THE CONGRESS: The Fateful Vote to Impeach

(12 of 12)
weeks is the period being discussed, so unless the House schedule slips badly, a trial presumably could start by the middle of September.

Although it is far from certain, the tapes subpoenaed by Special Prosecutor Jaworski from the President could play an influential role in the Senate trial. Just how and when any Congressional investigators could acquire them is not clear either, since the Supreme Court directed that the tapes be made available for use in the criminal-conspiracy trial of six former Nixon aides, scheduled to begin on Sept. 9. For eight hours after the Supreme Court decision was announced in Washington, the San Clemente White House kept alive its earlier suspense about whether the President would comply. But then James St. Clair stepped into a Laguna Beach pressroom to announce that Nixon had directed him to "take whatever measures are necessary to comply with that decision in all respects." Some legal experts believe that the Senate could subpoena the tapes from Judge Sirica in ample time for a presidential trial.

At a hearing in his courtroom, Sirica reminded St. Clair that "a little over three months have passed since the subpoena was issued." Nixon's lawyer promised to "do as good a job as promptly as possible" but said that Jaworski's suggested ten-day deadline could not be met. The President, St. Clair said, "feels he should know what he is turning over" and thus must listen to all of the tapes.

Said Sirica moments later: "I don't think it's going to take the time you have in mind." Suddenly he asked St. Clair: "Have you personally listened to the tapes?" When St. Clair said no, Sirica was incredulous. "You mean to say the President wouldn't approve of your listening to the tapes?" Flustered, St. Clair did not directly respond. Sirica persisted: "You mean to say you could argue this case without knowing all the background of these matters?" St. Clair claimed that he was not a good listener. The judge sternly suggested: "You should personally undertake that assignment [analyzing the tapes]." St. Clair agreed to supply 20 of the 64 tapes early this week and hoped to have another batch ready by week's end.

Such was the accelerating momentum of impeachment, however, that any new evidence from the tapes may be overkill. By its diligence and the bipartisan magnitude of its vote, the House Judiciary Committee has virtually assured a substantial, bipartisan vote for impeachment in the full House. That in turn is sure to have an impact on the Senate, as will public opinion.

Last week a Gallup poll showed that Nixon held a favorable rating of only 24% of the population, his lowest level yet. A Harris poll found that 53% of Americans favor the President's impeachment by the House and a plurality, 47% to 34%, believes that he should be convicted in the Senate and dismissed from office.

Both polls were taken before the massive exposure to the nation of evidence and argument in the committee's televised sessions —and the committee's vote. In the proceedings that lie ahead, those figures are likely to turn further against Nixon, and the evidence that brought the men and women of the committee to their anguished decision is not likely to go away.