Walter Mondale comments on the need for an independent prosecutor in the Watergate case

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Walter Mondale talks about the Watergate prosecution of political crimes, corrupt practices, violations and conspiracies. In interview, Mondale says it's becoming obvious these crimes which affect democracy and freedom are rarely prosecuted and investigated as they affect political allies.

Mondale says in the Watergate case we need an independent prosecutor who could grant immunity. Time is of the essence, with early decisions regarding the prosecution are being made now.

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SPEAKER 1: Senator Mondale, there's a general expectation that the Nixon administration and Attorney General designate Richardson will appoint an outside prosecutor to investigate the Watergate case. Do you think this in itself is going to be enough?

WALTER MONDALE: Well, events may overtake here the answer I give you here because the news does indicate that he's going to do so. I believe this raises the fundamental question of the prosecution of what you might call political crimes, or so-called Corrupt Practices Acts Violations.

I think it's becoming increasingly obvious, that these most serious crimes, and they are serious because they really affect democracy and freedom. And thus probably the most dangerous crimes of all are rarely prosecuted and investigated. Because often they involve investigations and prosecutions against one's own political allies.

And most of these crimes involve very serious political repercussions. And it seems to me that in the Watergate case and the allied issues, we need an independent prosecutor, with independent staff and independent powers. For example, we have the question of, who controls these prosecutions? It's not just the lawyer, who's handling the case, it's what kind of authority the lawyer has.

For example, a central issue in this whole dispute may be the authority to grant immunity. In most conspiracies, the key to a successful prosecution is to get one of the conspirators to talk, to say what went on in those private meetings, to say where the money went, and where are the books and all the things, and who did what to whom. That's always central to any good conspiracy trial.

Will the prosecutor have the power to grant immunity? These are some of the issues that I think have to be successfully dealt with if there's going to be the kind of independent handling of this case. Also, may I say there's a question of timeliness. Many of the prosecution decisions are being made right now, will the new prosecutor be loaded and bound by these earlier decisions?

SPEAKER 1: When you mention the question of granting immunity, there are some people in legal circles who think President Nixon may have tried to close the door to this in his speech about two weeks ago. Are you concerned that perhaps he's taken away a weapon of the special prosecutor?

WALTER MONDALE: I'm very concerned about it. The president said in his message that no one would get immunity. It may be that one of the key conspirators will not testify unless he's given immunity. This is a very standard problem in criminal cases.

Ironically, the president and his Crime Control Act pleaded for the power to grant immunity. So I'm hopeful, as a matter of fact, I think it's essential that this so-called independent prosecutor be given the authority to grant immunity. Otherwise, much of the case may remain beyond the reach of the jury.

SPEAKER 1: Taking up your point about an outside prosecutor to look at political crimes, the General Accounting Office, which is the Congressional investigating arm has come up with a number of violations, which have been turned over to the Justice Department and not followed up. Is this the type of thing you have in mind?

WALTER MONDALE: Yes. You see the GAO is an independent office. And it's in a sense almost independent from the Congress because of the long term of its director. And there's growing evidence that many of the crimes that they've uncovered or apparent crimes, which have been referred to the Justice Department, have not been acted on.

And this occurs is an intolerable situation. Not only in the context of the Watergate case, but I think in a long term context. I made a study some years ago of state and local corrupt practices acts. They're rarely prosecuted either. Because I think politicians find it hard to prosecute each other. And yet these are the most serious crimes of all.

And I think at the federal level, we ought to set up a new institution independent from all politicians. So that when politicians violate these laws, they know they're going to be prosecuted. That's the only way to do it, and I'm very hopeful that this is one of the basic lessons that we'll act on out of this tragic Watergate affair.

SPEAKER 1: Thank you very much, Senator.

WALTER MONDALE: This has been Senator Walter F. Mondale, reporting to Minnesota.

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