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Director of the FBI J. Edgar Hoover orders the bureau to begin preparing a list of individuals to be closely monitored and/or detained in the event of a national emergency or war. The list is to be comprised of persons considered to have strong “Nazi” and “Communist tendencies.” The FBI is ordered to collect information on suspected individuals from employment records, school records, newspapers, and “confidential sources of information.” The list will become part of the FBI’s Custodial Detention Program in 1940 (see November 1940-1943). (Crewdson 10/23/1975; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities 5/1976, pp. 412)
The FBI maintains a list of individuals that are to be closely monitored and/or detained in the event of a national emergency or war. The index of names, known officially as the “Custodial Detention Program,” is spawned from a list established in 1939 by FBI Director J. Edgar Hoover (see November 1939). The updated list is composed of persons thought to have a “Communistic, Fascist, Nazi, or other nationalistic background.” The list includes individuals that distribute “literature and propaganda favorable to a foreign power and opposed to the American way of life,” as well as “agitators who are adherents of foreign ideologies.” The names on the list are divided into two categories: those who are to be immediately detained in the event of war and those who are to be subject to close surveillance in the event of war. The program will be criticized for being unreliable and potentially illegal (see 1943). (Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities 5/1976, pp. 417)
Attorney General Francis Biddle abolishes the FBI’s Custodial Detention Program, which is designed to round up suspected dissidents in times of national emergency or war (see November 1940-1943). However, FBI Director J. Edgar Hoover secretly re-establishes the list under a new name: the Security Index (see Early 1943-1971). Biddle clearly informs the FBI: “There is no statutory authorization or other present justification for keeping a ‘custodial detention’ list of citizens.… [I]t is now clear to me that this classification system is inherently unreliable.” The attorney general comments: “The evidence used for the purpose of making the classifications was inadequate; the standards applied to the evidence for the purpose of making the classifications were defective; and finally, the notion that it is possible to make a valid determination as to how dangerous a person is in the abstract and without reference to time, environment, and other relevant circumstances, is impractical, unwise, and dangerous.” But Hoover does not comply with the attorney general’s order. He instead changes the name of the list from the Custodial Detention Program to the Security Index. The Senate Select Committee on Intelligence will later report, “The attorney general and the Justice Department were apparently not informed of the FBI’s decision to continue the program.” FBI headquarters informs its field offices, “The fact that the Security Index and Security Index Cards are prepared and maintained should be considered strictly confidential, and should at no time be mentioned or alluded to in investigative reports, or discussed with agencies or individuals outside the bureau other than duly qualified representatives of the Office of Naval Intelligence and the Military Intelligence Division, and then only on a strictly confidential basis.” (Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities 5/1976, pp. 420-421)
The FBI maintains a “Security Index” of US citizens that are to be targeted for surveillance and/or detention in the event of a national emergency or war. The list is carried over from the FBI’s Custodial Detention Program, which was abolished by the attorney general in 1943 (see 1943 and November 1940-1943). A government source tells the New York Times that the purpose of the Security Index is to “assist in rounding up people who might commit sabotage or espionage” in the event of a disaster. The index is at first composed mostly of suspected communists, but is later expanded to include a wide range of political groups. By the 1960s, names on the list include professors, teachers, labor union organizers, authors, journalists, doctors, scientists, and clergymen. The names on the Security Index are broken down into three categories: leaders of “subversive” groups, supporters of such groups, and supporters of such groups considered to be violent. At its peak in the late 1960s, the FBI’s Security Index reportedly lists more than 26,000 citizens. FBI Special Agent M. Wesley Swearingen will later say the number is actually much higher, claiming 50,000 people are on the list in Chicago alone. Sources will later tell the New York Times that the list includes several people who pose “no genuine internal security threat.” The list is utilized by the FBI’s secret COINTELPRO program, which is used to discredit anti-war and other “New Left” groups. The Security Index will be transferred to the Administrative Index within the FBI in late 1971 (see Late 1971). (New York Times 8/3/1975; Crewdson 10/23/1975; New York Times 4/29/1976; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities 5/1976, pp. 420-421; Crewdson 3/2/1986)
The FBI, led by director J. Edgar Hoover, begins to “accumulate the names, identities, and activities” of American citizens who are regarded as suspect. The information is gathered in a “security index,” which rapidly expands. In a letter to the White House during the Truman administration, Hoover will state that in the event of certain emergency situations, suspect individuals would be held in detention camps overseen by “the National Military Establishment.” By 1960, a congressional investigation will later reveal, the FBI list of suspicious persons will include “professors, teachers, and educators; labor-union organizers and leaders; writers, lecturers, newsmen, and others in the mass-media field; lawyers, doctors, and scientists; other potentially influential persons on a local or national level; [and] individuals who could potentially furnish financial or material aid” to unnamed “subversive elements.” (Ketcham 5/2008)
J. Edgar Hoover, director of the Federal Bureau of Investigation (FBI), tells the House Appropriations Committee that the FBI is prepared to arrest 14,000 purported communists inside the US in the event of war with Russia. James M. McInerney, assistant attorney general, refuses to provide the committee with details regarding those on the list, but says they are “either out-and-out Communists” or are “sympathetic toward the Communist cause.” The officials are apparently referring to the FBI’s Security Index, which was established in 1943 (see 1943 and Early 1943-1971). (New York Times 4/28/1951)
A federal grand jury in Jackson, Mississippi, indicts 19 Ku Klux Klan members and others for the 1964 murders of three civil rights workers, James E. Chaney, Andrew Goodman, and Michael Schwerner. The indictments mark the first time in Mississippi history that white men have faced serious charges for committing race-related crimes. Deputy Sheriff Cecil Price will be sentenced to six years in jail. KKK leader Sam Bowers and KKK member Wayne Roberts will receive 10 years apiece. (American Civil Liberties Union 2012) Investigators conclude that Bowers, the Imperial Wizard of the White Knights of the Ku Klux Klan of Mississippi, instigated the murders of Chaney, Goodman, and Schwerner. Klan members had attempted to kidnap Schwerner on June 16, 1964, but when they were unable to find him, instead set fire to a black church and systematically beat a group of black churchgoers. Schwerner, along with Chaney and Goodman, were in Ohio at the time and returned to Mississippi after hearing of the incident. Both Price and his superior, Neshoba County Sheriff Lawrence Rainey, are members of the KKK, and have a reputation for being “tough” on blacks, and officials of the Congress of Racial Equality (CORE), the organization that sponsors the three civil rights workers, were worried about their safety. On June 21, while asking about the fire and the beatings, the three workers were notified that a group of white men was looking for them. They were arrested by Price while driving to the CORE offices in Meridian, allegedly on suspicion of being involved in the church arson, and taken to the Neshoba County jail. Price met with KKK recruiter (kleagle) Edgar Ray Killen to discuss what to do with the three. Price and the other police officers pretended to release the three, and let them drive away, but Price followed them in his police cruiser. Price pulled the car carrying the three over, placed them in his police cruiser, and drove them down a lonely dirt road, followed by at least a dozen Klan members. The three were beaten by the various Klan members, then shot to death by Klan member Wayne Roberts. The bodies were taken to a dam site at a nearby farm and buried under tons of dirt by earthmoving equipment. It is almost certain that Price informed Rainey of the murders and the burials upon returning to his office. Justice Department and FBI agents began investigating the disappearance of the three workers (giving the case the name “Mississippi Burning,” or MIBURN), and soon found the burned-out hulk of the station wagon driven by Chaney during the three’s final moments. Federal agents found it difficult to find witnesses willing to talk, but FBI agent John Proctor found that children were often knowledgeable and willing to speak in return for candy. A $30,000 reward offering led agents to the buried bodies. Informants from within the Klan itself finally broke open the case, particularly John Jordan, a Meridian speakeasy owner who cooperated with agents rather than face a long prison term. In December 1964, 19 men, including Price, Bowers, Roberts, and Killen, were arrested and charged under Mississippi law. Initially, a US commissioner threw out all of the charges against the 19, claiming that no evidence linked them to the crimes, but the 19 will be charged under federal laws instead. Segregationist Judge William Harold Cox will again dismiss the charges against all but Rainey and Price, but the US Supreme Court will reinstate the charges in February 1966. Cox will impose the extraordinarily lenient sentences, and will later say, “They killed one n_gger, one Jew, and a white man—I gave them all what I thought they deserved.” Price will only serve four years of his sentence before rejoining his family in Philadelphia, Mississippi. In 1999, Mississippi will reopen the investigation, and in 2005 will reindict Killen, who escaped conviction in the first trial because of the jury’s refusal to “convict a preacher.” Killen will be sentenced to 60 years in jail on three counts of manslaughter. (Douglas O. Linder 2005)
An FBI document covering the civil rights protest movement says in part, “Negro youths and moderates must be made to understand that if they succumb to revolutionary teaching, they will be dead revolutionaries.” (Hunt 9/1/2009, pp. 16)
The Posse Comitatus, an anti-Semitic, right-wing “Christian Identity” organization (see 1960s and After), is founded by retired dry-cleaning executive Henry L. Beach in Portland, Oregon, who calls his organization the Sherriff’s Posse Comitatus (SPC) or Citizen’s Law Enforcement Research Committee (CLERC). Beach has supported Nazism since the 1930s, and formerly led a neo-Nazi organization called the Silver Shirts (see January 31, 1933). The Posse Comitatus is quickly taken over by William Potter Gale, a retired Army colonel who founded a similar organization called the US Christian Posse Association in Glendale, California, and manages to roll the two groups, and a few other loosely organized entities, into one. The Posse Comitatus dedicates itself to survivalism, vigilantism, and anti-government activities; its bylaws state that no federal or state governmental entity has any legal standing, and only county and town governments are legitimate. Furthermore, the organization believes that the entire federal government is controlled by Jews, and as such has no authority over whites. Beach’s original Posse manual states, “[O]fficials of government who commit criminal acts or who violate their oath of office… shall be removed by the posse to the most populated intersection of streets in the township and, at high noon, be hung by the neck, the body remaining until sundown as an example to those who would subvert the law.” According to a 1986 advisory published by the IRS, “members associated with some of the Posse groups wear tiny gold hangmen’s nooses on their lapels.” Posse members refuse to pay taxes whenever they can get away with it, and ignore laws that they feel cannot be enforced by “the enemy.” Instead, they claim to abide by a “common law,” defined as a set of principles that they themselves create and change at will. The organization begins making inroads into the farm communities of the Northwest and Upper Midwest after federal mismanagement of agricultural policies threatens the livelihood of many area farmers; the Posse tells them, “Farmers are victims of a Jewish-controlled government and banking system, federal taxes are illegal and loans need not be repaid.” Some area farmers embrace the message, and the Posse begins heavily recruiting in Michigan. (Ian Geldard 2/19/1995; Nicole Nichols 2003)
Anti-Government, Anti-Tax Ideology - The Posse Comitatus believes that the federal and state governments are inherently illegal and have no authority whatsoever; the highest elected official of the land, it says, is the county sheriff, who can form juries and call out “posses” of citizens to enforce the law as necessary. The movement strongly opposes paying taxes, particularly to the Internal Revenue Service (IRS), and considers money issued by the Federal Reserve System as illegal. It says that the Constitution’s 16th Amendment, which gave Congress the right to tax citizens’ incomes, was illegally ratified and therefore unconstitutional; moreover, it says, careful examination of federal law tells it that income taxes are entirely voluntary. The Federal Reserve System is, as one Posse publication puts it, “a private monopoly which neither the people nor the states authorized in the Constitution.” The Federal Reserve’s printed money violates the Constitution. Some, but not all, Posse Comitatus members also express racist and separatist views similar to those of Christian Identity believers (see 1960s and After); these members say that the Federal Reserve is controlled by a small cabal of international Jewish bankers who intend to destroy the American economy. (Mark Pitcavage 5/6/1996; US Constitution: Sixteenth Amendment 2011; Anti-Defamation League 2011) Posse Comitatus members use the threat of violence, and sometimes actual violence, to express their anti-tax and anti-government ideologies (see 1972 and 1974).
Township Movement - The Posse spawns a directly related ideology, the “township movement,” led in part by Utah resident Walt P. Mann. Township advocates advocate setting up small sovereign communities that are answerable only to themselves. The Posse will set up a “constitutional township” on a 1,400-acre plot in Wisconsin and name it “Tigerton Dells,” posting signs that say, “Federal Agents Keep out; Survivors will be Prosecuted.” Tigerton Dells will appoint its own judges and foreign ambassadors before federal authorities seize the property (see 1984).
Movement Spreads throughout Northwest, Plains States - By 1976, an FBI report says that the Posse Comitatus movement will consist of up to 50,000 adherents throughout the Northwest and Great Plains states. The center of the movement is at Tigerton Dells; Posse members there will disrupt local government meetings and assault public officials. The farm crisis of the early 1980s will allow the Posse to begin converting angry, frightened farmers throughout the region. In 1996, the Anti-Defamation League’s Mark Pitcavage will write, “The Posse offered up targets for people to blame: the courts, the money system, the federal government, the Jews.”
Waging Legal Battles - While some Posse members offer violence to law enforcement and public officials (see February 13, 1983 and After), most of their battles with the government take place in court. Posse members most frequently use two common legal strategems: filing frivolous liens on the properties of public officials who oppose or anger them, particularly IRS agents, and flooding the courts with a barrage of legal documents, filings, motions, and appeals. The liens carry no legal weight but sometimes damage the recipients’ credit scores and interfere with the recipients’ ability to buy or sell property. The court documents, often written in arcane, archaic, and contradictory legal language, clog the court system and frustate judges and prosecutors. A related tactic is the establishment of “common law courts,” vigilante courts that often threaten public officials. (Mark Pitcavage 5/6/1996)
Inspiration to Other Groups - The Posse Comitatus’s ideology will inspire other anti-government groups, such as the Montana Freemen (see 1993-1994).
Former New York Police Department detective Jack Caulfield begins his new job as a White House aide. Caulfield was added to the White House by Nixon aide John Ehrlichman after President Nixon’s decision to use private, secretly held funds for political intelligence operations (see January 30, 1969). Caulfield is to conduct various political intelligence operations without being noticed by the CIA, the FBI, or the Republican National Committee. Originally, the idea was to pay Caulfield out of unspent campaign funds from the 1968 elections (see November 5, 1968), but Caufield insisted on being given a White House position. (Reeves 2001, pp. 67)
The New York Times reveals the secret bombings of Cambodia, dubbed “Operation Menu” (see February 23-24, 1969 and March 15-17, 1969). National Security Adviser Henry Kissinger is apoplectic in his anger: shouting to President Nixon, “We must do something! We must crush those people! We must destroy them!” Kissinger is not only referring to the Times, but Defense Secretary Melvin Laird and Secretary of State William Rogers, whom he believes leaked the information to the Times in order to discredit him. (Nixon has an unproductive phone conversation with Laird before his meeting with Kissinger; Nixon opened the phone call by calling Laird a “son of a b_tch,” and Laird hung up on the president.) Nixon suggests Kissinger’s own staff may be the source of the leaks. He is most suspicious of Kissinger’s aide Morton Halperin. By lunch, Kissinger has talked to the FBI about wiretapping suspected leakers. By dinner, Halperin’s phone is tapped. The next day, Kissinger’s military aide Alexander Haig has the FBI tap three more men “just for a few days,” warning the FBI not to keep any records of the wiretaps. The three targets are Kissinger’s aides Helmut Sonnenfeldt and Daniel Davidson, and Laird’s military assistant, Robert Pursley (who will again be wiretapped several months later—see May 2, 1970). At the same time, White House aide Jack Caulfield (see April 2, 1969) arranges for a wiretap on a private citizen, syndicated columnist Joseph Kraft. While the FBI wiretaps are legally questionable, Caulfield’s tap is unquestionably illegal. Caulfield has the director of security for the Republican National Committee, former FBI agent John Ragan, personally install the wiretap in Kraft’s home. The tap on Kraft produces nothing except the conversations of housekeepers, as Kraft and his wife are in Paris. Nixon has the French authorities wiretap Kraft’s Paris hotel room. (Reeves 2001, pp. 75-76)
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)
The FBI wiretaps Sunday Times reporter Henry Brandon. FBI director J. Edgar Hoover decides to wiretap Brandon after President Nixon, looking for National Security Adviser Henry Kissinger, finds him at Brandon’s home. (Reeves 2001, pp. 86)
The New York Times breaks the story of secret negotiations with Japan for the return of Okinawa to Japanese control. The story, by Times reporter Hedrick Smith, reveals details from a secret National Security Council memo that includes plans to announce the turnover as well as the plans to remove all US nuclear weapons from Okinawa. National Security Adviser Henry Kissinger orders the FBI to wiretap Smith’s telephone. (Reeves 2001, pp. 86)
When the press reports the secret US-led invasion of Cambodia (see April 24-30, 1970) and the subsequent massive air strikes in that country, Alexander Haig, the military aide to National Security Adviser Henry Kissinger, notes that New York Times reporter William Beecher has been asking some suspiciously well-informed questions about the operation. Beecher’s latest story also alerts Defense Secretary Melvin Laird to the bombings (Laird, whom Kissinger considers a hated rival, has been kept out of the loop on the bombings). Haig tells the FBI he suspects a “serious security violation” has taken place, and receives four new wiretaps: on Beecher; Laird’s assistant Robert Pursley; Secretary of State William Rogers’s assistant Richard Pederson; and Rogers’s deputy, William Sullivan. (Reeves 2001, pp. 212)
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)
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)
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)
Congress revokes emergency detention provisions within the 1950 Subversive Activity Control Act in an attempt to ban the FBI’s controversial “Security Index” program. The decades-old Security Index lists thousands of citizens that are to be targeted for surveillance and/or detention in the event of a national emergency or war (see Early 1943-1971 and 1943). The FBI will still maintain the list in anticipation of the program’s reactivation. The FBI and the Justice Department will evade the Congressional ban by allowing the FBI to reestablish the list under a new name in late 1971 (see Late 1971). (New York Times 8/3/1975)
Documents from the FBI describing extensive domestic surveillance of college students, minorities, and war protesters are anonymously mailed to several major newspapers and members of Congress. The records are sent to the New York Times, the Washington Post, the Los Angeles Times, Senator George S. McGovern (D-SD), and Representative Parren J. Mitchell (D-MD). According to the New York Times, “The documents suggest that FBI surveillance of dissenters on the political left has been far more extensive than was generally known.” The papers “show that the subjects of inquiries include obscure persons marginally suspected of illegal activity.” The files describe attempts to infiltrate colleges, student unions, minority groups, and political organizations. According to the documents, the FBI is under orders to investigate all students, teachers, and scientists that travel to the Soviet Union. The documents show that the FBI has gone as far as investigating a Boy Scout trip to the Soviet Union. The papers also reveal that the FBI is under orders to monitor all student groups that are “organized to project the demands of black students.” The files also state that FBI Director J. Edgar Hoover approved plans for the recruitment of informants as young as 18 years old. (Graham 3/25/1971)
A federal court, issuing a ruling in the case of New York Times Company v. United States (see June 15, 1971), refuses to order the Times to turn over its copy of the Pentagon Papers for government inspection, saying that it will not authorize a government fishing expedition into the files of any newspaper. (Herda 1994) The court’s decision is overruled the next day, but by this point it is, for all intents and purposes, too late. The Washington Post prints its second installment and releases the article to the 341 newspapers that subscribe to its national news service. Within hours, newspapers across the country are publishing the Post excerpts. Daniel Ellsberg, who originally leaked the documents to the Times (see March 1971), is secretly traveling around the country, making the documents available to other news outlets. (Ellsberg is so successful at staying hidden that he is interviewed by CBS news anchor Walter Cronkite for a June 23 news special without the FBI being able to find him. Ellsberg will eventually surrender himself to the police (see June 28, 1971).) (Reeves 2001, pp. 335-336)
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)
FBI Director J. Edgar Hoover promotes W. Mark Felt to be the #3 official in the bureau. Though Hoover’s longtime assistant and confidante Clyde Tolson is putatively the #2 man at the bureau, Tolson is seriously ill and does not often come to work, so Felt essentially becomes the FBI’s deputy director, in charge of day-to-day operations. Felt has access to virtually every piece of information the FBI possesses. Felt will become the celebrated “Deep Throat,” Washington Post reporter Bob Woodward’s inside source for the Watergate investigations (see May 31, 2005). (Woodward 2005, pp. 35)
Angered by CBS commentator Daniel Schorr’s report on the White House’s failure to help Catholic schools, President Nixon orders the FBI to investigate Schorr’s personal life. By August 18, the FBI will have conducted 25 interviews with people who know and work with Schorr. (Reeves 2001, pp. 367)
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. (Martinez and Barker 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. (Martinez and Barker 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.” (Martinez and Barker 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)
The Washington Post reveals that the FBI investigated CBS reporter Daniel Schorr (see August 17, 1971). White House aide H. R. Haldeman immediately concocts a cover story: Schorr had supposedly been under consideration for a job as a White House spokesman, and was therefore investigated as part of the routine vetting process. President Nixon is prepared to tell the press Haldeman’s lie in the next press conference, and apologize for not having informed Schorr beforehand of the investigation. Since no reporter asks Nixon about Schorr at that press conference, White House press secretary Ron Ziegler issues the story as a separate statement, hoping to defuse Congressional threats of an investigation into FBI harassment of reporters. (Reeves 2001, pp. 387)
The FBI, acting against the will of Congress, maintains a secret list of citizens to be monitored and/or detained in the event of a national emergency. Congress recently attempted to ban the FBI’s secret “Security Index” by revoking the Emergency Detention Act of the 1950 Subversive Activity Control Act (see 1971). The FBI, in an apparent attempt to subvert the repeal, changes the title of the detention list to the “Administrative Index,” or “ADEX” for short. A source from the FBI will say the change is in “name only.” Another FBI official acknowledges that the new index could be “interpreted as a means to circumvent [the] repeal of the Emergency Detention Act.” The Justice Department secretly decides that Congress has not restricted the FBI’s authority. In a memo to J. Edgar Hoover, Attorney General John N. Mitchell says the repeal by Congress does “not alter or limit” the FBI’s authority to “record, file, and index” names of purportedly subversive individuals. According to Mitchell, the FBI maintains plans for a national emergency that are “prepared on the basis of authority other than” the provisions revoked by Congress. The Senate Select Committee on Intelligence will later report that the FBI “continued to evade the will of Congress, partly with Justice Department approval, by maintaining a secret administrative index of suspects for round-up in case of a national emergency.” The FBI will maintian control of the list until 1985, when it will be transferred to FEMA (see Late 1971-1985 and 1985). (Associated Press 12/18/1975; New York Times 4/29/1976; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities 5/1976, pp. 542-548; Crewdson 3/2/1986)
The FBI maintains a list of individuals to be closely monitored and possibly detained in the event of a national emergency. The list, known as the Administrative Index, or “ADEX,” is a continuation of the FBI’s Security Index, which was banned by Congress in 1971 (see 1971 and Late 1971). FBI Director Clarence M. Kelley says the index is a “readily available and up-to-date list of individuals deemed dangerous to the internal security and who would be afforded priority investigative coverage in the event of a national emergency.” The list is updated monthly and contains thousands of names of dissidents, anti-war protesters, and others considered to be potential risks in times of emergency. Sources tell the New York Times the index lists background information, history, and “nationalistic tendencies” of each subject. Kelley assures members of Congress that the list includes “only those individuals who pose a realistic, direct, and current danger to the national security.” The Senate Select Committee on Intelligence reports in April 1976 that the FBI abolished the index, but reports will later claim that the list is kept by the FBI well into the 1980s and transferred to the Federal Emergency Management Agency in 1985 (see 1985). (Crewdson 10/25/1975; Associated Press 12/18/1975; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities 5/1976, pp. 542-548)
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).
W. Mark Felt, the number three official at the FBI, is given the memo allegedly written by ITT lobbyist Dita Beard (see February 22, 1972) by Assistant Attorney General L. Patrick Gray to have it forensically analyzed. However, Gray soon demands the memo’s return. Felt has the memo analyzed, but no solid conclusions as to its validity can be initially determined. Shortly after returning the memo to Gray, Felt receives a phone call from White House counsel John Dean; Dean tells Felt that ITT experts had determined that the Beard memo was a forgery. On March 17, as Beard is denying writing the memo, FBI analysts report to Felt that the memo is likely authentic. Before the FBI can release its findings to the public, Dean presses Felt to change the letter; both Felt and FBI Director J. Edgar Hoover refuse, and Hoover releases the finding on March 23. Hoover even refuses a direct request from President Nixon to back off on the finding of authenticity. Felt feels that the request is nothing less than pressure from the White House to cover up the ITT-GOP connection, pressure which Felt will later characterize as “in some ways a prelude to Watergate.” (Gentry 2001, pp. 716-717; Woodward 2005, pp. 37-39)
According to the FBI’s Watergate investigation, John Mitchell, the director of the Committee to Re-elect the President (CREEP), and his aide Jeb Stuart Magruder discuss the proposal made by G. Gordon Liddy to plant electronic surveillance devices on the phone of the chairman of the Democratic Party, Lawrence O’Brien (see March 20, 1971). Magruder telephones President Nixon’s chief of staff, H. R. Haldeman, and Haldeman confirms that Nixon wants the operation carried out. (Spartacus Schoolnet 8/2007) On March 30, in a meeting held in Key Biscayne, Florida, Mitchell, the former Attorney General (see March 1, 1972), approves the plan and its budget of approximately $250,000. (O.T. Jacobson 7/5/1974 ) Other sources list this decision as coming almost a year earlier (see March 20, 1971). In this case, the FBI timeline is almost certainly in error, since the “Plumbers” break-in of the offices of Daniel Ellsberg’s psychiatrist came well before this date (see Late June-July 1971 and September 9, 1971).
L. Patrick Gray, an assistant attorney general in the Justice Department, is named the acting director of the FBI by President Nixon. (Federal Bureau of Investigation 2007) Gray, a Navy veteran and a “straight arrow” who neither smokes nor drinks, hires the first female FBI agents and relaxes the rigid agency dress code. He has a long relationship with Nixon, and worked on Nixon’s staff in the late 1950s when Nixon was vice president. Considered an outsider by many FBI officials, his naming to the post particularly infuriates deputy director W. Mark Felt, who believes he should have been given the post. Felt, who becomes the celebrated Watergate source “Deep Throat” (see May 31, 2005), may have decided to leak Watergate-related information in part because of his dislike for Gray and his resentment at not becoming director. (Purdom 7/7/2005)
A security guard at the Committee to Re-elect the President (CREEP), Stephen Anderson, is told by CREEP security director and Watergate burglar James McCord (see 2:30 a.m.June 17, 1972) to give McCord the keys to all of the offices, desks, and file cabinets on the second floor of CREEP’s building, which contain the committee’s financial records. McCord explains that some financial documents need to be destroyed and he needs access to everything to confirm their destruction. Anderson is later told by another CREEP employee, Penny Gleason, that she observed McCord’s aide Robert Houston destroying papers in McCord’s office. Anderson will testify to the FBI in the presence of a CREEP lawyer on June 30, 1972, and will say nothing of import; however, that afternoon Anderson will call the bureau and request to be interviewed again. He will then tell the investigators about the file destruction. Houston will deny the allegations. The FBI and the Washington District Attorney’s office will eventually stop allowing CREEP lawyers to sit in during interviews. (O.T. Jacobson 7/5/1974 )
Hours after the Watergate burglary (see 2:30 a.m.June 17, 1972), Attorney General Richard Kleindienst is contacted by burglar G. Gordon Liddy. Liddy, who is accompanied by Nixon campaign press spokesman Powell Moore, tells Kleindienst that campaign chairman John Mitchell wants Liddy to discuss the break-in with Kleindienst. Liddy tells the attorney general that some campaign and/or White House employees might be involved in the break-in, and asks if he can help facilitate their release. Kleindienst refuses, replying that he has a relationship with Mitchell, and therefore does not believe that Mitchell would have sent someone like Liddy to tell him anything. Kleindienst does not tell the FBI about the contact, and therefore the FBI has no early warning of any possible contacts between the burglary and the Nixon administration. In 1974, an internal review of the FBI’s Watergate investigation will be highly critical of Kleindienst’s decision to conceal Liddy’s information, noting: “It is difficult not to find fault with the failure of Kleindienst to immediately advise the Bureau of Liddy’s contact with him.… Had he done so, there is no doubt that our investigative direction at CRP [the Nixon campaign, often given the acronym CREEP] would have been vastly different. First, we would have not have had to conduct an exhaustive investigation to identify Liddy as we had to do. Secondly, it is easy to speculate that the successful cover up would have never gotten off the ground since we would have had reason to zero in on Mitchell and Liddy rather than to waste our time checking into [fellow burglar James] McCord’s security set-up and security co-workers at CRP.” (O.T. Jacobson 7/5/1974 )
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. (Lewis 6/18/1972) The real identities of the five are:
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.” (Lewis 6/18/1972; Woodward and Bernstein 6/19/1972) Barker owns a Miami real estate firm, Barker & Associates. (O.T. Jacobson 7/5/1974 )
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.”
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.
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).
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. (Lewis 6/18/1972; Woodward and Bernstein 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. (Lewis 6/18/1972; Woodward and Bernstein 6/19/1972)
While the police are arresting the five Watergate burglars (see 2:30 a.m.June 17, 1972), the team leader, E. Howard Hunt, goes to the hotel room in which Nixon campaign aide Alfred Baldwin has been monitoring the electronic surveillance devices surreptitiously installed in Democratic National Committee headquarters (see May 27-28, 1972). Baldwin was to monitor the burglars and warn them of trouble, but the burglar with the walkie-talkie, Bernard Barker, had his unit turned off and Baldwin was unable to warn them of police arriving on the scene. From Baldwin’s hotel room, Hunt phones a lawyer, Douglas Caddy; Hunt and Caddy both work at a public relations firm, Mullen Company, which some believe is a CIA front organization. Baldwin can hear Hunt talking about money, bail, and posting bonds. Hunt instructs Baldwin to load a van belonging to burglar James McCord with the listening post equipment and sensitive operational documents (the “Gemstone” file—see September 29, 1972), and drive to McCord’s house in Rockville, Maryland. Baldwin will soon tell his story to a lawyer, Robert Mirto; the information will soon find its way to DNC chairman Lawrence O’Brien. This is how O’Brien so quickly learns that White House aides such as Hunt and G. Gordon Liddy were involved in the Watergate burglary (see June 20, 1972). (Spartacus Schoolnet 8/2007)
FBI Finds Information Connecting Burglars to White House Aide - Within hours of the burglary, FBI agents searching the Watergate hotel rooms of the burglars find a check with the name “E. Howard Hunt” imprinted on it. (O.T. Jacobson 7/5/1974 ) In October 1974, burglar Bernard Barker will write: “When we went on the mission, I had put all our identifications and wallets in a bag in the hotel room, and I told Howard that if something happened he would have everything, including my address book with the White House phone number. But when he left the room, he was in such a big hurry that he left everything there. This was a very bad mistake, of course, because [the FBI] immediately established the connection with Hunt and me. They had the connections on a silver platter. But I guess Hunt had enough things to worry about then.” (Martinez and Barker 10/1974) The agents, quickly learning that Hunt is a White House employee, interview Hunt at his Potomac home; Hunt admits the check is his, but denies any knowledge of the burglary. (O.T. Jacobson 7/5/1974 )
James McCord, one of the five Watergate burglars (see June 17, 1972), is identified as the security director for the Committee to Re-elect the President (CREEP). McCord is also identified as a security consultant for the Republican National Committee (RNC), where he has maintained an office since January 1. After his arrest, McCord used a phony name to the police and the court, which kept his identity unclear for two days. The director of CREEP, former attorney general John Mitchell, originally denies that McCord is a member of the campaign, and merely identifies him as a Republican security aide who helped CREEP install a security system. (McCord has his own security business in Maryland, McCord Associates (see June 18, 1972).) (Woodward and Bernstein 6/19/1972; Gerald R. Ford Library and Museum 7/3/2007) Washington Post reporter Bob Woodward learns that McCord is a member of a small Air Force Reserve unit in Washington attached to the Office of Emergency Preparedness (OEP); the OEP, says a fellow reservist, is tasked with compiling lists of “radicals” and developing contingency plans for censorship of the news media and the US mail in time of war. (Bernstein and Woodward 1974, pp. 23) RNC chairman Bob Dole says that McCord provided similar services for that organization, and says of the burglary, “we deplore action of this kind in or out of politics.” Democratic Party chairman Lawrence O’Brien, whose offices were burgled and subject to electronic surveillance, says the “bugging incident… raised the ugliest questions about the integrity of the political process that I have encountered in a quarter century,” and adds, “No mere statement of innocence by Mr. Nixon’s campaign manager will dispel these questions.” (O’Brien has inside knowledge of the White House connections (see June 17, 1972).) O’Brien calls on Mitchell’s successor, Attorney General Richard Kleindienst, to order an immediate, “searching professional investigation” of the entire matter by the FBI. The FBI is already mounting an investigation. (Woodward and Bernstein 6/19/1972; Gerald R. Ford Library and Museum 7/3/2007)
The FBI learns that a hotel room in the Howard Johnsons Motor Lodge across the street from the Watergate hotel and office complex was rented by “McCord Associates,” the name of the security firm owned by Watergate burglar James McCord (see 2:30 a.m.June 17, 1972 and June 17, 1972). FBI agents quickly trace telephone calls from the room and locate the man who stayed in the room, Alfred Baldwin, who proves to have monitored the surveillance equipment installed in the Democratic National Committee headquarters (see May 29, 1972). (O.T. Jacobson 7/5/1974 )
White House counsel John Dean informs Attorney General Richard Kleindienst that “this matter [the Watergate burglary (see 2:30 a.m.June 17, 1972)] could lead directly to the White House.” Kleindienst is already aware of the possible link to the White House (see June 17, 1972). Kleindienst informs Deputy Attorney General Henry Peterson of Dean’s statement. Neither official divulges the possibility of a White House connection in the burglary to the FBI. (O.T. Jacobson 7/5/1974 )
White House counsel John Dean orders the opening of a safe belonging to Watergate burglar E. Howard Hunt (see 2:30 a.m.June 17, 1972). Dean orders that the contents be turned over (six days later, after Dean and other White House officials have had a chance to peruse them) to the FBI. The documents will soon be given to FBI acting director L. Patrick Gray, who keeps them for six months before burning them (see Late December 1972). Gray will later admit to the incident in his testimony before the Senate Watergate Committee (see February 28-29, 1973). (Time 4/2/1973) Dean finds in the safe, among other things, a loaded .25 caliber pistol; the attache case of burglar James McCord, loaded with electronic surveillance equipment and a tear gas canister; CIA psychological profiles of Pentagon Papers leaker Daniel Ellsberg (see March 1971); pages from the Pentagon Papers; memos to and from Nixon aide Charles Colson; two falsified diplomatic cables implicating former President John F. Kennedy in the 1963 assassination of South Vietnam’s President Ngo Diem Dinh; and a dossier on the personal life of Senator Edward Kennedy (D-MA). Nixon aide John Ehrlichman advises Dean to throw the contents of the safe into the Potomac River. (Reeves 2001, pp. 501-502) Shortly thereafter, Washington Post reporter Carl Bernstein, in discussions with a young assistant in White House aide Charles Colson’s office, learns that Hunt has been investigating Kennedy’s checkered past, particularly the Chappaquiddick tragedy of 1969, in which an apparently inebriated Kennedy drove his car into a lake, drowning his companion of the evening, Mary Jo Kopechne. Hunt was apparently looking for political ammunition against Kennedy in preparation for a possible presidential run. According to a former Nixon administration official, Colson and fellow Nixon aide H. R. Haldeman were “absolutely paranoid” about a Kennedy campaign run. (Bernstein and Woodward 1974, pp. 30-31)
Chief of Staff H. R. Haldeman tells President Nixon that the FBI is having trouble tracing the $100 bills found on the Watergate burglars (see 2:30 a.m.June 17, 1972). The money trail deadends at Miami’s Republic National Bank (see March-April 1972). Haldeman is also working on another diversion: claiming that investigative reporter Jack Anderson actually bugged the Democratic National Committee. The rumor is already circulating, Haldeman says. “The great thing about this is it is totally f_cked up and so badly done that nobody believes…” “That we could have done it,” Nixon finishes. “Well, it sounds like a comic opera, really.” Haldeman says the FBI cannot place “Plumber” E. Howard Hunt at the scene of the crime. “We know where he was,” says Haldeman. “But they don’t. The FBI doesn’t,” Nixon concludes. Haldeman adds: “The thing we forgot is that we know too much and therefore read too much into what we see that other people can’t read into. I mean, what seems obvious to us because of what we know is not obvious to other people.” (Reeves 2001, pp. 506-507)
The FBI’s acting director, L. Patrick Gray, authorizes White House counsel John Dean to sit in on the FBI’s interview of White House special counsel Charles Colson—in fact, the interview is conducted in Dean’s office. The order apparently originates with President Nixon, or Nixon’s senior aide John Ehrlichman, and not Gray. Dean is thus able to monitor and supervise everything that Colson says, and report his findings to the White House. Dean will be allowed to sit in on many subsequent FBI interviews of White House personnel; furthermore, all such requests for interviews will go through Dean, and Gray will even give Dean the FBI investigative reports. In its internal review of the FBI’s investigation two years later, the Office of Planning and Evaluation will call this Gray’s most “serious blunder from an investigative standpoint… obviously the furnishing to Dean by Mr. Gray of our reports allowed Dean the total opportunity to plan a course of action to thwart the FBI’s investigation and grand jury inquiry.” It is clear, the report will find, that Dean had ample opportunity to prepare White House officials as to what to say and what to conceal, and gave Dean “time to set the stage in order that the results of that investigation would be more favorable to Dean’s ultimate ends.” (O.T. Jacobson 7/5/1974 ; Woodward 2005, pp. 2)
During the FBI interview of Charles Colson in White House counsel John Dean’s office (see June 22, 1972), Colson tells the FBI investigator that Watergate burglar E. Howard Hunt’s office is on the third floor of the White House. The investigator asks if they can all go to Hunt’s office and see if Hunt, who has disappeared from view (see June 18, 1972), may have left something of interest there. Dean says he did not know until now that Hunt had an office in the White House. Dean refuses to let the FBI agent go to Hunt’s office, and promises to turn over anything in the office to the FBI. Four days later, Dean and his assistant, Fred Fielding, turn over two separate boxes of innocuous personal effects from Hunt’s office. The FBI later notes that it could not insist on visiting Hunt’s office because the agent lacked a search warrant. (O.T. Jacobson 7/5/1974 )
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 )
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. (Purdom 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)
Alfred Baldwin, a former FBI agent now working for the Campaign to Re-elect the President (CREEP) and the man who spent almost three weeks listening to the electronic surveillance devices monitoring the Democratic National Committee headquarters (see May 27-28, 1972 and June 17, 1972), agrees to cooperate with the government’s investigation of the Watergate burglary in order to avoid jail time. The FBI quickly learned of Baldwin’s involvement through examination of telephone logs of Baldwin’s calls during his monitoring of the DNC, and is ready to charge him for his participation in the DNC surveillance. Baldwin will identify E. Howard Hunt and G. Gordon Liddy as the two Nixon campaign aides involved in the burglary. In October 1972, the Los Angeles Times will publish an extensive interview with Baldwin which makes much of his FBI testimony public knowledge. (Spartacus Schoolnet 8/2007)
FBI Director L. Patrick Gray meets with White House aides John Ehrlichman and John Dean in Ehrlichman’s White House office. Dean gives Gray two files that he says came from Watergate burglar E. Howard Hunt’s office safe (see June 22-26, 1972). Gray should keep the files, Dean says; they are “political dynamite” that “should never see the light of day.” Gray will later burn the files rather than turn them over to the FBI (see April 27-30, 1973). (O.T. Jacobson 7/5/1974 ) According to Dean’s later testimony to the Senate Watergate Committee (see June 25-29, 1973), among the contents is a briefcase containing “loose wires, Chap Sticks with wires coming out of them, and instruction sheets for walkie-talkies.” (Time 7/9/1973) According to Washington Post reporter Bob Woodward’s FBI source W. Mark Felt, Ehrlichman tells Dean, “You go across the [Potomac] river every day, John. Why don’t you drop the g_ddamn f_cking things in the river?” (Bernstein and Woodward 1974, pp. 305-306) Dean tells Ehrlichman “in a joking manner that I would bring the materials over to him and he could take care of them because he also crossed the river on his way home. He said no thank you.” It was after that discussion that the decision was made to give the evidence to Gray. (Time 7/9/1973) Gray keeps the files for about a week, then puts them in an FBI “burn bag.” A Dean associate later tells Post reporter Carl Bernstein, “You ever heard the expression ‘deep six’? That’s what Ehrlichman said he wanted done with those files.” (Bernstein and Woodward 1974, pp. 305-306)
CIA Director Richard Helms confers with FBI Director L. Patrick Gray over the FBI’s investigation into the Mexican bank account apparently used to launder illegal campaign contributions (see Before April 7, 1972). Helms tells Gray that the Midwest finance chairman of the Nixon campaign, Kenneth Dahlberg, last had contact with the CIA in 1961. The FBI is not sure what the nature of this contact between Dahlberg and the CIA is. The next day, Gray tells his deputy, Mark Felt, that neither Dahlberg nor Mexican lawyer Manuel Ogarrio Daguerre (see Before April 7, 1972) are to be interviewed because of “national security considerations.” The CIA’s deputy director, Vernon Walters, will tell Gray on June 27 and 28 that neither Dahlberg nor Ogarrio have any connection with the agency, and the CIA has no reason to object to their being interviewed. Gray will give belated permission for the FBI to interview the two on July 6, 1972. Dahlberg will initially lie to the FBI about some of the money he collected that found its way into the account of one of the Watergate burglars (see 2:30 a.m.June 17, 1972). Ogarrio will also be interviewed, but only after Dean reverses his initial decision not to allow the FBI to talk with him. (Note on source: This information comes from a 1974 FBI report about the efficacy of the investigation; much of the information in these sections concerning the CIA is redacted. Also, another section of the FBI report says that Gray canceled the meeting with Helms at the request of Nixon aide John Ehrlichman.) (O.T. Jacobson 7/5/1974 )
Acting FBI Director L. Patrick Gray refuses to allow FBI investigators to interview Kathleen Chenow, a former secretary to David Young. Young, a former aide to White House special counsel John Ehrlichman, is one of the lawyers tasked with coordinating the activities of the “Plumbers” (see Late June-July 1971). Gray says that he cannot allow the agents to interview Chenow because of “national security” concerns. Gray will later tell investigators that Chenow has returned to the US in a military helicopter, in the company of Fred Fielding, the assistant to White House counsel John Dean (see June 22, 1972). Fielding was ordered by Dean to find Chenow and bring her in to speak to the FBI. Gray then permits the FBI to interview Chenow, in Dean’s presence. Chenow is not forthcoming. The FBI will later note, “It appears likely the reason we had to wait to interview Chenow was because Dean wanted to brief her beforehand.” Similarly, Gray will delay FBI interviews with Young until Dean has a chance to confer with the former White House aide. (O.T. Jacobson 7/5/1974 )
Acting FBI director L. Patrick Gray calls President Nixon to warn him that some of his White House aides are trying to “mortally wound” him by interfering with the FBI and the CIA in the Watergate investigation (see June 23, 1972). Nixon merely replies, “Pat, you just continue to conduct your aggressive and thorough investigation.” Gray later testifies (see August 1973), “I expected the president to ask me some questions.” When Gray hears nothing for two weeks from Nixon, he concludes that he is just being “alarmist” about the situation. (Time 8/20/1973)
Watergate surveillance man Alfred Baldwin (see May 29, 1972) confesses to his role in the electronic eavesdropping on Democrats in the Watergate office complex. Baldwin tells FBI agents that he worked directly for burglar James McCord, and also had contact with two other burglars, E. Howard Hunt and G. Gordon Liddy. Baldwin’s statement is the first direct link for FBI investigators between the burglary and Hunt and Liddy. (O.T. Jacobson 7/5/1974 )
FBI Director L. Patrick Gray begins sending FBI investigation files, including classified 302 files (raw interview materials), to White House counsel John Dean (see June 22, 1972). Gray does not clear the reports through the office of the attorney general, as he is mandated by law to do. Gray has no authority under the law to transfer the files to anyone, particularly those who are connected to the subjects of FBI investigations. (O.T. Jacobson 7/5/1974 )
President Nixon and his chief of staff, H. R. Haldeman, are cautiously optimistic that the FBI investigation of the Watergate burglary is being contained (see June 20, 1972). White House counsel John Dean seems to be in control (see June 22, 1972 and July 21, 1972), and so far, no one interviewed by the FBI is giving information about any connections to high-ranking White House officials. Nixon and Haldeman even find some humor in the situation. “What [Watergate burglar E. Howard] Hunt is doing is using all of the g_ddamn permissive crap that the previous Supreme Court has given us for his purposes,” Nixon says, “The same way that murderers and rapists get off.” Haldeman agrees. “The murderers and rapists have gotten off because of publicity, publicity, too much publicity,” Nixon continues. “I never agreed with it, but now that the court has spoken, that’s the law of the land. And if it’s good for a murderer, it’s good for a wiretapper.” Hilarity ensues. (Reeves 2001, pp. 517-518)
Herbert L. “Bart” Porter, the director of scheduling for the Committee to Re-elect the President (CREEP) (see May 1971), gives a statement to the FBI about his knowledge of the Watergate burglary. Porter reluctantly does as his boss and friend, Jeb Magruder, has instructed him to, and lies to the agents. Magruder had assured Porter that White House and CREEP aide G. Gordon Liddy is solely responsible for the burglary, and that no one else—certainly not Magruder—knows anything about the incident. In retrospect, Porter calls Magruder a “master seducer” who used their friendship to help him dodge responsibility for his actions. Magruder criticized Liddy for being a loose cannon, and for spending huge sums of campaign money on “dirty tricks” without higher authorization. According to Magruder, Watergate was jeopardizing the campaign, and needed to be brought into focus. “Call it what you might,” Porter will write, “‘an embellishment of the truth,’ ‘a little white lie,’ or ‘a substitute of one perfectly legal activity for another legal activity’—I did not like any part of it.” But Porter believes Magruder’s protestations of innocence and non-involvement. When the FBI asks Porter about the purpose of money that had passed through his hands from Hugh Sloan, CREEP’s treasurer, to Liddy, Porter answers as instructed: for political intelligence-gathering. Porter believes that his ‘little white lie’ is the end of his involvement in the Watergate investigation, a belief that is quite wrong. (Porter 10/1974)
Washington Post reporters Carl Bernstein and Bob Woodward have little luck talking to anyone who works for the Committee to Re-elect the President (CREEP). Both reporters spend several evenings visiting and telephoning CREEP employees at their homes. The first person Bernstein speaks to turns him away, shuddering. He has to leave “before they see you,” she says. “Please leave me alone. I know you’re only trying to do your job, but you don’t realize the pressure we’re under.” Another bursts into tears as she turns him away. “I want to help,” she says, but “God, it’s all so awful.” A third begs: “Please don’t call me on the telephone—God, especially not at work, but not here either. Nobody knows what they’ll do. They are desperate.”
Sally Harmony - One thing they do find out is the level of knowledge possessed by Sally Harmony, G. Gordon Liddy’s secretary at CREEP. Harmony had not been truthful or forthcoming in her recent testimony before the FBI and the grand jury investigating the Watergate break-in (see 2:30 a.m.June 17, 1972). This ties in with another Post reporter’s tip to Bernstein that Harmony lied to protect both her boss and CREEP deputy director Jeb Magruder. A Justice Department attorney confirms the fact that prosecutors believe Harmony was not truthful in her testimony, but they lack the evidence to charge her with perjury.
Destruction of Records - Some CREEP employees guardedly tell Bernstein and Woodward about large-scale destruction of records in the days after the Watergate burglary, but they know no specifics. Those who would know were interviewed by FBI investigators, but were interviewed at CREEP headquarters, in the presence of either a CREEP lawyer or Robert Mardian, the political coordinator of the committee and a former assistant attorney general. According to the employees Bernstein and Woodward interview, Mardian never directly told anyone to lie, but told them not to volunteer anything and evade whenever possible.
Pieces of Information - They garner other shreds of information:
John Mitchell, who resigned from the directorship of CREEP (see July 1, 1972), is still heavily involved in the organization, appearing three times a week “telling Fred LaRue and Bob Mardian what to do.”
Magruder himself is terrified, acting “like the roof is going to fall down on him tomorrow.”
CREEP director Clark MacGregor wanted to write a report detailing his knowledge of campaign finance irregularities, “but the White House said no.”
Prosecutors had asked employees if they knew of other surveillance operations besides the one at Democratic headquarters.
FBI officials had asked about documents being shredded.
“I heard from somebody in finance that if they [the FBI] ever got a look at the books it would be all over, so they burned ‘em.”
Liddy “would never talk” and Harmony talked about her “bad memory.”
“From what I hear they were spying on everybody, following them around, the whole bit.”
The obvious terror of the people they interview unsettles the two reporters. (Bernstein and Woodward 1974, pp. 58-61)
Washington Post reporter Bob Woodward visits his FBI source, top bureau official W. Mark Felt (see May 31, 2005), at Felt’s suburban Virginia home. Felt instructs Woodward that if he is to continue funneling information to Woodward as his “deep background” source, ground rules need to be set. Felt brings his early FBI experience as a Nazi tracker to bear. No more phone calls and no more visits, Felt says. Woodward needs an unobtrusive way to contact Felt to arrange a meeting; Felt suggests that Woodward use a flowerpot with a small red flag currently on his apartment balcony. Moving the flowerpot from the front of the balcony to the rear will alert Felt that Woodward wants a meeting. The meetings will take place at 2 a.m. on the bottom level of an underground parking garage in Rosslyn, Virginia. Woodward is to employ countersurveillance techniques for these meetings—taking the stairs instead of the elevators, taking taxicabs instead of his personal car, switching cabs, walking the last few blocks to the garage. If Felt wants a meeting, he will, by methods he never explains, indicate this by marking Woodward’s morning copy of the New York Times. Woodward is never to divulge anything of Felt’s contacts or their relationship to anyone, Felt insists. “I had never heard of such extreme precautions,” Woodward recalls in 2005. “It was extraordinary.” Woodward realizes that Felt is an extraordinary source taking extraordinary risks, and agrees to the procedures. (Woodward 2005, pp. 61-66)
Herbert L. “Bart” Porter, the director of scheduling for the Committee to Re-elect the President (CREEP) (see May 1971), learns that he will have to testify before the Watergate grand jury. Porter has already lied to the FBI in an initial interview (see July 31, 1972), and, as he later writes, is dismayed to learn that he will have to lie under oath again. His boss, Jeb Magruder, instructs him to “tell the same story” that he told the FBI investigators—that the campaign money he had passed along to Watergate burglar G. Gordon Liddy had been for nothing more than political “intelligence gathering.” Porter will write: “Having been given to believe that Liddy, unauthorized, had used his dirty-trick funds for l’affaire Watergate, I could not see why it sounded better to call them intelligence funds. But if I felt that testifying falsely before a grand jury just to change the name of a few never-to-be-performed campaign pranks, I felt powerless to do otherwise. I was trapped. If I changed my answer, what would I be doing to Jeb, [former CREEP chairman] John Mitchell, [Nixon aide] Bob Haldeman, and others who I was told were depending on me? I would lie awake at night imagining my getting through the ordeal without having to repeat that absurd story. I did not know that I was being used to cover up the truth about Watergate.” (Porter 10/1974)
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). (Bernstein and Woodward 6/3/1973)
Washington Post reporter Carl Bernstein manages to land a meeting with a low-level employee of the Committee to Re-elect the President (CREEP); like the other employees he and his colleague Bob Woodward have interviewed, she is frightened (see August, 1972), but more willing to speak out.
Meeting - The employee insists that they meet for lunch in a public restaurant frequented by CREEP personnel, so that she will not seem as if she is meeting clandestinely with a reporter. Bernstein asks if she is not being overdramatic, and she responds: “I wish I was. They know everything at the committee. They know that the indictments (see September 15, 1972) will be down in a week and that there will be only seven. Once, another person went back to the [district attorney] because the FBI didn’t ask her the right questions. That night her boss knew about it. I always had one institution I believed in—the FBI. No more.”
Does Not Think Story Will Come Out - She also went back to the DA, she says, but has no faith that the story will ever come to light. “It’ll never come out, the whole truth. You’ll never get the truth. You can’t get it by reporters just talking to the good people. They know you’ve been out talking to people at night. Somebody from the press office came up to our office today and said, ‘I sure wish I knew who in this committee had a link to Carl Bernstein and Bob Woodward.’ The FBI never even asked me if I was at the committee over the weekend of the break-in. I was there almost the whole time. [Robert] Odle [CREEP’s personnel director] didn’t tell them everything he knew. He kept removing records. I don’t know if he destroyed them or not. He would tell everybody to get out of the room and then close the door. Then he’d leave with the records.… The whole thing is being very well covered up and nobody will ever know what happened.”
Names Named - As Bernstein walks her back to her office—again, to avoid the appearance of trying to hide her contact with the press—she adds: “Okay, I’ll tell you, but it won’t do any good. And don’t ever call me, or come to see me or ask any questions about how I know. LaRue, Porter, and Magruder. They all knew about the bugging, or at least lied to the grand jury about what they know. And Mitchell. But Mitchell is mostly speculation. Take my word on the other three. I know.” Frederick LaRue, Bart Porter, Jeb Magruder, and John Mitchell are all former White House officials who moved over to work for CREEP.
Discovered - Later that afternoon, Bernstein receives a phone call from the woman, who is near hysteria. “I’m in a phone booth,” she says. “When I got back from lunch, I got called into somebody’s office and confronted with the fact that I had been seen talking to a Post reporter. They wanted to know everything. It was high up; that’s all you have to know. I told you they were following me. Please don’t call me again or some to see me.” That evening, Bernstein and Woodward go to her apartment; she refuses to open the door. Shortly thereafter, CREEP director Clark MacGregor calls Post executive editor Ben Bradlee to complain that Bernstein and Woodward have been harassing his employees. (Bernstein and Woodward 1974, pp. 60-62)
US Attorney Earl Silbert, the chief prosecutor for the Watergate burglary case (see 2:30 a.m.June 17, 1972), has the FBI “electronically sweep his office as well as the federal grand jury area” for surveillance devices. Silbert asks for the sweep because of information appearing in the Washington Post’s Watergate reporting that Silbert believes may be coming from inside the courthouse. The sweep, conducted on September 5, finds nothing. FBI deputy director W. Mark Felt—“Deep Throat” (see May 31, 2005)—signs off on Silbert’s request. (Woodward 2005, pp. 68)
The FBI finds another electronic surveillance device—a “bug”—on the telephone of Spencer Oliver, an official with the Democratic National Committee. Oliver’s office was one of those targeted in the earlier Watergate burglaries (see 2:30 a.m.June 17, 1972). It is not known how the bug got there, whether it had been planted during the earlier break-in or in a subsequent operation, and whether it transmitted any phone conversations. The FBI later notes that several earlier “sweeps” of Oliver’s office found no traces of the bug. Watergate burglar James McCord will examine the device in April 1973, and testify that it is one of the devices he planted. (O.T. Jacobson 7/5/1974 )
Washington Post reporter Carl Bernstein interviews a reluctant source, a bookkeeper for the Committee to Re-elect the President (CREEP). In All the President’s Men (see June 15, 1974), Bernstein and co-author Bob Woodward merely identify her as “The Bookkeeper” (Bernstein and Woodward 1974, pp. 63-68) , but she will later be identified as Judy Hoback. Hoback tries to persuade Bernstein to leave her apartment, but Hoback’s sister, who is also present, seems supportive of Bernstein, and the reporter tries to find ways to stay and winkle information out of Hoback. But Hoback seems willing to play along with Bernstein to an extent. She will not provide damaging information against her boss, Maurice Stans, but otherwise she says she wants the truth to come out. She says the top officials at CREEP have decided to try to pin the blame for everything on former CREEP treasurer Hugh Sloan, for whom she feels great sympathy. She confirms that documents have been destroyed to prevent investigators from finding the truth behind the financial improprieties, and confirms the existence of a secret campaign “slush fund,” saying that CREEP deputy director Jeb Magruder was one official in charge of managing the fund. In a subsequent interview conducted by both reporters, Hoback confirms that G. Gordon Liddy received cash from the fund, as well as CREEP scheduling director Bart Porter. She confirms that several CREEP officials, including personnel director Robert Odle, lied to the investigating grand jury. Like so many other CREEP employees, Hoback has no faith that the FBI is conducting any sort of impartial investigation: “My feeling is that the FBI turns the information in and it goes upstairs,” presumably to the White House. Although Hoback’s information is more tantalizing than useful at the moment, Bernstein and Woodward will use her statements as confirmation for other, subsequent allegations. (Bernstein and Woodward 1974; Woodward 2005, pp. 228)
The first indictments against the five men accused of burglarizing Democratic National Headquarters (see June 17, 1972)—James McCord, Frank Sturgis, Bernard Barker, Eugenio Martinez, and Virgilio Gonzalez—are handed down. White House aides G. Gordon Liddy and E. Howard Hunt are also indicted. (Gerald R. Ford Library and Museum 7/3/2007) The indictments are for conspiracy, interception of communications, and burglary. (O.T. Jacobson 7/5/1974 )
Washington Post Investigation - In its story of the indictments, the Washington Post will note that the indictments do “not touch on the central questions about the purpose or sponsorship of the alleged espionage” against the Democrats. Post reporter Carl Bernstein asks a Justice Department official why the indictments are so narrowly focused, as the FBI has certainly unearthed the same information as the Post investigation. After the source admits that the Justice Department knows about the campaign “slush fund” and the White House connections to the electronic surveillance, an indignant Bernstein asks why the Post should not run a story accusing the department of ignoring evidence. The official responds that the department does not intend to file any future indictments, and that the investigation is currently “in a state of repose.” (Bernstein and Woodward 1974, pp. 69-70)
FBI Continues to Probe - FBI spokesman J. W. Hushen says that the indictments have ended the investigation and the agency has “absolutely no evidence to indicate that any others should be charged.” Contrary to Hushen’s statement and the Justice Department official’s comment to Bernstein, the FBI will continue its investigation. A day later, Deputy Attorney General Henry Peterson says that any charges that the FBI has conducted a “whitewash” of the Watergate conspiracy are untrue. (O.T. Jacobson 7/5/1974 ; Reeves 2001, pp. 526-527)
Bay of Pigs Forged Bond - Martinez will later recall Hunt as one of his heroes from the time of the Cuban Revolution. Hunt, a CIA agent using the code name “Eduardo,” endeared himself to Martinez and other anti-Castro Cubans by denouncing the failed Bay of Pigs invasion as the fault of then-President Kennedy and others unwilling to fight against Fidel Castro. Martinez, himself then a CIA agent and an associate of Barker, Sturgis, McCord, and Gonzalez, will later write, “I can’t help seeing the whole Watergate affair as a repetition of the Bay of Pigs.” (Martinez and Barker 10/1974)
Washington Post reporter Bob Woodward lands a telephone interview with the deputy director of the Nixon re-election campaign, Jeb Magruder. Magruder figures heavily in the illegal finances of the campaign (see September 14-17, 1972), and wants to clear his name. He says that the FBI determined that reports of his receiving $50,000 or more from the CREEP “slush fund” are incorrect. Woodward refuses to back off on an upcoming story detailing Magruder’s involvement in the campaign fund, but agrees to say that “government investigators,” and not the FBI specifically, had informed Magruder of the allegations against him. The interview has little of substance, but Woodward notes Magruder’s tone: though he is the second most powerful official at CREEP, his voice shakes while talking to the reporter. (Bernstein and Woodward 1974, pp. 77-78)
An FBI agent working the Watergate investigation accuses Washington Post reporter Carl Bernstein of having illegal access to the FBI’s “302s,” the raw interview forms compiled by agents after speaking with witnesses and suspects during an investigation. These forms are classified and not available to the public. The information about documents being destroyed by Nixon campaign officials, and about the campaign “slush fund,” could have only come from 302s, the agent says. Bernstein takes the agent’s complaints as a backhanded confirmation of their reporting. But he also knows that 302s are raw, unconfirmed material, filled with every allegation and speculation told to agents, and cannot themselves be used as the source for any sort of news report. (Bernstein and Woodward 1974, pp. 79-86)
The former treasurer for the Campaign to Re-elect the President (CREEP), Hugh Sloan, tells Washington Post reporter Carl Bernstein that the situation with CREEP’s finances is far worse than the Post has reported (see September 14-17, 1972). “That’s why I left, because I suspected the worst,” he says. He refuses to give specifics, citing the continuing FBI investigation and his lawyer’s advice to remain silent. He does confirm that CREEP officials had instructed employees to be evasive when interviewed by the FBI (see August, 1972), and that the committee’s handling of the FBI investigation was managed by CREEP officials Robert Mardian and Frederick LaRue. He also confirms that former CREEP director John Mitchell knew of the illegal campaign “slush fund” (see September 29, 1972). “Mitchell had to know of the funds,” Sloan says. “You don’t just give out that kind of money without the head of the campaign knowing what it’s going for, especially when his people are getting the cash.” Mitchell, LaRue, and Mardian are the three directly responsible for managing the fund, Sloan believes, and are responsible for ordering the destruction of financial records after the Watergate burglary (see 2:30 a.m.June 17, 1972). The previously reported “convention security” fund (see July 7, 1972) and the campaign “slush fund” are one and the same, Sloan confirms. Sloan acknowledges making payouts from the fund, but will not reveal who authorized him to do so. Perhaps most interestingly, Sloan says that the general perception of the Nixon administration and CREEP as two separate, self-contained entities is wrong, that everything CREEP does is managed by senior White House officials. Coming away from the meeting, Bernstein and his colleague Bob Woodward are now sure that the Watergate conspiracy does not end in CREEP, but extends into the White House itself. (Bernstein and Woodward 1974, pp. 79-86)
Around 2 a.m., Washington Post reporter Bob Woodward meets his FBI source, W. Mark Felt (popularly called “Deep Throat”—see May 31, 2005) in the underground parking garage Felt has designated as their rendezvous (see August 1972). Woodward’s partner Carl Bernstein has unearthed fascinating but puzzling information about a Nixon campaign “dirty tricks” squad headed by California lawyer Donald Segretti (see June 27, 1971, and Beyond and October 7, 1972). Woodward is desperately searching for a way to pull together the disparate threads of the various Watergate stories. An unusually forthcoming Felt says he will not give Woodward any new names, but directs him to look in “the direction of what was called ‘Offensive Security.’” Things “got all out of hand,” Felt tells Woodward, in “heavy-handed operation[s]” that went farther than perhaps their originators had intended. Felt says bluntly that Nixon campaign chairman John Mitchell was involved, and, “Only the president and Mitchell know” how deep Mitchell’s involvement really is. Mitchell “learned some things in those ten days after Watergate,” information that shocked even him. If what Mitchell knows ever comes to light, it could destroy the Nixon administration. Mitchell himself knew he was ruined after Watergate investigation began, and left the administration to try to limit the damage. Felt adds that Nixon aide John Ehrlichman ordered Watergate burglar E. Howard Hunt to leave town (see June 18, 1972), a revelation that surprises Woodward, since Ehrlichman’s name has not yet come up in the conspiracy stories.
Four Major Groups - There are four major groups within the Nixon presidential campaign, Felt says. The “November Group” handles campaign advertising. Another group handles political espionage and sabotage for both the Republican and Democratic National Conventions. A third “primary group” did the same for the campaign primaries (this group not only worked to sabotage Democrats, but Republican primary opponents of Nixon’s as well). And a fourth, the “Howard Hunt group,” is also known as the “Plumbers,” working under Hunt (see 2:30 a.m.June 17, 1972). Felt calls the Plumbers the “really heavy operations team.” Hunt’s group reports directly to Charles Colson, Nixon’s special counsel. One set of operations by Hunt’s group involved planting items in the press; Felt believes Colson and Hunt leaked stories of former Democratic vice presidential candidate Thomas Eagleton’s drunk driving record to reporters. “Total manipulation—that was their goal, with everyone eating at one time or another out of their hands. Even the press.” The Post is specifically being targeted, Felt warns; the White House plans to use the courts to make Woodward and Bernstein divulge their sources.
Watergate Investigation Deliberately Narrow - Felt says that the Justice Department’s indictments against the seven Watergate burglars (see September 15, 1972) was as narrow as Department officials could make it. Evidence of political espionage or illegal campaign finances that was not directly related to the burglary was not considered. Felt says that the investigation, as narrow as it was, was plagued by witness perjury and evasions.
Everything is Interconnected - Everything—surveillance operations, illegal campaign finances, campaign “dirty tricks”—is interconnected, Felt says. The Segretti story is just the tip of the iceberg: “You could write stories from now until Christmas or well beyond that.” The two men have been alternately standing and sitting in the unlighted parking garage for hours; dawn is approaching, and both are exhausted. Woodward knows he needs specifics, the names of these higher-ups. How is he to know if he is not being railroaded down investigative dead ends by White House media manipulation operations? How about the “Canuck letter” that destroyed the candidacy of Democratic presidential hopeful Edmund Muskie? “It was a White House operation,” Felt replies: “done inside the gates surrounding the White House and the Executive Office Building. Is that enough?” It is not, Woodward retorts. Are there more intelligence and sabotage operations still to come? Woodward angrily says that he is tired of their “chickensh_t games,” with Felt pretending he never provided primary information and Woodward contenting himself with scraps of disconnected information. Felt replies: “Okay. This is very serious. You can safely say that 50 people worked for the White House and CREEP [the Nixon re-election campaign] to play games and spy and sabotage and gather intelligence. Some of it is beyond belief, kicking at the opposition in every imaginable way. You already know some of it.” Woodward lists the many examples that he and Bernstein have been able to unearth: surveillance, following people, press leaks, fake letters, campaign sabotage, investigations of campaign workers’ private lives, theft, campaign provacateurs. Felt nods. “It’s all in the [FBI] files. Justice and the Bureau know about it, even though it wasn’t followed up.” Woodward, despite himself, is stunned. The White House had implemented a systematic plan to subvert the entire electoral process? Had used fifty people to do it? “You can safely say more than fifty,” Felt says, and walks up the ramp and out of the garage. It was 6 a.m. Woodward uses Felt’s information to help create one of the most devastating stories yet published about Watergate (see October 10, 1972). (Bernstein and Woodward 1974, pp. 130-135; Woodward 2005, pp. 75-79)
'Organizing Principle' of Watergate - Nixon White House counsel Leonard Garment will write in his 2000 book In Search of Deep Throat (in which he misidentifies the source as obscure Nixon staffer John Sears) that while Woodward’s source did not deliver “much in the way of specific information, he gave Woodward and Bernstein what they needed: an organizing principle.” It is during this time, Garment will write, that the reporters begin to truly understand the entirety of the Watergate conspiracy. (Woodward 2005, pp. 191-194)
FBI agents are now convinced that the Watergate break-in (see 2:30 a.m.June 17, 1972) is one example of actions conducted by a massive campaign of political espionage and sabotage conducted on behalf of the Nixon re-election effort, the Washington Post reports. (Gerald R. Ford Library and Museum 7/3/2007) The efforts, ongoing since at least 1971, were directed at all of the major Democratic presidential contenders, and represent a fundamental strategy of the Nixon re-election effort. The entire conspiracy is, according to FBI and Justice Department information, directed by officials in the Nixon administration and in the Committee to Re-elect the President (CREEP). Hundreds of thousands of dollars have been set aside to pay for what reporters Carl Bernstein and Bob Woodward call “an extensive undercover campaign aimed at discrediting individual Democratic presidential candidates and disrupting their campaigns.” Some of the operations include:
Following members of Democratic candidates’ families and assembling files on their personal lives (former Democratic presidential candidate Edmund Muskie tells reporter Carl Bernstein that his children were followed and that inquiries about them had been made at their school, but cannot be sure that it was Nixon campaign agents doing the surveillance; Bernstein will report this and other Muskie campaign allegations on October 12).
Forging letters and distributing them under the candidates’ letterheads.
Leaking false and fabricated items to the press (Bernstein’s October 12 story includes an item about false allegations of sexual misconduct against Democrats Hubert Humphrey and Henry Jackson).
Sabotaging Democrats’ campaign schedules with planned disruptions (see June 27, 1971, and Beyond).
Stealing confidential campaign files.
Investigating the lives of dozens of Democratic campaign workers.
Planting “provocateurs” in organizations expected to demonstrate at the Democratic and Republican national conventions.
Investigating potential donors to the Nixon campaign before approaching them for money.
A CREEP spokesman calls the allegations “not only fiction but a collection of absurdities,” and notes that “the entire matter is in the hands of the authorities.” Perhaps the best-known example of CREEP political sabotage is the so-called “Canuck letter” (see (February 24-25, 1972). The letter was apparently written by White House official Ken Clawson, who denies writing the letter (see October 10, 1972). (Bernstein and Woodward 10/10/1972) Washington Post reporter Bob Woodward, who co-writes the story, uses information from his “Deep Throat” FBI source (see October 9, 1972) to pen what he later recalls as a much more “aggressive, interpretive” story than he and colleague Carl Bernstein have ever written before. White House press secretary Ron Ziegler refuses to answer questions about the story 29 separate times in a press conference held just after the story is published. Woodward later writes that he is astonished the FBI never responded to the story, even though information sourced from the bureau is heavily cited throughout the story. Woodward later learns that the FBI had repeatedly declined to investigate Segretti. (Bernstein and Woodward 1974, pp. 149-150; Woodward 2005, pp. 75-81)
Washington Post reporter Bob Woodward is phoned by a Post reporter in Los Angeles, Robert Meyers. Meyers has spoken with a fraternity brother of Nixon campaign operative Donald Segretti (see June 27, 1971, and Beyond). The fraternity brother, Larry Young, told Meyers that the FBI learned of Segretti and his campaign operations through the phone records of Watergate burglar E. Howard Hunt (see 2:30 a.m.June 17, 1972). Hunt had called Segretti numerous times to give Segretti instructions about something Young does not know, but “it wasn’t the [campaign] bugging.” Woodward had not known of any Segretti-Hunt connection. Young told Meyers that Segretti admitted working for “a wealthy California Republican lawyer with national connections and I get paid by a special lawyer’s trust fund.” Woodward believes the lawyer in question is Herbert Kalmbach, President Nixon’s personal lawyer; Meyers had asked Young about Kalmbach, but Young did not recognize the name. He does identify the lawyer as having an office in Newport Beach, where Kalmbach has his office. Young believes that Segretti met with both Hunt and White House aide Dwight Chapin (see October 7, 1972). Segretti often talked of going to Miami—the home of most of the Watergate burglars—to meet with Hunt and Chapin. Segretti told Young that when he was in Miami, someone Segretti didn’t identify asked him to organize a group of young Cubans to mount an assault on the Doral Beach Hotel, the location of the Republican National Convention, and make it look as if the Cubans were McGovern campaign workers. Segretti refused to carry out this particular idea, calling it blatantly illegal and violent. Woodward is aware that just such an assault had indeed taken place at the hotel, and that many suspected that there were Republican provocateurs in the crowd of protesters.
Segretti Worried about Being the Fall Guy - When the FBI first contacted Segretti, two weeks before the July convention, Young says that Segretti was shocked that he had not been given advance warning. Segretti worried that he was being set up as a fall guy. In his testimony to the FBI and before the Watergate grand jury, Segretti told them about his connections with Hunt and Chapin, and named the lawyer who paid him. So, Woodward muses, the Justice Department had known of the connections between Segretti, Hunt, and Chapin since June and had not followed up on them. Young agrees to go on the record as a source, and Woodward confirms the story through a Justice Department lawyer. The FBI didn’t consider what Segretti did to be strictly illegal, the lawyer tells Woodward, but “I’m worried about the case. The Bureau is acting funny… there is interest in the case at the top.… [W]e’re not pursuing it.” The lawyer refuses to be more specific. Chapin carefully denies the story. He admits he and Segretti are old college buddies, and does not directly deny that he was Segretti’s White House contact.
Haldeman Connection - A former Nixon administration official tells Woodward, “If Dwight has anything to do with this, it means Haldeman,” referring to Nixon’s chief of staff H. R. Haldeman. “He does what two people tell him to do: Haldeman and Nixon.” The Post story runs on October 15, without naming Kalmbach. The story breaks two new areas of ground: it is the first of its kind to rely on on-the-record sources (Young), and it is the first to directly allege that the Watergate conspiracy reaches into the White House itself and not merely the Nixon re-election campaign. A Time magazine follow-up adds that Chapin had hired Segretti, and names Gordon Strachan, a political aide to Haldeman, had taken part in hiring Segretti as well. Most importantly, Time names Kalmbach as the lawyer who paid Segretti. Irate at being scooped, Woodward quickly confirms Kalmbach’s status as paymaster with a Justice Department attorney, and in a conversation with former campaign treasurer Hugh Sloan, confirms that Segretti was paid out of the campaign’s “slush fund” managed by campaign finance chief Maurice Stans (see September 29, 1972). Kalmbach had distributed far more money than was given to Segretti, Sloan says. (Bernstein and Woodward 1974, pp. 150-159)
Verified - On October 18, the New York Times runs a story that uses telephone records to verify Segretti’s calls from Hunt. (Bernstein and Woodward 1974, pp. 167)
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)
Washington Post reporter Bob Woodward runs into difficulty with his FBI source, W. Mark Felt, the infamous “Deep Throat” (see May 31, 2005). Woodward wants information connecting Nixon’s chief of staff, H. R. Haldeman, to the Nixon campaign “slush fund” (see Early 1970), but Felt, apparently afraid of crossing Haldeman (see October 19, 1972), refuses to provide anything specific.
Origin of Error - Woodward and his colleague, Carl Bernstein, attempt to secure confirmation of Haldeman’s role in Watergate through the treasurer of the Nixon campaign’s secret fund (see September 29, 1972), Hugh Sloan. The reporters misinterpret Sloan’s cautious statements as indirect confirmation that Sloan had testified to the FBI of Haldeman’s involvement. Additionally, they misinterpret guarded “confirmations” from two other sources. On October 25, the Post publishes a story about Sloan’s supposed assertions.
'All Hell Broke Lose' - Sloan’s attorney denies that his client ever made such an assertion in his testimony (Sloan will later confirm that Haldeman was indeed in charge of the secret fund, but he never testified to that fact). As Woodward later writes, “All hell broke loose.” Woodward and his partner Carl Bernstein, both clearly upset, offer to resign from the Post, an offer that is refused. The White House celebrates the error, calling into question every story Bernstein and Woodward wrote for the Post; Republican supporters such as Senator Bob Dole (R-KS) join in. Post executive editor Ben Bradlee—who stands by the story—will later say that the erroneous story is his personal low point in the history of the entire Watergate coverage.
Repercussions - Felt is furious with Woodward for the erroneous story. They may have lost Haldeman, Felt says, and worse, have spooked other sources that might otherwise have come forward. “You’ve got people feeling sorry for Haldeman. I didn’t think that was possible.… You put the investigation back months. It puts everyone on the defensive—editors, FBI agents, everybody has to go into a crouch after this.” The reporters write another story admitting the error about Sloan’s testimony, but saying that Haldeman did indeed control the secret campaign fund. Woodward even quotes Felt, identifying him as “one source,” an unprecedented breach of the procedures they have established in using Felt as a “deep background” source. (Bernstein and Woodward 1974, pp. 173-196; Woodward 2005, pp. 88-92)
Three men hijack a commercial airliner and threaten to crash it into a nuclear plant, and authorities also fear they might crash it into President Richard Nixon’s winter home in Florida. (Graff 2011, pp. 43-47) The hijacking occurs on Southern Airways Flight 49, a DC-9 bound from Memphis, Tennessee, to Miami, Florida, with scheduled stops in Birmingham, Alabama, Montgomery, Alabama, and Orlando, Florida. (Koerner 6/19/2013) The plane has 27 passengers and four crew members on board. The hijackers—three men with criminal records—are Lewis Moore, Henry Jackson, and Melvin Cale. The aim of the hijacking, Moore will later say, is to bring attention to the brutality and racism of the Detroit Police Department. The ordeal, which lasts 29 hours, is, at the current time, “the most chilling domestic hijacking in US history,” according to national security historian Timothy Naftali. (Naftali 2005, pp. 61; Allen 6/6/2016)
Hijackers Demand a $10 Million Ransom - The hijackers manage to smuggle guns and grenades onto Flight 49 in a raincoat. (Koerner 6/19/2013) The plane takes off from Memphis at 5:05 p.m. on November 10. The hijackers seize control of it at 7:22 p.m., during the second leg of the flight. One of them enters the cockpit carrying a revolver and with an arm around the neck of a flight attendant. He tells the pilot, William Haas, “Head north, Captain, this is a hijacking.” (Detroit Free Press 11/12/1972; Graff 2011, pp. 43) The hijackers demand $10 million to release the plane. (Naftali 2005, pp. 61) Haas transmits a hijack code to air traffic controllers who, in response, begin the well-known and widely used procedures for dealing with a hijacking. They notify the FBI in Washington, DC, and the Federal Aviation Administration’s special hijacking command post.
Airline Is Told of the Hijackers' Ransom Demand - The plane lands in Jackson, Mississippi, at 8:10 p.m. to be refueled and then takes off at 8:36 p.m., heading for Detroit, Michigan, where the hijackers intend to settle their complaints with city officials. At around 10:30 p.m., while the plane is circling over Detroit, the FBI notifies the city’s mayor and Southern Airways of the hijackers’ ransom demand. At 12:05 a.m. on November 11, the plane leaves the Detroit area due to bad weather and heads for Cleveland, Ohio, where it lands and is refueled. It takes off from Cleveland at 1:38 a.m. and heads for Toronto, Canada.
Hijackers Threaten to Crash the Plane into a Nuclear Facility - While it is on the ground in Toronto, the hijackers learn that Southern Airways has only gathered $500,000 in ransom money. They refuse to take this and release the passengers. Consequently, after being refueled, the plane takes off at 6:15 a.m. and flies back to the US. It heads for Knoxville, Tennessee. As it is ascending, the hijackers tell controllers that unless their demands are met, they will crash Flight 49 into the Oak Ridge nuclear facility, near Knoxville. (Detroit Free Press 11/12/1972; Graff 2011, pp. 43-45) Jackson says: “We’re tired of all this bull. No more foolin’ around. We’re taking this f_cker to Oak Ridge and dive it into a nuclear reactor.” (Burleson 2007, pp. 66) By this time, the White House, the Pentagon, and the Atomic Energy Commission are all involved in dealing with the crisis. (Graff 2011, pp. 45) Meanwhile, key personnel at Oak Ridge discuss the possible outcomes of Flight 49 crashing into their facility. At the bare minimum, they all agree, the impact could rupture the protective shell and result in a massive release of radioactivity; the worst possibility is a core meltdown. (Burleson 2007, pp. 66-67)
White House Official Talks to the Hijackers - The plane diverts to Lexington, Kentucky, to be refueled and, by 11:00 a.m., is again over Oak Ridge. The hijackers are then connected to the White House. John Ehrlichman, the president’s top domestic aide, comes on the radio and Jackson tells him, “I’m up over Oak Ridge, where I’ll either throw a grenade or I’ll put this plane down nose first.” He says he and the other hijackers want a letter signed by the president stating that their ransom money is a grant from the government and they won’t be prosecuted. Ehrlichman says it will take some time to fulfil their request.
Hijackers Receive the Ransom Money - The hijackers then direct the plane to Chattanooga, Tennessee, where it lands at 1:30 p.m. It is refueled and the hijackers are given the ransom money, along with food and other supplies. Southern Airways has only been able to put together $2 million, but the airline is assuming—correctly, as it turns out—that the hijackers will lack the time to count the money and realize it is much less than the amount they demanded. The plane leaves Chattanooga at 2:35 p.m. and heads to Cuba, where many hijackers fled during the 1960s and early 1970s.
Authorities Fear the Plane May Be Crashed into the President's Winter Home - As Flight 49 is flying south over Florida, authorities become concerned that the hijackers might crash it into the president’s retreat in Key Biscayne, where Nixon is currently staying. Military officials contact Florida’s Homestead Air Reserve Base and fighter jets there are placed on alert as a precaution. Fortunately, no incident occurs and Flight 49 lands in Havana at 4:49 p.m. However, to the surprise of the hijackers, the Cubans are unhappy about the plane’s arrival and soldiers surround the aircraft after it touches down. José Abrantes, President Fidel Castro’s head of security, explains to the hijackers the nation’s discomfort about the situation. Therefore, after being refueled, Flight 49 leaves Havana and heads back to the US.
FBI Agents Shoot the Plane's Tires - It lands at McCoy Air Force Base in Orlando at 9:17 p.m. By now, Robert Gebhardt, assistant director of the FBI’s investigative division, has given the order to disable the plane when it is next on the ground. Consequently, after it lands, FBI agents start shooting at its tires. The hijackers, realizing what is happening, order Haas to start the plane’s engines. In the panic that follows, Jackson threatens Harold Johnson, the co-pilot, and shoots him in the arm in front of the terrified passengers. The hijackers give the order to take off and, despite now having two flat tires, the plane is able to get off the ground. Jackson then orders Haas to fly to Cuba again. The damaged plane makes an emergency landing in Havana at 12:32 a.m. on November 12. (Detroit Free Press 11/12/1972; Graff 2011, pp. 45-52) Cuban soldiers then arrest the hijackers and seize the ransom money, so it can be returned to Southern Airways. (Koerner 6/19/2013)
New Security Measures Will Be Introduced in response to the Hijacking - The catastrophic incident will lead to increased security in the aviation industry. Within two months, mandatory screening of all passengers and carry-on luggage will be introduced. The Justice Department will sign an agreement with the Department of Defense, making military assistance available to the FBI in the event of a terrorist emergency. Other measures will be considered but not introduced, such as armoring cockpit doors, allowing pilots to carry weapons, and centralizing airport security nationwide under a single agency. (Naftali 2005, pp. 66-67; Graff 2011, pp. 53) “No one understands the impact that this flight and this 30-hour ordeal had on the nation, and transforming everyone, from the White House to the FBI, to the way that we board an airplane every day,” Brendan Koerner, author of a book about aircraft hijackings, will comment in 2016. (Allen 6/6/2016) As a result of the hijacking of Flight 49, “the American public for the first time began to take the question of terrorism seriously and began to accept trade-offs of civil liberties in exchange for greater security,” journalist and author Garrett Graff will write. (Graff 2011, pp. 53-54)
Dorothy Hunt, the wife of accused Watergate burglar E. Howard Hunt (see 2:30 a.m.June 17, 1972), dies in a plane crash that claims the lives of 44 others when it crashes just after takeoff from Chicago’s Midway Airport. Some believe that the plane crash may have been planned, though there is no hard evidence to support this contention.
Blackmailing the White House? - Hunt and his fellow “Plumbers” (see Late June-July 1971) have been regularly receiving “hush money” payments from the Nixon presidential campaign to stay quiet about their activities (see March 20, 1971). With the prospect of going to prison, Hunt threatened to reveal juicy details of who exactly paid him to organize the Watergate burglary. His wife helped negotiate a payoff deal with Nixon aide Charles Colson. Hunt’s fellow Plumber, James McCord, will later claim that Dorothy Hunt said that her husband has information that would “blow the White House out of the water.” She was, Colson later admits, “upset at the interruption of payments from Nixon’s associates to Watergate defendants.” Former Attorney General John Mitchell, the head of Nixon’s re-election organization, arranged to have Nixon aide Frederick LaRue pay the Hunts $250,000 to keep their mouths shut. The day of the crash, Dorothy Hunt had arranged to meet with CBS journalist Michelle Clark, perhaps to discuss the Watergate investigation. Clark, Dorothy Hunt, and Illinois congressman George Collins are aboard the plane, United Airlines Flight 533, when it crashes into a Chicago neighborhood; all three die. Hunt is reported to be carrying $10,000 in cash as a partial payoff for the burglars (see February 28, 1973), but some sources will later claim that she was carrying far more. (Spartacus Schoolnet 8/2007) Shortly after the crash, White House aides H. R. Haldeman and John Ehrlichman tell Nixon that Mrs. Hunt had distributed $250,000 in cash to her husband and the other Watergate burglars. The cash was delivered to Mrs. Hunt by White House courier Tony Ulasewicz, whose standard procedure was to take cash from the White House to Washington’s National Airport and leave the money in a rented locker. (Reeves 2001, pp. 551) In October 1974, Watergate burglar Bernard Barker will confirm that Dorothy Hunt was the burglars’ connection to the White House. Barker will recall that, months after the burglary, he met her in Miami, where she told him, “From now on, I will be your contact.” (Martinez and Barker 10/1974)
FBI 'Swarms' Crash Site - One reporter, Lalo J. Gastriani, later reports that just after the crash, the downed plane is swarmed by “a battalion of plainclothes operatives in unmarked cars parked on side streets.” The neighbors who report this to Gastriani say that some of the “operatives” look like “FBI types,” and one neighbor recognizes a “rescue worker” as a CIA agent. Gastriani’s account sounds like the worst conspiracy theory and is anything but conclusive, but future FBI director William Ruckelshaus will later admit that his agency had over 50 agents at the crash site. Interestingly, one of Colson’s aides directly involved in overseeing Hunt’s “Plumbers,” Egil Krogh, will be named as undersecretary of transportation one day after the crash; the position gives Krogh direct control over the two agencies responsible for investigating the crash. Another Nixon aide, Dwight Chapin, soon becomes a top executive at United Airlines. (Spartacus Schoolnet 8/2007)
Acting FBI director L. Patrick Gray burns key documents in the Watergate case. He has had the documents, originally kept in the safe of Watergate burglar E. Howard Hunt, in his possession for about five months. The two Nixon aides who gave him the documents, John Ehrlichman and John Dean, warned Gray that they were “political dynamite” and should never see the light of day. Gray dithers over what to do with the documents for that entire time period before finally burning them with his Christmas trash. The documents include falsified diplomatic cables that implicated former President John F. Kennedy in the assassination of President Ngo Dinh Diem of South Vietnam, and a dossier on Democratic Senator Edward Kennedy’s troubled personal life. Gray will later tell investigators that he destroyed the papers because they had no relation to Watergate, and in 2005 will admit that he destroyed them on direct orders from White House officials. He will say that he had no idea “that these guys are trying to sandbag me,” and will add, “I know it’s hard for people to think somebody could be so stupid, but I believed them.” (Purdom 7/7/2005) Gray will reveal his destruction of evidence during the Watergate investigation (see April 27-30, 1973).
The trial of the seven men accusing of breaking into Democratic headquarters at the Watergate hotel and office complex (see 2:30 a.m.June 17, 1972) begins. Defendant G. Gordon Liddy is confident to the point of exuberance, waving triumphantly to the jurors; the other defendants are more subdued. Prosecutor Earl Silbert’s opening argument presents a scenario in which Liddy had been given money for legitimate political intelligence-gathering purposes, and on his own decided to mount illegal operations. Washington Post reporter Bob Woodward, observing in the courtroom, is dismayed; Silbert is giving the jury the “Liddy-as-fall-guy” tale Woodward and his colleague Carl Bernstein had learned of months before, and which Nixon and his aides had discussed in June (see June 21, 1972). After Silbert’s opening argument, Hunt abruptly changes his plea to guilty; the four Miami-based burglars—Bernard Barker, Virgilio Gonzalez, Eugenio Martinez, and Frank Sturgis—soon follow suit (see January 10, 1973). (Bernstein and Woodward 1974, pp. 229-231; Gerald R. Ford Library and Museum 7/3/2007)
Herbert L. “Bart” Porter, the Nixon campaign’s director of scheduling, testifies in the trial of the “Watergate Seven” (see January 8-11, 1973). As he has done twice before, he lies under oath, claiming that the money that had passed through his office to accused burglar G. Gordon Liddy was for nothing more than intelligence gathering (see August 1972). He will later describe himself as “beside myself with apprehension.” Earlier he felt he had lied for good reason, to protect good people from a small incident that had grown far beyond its proportion, but now he has to keep repeating the same “inconsequential” lie over and over merely because he has already told it, once to the FBI and once to the Watergate grand jury. “I could not change my story without betraying those whom I thought to be my friends,” Porter will write. “For the first time I felt the terrors of unnamed dangers to myself and to my family.” (Porter 10/1974)
During the Watergate trial of G. Gordon Liddy and James McCord (see January 30, 1973), Washington Post reporters Carl Bernstein and Bob Woodward begin poring over the exhibits and papers filed as evidence with the court. Woodward begins calling the phone numbers listed in the address books of the burglars (see June 18, 1972). He is told by one of the first people he calls: “The FBI? They never, never contacted me. I never talked to them.” Woodward is appalled that the FBI has made such a fundamental investigative failure of not calling all of the people listed in the books. (An FBI internal report will later attempt to explain the lapse—see July 5, 1974.)
Woodward Calls Witnesses - When the court releases the names of upcoming witnesses, Woodward begins calling them, too. He asks one witness, who knows burglar E. Howard Hunt (see January 8-9, 1973) very well, what he will testify to. “I’ll tell you what I could testify to, but [prosecutor Earl] Silbert won’t ask,” the witness replies. “If the judge does or any of the attorneys, I’ll say it.” The witness has already told everything he knows to Silbert and FBI investigators.
Ehrlichman Allegedly Ran Plumbers - He says that if asked, he would tell the court that, according to Hunt, White House aide John Ehrlichman was in charge of the Plumbers (see December 7, 1972). Hunt would have rather dealt with another White House aide, Charles Colson, “because Colson understood that such [secret intelligence gathering operations against political opponents] are necessary.” Ehrlichman was reluctant to implement some of Hunt’s schemes, the witness says, but Colson pushed them through. Former Nixon campaign chief John Mitchell received typed logs and reports of the wiretaps on the Democrats, the witness says.
Conspiracy Linked to Dean - Most surprisingly for Woodward, the witness says that when Hunt was in hiding from investigators (see June 18, 1972) and demanding a lawyer, he insisted that White House counsel John Dean find him one. This is the first time anyone has publicly connected Dean to the Watergate conspiracy.
Not Asked - As the witness predicts, he will not be asked any of this when he testifies. Woodward and Bernstein write a long analysis of the trial, headlined “Still Secret: Who Hired Spies and Why,” observing that the Liddy/McCord trial is notable for “questions that were not asked, answers that were not given, witnesses who were not called to testify, and some lapses of memory by those who were.” At the bond hearing for Liddy and McCord after the trial, Judge John Sirica will say that he hopes the proposed Senate investigation (see February 7, 1973) can find out what the trials did not. (Bernstein and Woodward 1974, pp. 237-241)
Washington Post reporter Bob Woodward once again meets with his FBI background source, W. Mark Felt—known around the Post offices as “Deep Throat” (see May 31, 2005). Felt says that everyone in the FBI knows, or is convinced, that former Nixon campaign chief John Mitchell and White House aide Charles Colson were the driving forces behind the “Plumbers,” the “special investigative unit” that carried out illegal surveillance and burglaries for the Nixon re-election campaign (see Late June-July 1971). “Colson’s role was active,” Felt says. “Mitchell’s position was more ‘amoral’ and less active—giving the nod but not conceiving the scheme.” While no one at the bureau doubts this, Felt says, there is only “the weakest circumstantial evidence” to prove it. “‘Insulation’ is the key word to understand why the evidence can’t be developed.” He adds, perhaps challengingly, “If the FBI couldn’t prove it, I don’t think the Washington Post can.” Mitchell and Colson sponsored convicted Watergate burglars G. Gordon Liddy and E. Howard Hunt, Felt says. “And if you’ll check, you’ll find that Liddy and Hunt had reputations that are the lowest. The absolute lowest. Hiring these two was immoral. They got exactly what they wanted. Liddy wanted to tap the New York Times and everybody knew it. And not everybody was laughing about it. Mitchell, among others, liked the idea.” (The scheme to wiretap the Times was never carried out.) With the convictions of the burglars (see January 8-11, 1973 and January 30, 1973), the White House’s plan now is to contain the damage and prevent any congressional hearings from finding out anything further. The key to the damage-control plan, Felt says, is the broad claim of presidential “executive privilege” to keep investigators from subpoenaing White House records. Someone from inside the conspiracy is going to have to crack, Felt says, or there will never be more than rumor and circumstantial evidence that will prove nothing. Felt is disgusted with the FBI investigation’s deliberate narrowness (see Mid-January, 1973), saying that it could have gone far deeper and farther afield than it did. “The efforts to separate the Watergate and the espionage-sabotage operations are a lot of bullsh_t,” he says. After heated discussions over Felt’s latest revelations, Woodward and his colleague Carl Bernstein decide there is not enough concrete evidence for a new story. (Bernstein and Woodward 1974, pp. 243-246)
Washington Post reporter Bob Woodward meets with W. Mark Felt, his secretive “Deep Throat” FBI source (see May 31, 2005), at an out-of-the-way bar in Maryland. During the meeting, Felt warns Woodward that the FBI is up in arms about finding the source, or sources, of news leaks about Watergate. The Nixon campaign lawsuit and subpoenas to Woodward and other reporters (see February 26, 1973) are “only the first step” in an all-out White House campaign against the press in general and the Post in particular. Felt says that Nixon has “told the appropriate people, ‘Go to any length’ to stop them. When he says that, he really means business.” There is about $5 million left in the Nixon campaign fund from the 1972 elections, and Nixon intends to use that money to, as Felt says, “take the Washington Post down a notch.” A full-blown grand jury investigation of the Watergate leaks is being planned, Felt says. Felt describes Nixon as “wild” and “shouting” about the idea. “He thinks the press is out to get him and therefore is disloyal; people who talk to the press are even worse—the enemies within, or something like that.” Felt seems surprisingly unconcerned, and explains that he feels the Nixon administration is, in Woodward’s words, “on the ropes.” “It can’t work. They’ll never get anyone. They never have. They’re hiding things that will come out and even discredit their war against leaks. They can’t stop the real story from coming out. That’s why they’re so desperate.… The flood is coming, I’m telling you.” Felt says that all of this is why L. Patrick Gray pressured the White House into naming him as permanent FBI director (see February 17, 1973), so he could help contain the leaks and ensure that the press never learns the true extent of Watergate. Felt also strongly implies that the Gray nomination is the result of implicit blackmail on Gray’s part—name him FBI director or, as Felt puts it, “all hell could break loose.” Gray and White House counsel John Dean will later deny this. (Bernstein and Woodward 1974, pp. 268-270; Woodward 2005, pp. 12-13)
President Nixon formally nominates acting FBI director L. Patrick Gray to permanently head the agency. His nomination is sent to the Senate Judiciary Committee for action. (O.T. Jacobson 7/5/1974 ) Many political observers find the nomination inexplicable. It is virtually certain that Gray’s confirmation hearings (see February 28-29, 1973) will turn into a Congressional inquiry into the FBI’s reluctance to investigate the broader aspects of the Watergate conspiracy. Administration officials confirm that the decision to nominate Gray was the result of a contentious debate, with President Nixon personally overruling the strenuous objections of his top aide, John Ehrlichman. (Bernstein and Woodward 1974, pp. 267-268)
An internal FBI memo shows that the bureau suspects one of its own as being a source for Washington Post reporters Bob Woodward and Carl Bernstein for Watergate-related information. The memo reads in part: “As you know, Woodward and Bernstein have written numerous articles about Watergate [in which] they have frequently set forth information which they attribute to Federal investigators, Department of Justice sources and FBI sources.… [T]here is no question but that they have access to sources either in the FBI or the Department of Justice.” The memo says that the FBI’s acting director, L. Patrick Gray, has ordered an analysis of the reporters’ most recent article to determine its source and to locate the FBI leaker. The memo is signed by W. Mark Felt, the FBI’s deputy director and Woodward’s infamous source, nicknamed in the Post newsroom “Deep Throat” (see May 31, 2005). Woodward, who will read the memo for the first time in 1992, will realize as he pores over the document that Felt used the memo to cover his own tracks, not only by initiating the leak inquiry but by casting suspicion, however briefly, on US Attorney Donald Campbell. (Woodward 2005, pp. 7-11)
The Senate confirmation hearings of FBI director L. Patrick Gray (see February 17, 1973) begin. (Woodward 2005, pp. 13-14) As predicted (see February 27, 1973), they are an opportunity for angry Democrats to grill Gray about the FBI’s failure to expand their investigation of the Watergate conspiracy beyond the burglary itself (see 2:30 a.m.June 17, 1972). Gray launches his testimony by insisting that the FBI conducted a “massive special” investigation, a “full-court press” with “no holds barred.” But on the first day of testimony, without even being asked, Gray volunteers that he had given White House Council John Dean some of the raw FBI files of the investigation (see June 28, 1972), and offers the senators the files to peruse for themselves. (Time 4/2/1973; Bernstein and Woodward 1974, pp. 272-273; O.T. Jacobson 7/5/1974 ) Gray admits to turning over at least 82 FBI documents on the investigation to Dean, even though the FBI’s general counsel had ordered that no documents be turned over without the approval of Attorney General Richard Kleindienst. In doing so, not only did Gray circumvent Kleindienst, whose Justice Department would have to prosecute anyone violating federal laws in the Watergate conspiracy, but gave information to White House officials bent on concealing evidence of their own involvement. Gray turns over a document showing that he spoke with Dean at least 33 times about the Watergate investigation between June and September 1972. (Time 4/2/1973; O.T. Jacobson 7/5/1974 ) After the second day of testimony, Washington Post reporter Carl Bernstein learns from Gray’s lawyer, William Bittman, that Dean had never given the FBI two notebooks from the safe of Watergate burglar E. Howard Hunt (see June 19, 1972). Bittman believes the notebooks contained information about who was involved in the Watergate conspiracy. Bittman, clearly disturbed by the missing documents, notes that they were “[v]aluable enough for someone to want them to disappear.” The Gray hearings will bring John Dean’s involvement in Watergate to the fore, and reveal that Gray took possession of the notebooks. (Time 4/2/1973; Bernstein and Woodward 1974, pp. 272-273; O.T. Jacobson 7/5/1974 )
William Sullivan, a high-ranking FBI official with decades of experience in conducting covert intelligence operations against anti-war and civil rights organizations and the chief of the FBI’s investigation into the assassinations of John F. Kennedy and Martin Luther King, Jr, writes a memo to White House counsel John Dean offering some advice on how the White House should handle the burgeoning Watergate investigation. Sullivan blasts the entire operation for “atrocious judgment” and a “lack of professionalism and competency.” He then turns to the problem of handling the Senate investigation (see February 7, 1973). There are three major elements in the Watergate conspiracy, Sullivan writes: “the breaking and entering of the [Watergate] building… the applications of technical surveillances… [and] the financing.” Sullivan observes that the financing “might turn out to be the most serious and harmful element in the problem.” Sullivan then turns to some of the details of the defense:
If the Senate investigation turns out to be a relatively limited and partisan probe, then the White House should, Sullivan counsels, sit back, deny everything, and wait for it to run its course. If the investigation is “real and exhaustive,” then “sitting tight” is “the wrong tactic.”
Sullivan recommends hiring a top-flight legal representative, preferably someone with a reputation for integrity and bipartisanship, and recommends having only “one or two men in high authority” working with that lawyer to ensure that the lawyer only hears what the White House wants him to hear. Another lawyer should be hired as an assistant, one who knows the Senate well and has experience in the Washington “jungle.”
When the Senate investigation launches its probe, press secretary Ron Ziegler should “issue a very clear, forceful and carefully constructed statement in representing the president, condemning again the Watergate activities and saying that he has instructed all concerned in the government to give their complete and willing cooperation to Senator Ervin and his colleagues.”
Sullivan writes that avoiding or downplaying specific issues would be a mistake. Instead, each issue should “be faced openly, briefly and without equivocation.” The investigation needs to be as brief as possible.
The overriding purpose of the Watergate defense should be to protect Richard Nixon and the Office of the President. “If worse comes to worse, bearing in mind the main objectives stated above, those involved in the Watergate affair should be considered expendable in the best interests of the country. Their culpability should be set forth in its entirety thereby directing the attention of the probers and the attention of the reading public away from the White House and to the men themselves where the blame belongs.”
Sullivan says that he knows little about the financial element of the Watergate conspiracy, but again warns of the potential damage it could cause. “[I]f it is as serious as I think it could be then those fully knowledgeable in this area should give the matter the most searching thought possible. Much more harm could be done here than in the area of the other two elements, namely breaking and entering and possessing and using electronic surveillance devices.” (Spartacus Schoolnet 8/2007; Spartacus Schoolnet 8/2007)
Acting FBI director L. Patrick Gray, mired in contentious Senate hearings about his nomination to permanently take the position (see February 28-29, 1973), says that contrary to media reports, White House counsel John Dean took nothing from the safe of Watergate burglar E. Howard Hunt. The White House issues a statement making the same claim. But Gray’s claims are critically undermined by another revelation. In FBI documents released to the Senate by Gray as part of his testimony, and subsequently made available to the public, one document catches the eye of reporters: a memo titled “Interview with Herbert W. Kalmbach.” Kalmbach, President Nixon’s personal lawyer, said in the interview that in August or September 1971, he had obeyed instructions from Nixon aide Dwight Chapin to hire Nixon campaign operator Donald Segretti (see June 27, 1971, and Beyond) and pay Segretti for his services. The interview guts the White House’s claim that it never hired any such agents provacateurs as Segretti, destroys Gray’s (and the FBI’s) credibility with many senators, and vindicates the media’s reporting on the broader Watergate conspiracy. The atmosphere at the Washington Post is jubilant. Post reporters Carl Bernstein and Bob Woodward put together a scathing news analysis based on the discovery, using quote after quote from administration sources and pairing each quote with information disproving the administration claims. Unfortunately, the reporters later write, the article is unintentionally “packaged like an ax murder,” with a row of pictures of Nixon officials that resemble a lineup of mug shots. White House officials later tell the reporters that this single story garners a tremendous amount of hatred and resentment among Nixon officials. (Bernstein and Woodward 1974, pp. 273-274; Woodward 2005, pp. 13-14)
Convicted Watergate burglar James McCord (see January 30, 1973) writes a letter to the presiding judge, John Sirica, in response to Sirica’s requests for more information. McCord writes that he is “whipsawed in a variety of legalities”—he may be forced to testify to the Senate (see February 7, 1973), and he may be involved in future civil and other criminal proceedings. He also fears unspecified “retaliatory measures… against me, my family, and my friends should I disclose” his knowledge of the Watergate conspiracy. But McCord wants some leniency from Sirica in sentencing. McCord alleges that the five defendants who pled guilty did so under duress. The defendants committed perjury, McCord continues, and says that others are involved in the burglary. The burglary is definitely not a CIA operation, though “[t]he Cubans may have been misled” into thinking so. McCord writes, “I know for a fact that it was not,” implying inside knowledge of at least some CIA workings. McCord requests to speak with Sirica privately in the judge’s chambers, because he “cannot feel confident in talking with an FBI agent, in testifying before a Grand Jury whose US attorneys work for the Department of Justice, or in talking with other government representatives.” In his discussion with Sirica, he makes the most explosive charge of all: he and his fellow defendants lied at the behest of former Attorney General John Mitchell, now the head of the Nixon re-election campaign, and current White House counsel John Dean. (Bernstein and Woodward 1974, pp. 275-276; Time 1/7/1974; James W. McCord, Jr 7/3/2007; Gerald R. Ford Library and Museum 7/3/2007) It seems that McCord writes his letter to Sirica in retaliation for President Nixon’s firing of CIA director Richard Helms, and the White House’s attempts to pin the blame for the Watergate conspiracy on the CIA (see December 21, 1972).
The Senate hearings for L. Patrick Gray’s nomination as FBI director (see February 28-29, 1973) become ever more contentious after revelations that the White House lied about its employment of campaign operatives like Donald Segretti (see March 6-7, 1973). Gray testifies that White House counsel John Dean “probably” lied when he told FBI investigators he did not know Watergate burglar E. Howard Hunt worked in the White House (see 2:30 a.m.June 17, 1972), even though the FBI’s investigation showed that Dean originally hired another of the burglary plotters, G. Gordon Liddy. (Time 4/2/1973; Bernstein and Woodward 1974, pp. 274; Woodward 2005, pp. 13-14)
Acting FBI director L. Patrick Gray, writhing under harsh questioning in his Senate confirmation hearings (see February 28-29, 1973), has displayed a candor and a willingness to reveal information that the White House has found disturbing. But that comes to an end; after Gray’s early offer to let senators examine the FBI’s files on the Watergate investigations, Attorney General Richard Kleindienst overrules that offer. Kleindienst insists that Gray has no authority to make such an offer, and instead proposes that only the chairman of the Judiciary Commiteee, James Eastland (D-MS), and its ranking member Roman Hruska (R-NE), be allowed to view the files. Gray is privately ordered by Kleindienst to stop talking about the FBI investigation. Gray reluctantly obeys, and begins responding to questions about the investigation by saying, “I respectfully decline to answer that question.” Towards the end of the hearings, Gray will inform the committee about Kleindienst’s “gag order.” Kleindienst may have issued the order because of Gray’s testimony that he was pressured by White House aides John Dean and John Ehrlichman to find and close media leaks they believed were coming from within the FBI, requests that Gray resented “because I don’t think there were those leaks within the FBI.” (Time 4/2/1973; O.T. Jacobson 7/5/1974 )
Gray's Partisanship Questioned - Committee members also question Gray’s open advocacy of the Nixon administration, a position they find unbecoming in a supposedly nonpartisan FBI director. They want to know why in September 1972 he abandoned the agency’s nonpartisan tradition and ordered 21 field offices to file expert advice on how best Nixon and his aides could handle campaign issues related to criminal justice. And they are disturbed that during the 1972 campaign, Gray himself stumped for Nixon in three separate speeches, in what Time magazine calls “blatantly political activity his predecessor [J. Edgar Hoover] would never have undertaken.” Committee member Robert Byrd (D-WV) said before the hearings: “In the nine months that Mr. Gray has held the post of acting director, there has been increasing criticism of that bureau as becoming more and more a political arm of the administration. Under J. Edgar Hoover, the FBI had always been a nonpolitical bureau, and Mr. Hoover meticulously avoided partisanship in campaigns.” Confirmation of Gray, Byrd continued, “would be damaging to the proficiency and morale of the agency.” Many senators also question Gray’s lack of law enforcement experience. (Time 3/5/1973)
'Twist[ing] in the Wind' - During the hearings, Nixon aide John Ehrlichman privately proposes that the White House not support Gray, and instead leave him to “twist slowly, slowly in the wind” until he resigns (see April 5, 1973). Shortly before his death in 2005, Gray will say, “I made the gravest mistake of my 88 years” in going to work for Nixon. “I put the rudder in the wrong direction.” (Purdom 7/7/2005)
L. Patrick Gray, the acting director of the FBI, withdraws his name from consideration to become the full-fledged director after a bruising month of Senate hearings (see February 28-29, 1973). (Time 4/16/1973) Gray resigns from the FBI shortly thereafter (see April 27-30, 1973). (Purdom 7/7/2005) (Gray and the White House made some fruitless attempts to skew the hearings in Gray’s favor. According to the FBI’s 1974 internal Watergate report, “It is noted that in connection with his confirmation hearings, Mr. Gray on occasion instructed that proposed questions and answers about various matters be prepared which could be furnished to friendly Republican Senators.” One such set of “friendly” questions was indeed asked by Senator Edward Gurney (R-FL) about the ongoing FBI investigation of Donald Segretti—see June 27, 1971, and Beyond.) (O.T. Jacobson 7/5/1974 ) The Senate Judiciary Committee was sharply divided over Gray’s nomination, with many senators viewing Gray as little more than a White House operative due to his admitted improper cooperation with White House aides in the FBI’s Watergate investigation, and his admitted destruction of potentially incriminating evidence. Many in the Nixon White House had privately withdrawn their support for Gray. Committee chairman James Eastland (D-MS) told Attorney General Richard Kleindienst that it was unlikely the committee will approve Gray’s ascension to the post. The committee’s ranking minority member, Roman Hruska (R-NE), a Nixon loyalist, proposed that the commitee delay any decision until after the Senate Watergate Committee completes its investigation, giving Gray time to quietly resign, but Gray’s most powerful opponent on the committee, Robert Byrd (D-WV) headed off that proposal. After the session, Gray asked President Nixon to withdraw his name from consideration. Nixon says that Gray is a victim of “totally unfair innuendo and suspicion,” and defends his administration’s access to the FBI files as “completely proper and necessary.” Byrd proposes that the FBI become an independent agency not answerable to the attorney general, as does another lawmaker, Senator Henry “Scoop” Jackson (D-WA). The proposal will not gain much traction. (Time 4/16/1973)
White House counsel John Dean meets with President Nixon to discuss his upcoming testimony before the Watergate grand jury (see April 6-20, 1973). Dean apologizes for not telling Nixon himself (Nixon had learned of Dean’s intent to testify from the Justice Department—see April 6-20, 1973). Dean agrees not to talk about “national security” matters such as the indiscriminate wiretapping the White House has had the FBI perform. Nixon also says that “he had, of course, only been joking” when he the remark he made earlier to Dean about being able to provide $1 million in “hush money” to the Watergate burglars (see March 21, 1973). According to later testimony by Dean (see June 25-29, 1973), during the meeting, Nixon “went behind his chair to the corner of the office and in a nearly inaudible tone said to me he was probably foolish to have discussed Hunt’s clemency with Colson” (see March 21, 1973). Dean concludes by saying that he hopes nothing he’s done will “result in the impeachment of the President.” According to Dean’s testimony, Nixon replies jokingly, “I certainly hope so also.” Both men are stilted and formal; Nixon knows he is being tape-recorded for posterity (see July 13-16, 1973), and Dean suspects the taping. The White House will contend that Dean’s version of events is wrong, and that Nixon tells Dean he has to testify without immunity. The audiotapes later show that Dean’s version of events is accurate. (Time 7/9/1973; Reeves 2001, pp. 587-588)
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)
The New York Daily News reports that acting FBI director L. Patrick Gray destroyed potentially incriminating evidence taken from the safe of Watergate burglar E. Howard Hunt (see Late December 1972). Gray, who testified to this days before to the Watergate grand jury, said that he received the material from White House counsel John Dean. “I said early in the game,” Gray testifies, “that Watergate would be a spreading stain that would tarnish everyone with whom it came in contact—and I’m no exception.” Shortly afterwards, Washington Post reporter Bob Woodward learns from his “Deep Throat” source, FBI deputy director W. Mark Felt (see May 31, 2005), that the story is true. Felt informs Woodward that Gray was told by Nixon aides Dean and John Ehrlichman that the files were “political dynamite” that could do more damage to the Nixon administration than Watergate (see June 28, 1972). Woodward realizes that the story means Gray’s career at the FBI is finished. Woodward and his colleague Carl Bernstein write their own report for April 30; the same day, Gray resigns from the FBI (see April 5, 1973). Instead of Felt being named FBI director, as he had hoped, Nixon appoints the head of the Environmental Protection Agency, William Ruckelshaus, to head the bureau. Felt is keenly disappointed. (Time 8/20/1973; O.T. Jacobson 7/5/1974 ; Woodward 2005, pp. 96-98) When he learns of Gray’s actions, Post editor Howard Simons muses: “A director of the FBI destroying evidence? I never thought it could happen.” (Bernstein and Woodward 1974, pp. 306-307) The FBI’s 1974 report on its Watergate investigation dates Gray’s resignation as April 27, not April 29 (O.T. Jacobson 7/5/1974 ) , a date supported by reports from Time. (Time 8/20/1973)
Upon reentering the White House from his weekend trip to Camp David (see April 29, 1973), President Nixon sees an FBI agent guarding the door to resigning chief of staff H. R. Haldeman’s office. Nixon realizes the agent is there to ensure no records will be taken away or destroyed. Nixon turns on the agent and shoves him against the wall. “What the hell is this?” he demands. “These men are not criminals.” (Reeves 2001, pp. 602)
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. (Arnold 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.” (Arnold 5/11/1973)
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)
Washington Post reporter Bob Woodward writes a memo to his editor, Ben Bradlee, largely based on his meetings with his FBI background source, “Deep Throat” (FBI deputy director W. Mark Felt—see May 31, 2005). The memo is full of material that will soon come out in either Senate testimony or the media, but also contains some information that Woodward cannot sufficiently confirm to allow him to write a news report. One of the most explosive items Woodward writes is the line, “Dean talked with Senator Baker after Watergate committee formed and Baker is in the bag completely, reporting back directly to White House.” If this is true, then according to former White House counsel John Dean, now cooperating with the Senate investigation, then the ranking Republican senator on the committee, Howard Baker (R-TN), is a White House “mole,” providing information directly to the White House about the committee’s deliberations, discussions, and future plans. The memo also reports that President Nixon personally threatened Dean and that another White House aide, Jack Caulfield, threatened Watergate burglar James McCord by saying “your life is no good in this country if you don’t cooperate” with the White House efforts to keep the Watergate conspiracy secret. The list of “covert national and international things” done by the Nixon re-election campaign were begun by campaign chief John Mitchell: “The list is longer than anyone could imagine.” According to Felt, “[t]he covert activities involve the whole US intelligence community and are incredible.” Felt refuses to give Woodward “specifics because it is against the law. The cover-up had little to do with the Watergate, but was mainly to protect the covert operations.” Felt has also told Woodward that Nixon himself is being blackmailed by one of the Watergate burglars, E. Howard Hunt (see June 20-21, 1972), at a total cost of around $1 million; the blackmail scheme involves just about every Watergate-connected figure in the White House. One reason the White House “cut loose” Mitchell was because Mitchell could not raise his portion of the money. Felt also told Woodward that senior CIA officials, including CIA director Richard Helms and deputy director Vernon Walters, are involved to some extent. Dean has explosive information that he is ready to reveal, but “plumber” G. Gordon Liddy is willing to go to jail or even die before revealing anything. Finally, rumors are running through the White House and the law enforcement and intelligence communities that Nixon is having “fits of ‘dangerous’ depression.” Some of this information will later be confirmed and reported, some of it will remain unconfirmed. (Bernstein and Woodward 1974, pp. 317-321; Spartacus Schoolnet 8/2007) Felt also warns Woodward that he, fellow Post reporter Carl Bernstein, and others at the newspaper may be under CIA surveillance and may even be in personal danger. The reporters confirm much of what Felt provided in a discussion with a Dean associate the next day. But both reporters and the Post editors worry that the new information might be part of an elaborate White House scheme to set up the reporters with false, discreditable information. In the following months, information elicted in the Senate committee hearings verifies everything Felt told Woodward, except the warning about being possibly wiretapped by the CIA. That is never verified. (Bernstein and Woodward 1974, pp. 317-321)
Washington Post reporter Carl Bernstein learns of White House aide Charles Colson’s plan to burglarize the Brookings Institution (see June 30-July 1, 1971 and June 1974), and, alarmingly, of Colson’s plans to actually firebomb the building. An associate of former White House counsel John Dean tells Bernstein that Colson did not want to just burglarize the Institute: “Chuck Colson wanted to rub two sticks together.”
Urgent Trip to See Nixon - Colson could not have been serious, Bernstein says, but the associate replies: “Serious enough for [White House aide] John Caulfield to run out of Colson’s office in a panic. He came straight to John Dean, saying he didn’t ever want to talk to that man Colson again because he was crazy. And that John better do something before it was too late. John caught the first courier flight out to San Clemente [President Nixon’s home in California] to see [then-White House aide John] Ehrlichman. That’s how serious it was.” Ehrlichman indeed shut the operation down before it could start, but the associate implies Ehrlichman’s decision may have been based more on the fact that Dean knew about it than over any shock or outrage over the firebombing plan.
Reasoning behind Attack - Colson wanted to firebomb Brookings because former Kissinger aide Morton Halperin, a Brookings fellow, may have had classified State Department documents at the Institute that the White House wanted back. A fire at the Institute would cover up a burglary of Halperin’s office.
Confirmation from Associate - Bernstein confirms the story from an associate of Caulfield’s, who clarifies: “Not a fire, a firebombing. That was what Colson thought would do the trick. Caulfield said, ‘This has gone too far’ and [that] he didn’t ever want anything to do with Colson again in his life.” Both Dean and Caulfield told FBI investigators about the plan, Caulfield’s associate says.
Woodward Calls Colson - When Bernstein’s colleague Bob Woodward calls Colson for a comment on the story, Colson jokes: “There’s no question about that. There is one mistake. It was not the Brookings, but the Washington Post. I told them to hire a wrecking crane and go over and knock down the building and Newsweek also.… I wanted the Washington Post destroyed.” When Woodward tells him the newspaper is printing the story, Colson retorts: “Explicitly, it is bullsh_t. I absolutely made no such statement or suggestion. It is ludicrous.… [T]his one has gone too far.” Colson calls back and says he may have made such a suggestion, but he was not serious. The Post prints the story. (Bernstein and Woodward 1974, pp. 324-325)
Confirmation by Dean - In 2006, Dean will write that when he “learned of [Colson’s] insane plan, I flew to California… to plead my case to John Ehrlichman, a titular superior to both Colson and myself. By pointing out, with some outrage, that if anyone died it would involve a capital crime that might be traced back to the White House, I was able to shut down Colson’s scheme.” (Dean 2006, pp. xxiii)
In testimony before the Senate Watergate Committee, former Nixon campaign chairman John Mitchell explains why he was so systematically dishonest with FBI investigators in the early months of the Watergate probe: “I certainly was not about to do anything that would provide for the disclosure of the various aspects of the Watergate conspiracy and its links to the White House.” (O.T. Jacobson 7/5/1974 )
Former acting director of the FBI L. Patrick Gray testifies before the Senate Watergate Committee. He admits to destroying potentially incriminating evidence (see Late December 1972), and testifies that although he improperly cooperated with the White House in providing Nixon aides with FBI files on its Watergate investigation, he never considered himself part of the Watergate conspiracy: “At no time did I feel I was dealing with individuals who were trying to sweep me into the very conspiracy that I was charged with investigating. That’s a madman’s horror.” Gray, a Navy veteran, adds: “In the service of my country, I withstood hours and hours of depth charging, shelling, bombing, but I never expected to run into a Watergate in the service of a president of the United States. And I ran into a buzz saw, obviously.” (Purdom 7/7/2005)
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.” (Nixon 8/15/1973; Nixon 8/15/1973; Nixon 8/15/1973; AMDOCS Documents for the Study of American History 6/1993; Gerald R. Ford Library and Museum 7/3/2007)
Convicted Watergate burglar E. Howard Hunt testifies before the Senate Watergate Committee. He has been adamant about remaining silent before the investigators, both when he was interrogated by the FBI and the Watergate grand jury prosecutors, and had inspired the four so-called “Cubans” among the burglars—Bernard Barker, Virgilio Gonzales, Eugenio Martinez, and Frank Sturgis—to also remain silent. The “Cubans” are aghast at Hunt’s open testimony in the Senate; among other things, he confirms that former Nixon White House and campaign aides John Mitchell, John Dean, and Jeb Magruder were primarily responsible for the covert actions of the Nixon campaign, and says that the CIA is heavily involved in domestic activities. Hunt’s fellow White House aide, G. Gordon Liddy, who has also remained obstinately silent, is overtly disgusted at Hunt. When Hunt is returned to his jail cell, Liddy asks the guards to transfer him to another block, away from Hunt, and says, “From now on, it’s every man for himself.” (Vanderbilt University Television News Archive 9/25/1973; Martinez and Barker 10/1974)
Former White House counsel John Dean pleads guilty to one count of conspiracy to obstruct justice in regards to his role in the Watergate cover-up. In return for his continued cooperation with the FBI and the Senate Watergate Committee (see April 6-20, 1973), Special Prosecutor Archibald Cox grants Dean immunity from any further Watergate-related charges. (O.T. Jacobson 7/5/1974 )
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