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Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

Koch Industries logo.Koch Industries logo. [Source: Koch Industries / Wikipedia]Oil magnate Fred Koch co-founds Wood River Oil and Refining Company, later renamed Koch Industries. The firm will grow to become one of the largest energy conglomerates in the US, and Koch will become an influential backer of right-wing politics. Koch is a virulent anti-Communist who will be one of the first members of the John Birch Society (JBS—see March 10, 1961 and December 2011), a far-right organization that reflects his hatred of Communism (he believes both the Republican and Democratic parties are irretrievably infilitrated by Communists) and opposes almost every aspect of governance in general. Koch will write glowingly of Italian dictator Benito Mussolini’s murderous suppression of Communists during World War II. Both Koch and the JBS have little use for minorities; of African-Americans, Koch will write, “The colored man looms large in the Communist plan to take over America,” and he will say that government welfare programs were designed to attract large numbers of blacks to the cities, where they would foment “a vicious race war.” In 1963, using language that reporter Jane Mayer will later say “prefigures the Tea Party’s talk of a secret socialist plot,” Koch will warn that Communists would “infiltrate the highest offices of government in the US until the president is a Communist, unknown to the rest of us.” Koch’s two sons, David and Charles, will have their father’s political views deeply ingrained into them (see August 30, 2010). In 2007, David Koch will tell a reporter: “He was constantly speaking to us children about what was wrong with government.… It’s something I grew up with—a fundamental point of view that big government was bad, and imposition of government controls on our lives and economic fortunes was not good.” Gus diZerega, once a close friend of Charles’s, will later say that the brothers transfer their father’s hatred of Communism to the US government, which they will come to view as a tyranny. DiZerega will write that the Kochs, like many other hard-right conservatives, redefine “socialism” as almost any form of government which taxes citizens and regulates businesses. [New Yorker, 8/30/2010]

Entity Tags: Jane Mayer, Fred Koch, Koch Industries, David Koch, Gus diZerega, John Birch Society, Charles Koch

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

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

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: US-Cuba (1959-2005)

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

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: US-Cuba (1959-2005)

Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade.Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade. [Source: Spartacus Schoolnet (.com)]The John Birch Society (JBS—see March 10, 1961 and December 2011), an anti-Communist organization that embraces racist and white supremacist ideologies, distrubutes posters throughout Dallas accusing President Kennedy of committing treason against the United States. The poster distribution is timed to coincide with Kennedy’s visit to Dallas, where he is scheduled to drive through the city in a motorcade on November 22. Kennedy will be assassinated during that motorcade. The poster, designed to appear as a “Wanted” notice, enumerates the following “charges” against Kennedy:
bullet “Betraying the Constitution (which he swore to uphold). He is turning the sovereignty of the US over to the Communist controlled United Nations. He is betraying our friends (Cuba, Katanga, Portugal) and befriending our enemies (Russia, Yugoslavia, Poland).”
bullet “He has been WRONG on innumerable issues affecting the security of the US (United Nations, Berlin Wall, Missile Removal, Cuba, Wheat deals, Test Ban Treaty, etc.).”
bullet “He has been lax in enforcing the Communist Registration laws.”
bullet “He has given support and encouragement to the Communist-inspired racial riots.”
bullet “He has illegally invaded a sovereign State with federal troops.”
bullet “He has consistently appointed Anti-Christians to Federal office. Upholds the Supreme Court in Anti-Christian rulings. Aliens and known Communists abound in Federal offices.”
bullet “He has been caught in fantastic LIES to the American people (including personal ones like his previous marriage and divorce).” [Spartacus Schoolnet, 2008]

Entity Tags: John F. Kennedy, United Nations, John Birch Society

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

The NSA launches the first of seven satellites, code-named “Canyon,” that can pick up various types of voice and data traffic from Earth orbit. Canyon will lead to a more sophisticated satellite intelligence system, code-named “Rhyolite” (later “Aquacade”—see Early 1970s). [Federation of American Scientists, 7/17/1997]

Entity Tags: Rhyolite, National Security Agency, Canyon

Timeline Tags: Civil Liberties

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

Two National Security Council assistants, Richard Moose and Richard Sneider, are wiretapped by the FBI as part of President Nixon and Henry Kissinger’s attempt to seal media leaks (see May 1969). [Reeves, 2001, pp. 86]

Entity Tags: Richard Sneider, Richard Moose, Richard M. Nixon, Federal Bureau of Investigation, Henry A. Kissinger

Timeline Tags: Civil Liberties, Nixon and Watergate

The press reports an upcoming announcement of US troop withdrawals from Vietnam. President Nixon, convinced that the media leaks (see May 1969) are coming from the National Security Council, decides to stop holding NSC meetings entirely. Instead, he and National Security Adviser Henry Kissinger will decide national security matters between themselves, in secret. [Reeves, 2001, pp. 86]

Entity Tags: Henry A. Kissinger, National Security Council, Richard M. Nixon

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

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

Timeline Tags: Nixon and Watergate

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

Entity Tags: Daniel Ellsberg

Timeline Tags: Nixon and Watergate

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

Eugenio Martinez.Eugenio Martinez. [Source: public domain]President Nixon’s “Plumbers” unit, tasked to plug media leaks from administration officials and outsiders to the media, burglarizes the Los Angeles office of psychiatrist Lewis Fielding to find damaging information on Daniel Ellsberg, the former defense analyst and patient of Fielding who leaked the “Pentagon Papers” to the media. [Gerald R. Ford Library and Museum, 7/3/2007] Ellsberg is a former Marine captain in Vietnam and protege of Henry Kissinger who had a change of heart over the war; he then leaked a secret set of Pentagon documents to the New York Times detailing how the Kennedy and Johnson administrations had secretly escalated the war in Vietnam (see June 13, 1971).
Watergate Connection - One of the burglars is Eugenio Martinez, who later is arrested as one of the five Watergate burglars (see 2:30 a.m.June 17, 1972). Martinez and two others—Felipe de Diego and the mission leader, E. Howard Hunt, who will supervise the Watergate burglary—are all old “CIA hands” heavily involved in anti-Castro activities. Martinez is still active in the CIA, as is Hunt, whom he often refers to by his old CIA code name of “Eduardo.” Another Watergate burglar, CIA agent Bernard Barker, is also involved in the Ellsberg burglary.
Martinez: Burglary a Near-Disaster - Hunt tells Martinez and Diego that they are to burglarize the offices of a “traitor” who is spying for the Soviet Union, and that the mission was ordered by the White House, where Hunt is now an aide. Barker tells the Cubans, “We have to find some papers of a great traitor to the United States, who is a son of a b_tch .” The men will become a unit outside the normal law enforcement and intelligence channels, operating within but not part of the CIA, FBI, and “all the agencies,” Martinez will later recall. They buy photographic equipment at Sears, and Hunt and Diego use disguises—wigs, fake glasses, false identification, and voice-altering devices. “Barker recognized the name on Hunt’s false identification—Edward J. Hamilton—as the same cover name Eduardo had used during the Bay of Pigs,” Martinez will recall. The planning, Martinez will recall, is far looser and less meticulous than “anything I was used to in the [CIA].” A disguised Hunt and Diego, masquerading as delivery men, deliver the photographic equipment to the office; later that night, they and Martinez break in and rifle the office. Martinez will write that Hunt and de Diego looked “kind of queerish” in their disguises, with their “Peter Lorre-type glasses, and the funny Dita Beard wigs” (see February 22, 1972). Before the break-in, Barker, who does not enter, whispers to Martinez, “Hey, remember this name—Ellsberg.” Martinez does not recognize the name. [Harper's, 10/1974; Reeves, 2001, pp. 369]
Comedy of Errors - The burglars wait for hours until the cleaning lady leaves for the night, and find the door to the building locked. At that point, a fifth man, “George,” whom Martinez learns is G. Gordon Liddy, another of the Watergate burglars also involved in the Ellsberg planning, appears and tells them to break in through a window. [Harper's, 10/1974] Three burglars—Bernard Barker, Felipe de Diego, and Eugenio Martinez—perform the actual break-in, while Hunt and Liddy act as lookouts. [Reeves, 2001, pp. 369] The burglary is quickly turning into a comedy of errors, Martinez will recall. “This was nothing new. It’s what the Company did in the Bay of Pigs when they gave us old ships, old planes, old weapons. They explained that if you were caught in one of those operations with commercial weapons that you could buy anywhere, you could be said to be on your own. They teach you that they are going to disavow you. The Company teaches you to accept those things as the efficient way to work. And we were grateful. Otherwise we wouldn’t have had any help at all. In this operation it seemed obvious—they didn’t want it to be traced back to the White House. Eduardo told us that if we were caught, we should say we were addicts looking for drugs.” Martinez finds nothing concerning Ellsberg in the office except for Fielding’s telephone book, which Martinez photographs. Before leaving, Martinez spills some pills from Fielding’s briefcase—“vitamin C, I think”—over the floor to make it seem as if the burglars had broken in looking for drugs. As they leave the office, Martinez spots a police car trailing them, but they are not stopped. “I thought to myself that the police car was protecting us. That is the feeling you have when you are doing operations for the government. You think that every step has been taken to protect you.”
Failure; Training for Bigger Mission? - Martinez feels that the burglary is a failure, but Hunt insists that they celebrate anyway. Martinez tells Diego that the break-in must either be a training exercise for a more important mission to come, or it was a cover operation for something else. “I thought to myself that maybe these people already had the papers of Ellsberg. Maybe Dr. Fielding had given them out and for ethical reasons he needed to be covered. It seemed that these people already had what we were looking for because no one invites you to have champagne and is happy when you fail,” he will write. Martinez’s CIA supervisor is strangely uninterested in the incident. “I was certain then that the Company knew about his activities,” Martinez will write. “But once again my CO did not pursue the subject.” [Harper's, 10/1974] Hunt telephones Plumbers supervisor Egil Krogh at 4 a.m. to report that the burglary was a success but they found no files on Ellsberg. [Reeves, 2001, pp. 369]

Entity Tags: ’Plumbers’, Dita Beard, Central Intelligence Agency, E. Howard Hunt, Daniel Ellsberg, Richard M. Nixon, Egil Krogh, Henry A. Kissinger, Eugenio Martinez, Lewis Fielding, Felipe de Diego, Federal Bureau of Investigation, G. Gordon Liddy, Fidel Alejandro Castro Ruz

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

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

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

Frank Sturgis, one of the Watergate burglars.Frank Sturgis, one of the Watergate burglars. [Source: Bettmann / Corbis]A covert unit of President Nixon’s “Plumbers” installs surveillance equipment in the headquarters of the Democratic National Committee in Washington’s Watergate hotel and office complex. The Washington police report an attempt to unscrew a lock on the door of the Committee’s office between 11 p.m. and 8 a.m., but do not know as yet who tried to force the lock. Some of the five men caught burglarizing the same offices six weeks later (see 2:30 a.m.June 17, 1972) are currently registered at the Watergate Hotel, according to subsequent police investigations. [Washington Post, 6/18/1972; Gerald R. Ford Library and Museum, 7/3/2007]
Change of Plans - According to one of the burglary team (see April-June 1972), Eugenio Martinez, the original plan centers on a fake “banquet” in the Watergate hotel for their fake company, the Ameritus Corporation, to be held in a private dining room that has access to the elevators. While team leader and White House aide E. Howard Hunt hosts the banquet, Martinez and the other burglars will use the elevator to go to the DNC offices and “complete the mission.” Virgilio Gonzalez, a locksmith, will open the door; Frank Sturgis, Reinaldo Pico, and Felipe de Diego will act as lookouts; Bernard Barker will get the documents; Martinez will take photographs; and James McCord will “do his job,” apparently involving electronics that Martinez does not understand.
First Time Failure - Apparently they do not follow their plan. Instead, Hunt and the seven members of what Martinez calls “McCord’s army” enter the Watergate complex at midnight, and they enter and sign in under the eye of a policeman. McCord explains that they are all going to work at the Federal Reserve offices on the eighth floor, an explanation Martinez feels is shaky. They are unable to get in through the doors of the sixth floor, and are forced to cancel the operation. Martinez recalls that while the others attempt to get in to the sixth floor, McCord is busy doing something else on the eighth floor; at 2 a.m., he sees McCord on the eighth floor talking to two guards. What McCord is doing, Martinez does not know. “I did not ask questions, but I thought maybe McCord was working there,” he will later recall. “It was the only thing that made sense. He was the one who led us to the place and it would not have made sense for us to have rooms at the Watergate and go on this operation if there was not someone there on the inside.” Hunt is furious at the failure to get into the DNC offices, and reschedules the operation for the next night. Gonzales flies to Miami and brings back his entire set of lockpicking tools. Martinez questions the laxity of the plan—the lack of floor plans, information about the elevators, knowledge of the guards’ schedules, and no contingency plans for failure. Hunt tells him, through Barker: “You are an operative. Your mission is to do what you are told and not to ask questions.”
Success - The second try is successful. Gonzalez and Sturgis get through the doors and usher everyone in, with one of them calling over their walkie-talkie, “The horse is in the house.” Martinez recalls taking “thirty or forty” photographs of campaign contributor documents, and McCord plants three phone taps, telling the others that while the first two might be discovered, the third will not. They return to their hotel rooms about 5 a.m. [Harper's, 10/1974]

Entity Tags: Reinaldo Pico, US Federal Reserve, Richard M. Nixon, Felipe de Diego, Democratic National Committee, Bernard Barker, ’Plumbers’, Frank Sturgis, James McCord, E. Howard Hunt, Eugenio Martinez

Timeline Tags: Civil Liberties, Nixon and Watergate, Elections Before 2000

Prosecutor Earl Silbert.Prosecutor Earl Silbert. [Source: Washington Post]The five men caught burglarizing the Democratic National Committee’s headquarters in the Watergate hotel (see 2:30 a.m.June 17, 1972) are arraigned in a Washington, DC, city court on charges of felony burglary and possession of implements of crime. All five originally gave the police false names. [Washington Post, 6/18/1972] The real identities of the five are:
bullet Bernard Barker of Miami, a Cuban-American whom Cuban exiles say has worked on and off for the CIA since the 1961 Bay of Pigs invasion. Barker was one of the principal leaders of the Cuban Revolutionary Council, the exile organization established with CIA help to organize the Bay of Pigs invasion. Barker’s wife reportedly told attorney Douglas Caddy, one of the team’s lawyers, that, as Caddy says, “her husband told her to call me if he hadn’t called her by 3 a.m.: that it might mean he was in trouble.” [Washington Post, 6/18/1972; Washington Post, 6/19/1972] Barker owns a Miami real estate firm, Barker & Associates. [O.T. Jacobson, 7/5/1974 pdf file]
bullet Virgilio Gonzalez, a Miami locksmith of Cuban extraction. Gonzalez’s boss, Harry Collot, says Gonzalez came to the US about the time Fidel Castro became well-known, and is an ardent opponent of the Castro regime. Collot describes Gonzalez as “pro-American and anti-Castro… he doesn’t rant or rave like some of them do.”
bullet Eugenio Martinez, a real estate agent from Miami, who authorities say is active in anti-Castro activities in Florida, and violated US immigration laws in 1958 by flying a private plane to Cuba.
bullet James W. McCord, the security director for the Committee for the Re-election of the President (CREEP). McCord initially identifies himself as “Edward Martin,” a former CIA agent and “security consultant” who resides in New York City and possibly the DC area. Neither the police or the press are aware, at the moment, of McCord’s true identity (see June 19, 1972).
bullet Frank Sturgis, a former Cuban army intelligence officer, mercenary, and now the agent for a Havana salvage firm in Miami. Sturgis uses the alias “Frank Florini” during the arraignment. “Fiorini” was identified in 1959 by the Federal Aviation Agency as the pilot of a plane that dropped anti-Castro leaflets over Havana. Previous news reports describe “Fiorini” as a “soldier of fortune” and the former head of the International Anti-Communist Brigade, an organization formed after the disastrous Bay of Pigs invasion of 1962. The Brigade trained and ferried 23 Cuban exiles into Cuba, where they began guerrilla operations against Castro. “Florini” reportedly fought with, not against, Castro during the Cuban revolution and was originally slated to be named overseer of Cuba’s gambling operations before Castro shut down Cuba’s casinos. Apparently, Sturgis is involved in trying to orchestrate Miami Cubans to demonstrate against the Democratic National Convention, to be held in Miami in July. Sturgis is also involved in the John Birch Society and the Reverend Billy James Hargis’s Christian Crusade.
During their arraignment, one of the burglars describes the team as “anti-Communists,” and the others nod in agreement. Prosecutor Earl Silbert calls the operation “professional” and “clandestine.” The court learns that four of the five, all using fictitious names, rented two rooms at the Watergate, and dined together in the Watergate restaurant on February 14. A search of the two rooms turns up $4,200, again in sequential $100 bills, more burglary tools, and more electronic surveillance equipment, all stashed in six suitcases. Currently, FBI and Secret Service agents are investigating the burglary. Caddy, who says he met Barker a year ago at the Army Navy Club and had a “sympathetic conversation [with Barker]—that’s all I’ll say,” attempts to stay in the background during the arraignment, instead having another attorney, Joseph Rafferty Jr, plead before the court. Caddy is a corporate lawyer with no criminal law experience. [Washington Post, 6/18/1972; Washington Post, 6/19/1972] Interestingly, Caddy shows up at the arraignment apparently without any of the burglars contacting him (see June 17, 1972). [Woodward, 2005, pp. 35] Silbert argues unsuccessfully that the five should be held without bail, citing their use of fictitious names, their lack of community ties, and the likelihood that they would flee the country after they post bail. “They were caught red-handed,” Silbert tells the court. [Washington Post, 6/18/1972; Washington Post, 6/19/1972]

Entity Tags: Harry Collot, US Secret Service, James McCord, Joseph Rafferty, Jr, Frank Sturgis, Earl Silbert, Eugenio Martinez, ’Plumbers’, Bernard Barker, Federal Bureau of Investigation, Central Intelligence Agency, Democratic National Committee, Douglas Caddy, Committee to Re-elect the President, Virgilio Gonzalez

Timeline Tags: Nixon and Watergate

Frank Wills, the security guard who discovers the taped doors and alerts the DC police.Frank Wills, the security guard who discovers the taped doors and alerts the DC police. [Source: Bettmann / Corbis]Five burglars (see June 17, 1972) are arrested at 2:30 a.m. while breaking in to the Democratic National Committee (DNC) Headquarters offices in Washington’s Watergate hotel and office complex; the DNC occupies the entire sixth floor. [Washington Post, 6/18/1972; Gerald R. Ford Library and Museum, 7/3/2007]
Discovery - They are surprised at gunpoint by three plainclothes officers of the DC Metropolitan Police. Two ceiling panels have been removed from the secretary’s office, which is adjacent to that of DNC chairman Lawrence O’Brien. It is possible to place a surveillance device above those panels that could monitor O’Brien’s office. The five suspects, all wearing surgical gloves, have among them two sophisticated voice-activated surveillance devices that can monitor conversations and telephone calls alike; lock-picks, door jimmies, and an assortment of burglary tools; and $2,300 in cash, most of it in $100 bills in sequence. They also have a walkie-talkie, a shortwave receiver tuned to the police band, 40 rolls of unexposed film, two 35mm cameras, and three pen-sized tear gas guns. Near to where the men are captured is a file cabinet with two open drawers; a DNC source speculates that the men might have been preparing to photograph the contents of the file drawers.
Guard Noticed Taped Door - The arrests take place after a Watergate security guard, Frank Wills, notices a door connecting a stairwell with the hotel’s basement garage has been taped so it will not lock; the guard removes the tape, but when he checks ten minutes later and finds the lock taped once again, the guard calls the police. The police find that all of the stairwell doors leading from the basement to the sixth floor have been similarly taped to prevent them from locking. The door leading from the stairwell to the DNC offices had been jimmied. During a search of the offices, one of the burglars leaps from behind a desk and surrenders. [Washington Post, 6/18/1972] The FBI agents responding to the burglary are initially told that the burglars may have been attempting to plant a bomb in the offices. The “bomb” turns out to be surveillance equipment. [O.T. Jacobson, 7/5/1974 pdf file]
Last Mission for Martinez - One of the burglars, Cuban emigre and CIA agent Eugenio Martinez, will recall the burglary. They have already successfully burglarized a psychiatrist’s office in search of incriminating material on Pentagon Papers leaker Daniel Ellsberg (see September 9, 1971), and successfully bugged the DNC offices less than a month previously (see May 27-28, 1972), but Martinez is increasingly ill at ease over the poor planning and amateurish behavior of his colleagues (see Mid-June 1972). This will be his last operation, he has decided. Team leader E. Howard Hunt, whom Martinez calls by his old code name “Eduardo,” is obviously intrigued by the material secured from the previous burglary, and wants to go through the offices a second time to find more. Martinez is dismayed to find that Hunt has two operations planned for the evening, one for the DNC and one for the campaign offices of Democratic candidate George McGovern. Former CIA agent and current Nixon campaign security official James McCord (see June 19, 1972), the electronics expert of the team, is equally uncomfortable with the rushed, almost impromptu plan. Hunt takes all of the burglars’ identification and puts it in a briefcase. He gives another burglar, Frank Sturgis, his phony “Edward J. Hamilton” ID from his CIA days, and gives each burglar $200 in cash to bribe their way out of trouble. Interestingly, Hunt tells the burglars to keep the keys to their hotel rooms. Martinez later writes: “I don’t know why. Even today, I don’t know. Remember, I was told in advance not to ask about those things.”
Taping the Doors - McCord goes into the Watergage office complex, signs in, and begins taping the doors to the stairwells from the eighth floor all the way to the garage. After waiting for everyone to leave the offices, the team prepares to enter. Gonzalez and Sturgis note that the tape to the basement garage has been removed. Martinez believes the operation will be aborted, but McCord disagrees; he convinces Hunt and the other team leader, White House aide G. Gordon Liddy, to continue. It is McCord’s responsibility to remove the tape once the burglars are inside, but he fails to do so. The team is well into the DNC offices when the police burst in. “There was no way out,” Martinez will recall. “We were caught.” Barker is able to surreptitiously advise Hunt, who is still in the hotel, that they have been discovered. Martinez will later wonder if the entire second burglary might have been “a set-up or something like that because it was so easy the first time. We all had that feeling.” The police quickly find the burglars’ hotel keys and then the briefcase containing their identification. As they are being arrested, McCord, who rarely speaks and then not above a whisper, takes charge of the situation. He orders everyone to keep their mouths shut. “Don’t give your names,” he warns. “Nothing. I know people. Don’t worry, someone will come and everything will be all right. This thing will be solved.” [Harper's, 10/1974; Spartacus Schoolnet, 8/7/2007]
'Third-Rate Burglary' - White House press secretary Ron Ziegler will respond to allegations that the White House and the Nixon presidential campaign might have been involved in the Watergate burglary by calling it a “third-rate burglary attempt,” and warning that “certain elements may try to stretch this beyond what it is.” [Washington Post, 5/1/1973] The Washington Post chooses, for the moment, to cover it as a local burglary and nothing more; managing editor Howard Simons says that it could be nothing more than a crime committed by “crazy Cubans.” [Bernstein and Woodward, 1974, pp. 19]
CIA Operation? - In the weeks and months to come, speculation will arise as to the role of the CIA in the burglary. The Nixon White House will attempt to pin the blame for the Watergate conspiracy on the CIA, an attempt forestalled by McCord (see March 19-23, 1973). In a 1974 book on his involvement in the conspiracy, McCord will write: “The Watergate operation was not a CIA operation. The Cubans may have been misled by others into believing that it was a CIA operation. I know for a fact that it was not.” Another author, Carl Oglesby, will claim otherwise, saying that the burglary is a CIA plot against Nixon. Former CIA officer Miles Copeland will claim that McCord led the burglars into a trap. Journalist Andrew St. George will claim that CIA Director Richard Helms knew of the break-in before it occurred, a viewpoint supported by Martha Mitchell, the wife of Nixon campaign director John Mitchell, who will tell St. George that McCord is a “double agent” whose deliberate blunders led to the arrest of the burglars. No solid evidence of CIA involvement in the Watergate conspiracy has so far been revealed. [Spartacus Schoolnet, 8/2007]

Entity Tags: Nixon administration, Howard Simons, Lawrence O’Brien, James McCord, Martha Mitchell, Richard M. Nixon, Richard Helms, Washington Post, Ron Ziegler, George S. McGovern, Miles Copeland, G. Gordon Liddy, John Mitchell, Frank Sturgis, Carl Oglesby, Bob Woodward, Andrew St. George, Central Intelligence Agency, Carl Bernstein, Democratic National Committee, Daniel Ellsberg, E. Howard Hunt, Eugenio Martinez, Frank Wills

Timeline Tags: Nixon and Watergate, Elections Before 2000

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 responds to the report by the General Accounting Office (GAO) alleging possible illegal campaign finances in his re-election campaign (see August 22, 1972). Nixon tells reporters, “[W]e have a new law here in which technical violations have occurred and are occurring, apparently on both sides.” When asked what illegalities the Democrats have committed, Nixon says: “I think that will come out in the balance of this week. I will let the political people talk about, but I understand that there have been [violations] on both sides.” The financial director of his re-election campaign, Maurice Stans (see Before April 7, 1972), is an honest man, Nixon says, and is currently investigating the matter “very, very thoroughly, because he doesn’t want any evidence at all to be outstanding, indicating that we have not complied with the law.” Between the GAO’s and the FBI’s investigations, Stans’s own internal investigation, and an internal White House investigation by White House counsel John Dean, Nixon says there is no need for a special Watergate prosecutor, as some have requested. Of the Dean investigation: “I can say categorically that his investigation indicates that no one on the White House staff, no one in this administration, presently employed, was involved in this very bizarre incident [the Watergate burglary—see 2:30 a.m.June 17, 1972]. What really hurts in matters of this sort is not the fact that they occur, because overzealous people in campaigns do things that are wrong. What really hurts is if you try to cover it up.” [Bernstein and Woodward, 1974, pp. 57; Gerald R. Ford Library and Museum, 7/3/2007] A Washington Post story on the press conference highlights Nixon’s use of the phrase “presently employed,” and notes that several people suspected of campaign wrongdoing—G. Gordon Liddy, E. Howard Hunt, Maurice Stans, Hugh Sloan, and John Mitchell—no longer work for the administration. [Bernstein and Woodward, 1974, pp. 57] An assistant attorney general is convinced that the Dean investigation is “a fraud, a pipeline to [White House aide H. R.] Haldeman.” [Bernstein and Woodward, 1974, pp. 206] In April 1973, an associate of Dean tells Washington Post reporter Bob Woodward that there was never any such investigation, that Dean had not even discussed anything to do with Watergate as of August 29. “There never was a report,” the associate says. “Dean was asked to gather certain facts. The facts got twisted around to help some other people above him.” [Bernstein and Woodward, 1974, pp. 297-298] Dean later tells Watergate investigators that he never conducted any such internal White House investigation (see June 3, 1973). [Washington Post, 6/3/1973]

Entity Tags: John Dean, General Accounting Office, E. Howard Hunt, Federal Bureau of Investigation, Hugh Sloan, Bob Woodward, G. Gordon Liddy, H.R. Haldeman, Maurice Stans, John Mitchell, Richard M. Nixon

Timeline Tags: Nixon and Watergate, Elections Before 2000

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

White House counsel John Dean begins cooperating with the Watergate prosecutors. [Gerald R. Ford Library and Museum, 7/3/2007] Dean has already been asked to resign and has refused, fearing that President Nixon and his top aides will try to pin the blame for Watergate on him. Shortly after agreeing to cooperate with the investigation, Dean issues a statement making it clear that he is unwilling to be a “scapegoat in the Watergate case.” [Spartacus Schoolnet, 8/2007] According to an associate of Dean’s, when Dean told Nixon that he and aides H. R. Haldeman and John Ehrlichman would have to go to jail to protect the presidency (see March 21, 1973), Nixon seemed resigned to the possibility. But shortly thereafter, Haldeman and Ehrlichman convinced Nixon that Dean could be the “fall guy” for the entire White House. “Instead of agreeing to cooperate, they are still telling [Nixon] that John should walk the plank for all of them. [Nixon] is ready to give John the final shove.” A Nixon campaign official will verify the Dean associate’s account, and say that Dean wanted to be honest, but was following orders from Haldeman and Ehrlichman. [Bernstein and Woodward, 1974, pp. 305] Dean will soon begin sharing evidence that implicates Haldeman and Ehrlichman in the Watergate conspiracy (see June 25-29, 1973). [Washington Post, 5/1/1973]

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

Timeline Tags: Nixon and Watergate

Attorney General Richard Kleindienst meets with President Nixon to tell him that White House counsel John Dean has testified about the White House’s ordering of the Ellsberg break-in (see September 9, 1971). The biggest problem is not the ties to the Watergate burglary, Kleindienst says, but the trial of Daniel Ellsberg now going on in Santa Monica, California (see May 11, 1973). The prosecution must inform the trial judge about the new information, and the judge must decide whether to inform Ellsberg’s lawyers. Nixon tries to claim that the break-in is a matter of national security and must not be divulged, but Kleindienst says it is too late for that, the information will “be out in the street tomorrow or two days from now, a week, and the law clearly dictates that we have to do—it could be another g_ddamn cover-up, you know.… We can’t have another cover-up, Mr. President.” Nixon says, “I don’t want any cover-ups of anything.”
Motive - Dean’s primary motive for divulging this information is his desire for immunity from prosecution, Kleindienst believes. He adds that Deputy Attorney General Henry Peterson has asked about granting Dean immunity: “and he even comes up to the point where a trump card of Dean would be that I’m going to implicate the president—and I told Henry at that point you have to tell Dean to go f_ck himself. You’re not going to blackmail the government of the United States and implicate the president in the Ellsberg matter.” Nixon, depressed and reckless, says that maybe he should just be impeached and removed from office, letting Vice President Spiro Agnew have the presidency. “There’s not going to be anything like that,” Kleindienst assures Nixon.
Details of Testimony - Nixon also grills Peterson about Dean’s testimony, and learns that Dean has divulged his knowledge of the destruction of key evidence by FBI chief L. Patrick Gray (see Late December 1972 and April 27-30, 1973)—Gray denies destroying the evidence, claiming Dean is lying. Nixon says Gray has to resign. Peterson says he will not give in to Dean on any attempt to blackmail his way into an immunity agreement; Nixon agrees, comparing it to the stories of paying Watergate burglar E. Howard Hunt “hush money” (see June 20-21, 1972)—“I would never approve the payoff of Hunt,” Nixon assures Peterson. Nixon ends the conversation by asking Peterson for the details of any upcoming case against chief of staff H. R. Haldeman. Peterson agrees to give him that information. [Reeves, 2001, pp. 595-598]

Entity Tags: L. Patrick Gray, E. Howard Hunt, Daniel Ellsberg, Federal Bureau of Investigation, H.R. Haldeman, Richard Kleindienst, Richard M. Nixon, Henry Peterson, John Dean

Timeline Tags: Nixon and Watergate

President Nixon announces that his closest senior aides, H. R. Haldeman and John Ehrlichman, have resigned (see April 30, 1973). Attorney General Richard Kleindienst also resigns, to be replaced by Elliot Richardson; White House counsel John Dean, who is cooperating with Congressional investigators (see April 6-20, 1973), is also said to resign, although actually he was fired. Nixon makes his announcements on prime-time television; he tells his listeners that he wants to speak “from my heart.”
Knew Nothing Until He Watched the News - Nixon claims that he knew nothing of the so-called “Watergate affair” until he learned of the Watergate burglary (see June 17, 1972) from news reports. He describes himself as “appalled at this senseless, illegal action,” and “shocked to learn that employees of the Re-Election Committee [Committee to Re-elect the President, or CREEP)] were apparently among those guilty. I immediately ordered an investigation by appropriate government authorities.” Nixon says that he asked those authorities on several occasions “[I]f there was any reason to believe that members of my administration were in any way involved. I received repeated assurances that there were not. Because of these continuing reassurances, because I believed the reports I was getting, because I had faith in the persons from whom I was getting them, I discounted the stories in the press that appeared to implicate members of my administration or other officials of the campaign committee.”
'Personally Assumed Responsibility' for Inquiries, Demanded Cooperation - Nixon goes on to say that he believed the denials until March 1973, and the denials and comments he made were not intended to mislead, but merely “based on the information provided to us at the time we made those comments.” He then learned that “there was a real possibility that some of these charges were true, and suggesting further that there had been an effort to conceal the facts both from the public, from you, and from me.” On March 21, Nixon says, “I personally assumed the responsibility for coordinating intensive new inquiries into the matter, and I personally ordered those conducting the investigations to get all the facts and to report them directly to me, right here in this office.” Nixon says that he ordered everyone in government and at CREEP to fully cooperate with the investigators, the prosecutors, and the grand jury looking into the matter. Although insisting on “ground rules… that would preserve the basic constitutional separation of powers between the Congress and the presidency,” he “directed” members of his staff to testify under oath to the Senate Watergate Committee. The “integrity of this office” must “take priority over all personal considerations.”
Concerns with Ethics, Integrity Impelled Resignations - It is this concern for the integrity of the presidency, and his commitment to the most “rigorous legal and ethical standards,” that moved Nixon to accept the resignations of Haldeman and Ehrlichman, which he hastens to note do not imply any “implication whatever of personal wrongdoing on their part.” He asked Kleindienst to resign, not because of any implication of wrongdoing, but because of his “close personal and professional [association with] some of those who are involved in this case.” He has given Kleindienst’s successor, Richardson, the authority to name a special prosecutor to take over the investigation if Richardson deems it necessary. Nixon says: “[J]ustice will be pursued fairly, fully, and impartially, no matter who is involved. This office is a sacred trust and I am determined to be worthy of that trust.”
Shifting the Blame - Nixon says that until 1972, he had personally run his own political campaigns. But he was too busy with “crucially important decisions… intense negotiations [and] vital new directions” for the nation; he decided “the presidency should come first and politics second.” He therefore delegated as much of his campaign’s operations to others, and attempted to keep the campaign and the functions of the White House as separate as possible. Though Nixon makes it clear that unidentified subordinates “whose zeal exceeded their judgment and who may have done wrong in a cause they deeply believed to be right” are the criminals in Watergate, since he is “the man at the top,” he “must bear the responsibility.” “That responsibility, therefore, belongs here, in this office. I accept it. And I pledge to you tonight, from this office, that I will do everything in my power to ensure that the guilty are brought to justice and that such abuses are purged from our political processes in the years to come, long after I have left this office.” The nation must allow the judicial system to do its work without interference, he says, and it must not distract the nation from “the vital work before us… at a time of critical importance to America and the world.” Nixon himself intends to return his “full attention” to the “larger duties of this office,” and allow the investigation to proceed without his direction. [White House, 4/30/1973; White House, 4/30/1973; White House, 4/30/1973; CNN, 5/20/2007]

Entity Tags: Richard M. Nixon, John Ehrlichman, John Dean, Richard Kleindienst, Committee to Re-elect the President, H.R. Haldeman, Elliot Richardson

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

After FBI Director William Ruckelshaus announces that 13 government officials and four reporters had been illegally wiretapped by the FBI at the behest of the Nixon administration (see May 1969), Washington Post reporter Bob Woodward learns that Secretary of State Henry Kissinger had authorized at least “some” of the taps. Incredulous, Woodward phones Kissinger for his response. Kissinger blames then-White House chief of staff H. R. Haldeman for authorizing the taps. But Kissinger does not directly deny authorizing any wiretaps, and Woodward presses the point. Kissinger admits that he may have given the FBI some names of people suspected of leaking information to the press, and that the agency might have construed that as authorization to wiretap. Woodward tells Kissinger that two separate sources have named him as personally authorizing electronic surveillance, and Kissinger replies, “Almost never.” As Woodward continues to press, Kissinger becomes angry, accusing Woodward of subjecting him to “police interrogation.” Kissinger says that if his office issued the authorizations, then he is responsible. Kissinger then asks Woodward if the reporter intends to quote him. Woodward says yes, and Kissinger explodes, “I’m telling you what I said was for background!” They had made no such agreement, Woodward says; Kissinger accuses Woodward of trying to penalize him for being honest. “In five years in Washington,” Kissinger complains, “I’ve never been trapped into talking like this.” Woodward cannot imagine what kind of treatment Kissinger is used to receiving. After the conversation, Woodward learns that Kissinger is routinely allowed to put his remarks on so-called “retroactive background” by other reporters. The Post editors decide to hold off on writing about Kissinger; as a result, they are beaten to the punch by the New York Times, which reports that Kissinger had fingered his own aides as being responsible for the wiretaps. The Post will report the 17 wiretaps, and add that the Secret Service had forwarded information on the private life of a Democratic presidential candidate to the White House; information on 1972 vice-presidential candidate Thomas Eagleton arrived in Haldeman’s office before it was leaked to the press; and Haldeman ordered the FBI to investigate CBS reporter Daniel Schorr in early 1973. [Bernstein and Woodward, 1974, pp. 313-316]

Entity Tags: H.R. Haldeman, Bob Woodward, Daniel Schorr, Henry A. Kissinger, Federal Bureau of Investigation, Thomas F. Eagleton, Nixon administration, William Ruckelshaus

Timeline Tags: Nixon and Watergate

John Dean being sworn in by committee chairman Sam Ervin.John Dean being sworn in by committee chairman Sam Ervin. [Source: Bettmann / Corbis]In five days of explosive testimony before the Senate Watergate Committee, former White House counsel John Dean claims that President Nixon was personally involved with the cover-up of the Watergate burglary (see 2:30 a.m.June 17, 1972 and June 3, 1973) within days of the crime. Dean gives a seven-hour opening statement detailing a program of political and campaign espionage activities conducted by the White House in recent years. He also tells the committee that he believes Nixon has tape-recorded some of the conversations regarding the Watergate conspiracy (see July 13-16, 1973). Dean tells the committee that he has White House documents detailing elements of the conspiracy in a safe-deposit box, and has given the keys to that box to Judge John Sirica, the judge overseeing the Watergate prosecutions. [Gerald R. Ford Library and Museum, 7/3/2007; Spartacus Schoolnet, 8/2007] Dean, described by Time Magazine as “owlish” and speaking “in a lifeless monotone,” nevertheless displays “impressive poise and a masterly memory” as he “sp[ins] his detailed web of evidence. He readily admit[s] his own illegal and improper acts. But he emerge[s] unshaken from five full days of recital and cross examination, with his basic story challenged but intact.” Without a convincing rebuttal, it would be difficult for either the committee or the nation to believe that Nixon “was not an active and fully aware participant in the Watergate cover-up, as Dean charged.”
Implicates Nixon Aides - While Dean admits that he had no first-hand knowledge of Nixon’s complicity until September 1972, he directly implicates Nixon’s two most senior aides at the time, H. R. Haldeman and John Ehrlichman, of what Time calls “multiple actions in the Watergate coverup,” as well as former Nixon campaign chairman John Mitchell.
White House-Sourced Questioning of Dean Backfires - An initial White House attempt at rebutting Dean’s testimony, consisting of a statement and a list of questions drawn up by White House counsel Fred Buzhardt, are “easily handled” by Dean, and even backfires, to the point where the White House disavows any involvement in the material, saying that they were “Buzhardt’s friendly personal contribution to the proceedings.” The questions attempt to portray Dean as the “mastermind” behind the Watergate conspiracy, with Mitchell his “patron.” Time writes, “Creating a constitutional crisis almost alone, the Buzhardt statement in effect charge[s], Dean and Mitchell kept the truth of all that concealed for some nine months from such shrewd White House officials as H. R. Haldeman, John Ehrlichman, Charles W. Colson—and the president.” But few on the committee find Buzhardt’s contention believable, considering the increasing amount of evidence to the contrary.
Testimony Details 'Climate of Fear' at White House - As yet much of Dean’s testimony remains uncorroborated, but, Time writes: “even if those facts leave many unconvinced of Nixon’s complicity in Watergate, Dean’s dismaying description of the climate of fear existing within the Nixon White House is almost as alarming as the affair that it spawned. With little regard for the law and under repeated proddings by the president himself. Dean contended, the Nixon staff used or contemplated using almost any available tactic to undermine political opponents, punish press critics, subdue antiwar protesters and gather political intelligence, including lists of ‘enemies’” (see June 27, 1973). Overall, Dean says, the Watergate break-in (see 2:30 a.m.June 17, 1972) was “the first act in a great American tragedy” and he finds it “very difficult” to testify about what others, including “men I greatly admire and respect,” had done. He finds it easier to admit to his own crimes. [Time, 7/9/1973]

Entity Tags: John Sirica, John Dean, Richard M. Nixon, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

Comedian Bill Cosby, one of many on Nixon’s enemies list.Comedian Bill Cosby, one of many on Nixon’s enemies list. [Source: Quixoticals]Former White House counsel John Dean, continuing his testimony before the Senate Watergate Committee (see June 25-29, 1973), provides a sheaf of documents to the committee. Among those is the “Opponents List and Political Enemies Project,” informally called President Nixon’s “enemies list.” The list is actually a set of documents “several inches thick” of names and information about Nixon’s political enemies. It was compiled by a number of administration officials, including Dean, White House aides Charles Colson, Gordon Strachan, and Lyn Nofziger, beginning in 1971. One of the documents from August 16, 1971, has Dean suggesting ways in which “we can use the available federal machinery to screw our political enemies.” Methods proposed included administration manipulation of “grant availability, federal contracts, litigation, prosecution, etc.” The Dean memo was given to then-chief of staff H. R. Haldeman and top White House aide John Ehrlichman for approval. Though Dean testifies that he does not know if the plan was set into motion, subsequent documents submitted to the committee indicate that it was indeed implemented. A condensed list of 20 “White House enemies” was produced by Colson’s office; a larger list included ten Democratic senators, all 12 black House members, over 50 news and television reporters, prominent businessmen, labor leaders, and entertainers, and contributors to the 1972 presidential campaign of Democratic senator Edmund Muskie. The condensed list includes, in priority order:
bullet “1. Arnold M. Picker, United Artists Corp., NY. Top Muskie fund raiser. Success here could be both debilitating and very embarrassing to the Muskie machine. If effort looks promising, both Ruth and David Picker should be programmed and then a follow through with United Artists.”
bullet “2. Alexander E. Barkan, national director of AFL-CIO’s committee on Political Education, Washington D.C.: Without a doubt the most powerful political force programmed against us in 1968 ($10 million, 4.6 million votes, 115 million pamphlets, 176,000 workers—all programmed by Barkan’s COPE—so says Teddy White in The Making of the President 1968). We can expect the same effort this time.”
bullet “3. Ed Guthman, managing editor, Los Angeles Times: Guthman, former Kennedy aide, was a highly sophisticated hatchetman against us in ‘68. It is obvious he is the prime mover behind the current Key Biscayne effort. It is time to give him the message.”
bullet “4. Maxwell Dane, Doyle, Dane and Bernbach, NY: The top Democratic advertising firm—they destroyed Goldwater in ‘64. They should be hit hard starting with Dane.”
bullet “5. Charles Dyson, Dyson-Kissner Corp., NY: Dyson and [Democratic National Committee chairman] Larry O’Brien were close business associates after ‘68. Dyson has huge business holdings and is presently deeply involved in the Businessmen’s Educational Fund which bankrolls a national radio network of five-minute programs—anti-Nixon in character.”
bullet “6. Howard Stein, Dreyfus Corp., NY: Heaviest contributor to [Democratic presidential candidate Eugene] McCarthy in ‘68. If McCarthy goes, will do the same in ‘72. If not, Lindsay or McGovern will receive the funds.”
bullet “7. [US Representative] Allard Lowenstein, Long Island, NY: Guiding force behind the 18-year-old ‘Dump Nixon’ vote campaign.”
bullet “8. Morton Halperin, leading executive at Common Cause: A scandal would be most helpful here.”
bullet “9. Leonard Woodcock, UAW, Detroit, Mich.: No comments necessary.”
bullet “10. S. Sterling Munro Jr., Sen. [Henry Jackson’s aide, Silver Spring, Md: We should give him a try. Positive results would stick a pin in Jackson’s white hat.”
bullet “11. Bernard T. Feld, president, Council for a Livable World: Heavy far left funding. They will program an ‘all court press’ against us in ‘72.”
bullet “12. Sidney Davidoff, New York City, [New York City Mayor John V.] Lindsay’s top personal aide: a first class SOB, wheeler-dealer and suspected bagman. Positive results would really shake the Lindsay camp and Lindsay’s plans to capture youth vote. Davidoff in charge.”
bullet “13. John Conyers, congressman, Detroit: Coming on fast. Emerging as a leading black anti-Nixon spokesman. Has known weakness for white females.”
bullet “14. Samuel M. Lambert, president, National Education Association: Has taken us on vis-a-vis federal aid to parochial schools—a ‘72 issue.” [Facts on File, 6/2003] Committee chairman Sam Ervin (D-NC) is clearly outraged by the list, and particularly by Lambert’s inclusion. He says, “Here is a man listed among the opponents whose only offense is that he believed in the First Amendment and shared Thomas Jefferson’s conviction, as expressed in the Virginia Statute for Religious Freedom, that to compel a man to make contributions of money for the dissemination of religious opinions he disbelieves is sinful and tyrannical. Isn’t that true?” Dean replies, “I cannot disagree with the chairman at all.” [Time, 7/9/1973]
bullet “15. Stewart Rawlings Mott, Mott Associates, NY: Nothing but big money for radic-lib candidates.”
bullet “16. Ronald Dellums, congressman, Calif: Had extensive [Edward M. Kennedy] EMK-Tunney support in his election bid. Success might help in California next year.”
bullet “17. Daniel Schorr, Columbia Broadcasting System, Washington: A real media enemy.”
bullet “18. S. Harrison Dogole, Philadelphia, Pa: President of Globe Security Systems—fourth largest private detective agency in US. Heavy Humphrey [former presidential candidate Hubert Humphrey] contributor. Could program his agency against us.”
bullet “19. [Actor] Paul Newman, Calif: Radic-lib causes. Heavy McCarthy involvement ‘68. Used effectively in nation wide TV commercials. ‘72 involvement certain.”
bullet “20. Mary McGrory, Washington columnist: Daily hate Nixon articles.”
Another “master list” of political enemies prepared by Colson’s office includes Democratic senators Birch Bayh, J. W. Fulbright, Fred R. Harris, Harold Hughes, Edward M. Kennedy, George McGovern, Walter Mondale, Edmund Muskie, Gaylord Nelson, and William Proxmire; House representatives Bella Abzug, William R. Anderson, John Brademas, Father Robert F. Drinan, Robert Kastenmeier, Wright Patman; African-American representatives Shirley Chisholm, William Clay, George Collins, John Conyers, Ronald Dellums, Charles Diggs, Augustus Hawkins, Ralph Metcalfe, Robert N.C. Nix, Parren Mitchell, Charles Rangel, Louis Stokes; and several other politicians, including Lindsay, McCarthy, and George Wallace, the governor of Alabama (see May 15, 1972). The list also includes an array of liberal, civil rights and antiwar organizations, including the Black Panthers, the Brookings Institution, Common Cause, the Farmers Union, the National Economic Council, the National Education Association, the National Welfare Rights Organization, the Southern Christian Leadership Convention; a variety of labor organizations; many reporters, columnists, and other news figures; a short list of celebrities including Bill Cosby, Jane Fonda, Dick Gregory, Steve McQueen, Joe Namath, Gregory Peck, Tony Randall, and Barbra Streisand; and a huge list of businessmen and academics. The documents provide suggestions for avenues of attack against individual listees, including using “income tax discrepancies,” allegations of Communist connections, and other information. [Facts on File, 6/2003] In 1999, Schorr will joke that being on Nixon’s enemies list “changed my life a great deal. It increased my lecture fee, got me invited to lots of very nice dinners. It was so wonderful that one of my colleagues that I will not mention, but a very important man at CBS, said, ‘Why you, Schorr? Why couldn’t it have been me on the enemies list?’” [CNN, 3/27/1999] Schorr does not mention that he was the subject of an FBI investigation because of his listing. [Spartacus Schoolnet, 8/2007]

Entity Tags: Paul Newman, National Welfare Rights Organization, Ralph Metcalfe, Parren Mitchell, Robert F Drinan, National Economic Council, Richard M. Nixon, Morton H. Halperin, Louis Stokes, Mary McGrory, John V. Lindsay, Lawrence O’Brien, Maxwell Dane, Leonard Woodcock, Robert Kastenmeier, Lyn Nofziger, Los Angeles Times, Robert N.C. Nix, Sam Ervin, S. Harrison Dogole, United Auto Workers, Walter Mondale, Tony Randall, William Clay, William R. Anderson, Wright Patman, William Proxmire, Ron Dellums, Stewart Rawlings Mott, Southern Christian Leadership Convention, S. Sterling Munro Jr, John Ehrlichman, Steve McQueen, Samuel M Lambert, Shirley Chisholm, Sidney Davidoff, Senate Watergate Investigative Committee, John Dean, National Education Association, John Brademas, CBS News, Charles Colson, Charles Diggs, Charles Dyson, Charles Rangel, Brookings Institution, Council for a Livable World, Common Cause, Black Panthers, Birch Bayh, Bill Cosby, Allard Lowenstein, Alexander E. Barkan, AFL-CIO, Daniel Schorr, Arnold M. Picker, John Conyers, Augustus Hawkins, Bernard T. Feld, Bella Abzug, Dick Gregory, Barbra Streisand, Edmund Muskie, H.R. Haldeman, Harold Hughes, Gregory Peck, Henry (“Scoop”) Jackson, Jane Fonda, J. William Fulbright, Howard Stein, Gordon Strachan, George S. McGovern, Joe Namath, Edward M. (“Ted”) Kennedy, Eugene McCarthy, Fred R Harris, Gaylord Nelson, George C. Wallace, Hubert H. Humphrey, George Collins, Ed Guthman

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

President Ford announces the selection of former New York governor Nelson Rockefeller, a moderately liberal Republican, as his vice president. Ford gives Richard Nixon a courtesy call to inform him of the selection before making the public announcement. Nixon seems “very pleased,” Ford will later write. “He said Nelson’s name and experience in foreign policy would help me internationally, and that he was fully qualified to be president should something happen to me. The extreme right wing, he continued, would be very upset, but I shouldn’t worry because I couldn’t please them anyway.” Ford then telephones George H.W. Bush, who is bitterly disappointed at being passed over. To make the public announcement, Ford enters the Oval Office with Rockefeller at his side. Ford characterizes the decision to select Rockefeller as “a tough call for a tough job.” Rockefeller must be confirmed by the Senate, but no one expects any difficulties on that score. Rockefeller does cause a stir by confirming that Ford has “every intention” of running for president in 1976, though Rockefeller will not confirm that he will also be on the ticket. Most Republicans outside of the hard-core right applaud Rockefeller’s selection. House Minority Leader John Rhodes (R-AZ), a longtime Ford ally, chides the extremists: “I can’t believe conservative Republicans feel broadening the base of the party is a bad thing—unless they want to keep on losing and keep being a minority—and I just can’t subscribe to that way of thinking.” The mainstream media approves of Rockefeller as well, with CBS’s Eric Sevareid calling the new Ford-Rockefeller administration a triumph of “common sense.” He goes on to say the two are so popular that Democrats, “more deeply divided than the Republicans,” may find themselves in for a “long stretch in the political wilderness.… They thought they could run against Nixon for the next twenty [years]. But as things stand now they can’t run against Nixon even this year.” [Werth, 2006, pp. 138-143]

Entity Tags: Richard M. Nixon, Gerald Rudolph Ford, Jr, Eric Sevareid, George Herbert Walker Bush, John Rhodes, Nelson Rockefeller

Timeline Tags: Nixon and Watergate

Ronald Reagan and Gerald Ford at a Los Angeles hotel, October 1974.Ronald Reagan and Gerald Ford at a Los Angeles hotel, October 1974. [Source: David Hume Kennerly / Vanity Fair]The Republican governor of California, Ronald Reagan, has until now been undecided whether to run for president in 1976 against Ford. But Nelson Rockefeller’s nomination as vice president (see August 20, 1974) galvanizes Reagan and his team. Conservative Republicans begin gathering under Reagan’s banner to oppose what they see as an unacceptably left-leaning 1976 ticket of Ford and Rockefeller. Reagan is not universally popular in the GOP: Richard Nixon thought him “strange” and not “pleasant to be around.” For his part, Reagan has until now staunchly supported Nixon throughout the Watergate debacle, but has begun exhorting young conservatives to forget Nixon and embrace conservative ideology. At a Maryland fund-raising party, Reagan tells the crowd that the Ford administration must reassert what he calls the “mandate of 1972,” when Nixon trounced Democratic presidential candidate George McGovern in the most lopsided victory in modern US history. By re-electing Nixon so overwhelmingly, Reagan says, “voters rejected an invitation to Utopia and reaffirmed the basic values from which our system was built. They voted for fiscal responsibility and individual determination of their own destinies.… They repudiated the idea that government should grow bigger and bigger, that we should embrace more costly programs to alleviate human misery—programs that somehow never succeed no matter how much money is spent on them. The mandate of 1972 was a matter of the people vs. big government. The people, I believe, have given the government a mandate which they expect to be enforced.” [Werth, 2006, pp. 180-181]

Entity Tags: Richard M. Nixon, Ronald Reagan, Gerald Rudolph Ford, Jr, Ford administration, George S. McGovern, Nelson Rockefeller

Timeline Tags: Nixon and Watergate

Dick Cheney and Donald Rumsfeld speaking to reporters, 1975.Dick Cheney and Donald Rumsfeld speaking to reporters, 1975. [Source: Gaylinkcontent (.com)]President Ford asks Donald Rumsfeld to replace the outgoing Alexander Haig at the White House (see September 16-Late September, 1974). Rumsfeld has long been Haig’s choice to replace him (see August 14, 1974). Ford does not want to give Rumsfeld the official title of “chief of staff,” and instead wants Rumsfeld as “staff coordinator.” The difference is academic. Ford wants the aggressive, bureaucratically savvy Rumsfeld to help him regain control over a White House that is, in the words of author Barry Werth, “riven with disunity, disorganization, and bad blood.” Rumsfeld agrees, and names former Wyoming Congressman Dick Cheney as his deputy (who makes himself valuable by initially doing the lowest forms of bureaucratic scutwork). Rumsfeld and Cheney will eventually wield almost Nixonian power in Ford’s White House, successfully blocking the “in-house liberal,” Vice President Rockefeller, from exerting any real influence, and hobbling Henry Kissinger’s almost-limitless influence.
Blocking of Rockefeller and Kissinger for Ideological and Political Reasons - Rumsfeld begins his in-house assault in classic fashion: trying to cause tension between Kissinger and White House officials by snitching on Kissinger to any White House official who will listen. Kissinger eventually tells Ford: “Don’t listen to [Rumsfeld], Mr. President. He’s running for president in 1980.” Rumsfeld and Cheney do their best to open the White House to hardline defense hawks and the even more hardline neoconservatives led by Senator Henry “Scoop” Jackson (D-WA) and Jackson’s aide, Richard Perle. (Though Rumsfeld and Cheney are not considered neoconservatives in a strict sense, their aims are almost identical—see June 4-5, 1974). Kissinger’s efforts to win a negotiated peace between Israel and Palestine in the Middle East are held in contempt by Rumsfeld, Cheney, and the neoconservatives; using Ford’s press secretary Ron Nessen as a conduit, Rumsfeld and Cheney leak information about the negotiations to the press, helping to cripple the entire peace process. Rumsfeld and Cheney have larger personal plans as well: they want to secure the White House for Rumsfeld, perhaps as early as 1976, but certainly by 1980. One of their methods of winning support is to undercut Kissinger as much as possible; they believe they can win support among the GOP’s right wing by thwarting Kissinger’s “realpolitik” foreign policy stratagems.
Rumsfeld as 'Wizard of Oz' - According to the chief of Ford’s Economic Policy Board, William Seidman, Rumsfeld’s bureaucratic machinations remind him of the Wizard of Oz: “He thought he was invisible behind the curtain as he worked the levers, but in reality everyone could see what he was doing.” Rumsfeld and Cheney will make their most open grasp for power in orchestrating the “Halloween Massacre” (see November 4, 1975 and After). [Werth, 2006, pp. 336-337; Unger, 2007, pp. 49-52]

Entity Tags: William Seidman, Ron Nessen, Richard Perle, Barry Werth, Gerald Rudolph Ford, Jr, Donald Rumsfeld, Richard (“Dick”) Cheney, Henry (“Scoop”) Jackson, Henry A. Kissinger, Nelson Rockefeller, Alexander M. Haig, Jr.

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

President Ford fires a number of Nixon holdovers and replaces them with “my guys… my own team,” both to show his independence and to prepare for a bruising 1976 primary battle with Ronald Reagan. The wholesale firings and reshufflings are dubbed the “Halloween Massacre.” Donald Rumsfeld becomes secretary of defense, replacing James Schlesinger (see November 4, 1975). George H. W. Bush replaces William Colby as director of the CIA. Henry Kissinger remains secretary of state, but his position as national security adviser is given to Brent Scowcroft. Dick Cheney, Rumsfeld’s deputy chief of staff, moves up to become the youngest chief of staff in White House history. Perhaps the most controversial decision is to replace Nelson Rockefeller as Ford’s vice-presidential candidate for the 1976 elections. Ford’s shake-up is widely viewed as his cave-in to Republican Party hardliners. He flounders in his defense of his new staffers: for example, when Senator Barry Goldwater (R-AZ) asks him why he thinks Rumsfeld is qualified to run the Pentagon, Ford replies, “He was a pilot in the Korean War.” The ultimate winner in the shake-up is Rumsfeld, who instigated the moves from behind the scenes and gains the most from them. Rumsfeld quickly wins a reputation in Washington as a political opportunist, gunning for the vice presidency in 1976 and willing to do whatever is necessary to get it. Rockefeller tells Ford: “Rumsfeld wants to be president of the United States. He has given George Bush the deep six by putting him in the CIA, he has gotten me out.… He was third on your [vice-presidential] list (see August 16-17, 1974) and now he has gotten rid of two of us.… You are not going to be able to put him on the [ticket] because he is defense secretary, but he is not going to want anybody who can possibly be elected with you on that ticket.… I have to say I have a serious question about his loyalty to you.” Later, Ford will write of his sharp regret in pushing Rockefeller off the ticket: “I was angry at myself for showing cowardice in not saying to the ultraconservatives: It’s going to be Ford and Rockefeller, whatever the consequences.” [Werth, 2006, pp. 340-341] “It was the biggest political mistake of my life,” Ford later says. “And it was one of the few cowardly things I did in my life.” [US Senate, 7/7/2007]

Entity Tags: Ronald Reagan, William Colby, Richard (“Dick”) Cheney, James R. Schlesinger, Barry Goldwater, Donald Rumsfeld, Brent Scowcroft, George Herbert Walker Bush, Gerald Rudolph Ford, Jr, Henry A. Kissinger, Nelson Rockefeller

Timeline Tags: Nixon and Watergate

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

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
bullet Limitations on contributions to candidates for federal office;
bullet Disclosure and record-keeping provisions; and
bullet The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
bullet Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
bullet The $1,000 limitation on independent expenditures;
bullet The limitations on expenditures by candidates from their personal funds; and
bullet The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]

Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The US Foreign Intelligence Advisory Board recommended in 1970 that “economic intelligence be considered a function of national security” equal to that of other intelligence. In 1977, the NSA, CIA, and Department of Commerce forms a joint “Office of Intelligence Liaison” (later renamed the “Office of Executive Support”) specifically authorized to handle “foreign intelligence” of interest to the Commerce Department, much of it provided by the NSA. The other countries using Echelon, the NSA’s satellite surveillance program, which include Britain, Canada, Australia, and New Zealand, all operate similar programs. President Bill Clinton will extend this operation in 1993. In 1993, the European company Panavia will be specifically targeted over aircraft sales to the Middle East. In 1994, US companies will be given NSA and CIA intelligence intercepts that help them win contracts in Indonesia. Other information that will be provided by US intelligence to US and allied corporations include information about the emission standards for Japanese automobiles, 1995 trade negotiations over the US importing of Japanese luxury cars, France’s participation in the GATT trade negotiations of 1993, and the 1997 Asian-Pacific Economic Conference. [Science and Technology Assessments Office, 8/15/2000]

Entity Tags: William Jefferson (“Bill”) Clinton, Issuetsdeah, National Security Agency, Office of Executive Support, Panavia

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Nixon and Watergate

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

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

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

Timeline Tags: Complete 911 Timeline

After the Shah Mohammad Reza Pahlavi is deposed in Iran and Ayatollah Khomeini takes over as Iran’s new leader in February 1979, the US is interested in continuing to work with the Iranian government. At first the US is taken aback by the new fundamentalist Islamic government, and National Security Adviser Zbigniew Brzezinski contemplates fomenting a military coup to stop Khomeini. But Khomeini is fiercely anti-communist, and Brzezinski soon decides that Iran’s new government can become part of an effective anti-Soviet alliance he calls the “arc of crisis’ (see November 1978-February 1979). The US embassy in Teheran, Iran, remains open, and more US officials come to Iran and begin tentative talks there. [Dreyfuss, 2005, pp. 236-243] The CIA in particular begins secretly collaborating with Iranian intelligence, providing information about the Soviet Union, Afghanistan, and Iraq. The CIA and Iran both covertly work to destabilize the pro-Soviet government in Afghanistan. [Dreyfuss, 2005, pp. 264-265] In early November 1979, Brzezinski secretly meets with Iranian Prime Minister Mehdi Bazargan, as well as Iran’s foreign minister and defense minister, in Algiers, Algeria. But shortly before the meeting, the US agrees to allow the Shah, dying with cancer, to come to the US for medical treatment. Khomeini is enraged, and on November 4, just three days after the Algeria meeting begins, Khomeini arranges for students to take over the US embassy in Teheran and seize hostages. This realigns political forces in Iran and allows Khomeini to sideline Bazargan and other others meeting in Algeria, rendering the negotiations there moot. Brzezinski’s attempts to create a de facto alliance with Iran collapse. The US hostages will be held for over a year before finally being freed. [Dreyfuss, 2005, pp. 240-243]

Entity Tags: Central Intelligence Agency, Shah Mohammad Reza Pahlavi, Mehdi Bazargan, Seyyed Ruhollah Khomeini, Zbigniew Brzezinski

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

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

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

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Complete 911 Timeline

Incoming presidential chief of staff James Baker asks a former chief of staff, Dick Cheney (see November 4, 1975 and After), for advice on handling the job. Baker takes four pages of handwritten notes covering his conversation with Cheney. Most of the notes cover mundane topics such as personnel and managing the president’s schedule. But Cheney offers at least one piece of policy advice. According to Baker’s notes: “Pres. seriously weakened in recent yrs. Restore power & auth [authority] to Exec Branch—Need strong ldr’ship. Get rid of War Powers Act—restore independent rights.” Baker notes Cheney’s emphasis of this last idea by marking it with two double lines and six asterisks, and a note in the margin, “Central theme we ought to push.” [Savage, 2007, pp. 43]

Entity Tags: Richard (“Dick”) Cheney, James A. Baker

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975.Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975. [Source: David Hume Kennerly / Gerald R. Ford Library] (click image to enlarge)Throughout the 1980s, Dick Cheney and Donald Rumsfeld are key players in one of the most highly classified programs of the Reagan administration. Presently, Cheney is working as a Republican congressman, while Rumsfeld is head of the pharmaceutical company G. D. Searle. At least once per year, they both leave their day jobs for periods of three or four days. They head to Andrews Air Force Base, near Washington, DC, and along with 40 to 60 federal officials and one member of the Reagan Cabinet are taken to a remote location within the US, such as an underground bunker. While they are gone, none of their work colleagues, or even their wives, knows where they are. They are participating in detailed planning exercises for keeping government running during and after a nuclear war with the Soviet Union.
Unconstitutional 'Continuity of Government' - This highly secret “Continuity of Government” (COG) program is known as Project 908. The idea is that if the US were under a nuclear attack, three teams would be sent from Washington to separate locations around the US to prepare to take leadership of the country. If somehow one team was located and hit with a nuclear weapon, the second or third team could take its place. Each of the three teams includes representatives from the State Department, Defense Department, CIA, and various domestic-policy agencies. The program is run by a new government agency called the National Program Office. Based in the Washington area, it has a budget of hundreds of million dollars a year, which grows to $1 billion per year by the end of Reagan’s first term in office. Within the National Security Council, the “action officer” involved in the COG program is Oliver North, who is a key figure in the mid-1980s Iran-Contra scandal. Reagan’s Vice President, George H. W. Bush, also supervises some of the program’s efforts. As well as Cheney and Rumsfeld, other known figures involved in the COG exercises include Kenneth Duberstein, who serves for a time as President Reagan’s chief of staff, and future CIA Director James Woolsey. Another regular participant is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). The program, though, is extraconstitutional, as it establishes a process for designating a new US president that is nowhere authorized in the US Constitution or federal law. After George H. W. Bush is elected president in 1988 and the effective end of the Soviet Union in 1989, the exercises continue. They will go on after Bill Clinton is elected president, but will then be based around the threat posed by terrorists, rather than the Soviet Union (see 1992-2000). According to journalist James Mann, the participation of Rumsfeld and Cheney in these exercises demonstrates a broader truth about them: “Over three decades, from the Ford administration onward, even when they were out of the executive branch of government, they were never too far away; they stayed in touch with its defense, military, and intelligence officials and were regularly called upon by those officials. Cheney and Rumsfeld were, in a sense, a part of the permanent, though hidden, national security apparatus of the United States.” [Mann, 2004, pp. 138-145; Atlantic Monthly, 3/2004; Washington Post, 4/7/2004; Cockburn, 2007, pp. 85]
No Role for Congress - According to one participant, “One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them.” Thus the decision is made to abandon the Constitutional framework of the nation’s government if this plan is ever activated. [Dubose and Bernstein, 2006, pp. 198]
Reactivated after 9/11 - The plan they rehearse for in the COG exercises will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002] Mann subsequently comments, “The program is of particular interest today because it helps to explain the thinking and behavior of the second Bush Administration in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke, Richard (“Dick”) Cheney, Oliver North, National Program Office, James Woolsey, Kenneth Duberstein, Donald Rumsfeld, George Herbert Walker Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

The US and Iran sign the Algiers Accords. Under the terms of the agreement, the US is required to transfer Iranian assets (see November 14, 1979) held in US banks to Iran. However a portion of this amount is to be held in a security account at the Central Bank for the purpose of ensuring payment of awards to successful US claimants. The balance in this account must never fall below $500 million. Additionally, the agreement requires the US to pledge noninterference in Iran’s affairs. [US Department of the Treasury. Office of Foreign Assets Control, 11/1979; US President, 11/16/1998; Microsoft Encarta Online Encyclopedia, 5/27/2005]

Entity Tags: Algiers Accords

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Iran-Contra Affair, Elections Before 2000

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

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

Timeline Tags: Civil Liberties

An E-4B Airborne Command Post.An E-4B Airborne Command Post. [Source: US Air Force] (click image to enlarge)During the 1980s, top-secret exercises are regularly held, testing a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war (see 1981-1992). The program includes a special plane called the National Emergency Airborne Command Post (NEACP). This is a modified Boeing 747, based at Andrews Air Force Base, near Washington, DC that has its own conference room and special communications gear. Nicknamed the “Doomsday” plane, it could act as an airborne command post from where a president could run the country during a nuclear war. One of the COG exercises run by the Reagan administration involves a team of officials actually staying aloft in the NEACP for three days straight. The team cruises across the US, and up and down the coasts, periodically being refueled in mid-air. [Schwartz, 1998; Mann, 2004, pp. 144] Dick Cheney and Donald Rumsfeld participate in the COG exercises, though whether they are aboard the NEACP in this particular one is unknown. [Atlantic Monthly, 3/2004] The plan that is being rehearsed for in the exercises will be activated in response to the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Also on 9/11, three Doomsday planes (then known as “National Airborne Operations Center” planes) will be in the air, due to an exercise taking place that morning called Global Guardian (see Before 9:00 a.m. September 11, 2001). [Schwartz, 1998; Omaha World-Herald, 2/27/2002]

Entity Tags: Donald Rumsfeld, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

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

Timeline Tags: Civil Liberties

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