The Watergate Files - Trials and Tribulations: February 1974 - April 1974

Transcript of Indictment in United States of America v. John Mitchell, Harry R. Haldeman, John D. Ehrlichman, Charles Colson, Robert C. Mardian, Kenneth W. Parkinson and Gordon Strachan (View Images)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA
v.
JOHN N. MITCHELL, HARRY R.
HALDEMAN, JOHN D. ERLICHMAN,
CHARLES W. COLSON, ROBERT C.
MARDIAN, KENNETH W. PARKINSON,
and GORDON STRACHAN,
Defendants.

Criminal No. 74-110
Violation of 18 U.S.C
§§ 371, 1001, 1503, 1621,
and 1623 (conspiracy,
false statements to a
government agency, ob-
struction of justice,
perjury and false
declarations.

INDICTMENT

The Grand Jury charges:

Introduction

1. On or about June 17, 1972, Bernard L. Barker, Virgilio R. Gonzalez, Eugenio R. Martinez, James W. McCord, Jr. and Frank L. Sturgis were arrested in the offices of the Democratic National Committee, located in the Watergate office building, Washington, D. C., while attempting to photograph documents and repair a surreptitious electronic listening device which had previously been placed in those offices unlawfully.

2. At all times material herein, the United States Attorney's Office for the District of Columbia and the Federal Bureau of Investigation were parts of the Department of Justice, a department and agency of the United States , and the Central Intelligence Agency was an agency of the United States .

3. Beginning on or about June 17, 1972, and continuing up to and including the date of the filing of this indictment, the Federal Bureau of Investigation and the United States Attorney's Office for the District of Columbia were conducting an investigation, in conjunction with a Grand Jury of the Untied States District Court for the District of Columbia which had been duly empanelled and sworn on or about June 5, 972, to determine whether violations of 18 U.S.C. 371, 2511 and 22 D.C. Code 1801(b), and of other statutes of the United States and of the District of Columbia, had been committed in the District of Columbia and elsewhere, and to identify the individual or individuals who had committed, caused the commission of, and conspired to commit such violations.

4. on or about September 15, 1972, in connection with the said investigation, the Grand Jury returned an indictment in Criminal Case No. 1827-72 in the United States District Court for the District of Columbia charging Bernard L. Barker, Virgilio R. Gonzalez, E. Howard Hunt, Jr., G. Gordon Libby, Eugenio R. Martinez, James W. McCord, Jr., and Frank L. Sturgis with conspiracy, burglary and unlawful endeavor to intercept wire communications.

5. From in or about January 1969, to on or about March 1, 1972 , JOHN N. MITCHELL, the DEFENDANT, was Attorney General of the United States . From on or about April 9, 1972 , to on or about June 30, 1972 , he was Campaign Director of the Committee to Re-Elect the President.

6. At all times material herein up to on or about April 30, 1973 , HARRY R. HALDEMAN, the DEFENDANT, was Assistant to the President of the United States . 7. At all times material herein up to on or about April 30, 1973 , JOHN D. ERLICHMAN, the DEFENDANT, was Assistant for Domestic Affairs to the President of the United States .

8. At all times material herein up to on or about March 10, 1973 , CHARLES W. COLSON, the DEFENDANT, was Special Counsel to the President of the United States .

9. At all times material herein, ROBERT C. MARDIAN, the DEFENDANT, was an official of the Committee to Re-Elect the President.

10. From on or about June 21, 1972 , and at all times material herein, KENNETH W. PARKINSON, the DEFENDANT, was an attorney representing the Committee to Re-Elect the President.

11. At all times material herein up to in or about November 1972, GORDON STRACHAN, the DEFENDANT, was a Staff Assistant to HARRY R. HALDEMAN at the White House. Thereafter he became General Counsel to the United States Information Agency.

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COUNT TWO

The Grand Jury further charges:

1. From on or about June 17, 1972, up to and including the date of the filing of this indictment, in the District of Columbia, and elsewhere, JOHN N. MITCHELL, HARRY R. HALDEMAN, JOHN D. EHRLICHMAN, CHARLES W. COLSON, KENNETH W. PARKINSON and GORDON STRACHAN, the DEFENDANTS, unlawfully, willfully and knowingly did corruptly influence, obstruct and impede, and did corruptly endeavor to influence, obstruct and impede the due administration of justice in connection with an investigation being conducted by the Federal Bureau of Investigation and the United States Attorney's Office for the District of Columbia, in conjunction with a Grand Jury of the United States District Court for the District of Columbia, and in connection with the trial of Criminal Case No. 1827-72 in the United States District Court for the District of Columbia, by making cash payments and offers of other benefits to and for the benefit of the defendants in Criminal Case No. 1827-72 in the United States District Court for the District of Columbia, and to others, both prior to and subsequent to the return of the indictment on September 15, 1972, for the purpose of concealing and causing to be concealed the identities of the persons who were responsible for, participated in, and had knowledge of the activities which were the subject of the investigation and trial, and by other means.

(Title 18 United States Code, Sections 1503 and 2.)

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COUNT THREE

The Grand Jury further charges:

On or about July 5, 1972, in the District of Columbia, JOHN N. MITCHELL, the DEFENDANT, did knowingly and willfully make false, fictitious and fraudulent statements and representations to agents of the Federal Bureau of Investigation, Department of Justice, which Department was then conducting an investigation into a matter within its jurisdiction, namely, whether violations of 18 U.S.C. 371, 2511, and 22 D.C. Code 1801(b), and of other statutes of the United States and the District of Columbia, had been committed in the District of Columbia and elsewhere in connection with the break-in at the Democratic National Committee Headquarters at the Watergate office building on June 17, 1972, and to identify the individual or individuals who had committed, caused the commission of, and conspired to commit such violations, in that he stated that he had no knowledge of the break-in at the Democratic National Committee Headquarters other than what he had read in newspaper accounts of that incident.

(Title 18, United States Code, Section 1001.)

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COUNT FOUR

The Grand Jury further charges:

1. On or about September 14, 1972, in the District of Columbia, JOHN N. MITCHELL, the DEFENDANT, having duly taken an oath that he would testify truthfully, and while testifying in a proceeding before the June, 1972 Grand Jury, a Grand Jury of the United States, duly empanelled and sworn in the United States District Court for the District of Columbia, did knowingly make false material declarations as hereinafter set forth.

2. At the time and place alleged, the June, 1972 Grand Jury of the United States Distract Court for the District of Columbia was conducting an investigation in conjunction with the United States Attorney's Office for the District of Columbia and the Federal Bureau of Investigation to determine whether violations of Title 18, United States Code, Sections 371, 2511, and 22 D.C. Code 1801(b), and of other statues of the United States and of the District of Columbia had been committed in the District of Columbia and elsewhere, and to identify the individual or individuals who had committed, caused the commission of, and conspired to commit such violations.

3. It was material to the said investigation that the said Grand Jury ascertain the identity and motives of the individual or individuals who were responsible for, participated in, and had knowledge of unlawful entries into, and electronic surveillance of, the offices of the Democratic National Committee located in the Watergate office building in Washington, D. C., and related activities.

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COUNT FIVE

The Grand Jury further charges:

1. On or about April 20, 1973, in the District of Columbia, JOHN N. MITCHELL, the DEFENDANT, having duly taken an oath that he would testify truthfully, and while testifying in a proceeding before the June, 1972 Grand Jury, a Grand Jury of the United States, duly empanelled and sworn in the United States District Court for the District of Columbia, did knowingly make false material declarations as hereinafter set forth.

2. At the time and place alleged, the June, 1972 Grand Jury of the United States District Court for the District of Columbia was conducting an investigation in conjunction with the United States Attorney's Office for the District of Columbia and the Federal Bureau of Investigation to determine whether violations of Title 18, United States Code, Sections 371, 2511, and 22 D.C. Code 1801(b), and of other statutes of the United States and of the District of Columbia had been committed in the District of Columbia and elsewhere, and to identify the individual or individuals who had committed, caused the commission of, and conspired to commit such violations.

3. It was material to the said investigation that the said Grand Jury ascertain the identity and motives of the individual or individuals who were responsible for, participated in, and had knowledge of efforts to conceal, and to cause to be concealed information relating to unlawful entries into, and electronic surveillance of, the offices of the Democratic National Committee located in the Watergate office building in Washington, D. C., and related activities.

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COUNT SIX

The Grand Jury further charges:

1. On or about July 10 and July 11, 1973, in the District of Columbia, JOHN N. MITCHELL, the DEFENDANT, having duly taken an oath before a competent tribunal, to wit, the Select Committee on Presidential Campaign Activities, a duly created and authorized Committee of the United States Senate conducting official hearings and inquiring into a matter in which a law of the United States authorizes an oath to be administered, that he would testify truly, did willfully, knowingly and contrary to such oath state material matters hereinafter set forth which he did not believe to be true.

2. At the time and place alleged, the said Committee was conducting an investigation and study, pursuant to the provisions of Senate Resolution 60 adopted by the United States Senate on February 7, 1973, of the extent, if any, to which illegal, improper or unethical activities were engaged in by any persons, acting either individually or in combination with others in the presidential election of 1972, or in any related campaign or canvass conducted by or in behalf of any person seeking nomination or election as the candidate of any political party for the office of President of the United States in such election, for the purpose of determining whether in its judgment any occurrences which might be revealed by the investigation and study indicated the necessity or desirability of the enactment of new legislation to safeguard the electoral process by which the President of the United States is chosen.

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COUNT SEVEN

The Grand Jury further charges:

1. On or about July 30, 1973, in the District of Columbia, HARRY R. HALDEMAN, the DEFENDANT, having duly taken an oath before a competent tribunal, to wit, the Select Committee on Presidential Campaign Activities, a duly created and authorized Committee of the United States Senate conducting official hearings and inquiring into a matter in which a law of the United States authorizes an oath to be administered, that he would testify truly, did willfully, knowingly and contrary to such oath state material matters hereinafter set forth which he did not believe to be true.

2. At the time and place alleged, the said committee was conducting an investigation and study, pursuant to the provisions of Senate Resolution 60 adopted by the United States Senate on February 7, 1973, of the extent, if any, to which illegal, improper or unethical activities were engaged in by any persons, acting either individually or in combination with others, in the presidential election of 1972, or in any related campaign or canvass conducted by or in behalf of any person seeking nomination or election as the candidate of any political party for the office of President of the United States in such election, for the purpose of determining whether in its judgment any occurrences which might be revealed by the investigation and study indicated the necessity or desirability of the enactment of new legislation to safeguard the electoral process by which the President of the United States is chosen.

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COUNT EIGHT

The Grand Jury further charges:

1. On or about July 30 and July 31, 1973, in the District of Columbia, HARRY R. HALDEMAN, the DEFENDANT, having duly taken an oath before a competent tribunal, to wit, the Select Committee on Presidential Campaign Activities, a duly created and authorized Committee of the United States Senate conducting official hearings and inquiring into a matter in which a law of the United States authorizes an oath to be administered, that he would testify truly, did willfully, knowingly and contrary to such oath state material matters hereinafter set forth which he did not believe to be true.

2. At the times and place alleged, the said Committee was conducting an investigation and study, pursuant to the provisions of Senate Resolution 60 adopted by the United States Senate on February 7, 1973, of the extent, if any, to which illegal, improper or unethical activities were engaged in by any persons, acting either individually or in combination with others, in the presidential election of 1972, or in any related campaign or canvass conducted by or in behalf of any person seeking nomination or election as the candidate of any political party for the office of President of the United States in such election, for the purpose of determining whether in its judgment any occurrences which might be revealed by the investigation and study indicated the necessity or desirability of the enactment of new legislation to safeguard the electoral process by which the President of the United States is chosen.

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COUNT NINE

The Grand Jury further charges:

1. On or about August 1, 1973, in the District of Columbia, HARRY R. HALDEMAN, the DEFENDANT, having duly taken an oath before a competent tribunal, to wit, the Select Committee on Presidential Campaign Activities, a duly created and authorized Committee of the United States Senate conducting official hearings and inquiring into a matter in which a law of the United States authorizes an oath to be administered, that he would testify truly, did willfully, knowingly and contrary to such oath state material matters hereinafter set forth which he did not believe to be true.

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COUNT TEN

The Grand Jury further charges:

On or about July 21, 1973, in the District of Columbia, JOHN D. EHRLICHMAN, the DEFENDANT, did knowingly and willfully make false, fictitious and fraudulent statements and representations to agents of the Federal Bureau of Investigation, Department of Justice, which Department was then conducting an investigation into a matter within its jurisdiction, namely, whether violations of 18 U.S.C. 371, 2511, and 22 D.C. Code 1801(b), and of other statutes of the United States and the District of Columbia, had been committed in the District of Columbia and elsewhere in connection with the break-in at the Democratic National Committee Headquarters at the Watergate office building on June 17, 1972, and to identify the individual or individuals who had committed, caused the commission of, and conspired to commit such violations, in that he stated that he had neither received nor was he in possession of any information relative to the break-in at the Democratic National Committee Headquarters on June 17, 1972, other than what he had read in the way of newspaper accounts of that incident.

(Title 18, United States Code, Section 1001.)

MEMO FOR RECORD – MARCH 9 1974

Count 10 of the indictment was amended to reflect that the offense charged in this count was committed “on or about July 21, 1972 ” instead of “on or about July 21, 1973 ” per a stipulation filed in open Court this date during arraignment proceedings.

JAMES F. DAVEY, Clerk

By [signed]
James P Capitanio
Deputy Clerk

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COUNT ELEVEN

The Grand Jury further charges:

1. On or about May 3, and May 9, 1973, in the District of Columbia, JOHN D. EHRLICHMAN, the DEFENDANT, having duly taken an oath that he would testify truthfully, and while testifying in a proceeding before the June, 1972 Grand Jury, a Grand Jury of the United States, duly empanelled and sworn in the United States District Court for the District of Columbia, did knowingly make false material declarations as hereinafter set forth.

2. At the times and place alleged, the June, 1972 Grand Jury of the United States District Court for the District of Columbia was conducting an investigation in conjunction with the United States Attorney's Office for the District of Columbia and the Federal Bureau of Investigation to determine whether violations of Title 18, United States Code, Sections 371, 251, and 22 D.C. Code 1801(b), and of other statutes of the United States and of the District of Columbia had been committed in the District of Columbia and elsewhere, and to identify the individual or individuals who had committed, caused the commission of, and conspired to commit such violations.

3. It was material to the said investigation that the said Grand Jury ascertain the identity and motives of the individual or individuals who were responsible for, participated in, and had knowledge of efforts to conceal, and to cause to be concealed, information relating to the unlawful entries into, and electronic surveillance of, the offices of the Democratic National Committee located in the Watergate office building in Washington, D.C., and related activities.

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COUNT TWELVE

The Grand Jury further charges:

3. It was material to the said investigation that the said Grand Jury ascertain the identity and motives of the individual or individuals who were responsible for, participated in, and had knowledge of efforts to conceal, and to cause to be concealed, information relating to the unlawful entries into, and electronic surveillance of, the offices of the Democratic National Committee located in the Watergate office building in Washington, D.C., and related activities.

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COUNT THIRTEEN

The Grand Jury further charges:

1. On or about April 11, 1973, in the District of Columbia, GORDON STRACHAN, the DEFENDANT, having duly taken an oath that he would testify truthfully, and while testifying in a proceeding before the June, 1972 Grand Jury, a Grand Jury of the United States, duly empanelled and sworn in the United States District Court for the District of Columbia, did knowingly make false material declarations as hereinafter set forth.

3. It was material to the said investigation that the said Grand Jury ascertain the identity and motives of the individual or individuals who were responsible for, participated in, and had knowledge of efforts to conceal, and to cause to be concealed, information relating to the unlawful entries into, and electronic surveillance of, the offices of the Democratic National Committee located in the Watergate office building in Washington, D.C., and related activities.

Citation: Indictment in United States of America v. John Mitchell, Harry R. Haldeman, John D. Ehrlichman, Charles Colson, Robert C. Mardian, Kenneth W. Parkinson and Gordon Strachan, C.R. 74-110, filed March 1, 1974; United States District Court for the District of Columbia; Records of the District Courts of the United States, Record Group 21, NARA, College Park, MD.