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The Nixon Administration and Watergate

Watergate Special Prosecutor

Project: Nixon, Ford, and Watergate
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Archibald Cox.Archibald Cox. [Source: Bettmann / Corbis]Attorney General Elliot Richardson names former Solicitor General Archibald Cox as the Justice Department’s special prosecutor for Watergate. Cox is officially sworn in on May 25. [Washington Post, 2008] Cox, who served in the Kennedy administration, says: “This is a task of tremendous importance. Somehow, we must restore confidence, honor and integrity in government.” Richardson says Cox’s appointment should allay suspicions that the White House will try to influence the investigation, but, “There wasn’t going to be any influence from the White House anyway.” Cox is not Richardson’s first choice for the job. Judge Harold Tyler turned the job down, not wanting to leave the bench and unsure how much independence he would truly have in conducting the investigation. Former Deputy Attorney General Warren Christopher cited similar concerns over “the requisite independence” of the position in turning down the job. Another choice, retired judge and current Wall Street lawyer David Peck, cited “urgent commitments to clients of long standing” as his reason for not taking the post; Richardson’s fourth choice, Colorado Supreme Court Justice William Erickson, was apparently never asked to take the job. Cox is not considered the best choice by Richardson because he lacks extensive experience in criminal prosecutions; Richardson intends to name a deputy for Cox who has such experience in trial work. Cox is not related to Nixon’s son-in-law, Edward Finch Cox. [Washington Post, 5/19/1973]

Entity Tags: US Department of Justice, David Peck, Archibald Cox, Edward Finch Cox, Harold Tyler, William Erickson, Elliot Richardson, Warren Christopher

Category Tags: Watergate Special Prosecutor

Washington Post reporter Carl Bernstein learns that Justice Department lawyers are wrangling over how to deal with the allegations of President Nixon’s criminal involvement in the Watergate cover-up. Some of them believe that Nixon cannot be indicted for criminal actions unless he is first impeached and removed from office. One Justice Department attorney confirms that had Nixon not been the president, he already would have been indicted for obstruction of justice and other crimes. But the lawyers are not even sure that Nixon can legally be subpoenaed to testify before the Watergate grand jury. “Of course, the president can’t be called,” says one, “and of course it would be justified.” White House press secretary Ron Ziegler insists that it would be “constitutionally inappropriate” for Nixon to testify before the grand jury, and a subpoena “would do violence to the separation of powers.” [Bernstein and Woodward, 1974, pp. 323-324]

Entity Tags: US Department of Justice, Richard M. Nixon, Ron Ziegler, Carl Bernstein

Category Tags: Watergate Special Prosecutor

Watergate special prosecutor Archibald Cox and the Senate Watergate Committee demand that President Nixon hand over a selection of presidential documents and the secret White House tapes (see July 13-16, 1973). Nixon refuses to hand over any of the requested material. [Gerald R. Ford Library and Museum, 7/3/2007] He invokes “executive privilege,” which Nixon says is essential to maintaining the constitutional mandate of the separation of powers between the executive and legislative branches. Cox immediately subpoenas the documents and tapes, as does the Senate committee. Commitee chairman Sam Ervin (D-NC) says: “I deeply regret that this situation has arisen, because I think that the Watergate tragedy is the greatest tragedy this country has ever suffered. I used to think that the Civil War was our country’s greatest tragedy, but I do remember that there were some redeeming features in the Civil War in that there was some spirit of sacrifice and heroism displayed on both sides. I see no redeeming features in Watergate.” Vice chairman Howard Baker (R-TN) is a bit more equivocal, saying he is disappointed in being “on the brink of a constitutional confrontation between the Congress and the White House.” The documents, Baker says, are “essential, if not vital, to the full, thorough inquiry mandated and required of this committee.” In a letter to Ervin, Nixon says the tapes are not essential to the investigation; he has personally gone through them and they “are entirely consistent with what I know to be the truth and what I have stated to be the truth.” However, some of the comments on the tapes could be misconstrued, he says, and much of the conversations on the tapes are of a “frank and very private” nature. The tapes will remain “under my sole personal control,” Nixon writes. “None has been transcribed or made public and none will be.” Cox argues that, as a member of the executive branch himself, there is no issue over separation of powers; White House consultant Charles Alan Wright retorts in a letter to Cox that since he does not report either to the attorney general or the president, his role is hard to define. But if Cox is indeed a member of the executive branch, “you are subject to the instructions of your superiors, up to and including the president, and can have access to presidential papers only as and if the president sees fit to make them available to you.” Even more importantly, Wright notes, if the tapes become available to the judiciary, then the argument of separation of powers involving the executive and judicial branches is an issue. Cox rejects Wright’s argument. The ultimate arbiter of this dispute may not even be the Supreme Court, as it has no power to compel Nixon to turn over the tapes even if it rules against him. Impeachment and conviction seems the only legal method to ultimately force Nixon’s hand if he continues to be recalcitrant. [Washington Post, 7/24/1973]

Entity Tags: US Supreme Court, Archibald Cox, Charles Alan Wright, Sam Ervin, Richard M. Nixon, Senate Watergate Investigative Committee

Category Tags: 'Executive Privilege', Senate Watergate Investigation, Watergate Special Prosecutor, Allegations of White House Cover-up, Watergate Tapes and Documents

President Nixon, still attempting to circumvent the courts’ insistence that he hand over relevant tapes of his White House conversations (see July 13-16, 1973) to the Watergate investigation, offers a compromise: He will personally prepare “summaries” of the tapes for Special Prosecutor Archibald Cox, and allow Senator John Stennis (D-MS) to listen to the tapes and authenticate the summaries’ accuracy. In return, Cox must agree not to subpoena or otherwise seek further tapes or other records of Nixon’s conversations. Cox will refuse (see October 19-20, 1973). [Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Archibald Cox, Richard M. Nixon, John Stennis

Category Tags: Watergate Prosecutions, Watergate Special Prosecutor, Watergate Tapes and Documents

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 pdf file]

Entity Tags: Archibald Cox, John Dean, Senate Watergate Investigative Committee, Federal Bureau of Investigation

Category Tags: Senate Watergate Investigation, Watergate Prosecutions, Watergate Special Prosecutor, Allegations of White House Cover-up

Washington Post headline of firings.Washington Post headline of firings. [Source: Washington Post]After Watergate special prosecutor Archibald Cox refuses President Nixon’s offer of a “compromise” on the issue of the White House tapes (see October 19, 1973), Nixon orders (through his chief of staff Alexander Haig) Attorney General Elliot Richardson to fire Cox. Richardson refuses the presidential order, and resigns on the spot. Haig then orders Deputy Attorney General William Ruckelshaus to fire Cox. Ruckelshaus also refuses, and resigns also. Haig finally finds a willing Justice Department official in Solicitor General Robert Bork, who is named acting attorney general and fires Cox. (Of the firing, Bork tells reporters, “All I will say is that I carried out the president’s directive.”) White House press secretary Ronald Ziegler announces that the Office of the Special Prosecutor has been abolished. FBI agents are sent to prevent Cox’s staff from taking their files out of their offices. Ziegler justifies the firing by saying that Cox “defied” Nixon’s instructions “at a time of serious world crisis” and made it “necessary” for Nixon to discharge him. After his firing, Cox says, “Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people.” The press dubs Cox’s firings and the abolishment of the OSP the “Saturday Night Massacre,” and the public reacts with a fury unprecedented in modern American political history. In a period of ten days, Congress receives more than a million letters and telegrams (some sources say the number is closer to three million), almost all demanding Nixon’s impeachment. Congress will soon launch an impeachment inquiry. Former Washington Post editor Barry Sussman writes in 1974 that Cox’s firing was not a result of impetuous presidential anger. Nixon had been more than reluctant to accept a special prosecutor for Watergate. Cox, named special prosecutor in the spring of 1973, had quickly earned the ire of White House officials and of Nixon himself, and by October 7, Nixon had announced privately that Cox would be fired. [Washington Post, 10/21/1973; Sussman, 1974, pp. 251; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: John Sirica, Archibald Cox, Alexander M. Haig, Jr., Barry Sussman, Federal Bureau of Investigation, Richard M. Nixon, William Ruckelshaus, John Stennis, Elliot Richardson, Robert Bork, Ron Ziegler

Category Tags: Watergate Resignations and Firings, Watergate Special Prosecutor, Nixon Impeachment, Allegations of White House Cover-up

Time magazine cover featuring Leon Jaworski.Time magazine cover featuring Leon Jaworski. [Source: Time]Leon Jaworski is named the new special prosecutor for the Watergate investigation, replacing the fired Archibald Cox (see October 19-20, 1973). President Nixon also names William Saxbe as the new attorney general, replacing Elliot Richardson. [O.T. Jacobson, 7/5/1974 pdf file; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Elliot Richardson, Archibald Cox, Richard M. Nixon, William Saxbe, Leon Jaworski

Category Tags: Watergate Resignations and Firings, Watergate Special Prosecutor

Rose Mary Woods.Rose Mary Woods. [Source: Genevieve Naylor / Corbis]A gap of 18 and ½ minutes is found on the tape of a conversation between President Nixon and his aide, H. R. Haldeman, from June 20, 1972 (see July 13-16, 1973). Nixon lawyer Fred Buzhardt says he has no explanation for “the phenomenon.” Nixon’s secretary, Rose Mary Woods, denies any deliberate erasure. But electronics experts will eventually find that the tape has been deliberately erased at least five separate times. White House chief of staff Alexander Haig will blame “some sinister force” for the erasure.
Watergate Discussed - Former Watergate special prosecutor Archibald Cox’s subpoena of the tape (see July 23-26, 1973) says that “there is every reason to infer that the meeting included discussion of the Watergate incident.” That supposition is bolstered by previous testimony from former White House aide John Ehrlichman (see July 24, 1973). Watergate prosecutor Leon Jaworski says he is considering having all the remaining Watergate tapes placed under guard to prevent any further tampering. [Washington Post, 11/22/1973; Gerald R. Ford Library and Museum, 7/3/2007]
Three Suspects - Evidence later shows that only three people could have made the erasure: Woods; Stephen Bull, Nixon’s assistant; and Nixon himself. [Reston, 2007, pp. 33]
Washington Post Learns of Gap - Washington Post reporter Bob Woodward learned of “deliberate erasures” in the first week of November from his FBI source, W. Mark Felt (see May 31, 2005). White House sources confirmed that the tapes were often of poor quality, and that some inadvertent gaps existed, but, as press secretary Ron Ziegler tells Woodward’s colleague Carl Bernstein, to say that those gaps were deliberate would be “inaccurate.” When the deliberate gap is reported, Ziegler calls Bernstein to say that he did not know about the gap beforehand. Neither Bernstein nor Woodward doubt Ziegler—by this time, it is obvious that Nixon’s paranoia and penchant for secrecy extends even to the most trusted members of his staff. [Bernstein and Woodward, 1974, pp. 333-334]
Symbolic - In 2005, Woodward will write: “The missing 18 1/2-minute gap soon becomes a symbol for Nixon’s entire Watergate problem. The truth had been deleted. The truth was missing.” [Woodward, 2005, pp. 103]

Entity Tags: Rose Mary Woods, Stephen Bull, Richard M. Nixon, W. Mark Felt, Leon Jaworski, Ron Ziegler, H.R. Haldeman, Archibald Cox, Alexander M. Haig, Jr., John Ehrlichman, Carl Bernstein, Fred Buzhardt, Bob Woodward

Category Tags: Watergate Special Prosecutor, Watergate Tapes and Documents

The Washington Post reports that “Operation Candor,” the White House’s public relations campaign to clear President Nixon’s name regarding Watergate, has been shut down. It also reports that several of Nixon’s most senior advisers no longer believe his protestations of innocence and ignorance. White House chief of staff Alexander Haig calls the story “scurrilous.” Post reporters Carl Bernstein and Bob Woodward soon learn that Haig himself is dubious of Nixon’s course, and has urged Nixon to cut ties with three of his former aides, H. R. Haldeman, John Ehrlichman, and Charles Colson—to let them go down and ensure he doesn’t go with them. Nixon’s legal defense is constructed in concert with theirs, and the White House has been supplying their lawyers with the same documents it has been releasing to the special prosecutor’s office. Nixon himself has no intention of either accepting responsibility for his role in the Watergate conspiracy or making any public apology. “Contrition is bullsh_t,” press secretary Ron Ziegler has said, and that is an apparent reflection of Nixon’s own views. [Bernstein and Woodward, 1974, pp. 334-335]

Entity Tags: John Ehrlichman, Alexander M. Haig, Jr., Bob Woodward, Carl Bernstein, H.R. Haldeman, Ron Ziegler, Washington Post, Charles Colson, Richard M. Nixon

Category Tags: Watergate Resignations and Firings, Watergate Special Prosecutor, Nixon, Ford Relations with Media, Woodward, Bernstein & Post, Allegations of White House Cover-up

Editorial cartoon from the Washington Post by ‘Herblock,’ July 14, 1974.Editorial cartoon from the Washington Post by ‘Herblock,’ July 14, 1974. [Source: Washington Post / Library of Congress]The Watergate grand jury indicts seven Nixon officials and aides for a variety of crimes committed as a part of the Watergate conspiracy, including perjury and conspiring to pay “hush money” to the convicted Watergate burglars. The indicted White House officials are former top Nixon aides John Ehrlichman, H. R. Haldeman, and Charles Colson; former assistant attorney general Robert Mardian; and Haldeman’s former assistant Gordon Strachan. The former Nixon campaign officials are former campaign chairman John Mitchell and former campaign lawyer Kenneth Parkinson. The charges against Colson will be dropped after he pleads guilty to obstruction of justice in the Ellsberg case (see March 7, 1974). [Bernstein and Woodward, 1974, pp. 335; O.T. Jacobson, 7/5/1974 pdf file; Reeves, 2001, pp. 607; Gerald R. Ford Library and Museum, 7/3/2007] President Nixon is labeled an “unindicted co-conspirator” by the grand jury, on a 19-0 vote. [Time, 6/17/1974]

Entity Tags: Nixon administration, H.R. Haldeman, Gordon Strachan, Charles Colson, John Ehrlichman, Kenneth Parkinson, Robert Mardian, Richard M. Nixon, John Mitchell

Category Tags: Watergate Prosecutions, Watergate Special Prosecutor, Allegations of White House Cover-up, Slush Funds & Illegal Contributions

Special prosecutor Leon Jaworski issues a subpoena for 64 formerly secret Watergate tapes (see July 13-16, 1973). The case will be decided in the Supreme Court (see July 24, 1974). [Gerald R. Ford Library and Museum, 7/3/2007] Jaworski also demands information concerning:
bullet The possible “sale” of ambassadorships to large campaign contributors (see March-April 1972);
bullet The Nixon administration’s settlement of the ITT antitrust lawsuit (see 1969);
bullet The White House’s negotiation with milk producers to artificially inflate prices in return for campaign contributions (see March 23, 1971);
bullet President Nixon’s notes on his daily news summaries;
bullet Former Nixon aide John Ehrlichman’s records on his dealings with the “Plumbers” (see July 20, 1971);
bullet Other Nixon conversations concerning the Watergate cover-up; and
bullet The location of the tape containing the 18 1/2 minute gap (see November 21, 1973) during the time when Nixon claimed the tapes were in his custody. [Reeves, 2001, pp. 607]

Entity Tags: US Supreme Court, Leon Jaworski, John Ehrlichman, International Telephone and Telegraph, Nixon administration, ’Plumbers’, Richard M. Nixon

Category Tags: Watergate Special Prosecutor, ITT and Dita Beard, 'Plumbers', Watergate Tapes and Documents

President Nixon still refuses to hand over the tapes subpoenaed by the Watergate special prosecutor, Leon Jaworski (see April 16, 1974). Instead, Nixon provides more edited transcripts of the tapes to the House Judiciary Committee. [Gerald R. Ford Library and Museum, 7/3/2007]
Transcripts Prove His Innocence, Nixon Claims - A summary of the tapes, written by White House officials, says that the transcripts prove Nixon’s innocence. “In all of the thousands of words spoken,” the summary says, “even though they often are unclear and ambiguous, not once does it appear that the president of the United States was engaged in a criminal plot to obstruct justice.” [Washington Post, 5/1/1974] Shortly after the release of the transcripts, Nixon appears on television with a pile of looseleaf notebooks—the transcripts, which he says he has personally compiled—and says: “In these transcripts, portions not relevant to my knowledge or actions with regard to Watergate are not included, but everything that is relevant is included—the rough as well as the smooth—the strategy sessions, the exploration of alternatives, the weighing of human and political costs. As far as what the president personally knew and did with regard to Watergate and the cover-up is concerned, these materials—together with those already made available—will tell it all.… I want there to be no question remaining about the fact that the president has nothing to hide in this matter.” [White House, 4/29/1974; White House, 4/29/1974; White House, 4/29/1974; White House, 4/29/1974; Washington Post, 2007] “As far as the president’s role with regard to Watergate is concerned,” Nixon claims, “the entire story is there.” [Reeves, 2001, pp. 608] He rails against the idea of impeaching him (see February 6, 1974), saying that the charges are based on “[r]umor, gossip, innuendo, [and] accounts from unnamed sources,” and implicitly accuses former White House counsel John Dean of lying about his involvement in the Watergate cover-up (see April 6-20, 1973). The 18 ½ minute erasure on one of the key tape recordings (see November 21, 1973) is “a mystery” to him, Nixon asserts. The nation must move past Watergate to deal with more serious matters, he says. [Washington Post, 2007]
Reaction Divided - Reaction on Congress is divided largely along party lines. House Minority Leader John Rhodes (R-AZ) says the transcripts show Nixon is “in substantial compliance” with a Judiciary Committee subpoena. Speaker of the House Carl Albert (D-FL) has a different view: “Why substitute other evidence when the direct evidence [the actual tapes] is available?” [Washington Post, 5/1/1974]
Transcripts Heavily Edited, Doctored - It quickly becomes evident that the transcripts have been heavily edited and altered, both to clean up Nixon’s language and to cloak the details of the events documented in the tapes. Only 11 of the 64 conversations cited in the subpoenas are present, and those have been doctored. The term “expletive deleted” quickly enters the political and popular lexicon, and even with much of the profanity and ethnic slurs deleted, the impression given by the transcripts is not popular with the American people; in the words of reporter Mike Feinsilber, the transcripts show Nixon “as a vengeful schemer—rambling, undisciplined, mean-spirited and bigoted.” Even the edited transcripts document Nixon participating in discussions about raising blackmail money and “laundering” payments, offering clemency or parole to convicted Watergate figures, discussing how to handle perjury or obstruction of justice charges, and debating how best to use the term “national security” to advance his own personal and political agendas. In one conversation, Dean says that one of their biggest problems is that they are not “pros” at the kinds of activities they are engaging in: “This is the sort of thing Mafia people can do.” Nixon replies: “That’s right.… Maybe it takes a gang to do that.” The Judiciary Committee immediately joins the special prosecutor in demanding the actual tapes. [Washington Post, 5/1/1974; Houston Chronicle, 6/7/1999; Reeves, 2001, pp. 608]

Entity Tags: House Judiciary Committee, John Dean, Carl Albert, John Rhodes, Mike Feinsilber, Leon Jaworski, Richard M. Nixon

Category Tags: Watergate Special Prosecutor, Nixon's Racial and Ethnic Slurs, Watergate Tapes and Documents

The Supreme Court, in the case of United States v. Nixon, votes 8-0 to uphold the subpoena of special prosecutor Leon Jaworski demanding the Watergate tapes for use in the trial of Nixon’s former aides (see March 1, 1974). (William Rehnquist, a Nixon appointee, recused himself from deliberations.) The Court rules, in an opinion written by Chief Justice Warren Burger, that Nixon’s claim of “executive privilege” authorizing him to keep the tapes to himself does not apply, and that his lawyers’ claim that neither the courts nor the special prosecutor have the authority to review the claim also has no weight. Jaworski and one of his senior staffers, Philip Lacovara, argued the case against an array of lawyers for Nixon headed by James St. Clair. The American Civil Liberties Union filed a “friend of the court” brief on behalf of Jaworski. [UNITED STATES v. NIXON, 7/24/1974; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: William Rehnquist, Warren Burger, Richard M. Nixon, Philip Lacovara, American Civil Liberties Union, James St. Clair, US Supreme Court, Leon Jaworski

Category Tags: Watergate Special Prosecutor, Watergate Tapes and Documents

Time cover of Leon Jaworski.Time cover of Leon Jaworski. [Source: Time]Watergate special prosecutor Leon Jaworski and his staff discuss how to proceed with the Watergate prosecutions. The combined trial of Nixon aide H. R. Haldeman and John Ehrlichman, former Attorney General John Mitchell, and three other Nixon aides, is scheduled for September 9, though that date seems unlikely. Most of the prosecution lawyers assume Jaworski will put Nixon on trial along with his aides. Nixon chief of staff Alexander Haig has already told Jaworski that Nixon will refuse to testify or be involved in any legal proceedings, and implied that Nixon’s mental and physical conditions are rapidly deteriorating. Jaworski is not sure what to do. His staff calls the entire issue of who should take what responsibility for handling Nixon the “monkey problem.” Prosecutors Richard Ben-Veniste and George Frampton later write, “On whose back was the monkey going to end up: the prosecutors, Congress, the White House, the grand jury, the court?” [Werth, 2006, pp. 31-33]

Entity Tags: John Ehrlichman, Alexander M. Haig, Jr., George Frampton, H.R. Haldeman, Richard M. Nixon, Leon Jaworski, Richard Ben-Veniste

Category Tags: Watergate Special Prosecutor

Watergate special prosecutor Leon Jaworski receives a phone call from Senator James Eastland (D-MS), the chairman of the Judiciary Committee and a longtime friend of Richard Nixon. Eastland tells Jaworski that Nixon had called him from the Nixon compound in San Clemente, California. Nixon had cried during the conversation, says Eastland: “He said, ‘Jim, don’t let Jaworski put me in that trial with [former aides H. R.] Haldeman and [John] Ehrlichman. I can’t take any more.…’ He’s in bad shape, Leon.” Jaworski asks if Eastland has any plans for a Senate resolution opposing prosecution for Nixon; such a resolution would not be legally binding, but would provide cover for both Jaworski and President Ford if either decided to do something to keep Nixon out of court. “We’ll think on it,” Eastland says. Despite his mandate to pursue Nixon and bring him before a jury, Jaworski does not want Nixon in court. But he cannot find a legal justification for such an action. Prosecution counsel Philip Lacovara will recall: “The whole premise of this exercise called Watergate was to follow the facts wherever they lead, and if they led into the Oval Office, to apply the law to those facts in the same way that the law would apply to any other person. It would be fundamentally inconsistent with the idea of equal application of the law to prosecute people who had acted on President Nixon’s behalf, and indeed under President Nixon’s direction, and to give him a pass.” [Werth, 2006, pp. 74-75]

Entity Tags: Senate Judiciary Committee, John Ehrlichman, Gerald Rudolph Ford, Jr, H.R. Haldeman, James O. Eastland, Philip Lacovara, Leon Jaworski, Richard M. Nixon

Category Tags: Watergate Prosecutions, Watergate Special Prosecutor

Judge John Sirica, presiding over the Watergate trial of H. R. Haldeman, John Ehrlichman, and John Mitchell, postpones their trial until September 30. This gives Watergate special prosecutor Leon Jaworski some much-desired breathing room. Jaworski must decide whether to indict Richard Nixon. Jaworski’s staff unanimously believes Nixon must at least be indicted, if not actively prosecuted, or history will condemn the entire work of the special prosecution. George Frampton, one of Jaworski’s staff, notes that the politicians who could have made a decision on the issue have not done so. In a memo to Jaworski, Frampton writes that no one “can expect you now to abandon your mandate and responsibilities to the administration of justice in order to assume their burden.… I wonder if ten years from now history will endorse the notion that Mr. Nixon has ‘suffered enough.’ The powerful men around him have lost their liberty and their livelihoods. Mr. Nixon, on the other hand, will be supported in lavish style with a pension and subsidies at taxpayer expense until his death. He may reenter public life, no matter how morally crippled.” The breadth and depth of crimes allegedly committed by Nixon are such that Jaworski is not sure where to even start with an indictment. [Werth, 2006, pp. 162-163]

Entity Tags: John Mitchell, George Frampton, H.R. Haldeman, John Ehrlichman, Richard M. Nixon, John Sirica, Leon Jaworski

Category Tags: Watergate Prosecutions, Watergate Special Prosecutor

Philip Lacovara, a lawyer on Leon Jaworski’s Watergate prosecution staff, is adamant in pushing for an indictment against Richard Nixon (see August 22, 1974). Lacovara is a Goldwater conservative among a coterie of liberals and moderates; it is his role to interpret the team’s duties and responsibilities in light of the Constitution. As such, his recommendations carry weight. Jaworski is also discussing legal strategies with Herbert “Jack” Miller, Nixon’s lawyer, who intends to argue that Nixon cannot be given a fair trial by an impartial jury due to the incredible media coverage of the Watergate conspiracy (see Late August 1974). Jaworski’s prosecutors are solidly behind Lacovara in demanding that Nixon be indicted. “To do otherwise,” prosecutors Richard Ben-Veniste and George Frampton will later write, “was to admit that the enormity of Nixon’s crimes and the importance of his office automatically guaranteed him immunity from prosecution.” [Werth, 2006, pp. 207-208]

Entity Tags: Herbert (“Jack”) Miller, George Frampton, Richard Ben-Veniste, Richard M. Nixon, Philip Lacovara, Leon Jaworski

Category Tags: Watergate Prosecutions, Watergate Special Prosecutor

Philip Lacovara.Philip Lacovara. [Source: Oyez.org]One of Leon Jaworski’s senior Watergate prosecutors, Philip Lacovara, is incensed at what he and many others perceive as waffling by President Ford on the decision to pardon Richard Nixon. Ford has repeatedly acknowledged that he has the right to pardon Nixon if he so chooses, but he has also said that he is leaving the decision to indict to Jaworski. In Lacovara’s opinion, Ford is shifting the burden of responsibility and the possibility of any future blame directly onto Jaworski. Lacovara says that Jaworski should confront Ford, and “put [the matter] squarely to [Ford] over whether he wishes to have a criminal prosecution of the former president or not.… I believe he should be asked to face this issue now and make the operative judgment concerning the former president, rather than leaving this matter in the limbo of uncertainty that has been created.” Lacovara also knows that the question of a pardon hangs over the trial of the Watergate “Big Three”—H. R. Haldeman, John Ehrlichman, and John Mitchell. If Nixon is to be indicted along with these three, and then pardoned during the trial, it would wreak havoc on any chance of winning a guilty verdict for any of the three. If Ford is going to pardon Nixon, Lacovara says, he should do it now, before the Watergate trials can commence. Jaworski has an additional worry, fueled by Nixon’s lawyers: that Nixon might die during the proceedings, and Jaworski will be held to blame. Nixon’s lawyers are calling their client “mortally ill with phlebitis,” Lacovara will recall, and are arguing: “Why should the special prosecutor put this man into his grave? He’d suffered horribly enough and been forced to resign in disgrace. Just as a matter of human decency, this fatally ill man should not be called before the bar.” According to Lacovara, Jaworski does not want to make the decision to indict Nixon. Later, Jaworski tells former Nixon chief of staff Alexander Haig, with whom Jaworski stays in close contact, that his staff is pressuring hm to push Ford to either “fish or cut bait… and not dangle the possibility of a pardon out there. The president needs to know that this is a call that he’s ultimately going to have to make.” [Werth, 2006, pp. 229-232]

Entity Tags: Richard M. Nixon, Leon Jaworski, Alexander M. Haig, Jr., Gerald Rudolph Ford, Jr, H.R. Haldeman, John Ehrlichman, John Mitchell, Philip Lacovara

Category Tags: Watergate Prosecutions, Watergate Special Prosecutor, Nixon Pardon

Nathan Lewin publishes an angry op-ed column in the New Republic calling for a full investigation and prosecution of Richard Nixon. Lewin is the law partner of Herbert “Jack” Miller, who now represents Nixon. It will be Miller’s job to argue that Nixon should not be indicted by the Watergate special prosecutor, Leon Jaworski. Lewin writes that Nixon “robbed the Senate” of the opportunity to render a strong judgment about his presidency when he resigned, and notes “the probability that Richard Nixon knows of or participated actively in crimes related to Watergate that have not yet been made the subject of a formal charge.” In light of these not-yet-uncovered crimes, Lewin asks, “What possible explanation will there ever be if history records that those who acted on Nixon’s instructions, express or implied, were charged and convicted of crimes and sent to jail while their chief spent his retirement years strolling the Pacific beaches, writing about his accomplishments in foreign policy and lecturing to college students?” Nixon is unworried about Miller’s partnership with Lewin. Miller will decide that the best way to keep Nixon out of the courts is to claim that, because of the massive negative publicity generated by Watergate, there is nowhere in the country Nixon can go to receive a fair trial from an impartial jury. [Werth, 2006, pp. 187-189]

Entity Tags: Richard M. Nixon, Herbert (“Jack”) Miller, Leon Jaworski, Nathan Lewin

Category Tags: Watergate Prosecutions, Watergate Special Prosecutor

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