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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - June 7, 1974, Lethbridge, Alberta Co-conspirator label means new problems for battered Nixon By LESLEY OELSNER New York Times Service WASHINGTON The naming of President Nixon as an unindicted co- conspirator in the Watergate cover-up is not, legally, the intrinsically significant act that his indictment would be. Unlike an indictment, it gives Nixon no new clearcut rights and duties, no right to a trial, no duty to plead to the accusations. But it has significance for Nixon and the six defendants as well. And for all seven, the implications seem largely negative at present. The naming of Nixon gives the prosecution an advantage in the trial of the six cover-up defendants, by making it easier for the prosecution to use certain evidence. It probably means that Nixon cannot escape his present problems by resigning unless he first makes a deal with the prosecution, such as the deal vice president Agnew made. It may also mean that Nixon's case in resisting the prosectuion subpoenas which some consider weak, may become even weaker. It may also have some effect on the impeachment proceedings for it could heighten public opinion against the president. These implications stem mainly from two things first, what the naming of someone as an unindicted co- conspirator suggests about the evidence against the person; and second, the law of conspiracy. Unindicted co-conspirators A news analysis are often named in conpsiracy prosecutions. As Ronald L. Goldfarb, a lawyer here and a former justice department official, said, "they're not innocent passers-by." They are persons against whom the prosecution has at least some incriminating evidence. Sometimes, the grand jury does not have sufficient evidence to indict. Other times, the prosecution agrees to an arrangement in which an individual will testify against the other accused conspirators in return for which he or she will not be prosecuted. The prosecution may name such a person an unindicted co-conspirator to take advantage of a rule of law that allows evidence about one conspirator to be used against another, or as Goldfarb noted, the prosecutor may want to "smear" the person. This is not a particularly acceptable or common practice, but it does seem to show up now and then. The reports about the Watergate grand jury's action in Nixon's case indicate another possibility. According to some sources, the jury voted to name the president a co-conpirator because it had originally wanted to indict him, but the special prosecutor, Leon Jaworski, had. advised them that indictment of an incumbent president raised legal problems. In this interpretation, the jury was trying to put on record its view that the president was "culpable" though not "indictable." This is similar to what a grand jury does when it issues a a report alleging certain wrongdoing but not subjecting the target of the report to criminal prosecuiion. The problems for the six cover-up defendants arose because of an aspect of the law on conspiracy called the co-conspirator rule. The rule says that once a conspiracy is shown to exist and certain persons are shown to be involved in it, that acts or statements that any conspirator makes in "furtherance" of a conspiracy are attributable to the other conspirators. The Lethbtidge Herald VOL. LXVII 149 LETHBRIDGE, ALBERTA, FRIDAY, JUNE 7, 1974 10 Cents 32 Pages Olympic opening may cost MONTREAL (CP) The organizing committee for the 1976 Summer Olympic Games has not yet divulged ticket prices, but there is speculation that it may cost per person to see the opening ceremonies in the Olympic Stadium in the city's'east end. f'Just on inflation alone it should be said Gerry Snyder, vice-president in charge of revenue for the organizing committee. "I'm not saying for a minute that's going to be the price, though." Snyder said it cost to watch the opening ceremonies at the 1972 summer games in Munich and said Montreal would likely beat that. "We do have in our revenue projection budget million for ticket Snyder added. "We have no idea at this point what our top prices will be." Swift butchers reject contract 6Czar' bill becomes law; 'black day for Alberta' EDMONTON (CP) The spring session of the Alberta legislature adjourned Thursday with the opposition making an unsuccessful last- ditch attempt to stop the controversial Northeast Alberta Regional Commis- sion Act. Unofficial ceasefire broken BELFAST TReuten An unofficial ceasefire between sectarian extremists in North- em Ireland was broken Thurs- day night with four bombs and two blazes. One of the bombs exploded at the home of a Roman Catholic priest near Kircubbin. Countv Down. ments before the act was given royal assent by Lt.-Gov. Grant MacEwan. It was the last official vice- regal duty performed in the house by Dr. MacEwan. retir- ing at the end of this month after 8Mz years as the Queen's representative in Alberta. Mr. Clark wanted the government to hold the bill over until the fall sitting of the 1974 legislative session for further study. The legislation gives one man sweeping powers to direct development of government services in the oil sands district as the area's population increases. Premier Peter Lougheed's Progressive Conservative government, expected to call an election next year, sprang few surprises during the sitting. Plans for most of Uie legislation had been made public before the sitting began in earlv March. A record budget was approved by the 75 mem- bers of the house. There was a S19-million surplus, the first since 1965-66. In addition, the province will get million from higher oil prices and royalties, but plans for spending that money will not be unveiled until "fall. The government saved an- other of its more controversial pieces of legislation until late in the sitting. Amendments to the Labor Act will allow unions and general contractors at oil sands plants to sign agreements that will guard against work stoppages during the five-year construction period. The opposition argued that the legislation will encourage workers on strike in other parts of the province to seek employment in northeastern Alberta. A way we go Ten months of slaving over the books ended today for another year for the about youngsters who attend city separate and public schools. As one young- ster pauses for one last look at the rows of empty desks and reflects a few of the pleasant memories of her first year in school, stampede out of the Fleetwood Bawden School" displaying a more appropriate view of youngsters being released from a scheduled Hfe for two months. Teachers return to city schools Aug. 19 and students begin classes again Aug. 20. Watergate taps hound Kissinger WASHINGTON (Reuter) Henry Kissinger strode into a state department news conference Thursday as the confident conqueror of suspicion and hostility in the Middle East He left the room 45 minutes later hounded by the questions that have turned the lives of President Nixon and his closest advisers into a nightmare. Instead of receiving the plaudits he might have President defies court ruling WASHINGTON