THE CONGRESS: Judging Nixon: The Impeachment Session

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After the Watergate affair broke open last spring, O'Neill became deeply involved in the House's reaction. He and Albert squelched as "premature" a move by Congressman John Moss to have the House start impeachment hearings after Senator Sam Ervin's committee began its work. O'Neill knew that there were insufficient grounds at that point to justify the step, which could jeopardize future efforts if the evidence came to warrant impeachment.

Then John Dean testified in June and O'Neill really moved into action. He told Chairman Rodino: "You've got to get ready. This thing is going to hit us, and you've got to be prepared for it. And keep it from becoming political."

As Rodino set up a special staff to study the question of impeachment, O'Neill kept badgering him regularly: "How do you think it's going? Are we moving?" When Rodino delayed too long in naming a special counsel, O'Neill delivered an ultimatum: "You've got to have your man before we go home for Christmas." In December Rodino named John Doar, who had O'Neill's approval because he was a Republican and thus could not be attacked for partisanship.

A House Divided? Prodded by O'Neill, Rodino has shown an increasing sensitivity about maintaining not only a nonpartisan approach but also the appearance of nonpartisanship. Last October, Rodino made the mistake of proposing that only he have the right to subpoena materials. When the committee voted on the motion, the Democrats predictably won by a straight party vote, 21 to 17. The Republicans then charged, not without some reason, that it appeared the Democrats were out to get the President by collecting only anti-Nixon evidence.

Last week Rodino corrected his mistake by offering to share the right of subpoena with Edward Hutchinson of Michigan, the ranking Republican on the committee. Rodino will soon ask the House to vote to grant subpoena power to the committee. That seems certain to be given, since Republicans are in the vanguard of those urging the committee to get on with its assignment. The effect will be to put the full weight of the House behind the inquiry.

Meanwhile, Counsel Doar and his staff of 40 are trying to lay hands on the documents, tapes and testimony that Special Prosecutor Leon Jaworski has been accumulating on all phases of Watergate. Without the files, warns Rodino, his hearings could drag on until next year—a prospect appalling to everyone. But Jaworski, who has to worry about charges of partisanship himself, has been carefully insisting that he does not now have the legal right to turn over his files to Rodino.

Jaworski has, however, been hinting broadly that he would gladly turn over his files to Rodino if so ordered by John J. Sirica, the federal judge who convened the Watergate grand juries. Rodino is expected to ask Sirica to solve the impasse. If Sirica refuses, Rodino can try to subpoena the materials. Assuming that he can get Jaworski's files, Rodino has promised O'Neill that he will push for a committee vote on impeachment by April or May.