Mr. DASH. Did there come a time, several days after, that you met with Mr. Gray again, Acting Director Patrick Gray?

General WALTERS. Yes; I did.

Mr. DASH. Could you tell us the purpose of that meeting and what was discussed at that time?

General WALTERS. We had been passing

Mr. DASH. In other words, when was this?

General WALTERS. It was on July 12, Mr. Dash. In the meantime, the CIA had been cooperating fully with the FBI investigation, passing them all the material we had on these former employees of ours and any other matters that were of interest to them. We were continuously passing them memorandums, and I believe that on this day I was still Acting Director, Mr. Helms was in Australia or on his way back from Australia, and as I recall it, I gave him another memorandum on this date covering various things that had been brought out that we had given Hunt, concerning the assistance given to Hunt, which had been terminated in August 1971.

Mr. DASH. Now, during this meeting with Mr. Gray, did Mr. Gray tell you that he had received a call from the President?

General WALTERS. Yes; he did.

Mr. DASH. Could you read that part of your memorandum where he discussed that call?

General WALTERS. He said: "Last Friday"-I believe that may have been the day of my previous conversation with him. I do not have a calendar in front of me. This was written on the 12th. It was the preceding Friday. He had received a phone call from the President.

The President had called up to congratulate him on the FBI action which had frustrated the airplane hijacking in San Francisco. Toward the end of the conversation the President asked him if he had talked to me about the case. Gray replied that he had. The President then asked him what his recommendation was in this case. Gray had replied that the case could not be covered up and it would lead quite high and he felt the President should get rid of the people that were involved. Any attempt to involve the FBI or the CIA in this case would almost prove a mortal wound.

Then I put in brackets: He used my words because these were the words I had used in talking with Mr. Gray.

The President then said:

Then, I should get rid of the people that were involved no matter how high? Gray replied that was his recommendation. The President then asked what I thought and Gray said my views were the same as his. The President took it well and thanked Gray.

In all fairness I must say that Mr. Gray did tell me I did not put it in here that the President had told him to go ahead with his investigation.

Do you wish me to go on reading?

Mr. DASH. Does that complete Mr. Gray's statement to you concerning his call from the President?

General WALTERS. Yes, it did. We again philosophized some more as is shown in the memorandum concerning the need for the President to be protected from his would-be protectors.

Mr. DASH. I would like to show you your memorandum of July 13, which deals with this meeting with former Acting FBI Director L. Patrick Gray and ask if this is a correct copy?

General WALTERS. Yes, it is.

Mr. DASH. Mr. Chairman, may we have this memorandum marked as an exhibit and received in evidence?

Senator ERVIN. This memorandum will be marked appropriately as an exhibit and received in evidence as such.

[The document referred to was marked exhibit No. 133.*]

Mr. DASH. Did you have occasion on July 28, 1972, to call on Mr. Gray again?

General WALTERS. Yes, I did.

Mr. DASH. And could you tell us briefly what the purpose of that visit was?

General WALTERS. Briefly, I came down to give him additional information for which he had asked relating to one of our people who had been in contact with Mr. Hunt during August 1971. I gave him additional data concerning this and concerning contacts with Mr, Hunt. I believe they are identified in the memorandum.

Toward the end of the conversation Gray asked me, and I am here reading, if the President had called me on this matter and I said that he had not.

"Gray then said that a lot of pressure had been brought on him in this matter but he had not yielded."

I cannot read mine

Mr. DASH. There it is a fairly

General WALTERS. Mine is very poor reading here. Anyway, anything to destroy the integrity of our two agencies would be the worst disservice we could do to the President and I would not do it. He said he would not either, but he made some reference to money which was not totally clear to me.

I then told him we would terminate a phone which we had which had been a number which had been given to Hunt to contact us 2 or 3 years before and he then said, "This is a hell of a thing to happen to us at the outset of our tenure with our respective offices," and I very heartily agreed.

Mr. DASH. Did you know what this reference to Mr. Hunt and any assistance that had been given Mr. Hunt from the CIA was all about? General WALTERS. As you know, Mr. Dash, all this occurred 111⁄2 years before I came to the Agency. I really was not familiar with it. The Agency was continually passing to the FBI material that was uncovered concerning this contact or assistance to Mr. Hunt, I believe. One of the memorandums I took to Mr. Gray really summed up a whole series of shorter memorandums we had sent him and this was just an ongoing process.

After this date, July 28, I no longer participated in this process. It was done directly through our liaison to the FBI, through Mr. Colby. Mr. DASH. I take it, the memorandum and the references to the contacts with Mr. Hunt related back to the prior year, July 1971General WALTERS [interrupting]. Yes, they did.

Mr. DASH [continuing]. Meeting that General Cushman had with Mr. Hunt.

General WALTERS. That is correct.

Mr. DASH. I would like to show you a copy we have of vour memorandum dated July 28, covering your meeting with Mr. Gray on that same day and ask if it is a correct copy. And you will notice there are

*See p. 3821.

some excisions there of names that were excised because of national security reasons.

General WALTERS. Yes. It is as bad a Xerox copy as mine.

Mr. DASH. Yes.

Mr. Chairman, may that memorandum be appropriately marked and received in evidence?

Senator ERVIN. The memorandum will be appropriately numbered as an exhibit and received in evidence as such.

[The document referred to was marked exhibit No. 134.*]

Mr. DASH. When was your next contact with anybody at the White House, General Walters? Was this your last series of meetings? I think you said from there on in the contacts with the CIA and FBI were taken up by somebody else.

General WALTERS. Yes. On this matter, certainly. Obviously, in my job, I attend the meetings at the White House relating to foreign policy, and so forth, that had nothing to do with this in the meantime.

Mr. DASH. Did there come a time sometime later, when you had another meeting or call from Mr. John Dean?

General WALTERS. I did not have a call from Mr. John Dean. I think Mr. John Dean had gotten my message loud and clear. The next time he had business with the Agency he did not call me. He called the new Director, Dr. Schlesinger. I believe that was on February 9, 1973, if I am correct. And Dr. Schlesinger has, I believe, submitted a memorandum for the record, covering this call from Mr. Dean. I was not in Dr. Schlesinger's office when Mr. Dean called and my only knowledge of this is the memorandum and what Dr. Schlesinger told me about Gray's-about Dean's call.

Mr. DASH. And do you have a copy of that memorandum from— General WALTERS. Dr. Schlesinger's memorandum?

Mr. DASH. Yes.

General WALTERS. Yes, I do.

Mr. DASH. Can I show you a copy of a February 9, 1973, memorandum, which I think you are referring to, and ask you if this is a correct copy.

General WALTERS. Yes, it is, and it, too, was made on the same poor

copy.

The document referred to was marked exhibit No. 135.**]

Mr. DASH. Yes. Could you briefly tell us what was the nature of that contact that Mr. Dean had with Mr. Schlesinger?

General WALTERS. I believe-and here I go to the memorandumHe adverted to a package of material that had been sent

By the CIA

to the Department of Justice in connection with the Watergate investigation. He suggested that Justice be requested to return this package to the Agency. The only item that would be left in Justice would be a card in the files indicating that the package had been returned to the Agency

At its request

since the material in the package was no longer needed for the purposes of the investigation. He indicated that the Agency had originally provided these mate

*See p. 3823.

**See p. 3825.

rials to the Department of Justice at the request of the Attorney General and Mr. Howard Petersen.

Then he referred to some ITT matters, which is unrelated.

Mr. DASH. Although this was not your memorandum, do you know what the package of materials was referred to here that the Agency had given to Mr. Petersen?

General WALTERS. I don't have personal knowledge of it, Mr. Dash, but my understanding is that it was all of the written material and I believe also the photographs that were taken by the camera which was why it was called a package.

Mr. DASH. Under what circumstances were pictures taken with a camera?

General WALTERS. I believe when it was furnished, after it was furnished to Hunt by whoever used the camera at that time.

Mr. DASH. Were you informed by Mr. Schlesinger or others that this dealt with the Ellsberg matter?

General WALTERS. I don't believe Mr. Schlesinger was familiar with the package. Mr. Schlesinger just-incidentally, I would like to say at this point when Mr. Schlesinger came to the Agency in late January or early February I did briefly go over these various approaches that had been made to the Agency and to myself so that he was generally familiar with the background of this. I do not believe Mr. Schlesinger knew the details. I do believe that he and I agreed that for the Agency to request the Department of Justice to return these materials would simply leave an arrow in the file pointing at Langley.

Mr. DASH. Either at that time or afterward, have you been informed as to what package of materials, which you saw, were either written. materials and photographs, did deal with the attempt to get information from Mr. Ellsberg's psychoanalyst?

General WALTERS. I really do not know, Mr. Dash. As far as I understand it, I understood the package to mean all of the material that the Agency had passed to the Department of Justice from the beginning of the inquiry and all of the material, all of the assistance, all of the equipment that had been given to Hunt.

Mr. DASH. All right.

Now, were you asked by Mr. Schlesinger to take any action with regard to Mr. Dean's request?

General WALTERS. Dr. Schlesinger discussed this and agreed the request was out of the question. Dr. Schlesinger then asked me to doto go down and tell Mr. Dean this.

Mr. DASH. And you did?

General WALTERS. I did.

Mr. DASH. Could you tell us, when did you meet with Mr. Dean and have this discussion?

General WALTERS. When I called Mr. Dean he was in Florida and it took me quite a while to get hold of him. I left word at his office saying I wished to be in touch with him and I finally got a call. An appointment was made on, I believe, for February 21. On February 21, and this is a very short memorandum-if the committee will bear with me I would like to read it.

Mr. DASH. Why don't you read the memorandum?

General WALTERS [reading]:

At the request of the Director, Dr. Schlesinger, I called on Mr. John Dean at his office in the White House at 1430

That is 2:30 in the afternoon.

I explained to him that, in connection with his request that the Agency ask the Department of Justice to return a package of material that had been sent to them in connection with the Watergate investigation, it was quite impossible for us to request the return of this as this would simply mean that a note would be left in the Department of Justice files that the material had been sent back to the Agency, and we had been asked not to destroy any material in any way related to this case. I again told him there was no Agency involvement in this case and that any attempt to involve the Agency in it could only be harmful to the United States. He seemed disappointed. I then left.

Mr. DASH. I would like to show you a copy we have of your May 11 memorandum and ask if this is a correct copy.

General WALTERS. May I say one more word about the memorandum?

Mr. DASH. Of course.

General WALTERS. I did not write a memorandum on this conversation. In early May, Dr. Schlesinger, who was having a thorough inquiry made into all the aspects of this case, asked me whether I had made a memorandum on it. I said I had not. He asked me to make one and that is the memorandum I wrote which was written some 2 months subsequently.

Mr. DASH. May I show you your copy of the memorandum that you prepared on May 11, 1973 and ask you if it is a correct copy?

General WALTERS. It is.

Mr. DASH. Mr. Chairman, may we have that memorandum marked and received in evidence?

Senator ERVIN. The memorandum will be appropriately marked as an exhibit and received in evidence as such.

[The document referred to was marked exhibit No. 136.*]

Mr. DASH. Did there come a time shortly after you prepared that memorandum when you put all of the recollections you had concerning your meetings with the White House and with former Acting Director Gray in the form of an affidavit?

General WALTERS. Yes.

Mr. DASH. Would you tell us the circumstances that led you to put your recollections of these meetings and discussions you had in the form of an affidavit?

General WALTERS. I was in the Far East in early May and when I came back Dr. Schlesinger-in fact, Dr. Schlesinger called me back. He had asked anyone in the Agency who had had any connection with this case whatsoever to write an affidavit. I did so and those are the circumstances of the writing of the affidavit.

Mr. DASH. And that affidavit does include in substance all of the matters that you have testified to here concerning your meetings with the White House and with Mr. Gray?

General WALTERS. To the best of my knowledge, it does.

Mr. DASH. I show you a copy that we have of the affidavit dated May 12, 1973, and ask vou if it is a correct copy?

General WALTERS. Yes. It is a correct copy.

Mr. DASH. Mr. Chairman, may we have that affidavit appropriately marked for identification and admitted in evidence?

Senator ERVIN. It is so ordered.

[The document referred to was marked exhibit No. 137.**]

*See p. 3827. **See p. 3828.