Senate adopts first article
in Cemusca impeachment
JIM K ITEINfIENN
Collegian Staff Writer
'Hie Undergraduate Student Government Senate last night
%oled 15-11 in favor of adopting the first article for im
peachment of USG President George Cernusca.
The orderly meeting was in contrast to Monday's shouting
ohoeh
The article deals with Cernusca's failure to comply with an
Insurance investigation committee subpoena presented to him
rii Sept 24 for a tape recording. Because of this Cernusca was
ruled in contempt of the committee.
The constitutionality of the vote was questioned by some
members of the Senate and by Cernusca.
The USG Constitution states that the Senate may, by a
majority vote, impeach any USG executive or judicial officer.
But the Constitution does not state whether the entire Senate
or a quorum of the Senate is needed for a majority vote.
l'red Stoner, president pro-tempore and acting chairman of
t he special Senate Meeting, ruled that the majority pertained
to a quorum
The chair's decision was appealed but failed.
Cernusca said he will file a grievance to the USG Supreme
'ourt and ask them for a decision on Stoner's ruling.
Ile said he is confideßt the Court will decide in his favor.
Such a decision would mean the first article of impeachment
did not pass since a majority of the entire Senate is 18 votes.
The question of majority vote did not arise until debate on
the article had ended.
Double jeopardy claimed by Ehrlichman
11 ASH ING TON c UPII John D.
Ehrlichman claimed yesterday he
cannot be uosecuted on Watergate
cover-up charges, saying the principle of
double jeopardy invalidates
the
of the
11% e charges against him in the two-day
old cover-up trial.
With jury selection proceeding slowly
un the courtrocim, Ehrlichman's lawyers
filed an "affirinative defense of double
jeopardy" with trial judge John J.
Sirica claiming their client cannot be
prosecuted for the cover-up conspiracy
because of his earlier conviction in the
Ellsberg burglary case.
Strica, meantime, warned prospective
jurors they could be jailed for contempt
of court if they fail to declare their true
teeling,s about the case &wing the jury
selection process expected to last
several more days.
Atter eight hours of preliminary
screening yesterday, Sirica excused 80
persons from jury duty' on personal
hardship grounds and ordered another
so to return tomorrow for further in
dri idual questioning. Sirica will question
today another 64 prospects who survived
Tuesday's first round of preliminary
screening, making a total of 144 held
o. er for more screening.
Ehrlichman, a former . presidential
adi iser and one of five defendants in the
co\ er-up trial, was convicted in July of
conspiracy and perjury in the 1971
burglary of Daniel Ellsberg's
psychiatrist's office by White House
••plunibers."
Eastern
d
AP wirephoto
JUBILANT PIRATES MANNY SANGUILLEN AND 808
ROBERTSON begin the celebration after last night's 5-4 victory
over Chicago brought the Eastern Division Crown back to Pitts
burgh. The Bucs scored twice in the ninth' to tie the game, then
again in the tenth to capture their third title in four years. See
story page 8.
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Thursday, October 3, 1974 '
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His lawyers did not say why that
conviction would bar prosecution for the
cover-tip, but it appeared they would
argue that the Ellsberg break-in and the
Watergate cover-up were, all part of the
same conspiracy. The constitutional.
principle of double jeopardy means a
person cannot be punished twice for the
same crime.
The lawyers said only that Erhlich-,
man is "constitutionally immune from
prosecution" for the first two counts of
the indictment against him, which
charge conspiracy and obstruction of
justice in the coyer-up.
He also faces three charges of lying to
federal investigators .but the double
jeopardy contention did not extend to
those charges.
Ehrlichman was sentenced to 20
months to five years imprisonment on
theEllsberg conviction but has appealed
and has spent no time in jail.
Federal procedure requires that a
complaint of double jeopardy must be
claimed at the time of trial. It was un-'
clear whether the trial must be delayed
while this legal issue is resolved.
Special Watergate prosecutor Leon
Jaworski, meanwhile, filed another
legal brief saying the government "may
prove at trial" 1 1 there were others in
volved in the conspiracy beyond those r .
indicted or named co-conspirators by the
grand jury.
Former President Richard M. Nixon is
one of nearly two dozen persons named
unindicted co-conspirators in the plot.
Crown
It had been previously stated by Cernusca aides that the
subpoena presented to Cernusca was not properly worded.
But Committee Chairman Pam Michaels told the Senate
that she was fold by legal advisors the subpoena was perfectly
legal.
Senator Harris Abrams said Cernusca did not give an honest
or reasonable explanation for not appearing with the tape
within the time period stated in the subpoena.
Cernusca told the Senate he had acted on the presumption
that even though the tape was in the possession of his former
executive assistant, Eric Richardson, he would be able to
present it to the committee.
But he said Richardson, refused to give ' him the tape without
legal counsel because of the possibility of legal ramifications.
As a result, he said, he was not able to comply with the sub
poena.
Town Senator James Cory said Cerriuso had to take "a
myriad of things" into account before handing over the tape.
He said the legal ramifications of such a tape had to be
researched before any action was taken and therefore the
charge of contempt along with the article was a "farce."
Some members of the Senate also questioned the validity of
voting by newly appointed Senator Anita Budinetz.
Senators claimed Budinetz might be influenced by a conflict
of interest since she had been student insurance representa
tive to Highan, Nielson, Whitridge nd Reid Insurance com
pany during the height of the insurance matter.
A motion was made to discuss Budinetz's situation but it
Jaworski gave no indication who else he
may seek to prove was involved.
Jaworski also submitted a brief on
behalf of the Central Intelligence
AgenCy seeking to quash partially
Ehrlichman's subpoenas for documents
to be used in his defense. He said the CIA
would provide some material, after
certain classified information was
deleted, but would refuse Ehrlichman's
"blanket request for the production for
every piece of paper" in CIA files men
tioning various individuals.
In the second day of the search for an
unbiased panel to hear the trial of five
former Nixon administration and
campaign officials, another 82 potential
jurors cited hardship in asking to be
excused from the case. Sirica began
hearing their pleas . individually.
"It doesn't look like we can get a jury
today," Sirica said.
Ninety had already been excused
Tuesday, and Sirica, mindful of pre-trial
claims by defense lawyers that their
Presidential pension remains intact
House slashes Nixon
WASHINGTON (UPI) The House
late yesterday voted to provide former
President Nixon $200,000 for his tran
sition to private life, less than a quarter
of what was sought, but rejected a move
to, strip him of his pension.
; In a series of votes on amendments to
a supplemental appropriation bill, the
Douse pared $198,000 from an already
greatly reduced proposed allowance for
Nixon's office and staff expenses and
pension in the first year out of office.
The amended bilt, which included $8.4
billion for education programs some
half-billion dollars more• than the ad
ministration wanted was approved
317-72 and sent to the Senate.
The sharp cuts in the proposed
allowance were triggered in part by a
determination some $316,000 was known
to have already been spent on Nixon's
transition to private life, plus an un
determined amount possibly large
provided him in the form of services by
government employes.
House members were angered when
government officials could not provide a
comprehensive total of spendi9g on the
Butera charges Shapp
HARRISBURG (AP) House federal, state and local tax bill for the
Republican leader Robert Butera last eight years was nearly $3 million.
yesterday accused Gov. Shapp of lying ‘- The governor told The Associated
about the amount he had paid in state Press Tuesday he never paid sta_te taxes
income taxes
A Shapp aide said the charge was
"vicious, erroneous and a deliberate
misrepresentation of the facts. It is
disappointing to see the majority leader
make such irresponsible statements."
Butera said Shapp's statement was "a
direct lie" when he told newsmen a
month ago he believed he had paid about
$60,000 in state income taxes "when in
fact he paid only $31,000 in the three
years since the state tax has been in
effect."
Shapp disclosed the $31,745 figure
himself on Sept. 24 with a, statement
from his accountants that his total
failed to pass. Budinetz voted in favor of the first article fo
impeachment. •
After the meeting ended, disorder erupted between coml
mit tee members and Cernusca.
Cernusca apparently took a letter from one of the corn,l
mittee members that had been presented as evidence during
the committee hearings.
But Cernusca said the:letter's existence was not divulged t
the Senate.
He said the committee was "withholding evidence that was
favorable to me."
The letter was from Frank B. Hall Insurance Company
offering insurance to cover some of Cernusca's personal
possessions. The offer was apparently made with the
supposition that the insurance policy would be given without
charge.
Cernusca said he never acknowledged the letter.
Cernusca said he took the letter from the committee,
member in order to make it public. He said that after having'
revealed its existence he would return to the committee. • -
Cernusca also said he is being advised to pursue litigation in l
court concerning the actions of certain committee members. •- '4 , l 4l4 Pwr'''
•••441-40',
He declined to mention who the Senators were and what the
charges would be.
am not going to be railroaded out of office by some
childish and vindictive members of the Senate,"-he added.
The Senate will resume its deliberations on the remaining wallop. Here Sharon_ practices one of her katas. tSee related
impeachment articles Sunday night. story on page 3),
clients could not get a fair trial in
Washington, took pains to impress the
need for candor upon the 175 prospective
jurors who went through the selection
process yesterday
Wagging his finger at the candidates,
Sirica told them they could be held in
contempt of court and sent to jail should
it develop later that they deliberately
failed to admit to any prejudices during
the selection process.
"I'm going to repeat it once more so
nobody will, have an excuse should it
happen," Sirica said. "I've been around
this courthouse a number of years and
I've seen the kind of thing happen that
I'm here to prevent."
He said, however, the warning was
"not for the purpose of intimidating,
coercing or frightening any prospective
juror."
The defendants, all former associates
of Richard M. Nixon, sat impassively at
the defense tables as Sirica„delivered his
lecture.
transition, and one member introduced a
resolution still pending that would
direct the White House to come up with
.one.
President Ford had asked for $850,000
for Nixon's first-year expenses, but a
House Appropriations subcommittee
trimmed that to $398,000.
The House further reduced the
committee's recommendation by
$145,000 on a 342-47 vote, then made an
additional $53,000 cut on a 321-62 vote.
A move to strip Nixon of his pension
was soundly defeated 344-46, and move
to provide him only his pension and no
transition funds was defeated 277-107.
The money is to cover Nixon's $5,000 a
month pension plus the hired, _help,
equipment and supplies needed to
process his mail and tie up the loose ends
of his administration.
But Rep. Joseph P. Addabbo, D-N.Y.,
sponsor of the cut, and other members
argued that the $398,000 was an ex
cessive amount because the Nixon
transition already has received $316,000
in federal funds since- he resigned the
presidency on Aug. 9.
on a $1.9 million profit he madedrom the
sale of a Williamsport cable TV firm
becuse he sold it before enactment of the
income levy. ,
The exemption came under a
regulation which prohibits taxing the
proceeds of a Contract made prior to
June 1, 1971, when the income tax
became effective. The Williamsport
firm was sold a month earlier with
payments to be made over three years.
Butera, from Montgomery County<
which is also where Shapp lives, said at a
news conference he knew nothing about
the regulation drawn up by the State
Revenue Department until recently.
,
, 1
Bundle of Dynamite
SHARON BIDDLE lith-busines may be small but she packs a
They are: former Attornqy General
John N. Mitchell;; former White House
chief of staff H. R. Haldeman; former
presidential adviser John Ehrlichman;
former . Nixon campaign official Robert
C. Mardian; and former campaign
lawyer Kenneth 13. Parkinson.
All are charge with conseiring to
coverup the June!, 1972, bre,akin at the
Democratic national headquarters in the
Watergate comple c t and all but Mardiazr
are charged with bstruction of justice.
Sirica, who has g t uided various phases
of the Watergate case through about two
years• of court proceedings, told the
prospective jurors that the indictments
against the five defendants are "not
evidence of anything." _ He: reminded
them they must presume the defendants
innocent unless they are proven guilty
beyond reasonable , doubt.
The trial opened Tuesday in the vast
ceremonial courtroom where Sirica
began the origind Watergate break-in
trial 21 months agcl . The scene will shift
That sum did not include substantial
payroll and other expenses for
assistance to Nixon that various federal
agencies have provided, and whose total
is unknown.
The full Senate Appropriations
Committee planned to take up today its
own subcommittees recommendation
for $320,000 in tranlitional funds.
The Addabbo amendment to a sup
plemental appropriation bill was voted
after the House turned down by a 169-228
vote an effort by Rp. Louis Stokes, D-
Ohio, to reduce the funds by $245,000, the
amount Nixon would receive for the first
six months out of office.
The committee had recommended
$245, - 000 for the first six months out of
office covered b 3?." the Presidential
Transition Act of 11963 and another
$153,000 for the second six months
covered by the Former Presidents Act of
1958.
In arguing for the Addabbo proposal,
Rep. George Danielson, D-Calif., told his
colleagues that the proposed purpose for
the money lacked speicifics.'We are just
buying a pig in a poke," he said.
lied 'about
"I am not questioning the governor of
illegality," Butera said, "but I am
questioning the 'egality of the
regulation.
"The governor himself knew about
this regulation, this loophole. this is
misfeasance on his p rt not to bring this
to light, and not tO i do something to
determine whether 1 t
his is proper or
not."
Shapp said the current income tax was
the second measure passed • by — tie
legislature, noting that the first
. ),,rsion.
which was effective Jan. 1, 1971 was
declared unconstitut onal by the state
Supretne Court because it provided
exemptions for low income earners..
"I fought for the Original tax and - II
wanted it to remain law," Shapp said. "I
would have been glad to pay the tax on
,~~
? ~ y '
{.
1111
to Sirica's own smaller courtroom after
preliminary screening of jurors is
ompleted, a process expected to take
several more days.
The jury selection process for this trial
is an especially painstaking task.
Besides the need to find 18 unbiased
panelists 12 jurors and six alternates
from among District of Columbia
residents, Sirica and t,p . e trial attorneys
had to find panelists willing and able to
undergo the hardshim of duty in this
case.
Sirica, announced Tuesday the jury
would be sequestered for the duration of
the trial cut off from their families.
jobs and the outside world in general for
perhaps as long as four months, living
under close guard in a motel near the
courthouse.
The persons excused Tuesday and
yesterday successfully argued these
conditions would create unfair personal
hardships for them.
allowance
His constituents want to know,
Danielson said, "What did we buy for
our money? I want to know what we are
buying."
Other members pointed out that there
was nothing in the law to prevent Ford
from financing Nixon's transitional
costs even without a congressional
appropriation because he simply could
provide the services under White House
operating funds. Rep. Elizabeth Holtz
man, D-N.Y., called the appropriation,
in effect, "open-ended."
Rep. Howard Robison, R-N.Y., argued
against the cuts, saying, "There is a
valid national purpose to be served by
providing a reasonably adequate
amount for transitional services."
Opponents of the cuts said past
presidents had been granted expenses
for taking care of the mail they receive
long after they leave the presidency and
other expenses that go along with being
a former President. There was no
reason, they said, to deny the funds to
Nixon just because he had resigned
instead of fulfilling his term.
taxes
my Williamsport sale if it had remained
legal."
Butera also blasted the governor for
what he called his "concentrated effort
to thwart" the work of the House Select
Committee to investigate S i 6te Contract
Practices headed by Rep. Patrick A.
Gleason, R-Cambria.
Butera sod the committee, which has
heard allegations of contractor kick
backs, "will not end its work Nov. 5,"
which is election day.
Partly cloudy and cool today, high 48.
Clear and very cold tonight, low 27. Most
ly sunny and warmer tomorrow, high
`~"_
Photo by Stephan Gerhart
Weather