman that
Nixon had listened to a number of the tape recordings . Nixon
had listened to these a while before he reported this to Haldeman ,
but not long prior . This was the first time after Apr il 1973
that Haldeman had a conversation about anyone listening t o
Presidential tape recordings. (950-951)
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Re Exhibit 7, Haldeman can think of no reason why he
would not have received any of the other tapes listed as checked
out on April 25 along .lith t he one March 21, 1973 Oval Office
conversation. Also, Haldeman c a nnot confirm that he did receive
them. (963)
Re remarked Exhibit 46, Haldeman reviewed his actions on
April 25, 1973. He arrived at work a t 7:55 a.m., saw Higby for
a few minutes, at 8:40 met with Ehrlichman in his office, and
at 9:00 Strickler and Wilson joined them. (964-965)
Re Bench Conference: Wilson f eels that Ben-Veniste is
implying that Wilson and Strickler listened to tape s. Ben-Veniste
explains that he ,,,ants to show that Ehrlichman must have been
aware of the existence of presidential tapes , which has heretofore
not been disclosed. Ben-veniste bases this on Secret Service
logs showing tapes being checked out near close of the meeting
of Nixon, Haldeman, and Ehrlichman, and therefore wants to show
Haldeman the President's logs to verify times. Sirica agrees
to this, but wants him to question Haldeman directly about
Ehrlichman's knowledge. (966-971)
Re Exhibit 47, Haldeman and Ehrlichman met with the
President from 11:06 to 1:55 p.m. on April 25, 1973. Haldeman
has no recollection of anyone in that room placing a call to
Bull to reques t that certain tapes be removed from the storage
room. (971)
At some point in this time period (l ate April 1973),
Nixon mentioned fac t of the tape r ecordings in Ehrlichman's
presence. Haldeman believes that this was the first time
Ehrlichman knew of such r ecordings . Thi s could have been
prior to (April 25), on this date , or subsequent to it, but
Haldeman does believe Ehrlichman became aware of tapes before
he left the White House staff. (972)
Haldeman does not recall any conversation to which he was
a party at ,"hich Ehrlichman was present before Haldeman's
resignat ion from the White House staff in which it was indicated
that Haldeman had listened to any tape recordings made at the
White House. (97 3)
Haldeman never played any of the reel tapes for Wilson
or Strickler. He did turn over to them one cassette tape
recording of a phone conversation that Haldeman had made
himself and that had nothing to do with presidential tapes . (973)
.. .
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After April 26 Haldeman went with the President to
Mississippi on Friday, April 27, and to Camp David on Sunday ,
April 29. Haldeman has no recollection of carrying these tapes
with him on either of those trips. (974)
Prior to June 15, 1973, during Haldeman-Nixon conversation
about Nixon having listened to tapes, Haldeman does not belie ve
Nixon indicated to him when Nixon had listened to those tapes
for the first time. (975)
Haldeman has no specific recollection that during his report
to the President about Harch 21 conversation, Haldeman reported
to Nixon as to the technical quality of the tape. In the first
report he explained briefly to Nixon the difficulty Haldeman
had in getting accurate notes on it because of having to keep
the volume low, and may have described the quality and tone,
but does not specifically recall. (975)
The general quality of the tapes is fair, and is adequate
for getting a report of a conversation with bangs on the desk
occasionally interrupting. (976)
During Nixon-Haldeman conversation about Nixon's listening
to tapes, Nixon did not at that time mention to Haldeman whether
anyone else had had the opportunity or would have the opportunity
of listening to tapes. (976)
After the June Nixon-Haldeman conversation, the next time
Haldeman had a conversation with anyone about someone listening
to the tapes was around July 10 when Haldeman told Bul l that he
wanted to listen to September 15 tape. Bull told that
Buzhardt had listened to one of the tapes when Ha ldeman said
that only he and Nixon had listened to them. Haldeman of
no one else listening to any tapes . (976-977)
Haldeman does not recall the conversation that prompted
him to listen to the September 15 t ape . He could have
with Nixon, Buzhardt, or Haig, or more than one of these , and
does not knoVi if the idea was initiat ed by him OJ: by a r.other
party. Haldeman believes that it was decided during a p:-:one
conversation. (977-978)
Haldeman felt that it Vias important for someone to listen
to the September 15 tape on the basis that his and
recollection of what had been discussed a t that meeting
from what was publicly reported about this discussion. ?e does
not recall any discussion as to other possibilities of ',;:' 0 might
listen to that tape. Haldeman does not recall weighing
f actors of whether it should be one of the parties ; of 15
meeting or someone who should to the tapes who
report to Nixon. In any event, the conclusion was that ?aldeman
would listen to that tape. (980-981)
- 15 -
Haldeman asked Bull to make the September 15 meeting tape
available to him after decision to have him review it, but
cannot recall if that phone conversation was in Washington
or from California. Haldeman told Bull to make sure that Nixon
approved of Haldeman doing this. (981-983)
Haldeman believes Bull told him that Haig also was aware
o f existence of tapes at some time in July, that Bull said
that Buzhardt had listened to a tape. (982)
When Bull delivered the September 15 tape to Haldeman,
Bull indicated that he had checked with the President. Bull
delivered several tapes and equipment to Higby's residence on
the evening of July 10. Haldeman received Parts I and II of
September 15, 1972 Oval Office tapes, and Whit e House telephone
tapes from September 6, 1972 - October 3, 1972. Haldeman
listened to the tape at his home that evening, and cannot recall
if it was on Part I or II. Higby was not present when Haldeman
listened to tapes, but knew that Bull deliverec tapes to
Haldeman. Haldeman made notes as he listened to the tape.
After listening, Haldeman left material in a briefcase in his
study at home that night. (984-987)
The following morning (after listening to September 15 tape),
Haldeman 'left tapes at his home and came into town. Haldeman
does not recall r eporting to Nixon that day, J1.:1y 11. He
probably saw Bull because he received from Bull 3 or 4 other
tapes for 3 or 4 other dates, but Haldeman might have told
Higby to get these tapes from Bull. Haldeman is not sure why
he requested additional tapes, and doe s not r er:,ember what tapes
he requested, except that in the discussion the question of
other meetings arose, and Haldeman wanted to r eview this on
July 11. Haldeman does not reca ll asking Bull to recheck with
Nixon. He assumed it .,as under same affirmation . (987-989)
Sirica told Haldeman to look over tonight Se cret Service
records of tapes removed by Bull on July 11, to see if
this refreshes his recollection as to what tapes he received .
Bench conference - Scheduling for tomorrow (11/9/73)
includes Haldeman first, to continue for a short
period, Buzhardt, Higby, and Petersen . (991-99 2)
I
J
..
- 9 -
President and John Dean. They may have had a dis-
cussion at the time because Higby got the tape and
would have been curious. Higby does not reca ll that
they discussed the security precautions for t he tape
or if they discussed returning the tape or n. a chi ne to
Bull on that day. Another batch of tapes were involved
the following day and Higby doesn't recall whether Bull
was asked to come over that day or the next to get the
tape or tapes. (1041-1042)
The briefcase that was delivered to Higby's house
on July 10 was in his office either on July 11 or 12. (1042)
On July 11 there was a second delivery. Haldeman
either called Higby and Higby called Bull or Haldeman
called Bull directly and Higby learned l ater on July 11
that there had been an additional request for tapes. Higby
did not see the tapes delivered to Haldeman. He only saw
the one delivery of the briefcase to his home. Higby
knevl that on July 11 a group of tapes were requested, and
assumes they were delivered. (1042-1043)
To the best of Higby's recollection, on July 11,
Bull delivered the tapes to Haldeman in Room 128 of EOS.
Higby thinks he told Bull that Haldeman was there. Higby
did not see the delivery , did not take Haldeman home that
evening, can 't recall having any discussion with Haldeman
that afternoon, although he probably did. Haldeman didn't
come down for lunch, but came down later and they talked for
five or ten minutes. Haldeman then proceeded to take care of som(
other business. Higby's impression was that Haldeman did not
listen to the tapes in the EOB on that date, but he doesn't
know. He didn't drive him home that evening because Haldeman
was scheduled for dinner that evening with the Ehrlichmans.
(1044-1045)
On the morning of July 12 when Higby and Haldeman
went to breakfast, Higby asked if Haldeman had been up l ate
listening to tapes and Haldeman indicated he \,lasn' t, that
he felt he shouldn't apparently because he wasn't a party
in the meetings involved. Higby doesn 't recall that Haldeman
had a briefcase. A briefcase could have been in Higby's
office. Bull picked up a briefcase from Higby's EOB office ,
but Higby is not sure if it was the morning of July 11 or 12.
(10 46)
J
,
- 10 -
Other than those tillles in April and July, Higby
has never requested tapes for himself, Haldeman or
anyone else, has never listened to any White House tapes,
and has never delivered any Presidential tapes in or out-
side the White House. He is not aware of anybody removing
White House tapes from the White House except what he read
in the press and the occasion of Haldeman listening at home.
(1046-1047)
Direct examination of Susan Davis Yowell by Parker.
Yowell lives in Annandale, Virginia and is employed
by the National Archives and Records Service. Her super-
visor is John R. Nesbitt. She is a research assistant
assigned with editing and .maintaining control over pro-
cedures for compiling the President's daily diary. She
recognizes Exhibits 48 , 49, 50 and 51 as ribbon copies
of the daily diary for April 17, 18, 19, and 20, 1973,
which is compiled in her office. Exhibits 48-51 were
offered in evidence.
Voir Dire examination by Ben-Veniste
Mrs. Yowell said that the appendices attached to
some of the exhibits are not source ma terial for those
days. It is the compilation of material and includes
all of the entri8s from the source material for that day.
There is source material from which she prepared the ex-
hibits. (1048-1050)
Direct examination of J. Fred Buzhardt by Powers
Buzhardt has been an attorney and member of the Bar
of South Carolina since 1952. He has been employed at the
White HOuse as Special Counsel to the President for six
months. Since August 1970 he has been and still is
general counsel of the Department of Defense. Prior to
that he was employed in an .administrative capacity in the
- 11 -
in the Defense Department for 19 months. He graduati:-d
from the u.s. Military Academy and served in the Air
Force. While in the Air Force he serve d as a comrnun:.-
cations officer and electronic and radar repair
for four years. (1051- 1053)
This morning (November 9) Buzhardt checked a
copy of the Exhibit 5 tape and the one labeled "EOB
office on 4-16-73" for the seouence of conversations
against the President's daily "logs for April 16 and :7,
1973. The tape dated 4-16-73 had tlvO additional da':.:2 on
the label, one of which There was also
three digit number, apparently ii meter reading, by t:.: second
date. There was also a third date with a four digi':.
in parenthesis. Then there "as "removed" and a frac-:ion
which Buzhardt believe s was three-fourths. (1055)
Powers gave Buzhardt a transparency of the Pr:si-
dent's daily diary for April 16, 1973, Plaintiff's
21, and asked him to explain the sequence of the t ap:3 .
The second page the President's acti\rities for ::he day
from 11:48 a.m. through 3:25 p .m. The President em:.:red
the EOB office on April 16 for the first time at
p.m. and left at 6:01 p.m. with Secretary Rogers for
Executive Avenue . The Presicent met with Dean from . :07
to 4:35. At 4:42 he called Culie. (1055-1058) The
Exhibit 5 tape did not comrne:-.ce with "Good afternoon, Mr.
President" by Secretary Roge:::-s. On Page two (of
21) a conversat ion between Nixon, Haldema:-. 3.nd
Ehrlichman, Nixon and Petersen began a conversation
1:39. Following that was a conversation with Ziegl",.::-.
Buzhardt ran through the tape and identified those ,:ices
rapidly. There follolVed a s e quence of conversations.
paralleling those on page t wo of the President 's
with William Rogers and subs equently Ziegler. (105 G-I059)
There was no indication as Buzhardt checked ':.:.at
tape that the record recorder) switched at ,:00
or 5:00 p.m. to another recc:::-der. The conversation :lolVed
through the entire sequence. The conversation lVith
Ehrlichman participated in l=.ter by Ziegler could b: ;"leard .
After Nixon's conversation Julie, Rogers' voice and
then Ziegler's were easily (1059-10 6:
At 6:01 Nixon and Rogers Ie:':. and went to the Navy
and boarded the Yacht Sequoi a . (1060)
· .
- 12 -
Buzhardt checked the box containing the 4-16-73
EOB office tape. At the beginning is the banging of
drawers, the President's voice, and drinking of coffee.
Following that there are the voices of Nixon and Bull
and then Nixon and Rogers. Then Haldeman and Ehrlichman
joined the conversation. (1061)
The daily diary for April 16, 1973 shows that
Nixon entered the E03 office at 5:09p.m. He met with
Bull from 5:15 to 5:16 and with 5:20 and they
were joined by Haldeman and Ehrlichman at 5:15 (conflict-
ing). Rogers left at 6:19 and Haldeman and Ehrlichman
remained with Nixon until 7:14. (1061)
Exhibit 5 contains a conversation between Nixon
and Dean which follows in the sequence of conversations
indicated on the log for April 16 in the EOB office.
There is no evidence that the recorder was switched
off at 4:00 or 5:00 p .m. to another tape. The tape
marked Exhibit 5 follows precisely the log of Nixon's
conversations in the EOB on April 16. (1062)
The other tape, marked 4-16-73 begins with the
5:15 meeting between Nixon and Bull and follows the
sequence precisely to the telephone call with Ziegler.
The last telephone call is not identified clearly as
to who it is.
Buzhardt is familiar with the timer used at the
time the system was in operation in the EOB, but does
not know vlhen it was set to Sv,i tch from one recorder
to another. The tapes Buzhardt checked indicated it
alternated between Monday and Tuesday . He previously
examined the conversat ions on the Exhibi t 6 tape vlhich
contained a sequence of conversations identical to those
shown on the daily log for Saturday, Apr il 14, through
the first conversation in Apr il 15 between Nixon and
Kleindiens t in the EOB office. (The tape runs out during
the (1063)
Around June 25, 1973 Buzhardt first learned of
the existence of a tape recording system in the White
House for telephone conversations. Shortly thereafter
from a discussion he had with Higby he had an indication
that there were other tape recordings. (1064)
- 13 -
Aronnd June 25 Buzhardt listened to one other
tape of a telephone conversation. He listened to it on
earphones in his office in the presence of Sims and
Zumwal t who had taken it there on a tape recorder "li th a
suitcase. He then closed the bix, and Sims and Zumwalt
took it and left. He only listened to one conversation
that took place on the evening of March 20, 1973 be-
tween Nixon and Dean. He has looked at the daily log
and it is so logged. He listened to that particular
conversation because Nixon requested that he do so.
(1064-1066)
Besidesthe March 20 Nixon-Dean conversation
Buzhardt checked the sequence of conversations on the
tapes which are Exhibits 5 and 6, and the one marked
EOB office on 4-16-73. He listened to no other tapes.
Cross examination by Ben-Veniste
In addition to Exhibits 5 and 6, the tape marked
EOB office on 4-16-73, and the March 20 Nixon-Dean
conversation on October 31, the day the evidentiary hearing
began Buzhardt listened to a brief sequence of phone calls
and checked it with the telephone log. He discussed it
with Ben-Veniste afterwards. Buzhardt received that tape
from John Bennett. Buzhardt told Haig he needed to check
the sequence on three reels of tape and subsequently
ei ther Bennett told him he ,,,ould secure them, had
secured them or Buzhardt went with Bennett to secure
them from a locked room. Bennett took them back to his
own office with a recorder. Bull was present to help
with the recorder and located the point on the tapes where
the conversation began. Buzhardt then listened to the
sequence. (1067-1070)
(Recess )
----------
- 14 -
Questions by Ben-Veniste (cross - resumed)
Buzhardt did not listen to entire reel of phone
conversations which covered period of June 20th while
looking for the june 20th Nixon/Mitchell conversation.
Buzha rdt did not liste n to June 20th tape a ll the way
through. In General Bennett's office, Bull located a
point on the tape which Bull thought was one of the
voices of people on the telephone log . Buzhardt moved tape
backwards and forwards so that Buzhardt heard a s equence
of conversations and a series of voices. The log showed
a series of calls and other durations and showed the c al l
to Mitchell. Buzhardt started lis t ening to a series of
calls which matched the sequence and approximate times of
durations of calls noted in the telephone log. Buzha rdt
believes the call in that sequence ~ I h i c h proceeded the
call on the log to Mitchell was a c al l to Buchanan. On
the tape, the call that followed the Buchanan call was
a call placed by Nixon to Haldeman which is the next
call (after the Mitchell call) in the log . Buzhardt
listened to just the beginning of the Nixon/Haldeman
conversation. (1071-1075)
Buzhardt did not use the t e l ephone log which is
Exhibit 13 but was using the original telephone log
written by hand by the operator. (1 075) Buzhardt
believes he t a lked to Woods t wice before she came to court.
Woods described to Buzhardt \.,hat she heard on the hlo
tapes. (1075)
Buzhardt did not hear Woods ' testiony and has not
read the transcript. (1075-1076)
Buzhardt would not c haracterize Woods-as correct
or incorrect when she said she listened to a tape of a
conversation of Apri l 16th on \"hich the first thing she
heard was a conversation between Nixon and Rogers . On
the very beginning of the tape that came from a box
that says EOB office 4/16/73 , there is a brief conversa-
tion between Bul l and Nixon which proceeds the conver-
sations between Nixon and Rogers, But , Rogers and Nixon
talk very near the beginning of the tape and you would
almost have to lead the tape through by hand to hear the
first part. (1075-1077)
1
- 15 -
Buzhardt docs not know that the conversation with
Rogers that Noods said occurred on the 16th of April
occurred on the 17th.. Buzhardt would conclude that the
tape that came f r o ~ the box marked 4/16/73 certainly was
the tape of conversations in EOB on April 17. Buzhardt
knows the Rogers call begins and follows on a sequence
of voices Buzhardt heard and recognized, which precisely
parallels the sequ8nce of conversations shown in Nixon's
telephone log as having occurred on April 17th while
Nixon was in EOB. .(1077)
With respect to Exhibit 5, Buzhardt -did not listen
to the very first of the tape. Buzhardt did not mean to
suggest the conversation which he believes to be between
Nixon, Haldeman, and Ehrlichman was the first on this
tape . Buzhardt meant this conversation was the one on the
tape immediately preceding the point where Nixon's and
Petersen's voices are heard. (1077-1078)
On .approximately June 25, 1973, Buzhardt deduced
the White House had some telephone taping capacity and
at least some calls at the White House were recorded
when Buzhardt was asked by General Haig to listen to a
taped telephone conversation. (1078-1079)
Before Higby went before the Senate Select Committee,
Higby was in Buzhardt's office to ask Buzhardt what
areas if any were not covered by Nixon's release from
executive privilege. Higby indicated Higby had a know-
ledge of the recording system in the White House which was
very closely held. Higby asked whether Nixon would claim
executive privilege on disclosing knowledge of the tape
system or not. Buzhardt said Higby would have to come
back and Buzhardt would find out. Higby came back before
Buzhardt instructed Higby that that would not be covered
by executive privilege and that if Higby were asked the
specific question, to answer it. (1079-1080)
Buzhardt never consulted anyone on the issue of
executive privilege with respect to the tape system. (1080)
Buzhardt thought Higby assumed Buzhardt knew about the tape
system. (1079)
- 16 -
Buzhardt does not have a very specific recol-
lection of his conversation with Haig of June 25, 1973.
Buzhardt had previously had a conversation with Nixon
to which the conversation with Haig was in reference.
Haig told Buzhardt that Nixon wanted Buzhardt to liste n
to a tape recording which would answer a specific ques-
tion which Buzhardt had asked Nixon and then Buzhardt was to
report the answer to Buzhardt's question. Haig said some-
body from the Secret Service would bring Buzhard t the
tape. Buzhardt does not recall whether Haig was aware
of the precise phone conversation on the tape or not.
(1080-1081)
Buzhardt's question to Nixon which was to be
answered by Buzhardt's listening to the tape was about
the conversation between Nixon and Dean of Narch 20th.
Buzhardt knew Nixon had that conversation from Nixon's
logs which Buzhardt viewed in the process of preparing
information on Nixon's meeting and calls with Dean and
others for the office of Special Prosecutor and Senate
Select Commi ttee. (1081-1082) After hearing the tape,
Buzhardt called Haig back, called Nixon , and reported to
Haig again. (1081)
Buzhardt probably had several conversations about
supplying a tape recording of the Nixon/Dean conversation
of April 15th. Buzhardt may have talked to Cox about it,
may have t alked to Petersen, and surely talked to Nixon.
)1083)
Exhibit 52 is marked for identification and received
in evidence. (!l..083-l084)
Buzhardt identifies Exhibit 52 as being a copy 0f
a leteer Cox sent to BU2hardt on or about June 11, 1 97 3
reques ting access to the tape of the Nixon/Dean conversa-
tion of April 15th. Subzequent to receiving tha t letter ,
Buzhardt believes that he consulted with Ni xon on this
letter and consulted Cox and Petersen . (1084-1 085 )
Exhibit 53 is marked for identification and received
in evidence. (1085-1086)
1
- 17 -
Buzhnrdt identifies Exhibit 53 as being a copy
of a letter from Buzhardt to Cox dated June 16th written
in response to Cox' l etter of June 11th. In this letter,
Buzhardt said conversations Nixon may have had with
Kleindienst or Petersen fell both within executive and
attorney-client privilege . However , Nixon waived privi-
lege with respe ct to conversations about Watergate with
Petersen, permits Cox to have copy of April 15th memo
from Petersen to Nixon, and does not object to Kleindienst
giving his account of April 15th meeting or other Water-
gate-related matters. Buzhardt said it would not be
appropriate to produce the tape of Nixon/Dean conversation
of April 15th. (10 86-1087 )
Buzhardt is asked whether when Buzhardt spoke to
Nixon about Cox' request, Nixon indicated to Buzhardt
in words or substance that there was no tape of the
April 15th Dean/Nixon conversation. At this point,
Powers asked to approach the bench. Subsequent bench
proceedings are ordered sealed by the court. The court's
ruling is deferred on the question to Buzhardt. (1088-1089)
Buzhardt's letter to Cox of June 16th indicates
the state of Buzhardt's knowledge of that time, so Buzhardt
does not know how to answer the question as to whether he
had personal knowledge, as of June 16th, of the recording
made by Nixon of the Nixon/Dean conversation of April 15th.
Buzhardt has never seen such a recording. (1089-1090)
Buzhardt is asked if Buzhardt ever asked to see such
a recording. Powers interrupts with unclear allusion as
to some thing which must have transp ired at sealed bench
conference. Judge says this will h ave to be decided
Monday. Court is adjourned. (10 90 )
f fA d ( ('nf/f ,
TAPES HEARINGS BEFOF.E SIRICA
NOVEl-lEER 9, 1973
f/? J6y
yewell
BlAz-/r aId!
1../
/' I
SUI-mARY
Morning Session
Haldeman Questioned by Ben-Veniste
TAPES REMOVED ON JULY 11
F' /0
: r. ;a
Re Exhibit 7, the exhibit does not refresh Haldeman's
memory as to the specific tapes Haldeman requested and were
received from Bull. Haldeman cannot say if any of the tapes
on this list were or were not r equested. (996-997)
MOVE FROM R STREET
Haldeman family moved from R. Street on June 15.
Furniture was moved at end of September. The house was
rente d during period from June 15 to September, but the
renters were in Europe on the evening of the 10th. Haldeman
had access to house on 10th. (997-998)
EVENING OF 10TH OF JULY
On evening o f 10th afte r Haldeman finished reviewing
the three tapes or one of the three tapes, included
the September 15 meeting, Haldeman put the tapes in a closet
in Haldeman's study. (997)
HALDEMAN MEETS WITH BULL ON JULY 11
On 11th Haldeman saw null at the EOB after finishing
the evening before reviewing the tape of 15 to
Haldeman's satisfaction. Haldeman did not bring the three
tapes to Bull on the 11th because the tapes in the
same c ase as the machine and Haldeman l eft the machine
home in anticipation of taking other tapes to listen to
the following evening. Haldeman's intention to return
all the tapes at the same time to Bull. Haldeman is not
able to remember if he had a conversation with Bull on
the 11th. Ha ldeman assumes he did have a conversation
in that he got additional tapes . Haldeman is unsure whe'ther
"
- 2 -
the udditional tapes were requested that day or if they had
been requested earlier. It is conceivable that Haldeman
requested the additional tapes during the first request
of tapes Haldeman made of Bull. If that is conceivable
Haldeman is unable to explain why the second batch would
not have been delivered along with the first three tapes.
Re Exhibit 7 (indicating at 2:45 p.m. on July II,
Bull received six tapes), Haldeman has no recollection if
this was when Haldeman received the tapes. Haldeman has
no reason to dispute this time. Haldeman received the
tapes in EOB in guest office and took ~ a p e s home that
evening. (998-999)
HALDEMAN TAKES TAPES HOME ON JULY 11
Haldeman did not listen to tapes at home on evening
of July 11. No one else was in home that evening, but it
was possible that Higby was there. Higby may have dropped
Haldeman off and m ~ y have come in. Haldeman cannot con-
firm \vhether Higby gave Haldeman a ride home. Higby
had given Haldeman a ride home other evenings. Haldeman
does not recall a conversation with anyone else on evening
of 11th except possibly a call to Haldeman's wife. Haldeman
carried the tapes home in a large envelope. Haldeman di d
not put any of the tapes which Bull gave Haldeman that
morning on the machine .
NOT LISTENI NG TO TAPES ON 11TH
The reason Haldeman did not listen to the t ape s on
the 11th i s that they covered meetings that Haldeman had
not attended. No one gave Hal deman instructions not to
listen to such tapes. The decision not to listen waS
made by Haldeman in the evening when Haldeman returned
home. The White House log shows Haldeman's presence at
March 13 meeting . Haldeman doesn't know that Haldeman
knew on the 11th that Haldeman had been a t the March 13
meeting. The meeting with Dean was a several hour meeting
which Haldeman was present for only 10 minutes. Re Hhite
Hous e logs , Haldeman was present during the March 21 and
March 22 meet ings. Haldeman did not have any recollection
of the dates or the meetings that he had. Haldeman's
recollection was that they (March 21 and 22) were meetings
that Haldeman had not attended. Haldeman does not remember
which dates of tapes Haldeman selected or why. (1001-1005)
- 3 -
On the evening of the 11th, Haldeman does not
know if H::l ldeman did anything with the tapes. Either
that evening or next morning, Haldeman removed the
tapes which were in the envelope to the briefcase in
which the other original tapes were and in which the
machine was and put them all into one container and
brought it back to EOB on the following morning. (1005)
HALDEMAN RETURNS TAPES AFTER 11th
Haldeman has no specific recollection of the delivery
of the tapes. Haldeman brought tapes to White House and
either delivered them to Bull or may have left them with
Higby to deliver to Bull. Haldeman is uncertain if they
were returned on July 12. Haldeman does not know if Bull
returned the tapes to Secret Service on July 12. (1005-1006)
HALDEMAN REPORT ON TAPES
Haldeman made notes on September 15 tape. Haldeman
later, probably by tel ephone, gave a general characteriza-
tion without going into detail of the contents of that
meeting to either Nixon, a staf f member, or both. If it
was a staff member, it vlould have been Haig or Buzhardt.
The reason Haldeman listened to the tape was to get a
general summary of the meeting. Haldeman later turned his
notes over to Nixon. (1006)
HALDEI1AN LISTENI NG TO OTHER TAPES
After July, Haldeman did not listen to any other
tapes. (1006-1007)
POSSIBLE DISCUSSION WITH NI XON
Haldeman believes that Haldeman probably did have
a discussion with Nixon about the notes on t he Sept ember 15
meeting. Haldeman cannot give a specific time or place
but Haldeman thinks Haldeman confirmed his notes to Nixon
in a telephone conversation. Haldeman had kept the note s
until the latter part of July. Haldeman had not had an
opportunity to turn the notes over to Nixon and Nixon had
not asked for the note s when Haldeman was in D. C. during mid-
July, so Haldeman turned the notes over to Nixon when Haldeman
returned in latter part of July. (1007-1008)
- 4
CONVERSATION NI'l'H BULL
Haldeman does not remember having any conversation
with Bull about substance of the tapes which Haldeman
had listened to. As of July 12 Haldeman knew that
Haldeman would be testifying before the Senate Select.
Haldeman recalls no conversation with Bull in which Bull
said that Nixon wishes Haldeman to rely solely on Haldeman's
notes and not to rely on anything Haldeman might hear in
any conversation on tape in Haldeman's Senate Select
testimony. These instructions were given to Haldeman
pursuant to a request Haldeman made through counsel for
guidance as how to deal with this question in connection
with Haldeman's Senate Select appearance. Haldeman cannot
affirmatively say that there was no such conversation
with Bull. (1008-1009)
OTHERS LISTENING TO TAPES
Haldeman has no direct knowledge of anyone listening
to tapes other than Nixon, Noods, Buzhardt, Bull and Haldeman.
Haldeman has no knowledge of anyone working technically
on the tapes.
Haldeman was not advised, except possibl y by news-
paper, prior to hearing, that anyone ~ l a s attempting to
transcribe the tapes. (1009-1011)
Higby Questioned by Volner
HIGBY BACKGROUND
Higby presently employed at White House as assistant
to Malek at OMB . Had worked in White House since 1969 as
aide, administrative assistant, and d e puty for Haldeman
and a short time for Haig. (1012-1013)
HIGBY ANARENESS OF TAPE RECORDINGS
Higby is unsure of ever being aware of tape record--
ing in EOB, but was aware of recording in Oval Office and
Cabinet Room. Higby unsure of being aware of recording
capability of Oval Office phone. Higby was never aware
- 5 -
or recording in Lincoln sitting room and the residence
portions until it was announced in the press. Higby
was aware at l east that the parties speaking in the
Oval Office on the phone would be recorded but Higby
is not sure if he was aware of the two-way capability.
(1013-1015)
In summer 1970, Haldeman instructed Higby to set
up the recording capacity and Higby in turn relayed that
instruction to Butterfield. A few weeks or a month later,
Butterfield indicated to Higby that the c apacity in fact
existed.
Higby may have a document in Higby's files that
might g1ve a better date than summer of 1970, but Higby
hasn't searched his files. (1015)
REQUEST TO LISTEN TO TAPES
Higby has never made a request for any tapes for
Higby to listen. to. Around the first part of Apr il, 1973,
Higby made a r eques t to Bull that Haldeman wanted to listen
to a t ape or tapes of conversations. Higby does not recall
what tape or tapes that was . This was at Haldeman's request
to Higby. Bull, not Hi gby, obtained the tapes. Higby cannot
remember if Bull delivered the tapes to Higby or to Haldeman
directly . Higby cannot actually rp.call if Bull actually
eelivered t apes. Higby recalls a recording mechanism wi th
the tape already on it, but doesn't recall actually seein g
the tapes. Hi gby is unsure if it was one or more then one
tape. (1015-1017)
Higby recalls the request being made orally to Bull
after Higby received a lis t from Haldeman . But Higby is
unsure if Haldeman wrote out a list or not. Higby i s unsure
if it involved a list since Higby cannot remember if it was
more than one tape . On the April occasion, Hi gby recalls
it being one tape, not a series. Haldeman either verbally
or in writing, gave Higby a list and then Higby wrote it
down and either verbally or in writing conveyed it to Bull.
(1017)
RECEIVING TAPES
Higby cannot recal l actually seeing a tape. The
events that took place on that day, whichever day it was,
- 6 -
lead Higby to believe that Haldeman did receive the
tapes. Haldeman went into a room where the tape recorder
was set up in Haldeman's office , for the purpose of listen-
ing to the tapes and Haldeman spent considerable time in
there, at least a couple of hours. The room was in
Haldeman's office complex in west wing of White House.
The office Higby occupied up until March . or April was
right between Ha ldeman 's office and the small office in
which the tapes were listened to. :(1017-1018)
CONTENTS OF TAPES
Higby did not hear any of the tapes. Higby asked
Haldeman about the contents and Haldeman replied that there
was no problem for Nixon. Haldeman may have commented
that the tapes were hard to hear since after Haldeman started
listening, Haldeman requested earphones so he could adjust
the volume. (1019)
Higby believes Haldeman only listened to the tapes
one day.
Higby gave Haldeman the earphones on the same day
Haldeman started listening to the tapes. (1019)
NUMBER OF TAPES
Re Exhibit 7, April 25 at 1:45 p.m. is not the time
Higby requested the tapes for Haldeman. Higby recalls, and
it is only a recollection that it w ~ earlier in April.
Afternoon Session
continued examination 0" Higby by Volner
Higby does not recall from whom he got the ear-
phones for Haldeman when Haldeman played the April tapes
but believes he obtained them from Bull . There may have
bee n difficulty in obtaining the earphones , but Higby doesn't
recall any. Nor does he recall if he went to see Bul l or
called him to obtain the earphones . Haldeman requested
the earphones because it was difficult to hear the tapes.
(1031) So Higby tried to get the earphones , but he's
not sure if he got them immediately or vlhether he or
Bull got them. He doesn't recall if he personally de-
livered them to Haldeman.
- 7 -
During the time of the Apri l listening period
Higby doesn't recall any other discussions with Haldeman
about the tapes other than comment that the President
wouldn't have any problem with what Haldeman had heard
and that there was some problem with the quality of the
tape in terms of being able to hear. That the President
wouldn't have any problem with the tape meant that there
was nothing on the tapes that would cause him any probl ems ,
that would be in any way incriminating to the President
in connection with the Watergate affair, although Haldeman
didn't specifically say that. (1032-1033)
At this time period Higby saw Haldeman almost on an
hourly basis, but cannot recall any other conversations
with Haldeman. Higby is not sure how many tapes Haldeman
listened to or how many tapes were delivered to him. At
that point in time they did not discuss the fact that he
would only listen to one tape of a meeting that he attended
but at another time they did. (1033)
Higby recalls that there was only one listening
period in April, and that it occurred during the first or
middle part of April, perhaps the second week . Looking at
Exhibit 7, which indicated it was April 25 did not re-
fresh his recollection. Hi gby got the tapes for Haldeman
before Haldeman resigned. Higby knows Haldeman discussed
resignation not only with the President and there was
discussion of resignation in the press during the March-
April period, but these facts and Exhibit 7 don't refresh
his recollection about whether he got the tapes before or
after the resignation discussions. Higby (looking at
Exhibit 7) asks if it is a listing of tapes with dates
they were checked out and r eturned and Volner says it i s .
Higby thinks that, since Haldeman resigned on April 30 ,
he listened to the tapes earlier in the month than April 25 ,
as Exhibit 7 ipdicates. (10 34-1036 )
Higby does not recall r eturning the tapes to Bull
afte r Haldeman finished or Haldeman returning them. He has
a ve ry vague recollection that on the same day Haldeman
took the tapes to his office, called Bull and Bull picked
them up. j1036)
- 8 -
Higby does not recall which tapes he got for
Haldeman the first time or if he got them again. He
doesn't recall after the one-day listening period going
through a similar process again before Haldeman resigned.
He does not remember two times. (1036)
Higby remembers that after Haldeman resigned,
between July 10 and 12, Haldeman listened to tapes.
Haldeman asked him to obtain one tape, the September 15
tapes, and said he wanted to listen to it. Higby called
Bull and gave him the request and Bull brought a medium
gray plastic or fiberglass 6 or 7 inch thick briefcase
to Higby's house that night. Higby assumed it contained
a play-back machine and the tape. When Haldeman asked
for the tape Higby had written on a phone sheet "Septem-
ber 15th tape" and some other instructions about shipping
Haldeman's personal items to his house in California.
Higby still has a copy of that document. (1037-1039)
That evening Higby picked up Haldeman at the
STatler Hilton where he was staying. Haldeman decide d
to stay in his Georgetown house that evening so Higby
took his luggage the re. H,Udelnar. changed his clothes
there and they then drove to Higby's house. On the way
Higby said Bull would be delivering the t apes to Higby's
house and Haldeman said good. Around 7:36 or 7: 45 Bul l
arri ved. Hig"by went to the kitchen for 4 or 5 minu"tes
to give them an opportunity to talk and doesn 't remember
discussing the tapes when he returned. The
was in the corner of the living room. Later that evening
Haldeman said he had to get home since he wanted to listen
to the t apes . There was a hailstorm that evening . Higby
drove Haldeman back to the Georgetm'/n house and believes
Haldeman had the briefcase. (1039-1041 )
The next morning Higby picked up Haldeman and they
had breakfast. Haldeman may have had the briefc ase , but
Higby is not sure. Haldeman comme nted that he had been
up very l ate and had listened to the tape. (1043-10 44 )
He may have commented that the President wouldn 't
have any problems with the contents of the tape he listened
to, but Higby does not recall that he said which tape he
listened to. Higby's only basis for knowing which tape
it was was the note "September 15th tape." It was Higby's
impression that it was a tape of a meeting between the
,
B l\ 2havd-t-
Pet_en (cross continued by Ben-Veniste)
Nixon- Buzhardt Discussion of Cox Request
Buzhardt definitely recalls asking Nixon, among a nunilier
of other mat ters , about the inquiry from Cox (for a tape
recording of conversation between the President and Dea n on
April 15th. ) (1094) Buzhardt did not know at that time there
was a recording syst em and can't believe he would have asked
about a specific recording. (1095) Buzha rdt did not show
Nixon Cox ' s letter. (1095) After receiving the letter, Buzhardt
i nquired of Cox , possibly inquired of Petersen , about precisely
what was being asked for, and Buzhardt was definitely aware
at the time to Nixon that they referring to
something that had mentioned to Petersen. (1095) Buzhardt
does not recall , in vlords or substance, specifically or generally,
asking Nixon in connection with Cox ' s request , whether ther e :
existed a tape recording between him and Dean , nor does he
recal l Nixon's informing him there was such a recording . (1 096)
Two t h i ngs stand out in Buzhardt's memory regarding his conver -
sation with Nixon: Buzhardt was aware the question was in
reference to something discussed with Petersen; and he is sure
Nixon told him there was a dictabelt of the conversation. (1097)
Buzhardt recalls no conversation with Nixon about a specific
tape recording (per Cox' s reques t) as contrasted to a dictabelt.
(1098)
Conversation with Petersen or Cox about Cox Request
In trying to respond to Cox's request , Buzhardt talked
about it to Petersen or perhaps Cox, but he doesn't recall
Cox or Petersen ' s telling him it was believed there was a
taped conversation between Nixon and Dean. Buzhardt remerabers
Cox or Petersen, probably Cox , informing him of a conversation
he had with Petersen. (1098)
Nixon-Buzhardt Discussion of Cox Request
Buzhardt doesn't recall on what day he discussed the Cox
request with Nixon. (1099) Buzhardt has a log showing dates
of Nixon, but doesn ' t recall the specific
date of the tape discussion . Buzhardt is l ess than certain
he only discussed the request once with Ni xon betlveen the time
Buzha rdt received it and the t.ime he r esponded to it , but he
doesn ' t recall discuss i ng it (more than once) and doesn't
think he would have discussed it tl-dce. (1099) Buzhardt
didn ' t go over with, or show, Nixon the draft response to
Cox . (1099-1100) Buzhardt b el ieves no one else was present
at his meeting with Nixon . (1100) During his discussion with
Nixon , Buzhardt probably had in mind what Cox indicated
Petersen had told Cox, but he doesn't recall asking Nixon why
Nixon offered to play a dictabelt for Petersen instead of merely
showing him a memo of the conversation rather than mentioning
a tape recording. (1100) Buzhardt isn't sure whether Nixon
ever advised him when he had made the April 15th dictabelt, but
sometime prior to Buzhardt's responding to Cox, Nixon had
informed Buzhardt that he frequently dictated his recollections.
(1101-1102)
The Dictabelt
The White House has not been able to locate the dictabelt,
but Nixon on that day found contemporaneous notes he made from
the meetings. Buzhardt first l earned there was no dictabelt
on November 5th. Buzhardt does not recall saying, p rior to that ,
that the dictabelt \vould be produced to_the Court, nor does he
remember the Wh ite House Press Corps recentl y stating the same
thing nor does he know the basis for it. (1103) The weekend
preceeding November 5, or possibly a little earlier, Buzhardt
askeA various people on the staff to search the files for all
memos, notes , dictabelts, or other evidence relating to conver-
sations covered by the Court order. (1104) Buzhardt askec\ Haig
to request such materials from Nixon , but doesn't know who
would be searching Nixon 's files. (1104-1105) Haig told Buzhardt
on November 5 the dictabelt was missing, and assumed, without
asking Haig, the President had caused his own files to be searched,
by himself or someone else. (1105) (Ben-Veniste reads, from p.219
of the November 1 Court proceedings,Buzhardt's statement about
furnishing the April 15 d ictabelt. (1105-1106»
June 20 Ni xon-Mitchell Conversation
Buzhardt first learned in October , probably toward mid-mop-th,
that the June 20 tape was missing . (1106-1107) At some point in
October, Nixon so informed Buzhardt, but Buzhardt doesn 't remember
who told him first, although it could have been Nixon, nor who
else told him this in October, although Buzhardt discussed it
with a number of people thereafter. (1107) The context was not of
Buzhardt's being informed, but was as to two tape recordings
not being recorded. (1107) Buzhardt does not recall Bull ' s
informing him of the missing tape s. He discussed them with Haig
at some point, but doesn 't recall whether it was in October nor
vlhen in relation to discussing it with Nixon . (1108) Whether Nixon
told him anything more than that the two tapes Vlere missing he
isn't sure. (1108) Buzhardt was told at some point - perhaps
when he first learned the tapes couldn't be found, perhaps after
so learning - that the President recalled making the June 20th
phone call from his residence, Buzhardt recalls the West Hall of
the residence being mentioned. Buzhardt doesn ' t think he learned
at that time that that \vas a phone call not on this system, but
later determined it would have been a call not recorded (sic) to
the recording system. Buzhardt doesn't recall whether the
President or someone else told him (about the call being made from
the residence). (1108-1112) Buzhardt doesn't specifically recall
wri ting anything dO\vn about the information he was receiving
during this period but it is possible. ' He hasn't used any notes
in testifying. He probably threw any such not e s away , this
information not having enough detail that he would need notes
to remind him. After receiving this information, \,lhich was
too fr agmentary for him to have made representations to the
Court, he made additional inquiries including asking the Secret
Service for written explanations, which he has provided the
Court, but doesn't recall making notes himself on the inquiries.
(1112-1113 )
Buzhardt did have a conversation with Nixon regarding
the June 20 Mitchell call but doesn't remember the specific
conversation. The conversation was prior to the inception of
the present hearing but he may have discussed it with Nixon
again since then. In October, prior to the hearing, Nixon told
Buzhardt he recall ed making the call from his residence, and
may have said in the lvest Hall, and he definitely directed
Buzhardt to find out what had happened with respect to these
calls and the recording system. Buzhardt doesn't recall Nixon's
saying he remembered making the call and where he made i t from.
His impression is Nixon had checked his logs to see where the
call was made from. Buzhardt doesn't recall whether Nixon had
any question in his mind as to where he \vas when he had this
conversation, nor whether he said I was in the West Hall, or
I think I was in the West Hall. (1113-1115)
Searching for the Tapes
("3"..:,<. ?O)
Nixon didn't indicate what search for theA tape had
been made up to that point. After Buzhardt 's conversation vl ith
Nixon but prior to these hearings, Buzhardt spoke to several
people about \vhat kind of s earch had been made, including
Bull the morning of the hearings, and probably once prior to
that, and perhaps to Nixon. (1116) Buzhardt isn't sure he was
told until recently about a Septembe r, 1973, attempt to find
this conversation, which wasn't found . It could have been Ni xon,
Woods, or Bull who told him recently, but he doesn 't recall who
told him. (1116-1117) Between the attempt in September and
October 31 , Buzhardt nade an attempt to f ind the tapes , but
'.,.hadn't made one in the inte rim nor , as far as he knmvs , had
anyone else, which the records he has assembled indicate.
doesn't r ecall Nixon told him N :),-c n hUc\ f'\ ru.\e. C\. \o. te.
September search ,-ccdc'" ht. Nixon had any bas is for t e lling
Buzhardt the tape s were missing except the late September
search. (1117-1118)
Buzhardt's Review of the Tapes
The last conversation Buzhardt heard on Exhibit 6
was between Nixon and Kleindienst , which he assumes correlates
to a conve rsation described in Exhibit 20 as occurring between
Nixon and Kl eindienst between 1:12 and 2:22, based on the
sequence of preceding conve rsations. He guesses the tape of
the meeting is between 30 minutes and an hour long. The
immediately prior conversation, which Buzhardt list e ned .to,
was between Nixon and Sanchez (who isn't in the logs) . He
doesn't remember the one before that (a Nixon call to Julie,
according to the logs), but checked the sequences against
l ogs for the preceding day , the 14th, and they corrp.sponded.
(1118-1122) Buzhardt recalls conversation between Nixon,
Haldeman, and Ehrlichman on the tape for the 14th. (1122) r--
Buzhardt b e lieves he checked the logs and the sequence for
the conversation preceding the first conversation on the 14th,
a conversation at the EOB on the 12th. He is not sure
though that he represented to the Court that the timer had,
prior to recording conversations on the 14th, been activating
the tape in q uestion on the 12th. (l122-1123) Exhibit 6
correctly indicates, in Baker's handwriting, that the Secret
Service did a meter reading on the 12th, but Buzhardt says
this doesn't indicate necessarily the tape was running and
recording on that day . If the tape placed on the machine
on the 11th, it would have recorded for the first time on
the 12th, and the tapes logged for the 12th should be on the
tape, which Buzhardt believes they are . (1123-1124)
Haldeman Listening to Tapes
Between Haldeman's listening to Some tapes and Haldeman's
Senate Committee testimony, Buzhardt learned he had listened
to them. (1124) He doesn't remember specifically discussing
with Haldeman in July the propriety of this , but prior to
Haldeman's Senate testimony did talk at some point to Haldeman's
counsel, and to Haldeman about whether "'hat Haldeman learned
on the tapes was covered by executive privilege . He didn't
know that Haldeman had access to the tapes during the time
Haldeman did have access. He didn't know it until well after
the fact and doe sn't know who told him, perhaps Higby or
Bull. (1124-1126) Buzhardt reca lls mor e than one conversation
with Higby and thinks Haldeman's hearing the tapes \vasn' t
mentioned in the first one . He may have learned about it
right after Butterfield's testimony. (11 26-1127) Buzhardt
was not advised prior to the time Haldeman had the tapes , nor
did he have a discussion prospectively with Nixon about
Haldeman's being given access to them. He may ha ve discussed
it with Nixon just prior to Haldeman's testimony, but doesn't
remember if Nixon told him the purpose of Haldeman's listening
to the tapes. (1128)
Nixon Liste ning to the Tapes
Buzhardt doesn't remember when he first l earned Nixon
had listened to the t apes , although it was well after
listening to the m. So far as Buzhardt knows Nixon listened
to them on June 4th and some time September 29th. Buzhardt
doesn 't recall that Nixon told him June 4th was the first time
Nixon heard any tapes. (1128-1129)
Othe r ,People Listening to Tapes
Probably in early October Buzhardt first learned Woods
had listened to the tapes, and may have learned it from her
or from the President. (1129) Other people who, to Buzhardt's
knowledge,listened to the tapes at any time are: Haldeman
in late April and in July, according to Haldeman's testimony ;
Nixon on June 4 , and probably Bull listened to one on that
date; Nixon with Woods' and Bull's a s s ~ t a n c e beginning about
September 29th; and Buzhardt, as he has testified, has
li stened to one phone call and some tapes. (1129-1130) Buzhardt
knew in early October that Woods was trying to extract material
from some of the tapes, but doesn't think he knew then that
she had done anything at Camp David . Buzhardt thinks Nixon
told him Woods was trying to ext ract material from the tapes,
but it may have been Woods . (1130-1131)
"
Buzhardt did not see any distinction between that statement
that Woods was trying to extract material from the tapes and
\'1oods' description that she was trying to get every word as
best she could. Buzhardt knew at that time precisely what
she was doing. (1131)
Buzhardt made no memo of what transpired of Buzhardt's
listening to a tape recording on June 25th. Buzhardt reported
it strictly qasis of (11 31 ) Buzhardt
knew at the tJ.IDe ,,'yJ,-:r conversa he was _ to to because
he had prepared fo r Senate Select committee and the Special
Prosecutor's a log of (Nixon's) meeting with Dean so
Buzhardt knew when they had taken place. (1131-1132)
Buzhardt says it is essentially correct as Woods testified
that there was some gap in taped conversations and Woods was
confused as to what she was listening to. (Rogers was the first
on the tape, etc.) So, Buzhardt provided Woods with a tape
last cove red the conversa tion in question, a
conversation on the 16th between Nixon and Dean. (1132) To
Buzhardt's recollection, the tape Buzhardt gave her (to fill the
gap) came from the box marked 5. (1133)
Buzhardt got this tape to give to Woods from Bennett who
brought it to vloods' office and handed it to Buzhardt. Buzhardt
had previously r equested the tape from Haig. Buzhardt does not
specifically remember where Bennett got it. Buzhardt assumed
Bennett got it from the locked vault but Buzhardt does not know.
(1133)
Buzhardt has reason to believe as of Friday, that the t apes
of the seven subpoenaed conversations plus t he reel of the t ape
conta ining the recording of one additional conversation
subpoenaed by the Senate Select Committee) were in l'i'oods' safe .
(1133-1134 )
Buzhardt believes there are other tapes outstanding but does
not know which ones. The basis of Buzhardt's belief is a conversa-
tion Buzhardt had with Woods on Friday in which she said she had
other tapes, plus the subpoenaed tapes, in her safe. She and
Buzhardt did not discuss what other tapes. (1134)
(On being questioned by the Court) Buzhardt says he learned
from Woods last Friday that she has seven tapes under subpoena of
the Grand Jury, plus one other tape which was subpoenaed by the
Senate committee ( but notl>(\the court). Buzhardt does not know where
the tapes that came out of the boxes, Exhibits 5 and 6, are now.
Buzhardt did not talk to Woods about the tapes that came out of the
boxes, but is sure she had access to them last week. (1134-1135)
Buzhardt does not know whether the tapes are still in Wood's
safe or back in the vault. (1136)
Buzhardt does not know why Woods has the other tapes. (1136)
In addition to the tapes Woods had, to Buzhardt's knowledge
there were no other tapes outside the vault Friday. (1136)
Buzhardt is not sure he knows the specific reason Woods is
keeping the tapes in her office even though she is through
transcribing" them. Buzhardt says they were probablo/ not delive red
(back to the vault). Buzhardt is sure Nixon is aware (his l a\-1Ye rs)
have to have access to those tapes for Court procedures and the
tapes are perfectly safe in Woods' office. (1137)
Buzhardt does not know when he first learned that Woods had
recordings in her safe but thinks he l earned very lately. If
Buzhardt stipulated at the inception of these proceedings that
all the tapes were being kept in the EOB vault, he did not know
they were anywhere else. (1137) (Buzhardt is shown page 65 of
record where he so stipulated.) (1137-1138) So far as Buzhardt
knew at the inception, they wer e in the EOB vault and still might
have been there at that time. (1138)
7
Buzhardt did not knOl" that ;voods kept the tapes continuously
in her safe starting September 28
Li
'when she got them at Camp David. (1139)
(Prior to these proceedings), Buzhardt does not know that he
made any specific representation to Nixon to the effect that Buzhardt
would have to be in possession of all relevant information as to
the custody and whereabouts of the tapes. Buzhardt assumed s uch
relevant information (i. e . tapes in Woods' office) would be
communicated to him. " Although Bu zhardt kne", Nixon had access and
control over the tapes, Buzhardt was aware Nixon could remove the
tapes. (1140-A)
1
Buzhardt does not recall if he ever inquired as to the
condi tions under which the White Hou se tapes being secured.
Prior to July 18, Buzhardt believes he was informed there was a
room the tapes were stored in but Buzhardt \1as not sure he was
told the room number until last week. It was Buzhardt's under-
standing that the tapes were kept in that room. It was Buzhardt's
understanding that control passed from the Secret Service on
July 18 directly to Nixon. It was Buzhardt's understanding that
no tape would be removed except by Nixon's personal direction.
(1l40-B)
Buzhardt did not know (on July 18) that Bennett be
responsible for keeping control over these tapes. Buzhardt is
not sure when he learned of Bennett's role but believes it was
after these hearings started. Prior to this, Buzhardt assumed Nixon
would personally exercise control over access. Buzhardt did not
know who Nixon would use when he wanted to take a tape out or
whether Nixon would go personally to take it out. (1140-B - l140-C)
Buzhardt believes . Secret Service delivered their inventory
key to the room and combination to the safes, perhaps after having
them changed, to Nixon personally. From that time forward,
Buzhardt did not think there was any occasion for removing the tapes
and Buzhardt knew of no removal until early October. (lJ.40-C - l140-D)
.-
Afternoon Session (following off-the-record conference at Bench)
Fred Buzhardt (cross continued by Ben-Veniste)
Buzhardt remembers seeing a press release by either
Ziegler or Warren about the dictabelt of Apri l Buzhardt
does not recall the exact date of that press release being
early November, 1973 nor does he recall that the release said
specifically the dictabelt did exist and was under Nixon's
control or authority. (1141) Buzhardt does not know the source
of Warren's information. Buzhardt does not recall answering
questions for Warren specifically about the tapes or the
dictabelt of April 15th but from time to time, Buzhardt has
answered questions for l'larren on other subjects. Buzhardt does
not know what other sources Warren consults prior to making an
official statement for the White House. Buzhardt presumes
Warren consults Nixon and Ziegler and does not know that Warren
would consult Haig. Buzhardt has never asked lvarren if he
consulted Nixon. (1142)
'i
After July 18th, 1973, it is Buzhardt's understanding that
the combination and keys to the place the tapes were kept were
delivered personally to Nixon . Buzhardt does not know by whom
they were delivered. Buzhardt relayed certain instructions to
the Secret Service about the turning over of keys from Secret
Service to White House personnel. (1143) Buzhardt does not
recall whether he was advised on July 19th or not that the keys
had been turned over to Haig. Buzhardt may have been,but does
not recall, if he ''las adv,.tsed by Bennett that the keys were
turned over to Haig was the only one to be on the access
list to the tapes. (On'being shown Exhibit 32, Bennett's
note of July 19th), Buzhardt still does not recall if he was
advised by Bennett . (1143-1144)
Buzhardt does not have any specific recollection of being
advised around July 29th whether there was going to be a request
that the tapes be removed on July 29th . (1144) Buzhardt
does not recall being advised,contemporaneously for
that Haig or Ziegler instructed Bennett that certain tapes
would be required and that Bull was to set up the equipment.
(On being shown Exhibit 32, Bennett 's memo about request),
Buzhardt still does not recall being advised about a r emoval
or anticipated removal of tapes around July 29th. (1145)
Buzhardt recalls nothing that happened to him in July with respect
to the tapes. (1146)
Buzhardt does not know if he had any specific understanding
that he was to be consulted with respect to the removal of
any of those tapes. Buzhardt knew the tapes were under Nixon 's
control. (1146)
/0
Exhibits 54 and 55 are marked for identification and receive d
in evidence. (1146-1147)
Buzhardt recognized Exhibit 54 as a letter which Buzhardt
received from Cox on July 20, 1973 and Exhibit 55 as a copy of
Buzhardt's response to Cox on July 25, 1973. (1146-1147)
Ben-Veniste reads Exhibits 54 and 55 for the Court. The
letter from Cox (54) asks Buzhardt to be careful to
are preserved intact. (1147-1148) The letter from Buzhardt
in response assures Cox the tapes are intact, secure, under
sole personal control of Nixon, and all access to the tape s is
carefully documented. (1148)
Buzhardt says his letter does not imply that Buzhardt had any
agreement that Buzhardt was to be advised as to what Nixon was
going to do with the tapes. His letter just means the t ape s
were stored under secure conditions under Nixon's personal
control. (1149)
In spite of and in light of Exhibit 54 and Exhibit 55,
Buzhardt reiterates he had no implicit understanding with Nixon
that Buzhardt should be consulted as to 1vha t was going to
happen to the tapes . (1150) Buzhardt is sure Nixon was aware,
as was Buzhardt, of the change in custody of the tapes - they
were to be under Nixon's personal control. (1151)
Sometime in mid-October, Buzhardt was advised for the first
time by Nixon or someone else that the Nixon/Dean tape of April
was either missing, had not been recorded, or could not be found.
Buzhardt does not recall if he received an explanation as to
why the tape could not be found, but subsequently did r eceive
an explanation. Buzhardt did not immediately receive an
explanation of mechanical difficulty. (1151)
Buzhardt recalls talking to Rayhill on a number of occasions,
but does not recall the specific dates. Buzhardt does not
recall that he talked to Rayhill on October Buzhardt
recalls having a conversation with Rayhi ll about the April
tape more than once (in connection with having to produc e
April in Vesco case). In conversation with Rayhill,
Buzhardt might have said something about mechanical difficulties
with the April 15th tape. (1152-1153) But Buzhardt was referring
to mechanical problem in that the same tape was under subpoena
in Watergate case as well as Vesco case. Before Buzhardt knew
the conversation was not recorded, at s ome point in his c onver-
sations with Rayhill, there was the (mechanical ) problem
of court procedure in hO\v to deal with two courts that s ought
the tapes. (1154) Buzhardtidoes not reca ll telling Rayhill
that the April 15th tape would not be turned over for in-camera
inspection. At some later date, when Buzhardt found that the
tape could not be found, Buzhardt told Rayhill that they had not
been able to find the tape and that the tape may not exist.
(1154)
J
I

.
(After a five-minute suspension at courts request)
If Buzhardt did say in the same conversation with Rayhill
that there was mechanical difficulty in providing the tape and
the tape would not be provided for in-camera inspection,
Buzhardt could hypothetically see these two statements as
inconsistent. (1156-1157)
Buzhardt may possibly have participated in the preparation
of a letter by Nixon to Ervin dated July 23, 1973 in which
Nixon declined to furnish tapes to Senate Select, but cannot
recall specifically if he did. (1157)
Exhibit 56 is marked for identification and received in
evidence. (1157-1158)
Buzhardt acknowledges Exhibit 56 appears to be a letter from
Wright to Cox of July 23, 1973 in which Wright makes reference
to the letter from Nixon to Ervin. Buzhardt acknowledges he has
seen the letter before. (1157-1158)
Ben-veniste reads a portion of Exhibit 56 in which Wright
says that Wright is writing to Cox on Buzhardt's request (1158)
and makes reference to Nixon's letter to Ervin of the s ~ n e day.
Wright attached a copy of the Ervin l etter. Buzhardt had no
knowledge Wright enclosed .the copy of the Ervin letter. (1159)
After the reading of Exhibit 56, Buzhardt still does not
recall having helped Nixon prepare the letter to Ervin. (1159)
Buzhard t believes Nixon's letter to Ervin and Wright's
letter to Cox indicate the tapes would not be produced. (1159)
(The letter t o Ervin stated the tapes were under Nixon's
sole control and would r emain so.) Buzhardt does not know
whether Nixon's sole personal control refers to Haldeman as
well. Buzhardt does not know whether the matter of Haldeman
(having access to tapes) was discussed between Nixon and
Buzhardt prior (or after) Nixon wrote this letter, and has no
reason to think it was discussed. (1160)
(The l e tter from Nixon to Ervin goes on to state that none
of the tapes had been transcribed or made public, and none would
be.) Buzhardt does not know what the term made public meant in
that connection. (1161)
Buzhardt believes Wright prepared Nixon's letter to Ervin.
Buzhardt may have helped with the drafting but he does not
recall. (1164-1165)
Buzhardt does not think he had any discussion with Nixon
about the point in Nixon's letter to Ervin (which says none of
the tapes had or would be transcribed) in connection with Woods
testimony that she transcribed the tapes. (1165)
/ ..
Shortly after Butterfield testified before the Senate Select.
in response to an inquiry Buzhardt had from either the Senate or
Special Prosecutor's Office, Buzhardt ascertained the date of
installation of the White House recording system. (1165-1166)
Buzhardt believes he received the date from Sims . It is Buzhardt's
recollection that Butterfield testified installation was in
June, _ 1970. Buzhardt recalls there was an inconsistency between
the dates of installation testified to by Butterfield and dates
given to Buzhardt by the Secret Service . Buzhardt does not
k n o \ ~ the source of the dates the Secret Service gave to Buzhard t.
(1166) Buzhardt believes sims gave Buzhardt a series of
installation dates beginning in 1971 - perhaps February 1971 - and
the rest installed over the next several months . Buzhardt does
not recall the exact dates of the subsequent installations.
(1167)
Buzhardt thinks he sent a letter to Ervin indicating the
taping system had been install ed in the Spring of 1971. Buzhardt
does not recall the exact date of this l etter . (1167)
Buzhardt does not recall discussing the installation date
with Nixon. (1167)
Buzhardt says he does not recall Nixon saying in his press
conference of August 22, 1973 that the tape system had been
installed in June 1970. Then Buzhardt says perhaps he does
recall Nixon saying that at-the press conference, but does
not recall that June 1970 was the exact date Nixon gave at the
press conference. Exhibit 57 is marked for identification.
(1168) (Buzhardt is shown Exhibit 57, a mar ke d-off partial
transcript from Congressional Quarterly of Nixon ' s August 22,
1973 press conference.) Buzhardt was not aware before seeing
Exhibit 57 that Nixon had used the June 1970 date in his press
conference. (1168) Buzhardt does recall a call to his office
from the White House Press Office asking Buzhardt to verify the
installation dates or find out what the dates were. (1168-1169)
Exhibit 57 is offered in evidence (11.69) and the objection
to offering Exhibit 57 is sustained by the Court after
discussion (1169-1171) for not being of probative value. (1171)
Buzhardt was not aware Warren stated on October 31, 1973 that
Nixon had never requested the two conversation at issue at this
hearing. (1172)
Exhibit 58 is marked for identification. (1172)
IJ
(Buzhardt is shown Exhibit 58 which is an article from the
Washington Post of October 31st by William Chapman. (1172)
I $
This article s ays Warren told the Post that while Nixon had
listened to tapes, Nixon had never listened to all the tapes and
Nixon had never requested to listen to the two tapes at
issue.) Buzhardt does not know whether Warren made such a
statement or not. (1173) According to Buzhardt 's under standing
around September 29th, Nixon did request al l of the t ape
recordings under subpoena. Buzhardt does not know whether
Nixon r equested the April 15th tape on June 4th. As according
to the documents in evidence, Buzhardt believes that the t apes
were removed from the room and delivered to Bull, but
Bull's testimony does not suggest Nixon r equested it. (1174)
Buzhardt was not aware Warren indicated on October 31st that
the tapes were kept in the residential part of the White House .
(Buzhardt is again shown Exhibit 58.) Buzhardt does not
remembe r reading the newspaper article (Exhibit 58) and does
not know if Warren sait (1175)
Buzhardt does not have any knowledge that the tapes were ever
kept in the residential part of the Wh ite House. (1176)
To the best of Buzhardt's knowl e dge, the persons of whom
Buzhardt has heard as having had access to the tapes are
Nixon, Bull, Woods, Buzhardt, Haldeman, and Bennett. Buzhardt
does not r ecall hearing of othe rs handling the tapes. (1176-1177)
Buzhardt says the Secret Service people handl ed the tapes but
believes the testimony is that no Secret Service men ever
listened to them.
, I
Monday, November 12, 1973 - Afternoon
Henry Petersen
Direct Examinat ion (by Volner) :
Petersen is As s istant Attorney General of the Criminal
Division, a position he has held for about two years. He
' has been with Justice for about 26 years. (1192)
On April 15, 1973, as a result of the consensus that the
President should be advised of certain developments in the
investigation which reflected on his immediate White House
associates, Petersen and met with Nixon at the
EOB at 3:30 p.m .. (1192) Since the information stemmed
partially from what Dean was telling Silbert and Glanzer,
Petersen suggested to Nixon that Nixon should talk to Dean
and thus learn Dean's information directly so as to be better
able to decide what action to take regarding Nixon's White
House associates. (1193) The question was raised as to whether
Dean was giving the information about others at the White House
in order to relieve himself of liability, and Nixon was informed
that Dean's information was being given on the basis of enabling
the prosecution to determine whether Dean should be accorded
immunity. (1193) Petersen also told Nixon that Dean's informa-
tion was being received by the prosecution on the basis that
such would not be used directly or indirectly in the investiga-
tion, and would only be used in deciding the question of
Dean's immunity. (1194)
At approximately midni ght of the preceding day (April 14),
Dean's counsel, Shaffer, had been advised that the President
was going to be told of Dean's information. Shaffer had agr eed
that such was perfectly acceptable and would not be a breach of
the agreement. (1194)
After his April 15 meeting with Nixon, Petersen we.nt to his
home and met with Silbert and Glanzer. During this meeting,
Shaffer called, said that Ehrlichman had been trying to get
in ·touch with Dean, and asked whether Dean should meet with
Ehrlichman. Petersen said no, but that Petersen t hought Dean
should meet with Nixon and advise Nixon of Dean's information.
That was agreeable with Shaffer, and Petersen was subsequently
informed that it was also agreeable with Dean. (1194-1195)
1'(
On the night of April 15, Nixon called Petersen and said
that Dean had said he was agreeable to meeting with Nixon.
Nixon asked if Petersen thought that would be appropriate, and
Petersen said he did. Thereafter Nixon called Petersen again
and said the meeting had been set up. (1195)
On April 16, Petersen met with Nixon at the EOB and
again summarized the material information . There was some
allusion to Nixon's conversation with Dean on the previous
night. (1195-1196)
Petersen does not recall any conversation with Nixon on
April 17. (1196)
On April 18 at about 3:00 p.m., Nixon called Petersen
and alluded to their earlier conversation about Dean's
immunity, and Nixon suggested that he had been informed that
Dean had already been immunized. Petersen , ~ a s upset, and
assur ed Nixon that he was certain that Dean had not at that time
been irorounized. Petersen undertook to make further checks so
as to be able to reassure Nixon. (1196-1197)
Petersen then called Silbert to discuss the matter, and
although Silbert's recollection was precisely as Petersen
had related the situation to Nixon, Petersen asked him to
check with Shaffer to make certain that neither he nor Dean
had misunderstood. (1198)
Sometime around 3:30 p.m., Silbert called Petersen back
and said that he had been in touch with Shaffer and Shaffer's
under standing of the negotiating posture was the same as
(Petersen 's and Silbert's). (1198)
Petersen called Nixon sometime around 6:00 or 6:30 p.m.,
and related these facts. In the course of that conversation,
almost by way of pinpointing that he was not mistaken, Nixon
said "Well, I have got it on tape if you want to hear it . "
Petersen said that he did not want to hear it, and he did not want
anything coming to him that 'vas not gotten direct ly from Dean.
(119 8)
Although Petersen did not think about Nixon 's statement in
analytical terms, he inferred that what was meant was Dean's
voice on tape. When Petersen related this conversation to Cox,
Petersen had inferred such and Cox had drawn such an inference.
(1199)
In substance, Petersen had stated that he did not want to
hear anything except from Dean directly because of the arrangement
with Dean and the possible jeopardy to developing the case. (1199)
Petersen does not recall discussing with Buzhardt the
tape recording of the April 15 conversation until "a week ago,
Friday." At that time, Buzhardt called Petersen, said he heard
Petersen was going to be called as a witness, and they then
discussed the April 15 tape. (1199)
Petersen reca lls receiving a carbcn copy of a Buzhardt
letter to Cox which had bee n directed to Petersen. Petersen
identifies Exhibit 55 as being that letter. (1199-2000)
Statement by the Court (agreed to by both counsels) :
Petersen concludes the testimony relating to custody of
I ,
and access to the tapes, with the exception of Butterfield's
testimony to be given after November 16. WSPF may call additional
witnesses at any time. (1201)
The subpoenaed tapes and other materials, plus the analysis
and index of the subpoenaed tapes, will be presented to the
Court no later than November 20. Date extended only upon applica-
tion to the Court. (1202) Both sides have agreed to make
duplicates of the subpoenaed tapes and other voluntarily given
tapes, to be done by November 14 using mutually agreeable
procedures and facilities. Originals wi ll be sealed and
stored in a White House vault until del ivered to Court. (1202)
In-camera conf erence to be held on November 30, to discuss the
tape analysis and indexes, and the particularized claims of
privilege' asserted on behalf of the President in accordance
with the Court of Appeals decision. (1202)
Both sides have agreed to submit for approval of the Court
both jointly formulated procedures and a jointly designated
panel of experts to examine the tapes for evidence of tampering
or altering. (1203)
!
i
TAPE HEARINGS BEFORE SIRICA
November 26, 1973
Morning Session
Woods Questioned by Volner: Direct
Woods Advised of Rights: Volner advises Woods of 5th Amendment
rights, and that her responses may be used as evidence against
her. Woods is represented in court by counsel, Charles Rhyne.
(1206-1207)
Woods' Custody of Tapes: Woods had custody of subpoenaed
tapes until November 14 when she gave them all back to General
Bennett to be duplicated. (Woods refreshed her memory as to date
by consulting a file she brought to court) . Woods has not had
custody of the tapes since November 14. (1207-1208)
Woods Has Listened to Copy of June 20, 1972 Tape: Woods has'
listened to the tape of the end of the meeting between the
President and Mr. Ehrlichman and the beginning of the meeting
between Mr. Haldeman and the President on June 20, 1973 since
November 14. This is the tape (copy of tape) Woods spent over
30 hours transcribing at Camp David and at the 11hite House. (1208-09)
Tape Machine Used at Camp David Introduced as Exhibit 59:
Sony four-speed servo control machine and set of earphones are
identified by Woods as one of three machines at Camp David.
Woods cannot identify machine as being the one she used at
Camp David. \'loods does not knot., serial number of machine she
used at Camp David. 1100ds identifies machine as exactly the same
type machine she sued and that its buttons are the same type.
Woods testified that she could not use the earphones as they were
too big. vloods had to go back and forth often with the on/off
button to hear and repeat because the earphones kep sliding off
her head. (1209-1211)
Machines Requested of White House: Volner objects that
Prosecutor 's Office ha d requested exact machine used by Woods
and that Exhibit 59 Vias brought to Court purporting to be that
machine. Rhyne, Woods' counsel, objects that he did not know of
request for machine. Volner states request -I'.ras made of Bu zhardt.
Buzhardt is not in court. Sirica suggests that Buzhardt be called
and asked if machine is the one \'loods used. Volner r equests
that the other two machines from Camp David be brought to Court
and Garment agrees, if they are available . (1211-12)
- 2 -
Identification of Uher Machine as Exhibit 60: The Uher
tape machine connected with an earphone set and foot pedal
(subsequently introduced as and 60B) (1243) is identified
by Woods as the machine she used in her office at the White House
the day after she returned from Camp David. Bull brought I'loods
the Uher machine, which was obtained because the others had no
foot pedal nor any earplugs that Woods could use. Bull also
supplied the (Exhibit 59) machine. Woods is' sure Exhibit 60
is the exact machine she used. It is the only machine we (?)
have. It does not have Secret Service mark in a place
which she indicates. (On page 1216 she mentions a machine with
Secret Service markings). (1213-14)
Use of Uher Machine: Woods played the June 20th tape when she
first used the Uher machine on October 1st. Woods took the
machine to Key Biscayne when she worked on the tapes there. This
was the only tape machine she had at Key Biscayne. Woods does
not believe Bull had a machine. Woods had possession of the
machine the \"hole time it was at Key Biscayne. Bull carried the
machine back from Key Biscayne. Woods used machine in White
House after return from Key Biscayne off and on to finish the
first subpoenaed tapes until Oc'tober 23 or 24. Woods last saw
the machine this morning. (1215-1216)
Buzhardt Use of Uher Machine: Buzhardt borrowed the Uher
before Thanksgiving, it two or three days. Woods called
two or three times to get it and finally sent someone to get it.
(1216-1217)
Woods Use of Exhibit 60 Uher and Secret Service Uher Machine:
Except for the time Buzhardt had it (since October 23rd or 24th
until today), the Exhibit 60 Uher machine has been inside Woods'
desk.l-Thile Buzhardt had the Exhibit 60 machine, Woods " used the
machine with Secret Service markings. Woods, Charles and
William Rhyne used the Exhibit 60 machine to playa tape
yesterday (November 25).
Woods' Request of Second Uher Machine and Locking of Record
and Dictation Button: Woods requested the other (Secret Service)
machine because she asked them to clean (the first) up and try to
make it clear and see (if) maybe we used it so much it \.,as harder
to hear; and she also asked them to lock the record and dictation
button. But those were unlocked over there (? in Buzhardt's office).
(1218)
Transcription of Tapes Requested by Jaworski: Woods used the
Secret Service machine to play tapes the President requested
her to transcribe for him, the tapes requested in the letter signed
by Jaworski. These tapes were original tapes from the White House
vault. These tapes were in Woods' possession from the 19th (sic)
until she returned them to General Bennett this morning. I-loods
cannot identify these tapes by date. She cannot tell if they were
the tapes of April 16 and 18 and June 4, 1973. She did nothing
about the April 16 conversation between Dean and the President.
i

- 3 -
That was typed before. She worked on two tapes last week. (1217-1220)
June 20th Tape: Woods listened to a copy of ' the June 20th
tape tlvice last week, with !-ir. rillyne always present. Buzhardt
was not present. Woods guesses it is an excerpt from a copy.
She cannot recall wHether the whole conversation was on the
excerpt or copy she got from Buzhardt. Woods thought the tape
was short. She listened to part of the tape. We (sic) listened
to the ending of Mr. Ehrlichman talking with the President to
try to find out for sure when Haldeman entered the room and when
Ehrlichman left. She listened to 10 or 15 minutes of conversation
last week, a couple of minutes between the President and Ehrlichman,
three or four between the President and Haldeman. Contents of
the tape were the same as she heard September 29 although she heard
more on September 29. (1220-1222)
Conversation between Haldeman, Ehrlichman and the President
on June 20th Tape : Woods does not recall testifying that tape/
meeting? began with Haldeman, Ehrlichman and the President
speaking all at once. Woods has no present recollection whether
she heard all three at the beginning. Referring to Woods prior
testimony (p. 840) of three talking at once, Woods states that
she didn't identify the three voices as Ehrlichman, Haldeman
and the President. The first part of the June 20 tape that was
marked for Woods to start typing on.l not the first part of the
tape , was Ehrlichman talking to the President. A phone call was
made at that time. The President (in September at Camp David)
listened to different parts of the tape, pushing the button
back and forth. Which three voices (he heard) 1'100ds cannot tell.
(1222-1226)
Transcribing June 20 Tape: Woods didn't play the entire
conversation through fr om be ginning to end without stopping. She
stopped every few words to type. She doesn 't know how much of the
tape she listened to the first time she had the tape on the
machine on Septenilier 29th. If the tape quality was good and she
could hear a full sentence, she listened to a full sentence. If
it was bad, she went back and forth three or four times to get a
word. She listened to half a minute or a minute at a time. The
first voice was either the President ' s of Ehrlichman 's. (1226)
(Page 1228 missing)
The first part
and the President.
or gist took about
, Mr. Ehrlichman and
of the conversation was between Ehrlichman
It lasted about 55 minutes, the transcript
67 pages. It involved only the Pr esident a nd
a telephone call .
Woods finished typing the (Ehrlichman-Nixon) portion of the
tape October 1 when she returned from Camp David. She did not
type the Haldeman-Nixon conversation. She lis'tened to two or
three minutes of the Haldeman-Nixon conversation to a point
where she knew it was Haldeman because they were talking about
scheduling. (1226-1230)
- 4 -
r700ds Did Not Type Haldeman-Nixon Conversation: Woods did not
believe the President had requested that she type the Haldeman-
Nixon conversation as the President's counsel ha d told him that
that portion was not subpoenaed. All of us (sic) were convinced
that the wording of the subpoena did not call for the conversation
of each individual, but only if they were all three there or
some such technical thing. (1230)
Call from Haig at Camp David: Yloods knows she got a call at
Camp David on September 29 at 10:10 a.m. from Haig telling her
that he had been told by counsel that ~ h e Haldeman-Nixon) part
was not subpoenaed. Haig called her so that she wouldn't bother
typing up something she didn't have to. The call was almost immedi-
ately after Woods arrived at Camp David. Haig checked the time of
the call for Woods yesterday. (1230-1231)
Exclusion of Haldeman-Nixon Conversation from Subpoena : The
President told Woods that the Counsel had told him the Haldeman-
Nixon conversation was not subpoenaed. Woods assumes Nixon referred
to Buzhardt. Woods did not talk to Buzhardt herself. Woods does
not remember who offered her the explanation that only portions
involving Haldeman, Ehrlichman and the President were included
within the subpoena. She doesn't recall if the explanation was
given before or after she typed the conversation. When Woods
testified she was under the impression that the Haldeman part of
the tape was not subpoenaed. She had the explanation prior to
her testimony. (1231-1234)
Persons Woods Talked to About What She Was to T ~ : Bull
marked where Woods was to start typlng. The Presldent asked
her to type them. Haig told her the second part was not subpoenaed .
Woods was just told to type what was marked. (1232-1233)
Nixon Listened to Portions of Tape: Woods affirms that the
portion of the tape the President listened to involved three
voices. Nixon moved the buttons back and forth to hear parts of
the tape. The day (June 20) did not start \vi th John Ehrlichman.
Nixon held one earphone up to hi s ear. Woods could not hear
what Nixon was listening to. Nixon mentioned hearing three
voices and that he didn't see how Woods was getting any of it. Nixon
did not identify who the speakers were. He listened to the tape
for just a few minutes. He rema ined at her cabin for about 5 or
10 minutes. It could not have been as much as an hour or several
hours. The President did not work with Woods in listening to
these tapes. (1234-1236)
- 5 -
Length of Meeting on Tape: Woods remembers that the part of
the tape she listened to lasted 55 minutes. She does not recall
previously testifying that the meeting lasted two or three hours.
(Testimony on p. 830 of earlier hearing quoted.) (1236-1237)
Haig Call: The Haig call to Woods was not a response to
Woods to a call originally (?made by Woods). The President
came ~ o her cabin after the Haig call. (1238)
Haldeman - Nixon Portion of Tape: First Woods answers she
did not listen to the Haldeman-Nixon portion of the tape while
she was playing it at Camp David. She then states she listened
to the first part of it so that she could be sure that Ehrlichman
was gone from the room because there was no slamming of the door
or anything. Woods listened only until they were talking about
Ely, Nevada where Mrs. Nixon was born. (1238-1239)
Exhibit 61: Haldeman's Notes of June 20, 1972 Meeting:
Haldeman's notes of the meeting, two pages on yellow sheets are
marked as Exhibit 61. (1239)
Exhibits 59 and 60 are offered into evidence: (1239)
Bench Conference: Conference at the bench was held
concerning a problem raised by Garment of utilizing material
subpoenaed by the Grand Jury in a public hearing.
- 6 -
Afternoon Session
The Court stated that 10 full reels of tape had bee n
turned over voluntarily by the President. In addition to
those with 7 subpoenaed conversation, 3 others were turned
over in order to the absence of 2 subpoenaed
conversations. (1241)
Feldbaum arrived after the proceedings were ready to
start, so a recess was taken to unseal the tapes. (1241)
Questions of Rosemary Woods by Volner (direct continued)
The foot pedal and the earphones of the Uher recorder
are marked exhibits 60A and 60B and received into evidence.
(1242)
Woods has been told that the conversation she took down
between Nixon and Ehrlichman from the June 20 tape lasted
55 minutes . She has no recollection of the time: but
says it seemed like 2 or 3· days or months . She first states
she can not remember when or who told her it was 55 minutes.
Later she states she was told after her testimony on November 8.
(12 43- 1244)
The conversation Woods listened to included
and Nixon. A phone call was placed to Ed Hartin at some
point. Later Haldeman came in and it was not clear that
Ehrlichman left. She never heard Ehr lichman , Nixon and
Haldeman speaking at the same time. (1245)
Woods first listened to the part of the conversation with
Haldeman on October 1 at the l'1hi te House . She no longer
was using the machine that vIas at Camp David , but \,as using
Exhibit 60, the Uher machine. (1246)
Steve Bull had a list of the tapes and which portions
to mark. General Haig talked to Woods directly (10:10 a . m.)
about which portion of the June 20 tape was to be marked.
Woods is not sure how that message was relayed to Bull . (1247)
Bull marked the beginnings. of conversations with ",hite
tape , but the endings were not always marked. Often Woods
would listen for a goodbye, a door slam, etc. (12 48)
l'loods saw a copy of the subpoena at Camp David but is
not sure if she read it . She did not have a copy of the
president's daily diary or Haldeman 's notes, or anyones notes
at all while she was working on the tapes. (1248-1249)
Woods saw Haldeman's notes being brought to Nixon in
Nixon's office, but did not read them. [Rhyne interjects
- 7 -
that he read them.] (1249-1250)
Woods remembers the tape boxes at Camp David being
similar in shape and size to a box she had in court with
her. The box in court contained a portion of a copy of the
June 20 tape. (1250-1251) [Volner reads the exact contents
on the back of the box.]
Woods listened to the copy of the portion of the June 20
tape \vi th Rhyne and his son the previous weekend . The tape
contained Haldeman's and Nixon's voices and the blank
portion. (1242) It begins with the last portion of Ehrlichman
and Nixon's conversation. (1252-1253)
Woods thinks the tapes boxes she had at Camp David were
the same type but cannot swear that they were identical . She
does not know if all the boxes had printed lines and a written
portion with a Time Chart . (1254-1255) She does not remember
any blank boxes. (1255)
Woods has not played the original June 20 tape since
October 1. (1255- 1256) The original was in Woods' possession
until she turned it over to Bennett. She took it with the
others to Key Biscayne. All the tapes were in a safe with
Secret Service men guarding it 24 hours a day . (1256)
Woods and Bull had access to the safe . Noods assumes
that a technician would have set up the safe but does not
know who the technician was . (1256)
Woods remembers Haig's calIon September 29. After
showing Haig her note on the call, Haig ' s office pinpointed
the time at 10:10 a.m. The note is marked exhibit 62. (1257)
The note (exhibit 62) was typed immediately after the
Haig-Woods conversation. It does not refresh Woods' recollection
about who placed the call. She assumes Haig called because
she had no reason to ask the question. The handwritt en
portion was added November 23 or 24 when Haig told Noods the
time of the call. (1258)
The note was kept in a folder in Woods' safe along with
the tapes. After removing notes that were not kept in this
folder,originally, the folder and the contents w e ~ e marked as
exhibits 64-68. (1259-1261)
Offer of exhibits 64-68 was withdrawn and 62 and 63 are
received without objection . . (1261)
Haig told Woods that a mistake had been made and the
Haldeman portion of the tape had not been subpoenaed, Sne
received no other instructions about the tape , (1262 )
"
- 8 -
Woods says she never said that only 3-way conversations
were to be taken down. Her reference to 3 people \vas when
Nixon came into the room and pushed the buttons back and
forth listening to various parts . She did not hear 3 people
talking on the June 20 tape. (1262-1263) Woods is not sure
when Ehrlichman left. (1264)
Prior to Haig's instructions that there had been a
mistake about the Haldeman port ion, Woods had not idea \vhich
tapes were subpoenaed. She was waiting for Bull to mark the
tapes for her to type. At some point she passed along Haig's
message to Bull, by showing him her note. (1265)
Woods didn't look at the subpoena before going to Camp
David. (1266)
Volner reads Exhibit 62, Woods' note. It says Cox was
confused in his request and that all that is wanted is the
Ehrlichman/Nixon portion from 10:25 to 11:20. (1266-1267)
On October 1, Woods was just finishing the Ehrlichman
portion and listened to a few minutes of the Haldeman portion.
After a conversation about El y , Nevada and scheduling, Woods
answered her phone . At tha t time she pushed the record button
and held her foot on the foot pedal. She thought it was 4 or
5 minutes. (1267-126 8)
Woods went to see Nixon about her mistake as soon as he
was free. Nixon told her there was no probl em since it was
not a subpoenaed tape. Woods doesn't know if she talked
again with Nixon that day. (1268)
Woods .did not listen to any portion of the tape that she
erased. A shrill noise followed the Ely,Nevada conversation .
After the noise, there was something about the Democratic
convention or seating delegates. (12 68)
Woods explains that she was tired from the \veekend and
the White House was very busy that day. She was trying to
determine if Ehrlichman had left the room during the Ely
conversation when the phone rang. (12 69)
Woods doesn't know who she talked to and thinks it ',va s
only 4-5 minutes, not l 8 ~ minutes. She admits, however , that
her judgment of time is bad. She does not keep a phone log.
Woods has 9 phone lines , some private , some intercoms . (1269-
1970)
Woods had no other equipment besides the Uher machine ,
2 earphones, and foot pedal. (1271)
Woods pushed the record button which is beside the stop
button. She did not hold the record button down, but must have
kept her foot on the foot pedal. (1271-1 272)
1
,
- 9 -
Woods can't remember if she had only listened to the
Ely conversation or if she had also typed it. She has not
seen her transcript since she gave it to Nixon on October l.
(1272)
After seeing the record button pushed down, Ivoods pushed
the return button back to the Ely conversation again. She
then heard the noise. (1272)
The court inquires about Woods' testimony of November 8.
Volner acknowledges that the focus of that testimony was what
Woods did at Camp David, but the testimony will reflect that
Woods said she never touched the side of the machine where
the record button was located. (1273)
Woods says her previous testimony was such because she
did not think the portion she erased was subpoenaed. (1273)
Woods never heard this shrill noise on any other tape.
She only heard it after turning the machine back and playing
the part again. She did not listen through the entire 18
minute noise on October 1. (1274-1275)
When Woods told Nixon about her mistake no one else was
present. She did not report it to anyone else. (1276)
Woods doesn't reca ll being asked whether she changed
or altered any of the tapes during her November 8 testimony.
Woods replies to the Court's question about the importance of
this issue by saying she was petrified before and she only
thought they were talking about subpoenaed tapes. (1276)
Volner reads Woods testimony about not editing or changing
the substance of the transcript. At the Court's suggestion
Volner reads the transcript which says Woods was very careful
and didn't touch the record button. Asked what precautions
she used, Woods says she used he r head.
r
- 10 -
After recess - 4 p.m. Mrs. Volner continues direct
examination of Miss Woods.
Rhyne said that just before the break he objected that
the transcript was read and it is only fair that 'voods be
allowed to comment. Sirica said he would h ~ a r Woods' explanation
if she had one. Woods said that she worked very hard over
the long weekend . The black machine she used at Camp David
had a red reverse-dictate or whatever it's cal l ed, and the
other machine is all on one line. She sounded cockey when
she said she used her head because she was nervous. She thinks
she does try to use her head mostly, but, like other people ,
sometimes doesn't do everything perfectly. (1292)
On the other machine the stop and record are together.
She probably gets 50 to 60 calls a day in the middle of doing
this work and she worked all weekend and was exhausted. She
can offer no excuse for this. She never heard any words on
that tape so she called it a gap . She heard or read in t he
paper the \vord erase. She never heard any words on that part
of the tape that is missing. She is sorry. She knows that
everybody told her, but it was on the black machine that she
worked for 27 or 29 hours at Cal!\p David and then went to \vork
on the different one. She just wanted to make that explanation.
After she discovered her error, just as soon as she saw
Nixon's office was empty , she r e ~ ~ t ~ 4 ~ t h e e rror to him. There
is a light on her desk that showsii'ihxon is alone or not. She
went in and told Nixon that as he knew she worked very hard.
(1293) She said she was terr.ibly embarrassed and didn't know
what had happened, but after she finished talking on the phone
she went back to Ely and tried to listen (to the tape) a little
further and there was nothing. She never heard anything on
that part (of the tape ). She told Nixon her recollection was
that the phone call, she gets 50 or 60 a day, was five and a
half minutes at the most. That is the best she can say. She
didn't tell Nixon anything else. She told him \vhile she \vas
explaining that she either (sic) kept her foot on the pedal
because she reached around and grabbed her phone, which has
one of those long things on it, and t a lked and opened lette rs
and things while listening to people . She could easily have
kept her foot on the pedal. The lid on the grey machine h ad
to stay down because the desk holding her typevlriter and the
machine was not wide. The lid had to stay down and you could
not \vatch the tape run. Whether there Ivas ever anything on it,
she does not know. (1294)
When she ·hung up the phone she does not know if she took
her foot off the foot pedal. She doesn't remember I-ihethe r the
start button was down. Part of the time she used the start
button and foot peda l to see if she could bring in (the sound)
clearly. It was difficult to hear . She kept changing the
tone , using the foot pedal, earplugs , sometimes both, sometimes
- 11 -
one. You can do both, press the listen button (and the foot
pedal) and get better quality . She is not sure if she did
both. She knows the record button was down. Whether she had
the record button
J
she doesn't know. She knO\"s many time s
while typing the other tapes she had both down. She would
be sure she would immediately take her foot off the pedal
when she hung up the phone and noticed the record button down.
(1295) She was startled. Within five to fifteen minutes
after she hung up the telephone, as soon as the light went
out and she salY whoever was visiting Nixon lYas gone, she
related a ll this to him. She hasn't any idea i s she sat lYith
her foot on the pedal for that fifteen minutes . If she knew
she would say. Your foot could be on that pedal and you could
have i t on both the forward and back and get clearer off
the tape actually (Slt.).
The first thing Ni xon said to l'ioods was don 't worry about
it; it' s not one of the s ubpoenaed tapes . It's too bad, but
don '. t worry about it.
In response to Volner's quest i on whether Woods had told
Nixon it was the Ha l deman portion of the tape. Woods said
she didn't know what it was ; it was the start of t he Haldeman
tape , yes. (129 6 )
Nixon knew it was not one of the subpoenaed tapes because
his counsel had told him. Woods doesn 't knolY \"hen. Nixon
asked what the content of the erased portion was and Woods
said she heard nothing. He asked what the content lYas prior
to the erasure and she told him i t was on scheduling, whether
they would go to North or South Dakota or Ely . He d i dn't
ask what the content was following the erasure (because) she
had been on the phone only a few minutes and never heard the
whole thing until she listened to it with the Rhynes the
other day. (1 297)
Nixon has not talked with Woods about the erasure s i nce
October 1 , except that she told him a couple of t i mes that she
is terribly sorry, particularly when she read in the papers
that it lYas a Haldeman part and that there was such an upset
about it. Woods lYill call it a gap and Volner can call it an
erasure. Woods doesn 't like to admit being wrong and doesn't
think she can admit to being IYrong (because) she can ' t swear
t here ever was anything on that tape. That i s \,'hy she is
r eferri ng to it as a gap . She says she did push down the
r ecord button, but doesn 't renember if she had her foot on the
pedal and if she didn 't, it wouldn 't move. The machine would
have to move t o erase.
No one, including Nixon , advised Woods not to mention this
when she testified on November 8 . She didn ' t ask Nixon i.f she
should mention it. She thought they were talking about tapes
which were not subpoenaed . (1298) She didn't realize when she
was questioned about any accidental mishaps to tapes she
,
I
1
- 12 -
listened to because it was her first experience in Court
and she thought the people doing the questioning would
bring it up.
In response to Volner's question whether Powers didn't
go over this with Woods before she testified on November 8,
Woods says Volner is talking about a completely different
tape which Buzhardt talked about. They brought in the
wrong one on Dean. Powers didn't go over the June 20 tape
with Woods. Nobody went over it with her. Woods doesn't
recall that Powers asked in her direct testimony whether she
had ever altered any tape. She didn't alter it if he did
ask. (She doesn't consider erasing a portion of the tape
altering because) she hasn't heard anything on it to know that
she erased it. She told Nixon she had made a mistake in
having the record button down. (1299) There \wuld be no
effect in having the record button down if she didn't have
her foot on the pedal and she went in to tell Nixon and she
could go back and check. She didn't edit or change what was
on the tape. She doesn't remember Powers asking is she had
edited or changed what was on the tape. Even though she
didn't edit or change she reported to Nixon because she alwavs
reported anything that might have problems to him. She -
realized there was a gap in the tape and she might have caused
it . She wasn't and isn't sure she caused it.
Volner offers Exhibit 61. (1300)
Saturday or Sunday of this week Woods didn't listen to
the full tape, but did listen to the full tone, 18 minutes
or whatever it is . After the tone, conversation began with
something about delegates or Democratic Convention. To her
recollection it didn't pick up with discussion about SALT
talks. Volner says Woods said the last thing she heard was
the Ely conversation. Woods doesn't recall hearing anything
about Haldeman going to Cal ifornia with Pat Nixon or Nixon.
Hoods wasn't paying attention to the first thing she heard
when the buzz ended on Saturday . She recalls that it was
(1301) something about delegates, conve ntion, or Democratic
convention. That is as far as she listened. She didn't
listen to the end of the Haldeman tape. It had already been
copied to be turned in and she didn't ne ed to hear it .
Volner introduces Exhibit 61 and it was received in
evidence . (1302) Volner described Exhibit 61 and began to
draw conclusions that according to Haldeman's notes the
portion of the tape obliterated is the portion related to
Watergate. Nothing prior or subsequent to that was erased
from the tape. After objections were made (1303-1306) Sirica
said the exhibit would speak for itself and Volner read the
relevant portion into the record. (1307-1308)
;
1
t
- 13 -
Volner gave Woods Exhibit 60, 60A, and 60B (tape rec order,
foot pedal and earphones) and asked if that was how t he
machine was on October 1, 1973. Woods said the record button
was down when she discovered something was wrong. Prior to
that the foot pedal was attached to "micro remote control".
(1308) The earphones may have been attached to "earphones" .
Sometime during that day she used the earphones. The type-
writer sat on the left. If the top of the machine was up,
the typewriter carriage hit it every time it came across so
you had to work with it down. (1309) Normally Woods typed
and listened to the tapes at the same time. If you want to
listen (without the earphones) you unplug them and when the
machine is on start you can hear it through the microphones.
The quality was so poor she tried it with the plugs in and
out and sometimes with the foot pedal and start button down
at the same time. You push the same button whether the
earphones are in or out. If you put the earphones in you
cannot hear out of the machine. The other three outlets on
the machine were not used. (1310) Woods only got (the
earphones and foot pedal) and only used two outlets (on the
machine.) The other side (of the machine) has no outlets,
just the (speaker).
On October 1 she used the tone and volume dials. The
only button you need depressed to listen is the one marked
start and it would play forward. You stop it by hitting the
button marked stop, (1311) which is right beside the record
button. It is a little darker gray. On the black machine
the record button ,vas red. Here it is dark gray and all the
other button are light gray.
The foot pedal would also control start and stop and Woods
used it for that purpose part of the time. The foot pedal
would make the tape go forward and reverse so you could listen
to the portion you already heard, but it doesn't go back as
fast as if you use the keys. On October 1 Woods used the
foot pedal and buttons for forward, backward, and stop, but "hen
she got off the phone the r ecord button was down. She worked
several hours that day on it. (1312)
To make it go forward and reverse slow enough to type it
you use the foot pedal. Sometimes the start button with the
foot pedal makes it sound louder.
Woods hasn't the slightest idea hOI" the machine was ,.,hen
the telephone r ang . She was listening to it when the telephone
rang. To listen she would not necessarily have had the start
button pushed down. She could have star-ted it with he r foot.
If no buttons were pushed down, pushing on the foot pedal would
give you sound. Woods recalls she could start the machine
simply by using the foot pedal. (1313) She thinks she may
have put her foot on the pedal because she did t hat a few times
when she was on the phone. You get back maybe a page in your
typing because there is a backwa rd button on the foot pedal
and it's .easy to have your foot on both forward and reverse
I
I
,
- 14 -
at the same time. This messes it up by going forward or
backward depending on where your foot is heavier. It messes
up your place on the tape, not the tape itself. It doesn't
take anything off . (1314) After the telephone call the
record button which is the same color as all the others except
the dark gray start button, was down. She doesn 't know
if any other buttons were down. She assumes her foot was
on the pedal because she backed up . It' isn't possible that
she put her foot on the pedal when she realized what she had
done. She did not do anything deliberately. Her foot could
have been on the pedal, but she did not put it there deliberately
and try to go fon ... ard and erase. If she took (her foot) off,
it had to be there through the phone conversation, but she
doesn't know. She reached back and leaned off her chair to
pick up the phone . She could have kept her foot on the pedal
and picked up the phone .
After she hung up she doesn 't know hOI.,. soon she realized
the record button was on. She supposes it was the minutes she
looked at the machine. At that moment she shut off the
machine then moved the tape back so she could hear \.,.here she
was when she went on the phone . (1316) She back-tracked about
five and a half or six minutes, probably further than the
point \ ... here she had been when the phone rang. Then with
earphones on she pushed a button so she could hear it play
forward. Then she put her foot on the pedal. She doesn't
know if she pushed the start button. She mi ght have . She
would have to hear the click to say how good or bad. (1317)
She listened to what she heard be fore the phone rang and
continued and heard the buzz. She listened to the buzz for
a few minutes, maybe three or four minutes, not the full
length of the time she believed she had the record button
down. All she had to hear \ ... as the first buzz and it scared
her. Then she shut it off, waited until Nixon was free and
went in and talked to him.
Woods never heard anything from the portion of the tape she
erased. She doesn't know she erased it. She hasn't heard
any portion that isn't the re. (1318)·
This telephone call was maybe the 45th, 50th, or 60th
Woods received. She hopes this was the first time she pushed
the record button. She never pushed the record button at
any other time. She had the machine cl eaned and, I-Ihen they
were trying to bring up the quality of the machine, had
the record and dictate locked. She wil l have to ask the date.
It was after her testimony in Court . She will have to ask
the people who d id it to find out the date. (1319)
Woods pushed the button when she p icked up the telephone
because normall y if she had start on she would push stop so
the machine wouldn 't run on . It does not help the tapes to
have them get overheated . If she had taken her foot off the
foot pedal the machine probably would have stopped . She
I
,
L.
- 15 -
doesn't know why she pushed the button. She's done it
both ways. She pushed buttons forward and backward. This
isn't just one tape she worked on.
Woods didn't make a transcript of this. She hasn't seen
the typed notes since she gave them to Nixon. She doesn't
know (what) they typed. (1320)
Garment said Buzhardt woul d be delivering a copy of the
transcript tomorrow (November 27).
Nixon didn't ask to listen to what Woods had done. He
didn't listen to the June 20 tape in front of Woods at any
time other than on September 29 at Camp David. At Camp David
he listened to very small parts of it and maybe not even the
Ehrlichman-Haldeman testimony. (1321) He listened to two
or three parts and skipped around . On October 1 when Ivoods
reported what was missing he did not indicate that he had
already heard that portion. Woods doesn't know how many
portions of the tape Nixon listened to on September 29
and would have to look on logs to see how long he was over
there. He talked to Bull a f e \ ~ minutes and talked to Woods.
He listened and sympathized with their having to do this job
on a beautiful day but he didn't listen to any long full tape.
There was no discussion of Watergate during the portion
of the Nixon-Haldeman conversation Woods listened to. There
was no discussion of Ivatergate with Ehrlichman . (1322) Woods
heard no discussion of Watergate on the June 20 tape before
or after the buzz.
Woods has never discussed the contents of the June 20
tape or any other tape with Nixon. When she finished what
she calls the gist of the tapes she turned the only copy she
made over to Nixon or with anyone else. (1323)
Woods has asked lots of people what might have caused the
gap in the June 20 tape, whether it could have been a malfunc-
tion or whetl;l.er the tape could have been "Trong in the first
place. She discussed it with friends , people who use tape
machines a lot and who many times think they h ave a whole tape
and have nothing. She refused to give the names of people -
she had discussed i t with and at the bench Sirica asked
Volner to narrow the question down. (1324-1326)
Woods has spoken with no one at the White House concerning
how the gap may have developed except to tell Nixon something
had happened. She talked with secretaries who are not in
this area and who know these machines and with her attorney .
She doesn't believe she talked to Buzhardt about how it
happened. She does.n't knmv whether Nixon did . She has talked
with Buzhardt many times since October 1, but not about this
accident. (1327) Woods doesn 't believe that she reported to
- 16 -
Buzhardt that she pushed the record button and heard an
audible tone following that, but if Buzhardt says she did maybe
she did. She doesn't know. She just knows she told Nixon.
She doesn't recall that she talked about the gap with anyone
at the White House or counsel's office. She thinks Nixon
talked with everybody there.
She talked briefly with Buzhardt, Powers and Garment
about her testimony preceding November 8. (1328) She didn 't
speak with them all at the same time her testimony .
Powers has been ill. She hasn't talked to anyone in the
counsel's office since her November 8 testimony except to
return some tapes. She calls them on various things but
has not discussed her November 8 testimony. She didn't think
it was necessary. (1329) Besides her attorney and Nixon she
has not talked to anyone connected with the White House or I
White House counsel's office about this accident. In
preparation for her November 8 testimony she talked with Garment,
Powers and Buzhardt . She has no need to talk with them about I
her testimony on that date. She has not talked to them
prior to today about the gap in the tape. She talked to
Rhyne and his son. She has not talked with any of the White
House counsel in preparation for her testimony today.
Cou.t't vias adjourned until 10: 00 November 27.
..
"
' \
WOODS' TESTIMONY - 11/27/73
Re Exhibits 64, 65, 66, 67, 68
Woods did not type this document. Woods believes Bull
typed it. Exhibits 64, 65, 66, 67, and 68 are a ll Bull's
notes. Woods assumes Bull gave Woods Exhibit 64 when Woods
returned from Camp David. Woods has no definite date as to when
Woods received Exhibit 64. These documents were put in the safe
after returning from Camp David and have not been removed from
the safe except to bring to court. (1334-1335)
Re Exhibit 64
Exhibit 64 concerns Bull's explanation of the unavailability
of the April 15 tape of the conversation between Nixon and
Dean. (Volner reads Exhibit 64). (1336-1338)
Re Exhibits 65, 66, 67, and 68
Exhibit 65 is notes which Bull kept for himself. Woods did
not discuss the notes with Bull. Woods knew the documents were
in Woods' safe but did not look at them. Woods had no reason
to look at them because on each tape box Bull had (pl a ced)
the same instructions which were on a white pi ece of paper and on
those which BulJ knew, contained the opening statement of a
conversation. Exhibits 65 through 68 indicate the meter reading
on some machines. All the machines do not read the same when
the tape is turned back. Bull confirmed this to Woods. (Volner
reads Exhibits 65, 66, and
Woods never showed these documents to Nixon nor to anyone
in the White House counsels staff. Woods does not know the latest
date that these documents put in Woods' safe but thinks it
was shortly after Camp David. (1338-1342)
Woods' Telephone
The calls that come to Woods through the switchboard are
screened but there are quite a few private lines that corne in
which are not screened. Woods does not know whether 11hi te House
operators keep logs of Woods' calls. Woods' secretaries do not
know of some of the calls Woods has because of Woods' three or
four private lines which Woods answers herself. Woods' secretaries
do not keep a log of calls that Woods personally picks up. The
secretaries do not keep a log, but may make a note if Woods is
not there to ask Woods to return a call. Woods'
secretaries merely buzz and say who is on the line. (1342-1343)
- 2 -
Re Exhibits 65-68
Each note of Bull's that is marked good quality is of a
tape from the Oval Office. (1343)
october 1: Woods' Office
Woods used the Uher machine in Woods' office in the White
House. Normally there is room on the table for the typewriter
and paper. Woods' desk is perpendicular to the typing desk .
. Woods' typewriter is an IBM electric. On Woods' desk were
kept a stapler, quite a fe\v pens, two in-boxes and two out-boxes.
The telephone is in the left corner of the desk which would be
the furthest corner from the typing table. Woods has one telephone
with nine or ten lines on it. The phone is a call director.
There is one lamp on the desk, a small tensil lamp which is a
high intensity lamp. The typewriter was to the left of the
recording machine. Woods was working on it for several hours
intermittently throughout October 1. The foot pedal was
over on the left out from under the stand, toward Woods' left
side. Woods was using her left foot which Woods normally
uses for foot pedals even though she is not a lefty. (1343-1346)
On October 1, the tape was playing and the telephone rang
between 1:00 or 1:30 and 2:00. Woods thinks she still has the
same type\"ri ter. (1346)
Bench Discussion on WSPF's Technical Expert and on Question of
Bringing Woods' Desk, etc . to Court (1346-1353)
Exhibit 63
(Volner and Rhyne agree both the box and the reel are in
evidence.) (1355-1356)
October 1: Woods ' Office
Woods was wearing an earphone prior to the telephone call.
Woods did not leave the ear phones on during the call . Prior
to phone call, Woods had left foot on forward and start button
depressed and the machine going forward. The top of machine
was down because the carriage on the typewriter would hit it
otherwise. Woods doesn 't believe she had occasion \"here the
typewriter carriage hit the top of the machine . Woods had occasion
to open the machine to take it (a reel) off but usually did not
open it to look at a tape. Prior to the phone call, Woods probably
rewound the machine many times. To rewind, Woods pushed first
a backward button and then a stop button. Then Woods would
put the start button on again and put her foot down . Woods
normally kept her foot on the pedal and kept the start button on
because the sound was better. (1356-1359)
Woods kept the lid down so that she wouldn't hit it with her
typewriter and not so' that she wouldn't be able to see the tape.
I· .
- 3 -
Woods did not remove the lid because there was enough junk
without the lid sitting around. (1359-1360)
When the phone rang, (Woods demonstrating), Woods
pushed the record button and took off the ·. earphones. (During
demonstration, Woods lifts foot off pedal.) (1360A-1360B)
Woods believes she pressed the record button and kept her foot
on forward for four and a half to five minutes. This is what
Woods told Nixon and this is still her belief. (1360-B)
Woods did not push the record button before Woods took off
the earphones but probably took the earphones off first if the
bell was ringing. Woods assumes that she kept her foot on the
forward position because if there was anything on the tape that
is how it might have happened.
hanging up the phone, Woods saw the record button down.
Woods does not remember if the start button was still down.
Woods then the tape using the button for rewind rather
than the foot pedal. The foo·t pedal is not as fast for rewinding
and Woods only very rarely used the foot pedal to 1100ds
cannot remember if she used the foot pedal for on
October 1. (1360B-1360D)
The Tone: October 1
Woods then heard part of the conversation concerning Ely ,
Nevada, and then heard the tone. This was the first time Woods
heard the tone. The tone sounded shrill. Woods doesn't think
the tone was consistent. (1360D-1360E)
- q
Tuesday, November 27 (After Recess):
(Woods placed Exhibit 63, the tape, on Exhibit 60, the
machine. )
Woods had had the typewriter which she used on October 1
for a long time prior to October 1, but she has no idea how
long. She had the tensil lamp on her desk for 2 or 3 years
prior to October 1. (1361-1362)
When Woods first replayed the tape (the first portion of the
Nixon-Haldeman conversation) and first heard the buzz, she
listened for approximately 4 or 4 1/2 minutes. She dces not
recall hearing anything except the buz z , and did not hear
snatches of conversation intermittent with the buzz. ( 1362-1363)
;of
Woods assumes the machine would stop if her foot ',/as not on
the pedal, and she does not know if there is an
record (without the pedat since she has never recorded. (1363)
(Rhyne comments that the microphone should be turT.ed off
so conditions will be exactly as they were in Woods' c!fice,
but Volne r indicates that the tape will not be heard
the microphones. The Court allows the microphones to kept
on.) (1364-1365)
(The tape is played.)
The sound (on the Court-played taped) is a lot 1m-. :;,er than
that which Woods heard on October 1. She had listen=1 to the
sound for 4 or 4 1/ 2, at the most 5 minutes , and there
was either a malfunction in the tape or she had had t :.a button
down and taken off that portion of the tape . Woods stopped
listening to the sound at the point she thought she r.c.-=-
(gotten off) the phone, and when she stopped there
was still a continuing hum and she had no idea what
was followed by. When Woods went in to see Nixon she no
idea how much she had erased, and after Nixon told he= not to
worry about it she was not curious to find out how r:!::: .::h had
been erased since, if the t ape was not needed, she die not need
to type it. (1365-1366)
Nixon did not ask Woods whether there was any addi-::ional
erasure which followed the 4 or 5 minutes Woods told about.
(1366-1367)
first listened to all 18 1/4 minutes of eras-=e on
Sunday (November 25), and it was on the (Court-pl ayed) tape
which had been given to Rhyne by the White House.
Sunday was not the first time Woods had talked to she
had called and asked him to represent her late Thursca ; ', and met
wi th him around 11: 00 Fr iday . On Thursday af t ernoon, "i ood shad
been told by Haig that none of the l'lhi te House lawyer s would
come down to court with her, and Woods believes Haig called
., - 5 -
Rhyne to say that Woods might be calling Rhyne. Woods has known
Rhyne a long time . Haig is the only person Woods talked to
(about hiring a lawyer.) (1367-1368)
Garment had called Woods, probably on Wednesday, to tell her
that he had accepted a subpoena for her, which he was sending
over. Woods did not talk to Garment about her testimony, about
Woods getting a lawyer, or about the gap in the tape. (1369-1370)
Haig was probably the next person Woods spoke to (after
Garment) concerning the subpoena, and it was Haig who suggested
that she get an attorney of her Olvn. Haig did not indicate
that he had talked to Nixon. (1370-1371)
Nixon and Haig, probably at the same time, but possibly
separately, told Woods about the discovery of the gap, which
had been discovered by Haig or Buzhardt when the duplicates of
the tapes Ivere made. This conversation occurred around 6:10,
6:15 or 6:30 p.m. in the Oval Office, on either the day when the
tapes were copied or the next day. (Woods the n says it was the
evening of the day following the copying.) When Nixon told Woods
about the discovery of the gap, Woods could not believe there was
something like that unless there was a tape malfunction. She
told Nixon that she did not think her hitting of the record
button caused the long gap, because she thinks she would have
remember ed that long a phone conversation. Since Woods had
(on october 1) told Nixon about her hitting the record button,
she did not in this conversation "go back over that again."
Woods does not know whether Haig Vias p resent through her entire
conversation with Nixon or if Haig came in during it. The
conversation was only a couple of minutes. (1372-1375)
Woods has not talked alone with Haig about the tape, except
on the phone when he told h e r about gett ing a l awyer . She did
not discuss the substance of the gap (with Haig.) (1375)
(In response to the question of whether Woods h as talked
with anyone else concerning the gap), Woods thinks after the
gap occurred quite a few people around the White House knew it,
and she knows that Parker and Buzhardt were listening to tapes.
(1375-1376)
Woods was in the office when Haig brought Ha ldeman's notes
to Nixon, and although Woods does not recall when
this occurred, it was probably that night (when Nixon told
Woods about the discovery of the gap) or the next day. Haig hadap-
parently gone to vlherever all papers were stored, and as
Woods was leaving the office Haig said something to the effect
of here were the Haldeman notes. (137 5, 1376-1377)
.-M'.
- 6 -
in Court
(Woods/removed the tape from the machine, placed the machine
in the record position, and the machine did not move at all . without
the foot pedal.)
(The following was demonstrated during the testimony):
As far as Woods knows, the machine moves forward on only
one speed. With the record button r e maining pushed, when Ivoods
takes her foot off the pedal the machine stops. The machine
will also record if the record and start buttons are pressed
simultaneously, and stopping it also takes two fingers at once.
Only one function will not make the machine go forward. Woods
many times does more than two things at once. (1378-1379)
(Volner notes that while the machine is recording, the
counter is moving; and Woods indicates that one would not be
looking at the machine if one were talking on the phone and
making notes. (1379»
(On Obtober 1): Woods held the phone on one ear. She got the
pad of paper from right besid'e the phone where she always keeps
it, and the pencil was right beside the pad. She picked up both
the pad and pencil with one hand very easily, and with her other
hand she held the phone. (1379-1380) She wrote on her Jap, and
says she takes dictation from Nixon with the pad on her lap.
(1380) The desk is at a 90° angle from the typing desk and a
couple of inches higher than the typing desk. (1381) (Volner
notices that, in addition to the counter moving on the machine,
there is a meter \qhich moves when the record button is on.
Woods says she can do two things at once but cannot take
shorthand, talk on the phone, and watch that meter. (1381-1382)
Woods cannot show in court exactly the position in which
(on October 1) she was taking notes while on the phone. (1382)
Woods' desk has a pUll-out drawer with a writing board, and she
recalls that (on October 1) she was taking notes eithe r on the
drawer or on her lap, since that is interchangeable. She never
uses her hand to hold the phone besause she usually takes down
every phone calIon paper. (1382-1383)
(The Court suggests having a picture taken of Woods' desk
and her room layout. )(1384)
Woods would not have been facing the phone or the typewriter
but instead would have been looking at the pad. She can
demonstrate this from a photograph. (1384)
TAPE HEARINGS BEFORE SIRICA
28, 1973
ROSEMARY WOODS
Questions by Rhyne (cross)
Bench Conference:
Rhyne asked Sirica if Rhyne may publicly
object to the nature of the proceedings with Woods.
Sirica denied Rhyne's request, saying that he now
had the opportunity for questioning. (1388)
Volner then asked that the circumstances
of the photographs of Woods' office be made clear.
Sirica decided that, in answer to the re-
quest by the press for a copy of the tape, that he
would tell them that the lawyers of the three parties
oppose this because the experts still have to examine
these tapes. (1389)
EXhibit #92
Rhyne read the subpoena that Woods had re-
ceived from Garment. Woods was never told at any time
and did not understand from the words of the subpoena
that she was to produce any documents, machines, or
anything else to the Court. (1392) At no time has White
House counsel offered Woods advice concerning her present
t.estimony, or request that she produce any material s in 1:1
Court. 0393)
I
Exhibit # 59 and Exhibit #60
It was Woods' own idea to produce in court the
black tape recorder that she used at Camp David and the
machine she first used on October 1. (1393- 1394)
Bench Conference:
Ben-Veniste wanted it clarified that the Special
Prosecutor's office had requested that the tape recorder
be made available i n Court, and that Buzhardt had told
him that it would be brought. Garment knew nothing about
this. Rhyne's intent is to show that Woods independently
brought machines to show the truth. Sirica decided that
Ben-Veniste could bring this out through Buzhardt later.
(1395-1397)
Exhibit 59-60
Bull delivered machine (Ex. 60)to Woods on the
morning of October 1. It came from the Techmical Services
Department. Woods set it up herself with no explanations
from any technician. (1397) Bull helped her bring this and
Ex. 59 to Court. Woods never heard that Special Prosecutor or
el
se requested her to produce those machines. (1398)
anyone
}
I
2.

Exhibit #62, 64'166, 67, 68
Woods brought these documents to Court on
her own initiative because these were all of the documents
in her safe that related to the Current incident under
question. Woods purpose in producing materials was to
demonstrate to the Court how difficult and time-consuming
it was to transcribe the tapes . (1398-1401)
Camp David
Woods worked from about 10:30 a.m. on the 29th
to 3 a.m., then resumed work at 6 a.m. IDn the 30th,
working until about 4:30 p.m. After dinner with Nixons,
Woods returned to D. C. (1401-02)
October 1
When Woods arrived at her office at 8:05, the
new machine (Ex. 60) was not there yet. It came early
that morning. She used that machine for Ehrlichman
segment and all the rest of the tapes that she transcribed.
(1402) When Woods said that it took 2 1/2 hours to con-
clude Ehrlichman segment of June tape, this is time away
from phone calls, correspondence and callers, and that
there were numerous phone calls that day. Woods was also
physically exhauSed .
Woods never intended to use word "erase" in con-
nection with any of tfie gap on this June 20 tape, because
she does not know if there was anything there to erase.
(1404-5)
Exhibits #70-92
The record shows those present when the photo-
graphs of Woods' office were taken by a White House
photographer. (1405-6)
Questions by Volner (redirect)
Rhyne stipulates (1) as to the size of Woods'
desk : 6'1" length, approx . 3' in width, drawer on which
Woods may have written during phone conversation extends
1'8"; (2) other relevant measurements: Distance from
edge of Woods' typing table to edge of her desk= 2' and
they are at right angles. Her is in left-hand
corner of the desk at the corner opposite the typing
table . Typing table is 3' long and 1'8" wide. (1407-1409)
3.
Bench Conference:
Garment wanted Sirica to clarify from the bench
the fact that all three parties objected to g iving a
copy of the tape to the press. Sirica also decided upon
the procedure of making the photographs of Woods' office
available to the press. (1410-12)
At end of bench conference, Sirica announced
hi s reason for not giving out a copy of the tape , and
where the photographers could take their pictures of the
photographs. (1413)
~ x h i b i t s #70 and 71
Woods described the difference in the conditions
of her office when the photographs were taken 'and on
October 1. The lid was not there on October 1, because
the typewriter carriage hits it as wel l as moving the
lamp . The regular lamp is not the tensor in the photo .
(1414-5)
Exhibit #92
This photograph illustrates how Woods ' desk
looked on October 1, except for vase. Woods assumes
the phone was in this position give or take one- half nch,
because she pulls t he phone to the edge of a gold- rimmed
object on the desk every morning when she comes in .
Because they dust her office , she cannot be positive
about the position . (1416-1417)
Chair : (Exhibits #92 and 87)
Woods needs to roll her chair from the position
in which she was typing in order to reach the telephone,
and her foot remained on the pedal. (1417-18)
Pedal: (Exhibits # 72 and 72)
The foot pedal shown in these photographs
is not the one Woods used on October 1. (1418-9)
Woods has had two lamps in her office for two
or three years, a tensor on her desk and a lamp on
her typing title . (1419)
AnsIV'ering Phone
\'1oods answered the phone keeping foot on pedal ,
rolli ng back in chair , reaching for phone and pushing down
the button because it is the quickest way to take the notes .
out of all the tapes she typed, it is the only time she
left her foot on the pedal . (1419)
4.
Woods is unwilling to swear that she left her
foot on the foot pedal although it is "what everybody
thinks happened ... " (1420)
Woods is positive that she was not on the phone
for eighteen and one-half minutes. She did tell the
President that she had found the record button down and
that she couldn't hear anything after the point she had
transcribed to. (1420)
Woods estimates that the phone call was between
4 1/2 to 5 minutes. Within seconds after the call,
Woods realized that the record button was down and she
immediately turned it off. (1421)
Woods does not know if anything was on the
tape before she pushed the record button. (1421)
After the tapes were duplicated (November 14)
Nixon told Woods that an 18 minute gap was discovered,
but she cannot swear to any exact conversation. (1422)
-[Objection by Rhyne as to what time period
is specified. After Rhyne sufficiently confuses the
witness, Volner gets her back to November 14]
Woods told Nixon that the gap was "terrible" and
she had "no explanation for it." She did not listen
past the 4 1/2 minutes because she was not asked to type
it. (1423)
On October I, Nixon told Woods not to worry
about the gap. On November 14, Woods said she was sorry
and that possibly there was a malfunctioned tape . (1424)
When \'loods was talking to Nixon (November 14),
Haig came in with Haldeman's notes. Woods left the room
then. (1425)
In answer to objection by Rhyne, Woods' testimony
is read where she said she was afraid she caused the gap.
(1426)
Woods first says she doesn't knOl, if Nixon
mentioned the two distinct tones but possibly Buzhardt
or Powers did. She then changes to not believing he did
to finally saying he did inform her of the fact after
the duplication. She doesn't know if Haig informed
her of the fact. (1426)
5.
In response to the Court's question , Woods
says she was using earphones at the time of the phone
call. She could hear a loud buzz even with the
on. (1427-1428)
Responding to further questions by the Court,
Woods said she had worked 29 hours at Camp David and
was very tired. She realized the importance of the wor %
and the necessity of concentration. She asked that
only essential calls corne to her office. (1428-1429)
Woods says she doesn't know if Nixon talked
to her about two tones. (Third change in testimony
since 1426) (1430)
[Rhyne is worried that the questions are
toofast and can't be understood. It is obvious that
problem is his, however, rather than Woods'.J (1430)
Woods thinks that either Buzhardt or Powers
mentioned the two tones while working in Bull's old of f;ce,
probably a day or two after the duplication. She did
not later discuss it with Nixon. (1431)
Woods told Buzhardt and Powers that she had
J told Nixon that she was afraid she had caused the gap
of 4 1/2 minutes. She didn't discuss the possibility
someone else causing the gap. They did tell her that
listening to the tapes was difficult and that they
unders tand how she did the job as well as she did. (14 3: -
1432)
Woods had custody of the tapes from Septembe r 29
to November 14, but they were in and out during that
No one else had the combination to her safe . No one
listened to any tyaes in her office and no one took
out. (1432-1433)
At· Camp David Steve Bull listened to enough
of the tapes to mark the convers ations. When the
sation of June 20 was on the machine, Nixon p layed
of it, seeing what a difficult job it was. Woods doesn '
know how long he listened or what parts he listened to.
(1433-1434)
When Nixon left Woods unplugged the earphone
and went back to work. She went back to the numbe r on
the machine where she had left off. She can't remembe r
whether she had to rewind or go forward to get there.
(1435-1436)
1-
'J.:
6.
Woods has not discussed with Nixon or the
White House counsel who may have caused the 13 extra
minutes or gap or whether s he may have caused the entire
18 minutes. She saw Buzhardt the day before, but did
not talk with him. (1436)
Woods has been told that the White House counsel
cannot represent her so she has not talked with them.
She may have spoke. wi th Buzhardt about the 4 1/2 minute
gap. (1436-1437)
In examining Photograph #78, Woods confirms
that her hand is on the chair with a pencil in it. She
claims she is not holding on (and wouldn't be able to
with the pencil), but does admit to at least balancing
with the hand. (1427-1438)
Woods says she would have shifted away from
the typing desk in reaching for her phone. She had
a notebook by the phone that she used in her lap or on
the pullout desk extension. (1438)
Woods normally leaves her intercom button
down so that she can pick up the receiver without pushing
a button. She does have private lines and the direct
line to Nixon, however, that would require the pushing
of a button. (1439-1440)
Woods has no recollection of whether on
october 1, she received a call directly or through the
intercom. (1440)
Woods picks up the phone with her left hand,
she pushes the button with whichever hand is free . She
cannot remember how she did it on October 1. (1441)
Exhibits 78 and 92 both show Woods reaching for
the. phone. (1442)
[Woods states that Volner asked her to pose
for #92 and Volner attempts to correct this misstatement.
Sirica makes his famous inappropriate remark about
"two ladies getting into an argument."l (1442Y
Woods says Exhibits 92, 85, 73, and (78) reflect
her stretching. She is reluctant to say her hand is
balancing on her chair in" each case. (1443-1444)
Woods says she was not asked to prove that
she could reach for the phone without balancing while
the photographers were in her office. (1445)
7.
Woods is sure she used her left foot on the
pedal she used on October 1. It was a different pedal
for the photographs (and used on NBC the night before.)
(1445-1446)
[Ben-Veniste objects to Rhyne talking to
the witness. Rhyne objects to the broad questions of
the location of Woods' feet when she was not asked
specifically to pose.] (1446)
Discussion between Rhyme, Court, and Volner
was about who directed the photographing. Conclusion
by the Court was to let the photographs speak for them-
selves. (1446-1447)
Woods again says Volner did make some state-
ment about one of the pictures. Volner says her state-
ment was that she did not care one way or the other if
Woods was in the picture. (1448)
Woods acknowledges that she practically panicked
and was scared when she heard the buzz. She realized
that some "mistake had been made. (1449-1450)
Woods typed the suppoenaed tapes and one other
in response to Jaworski's letter . She knows of no
other gaps although there were funny noises at times.
She has no knowledge, direct or indirect, of gaps from
other sources. (1450-1452)
Woods' typewriter and tensor lamp are marked
Exhibits 94 and 95 and rece ived. (1462)
8.
BUZHARDT
Redirect by Ben-Veniste
September 28 Conversation with Haig
Haig, by phone, requested Buzhardt to provide
list of subpoenaed materials. Buzhardt sent a copy
of the subpoena to Haig for the President. Buzhardt
does not recall sending subpoena to Haig previously, but
might have. Buzhardt was probably aware that President
intended to review t apes. Bnzhardt has p inpointed this
date because f rom previous testi mony he learned that
this was the date Bull had gotten subpoenaed tapes, so
Buzhardt checked with Haig's telephone logs for Sept.
28 and 29. (1463-1467)
Prior to September 28
This September 28 conversation with Haig was rot
the first time Buzhardt had di scussed item lao of the sub-
poena. (1463) On one earlier Buzhardt had
prepared a list of tapes' subpoenaed, both by grand jury
and by Senate Sele ct Committee. (1466)
September 29 Conversation with Haig
Probably the day after September 28 Haig, by
phone, asked Buzhardt what specifically was covered by lao
of the subpoena and Buzhardt said it c overed the conversa-
tion betlveen the President and Ehrlichman a nd that there was
an error in assuming in the subpoena that Haldeman
attended the meeting. Buzhardt does not recall if Ha ig
prefaced his question wi th comment that peopl e were listening
to the tape or that there was some question of ambiguity
of if Haig said there was some question or confusion or
uncertainty . Buzhardt does not recall asking Haig why
he was making this inqully. (1467-1470)
Prior Discussions with Wright re Item lao
Buzhardt consulted with no one prior to giving
opinion to Haig about item lao Buzhardt worked with Wright
on litigati on over the tapes but does not reca ll ever dis-
cussing item lao with Wright. (1471)
Discussion with Nixon about Subpoena
Some time after Ehrlichrnan testified in the
Senate, maybe before or maybe after August 13, but probably
not later than end of August, Buzhardt met with the President.
The President inqui red why certain items on the subpoena
were subpoenaed. The June 20 conversation was one of the
ones Nixon asked about and Buzhardt said he assumed they
wanted it because Ehrlichman had testif ied that Watergate
9.
matter had been discussed. Buzhardt does not think
that another of his reasons as to why that conversation
was subpoenaed was the fact of the meetings of Nixon's
advisor s that morning. Buzhardt does not recall Nixon
voicing an opinion as to the accuracy of the
At this time Buzhardt consulted the subpoena but no
other sources and did not discuss the mat ter with Wright.
Buzhardt has made no attempt to determine the date of
this meeting from Nixon's log. (1471-1474)
Buzhardt vis-a-vis Wright
Buzhardt and Wright worked together in pre-
paring arguments on the tapes, but Buzhardt did not
have greater access to the documentation. Buzhardt did
not know the basis for Wright's statement in argument
that one of the tapes contained national security in-
formation too sensitive to be r eveal ed to Wright. Nixon
had told Wright this but no one has told Buzhardt
what this was about. Buzhardt is quite sure some very
serious national security matters are on the tapes in the
Court's custody . (1475-1476)
Buzhardt 's Opinion re Subpoena
In advising Haig what was subpoenaed and what
was not, Buzhardt had subpoena in front of him and Buzhardt
consulted the source material from which the logs furnished
to the Prosecutor's office were prepared, which material
showed that the President met with Haldeman a f ew moments
after he met with Ehrlichman . During September, Buzhardt
was talking to Cox regarding subpoena and other matters
but it never occurred to Buzhardt to clarify with Cox
what the subpoena called for. Buzhardt does not recall
the date the official logs of the President's June 20 meetings
were provided to the Special Prosecutor's office. (1 477-14 78)
Exhibit 96 - Haldeman's Diary June 20, 1972
Received into evidence on prosecutor 's represen-
tation that it was furnished by Haldeman prior to Grand
Jury issuing subpoena. (1478-1479)
Exhibits 97 and 98 - Buzhardt l etters to Cox
Exhibit 97 was sent on July 25 with a large
enclosure, Exhibit 98, written on July 26; received into
evidence . Exhibit 97 enclosed logs of Ehrlichman meetings
with the President, including June 20, 1972; Exhibit 98 is
same regarding Haldeman and contains meeting of June 20, 1972
between the President and Haldeman. Buzhardt has no know-
ledge that Prosecutor's office had these White House logs
prior to the time Buzhardt supplied them. Exhibit 96
appears to conflict with President ' s logs . (1480 - 1482)
10.
Exhibit 99 - August 13 Memorandum in S';'::>port
Received into evidence ; is sure he
saw this about August 13. (1482-1483)
Interpretation of Subpoena Item lao
Exhibit 99, page 5, does not show anything about
a clarification. Paragraph beg ins " ro:ee -::i ng" singular.
12:45 p.m. coincides exactly with the Haldeman left
the President's EOB office on June 20. Paragraph at middle
of the page three does not indicate joined
Ehrlichman-Nxon meeting. Buzhardt hac Exhibit 99
for about six weeks when Haig made _ ::":lquiry about
interpretation . Buzhardt read Court c':' Appeals October 12
decision. Buzhardt's November 26 indicate s
Buzhardt did not realize until 14 that conversa-
tion between Nixon and Haldeman on 20, 1972, was
rightfully included in the subpoena, Buzhardt thinks
it was not necessarily included and we decided to
supply it because Prosecutor's office it. Buzhardt
decided Prosecutor's office wanted i t because Prosecutors
said anything on November 14 but from very
careful reading of paragr aph 1, interpreted
prosecutors were attempting to expanc from one
meeting to two. Al though under Bu :: 's unde r s tanding t-
there was no meeting between the three as
called for in the subpoena, Buzhardt not think he
should provide nothing proc-=-::e the most
nearly identifiable thing. (1483-148 7 )
Preparation to Reply to Subpoena
When ready to reply, (and co-counsel--
Powers) went into great detail to stuc: precisely all in-
formation with regard to subpoena. study did not
include Haldeman's logs, which he hac -=:-=.ken with hi m;
Buzhardt was later furnished copies 0:: ::.hem but. neve r
examined them. Buzhardt started to on index and
sununary on November 14, although he have done some
preliminary work sometime before then. (1487-1488)
Buzhardt does not recall on November 5
that he was leaving court hearing to C2Yote time to
preparation of index and summary. At time , Buzhardt
was a witness. Before beginning they had to set
up procedures for copying the origina: They started
-
11.
the search for some of the documentation called for in
the subpoena, but Buzhardt does not remember when that
search began. In the search, Buzhardt did not find
Haldeman's notes (Exhibit 61) immediately. (1489-1490)
Finding Haldeman's Notes-Exhibit 61
Buzhardt first saw Exhibit 61 on November E or
16. They had not searched Haldeman's files at that point.
Although Buzhardt had asked Haig to search for some items,
he asked and a secretary to search Haldeman's file.
Buzhardt asked Higby to begin search on the day Buzhardt
found out. No one had told Buzhardt the contents of those
notes (Exhibit 61) prior to November 15. Buzhardt went
with Higby to look for the notes but Higby did the searching.
A Secret Service agent accompanied them. Higby brought
the document to Buzhardt, Buzhardt identified it, Buzhardt
does not recall discussing it with Higby. In the presence
of the Secret Service agent they made a copy and placed
the copy where the original had been. (1491-1492)
Procedures Regarding Files in Storage Room
In late Mayor early July, Buzhardt issued in-
structions to Sims that no documents were to be removed
from that storage room by anyone. When Buzhardt started
providing original documents to the Prosecutor's office
and others, he instructed that Secret Service keep a log
of all documents as they Ivere removed, by nature of docu-
met, date, and person removing, and that copies immediately
be made and placed in the files. Buzhardt believes these
instructions have been followed in every case. Buzhardt
also had instructed that people were not to copy or
make notes of the things they were permitted to examine ,
and he thinks on one a person did make some notes.
Buzhardt knows of no missing documents or documents
destroyed. (1492-1495)
Buzhardt-Powers Review Haldeman's Notes
After getting Exhibit 61 from Higby late in the
evening on 'November 15, Buzhardt and Powers examined the
notes. Buzhardt does not recall their conversation. At
that time they were aware there was an 18 minute segment
on the tape had been since the night before, that
there was nothing but, a hum. They discussed getting
technical advice on tn€ possibility of bringing out the
erased portion. "[I)t is obviously a portion of the notes
which reflected an apparent discussion of Watergate on the
audible part of the tape. ' And possibly some other material
was not on the audible part of the tape or the second tape."
(1497) [emphasis added , check with court reporter re trans -
cription) (1495-1497)
1
,
,
12.
Knowledge of Topics of Haldeman - Nixon June 20, 1972 Conversa-
tion
Buzhardt has never interviewed Haldeman, has
never learned from any source what Haldeman's recollection
of the meeting was, has discussed it with anyone, and
has never specifically discussed with Nixon what was said
between Nixon and Haldeman on June 20, 1972. (1497-1498)
Buzhardt's First KnO\vledge of Tape Obliteration
Probably in early or mid-October either from Nixon
or Haig, each of whom Buzhardt talked
to once, Buzhardt was first told about Woods' accident.
Buzhardt guesses this date because since November 14 the
President told Buzhardt that they had discussed it shortly
or some time after it occurred. Buzhardt was told that
Woods had made a 4 to 5 minute erasure on the
tape subsequent to the subpoenaed conversation. Buzhardt
does not recall if he was told the erasure was in a con-
versation with Haldeman, but he learned that recently
when he checked the logs. Buzhardt asked no questions
about but he was asked, probably by the President,
"only the conversation subpoenaed" and Buzhardt said
yes. (1502-1503) Buzhardt did not ask how Woods had the
tapes in her possession of how she happened to make the
mistake. Buzhardt does not recall whether he was told at
this time that Woods was transcribing the tapes, but he
thinks he learned that later. Buzhardt does not recall
talking to Woods about the tapes at this time. When
first advised of the erasure, Buzhardt made no attempt
to listen to tne portion of the tape and did not ask if
anyone had listened to it to determine no subpoenaed . . part
had been oblite rated because he was told it was not a sub-
poenaed conversation. (1498-1507)
November 14 Buzhardt' s Reading of Memorandum .. " supp<,yr
This was first realization Prosecutor wanted two
meetings, not one. (1507-1510)
Copying of Tapes November 14
Buzhardt did not attend copying of the tapes but
was advised, after the 14th, by Bennett or Houser that in
copying they could tell there were spots where there were
apparently no conversations on the tape. (1510-1511)
13.
J. FREDERICK BUZHARDT (following recess - que stions by
Ben-Veniste)
Copying Tapes
At the time that the tapes were copied, a re-
presertative of the Special Prosecutor as well as one from the
White House were present. (1521)
Gaps in Tapes
Buzhardt knows of no other mistakes, alterations,
or gaps relating to any White House tape, eithe r subpoenaed
or not. (1521) Buzhardt explained that sounds other than
conversation could trigger the system. (1522) Also it
was reported to Buzhardt that there were substa ntial
periods lasting several minutes in which the me ter registered
but no sound except that of the actuation was made. It
was not reported to Buzhardt that the silences in question
meant that there would be no sound of actuation but that
it was not registering any sound at all. (1522-23),
Determining Reasons for ' Gap
After discovering the gap on November 14,
(sic-Buzhardt and others) continued to review the other
tapes to determine if there were any other problems
IYith the subpoenaed ones. On Friday morning, \,e (sic)
consulted HOIYard Rosenblum, a technical expert IYith NSA,
to ask that if there had been an erasure, was there any
to recover that material. After that Buzhardt ,
using similar machines and subsequently the a c tual
machines, personally attempted to duplicate the sounds
that were on the tape. (1525-6)
November 14
We (sic)-(Buzhardt and Powers) started in
chronological order of the subpoena to an index
of the material. After running .through Ehrli chman
June 20th taped conversation several times anj identifying
benchmarks, lYe moved on to subsequent convers3tions .
Buzhardt found about a three minute gap Ehrlichman
and Haldeman conversations, although it shows a n log as
six minute gap. expected the bu= = , but the
length of the tone shocked him. He did not t3lk to any-
one else that night about this and he believe s only he
and Powers were there. (1527-1529)
Buzhardt first told Powers of the accident tr.3t night
when they were working on the Ehrlichman cony-=::sation.
It did not occur to Buzhardt to inform Powers e arlier.
(1529-30)
• ,
14.
Preparing Woods for Court
Ben-Veniste had previously (before Nov. 14)
told Buzhardt he would call Woods and him as witnesses.
Buzhardt did not discuss her testimony with her or with
Powers, and did not see her not to tell Powers about
the gap.
One time when Powers and Garment were talking
to Woods, Buzhardt went in, but did not participate with
them in discussing her testimony. A few minutes before
seeing Garment and Powers, Buzhardt asked something, but
cannot recall what. (1531)
Woods-Buzhardt Tape Discussions
Buzhardt had discussed tape matters with Woods
on occasion prior to her testimony. When they had
these discussions, Buzhardt did not know \'loods was going
to testify anyway. Buzhardt feels it would have been
improper for him to have helped Woods to testify. (1532)
Powers
Buzhardt did not consider informing Powers of
gap on tape a top priority matter because Buzhardt at
that time believed it was not a subpoenaed tape. If it
had occurred Buzhardt, he probably would have told
Powers earlier about this. (1532-3)
Informing Haig
Buzhardt discussed the matter of erasure with
Nixon and Haig on the fifteenth. Buzhardt first met
privately with Haig in Haig's office. Buzhardt informed
Haig that the conversation with the 18 minute gap was
sought under the subpoena, and that it shoWd be turned
over. There was also a signa} on it that Buzhardt
could not identify. Haig replied that it was pretty
late to be discovering that this was a subpoenaed tape.
(1534)
Buzhardt reported the tones on the June 20
to Haig in order to get the message to Nixon or to set
up a meeting with Nixon. Buzhardt doesn't recall what
Haig said at the time. (1535)
Later in the day, Buzhardt informed Haig that
a review of the subpoenaed tapes was continuing. (1535)
Even later in the afternoon or perhaps the evening,
Buzhardt met with Nixon and Haig in the Oval Office.
At that time Buzhardt described the sounds on the
tape. (1536)
15.
Buzhardt explained to Nixon that an 18 minute
gap existed rather than a 4 1/2 minute one as he had
earlier been told. Buzhardt was unable to explain what
happened but cannot remember any further details of the
conversat ion. (1537)
Nixon could not recall what the erased conver-
sation was about, but suggested trying to find Haldeman's
notes. (1538)
The subject of whether the conversation could
be brought out was discussed. Buzhardt said he would
find out whether that was possible. (1538-39)
Making a disclosure to the Court was discussed
and it was decided that the tape should be turned over.
Buzhardt realized what a serious situation this was,
but the discussion was directed to including this tape
in the analysis and index being made rather than dis-
closing the obliteration to the Court. (1540-1541)
On November 20th, the White House applied for
an extension to the deadline for turning in the index
and summary, citing Powers' illness as the reason.
There was no discussion of including the fact of the ob-
literation in the reasons for the extension, but there
was discussion that the White House would not wait during
the period of the continuance to make disclosures to
the court about the matter. (1541-1542)
Buzhardt never felt that he was not getting
all the information relevant or pertinent to his ability,
to represent the White House. (1542)
Buzhardt cannot explain the fact that he accompanied
Zumwalt , Sims, and Bennett to the vault on October 31, to
get three tapes when Bennet actually had those tapes with
him. (1542-1543)
Buzhardt feels that it was his own carelessness
in riot inquiring that led him to say all the tapes were
in the vault when the hearings began on October 31. (154 3)
Buzhardt used Woods' transcripts when making the
index and analysis of each of the subpoenaed tapes. (15 43 )
Buzhardt thinks most of these transcripts came from Nixon
himself. Woods may have given him one or two. On one
. - - - - - - - - ~
1
16.
occasion he took a transcript back to Woods for re-
checking -' and improvement if possible. (1544)
After hesitating to say he is contradicting
Woods, Buzhardt does say his testimony is different
from hers on the point that she saw the transcripts
after giving them to Nixon. (1544-1545)
Buzhardt doesn't believe Woods' transcripts
were included in the subpoena,but they would be available
if the Court rules they are included. (1545-1546)
There was no typing of Haldeman's conversation
on the June 20 tape in Woods' transcript. (1457)
Buzhardt talked with Woods about correcting
the transcript before the 14th. (1547) It was at this
time that he discussed the erasure with Woods . (1548-
1549) Buzhardt cannot place the date definitely, but
estimates late October or early November. (1549-1550)
When discussing the correction of the transcript
Woods asked if Buzhardt knew about her mistake. After
he indicated he had heard aboutfue mistake, Woods showed
Buzhardt which button she pushed and may have asked if
Buzhardt wanted to hear the tape. (1550-1551)
Buzhardt knew Woods had access to the tapes,
but not necessarily that they \vere in her office . Buzhardt
did see a tape recorder in her office. (1551)
TAPE HEARINGS BEFORE SIRICA
NOVEMBER 29, 1973
OJ 2. 1.-
I
Buzhardt Conversation with Woods:
Buzhardt had a conversation with Woods concerning the
erasure , which was part of conversa tion concerning Woods
improving on the writings of a subpoenaed conversation which
she had previously typed. Buzhardt believes thi s conversation
would of had to occur after Woods completed transcribing all
the conversations subpoenaed . Buzhardt does not have an
independent recollection of when this conversation took place .
Buzhardt cannot say if it was a matter of days or a week after
Woods had transcribed all the tapes. Buzhardt rna ; even be
mistaken about Woods having completed the transcription befor e
the conversation took place . Buzhardt recalls that Woods
did not have the tapes in her possession at the time of the
conversat ion . (1557-1558)
Buzhardt does not i nform White House counsel :
(Even though Buzhardt had conversation with Woods about
erasure around time of inception of these hearings) , Buzhardt
did not advise anyone in the White House counsel staff until
a ft er November 1 4 or on November 14. Buzhardt does not recall
advi sing anyone else aside from White House counsel staff .
(1558-155 9)
Buzhardt conversation with Woods:
Buzhardt does not recall which transcript he Ivas bringing
for Woods to improve upon. The transcript had many places
where the word inaudible or similar word was . Buzhardt recall s
nothing e l se about thi s particular transcript . Buzhardt did
not know that Woods could have improved upon the tape if it
said inaudibl e. Buzhardt brought the tape to Woods with the
unde r standing that she would listen to the tape. Buzhardt
thinks it unlikely that this could have been the June 20
conver sation between Nixon and staff at the EOB. Woods said
something about if Buzhardt wi shed to hear a tape. Buzhardt
does not know if she was referring to the June 20 tape or to
the one which the transcript was from. (1 559-15 60 )
Buzhardt does not remember how the subject came up - Noods
asked Buzhardt or he told her - but dur i ng the conversation
it came up that Woods knew that Nixon had told Buzhardt that
Woods had made a mistake and erased a segment of a conversation,
or she had an accident or something to that effect. This was
a very short remark Ivi thout much detail . Bu zhard t thinks \ ~ o o d s
indicated that she pushed the recor d button and reached over
I
\.
and indicated the record button on the machine . Buzhardt told
Woods that he didn't want to listen and wa s i n a hurry . (1 560-1561) .
f
Review of transcripts and tapes:
Buzhardt revic\<Ied t he transcript before Buzhardt had the
opportunity to li sten to any of the conversation along with the
I
2
transcript. Pmqers and Buzhardt listened independently -to the
tapes to determine the accuracy of the statements made in
the analysis and index which was submitted to Court on Monday,
and did not rely on Woods' transcript. (1561)
Conversation with lvoods on 15th:
Buzhardt had a conversation with Woods on the evening
of the 15th in the office located between Nixon's office and
Woods' office. This meeting occurred either just before or
just after Buzhardt had spoken to Nixon. It took place before
Buzhardt found Haldeman's notes. Powers was also present and
someone else, possibly Haig but Buzhardt is unsure. There
was very little substance to the conversation. Some mention
was made of the problem when Woods came into the office; she
went next door and brought in her tape recorder. Buzhardt
doesn't believe she ever put the recorder down. Probably
Pmqers asked to see the recorder. Woods shov.;ed Powers the
recorder , indicated that she pushed the record button and left.
Woods was probably in the room for only a minute or so.
Preceeding the request to bring in the recorder, there may
have been some conversation, but Buzhardt does not-recall
any. It may have been that Buzhardt was not listening since
he was working on the index and analysis. There could have been
some conversation between Haig, _ Powers, and l'i'oods, but Buzhardt
cannot recall any . Powers , Woods, Haig , __ and Buzhardt in
the same room at this time.
Woods into the room, Powers, Haig, and
Buzhardt were on the problem of the erasure of the
tape. Buzhardt does not recall a thing about this discussion
since there was nothing much said about the erasure . (1561-1564)
Buzhardt does not remember asking Woods about how it was
that there .Ias 18 minutes obliterated and that she remembers
making only a five minute erasure. Buzhardt does not remember
this being said on this occasion although the entire matter
was on Buzhardt's mind . Buzhardt does not recall anyone asking
Woods for an explanation of this matter at any time in Buzhardt's
presence. (1564-1566)
Meeting of Haig, Powers, and Buzhardt on 15th:
Late in afternoon of 15th, prior to conversation with
Woods, Buzhardt had a conversation with Haig and in the
office between Nixon's and Woods ' in West Wing. Haig told
Buzhardt that \'loods recalled the erasure but that she erased
four to five minutes of the conversation. Haig did not in-
3
dicate that he had spoken to Woods about this, Haig
indicated that Woods had talked to Nixon about it and
Buzhardt was under the impress ion that Haig heard this
H H ~ H X X X from Nixon and not from Woods directly. Buzhardt
concluded after he spoke to Haig, that Haig spoke to
Nixon, and Nixon spoke to Woods about this incident and
Nixon reported back to Haig . Buzhardt is unsure whether
or not Haig indicated that Haig was not present when
Nixon had this ronversation with Woods. Buzhardt does
not specifically recall Haig telling Buzhardt that
Nixon asked Woods how there could be this discrepancy
between four and five minutes and eighteen minutes.
Buzhardt has the impression that this was the case. i
(1566-1569)
Rzhardt explained to Haig the entirety of the
problem in the morning . Buzhardt is unsure if Buzhardt
reiterated this to Haig in the afternoon. Buzhardt
talked to Haig two to four times that evening. At some
point, Haig and Buzhardt discussed the problem of the
length of the erasure and the fact that they would have
to get Haldeman's notes . They also discussed whether
or not it was a subpoenaed conversation. The subject
of Haldeman 's notes was discussed by Buzhardt and Haig
before they went in to see Nixon and then they discussed
it with Nixon. (1569-1570) Some time before seeing
Nixon, Buzhardt had the conversation with Haig . The
fact that Haldeman's notes would be he lpful was discussed .
After seeing Nixon, Buzhardt went with Higby to get
the Haldeman notes because Higby couldn't be found until
after Haig and Buzhardt met with Nixon. (1570-71)
The entire time Buzhardt had this conversation
or conversations with Haig, Buzhrdt did not ask Haig
whether Woods would be available to be interviewed .
Haig did not trYLto provide Buzhardt with an explanation
of the 18 minute erasure. Haig provided Buzhardt with
the substance of what Woods told Nixon which didn't
satisfy Buzhardt. Buzhardt cannot recall anything
else occurring in series of conversations with Haig prior
to time Buzhardt met with Nixon. (1570-71)
Evening of 15th: Buzhardt, Haig, Powers , and Woods
Buzhardt did not remove ,voods' t ape recorder
at time she brought it in to show (Bu zhardt, Haig, and
Powers). ·Woods brought the recorder in , and left with it
without pulling it down. The purpose was for Buzhardt or
f
1
/
4
Powers to see the recorder since Powers had not seen it .
The recorder was a Uher, th universal on the front of
it. There were not attachments on it and Buzhardt
did not notice a serial number on it. (1511-72)
Buzhardt, Haig , Nixon Meeting of the 15th of November
Buzhardt met with Haig and Nixon on the 15th
in the evening after dark. At this time we (sic)
had sent for Higby. Buzhardt does not know for sure
that Higby had worked for Haig . There was no particular
reason that Powers did not attend this meeting . Powers
was available and was informed as to the context of this
problem. Buzhardt explained to Nixon about the length
of the conversation which was not intelligible. Buzhardt
explained to Nixon after referring to the memo filed by
Prosecutor's office on August 11th, that we (sic) had
concluded that it would be proper to supply the conver-
sati on betwee n Nixon and Haldeman to the Court , that we had
therefore reviewed it, that we had discovered that there
was an e r auLe not for four and a half minutes, but for
18 minutes, and 15 seconds. Buzhardt explained to Nixon
the character of the noise that was on the tape . Buzhardt
told Nixon that Buzhardt and (Ha i g ) were in the process
of getting Haldeman ' s notes . Nixon said that Nixon had
no idea what the conversation on the tape was. Nixon
asked Buzhardt if Buzhardt had an expl anation of how
it occurred and Buzhardt told Nixon that he didn ' t .
Bu zhardt thinks Nixon said that he was baffled by it .
Buzhardt was asked if he was sure that this -conversation
was covered by the subpoena . It was discussed that
Buzha rdt had previously said that it was (only) one
conversation that was cove r ed the subp6ena . It was
a brief meeting, lasting only about 7 minutes . (1572-
1575) Nixon may have made a r emark at this meet i ng as to
some thing Woods has said to Ni xon ear lie r, but Buzhardt
does not r ecall. (1575-1576)
Nixon had already known that instead of the four
mi ntes , there was an 18 minute e rasure , via Haig. But
Buzhardt went over this with Nixon anyway . (1576)
I here was some discussion with Nixon about the
fact that Woods could recall four to five
minutes and that the tape had 18 minutes erased . Buzhardt
explained that there were two different and distinct
audible tones on the tape . Buzhardt explained the
character and length of tones to Nixon . Nixon did not
suggest any explanation according to Nixon ' s conversation
with Woods for the 18 minutes. Nixon said he was baff l ed
by it. (157 6)
5
Nixon did not disagree with Buzhardt that
the Haldeman conversation would ve to be turned over.
Nixon did not indicate a complete understanding of the
circumstances. Nixon did not understand why the sub-
poena said a conversation and that conve rsations at
two meetings shnid be furnished. Buzhardt explained
to Nixon the circumstances of that. Nixon then did not
say he agreed or disagreed with the turning ove r of the
Haldeman conversation. Buzhardt assumed since Nixon
did not disagree, to go ahead and to turn over the con-
versation. Nixon did not suggest that the Haldeman
conversation should be turned over. (1576-1678)
Buzhardt cannot recall if there was anything
discussed about these hearings with Nixon. Buzhardt
may have told Nixon that we (sic) were in the process
of preparing the index and analysis for the Court and that
the Haldeman conve rsation would b e included. Buzhardt
does not believe that on this evaing, he indicated to
Nixon that if the diiteration were disclosed, it would
probably mean the reopening of these hearings. There
was not a discussion wlj,tn Nixon about a sking for an
adjournment on the providing the inde x and analysis.
At this time we (sic) thought we would be able to com-
plete the analysis by Tuesday. It was after Powers be-
came ilIon Sunday morning that it became appa rent that
the index and analysis could not be completed.
(1578-1579)
Conversation with Haig on November 16 re Rose nbloom
Buzhardt probably had a conversation with Haig
on the phone and gave Haig the substance of what he found
out from Rosenbloom on the morning of the 16th. Buzhardt
had advised Haig that he was going to consul t th Rosen-
bloom. Haig was interested in the informa tion Buzhardt
would find out from Rosenbloom. Buzhardt thought Rosen-
bloom would be qualified to give him some indication of
or not material on the tape could be recovered.
(1579-1580)
Rosenbloom had met with WSPF in connection with
trying to assemble a panel of experts to analyze the
tapes. (1580)

l
6
Buzhardt did not ask Haig for permission to let
Rosenbloom in on a secret. Buzhardt discussed with Haig
whether or not there was an erasure , (at this time
Buzhardt was assuming that there had been an by the
impression of a recording head on a tape) and find out
from Rosenbloom if such an incident occurred, it
was possible to recover the conversation. This was the only
question discussed with Haig. (1580-1581)
Meets With Rosenbloom and Powers
Buzhardt met with Rosenbloom with Powers present.
They asked Rosenbloom the hypothetical of could a
conversation be recovered after it had been erased. They
discussed the types of tape and possible types of recording
heads. Buzhardt did not indicate that the tape would
be the type used in White House system. Buzha=dt did not
discuss the Sony or Uher recorder. Rosenblooc said it would
be a very remote chance of recovering (1582-1583)
Buzhardt passed on the information ::rom Rosenbloom
to Haig. Buzhardt cannot recall Haig saying in re-
sponse. (1583)
Buzhardt did not then meet with
The 16th
5
(H83)
Buzhardt did not talk to Woods on 16th.
No one reported to Buzhardt furthe= about any
conversation with Woods on the 16th.
Buzhardt did not speak to again on the
16th.
Buzhardt did not discuss the matte= f urther with
Haig on the 16th. Nixon and Haig left around for Florida.
Buzhardt did not play any portion c :: the tape for
Rosenbloom on the 16th, nor for anyone else . does
no't believe he played the tape for himself aga:..... , .
Buzhardt does not believe he with anyone
making a disclosure to the Court immediately a=.out what had
been found. (1583-1585)
Night of l5th:Conversation with Haig
After finding the Haldeman notes the night of
the 15th, Buzhardt reported this to Haig. thinks
he showed Haig the notes and told Haig that obliterated
conversation was one in which Watergate was
7
Buzhardt does not recall what Haig said in response.
One purpose of advising Haig was for Haig to transmit
this information to Nixon . (1585-1586)
The 17th
Buzhardt does not recall talking to Haig
on the 17th, but he may have.
Buzhardt did not talk to Woods who went with
Nixon to Florida on Friday about noon.
No one reported to Buzhardt anything that
Woods had said on the 17th.
Buzhardt did not speak to Nixon on the 17th.
8
No one relayed any message to Buzhardt from Nixon on
the 17th, nor did Buzhardt speak to Rosenbloom on the 17th.
(1587)
Buzhardt may have discussed the obliterated tape with
Powers on the 17th, as they worked together all that
again reviewing the other conversations. Buzhardt €
one else he discussed the matter with
1
that day. (1587)
)..10 E. l..St!..
Buzhardt probably talked to Haig on the phone on the 18th.
Buzhardt doesn ' t remember whether they talked about l'latergate,
even in the broad sense, or about other matters. Buzhardt worked
that day from 8:30 a.m. to 8:00 p . m. in the office , attempting
to the index and analysis. He and Powers had completed
of all the tapes late on the evening of the 11th and
had started writing. Powers called in sick early on the 18th,
and Buzhardt started writing at that point, not having written
any part of the analysis down before then, including analysis
and summary of the June 20 hum. (1587-88) Buzhardt spoke to
neither Nixon nor Woods on the 18th. (1588) Buzhardt discussed
the problem of Woods' explanation with Powers and Garment on
the 17th, and probably with Parker and perhaps Garment on the
18th. The problem of the index and analysis generally, was
definitely part of the discussion. (1588-89) Garment, who
had been a participant in the hearing from the beginning,
along with Parker , first learned of the Woods erasure on the
17th. (1589) Buzhardt didn't speak with Rosenbloom on the 18th.
(1589 )
Buzhardt reported fairly early the morning of the 19th by
phone to Haig, who was still out of town, that Buzhardt hadn't
completed the index and analysis, that he had run into some
problems, probably be able to complete it , and intended
to ask the Court for a continuance. (1589-90) Subsequently on
the 19th, Buzhardt told Haig that Buzhardt ha d gotten a
continuance, but that Buzhardt thought they must .disclose the
problem with the one tape, not in the analysis but separately.
Haig agreed and said Haig would so report to Nixon. (1590)
Buzhardt doesn ' t think there a response from Nixon . (1590)
Buzhardt didn ' t . report it to the Court on the 19th or 20th, but
didn't r eceive word back telling him not to, nor was he waiting
instructions as to when he could . (1590-1591)
Buzhardt didn't report it on the 19th because he undertooX
an investigation to determine what facts he could; he undertook
to do a number of experiments with the machine on the 20th,
intending to write up such expl anation as he could and report
it on the 20th, (1591) On the 20th Buzhardt had only a very
brief discussion with Woods when he and Garment went to her
office to borrow her machine . Buzhardt asked for her machine
to experiment with;she said she wanted a replacement for it, and
Buzhardt said he'd send one over, which he did. (1591) Buzhardt
didn't interrogate Woods. She commented about the erasure,
saying s omething like she 'd pushed the record key , but although
9
other things were definitely said (which Buzhardt can't recall),
Buzhardt did not ask her questions to elicit her statement
about the record key, nor did he ask if she knew the explanation
for the 4 and one-half vs. 18 minutes discrepancy. (1592)
No one, including Nixon and Haig , implied directly or indirectly
that Buzhardt shouldn't talk to Woods. (1593) The machine
Buzhardt got from Woods looked like the one he'd seen the
previous week, but he couldn't testify it was the same one. (1593)
Buzhardt told Woods he wanted to test and experiment with the
machine, indicating it was in connection with her mistake. She
asked for a replacement and said she had pushed the record
button. (1593)
At that point, Buzhardt was most puzzled by how the machine
could have created the sound on the tape, and also puzzled
about the time discrepancy. (1594) Buzhardt didn't know whether
Woods was transcribing another original tape at that time, nor
precisely what she was transcribing. (1594)
Buzhardt didn't give Woods another original tape ~ l h i c h
Jaworski had requested, but on the 22nd Buzhardt was told Nixon
wanted Woods to review a tape. Buzhardt suggested it would
be much better for Woods not to work with the original, and as
a consequence of this, he went into the office, took a marked
original which Woods had, and with two Secret Service technicians
made a · copy and gave it to Woods. Buzhardt doesn't recall the
specific tape, but it was one requested by Jaworski. (1595)
Buzhardt didn't have an understanding that the WSPF's
representative would be present when any tapes were copied,
although there has been some discussion about that since then.
The nine subpoenaed tapes were copied Wednesday, November 14,
by Rosenbloom at NSA with WSPF representatives present. (1596)
Buzhardt advised no one from WSPF that Buzhardt was having the
Secret Service copy the tape in question. DeGrandes of the
Technical Security Divison copied, with Buzhardt and another
agent, whose name Buzhardt doesn't recall, watching. (1596-97)
DeGrandes recorded it using two Sony 800-B recorders with a viel"
meter, which Buzhardt watched. They recorded all pertinent
information on the back of the box of the copy. Buzhardt
could find out what conversation it was from extensive notes
DeGrandes made ' at the time. Buzhardt made' none. (1597)
Buzhardt doesn't know when Woods was supposed to be
working on this conversation. Buzhardt had both tapes in his
safe the night of the 22nd. He delivered them to Woods on
the 23rd, but had no conversation with her about the erasure,
didn't give her instructions about what to transcribe, just
delivered them to her office. (1598) Haig had told Buzhardt,
a little after noon on the 22nd, that Woods was reviewing some
tapes for Nixon. Someone, Buzhardt doesn't know who, had
already given Woods the original tape without Buzhardt 's
knowledge. When Buzhardt found out, he tOld Haig he didn't
think it wise that Woods have an original. (1598-1600)
-" I
'.
10
Buzhardt gave Woods the two tapes when he took them out of
his safe, including the original because presumably she was
signed out with it. (1600) Buzhardt didn't give it to her with
the understanding she give it right back to someone, but he had
recommended to Haig it be returned to the vault, and he
subsequently had Bennett check Bennett's inventory and ascertained
from Bennett that all originals were in the vault. (1600) Buzhardt
doesn't know when the original that Woods had was brought back,
nor whether Bennett's inventory shows she had it. (1600)
(Ben-Veniste asks for up-to-date logs on tapes vault. After
recess, Bennett produces them, and they are marked Exhibits 100-105
and received. Bennett is asked to leave the courtroom. )
Buzhardt now is able to say that the tape he got from Woods
and copied on the afternoon of the 22nd, and returned to her on the
23rd, that includes either January 3, 1973, or January 4,
1973 in the EOB, probably the January 4 one . (1602) On the
afternoon of the 22nd, Buzhardt didn't know whether Woods had any
other tapes in her possession . He doesn't recall anyone telling
him. Buzhardt had, however, provided information to Bennett,
about t apes requested by WSPF, which led Buzhardt to believe Woods
may have had other tapes. (1602-03) Buzhardt gives another
description of events of the 22nd, but is slightly unclear as to
whether he l earned on that day that Woods had only one original as
testified to earlier , or that she haqrnore than one original. (1603-04)
Buzhardt thinks that subsequent to copying on the 22nd an
original tape that Woods had, he learned from Haig , he recall
when, that Woods had some other tapes. (1604) Buzhardt was not
aware that, as of the 26th, according to Bennett's records, Woods
had nine original tape s in her possession. (1604-05) Buzhardt
doesn't know why no one told him this, but Bennett told him, . it
must have been subsequent to that date, that al l originals we re
back in the vault . Bennett didn't tell him Woods ha d had all these
tapes out. Buzhardt knew she had one, and was sure she had
others , but didn't know for how long and certainly didn't know
that many. But these weren't subpoenaed tapes, rather they were
ones requested by .WSPF . (1605)
There came a time when Buzhardt concluded, from the information
he then had, that there was no innocent explanation for the IS-minute
hum. (1605-160 6)
Bench Session
(At this time Rhyne approaches the bench . ) Rhyne wants to
question Buzhardt as to the capacity in which Buzhardt appeared and
who he represented, whe n Buzhardt said, on November 21 in Sirica's
office, the erasure couldn't have been accidental. Sirica says
such questioning by Rhyne wil l be in open court, and Sirica doe sn't
want to interrupt the government now for such questioning. Rhyne
agrees but doesn't want anyone telling Buzhardt he be so
I '
1:
11
questioning him. Sirica say s he will f orbid Bu zha rdt from t a l ki ng
to anyone, s pecifically Ga rme nt, during lunch. Ga r ment acc epts
this injunction. Be n-Veniste objects to the cross-examinat i on of
a witness by an attorney who represe nts a witness that has a lready
testified, and who himself is not a party to the case. Sirica
will allow it because this is an investi gative proceeding. Rhvne
won't tell Garment the purpose of the inquiry. -
Sirica thinks that those present at the November 15th meeting,
Haig , Powe rs, Woods, Higby, should testify , to get all the e vidence
possible and for them to have a chance to r e spond to damaging
publicity. Rhyne's position is that his client is being tried.
Sirica says if Rhyne isn't worried about bringing it out, he
doesn't see why anyone else should. Rhyne s a ys Rhyne is the one
who walkted out with the tapes in his hand. Sirica says Haig should
be heard from, and maybe Powers. Garment can notify Haig r a ther
than SUbpoenaing him. It is agreed to substitute Exhibit 59.
(End of Bench Session) (1606-11)
On November 20th, Buzhard had no explanation of how the 18-
minute erasure could have been done accidentally, but at the same
time was aware there was a lot he didn't know about it. (1611-12)
Buzhardt held that conclusion on the 21st, but not the 22nd, as some
of his questions were resolved · the night of the 21st. (1612-13)
On the 20th, after talking to Woods, Buzhardt asked Be nnett to
have her machine brought to Buz hardt and to get he r another. 11hen
Buzhardt got her mac hine he noted the seria l numbers on both
machines. Two of the ke ys were locked in a n inoperative pos ition,
Buzhardt doe sn't know why. He inquired, but doesn't remembe r when.
He asked the Secret Service for a maintenanc e man, who -took fift e en
minutes to unlock the keys, a simple proced ure. (1613-14)
Buzhardt doesn't believe he spoke to Nixon on the 20th.
Buzhardt talked to Haig several times on the phone t hat day, and in
person that evening, with Garment pre sent. Early tha t morn i ng,
Buzhardt told Haig Buzhardt would procee d prov ide the Court
such explanation as he could t ha t day, and would also conduct
certain experiments with the machine to see if he could provi de
a better explanation to the Court. Haig s a id fine and to l e t him
II:now hOI ... it came out. Buzhardt later told Haig the results of
those experiments and told him he wanted t o try some experiments
on the actual machine. That evening he t e ld Haig the total results,
that they still had no clear understanding of the noise on the tape,
that they ought delay longer in in experts, a nd
that he fill in the Court and WSPF next morning. (1614-15)
On the 20th, Buzhardt told Haig Buzhardt had no innocent e xplanation,
but there much they didn't understand about the machines , the
biggest problem being they hadIi.' t found ho .. - the noise coul d be
created. (1615)
Buzhardt doesn't think that when he s ubstituted a machine
with Woods, the Secret Service technician _ocked the keys in the
substituted machine. (1616)
,
12
On the 20th, when Buzhardt informed Haig about having no
innocent explanation, Haig p robably knew Woods had the nine
original tapes in her possession. (1616)
Buzhardt didn't speak to Rosenbloom nor Nixon on the 20th.
(1616) Buzhardt performed tests on the 20th with Garment and
Parker. Using a Uher Machine, then Woods' Uher Machine, and
using a blank tape, they tried different combinations of buttons
to try to recreate the sound on the tape. (1616-17)
On the morning of the 21st, Buzhardt made disclosures to WSPF
and the Court. He didn't speak to Rosenbloom until that evening.
(1617)
There \vas no time when Buzhardt discussed with Nixon
Haldeman's notes, that they related to the obliterated conversation,
nor did Haig relate to Buzhardt Nixon's reaction to Buzhardt's
correlation of the notes to the tape. (1618)
Buzhardt thinks he has related in Court on the 28th and 29th
all the conversations he has had Ivith Woods from the 14th until
the 21st. He helped her carry luggage into the office on the 19th
and had a casual conversation with her, but said nothing about
the erasure. She didn't have a tape recorder among her bags. (1618)
On the night of the 21st, Buzhardt performed some tests with
Rosenbloom. Buzhardt knew, as of the date Buzhardt first listened
to the June 20th conversation, that a panel of experts was being
assembled to analyze the subpoe naed tapes as to tampering. Buzhardt
knew that on the 18th these experts met with representatives of
the White House Counsel's Office and I'l'SPF, and thought this was to
decide who was to be recorrumended and to have preliminary discussions
about tests to be run. Buzhardt didn't think of advising the
experts on the 18th about the obliteration, nor did he know then
that the machine would not create the noise. Buzhardt also knew
that, when appointed, the panel 110uld make the tests and report
back to the Court. He also knelv that White House Counsel Staff
members attended the meeting and learned all tests available for
detection of alteration of tape s, yet did not disclose in any way
facts he had in his possession at the time. He was not directed
by anyone not to do so. (1618-20)
On the night of the 21st, Buzhardt spoke on the phone to
Rosenbloom and asked him to come into Buzhardt's office, which he
did. Buzhardt told him the problem of a conversation that had bee n
erased or obscured, that there was a tone Buzhardt hadn't been able
to recreate. Rosenbloom mentioned this must have been what Buzhardt
was asking him about earlier, and Buzha rdt said it was. Buzhardt
isn't sure whether Rosenbloom expressed any reluctance, as an NSA
employee, to assist in these tests in any way. Buzhardt asked him
for information but didn't ask him to conduct any tests wha tsoever.
13
Rosenbloom was present during the tests, but didn't assist except
for giving advice and answering questions. This was an informal
request to Rosenbloom, purely for Buzhardt's information. Buzhardt
set up, using copy number 1 of the tape, where the sound ' came
through and asked if Rosenbloom could identify it. Buzhardt tried
to reach Ruth that night to tell him about the tests and the results,
was unable to, and called him early on the 23rd. (1621-22)
Buzhardt performed no further tests on the 22nd, nor did
he talk to Nixon on that day. Buzhardt spoke to Haig on the 22nd,
may have told him about the test results that morning, but
probably had told him the night before. (1622)
The tests on the night of the 21st were performed in !-Ioods'
office. She was advised of this the next morning. (1623) They
were able to get sounds on the tape that approximated each level
of the signal on the 18-minute space. (1623) They did this by
depressing simultaneously the start and record buttons of a Uher
machine; Buzhardt doesn't recall which input selector they used,
but they experimented with al l three. Then they turned on the
lamp and typewriter (the ones marked here for evidence, from
Woods' office), then turned off the typewriter, leaving the lamp on.
The recorder was on the right part of the smal l t able , the type-
writer was on the left of the recorder, both setting slightly
on an incline, with the l amp pulled up close behind. They didn't
use the footpedal, although the re was no reason why they didn't,
nor did they use a microphone. (1624) thinks that in
addition to using the forward and record buttons , or the footpedal
and record button, the machine will record in the dictate position
with a footpedal or mike .
The first sound was approximated by depressing the record and
start buttons with the typewriter and lamp on, very close together.
After turning off the typewriter, they got a sound very
closely resembled the remainder, the longer sound. They got
(eimila..;/soundS\ to both hums, but tell if they were the
same without a signal generator. No more tests were done that
night. Buzhardt did some that weekend and as late as the 28th.
'(1625)
Sirica warns Buzhardt not to discuss his testimony at lunch,
and Court is recessed.
I
J
.
.
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I
14
Thursday, November 29 (Afternoon Session):
BUZHARDT
On Tuesday, (November 30) Buzhardt personally
conducted a test on Woods' machine using the foot pedal.
(J$30)
{p
During the Wednesday evening (November 21)
test, which Buzhardt and Rosenbloom performed , the foot
pedal was not used. Buzhardt had been trying to produce
a specific noise or find out if certain condit ions would
produce that
and he produced that noise before he
had gotten to try (making the machine record) with a foot
pedal. (1630-31)
The machine Buzhardt received and used on Tuesday
was (Woods') machine and had her foot pedal attached,
but Buzhardt simply did not use the attached pedal when he
did this test. Buzhardt kept this pedal in his office until
he sent the machine back to Ivoods' office sometime later .
The machine used on Wednesday night was not this (original)
machine, and it had a Uher foot-pedal . On Wednesday, the
original machine was in Buzhardt's office , and Buzhardt
did his tests in Woods' office where there was another
machine. Buzhardt did not bring the original machine
from his office to Woods' office because he was primaDly
interested in lamp and typewriter, and he
felt that for this non-scientific test one Uher machine
would be as good as any other . (1631-33)
Buzhardt performed no tests on Thursday or Friday,
although on Friday he called (WSPF office) and related
his Wednesday tests. (163 3)
In Buzhardt's Tuesday afternoon test, which was
done in his office, he had tried the machine in every
position to see what sound \Vas created: with each selector
position down , with and without the foot pedal. (1633)
Thus, up until Friday, (November 23) Buzhardt
had not r ecreated the conditions in Woods ' office (On Oct . 1)
with the same equipment , and Buzhardt never attempted to
do this. (1533-34)
Buzhardt was present for a few moments when another
experiment was made with the machines and the full set of
equipment, but he did not participate. This occurred in
15
Woods' office, probably on Saturday evening, (Nov. 24)*
and Ray Warren, Judge Sullivan, Houser and perhaps some-
one else were there . (1 634) (Buzhardt later says they
were not in Woods' office. (1641)
Ray Warren is an RCA technical expert, and
Buzhardt does not know where he is from other than from
out of the Washington area. Buzhardt believes either
Sullivan or Shepard told Buzhardt that he had made the
arrangements and/or contacted Warren. Buzhardt believes
that W ~ ~ e n was recommended to (the White House) but
does not know by whom. (1634-1636) Buzhardt had been
told in advance that Warren was coming (on November 24)
by either Shephard or Houser. (1639)
Jeffrey Shephard is a member of
staff whose title Buzhardt does not know.
does not know who suggested that Shephard
t ests .) (1636) Either Judge Sullivan or
actually asked Shephard to assist them in
(1637- 38)
the White House
Buzhard.t
assist (in the
Buzhardt had
the problem.
Buzhardt suggests that Rosenb l oom had given
(WH counsel) a list of names (apparently technical
experts) from which Shephard hrl called an individua l
from RCA , who had in turn recomme nded Warren . Buzhardt
could be mistaken about the sequence of events . (1637)
Judge Sullivan is on the Illinois Supreme
Court, and is a legal consultant and advisor to the WH o
Prior to (November 24th weekend) Sullivan had not been
active on "this matter specifically." Buzhardt does not
know who suggested that Sullivan be brought in, and
Buzhardt does n0t recal l whether he requested Sullivan
t o assist or if Buzhardt found Sullivan there(on Nov. 24).
Buzhardt frequently consults Sullivan . (1938-39)
Buzhardt does not recall anyone other than him-
self , sullivan, Shephard , Warren and possible Houser being
present (on Nov. 24), but there may have been someone else .
Buzhardt believes the machine was tested in var i ous modes
with a piece of tape in it, but Buzhardt was not
present for the entire period. A copy of the June 20
tape was not made available , but (the buzz) had been played
for Warren in Buzhardt ' s office. The experiment results
were reported to Buzhardt , probably by Sullivan, and the
*Buzhardt first says this probably occurred
on Sunday (1634) but l ater says it occurred on Saturday .
(164 8)
,
16
report was that they had been unable to duplicate the
round. Buzhardt does not specifically recall seeing a
foot pedal and does not know if one was used , since
was not present "whe n they did it." Buzhardt believes
the tape recprder used by Woods (Oct. 1) was the same
tape recorder which was in his office (on Nov. 24), and
Buzhardt would have to assume that the original foot
pedal was also in the office. (1339-l34l)
{Ben-Veniste suggests, and Buzhardt agrees,
that up until tha t point WSPF had not received any
portion of the (June 20) tape or any portion of any
As of night (Nov. 24) Buzhardt had not provided
any portion of the June 20 tape to anyone e lse.) (16 4C
Buzhardt did not assume that, during the
which were unable to dup licate the sound, every possibl=
configuration had ben used. (1644)
Ben-Veniste observes that he does not see how
the test could establish anything if t here was no attemt;---=
to dup licate the October 1 situation. (Garment objects
that this test is not being offered to proof of any
fac.t. Ben-Veniste indicated the purpose of his questi cr:..;;
as stressing that the original equipment was not
used in these t es ts, and as background material.)
v
{The Court indicates that, in view of the 18
minute gap, the status q uo of the reel shouldrnve been
maintained by the WH, and WSPF shoul d have been
informed so that the experts could h ave been bro ught i r:_ ,
(1646-47)
Buzhardt did not inform WSPF of the test
conducted on Saturday eveing (November 24). (1648)
17
Buzhardt, Sims, and the on-duty Secret Service man
made a copy of the (June 20) tape on Sunday (November 25).
Buzhardt supplied this copy ~ ~ Woods through a messenger and he
had been requested to do so by Rhyne directly. Buzhardt checked
with Haig who may have also requested that Buzhardt send Woods
the tape, and Haig said to make the copy available to Woods.
Haig did not indicate whether this was also the President's
decision or was Haig's sole decision. (1648-1649) The tape
was sent to Woods' office by an attorney in Buzhardt's office.
(1650)
Buzhardt had returned the (orig inal) tape recorder
to Woods' office probably on Friday (November 23) but possibly
on Saturday. Probably on Friday, WDPF had reque sted that Woods'
tape recorder should be produced in court on Monday (November
26), and on Sunday night WSPF had reiterated this r equest to
Buzhardt. Rhyne had requested to Buzhardt that Woods be allowed
to bring the recorder to court, and Buzhardt does not recall
whether he told Rhyne of the WSPF request. (1650-1653)
Buzhardt prepared the analysis and index over a
period of time, probably beginning a week ago Sunday and
finishing on Sunday (November 25) or Monday (26th). (1652)
Buzhardt does not reca ll precisely when he wrote the explanation
of the hum. (1653)
Buzhardt does not know when the last time was that
Woods returned tapes in her ~ o s s e s s i o n to Bennett. (1653)
(Exhibit 103 shows such was November 26 at 8 :25 a.m., when
Woods returned nine tapes to Bennett.) Buzhardt r e calls
Bennett c orning to his office (presumably on November 25) but
Buzhardt does not know that Benne tt had any tapes with him.
Buzhardt had requested Bennett to get the sealed box out of the
vault. Buzhardt had also requested Bennett to return the
machine which Woods had in her office prior to the time that
Buzhardt had run his tests. (1653-1654) Buzhardt does not re-
call asking Bennett to check the machine's capabili ty to record,
and does not recall Bennett reporting such information. Bennett
did provide Buzhardt with the name of the machine, its model
number and its serial numbe r, all written down on a small
slip of paper which Buzhardt may still have on hi s desk. (1654-
1655)
Buzhardt saw some transcripts of some phone conversa-
tions which Woods had typed, relating to the nine tapes (returned
I
I.
18
on November 2 6 ) ~ Buzhardt neither knows when Woods conclude d
her work on these transcripts nor when he saw them. Buz hardt
thinks it may have been during the weekend. The tra nscript
had been handed to Buzhardt by Bennett, and Buzhardt g lanced
at them without reading any before placing them in his safe.
(1655-1656) Buzhardt does not know how ma ny transcripts there
were and thinks but is unsure whether they related to Jaworski's
requests for certain Nixon-Colson conversation s. Buzhardt
does not know who had requested Woods to transcribe what
' conversations. (1656) Buzhardt wrote to WSPF, on Friday
(November 23) or Sunday, indicating which of the conversations
requested bu WSPF Buzhardt thought would be located. Buzhardt
does not recall, at the point he wrote this letter, whether
he had been advised of Woods' transcribing of the taped con-
versations. (1657)
Bench Conference called:
Sirica fells questioning is running into collateral
matters by speaking of tapes, i.e., Colson tape, id. which
not involved in this hearing. (1657-58)
Ben-Veniste says it is relevaut because involves
entrusting to Woods of tapes and later it will be crucial
to know who gave Woods instructions, who \vas moving them and
who was responsible for them. (1658-1659)
Garment feels Ben-Veniste has exhausted knowledge
of witness arld questions area matter for Bennett. (1659-60)
Rhyne does not object and wants everything brought
out fully. (1660)
Course of rest of day's testimony discussed. End
of Bench conference. (1660-1661)
Testimony Resumes:
Buzhardt does not know what Woods was asked to
transcribe and does not know who requested her to return the
nine tapes on Monday (November 26, 1973) before she testified.
Buzhardt does not know whether Woods did not have tapes in her
possession or Monday would relate to Woods being able to testify.
(1662-1663)
19
Buzhardt is sure he never told Woods Nixon
Haldeman call of June 20th lasted 55 minutes but it said
55 minutes on the log so Buzhardt was aware of it. Buzhardt
does not know whethe.r anyone e lse from White House Counsel
staff told her that. Buzhardt did not tell Woods there
was an 18 minute two-tone hum. Buzhardt does not know if
anyone else from the counsel staff did. (1663)
Ben-Veniste refers to analysis filed by Buzhardt
on 26th. Buzhardt writes that it is believed hum was caused
by depression of record button. (1663-64)
By it is believed, Buzhardt meant Buzhardt believed.
Buzhardt could not corroborated that belief with the fact
Woods she pressed record for four or five minutes. (1664)
Buzhardt recalls he had a conversation with Nixon
on November 15th. (Ben-Veniste reads from p.1499 of
Buzhardt's testimony where Buzhardt testifies about how he
first learned of erasure from Nixon around 15th). Buzhardt
recalls giving this testimony. (1665-1667)
Buzhardt does not recall if four or five minute
erasure is alluded to in Buzhardt's written analysis or not.
(1667)
BU3hardt has his own hypotheses as to what caused
the hum. Buzhardt's hypothesis is not that Woods caused
eighteen minute obliteration. (1667-68) Buzhardt analysis
of November 26 (about erasure) is from belief and checking ,
not certainty. (1669)
Buzhardt does not believe that Roy Warren tests
which did not produce the same hum duplicated the same
situations (that Woods had) as Buzhardt's earlier tests did.
At the time Warren made his tests, Buzhardt did not know
what Warren had done wrong (in not duplicating situation).
(1668)
Buzhardt says in analysis that erasure was detected
and reported to Nixon shortly after it was made and shortly
thereafter reported to Buzhardt. This was based on wha t
Buzhardt had been informed by people (including Nixon)
subsequently and partly on my recollection that at some
[as opposed to wording shortly thereafter] Buzhardt
was (1669)
Buzhardt cannot remember whether he learned about
erasure before or after he learned about the two missing tapes.
(1669-1670)
20
On p. 1110, Buzhardt testified that Buzhardt
did not learn about missing tapes until mid-October. (1670)
Buzhardt does not have any independent recollec-
tion of the date of Haig's call (as opposed to recollection re-
freshed by Haig's logs that it was in earlier October), in
which Haig asked Buzhardt what was the subject of the subpoena.
Buzhardt has an independent recollection of having talked
to Haig on that subject, but not when or what time of day.
(1670-71)
Buzhardt says it is correct that Buzhardt testified
in answering Haig's question about the subpoena, that Buzhardt
consulted no documents but the subpoena itself. Buzhardt
may have previously consulted Nixon's log but not at that
moment. (1671)
Buzhardt says the conversation with Haig certainly
did come after. memo on tapes (which is in evidence) of
August 23rd was written. (1671-72)
Buzhardt does not recall if August 23rd memo was
the first legal argument by the legal counsel's
office as to the tapes. Wright was working on tape matter.
(1672)
Buzhardt is excused. 15 minute recess. (1672)
- ----.-------
,
21
J. Fred Buzhardt
(cross by Rhyne)
Buzhardt's position vis a vis White House and White House
staff in case:
From September 29, 1973 until now, Buzhardt has been
Chief Counsel for the White House in Watergate matters. (1681)
During this time, Buzhardt has not represented all persons
employed by the White House in connection with matters before
this Court. (1681)
Buzhardt's contact with Woods pre Woods' November 8 testimony:
Buzhardt had talked to Woods some time prior to Woods'
testimony of November 8, 1973. Buzhardt was in the room briefly
while Garment and POI"ers were talking to "loods . about tes timony
she was going to give this Court. Buzhardt did not participate
in discussions prior to Woods' testimony. Buzhardt was aware
Buzhardt would be a witness in the case and had already been
notified that he would not be present when she testified . (1681-82 )
Question of who, if anyone, represented Woods on November 8th:
Rhyne asks Buzhardt if it is Buzhardt's testimony that
Buzhardt was not one of Counsel for \'loods on November 8. (1682)
Garment objects because Rhyne's question assumes either
Garment and/or Powers were counsel for at that time .
Garment says Woods is a witness not a party to the case. (1682)
Rhyne say s he would like Garment sworn in and called to the
stand. Sirica says Court cannot call Garment because he is
representing Nixon or White House. (1682)
Garment says Woods was not represented on November 8 becaus e
she was a witness lVithout counsel brought at request of the
Special Prosecutor. Garment et. a l. were representing Nixon,
the White House, but not Woods. (1682-1683)
Rhyne says, he does not accept that because as Rhyne under-
stands it, Powers questioned 1100ds on behalf of Woods and
Garment and POlVers spent hours rehea rsing Woods before she came
to Court. Garment objects to characterization of the discussion
with Woods as rehearsing testimony. Sirica strikes Rhyne 's
rehearsing (1683)
Garment does not think this is an issue of fact. Other
White House witnesses have appeared without establ ishing an
attorney/client relationship betIVeen them and Ivhite House attorneys .
(1683) At this point a bench conference is called IVhich is
ordered sealed by the Court. (1683-4)
"'Tr- - ---------
22
Alexander Porter Butterfield
(direct by Ben-Veniste)
Present employment:
Since March 15, 1973, Butterfield has been employed as a
presidential employee serving as Administrator of FAA. (1685)
Butterfield's White House position:
From January 21, 1969 until March 14, 1973, Butterfield
was Deputy Assistant to Nixon. As such, was a
member of the senior White House staff. Butterfield's office
adjoined Nixon's. Butterfield was responsible chiefly for
smooth running of Nixon's offical, day and all administration
at the White House. The office of Staff Secretary was part of
Butterfield's office and Butterfield served as secretary to
the Cabinet as an additional duty. (1686 )
Higby's request to set up r ecording system:
In February 1971, Butterfield had a conversation with the
Chief of the Technical Services Division of Secret Service about
installing a recording system in Nixon 's offices and telephones.
(1686-87) Before this, Higby came to Butterfiel d 's office
relaying a message from Haldeman which had come from Nixon that
Nixon wanted a recording system set up in the Oval Offi ce and
the Cabinet Room, that the Secret Service was to do it and not
the White House Communications Agency , that it was to be done
as soon as possible and that absolutely no one was to know about
it except those Secret Service agents who would have to. (1687-
1688)
There was no discussion with Higby about the competance of
Dhe recording equipment. (1 688 )
Why Secret Service used to set up recording system:
Butterfield thinks the principal reason Higby's instruction
was not to use the Wh ite House Communication Agency was that
members of the Agency are members of Armed Forces and more
frequently transferred from Wh ite House whereas Secret Service
personnel are more permanently ass igned . Haldeman's problem
with White House communications people may have had some bearing
on the decision to use Secret Service. Generally Haldeman chose
not to go through the signal switchboard, the White House
Communication .Agency s\V'itchboard. (1688-1689)
Butterfield asks Wong to set up recording system:
within a few hours after talking to Higby, Butterfield
contacted Al Wong, then Chief of Technical Security Division.
Butterfield asked Wong to his office and told Wong essentially
23
what Higby had told Butterfield - that system was to be set
up in Oval Office and Cabinet Room and perhaps included Oval
Office telephone . Butterfield asked Wong if it could be done
and Wong said yes. Wong said he was reluctant to have the
Secre t Service get involved in this. Butterfield did not
instruct Wong to purchase any equipment. (1689-90)
Second meeting with Wong, Zumwalt, and unidentified:
A day or two after Butterfield's initial conversation
with Wong, brought over to Butterfield's office the expert
in this field, Zumwalt, and one other person Butterfield cannot
remember. They discussed more details and possibly what kind
of equipment might pick up conversation, that there was some
voice activated equipment on the market. Butterfield understands
they did buy equipment eventually. They intimated they would
obtain the best equipment for the job. They were not sure
how they would install it.
Third meeting with Wong (Zumwalt and after
equipment installed:
Soon after the three came in to tell Butterfield the
equipment vIas installed, how it worked, and they had installed
it, they indicated to Butterfield the equipment would pick up
absolutely all conversation in the room, the Oval Office . They
told Butterfield it would pick up low tomes . They assured
Butterfield it would pick up very well in the Oval Office where
Nixon did all his business at either his desk, in front of
service flags to left of desk, or in one of the yellow chairs
near the fireplace. Butterfield remembers them telling him
they had instal led microphones hidden throughout the desk and
in the mantle of the fireplace. They may have said under,
over, or above the mantel or in lamps above the mantel .
Butterfield recalls they said installed microphones behind
Nixon's yellow chair around the fireplace. (1691-1693)
Butterfie ld never told about timerto switch tapes:
Butterfield does not recall at any time Wong, Zum\.,alt,
and other person's telling about a timer which would switch
from one tape recorder to another. (1693)
Procedure Butterfield used to check out tapes :
Shortly after equipment installed, Butterfield listened
to tapes periodically to check the ability of the equipment to
pick up. Butterfield asked them (Techical Services) for a tape
recorder which they signed out to him and Butterfield kept in
his desk drawer. Butterfield used this carrying c a se set that
plugs into wall two or three times and listened to the tapes.
Butterfield called Wong dur ing a slow period when there were
very few tapes and asked Wong to bring some tapes. Butterfiel d
either said for Wong to bring him a tape, or bring Oval Office
· ..
24
tape, or bring a tape of a certain day. Butterfield did not
sign any voucher to obtain tapes. They brought spools
over in boxes marked Oval Office or Cabinet Room with the
date. Butterfield never kept the tapes for more one
night. (1693-1695)
Butterfield had no knowledge check out system:
Butterfield was not aware of any procedure logging
tapes in or out. At this time, it could not be
anyone was going to be logging tapes in and out. (1694)
Conversations Butterfield listened to:
Butterfield listened to a conversation and
Connally and another between Nixon and Kendall, of
the Board of Texaco. The quality of these tapes very
good. (1695)
Ben-Veniste points out there is no record of two
tapes ever having been removed so far as presented
in the course of this hearing reflects. (1695)
Secret Service's checking of equipment:
Butterfield never gave specific instructions Secret
Service Technical Service personnel about the
equipme nt. Butterfield cannot recall whether he Secret
Service to or Secret Service told him, but Secret =2rvice did
check the equipment which was installed in wing 0= ;\hite House
daily. Butterfield does not recall weekends
exception. Saturday is a regular work day for 25 30 percent of
the White House staff. They did not check it when Nixon
was out of the city. Butterfield's understanding that they
.not only checked daily but removed tape every day spent
time in Oval Office. Butterfield does not know w::2.. checking
procedure was once equipment was installed in EOB_ (1695-1696)
Where Nixon worked:
On Iveekends, if Nixon remained in Washington would be
very unusual for Nixon to work in Oval Office unle=3 he had
some appointments with people other than staff per=.xlnel. It
was Nixon's habit, if he had free time to go to (Before 1972)
Nixon did not us e the EOB office much and it was in
existence for the first few months. In 1972, used EOB
office frequently during a·lmost all periods of t ime in
excess of two or three hours . on the weekends and c:=ing the
week. It was a Ivell knOlvn fact Nixon worked on
when he was in Hashington on weekends (and he wou::' =- work in
EOB office). From 1972 on, Nixon used EOB office
exclusive ly, but Ivould use the Oval Office, Linco::'=- sitting
room, for seeing people from the outside.
25
Taping equipment at Camp David:
Taping apparatus was installed on the telephone at Camp
David about the same time equipment was installed in EOB and
other telephone equipment was installed. The mechanism for
recording conversation in Nixon's study at Camp David \"as
installed long after the telephone device when in February or
March 1972, Butterfield took it upon himself and told the Secret
Service to install it. (1698) The Secret Service did not
accompany Nixon to Camp David to service the tape equipment.
Butterfield does not know how they serviced the equipment at
Camp David. There \vould al\Vays be Techical Security Division
people at Camp David when Nixon was there in addition to the
protective division people. There would al\Vays have been people
on duty throughout the weekend at Camp David and the Wnite
House. (1699)
Access to tapes: (Butterfield, Nixon, Haldeman, Higby's)
Butterfield had access to the tapes and if he requested
a particular tape from Wong ·or his successor Sims, they \Vould
not question it. (1699-1700) Presumably, Nixon might have
done the same thing but that \Vould have been extremely irregula=.
Definitely, Haldeman also had authority to make such a request
which would not have been questioned by Technical Services.
Technical Services would have also responded to a request by
Higby because it was clearly understood throughout all support
units that Higby spoke with Haldeman's voice. (1700)
Storage of tapes:
Butterfield knows that completed reels were ah"ays stored
in EOB. Initially, they were stored in some place \vithin the
office suites assigned to Technical Service Division. Storage
soon became a great problem and Technical Services people came
to Butterfield on several occasions about the volume of tapes
and \"hat might be done to free up more storage space. Probably
in summer of 1972, near the end of the first term, they f i n a l l ~
found a place in a closet in the center hall of the first floo=
of EOB. They went through GSA people and took over the closets.
(1700-01)
Bull takes over supervision of taping:
When Butterfield anticipated leaving the I'i'hi te House
(before he left in March 1973), Butterfield had a conversation
with Haldeman of turning over Butterfield's job of supervision
of taping operation to someone else. In that Steve Bull was
going to occupy Butterfield's office he was the obvious one to
do it. (1701)
26
No conversations before Senate Testimony re: disclosure taping
system:
Butterfield did not have any discussion with respect to
disclosure of the taping system prior to intervielv before Senate
Select. No one suggested Butterfield not r e ~ ~ l it. Butterfield
had no conversation with Higby about it. (1701-02)
Conversation with Higby before Senate Testimony:
Butterfield did have a conversation with Higby before
Butterfield's testimony and interview with Senate Select. In
April 1973, about the time Strachan Ivas interviewing or
testifying before Senate Select, Higby called Butterfield and
said if Butterfield went before Senate or any panel, be sure
to tell the complete truth. Butterfield somewhat resented
his saying this but realized Higby was passing something from
Haldeman and this was the only contact Butterfield had.
Butterfield thought it was needless for Haldeman to say this,
but did not see anything cryptic in Haldeman's instruction. (1702)
Ben-Veniste has no further questions. Garment has no
cross. Court adjoined until 10 a.m. Friday.
TAPE HEARINGS BEFORE JUDGE SIRICA
DECEMBER 4, 1 973
Lawrence M. Higby
Questions by Volner (direct)
Hl3"y .
B(I' 11{1f .
yovVP( S ;
Higby presently works at OMB. He was formerly an
aide and deputy to Haldeman from January 1969 - April 30,
1973. (1705)
Although basically familiar with Haldeman's file
set-up, Higby \ ~ o u l d not say he is very familiar with the
files. He does not know what type of note s Haldeman kept.
(1706)
Higby has recently gone through portions of Haldeman's
files. He never made a similar sea rch before Haldeman's resig-
nation, but did occasionally look for some thing specific.
(l706)
Higby first went through the files (since Haldeman's
resignation) on November 15, 1973 . (1706)
In the same room with Haldeman's files are Higby's
files and other of Haldeman's o f fice files. The personal
files of Haldeman and Higby are in s eparate dra'vers; Haldeman's
occupy 30-40 dra wers, Higby's occupy 10-12 drawers. Some
office files contain documents from nume r o us individua ls,
e. g . budget file would contain more than on e person' s notes .
Haldeman's notes with Nixon are in a separate file. (1707-
!'JOB)
Higby cannot recall eve r looking through his own
fil e s in Room 522 and seeing Ha lde man's files at the s ame
time. (170B)
Higby 'vent to the file room on November 15 upon
Haldeman's request and by inference - Hai g 's. (170 B) At
about 6:00 p.m., Ha l deman calle d from Ca liforni a. He
gave Higby the combi nation to t he file where his notes
were kept and aske d that Higby get the notes which Haig
had requested. Higby was to c a ll Halde ma n and review the
notes over the phone. (1709)
- 2 -
Higby's impression was that Haig had talked with
Haldeman, but it could have been Buzhardt. Higby did
not think the request came from Nixon. He finally says
his best recollection was that it was Haig who called
Haldeman. (1710)
Higby found out precisely what he was looking for
when he got to Buzhardt's office. It was a series of
documents as opposed to one document. (1711)
Haldeman told Higby to see Haig first. Haldeman
indicated that the document needed was notes of a June 20,
1972 meeting between Nixon , Ehr1ichman and Haldeman from
12:30-2:00 in the Oval Office. Haldeman did not describe
the substance of the meeting, but was aware that Haldeman's
notes would be on yellow note pads. (1711-1712)
Higby had no reason to know about this particular
meeting, but did know of Haldeman's general practice of
taking notes and how the files were set up. (1712)
Haldeman said the notes be in a pouch, either
in a straight chronological file or in the Watergate related
file, marked April, 197 3. Higby does not draw the conclu-
sion from this instruction that the meeting related to
Watergate. (1713-1714 )
Haldeman asked Higby to follow his instructions
precisely. If there was a deviation, Higby was to call
Haldeman. (1714-1715)
Haig sent Higby to Buzhardt for a precise listing
of what was needed. Haig may have mentioned the June 20
notes, but not the entire list. Higby worked from the list
that Buzhardt provided. (1715-1716)
The list from Buzhardt had seven i tems on it with parti-
cipants, time, date and location of the meeting. Haldeman's
notes for each meeting he participated in were needed, but
June 20 was the highest priority. (1717)
Higby has a copy of this list and will provide it.
(l71B)
th5by i(\ --HIe jj'VI 1U1·1("V\
Lalld 1\1'11\, (111 & J
11
I t;
- 3 -
Higby's impression was that Haldeman and Haig
had ~ l ~ a d y agreed on the procedure so Higby did not
explafnoWis instructions. (1718-1719)
1\
The list from Buzhardt was handwritten on a White
House note pad. This was the first time that Buzhardt
had ever asked Higby to search the files. (1719)
No other person on the White House staff had ever
asked Higby to go through his or anyone else's notes be-
fore. (1720)
Buzhardt called Sims and asked that Sims meet
Higby at the file room. No one else was present in
Buzhardt's office, nor Haig's, when Higby was there. (1721)
Sims met Higby and opened the file room for him.
Some other Secret Service person was with Sims, but Higby
did not know him. (1722)
A log for Room 522 is marked Exhibit 106. (1722)
Buzhardt carne into the room later and although Haig
carne up, he did not enter the room. There is a phone in
Room 522, but Higby cannot recall if he called Buzhardt.
(1723)
Higby took out one or two envelopes and took them
to a desk to look through in order to find the June 20
notes. Higby cannot remember if he found them in the
April, May, June 1972 file or the April 1973 Watergate
file. (1724-1725)
The logs indicate that the January-March 1973 file
was also looked at. Sims or his agent, Tersh Norton, made
the entries in the log. (1725-1726)
Even though the log shows Higby and Buzhardt enter-
ing the room together, Higby recalls that Buzhardt carne in
later. (1726)
Higby is not sure why Buzhardt or Haig carne to the
room, but speculates that there was pressure to get the
notes. (1727)
- 4 -
Higby recalls that Buzhardt was at the other
end of the room when Higby called Haldeman to review
the notes. One of the Secret Service agents ",as near
enough to overhear the conversation. (1728)
Buzhardt was told about Haldeman's instruction
to review the notes by phone before turning them over and
did not object. (1729)
Notes
Higby is positive that notes that Higby talked to
Haldeman about over the phone were the notes that were
listed as Item 1 on the list given to Higby by Buzhardt.
(1730)
Higby Conversa tion with Haldeman
Higby went through about three or four sets of
notes with Haldeman on the phone during that two-day span.
Higby thinks that this set of notes was the one that has
n m ~ been publ"ished in the paper re PR counter of fensive on
Watergate. Haldeman said "hum" or something like that \·,hen
Higby went through that particular section and Haldeman
indicated that is not a problem. Higby does not charac-
terize Haldeman's reaction as one of disgust but rather
as one of thinking that a big deal would be made of the
notes.
Haldeman's only instruction to Higby was to go
ahead and turn the original notes over to Buzhardt and to
make sure a xerox is put back in the file in the same
place. Haldeman gave no other instructions. (1730-1731)
Buzhardt wa s in the other end of the room during
the phone call to Haldeman. Prior to the phone call,
Higby indicated to Buzhardt that Higby had found the notes.
Buzhardt indicated that Buzhardt wanted the originals. (1731)
After Haldeman Call
After talking to Haldeman, Higby put everything
else back in its place. Higby either gave the notes to
Buzhardt or Sims. Higby put all the envelopes back and
locked up the safe and they all left the room together.
(1731-1732)
Removal of June 20 Notes
Higby removed only the June 20 notes. Higby saw
the other notes as he flipped through to find the June 20
- 5 -
notes. Higby had a list of seven notes he .las looking for,
but only took the June 20 notes because they (sic) indicated
to Higby that the June 20 was all they wanted and Higby
could get the rest of the notes the next day.
Higby is unsure if he kne\.,r at the tirre he removed
the June 20 notes that the June 20 tape had been obI iter-
a ted. (1732 -1 7 3 3 )
Higby Learns of June 20 Tape Er asure From Haldeman
Higby learned of the obliteration of the June 20
tape from Haldeman over the phone. Higby cannot reMember
if the call was before Higby 's removal of the June 20
notes. Higby thinks Haldeman told him of the erasure the
day before Higby went up to the files. Haldeman told
Higby that Haldeman understood that apparently a portion
of one of the tapes had been erased. Higby doesn't believe
Haldeman told Higby the date of the tape. Higby received
the call in his office at (Hi gby guesses) noon. Higby
thinks this was a routine phone call since Higby tries to
call Haldeman once or twice a week. The reason that Higby
can pin dm-ffi the date of this conversation is that Higby
recalls next hearing of this fact, Friday morning in
Higby's office. Wednesday would have been the phone call
with Haldeman and Friday, Higby was in Haig's office.
(1733-1735)
Friday Conversation with Haig
Thursday night, Haig and Higby went into Buzhardt 's
office after they got one set of notes. Haig had mentioned
to Higby ont he way to Buzhardt's office, that Haig needed
the combination; that it was Haig ' s understanding that
Nixon had the combination, but that wasn't the case. That
night, Higby called Haldeman and Haldeman wanted Haig to
call him directly on this matter.
Higby guesses Haig called Haldeman because on
Friday morning, Higby talked to Haldeman who asked Higby
to take the combination to Haig.
On Friday Higby took the combination to Haig who
was talking to Harlow. Harlow was mentioning the problem
(of the erasure). (1735-1736)
- 6 -
When Higby Learned of Erasure
Higby learned of the erasure one time before (he
heard it from Harlow) from Haldeman. Before that Higby
heard it from Haig.
Higby heard rumor there was a gap in one of the
tapes from Haldeman. Haldeman either told this to Higby
before or the night when Higby called Haldeman from
Higby's residence on the 15th at about 9:30. This was
after Higby left the te House, after Haig indicated to
Higby to have Haldeman call Haig to give Haig the combina-
tion and Higby relayed the request for the combination to
Haldeman.
It was either wednesday before the 15th or
Thursday evening that Higby knew that the tape erased.
On both occasions Higby called Haldeman. Higby called
Haldeman from Higby's office on the 14th at about noon.
Higby doesn't think he talked to Haldeman at any other
time on the 14th.
On the 15th, Higby talked to Haldeman at about
5:45 when Haldeman called Higby. Then Higby talked to
Haldeman again from Room 522 on the 15th, again from
Higby's residence at 9:30.
Higby talked to Haldeman again on the 16th. (1736-
1738)
Haldeman mentioned the problem of the gap to Higby
on the 14th, but it may have been in the evening of the
15th. Higby is not positive. (1738
Haldeman Tells Higby of the Gap
Haldeman said there is apparently a gap in one of the
tapes without indicating the date. Haldeman did not indicate
the subject matter which had been erased and did not indicate
how long the gap was. Higby is unsure if Haldeman used the
expression "gap" or " eras ure." Higby thinks Haldeman said that
the gap had been by Woods. Higby has the i mpression
that Haldeman heard from Haig that Woods caused the gap.
Higby does not take noes and doesn't recall any documents which
might refresh his memory about '''hen this conversation with
Haldeman took place.
;
- 7 -
Higby was r eferring to calendar in earlier test-
imony as to what could help Hig by recons truct the. sequence
of events. Higby has no tel eph ne log except which indicate
calls when Higby is out of his office. Higby's secretary keeps
records of phone calls when Higby is out of the office and Higby
saves these notes. Higby clearly recalls in the evening and,
(Higby believes), the day before at noon, Higby called Haldeman
and the secretary would not have records of these calls.
Higby will check to see. (1738-1740)
The 15th
Higby does not recall whether he made any attempt to
find the other six dates when he was looking particularly for
the June 20th tape on the 15th.
Higby on the next day looked for the other documents
and couldn't find any notes on (Higby ihinks) three of the
seven occasions that Buzhardt had put down on the list.
Bushardt had indicated to Higby the night before , or that
morning, that there may not be notes of all the meetings
because Haldeman may not have been in all of them .. Higby
made some jottings to himself on that list of seven dates, and
dictated which ones he could not find. (1740-1742)
Leaving Room with June 20 Notes
Either Buzhardt, Sims, or Higby had the document
and were leaving the room to xerox it. They went down to
Buzhardt's office. Higppy chatted with Haig a few minutes.
Higby wasn't in the rooM when they made the xerox . saw
the xerox copy. Higby thinks Buzhardt maintained custody of
the original and Higby was given a Zerox . (1742-1743)
Re Exhibit 61
Exhibit 61 appears to be the original notes that
Higby removed on the 15th of November from Room 522.
Higby was given a Xerox and Higby took that back to
Room 522 with Sims. Buzhardt and Haig didn 't go. Higby
and Sims opened the file and placed the Xerox back in the
file in what Higby thought was the same position as they
origina lly had been removed from. There were no more phone
calls at this time. Higby said to Sims when Sims was filling
out the log that Higby couldn't verify that only one copy
was made and Higby noted that . on the log.
- 8 -
Higby know where Buzhardt and Haig had
gone. They did not indicate where they were going and
did not indicate that they were taking the notes to
Nixon. Haig and Buzhardt have not subsequently told
Higby that they had taken the notes to Nixon.
Higby assumes Buzhardt was going to turn notes
over to WSPF. Higby was under the impression that the
contents of the notes needed to be relayed quickly to
Nixon. Higby had this impression because Haig and
Buzhardt were hurrying and wanted Higby to get the notes.
Haig came up and mentioned something about Nixon being
back in 20 minutes.
Buzhardt mentioned that he had to have the original
and (Higby thinks) Buzhardt mentioned the notes were
subpoenaed.
Higby cannot recallect that the notes had been sub-
poenaed. (1743-1745)
The lSth' and 16th
There was no secretary with Higby when Higby under-
took the searcher on the 15th and 16th.
On the 19th, a secretary did go with Higby on a
search.
Higby did not know what the contents of the notes were
before he found them on the 15th. Higby had not discussed
their substance with anyone.
Higby had the general impression that the notes must
have something to do with the Watergate affair, but not
specifically to the hearing concerning the 18 minute oblitera-
tion. (1743-1746)
June 20 Notes and Obliterated portion
Higby didn't know of the relationship between the
obliterated 18 minutes and June 20th notes when he talked
to Haldeman on the 15th in Room 522. Higby of
the relationship when he talked to Haldeman that evening
from his residence. Higby isn't cure whether he learned
- 9 -
of the obliterated portions the day before or learned
it that evening (of the 15th).
Higby's Search for Remaining Items on the 16th.
The next day Higby made a search for the remaining
six items listed and found three of those six, which his
notes will reflect. Regarding the three he found, he
remembers the dates March 13 and March 21. Looking at
the log (Exhibit 106, offered and rec eived in evidence),
refreshes his recollection as to what he found. It
indicates in general the days in question that he found
material for. It doesn't innicate the specific meetings
involved, which the list he will provide does, but does
indicate that, on the 16th, Haldeman notes dated 3/22, one
page of 1973 files, was taken by Higby and sent to Buzhardt 's
office f o ~ copying. 1973 files does not indicate Watergate
files. (It does indicate) one or the other, and Higby
looked through both. Higby looked through the Watergate
file for one item he thinks refers to one of the 1972 dates
and when he went back was able to find something in the
regular chronologic file Haldeman lept. The notes dated
3/22 are similar in form to Exhibit 61. The three things
here labeled Haldeman notes were on yellow paper, similar
to what is here. That was Haldeman's specific format;
he kept it on specific size paper, and marked and handled them
in a specific way. The log indicates also Haldeman notes
labeled 6/30, one page, 1972 file and Haldeman notes labeled
9/15, three pages, 1973 file, both of which were on the list
and were found by Higby.
There is also an item in the log indicated as brown
envelope labeled 3/21 log, tape log, and the 3/21 has no
slash marks in it and is in quotation marks. Higby thinks
the slash mark is an omission. He thinks that would refer
to the tape of March 21. It also says tape log, notes con-
sisting of 20 pages, 1973 file; Higby doesn't know precisely
what this means. The similar procedure was followed with
regard to these materials as with the June 20th notes. After
reviewing them or after pulling them out, Higby called
Haldeman once again, and reviewed them over the phone and
said, does Buzhardt want this 3/21 tape log, arid Haldeman
-10-
said, I don't know, or I think he already has another
one asd may want that one, take it down. Higby took it
down and Buzhardt indicated he didn't want it, and Higby
notes that in subsequent entry no copy was made of that
particular series of documents. It was the date, on the
list Buzhardt gave Higby, which indicated Higby was to
remove it from the file at all.
brown envelope contains, as clearly indicated,
20 pages of yellow handwritten notes. Higby speculates
not having examined the notes page by page , that the entry
3/21 log, take log, refers to a tape Haldeman had listened
to and made notations on. Higby took the materials out
of the envelope, looked to see that they were all ye llow
pages similar to Exhibit 61, and put them back in
reading them. There was nothing in the envelope but 20
pages of notes in blue felt tip rather than the
of Exhibit 61.
Higby's Search of Haldeman's Room 522 Files on the
On the 19th at 2:55 p.m. according to the log,
again looked through Haldeman's Room 522 files. Higby
thinks Buzhardt instructed him to look for the talkir_g
papers, although Higby didn't keep a reco rd of this.
After Buzhardt's request, Higby spoke to Haldeman, who
toJd him to follow the same procedure as before - go
them and check with him. Higby never found precisely vlha -=
was requested here, although they looked through a lot 0=
files trying to find the materials. There is no
between something marked safe and something marked
They are all in effect safes with independent
locks.
Higby thinks Buzhardt was aware tha t Higby was
ing Buzhardt' o'rders with Haldeman. Haig was also probe_:': 1y
aware. Higby was acting as a messenger between the
Haldeman's original instruction that the original copy 0=
the notes be put back in the file was overridden my Hai g
and Buzhardt but approved by Haldeman. (1753)
On the 19th, Higby again search the fil e s at Buzha=dt's
request with Haldeman approval. He was looking for two
talking papers. He doesn't recall which dates, but does
know they were prepared by Strachan. (175 4)
- 11 -
Strachan occasionally prepared talking papers for
Haldeman's meetings. (1754)
One of the talking papers in question involved
John Mitchell but Higby doesn't know if it was the
April 4, 1972 meeting. One paper could have been from
December 17. (1754-1755)
Higby did look through some political matters memoranda
while looking for the papers, because one of the papers
may have been attached. Diana Gwin also looked through numerous
files so Higby cannot be sure who looked at which file.
(1755-1756)
Higby says it appears that he must have been looking
for an April 1972 and' December 1971 talking paper.
The log reflects several other items also looked
through •• One is a meeting between HRH and AG 6/30/71.
Recess for 20 minutes.
- 13 -
Higby (questioning by Volner, after recess, 11:50 a.m.)
December 4, 1973
" ecords of Phone Calls
Volner requested Hi gby to produce immediately after
leaving the witness stand any notes that anyone kept regarding
records of phone calls for entire month of November, plus the list
regarding the seven items which Buzhardt gave Higby to keep, plus
Higby's dictabelts or memos typed up from the dicta belts. (1771-2)
Dec. and March-April
Talking Papers
On November 19, Hi gby discovered one of two
documents that he had been requested to find, a December 1971
talking paper, but could find nothing related to a l ate
March-early April 1972 talking paper. Higby understood
that Buzhardt, who told Higby that such a document as
the latter might exist , knew of the paper through the
Special Prosecutor's office, or probably that Strachan
had indicated its existence to Sirica. Buzhardt indicated
to Hi gby. that this had been subpoenaed. (1772-4)
Haldeman's Knoiedge
of Documents
Higby did not talk to Haldeman about having
seen this particular document which Higby couldn't find.
Higby did not know from Haldeman that this document did
exist at some time . (1773-4)
Higby indicated to Haldeman that he couldn't find both of
the documents. (sic) Haldeman did not indicate the existence
or nonexistence of that particular document, and was
K H ~ H surprised to learn Higby was up there looking.
Haldeman showed no knowledge about the prior existence of
those documents. ' (1774).
Buzhardt's list
Referrring to We log, Higby recalls looking fo r only two
documents. However, Buzhardt listed for Hi gby exactly
what he wanted. Higby returned this list te· Buzhardt at
the end of Higby's attempted search. Neither Higby nor
Miss Gwin has notes or memos to refresh his memory but
it's possible that the HRH-AG (Mitchell) of June 30, 1971,
could also have been requested. Miss Gwin does not have
such a list as far as Higby knows (1775-76)
,
f
/
File on Jan 31, 1972
meeting
- 14 -
That day Higby also took out a file that contained
Haldeman's talking points that he wanted to deliver to
(Mitchell) for a meeting on January 31, 1972. Higby
doesn't recall specifically what was in the file. but
on Nov. 19 he saw a talking paper in that file plus other
materials backing it up, including political memos . Hi gby
cannot recall why he would have looked at this file (1776-78).
Higby does not recall if the January 31, 1972 file
related to any meetings in (Mitchell's) office. These
were all Strachan documents, ideas for Haldeman to raise.
Higby doesn't think that they were reports from (Mitchell).
Higby added that Strachan kept his first drafts of talking
papers scattered throughout the files, so that is we (sic)
had to go through all these files (1778-9).
Xeroxing documents
Higby does not recall xeroxing any of these materials.
None of that was removed from the room, and there was no
Xerox mqchine in the room. The check markgs only indicate
that the papers were returned. (1779) Higby did not
remove the December paper because he went over all the
materials :m the phone \vith Buzhardt, and Buzhardt said he
did not want any (1780).
Notes on
Higby went over the notes about the campaign w/Haldeman.
The aiy thing that Higby specifically recalls on these
papers was the mention about need to set up separate
accounts involving various funds, including some money
from the dairy or milk producers (1780).
Bennett (Questions by Ben-Veniste - direct)
..... z::::::;:
learning abouL.Gap.
Bennett first heard about an obliterated portion of any
tape no more than 10 days prior to the statement made public
on(Nov) 21st. Bennett overheard this, probably from
ei ther Buzhardt or Haig. At this time no'one was hiding
the substance of the conversation from Bdnnett, and Bennett
did not know what tape was being referred to (1781-1784).
Woods-Bennett Conversation
Bennett did not knmv that Woods had some connection to
this missing portion until the public announcement.
However, on one occasion prior to the time Bennett gave
Woods the sixth tape on Nov. 8, Bennett made a brief stop
,.
~
j'
)
- 15 -
in Wood's office and she told him that there was a gap
in the tapes. Woods did not say which tape, but seemed
concerned and puzzled. Bennett did not ask her any
questions and only told her to do the best she could, and
he did not report this to anyone. (1784-87)
Nov. 13.
Woods returned all of the fifteen tapes to Bennett on
Nov. 13. Bennett then r eturned 3 tapes to the vault and
took the other 12 out to NSA. Because Bennett's notes are
unclear in showing w h e r e v ~ l these tapes were on this
day, Bennett traced his ste ps of Nov. 13, referring to
Ex 105.
Summarizing tbS, Bennett had 15 tapes from Woods and one
tape from his safe, the 4/11/73. Then Bennett took from
the vault the White House telephone tape of 5/25/72,
totalling 17 tapes. He deposited 5 in the vault, leaving
12 tapes. Bennett then had no more tapes in his safe.
That one tape had been in his safe since Nov. 7. Bennett
referred to some notes to refresh his memory. (1788-1793).
The next time that a tape was removed from the vault
after (Nov) 13th deposit and removal was on the morning of
the 14th.
(RECESS)
---------.- --"'If
l
,
16
Afternoon Session
John Bennett resumed stand, examined by
Ben-Veniste.
On November 14, Buzhardt asked Bennett to
locate any tapes which would overlap March 26, 1971
(sic) and bring them to his office. Refers to Exhibit
105. Bennett believes Buzhardt specified the Oval
Office but such is not reflected in his notes. Bennett
has checked and discovered that the inventory for
March 21 shows no recordings taken in the EOB office.
Bennett gave Buzhardt tapes identified: Office 3/23/71
and Office 3/19/71 Friday. There is a receipt which
Buzhardt signed for the tapes on the 4th (presumably
actually the 14th of November). 1794-1795
On November 19 Bennett removed nine tapes for
delivery to Woods. No other tapes were removed in the
interim (between 11/14 ' tapes removed for Buzhardt and
11/19). 1795-1796
Bennett has always had key to vault room
except during Thanksgiving (November 22, 23, 24 and 25)
when the keys \vere in a sealed envelope in possession
of Douglas Parker. Bennett knows of two keys to the
vault. 1796
On November 19 Buzhardt returned the two tapes
(overlapping March 21) which he borrowed on November 14.
Bennett does not know, but speculates t hat Buzhardt
kept tapes in his safe. Bennett does not know whether
Buzhardt gave tapes to Rose Mary Woods or anyone else
during this period. 1796-1797
On November 19 Bennett received a call from
Haig in Key Biscayne. Haig asked Bennett to get a
list from Buzhardt and procure tapes to have them ready
to give Woods who was returning from Key Biscayne. Haig
remarked that Woods would prepare highl i ghts from the
tapes. Bennett recalls no discussion of the use of the
word highli ghts r ather than transcripts. Bennett re-
calls no discussion of anything else. 1797-1798
Ten±fl minutes after his conversation with Ha ig,
Bennett received a phone call from Buzhardt. Bennett
then went over to Buzhardt's office where Buzhardt re-
turned the two tapes (which overlap March 21, 1971). Then
Buzhardt gave Bennett a copy of Jaworski's letter. There
- 17 -
was no other conversation. Bennett does not recall
asking Buzhardt why Buzhardt was giving him the letter.
Buzhardt may have said, this is the letter that is
the basis for the tapes that are needed. Bennett re-
calls no discussion about the fact that tapes were to be
given to Woods. Bennett's understandi ng was that Bennett
was to use the Jaworski l etter as a basis for removing
certain tapes from the vault which in turn would be
turned over to Woods. 1798-99
Haig did not instruct Bennett, directly or
indirectly, direct or i mplied that he was not to advi se
Buzhardt of purpose of receiving this letter or of
removing the tapes.
After talking to Buzhardt Bennett went back
and read (Jaworski's) letter to determine what tapes
would satisfy the request in the l etter. After
Bennett felt he had it straight he went to the vault
and removed nine boxes of tapes. 1800
The Jaworski letter referred to is a lette r
dated November 15, 1973, to Buzhardt from Jaworski.
That letter requests the tape recording of a number of
conversations. 1800
After removing the nine tapes, Bennett closed
the vault and went to Buzhardt's office to copy the
legends on the outside of the box. He did not see
Buzhardt. Bennett used Buzhardt's machine because it
is flat. After xeroxing the Bennett returned to
his office, made up the receipt, attached cop i es to
it and went back to work until 5:00 when Woods returne d.
1800-1801
About 5:00 someone, probably one of Woods'
assistants, notified Bennett that Woods was back.
Bennett believes he may have left word a t her office to
call. Benne tt went to Woods ' office, went through the
receipt and read the boxes off. He gave Woods the tapes
and she signed the receipt. Bennett had no convers a tion
with Woods about what she was supposed to do with the
tapes. Bennett does not believe he left Jaworski' s letter
with her. Bennett has no personal knowledge that anyone
gave her instructions on which conver sations to wvr k on.
\
J
,

- 18 -
Bennett was working nn basis she had r eceived instructions
before leaving Key Biscayne. Woods received no in-
structions from Bennett. Woods receipt appended to
Exhibit 104. 1801-02
Bennett did not notice what tape recorder
Woods had in her office at the time . " He thinks she
had one but didn't specifically look at it. Bennett
denies he was requested to l ook at Woods machine and
did so. Looking at notes he remembe rs he did look at
her machine and pushed the red button to be sure it
was inoperative. The machine was ' 'on a table beside
Woods' desk. Bennett did this on his own, no one
asked him. 1802-03
The reason Bennett checked Woods tape recorder
was that a few days before he had spoken to Steve Bull
about fixing recorde r so it Bull said he
was doing it, had already decided to do it. So Bennett,
when he saw the machine in Woods' office, reached over
and pushed the red button. It did not operate. 1803
Bennett does not know specific day he spoke
to Bull about machine and does not know whether Woods
had tapes at that time. He anticipated that Woods would
get some more t apes. 1803-04
After first denying, Bennett says he probably
knew there had been a mistake and a portion of the tapes
erased when he inspected Woods' tape recorder but that
that was not the reason he" checked the recorder. 1804-05
Bennett looked at the tape recorde r, sa\·/ the
red button-record-as he recalls pushed it and it was
inoperative , would not push down. He recalls the button
was red. He is not sure what kind of machine it was.
He thinks it was grey or beige. He did not report this
test to anyone but it in his notes. 1805
Bennett's notes say "gave identification to
FB in Harlow's office at 5:20." Someone (Bennett has no
note who) had asked Bennett to look at machine and
record its serial number for Buzhardt . This conversation
either took place when Bennett went to pick up l etter
from Buzhardt or when Buzhardt called Bennett. 1805-06
After Woods had signed for tapes Bennett said
he wanted to get the number of her machine. He didn't
realize (previously) that it was the same occasion. Both
Woods and Bennett looked at machine to find the serial
number. Bennett noticed what type of machine it was
because he wrote it down. 1806-07
'BCl1neit de ... ;; not ocil en:, it ... C, L<Yllcr<;a"/in.- v.,·tt"
3
11
')hi\(J/:" (''')It.''i'"C l" he SllI'J \vo"ti-s nt l" I1A"S tvl" -I-afe-
(Y -:r: f"lIa\ Ci-l t -hp""" Y (JH tG-, 1%0(;,
- 19 -
Bennett referred to a note he had made on
November 20th when he looked at the same machine. 1807
Bennett gives documents for introduction into
evidence. Bennett requests that his summary also be
accepted as evidence. 1807-08
Exhibit 107 for 20 November 1973
Exhibit 108 for 29 November 1973
Exhibit 109 for 30 November 1973
Exhibit 110 for 1 December 1973
Exhibit 111 for 3 December 1973
Exhibit 112 and 113 for summaries
1808-09
Exhibit 107 is a note of 20 November 1973 i n d i ~
eating that Bennett received call from Buzhardt when
Bennett was in exercise room at 2:30. At 2:35 Bennett
went to Buzhardt's office and reported the serial number
of the tape recorder. Bennett's notes indicate that he
gave identification number of Woods machine to Buzhardt
on the 19th.
On the 20th Bennett was called and went to
Buzhardt's office . Buzhardt had a recorder and foot
pedal. Bennett and Buzhardt recorded the serial number
of tha t recorder. Bennett presumes the recorder in
Buzhardt's office is not the recorder he saw in Woods'
office on the 19th. 1810
Bennett took the recorder from Buzhardt's office
and exchanged it for Woods' on the 20th. 1810
Bennett and Buzhardt recorded the serial number
of the tape recorder and foot pedal in Buzhardt ' s office.
Buzhardt then told Bennett to take this to Woods' office ,
put this in her office and bring back the machine and
foot pedal that are in her office. Bennett did that. 1811
Exhibit 107 is a note reflecting the serial
numbers of the two tape recorders. Bennett neglected
to note what kind of machine the one received from Miss
Woods was. Bennett does not know, did not check whether
the record capability was still inoperative on the
machine received . from Woods. Bennett just tood the machine
i
I
I
i
I
I
~
1
- 20 -
and foot pedal and left them with Buzhardt. Bennett
did not describe the foot pedal to anyone . He does not
know w h a ~ brand the foot pedal was. He thinks one foot
pedal was slightly different than the other. One was
a little larger. He noticed nothing else about it. He
cannot say that one had two little circular desks. He
did not examine the foot pedals. He only learned from
the newspaper that foot pedals have two buttons. Bennett
has impression that foot pedals were the same in some
respects, shape or something. Bennett can't tell whether
one was depressed with a lever and one with a knob. 1811-13
The purpose of the note (11/20 ) was to record
what Bennett gave to and received from Woods. 1813
Bennett had no discussion with Buzhardt about
the erasure of any portion of a tape at that time or
about the fact that Woods was working on tapes at that
time. Buzhardt never told Bennett prior to this Monday
that he was going to have a copy made of the tapes be-
cause he didn't want Woods working with an original.
Bennett had no conversations at any time with Buzhardt
as to whether the machine Bennett gave Woods while
taking hers had a record capability. Bennett does not
know if the tape recorder given Woods has a record
capability. As far as he knows it did, he didn't check.
1813-14
Bennett had no conversation with vloods when he
took the one from her office other than to say, Rose ,
I am going to exchange these machines. Bennett does
not know whether there was a tape on Woods' machine.
Woods certainly wasn't listening to a tape when Bennett
went into the office. 1814
Bennett is almost sure he had no conversation
with Buzhardt prior to November 26 in which they discussed
the fact that Woods was transcribing or \vorking from
tapes. The fact that Woods had nine original tapes in
her possession never came up between Buzhardt and Bennett
from the time Haig call ed from Key Biscayne until November
26. 1815
Bennett has had no other conversation ,vi th
Woods concerning the tapes or the case. He has greeted
her in the hall. The question of a gap or erasure has
only come- up in conversation once. 1815-16
Part of Exhibit 104 is a receipt dated
November 19 that Bennett received from Woods. \voods was
not nervous at the time. As far as Be-nnett knows it is
her normal signature on the receipt. Bennett does not
know if something spelled on the receipt, how the smudge
occurred. 1816
21
. -/vpo
Bennett acknowledged he assumed 1/4/72 was t ~
for 1/4/73, that tapes were filed chronologically, that
1/4/72 tape was in order of 1/4/73, that it was the nearest
Bennett could get for those dates. 1817
Bennett never observed Woods working with the
tapes after he delivered them to her. Bennett does not
know if she had some screening procedures for tee phone
calls or anybody outside her office. Bennett has no
idea how Woods office works. 1818
On November 26 either a phone call or someone
asked Bennett to see Woods. Bennett does not recall
whether it was on instructions from Buzhardt or Haig or
someone outside or someone in Woods office. Bennett
thinks one of Woods assistants said Woods would like to
see you and he went across the hall. Bennett went into
her office and Woods said she wanted to return the tapes
and made out the receipt. 1818-19
No one, aside from Woods, told Bennett she was
going to return the tapes that day. Bennett did not
know Woods was going to testify. 1819
Bennett knew at least as of the 21st that Woods
was linked to the erasure. Bennett knew exactly what
was in the press. Bennett knew Woods had the nine original
tapes on the date of the announcement of the erasure. Bennett
had no conversation with anyone about the fact that Woods
had original tapes and a tape recorder with a record
capability as far as he knew at that time. 1819-20
Bennett had no substantive discussion with
Woods on the 26th when he received the tapes from her.
;,They went over each box and rea:'! it off to make sure
.the receipt was accurate. Bennett had no capacity to
check the tapes themselves, no way to ascertain whether
the tape delivered on the 19th was the same tape re-
ceived on the 26th. 1820
Bennett returned to his office (after receiving
tapes) and put them back in the safe at 11:30. On the
way Bennett went by Buzhardt's office and at his request
took out the single box. 1821
Bennett does not know directly or indirectly if
Woods had any other tapes aside from L ~ e nine tapes des-
cribed in his recept from 19 November until today. 1821
Exhibits 107-113 were received in evidence.
- 22 -
Powers is called as a witness for Direct Examination by
6& (Il'\ fi'\ +- -G<i"VeFriment. 182 2
Powers is an attorney for the President in
this proceeding. He graduated from Loyola College,
Baltimore, Catholic University, Law School. He is a
member of the Florida and D.C. Bar arid the ABA, a fellow
of the American Bar Foundation, of the American Co llege
of Trial Lawyers, and of the American College of Pr obate
Counsel , past president of the Dade County Bar. 1822
Powers was retained as the President's counsel
on Monday, November 5 in Miami while President was
at Key Biscayne . Powers was asked to attend a meeting
at the White House on Tuesday thehlth (the 11th is
actually Sunday - he may mean t h e 6 ~ ) . Powers appeared
before Judge Sirica that afternoon at 4:30 for a status
conference. 1822-23
Powers first heard a Presidential tape recording
on November 14 when he and Buzhardt were instructed to
prepare an index and analysis required under the format
set by the Court. Powers first l earned there was a gap
or erasure in a tape that afternoon. 1823
Buzhardt and Powers had only the tape of June
20th and the Woods summary and the cue sheet she had
prepared to cue them into Erlichman's and Haldeman's
conversations. They also had the appendix to the petition
to the opinion of the Court of Appeals, a submission by
the Prosecutor's Office as to the justification for the
subpeena. 1823
At the beginning of listening to the June 20
tape, Buzhardt told Powers they had to listen carefully
as he understood there was an erasu r e on thee or four
minutes either at the beginning of Erlichman and RIldeman .
This was the first Powers knew of it. Powers thereafter
heard the buzz or h ~ ~ . 1823
Our (sic) understanding were to prepare this
index and analysis of all the subpoenaed conversations to
file by Tuesday the 20th . This was Wednesday the 14th
and we (sic) were just working on a copy of the first tape .
- 23 -
The originals had been sent to NSA to be duplicated.
We (sic) understood we would make this (gap/erasure)
part of our analysis and present it to the Court and
Prosecutor in camera as instructed on the 20th. 1824
Powers and Garment met with Woods on the
morning of November 8, the first day of her testimony.
There was no reference made in that conversation by
anyone to any gap or erasure in any Presidential tape
recording. 1825
Powers was temporarily forced to withdraw
from participation in the proceeding due to viral
pneumonia. It is his intention now to continue as
counsel to the President. 1825
- 24 -
Samuel J. Powers
(Cross by Volner)
When Powers was hired (November 5) he was told
his role would be to assist in the presentation of evi-
dence in this hearing. Buzhardt and Garment filled him
in on the fact that testimony was being taken regarding
two subpoenaed conversations which could not be located.
There was no discussion of issues, of additional missina
documents, or of the 18 1/4 minute gap. Powers was
to attend an 11:00 a.m. meeting at the White House on
November 6 and to begin presenting evidence and witnesses.
No one ever said he would be given full access to the cccu-
ments; as far as he knew he was to prepare any witnesses
he would put on the stand. (1826-1828)
Powers was introduced to Woods in the corridor at
the White House on November 7 but did not get to see he=
until 8:30 a.m. on November 8 when he saw her in her
office with Garment. Buzhardt was not there. Prior to
meeting Woods on November 8 Powers had no conversation
with Buzhardt regarding Woods ' knowledge of the entire
matter. Buzhardt had told Powers Wood-s had prepared
summaries of the tapes at the direction of the
Nothing was said about any erasure of any type by Buzha==t,
Woods, Garment or anyone; there was no discussion about
18 minute gap. (1826-1830)
At the 8:30 meeting there was no time to ask qUES-
tions about custody, handling, etc. Woods was
about two points that had appeared in the press : that s:-.e
was preparing a verbatim summary and that someone had tc_d
her to t ell the truth. They calmed her down about thos e .
Woods showed Powers her safe and the Uher tape recorder.
Woods indicated that the Uher was the only recorder she
had used since she returned from Camp David and that she
had had trouble with the one at Camp David because it we.s
manually operated without a foot pedal. Woods indicate ·:;:
the Uher was better although she had many interruptions
at her office in Washington. Powers did not look at the
foot pedal. Powers does not know if the tape recorder
brought to court (which he didn't see) was the one he
- 25 -
that day. Woods mentioned that the Uher had a foot
pedal. Woods said she kept the tapes in her safe, to
which only she has the combination. Woods said she had
not given the tapes to anyone and had not let her
secretaries help with the transcription. Powers doesn't
think he asked Woods that morning what precautions she
had taken in handling the tapes. (1830-1833)
(At 8:30 meeting on November 8) Woods did not
indicate she had talked to anyone, but Powers thinks she
had talked to Garment the day before about the substanc e
of her testimony. Powers doesn't think Woods had dis-
cussed her testimony with Buzhardt and doesn't know if
she had talked to Haig. Woods did not indicate she had
talked to Haig or Nixon about her testimony. (1833-1834)
To begin preparation of the index, on November 14
Powers and Buzhardt got the first dupe, which was the June
20, 1972 tape. Powers had heard no tapes prior to this.
Powers and Buzhardt had agreed that Powers would go through
the summaries first with a lead pencil and mark anything
he thought might be privileged or should be brought to
the Court's attention in camera. They had discussed
criteria generally and had re-read the Court of Appeals
opinion. Then Powers woul.d give the pages to Buzhardt
who, if he agreed with Powers' markings, would mark in
red pencil and then they would run the tape to that point.
They had a stop watch and would run the tape to the red
point, mark the meter reading and the stop watch. (1836-1837)
Woods had given Powers and Buzhardt a que sheet
with a meter reading as to where a conversation started.
They put the tape on the machine, listened , and if it qued
right on that number they started with that particular
number. They did not listen from the beginning of the first
number on the counter but ran the tape to the number where
the conversation started and the n started the stop watch
and went down to wherever they intended to stop at a red
mark. Sometimes there was a discrepancy in the que sheet.
Woods had not indicated where a conversation ended on the
meter number; they knew to stop listening when a conversa-
tion came to the end. Woods did not indicate other meter
readings unless there was another conversation on the
same tape. (1837-1839)
Woods had indicated a que number for Haldeman as
well as Ehrlichman on the June 20 tape. Powers does not
--.,
'.
- 26 -
recall the meter number for the June 20 tape nor whether
the Woods numbers for the Haldeman conversation and
Ehrlichman conversation were correct, but in most instances
her meter reading numbers were correct. (1839)
Buzhardt told Powers about that meter, that he
understood there was a three to four minute erasure on
either Ehrlichman or Haldeman and they had to listen to it
carefully. Buzhardt didn't say which erasure. Powers asked
what happened and Buzhardt said Woods had told him she had
pushed the record button by mistake and that is all he knew
about it. This was Powers' first information concerning the
tape. They began to listen to the tape to see if the gap
existed, where it was, if it was in Ehrlichman or Haldeman.
They discussed the appendix as to whether Haldeman's conver-
sation was includable in the subpoena. Powers thought it was
and Buzhardt agreed without questioning. Buzhardt did not
say when Woods had told him about the ~ a p and Powers did not
ask. Powers had no knowledge that Buzhardt knew anything
about the gap before Woods testified. Powers said they
would have to listen to the tape very carefully. Buzhardt
was listening to the tape with earphones and when it came
to that point (the gap) he turned one of the earphones out
so Powers ' could listen. (1839-1842)
Buzhardt and Powers were in Bull's former office on
the west side of the Oval Office. When Buzhardt came to
something he wanted Powers to hear Buzhardt would turn an
earphone to Powers and sometimes he would take them off and
Buzhardt would listen on one and Powers on other. They
never used the speaker. Powers used both earphones some-
times. It became a rough job. (1842)
Buzhardt Informing Powers of Gap: Buzhardt said on
this tape he understood there was a four to five minute
erasure either in the Ehrlichman portion or the Haldeman
part and we must listen for it and find it. Powers said
o.k. and they started. They hadn't started to run the tape
at that time. When Powers asked Buzhardt what happened
Buzhardt said he understood Woods had accidentally pushed
the record button and erased four to five minutes of one of
those conversations. There were no additional conversations
before they started to listen. Then they started to listen.
(1842) Powers was not at all concerned about questions he
had asked Woods on the stand and did not pursue this any
. further with Buzhardt before listening to the tape. (1843)
- 27 -
Buzhardt did not mention anything about the ~ 5 ~ P
other than it was a 4-5 minute erasure and Woods may have
pressed the record button. There was no other discussion
except they were working under a lot of pressure to get
the basic \'/ork they had to do completed so they could
dictate this index and analysis on the weekend to file
with the Court on Tuesday the 20th. (1843-44)
Powers and Buzhardt went through Ehrlichman having
conversation about what was privileged in the summary and
also what was not right in the summary. Powers does not
know of errors in the summaries besides an occasional wrong
word. When they saw a place out of kilter they tried to
straighten it out. (1844) After Buzhardt and Powers finished
the Ehrlichman portion they started Haldeman. They had no
summary on Haldeman because Woods had not typed one. Powers
asked why and was advised that she had been instructed that
she didn't have to, that part of it was not included in the
subpoena. Buzhardt told Powers that. Powers does not know
where Buzhardt learned this information nor does he know
who told Woods it wasn't included in the subpoena. (1844-1845)
The Haldeman portion of the tape ran for three or
four minutes with conversation and went intoa hum. They
had a stop watch running. The buzz didn't stop at the end
o f three or four minutes. When Buzhardt came to the end of
it he stopped the watch at 18 minutes and 15 seconds. (1845)
At that point Powers said let's run it further and
they picked up voices again and it ran out normally. They
went back and retimed it. (1846) On Wednesday, November 14
Buzhardt was surprised as was Powers that the buzz was
18 1/4 minutes rather than the 3-4 minutes he understood
it to be. (1846)
On November 8 Garment was the only other person present
when Powers talked to Woods. No one indicated to Powers that
an 18 minute gap had been discovered. Powers learned of the
18 minute gap on November 14. (1846-1847)
Powers talked to Woods on the 14th about the18 minute
gap to try to find out what happened. Woods said she had
pushed the record button instead of the stop button. She was
- 28 -
convinced in her mind that it \>Ias for four or five minutes.
Powers asked her about the discrepancy betwe en the 4 or 5
minutes and the 18 minutes. Woods went out a nd got one
of these newer recorder s because they were working with a
Sony. She brought the recorder in and just held it there
and showed us the buttons and said she must .havepushed
the record button. (1847-1848)
Powers did not ask Woods anything like why didn't
she tell him about this on the 8th of November. Powers
was surprised he hadn't been told this matter had been dis-
covered on November 8 rathe r: than Nov. 14. Woods was sur-
prised Powers wasn't told on November 8 rather than November
14. (1848)
On November 8 Woods was asked by Garment and/or
Powers if there was anything else bothering her about her
testimony that she was going to have to give about making
the summaries of these tapes and she said no. (1848)
Buzhardt never told Powers he had learned before
the 14th that there was a gap which lasted 18 1/4 minutes.
The first time Powers knew it was November 14. (1848)
Buzhardt agreed with Powers on the 14th that the
Haldeman portion (of tape) was include d within the subpoena.
Powers thinks they discussed that Buzhardt felt there was an
ambiguity in the language of the subpoena and asked Powers
judgme nt. Powers said it was true the subpoena read con-
versation up to 12 and in reality on the President's logs
the conversation ran to 12:45 and that Buzha rdt mentioned
previously when the Prosecutor had subpoena ed separate
conferences, they subpoenaed them separately. Powers said,
regardless, he thought the Haldeman portion is includable.
Powers reached that conclusion without having seen the
clarification from the Special Pros ecutor's office on the
13th. Buzhardt did not mention having seen the clarification.
(1849)
When Buzhardt and Powers discovered the 18 1/4 minute
gap both were surprised.by its length. They did not discuss
the differentiation in tones of buzz. Buzhardt and Po\,' e rs
discussed the time involved in the obliteration portion and
if there would be technical or technological ways that it
could be recovered if a record button had been pushed with-
out an audio signal coming over it. (1850)
- 29 -
Powers also asked if Haldeman or the President
had notes of the confe rence that we might use to fill
that area. Buzhardt left the room and found out that
Haldeman probably had notes. Powers does not know who
Buzhardt contacted. They never left the room the
tapes were together. Powers thinks Buzhardt went to Haig's
office. Buzhardt found out Haldeman's notes were there in a
safe. Buzhardt did not have the but we would
get it. Powers said we (sic) want those notes.
,gso
Buzhardt hadn't seen Haldeman's notes and he wanted
to see them. 'de (sic) felt they were covered by the subpoena
because it covered the documentary evidence as well. Arrange-
ments were made and Po.,ers first saw the original (Haldeman)
notes the morning of the 15th at 9. (1851)
(page 1852 missing)
Powers recalls that Haldeman's note contain something
about the public relations related to Watergate. Other than
that Powers remembers nothing in the notes about Watergate.
(1853 )
Haldeman's notes were gotten from his files which
were in a safe either in the White House or EOB over night
or early that morning. (of November 15) (1853)
Powers has no direct or indirect knovlledge that
Buzhardt ever gave anyone an opinion that the Haldeman portion
of this tape was not included in the subpoena. Powers doesn't
know who originated that opinion. (1853)
Bench Conference
Rule that witnesses are not to remain in court room
after testifying. (1256)
Nei ther, Woods nor Buzha rdt nor anyone ever told
why Woods listened to the Haldema n portion of the tape as she
was preparing no summary or transcript. (1256)
After Buzhardt and Powrs first discovered the 18 1/4
minute buzz Buzhardt left Powers with the tape and . ,ent a nd
reported it, Powers to General Haig. This consume d
a certain amount of time and it was after that that Woods h/ll/"
came. She apparently had been notified. Buzhardt and Powers
then discussed the gap with Woods in the former office of Steve
Bull. (1257)
- 30 -
Woods carne in and was upset that this had been
found. She said she must' ,have pushed the record button
on the tape recorder Cl,nd she said she will get the one she
using and ShOVl you "here the key is. She went and got
the Uher model and brought it in and showed them the record
button. She said I must have pushed this one when I was copy-
ing the tape. (1857-1858)
Buzhardt did not tell Powers that she(?) had already
seen a demonstration of the Uher. Neither Woods nor Buzhardt
said Woods offered to play the gap for Buzhardt prior to this
particular occasion. Buzhardt did not indicate when he had
first gotten knowledge of the existence of the gap. (1858)
Woods was to leave with the President for Key Biscayne,
1-1acon and Disney WorlS on the 16th and she wanted to know if
they wanted her to stay and attempt to type up the Haldeman
portion. Powers and Buzhardt discussed it and said that
wouldn't be necessary. They knew she needed on the trip.
They were working with a duplicate anyway and Woods could do
that when she got back. (1858-1859)
Woods didn't offer any explanation how the gap occurred.
She didn ' ,t demons:l:rate how it happened except to show them
the buttons on the machine. The record and stop
pretty close. Powers is familiar with the Sony but not the
Uher. Powers doesn't know which Mode l Uher was brought to
court. Woods understanding was that she accidentally pushed
the record button and that alone e rased a portion of it, Woods
did not tell Powers anything else, how she happened to push
that, what she was doing. She did not illustrate her pesition.
They did not go' to her office, she brought the machine over.
She didn't illustrate tha t, didn't have a foot pedal with her.
She didn't say anything about the foot pedal. (1859-1860)
Powers believes Woods said she got a phone call and had
a number of interrup tions that day . As recalls she had
been at Camp David the vleekend before and worked late into the
morning trying to do this tape. After she carne back to Washing-
ton she holed up in her office to try to finish it. It was
at this time she felt this error or accident happened. (1860)
Powers recalls Woods saying that it probably happened
when she had a telephone call and reached for the stop button
and hit the record button. Woods did not tell Powers who the
call was from. Noods did not tell Powers what she had done
during the call. Noods did not tell Powers she immediately
- 31 -
reported this to the President or mention anything about
reporting this to the President or to Buzhardt. Woods
did not mention that perhaps she had done t his more than
once during any other interruption. Woods did not speci-
fically say it happened only once that she hit the record
button. Buzhardt and Powers did not ask \Voods if she had hit
record button only once. Buzhardt and Powers did not ask
Woods how long the phone conversation lasted. Woods did
not volunteer that information. (1861-1862)
Buzhardt and Powers told Woods that the gap was
18 1/4 minutes. Woods didn't believe i t that long.
She felt it was a shorte r interval. She apparently
under the impression that it was in the conversation not
covered by the subpoena and therefore she hadn't mentioned
it to me. Powers guessed she didn't say anything about it
to other people. (1862)
Buzhardt and Powers did not question Woods in any
great detail be cause they were trying to cover the rest of
the tapes and they were going to put it in their analysis.
(1862)
The originals of the tapes were sealed. Buzhardt
and Powers went ahead to prepare the analysis by the dead-
line, Tuesday, November 20. Buzhardt was called off the
job time and again. One example, the VESCO case in Nelv York.
Buzhardt could not stay with Powers constantly but they didn't
want to work separately. On the Vesco matter was the mateer
of the tape and he had to bring that in. They played
one part about 25 times to understand it. For those reasons
they went ahead to prepare the analysis. (1862-1863)
Powers and Buzhardt discus sed disclosing this to the
Court, intended to disclose it in writing in the analysis
and in detail. They didn't think it was necessary to bring
it to court immediately as a separate item, since the original
tapes were unsealed, the original tapes were in a safe and
nothing else was going to happen to them. Also they didn't
know if the hum was on the original as on the dupe. They
had no reasOn to believe the original had no buzz. They dis-
cussed and felt imme diate disclosure was unnecessary. Other
than their discussion neither Buzhardt nor anyone POIvers
a reason for not disclosing immedi ately . They talked about
possibility of recovering the conversation and Buzhardt called
'.------>
- 32 -
Rosenbloom of NSA. Rosenbloom came to the office on Friday
and they put the question to him hypothe tical ly because
they didn't want to disclose the information. Rosenbloom
said if record button pushed over sound actuated tape it
would cause erasure. (1864-1865)
Powers and Buzhardt couldn't explain the 13 minutes
of erasure and did not at that time seek to reach any con-
clusion about it. (1866)
Besides what he has related, Powers has had no other
conversations with Woods, because she left with the President.
Since that time, to date, has had no conversation with her.
(1866-1867)
Powers has gotten no information, either directly
or indirectly, about the cause of the erasure from anyone
b·ther than Woods. Powers has gotten no explanation, either
directly or indirectly, concerning this obliteration. (1867)
..
J
,
j]C/lIJ/ tf
f c',vcrS
TAPE HEARINGS DECEMBER 5, 1973 BEFORE SIRICA /v(Jc d.J
j({1 t q
Bennett Questioned by Garment J
'l.'he Red Button
Bennett's previous testimony insofar as he
stated that he pressed a red record button was incorrect.
There is no question in Bennett's mind that the button
pressed at 5:00 on November 19 was a gray button. (1871-
1874)
Questioned By Ben-Veniste
Several people reminded Bennett since last night's
news telecast (Dec. 4) that all the buttons on a Uher are gray.
Bennett received phone calls from several people.
Bennett just testified that he looked at his
notes of November 20 o..'()d. was able to discern that it
was a Uher. The machine that the notes indicated is a
Uher is the one Benentt brought to Woods, not the machine
Woods had in her office at the time. Bennett testifies,
though, that the two machines were identical brands. (1974-
1876)
No one suggested to Bennett in yesterday's
(Dec. 4) testimony in the course of questiornng that
the button was red or grey. (Ben-Veniste reads yester-
day's transcript indicating Bennett testified four
times that the button was red.)
The reason Bennett is positive that his
recollection of the red button was wa s that
Bennett was pushing down on the button which cannot be
done on the other machine which has a r e d but ton. Th e
followi.ng day, the card on which that eve ning Ben ne tt
recorded this (sic) was in Buzha rdt's off ice and Be nnett
knows it was the identical machine. (1876-77)
Powers questioned by Ben-Veniste
Powers Meets
On
Nixon alone.
meeting. It
with Nixon: Nov. 16
Novembe r 16 at 11;46 a.m., Powers met with
Ziegler came into the room at the end of the
was arranged that Powers would meet with
I
l
-,
\.

"
-·- 2 -
Nixon just before Nixon left for Key Biscayne. Haig
arranged the meeting. There was no reason why Buzhardt
was not present. At this time Powers was acting as Nixon's
attorney. (1878-79)
There was no discussion of the June 20 tape of
Woods nor of making anything known to this Court with respect
to what (Powers) had found two days prior. (1881)
Nixon asked Powers if Powers had heard the tapes
and Powers told Nixon that they had just gotten started
and had not heard any more than the beginning of the
first tape since they were interrupted by the Vesco
matter. Nixon and Powers did not discuss the 18 mmute
buzz on the first tape. There was no other discussion
about the tapes. There was no discussion about any kind
of disclosure to the Court of the obliteration. (1881-82)
Prior to Meeting With Nixon
Prior to meeting with Nixon (on the 16th) no
one suggested to Powers not to discuss the obliteration
with Nixon. No one _indicated to Powers what Nixon's
feelings about the 18 minutes were. (1882-83)
Conversation with Nixon
. Powers didn't mention the gap to Nixon because
it just never came up. Powers has never spoken to Nixon
before or after the (Nov. 16) conversation. (1883)
Conversation with Haig
(On the 16th) Powers spoke to Haig only in the
hallway with a crowd of people present. The only thing
said was Haig's request for Powers to meet with Nixon that
morning. (1883)
Powers recalls no conversation with Haig on the
15th. (1884)
The day they first heard the hum on the tape,
the 14th, Powers discussed this with Haig after dinner.
They (Powers) told Haig on the 14th what they
had found in timing out the tape. (1883-84)
Search for Notes
Powers is not sure who put the search for
Haldeman's notes in motion except that Buzhardt didn't.
Buzhardt left Powers with the tapes and went off to start
that (the search?). (1884-85)
- 3 -
Conversations with Buzhardt
no conversation with Buzhardt
in which Buzhardt discussed a conversation between
him and Haig on the 15th. (1885)
told Powers that Buzhardt had met
with Nixon on the 15th but Buzhardt did not tell Powers
the substance of that meeting . Powers did not ask
Buzhardt for the substance of that meeting. Powers did
not have any understanding and did not draw any conclusions
about the Buzhardt-Nixon meeting because Powers had not
been in other conferences with Nixon . Buzhardt did not
indicate to Powers that Powers and the team of lawyers
had any instructions on how to proceed after the Buzhardt,
Nixon, Haig meeting of the 15th. (1886 )
The 17th
On the 17th, Haig was in Key Biscayne and
Buzhardt and Powers were in D.C . working on the tapes.
Powers had no conversation with Haig. Buzhardt did
not indicate to Powers that he had a conversation with
Haig. (1886-87)
Powers had no conversations with Haig or reports
from persons who had talked to Haig on Sunday because on
Sunday at 4:30 a.m., Powers became ill and went to the
hospi tal. Powers flew that evening to Miami and
admitted to a hospital and was not consulted about the
tapes during time in hospital. Powers was discharged the
following Saturday about noon . (1887)
Questions by Sirica
The 14th Meeting of Powers , Buzhardt and Woods
On the 14th, while Buzhardt and Powers were
working on the first tape in the west side of the Oval
Office, Woods carne into the room in the afternoon , said
she heard about the 18 minutes and shocked about it.
Woods thought it was three to five minutes and couldn't
understand how it happened except she made a mistake and
pushed the record button . Woods carried in a Uher and
just held it and showed Powers and Buzhardt the
This was the first knowledge Powers had of the gap.
Powers does nOLknow about Buzhardt ' s . knowledge. (1888-89)
- 4 -
Representation
On the 14th Powers did not tell \voods anything
about her rights if she were called to Court.
On the 8th, Powers brought Woods down at the
request of the WSPF. Woods was a fact witness as were
the Secret Service whom the White House Counsel also
brought down. Powers does not know if Woods had the
feeling that nobody was representing her. Garment and
not Buzhardt came down with her on the 8th.
Woods never asked Powers if he was her lawyer.
The question was never discussed. (1890-91)
Questions by Ben-Veniste
14th
When Powers began listening to the tape, Buzhardt
told Powers to expect a gap, but nothing was said of the
18 minute one. Buzhardt said to expect a four or five
minute erasure. Powers did not think to ask Buzhardt
why Buzhardt had not told Powers this when Powers first
put Woods on the stand. (1891-92)
Woods Testimony of 8th
Powers had no reason to suspect Woods being
involved in impropriety when Woods testified on the 8th.
(1893)
By Sirica "
Woods did not mention anything about the 18
minute gap on the 8th. Powers did not know anything
about the 18 minute gap or the four minute gap on the
8th when Woods took the Etand. (1893-94)
Powers Questioned by Rhyne
lvoods Testimony on 8th
Powers talked to Woods before her testimony
on the 8th. Woods told Powers that no one is going to
tell her to tell the truth since she would do that any··
way. Woods was concerned about the reference in the
media to her making verbatim uanscripts. Woods said she
wouldn't get all the words from the tape. Powers and
Buzhardt told her to tell the Court that she had been
instructed by Nixon to get the substance of the tape.
Only POwers and Buzhardt were involved in this dis-
cussion with Woods. Garment may have come into the room
but did not participate. Powers and Buzhardt asked if
Woods was concerned about anything else and she said no.
(1896-97) "
- 5 -
Questioned by Ben-Veniste
No one ever told Woods not to testify as to
any fact she may have had in her possession. (1898)
Questioned by Rhyne
The subject of subpoenaed versus non-subpoenaed
material never came up with Woods. (1898)
Woods Questioned by Rhyne
Woods Conference with Buzhardt and Powers
Prior to Woods testimony on the 8th, Woods
met with POwers, Buzhardt and Garment,who was not in
the room as long as the others . Woods understood that
they were her lawyers . (1901)
Representation '
Woods only met with Powers about the day before
her testimony. Garment accepted subpoenas for Woods
and this proved to Woods that he was acting as her
lawyer. (1901-02)
Woods received a subpoena to come to Court on
the 26th by a note from Garment .
Garment also accepted a subpoena from COlnmon
Cause . Garment talked with Woods in a three way conver-
sation with a man from Dept. of Justice on the IRS
case being involved in New York. (1902-03)
Haig told Woods late Thanksgiving afternoon
that Garment, Powers and Buzhardt would not be coming
with Woods and that they would not be her lawyers any-
more. (1903-04)
Woods Meeting with Garment, Powers and Buzhardt Prior
to November 8th
Garment, Powers and Buzhardt told Woods, prior
to her testimony on the 8th, not to volunteer anything
and to answer questions yes and no. Woods does not be-
lieve she was told not to discuss non-subpoenaed matters
but Woods came into Court ,vith that opinion. (1905)
Cross-Examinati on by Volner
Woods' first conversation about the 18 minute
gap was with either Haig or Nixon, and she does not re-
call which one told her first. Woods assumes Nixon would
have learned his information from Haig but she never
asked . Woods is unsure whether she was told of the gap
before or after Haig had come into the room with Haldeman's
notes, and is also unsure whether she l earned on the night
before the note's were brought in or on the afternoon when
they were actual,ly brought in (Nov . 15) . Woods knew
of the gap at the time the notes were brought in . (1905-07)
,
,
- 6 -
Woods has no idea when she first learned that
the 18 mi nute gap was in a subpoenaed conversation. (1907-
08)
Woods has no recollection and does not at all
know whether she talked with Ziegler about the extent or
existence of the gap. (1908)
Woods stopped in (to Bull's office) to see
Buzhardt and Powers on the evening of the 14th, when they
were listening to some tape for some reason, but she did
not meet with them and did not even sit down. Woods did
not demonstrate how the accident had occurred . Perhaps
they had asked Woods if she had heard the gap and she had
said yes, but Woods had no discussion with Powers and Buz-
hardt. (1908-09)
Woods had stopped in because she had received
a mess age from her secretary that day, left by Buzhardt
and Powers, to the effect that they were proud of the job
she had done (on transcribing.) (1909-10)
On the day when the going to be dupli-
cated and taken to NSA, Woods got the tapes out of her
safe and delivered them,obtained a signed receipt from
Bennett, and went back to her office. Buzhardt, Powers,
Bennett and another WH counsel were there, but Woods
does not believe Haig or Garment were present. (1910-11)
Woods did not really discuss anything with anyone at this
time and this was not a meeting . Neither Powers or Buz-
hardt said anything about a gap at the point when Woods
turned over the tapes, nor was she given any information
or instructions. As far as she then knew , the gap was
4 to 5 minutes (1911-12).
Woods was told the gap -was 18 minutes either
that night or the day. (1912) She is unsure of exact
dates. (Volner indicates the tapes were turned over on
Nov. 13, and that Buzhardt and Powers began listening on
the 14th.)
Woods does not believe she talked to Buzhardt
and Powers on the day of the 14th, although she recalls
such a conversation being in the evening in Bull's former
office. (1912-13) Woods does not recall whethe r she left
the room and then returned that evening, (1914) but Woods
denies at that time showing them the machme and indicating
which button she had pushed. (1913) Woods remember
bringing the tape recorder into that room. ("into the
presence of Buzhardt and Powers) at any nor does she
recall m any room ever showing them the button she had
pushed. (1914-15)
- 7 -
Woods was not in the room (with Powers and
Buzhardt) for more than two or three minutes. They
talked about how difficult the tapes were (to transcribe)
and they mentioned something about a meter which showed
when something was not on the tape. Noods was not
told how many tapes showed no sound nor how long the
gaps in the tapes were. (1915) Woods had previously
learned of the 18 minute gap and (Powers and Buzhardt)
said the meer showed that but they did not discuss the
fact of an 18 minute gap. (1916) Walls probably told
them that she may have caused a 4 1/2 minute gap, and if
they asked, which she does not recall them doing, she
probably told them that she could not have caused an 18
minute gap. (1918-19)
Other than talking about the inaudibility of a
piece of conversation Wich Woods had transcribed, she does
not know else they discussed since she was only there
two or three minutes. At that time all (Powers and
Buzhardt) told her was about the meter showing no sound,
and Woods does not believe they toldrer they had
actually heard the gap. (1919) She assumes she knew about
the 18 minute gap at that time but she cannot really re-
call the exact sequence of events . (1920)
(Volner reads Woods' previous where
Woods indicated she had not talked to anyone in the White
House or WH Counsel's office about the accident except
Nixon and Rhyne. (1920-22)
(Woods now agrees ''lith Volner that she told
Buzhardt and Powers on the 14th that she may have caused
a 4 1/2 bo 5 minute gap but did not cause an 18 minute
gap. (1922»
(Rhyne objects to Volner ' s ques tion's ambiguity,
but the Court indicates that if Woods is confused she
can say such. (1923-25).)
Woods, to the best of her recollection , did not
talk with anyone else about how the (4 1/2 to 5 minute)
accident occurred or the discrepancy between her
version and the fact of an 18 minute gap. (1924-25)
Woods does not recall truking to Haig about the
gaps and does not believe she did , but she is unable to
testify whether she might have mentioned something to
someone at some time. If Haig says she mentioned it to
him she probably did, but she does not recall (1925).
When Haig brough in Haldeman ' s notes to Nixon's
office, Woods does not recall that she and Haig talked to
each other except for greetings. (1926)
,
;
1
i.
_ B -
Since that day (when Haig notes) up
to today (Dec. 5), Woods does not believe she haS talked
to Haig about the discrepancy . in the tape. (IB v. 41/2
minutes.) (1927-2B)
On day, however, Woods talked to
Haig when he stopped into her office. Haig came in to
say something to the effect that Garment had accepted a
subpoena for her but would not be accompanying her to
court, and that she should get her own counsel. Haig
did not suggest Rhyne. Woods had mentioned Rhyne and
another l awyer , and Haig called Rhyne before Woods had had
a chance to do so. Rhyne then called Woods late
Thanksgiving afternoon. (192B-2BA)
(The Court, Rhyne and Woods engage in a colloquy
about determining the truth on what caused the IB minute
gap, and about whether the Court had been accurately re-
ported by the press as being dissatisfied with Woods'
testimony. Woods indicates that if she could offer any
ideas, proof or knowledge about the IB minute gap, she
would gladly do so.) (192Ba-1930e)
Woods has no direct or indirect knowledge
through any source of anyone having tampered th or in
any way altered or destroyed any portion of the tapes.
(1930e)
Garment , when he called Woods on Nov. 21, said
he had accepted a subpoena for her and would deliver it.
He did not say he was going to represent Woods solely
for the limited purpose of accepting the subpoena . He
said notiing else, and only sent the subpoena over to her
with an unsigned note. (1930e-1930f)
From the time Woods got the suhpoena on the 21st
until she testified on the 26th, Woods' only conversation
with Garment was in the hallway once, when he introduced
his daughter to Woods. (1930f)
Although on Oct. 1 Woods did believe the June 20
Haldeman conversation was not a subpoenaed one, she had
only been listening to make sure that Ehr lichman had left
the room after the President ordered (1930f-1930g )
At Camp David, Woods did not listen all the way
through the qune 20 tape on her sony tape recorder. (1930g)
Garment's Direct Examination of Haig
Haig's Function·
Haig has an overall responsibility for the total
flow of ·business· to and from the Office of the President,
including monitoring and coordinating all substantive
- 9 -
materials going to and from Nixon, both domestic and
foreign matters. (1932-33)
Haig's Pre-September Kno\vledge of the Tapes
Haig first learned of the White House tape
recording system when Nixon told him about it in late
May. Haig's familiarity with it was general; he thought
it was manually operated, or controlled by a specific
decision, rather than self-activiating. (1933)
During May and June, 1972, the Secret Service
controlled the system and had custody of the tape recordings.
(1934)
Immediately after Butterfield's public revelation
of the tape system, Haig recommended the system be ter-
minated. It was, and the tapes were transferred to the
Office of the President, at Nixon's personal direction .
(1934) On July 18, Haig instructed Bennett to establish
a system of firm custody under Nixon's control. That
evening Bennett reported to Haig that the transfer, m-
ventory of material, and custodial arrangements were com-
pleted, and described the system, which Haig was com-
fortable with. (1934-35) That evening Bennett gave
Haig a sealed envelope containing a key to the room, and
told him the combination of the tapes safe. Haig placed
the envelope, unopened , in Haig ' s office safe, where
it remained until later in the month.
Haig was aware that Nixon had reviewed some
tapes in early June. In late July, Nixon mentioned to
Haig the possibility of Nixon ' s further reviewing sub-
poenaed tapes in preparation for Nixon's post-Senate-
hearing press conference. Haig alerted Bennett of this
possibility. As it turned out, Nixon didn't do that.
(1935-36)
September 28 - Nixon Arranges for Review of Tapes
The next mention to Haig of the tapes was on
September 28 when Nixon instructed Haig to make arrange-
ments for a review of the subpoenaed tapes that day.
(There may have been preliminary discussion of this on
September 27th). (1936) The arrangements Nixon wanted
were to have Woods summarize the highlights of the tapes ,
and to have Bull cue these tapes for Woods - that is,
mark them in the reel, to facilitate her work. This was
to be started at Camp David over the weekend. (1936- 37)
- 10 -
Haig immediately told Bennett of this pro-
cedure and that Haig would have Buzhardt provide Bennett
wi th a list of the subpoenaed tapes. Haig prolT'.ptly
called Bull and told him his duties, and called Suzhardt
for a list of the subpoenaed tapes. That afternoon
Bennett informed Haig that Buzhardt had given the
list and that Bennett had the subpoenaed
tapes in his safe, preparatory to a secure movement to
Camp David the next morning. (1937)
September 29 - Buzhardt Defines First Subpoenaed Item
At 9:10 a .m., Sept. 29, Haig called
David to see if Woods and Bull had arrived; they hadn't.
At 9:50 a.m., Haig called again. Bull answered and said
he and Woods were setting up but that Bull
find a meeting between Nixon, Haldeman and Ehrlichman to
match the first item on the subpoena . (1937-38)
said he would check with Buzhardt, who was on another
line. Buzhardt explained that Cox was mistaken or con-
fused about the first item and what Cox was real ly re-
questing was a meeting between Nixon and Ehrlic!-.::-.a n
that ran approximately nom 10:25 to 11:30 on June 20 .
(1938)
After this discussion with Buzhardt , Haig
called Camp David. Woods answered ; Haig gave he= Buz -
hardt's message precisely as Haig had received and
asked her to relay it to Bull. Garment reads
Exhibit 62, a note Woods typed after this call f=om Haig:
"Cox was a little bit confused in his reques t re
of June 20th - it says Haldeman-Ehrlichman
he wants is segment on June 20 from 10:25 tc
11: 20 with John Ehrlichman alone." In is
"10:10 a.m., Sept . 29, 1973, Camp David." This essentially
accords with Haig ' s recollection of the Woods cc:-.versa-
tion. (1939-40)
October 1 - Woods Erases 4 1/2 to 5 minutes
On Oct. 1, early afternoon, Haig met
Nixon as he normally did that time of day. At outset ,
Nixon told Haig Woods . had just been in, distressed
about an accident she had had as she was the
tape of a conversation which was the fo llow-
ing a subpoenaed one. There had been some conf usion in
her mind as to the length of the meeting and the ?arti-
cipants, and she had been' listening ahead, and essentially
Nixon said that the phone rang and she described
possibly pushed the record button and having
upon returning to the machine that some of the conversa-
tion was not audible.
-11-
Nixon was concerned about Woods' state of
mind and asked Haig to have Buzhardt reassure her it
was not a subpoenaed conversation. (1941) Haig con-
tacted Buzhardt, who reassured Haig by telling him
this was not a subpoenaed conversation. Buzhardt didn't
show Haig the subpoena , which Haig had never seen nor
revi ewed. (1941) Nixon had told Haigthat Woods thought
the erased portion was 4 1/ 5 to 5 minutes long. (1941-42)
November 14 - Discovery of 18 Minutes and Tape Subpoena
On November 14, about 8:30 p.m., while Haig
was meeting w,th Scowcroft and Timmons in his office ,
Buzhardt put his head in the door and said he had a
problem and wanted to talk to Haig. Around 9
the meeting, Haig went to Bull's old office where Buz-
hardt and Powers were liste ning to the t apes and pre-
paring the index and a na lysis. Buzhardt asked Haig
ifre remembered the accident Woods described to Nixon '
and said he and Powers had just put a timer on the gap
and found it ran 18 plus minutes rather than 4 1/2 to
5 minutes. (1943) Buzhardt further said he had re-
checked the subpoena and he and Powers had concluded this
was a subpoenaed conversation. (1943)
Haig said this was a pretty late date to be
telling him something like this. (1943) Then he asked
to see the subpoena for the first time, l ooked at the
first item, and remarked that it was ambiguous and sub-
ject to misinterpretation. (1944) Buzhardt then showed
Haig the Prosecutor's brief. Haig read it, then told
the two counsels he agreed that this was a subpoenaed
conversation. (1944) Haig was concerned, as an in-
dividual, as to how this confusion could have occurred .
He also asked the counsels how they could describe the
technical problem. They discussed this situation and
were not complacent about it. (19 44 ) Haig didn't in-
form Nixon of this thtt night because it was a very
busy week for Nixon, who was at that moment meeting with
some Senators, and decided to inform him the next day.
(1945)
Nov. 15 -
The next morning Haig met with P5wers and
Buzhardt and recapped the information of the night before
with them. No new informat ion was brought up, but
Haig told them he would inform Nixon right ater Ni xon 's
speech to the rea ltors. (1945) Haig so informe d Nixon,
- 12 -
telling him of the reassessment based on the additional
descriptions prepared by the Prose cutor's office. Nixon
was distrubed and almost incredulous. (1946) Haig suggested
Nixon speak directly to Buzhardt and Nixon agreed .
Around 4 p.m. Buzhardt told Nixon, in Haig's
presence, what he had told Haig the night before. Nixon
was concerned, but not (19 46 -37) Nixon
said he couldn't remember what was in the subpoenrurlcon-
and discussed with Buzhardt whether there was
some means of ascertaining what took pace in it. (1947)
Buzhardt said they should try to get Haldeman's notes
from the meeting. (1941) Haig doesn't think he would
have focussed on whe the r these notes were under subpoena
by WSPF. (1947) may havereen discussion with Nixon
at this meet ing the possibility of recovering the
obliterated conversation, but Haig doesn't recall any.
(1947)
When they left Nixon's office, Haig asked Buz-
hardt to get Haldeman's notes if they existed. Buzhardt
returned and said he didn't know the combination of the
safe which contained Haldeman's notes. (1947-48) This
wasn't the fir s t Haig knew about Buzhardt's not having
the combination, because when Haldeman left the White
House he told Haig he had had the combination on his
safe changed . Haig had agreed that this was fine, and
told Haldeman to leave the combination with Nixon . (1948)
Haig went and asked Woods, who would have been the repository
for something left with Nixon , if she had the combination.
She didn't recall receiving it and had Acker, of her
staff, check to be sure. (1948)
When she was unsuccessful in locating it,
Haig decided to call Haldeman, who was in California.
Haldeman agreed to have Higby, who was familiar with the
files , look for his (Hal deman's) notes. (1949)
Haig told Buzhardt of this arrangement and
Buzhardt and Higby both went to the file room together.
Higby found the notes and Haig gave them to Nixon. (1949-50)
Only Buzhardt, as the ?resident's counsel, had
independent access to the file room. (1950)
Buzhardt told Haig that the . . notes indicated that
the gap on the tape included discussion onWitergate. (1950)
After Nixon was apprised of the contents of the
notes, he suggested re-constituting the tape if technically
possible. (1951)-
,
- 13 -
Buzhardt then found Rosenblum ' from NSA and the
next day requested Rosenblum's assistance from the
Secretary of Defense. (1951)
Rosenblum adv.ised that the chances of reclamation
of the gap were very s lim. Haig passed this message on
to Nixon and Powers as Nixon was leaving for Key Biscayne.
(1952)
There was concern about meeting the court dead-
line for presenting index and analysis to the Court.
It was in a with Buzhardt on Sunday, (Nov.
18) that Haig learnec that Powers had pneumonia. (1953)
Buzhardt Haig discussed the divulgence of
the fact of the gap the problem of developing the
technical reason to it. (1953-54)
Haig on the 19th that Buzhardt had
obtained an extension o f ' time to file the index and analysis.
The reason cited for .delay was Powers' illness. (1954)
Haig felt the gap should be disclosed
independently and even if a technical explana-
tion did not yet (1954-55)
On the 20tt. Buzhardt told Haig (in Memph is) that
the macrnne could notc2 responsible for the overriding
tone and that there "'2re two distinct tones. (1955) Haig
was shocked and
Haig told :;':'xon on route back to D.C. and then
met with members of counsel's office l ater that
night. (1956) emphasized the seriousness of the
situation and everyone agreed that it was necess a ry to
notify the Court. (l SS7 )
Haig left t:, e for a short meeting with
Nixon, who ageed that a move should be .. made immediately.
(1957)
There was discussion at the meeting that
Woods needed counsel -::":1a t was not oriented to Nixon. (1957)
Garment sus:: ested that the Special Prosecutor
be included in the (1957)
Sealed Bench
Recess for Lunch.
- 14 -
Afternoon Session
General Alexander Haig
Questions by Ben-Veniste (Cross)
Haig first assumed the position held by
Haldeman on a temporary basis on May 5, 1973. Although
Nixon announced on April 28 that Haldeman was leaving,
Haldeman actuallY finished clearing his office on May 6.
(1970)
Haig received a calIon May 3 while at Fort Benning,
Georgia and was asked to temporarily replace Haldeman. (1971)
Nixon first informed Haig that some recordings
of conversations existed. Haig gradually found out the
various details of the taping system. Haig never reviewed
the system for competence. (1971)
When testimony was presented to the Senate about
the character of the system, Haig recommended that it be
terminated. (1971)
Haig was not advised as to who had access to these
tapes, but Bull may have told him in early June that
the Secret Service controlled the tapes at that time. (1972)
at first
Haig/doesn't recall when he learned that Haldeman
had reviewed any tapes, but it was well after the fact.
He then states that he feels ceitain that he learned from
public testimony. (1972)
After Haldeman's testimony, Haig asked Bull about
the circumstances because Haig was concerned that he (Haig)
had not been aware of Haldema n's listening. Bull replied
that Nixon had wanted the tape reviewed and asked
Haldeman to review it for him. (1973) Haig cannot recall
any more precise conversation with Bull. (1974)
Nixon told Haig that he was going to listen
to some tapes in early June and in fact did so. Nixon
was concerned at that time about testimony that Dean
might give (1974-1975)
Haig doesn't know either way whether Nixon had listened
to any tapes before this time. (1976)
,
I
- 15 -
Haig discussed with Bull the arrangements to be
made in the EOB for Nixon to review the tapes. Haig does
not recall giving Bull a typewritten list of conversations
as Bull has testified. However it is possible that Haig
passed on a list from Nixon or from the counsel's office.
(1976-1977)
Haig recalls dis cussing with Buzhardt or Garment
a general reference by the President that his listening
to the tapes provided no surprises. (1978) Although
Haig cannot recall specific times and places, he does know
that he spoke with Buzhardt frequently. He is sure that
Buzhardt and Garment were aware of the fact that Nixon
spent a full day listening to tapes. (1978-1979)
Ben-Veniste points out that Buzhardt has testified
that he did not know anything about the taping system
until June 25. Haig still maintains that Buzhardt came
to the White House staff about that time and does not
change his testimony. (1979)
Garment objects to the question saying that there
is a difference between knowing that Nixon is to listen
to some recordings and knowing about the extent of the
taping system. Ben-Veniste objects to Garment conducting
redirect examination . Court says to proceed . (1980-1981)
[Page 1980 of the transcript is missing]
Haig decides he must have gotten the list from Nixon.
He recalls that later he was i n ~ m e d either by Nixon
or counsel that Nixon did not listen to any tape
subsequent to March 20th. (1981)
Nixon only made a general statement to Haig that
he (Ni xon) did not find any corroboration to various
publicized stories in the tapes. Haig emphasizes that
he was not the Watergate Counsel and that perhaps Bull
is the expert on the June 4 session. (1982)
Nixon did not indicate that he was unable to find
any particular tape on June 4, nor that any tape ran out.
Bull did not indicate any such thing either. (1982)
Hiig spoke with Buzhardt by phone some time in the
summer about Buzhardt listening to a tape. Haig was merely
a conduit for instructions to Buzhardt . He believes that
there was an issue that developed over a taped telephone
conversation. (1983)
J'
- 16 -
Haig had not previously discussed this issue with
Buzhardt. (Buzhardt's testimony to the contrary does not
change Haig's mind.) (1984) Haig does not recall the
other party to the Nixon tapes phone c all. (1983)
The issue came up probably because of a press story.
At first the tape was to be sent to San Clemente, but Haig
sug gested that Buzhardt listen to it. Haig then talked
to Buzhardt and instructed Buzhardt to listen to the tape.
(1985-1986)
Although Haig is sure that he specified the date he
was talking about, he cannot now remember what it was.
He hesitates about whether it is the April 15 conversation
with Dean, but after objection by Garment and und ers t anding
"where we are leading now," says only that Nixon wan ted
to refresh his memory on a telephone conversation and he
(Haig) knows nothing more. (1986-1987)
H ~ i g is sure that Buzhardt reported back on the
contents of the tape, but cannot recall the substance of
any conversation with Buzhardt about the tape. (1988)
Haig does not think that the taped conversation was with
Dean. (1989)
The Court asks that page numbers always be given
when testimony is quoted or paraphrased. (1 989)
Ben-Veniste points out that Buzhardt te stifies on
page 1082 that the conversation in quest ion was between
Dean and Nixon. Garment objects that the question focuses
on whether the conversati on was on the phone. Haig has
actually understood that the point of the question was
who the participants were and answers that it could have
been Dean with Nixon, but he cannot recall precisely. (1990-
1991)
Haig assumes that he reported back to Nixon about
Buzhardt's report, but does not remember precisely. (1992)
the fact that
Haig was very disturbed by/it had been divulged
publicly that Haldeman had listened to some t apes in
July. No one had iriformed Haig in advance and he called
Bull to his office to find out about the circumstan ces.
(1992)
Bull said that a request had been made either by Nixon
or Haldeman and it had been honored. Nixon wanted Haldeman
-17
to li sten to a tape.(1993-l994)
Haig does not recall that two deliveries of tapes
were made to Haldeman • (1994) Haig was ups e t that the
tapes were taken out of the building. (1994-1995)
Haig felt sure that after talking with Bull, a
similar incident would not happen again. (1994)
Haig also talked with Nixon about the occurance.
The conversation focused on the fact that Haig had not
been advised beforehand. They did not get into the
fact that Haldeman was listening to certain tapes or
any reports from Haldeman. (1995-1996)
Haig has never talked with Haldeman about his
(Haldeman's) removing the tapes. (1996)
between Haldeman's removal and
There was some relationship/XH the fact that on
July 18, custody and control of the tapes was transfered
from the Secret Service to the President. This was
primarily Haig's decision. (1997-1998)
Bennett established the procedure for safeguarding
and keeping track of the tapes, and then turned over the
two keys to the door of the vault and the combination to
the safe to Haig. Orginally a new room was to be found
for the tapes, but instead new keys were found to the room
that was already in a secure area. (1998-1999)
Haig means by ', saying he wanted a firm system that
he wanted control within the immediate family of the
President. Haig does not know of any removals before
this time except the two by Haldeman and the one by Nixon.
(199 9)
Haig received the envelope with the combination and
the two keys from Haig. No one entered the repository
while Haig was holding the keys. (2000)
Bennett was told to develop a system for Presidenti a l
access, but that included his personal agents, i.e. Haig
Bull or Bennett . Bull would only have access with Bennett's
approval. (2001)
The Federal Protective Service or the Presidential
Police were advised of the new rules. Bennett would approve
all entries, or Haig in Bennett's absence. (2001-2002)
·

- 18 -
Haig has never personally touched, listened to or
had access to the tapes. (2002)
Around the 28th or 29th of July, there was a discussi on
of reviewing the t apes in pr epa ration for a press con fe ren ce.
There was no finite decision, but Haig alerted Bennett . that
he may be getting a list of tapes to withdraw. There was
never any follow through. (2002-2003)
Haig does not recall if Zeigler was present when he
talked with Bennett, but Haig does not think it was
anticipated that Zeigler would listen to the tapes. (2003)
Haig believes the list of tapes would have come from
counsel's office, but can not recall any specific conversation
with Buzhardt. (2003)
Haig probably never told Bennett that the list would
not be forthcoming, but just assumed that Bennett would
understand that the project was terminated.(2004)
Bennett was given back the keys and combination and
holds them to this day. (2005)
On September 28, Nixon instructed Haig to set up a
review of the tapes a t Camp David for the weekend. This
was after several previous diecussions concerning liti ga tion
over the tapes. The purpose was to see what was in each of
the conversations and use these facts in making future
judgments. (2005-2006)
[Nodding colloquy]
In preparing for the review, Haig spoke with Bull
about cueing up the machines, with Bennett about assembling
the tapes, and with Buzhardt about prep ar ing a list of
the subpoenaed tapes . (2007)
Haig is that Buzhardt had a general app reci a tion
that a process of summarizing the tapes was beginning. (20 0 7)
Haig assumes that he would have said to Buzha rdt, "provide
my office a list of the tap es subpoenaed because we are goi ng
to start a process at Camp David this weekend of reviewing
material that is on those tapes." (2008)
Haig has a hard time believing that did not
know about the , review, because Haig discussed the first item
on the subpoena with Buzhardt the morning of the 29th. (2009)
f
- 19 -
On the 29th, Haig called Bull, to be sure that every
thing was set up. Bull asked at that time a bout the first
item on the subpoena because he was having trouble finding
the conversation between Nixon, Haldeman and Ehrlichman.
(2010-2011)
Haig refreshed his recollection with his telephone log
which has already been produced. (2012,2029)
RECESS
Haig attempted to reach Bull on the 29th about 9:10
and did in fact talk to him aobut 9:50. At that time Bull
said he could not find a conversation between Nixon, Haldeman
and Ehrlichman. Haig said that he would check with counsel
and get back to Bull. (2030)
Haig received a phone call from Buzhardt immediately
thereafter (on another matter) and raised the problem.
Buzhardt said that Cox was confused and that the conversation
wanted was one between Nixon and Ehrlichman that lasted from
10:25 to 11:20. Buzhardt did not mention that the subpoena
listed the conversation as lasting till noon. (2031)
Haig at first says that this was not the first time
he had discussed this issue with Buzhardt. He thou ght that
he discussed it on "the 1st or 2nd of October, but then is
reminded that that would be after this event. Haig became
aware that Buzhardt had given a similar opinion about the
subpoena only after this event, but still says he did not
know whether he actually knew at this time. (2031-3032)
Haig did not consult with Wright at this time with
respect to th e subpoena, and does not even know if Wright
was in D.C. at the time. (2032)
Haig is sure that he would not have asked Buzhardt such
a question with:put explaining the reason for the request.
Haig is confident that Buzhardt was told what was going to
occur tha t weekend, in a general sense. Ben-Veniste reads
testimony that he did not learn about the review
by Woods until after the fact, but Haig maintains his
position. (2033)
Haig did not attempt to get any other source to
clarif y this question before calling back to Camp David.
HAig spoke to Woods and passed along Buzhardt's message.
(203 4)
- 20 -
At this time, Haig had no idea what the substance of
the conversation was in which Haldeman had participated. (2034)
Haig did not learn that Nixon had listened to any part
of the tapes that day. He checked with Bull about the progress
later that day, and spoke with Nixon either that day or the
next. Nixon said something about the difficulty of the
task. (2035)
Exhibit 115, the President's log for September 29, 1973
is received without objection. (2035)
The log indicates that from 1:68 to 2:05, Nixon met
with Wooods and Bull and that from 2:09 to 2:21, Nixon talked
with Haig. Haig thinks this conversation was about other
things, but that Nixon did mention the difficulty of the
task. (3036)
Haig does not know whether Nixon spoke with Buzhardt
that day. It is conceivable that the two of them would have
reported a conversation they had had to Haig, but he does
not remember. (2036-2037)
The logs indicate that from 6:19 to 6:50 Nixon met with
Woods and from 6:24 to 6:26 Nixon talked to Bull and at 6:35
Nixon attempted to place a call to Buzhardt in D.C. From
6:42 to 6:53 Nixon talked to Haig and from 6:50 to 7:30 Nixon
had dinner with Pat, Julie and Woods. From 6:54 to 7:02,
Nixon talked to Buzhardt and from 7:30 to 7:35, Woods met with
Nixon. (2037)
Haig talked with Bull on the evening of the 29th to
check on his progress. After saying that nothing of significance
was discussed, Haig admits that Bull said he (Bull) was unable
to locate a tape. (2038)
Haig recalls that Bennett informed Haig that Bennett was
taking an additional tape to Camp David on the night of the
29th. Haig says that if he were told by Bull that two conver-
sations were missing, he did not focus on it. He assumed that
Bennett's taking the would solve a ny problem. (203 8)
Bull' previous testimony that he told Haig about the
missing Mitchell telephone conversation and April 15 conversation
does not refresh Haig's recollection. He continues to maintain
that he did not focus on the fact that two conversations were
missing. (2039-2040)
- 21 -
Haig says that he did not focus on the missing
conversations until considerably later when Buzhardt told
him that a tape run out and another telephone conversation
had not been recorded. When reminded · that Buzhardt had
testified that he learned these middle of October
either from Haig or Nixon, Haig says that although he expected
that Buzhardt had told him, it could have been Nixon. (2041)
[Court and counsel colloquy about time) (2042)
Haig first learned of Woods ' accident on October 1.
Nixon called Haig to his office shortly after Woods notified
Nixon. Nixon ' relayed that Woods was very upset. She said
the phone had rung and she had probably pushed the record
button, but there was no discussion about the foot pedal.
(2043-2044)
According to Nixon, Woods returned to her work after the
phone call and discovered the record button down and that
there had been an obliteration, or at least she could not
hear any conversation. (2044-2045)
At the time, Nixon thought the erasure was four to
five minutes. (2045)
Although Haig was aware that Woods had some tapes in
her possession, he did not focus on the numher nor the fact
that they were orginals. Haig assumed that the tapes would
be returned to Bennett soon, but the task was more tedious
than expected . Haig did not think of taking any security
precautions to avoid erasures of original tapes at that time .
(2045-2 046)
Haig did not discuss the accident with Woods, but
may have told her not to worry . Haig had the impression
that Buzhardt and again assured Nixon that this part was
not subpoenaed. (2047-2048)
or 2
Haig saw on October l/and passed along
Nixon's instructions that Woods be relieved of her personal
concern, after informing Buzhardt that the accident had
taken place. (2048)
Haig's logs
see Haig and that
just told her not
that the tape was
indicate that at 10:45 Woods wanted to
2:30 he actually saw her. Haig probably
to worry because Nixon was confident
not subpoenaed. (2049)
- 22 -
Haig says that his logs are not always accurate and
he is unable to recall most of the actua l events. The logs
show that he went for a ride with Nixon at 2:45, but the re
is no meeting shown around 12:00 when he thought that he
spoke with Nixon about the accident. Haig is sure that the
accident was not discussed during the ride. (2050-2051)
The only meeting with Buzhardt on the log is at 9:15
~ h i c h was before Haig learned of the accident. On the 2nd,
Haig spoke with Buzhardt twice by phone. Haig can not
recall from looking at the logs or from his memory when he
spoke with Buzhardt about the accident. (2051-2052)
Haig does not recall focusing on the two missing
conversations until Buzhardt or Nixon told him. He
claims he was a conduit at times, but that the best source
for information would be Buzhardt, Bull or Bennett. (2053)
Haig did not have any conversation with Nixon about
anyone listening to the tapes to see w ~ t the damage was
and the significance until NOvember 14. (2053)
Haig remembers focusing on the missing conversations
when Buzhardt was ready to come to Court and make the
revelations. [Garment notes that the conversations were
not recorded and therefore are not missing.] (2054)
Although Haig was aware that a search was being made
for certain tapes, he assumed Buzhardt was in full charge
of the situation. Only a few days before Buzhardt told the
court about the two unrecorded conversations, did Buzhardt
inform Haig that they definitely could not be found. (2055)
If Haig had been asked by Bull about the conversations,
Haig would have referred Bull to Buzhardt. (2055)
Ben-Veniste attempts to question Haig about his
knowledge of the gap and the two missing conversations and
how that may have related to the negotiations for the
Stenis compromise. After objections by Garment and confusion
by the Court, the proceding is adjourned. (2056-2059)
J
f
i
}
,
I
NW#;36514
TAPE HEARINGS BEFORE SIRICA
DECEMBER 6, 1973
Sealed Bench Conference. (2062)
COll rt Sealed
General Alexander M. Haig
Qqestions by Ben-Veniste (cross resumed)
Ben-Veniste asks about any conversations which Haig may
have had about the two missing tapes and at least the 5 minute
gap during the month of October and implies their relationship
to the proposal. Haig is willing to provide informa-
tion about the proposal, but the Court intercedes and says
that it has not yet decided the relevance of this questioning.
Future testimony from Haig is not foreclosed if it is decided
that this issue is relevant. (2062-2063)
Except for learning of Woods' accident on the first or
second of October, Haig did not discuss the incident again
until NOvember 14. (2064)
Haig cannot say from his own knowledge that Nixon listened
to the June 20 tape. (2065)
Exhibit 116, Nixon's daily diary lot for October I, 1973,
is offered and received into evidence. (2065)
The log does not help Haig's recollection of when he
met with Nixon on October 1. He remembers that it was
around mid-day that Nixon advised him of Woods' accident,
but the log only shows an earlier morning meeting, then
a 2:45 meeting and drive. Haig believes that all his
informal meetings with Nixon may not be recorded. (2066-2067)
The log indicates that Woods met with Nixon from 2:08
to 2:15 in the EOB office. (This may conflict with earlier
testimony by Woods that she met Nixon in the Oval Office.)
(2067)
Around 9:00 p.m. on November 14, Haig met Buzhardt and
Powers in Bull's former office. This was the first time
to the best of Haig's recollection that he had heard about
the 18 minute gap. The focus of the conversation was whether
it was considered to be within a subpoenaed conversation. (2068)
There was also discussion about the amount of work that
had to be done by counsel in preparing the index and analysis
by the deadline set by the court. (2069
. .. .- - - -- _ . . -_ .• - .. ---- -- __ ..,.
. '
Docld:31444207
- 2 -
Haig does not recall any discussion about Powers and
Buzhardt talking earlier with Woods, or any demonstration
by Woods as to how she could have made the mistake. Haig
thinks such conversation would not be significant and
wouldn't remember it. There was also no conversation about
Haldeman's notes at all. (2069-2070)
Rhyne interjects that Woods did testify that she met
with Nixon in the Oval office and tells the court that
therefore there is not an inconsistency. (He totally
missed Ben-Veniste's point!) (2070)
The June 16, 1973 letter from Buzhardt to Cox indicating
that there was a dictabelt of the President's recollections
of the April 15 meeting with Dean only came to Haig's
attention whe,n the controversy surfaced. Haig was not
familiar with rat the time it was prepared. He left this
kind of detail to counsel (2071-2072)
Haig does recall a discussion at Key Biscayne about
the dictabelt, but does not believe he saw Buzhardt's letter-
Exhibit 53. Haig only participated in the conversation in
a general sense. (2073)
A search was made to locate any documentation which 15th
would shed light on the contents of the Nixon conversation of the/
with Dean. During the same weekend, a review was made of
the meeting of April 16 with Dean; (2073)
Nixon also suggested that his own diary recollections
for that period be checked. Woods actually did the searching
of Nixon's files, probably after the group carne back to D.C.
The communications about the searches were sometimes just
between Nixon and Buzhardt. (2073-2074)
Buzhardt was the point of contact on the issue of the
President's personal recollection about whether Nixon had
dictated a memo on the April 15 meeting. (2075)
Haig does not recall if it was the weekend of November
3rd and 4th or the following week, but Nixon did convey
directly to Buzhardt that the belt did not exist. Haig
remembers telling Buzhardt also. Nixon did find some
personal notes that he had made. (2075)
Haig can not say with assurance if anyone other than
Woods actually looked through the files for a dictabelt
or notes. It is possible that Bull did, but Haig cannot
imagine that Nixon would do it himself (2075-2076)
I'
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f
- 3 -
After hearing Buzhardt's testimony aoout these events
taking place on November 5, Haig agrees that it must have
been the 5th. [Garment objects to not continuing in r e ading
the transcript, but the court asked that that be done on
redirect.] (2076-2077)
In a conversation between Haig and Nixon, Nixon talked
about his personal habits in compiling his diary. At times
he dictated notes. If he had made personal notes during the
meeting, he merely included them in the diary. (2077-2078)
Haig cannot recall any precise conversation with Nixon
about the June 16th letter-Exhibit 53-in which Buzhardt
said a dictabelt did exist. (2078-2079)
This search for the dictabelt or notes and any other
documentation on the April 15 meeting was the only such
search that Haig caused to be conducted. (2079)
Haig does not recall any discussion with Buzhardt
about locating any documents called for in the subpoena.
Haig would not have focused on the fact that the
called for in the subpoena were initially to be turne d
over the Court on November 20. (207 9-2080 )
Haig first recalls a discussion about finding Haldeman's
notes to the June 20th meeting on the afternoon of t;ovember 15.
Powers' testimony that he first the notes on the I':.orning
of the 15th do not change Haig's recollection. (2081-2083)
The conversation about Haldeman's notes took place in a
meeting with Nixon . Buzhardt and Haig may have talked briefly
before going into Nixon's office. (2083)
Buzhardt told Haig that he (Buzhardt ) did not haOle the
combination to Haldeman's files. After checking Woods ,
who also did not have the Haig called nc_deman
who offered Higby's services. (2084)
Haig does not recall trying to find Higby prior to the
meeting with Nixon , but it is possible. Haig will cr.eck his
log. (2084)
Haig's log shows an out-call from Haig's office
Haldeman at 5:30 p.m. Haig told Haldeman that the
to Haldeman's files could not be found. Haldeman he
may have forgotten to leave it and he offered Higby's services.
Haig explained to Haldeman the reason for the search 0f
Haldeman's notes, including that there was a gap in of
the tapes. (2085-2086)
- 4
Haig did not get the impression that there was any
need for clearance by Haldeman before his notes be
turned over. (2086)
Haig called Higby over and expressed chagrin not
having the comqination to that safe. Haig told that
Buzhardt would accompany Higby to the files. (208 ; ,
Buzhardt had not mentioned up to this point t:-.. t he
(Buzhardt) had any trouble getting to any
material. Only that afternoon did Buzhardt that
he could not get into Haldeman's files. (2087)
Ben-Veniste points out that Higby has testifi ec to
a certain procedure laid down by Haldeman about
over his notes. This is the first time that Haia
heard of these instructions. He claims that
does not influence what is done in the White Hous e_ (2087-
2088)
Haig states that Higby is employed by Ash and asked
by Haldeman to do this task only because he (High:! ,,'as
familiar with Haldeman's files. (2089)
Haig was unaware that Higby read the notes to
before handing them over to Buzhardt. (2090)
[Garment points out that Higby did not have to
the file room Ivi thout clearance from Buzhardt and -::::1e
Secret Service.) (2090)
Haig did not speak to Haldeman subsequent to
November 15 telephone conversation. He was not a' ... ",·.=e that
Higby continued to read notes before turning them to
White House counsel. (2090)
Although his information is second-hand believes
that the files assembled in this room (5 22) are p;:- ";': idential
papers. There is no question in Haig' s mind that
could not stop the production of these documents.
Haig saw the two yellow pages of Haldeman's on
the 15th for the first time. He had not seen any Haldeman's
notes before this time, and does not know have anv -::;articular
knowledge about Haldeman's note taking habits.
Haig would assume that Buzhardt had not had to
Haldeman's files prior to November 15 unless
arrangements had been made . (2092)

- 5 -
Haig remembers that Nixon had discussed the erasure
.or gap with Woods on the 15th. Woods was in Nixon's office
when Haig brought the Haldeman notes in, a nd Haig thinks
that they had been talking about the gap. Nixon later told
Haig that Woods was quite confused and upset about the latest
turn of events. (2092-2093)
In addition to citing Woods confusion, Nixon
discussed the difference in perception of Woods who thought
that the gap was 4 or 5 minutes when it was actually 18
minutes. There was a running discussion about how the
accident might have occurred, probably including references
to the foot pedal. (2093-2095)
It was later than the 15th that the two tones were
focused upon. (2094)
Nixon's only conversation with Haig about Woods'
explanation was an instruction to Haig and counsel to find
a technical explanation to the problem. (2095)
There began discussions on the 15th or 16th about
notifying the court. Haig emphasizes that Nixon and the
White House were doing lots of important things at the
time. There was no technical answer to problem and counsel
felt this should be included in the index and analysis.
These were some of the factors in not disclosing immediately.
(2096-2097)
There was no discussion in Haig's presence about presenting
this problem to the panel of experts who were assembling
that weekend. (2098)
Exhibits 117, 118, and 119 are offered and received into
evidence. They are Nixon's logs for November 15, 16, and 17.
(2098)
Garment points out that the experts did not have their
first meeting until November 18 (Sunday). Ben-Veniste adds
that they were being assembled and the search for the experts
had been going on for approximately two weeks prior to that.
(2099,2120)
Recess.
- - ~ ' - - ' -
- 6 -
[Pages 2121 - 2125 ordered sealed.]
Cross rcsvmec:L 6'1 13ct1-ti'r,;src
During Haig's phone conversation with Ha ldeman on the 15th,
Haldeman did not give Haig combination to his file cabinet.
Haig told him to get it to the counsel. Haig has it now because
he told Higby he , ... anted it following "this incident." Haig
got it that afternoon or early the next morning and placed it
in Bennett's custody. (2126)
There was no discussion with Higby about turning it
over to Haig. There is no reason why Higby didn't get
it for Haig right then. Haig did not get the impression
that Higby was going to talk to Haldeman about it and does
not know whether Higby talked to Haldeman. (2126-2127)
Bennett has the combination to the safe now and access
is, as it has always been, controlled entirely through
Buzhardt. The file cabinet is in a secure room and no one
can enter without his specific approval. [Ben-Veniste says
Buzhardt had never entered it before the 15th and never ha d
access to the file cabinet because no one had the combination.]
Haig understands that Buzhardt}has free acces s to that file
cabinet. (2127-2128) flOU)
Haig recalls testifying that he took the two pages of
Haldeman notes to Nixon on the evening of the 15th. Woods was
in the office talking with Nixon when Haig went in and she
stayed only for a moment or two and left. Haig first said
he had the Haldeman notes, handed them to Nixon and explained
what little he knew about them from the ciscussion he and
Buzhardt had had just previously. Nixon may have said something
about Woods , but it wasn't anything that struck Haig as
significant and he can't recall it. (1228-1229)
Haig doesn't recall meeting with Nixon and Woods after
that day.
[Ben-Veniste says Nixon 's log for the 15th, Exhibit 117,
shows that Haig met with Nixon from 12:36 to 1:15 and then at
1:18 Nixon requested that Woods join him. Later that day.f.;-C;"L
2:43 to 2:46 Nixon met with Bull. At 3: 0 1 to 3:07 Nixon met
with Ziegler. From 3:15 to 3:23 Nixon aga in me t with Woods .
From 4:35 to 4:46 Nixon met with Buzhardt and Haig and Haig
stayed with Nixon from 4 :47 to 5:07. Later Nixon met with
rloods from 6:45 to 6:53 and Haig met with him from 6:53 to
7:17.] (2l29-2l30)
Haig says this (6: 53) may have been ,,-hen he took Nixon the
Haldeman notes. He knows Woods left immediately
after he entered the office. (2130)
------ --------
.
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7 -
[Ben-Veniste continues. Haig was alone with Nixon at
6:53 and at 6:59 Ziegler joined them. At 7:03 Woods returned
and she and ziegler stayed until 7:15. Haig left at 7:17.]
(2130-2131)
Haig thinks the main focus of the discussion between
himself and Ziegler was the various issues that would come up
in Nixon's dinner meeting the next night with a group from the
House of Representatives. Haig doesn't recall the conversation
between himself, Nixon, Ziegler and Woods, but it may have had
something to do with her recollection of the incident. The
principal purpose of the meeting was to prepare for the upcoming
sessions, which Haig went to with Nixon right after that.
There would have been no reason for Woods' presence in
preparation for that meeting. (2131-2132)
Haig doesn't recall whether Nixon indicated to him on the
16th that he had had a conversation with Woods or any further
explanation by Woods of the June 20th erasure. (2132)
On the 15th it was very evident to Haig and there may
have been a brief general discussion with Woods, Haig and
Nixon about the seriousness of the problem and the need to get
an explanation. (2132)
On the 16th the focus of Haig's attention was on getting
a response to the technical issue of whether or not the tape s
could be reconstituted so they would have the material that .
was subpoenaed. If a discussion about the obliterated
conversa tion took place it \.,as not the focus of attention.
There was an ongoing series of discussions among a number of
people about how this could have happened, how Woods could have
done it, \.,hy there was a difference between four and a half
and eighteen minutes. However, Haig does not have any precise
recollection, nor he necessarily have had it because
it was a matter between counsel and Nixon primarily. (2133-2134)
Nobody informed Haig that a body of experts was being assembled. '
Had Haig known he might have suggested that the question of
reconstituting the conversation be put before that group.
Haig's advice to counsel was to , get the best technical experts
to answer that question was that NSA experts
probably fit that category well. (2134)
[Ben-Veniste says that the log for November 16th, Exhibit 119,
indicates that Nixon had dinner with Pat, Rebozo, and Woods
in Florida from 7:15 until Woods and Rebozo departed at 8:30.]
Thereafter Nixon did not there had been
discussion abou·t the explanation/ for the eighteen minute gap.
(2135) /
fo/!;)l2
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[Ben-Veniste: the logs for Sunday, the 17th, indicate
Nixon telephoned and spoke with Woods from 12:18 to 12:19-
and again from 12:21 to 12:22.1 On Sunday, the 17th, Nixon
did not indicate to Haig that he had had any further
explanation from Woods on the eighteen minute gap. (2135)
On Saturday, no such conversation took place. (2136)
Haig is confident that since November 17 they have had
several general discussions on what Woods mayor may not have
done, her state of mind and her explanation to Nixon on October 1.
They have also discussed Woods' current state of mind and
current recollections. Haig has not discussed this with Woods,
but Nixon has and has referred it to Haig. (2136)
Nixon has not conveyed any additional explanation for the
distinction between the five minute and eighteen minute gap
to Haig. Woods expressed puzzlement about the difference in
time because she recalled she had only been away from the
machine for four and a half to five minutes. Haig thinks
she was imprecise to Nixon and certainly was to Haig when
she tried to recall whether it could have happened with the
button or a combination of both the button and foot pedal.
Woods appeared to Nixon to be somewhat confused about it.
This conversation between Haig and Nixon could have
occurred on the evening of the 15th, but not on the 17th. It
was before Woods testified about it in court. Nixon told Haig
of the incident on October 1 and has mentioned it several
times since the 14th. There is no question in Hai g 's mind but
that Nixon told him Woods' explanation was confused. (2137-2138 )
Haig has heard several explanations for the discrepancy
between the five minute obliteration and the eighteen minute
obliteration. He has heard there is a possibility a foot
pedal and rapid rewind could have done it. He suspects he
heard this explanation from counsel. (2139)
There have been several theories as to the distinction
between the five minutes and eighteen minutes. One is that
Woods was tired and did not real ize how long she was away from
the machine . (2140) Haig heard that from counsel and may have
discussed it with Nixon .
Another school of thought suggests that Woods touched the
high speed rewind and in four to five minutes wiped out
eighteen minutes of conversation. He has heard that discussed
by several sources .
In regard to the discrepancy between five and eighteen
minutes being caused by anyone other than Woods, Haig has
heard discuss ions which he has referred to as devil theories •
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On the night Haig returned from Memphis and he met with
the President's counsel, they were very concerned because
tests they had made that day convinced them that the machine
Woods used could not have made the tones now on the tape.
That suggested that some outside source of energy had been
applied to the tape. Haig refers to that as the devil theory.
(2141) .
That same evening a more finite discussion was that (a),
they could not account for the energy source which made the
tone and (b), there were two tones, one lasting four and
a half to five minutes and one for the balance of the period ,
which distressed them. Perhaps one tone was applied by Woods
as she described to Nixon and a sinister force came in and
applied the other energy source and took care of the informa-
tion on the tape. That is the devil theory. No one has ever
suggested who the sinister force might be. Haig told counsel
they had to see who had access to the tapes. (2142)
Haig thinks they verified that no one except Bull and
Woods had access to that tape, according to the record they
tried to maintain.
Buzhardt gave Haig these theories on the night of Tuesday,
the 20th.
On Monday the 19th Haig issued orders to Bennett to make
available to Woods a number of original tape recorded
conver sations and sent Woods back from Key Biscayne. (2143) He
called Bennett and instructed him to get the list of documents
Jawor ski had r equested from Buzhardt and assemble the tapes
so they could provide the information requested, so I'loods
could start to review and prepare the material for submission.
There is no reason why he did not inform Buzhardt he was making
the request of Woods and the tapes be removed. It was
an oversi ght . Buzhardt would be a very active participant
in this activity.
[Ben-Veniste says that Buzhardt testified that he did not
know about this until some time l ater , when he learned \voods
was listening to one tape and had had one tape copied. But
in fact the documents in evidence, specifically Exhibit 104,
inidcate that Woods had nine tapes, all originals.] (2144)
Haig doesn't know how many tapes Woods had. He did not
order her to draw out or Bennett to issue any number. He told
Bennett to get the list from Buzhardt of what Jaworski had
recently requested. Woods went back from Key Biscayne to
start to review the latest request. If Haig told Bennett to
get the list from Buzhardt, there an obvious communications
lock which Haig assumed would take place. [Ben-Veniste: It
did not because Bennett did not inform Buzhardt.] (2145)
..
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- 10 -
[Garment: The record shows that Buzhardt furnished a
letter to Bennett and from that letter Bennett drew a number
of tapes, more than were needed, but ones he thought might
include conversations requested by Jaworski. He made these
available to l'loods. Buzhardt didn't make any connection between
the two transactions. This leaves the impression that there
was something going on that Buzhardt didn't know about which
is contrary to the facts.]
[Ben-Veniste: Buzhardt testified that he didn't know
there were nine original tapes involved or any number of tapes .
Bennett testified he never told Buzhardt.] (2146)
Haig doesn't know, looking at the list of tapes given
Woods, why the -December 27, 1972 tape was given to her. He
didn't discuss what was given to her in any way. He can
understand that Bennett, having been involved in previous
problems, would provide her with more than she would need
to be sure she had what she needed.
When Buzhardt gave Haig his various theories for the gap,
Haig knew Woods had some tapes in her possession, but didn't
focus on that in the midst of a far greater problem. (2147)
On October 29 ~ l h e n Haig had the conversation \'lith Bull,
he understood Bull was to cue up the tapes, not listen to them.
But in the process of trying to cue up the tapes he listened to
them in rapid scanning, not detailed or sUbstantive review.
The process of cueing up a tape involves finding the beginning
of a conversation. In a conversation between a number of
people, all of them would not begin talking at the beginning.
In that case Bull would have been alerted to the fact that he
was listening to the wrong conversatio n if he only heard two
participants at the beginning by quickly moving to the middle
o r end to see if a thi rd party was there . (2148-2149)
Haig did not testify that he and Bull had a conversation
about cueing up tapes . [Ben-Veniste says Bull did not
testify about having any such conversation about cueing up
tapes , or about their telephone conversation about his confusion
about the June 20 tape.] Haig says his recollections are
precise on it . (2149)
Haig does not know why the tapes provided by Bennett
o n the 19th were returned to Bennett just prior to Woods'
testimony on the 26th. They had a discussion with
Buzhardt about the need to deal with a duplicate rather than
an original, in view of the present court situation. (2150)
- 11 -
Haig doesn't recall ever ordering anyone to withdraw
Woods' tapes or having a telephone conversation about whether
Woods should return the tapes on the 26th.
[Garment: no redirect.]
[Rhyne: no ·.questions.]
[The twenty photographs Rhyne presented are marked as
Exhibits 120-139.J (2151)
No further witnesses will be called until the expert
testimony becomes available. The Court expects to receive a
report of the June 20, 1972 EOB tape sometime next week. If
it then appears necessary to conduct a further hearing, such
proceedings will be scheduled.
Court recessed until further notice. (2152)
WEDNESDAY, JANUARY 16, 1974
D,rt'J t:"rc", 0/ ;5(.<11: p
Further direct examination of Sims by Ben-Veniste
Sims became chief of the Technical Security
Division of the Secret Service on November 26, 1972.
In the course of his duties he has had supervisory
responsibility for various equipment, induding tape
recorders, in the custody of the Technical Security
Division (TSD). (2268)
There are no records to show precisely
what recorders were in the system throughout the
entire taping operation in the President's Oval
Office, the Cabinet the EOB office , and various
telephones . Sims says they know precisely what
machines were removed on July 18, 1973 at the time
it was disassembled. (2269-2270)
For inventory' purposes, there are property
cards, locator cards, made out for every piece of
equipment in the TSD. The card \</ould say the name
of the the equipment was assigned to and the
date it was assigned and returned to supply. The
only purpose of this is an informal record for loca-
tion of items at inventory time. (2269-2270)
Exhibits 147-155, file folders representing
each of the recorders, were marked for identification.
Each folder contains the case history of one of the
nine recorders in the taping system at the time it
was dismantled. (2270-2271)
Exhibit 147 is a five inch recorder, Uher
Model R-15, Serial No. 1009, Star No . (Secret Service
No.) 2446. (2271)
ExhiDit 148 is a Uher, Mode l R-15, Serial
No. 1002, Star No. 2439.
Exhibit 149 is a Sony, Model TC 800B, Serial
No. 14396, Star No. 1574.
Exhibit 150 is a Sony, Model TC 800B, Serial
No. 14384, Star No. 1576.
I
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2.
Exhibit 151 is a Sony, Model TC 800B, Serial
No. 15102, Star No . 1568.
Exhibit 152 is a Sony, Model TC 800B, Serial
No. 11866, Star No. 130.
Exhibit 153 is a Sony, Hodel TC 800B, Serial
No. 12330, Star No. 782.
Exhibit 154 is a Sony, Model TC 800B, Serial
No. 11561, Star No. 784.
Exhibit 155 is a Sony, TC 800B, Serial
No. 15367, Star No. 1839. (2272)
The folders are not the original documents.
The originals are in the TSD record-keeping system.
It was Sims' idea to bring copies. (2272-2273)
These folders -were prepared in November or
December. Folders were prepared for te House
counsel's office at the same time, but they are not
the same because certain items have been added to the
exhibits to be sure they are complete. (2273)
Sims is aware tha t last Friday Ben-Veniste
asked to speak to Sims or Wong and asked that they
bring records with regard to the TSD r e corders to
court. In between the passing back and forth between
Treasury, General Counsel and White House counsel,
Sims understands this never carne about. At the time
Sims suggested that they mee t at Sims' office instead
of Ben-Veniste's office so that if they needed some-
thing Sims hadn't brought, he could send somebody after
it. Sims was not advised not to provide documentation
at either office. He was advised that a date was being
worked out and he ,,,ould be advised when he was going to
be intervie,,,ed and could provide the documentation then.
This had not come about until this morning. (2273-2274)
The top page of Exhibit 147 is a xerox of a
small index card, the locator card used for i nventory
purposes. (2274)
I
J
3.
Sims has attempted to determine from the
notations on the card whether some of the machines
were in the White House taping system through the
entire period the system was in place, from 1971 un-
til July 18, 1973. None of the locator cards reflect
that the recorder was, for example, signed out to
Zumwalt for the entire period. It is possible that
one of the machines was in the system on February 16,
1971 when the system was initiated, was removed from
the system for some reason and sent to, for example,
. the Los Angeles Office and then later came back.
(2275-2276)
When a piece of equipment is transferred out
of the division the locator card is destroyed. When
it comes back a . new card is made to show where it
was. The Property Adjustment Card, Form 1722, a per-
manent property record from the time a piece of equip-
ment is purchased, would show where a piece of equip-
ment was transferred on a certain day. (2776)
A Form 1722 is begun when a piece of equip-
'ment is purchased. They are kept in a card file ar.d
locator cards are kept on small wire binders. They
are kept in different locations to serve the operational
needs of the Secret Service. (2277)
Sims prepared the documentation in Exhibit 147
in approximately November , just before they turned the
equipment over to the court. No one requested it.
(2277)
Exhibits 147 through 155 represent the entire
documentat ion that was in Sims' files relating to the
nine r ecorders in the system on July 18. (2277)
The court has me other recorder, a Sony 800B ,
the tenth one. This is the one Woods brough t and
they substituted another one. (2277-2278)
Sims cannot identify any other machine that
was in the system at any time. It would be s t r i c t ~ y
a guess. (2278)
4.
The notations on t he locator cards were
typed out on a sheet of raper. The typed card
was there in November (but the typed copy of the
notations was not}, The cards were provided to
White House counsel when the recorders were turned
ove r. (2278-2279)
Exhibits 147-155 were received in evidence.
(2280)
Sims cannot say which recorder was checked
out to Bull when he drew the tapes from the tape
room. He most likely would have taken one from the
pool of recorders. If he checked one out and it was
later transferred from the TSD to another office, which
happens frequently, there would no longer be a loca tor
card to refer to. (2280)
The locator card would be torn up if the
recorder was sent to another office away from TSD,
such as the Los Angeles or Memphis office. (2281)
Sims had a conversa tion ~ l i th Bull every time
it is indicated (on Exhibit 7) that tapes were checked
out. If Sims was out of the office Bull would speak
to Zumwalt and before he took action Zumwalt would
contact Sims. (2281-2282)
Sims does not recall discussing the t ap.:- rey,uesr
with Bull, Zumwalt, or anyone else on April 25, 1973.
Exhibit 7 refreshes his recollection in substance, but
not as to specific conversations. Bull requested from
S i m ~ o r Zumwalt and then Sims) the tapes listed on that
page of Exhibit 7 which were checked out at 1:45 p.m.
(2282-2283)
To the best of Sims' recollection, a recorder,
and sometimes two recorders and a set of earphones,
accompanied the tapes every time (they were checked out) .
Sims does not recall if one or t\vO recorders were
furnished on April 25 and there is no way to refresh
his r ecollection . Every time a recorder was provided to
Bull, he called and requested tapes and one or two re-
corders and head sets. A hand receipt would then be
made for Bull. When the equipment was turned in the
hand receipt was destroyed, so unless the equipment is
still checked out there would not be a hand receipt.
(2283-2284)
j
,
5.
None of the locator cards for Sony 800B
recorders, the type they always used, reflect Bull.
Nine times out of ten they reflect zumwalt or Baker.
Zumwalt reviewed the mdex cards.
The index cards that indicate that a recorder
was checked out to Zumwalt on or about April 25 were
marked for identification as Exhibit 156. (2284)
The designation "Supply" on the locator cards
means the recorder was in the supply section and no-
body checked it out during that particular time. Ex-
hibit 148 shows that the recorder was signed out initially
to R. Taylor, then Zumwalt, and on 7/18/73 Zumwalt
returned it to supply, coinciding with the date the taping
system was turned off. (2285)
The microphones were rot removed on July 18.
They are still in the EOB and Oval Office and the
Cabinet Room. The wires were cut on approximately
July 18. Sims did not participate , but instructed his
people to do it. (2286)
On July 18, the listed equipment was removed from
all the locations. The only things l eft Ivere the wires
running to the recording room. The microphones and
wires leading to the desks were left. (2286-2 287 )
At some later date the wires were cut and the
circuits removed. Sims doesn't know if it Ivas within
a week, a month or a couple of months,but it seems
like it Ivas i n August or September . (2287)
At the time the recorders were turned off on
July 1 8, Sims asked the special counsel to the President,
at that time Buzhardt, if he should remove all the micro-
phones, wires and everything. He was instructed to
remove all the recording equipment , everything from the
recording rooms, but to leave the wires and microphones
in place. (2287)
Every so often, like a month or six weeks later,
Sims would go back and suggest to Buzhardt that he cut
the wires. There were telephone circuits that wires ran
through that were still being paid for and Sims asked if
they could be discontinued. (2287-2288)
6.
At some point in time,either the first or
second time Sims asked, Buzhardt said to go ahead
and cancel the telephone lines. If a date is needed,
Sims will get it from his files. (2288)
Ben-Veniste and Sims agree to meet at 5:00 and
go through Sims' file on the White House taping system.
(2289)
The file contains a memorandum documenting what
wires were cut and when by whoever in TSD did it.
(2289).
Sims is not a technician and would have
difficulty giving instructions about where the wires
should be cut. The telephone lines were cancelled and
the wires that went into the desk, for example, were
cut and pulled back into the wall or floor or pushed
into the desk. (2290·)
Exhibit 156 is a summary of the various index
card files and was prepared by Zumwalt. The index
files were not brought to court. (2290)
The Court suggested that Ben-Veniste go through
Sims' records before Friday. (2291)
Exhibit 156 indicates that on April 26, 1973,
tape recorder Star No . 3165, Serial No . 29031 was
checked out to Zumwalt . It was returned on July 18,
1973. This was not one of the recorders that was in the
system on July 18. (2292)
The sheet does not reflect that any recorder
was checked out on April 25. The only April entry is
on 4/26. On the basis of this it cannot be said that
no machine was provided to Bull on Apri l 25. (29 22-2923)
If the list showed that a recorder was checked
out prior to 4/25/73, i t may have been part of the pool.
The pool \.;as signed out to Zumwalt through Baker. It
was drawn upon to provide Bull \.;i th one or two recorders.
The purpose of the pool was to loan recorders to Bull so
he didn't have to go to the supply room and draw a
recorder and check to see if it was working each time he
asked for tapes . (2293)
Sims agrees that if there was a recorder avail-
able in the pool on the 25th and Bull asked Sims or
Zwm.;alt to supply him with a tape rec9rder so Haldeman
7.
could listen to a tape, Sims would give him one
from the pool rather than check one out from the
supply room and sign an indicator card. On the 26th
Zumwalt checks a recorder out, not from the pool.
From this there is an inference that the recorder was
supplied to Bul l on the 26th. This is only an inference
because ZUITMa lt may have used it for something else.
(2294 )
Aside from the locator card, if a machine
is loaned to the White House staff a hand rece i pt
is prepared. This is destroyed when the machine is
returned. Aside from those for the machines the
White House has, there are no hand receipts in existence.
(2295)
After Butterfield's testimony this became an
issue and Sims started keeping hand receipts. ( 2296 )
The hand receipts and receipts to t he court
were marked for identifi cation as Exhibit 157. These
are copies of the original hand receipts in the file
on the White House taping system. (2297)
Unless there was a n oversight, Exhibit 157 should
contain all the hand receipts from the time of Butter-
field's testimony until today. Sims issued orders that
they not be destroyed after an item was turned in. (2298)
Sims says that Ben-Veniste is relying too
heavily on Exhibit 156 which lists from the locator
cards all the Sony 800B recorders signed out to Zumwalt
or Baker and he is trying to make the dates coincide with
the checking out of tapes by Bull. Recorders are trans-
ferred out of TSD depending on the needs of the field
offices and there would be no locator card for these .
Sims will supply a list of all machines of that
variety that were transferred out after April 26. (229 8)
In addition to the list of Sony 800B recorders,
Sims asked Zumwalt and Baker to provide a list of Uher
recorders. Sims did not provide a summary such as
Exhibit 156 with respect to the Uher 5000 recorders.
He tried· to make a complete . case history for each Uher
5000.
In April 1973 there were four Uher 5000 re-
corders. Now there are five. (2299) '
8.
Sims cannot say what r ecorder was furnished
to Buzhardt on June 25, 1973, other than the one
that was provided to Bull. (avO)
On Exhibit 156 there is a notation that on
June 25, 1973, recorder Serial No . 14393, Star No.
1578 was checked out to Zumwalt. It was returned
to supply on July 16. It is possible that this
machine was removed from supply to be furnished to
Buzhardt on June 25 when he listened to the tape.
(2300)
until it became public knowledge, Sims
didn't know Haldeman had any tapes or r e corders. (2300)
The machine that was furnished to Bull ' in
July B73 could not have been a Uher 500 recorder.
To S ims' Bull has never been provided a
Uher 5000 by Sims or Zumwalt excep t on 10/1/73.
(2300-2301) .
Exhibit 156 shows no entries for July. Exhibit
7, however, \vhich was prepared under Sims' supervision,
indicates that various tape s we r e supplied to Bull on
July 11 and returned on July 12. It was Bull's prac-
tice to return the recorde r along with the tapes . It
is possible that the recorder he used was checked out
before July 11 and was in the pool. (2301)
Sims and Zumwalt cannot identify the tape
recorders that were us e d from the pool. (2302)
Exhibit 7 reflects that on June 4, 1973, Bull
requested tapes so that Nixon could listen to them.
Sims does not know which recorder or recorders were
furnished to Bull then. (2302 )
Exhibit 156 shows that a Sony 800B was checked
out by Zumwalt on 6/4/73 and checked back in on 7/26/73.
This may have been furnished to Bull on June 4. (2302)
Sims recalls generally the request for tapes
on June 4, 1973 as indicated in Exhibit 7, but not
specific conversations. He participated in rounding
up the tapes and supplying them to Bull. (2302-2303)
9.
On every occasion that Bull requeste d tapes,
he either stated or implied they were going to . ,e us ed
by Nixon. This goes back to April and as far back
as Exhibit 7 reflects. On April 4 Sims assumed
again that the President would be li&ening to the
tapes. On no occasion did Bull indicate that anyone
else would be listening to 1:he tapes he checked out.
(2303-2304) Sims does not r e call how many tape
recorders were furnished to Bul l on June 4, 1973 or
whether he or ZIDmvalt gave them to Bull or Bull picked
them up. (2304)
On two or three occasions Bull was provided
with several tape recorders, possibly three but not
five. A Uher was not furnished to Bull on June 4 or
any other time he checked out tapes. Bull was never
provided with any other recorder than a Sony 800B e ~ e ~ p T T A c
Uher 5000 on 10/1. (2304-2305)
Sims understands from Zumwalt that on one occasion
Bull requested a recorder and a small Uher , a model
4000, was taken to him. Immediately the 800B was taken
to his place. Sims can't fix a date on it. (2305) -k rku;;,,).
r-t\,,,- Wh,
There are 25 or 30 Uher 4000 recorders l1 Zum-
walt reviewed the file cards to determine which Uher
4000 was sent to Bull, but was unable to find it. The
Uher 4000's are used in many field offices and there is
no way to tell v (2305-2306)
1,0/, ,He i t t.S.
Sims does not know what, if any thing) was supplied
to Bull in conjunction with the tapes supplied to h im
on July 10 and 11. (2306)
Sims has a general recollection of discussing
with Bull the withdrawal of tapes and recorders on
September 29,1973. Sims knows from a document in the
file of hand receipts that on September 29 Bull wanted
more than one recorder. (2306)
This document is marked for identification as
Exhibit 158. (2307)
Exhibit 158 relates to the tenth recorder in
possession of the Court. This is the Sony 800B r ecorder
that was substituted for the one Woods brought to Court,
Serial No. 14423. The document is a hand receipt that
says three Sony 800B recorders, Serial Nos. 14423, 11461,
.'
10.
and 12330 and two Sony BR 7A head sets "ere checked
out to Bull on 9/28/73. The Sony 800B Serial Nos.
14423 and 11561 were returned on 10/1/73 along with
one head set. The Sony 800B Serial No. 12230 and the
second head set were returned on 11/8/73. (2307)
Sims does not know if Bull took three recorders
to Camp David on the weekend.
On October 1, a Uher 5000 tape recorder, Exhibit
60, was purchased. Exhibit 159 relating to this re-
corder is marked for identification . Exhibit 159 reads :
Co-1-23206 White House taping system, Uher 500 recorder
(SN 33929). (2308)
Co-1-23206 is the Secret Service file number,
the file contaimng all the information on the taping
system. The original documents are in the supply area
and are not in the file. (2309)
On October 1, 1973, around 10:00 a.m., Buli con-
tacted Sims in person or by phone and asked for are"
corder with a foot pedal so that someone who was typing
could use their foot to make the t ape go forward and
reverse. Sims said he would have to check to see if
there was one in stock. Sims checked with Zumwalt or
Baker, probably Zumwalt because he was in charge of that
area. Zumwalt asked Reed, the supply supervisor, who
checked and reported back to Zumwalt. Zumwalt told
Sims that there was not one availabl e , but the Uher 5000
had a forward and backward foot pedal . Sims contacted
Kelly, his immediate supervisor, told him of the request
and that they knew where to purchase one and they could
us e it in their day-to-day ope rations. Kelly said to
supply it. Sims advised Zumwalt to make the purchase and
Bull asked to have the recorder by noon. They initiated
a purchase order and sent someone, not Sims or Zumwalt
to the Fide lity Sound Company at 1200 18th Street, N.W'l
after determining that they had the recorde r in stock.
It was roughly 12:45 when they got the recorder to
TSD. (2310-2312)
There was no problem getting a Uher foot pedal .
It came with it as a package. Sims is shown a foot
pedal from evidence, a Fidel tape foot pedal. He does
not know if this is the one that came with the recorder.
(2312-2313)
11.
One of the TSD technicians checked the
recorder to see if it operated. Then Sholl, a ·
security specialist in TSD, and Sims took the recorder
and foot pedal to Bull's office. They got there
around 1:15. Sholl then explained the machine to
Bull. Sims stayed during the two or three minute ex-
planation and then left with Sholl within five minutes
of the time they arrived . They left around 1:15 or
1:20; Sims is not precise on the time. Sims does not
know what Bull did with the recorder afterward . The
fact that Sholl accompanied Sims and expl ained the machine
was noted on the hand receipt, 'which the machine was
checked out to Bull. (2313-2315)
Exhibit 159 is offered in evidence and given
to Sims. The purchase order indicates one recorder,a
Uher 5000 with foot pedal/was received on 10/1/73.
The property card which is immediately made out and
the hand receipt to Bull show again 10/1/73. (2316)
On November 9, 1973, probably a Friday, Bull
telephoned Zumwalt while Sims was temporarily out of
the office and asked if the TSD could modify the Uher
5000 recorder so it would not record but could still
be used. Zumwalt documented this. He advised Bull
it could be done and would take approximately half an
hour. Bull said the machine ~ l a s not available then,
but as soon as it was available he wanted it done and
he woWd notify them. (2316-2317)
On November 12, probably a Monday, Bull telephoned
'Sims and asked that the recorder be picked up in his
office, modified so it woul d not record, and returned to
him on the same day. Sims has a memo by Messenger dated
November 12 which states that he modified the machine.
(2317)
On November 20, Sims received a request from
Buzhardt that the recorder be picked up in his afice
and restored to its original state. This was done
by Messenger on the same day. It was returned to Buzhardt
in EOB Room 188 - 1/2 by Messenger. In the file Sims
has Messenger's November 20 memo reflecting exactly
what he did. (2317-2318)
Sims does not know whether the machine was ever
returned to Woods after that. (2318)
12.
Ben-Veniste: According to Woods' testimony
at page 832 she listened on October 1 to the tape of
the June 20 meeting for two or two and a half hours.
On page 1275 she testified that at approximately 2:15
she went to Nixon's office to inform him of having made
a mistake on the tape. The White House logs for October 1,
Exhibit 116, indicate that at 2:08 Nixon met with Woods
in the EOB. (2318-2319)
Sims was not aware that on October 3 and 4 Bull
and Woods went to Key Biscayne, Florida, with tapes and
recordi!lg equipment. There \vould be no record main-
tained by TSD of movement of equipment from the White
House to Key Biscayne. Sims believes there was TSD
equipment in Key Biscayne. (2320)
Ben-Veniste reads Woods' testimony at page 805:
Following the \veekend at Camp David, Woods worked on
the tapes every time she could in the office. Then on
October 4 she went to Key Biscayne and worked in the
villa until they came back on Sunday night. She took
all eight tapes along. Steve Bull carried them. (2323)
Ben-Veniste: On page 1213 of Woods' testimony
she indicates that she used the Uher 5000, Exhibit 60 ,
first on the day after they returned from Camp David,
at her office at the White House. On page 1215 she
says she did not leave the machine at the White House
at all times from October 1 until the day of her testi-
mony. They took it to Key Biscayne when they worked on
the tapes down there. It was the only machine they
had down there. (2330-2331)
A representative of TSD did not accompany
Woods to Key Biscayne on October 4. They were present
at the Presidential compound at Key Biscayne tha t week-
end. Whenever the President travels one or more repr e -
sedatives go with him. To Sims' knowledge none of them
assiste d Woods or had knowledge of her playing the tapes.
The first Sims knew of a safe and Secret Service guard
to guard the safe in Key Biscayne was when he read the
paper as to testimony. (2331-2333)
Ben-Veniste: Bull said that when they got
down to Key Biscayne they ohained a h eavy safe from the
GSA or Secret Service. The Secret Service provided an
armed guard 24 hours. They did not knOl¥ what they were
do not know. Bull, Woods and one
technician were the only ones with access to the safe
combination.
13.
Sims says he did not know this. His
people did not guard the safe. He does not know if
the technician could have been someone from the White
House Communications Agency or someplace e l se. (2333 )
Exhibit 157, a hand rece ipt, indicates that Bull re-
c ei ved c ertain equipment on the afternoon of October I)
1973. Ztirr.walt filled out the top of the receipt for
Bull's signature. A second item which was turned over
is a Uher foot pedal which bore no serial number.
(2333-23 34 )
'fA-an The:. 0(1 c
TSD had moreAfoot control at that time.
The pedals for t he Uher 5000 r e corders they have are
different. The foot pedal has two l ittl e buttons
like dimmers on a car. The mode l number of the foot
pedal is F-261\ Sims does not . know t he brunet..
(2334) a(!(! tiret , i'j 1-0 the ..f', le_.
Sims reads that it is a Uher universal 5000
Recorder and Uher 690 foot control . They ordered and
obt ained four of them on 2/18/72. The case histories
of the recorders are marked for identification as
Exhibits 1 60 through 163 . Sims ide ntifies them as
the case history documentation of the additional Uher
5000 recorders . Exhibits 160-163 were received in
evidence. (2335-2336)
Ben-Veniste asks that the White House prcvide
logs of the President for Octobe r 4 through 7, 1973 .
Hauser says they don 't have them in court, but ,,;:'11
c heck .
Exhibits 160- 163 are detailed versions
to those provided for the Sony 800B's which were
in the taping system at some point. ( 2336-2337)
The TSD could have something to do with
opening of safes in the Wh i te House that canrrt c= opened,
but normally GSA handles that. The TSD would main-
tain t he combinations . Whenever a safe drilling
the GSA does it. Sims does not recall drilling a safe .
On the occasion that Baker was present the GSA c=il l ed
the safe . The Secret Service was present . They :'1ave
r esponsibility for securi ty of the complex. was
there because the workman from outside "las in t!-.= com-
pl ex. Frequently the Secret Service assists some-
one cannot get i n their safe because it' s mal -
functioni ng . Sims i s personally not familiar Woods '
safe . He is' not sure i f GSA is respons ible for :::ocumen-
tation conce rning her safe. The Secret Service ·. 'ouid have
no documentation except that they would change
-- ----- - ---- ---- ---or
,
't
,
J
14.
coniliination annually or whenever it is
required. (2337-2338)
Aside from the TSD, the White House Communi-
cation Agency maintained tape recording equipment
at the White House. Sims does not know if they have
the Uher Model 5000 recorder. (2338-2339)
Cross Examination of Sims by Hauser
Exhibits 160-163 shew that the four Uher
machines were in supply April 25 and 26 and July 10 and
11. This supports Sims testimony that there were no
Uher 5000 recorders provided to Bull on the dates he
checked out tapes. (2339)
until Butterfield testified about two days
before July 18 the taping was for historical pur-
poses, to be sent to the President's library when his
administration left office. So until then the same
records were not kept as were later. (234 0)
Exhibits 147-155, case histories of tape
recorders removed on July 18, all contain a memorandum
to the file showing what equipment was removed from
the White House taping system, the EOB and , the ",hi te
House Recording Room. in July 1 8 , 1973. It does not
indicate whether the wiring was cut. (2340-2341)
Cross of Sims by Rhyne
At the time Sims was asked to fix the Uher
recorder, Exhibit 60, so it would not record, he was
not asked to clean up the machine to make it stronger
so Woods could hear the tapes better. At the time the
recorder was modified there was a tone prob lem. The
case had gotten pushed against the tone control lever
which caused distortion in the tone when you listened.
The technician wrote on the form that he shifted the case
cover which casued the problem to stop. It is not indi-
cated in the file on that recorder that they were re-
15.
quested to clear it up so the tapes would produce a
better and louder tone. zumwalt took the message
and would know if that request was made. (2341-2343)
Further Direct Examination of Bull by Be n-Veniste
As a general rule Bull traveled with Nixon.
He was never informed beforehand that he would be
going. He went automatically. (2345)
About mid-week before the weekend of October 4-5,
1973, Bull learned that the Presidential party was going
to Key Biscayne that weekend. (2345)
Bull doesn't recall being told that Woods
was going to continue working with the tapes at Key
Biscayne. He knew she was continuing work on them,
but doesn't recall who told him or if he was told.
(2346)
Bull doesn't recall being told that he was to
help carry some tapes down, but it may be so. He did
carry some tapes to Key Biscayne, but doesn't know if
he instituted it on his own or somebody asked him.
If he did it on his own, Woods would have been carrying
heavy tape recording equipment and he would have offered
to carry it for her. (2346-2347)
Bull recalls packing the tapes on the morning
of the day they left (October 4, 1973). He packed the
tapes, a tape player with a foot pe da l and a couple
of earphones and a manilla folder containing notes
he had made the previous weekend at Camp David about
which tapes contained which conversations into a soft
leather carrier bag. At least that far in advance
he knew Woods would be listening to the tapes in Key
Biscayne and that he might be asked for assistance in
carrying t h e ~ up. He doesn't remember who he talked
to on the morning of October 4, how he learned that
Woods would be listening to tapes or if he learned thE
in conversation with Woods. He may not have been in-
formed. He may have simply continued assisting her as
he had the previous weekend, the weekend of September
29, at Camp David. (2347-2349)
16.
The foot pedal they took was about four by
four or six and had a flat surfact for making the
tape go forward and another portion like a small bar
with a perforated top for reverse. (2349-2350)
Either Sims or Zumwalt, someone from TSD,
instructed Bull m the operation of the foot pedal
on the Monday before they left, on October 1. (2350)
They took only one tape recorder to Key Biscayne,
a Uher with a foot pedal.
Bull doesn't recall if they took transcripts
Woods had typed before.
Bull carried the briefcase himself.
Bull received the tapes from Woods out of her
safe in her of rice where he packed them into the brief-
case . He doesn't recall seeing her open the safe and
removing or where the tapes were, on her desk or
someplace else. He doesn't recall. being handed the tapes.
He recalls placing them in the briefcase in her office.
(2351-2353)
Bull thought this was a continuing process and
he would be of assistance to Woods at Key Biscayne as
he had been at Camp David. (2353)
On Monday, October I) it occurred to Bull that
l'loods might be having difficulty typing and operating
a hand-activated recorder like she had used at Camp
David. He inquired of Sims or Zumwalt of TSD
the Sony could be modified so a foot pedal like a
stenographer might use could operate the machine. He was
advised that the Sony could not be modified, but they
might be able to get a machine that would run a fifteen-
sixteenth inch per second tape and be by a foot
pedal. (2353)
Sims or Zumwalt said they would have to check
to see if they had such a machine in supply. Later
that morning Sims told Bull they had located one, were
going out to buy it and would deliver it. (2354)
They subsequently delivered the machine to Bull
because he the one who had asked for it. He never
told them he wanted it for although they could
specul ate . A third person was there who explained hm."
the machine worked and .,here to plug in the foot pedal
and earphones. (2354)
17.
Bull subsequently recalls carrying the
recorder in a large suitcase into Woods' office
which was next door to his. He set it up for her,
showed her how to operate it and may have put a
tape on for her. He doesn't recall whether she I.,.as
listening to tapes when he went in to see her or if
she had the recorder in her office. Bull thinks he
received the recorder around noon or one o'clock.
Woods had been having trouble completing her revi ew
process so he had asked for the recorder as soon as
possible. He made the request as soon as the TSD
people came in. (2355-2356)
Bull didn't know how much trouble Woods was
having making the machine work, but he observed her
and was told it was taking her a very long time. She
may still have been working on the June 20 conversation.
She started on the June 20 conve rsation on Saturday.
Bull doesn't know when she completed it or if she was
still working on it on Nonday. (2356)
Bull may have cued the tape up for Woods on
Monday, changedfue tape from one machine to another.
He doesn't recall whether the machine was the re, the
act of putting on the tape, or the exact hour the new
machine was jelivered. (2356-2357)
Bull's intent was to f acilnate. He doesn't
remember what t he conversation was about Woods having
difficulty. (2357)
It took about ten seconds for the t echnica l ser-
vice people to demonstrate how to use the new recorder.
After they l ef t Bull r epacke d it in the suitcase in
which it was delivered, carried it next door to ,,'oods,
unpacked it for her and set it up. Bull believes ,,'oods
was there at the time , but is not certain. If she was
there he would have demons trated it. Some time that
day Bull demonstrated it to her, but he is unsure when.
(2358-2359)
When they went to Key Biscayne, Bull carried the
bag aboard and off Air Force One. He maintained custody
until adequate security measures had been established in
one of the villas at the Key Biscayne Hote l where Woods
was staying. GSA or Secret Service provided a safe and
the Secret Service provided a guard. (235 9 )
j
1
18.
That weekend Woods stayed at the Key Biscayne
Hotel in the same villa as the one in which the safe,
Secret Service guards and tapes were. A villa is a
single unit dwelling like a townhouse. It was like
a two-story bungalow. The safe was in one room on the
first floor with the agent who guarded it and maintained
a log of who opened and closed the safe. It was a com-
bination safe. Bul l stayed in a hotel room in the hotel
itself. (2360-2361)
St. Clair will try to find the log and pro-
vide a copy for Ben-Veniste. (2362)
Bull has seen the log. It is a piece of paper
indicating either Woods or Bull opened or closed the
safe. Bull belives he was the only one who removed
tapes from the sae. Bull was the only one who opened
the safe because he was the only one who knew how. The
log would not reflect that a t o p ~ was removed because
theoretically the Secret Service Agent had no knowledge
of the contents of the safe or what \ ~ o o d s was doing in
the front room. The door was generally kept closed . Bull
deposited items in the safe and withdrew them. They
were envelopes about ten by thirteen. (2362-2363)
Bull recalls wi thdralving two or three tapes from
the safe that weekend . He recalls depositing them when
the safe was delivered, but is not sure if he kept one
out so Woods could begin. He thinks he locked up all
but one, but is not totally certain. He is not sure if
Woods began work immediately or whether there was a half
an hour or an hour delay . He recalls establishing the
security procedure and setting up the tape recorder, but
does not recall whether he cued up the tapes immediately.
(2364-2365)
Bull had the tapes, recorder, foot pedal, earphones
and some documents in a briefcase. When he got to
Key Biscayne to took the briefcase to \'loods' villa. The
safe had preceded them. They requested it from one of
the military divisions before they got to town. He doesn't I
remember when they requested it . Shortly after they arrived I
the Agent arrived, in the evening. After they arrived
I

19.
someone from GSA came to the villa and gave Bull the
combination or possibly he was there when they arrived.
Bull doesn't recall the sequence of when he unpacked
the suitcase, set up the recorder and put the tapes in
the safe.
Bull has no idea what tape he cued up first
or the dates of the tapes that were handled over that
weekend. He cannot identify them by anything other
than the He cued up tapes for \'loods that weekend,
but cannot remember when. The second tape was probably
cued up after the first day. (2368-2369)
The tape recorder was set up on a table in the
front room of the villa on the groundfioor. The safe was in
an adjacent room within the same building. There was
a door between the two rooms. The Secret Service man
stayed in the room wi"th the safe next door to the room
Woods was using. (2369-2370)
Generally Bull did not stay with Woods while she
was listening to the tapes. After cuing up the tape
he departed and went back to where he was
Occasiona lly he spent time with her, but it was mostly
while she was taking a break. Bull doesn't recall if
Woods communicated with him when she vias going to take
a brea k so he could come over. He doesn't recall vloods
telephoning and asking him to come over. He was only
in Woods' villa for brief periods that weekend. (2370-
2371)
Bull may have had supper in Woods' villa
night. It is common for them to get together soci al l y
when they are traveling. There were threecr four trips
to Key Biscayne that fall. He can't recall whether it
was that particular weekend when he had supper with Woods.
(2371)
Bull was never specifically aware whether \'loods
was making a transcription or reviewing and taking notes .
Upon being notified by Woods that she was ready for
another tape, Bull came over and cued another tape for
her. (2371-2372)
20.
Bull and \'1oods had the combination to the safe.
The Secret Service Agent who was there did not. The
GSA man left after he gave Bull the combination. Bull
gave the combination to no one else that weekend. (2372)
Bull does not recall any discussions with Woods
or anyone about summarization or transcription of the
tapes. (2372)
Bull's best r ecollection is that just I'loods and
himself knew that the tapes would be taken to Key
Biscayne that weekend . He doesn't recall whether Haig
knew. He has no direct knowledge of whether Bennett or
Nixon knew. (2372-2373)
Bull does not believe he had any conversations
with Nixon that weekend about the tapes. He has no
knowledge of whether Nixon communicated or intended
to communicate with Woods that weekend with respect to
the tapes. (2373-2374)
Ben-Veniste:
Nixon and Woods were
and Bull carried the
Biscayne.
At page 515 Bull testified ttat
continuing a review of the tapes
tapes and playing device to Key
Bull doesn't recall that t estimony , but it is
consistent inasmuch as he understood Woods was assisting
Nixon in a review of the tapes. (2374)
Bull does not know Ivhether Haldeman was at Key
Biscayne that weekend, but Bull didn't see him. (2374)
Bull does not recall seeing Nixon that weekend
except on the plane. He has no direct recollection of
having a· conversation with Nixon, but may have in con-
junction with other duties. (2374-23 75)
Bull does not r ecall anyone entering Woods '
villa aside from himself and the Secret Service Agent .
Someone might have gone dOlvn there for supper. He has
no direct recollection of Nixon visiting Woods. (2375)
· Bull recognizes Exhibit 60-B as being similar
to the foot pedal he received from Sims or Zumwalt on
October 1. (2375-2376)
Bull does not recall signing a receipt on
October 1 for the tape recorder and foot pedal. The
signature on Exhibit 159 is not Bull's. He does not
------- --
'.
21.
recall having seen the document beore. He does not
recognize the initials next to his name. No one was
authorized to sign Bull's name. (2376-2377)
Bull recalls demonsrating how the machine worked
on October 1, 1973. (2377-2378)
Bull has no knowledge of any person other than
himself, the Secret Service Agent and Woods entering
Woods' villa on the weekend of October 4. (2378)
They left Key Biscayne the following Sunday
(after October 4). Bull is not sure whether it was a
three or four day weekend. (2 378)
Woods did not indicate to Bull at any time that
she had completed a tape. (2378)
Woods and Bull were both authorized to withdraw
tapes from the safe in Key Biscayne. They did not have
to be there together. As far as Bull knows, Woods may
have withdrawn a tape in his absence. (2378-2379)
General Haig instructed Bull on Friday, September 28
that Bennett would provide tapes and he Snuld take them
to Camp David and assist Woods. (2379)
Bull traveled to Camp David with Woods with the
tapes in his p:>ssession. (2379)
On September 28, the night before Bull went to
Camp David , Bennett provided Bull with tap es and they
deposited them in Bennett's safe. Bennett gave Bull
the combination so he could withdraw them early on the
29th. Bull doesn't recall at what time the tapes were
placed in the safe or whether he or Bennett deposited
them there. (2380)
(Bull doesn't answer queSion of whether on Septembe r
28 he went through the tapes to double check and see if
he had the ones that were required.) (2379-2380)
On the morning of September 29, Bull removed the
tapes around eight 0' clock to half an hour
before they left for Camp David. Bull and Woods departed
for Camp David around eight fifteen. (2381)
22.
Bull and Woods arrived at Camp David around
ten o'clock and went directly to Woods' cabin. Bull
doesn't recall what he did with his suitcase. They
set up a tape recorder and a typewriter and whatever
woods needed in the front room. Bull then went to
back room with tape r ecordings and records he would
need to cue up the tapes and began cuing up the firs t
t?pe. (2381-2382)
There was a question about the first tape. 3ull
was working from a xerox copy of the subpoena from
the Special Prosecutor's Office and (there) was also
a subpoena from the Senate Select Committee. They w<:re
going to work sequentially so Bull took one item frc7:1
the Special Prosecutor's subpoena, the June 20, 1972,
meeting with Haldeman and Ehr lichman in the EOB fror..
10:25 to 11:20. Bull, . .
is flotsure. 0.(: +/'e iucor,o/)' lie. h,,"'_
no prob/elll (!L/e;i'{j "p -rAe. i-cJpe IV /0: :ZY- (23!i'Z- 2 383)
Before Bull gave the tape to Woods, he
a question with Haig, who had called Camp David for
Bull before they arrived . Bull recalls that he retli=ned
Haig's call, but Haig may have called again. Bull
a clear recollection of the call. (2383-2384)
Bull does not recall whether he volunteered
the information about this phone call from Haig last
November. (23 85-2386 )
Bull does not know the names of the Secret
Service Agents who guarded the safe in Key Biscayne .
They rotated and the safe was under hour
guard. Bull is not sure if they worked two or three
shifts. The guards were people Bull had known
Their names will be ohained for Ben-Veniste.
Bull arrived at Camp David on Septenme r 28
ten o'clock and received a message that Haig had
Shortly thereafter, wi thin perhaps thirty to sixty m:.:_ '.ltes-,
ei ther Haig called back or Bull placed a call to him ';.::0
they spoke. Almost immediately upon arrival at the
in the interim before he spoke to Haig , Bull began h:. ;
part of the work. He does not have a precise recoll E!'7'":ion
about whether he began his work before talking to
(2387-2388B) .
r
. ,
I
23.
Bull told Haig they had arrived shortly before
and he was beginning his work. Btlll is not sure what
else they talked about. (2388B)
Bull talked to Haig two or three times that
day. (2388B)
(There was testimony that Bull couldn't find
the April 15 conversation.) (2388C)
Bull is not sure if there was another conversa-
tion with Haig. (2388C)
Haig and Bull had one in which
Bull expressed the problem he was h a-,ing in terms of
defining what was required in the f i=st t ape he was
working on. He doesn't recall this was the
first conversation with Haig or a one. There
were two or three conversations that day . (2388C)
In the conversation betlveen Zaig and Bull about
the subpoena, Bull asked which part the subpoena
was correct; was it actually the 10; L5-11:20 meeting
between Nixon and Ehr lichman followec. by a meeting with
Haldeman or another meeting
with Ehrlichman and then Haldeman was subpoenaed.
The first recording on the subpoena ',fa s a conversation
or meeting between Ehrlichman , HaldeJkm and Nixon on
June 20 from 10:25 to 11:20. The Da ily
Diary clearly indicated that Nixon 1".",.:3. a meeting with EI,,,.;,'.,"V',
but it was not a joint as called for
in the subpoena. (2388C-2388D)
Bull gathered up the monthly Pres idential logs
on Friday evening when Bennett obtai:-_ed the tapes from
the safe so all the material would ready for the
morning. He can't r e call what the of the
logs were. He had the monthly bookl e="!: containing many
days. Bull got the legs on his own; :10 one asked him
to do it. He doesn 't recall looking 1:hrough them on
Friday evening. (2388D-2388E)
When Bull had the conversati O:1 with Haig during
the 28th, he had set up the recorder and found the
Ehrlichman portion and found that it e nded at the terminal
point in terms of time. The counter ?n the Sony runs
approximately fifty to sixty ? er minute so
fifty-five to sixty -five minutes be roughly 300
numbers and the Ehrlichrnan portion a little l ess than
--_._-----
24.
300 numbers. He ran through the conversation with
Ehrlichman from beginning to e nd, but didn't listen
to all of it. No one had asked Bull to do it this
way or told him how to , find a conversation. (2388E-2389)
Bull listened to portions of the tape and
didn't hear Haldeman's voice. It was readily apparent
that there was a discrepancy, because there was no joint
meeting with Haldeman and Ehrlichman.
Then he called Haig and asked for guidance.
He isn't sure whether this was the first or second
telephone conversation. He does not know how long
it took to find the conversation and call Haig -- perhaps
an hour. (2389-2390)
Bull had finished going through the tape
listening for Haldeman's voice, was moving on to the next
conversation, and had spoken to Haig at least once and
discussed the subpoena question when Nixon came in.
Haig had said he was going to check with Buzhardt or
someone and get an answer back. In the meantime
\voods was working with the tape because they didn't stand
to lose anything by starting at the 10:30 point in the
meeting. Logically Bull didn't have to withhold the
tape from Woods until he heard from Haig. (2396-2397)
Bull doesn't recall whether Haig phoned him
back to answer the subpoena question or whether ~ ~ e
information came back through Woods before Nixon arrived
in the cabin. (2397-2398)
Bull does not know who, if anyone, aside from
Woods had the combination to her White House safe . He
does not know what the White House procedure is for
recording combinations. (2398)
Between returning back from Camp David and leaving
for Key Biscayne, Bull assisted Woods with respec t to
the tapes by obtaining another tape player so she could
work more ex?editiously. He has no specific recollection
of ~ l h e t h e r he cued tapes for 'her after that or of con-
versatbns with her about the tapes. (2398-2399)
Woods never indicated to Bull that she had
any accident with respect to the tapes. (2399)
To Bull's knowledge, only he, Bennett and
\'loods had possession of the June 20 tape. Buzhardt
25.
probably had the tape because he delivered it to the
court. Nixon was in the cabin at Camp David while
Woods was working on the relevant portion of the June 20
tape. Bull has heard of no one else who had access
to the tape. (2400-2401)
In the days, Bull had a conversation
with R.W. Apple, Jr., a New York Times reporter.
They discussed the June 20 tape. Bull did not say that
a number of people in addition to those just mentioned
had access to the tape. Bull did not say in substance
that a number of other people had access to the tape.
(2401-2404)
Only one recorder was taken to Key Biscayne while
two were taken to Camp David because Bull had to cue
up the tapes at camp David. He completed the cueing
up that weekend and all the tapes were marked so there
was no need for an additional player at Key Biscayne.
His work was completed other than to assist in handling
the tapes. (2404-2405)
To Bull's knowledge, no tape G;. rri ved or) u:<:s
from Woods' villa at Key Biscayne after his arriuli and
prior to his departure . No one told Bull that this was
the case. (2405)
Further Cross Examination of Bull by St. Clair
Exhibit 60-B, the foot pedal, appears to be the
same kind that was furnished to Bull and he in turn
delivered to Woods . (240 5)
Bull is sure that Woods had the combination to the
safe in Key Biscayne. (2405)
When Bull was going through the June 20 tape at
Camp David he did not listen to any of the tape relating
to Haldeman's visit with Nixon. He went as far as
Ehrlichman departing and Haldeman beginning and nser
went any further. He listened to no part of the Haldeman
testimony (sic) that disclosed a buzz or un-
common sound. (2405-2406)
26.
Bull observed Woods having difficulty
transcribing the tapes with the finger operated
Sony machine because she had to stop typing every
few seconds to stop, start and reve rse the tape
player. She had to go back and forth from the type-
writer to the tape player which caused difficulty
in expeditious transcription. This was the r e ason
he sent for a foot pedal operation. (2406-2407)
In Key Biscayne Bull cued up tapes for Woods.
The start and finish of the relevant conversations on
the tapes had been previously marked at Camp David.
Once he was told the work had been completed on a tape,
if it was not rewound Bull placed it back in the safe.
Bull also placed tapes on the machine and moved them
up to the point where fue requested conversation
began. (2407- 2408)
Redirect Examination of Bull by Ben-Veniste
Bull did not know if the June 20 tape was
taken to Key Biscayne. He did not know whether all of the
tapes Woods had in her possession were carried to Key
Biscayne. (2408-2409)
Bull's purpose in listening to the first part of
the June 20 conve rsation in which he heard Ehrlichman
and Nixon was not to determine whet:1er the logs were
accurate. His purpose was to find the conversation that
had been subuoenaed. The logs showed that Nixon and
Ehrlichman met together during the first conversation and
not Haldeman. To check the logs and the subpoena in case
they were in error, Bull listened to parts of the tape
to try to hear Haldeman's voice. (2 409-2411)
If the second part of the conversation had b egun
with three people rather than two, that would have given
the answer as to what was called for . Bull didn't listen
to the second part of the conversation once he heard
Haldeman's voice. The log established that the Ehrlichman
conversation began at approximately the time indicated on
the subpoena. (2411)
\.

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