9. NYT, August 13, September 2, 1974.
10. Treen to Jaworski, August 22, 1974, Edward Hutchinson MS, FL.
11. Garment to Buchen, August 28, 1974, Garment MS, LC.
12. PPPUS:GF, 1974, Press Conference, August 28, 1974, 57; Ford, A Time to Heal, 158–61; Hersh, “The Pardon,” 55–62; Reeves, A Ford, Not a Lincoln, 110; Buchen to William Greener, December 19, 1975, Buchen MS, Box 32, FL.
13. Lacovara to Jaworski, August 29, 1974, Nixon File #11, WGSPF Records, NA.
14. Ford, A Time to Heal, 167–68; Jaworski to Buchen, September 4, 1974 (with Ruth memorandum to Jaworski, September 3, 1974), Nixon File #11, WGSPF Records, NA; Herbert J. Miller, Jr., to Jaworski, September 4, 1974, ibid.; Peter Kreindler to Lacovara, and Lacovara to Jaworski, September 5, 1974, Legal Memos, ibid.; Jaworski Oral History Memoir, The Texas Collection, Baylor University, 2:663–64; Becker Interview, December 5, 1985.
15. Ford, A Time to Heal, 165–66; Becker Interview, December 5, 1985; Hersh, “The Pardon,” 55–62. See Chapter XV, supra.
16. Ford, A Time to Heal, 168–70; Becker Interviews, December 5, 7, 1985. Becker claimed that paper burning occurred regularly in the first days of the Ford Administration, but after complaints to the President, the number of burnings declined. Becker to Author, March 28, 1986.
17. Laird Interview, June 27, 1985; Becker Interview, December 5, 1985; NYT, September 9, 1974.
18. Becker Interview, December 5, 7, 1985; Buchen to James B. Rhoads (Archivist of the U.S.), September 20, 1974, WHCF, Box 16, FL; Presidential Recordings and Materials Preservation Act, Report, Committee on House Administration, 93 Cong., 2 Sess. (November 24, 1974).
19. TerHorst, Ford and the Future of the Presidency, 216–40; Reeves, A Ford, Not a Lincoln, 92, 110–11; Hartmann, Palace Politics, 257–62, indicates that some of the staff members knew, especially Buchen, of course; Ford acknowledged that Hartmann and Jack Marsh on his staff had reservations about the matter, indicating their knowledge: A Time to Heal, 161–62.
20. Vertical File, Richard Nixon: Pardon, FL; Earl D. Ward to Ford, September 11, 1974, J. Edgar Bowron to Ford, September 10, 1974, Leroy F. Green to Ford, September 10, 1974, Gayle Windsor, Jr., to Ford, September 11, 1974; Marie Lombardi to Ford, September 29, 1974; Paul Newman and Joanne Woodward to Ford, September 11, 1974; Judge Gerard D. Reilly to Ford, September 12, 1974; Rabbi Baruch Korff to Ford, September 9, 1974; Armand Hammer to Ford, September 10, 1974, WHCF, Amnesties/Pardons: Nixon, Boxes 4 and 5, FL.
21. NYT, September 9, 10, 1974; Quie to Ford, September 12, 1974; Dingell to Ford, September 11, 1974; McCloskey to Ford, September 11, 1974; William Timmons to Ford, September 10, 1974; Max Friedersdorf to Representative Pierre S. du Pont, September 17, 1974, WHCF, Amnesties/Pardons: Nixon, Box 4, FL; Boston Herald American, March 23, 1976.
22. Ford, A Time to Heal, 180–81; Box 16, Nessen MS, FL; Conservative Digest, May 1976 (Viguerie), June 1976 (Colson); National Review, September 27, 1974.
23. Ervin Statement, September 9, 1974, Box 384, Ervin Papers, Chapel Hill; Richardson to the WP, September 20, 1974, Richardson Papers, LC.
24. Conable Interview, May 28, 1985; Ford, A Time to Heal, 175; Laird Interview, June 27, 1985.
25. WP, September 25, 1974; WSJ, October 16, 1974; Dash Interview, February 5, 1986.
26. Lacovara to Jaworski, September 5, 1974, Jaworski to Lacovara, September 6, 1974, Lacovara to Jaworski, September 6, 1974, Lacovara Files, WGSPF Records, NA; Lacovara to Jaworski, September 9, 1974, Nixon File #6a, ibid.; Jaworski to Lacovara, September 14, 1974, Nixon File #11, ibid. Leon Jaworski, The Right and the Power (New York, 1976), 242–46; George Frampton and Richard Ben-Veniste, Stonewall: The Real Story of the Watergate Prosecution (New York, 1977), 300–11; Leon Jaworski Oral History Memoir, The Texas Collection, Baylor University, 1:219; 2:644–46.
27. Jaworski to Ruth, undated, Jaworski Subject File, WGSPF Records, NA; Lacovara to Jaworski (with Palmer to Lacovara, September 27, 1974), September 27, 1974, Nixon File #11, ibid.; Jaworski to Saxbe, October 12, 1974, Nixon File #6a, ibid.
28. Abzug to Jaworski, September 10, 1974, Jaworski Subject Files, WGSPF Records, NA; Lacovara to Jaworski, September 13, 1974, Nixon File #11, ibid.
29. “Record of the Subcommittee’s Action on H. Res. 1367 and 1370”; Hungate to Ford, September 17, 1974; Ford to Hungate, September 20, 1974; Buchen to Hungate, September 24, 1974; Hungate to Ford, September 25, 1974; Ford to Hungate, September 30, 1974, documents furnished by subcommittee aide Steven Lynch. Sandman to Ford, October 1, 1974; Ford to Sandman, October 4, 1974; Sandman to Ford, October 18, 1974, WHCF, Box 5, FL; Lynch Interview, October 10, 1985; Holtzman Interview, April 11, 1986; “Subcommittee Minutes,” November 22, 1974, courtesy of Steven Lynch; Pardon of Richard M. Nixon and Related Matters, Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, 93 Cong., 2 Sess. (October 17, 1974), 107–08.
30. WP, December 18, 1975. Compare a story in The Nation, November 9, 1974, for its similarities. Holtzman to Hungate, December 18, 1975; Lynch to Hungate, December 19, 1975; Staff to Hungate, February 17, 1976; “Subcommittee Minutes,” February 19, 1976, documents courtesy of Steven Lynch; Holtzman Interview, April 11, 1986.
31. Burdick v. U.S., 236 U.S. 83, 94 (1915); “Does a Pardon Blot Out Guilt?” Harvard Law Review, (May 1915) 28:647; Edward S. Corwin, The Constitution and What It Means Today (Princeton, NJ, 1978), 167–68.
32. White House Summary, October 6, 1974, Ron Nessen MS, Box 16, FL; Hersh, “The Pardon”; Robert McClory, “Was the Fix in Between Ford and Nixon?” National Review, October 14, 1983, 1264–72. Alexander Haig’s role, shadowy as always, is very much at the center of the conspiracy ideas. He publicly testified that he never told Ford that Nixon would resign if the Vice President promised a pardon. Senate Foreign Relations Committee, Nomination of Alexander M. Haig, Jr., to be Secretary of State, Hearings, Committee on Foreign Relations, U.S. Senate, 97 Cong., 1 Sess. (January 9, 1981), 27. See Frank Fox and Stephen Parker, “Is the Pardon Explained by the Ford-Nixon Tapes?” New York, October 14, 1974, 7:41–45, suggests that Nixon’s recordings of Ford’s loyal service during the Watergate affair gave Nixon leverage in gaining a pardon. John Ehrlichman, Witness to Power (New York, 1982), 410.
XXII: IN THE SHADOW OF WATERGATE
1. Frederick Jackson Turner, “The Significance of History,” Wisconsin Journal of Education (October 1891), 21:232; Nixon v. Fitzgerald, 457 U.S. 731, 754 (1982); NYT, February 22, 1980; Congressional Record (July 1, 1987), 133:9188–89; U.S. News & World Report, August 13, 1984, 59.
2. WGSPF, Final Report (Washington, 1977), 65–73, offered a status report of the various cases. Richard Harris, “Reflections: The Watergate Prosecutions,” The New Yorker, June 10, 1974, 46–63, discussed the plea bargains. For a typical discussion within the WGSPF, see Cox to James Sharp and James Bierbower, August 16, 1973, WGSPF Records, NA, on the Magruder plea.
3. William Buckley, National Review, September 12, 1975, 1008; Human Events, December 7, 1974, 14; Phillips Interview, August 23, 1985; Conable Interview, May 28, 1985; Conservative Digest, May 1975, 3, June 1975, 39.
4. Human Events, June 21, 1975, 4, July 19, 1975, 7, November 24, 1974, 3, March 1, 1975, 5; Keene Interview, August 14, 1985; Buchanan, “A Long March Unfulfilled,” Washington Times, April 4, 1988.
5. Richard Scammon and Benjamin J. Wattenberg, The Real Majority (New York, 1970), Kevin P. Phillips, Post-Conservative America (New York, 1982); James L. Sundquist, Dynamics of the Party System (Washington, D.C., 1983), and especially, Thomas Byrne Edsall, The New Politics of Equality (New York, 1984), offered useful insights into the dilemmas of the Democrats.
6. David Frost, “I Gave Them a Sword”: Behind the Scenes of the Nixon Interviews (New York, 1978), 62.
7. Ralph Winter, Jr. (ed.), Watergate and the Law: Political Campaigns and Presidential Power (Washington, 1974), 1–4, 83–85.
8. Public Financing of Federal Elections, Hearing
s, Subcommittee on Privileges and Elections of the Committee on Rules and Administration, U.S.S., 93 Cong., 1 Sess., 23, 33, 35; “Congress Clears Campaign Finance Reform,” Congressional Quarterly Almanac (1974), 30:611–33; Herbert E. Alexander, Financing the 1972 Election (Lexington, KY, 1976); Gillian Peele, Revival and Reaction: The Right in Contemporary America (New York, 1984), 60; Buckley v. Valeo, 424 U.S. 1 (1976); Federal Election Commission v. National Conservative Political Action Committee, 470 U.S. 480 (1985); Gregg Easterbrook, “What’s Wrong with Congress?” The Atlantic, December 1984, 254:70. See Paul Huston’s account of “fat cat” contributions in the 1988 campaign: Los Angeles Times, December 9, 1988. The disclosure requirements of the 1974 legislation have remained largely intact and have provided useful information as to the source of campaign funds.
9. Robert Nisbet, The Present Age: Progress and Anarchy in Modern America (New York, 1988), 105–06; Jaworski, Oral History Memoir, The Texas Collection, Baylor University, 5:764–65.
10. Watergate Reorganization and Reform Act of 1975, Hearings, Committee on Government Operations, U.S.S., 94 CONG., 1 Sess. (July 29–31, 1975); Public Officials Integrity Act of 1977, Hearings, Committee on Government Affairs, U.S.S., 95 Cong., 1 Sess. (May 3–5, July 7–9, 1977); “Carter Signs Government-Wide Ethics Bill,” Congressional Quarterly Almanac (1978), 34:833–43; Petersen Interview, August 23, 1975.
11. Special Prosecutor Provisions of Ethics in Government Act of 1978, Hearings, Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, U.S.S., 97 Cong., 1 Sess. (May 20, 22, 1981), 2–12, 93–97; Ethics in Government Act Amendments of 1982, Hearings, Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, U.S.S. (April 28, 1972), 97 Cong., 2 Sess., 2–8, 45–47; “Revision of Special Prosecutor Law Cleared,” Congressional Quarterly Almanac (1982), 38:386–89.
12. NYT, March 13, 1987; Oversight of the Independent Counsel Statute, Hearings, Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, U.S.S., 100 Cong., 1 Sess. (March 19–20, 1987), 3–5, 8–10; Independent Counsel Reauthorization Act of 1987, Report, Committee on Governmental Affairs, U.S.S., 100 Cong., 1 Sess. (July 24, 1987), 9–14; WP, June 17, 1987; Congressional Record, U.S.S. (October 16, 1987), 100 Cong., 1 Sess., 14439; “Balky Reagan Signs Extension of Independent-Counsel Law,” Congressional Quarterly Weekly Report (December 19, 1987), 45:3166; Los Angeles Times, December 18, 1987; WSJ, October 21, 1987. The most substantial criticism of the ethics legislation is in “Ethics-in-Government Laws: Are They Too ‘Ethical’?” (American Enterprise Institute, 1984). In November 1988, President Reagan pocket-vetoed a bill imposing tighter restrictions on lobbying efforts of former government employees.
13. Morrison, Independent Counsel v. Olson, et al. (U.S. Sup. Ct., slip opinion, No. 87–1279); In re Sealed Case, 838 F.2d 476 (D.C. Cir. 1988). Leonard Garment, “Does America Really Need This Orgy of Investigation?” WP, May 10, 1987; Leonard Garment, “The Guns of Watergate,” Commentary, April 1987, 20–23; L. Gordon Krovitz, “Independent Counsels: Quo Warranto?” WSJ (February 9, 1988) and Andrew L. Frey and Kenneth S. Geller, “Better Than Independent Counsels,” WP National Weekly Edition (February 22–28, 1988), criticized the lack of accountability and excesses of the Independent Counsel; Lovida H. Coleman, Jr., “The Case for the Independent Counsel,” WP National Weekly Edition (February 29–March 6, 1988), responded.
14. Athan Theoharis, Spying on Americans: Political Surveillance from Hoover to the Huston Plan (Philadelphia, 1978), is the best account of the FBI’s abuses of power; Clarence Kelley, Kelley: The Story of an FBI Director (Kansas City, 1987), 152–53; Mark Felt, one of the indicted agents, bitterly assailed Kelley and the reformist spirit, in The FBI Pyramid: From the Inside (New York, 1979), 345–51: “The FBI wouldn’t be in this predicament if Clarence Kelley were alive,” was, according to Felt, a favorite observation among FBI personnel; Reagan pardon, NYT, April 16, 1981; Richard Gid Power, Secrecy and Power: The Life of J. Edgar Hoover (New York, 1987), 487; “Watergate Revisited: A Legislative Legacy,” Congressional Quarterly Almanac (1982), 38:387.
15. Surveillance Technology, Staff Report, Committee on the Judiciary, U.S.S., 94 Cong., 2 Sess., 383–402, reprints the Levi Guidelines; Athan G. Theoharis and John Stuart Cox, The Boss: J. Edgar Hoover and the Great American Inquisition (Philadelphia, 1988), 431–35; AP Dispatch, in Wisconsin State Journal, October 14, 1984; NYT, January 14, 1985.
16. Hersh’s articles first appeared in the Times on December 22, 1974. The best account of the politics of the Senate hearings, and the Senate’s findings, is in Loch K. Johnson, A Season of Inquiry: The Senate Intelligence Investigation (Lexington, KY, 1985), 9–11, et passim; Colby Interview, October 9, 1987.
17. Nixon to Helms, October 24, 1983, courtesy of Ambassador Helms; Helms Interview, July 14, September 23, 1988.
18. Johnson, A Season of Inquiry, 195–96, 252–56, 263; Stansfield Turner, Secrecy and Democracy (Boston, 1985); Turner, Op-Ed, NYT, March 13, 1987; Los Angeles Times, March 4, 1987.
19. PPPUS:RN, 1974 (January 30, 1974), 78–79; Privacy Act of 1974, Report, Committee on Government Operations, H.R., 93 Cong., 2 Sess., 5–9; “Privacy Act,” Congressional Quarterly Almanac (1974); 30:292–293.
20. Tax Revision Issues 1976, Joint Committee on Internal Revenue Taxation, 94 Cong., 2 Sess. (April 14, 1976), 32–33, 46; Summary of the Conference Agreement on the Tax Reform Act of 1976, Report, Committee on Ways and Means, H.R. (September 29, 1976), 94 Cong., 2 Sess., 44.
21. Christopher Hitchens, “Minority Report,” The Nation, January 11, 1986, 6; Jack Anderson, WP, December 20, 1985; Benjamin R. Civiletti, “Post-Watergate Legislation in Retrospect,” Southwestern Law Journal, February 1981, 34:1049–51, 1056–59.
22. “Freedom of Information Veto Overridden,” Congressional Quarterly Almanac (1974), 30:648–54; Congressional Record (November 21, 1974), 93 Cong., 2 Sess., 120:36865; “One FOIA Bill Clears, But Overhaul Bill Stalls,” Congressional Quarterly Almanac (1984), 40:181–85.
23. Presidential Records Act of 1978, Hearings, Subcommittee of the Committee on Government Operations, H.R., 95 Cong., 2 Sess. (February 23, 28, March 2, 7, 1978); Nixon v. General Services Administration, 433 U.S. 425 (1976); Allen v. Carmen, 578 F. Supp. 951 (D.D.C. 1983).
24. Review of Nixon Presidential Materials: Access Regulations, Hearings, Subcommittee on Government Operations, H.R., 99 Cong., 2 Sess. (April 29, 1986); Public Citizen, et al. v. Richard M. Nixon, No. 87–5215 (D.C. Cir., 1988); also see Nixon v. Freeman, 670 F. 2d 346 (D.C. Cir.); ibid., certiorari denied, 459 U.S. 1035 (1982); Jack Anderson, WP, November 10, 1988; Executive Order 12667, “Presidential Records,” Federal Register, January 23, 1989.
25. Samuel P. Huntington, American Politics: The Promise of Disharmony (Cambridge, 1981), 203–09.
26. Louis Fisher, Constitutional Conflicts Between Congress and the President (Princeton, 1985), 237–39; Congressional Quarterly Almanac (1973), 29:252–59; ibid. (1974), 30:145–53; PPPUS:RN, 1974 (July 12, 1974), 588; Richard Nixon, RN: The Memoirs of Richard Nixon (paperback ed., New York, 1979), 2:628–29; Easterbrook, “What’s Wrong With Congress,” Atlantic, December 1984, 254:60–61; Robert Rothman, “Congress’s Long Conflict with President Led to 1974 Impoundment Control Act,” Congressional Quarterly Weekly Report (July 2, 1983), 41:1332–33.
27. Richard Nixon, No More Vietnams (New York, 1985), 165; Frost, “I Gave Them a Sword”, 139; Henry Kissinger, Years of Upheaval (Boston, 1982), 125–26, 414–16, 1122; Henry Kissinger, White House Years (Boston, 1979), 986n; Roger Morris, Uncertain Greatness: Henry Kissinger and American Foreign Policy (New York, 1977), 252; Milwaukee Journal, April 7, 1985; Kissinger remarks at Hofstra Conference on Nixon Presidency, November 19, 1987. Paul Johnson, Modern Times (New York, 1985), 654, 658, follows Nixon and Kissinger in blaming Watergate for the fall of Vietnam.
28. Frank Snepp, Decent Interval: An Insider’s Account of Saigon
’s Indecent End (New York, 1977); Lehmann to Secretary of State, August 13, 1975, Telegram, courtesy of Mr. Lehmann; Lehmann, Letter to Editor, NYT Book Review, February 22, 1987; Lehmann Interview, May 8, 1987; Nayan Chanda, Brother Enemy: The War After the War (New York, 1986), 153, 157, 273; George C. Herring, America’s Longest War: The United States and Vietnam, 1950–1975 (2nd ed., New York, 1986), 266. William Hammond, “The American Withdrawal from Vietnam: Some Military and Political Considerations,” Hofstra Conference on the Nixon Presidency, November 19, 1987.
29. Bruce Palmer, Jr., The Twenty-five-Year War: America’s Military Role in Vietnam (Lexington, KY, 1984), 186–87.
30. Herring, America’s Longest War, 259; Hung Nguyen Tien and Jerrold L. Schecter, The Palace File (New York, 1986), 307–308, 354, 163, 363.
31. Herring, America’s Longest War, 265–66.
32. Seymour M. Hersh, The Price of Power: Kissinger in the Nixon White House (New York, 1983), 561ff., tracks the Vietnam negotiations with Watergate events; Nixon, Memoirs, 2:306.
33. Nisbet, The Present Age, 82; Madison to Jefferson, May 13, 1798, in Saul K. Padover (ed.), The Complete Madison: His Basic Writings (New York, 1953), 257–58; Lincoln to Herndon, February 15, 1848, quoted in Arthur M. Schlesinger, Jr., The Imperial Presidency (Boston, 1973), 43. Leonard W. Levy, Original Intent and the Framers’ Constitution (New York, 1988), 30–53, offers a convincing argument for shared powers on foreign policy. Nixon’s behavior was not new, as a distinguished line of his predecessors did not approve of congressional intrusions, whatever the original intention of the Constitution’s framers: “The necessary secrecy of diplomacy gave to every President the power to involve the country without its knowledge in dangers which would not afterwards be escaped, and the [original] Republican party neither invented nor suggested means by which this old evil of irresponsible politics could be cured; but of all Presidents, none used these arbitrary powers with more freedom and secrecy than Jefferson. His ideas of Presidential authority in foreign affairs were little short of royal. He loved the sense of power and the freedom from oversight which diplomacy gave, and thought with reason that as his knowledge of Europe was greater than that of other Americans, so he should be left to carry out his policy undisturbed.” Henry Adams, History of the United States During the Administration of Thomas Jefferson (New York, 1889), 2:245.
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