NOMINATION OF EARL J. SILBERT HEARINGS BEFORE THE COMMITTEE ON THE JUDICIARY NINETY-THIRD CONGRESS SECOND SESSION ON NOMINATION OF EARL J. SILBERT, OF THE DISTRICT OF COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota ROBERT C. BYRD, West Virginia JOHN V. TUNNEY, California ROMAN L. HRUSKA, Nebraska STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland (II) CONTENTS Testimony of Earl J. Silbert, nominee to be U.S. attorney for the District Letter, dated February 20, 1974, from Senator Philip A. Hart to Leon Jaworski, Special Prosecutor__. Letter, dated February 25, 1974, from Leon Jaworski, Special Prosecutor, "A Report to the Special Prosecutor on Certain Aspects of the Watergate Affair," dated June 18, 1973, from Charles Morgan, Jr., attorney, Wash- Response by Earl J. Silbert to "A Report to the Special Prosecutor on Cer- tain Aspects of the Watergate Affair" by Charles Morgan, Jr----. FBI summary memorandum, dated July 21, 1972, submitted by Senator Transcript of the swearing-in ceremony of Earl J. Silbert as U.S. attorney for the District of Columbia, January 2, 1974, submitted by Senator Editorials and articles submitted by Senator Roman L. Hruska: Article, "Ideas in Print: George V. Higgins on Watergate-In Defense of a Prosecutor," from the Boston Sunday Globe, March 24, 1974--- Editorial, from the Sunday Herald Advertiser, Boston, Mass., "Watergate Data Destruction Charged," by Carl Bernstein and Bob Woodward, from the Washington Post, September 20, 1972____ "Hunt Funds Dealings Questionable," by Robert L. Jackson and Ronald J. Ostrow, from the Washington Post, April 23, 1974‒‒‒‒‒ Letter and affidavit, dated March 29, 1974, from Earl J. Silbert to Samuel Dash, chief counsel, Senate Select Committee on Presidential Campaign Testimony of Earl J. Silbert, nominee to be U.S. attorney for the District Letter, dated February 20, 1974, from James F. Neal, former member of the Watergate Special Prosecution Force, to Senator Birch Bayh______ Testimony of Robert S. Vance, president, Association of State Democratic Newspaper article, "Watergate Questioning Leaves Much Unprobed : Prosecutor Explains Limited Testimony by Saying There Is No Evidence of Wider Plot," by Robert L. Jackson, from the Los Angeles Times, Janu- ary 28, 1973, submitted by Senator John V. Tunney_ Prepared statement of R. Spencer Oliver, executive director, Association 193 "Comparison of the Report to the Special Prosecutor on Certain Aspects Affidavit of Hope Eastman, submitted by Charles Morgan, Jr_ Page 201 248 261 WEDNESDAY, MAY 1, 1974 Testimony of James W. McCord, Jr‒‒‒‒ (Subsequent hearings will be printed in Part 2.) 269 270 NOMINATION OF EARL J. SILBERT TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA TUESDAY, APRIL 23, 1974 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, D.C. The committee met, pursuant to notice, at 10:50 a.m., in room 2228, Dirksen Office Building, Senator James O. Eastland (chairman) presiding. Present: Senators Eastland, Hart, Hruska, and Thurmond. Also present: Peter M. Stockett, Francis C. Rosenberger, Thomas D. Hart, and Hite McLean, of the committee staff. Chairman EASTLAND. This hearing is on the nomination of Earl J. Silbert, of the District of Columbia, to be U.S. Attorney for the District of Columbia, vice Harold Titus, resigned. Notice of hearing appeared in the Congressional Record on April 2, 1974. Do you solemnly swear the testimony you are about to give will be the truth and nothing but the truth, so help you God? Mr. SILBERT. I do. The CHAIRMAN. Is this biographical sketch correct? Mr. SILBERT. Senator, there is one correction I would like to make in it and that is under the year 1969 and 1970, listing my employment as U.S. Department of Justice, Criminal Division. It was Department of Justice but is should be Office of Criminal Justice, Office of the Deputy Attorney General, not Criminal Division. Other than that it is correct. [The biographical sketch of Mr. Silbert follows.] EARL J. SILBERT TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA Born March 8, 1936, Boston, Massachusetts. Marital Status: Married. Wife-Patricia Ann; one child. Legal Residence: District of Columbia. Education: 1953-1957, Harvard College, A.B. degree; 1957-1960, Harvard Law Experience: 1960-1964, U.S. Department of Justice, Attorney, Tax Division; 1964-1969, Assistant U.S. Attorney, District of Columbia; 1969-1970, U.S. Department of Justice, Attorney, Criminal Division; 1970-1972, Executive Assistant U.S. Attorney; 1972–1974, Principal Assistant U.S. Attorney, 1/2/74 to present, United States Attorney (Court Appointed), District of Columbia. Office: Room 3136-A, 3rd & Constitution Avenue, N.W., Washington, D.C. 20001, Telephone: 202-426-7511. Home: 719 3rd Street, S.W., Washington, D.C. 20024. Telephone: 202-347-8317. Senator HART. Mr. Silbert, welcome to the committee. (1) |