menu_book Chapter 23

final report of the senate select committee on presidential campaign activities volume three chapter eight the hughes rebozo investigation and related matters part sixteen 11. A Summary Analysis of Conflicting Evidence. In the course of its investigation into the receipt by Rebozo of $100,000 from Hughes, the Senate Select Committee has received considerable evidence, a significant portion of which reflects conflicts in principal witnesses' testimony. To allow for an appropriate review of rather complex factual materials,

a summary analysis of said conflicting testimony on important issues is presented here. a. Initiator of the Contribution. When asked on March 20, 1973, who brought up the Hughes contribution first, Mr. Reboza replied, Danner brought it up with me. I had no reason to bring it up with Danner. He was a practicing lawyer in Washington and was not even connected with Hughes. In his testimony on December 18, 1973, Mr. Richard Danner was asked if it was Danner

who initiated the discussions about the possibility of getting a contribution from the Hughes Tool Company, or Mr. Hughes. Danner replied, no, I had no contact with the Hughes Tool Company, none whatsoever in that respect. I didn't know any of the principles involved, and when the question arose as to whether I could do anything in that light, I agreed to talk to Ed Morgan. Mr. Rebozo also testified on March 20, 1974, that he never met with candidate Nixon and Richard

Danner to discuss the possibility of obtaining a contribution from Howard Hughes in the 1968 campaign. However, Mr. Richard Danner testified on December 18, 1973, that Mr. Nixon was present at the first discussion of a possible Hughes contribution, and that either candidate Nixon or Mr. Rebozo first asked Danner to ascertain if Hughes would make a contribution. After Rebozo denied that candidate Nixon was present in the first discussion about the Hughes contribution

in 1968, Danner was asked again about candidate Nixon's presence in an executive session on July 12, 1974. Danner again confirmed that President Nixon and Rebozo had both been present in the first meeting when the Hughes contribution was brought up. B. Actual delivery of funds. On March 20, 1974, Mr. Rebozo testified that he received the first $50,000 cash contribution from Richard Danner on July 3, 1970 at the Staff Mess at San Clemente, and that he received the

second $50,000 cash contribution from Richard Danner in August 1970 at his office in the Key Biscayne Bank in Key Biscayne, Florida. However, when Rebozo first met with IRS agents on May 10, 1973, he testified that he received the first delivery in late 1968 or early 1969, and that he received the second delivery two or three months later. At that time, Rebozo could not recall whether he had received the first package in Key Biscayne or San Clemente,

but that he had received one package in each location. Mr. Rebozo also told the IRS agents on May 10, 1973, that Robert Mayhew may have been present in Florida when Rebozo received the contribution in Florida, but was not present at the time of the delivery. On July 10, 1973, when Rebozo met again with IRS agents, he recalled that the first contribution had been in 1969 at the San Clemente Inn, since, to the best of his knowledge, Danner had never been inside the

San Clemente compound. It was not until his October 8, 1973 interview with the Senate Select Committee that Rebozo finally fixed on July 3, 1970 as being the date of the first contribution and the San Clemente Western White House as being the place for that delivery. However, on June 18, 1973, Rebozo told Kenneth Whitaker, special agent in charge of the Miami FBI office that he had received $50,000 in cash from Richard Danner in 1969. In addition,

Richard Danner testified before the Senate Select Committee on December 18, 1973, that he could not recall whether the first delivery of cash was in the late summer of 1969 in Key Biscayne, Florida, or on July 3, 1970, at Sam Clemente. Similarly, Robert Mayhew also places the first delivery of $50,000 in 1969. Mayhew testified in a deposition on July 4th, 1973, that Mr. Danner made the first delivery, which would have been sometime in 1969. Similarly, Robert Mayhew was certain that he was

present at the delivery of the cash in Key Biscayne. He recalls seeing the envelope containing the cash passed from Danner to Rebozo, and recalls that Danner, Rebozo, and Mayhew left Rebozo's home in Rebozo's car to dine at Saul Mendel's restaurant after Danner had given Rebozo the cash. Richard Danner completely supported Mayhew's version of the first delivery in Danner's first interview with the IRS on May 15, 1972. Danner subsequently changed his IRS testimony on July 5,

1973, after he had had discussions about the matter with Rebozo in the summer of 1972. In one of his interviews with the select committee staff, Rebozo also stated that it was his recollection that he received the Key Biscayne contribution at his home rather than at his bank office. On December 20, 1973, Rebozo testified that he had received the second $50,000 contribution at his home in August 1970.

C. Initiator of First Delivery On March 20, 1974, Mr. Rebozo testified before the select committee that Danner had offered the $50,000 contribution to Rebozo on numerous occasions after the 1969 election. However, on May 10, 1973, Mr. Rebozo told IRS agents that after the 1968 election, Rebozo could not remember whether he approached Danner or Danner approached him about making the contribution.

Mr. Danner testified on Tuesday, December 18, 1973, that after the 1968 election in early 1969, Rebozo needled Danner about the fact that the Hughes people had not made a substantial contribution to the 1968 campaign. Danner testified that in 1969, Rebozo asked Danner whether Hughes would contribute funds to begin taking polls on candidates for the 1970 congressional elections. Danner also testified that this occurred after Rebozo had refused Danner's

offer in early 1969 to deliver the $50,000 contribution that had been promised for the 1968 campaign. D. Purpose of the Money. On March 20, 1974, Mr. Rebozo testified that the two contributions he received from Richard Danner were to be used for the 1972 presidential campaigns, since he did not accept contributions from anybody for anything else. However, on June 18, 1973, Rebozo apparently told Kenneth Whitaker that the money Rebozo was taking out of the safe deposit

box in the Key Biscayne Bank was from Howard Hughes and was to be applied to the Republican congressional elections in 1970. In addition, Rebozo apparently told Whitaker that a short time after receiving the first contribution, he received another $50,000 from Richard Danner to be used for the same purpose. Richard Danner has insisted throughout his staff interviews and his sworn testimony before the select committee that the funds he contributed on

behalf of Howard Hughes were requested by Rebozo to be used for the 1970 congressional campaigns or for polls for those elections, and that this was the purpose of the contributions. Robert Mayhew has testified that the purpose of the first $50,000 contribution was to fulfill the pledge made in the 1968 campaign, and that the second contribution was made to ensure that the Hughes people had an entree with the Nixon administration. Finally, Richard Danner testified

that in March or April 1972, he received a telephone call from B.B. Rebozo asking him if Howard Hughes was going to make a contribution to the 1972 campaign. E. Individuals who had knowledge of the receipt of the Hughes contribution. On March 20, 1974, B.B. Rebozo testified, under oath to the Select Committee, that he had informed Rosemary Woods of the Hughes contribution shortly after he received it. On May 10, 1973, Rebozo told

Internal Revenue Service special agents who were interviewing him that he and the two agents were the only individuals who knew about the money. Furthermore, on July 10, 1973, Rebozo told Internal Revenue special agent John Bartlett and Revenue agent Burt Webb that he did not notify anyone of the receipt of the money. It was not until his October 8, 1973 interview with the Senate Select Committee that Rebozo testified that he told Rosemary Woods that he had a contribution from

Howard Hughes totaling $100,000 in his safe deposit box, which he shared with Thomas Wakefield. In that interview, Rebozo stated that he told Ms. Woods about the contribution at about the time he became apprehensive about retaining it. In addition, Rebozo stated in that interview that he thought that he told Herb Kalmbach at some point when discussing 1972 campaign contributions that he received a 1968 contribution from Howard Hughes. Finally, in that

same interview, Rebozo recalled that he also informed President Nixon about the campaign contribution from Howard Hughes in one of his visits at Key Biscayne after the 1972 election. Then, in Rebozo's interview with the Senate Select Committee on October 17, 1973, Rebozo stated that he did not discuss the contribution with any other individuals besides Rosemary Woods between the time he received it and the time when he decided to return the contribution.

Rebozo added that he talked with several other individuals about the contribution after he had decided to return the money. Rebozo also testified that he talked to Herbert Kalmbach about the Hughes contribution on April 30, 1973. Then, on March 20, 1974, Rebozo swore under oath before the Senate Select Committee that President Nixon had counseled Rebozo to give the money back in early 1973. Rebozo also testified on March 20, 1974,

that he discussed what he should do with the money with William Griffin, a New York lawyer, and the attorney for Robert Aplanop. Furthermore, Rebozo testified on March 20, 1974, that he had several discussions of the Hughes contribution with Rosemary Woods, and estimated that he discussed it with her on three or four separate occasions. Rebozo also stated in an interview on October 17, 1973, that he told Ms. Woods that the Hughes contribution was for the 1972 campaign, and that

he discussed the problems of the Hughes organization with her. Miss Woods testified on March 22, 1974, I don't think we had several discussions. There was nothing to discuss so far as I know. In addition, she testified that Rebozo never offered any details with regard to the contribution, and that she did not know for which campaign the contribution was intended. Mr. Rebozo also testified that he discussed the $100,000 with Thomas H. Wakefield after he decided

to return the money. In addition, Rebozo testified he told the president about having the Hughes money sometime prior to March or April 1973, when the president visited Key Biscayne, Florida. On October 17, 1973, Rebozo told the select committee staff that after he had decided to return the money, Rebozo mentioned the Hughes contribution to John Ehrlichman and H.R. Haldeman. Ehrlichman, however, said in a January interview that he did not know anything at all about the

$100,000 contribution until he read about it in the newspaper in the fall of 1973. Ehrlichman recalled that he did discuss the general subject of Hughes contributions with Rebozo. Although he could not recall the date, he recalled that Rebozo told him that the Hughes people had misled him into thinking that they would make a very large contribution, but had ended up making a contribution very much under $10,000. Ehrlichman said that Rebozo had indicated to him that Rebozo

had received only a de minimis contribution from the Hughes people. Then, on March 21, 1974, Rebozo testified that neither Haldeman nor Ehrlichman knew anything about the $100,000 in 1972 or 1973. Rebozo testified that, they knew nothing about it to my knowledge. F. Conditions under which the money was stored. On March 20, 1974, Rebozo testified that after receiving the cash, he marked HH in the corner of the envelope containing the cash, wrote a letter

to Thomas H. Wakefield that was placed in the director's safe deposit box with instructions on what to do with the money should anything happen to Mr. Rebozo, marked similar instructions on the manila envelope containing the money, and placed the envelope in his safe deposit box number 224 at the Key Biscayne Bank. However, Rebozo also testified that he destroyed the original envelope in which the Hughes money was contained sometime after the Hughes problem started and the campaign

got underway. Rebozo also testified that he destroyed the letters to Wakefield in the director's box at a later time. Rebozo further testified that sometime after he placed the used contribution in his safe deposit box, he took the bank wrappers off of the money and placed rubber bands around the packets. However, on March 21, 1974, Herbert Kambach testified that he met Rebozo on January 8, 1974, and that Rebozo then told him,

undoubtedly herb i have not told you that after you and i talked last spring regarding the hughes money i found that i had in fact not dispersed any of the hughes cash to the several people i named when i went into the safe deposit box i found that the wrappers around the cash had not been disturbed and so it was clear that no part of this money had been used in addition ken whitaker stated in an interview on november 20th 1973 that when he observed the counting of the money

on June 18, 1973, some of the packets were held together by rubber bands while others were in bank wrappers. Whitaker did not recall any identification on the wrappers. Mr. Rebozo also testified that Thomas H. Wakefield had a duplicate key to safe deposit box number 224, where the money was kept during the entire time that the money was stored in a safe deposit box. Rebozo testified that sometime during the period after he received the Hughes contribution,

he lost all of his keys to his safe deposit boxes, and that the locks were changed after he lost his keys. Rebozo testified that he gained access to box number 224 on this occasion by requesting the second key from Mr. Wakefield so that Rebozo could get into the box. Rebozo also testified that he gave Wakefield the replacement key for the new lock after the new lock was installed. However, Thomas H. Wakefield, under oath before the Senate Select Committee on June 10, 1974,

testified that Rebozo never came to him to request his copy of the key of the safe deposit box number 224, and that he was never given any replacement key to get into the box after the locks were allegedly changed. Wakefield stated in an interview that sometime in 1968 or 1969, Rebozo gave him a key to the safe deposit box and told him that in the case of Rebozo's death, Wakefield should open the box and follow the instructions. Rebozo also testified that it was not the custom of the bank

to ask Rebozo to sign the access card each time he went into his safe deposit boxes. Therefore, the same safe deposit box records produced by Rebozo did not represent each time that he went into the box. G. Other contributions. On March 21, 1974, Rebozo testified that A.D. Davis made a $50,000 cash contribution to Rebozo on April 4 or 5, 1972. Rebozo further testified that he called the Finance Committee to re-elect the president after receiving the contribution, and that the

committee sent Fred LaRue down to pick up the money. However, Fred LaRue testified that he did not discuss any contribution with B.B. Rebozo until October 1972, and that on that occasion, LaRue called Rebozo to request contributions for the Nunn campaign in Kentucky at the request of John Mitchell. In addition, LaRue's plane ticket showing the trip during which he picked up the money from Rebozo is dated October 12, 1972. However, on December 20, 1972, Rebozo testified

in a civil deposition that he received campaign funds for President Nixon's re-election campaign from January 1st, 1971 through April 6th, 1972, which have already been listed. It is interesting to note, however, that the A.D. Davis contribution was never noted on any list of contributors to the 1972 campaign, nor was any contribution from Davis acknowledged by Maurice Stanz, the chairman of the SCRP, until October 13, 1972. Rebozo also testified that he set up a

separate bank account for all contributions he received for the 1972 campaign. However, Rebozo testified before the Select Committee that he did not place the Hughes $100,000 contribution nor the A.D. Davis $50,000 in the special account that he had set up. On July 10, 1973, Rabozo told IRS Special Agent Jack Bartlett that, in 1972, Rabozo put all contributions received by him in the bank account, special bank account he set up for contributions. In addition, Mr. Rabozo

also testified on December 20, 1973, that aside from the Kislak contribution and the Hughes contribution, that he received other contributions, but those were others that are reported and they are a matter of record. Rebozo added, I believe, however, that they are subsequent to the April 7th date. Then Rebozo was asked, Q. There should be no pre-April 7th, 1972 contributions that are not in the material you submitted. Is that correct? A. That's correct, to the best of my recollection.

If you are getting at something specific you want to ask me about, go ahead. On March 20th, 1974, Rabozo was asked if Herbert Kalmbach asked him to see any specific individual with regard to contributions for the 1972 campaign. Rabozo replied, yes I think that later on, I don't know whether it was 1969 or 1970, it might have been 1970, he asked me to make an appointment with him with a couple of people that I knew. One was Paul Getty and another was Raymond Guest. Rabozo also testified

that the purpose of contacting these individuals was for the purpose of obtaining contributions for the 1972 election. The following exchange occurred. Mr. Lenzner, had you been asked by anybody else to speak to Mr. Getty yourself? Mr. Rebozo, no. Mr. Lenzner, you had not been requested by anybody else to seek to obtain money from Mr. Getty? Mr. Rebozo, no. However, in a memorandum dated on February 17, 1969, from H.R. Haldeman to John Ehrlichman, Mr. Haldeman stated that B.B.

Rebozo has been asked by the president to contact J.P. regarding major contributions. Herbert Kambach testified on March 21, 1974, that Rebozo had asked Kambach to solicit from Mr. Getty funds for the 1970 senatorial campaign program. Kambach also testified that Rebozo set it up for him to see Mr. Getty in Europe. On November 9, 1973, H.R. Haldeman told the staff in an interview that he recalled that Rebozo was responsible for raising funds from former

Senator John Smathers and his friends, and may have been the J.P. Getty contact. In addition, Rebozo testified that he sent leftover 1968 campaign funds from the Florida Nixon for President Committee to Herb Kalmbach, pursuant to Kalmbach's request. Rebozo testified that he did not know what Kalmbach was going to do with the money. I wasn't concerned with the purpose. He was just a little late in asking me, and I thought everything was paid. Kalmbach testified

that Rebozo had a special account in Key Biscayne that had leftover 1968 campaign funds in it. Kalmbach said he asked Rebozo to send these funds to him in order to pay Caulfield and Ulasiewicz. Before requesting the money from Rebozo, however, Kambach said he first cleared this procedure with John Ehrlichman. Kambach recalls that Ehrlichman approved that the funds Rebozo held from 1968 should be used to pay Caulfield and Ulasiewicz. Kambach testified that he discussed the need for these funds with Rebozo,

and that Rebozo specifically knew they were for Caulfield and Ulasiewicz. End of Section 23