February 28-29, 1973: Senate Begins FBI Director Confirmation Hearings; Explosive Watergate Testimony Results

L. Patrick Gray. [Source: Bettmann / Corbis]The Senate confirmation hearings of FBI director L. Patrick Gray (see February 17, 1973) begin. [Woodward, 2005, pp. 13-14] As predicted (see February 27, 1973), they are an opportunity for angry Democrats to grill Gray about the FBI’s failure to expand their investigation of the Watergate conspiracy beyond the burglary itself (see 2:30 a.m.June 17, 1972). Gray launches his testimony by insisting that the FBI conducted a “massive special” investigation, a “full-court press” with “no holds barred.” But on the first day of testimony, without even being asked, Gray volunteers that he had given White House Council John Dean some of the raw FBI files of the investigation (see June 28, 1972), and offers the senators the files to peruse for themselves. [Time, 4/2/1973; Bernstein and Woodward, 1974, pp. 272-273; O.T. Jacobson, 7/5/1974 ] Gray admits to turning over at least 82 FBI documents on the investigation to Dean, even though the FBI’s general counsel had ordered that no documents be turned over without the approval of Attorney General Richard Kleindienst. In doing so, not only did Gray circumvent Kleindienst, whose Justice Department would have to prosecute anyone violating federal laws in the Watergate conspiracy, but gave information to White House officials bent on concealing evidence of their own involvement. Gray turns over a document showing that he spoke with Dean at least 33 times about the Watergate investigation between June and September 1972. [Time, 4/2/1973; O.T. Jacobson, 7/5/1974 ] After the second day of testimony, Washington Post reporter Carl Bernstein learns from Gray’s lawyer, William Bittman, that Dean had never given the FBI two notebooks from the safe of Watergate burglar E. Howard Hunt (see June 19, 1972). Bittman believes the notebooks contained information about who was involved in the Watergate conspiracy. Bittman, clearly disturbed by the missing documents, notes that they were “[v]aluable enough for someone to want them to disappear.” The Gray hearings will bring John Dean’s involvement in Watergate to the fore, and reveal that Gray took possession of the notebooks. [Time, 4/2/1973; Bernstein and Woodward, 1974, pp. 272-273; O.T. Jacobson, 7/5/1974 ]