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Context of 'February 23, 2008: Zubaida’s Lawyers Fear Their Client Was Driven Insane by Torture'

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Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556.Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556. [Source: NPR]With the advent of the “Enlightenment,” many countries ban the practice of waterboarding, with at least one calling it “morally repugnant.” Waterboarding has been around since the 14th century, known variously as “water torture,” the “water cure,” or tormenta de toca, a phrase that refers to the thin piece of cloth placed over the victim’s mouth. Officials for the Spanish Inquisition were among those who waterboarded prisoners; the Inquisition, recognizing the potentially lethal effect of the practice, required a doctor to be present when a prisoner was waterboarded. Historian Henry Charles Lea, in his book A History of the Inquisition of Spain, will describe waterboarding as follows: “The patient strangled and gasped and suffocated and, at intervals, the toca was withdrawn and he was adjured to tell the truth. The severity of the infliction was measured by the number of jars [of water] consumed, sometimes reaching to six or eight.” Waterboarding actually refers to two separate interrogation techniques: one involving water being pumped directly into the stomach, and another that features the steady streaming of water into the throat. The first, according to author Darius Rejali, “creates intense pain. It feels like your organs are on fire.” The second will be the method later preferred by US interrogators, who will use it on suspected terrorists. This method is a form of “slow motion drowning” perfected by Dutch traders in the 17th century, when they used it against their British rivals in the East Indies. In 2007, reporter Eric Weiner will write: “[W]aterboarding has changed very little in the past 500 years. It still relies on the innate fear of drowning and suffocating to coerce confessions.” [National Public Radio, 11/3/2007]

Entity Tags: Darius Rejali, Spanish Inquisition, Henry Charles Lea, Eric Weiner

Timeline Tags: Torture of US Captives

President Theodore Roosevelt, wielding what will become known as the theory of inherent power, declares that the presidency has a “residuum of powers” to do anything not specifically forbidden by the Constitution. Without asking Congress for its approval, Roosevelt launches the project to build the Panama Canal, sends the US Navy around the world, and sends US troops to the Dominican Republic. In 2009, reporter and author Charlie Savage will write, “Roosevelt’s views… contained the seeds of the imperial presidency that would arise during the first decades of the Cold War.” Roosevelt’s successor, future Supreme Court Chief Justice William Howard Taft, will disagree, and Taft’s presidency will restore some of the limits on presidential power removed by Roosevelt. [Savage, 2007, pp. 17-18]

Entity Tags: William Howard Taft, Charlie Savage, Theodore Roosevelt

Timeline Tags: Civil Liberties

1902: Future President Defends Waterboarding

Future president Theodore Roosevelt, writing about the use of waterboarding as an interrogation method during the Spanish-American War, defends the practice. “The enlisted men began to use the old Filipino method: the water cure” (see 1800 and After), he writes in a letter. “Nobody was seriously damaged.” During the war, a US soldier, Major Edwin Glenn, was suspended and fined by an Army court-martial for waterboarding a prisoner. The Army judge advocate wrote that the charges constituted a “resort to torture with a view to extort a confession.” He recommended disapproval because “the United States cannot afford to sanction the addition of torture.” [National Public Radio, 11/3/2007]

Entity Tags: US Department of the Army, Edwin Glenn, Theodore Roosevelt

Timeline Tags: Torture of US Captives

Brehon B. Somervell.Brehon B. Somervell. [Source: Public domain]Construction begins on the Pentagon. The structure was conceived at the request of Brigadier General Brehon B. Somervell in 1941, in order to provide a temporary solution to the growing US War Department’s critical shortage of space. The groundbreaking ceremony takes place on September 11, 1941. [Fine, 1972, pp. 265-266, 348-351, 431-432, 434; PR Web, 1/16/2018] Exactly 60 years later, Flight 77 will crash into the Pentagon as part of the 9/11 attacks (see 9:37 a.m. September 11, 2001).

Entity Tags: Pentagon, Brehon B. Somervell

Timeline Tags: US Military

Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal.Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal. [Source: Associated Press]Marine interrogator Major Sherwood F. Moran writes an informal memo for use by other interrogators. Moran is a legendary figure among Marines, renowned for his ability to coax information from the most reluctant or resistant Japanese captive, even during the height of battle, and often using his knowledge of, and respect for, Japanese culture to his advantage. His memo will remain relatively unknown outside the Marine Corps until the summer of 2003, when it will be included in the archives of the Marine Corps Interrogator Translator Teams Association. The memo, titled “Suggestions for Japanese Interpreters Based on Work in the Field,” is remarkable for its insistence that treating prisoners with humanity and respect works far better than “harsh” interrogation methods. Author Ulrich Straus, an expert on Japanese POWs held in US captivity during World War II, will later write that Moran “was a particularly effective interrogator because he treated each prisoner as another human rather than as the enemy.” In 2005, after the Abu Ghraib scandals become media fodder, military historian Stephen Budiansky will write: “Six months before the abuses at Abu Ghraib prison broke into public view, a small and fairly obscure private association of United States Marine Corps members posted on its Web site a document on how to get enemy POWs to talk. The document described a situation very similar to the one the United States faces in the insurgencies in Iraq and Afghanistan: a fanatical and implacable enemy, intense pressure to achieve quick results, a brutal war in which the old rules no longer seem to apply.… Moran, the report’s author, noted that despite the complexities and difficulties of dealing with an enemy from such a hostile and alien culture, some American interrogators consistently managed to extract useful information from prisoners. The successful interrogators all had one thing in common in the way they approached their subjects. They were nice to them. Moran was writing in 1943, and he was describing his own, already legendary methods of interrogating Japanese prisoners of war. More than a half century later his report remains something of a cult classic for military interrogators.” [David R. Moran, 2005]
Human-to-Human Attitude - Moran writes that the best interrogators (whom he says should consider themselves “interviewers”) become “wooers” of their captives, coaxing information rather than attempting to force confessions. Most important, Moran writes, is the interrogator’s attitude towards his prisoner. “Many people, I suppose, would on first thought think ‘attitude’ had nothing to do with it; that all one needs is a knowledge of the language, then shoot out questions, and expect and demand a reply,” he writes. “Of course that is a very unthinking and naive point of view.” Just as important, Moran writes, is a sympathy and understanding of the captive’s culture. A superior or demeaning attitude breeds nothing but antagonism and resistance.
Speaking the Language of the Captive - Almost as important, Moran notes, is the interrogator’s ability to speak directly to the captive in his own language, without the need for translators. An interrogator should speak the language fluently and idiomatically, or, when that is not possible, to at least have some command over common phrases. “After all, the first and most important victory for the interviewer to try to achieve is to get into the mind and into the heart of the person being interviewed,” he writes.
Hidden System - Fellow feelings and warm sympathy towards the captive are necessary, but not the entire package. While the captive, or an outside observer, might believe that the interrogator is merely indulging in friendly chit-chat, the interrogator must have an agenda and a plan in place at all times. “[I]n the workings of your mind you must be a model of system,” Moran says. “You must know exactly what information you want, and come back to it repeatedly. Don’t let your warm human interest, your genuine interest in the prisoner, cause you to be sidetracked by him! You should be hard-boiled but not half-baked. Deep human sympathy can go with a business-like, systematic, and ruthlessly persistent approach.”
Short-Circuiting Patriotic Defensiveness - To emphasize that your side, your nation, or your culture is superior—in essence, the “conquerors” of the captive’s military or his nation—is counterproductive, Moran writes. “To emphasize that we are enemies, to emphasize that he is in the presence of his conqueror, etc., puts him psychologically in the position of being on the defensive, and that because he is talking to a most-patient enemy and conqueror he has no right and desire to tell anything,” he writes.
Breaking Recalcitrant Prisoners - Sometimes even the best interrogators come up against recalcitrant prisoners who flatly refuse, for patriotic reasons or what Moran calls “conscientious scruples,” to give any information. In these cases, Moran writes, harsh or physical techniques of intelligence extraction are counterproductive. Instead, he writes, with his Japanese captives he is often able to shame the prisoner into cooperating. Reminding the captive that he has been treated humanely, has been treated with kindness and courtesy, implies a quid pro quo—not the threat of having this treatment withdrawn if cooperation is not forthcoming, but a matter of the captive returning the interrogator’s courtesy with information. [Moran, 7/17/1943 pdf file]

Entity Tags: US Marine Corps, Ulrich Straus, Stephen Budiansky, Sherwood F. Moran, Marine Corps Interrogator Translator Teams Association

Timeline Tags: Torture of US Captives

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Timeline Tags: Civil Liberties

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

The first “Zippe-type” gas centrifuge, named after one of its main developers, German scientist Gernot Zippe, is produced. The centrifuge uses duralumin rotors. Centrifuge rotors are thin-walled tubes that spin at high speeds producing enriched uranium 235. Centrifuge rotors are highly sensitive and must be made from specialized high-strength material. [Albright, 10/9/2003]

Entity Tags: Gernot Zippe

Timeline Tags: Events Leading to Iraq Invasion

President Harry Truman, without the approval of Congress, sends US troops to fight in the Korean War. Unlike his predecessor (see December 8, 1941), Truman asserts that he has the inherent right to do so as the commander in chief (see 1787 and 1793). Truman bases his decision in part on a UN Security Council resolution passed three days before—at the US’s behest—approving military aid to South Korea, which was invaded by North Korean troops on June 25. In 2007, reporter and author Charlie Savage will write: “But the permission of foreign states was irrelevant to the domestic legal issue of who got to decide whether the United States would go to war. No president had ever before launched anything on the scale of the Korean War without prior permission from Congress, as the Constitution requires.” Savage will explain why Congress allows Truman to usurp its prerogatives: “[M]embers of Congress, eager to appear tough against Communism and to support a war effort, did nothing to block Truman.” [Savage, 2007, pp. 19; Truman Library, 3/2008]

Entity Tags: Harry S. Truman, United Nations Security Council, Charlie Savage

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’ [Source: Cinema Forever (.com)]The French novel Les Centurions, by Jean Larteguy, features an early version of the so-called “ticking time bomb” scenario, in which torture is used to force critical information from a prisoner. The book, set during France’s occupation of Algeria, features a hero who beats up a female Arab dissident in order to learn the location of bombs planted throughout the city of Algiers. The hero uses the information gleaned from the beating of the woman to find and defuse the bombs. The book will be made into a 1966 film, Lost Command, starring Anthony Quinn. [Cinema Forever, 2009; National Public Radio, 5/5/2009]

Entity Tags: Anthony Quinn, Jean Larteguy

Timeline Tags: Torture of US Captives

The CIA’s Technical Services Division (TSD) considers plans to undermine Fidel Castro’s charismatic appeal by sabotaging his speeches. At one point, there is discussion of spraying Castro’s broadcasting studio with a hallucinogenic chemical. The plan is taken of the shelf because the chemical is deemed unreliable. During this period, the TSD laces a box of cigars with a chemical that would produce temporary disorientation, hoping that he will smoke one of the cigars before giving a speech. In another instance, the TSD comes up with a scheme to dust Castro’s shoes with thallium salts during a trip outside of Cuba. The salts would cause his beard to fall out. The plan is abandoned when Castro cancels the trip. [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, Technical Services Division (TSD)

Timeline Tags: US-Cuba (1959-2005)

The CIA works with a high-level Cuban official, codenamed “AM/LASH,” on a plan to assassinate Fidel Castro and overthrow his government. In June 1965, the CIA ends its contact with AM/LASH and his associates, citing security concerns. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Timeline Tags: US-Cuba (1959-2005)

A Time magazine profile lambasts the racist, anti-Communist John Birch Society (JBS—see December 2011), in what is many Americans’ first exposure to the group. It delineates the organization’s penchant for secrecy, its domination by its “dictatorial” leader, Robert Welch, and its hardline battle against almost every element of the federal government as “agents of Communism.” Forty to 60 percent of the federal government is controlled by Communism, the JBS believes. Time calls the organization “a tiresome, comic-opera joke” that nonetheless has cells in 35 states and an ever-widening influence. In Wichita, Kansas, JBS student members are trained to inform their cell leaders of “Communist” influences they may detect in their classroom lectures, and the offending teacher is berated by parents. A Wichita businessman who wanted to give a donation to the University of Wichita decided not to donate after being hounded by local JBS members, who wanted the university to fire professors and remove selected books from its library. “My business would be wrecked,” the businessman explains, “if those people got on the phone and kept on yelling that I am a Communist because I give money to the school.” Nashville, Tennessee, JBS members organize community members to verbally attack neighbors whom they suspect of Communist affiliations. JBS’s current priority, Time writes, is to bring about the impeachment of Chief Justice Earl Warren. Welch, who obtained his wealth from his brother’s candymaking business, believes that Social Security and the federal income tax are all part of the “creeping socialism” that is taking over the federal government. He retired from the business in 1957 and founded the JBS shortly thereafter, naming it for a US Navy captain killed by Chinese Communist guerrillas after the end of World War II. Welch’s seminal tract, “The Politician,” accuses President Eisenhower and his brother Milton Eisenhower of being Communist plants, and accuses both men of treason against the nation. [Time, 3/10/1961]

Entity Tags: Milton Eisenhower, John Birch Society, Time magazine, Dwight Eisenhower, Robert Welch, Earl Warren

Timeline Tags: Domestic Propaganda

The CIA’s Task Force W devises two plans to assassinate Fidel Castro. The first one, involving an exploding sea shell that would be placed where Castro regularly dives, is dismissed by the CIA’s Technical Services Division (TSD) as impractical. In the second plan, James Donovan (who has been negotiating with Castro for the release of prisoners taken during the Bay of Pigs operation) would present Castro with a contaminated diving suit. TSD decides to give the plan a try. It purchases a diving suit and laces its breathing apparatus with tubercule bacillus. The suit itself is dusted with a fungus that is known to cause a chronic skin disease. But the suit never leaves the laboratory. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Entity Tags: Technical Services Division (TSD), James Donovan, Fidel Castro

Timeline Tags: US-Cuba (1959-2005)

The US and Britain secretly agree to make the British Indian Ocean Territory (BIOT) available “for the defense purposes of both Governments as they may arise” for a period of 50 years, and thereafter for 20 years during which time either government will have the right to terminate the agreement. [US Department of State, 12/30/1966; United Kingdom, 12/30/1966; Guardian, 9/1/2000; BBC, 1/10/2001; BBC, 11/11/2004]

Entity Tags: David Kirkpatrick Este Bruce, George T. Churchill

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Timeline Tags: Civil Liberties

Roger Ailes (left) and Richard Nixon in a 1968 photo.Roger Ailes (left) and Richard Nixon in a 1968 photo. [Source: White House Photo Office / Rolling Stone]Roger Ailes, the media consultant for the Richard Nixon presidential campaign, decides that Nixon should, during a televised town hall, take a staged question from a “good, mean, Wallaceite cab driver.” Ailes is referring to the overtly racist third-party candidacy of Governor George Wallace (D-AL). Ailes suggests “[s]ome guy to sit there and say, ‘Awright, Mac, what about these n_ggers?’” According to Nixonland author Rick Pearlstein, the idea is to have Nixon “abhor the uncivility of the words, while endorsing a ‘moderate’ version of the opinion.” [Pearlstein, 5/2008, pp. 331; Media Matters, 7/22/2011] The suggestion is not used. Ailes will go on to found Fox News (see October 7, 1996).

Entity Tags: Rick Pearlstein, George C. Wallace, Richard M. Nixon, Roger Ailes

Timeline Tags: Nixon and Watergate, Domestic Propaganda, Elections Before 2000

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

After Richard Nixon wins the presidency (see November 5, 1968), he orders a review of the Sentinel anti-ballistic missile program (see September 18, 1967). It is suspended and later reintroduced in a more modest form under the moniker “Safeguard.” Nixon says the program will protect “our land-based retaliatory forces against a direct attack by the Soviet Union.” Safeguard has serious conception and design flaws, and is never completely deployed; when the 1972 Anti-Ballistic Missile Treaty is signed with the Soviet Union (see May 26, 1972), the program is scaled back and eventually terminated by Congress. Author Stephen Schwartz will later write that the Sentinel/Safeguard program is “the only time that Congress has successfully voted down a major strategic nuclear weapons program supported by the executive branch.” [Schwartz, 1998, pp. 286-288; Federation of American Scientists, 1/15/2008]

Entity Tags: Richard M. Nixon, Sentinel, Stephen Schwartz, Safeguard

Timeline Tags: US International Relations

An exhaustive study of the US’s involvement in Vietnam since 1945 is completed. The study was ordered in early 1967 by then-Defense Secretary Robert S. McNamara, partly to determine how the situation in Southeast Asia had gotten so out of hand. The study, entitled “United States-Vietnam Relations, 1945-1967,” is by the “Vietnam Study Task Force,” led by Leslie H. Gelb, the director of Policy Planning and Arms Control for International Security Affairs at the Pentagon, and comprised of 36 military personnel, historians, and defense analysts from the RAND Corporation and the Washington Institute for Defense Analysis. The study is huge, composed of 47 volumes and spanning 7,000 pages of material. It covers the time from 1945, when Vietnam was under French colonial rule, through the 1968 Tet Offensive. The study conclusively shows that each US administration, from Harry S. Truman through Lyndon B. Johnson, had knowingly and systematically deceived the American people over the US’s involvement and interventions in the region. Historian John Prados will later observe that the study, later dubbed the “Pentagon Papers” after it is leaked by RAND analyst and task force member Daniel Ellsberg (see September 29, 1969 and March 1971), represents “a body of authoritative information, of inside government deliberations that demonstrated, beyond questioning, the criticisms that antiwar activists had been making for years, not only were not wrong, but in fact, were not materially different from things that had been argued inside the US government.” [Moran, 2007]

Entity Tags: Leslie Gelb, Harry S. Truman, Daniel Ellsberg, John Prados, Vietnam Study Task Force, Washington Institute for Defense Analysis, RAND Corporation, Lyndon B. Johnson, US Department of Defense, Robert McNamara

Timeline Tags: Nixon and Watergate

Map showing the 115,273 targets bombed by US airstrikes between October 1965 and August 1973.Map showing the 115,273 targets bombed by US airstrikes between October 1965 and August 1973. [Source: Taylor Owen / History News Network]President Nixon and his National Security Adviser, Henry Kissinger, discuss North Vietnamese sanctuaries and supply routes in the neutral border country of Cambodia. General Creighton Abrams, the US military commander in South Vietnam, wants those sites bombed, regardless of the fact that military strikes against locations in a neutral country would be flagrant violations of international laws and treaties. Abrams has assured the White House that no Cambodian civilians live in those areas—a false assertion. Nixon orders Kissinger to come up with a plan for bombing Cambodia. Kissinger, his military aide Alexander Haig, and Nixon’s chief of staff H. R. Haldeman develop the basic plan in two days. The first wave of bombings will begin three weeks later (see March 15-17, 1969). Nixon’s secret bombings of Cambodia—dubbed “Operation Menu”—will trigger a wave of global denunciations, further energize the antiwar movement, and help precipitate the leak of the “Pentagon Papers” (see March 1971). [Reeves, 2001, pp. 48-49]

Entity Tags: Richard M. Nixon, Henry A. Kissinger, ’Operation Menu’, Alexander M. Haig, Jr., H.R. Haldeman, Creighton Abrams

Timeline Tags: Nixon and Watergate

Henry Kissinger.Henry Kissinger. [Source: Library of Congress]Secretary of State Henry Kissinger, determined to prove to President Nixon that news stories about the secret Cambodian bombings are not being leaked to the press by liberals in the National Security Council offices, urges FBI director J. Edgar Hoover to wiretap several of Nixon’s top aides, as well as a selection of reporters. Kissinger will later deny making the request. [Werth, 2006, pp. 169] In March 1973, W. Mark Felt, the deputy director of the FBI and Washington Post reporter Bob Woodward’s famous “Deep Throat” background source, will confirm the wiretappings, saying: “In 1969, the first targets of aggressive wiretapping were the reporters and those in the administration who were suspected of disloyalty. Then the emphasis was shifted to the radical political opposition during the [Vietnam] antiwar protests. When it got near election time [1972], it was only natural to tap the Democrats (see Late June-July 1971 and May 27-28, 1972). The arrests in the Watergate (see 2:30 a.m.June 17, 1972) sent everybody off the edge because the break-in could uncover the whole program.” [Bernstein and Woodward, 1974, pp. 271] Felt will tell Woodward that two of the reporters placed under electronic surveillance are Neil Sheehan and Hedrick Smith. Pentagon Papers leaker Daniel Ellsberg will leak the Defense Department documents to Sheehan (see March 1971). Eventually, future FBI director William Ruckelshaus will reveal that at least 17 wiretaps are ordered between 1969 and 1971. The logs of those wiretaps are stored in a safe in White House aide John Ehrlichman’s office. In all, 13 government officials and four reporters are monitored. [Bernstein and Woodward, 1974, pp. 313] The FBI will send Kissinger 37 letters reporting on the results of the surveillance between May 16, 1969 and May 11, 1970. When the surveillance is revealed to the Senate Watergate Committee, it will be shown that among those monitored are Nixon speechwriter and later New York Times columnist William Safire; Anthony Lake, a top Kissinger aide who will later resign over the secret bombings of Cambodia; and the military assistant to Secretary of Defense Melvin Laird, whom Kissinger regards as a political enemy. [Woodward, 2005, pp. 21-22]

Entity Tags: Richard M. Nixon, J. Edgar Hoover, Henry A. Kissinger, Hedrick Smith, Anthony Lake, Melvin Laird, Neil Sheehan, William Safire, W. Mark Felt, National Security Council, William Ruckelshaus

Timeline Tags: Civil Liberties, Nixon and Watergate

The Army drops all charges against six Green Berets accused of murdering a South Vietnamese interpreter, Thai Khac Chuyen, accused of being a North Vietnamese collaborator. The Green Berets did indeed murder Chuyen and drop his body in the South China Sea. The CIA, irate at the murder, alerted senior military officials and the Army begins courts-martial proceedings against the six. However, the White House convinces CIA Director Richard Helms not to let any of his agents testify at the trials; without their testimony, the Secretary of the Army, Stanley Resor, decides that the trials cannot continue. White House press secretary Ron Ziegler solemnly informs reporters that “[t]he president had not involved himself either in the original decision to prosecute the men or in the decision to drop the charges against them.” The news horrifies RAND Corporation defense analyst Daniel Ellsberg. He is convinced that President Nixon and his aides were indeed involved in the decision to stop the CIA from testifying in the case. Ellsberg has long known of a secret document detailing the origins of the Vietnam War; one of only fifteen copies of that document resides in a RAND safe. Ellsberg calls his friend Anthony Russo and secures the use of a Xerox copying machine. The two begin secretly making their own copies of the document. When Ellsberg later leaks the document to the press, it becomes known as the “Pentagon Papers” (see March 1971). [Reeves, 2001, pp. 127-132]

Entity Tags: Nixon administration, Anthony Russo, Central Intelligence Agency, Daniel Ellsberg, US Department of the Army, Richard Helms, Thai Khac Chuyen, Stanley Resor, Ron Ziegler

Timeline Tags: Nixon and Watergate

November 17, 1969: SALT I Talks Begin

Impelled in part by anti-ballistic missiles deployed in both the US and the Soviet Union (see September 18, 1967 and 1969-1976), the two nuclear superpowers begin the first round of Strategic Arms Limitation Talks, later known as SALT I. The negotiations are designed to limit both anti-ballistic missile systems and offensive nuclear arsenals. An agreement will be signed three years later (see May 26, 1972 and May 26, 1972). [Federation of American Scientists, 1/15/2008]

Entity Tags: Sentinel, Safeguard

Timeline Tags: US International Relations

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Timeline Tags: Civil Liberties

Roger Ailes, the senior media consultant for the Nixon administration (see 1968), writes, or helps write, a secret memo for President Nixon and fellow Republicans outlining a plan for conservatives to “infiltrate and neutralize” the mainstream American media. The document will not be released until 2011; experts will call it the “intellectual forerunner” to Fox News, which Ailes will launch as a “fair and balanced” news network in 1996 (see October 7, 1996). John Cook, the editor of the online news and commentary magazine Gawker, will call the document the outline of a “nakedly partisan… plot by Ailes and other Nixon aides to circumvent the ‘prejudices of network news’ and deliver ‘pro-administration’ stories to heartland television viewers.” The document is entitled “A Plan for Putting the GOP on TV News.” Ailes, currently the owner of REA Productions and Ailes Communications Inc., works for the Nixon White House as a media consultant; he will serve the same function for President George H.W. Bush during his term. Ailes is a forceful advocate for using television to shape the message of the Nixon administration and of Republican policies in general. He frequently suggests launching elaborately staged events to entice favorable coverage from television reporters, and uses his contacts at the news networks to head off negative publicity. Ailes writes that the Nixon White House should run a partisan, pro-Republican media operation—essentially a self-contained news production organization—out of the White House itself. He complains that the “liberal media” “censors” the news to portray Nixon and his administration in a negative light. Cook will say the plan “reads today like a detailed precis for a Fox News prototype.” The initial idea may have originated with Nixon chief of staff H.R. Haldeman, but if so, Ailes expands and details the plan far beyond Haldeman’s initial seed of an idea. [Roger Ailes, 1970; Gawker, 6/30/2011] In 2011, Rolling Stone journalist Tim Dickinson will write: “This is an astounding find. It underscores Ailes’s early preoccupation with providing the GOP with a way to do an end run around skeptical journalists.” [Rolling Stone, 7/1/2011]
Focus on Television - Ailes insists that any such media plan should focus on television and not print. Americans are “lazy,” he writes, and want their thinking done for them: “Today television news is watched more often than people read newspapers, than people listen to the radio, than people read or gather any other form of communication. The reason: People are lazy. With television you just sit—watch—listen. The thinking is done for you.” Ailes says the Nixon administration should create its own news network “to provide pro-administration, videotape, hard news actualities to the major cities of the United States.” Other television news outlets such as NBC News, ABC News, CBS News, and PBS News, are “the enemy,” he writes, and suggests going around them by creating packaged, edited news stories and interviews directly to local television stations. (Years later, these kinds of “news reports” will be called “video news releases,” or VNRs, and will routinely be used by the George W. Bush administration and others—see March 15, 2004, May 19, 2004, March 2005, and March 13, 2005. They will be outlawed in 2005—see May 2005.) “This is a plan that places news of importance to localities (senators and representatives are newsmakers of importance to their localities) on local television news programs while it is still news. It avoids the censorship, the priorities, and the prejudices of network news selectors and disseminators.” Ailes and his colleagues include detailed cost analyses and production plans for such news releases. In a side note on the document, Ailes writes: “Basically a very good idea. It should be expanded to include other members of the administration such as cabinet involved in activity with regional or local interest. Also could involve GOP governors when in DC. Who would purchase equipment and run operation—White House? RNC [Republican National Committee]? Congressional caucus? Will get some flap about news management.”
Dirty Tricks - Ailes suggests planting “volunteers” within the Wallace campaign, referring to segregationist George Wallace (D-AL), whose third-party candidacy in 1968 almost cost Nixon the presidency. Ailes knows Wallace is planning a 1972 run as well, and is apparently suggesting a “mole” to either gather intelligence, carry out sabotage, or both. (Wallace’s plans for another run will be cut short by an assassination attempt—see May 15, 1972.) Ailes also suggests having his firm film interviews with Democrats who support Nixon’s Vietnam policies, such as Senators John Stennis (D-MS) and John McClellan (D-AR). Though Stennis and McClellan would believe that the interviews were for actual news shows, they would actually be carried out by Ailes operatives and financed by a Nixon campaign front group, the “Tell it to Hanoi Committee.” In June 1970, someone in the Nixon administration scuttles the plan, writing: “[T]he fact that this presentation is White House directed, unbeknownst to the Democrats on the show, presents the possibility of a leak that could severely embarrass the White House and damage significantly its already precarious relationship with the Congress. Should two powerful factors like Stennis and McClellan discover they are dupes for the administration the scandal could damage the White House for a long time to come.”
Volunteers to Head Program - Ailes writes that he wants to head any such “news network,” telling Haldeman: “Bob—if you decide to go ahead we would as a production company like to bid on packaging the entire project. I know what has to be done and we could test the feasibility for 90 days without making a commitment beyond that point.” Haldeman will grant Ailes’s request in November 1970, and will give the project a name: “Capitol News Service.” Haldeman will write: “With regard to the news programming effort as proposed last summer, Ailes feels this is a good idea and that we should be going ahead with it. Haldeman suggested the name ‘Capitol News Service’ and Ailes will probably be doing more work in this area.” Documents fail to show whether the “Capitol News Service” is ever actually implemented. [Roger Ailes, 1970; Gawker, 6/30/2011]
Television News Incorporated - Ailes will be fired from the Nixon administration in 1971; he will go on to start a similar private concern, “Television News Incorporated” (TVN—see 1971-1975), an ideological and practical predecessor to Fox News. Dickinson will write: “More important, [the document] links the plot to create what would become Television News Incorporated—the Ailes-helmed ‘fair and balanced’ mid-1970s precursor to Fox News—to the Nixon White House itself.” [Gawker, 6/30/2011; Rolling Stone, 7/1/2011] A former business colleague of Ailes’s will say in 2011: “Everything Roger wanted to do when he started out in politics, he’s now doing 24/7 with his network [Fox News]. It’s come full circle.” [Rolling Stone, 5/25/2011]

Entity Tags: John Cook, George C. Wallace, Fox News, Bush administration (43), Ailes Communications, H.R. Haldeman, George Herbert Walker Bush, Tim Dickinson, Television News Incorporated, Tell it to Hanoi Committee, REA Productions, John Stennis, John Little McClellan, Nixon administration, Roger Ailes

Timeline Tags: Domestic Propaganda

President Nixon meets with FBI Director J. Edgar Hoover, CIA Director Richard Helms, and the heads of the NSA and DIA to discuss a proposed new domestic intelligence system. His presentation is prepared by young White House aide Tom Charles Huston (derisively called “Secret Agent X-5” behind his back by some White House officials). The plan is based on the assumption that, as Nixon says, “hundreds, perhaps thousands, of Americans—mostly under 30—are determined to destroy our society.” Nixon complains that the various US intelligence agencies spend as much time battling with one another over turf and influence as they do working to locate threats to national security both inside and outside of the country. The agencies need to prove the assumed connections between the antiwar demonstrators and Communists. The group in Nixon’s office will now be called the “Interagency Committee on Intelligence,” Nixon orders, with Hoover chairing the new ad hoc group, and demands an immediate “threat assessment” about domestic enemies to his administration. Huston will be the White House liaison. Historian Richard Reeves will later write: “The elevation of Huston, a fourth-level White House aide, into the company of Hoover and Helms was a calculated insult. Nixon was convinced that both the FBI and the CIA had failed to find the links he was sure bound domestic troubles and foreign communism. But bringing them to the White House was also part of a larger Nixon plan. He was determined to exert presidential control over the parts of the government he cared most about—the agencies dealing with foreign policy, military matters, intelligence, law, criminal justice, and general order.” [Reeves, 2001, pp. 229-230]

Entity Tags: Richard Reeves, Tom Charles Huston, Central Intelligence Agency, Defense Intelligence Agency, Federal Bureau of Investigation, J. Edgar Hoover, Richard M. Nixon, Richard Helms, National Security Agency

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon approves the “Huston Plan” for greatly expanding domestic intelligence-gathering by the FBI, CIA and other agencies. Four days later he rescinds his approval. [Washington Post, 2008] Nixon aide Tom Charles Huston comes up with the plan, which involves authorizing the CIA, FBI, NSA, and military intelligence agencies to escalate their electronic surveillance of “domestic security threats” in the face of supposed threats from Communist-led youth agitators and antiwar groups (see June 5, 1970). The plan would also authorize the surreptitious reading of private mail, lift restrictions against surreptitious entries or break-ins to gather information, plant informants on college campuses, and create a new, White House-based “Interagency Group on Domestic Intelligence and Internal Security.” Huston’s Top Secret memo warns that parts of the plan are “clearly illegal.” Nixon approves the plan, but rejects one element—that he personally authorize any break-ins. Nixon orders that all information and operations to be undertaken under the new plan be channeled through his chief of staff, H. R. Haldeman, with Nixon deliberately being left out of the loop. The first operations to be undertaken are using the Internal Revenue Service to harass left-wing think tanks and charitable organizations such as the Brookings Institution and the Ford Foundation. Huston writes that “[m]aking sensitive political inquiries at the IRS is about as safe a procedure as trusting a whore,” since the administration has no “reliable political friends at IRS.” He adds, “We won’t be in control of the government and in a position of effective leverage until such time as we have complete and total control of the top three slots of the IRS.” Huston suggests breaking into the Brookings Institute to find “the classified material which they have stashed over there,” adding: “There are a number of ways we could handle this. There are risks in all of them, of course; but there are also risks in allowing a government-in-exile to grow increasingly arrogant and powerful as each day goes by.” [Reeves, 2001, pp. 235-236] In 2007, author James Reston Jr. will call the Huston plan “arguably the most anti-democratic document in American history… a blueprint to undermine the fundamental right of dissent and free speech in America.” [Reston, 2007, pp. 102]

Entity Tags: US Department of Defense, National Security Agency, Richard M. Nixon, Brookings Institution, Central Intelligence Agency, Federal Bureau of Investigation, Ford Foundation, Internal Revenue Service, Tom Charles Huston, James Reston, Jr

Timeline Tags: Civil Liberties, Nixon and Watergate

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

Roger Ailes, a former media consultant to the Nixon administration (see Summer 1970) who proposed a White House-run “news network” that would promote Republican-generated propaganda over what he calls “liberal” news reporting (see Summer 1970), moves on to try the idea in the private venue. Ailes works with a project called Television News Incorporated (TVN), a propaganda venue funded by right-wing beer magnate Joseph Coors. Conservative activist and Coors confidant Paul Weyrich will later call Ailes “the godfather behind the scenes” of TVN. To cloak the “news” outlet’s far-right slant, Ailes coins the slogan “Fair and Balanced” for TVN. In 2011, Rolling Stone reporter Tim Dickinson will write: “TVN made no sense as a business. The… news service was designed to inject a far-right slant into local news broadcasts by providing news clips that stations could use without credit—and for a fraction of the true costs of production. Once the affiliates got hooked on the discounted clips, its president explained, TVN would ‘gradually, subtly, slowly’ inject ‘our philosophy in the news.’ The network was, in the words of a news director who quit in protest, a ‘propaganda machine.’” Within weeks of TVN’s inception, its staff of professional journalists eventually has enough of the overt propaganda of their employer and begin defying management orders; Coors and TVN’s top management fire 16 staffers and bring in Ailes to run the operation. The operation is never successful, but during his tenure at TVN, Ailes begins plotting the development of a right-wing news network very similar in concept to the as-yet-unborn Fox News. TVN plans to invest millions in satellite distribution that would allow it not only to distribute news clips to other broadcasters, but to provide a full newscast with its own anchors and crew (a model soon used by CNN). Dickinson will write, “For Ailes, it was a way to extend the kind of fake news that he was regularly using as a political strategist.” Ailes tells a Washington Post reporter in 1972: “I know certain techniques, such as a press release that looks like a newscast. So you use it because you want your man to win.” Ailes contracts with Ford administration officials to produce propaganda for the federal government, providing news clips and scripts to the US Information Agency. Ailes insists that the relationship is not a conflict of interest. Unfortunately for Ailes and Coors, TVN collapses in 1975. One of its biggest problems is the recalcitrance of its journalists, who continue to resist taking part in what they see as propaganda operations. Ailes biographer Kerwin Swint will later say, “They were losing money and they weren’t able to control their journalists.” In a 2011 article for the online news and commentary magazine Gawker, John Cook will write: “Though it died in 1975, TVN was obviously an early trial run for the powerhouse Fox News would become. The ideas were the same—to route Republican-friendly stories around the gatekeepers at the network news divisions.” Dickinson will write that one of the lessons Ailes learns from TVN, and will employ at Fox, is to hire journalists who put ideological committment ahead of journalistic ethics—journalists who will “toe the line.” [Rolling Stone, 5/25/2011; Gawker, 6/30/2011] Ailes will go on to found Fox News, using the “fair and balanced” slogan to great effect (see October 7, 1996 and 1995).

Entity Tags: Paul Weyrich, John Cook, Fox News, Ford administration, Joseph Coors, Nixon administration, Television News Incorporated, Tim Dickinson, Roger Ailes, United States Information Agency, Kerwin Swint

Timeline Tags: Domestic Propaganda

Book cover of the Pentagon Papers.Book cover of the Pentagon Papers. [Source: Daniel Ellsberg]The New York Times receives a huge amount of secret Defense Department documents and memos that document the covert military and intelligence operations waged by previous administrations in Vietnam (see January 15, 1969). The documents are leaked by Daniel Ellsberg, a former Defense Department official who worked in counterintelligence and later for the RAND Corporation while remaining an active consultant to the government on Vietnam. Ellsberg, a former aide to Secretary of State and National Security Adviser Henry Kissinger and a member of the task force that produced the Defense Department documents, has, over his tenure as a senior government official, become increasingly disillusioned with the actions of the US in Vietnam. [Herda, 1994] The documents are given to Times reporter Neil Sheehan by Ellsberg (see May 1969). [Bernstein and Woodward, 1974, pp. 313]
Ellsberg Tried to Interest Senators - After he and his friend Anthony Russo had copied the documents (see September 29, 1969), Ellsberg had spent months attempting to persuade several antiwar senators, including William Fulbright (D-AR), Charles Mathias Jr (R-MD), George McGovern (D-SD), and Paul “Pete” McCloskey (R-CA), to enter the study into the public record, all to no avail. But McGovern suggested that Ellsberg provide copies of the documents either to the New York Times or the Washington Post. Ellsberg knew Sheehan in Vietnam, and decided that the Times reporter was his best chance for making the documents public. [Reeves, 2001, pp. 333; Moran, 2007] Ellsberg originally gave copies of the documents—later dubbed the “Pentagon Papers”—to Phil Geyelin of the Washington Post, but the Post’s Katherine Graham and Ben Bradlee decided not to publish any of the documents. Ellsberg then gave a copy to Sheehan.
Documents Prove White House Deceptions - The documents include information that showed former President Dwight D. Eisenhower had made a secret commitment to help the French defeat the insurgents in Vietnam. They also show that Eisenhower’s successor, John F. Kennedy, had used a secret “provocation strategy” to escalate the US’s presence into a full-blown war that eventually led to the infamous Gulf of Tonkin incident. The documents also show that Kennedy’s successor, Lyndon Johnson, had planned from the outset of his presidency to expand the war [Spartacus Schoolnet, 8/2007] , and show how Johnson secretly paved the way for combat troops to be sent to Vietnam, how he had refused to consult Congress before committing both ground and air forces to war, and how he had secretly, and illegally, shifted government funds from other areas to fund the war. Finally, the documents prove that all three presidents had broken Constitutional law in bypassing Congress and sending troops to wage war in Vietnam on their own authority. [Herda, 1994]
Times Publishes Against Legal Advice - The Times will begin publishing them in mid-June 1971 (see June 13, 1971) after putting Sheehan and several other reporters up in the New York Hilton to sift through the mountain of photocopies and the senior editors, publishers, and lawyers argued whether or not to publish such a highly classified set of documents. The management will decide, against the advice of its lawyers, to publish articles based on the documents as well as excerpts from the documents themselves. [Moran, 2007]

Entity Tags: Paul McCloskey, Washington Post, Phil Geyelin, RAND Corporation, New York Times, Johnson administration, Kennedy administration, Charles Mathias, Jr, Ben Bradlee, Anthony Russo, Neil Sheehan, Daniel Ellsberg, Henry A. Kissinger, George S. McGovern, Katharine Graham, J. William Fulbright, US Department of Defense

Timeline Tags: Nixon and Watergate

The New York Times publishes the first of the so-called “Pentagon Papers,” the Defense Department’s secret history of the Vietnam War during the Kennedy and Johnson administrations (see January 15, 1969 and March 1971). The Washington Post will begin publishing the papers days later. [Reeves, 2001, pp. 330; Moran, 2007] The first story is entitled “Vietnam Archive: Pentagon Study Traces Three Decades of Growing US Involvement,” and is labeled the first of a series. [Moran, 2007] The opening paragraph, by reporter Neil Sheehan, reads, “A massive study of how the United States went to war in Indochina, conducted by the Pentagon three years ago, demonstrates that four administrations [Eisenhower, Kennedy, Johnson, and Nixon] progressively developed a sense of commitment to a non-Communist Vietnam, a readiness to fight the North to protect the South, and an ultimate frustration with this effort—to a much greater extent than their public statements acknowledged at the time.” [Reeves, 2001, pp. 330]
Nixon Believes Publication May Discredit Predecessors, Not Him - President Nixon, who is not mentioned in the papers, at first is not overly worried about the papers being made public, and feels they may actually do him more good than harm. [Werth, 2006, pp. 84-87] In a tape-recorded conversation the same day as the first story is published, Nixon tells National Security Adviser Henry Kissinger that in some ways, the story helps him politically, serving to remind the voting public that the Vietnam War is more the product of his predecessors’ errors than his own. Nixon says that the publication just proves how important it is for his administration to “clean house” of disloyal members who might take part in such a “treasonable” act. [Moran, 2007] “This is really tough on Kennedy, [Robert] McNamara [Kennedy’s secretary of defense], and Johnson,” he says. “Make sure we call them the Kennedy-Johnson papers. But we need… to keep out of it.” [Reeves, 2001, pp. 331]
Kissinger Argues that Leak is a Threat to Nixon's Administration - However, Kissinger is furious, yelling to his staff: “This will destroy American credibility forever. We might as well just tell it all to the Soviets and get it over with.” Kissinger convinces Nixon to try to stop the Times from publishing the documents by in part appealing to his masculinity—Nixon would not want to appear as a “weakling” to his foreign adversaries, Kissinger argues. Kissinger himself fears that his former association with Ellsberg will damage his own standing in the White House. Kissinger says he knows that Ellsberg is a womanizer and a “known drug user” who “shot at peasants in Vietnam,” and that information can be used to damage Ellsberg’s credibility (see Late June-July 1971). [Reeves, 2001, pp. 334; Werth, 2006, pp. 84-87] One of the arguments Kissinger successfully uses to stoke Nixon’s ire is that the papers were leaked by one or more “radical left-wing[ers]” to damage the administration’s credibility. Nixon calls the leak a “conspiracy” against him and his administration. [Moran, 2007] Nixon soon attempts to stop further publications with a lawsuit against the Times (see June 15, 1971). The Post will also become involved in the lawsuit. [Herda, 1994] Nixon initially believes former Kissinger aide Leslie Gelb, now of the Brookings Institute, is responsible for leaking the documents. Although Nixon does not know this, he is quite wrong. Gelb has always worried that the documents would cause tremendous controversy if ever made public. Only 15 copies exist: five in Secretary of Defense Melvin Laird’s safe; copies under lock and key at the Kennedy and Johnson presidential libraries; several copies in the hands of former Johnson administration officials, including McNamara and his successor, Clark Clifford; and two at the RAND Corporation. Nixon widens his speculation over the leak, telling his chief of staff H. R. Haldeman that someone on Kissinger’s staff may have leaked the documents, or maybe some unknown group of “f_cking Jews.” Regardless of who it is, Nixon says, “Somebody’s got to go to jail for that.” It is Kissinger who quickly figures that Ellsberg was the leaker. [Reeves, 2001, pp. 331-334]

Entity Tags: Richard M. Nixon, New York Times, Kennedy administration, Johnson administration, Washington Post, US Department of Defense

Timeline Tags: Nixon and Watergate

Dr. Marvin Goldberger.Dr. Marvin Goldberger. [Source: Teises Institutas]One consequence of the Pentagon Papers’ publication (see March 1971) is a heavy social and academic backlash against scientists on the Jason Project. The “Jasons,” as they are sometimes called, are mostly physicists and other “hard” scientists from various universities who have worked as ad hoc consultants to the Pentagon since the Soviets launched their Sputnik satellite in October 1958. Though most of the Jasons are strongly opposed to the Vietnam War, and the Pentagon documents tell of the Jasons’ ideas for “a real alternative to further escalation of the ineffective air war against North Vietnam,” the public focuses on the Jasons’ association with the government’s war effort. After the Papers’ publication, Mildred Goldberger, wife of scientist Marvin Goldberger, recalls that the Jasons’ “name was mud.” Jack Ruina, the head of the Pentagon’s Advanced Research Project Agency (ARPA), which often worked with some of the Jasons, says that the Jasons became “the devil” in many eyes. Some of the scientists are publicly labeled “war criminals” and “baby killers,” some have their offices burgled and their homes vandalized, and many face serious questions about their motives and commitment to pure, objective science. Some of the scientists repudiate the Jasons’ work on behalf of the war effort; longtime member Goldberger tells one group of demonstrators, “Jason made a terrible mistake. They should have told [former Defense Secretary Robert] McNamara to go to hell and not have become involved at all.” Others refuse to discuss Vietnam and their work with the Jason Project in their seminars and classes; one, Murray Gell-Mann, is forcibly removed from a Paris university lecture hall after refusing to defend his work with the Jasons to his audience. Physicist Charles Towne accuses the universities of curtailing the Jasons’ freedom of speech. Some of the scientists are falsely accused of helping produce plastic fragmentation bombs and laser-guided shells; some of them are compared to the Nazi scientists who developed nerve gas for use in the concentration camps. A November 1974 article in the Bulletin of the Atomic Scientists will sum up the debate: “The scientists became, to some extent, prisoners of the group they joined…. At what point should they have quit?” The decisions they faced were, the article will assert, “delicate and difficult.” [Finkbeiner, 2006, pp. 102-113]

Entity Tags: Murray Gell-Mann, Charles Towne, Defense Advanced Research Projects Agency, Jack Ruina, Jason Project, US Department of Defense, Marvin Goldberger, Robert McNamara, Mildred Goldberger

Timeline Tags: Nixon and Watergate

A federal court, issuing a ruling in the case of New York Times Company v. United States (see June 15, 1971), refuses to order the Times to turn over its copy of the Pentagon Papers for government inspection, saying that it will not authorize a government fishing expedition into the files of any newspaper. [Herda, 1994] The court’s decision is overruled the next day, but by this point it is, for all intents and purposes, too late. The Washington Post prints its second installment and releases the article to the 341 newspapers that subscribe to its national news service. Within hours, newspapers across the country are publishing the Post excerpts. Daniel Ellsberg, who originally leaked the documents to the Times (see March 1971), is secretly traveling around the country, making the documents available to other news outlets. (Ellsberg is so successful at staying hidden that he is interviewed by CBS news anchor Walter Cronkite for a June 23 news special without the FBI being able to find him. Ellsberg will eventually surrender himself to the police (see June 28, 1971).) [Reeves, 2001, pp. 335-336]

Entity Tags: Walter Cronkite, CBS News, Washington Post, Daniel Ellsberg, New York Times, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Daniel Ellsberg.Daniel Ellsberg. [Source: PBS / Corbis]The source of the Pentagon Papers leak, former defense consultant Daniel Ellsberg (see March 1971), surrenders to police. He is indicted for theft, conspiracy, and espionage. [National Security Archives, 6/29/2001; Online Highways, 8/18/2007] Almost two years later, all the charges against Ellsberg will be dismissed because of government misconduct (see May 11, 1973).

Entity Tags: Daniel Ellsberg

Timeline Tags: Nixon and Watergate

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Arthur Bremer being restrained after shooting George Wallace.Arthur Bremer being restrained after shooting George Wallace. [Source: Kansas City Star]Around 4 p.m, gunman Arthur Bremer shoots Alabama Governor George Wallace in a Maryland shopping center. Wallace, mounting a third-party bid for the presidency, survives the shooting, but is crippled for life. He is also essentially out of the race. The political ramifications are powerful: Wallace, a segregationist Democrat, is doing well in many Southern states. With Wallace out of the picture, his voters will almost uniformly go to Richard Nixon, and whatever threadbare chance of victory Democratic candidate George McGovern has of defeating Nixon is over.
Lone Gunman - There is no evidence to connect Nixon or the GOP with Bremer—all evidence will show that Bremer is a classic “lone gunman” who stalked several presidential candidates before gunning down Wallace—but Nixon and his campaign officials know that even a hint of a connection between the Nixon campaign and Bremer would be politically devastating.
Break-in - On the night of the shooting, Nixon aide Charles Colson orders campaign operative E. Howard Hunt (see 2:30 a.m.June 17, 1972) to break into Bremer’s Milwaukee apartment to discover if Bremer had any political connections (hopefully Democratic or liberal connections, though none are ascertained). [Woodward, 2005, pp. 47-50] Interestingly, by 6:30 p.m., White House communications official Ken Clawson calls the Washington Post to announce that “left-wing” literature had been found in Bremer’s apartment, and that Bremer may have been associated with the presidential campaign of George McGovern. No such evidence is found. Colson tells reporters that Bremer is a dues-paying member of the Young Democrats of Milwaukee, a lie that makes it into several newspapers. Post editor Howard Simons will consider the idea that Wallace was assassinated on the orders of the White House—“the ultimate dirty trick”—but no evidence of that connection ever surfaces. [Bernstein and Woodward, 1974, pp. 326; Reeves, 2001, pp. 480]
FBI Leaves Apartment - Hunt will claim in his autobiography, Undercover, that he refused the order to burglarize Bremer’s apartment. The FBI finds both left-wing and right-wing literature in Bremer’s apartment, as well as a diary whose opening line is, “Now I start my diary of my personal plot to kill by pistol either Richard Nixon or George Wallace.” Local reporters will later claim that the FBI leaves Bremer’s apartment for about 90 minutes, during which time reporters and other unidentified figures are able to spirit away papers and other materials. It is not clear whether Hunt is one of those “unidentified figures.” [Spartacus Schoolnet, 8/2007]
Deep Throat - Top FBI official W. Mark Felt provides useful information for Washington Post reporter Bob Woodward’s profile of Bremer, operating as a “deep background” source. It is the first time Felt, who will become Woodward’s “Deep Throat” Watergate source (see May 31, 2005), gives important information to Woodward. [Woodward, 2005, pp. 47-50]

Entity Tags: Richard M. Nixon, Howard Simons, W. Mark Felt, George S. McGovern, Ken Clawson, E. Howard Hunt, Arthur Bremer, Bob Woodward, Charles Colson, George C. Wallace

Timeline Tags: Nixon and Watergate, Elections Before 2000

The US and the Soviet Union sign the Anti-Ballistic Missile Systems (ABM) Treaty. It will be ratified by the US Senate in August 1972, and will go into force in October 1972. Originally, the treaty agrees that each nation can have only two ABM deployment areas, located so that those areas cannot provide a nationwide ABM defense or become the basis for developing one. In essence, the ABM Treaty prevents either nation from developing a missile defense system (see March 23, 1983), and allows each country the likelihood of destroying the other with an all-out nuclear barrage. The treaty puts in place the doctrine of MAD, or Mutual Assured Destruction, which states that because both nations can obliterate the other in a nuclear exchange, neither one will trigger such a strike. In 1976, an addendum to the treaty further limits the number of ABM deployment areas from two to one; the Soviets will deploy a rudimentary ABM system around Moscow, but the US never does, and even deactivates its single ABM site near Grand Forks, North Dakota. In 2001, US President George W. Bush will unilaterally withdraw from the treaty (see December 13, 2001 and June 14, 2002). [Federation of American Scientists, 1/15/2008]

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

Washington Post reporter Bob Woodward learns that two of the Watergate burglars (see 2:30 a.m.June 17, 1972) have the name “E. Howard Hunt” in their address books, both with notations that indicate Hunt has a post at the White House. Woodward contacts his FBI source, W. Mark Felt—later known as “Deep Throat” (see May 31, 2005)—and asks Felt the first of many Watergate-related questions. Felt is reticent, merely telling Woodward that the burglary will “heat up” before hanging up on Woodward. Unsure what to do next, Woodward calls the White House and asks for Hunt. When no one answers Hunt’s office phone, the White House operator suggests that Hunt may be in the office of Charles Colson, the special counsel to President Nixon. Colson’s office gives Woodward the number of the Mullen Company, a public relations firm for which Hunt writes (Mullen is a possible CIA front company—see June 17, 1972). Woodward calls Hunt there, and when Hunt answers, asks him why his name is in the address book of two of the Watergate burglars. “Good God!” Hunt shouts, then says he has no comment, and slams down the phone. Within hours, Hunt will go into hiding. White House communications official Ken Clawson tells Woodward that Hunt worked with the White House in declassifying the Pentagon Papers (see March 1971), and, more recently, on a narcotics enforcement project. Clawson then puzzles Woodward by making the following unsolicited statement: “I’ve looked into the matter very thoroughly, and I am convinced that neither Mr. Colson nor anyone else at the White House had any knowledge of, or participation in, this deplorable incident at the Democratic National Committee.” Woodward soon learns that Hunt was a CIA agent between 1949 and 1970. Woodward again calls Felt, who guardedly tells him that Hunt is connected to the burglaries by far more than mere address books. Felt does not tell Woodward that he has already reviewed Hunt’s White House personnel file, and found that Hunt worked over 600 hours for Colson in less than a year. [Bernstein and Woodward, 1974, pp. 24-25; Woodward, 2005, pp. 56-58]

Entity Tags: W. Mark Felt, Bob Woodward, Charles Colson, Mullen Company, Democratic National Committee, Ken Clawson, E. Howard Hunt

Timeline Tags: Nixon and Watergate

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon tells a gathering of reporters regarding the Watergate burglary (see 2:30 a.m.June 17, 1972), “The White House has no involvement in this particular incident.” Washington Post reporters Carl Bernstein and Bob Woodward find the phrasing—“this particular incident”—interesting. They have already unearthed numerous connections between the White House and the Watergate burglars, some more tenuous than others, but all pointing to a larger, if indistinct, pattern:
bullet Burglar Frank Sturgis is one of the men who attacked Pentagon Papers leaker Daniel Ellsberg (see March 1971) outside a memorial service for the late FBI Director J. Edgar Hoover in May 1972.
bullet The address book of one of the burglars contains sketches of the hotel rooms to be used by the campaign of Democratic candidate George McGovern during the Democratic National Convention in Miami.
bullet A Miami architect says that burglar Bernard Barker tried to obtain blueprints of the Miami convention hall and its air-conditioning system.
bullet Burglar E. Howard Hunt’s boss at the public relations firm he works for (see June 17, 1972), Robert Bennett, has organized over 100 dummy campaign committees that have been used to funnel millions of dollars into the Nixon re-election campaign.
bullet Burglar James McCord (see 2:30 a.m.June 17, 1972) was carrying an application for college press credentials for the Democratic convention when he was arrested.
bullet Three of the Watergate burglars, all Miami residents, had been in Washington at the same time the offices of some prominent Democratic lawyers in the Watergate had been burgled. [Bernstein and Woodward, 1974, pp. 29]

Entity Tags: Frank Sturgis, Bob Woodward, Bernard Barker, Carl Bernstein, E. Howard Hunt, Nixon administration, James McCord, Daniel Ellsberg, Richard M. Nixon, George S. McGovern

Timeline Tags: Nixon and Watergate

Britain agrees to pay £650,000 (about $1.4 million) to the Mauritius government for costs associated with the resettlement of the Chagossians, who are being evicted from their homes in the Chagos Islands by the British (see July 27, 1971-May 26, 1973). It is paid in March 1973. No help is provided to Seychelles, which has also received displaced islanders. [Washington Post, 9/9/1975; British Royal Courts of Justice, 10/9/2003] Most of the money goes toward repaying debts the Chagossians have incurred. [Tribune (Bahamas), 11/17/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Ron Ziegler.Ron Ziegler. [Source: San Diego Union Tribune]The White House, the Nixon re-election campaign, and Republican supporters begin publicly attacking the Washington Post over its Watergate coverage.
'Character Assassination' - White House press secretary Ron Ziegler says, when asked about the Watergate conspiracy: “I will not dignify with comment stories based on hearsay, character assassination, innuendo or guilt by association.… The president is concerned about the technique being applied by the opposition in the stories themselves.… The opposition has been making charges which have not been substantiated.” Ziegler later calls the Post reports “a blatant effort at character assassination that I do not think has been witnessed in the political process in some time.”
'Political Garbage' - The chairman of the Republican National Committee, Senator Robert Dole (R-KS) attacks what he calls “political garbage” printed about Watergate: “The Washington Post is conducting itself by journalistic standards that would cause mass resignations on principle from the Quicksilver Times, a local underground newspaper,” and accuses the Post of essentially working for the Democrats. (Six months after his attacks, Dole will say that the credibility of the Nixon administration is “zilch, zero.” Years later, Dole will apologize to Post reporter Bob Woodward for his comments.)
CREEP Accusations - Clark MacGregor, the chairman of the Committee to Re-elect the President (CREEP), holds a press conference to say, “The Post has maliciously sought to give the appearance of a direct connection between the White House and the Watergate—a charge the Post knows—and a half dozen investigations have found—to be false.” (MacGregor fields angry questions from the gathered reporters, some of whom bluntly challenge his credibility and his truthfulness, with stoicism, refusing to answer any of them, and instead sticking with his prepared statement.) MacGregor demands to know why the Post hasn’t investigated apparent campaign “dirty tricks” carried out against the Nixon campaign. Like Dole, MacGregor accuses the Post of collaborating with the Democrats, and even charges that Democratic presidential candidate George McGovern encouraged former defense analyst Daniel Ellsberg to leak the “Pentagon Papers” to the press (see March 1971).
Post Thinks Campaign Orchestrated by White House - Post executive editor Ben Bradlee, examining the statements by Ziegler, Dole, and MacGregor, is certain that the entire attack was orchestrated by the White House and perhaps by President Nixon himself. Bradlee issues a statement saying that everything the Post has reported on Watergate is factual and “unchallenged by contrary evidence.” He tells reporters Carl Bernstein and Bob Woodward that “this is the hardest hardball that has ever been played in this town,” and warns them to keep out of any compromising situations that could be used by the White House to challenge their credibility. After Nixon’s landslide presidential victory (see November 7, 1972), the attacks continue. Senior White House aide Charles Colson says, “The charge of subverting the whole political process, that is a fantasy, a work of fiction rivaling only Gone With the Wind in circulation and Portnoy’s Complaint for indecency.” [Washington Post, 5/1/1973; Bernstein and Woodward, 1974, pp. 161-166; Woodward, 2005, pp. 83-84]

Entity Tags: Robert J. (“Bob”) Dole, Washington Post, Richard M. Nixon, Ron Ziegler, Republican National Committee, George S. McGovern, Bob Woodward, Ben Bradlee, Nixon administration, Carl Bernstein, Clark MacGregor, Daniel Ellsberg, Committee to Re-elect the President, Charles Colson

Timeline Tags: Nixon and Watergate

White House secretary Kathleen Chenow (see June 28-July 3, 1972) confirms the existence of the “Plumbers,” the extralegal operation tasked with finding and closing media leaks (see Late June-July 1971). According to Chenow, the unit is made up of White House and Nixon campaign aides David Young, G. Gordon Liddy, E. Howard Hunt, and Egil Krogh. [O.T. Jacobson, 7/5/1974 pdf file] Chenow says that Nixon’s senior aide John Ehrlichman supervised the activities of the unit. She explains: “Originally the administration had wanted a study of how close the New York Times version of the Pentagon Papers (see March 1971) was to the actual documents. Then they tried to determine how the Pentagon Papers got out. That started it all, the business of looking for leaks. For a while, they were studying State Department leaks. They checked embassy cables and tried to put two and two together about whose desks the cables went across.” The “Plumbers” also investigated reporter Jack Anderson. Chenow says that when she was interviewed by the FBI in April, Young, White House counsel John Dean, and Dean’s aide Fred Fielding were present. She adds that when she subsequently testified before the Watergate grand jury, she was puzzled that prosecutor Earl Silbert never asked her about Ehrlichman. [Bernstein and Woodward, 1974, pp. 215-217]

Entity Tags: Jack Anderson, Earl Silbert, E. Howard Hunt, David Young, Egil Krogh, G. Gordon Liddy, John Dean, John Ehrlichman, Fred F. Fielding, Kathleen Chenow

Timeline Tags: Nixon and Watergate

CIA Counterintelligence Director James Angleton.CIA Counterintelligence Director James Angleton. [Source: CI Centre.com]CIA Director James Schlesinger orders an internal review of CIA surveillance operations against US citizens. The review finds dozens of instances of illegal CIA surveillance operations against US citizens dating back to the 1950s, including break-ins, wiretaps, and the surreptitious opening of personal mail. The earlier surveillance operations were not directly targeted at US citizens, but against “suspected foreign intelligence agents operating in the United States.” Schlesinger is disturbed to find that the CIA is currently mounting illegal surveillance operations against antiwar protesters, civil rights organizations, and political “enemies” of the Nixon administration. In the 1960s and early 1970s, CIA agents photographed participants in antiwar rallies and other demonstrations. The CIA also created a network of informants who were tasked to penetrate antiwar and civil rights groups and report back on their findings. At least one antiwar Congressman was placed under surveillance, and other members of Congress were included in the agency’s dossier of “dissident Americans.” As yet, neither Schlesinger nor his successor, current CIA Director William Colby, will be able to learn whether or not Schlesinger’s predecessor, Richard Helms, was asked by Nixon officials to perform such illegal surveillance, though both Schlesinger and Colby disapproved of the operations once they learned of them. Colby will privately inform the heads of the House and Senate Intelligence Committees of the domestic spying engaged in by his agency. The domestic spying program was headed by James Angleton, who is still serving as the CIA’s head of counterintelligence operations, one of the most powerful and secretive bureaus inside the agency. It is Angleton’s job to maintain the CIA’s “sources and methods of intelligence,” including the prevention of foreign “moles” from penetrating the CIA. But to use counterintelligence as a justification for the domestic spying program is wrong, several sources with first-hand knowledge of the program will say in 1974. “Look, that’s how it started,” says one. “They were looking for evidence of foreign involvement in the antiwar movement. But that’s not how it ended up. This just grew and mushroomed internally.” The source continues, speaking hypothetically: “Maybe they began with a check on [Jane] Fonda. They began to check on her friends. They’d see her at an antiwar rally and take photographs. I think this was going on even before the Huston plan” (see July 26-27, 1970 and December 21, 1974). “This wasn’t a series of isolated events. It was highly coordinated. People were targeted, information was collected on them, and it was all put on [computer] tape, just like the agency does with information about KGB agents. Every one of these acts was blatantly illegal.” Schlesinger begins a round of reforms in the CIA, a program continued by Colby. [New York Times, 12/22/1974 pdf file]

Entity Tags: William Colby, Senate Intelligence Committee, Richard Helms, James Angleton, Jane Fonda, Nixon administration, Central Intelligence Agency, James R. Schlesinger, House Intelligence Committee

Timeline Tags: Civil Liberties

US District Court Judge W. M. Byrne, Jr dismisses all charges against “Pentagon Papers” leaker Daniel Ellsberg (see March 1971) and Ellsberg’s co-defendant, Anthony Russo. [New York Times, 5/11/1973] Byrne was shocked to learn that Watergate burglars G. Gordon Liddy and E. Howard Hunt had supervised the burglary of the office of Ellsberg’s psychiatrist (see September 9, 1971). The source of the information was probably White House counsel John Dean. [Bernstein and Woodward, 1974, pp. 307] Initially, government prosecutors had insisted that Ellsberg had never been wiretapped, but FBI director William Ruckelshaus found that Ellsberg had indeed been recorded, during a conversation with former Kissinger aide Morton Halperin, who had been wiretapped (see June 19, 1972). Ruckelshaus tells the court that Halperin had been monitored for 21 months. It is the first public acknowledgement that the Nixon administration had used wiretaps against its political enemies (see June 27, 1973). Additionally, the government had broken the law when it failed to disclose the wiretap to Ellsberg’s defense lawyers. [Bernstein and Woodward, 1974, pp. 313] Byrne cites “improper government conduct shielded so long from public view” and an array of governmental misconduct in dismissing the charges. “The conduct of the government has placed the case in such a posture that it precludes the fair, dispassionate resolution of these issues by a jury,” Byrne rules. Ellsberg and Russo were charged with theft, conspiracy, and fraud in the case. The government’s actions in attempting to prosecute Ellsberg and Russo “offended a sense of justice,” he says. One of the governmental actions that Byrne decries was the wiretapping of Ellsberg’s telephone conversations by the FBI in 1969 and 1970, and the subsequent destruction of the tapes and surveillance logs of those conversations. Byrne is also disturbed by the burglary of the offices of Ellsberg’s psychiatrist by government agents (see June 30-July 1, 1971 and September 9, 1971), and the apparent involvement of the FBI and the CIA in the prosecution of the case at the “request of the White House.” Referring to the burglary, Byrne says, “We may have been given only a glimpse of what this special unit did.” After the trial, Ellsberg is asked if he would disclose the Pentagon documents again, and he replies, “I would do it tomorrow, if I could do it.” [New York Times, 5/11/1973]

Entity Tags: Nixon administration, Central Intelligence Agency, Anthony Russo, Daniel Ellsberg, Morton H. Halperin, W. M. Byrne, Jr, US Department of Defense, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Issuetsdeah

Timeline Tags: Civil Liberties, Nixon and Watergate

August 16, 1972 front page of the Washington Post, reporting on Nixon’s address.August 16, 1972 front page of the Washington Post, reporting on Nixon’s address. [Source: Southern Methodist University]President Nixon delivers his second prime-time televised speech about Watergate to the nation. He says that both the Senate investigations have focused more on trying to “implicate the president personally in the illegal activities that took place,” and reminds listeners that he has already taken “full responsibility” for the “abuses [that] occurred during my administration” (see April 30, 1973). But in light of the increasing evidence being revealed about the Watergate conspiracy, Nixon’s speech is later proven to be a compilation of lies, half-truths, justifications, and evasions.
'No Prior Knowledge' - He again insists that “I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent cover-up activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.” He says that in all the Senate testimony, “there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in.” He says only one witness has challenged his statement under oath, referring to former White House counsel John Dean (see April 6-20, 1973) and June 25-29, 1973), and says Dean’s “testimony has been contradicted by every other witness in a position to know the facts.” Instead, says Nixon, he insisted from the outset that the investigation into the Watergate burglary be “thorough and aboveboard,” and if there were any evidence of “higher involvement, we should get the facts out first.” A cover-up would be unconscionable, he says. He again insists that he was told in September 1972 that an FBI investigation, “the most extensive investigation since the assassination of President Kennedy… had established that only those seven (see June 17, 1972) were involved.” Throughout, Nixon says, he relied on the reports of his staff members, Justice Department, and FBI officials, who consistently reassured him that there was no involvement by anyone in the White House in the burglaries. “Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a cover-up. I was convinced there was no cover-up, because I was convinced that no one had anything to cover up.”
Internal Investigation - He didn’t realize that those assurances were wrong until March 21, when he “received new information from [Dean] that led me to conclude that the reports I had been getting for over nine months were not true.” He immediately launched an internal investigation (see August 29, 1972), initially relying on Dean to conduct the investigation, then turning the task over to his senior aide, John Ehrlichman, and to the Attorney General, Richard Kleindienst. The results prompted him to give the case to the Criminal Division of the Justice Department, ordering the complete cooperation of “all members of the administration.” He never tried to hide the facts, Nixon asserts, but instead has consistently tried “to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.”
Refusal to Turn over Tapes; 'Privileged' Communications - Nixon says he is resisting subpoenas to turn over the secret recordings he has had made of White House and other conversations (see July 13-16, 1973) because of “a much more important principle… than what the tapes might prove about Watergate.” A president must be able to talk “openly and candidly with his advisers about issues and individuals” without having those conversations ever made public. These are “privileged” conversations, he says, similar to those between a lawyer and his client or “a priest and a penitent.” The conversations between a president and his advisers, Nixon says, are “even more important.” The conversations on those tapes are “blunt and candid,” made without thought to any future public disclosure, and for future presidents and their advisers to know that their conversations and advice might one day be made public would cripple their ability to talk freely and offer unfettered opinions. “That is why I shall continue to oppose efforts which would set a precedent that would cripple all future presidents by inhibiting conversations between them and those they look to for advice,” he says. “This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle.”
'Hard and Tough' Politics - Watergate has come to encompass more than just a burglary, Nixon says, but has brought up issues of partisan politics, “enemy lists” (see June 27, 1973), and even threats to national security. Nixon has always run “hard and tough” political campaigns, but has never stepped outside the law and “the limits of decency” in doing so. “To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them,” he says. The “few overzealous people” involved in the Watergate burglary should not reflect on his administration or the political process as a whole. He will “ensure that one of the results of Watergate is a new level of political decency and integrity in America—in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.”
Legal Wiretapping to Protect the Nation - The measures he has taken to protect the security of the nation have all been within the law and with the intention of protecting the government from possible subversion and even overthrow, he asserts. The wiretaps he authorized had been legal, he says, until the 1972 decision by the Supreme Court that rejected such wiretaps as unlawful (see June 19, 1972). Until then, Nixon says, he—like his predecessors—had implemented such wiretaps “to protect the national security in the public interest.” Since the Supreme Court decision, he says, he has stopped all such surveillance efforts. But the law must be mindful of “tying the president’s hands in a way that would risk sacrificing our security, and with it all our liberties.” He will continue to “protect the security of this nation… by constitutional means, in ways that will not threaten [American] freedom.”
The Fault of the Radicals - He blames the antiwar and civil rights movements of the 1960s as encouraging “individuals and groups… to take the law into their own hands,” often with the praise and support from the media and even from “some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.” In the wake of this radical, anti-government atmosphere, the country was plagued by “a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.” That attitude permeated political campaigns, to the extent that “some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system… who mistakenly thought their cause justified their violations of the law.”
Looking Forward - It is time to put Watergate behind us, Nixon says, to abandon this “continued, backward-looking obsession with Watergate” and stop “neglect[ing] matters of far greater importance to all of the American people.… The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our nation.” [White House, 8/15/1973; White House, 8/15/1973; White House, 8/15/1973; AMDOCS Documents for the Study of American History, 6/1993; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: US Department of Justice, US Supreme Court, John Dean, Richard Kleindienst, Richard M. Nixon, Federal Bureau of Investigation, John Ehrlichman, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

In the aftermath of the Watergate scandal (see August 8, 1974), amendments to the Federal Election Campaign Act (FECA—see February 7, 1972) provide the option for full public financing for presidential general elections, matching funds for presidential primaries, and public expenditures for presidential nominating conventions. The amendments also set spending limits on presidential primaries and general elections as well as for House and Senate primaries. The amendments give some enforcement provisions to previously enacted spending limits on House and Senate general elections. They set strict spending guidelines: for presidential campaigns, each candidate is limited to $10 million for primaries, $20 million for general elections, and $2 million for nominating conventions; Senatorial candidates are limited to $100,000 or eight cents per eligible voter, whichever is higher, for primaries, and higher limits of $150,000 or 12 cents per voter for general elections; House candidates are limited to $70,000 each for primaries and general elections. Loans are treated as contributions. The amendments create an individual contribution limit of $1,000 to a candidate per election and a PAC (political action committee) contribution limit of $5,000 to a candidate per election (this provision will trigger what the Center for Responsive Politics will call a “PAC boom” in the late 1970s). The total aggregate contributions from an individual are set at $25,000 per year. Candidates face further restrictions on how much personal wealth they can contribute to their own campaign. The 1940 ban on contributions from government employees and contract workers (see 1940) is repealed, as are the 1971 limitations on media spending. Perhaps most importantly, the amendments create the Federal Election Commission (FEC) to oversee and administer campaign law. (Before, enforcement and oversight responsibilities were spread among the Clerk of the House, the Secretary of the Senate, and the Comptroller General of the United States General Accounting Office (GAO), with the Justice Department responsible for prosecuting violators (see 1967).) The FEC is led by a board of six commissioners, with Congress appointing four of those commissioners and the president appointing two more. The Secretary of the Senate and the Clerk of the House are designated nonvoting, exofficio commissioners. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file] Part of the impetus behind the law is the public outrage over the revelations of how disgraced ex-President Nixon’s re-election campaign was funded, with millions of dollars in secret, illegal corporate contributions being funneled into the Nixon campaign. [Campaign Finance Timeline, 1999; Connecticut Network, 2006 pdf file]

Entity Tags: Center for Responsive Politics, Federal Election Campaign Act of 1972, Federal Election Commission, US Department of Justice

Timeline Tags: Civil Liberties

Alexander Haig.Alexander Haig. [Source: Brooks Institute]President Richard Nixon`s chief of staff Alexander Haig pays an urgent call on Vice President Gerald Ford to discuss the terms under which Nixon will resign (see August 8, 1974). Haig gives Ford a handwritten list of what White House counsel Fred Buzhardt, the author of the list, calls “permutations for the option of resignation.” The idea is for Nixon to agree to resign in return for Ford’s agreement to pardon Nixon for any crimes Nixon may have committed while president. Ford listens to Haig but does not agree to any terms. The next day, after learning of the meeting, Ford’s own counsel, Robert Hartmann, is outraged that Ford did not just throw Haig out of his office. With fellow counsel John Marsh, Hartmann demands that Ford call Haig and state unequivocally, for the record, and in front of witnesses that Ford has made no such agreements. Haig considers Hartmann essentially incompetent, and Hartmann views Haig as a power-hungry “assh_le.” The subsequent tensions between Haig, one of the Nixon holdovers in Ford’s presidency, and Ford’s staff will shape future events in the Ford administration. In part to counteract Haig’s influence, Ford will name former NATO ambassador and Nixon aide Donald Rumsfeld as the head of his transition team. Rumsfeld will in turn name former Wyoming congressman and current investment executive Dick Cheney as his deputy; Cheney has lectured his clients that Watergate was never a criminal conspiracy, but merely a power struggle between the White House and Congress. [Werth, 2006, pp. 20]

Entity Tags: Richard M. Nixon, Robert Hartmann, Fred Buzhardt, Alexander M. Haig, Jr., Donald Rumsfeld, Richard (“Dick”) Cheney, John Marsh, Gerald Rudolph Ford, Jr

Timeline Tags: Nixon and Watergate

Nixon chief of staff Alexander Haig has Watergate special prosecutor Leon Jaworski to lunch at Haig’s home. Haig wants to personally inform Jaworski that President Nixon will resign (see August 8, 1974), that Nixon’s papers, and the secret recordings he made while president, will be shipped to his California home, and that Jaworski will have access to those documents as needed. “There’s no hanky-panky involved,” Haig assures Jaworski, but then says: “I don’t mind telling you that I haven’t the slightest doubt that the tapes were screwed with. The ones with the gaps and other problems.” [Werth, 2006, pp. 31]

Entity Tags: Richard M. Nixon, Alexander M. Haig, Jr., Leon Jaworski

Timeline Tags: Nixon and Watergate

August 8, 1974: Nixon Resigns Presidency

Richard Nixon announcing his resignation to the country.Richard Nixon announcing his resignation to the country. [Source: American Rhetoric.com]President Richard Nixon, forced to resign because of the Watergate scandal, begins his last day in office. The morning is marked by “burn sessions” in several rooms of the White House, where aides burn what author Barry Werth calls “potentially troublesome documents” in fireplaces. Nixon’s chief of staff, Alexander Haig, is preparing for the transition in his office, which is overflowing with plastic bags full of shredded documents. Haig says all of the documents are duplicates. Haig presents Nixon with a one-line letter of resignation—“I hereby resign the office of president of the United States”—and Nixon signs it without comment. Haig later describes Nixon as “haggard and ashen,” and recalls, “Nothing of a personal nature was said… By now, there was not much that could be said that we did not already understand.” Nixon gives his resignation speech at 9 p.m. [White House, 8/8/1974; White House, 8/8/1974; American Rhetoric, 2001; Werth, 2006, pp. 3-8] On August 7, Haig told Watergate special prosecutor Leon Jaworski that Congress would certainly pass a resolution halting any legal actions against Nixon. But, watching Nixon’s televised resignation speech, Jaworski thinks, “Not after that speech, Al.” Nixon refuses to accept any responsibility for any of the myriad crimes and illicit actions surrounding Watergate, and merely admits to some “wrong” judgments. Without some expression of remorse and acceptance of responsibility, Jaworski doubts that Congress will do anything to halt any criminal actions against Nixon. [Werth, 2006, pp. 30-31] Instead of accepting responsibility, Nixon tells the nation that he must resign because he no longer has enough support in Congress to remain in office. To leave office before the end of his term “is abhorrent to every instinct in my body,” he says, but “as president, I must put the interests of America first.” Jaworski makes a statement after the resignation speech, declaring that “there has been no agreement or understanding of any sort between the president or his representatives and the special prosecutor relating in any way to the president’s resignation.” Jaworski says that his office “was not asked for any such agreement or understanding and offered none.” [Washington Post, 8/9/1974]

Entity Tags: Nixon administration, Leon Jaworski, Richard M. Nixon, Alexander M. Haig, Jr., Barry Werth

Timeline Tags: Nixon and Watergate

Gerald Ford takes the oath of office.Gerald Ford takes the oath of office. [Source: Gerald R. Ford Presidential Library]Vice President Gerald Ford prepares to take over the presidency from the resigning Richard Nixon (see August 8, 1974). Ford’s transition team suggests that, in line with Ford’s own views, Ford not appoint a chief of staff at this time. “However,” says the team’s memo, “there should be someone who could rapidly and efficiently organize the new staff organization, but who will not be perceived or eager to be chief of staff.” Ford writes “Rumsfeld” in the margin of the memo. Donald Rumsfeld is a former Navy pilot and Nixon aide. Rumsfeld has been the US ambassador to NATO and, thusly, was out of Washington and untainted by Watergate. Rumsfeld harbors presidential ambitions of his own and has little use for a staff position, even such a powerful position as a president’s chief of staff. [Werth, 2006, pp. 7-8] Rumsfeld believes that Ford’s first task is to establish a “legitimate government” as far from the taint of Watergate as possible—a difficult task considering Ford is retaining Secretary of State Henry Kissinger and the rest of the Nixon cabinet, Haig, and virtually the entire White House staff, although plans are for Haig and most of the White House staff to gracefully exit in a month. [Werth, 2006, pp. 21] Shortly after noon, Ford takes the oath of office for the presidency, becoming the first president in US history to enter the White House as an appointed, rather than an elected, official. Ford tells the nation: “My fellow Americans, our long national nightmare is over.… I assume the presidency under extraordinary circumstances.… This is an hour of history that troubles our minds and hurts our hearts.” [Politico, 8/9/2007]

Entity Tags: Henry A. Kissinger, Gerald Rudolph Ford, Jr, North Atlantic Treaty Organization, Alexander M. Haig, Jr., Donald Rumsfeld, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Nelson Rockefeller is sworn in as vice president (see August 20, 1974). [Rockefeller Family Archives, 6/7/2007]
Bad Blood and Confirmation Difficulties - Rockefeller has trouble even before taking office. Branded as a liberal by many in the Republican Party, and winning as many enemies as friends with his outsized ego and gladhanding demeanor, Rockefeller garnered swift and obdurate resistance particularly from the right wing both outside the White House (see August 24, 1974) and in (see September 21, 1974 and After). During the Senate’s confirmation hearings, many Democrats and some Republicans relished forcing Rockefeller, one of the wealthiest men in the country, to open his finances to public scrutiny. Even President Ford privately expresses his astonishment. “Can you imagine?” he asked during the hearings. “Nelson lost $30 million in one year and it didn’t make any difference.” When it was revealed that Rockefeller had given huge personal contributions to lawmakers and government officials—including Secretary of State Henry Kissinger—in the form of “loans” that never needed repaying, the Senate hearings became even more inquisitorial. The hearings dragged on for months until Ford personally intervened, telling House and Senate leaders that it was “in the national interest that you confirm Rockefeller, and I’m asking you to move as soon as possible.” [US Senate, 7/7/2007]
Cheney Wanted Reagan - Deputy Chief of Staff Dick Cheney, far more conservative than either Ford or Rockefeller, opposes Rockefeller’s influence from the start, and works with his boss, Chief of Staff Donald Rumsfeld, to minimize Rockefeller’s influence. In 1986, Cheney will say that Ford “should have thought of Ronald Reagan as vice president in the summer of 1974, if you are talking strictly in political terms.” [Dubose and Bernstein, 2006, pp. 38]
Domestic Squabbles - Both Ford and Rockefeller want the new vice president to be what Ford calls “a full partner” in his administration, particularly on domestic issues. Ford appoints him to chair the Domestic Council, but behind the scenes, Rockefeller’s implacable enemy, Rumsfeld, who sees Rockefeller as a “New Deal” economic liberal, blocks his influence at every term, both from personal and ideological dislike and from a desire to keep power in the White House to himself and his small, close-knit aides. (Cheney, ever attentive to indirect manipulations, inflames Rumsfeld’s dislike of Rockefeller even further by suggesting to his nakedly ambitious boss that if Rockefeller was too successful in implementing domestic policy, he would be perceived as “the man responsible for drafting the agenda of 1976,” thus limiting Rumsfeld’s chances of being named vice president in Ford’s re-election campaign (see November 4, 1975 and After). When Rockefeller tries to implement Ford’s suggested policy that domestic policymakers report to Ford through Rockefeller, Rumsfeld interferes. When Rockefeller names one of his trusted assistants, James Cannon, to head the Domestic Council, Rumsfeld slashes the Council’s budget almost to zero. When Rockefeller proposes a $100 billion Energy Independence Authority, with the aim to reduce and perhaps even end the nation’s dependency on foreign energy sources, Rumsfeld joins Ford’s economic and environmental advisers to block its creation. When Rockefeller proposes an idea for the president to Rumsfeld, Rumsfeld hands it off to Cheney, who ensures that it dies a quiet, untraceable bureaucratic death.
Rockefeller Neutralized - Cheney later recalls that Rockefeller “came to a point where he was absolutely convinced that Don Rumsfeld and myself were out to scuttle whatever new initiatives he could come up with.” Rumsfeld and other Ford staffers ensure that Rockefeller is not involved in key policy meetings; when Ford proposes large cuts in federal taxes and spending, Rockefeller complains, “This is the most important move the president has made, and I wasn’t even consulted.” Asked what he is allowed to do as vice president, Rockefeller answers: “I go to funerals. I go to earthquakes.” He says, only half sardonically, that redesigning the vice-presidential seal is “the most important thing I’ve done.” [Dubose and Bernstein, 2006, pp. 38-39; US Senate, 7/7/2007]
Following in Rockefeller's Footsteps - Ironically, when Cheney becomes vice president in 2001, he uses what Rockefeller intended to do as a model for his own, extremely powerful vice presidency. James Cannon, who came into the Ford administration with Rockefeller, will marvel in 2006, “Cheney is now doing what he and Rumsfeld blocked Rockefeller from doing—influencing policy.” [Dubose and Bernstein, 2006, pp. 39-40]

Entity Tags: Ronald Reagan, Nelson Rockefeller, Richard (“Dick”) Cheney, Ford administration, Donald Rumsfeld, Gerald Rudolph Ford, Jr, Henry A. Kissinger, James Cannon

Timeline Tags: Nixon and Watergate

1974 New York Times headline.1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 pdf file]

Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom

Timeline Tags: Civil Liberties, Nixon and Watergate

Vice President Nelson Rockefeller (see December 19, 1974 and After) is instrumental in keeping Senate Democrats from finding out too much about the intelligence community’s excesses. When the New York Times reveals the existence of a decades-old illegal domestic surveillance program run by the CIA (see December 21, 1974), President Ford heads off calls from Democrats to investigate the program by appointing the “Rockefeller Commission” to investigate in the Democrats’ stead. Senate Democrats, unimpressed with the idea, create the Church Committee to investigate the intelligence community (see April, 1976). Rockefeller is adept at keeping critical documents out of the hands of the Church Committee and the press. When Senator Frank Church asks for materials from the White House, he is told that the Rockefeller Commission has them; when he asks Rockefeller for the papers, he is told that he cannot have them because only the president can authorize access. One Church aide later calls Rockefeller “absolutely brilliant” in denying them access in a friendly manner. “He winked and smiled and said, ‘Gee, I want to help you but, of course I can’t—not until we’ve finished our work and the president approves it,’” the aide recalls. Senator John Tower (R-TX), the vice chairman of the committee, will later reflect, “We were very skillfully finessed.” But even Rockefeller, who has his own history of involvement with the CIA, is taken aback at the excesses of the CIA, particularly its history of assassinating foreign leaders. Rockefeller will eventually turn that information over to the Church Committee, giving that body some of the most explosive evidence as yet made public against the agency. [US Senate, 7/7/2007]

Entity Tags: John Tower, Church Committee, Nelson Rockefeller, Central Intelligence Agency, Frank Church, Gerald Rudolph Ford, Jr, ’Rockefeller Commission’

Timeline Tags: Nixon and Watergate

Former inhabitants of the Chagos Islands deliver a formal petition to the British embassy, asking Britain to see that the Mauritanian government provides them with plots of land, a house for each family, and jobs. The Chagossians, who were evicted from their homes by the British a few years before (see July 27, 1971-May 26, 1973), say that absent this help, they would prefer being allowed to return to the islands. Copies of the petition are delivered to the American embassy, Mauritian Prime Minister Seewoosagur Ramgoolam, and several opposition leaders of the Mauritian government. [Washington Post, 9/9/1975]

Entity Tags: Seewoosagur Ramgoolam, Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

US military officials tell Congress that the US needs to develop naval support facilities on the island of Diego Garcia. The Pentagon wants to lengthen the runway at Diego Garcia from 8,000 to 12,000 feet, increase the available petroleum, oils, and lubricants storage, and dredge its harbor. It would also like to build additional barracks, a pier to facilitate cargo handling, as well as additional utility and recreational facilities. The officials argue that expanding the base at Diego Garcia is needed to safeguard US oil interests in the Persian Gulf and to counter the Soviet Union’s presence in the region, which the military claims is increasing rapidly. They attempt to allay Congress’ concerns that expanding the base would provoke competition in that region with the Soviet Union. At one point during the hearing, George Vest, Director of the Bureau of Politico-Military Affairs of the Department of State, says the island is “uninhabited,” making no reference to the fact that it had been made so by the US and British only a few years before (see July 27, 1971-May 26, 1973). When further questioned on the subject, Vest repeats that there are “no inhabitants” at all on the island. [US Congress, 6/5/1975; Los Angeles Times, 11/4/2000]

Entity Tags: US Department of Defense, George Vest, US Congress

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The Washington Post is the first Western newspaper to report about the forced relocation of the inhabitants of the Chagos Islands. US officials had previously claimed that the island of Diego Garcia was “uninhabited,” (see June 5, 1975) and (see March 6, 1975) conveniently ignoring the fact that the island had been depopulated by Britain and the US (see July 27, 1971-May 26, 1973). [Washington Post, 9/9/1975; Washington Post, 9/11/1975]

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

A congressional subcommittee of the Committee on International Relations holds a hearing on the circumstances surrounding the establishment of the US military facility at Diego Garcia island. The hearing focuses on the forced eviction of the archipelago’s inhabitants (see July 27, 1971-May 26, 1973).
Testimony of George T. Churchill - In his statement to Congress, George T. Churchill, director of International Security Operations at the Department of State, attempts to defend the State Department and Pentagon from accusations that they misled Congress about the inhabitants of Diego Garcia. He asserts that the island’s population had consisted mainly of “contract laborers and their families whose livelihood depended on the coconut plantations and whose ties to the island were tenuous.” Their settlements, he says, “appear to have been something more than work camps but considerably less than free indigenous communities.” Churchill argues that resettlement was necessary because the islanders would not have had work once the plantations were replaced by US military facilities. When it was time to go, he claims, the residents “went willingly.” He also contends that he could find no evidence in government files that there was a “lack of concern for the inhabitants of the Chagos Islands.” He admits that his report is based entirely on US and British sources and that no attempt was made to interview the former inhabitants or request information from the Mauritius government—despite his acknowledgment that on many issues, there “simply wasn’t enough data.” Churchill argues that it was Britain’s responsibility to see to the islanders’ welfare after resettlement and denies that the US has any obligation—moral or legal—to the islanders, even though their eviction had been a condition of the US’ 1966 agreement (see December 30, 1966) with Britain to use the island. [US Congress, 11/4/1975]
Testimony of Commander Gary Sick - Pentagon official Gary Sick addresses accusations that the military has misled Congress about Diego Garcia’s population. In his testimony he cites instances where passing references were made about the islands’ population, including a 1964 Washington Post article mentioning the possibility that an “indigenous population” might exist on the island; a 1969-1979 Pentagon spending proposal which referred to the islanders as “rotating contract personnel engaged in harvesting copra”; and a 1970 congressional hearing in which it was stated that the “British [had] gone a little farther about removing the population from there now.” [US Congress, 11/4/1975]

Entity Tags: Gary G. Sick, US Congress, George T. Churchill

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The Senate Select Committee to Study Governmental Operations releases its report, “Alleged Assassination Plots Involving Foreign Leaders,” which finds “concrete evidence of at least eight plots involving the CIA to assassinate Fidel Castro from 1960 to 1965.” [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

Publicity photo for the Frost/Nixon interviews.Publicity photo for the Frost/Nixon interviews. [Source: London Times]British interviewer and entertainer David Frost makes a deal with former President Richard Nixon to undertake 24 hours of interviews on a wide range of topics, with six hours each on foreign policy, domestic affairs, Watergate, and a loosely defined “Nixon the Man” interview. Frost intends that the centerpiece of the interviews to be the Watergate session. Nixon agrees to a free, unfettered set of interviews in return for over a million dollars in appearance fees. [Reston, 2007, pp. 13-17] (Other sources say that Nixon will be paid $600,000 plus 20% of the profits from the broadcast, which are expected to top $2 million.)
Frost Seen as Unlikely Interviewer - There is also considerable skepticism about the choice of Frost as an interviewer; he is better known as a high-living entertainer who likes to hobnob with celebrities rather than as a tough interrogator. His primary experience with politics is his hosting of the BBC’s celebrated 1960s satirical show That Was the Week That Was. Frost outbid NBC for the rights to interview Nixon, and after all three American television networks refuse to air the shows, Frost has to cobble together an ad hoc group of about 140 television stations to broadcast the interviews. Frost will recall in 2007, “We were told, ‘Half the companies you’re approaching would never have anything to do with Nixon when he was president, and the other half are trying to make people forget that they did.’” [Time, 5/9/1977; Washington Post, 4/30/2007] Interestingly, when the Nixon team began negotiating for the interviews in July 1975, they made a point of not wanting any “real” investigative journalists to conduct the interviews—in fact, they considered offering the interviews to American television talk show host Merv Griffin. [Time, 5/9/1977] The interviews are to be done in segments, three sessions a week, on Mondays, Wednesdays, and Fridays, for two weeks in the spring of 1977. [National Public Radio, 6/17/2002]
Nixon Team Wants Focus Away from Watergate - While Nixon agrees that six hours of interviews will be on the topic of Watergate, his team wants to define “Watergate” as almost anything and everything negative about the Nixon presidency—not just the burglary and the cover-up, but abuses of power at the IRS, CIA, and FBI, Nixon’s tax problems, the Ellsberg break-in (see September 9, 1971), disputed real estate sales, the sale of ambassadorships (see March-April 1972), the enemies list (see June 27, 1973), and the Huston Plan (see July 14, 1970). The hope is that Frost’s focus will become diluted and fail to focus on the Watergate conspiracy itself. The hope will not be fulfilled (see April 13-15, 1977).
Frost's Investigative Team - Frost begins hiring a team of investigators and experts to prepare him for the interviews, including author and journalist James Reston Jr. [Time, 5/9/1977] , a self-described “radical” who had worked to win amnesty for US citizens who had avoided the draft, and views Nixon as a contemptible figure who, despite his resignation (see August 8, 1974), remains “uncontrite and unconvicted.” [Chicago Sun-Times, 7/22/2007] Other members of Frost’s research team are Washington journalist and lawyer Robert Zelnick, freelance writer Phil Stanford, and London TV news executive John Birt, who will produce the interviews. Zelnick will play Nixon in the briefing sessions, going so far as mimicking Nixon’s mannerisms and hand gestures. For his part, Nixon had almost completed his own meticulous research of his presidency for his upcoming memoirs, and is quite conversant with his facts and defense strategies. Nixon’s team of aides includes his former White House military aide Colonel Jack Brennan, chief researcher Ken Khachigian, former speechwriter Ray Price, former press assistant (and future television reporter) Diane Sawyer, and former aide Richard Moore. [Time, 5/9/1977]
Nixon's Perceived 'Sweetheart Deal' - In his 2007 book on the interviews, The Conviction of Richard Nixon (written largely in 1977 but unpublished for thirty years), Reston will write that Nixon surely “saw the enterprise as a sweetheart deal. He stood to make a lot of money and to rehabilitate his reputation.” Nixon harbors hopes that he can make a political comeback of one sort or another, and apparently intends to use Frost—best known for conducting “softball” interviews with celebrities and world leaders alike—as his “springboard” to re-enter public service. But, as Reston later observes, Nixon will underestimate the researchers’ efforts, and Frost’s own skill as a television interviewer. [Reston, 2007, pp. 13-17, 84] Time will describe Nixon in the interviews as “painful and poignant, sometimes illuminating, usually self-serving.” [Time, 5/9/1977]

Entity Tags: NBC, Phil Stanford, Merv Griffin, Richard Moore, Ray Price, Ken Khachigian, James Reston, Jr, Richard M. Nixon, John Birt, David Frost, Jack Brennan, Robert Zelnick, Diane Sawyer

Timeline Tags: Nixon and Watergate

Representative Otis Pike.Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]

Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News

Timeline Tags: Civil Liberties

President Ford issues Executive Order 11905, which limits the power of the CIA, the NSA, and military intelligence to engage in surveillance of US citizens. Perhaps its most well-known provision is a total ban on “political assassinations” by US government personnel. [Gerald R. Ford, 2/18/1976; Roberts, 2008, pp. 38] The provision is sparked by the Church Commission’s finding (see April, 1976) that assassination is “unacceptable in our society,” and a political embarassment, especially botched attempts such as the CIA’s efforts to kill Cuba’s Fidel Castro. [Grant J. Lilly, 4/6/2006]

Entity Tags: Church Commission, Gerald Rudolph Ford, Jr, National Security Agency, Central Intelligence Agency

Timeline Tags: Civil Liberties

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]

Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission

Timeline Tags: Civil Liberties

The scheduled interviews between former President Richard Nixon and British interviewer David Frost (see Early 1976) are postponed until March 1977, due to Nixon’s wife, Pat, being hospitalized with a stroke. In return for the delay, Nixon agrees to five programs devoted to the interviews instead of the originally agreed-upon four. Further, Nixon agrees to talk frankly about Watergate; previously, he had balked at discussing it because of ongoing prosecutions related to the conspiracy. Frost wants the shows to air in the spring of 1977 rather than the summer, when audiences will be smaller; Nixon jokes in reply, “Well, we got one hell of an audience on August 9, 1974” (see August 8, 1974). Nixon welcomes the extra time needed to prepare for the interviews. [Reston, 2007, pp. 53]

Entity Tags: David Frost, Richard M. Nixon, Pat Nixon

Timeline Tags: Nixon and Watergate

The Mauritius government disperses the £650,000, received by the British in 1973 (see July 27, 1971-May 26, 1973), to 595 Chagossians families. Since 1973, inflation has significantly reduced the value of the resettlement sum. [British Royal Courts of Justice, 10/9/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Time magazine cover from May 9, 1977 touting the Frost/Nixon interviews.Time magazine cover from May 9, 1977 touting the Frost/Nixon interviews. [Source: Time]Former President Richard Nixon meets with his interviewer, David Frost, for the first of several lengthy interviews (see Early 1976). The interviews take place in a private residence in Monarch Bay, California, close to Nixon’s home in San Clemente. One of Frost’s researchers, author James Reston Jr., is worried that Frost is not prepared enough for the interview. The interview is, in Reston’s words, a rather “free-form exercise in bitterness and schmaltz.”
Blaming Associates, Justifying Actions, Telling Lies - Nixon blames then-chief of staff H. R. Haldeman for not destroying the infamous White House tapes (see July 13-16, 1973), recalls weeping with then-Secretary of State Henry Kissinger over his resignation, and blames his defense counsel for letting him down during his impeachment hearings (see February 6, 1974). His famously crude language is no worse than the barracks-room speech of former President Dwight D. Eisenhower, he asserts. Frost shows a film of Nixon’s farewell address to the nation (see August 8, 1974), and observes that Nixon must have seen this film many times. Never, Nixon says, and goes on to claim that he has never listened to or watched any of his speeches, and furthermore had never even practiced any of his speeches before delivering them. It is an astonishing claim from a modern politician, one of what Nixon biographer Fawn Brodie calls “Unnecessary Nixon Lies.” [Reston, 2007, pp. 81-91] (In a 1974 article for Harper’s, Geoffrey Stokes wrote that, according to analysis of transcripts of Nixon’s infamous Watergate tape recordings by a Cornell University professor, Nixon spent nearly a third of his time practicing both private and public statements, speeches, and even casual conversations.) [Harper's, 10/1974]
Nixon Too Slippery for Frost? - During the viewing of the tape, Nixon’s commentary reveals what Reston calls Nixon’s “vanity and insecurity, the preoccupation with appearance within a denial of it.” After the viewing, Nixon artfully dodges Frost’s attempt to pin him down on how history will remember him, listing a raft of foreign and domestic achievements and barely mentioning the crimes committed by his administration. “What history will say about this administration will depend on who writes the history,” he says, and recalls British prime minister Winston Churchill’s assertion that history would “treat him well… [b]ecause I intend to write it.”
Reactions - The reactions of the Frost team to the first interview are mixed. Reston is pleased, feeling that Nixon made some telling personal observations and recollections, but others worried that Frost’s soft questioning had allowed Nixon to dominate the session and either evade or filibuster the tougher questions. Frost must assert control of the interviews, team members assert, must learn to cut Nixon off before he can waste time with a pointless anecdote. Frost must rein in Nixon when he goes off on a tangent. As Reston writes, “The solution was to keep the subject close to the nub of fact, leaving him no room for diversion or maneuver.” [Reston, 2007, pp. 81-91]

Entity Tags: Geoffrey Stokes, David Frost, Fawn Brodie, Dwight Eisenhower, Winston Leonard Spencer Churchill, James Reston, Jr, Henry A. Kissinger, Richard M. Nixon, H.R. Haldeman

Timeline Tags: Nixon and Watergate

Interviewer David Frost has a difficult time with his subject, former President Richard Nixon, in the day’s early questioning (see April 6, 1977). Frost attempts to recoup with a line of questioning suggested by his adviser James Reston, Jr., one used in the trial of former Nixon aide John Ehrlichman (see January 1, 1975). Were there no limits to what a president can do, even if the president wants to do something plainly illegal? he asks. Could he do anything despite the law? Burglary? Forgery? Even murder? “If the president does it, that means it’s not illegal,” Nixon retorts. “Never had his imperialism been so baldly stated,” Reston will later reflect. Frost asks if the dividing line between, for example, a police burglary and the murder of an antiwar protester is only the president’s judgment? Nixon agrees, and adds: “There’s nothing specific that the Constitution contemplates in that respect. I haven’t read every word, every jot and every tittle, but I do know this: That it has been, however, argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.” [Time, 5/30/1977; Reston, 2007, pp. 102-105; Landmark Cases, 8/28/2007]

Entity Tags: Richard M. Nixon, David Frost, James Reston, Jr, John Ehrlichman

Timeline Tags: Nixon and Watergate

Former President Richard Nixon is nearly 20 minutes late for his second Watergate interview with David Frost (see April 13-15, 1977 and April 13, 1977). Neither Frost nor his team of researchers realize how rattled Nixon is from the last session. Frost begins the interview by asking about the so-called “Dean report” (see March 20, 1973), the results of John Dean’s “internal investigation” of the Watergate conspiracy. Dean’s report would have served two purposes: it would hopefully have removed suspicion from any White House officials as to their involvement in the conspiracy, and, if it was ever pulled apart and shown to be a compendium of lies and evasion, would have pointed to Dean as the central figure in the conspiracy. Dean never wrote the report, but instead became a witness for the prosecution (see April 6-20, 1973. June 3, 1973, and June 25-29, 1973). Since Dean never wrote the report, Frost asks Nixon why he told the deputy attorney general, Henry Peterson, that there was indeed such a report (Nixon had called it “accurate but not full”). Astonishingly, Nixon asserts that Dean did write the report, and that it indeed showed no “vulnerability or criminality on the part of the president… so let’s not get away from that fact.” Frost sees Nixon’s vulnerability. Frost asks when he read the report. Caught, Nixon backs off of his assertion, saying that he “just heard that ah… that he had written a report… ah… the… that… ah… he… ah… ah, considered it to be inadequate.” Frost researcher James Reston, Jr. later writes, “[Nixon] was firmly skewered. His face showed it. His gibberish confirmed it.”
Ehrlichman's Report - Frost moves on to another report on Watergate by former aide John Ehrlichman, the so-called “modified, limited hangout,” and the offer of $200,000 in cash to Ehrlichman and fellow aide H. R. Haldeman for their legal fees. Nixon had told the nation that Ehrlichman would produce an informative and factual report on Watergate, even though he knew by then that Ehrlichman was himself heavily involved in the conspiracy (see August 15, 1973). “That’s like asking Al Capone for an independent investigation of organized crime in Chicago,” Frost observes. “How could one of the prime suspects, even if he was the Pope, conduct an independent inquiry?” Instead of answering the question, Nixon ducks into obfuscation about what exactly constitutes a “prime suspect.”
Nixon Begins to Crack - Reston later writes that, looking back on the interview, it is at this point that Nixon begins to “crack” in earnest. Frost has cast serious doubts on Nixon’s veracity and used Nixon’s own words and actions to demonstrate his culpability. Now Frost asks a broader question: “I still don’t know why you didn’t pick up the phone and tell the cops. When you found out the things that Haldeman and Ehrlichman had done, there is no evidence anywhere of a rebuke, but only of scenarios and excuses.” Nixon responds with what Reston calls a long, “disjointed peroration… about Richard the Isolated and Richard the Victimized… Nixon was desperate to move from fact to sentiment.” But Nixon is not merely rambling. Woven throughout are mentions of the guilt of the various White House officials (but always others, never Nixon’s own guilt), apology, mistakes and misjudgments. Clearly he is hoping that he can paint himself as a sympathetic figure, victimized by fate, bad fortune, and the ill will of his enemies. (Haldeman is so outraged by this stretch that he will soon announce his intention to tell everything in a book—see February 1978; Ehrlichman will call it a “smarmy, maudlin rationalization that will be tested and found false.”) Nixon says he merely “screwed up terribly in what was a little thing [that] became a big thing.”
Crossroads - Frost tries to ease an admission of complicity from Nixon—perhaps if hammering him with facts won’t work, appealing to Nixon’s sentimentality will. “Why not go a little farther?” Frost asks. “That word mistake is a trigger word with people. Would you say to clear the air that, for whatever motives, however waylaid by emotion or whatever you were waylaid by, you were part of a cover-up?” Nixon refuses. Behind the cameras, Nixon staffer Jack Brennan holds up a legal pad with the message “LET’S TALK” (or perhaps “LET HIM TALK”—Reston’s memory is unclear on this point). Either way, Frost decides to take a short break. Brennan hustles Reston into a room, closes the door, and says, “You’ve brought him to the toughest moment of his life. He wants to be forthcoming, but you’ve got to give him a chance.” He wouldn’t confess to being part of a criminal conspiracy, and he wouldn’t admit to committing an impeachable offense. Nixon’s staff has been arguing for days that Nixon should admit to something, but Brennan and Reston cannot agree as to what. Reston later writes that Nixon is at a personal crossroads: “Could he admit his demonstrated guilt, express contrition, and apologize? Two years of national agony were reduced to the human moment. Could he conquer his pride and his conceit? Now we were into Greek theater.” When the interview resumes, Nixon briefly reminisces about his brother Arthur, who died from meningitis at age seven. Was Frost using the story of his brother to open Nixon up? “We’re at an extraordinary moment,” Frost says, and dramatically tosses his clipboard onto the coffee table separating the two men. “Would you do what the American people yearn to hear—not because they yearn to hear it, but just to tell all—to level? You’ve explained how you got caught up in this thing. You’ve explained your motives. I don’t want to quibble about any of that. Coming down to sheer substance, would you go further?” Nixon responds, “Well, what would you express?” Reston will later write, “Every American journalist I have ever known would shrivel at this plea for help, hiding with terror behind the pose of the uninvolved, ‘objective’ interviewer. The question was worthy of Socrates: Frost must lead Nixon to truth and enlightenment.” Frost gropes about a bit, then lists the categories of wrongdoing. First, there were more than mere mistakes. “There was wrongdoing, whether it was a crime or not. Yes, it may have been a crime, too. Two, the power of the presidency was abused. The oath of office was not fulfilled. And three, the American people were put through two years of agony, and… I think the American people need to hear it. I think that unless you say it, you’re going to be haunted for the rest of your life…”
Apology and Admission - Nixon’s response is typically long, prefaced with a rambling discussion of his instructions to speechwriter Ray Price to include his own name with those of Haldeman’s and Ehrlichman’s in the speech announcing their resignations “if you think I ought to” (see April 29, 1973), a litany of all the good things he did while president, and a short, bitter diatribe against those who had sought to bring him down. He never committed a crime, he insists, because he lacked the motive for the commission of a crime.
Terrible Mistakes - But all this is prelude. Nixon shifts to the core of the issue: he had made terrible mistakes not worthy of the presidency. He had violated his own standards of excellence. He deliberately misled the American people about Watergate, he admits, and now he regrets his actions. His statements were not true because they did not go as far as they should have, and “for all of those things I have a deep regret… I don’t go with the idea that what brought me down was a coup, a conspiracy. I gave ‘em the sword. They stuck it in and twisted it with relish. I guess if I’d been in their position, I’d’a done the same thing.” Nixon will not, or perhaps cannot, plainly admit that he broke the law in working to conceal the facts surrounding Watergate, but he does admit that after March 21, 1973, he failed to carry out his duties as president and went to “the edge of the law.… That I came to the edge, I would have to say that a reasonable person could call that a cover-up.” Reston notes that Nixon has just admitted to a standard of guilt high enough for a civil court if not a criminal court. But Nixon isn’t done. [Reston, 2007, pp. 137-155]
Calls Resigning a 'Voluntary Impeachment' - “I did not commit, in my view, an impeachable offense,” he says. “Now, the House has ruled overwhelmingly that I did. Of course, that was only an indictment, and it would have to be tried in the Senate. I might have won, I might have lost. But even if I had won in the Senate by a vote or two, I would have been crippled. And in any event, for six months the country couldn’t afford having the president in the dock in the United States Senate. And there can never be an impeachment in the future in this country without a president voluntarily impeaching himself. I have impeached myself. That speaks for itself.” Resigning the presidency (see August 8, 1974), he says, was a “voluntary impeachment.” [Guardian, 9/7/2007]
Reactions - Frost and his researchers are stunned at Nixon’s statements, as will the millions be who watch the interview when it is broadcast. [Reston, 2007, pp. 137-155] In 2002, Frost will recall, “I sensed at that moment he was most the vulnerable he’d ever be, ever again. It seemed like an almost constitutional moment with his vulnerability at that point.… I hadn’t expected him to go as far as that, frankly. I thought he would have stonewalled more at the last stage. I think that was probably one of the reasons why it was something of a catharsis for the American people at that time that he had finally faced up to these issues, not in a court of law, which a lot of people would have loved to have seen him in a court of law, but that wasn’t going to happen. So—he’d been pardoned. But faced up in a forum where he was clearly not in control and I think that’s why it had the impact it did, probably.” [National Public Radio, 6/17/2002] Not everyone is impressed with Nixon’s mea culpa; the Washington Post, for one, writes, “He went no further than he did in his resignation speech two and a half years ago,” in a story co-written by Watergate investigative reporter Bob Woodward. [Washington Post, 4/30/2007] This interview will air on US television on May 26, 1977. [Guardian, 5/27/1977]

Entity Tags: David Frost, Bob Woodward, James Reston, Jr, Arthur Nixon, Ray Price, Richard M. Nixon, John Dean, Jack Brennan, John Ehrlichman

Timeline Tags: Nixon and Watergate

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

H. R. Haldeman’s “The Ends of Power.”H. R. Haldeman’s “The Ends of Power.” [Source: Amazon (.com)]Former Nixon aide H. R. Haldeman, in his autobiography The Ends of Power, advances his own insider theory of the genesis of the Watergate burglaries (see July 26-27, 1970). Haldeman, currently serving a one-year prison sentence for perjuring himself during his testimony about the Watergate cover-up, became so angered while watching David Frost interview former President Nixon, and particularly Nixon’s attempts to pin the blame for Watergate on Haldeman and fellow aide John Ehrlichman (see April 15, 1977), that he decided to write the book to tell his version of events. Some of his assertions:
Nixon, Colson Behind 'Plumbers;' Watergate Burglary 'Deliberately Sabotaged' - He writes that he believes then-President Nixon ordered the operation that resulted in the burglaries and surveillance of the Democratic National Committee (DNC) headquarters because he and Charles Colson, the aide who supervised the so-called “Plumbers” (see Late June-July 1971), were both “infuriated with [DNC chairman Lawrence] O’Brien’s success in using the ITT case against them” (see February 22, 1972). Colson, whom Haldeman paints as Nixon’s “hit man” who was the guiding spirit behind the “Plumbers,” then recruited another White House aide, E. Howard Hunt, who brought in yet another aide, G. Gordon Liddy. Haldeman goes into a more interesting level of speculation: “I believe the Democratic high command knew the break-in was going to take place, and let it happen. They may even have planted the plainclothesman who arrested the burglars. I believe that the CIA monitored the Watergate burglars throughout. And that the overwhelming evidence leads to the conclusion that the break-in was deliberately sabotaged.” O’Brien calls Haldeman’s version of events “a crock.” As for Haldeman’s insinuations that the CIA might have been involved with the burglaries, former CIA director Richard Helms says, “The agency had nothing to do with the Watergate break-in.” Time magazine’s review of the book says that Haldeman is more believable when he moves from unverifiable speculation into provable fact. One such example is his delineation of the conspiracy to cover up the burglaries and the related actions and incidents. Haldeman writes that the cover-up was not a “conspiracy” in the legal sense, but was “organic,” growing “one step at a time” to limit political damage to the president.
Story of Kennedy Ordering Vietnamese Assassination Actually True - He suggests that the evidence Hunt falsified that tried to blame former president John F. Kennedy of having then-South Vietnamese President Ngo Dinh Diem assassination (see Mid-September 1971) may have pointed to the actual truth of that incident, hinting that Kennedy may have ordered the assassination after all.
US Headed Off Two Potentially Catastrophic Nuclear Incidents with USSR, China - He also writes of a previously unsuspected incident where Nixon and other US officials convinced the Soviets not to attack Chinese nuclear sites. And Haldeman tells of a September 1970 incident where the US managed to head off a second Cuban Missile Crisis. Both stories of US intervention with the Soviets are strongly denied by both of Nixon’s Secretaries of State, Henry Kissinger, and William Rogers.
Duality of Nixon's Nature - Haldeman says that while Nixon carried “greatness in him,” and showed strong “intelligence, analytical ability, judgment, shrewdness, courage, decisiveness and strength,” he was plagued by equally powerful flaws. Haldeman writes that Nixon had a “dirty, mean, base side” and “a terrible temper,” and describes him as “coldly calculating, devious, craftily manipulative… the weirdest man ever to live in the White House.” For himself, Haldeman claims to have always tried to give “active encouragement” to the “good” side of Nixon and treat the “bad” side with “benign neglect.” He often ignored Nixon’s “petty, vindictive” orders, such as giving mass lie detector tests to employees of the State Department as a means of finding security leaks. He writes that while he regrets not challenging Nixon more “frontally” to counter the president’s darker impulses, he notes that other Nixon aides who had done so quickly lost influence in the Oval Office. Colson, on the other hand, rose to a high level of influence by appealing to Nixon’s darker nature. Between the two, Haldeman writes, the criminal conspiracy of Watergate was created. (Colson disputes Haldeman’s depiction of his character as well as the events of the conspiracy.) Haldeman himself never intended to do anything illegal, denies any knowledge of the “Gemstone” conspiracy proposal (see January 29, 1972), and denies ordering his aide Gordon Strachan to destroy evidence (see June 18-19, 1972).
Reconstructing the 18 1/2 Minute Gap - Haldeman also reconstructs the conversation between himself and Nixon that was erased from the White House tapes (see June 23, 1972 and July 13-16, 1973). Time notes that Haldeman reconstructs the conversation seemingly to legally camouflage his own actions and knowledge, “possibly to preclude further legal charges against him…” According to Haldeman’s reconstruction, Nixon said, “I know one thing. I can’t stand an FBI interrogation of Colson… Colson can talk about the president, if he cracks. You know I was on Colson’s tail for months to nail Larry O’Brien on the [Howard] Hughes deal (see April 30 - May 1, 1973; O’Brien had worked for Hughes, and Nixon was sure O’Brien had been involved in illegalities). Colson told me he was going to get the information I wanted one way or the other. And that was O’Brien’s office they were bugging, wasn’t it? And who’s behind it? Colson’s boy Hunt. Christ. Colson called [deputy campaign chief Jeb Magruder] and got the whole operation started. Right from the g_ddamn White House… I just hope the FBI doesn’t check the office log and put it together with that Hunt and Liddy meeting in Colson’s office.” Time writes, “If the quotes are accurate, Nixon is not only divulging his own culpability in initiating the bugging but is also expressing a clear intent to keep the FBI from learning about it. Thus the seeds of an obstruction of justice have been planted even before the celebrated June 23 ‘smoking gun’ conversation, which ultimately triggered Nixon’s resignation from office.” Haldeman says he isn’t sure who erased the tape, but he believes it was Nixon himself. Nixon intended to erase all the damning evidence from the recordings, but since he was, Haldeman writes, “the least dexterous man I have ever known,” he quickly realized that “it would take him ten years” to erase everything.
'Smoking Gun' Allegations - Haldeman also makes what Time calls “spectacular… but unverified” allegations concerning the June 23, 1972 “smoking gun” conversations (see June 23, 1972). The focus of that day’s discussion was how the White House could persuade the CIA to head off the FBI’s investigation of the Watergate burglary. The tape proved that Nixon had indeed attempted to block the criminal investigation into Watergate, and feared that the money found on the burglars would be traced back to his own re-election campaign committee. Haldeman writes that he was confused when Nixon told him to tell the CIA, “Look, the problem is that this will open up the whole Bay of Pigs thing again.” When Haldeman asked Helms to intercede with the FBI, and passed along Nixon’s warning that “the Bay of Pigs may be blown,” Helms’s reaction, Haldeman writes, was electric. “Turmoil in the room, Helms gripping the arms of his chair, leaning forward and shouting, ‘The Bay of Pigs had nothing to do with this. I have no concern about the Bay of Pigs.’” Haldeman writes, “I was absolutely shocked by Helms‘[s] violent reaction. Again I wondered, what was such dynamite in the Bay of Pigs story?” Haldeman comes to believe that the term “Bay of Pigs” was a reference to the CIA’s secret attempts to assassinate Cuban dictator Fidel Castro. The CIA had withheld this info from the Warren Commission, the body that investigated the assassination of President Kennedy, and Haldeman implies that Nixon was using the “Bay of Pigs thing” as some sort of blackmail threat over the CIA. Haldeman also hints, very vaguely, that Nixon, when he was vice president under Dwight D. Eisenhower, was a chief instigator of the actual Bay of Pigs invasion. (Time notes that while Vice President Nixon probably knew about the plans, “he certainly had not been their author.”)
Other Tidbits - Haldeman writes that Nixon’s taping system was created to ensure that anyone who misrepresented what Nixon and others said in the Oval Office could be proven wrong, and that Nixon had Kissinger particularly in mind. Nixon kept the tapes because at first he didn’t believe he could be forced to give them up, and later thought he could use them to discredit former White House counsel John Dean. He says Nixon was wrong in asserting that he ordered Haldeman to get rid of the tapes. Haldeman believes the notorious “deep background” source for Washington Post reporters Carl Bernstein and Bob Woodward was actually Fred Fielding, Dean’s White House deputy. Interestingly, Haldeman apparently discovered the real identity of “Deep Throat” in 1972 to be senior FBI official W. Mark Felt (see October 19, 1972). It is unclear why Haldeman now writes that Fielding, not Felt, was the Post source.
Not a Reliable Source - Time notes that Haldeman’s book is far from being a reliable source of information, characterizing it as “badly flawed, frustratingly vague and curiously defensive,” and notes that “[m]any key sections were promptly denied; others are clearly erroneous.” Time concludes, “Despite the claim that his aim was finally to ‘tell the truth’ about the scandal, his book is too self-protective for that.” And it is clear that Haldeman, though he writes how the cover-up was “morally and legally the wrong thing to do—so it should have failed,” has little problem being part of such a criminal conspiracy. The biggest problem with Watergate was not that it was illegal, he writes, but that it was handled badly. He writes, “There is absolutely no doubt in my mind today that if I were back at the starting point, faced with the decision of whether to join up, even knowing what the ultimate outcome would be, I would unhesitatingly do it.” [Time, 2/27/1978; Spartacus Schoolnet, 8/2007]

Entity Tags: Fred F. Fielding, William P. Rogers, E. Howard Hunt, Democratic National Committee, David Frost, Charles Colson, W. Mark Felt, Bob Woodward, Carl Bernstein, US Department of State, Lawrence O’Brien, Richard Helms, John Dean, Jeb S. Magruder, Howard Hughes, Henry A. Kissinger, Gordon Strachan, Dwight Eisenhower, Richard M. Nixon, H.R. Haldeman, John F. Kennedy

Timeline Tags: Nixon and Watergate

A young Fauzi Hasbi.A young Fauzi Hasbi. [Source: SBS Dateline]Fauzi Hasbi, the son of a separatist leader in the Indonesian province of Aceh, is captured by an Indonesian military special forces unit in 1979 and soon becomes a mole for the Indonesian government. Hasbi becomes a leader in the separatist Free Aceh Movement (GAM), and he also plays a long-time role in Jemaah Islamiyah, an al-Qaeda affiliate. For many years, he literally lives next door to Jemaah Islamiyah leaders Abu Bakar Bashir and Hambali (see April 1991-Late 2000). In 2005, the Australian television program SBS Dateline will present documents that it claims “prove beyond doubt that Fauzi Hasbi had a long association with the [Indonesian] military.” For instance, military documents dating from 1990 and 1995 give him specific spying tasks. [SBS Dateline, 10/12/2005] In February 2001, the Indonesian magazine Tempo documents some of Hasbi’s links to the Indonesian military, after he has been linked to a major role the Christmas bombings in Indonesia two months earlier (see December 24-30, 2000 and February 20, 2001). He admits to having some ties to certain high-ranking military figures and says he has had a falling out with GAM, but denies being a traitor to any militant group. [Tempo, 2/20/2001; Tempo, 2/27/2001] Yet even after this partial exposure, he continues to pose as an Islamist militant for the military. A 2002 document shows that he is even assigned the job of special agent for BIN, Indonesia’s intelligence agency. [SBS Dateline, 10/12/2005] A December 2002 report by a US think tank, the International Crisis Group, details his role as a government mole. He and two of his associates are abducted and killed in mysterious circumstances in the Indonesian city of Ambon on February 22, 2003. Seven suspects, including an Indonesian policeman, later admit to the killings but their motive for doing so remains murky. [Agence France-Presse, 5/22/2003]

Entity Tags: Tentara Nasional Indonesia, Jemaah Islamiyah, Free Aceh Movement, Badan Intelijen Negara, Fauzi Hasbi

Timeline Tags: Complete 911 Timeline

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

About 500 Iranian students take over the American Embassy in Tehran and hold 52 Americans hostage for 444 days. The Mujahedeen-e Khalq (MEK) is one of the groups that supports the take-over. [US Department of State, 4/30/2003; PBS, 1/15/2006]

Entity Tags: People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran, Iran-Contra Affair

Shortly after the seizure of the US embassy in Tehran (see November 4, 1979-January 20, 1981), President Jimmy Carter issues Executive Order 12170 freezing Iranian government assets held in the United States under the authority of the International Emergency Economic Powers Act (IEEPA). [US President, 11/14/1979] Iran has an estimated $12 billion in bank deposits, gold, and other properties, including $5.6 billion in deposits and securities held by overseas branches of US banks. [US Department of the Treasury. Office of Foreign Assets Control, 11/1979]

Entity Tags: James Earl “Jimmy” Carter, Jr.

Timeline Tags: US confrontation with Iran

Due to apparent problems with the use of intelligence information in criminal proceedings, a set of procedures that later becomes known as the “wall” begins to take shape. The FBI, which performs both criminal and counterintelligence functions, normally obtains two types of warrants: criminal warrants and warrants under the recently passed Foreign Intelligence Surveillance Act (FISA). FISA warrants are thought to be easier to obtain, as the FBI only has to show that there is probable cause to believe the subject is a foreign power or an agent of one. Sometimes a case begins as an intelligence investigation, but results in a criminal prosecution. In court the defense can then argue that the government has abused FISA and obtained evidence by improperly using the lower standard, so any evidence obtained under FISA should not be allowed in court. Although the government can use information it happens to obtain under a FISA warrant for a criminal prosecution, if the purpose of obtaining information under a FISA warrant is for a criminal prosecution, this is in violation of the Fourth Amendment’s prohibition against warrantless searches. To combat this apparent problem, the special FISA Court decides that for a warrant under FISA to be granted, collecting intelligence information must be the primary purpose, although such information can be used in a criminal investigation provided the criminal investigation does not become the primary purpose of the surveillance or search. As a result of these procedures, when the FBI is conducting an intelligence investigation and uncovers evidence of criminal activity, it no longer consults local United States Attorneys’ Offices, but prosecutors within the Justice Department’s Criminal Division. The prosecutors then decide when the local attorney’s office should become involved. [US Department of Justice, 11/2004, pp. 21-24 pdf file] The wall will be extended in the 1990s (see July 19, 1995) and will be much criticized before and after 9/11 (see July 1999 and April 13, 2004).

Entity Tags: Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, US Department of Justice, Foreign Intelligence Surveillance Court

Timeline Tags: Complete 911 Timeline

Nabih Berri in 1982.Nabih Berri in 1982. [Source: Reza / Corbis]Nabih Berri takes over the Amal Militia, a Shi’a Lebanese paramilitary organization, and tries to build it up as a power base for himself. Although not a fundamentalist Muslim, Berri allies himself with the new regime in Iran and Hezbollah, a fundamentalist Lebanese Shi’a party backed by Iran. Berri also manages to convince Syrian authorities that he will represent their interests in Lebanon and comes to a similar arrangement with the Ba’ath party in Iraq. This is a difficult balance for Berri to keep, as journalists Joe and Susan Trento will later point out, “If he displeased the Iranian mullahs who controlled the supply of money to Hezbollah in Lebanon, he would lose his grip on power.” Former intelligence officer Michael Pilgrim will comment, “Berri was targeted for CIA recruitment and so were members of his militia… I think it’s safe to say we financed his early trips to Iran.” He also commences relationships with the Drug Enforcement Agency and Defense Intelligence Agency. Unsurprisingly, some of the consequences of this are bad for the US, and the Trentos will comment: “The relationship would end in a series of deadly disasters for members of our armed services and the CIA. According to US intelligence officials who served in Lebanon at the time, Berri kept the peace with [Iran] and the Shi’a by allowing them to attack Westerners in his Amal-controlled territory. To prove his loyalty to the Shi’a and keep the alliance that was essential to his power base, he failed to pass on intelligence to the United States.” Based on interviews with former intelligence officers and associates of Berri, the Trentos will conclude that he facilitated attacks on the US by Hezbollah by allowing their operatives to pass Amal checkpoints without warning the US, for example before attacks on the US embassy and Marine barracks in 1983 in which hundreds die (see April 18-October 23, 1983). [Trento and Trento, 2006, pp. 74-77]

Entity Tags: Nabih Berri, Michael Pilgrim, Drug Enforcement Administration, Hezbollah, Amal, Defense Intelligence Agency, Central Intelligence Agency

Timeline Tags: US confrontation with Iran, Complete 911 Timeline

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Ronald and Nancy Reagan celebrate winning the presidency.Ronald and Nancy Reagan celebrate winning the presidency. [Source: Medal of Freedom (.com)]After winning a sweeping election victory against President Jimmy Carter in November 1980, Ronald Reagan is sworn in as US president. The same day that Reagan is sworn in, Iran releases the remaining 52 hostages it has held captive at the US Embassy in Tehran for 444 days (see November 4, 1979-January 20, 1981). [PBS, 2000]

Entity Tags: Ronald Reagan, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Iran-Contra Affair, Elections Before 2000

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 pdf file]

Entity Tags: Ronald Reagan, George W. Bush, National Security Letters, Bush administration (43)

Timeline Tags: Civil Liberties

The winter issue of Kivunim, a “A Journal for Judaism and Zionism,” publishes “A Strategy for Israel in the Nineteen Eighties” by Oded Yinon. The paper, published in Hebrew, rejects the idea that Israel should carry through with the Camp David accords and seek peace. Instead, Yinon suggests that the Arab States should be destroyed from within by exploiting their internal religious and ethnic tensions: “Lebanon’s total dissolution into five provinces serves as a precedent for the entire Arab world including Egypt, Syria, Iraq, and the Arabian peninsula and is already following that track. The dissolution of Syria and Iraq later on into ethnically or religiously unique areas such as in Lebanon, is Israel’s primary target on the Eastern front in the long run, while the dissolution of the military power of those states serves as the primary short term target. Syria will fall apart, in accordance with its ethnic and religious structure, into several states such as in present day Lebanon.” [Kivunim, 2/1982]

Entity Tags: Oded Yinon

Timeline Tags: Alleged Use of False Flag Attacks

President Reagan agrees “in principle” to send a small number of Marines to Lebanon as a peacekeeping force to keep a modicum of order in the ongoing civil war. The Marines will arrive in Lebanon on August 25, and will find themselves in the middle of bloody factional fighting between several Lebanese groups as well as Israeli invasion forces. [PBS, 2000] In October 1983, 241 Marines will die when a suicide bomber attacks their barracks (see April 18-October 23, 1983).

Entity Tags: Ronald Reagan

Timeline Tags: Iran-Contra Affair

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

Youssef Nada.Youssef Nada. [Source: Zuma Press/ NewsCom]In November 2001, Swiss investigators will search the home of Youssef Nada, the leader of Al Taqwa Bank, a Swiss bank that had just been shut down by the US and the UN for alleged ties to al-Qaeda, Hamas, and other radical militant groups (see November 7, 2001). Nada and other Al Taqwa directors are prominent members of the Muslim Brotherhood. Newsweek will say, “The Brotherhood, founded in Egypt in 1928 as a religious and quasi-political counterweight to the corrupt and increasingly decadent royalist and colonial governments dominating the Islamic world, always has had two faces: one a peaceful public, proselytizing and social-welfare oriented wing; the other a clandestine, paramilitary wing.… Intelligence and law-enforcement officials say that while some branches and elements of the Brotherhood, such as the offshoots now operating in Egypt and Syria, have pledged to work for their goal of a worldwide Islamic caliphate using peaceful means and electoral politics, the Brotherhood has also spun off many—if not most—of the more violent local and international groups devoted to the cause of Islamic holy war.” Such offshoots will include al-Qaeda and Hamas. [Newsweek, 12/24/2004] Swiss investigators discover a 14-page document from December 1982 entitled “The Project.” Nada claims not to know who wrote the document or how he came to have it, and he says he disagrees with most of the contents. The document details a strategic plan whose ultimate goal is “the establishment of the reign of God over the entire world.” The document begins, “This report presents a global vision of an international strategy of Islamic policy.” It recommends to “study of the centers of power locally and worldwide, and the possibilities of placing them under influence,” to contact and support new holy war movements anywhere in the world, to support holy war in Palestine, and “nurtur[e] the sentiment of rancor with regard to Jews.” Swiss investigators who analyze the document will later write that the strategy aims to achieve “a growing influence over the Muslim world. It is pointed out that the [Muslim Brotherhood] doesn’t have to act in the name of the Brotherhood, but can infiltrate existing entities. They can thus avoid being located and neutralized.” The document also advocates creating a network of religious, educational, and charitable institutions in Europe and the US to increase influence there. [Unknown, 12/1982; Le Temps (Geneva), 10/6/2005]

Entity Tags: Muslim Brotherhood

Timeline Tags: Complete 911 Timeline

A Texas sheriff and three of his deputies are charged with violating the civil rights of several prisoners in their custody. According to the complaint, the four conspired to “subject prisoners to a suffocating water torture ordeal in order to coerce confessions. This generally included the placement of a towel over the nose and mouth of the prisoner and the pouring of water in the towel until the prisoner began to move, jerk, or otherwise indicate that he was suffocating and/or drowning.” The procedure will later become known as “waterboarding.” All four are convicted, and the sheriff is sentenced to 10 years in prison. [Washington Post, 11/4/2007]

Timeline Tags: Torture of US Captives

Strategic Defense Initiative logo.Strategic Defense Initiative logo. [Source: United States Missile Defense Agency]President Reagan announces his proposal for the Strategic Defense Initiative (SDI, later nicknamed “Star Wars”), originally conceived two years earlier (see 1981). SDI is envisioned as a wide-ranging missile defense system that, if it works, will protect the United States from nuclear attacks from the Soviet Union or other countries with ballistic missiles, essentially rendering nuclear weapons, in Reagan’s words, “impotent and obsolete.” Reagan says, “I call upon the scientific community in our country, those who gave us nuclear weapons, to turn their great talents now to the cause of mankind and world peace, to give us the means of rendering these nuclear weapons impotent and obsolete.” Soviet leader Yuri Andropov’s response is unprececented in its anger (see March 27, 1983); Soviet Ambassador Anatoly Dobrinyn says SDI will “open a new phase in the arms race.” [PBS, 2000; Scoblic, 2008, pp. 129]
US Hardliners 'Ecstatic' - Hardliners in and out of the Reagan administration are, in author J. Peter Scoblic’s characterization, “ecstatic, seeing SDI as the ultimate refutation of [the principle of] mutual assured destruction and therefore of the status quo, which left [the US] unable to seek victory over the Soviet Union.” The day after the speech, Senator Barry Goldwater (R-AZ) sends Reagan a one-sentence letter: “That was the best statement I have heard from any president.”
'Less Suicidal' Adjunct to First Strike - Scoblic will write that if SDI is implemented as envisioned, “[a]lthough the Soviets would still be able to inflict enough damage that a first strike by the United States would be suicidal, it would be ‘less suicidal’ to the extent that such a concept made sense, which some Reagan officials believed it did. In short, SDI was a better adjunct to a first strike than it was a standalone defense. That made it critically destabilizing, which is why missile defense had been outlawed by [earlier treaties] in the first place.” [Scoblic, 2008, pp. 129-130]

Entity Tags: Strategic Defense Initiative, J. Peter Scoblic, Ronald Reagan, Anatoly Dobrinyn, Barry Goldwater, Yuri Andropov

Timeline Tags: US International Relations

The October 1983 bombing of US Marine barracks in Beirut, Lebanon.The October 1983 bombing of US Marine barracks in Beirut, Lebanon. [Source: US Marine Corps.]In June 1982, Israel invaded Lebanon and US Marines were sent to Lebanon as a peacekeeping force in September 1982. On April 18, 1983, the US embassy in Beirut, Lebanon, is bombed by a suicide truck attack, killing 63 people. On October 23, 1983, a Marine barracks in Beirut is bombed by another suicide truck attack, killing 241 Marines. In February 1984, the US military will depart Lebanon. The radical militant group Islamic Jihad will take credit for both attacks (note that this is not the group led by Ayman al-Zawahiri). The group is believed to be linked to Hezbollah. Prior to this year, attacks of this type were rare. But the perceived success of these attacks in getting the US to leave Lebanon will usher in a new era of suicide attacks around the world. The next two years in particular will see a wave of such attacks in the Middle East, many of them committed by the radical militant group Hezbollah. [US Congress, 7/24/2003; US Congress, 7/24/2003 pdf file] The Beirut bombings will also inspire Osama bin Laden to believe that the US can be defeated by suicide attacks. For instance, he will say in a 1998 interview: “We have seen in the last decade the decline of the American government and the weakness of the American soldier who is ready to wage Cold Wars and unprepared to fight long wars. This was proven in Beirut when the Marines fled after two explosions.” [ABC News, 5/28/1998] In 1994, he will hold a meeting with a top Hezbollah leader (see Shortly After February 1994) and arrange for some of his operatives to be trained in the truck bombing techniques that were used in Beirut. [9/11 Commission, 7/24/2004, pp. 48]

Entity Tags: Hezbollah, Islamic Jihad Organization, Ayman al-Zawahiri, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The Supreme Court rules in INS v. Chadha that Congress has no right to issue what it calls “legislative vetoes,” essentially provisions passed by Congress giving the executive branch specific powers but with Congress reserving the right to veto specific decisions by the executive branch if it does not approve of the decisions made by the executive. Congress had relied on such “legislative vetoes” for years to curb the expanding power of the president. The Court strikes down hundreds of these “legislative vetoes” throughout federal law. Congress quickly schedules hearings to decide how to respond to the Court’s ruling. White House attorney John Roberts (see September 29, 2005), a young, fast-rising conservative, is one of a team of lawyers assigned to review the administration’s upcoming testimony before Congress. Some of the lawyers want to push Congress to place independent agencies such as the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) under White House control—part of the evolving “unitary executive” theory of presidential power (see April 30, 1986). Roberts writes: “With respect to independent agencies… the time may be ripe to reconsider the existence of such entities, and take action to bring them back within the executive branch.… I agree that the time is ripe to reconsider the Constitutional anomaly of independent agencies… More timid souls may, however, desire to see this deleted as provocative.” [Savage, 2007, pp. 256-257]

Entity Tags: Reagan administration, Food and Drug Administration, Federal Trade Commission, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

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