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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

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

President Nixon authorizes the creation of a “special investigations unit,” later nicknamed the “Plumbers,” to root out and seal media leaks. The first target is Daniel Ellsberg, who leaked the Pentagon Papers to the press (see June 13, 1971); the team will burglarize the office of Ellsberg’s psychiatrist, Dr. Lewis Fielding, in hopes of securing information that the White House can use to smear Ellsberg’s character and undermine his credibility (see September 9, 1971). Nixon aide John Ehrlichman, who supervises the “Plumbers,” will later say that the Ellsberg burglary is “the seminal Watergate episode.” Author Barry Werth will later write, “[L]ike all original sins, it held the complete DNA of subsequent misdeeds.” During the upcoming court battle over the documents, Nixon tells his aide Charles Colson: “We’ve got a countergovernment here and we’ve got to fight it. I don’t give a damn how it’s done. Do whatever has to be done to stop those leaks.… I don’t want to be told why it can’t be done.” Whatever damaging information the “Plumbers” can find on Ellsberg will be itself leaked to the press, Nixon says. “Don’t worry about his trial [referring to Ellsberg’s arrest on conspiracy and espionage charges (see June 28, 1971) ]. Just get everything out. Try him in the press… leak it out.” [Werth, 2006, pp. 84-87] As he is wont to do, Nixon refers to his own success in convicting suspected Communist spy Alger Hiss in 1950. “We won the Hiss case in the papers,” he says. “We did. I had to leak stuff all over the place. Because the Justice Department would not prosecute it.… It was won in the papers…. I leaked out the papers. I leaked everything.… I leaked out the testimony. I had Hiss convicted before he ever got to the grand jury.” [Kutler, 1997, pp. 10; Reeves, 2001, pp. 337-338] In July 1973, FBI deputy director W. Mark Felt, the notorious “Deep Throat” (see May 31, 2005) will tell reporter Bob Woodward that Nixon created the Plumbers because the FBI would not do his bidding in regards to Ellsberg. Had the FBI agreed to investigate Ellsberg to the extent Nixon wanted, he would not have created the “Plumbers.” “The problem was that we [the FBI] wouldn’t burglarize” (see June 30-July 1, 1971), Felt will say. Ehrlichman will later testify, “Those fellows were going out as substitutes for the FBI.” [Woodward, 2005, pp. 107]

Entity Tags: Federal Bureau of Investigation, ’Plumbers’, Alger Hiss, Daniel Ellsberg, Richard M. Nixon, W. Mark Felt, Lewis Fielding, Bob Woodward, John Ehrlichman

Timeline Tags: Nixon and Watergate

President Nixon’s aides have diligently tried to find evidence linking former President John F. Kennedy to the 1963 assassinations of South Vietnamese President Ngo Dinh Diem and his brother, Ngo Dinh Nhu (see June 17, 1971), but have been unsuccessful. “Plumber” E. Howard Hunt (see July 7, 1971) has collected 240 diplomatic cables between Washington, DC, and Saigon from the time period surrounding the assassinations, none of which hint at any US involvement in them. White House aide Charles Colson, therefore, decides to fabricate his own evidence. Using a razor blade, glue, and a photocopier, Colson creates a fake “cable” dated October 29, 1963, sent to the US embassy in Saigon from the Kennedy White House. It reads in part, “At highest level meeting today, decision reluctantly made that neither you nor Harkin [apparently a reference to General Paul Harkins, the commander of US forces in Vietnam at the time] should intervene on behalf of Diem or Nhu in event they seek asylum.” [Reeves, 2001, pp. 371]

Entity Tags: Kennedy administration, Charles Colson, E. Howard Hunt, Richard M. Nixon, Ngo Dinh Diem, Paul Harkins, Ngo Dinh Nhu

Timeline Tags: Nixon and Watergate

Gemstone file envelope.Gemstone file envelope. [Source: MedLibrary.org]“Plumber” G. Gordon Liddy lays out an elaborate $1 million proposal for a plan for political espionage and campaign “dirty tricks” he calls “Operation Gemstone” to Attorney General John Mitchell. Mitchell is preparing to leave his post to head the Committee to Re-elect the President (CREEP—see March 1, 1972). “Gemstone” is a response to pressure from President Nixon to compile intelligence on Democratic candidates and party officials, particularly Democratic National Committee chairman Lawrence O’Brien. Liddy gives his presentation with one hand bandaged—he had recently charred it in a candle flame to demonstrate the pain he was willing to endure in the name of will and loyalty. Sub-operations such as “Diamond,” “Ruby,” and “Sapphire” engender the following, among other proposed activities:
bullet disrupt antiwar demonstrators before television and press cameras can arrive on the scene, using “men who have worked successfully as street-fighting squads for the CIA” [Reeves, 2001, pp. 429-430] or what White House counsel John Dean, also at the meeting, will later testify to be “mugging squads;” [Time, 7/9/1973]
bullet kidnap, or “surgically relocate,” prominent antiwar and civil rights leaders by “drug[ging” them and taking them “across the border;”
bullet use a pleasure yacht as a floating brothel to entice Democrats and other undesirables into compromising positions, where they can be tape-recorded and photographed with what Liddy calls “the finest call girls in the country… not dumb broads but girls who can be trained and photographed;”
bullet deploy an array of electronic and physical surveillance, including chase planes to intercept messages from airplanes carrying prominent Democrats. [Reeves, 2001, pp. 429-430]
Dean, as he later testifies, is horrified at the ideas. [Time, 7/9/1973] Mitchell seems more amused than anything else at Liddy’s excesses, he merely says that “Gemstone” is “not quite what I had in mind.” He tells Liddy and Liddy’s boss, CREEP deputy director Jeb Stuart Magruder, to come back with a cheaper and more realistic proposal. [Reeves, 2001, pp. 429-430]

Entity Tags: John Mitchell, John Dean, Committee to Re-elect the President, G. Gordon Liddy, Jeb S. Magruder, Lawrence O’Brien, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

Syndicated columnist Jack Anderson receives a memo written by International Telephone and Telegraph (ITT) lobbyist Dita Beard; the memo goes a long way towards proving that in return for hefty campaign contributions to the GOP, the Justice Department dropped its antitrust suit against the corporation (see 1969 and July 31, 1971). The memo, written on June 25, 1971 by Beard to ITT vice president Bill Merriam, is entitled “Subject: San Diego Convention.” Beard indicated her distress at the possibility of someone leaking the fact that ITT had quietly contributed $400,000 to the GOP for its 1972 convention in San Diego. Two of the few who know of the contribution, Beard wrote, were President Nixon and Attorney General John Mitchell. She asked whether the $400,000 should be donated in cash or in services, then wrote: “I am convinced because of several conversations with Louie re Mitchell that our noble commitment has gone a long way toward our negotiations on the mergers eventually coming out as Hal wanted them. Certainly the president has told Mitchell to see that things are working out fairly. It is still only McLaren’s mickey-mouse that we are suffering.” Anderson doesn’t know who “Louie” is, but he is sure “Hal” is Harold Geneen, ITT’s president. ITT had announced a $100,000 contribution, but the real amount is four times that. One of Anderson’s aides, Brit Hume, interviews Beard, and during a night of heavy drinking and Beard’s emotional outbursts, finds out that in May 1971, Beard had gone to a party hosted by Kentucky governor Louie Nunn, the “Louie” of the memo. Mitchell was at the party, and Beard was there to prime Mitchell as to what exactly ITT wants in return for its contribution and its assurance that it can secure San Diego as the GOP’s convention site. According to Beard, the deal was hatched between herself and Mitchell at Nunn’s party. Anderson quickly publishes a column based on the memo that causes a tremendous stir in Washington and the press. [Anderson, 1999, pp. 194-200] (In his book The Secret Man, Bob Woodward will give the date for Anderson’s column revealing the Beard memo as February 19. This is apparently a typographical error.) [Woodward, 2005, pp. 37] The White House will successfully pressure Beard to disavow the memo (see Mid-Late March, 1972).

Entity Tags: Jack Anderson, Dita Beard, Brit Hume, Bob Woodward, Bill Merriam, Federal Bureau of Investigation, International Telephone and Telegraph, Richard M. Nixon, Harold Geneen, John Mitchell, Louie B. Nunn

Timeline Tags: Nixon and Watergate

Shortly after the Watergate burglars were caught (see 2:30 a.m.June 17, 1972), Nixon campaign aide Gordon Strachan destroys evidence that could link the White House to the burglaries. According to testimony by White House counsel John Dean to the Senate Watergate Committee (see June 25-29, 1973), Strachan, on the orders of White House aide H. R. Haldeman, destroys files from Haldeman’s office, including what Dean calls “wiretap information from the DNC,” or Democratic National Committee. Dean later testifies that White House aide John Ehrlichman orders him to get E. Howard Hunt, the planner of the burglary, “out of the country,” but later tries to rescind the order. Dean’s testimony shows that Haldeman had prior knowledge of the illegal wiretapping and perhaps the burglaries as well. Dean’s testimony implicates both Haldeman and Ehrlichman as direct participants in the cover-up virtually from the outset. [Time, 7/9/1973]

Entity Tags: H.R. Haldeman, Gordon Strachan, John Ehrlichman, John Dean, Senate Watergate Investigative Committee

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

According to White House aide H. R. Haldeman’s 1978 book The Ends to Power (see February 1978), President Nixon phones Haldeman in a call that Haldeman will claim has remained “unknown to anyone but the president and me to this day.” Nixon wants to raise money for the jailed Watergate burglars (see 2:30 a.m.June 17, 1972). “Those people who got caught are going to need money. I’ve been thinking about how to do it,” Nixon says. “I’m going to have Bebe [Nixon’s millionaire friend, Bebe Rebozo] start a fund for them in Miami. Call it an anti-Castro fund.” [Time, 2/27/1978] But many observers, including Haldeman’s colleague John Ehrlichman, will describe Haldeman’s book as filled with errors (see March 6, 1978), thereby calling into question Haldeman’s account of the reported incident.

Entity Tags: Richard M. Nixon, H.R. Haldeman, Charles ‘Bebe’ Rebozo

Timeline Tags: Nixon and Watergate

President Nixon and chief of staff H. R. Haldeman discuss a suggestion by Nixon campaign chief John Mitchell regarding the Watergate burglary and bugging (see 2:30 a.m.June 17, 1972). Mitchell believes that burglar G. Gordon Liddy should take the entire blame for the burglary, and confess to being the operation’s “mastermind.” “You mean you’d have Liddy confess and say he did it unauthorized?” Nixon asks. Haldeman affirms the question. After further discussion, Nixon says: “The reaction is going to be primarily Washington and not the country, because I think the country doesn’t give much of a sh_t about it other than the ones we’ve already bugged.… Everybody around here is all mortified by it. It’s a horrible thing to rebut [whereas] most people around the country think this is routine, that everybody’s trying to bug everybody else, it’s politics.” Nixon is struck with a new idea during the conversation—use every accusation of the Watergate bugging to claim that it only proves the Democrats were bugging the Nixon campaign. Maybe they should plant a bug on themselves and claim the Democrats planted it, Nixon suggests. Haldeman circles the conversation back to Liddy, and Nixon asks, “Is Liddy willing?” Haldeman replies: “He says he is. Apparently he is a little bit nuts… apparently he’s sort of a Tom Huston-type guy (see June 5, 1970).… He sort of likes the dramatic. He’s said, ‘If you want to put me before a firing squad and shoot me, that’s fine. I’d kind of like to be like Nathan Hale.’” [Reeves, 2001, pp. 505-506]

Entity Tags: Tom Charles Huston, G. Gordon Liddy, H.R. Haldeman, John Mitchell, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Nixon and Haldeman, three days after the June 23 meeting.Nixon and Haldeman, three days after the June 23 meeting. [Source: Washington Post]With the FBI tracing the Watergate burglars’ $100 bills to GOP fundraiser Kenneth Dahlberg (see August 1-2, 1972), President Nixon orders the CIA to attempt to stop the FBI from investigating the Watergate conspiracy, using the justification of “national security.” One of the areas Nixon specifically does not want investigated is the $89,000 in Mexican checks found in the account of one of the Watergate burglars, Bernard Barker (see April-June 1972). [Reeves, 2001, pp. 508-510; Woodward, 2005, pp. 59-60] Author James Reston Jr. will write in 2007: “The strategy for the CIA to block the FBI’s investigation of the Mexican checks… was devised by Haldeman and Nixon. This was a clear obstruction of justice.” [Reston, 2007, pp. 33-34] The plan, concocted by Nixon campaign chief John Mitchell, is to have deputy CIA director Vernon Walters tell the new FBI Director, L. Patrick Gray, to, in the words of Nixon chief of staff H. R. Haldeman, “stay the hell out of this… this is, ah, business we don’t want you to go any further on it.” Nixon approves the plan. White House aide John Ehrlichman will later testify that he is the one tasked with carrying out Nixon’s command; Nixon tells Ehrlichman and Haldeman to have the CIA “curb the FBI probe.” [O.T. Jacobson, 7/5/1974 pdf file]
Nixon: FBI, CIA Should Back out of Investigation - In his discussion with Nixon, Haldeman says that “the FBI is not under control, because Gray doesn’t exactly know how to control them, and they have, their investigation is now leading into some productive areas, because they’ve been able to trace the money… and it goes in some directions we don’t want it to go.” Haldeman also says that the FBI has a witness in Miami who saw film developed from one of the Watergate burglaries (see Mid-June 1972). He tells Nixon that the FBI is not aware yet that the money for the burglars can be traced to Dahlberg, who wrote a $25,000 check that went directly to one of the Watergate burglars. That check is “directly traceable” to the Mexican bank used by the Nixon re-election campaign (CREEP). Haldeman says that he and Ehrlichman should call in both Gray and CIA Director Richard Helms and tell both of them to have their agencies back out of any investigation. Nixon agrees, saying that considering Hunt’s involvement: “that will uncover a lot of things. You open that scab there’s a hell of a lot of things and that we just feel that it would be very detrimental to have this thing go any further. This involves these Cubans, Hunt, and a lot of hanky-panky that we have nothing to do with ourselves.” Haldeman says he believes that Mitchell knew about the burglary as well, but did not know the operational details. “[W]ho was the assh_le who did?” Nixon asks. “Is it [G. Gordon] Liddy? Is that the fellow? He must be nuts.” Haldeman says Mitchell pressured Liddy “to get more information, and as [Liddy] got more pressure, he pushed the people harder to move harder on.…” Both Nixon and Haldeman think that the FBI may believe the CIA, not the White House, is responsible for the burglary; Nixon says: “… when I saw that news summary item, I of course knew it was a bunch of crap, but I thought ah, well it’s good to have them off on this wild hair thing because when they start bugging us, which they have, we’ll know our little boys will not know how to handle it. I hope they will though. You never know. Maybe, you think about it. Good!” A short time later in the conversation, Nixon instructs Haldeman to tell his staffers not to directly lie under oath about their knowledge of the burglary, but to characterize it as “sort of a comedy of errors, bizarre,” and warn the FBI that to continue investigating the burglary would “open the whole Bay of Pigs thing up again. And, ah, because these people are plugging for, for keeps and that they should call the FBI in and say that we wish for the country, don’t go any further into this case.… That’s the way to put it, do it straight.” [AMDOCS Documents for the Study of American History, 6/1993] Later in the day, both Walters and CIA Director Richard Helms visit Haldeman to discuss the situation. Helms says that he has already heard from Gray, who had said, “I think we’ve run right into the middle of a CIA covert operation.” Helms and Walters both agree to pressure Gray to abandon the investigation, but their efforts are ineffective; the assistant US attorney in Washington, Earl Silbert, is driving the investigation, not the FBI. [Reeves, 2001, pp. 508-510]
Gray: Improper Use of FBI - Soon after Nixon’s order, acting FBI Director L. Patrick Gray tells Nixon that his administration is improperly using the CIA to interfere in the FBI’s investigation of Watergate. Gray warns Nixon “that people on your staff are trying to mortally wound you.” Gray is himself sharing Watergate investigation files with the White House, but will claim that he is doing so with the approval of the FBI’s general counsel. [New York Times, 7/7/2005] It is unclear whether Gray knows that Nixon personally issued the order to the CIA. Soon after the order is issued, a number of the FBI agents on the case—15 to 20 in all—threaten to resign en masse if the order is carried out. One of the agents, Bob Lill, will later recall: “There was certainly a unanimity among us that we can’t back off. This is ridiculous. This smacks of a cover-up in itself, and we’ve got to pursue this. Let them know in no uncertain terms we’re all together on this. [T]his request from CIA is hollow.” [Woodward, 2005, pp. 189-191] No such mass resignation will take place. Because of evidence being classified and redacted (see July 5, 1974), it will remain unclear as to exactly if and how much the CIA may have interfered in the FBI’s investigation.
'Smoking Gun' - The secret recording of this meeting (see July 13-16, 1973), when revealed in the subsequent Watergate investigation, will become known as the “smoking gun” tape—clear evidence that Nixon knew of and participated in the Watergate cover-up. [Washington Post, 2008]

Entity Tags: Bob Lill, Vernon A. Walters, Earl Silbert, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon, G. Gordon Liddy, L. Patrick Gray, John Ehrlichman, Richard Helms, John Mitchell, Kenneth H. Dahlberg, H.R. Haldeman

Timeline Tags: Nixon and Watergate

President Nixon meets in his hideaway office in the Executive Office Building with his chief of staff, H. R. Haldeman. Their conversation is captured on Nixon’s secret taping system (see July 13-16, 1973). Haldeman reports that he has learned from his own secret source that there is a leak in the highest echelons of the FBI, a source apparently funnelling information to Washington Post reporters Bob Woodward and Carl Bernstein: “Mark Felt.” Felt, the deputy director of the bureau, is Woodward’s clandestine background source “Deep Throat” (see May 31, 2005). Haldeman warns Nixon not to say anything because it would reveal Haldeman’s source, apparently some “legal guy” at the Post. Besides, “[I]f we move on [Felt], he’ll go out and unload everything. He knows everything that’s to be known in the FBI.” According to White House counsel John Dean, there are no legal sanctions that can be taken against Felt, because Felt has broken no laws. Dean is worried that if the White House takes any action, Felt will “go out and get himself on network television.” Nixon snarls: “You know what I’ll do with him, the little b_stard. Well, that’s all I want to hear about it.” Haldeman tells Nixon that Felt wants to be director of the FBI. Nixon’s first question: “Is he Catholic?” “No sir, he’s Jewish,” Haldeman replies. “Christ, put a Jew in there?” Nixon asks. “Well, that could explain it too,” Haldeman observes. [Woodward, 2005, pp. 85-86] Acting director L. Patrick Gray will inform Felt of the White House’s suspicions in early 1973, leading Felt to strenuously deny the charge, but Gray will refuse White House demands to fire Felt. [Woodward, 2005, pp. 139]

Entity Tags: L. Patrick Gray, Carl Bernstein, Bob Woodward, Federal Bureau of Investigation, H.R. Haldeman, John Dean, Richard M. Nixon, W. Mark Felt, Nixon administration

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

Charles ‘Bebe’ Rebozo.Charles ‘Bebe’ Rebozo. [Source: Bettmann / Corbis]Herbert Kalmbach, President Nixon’s personal lawyer, has a confidential discussion with Nixon’s close friend, Florida millionaire Charles “Bebe” Rebozo. Rebozo tells Kalmbach that Nixon is uneasy about $100,000 in large campaign donations Rebozo made to the Nixon re-election campaign—two $50,000 donations, one given in 1969 and one in 1970. Rebozo was actually a middleman in the contributions, which originally came from Richard Danner, an executive with the Howard Hughes financial empire. While the contributions themselves are neither illegal nor controversial, Nixon is worried about the disposition of the money. Some of the money went to Nixon’s secretary, Rose Mary Woods; some went to Nixon’s two brothers, Donald Nixon and Edward Nixon; and some went to, in Rebozo’s words, “unnamed others.” Campaign donations can only be used for campaign expenses, not personal disbursements, and therefore, Rebozo’s money was likely used illegally. Rebozo has a meeting scheduled with the Internal Revenue Service to discuss the contributions. He wants advice on what to tell them. Kalmbach advises Rebozo to come clean with the IRS, but Rebozo balks. “This touches the president and the president’s family,” he says, “and I just can’t do anything to add to his problems at this time.” Kalmbach checks with a friend, Stanley Ebner, the general counsel of the Office of Management and Budget, speaking strictly hypothetically; Ebner gives the same advice as Kalmbach had. But, when Kalmbach meets a second time with Rebozo, the millionaire no longer seems concerned. Kalmbach will later testify, “I had the feeling that he had made up his mind on what to do before that meeting, and cut me short when he found that I had not come up with a more acceptable alternative” (see Early May, 1974). In January, Rebozo will tell Kalmbach an entirely different story. He had never given any of the money to the Nixon campaign after all, he will claim; instead, he had found all the money in a safe-deposit box, still in its original wrappers. Senate investigators will find that the money in Rebozo’s safe-deposit box was actually supplied as a cover by another Nixon millionaire friend, Robert Abplanalp. [Time, 5/6/1974]

Entity Tags: Office of Management and Budget, Edward Nixon, Donald Nixon, Charles ‘Bebe’ Rebozo, Herbert Kalmbach, Internal Revenue Service, Richard M. Nixon, Stanley Ebner, Richard Danner, Howard Hughes, Rose Mary Woods, Robert Abplanalp

Timeline Tags: Nixon and Watergate

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

’Newsweek’ cover on the revelation of the White House taping system.’Newsweek’ cover on the revelation of the White House taping system. [Source: Ideobook.net]White House aide Alexander Butterfield shocks the Senate Watergate Committee with his revelation of a secret recording system in the White House. Butterfield reveals that since 1971, President Nixon has been recording every conversation and telephone call in the Oval Office. [Gerald R. Ford Library and Museum, 7/3/2007] Butterfield is actually the aide who, at Nixon’s request, had the taping system installed. [Sussman, 1974] He is now the administrator of the Federal Aviation Administration.
Taping System Installed in 1970 at Nixon's Behest - Butterfield says the taping system was installed in the spring or summer of 1970, but corrects his testimony after committee chairman Sam Ervin reads him a letter from Nixon lawyer Fred Buzhardt stating that the first time the system was used was the spring of 1971; Butterfield then says the system was installed at that time (see February 1971). The system was installed and operated by Secret Service agents. Asked why Nixon would have such a system, Butterfield replies, perhaps ingenuously, “There was no doubt in my mind they were installed to record things for posterity, for the Nixon library.” Committee counsel Samuel Dash says the committee will request selected tapes to hear for themselves. Watergate prosecutor Archibald Cox is also expected to request some of the tapes. Dash acknowledges that two other Nixon aides, H. R. Haldeman and Lawrence Higby, were also asked about the existence of the taping system, but both have refused to confirm the existence of the device. [Washington Post, 7/17/1973] Secretary of State Henry Kissinger’s deputy, Alexander Haig, also knew of the taping system, but Kissinger himself did not know. Former White House counsel John Dean suspected that such a system existed. [Bernstein and Woodward, 1974, pp. 331]
'Small Fry' - Butterfield is described by one reporter as a “small fry,” the man responsible for keeping Nixon’s schedule and handling paper flow. On July 13, three committee staff members prepare Butterfield for his public testimony of July 16. They ask whether there is a White House recording system, but are not prepared for Butterfield’s answer, or the ramifications of his admission. Butterfield makes the same admission three days later, in open testimony before the committee and the television cameras, and in more detail. [Houston Chronicle, 6/7/1997] Butterfield explains his reluctance to discuss the recording system by saying, “It is very obvious that this could be—I cannot say that any longer—is embarrassing to our government.” [Washington Post, 7/17/1973]
No Longer Dean's Word Against Nixon's - During preparation, when the staff members ask Butterfield how the White House could have such detailed knowledge of the conversations, Butterfield replies: “I was hoping you guys wouldn’t ask me that.… Well, yes, there’s a recording system in the White House.” Nixon had had five voice-activated microphones placed in his desk in the Oval Office and two in wall lamps by the office fireplace, Butterfield reveals. More were in the Cabinet Room, Nixon’s “hideaway” office in the Old Executive Office Building, and even at Camp David, the presidential retreat. Before Butterfield’s testimony, Nixon and his top legal advisers felt they could duck and deny the worst charges against them. They feel that much of the Watergate imbroglio boils down to Nixon’s word against White House whistleblower John Dean (who had informed the committee that he suspected a recording system existed), and as Haig, who succeeded Haldeman as Nixon’s chief of staff, told Nixon: “Nobody in Congress likes [Dean]. We can take the son of a b_tch on.” Few in the White House know of Nixon’s secret and extensive taping system. Although senior Nixon aide H. R. Haldeman had told the few aides who do know of the system to invoke executive privilege and refuse to discuss it, Haig quietly told at least one aide, his former deputy Lawrence Higby, to “tell the truth” if asked under oath. Nixon’s lawyers had effectively rebutted Dean’s earlier testimony when Buzhardt secretly supplied a sympathetic Senate lawyer with highly detailed, nearly verbatim accounts of Nixon and Dean’s private conversations—accounts drawn from the secret tapes. Haig will later claim to be “shocked” at Butterfield’s revelation, saying, “It never occurred to me that anyone in his right mind would install anything so Orwellian as a system that never shut off, that preserved every word, every joke, every curse, every tantrum, every flight of presidential paranoia, every bit of flattery and bad advice and tattling by his advisers.” In reality, Haig had known of the system for months before Butterfield’s testimony, and had advised Nixon to have the tapes destroyed before the Watergate prosecutors could get their hands on them. [Washington Post, 7/17/1973; Werth, 2006, pp. 81-82] “Without the tapes,” reporter Mike Feinsilber will write in 1997, “it was unlikely Nixon would have had to give up the presidency.” [Houston Chronicle, 6/7/1997] Butterfield was considered so unimportant that, had Washington Post reporters Bob Woodward and Carl Bernstein not pressured committee lawyers to interview him, the committee may not have bothered with him. [Bernstein and Woodward, 1974, pp. 330-331]

Entity Tags: H.R. Haldeman, Mike Feinsilber, John Dean, Alexander M. Haig, Jr., Lawrence Higby, Alexander Butterfield, Fred Buzhardt, Senate Watergate Investigative Committee, Richard M. Nixon, Nixon administration

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

Bo Burlingame, a former member of the radical antiwar group the Weather Underground, interviews former Nixon White House aide Tom Charles Huston, the author of the notorious, unconstitutional “Huston Plan” (see July 14, 1970). Huston is just coming off a speech to a conservative audience in which he said that his plan, and Nixon’s attempt to seize executive power at the expense of Congress and the Constitution, was excessive and mistaken (see Late 1973). Huston, a lawyer, a former Army intelligence officer, and an early leader of the Indiana chapter of the conservative extremist group Young Americans for Freedom, tells Burlingame that he found an interesting parallel between his group of right-wing extremists and Burlingame’s left-wing extremists: “I was interested to learn that you people were frustrated because nobody was listening to you. You know, we felt the same thing at the White House. It seemed as if a momentous crisis was at hand, and nobody was aware of it or cared.”
Coup d'Etat Begins with Creation of Fear in Populace - Huston is contemptuous and dismissive of many of his former White House colleagues, particularly Richard Nixon. “Frankly, I wouldn’t put anything past him and those damn technocrats,” he says of Nixon and his senior aides. “[Y]ou can’t begin to compete with the professional Nixonites when it comes to deception.… If Nixon told them to nationalize the railroads, they’d have nationalized the railroads. If he’d told them to exterminate the Jews, they’d have exterminated the Jews.” He took a position with the White House in January 1969 “believing that things were finally going to be set straight.”
Disillusioned - Huston became increasingly disillusioned with the lack of idealism in the Nixon White House, and left after deciding that Nixon and his top officials were less interested in implementing true conservative reforms and more interested in merely accumulating power. The Nixon team was an apolitical, power-hungry bunch “whose intellectual tradition is rooted in the philosophy of [marketing and advertising guru] J. Walter Thompson.… This administration has done more to debauch conservative values than anything else in recent history.”
Fear and Repression - Considering his plan to abrogate the fundamental rights of hundreds of thousands of Americans, Huston seems quite supportive of those rights even in the face of national danger. “The real threat to national security is repression,” he had told a New York Times interviewer not long before the Burlingame interview. “A handful of people can’t frontally overthrow the government. But if they can engender enough fear, they can generate an atmosphere that will bring out every repressive demagogue in the country.”
Explaining the Huston Plan - Huston explains the rationale behind his radically repressive plan, telling Burlingame that the country was on the brink of mass insurrection and the FBI under J. Edgar Hoover was not doing nearly enough to combat the civil rights and antiwar protesters, particularly groups like the Black Panthers and Burlingame’s Weather Underground. By early 1970, many in the White House were ready to ease Hoover out of power; when, shortly thereafter, the mass protests against the Cambodia bombings (see February 23-24, 1969 and April 24-30, 1970) and the Jackson State and Kent State shootings (see May 4-5, 1970) occurred, Huston and others at the White House thought there was a far more organized and systematic underground, left-wing revolution going on than they had evidence to document. “We just didn’t believe we were getting the whole story,” he says.
Removing Hoover - Getting rid of Hoover and replacing him with someone more amenable to the White House’s agenda was the first goal, Huston says. The June 1970 “Interagency Committee on Intelligence” (see June 5, 1970) was designed to maneuver around Hoover and have him implicitly authorize counter-insurrection methods that he had always opposed, including “surreptitious entry” and “covert mail coverage.” The committee was the genesis of the Huston Plan. But Hoover stops the plan in its tracks by going through Attorney General John Mitchell. Whatever he said to Mitchell is not known, but Mitchell chewed out Huston and saw to it that the plan was terminated. Huston says that the unit of illegal campaign operatives later known as the “Plumbers” (see July 20, 1971) stems in part from the White House’s inability to force Hoover from power. Had Hoover made the FBI available to conduct the illegal burglaries and surveillances that Nixon wanted done—had Nixon supported the Huston Plan—the Plumbers would have never come into existence. “I find that totally indefensible,” Huston observes.
Ethical Confusion - Burlingame is bemused by Huston’s apparent ethical schizophrenia—on the one hand, Huston has come out strongly for constitutional freedoms, and on the other hand is now saying that his plan, which he himself has long admitted was blatantly illegal, would have avoided the entire Watergate contretemps and would have worked to bring the country into line. In fact, Huston asserts, he believed at the time that the Watergate conspiracy was completely legal. “I took the view that in internal security matters the president had the right to infringe on what would, in other circumstances, be constitutional rights, but that decision encompassed a decision that you forfeit the right to prosecute.” This view is why he left the Justice Department entirely out of the loop on his plan, he says.
Deliberately Keeping outside the Framework of the Law - The entire Huston plan would have never been used for anything except intelligence-gathering, he says. It was necessary for the plan to be exercised outside the structure of US law, he says. “[Y]ou don’t want a constitutional or legal mandate,” he says. “You don’t want to institutionalize the excesses required to meet extraordinary threats. The law just can’t anticipate all the contingencies.” He now thinks that he went too far with pushing for extraordinary powers; that if Hoover could have been eased out of power, the FBI could have done what needed doing without breaking the law. Burlingame writes that he cannot help but think that Huston is employing “tortured legalisms” to “cover his flank,” and questions Huston’s portrait of himself as an increasingly marginalized conservative idealist who became so disillusioned with the amoral power-mad bureaucrats of the Nixon administration that he walked out rather than further jeopardize his own principles. [Harper's, 10/1974]

Entity Tags: John Mitchell, Bo Burlingame, Black Panthers, ’Plumbers’, Federal Bureau of Investigation, J. Walter Thompson, Young Americans for Freedom, J. Edgar Hoover, Tom Charles Huston, US Department of Justice, Weather Underground, Nixon administration, Richard M. Nixon

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

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

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

Advertisement for Nixon/Frost interviews.Advertisement for Nixon/Frost interviews. [Source: Bamboo Trading (.com)]Former President Richard Nixon, generally acknowledged as having bested his interviewer David Frost in the first rounds of interviews (see April 6, 1977), now defends his support for the infamous Huston Plan, admitted by the plan’s author himself to be illegal in its breathtaking contempt for civil liberties and the rule of Constitutional law. Former Watergate prosecutor Philip Lacovara had told Frost’s aide James Reston Jr. that it was surprising Huston was not taken out and shot. Reston will write acidly: “Not only was Tom Charles Huston not taken out and shot, the plan was calmly considered and signed by Nixon, and was in force for a week, until J. Edgar Hoover objected on territorial rather than philosophical grounds (see July 26-27, 1970). Only then was approval rescinded (although many felt it remained in effect under the code name COINTELPRO).” Reston will write that, during this interview, Nixon paints a picture of an America engulfed in armed insurrection, a portrait so convincing that the Huston Plan actually seems a rational response. Frost fails to press the point that the antiwar protests were largely nonviolent and not a threat to national security. [Reston, 2007, pp. 102-105] Frost does ask that if this was indeed so vital to national security, why not ask Congress to make such acts legal? “In theory,” Nixon replies, “this would be perfect, but in practice, it won’t work.” It would merely alert the targeted dissenters and raise a public outcry. [Time, 5/30/1977] This part of the interview sessions will be aired on May 19, 1977. [Landmark Cases, 8/28/2007]

Entity Tags: David Frost, Philip Lacovara, J. Edgar Hoover, Tom Charles Huston, Richard M. Nixon, James Reston, Jr

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

Former Nixon White House aide John Ehrlichman reviews his former colleague H. R. Haldeman’s new book about Watergate, The Ends of Power (see February 1978). Ehrlichman is dismissive of the book, calling it “full of… dramatic hyperbole, overstatement and stereotype[s]…” Ehrlichman says some passages in the book are “full of poison [and] factual errors which impeach its substance.” He writes: “Four or five times the reader is told that Bob Haldeman is a direct, unvarnished, no-nonsense b_stard who always tells it like it is. That is the Haldeman I remember. But time after time, the accounts of Watergate events in his book are couched in the vague terms of the diplomat who is walking on eggs.” Ehrlichman writes of his surprise to learn that Nixon probably ordered the burglary of “Pentagon Papers” leaker Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971), though he notes that Nixon “instantly voiced his approval of it” when Ehrlichman told him of the impending operation (see September 8, 1971). Ehrlichman accuses Haldeman of misquoting him, and sometimes making up statements supposedly said by Ehrlichman out of whole cloth. Ehrlichman concludes: “With all its factual inaccuracies, the book does give valid and important insights to anyone interested in the Nixon mystery. Unfortunately, these revelations are unduly restrained and limited in scope. Bob Haldeman was in a unique position to write a truly valuable book about Richard Nixon. I hope that The Ends of Power is not his last word. [Time, 3/6/1978] A Time magazine article calls it “a second-rate book.” [Time, 3/6/1978]

Entity Tags: John Ehrlichman, Daniel Ellsberg, H.R. Haldeman, Richard M. Nixon, Nixon administration

Timeline Tags: Nixon and Watergate

The Foreign Intelligence Surveillance Court (FISC) turns down the Justice Department’s bid for sweeping new powers to monitor and wiretap US citizens. FISC judges rule that the government has misused the law and misled the court dozens of times. The court finds that Justice Department and FBI officials supplied false or misleading information to the court in over 75 applications for search warrants and wiretaps, including one signed by then-FBI director Louis Freeh. While the court does not find that the misrepresentations were deliberate, it does rule that not only were erroneous statements made, but important information was omitted from some FISA applications. The judges found so many inaccuracies and errors in FBI agent Michael Resnick’s affidavits that they bar him from ever appearing before the court again. The court cites “the troubling number of inaccurate FBI affidavits in so many FISA applications,” and says, “In virtually every instance, the government’s misstatements and omissions in FISA applications and violations of the Court’s orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors.” The court is also unhappy with the Justice Department’s failure to answer for these errors and omissions, writing, “How these misrepresentations occurred remains unexplained to the court.” The court finds that in light of such impropriety, the new procedures proposed by Attorney General John Ashcroft in March would give prosecutors too much control over counterintelligence investigations, and would allow the government to misuse intelligence information for criminal cases. The ruling is a severe blow to Ashcroft’s attempts since the 9/11 attacks to allow investigators working in terrorism and espionage to share more information with criminal investigators. (These limitations were put in place after the Church Commission’s findings of massive fraud and misuse of domestic surveillance programs during the 1950s, 60s, and 70s. See April, 1976, January 29, 1976, and December 21, 1974). The Justice Department says of the decision, “We believe the court’s action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us.” Interestingly, the Justice Department also opposed the public release of FISC’s decision not to grant the requested powers. Stewart Baker, former general counsel of the NSA, calls the opinion “a public rebuke. The message is you need better quality control. The judges want to ensure they have information they can rely on implicitly.” Bush officials have complained since the 9/11 attacks that FISA requirements hamper the ability of law enforcement and intelligence agents to track terrorist suspects, including alleged hijacking conspirator Zacarias Moussaoui (see August 16, 2001). Those requirements mandate that agents must show probable cause that the subject of a search or wiretap is an agent of a foreign government or terrorist group, and, because FISA standards for obtaining warrants is far lower than for ordinary criminal warrants, mandate strict limits on the distribution of information secured from such investigations. The FBI searched Moussaoui’s laptop computer and other belongings without a FISA warrant because some officials did not believe they could adequately show the court that Moussaoui had any connections to a foreign government or terrorist group. In its ruling, FISC suggests that if the Justice Department finds FISA too restrictive, they should ask Congress to update the law. Many senators on the Judiciary Committee say they are willing to enact such reforms, but have complained of resistance from Ashcroft and a lack of cooperation from the Bush administration. [Washington Post, 8/23/2002] In November 2002, the Foreign Intelligence Surveillance Court of Review will overturn the FISC decision and give the Justice Department what it asked for (see November 18, 2002).

Entity Tags: Foreign Intelligence Surveillance Court, Federal Bureau of Investigation, Charles Grassley, US Department of Justice, Stewart Baker, Zacarias Moussaoui, National Security Agency, John Ashcroft, Church Commission, USA Patriot Act, Louis J. Freeh, Michael Resnick

Timeline Tags: Civil Liberties

The Sixth US Court of Appeals in Cincinnati unanimously rejects the Bush administration’s claim for blanket secrecy regarding immigration court proceedings (see September 21, 2001). In a 3-0 ruling, the court rules in Detroit Free Press v. Ashcroft that the administration’s secret deportation-hearing policy goes too far in restricting the public’s right to know what the government is doing. Selectively closing individual deportation hearings for national security reasons might be justifiable, the court rules, but the government cannot simply sequester all such hearings. Appeals court judge Damon Keith, a Carter appointee, writes: “In an area such as immigration, where the government has nearly unlimited authority… the press and the public serve as perhaps the only check on abusive government practices.… The executive branch seeks to uproot people’s lives, outside the public eye and behind a closed door. Democracies die behind closed doors. The First Amendment, through a free press, protects the people’s right to know that their government acts fairly, lawfully, and accurately in deportation proceedings. When the government begins closing doors, it selectively controls information rightly belonging to the people. Selective information is misinformation. The Framers of the First Amendment did not trust any government to separate the true from the false for us. They protected us against secret government.” Keith is well known for his widely cited ruling of 30 years before against a government program of warrantless wiretapping (see June 19, 1972). [Savage, 2007, pp. 95] Another appeals court will rule in favor of the Bush administration in a separate lawsuit on the same issue (see October 2, 2002).

Entity Tags: Damon Keith, US Department of Justice, Detroit Free Press

Timeline Tags: Civil Liberties

In his State of the Union address, President Bush insists that his authority to wiretap Americans’ phones without warrants (see December 15, 2005 and December 18, 2005) is validated by previous administrations’ actions, saying that “previous presidents have used the same constitutional authority I have.” He fails to note that those presidents authorized warrantless wiretaps before court orders were required for such actions (see June 19, 1972 and 1973). Since the Foreign Intelligence Surveillance Act passed (see 1978), no president except Bush has ever defied the law. Law professor David Cole calls Bush’s assertion of authority “either intentionally misleading or downright false.” Fellow law professor Richard Epstein predicts that the Supreme Court will strike down any such assertions, if it ever addresses the issue. “I find every bit of this legal argument disingenuous,” he says. Even many conservatives refuse to support Bush, with columnist George Will calling his arguments “risible” and a “monarchical doctrine” that is “refuted by the plain text of the Constitution.” David Keene, the chairman of the American Conservative Union, says the legal powers claimed by Bush and his officials can be used to justify anything: “Their argument is extremely dangerous.… The American system was set up on the assumption that you can’t rely on the good will of people with power.” Conservative activist Grover Norquist says flatly, “There is no excuse for violating the rule of law.” And former Justice Department official Bruce Fein says Bush and his officials have “a view that would cause the Founding Fathers to weep. The real conservatives are the ones who treasure the original understanding of the Constitution, and clearly this is inconsistent with the separation of powers.” Even former George H. W. Bush official Brent Scowcroft says that Bush’s interpretation of the Constitution is “fundamentally in error.” [Savage, 2007, pp. 203-204]

Entity Tags: David D. Cole, Brent Scowcroft, American Conservative Union, Bruce Fein, Richard Epstein, Grover Norquist, Foreign Intelligence Surveillance Act, David Keene, George Will, George W. Bush

Timeline Tags: Civil Liberties

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