The Nixon Defense: What He Knew and When He Knew It

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The Nixon Defense: What He Knew and When He Knew It Page 104

by John W. Dean

Kastigar vs. United States, 706n160

  U.S. v. Ehrlichman et al., 546n

  U.S. v. Mitchell et al., xx, 705n152

  U.S. v. Solow, 631

  Sussman, Barry, 46

  Symington, Stuart, 557n

  Szulc, Tad, 17, 32

  Talmadge, Herman, 602, 622

  Tanaka, Kakuei, 138

  Tasca, Henry, 255, 261, 262

  Taubman, Philip, 687n41

  Thieu, Nguyen Van, 252

  Thomas, Helen, 64, 66–67

  Thomas, Jane, 240

  Thomas, Jo, 687n41

  Thompson, Fred, 228, 230, 231, 241, 597–99, 608, 611, 617, 626, 629, 690n8, 715n56

  Thompson, Jim, 447

  Thompson, J. Marsh, 522

  Thurmond, Strom, 551

  Time, 52, 143–44, 147, 164, 166, 169, 173, 226, 242, 243, 580, 587, 682n18

  Timmons, Bill, 108, 150, 214n, 228, 230, 495, 612, 627

  Titus, Harold, 54, 407, 410, 448, 449, 472, 519, 520

  Tkach, Walter, 625, 628

  Today, 235

  Tower, John, 683n7

  Truman, Harry, 101, 106n, 129, 204n, 219, 248, 252, 257, 274, 298

  Truman, Margaret, 204n

  Tunney, John, 221, 253, 258

  Twenty-sixth Amendment, 94

  Tyler, Harold R., Jr., 565

  Ulasewicz, Tony, 271, 295, 687n41

  Dean’s testimony and, 399

  United Flight Number 553, 185

  United States (U. S.) Attorney’s Office, 5–6, 41, 80, 97, 100, 107, 109, 140, 212, 242, 343, 393, 397, 402, 405, 410, 412, 413, 418, 429, 431, 432, 434, 448, 469, 475, 478, 509, 519, 522n, 544, 595n, 633n15, 668n11, 693n30, 697n19, 702n102, 703nn114, 117, 704n128

  U.S.S.R., 112, 452, 461

  U.S. v. Ehrlichman et al., 546n

  U.S. v. Mitchell et al., xx, 705n152

  U.S. v. Solow, 631

  Vaughan, Harry H., 106n

  Vesco, Robert, 302, 324, 385, 489, 500, 517, 554, 556, 621, 703n114

  Vietnam Veterans Against the War, 106, 107, 124

  Vietnam War, 1, 28, 73, 130, 157n, 230n, 357, 452, 569, 681n17

  bombing strategy in, 193, 194, 195, 358

  Chicago Seven and, 695n3

  Kissinger and, 195, 196n

  peace settlement efforts, 175–77, 185, 193, 196, 276, 681n17

  Pentagon Papers and, see Pentagon Papers

  Vinson, Fred, 456

  Wallace, George, 8, 97, 323

  Wall Street Journal, 251

  Walters, Johnnie, 156, 677n32

  Walters, Vernon “Dick,” 54, 56, 57, 60–62, 65, 68, 79, 99–101, 250, 557–62m, 565, 569, 570, 572, 574, 575, 577, 670–71n15, 672nn1, 2, 715n56

  Warren, Earl, 152

  Warren, Gerald, 151, 175, 495, 718n2

  Washington Daily News, 80

  Washington Evening-Star, 465

  Washington Post, 5–6, 8, 17, 22, 25, 26, 32, 46–50, 53, 54, 64–66, 94, 97, 106, 120n, 128, 131–32, 143, 144, 147–50, 153, 159–71, 174, 177, 189, 191–92, 195–97, 203–5, 209–10, 212n, 219, 224, 246, 249, 254, 257–59, 262, 264, 271–72, 288, 341, 354, 410, 413, 422–23, 447, 458, 465, 489, 506, 519, 522, 523, 544, 566, 569–70, 576, 595n, 610, 612–14, 625, 668–69n3, 678n19, 679n29, 686n26, 697n19, 705n157

  Dean stories in, 475, 476, 479, 515, 705n141

  Haldeman and, 175–76, 475, 476

  headlines covering trial in, 682n19

  leaks to, 160

  Washington Star, 195

  Watergate break-in, 649–51

  arrests following, xvii, xviii, 2–11, 148–49, 151, 153, 155, 160, 164, 240, 269, 574, 601

  Bledsoe and, 662–64n15

  collapse of cover-up of, 388

  conspiracy case in, see conspiracy

  cover-up scenarios for, 32–45, 85–86, 88–93, 95

  Dean as scapegoat for, 435, 465, 466, 469, 701n84

  and Dean’s “cancer on the presidency” warning, 309, 333–34, 336, 484, 497

  Dean’s March 21 conversation with Nixon on facts of, 308–27, 393, 395–97, 416, 419–21, 435–36, 442–43, 456, 497–502, 504–6, 508, 510–12, 518, 520, 538, 540–43, 550, 555–56, 582, 584, 698n34, 703–4n120, 709–10n54

  Dean’s report on, 146, 151, 183–85, 188, 189, 240, 277–81, 285–91, 293, 296, 297, 299–301, 307, 333, 339, 342, 351–52, 355, 378, 414, 418, 421–23, 431–32, 434–35, 446, 452, 455, 468, 518, 567, 675nn11, 12, 680n10

  Dean’s statement on, 465, 466, 484, 701n84

  Democrats’ civil suit and, 36, 48, 65, 119, 121, 124, 142, 144, 147, 152, 160, 369–70, 676n25

  Ehrlichman’s investigation of, 362, 409, 418, 453, 457

  Ehrlichman’s theory of, 282–84

  first entry into offices, 676n27

  first press conference related to, 46–52, 53

  news leaks about investigation of, 120

  Nixon’s “can’t cover this thing up” phrase and, 93

  Nixon’s defense and, see Nixon defense

  Nixon’s idea of cover-up as vs. someone at lower level being held accountable for, 109–10

  Nixon’s possible taking of initiative in dealing with, 347–48

  Nixon’s request for report on, 183–85, 277–81, 285–91, 293, 295, 297–301, 333

  number of Nixon-Dean conversations on, 457n

  obstruction of justice in, see obstruction of justice

  payoff money and, 185–86, 189, 391, 392, 395, 553

  Republican Convention’s overshadowing of stories on, 143–44

  Senate Committee investigation of, see Senate Watergate committee

  “smoking gun” conversation and, xxi, 43, 55–60

  Watergate break-in, grand jury and, 115–18, 120–22, 125, 135, 139–42, 145, 149, 150, 164, 167, 213, 253, 315, 329n, 332, 343, 352, 524

  and concern over Magruder’s testimony, 104, 105–41

  indictments, 33n, 69, 115–22, 125, 126, 132, 135, 138–40, 144, 149, 151, 153, 154, 159

  Watergate Hotel, search of, 5

  Watergate Special Prosecution Force (WSPF), xx, xxii

  Watergate trial, 171, 191, 201, 202–7, 209–10, 211, 253, 335

  appeals in, 229, 246, 253

  bail hearings in, 211

  clemency for defendants in, 102, 202–3, 207, 245, 297, 320, 324–26, 332, 345, 353, 354, 390–91, 396, 403, 409, 416, 493–94, 523, 549, 577, 481, 584, 616, 713n78

  Fifth Amendment and, 101, 106, 113, 134, 204, 208, 213, 236, 341, 346, 349n, 358–59, 381, 384, 440, 484, 517, 530, 602

  Hunt and, 196, 204–6, 208, 211, 265

  imprisonment of defendants in, 244, 245

  Liddy and, 204, 206, 210, 213, 228, 245–46, 265

  McCord and, 205, 210, 213, 228, 245–46, 265, 304, 305

  sentencing in, 213, 286, 326, 327, 334–35, 341, 342, 371, 392

  Watergate trial, immunity for defendants in, 113–14, 122, 134, 223, 347, 351, 383, 400, 431, 434, 436, 440, 441, 443, 444, 446, 499, 508, 599

  Dean, 412, 424, 431, 433–34, 438, 440, 444, 456–58, 461, 463, 471, 484, 487, 492, 507–8, 510, 522, 529, 530, 546, 550, 567, 598, 600, 622, 702n97, 703n111, 704nn120, 134, 706n160, 711n30

  Watergate trial, money for defendants in, 321–23, 329, 337, 353, 368–69, 373, 377, 402, 416, 427, 436, 449, 453, 463, 470–74, 477, 482, 489, 494, 496, 506, 511–12, 591, 506–7, 511–12, 542n, 552, 566, 581, 584, 585, 593, 595, 611, 690n8, 692n4, 697n27, 701n89, 704n138, 731n79, 715n56

  Dean and, 466, 482–83

  Dorothy Hunt and, 192, 317, 385, 463, 477, 523, 713n79

  Ehrlichman and, 216, 398, 402, 463, 466, 467, 470–72, 474, 482–83, 697n27

  Haldeman and, 317, 329, 336, 337, 353, 369, 398, 402, 412, 453, 455, 463, 467, 470, 473, 476, 697n27, 709n54

  Hunt and, 296–97, 300 308, 318–19, 320, 322–25, 332, 338, 396, 398, 419, 436, 453–55, 467, 468, 470–71, 476–77, 479, 482, 484, 542, 601–2, 704n138, 705n152, 709n54

  Kalmbach and, 323, 369, 373, 398, 416, 474, 477, 482, 508–9

  Mitchell and, 125, 216,
262, 329, 369, 373, 453, 454, 470, 482, 506, 508–9, 511, 595, 601–2, 683–84n10, 688n27, 697n27

  Watson, Marvin, 112

  Weather Underground, 225n

  Webster, George, 196

  Weicker, Lowell, 360, 362, 576, 619

  Weiner, Lee, 695n3

  White, Byron “Whizzer,” 245, 711n30

  White, Harry Dexter, 273

  White House Communications Agency, 2

  White House Correspondents’ Association, 406–8, 422

  White House counsel, 448

  question of who is client of, 700n66

  White House plumbers, see Special Investigations Unit

  Will (Liddy), 689n6

  Williams, Edward Bennett, 33, 41, 81, 147, 148, 679n29

  Wills, Frank, 6

  Wilson, Jerry, 182

  Wilson, John J., 446–49, 461, 463, 467, 468, 471–72, 472–75, 486–91, 495, 503, 510, 532, 533

  Wilson, Will, 66

  wiretaps, 3, 80, 129n, 216, 224–25, 242, 284, 350, 377, 457, 557, 559, 562–64, 575, 580, 693n41, 700n75

  Witcover, Jules, 354, 410, 413

  Wong, Al, 5

  Woodward, Bob, 17, 32, 46, 53, 120n, 121, 128n, 148, 149, 162–64, 168, 175, 191–92, 208–9, 224, 422–23, 519, 521, 529, 569–70, 610–11, 629, 669n3, 674n20, 678n19, 686n26, 702n102, 705n141, 718n5

  Woods, Joe, 348, 401

  Woods, Rose Mary, 8, 71, 94, 137, 159, 192, 328, 348, 365, 516, 521, 548, 554, 564, 585, 592, 598, 601, 623, 627, 708n28, 713n79, 716–17n101

  Wright, Charles Alan, 588, 593, 634

  Young, David, 48n, 91, 215, 224, 319, 329n, 338, 350, 350n, 531, 545–46, 607, 662n11, 691n18, 706n165

  Ellsberg break-in and, 546

  Young, Lawrence, 169

  Ziegler, Ron, 2, 4, 17, 40, 44–45, 48, 67, 69, 70, 76, 78–80, 92, 102, 154, 167, 168, 184, 189–91, 246, 252, 254, 257, 272–76, 277–79, 288, 296, 346, 348, 360, 361, 367, 372, 374–76, 379, 388, 393, 418, 419, 422–24, 426, 441, 444–45, 454–58, 465–66, 479, 483, 485–86, 489, 495, 504, 507, 509, 510, 517, 519–22, 526–31, 537, 544, 548–52, 554, 563, 564–68, 570–72, 577, 578, 582, 584, 586–88, 590, 592, 597–604, 606, 608, 609, 611, 613, 620, 622–25, 628, 632, 649, 669n5, 699n57, 702n104

  Dean and, 445, 450, 452, 454–55, 457–58, 465, 475

  Dean report and, 277, 278, 675n11

  Dean’s statement and, 465, 466

  Ehrlichman and, 372

  FBI agents and, 543

  Haldeman and, 167, 375, 376

  Haldeman and Ehrlichman’s resignations and, 535

  and first Watergate-related press conference, 47, 51, 52

  and Nixon’s statement on Dean’s investigation, 146, 151

  Segretti and, 165

  Senate Watergate committee and, 215, 216

  “Statements About the Watergate Investigations” white paper and, 578–81

  and telephone in plumbers’ office, 191n

  Washington Post and, 170–71, 175–76

  Watergate trial and, 204

  * It is clear today what was erased and why, but as to who did it, while the list of candidates can be narrowed, the actual culprit cannot be established beyond a reasonable doubt. The gap story is 99.9 percent news media hype and 0.1 percent significant to understanding Watergate. See Appendix B.

  * This information had to come from Ehrlichman, Mitchell or Magruder, because it had not been reported in the newspapers. Before hearing this tape, I was unaware of this information.

  * Haldeman was referring to the White House staff only, namely himself and aides Larry Higby and Alex Butterfield. The Secret Service, which installed and monitored the recording system, similarly kept knowledge restricted to only those who were needed to keep it functioning properly.

  * There are many Johns who come up during the recorded conversations: John Ehrlichman, John Mitchell, John Connally, John Dean, etc. Typically both the president and Haldeman refer only to Ehrlichman as John, while for others they use the last name. For clarity, when confusion is possible I have either replaced the “John” with the appropriate last name or added it in brackets.

  * Haldeman, who was still sorting out the facts, had this particular one wrong. He would later learn it was Alfred Baldwin, who worked for James McCord, who used this line-of-sight room. After the arrests on June 17, Hunt went there to give Baldwin instructions to pack up the listening equipment and get out of town. Hunt and Liddy had been in the Watergate Hotel rooms that had been occupied by the Miami-based burglars.

  * Often there are misstatements in the conversations, and I have not given them a sic; rather, when it is an important fact, or a clear effort to mislead, I have noted it either in the narrative or a in footnote.

  * See Appendix A.

  * Ehrlichman would be indicted and convicted for perjury for his grand jury testimony on May 3, 1973, when he denied any knowledge of Liddy’s name coming up during any meetings he attended during the week following the arrests at the Watergate. The prosecutors, however, did not have this remarkable information recorded by Haldeman. Count Eleven, Indictment, U.S. v. Mitchell et al. (March 1, 1974).

  * Liddy falsely claimed I had made the commitment, but I told Mardian and LaRue that it was untrue, not to mention that I certainly had no such authority. Today I realize this was a standard Liddy manipulative tactic.

  * According to the telephone logs of acting FBI director Patrick Gray, Ehrlichman called him at 9:35 A.M., as Haldeman was meeting with the president. Gray later said that Ehrlichman simply told him (which I had not in fact been informed of): “John Dean is going to be handling an inquiry into this thing for the White House. He’s expecting your call.” Gray further claims he told Ehrlichman, “As far as the FBI is concerned, we’re treating this as a major special with all our normal procedures in effect. It’s going to be an aggressive and thorough investigation, and I expect we will be interviewing people at the White House. We’ll need to set up procedural safeguards against leaks.” L. Patrick Gray III with Ed Gray, In Nixon’s Web: A Year in the Crosshairs of Watergate (New York: Times Books, 2008), 63. Gray’s reconstruction is highly doubtful: There was no White House inquiry conducted by me, and if Gray was bracing the White House for an aggressive “major special” investigation, Ehrlichman would likely have shared this fact with someone—which he did not—for he would very much be subject to it. At the time, Gray hoped to be nominated director, and such a statement to Ehrlichman would have assured that he would not get it. Ed Gray, who authored this book, relied on the reconstructed conversation in his father’s testimony. This was surely a conversation both Gray and Ehrlichman later wanted to forget had taken place.

  * This information could only have come from Mitchell, and it appears, at best, to have been pure speculation. When Liddy had spoken with Mardian and LaRue on the afternoon of June 20, 1972, his position was that his involvement would never be discovered, and he resisted Mardian’s suggestion that he give himself up. See testimony of Robert Mardian, 6 Senate Select Committee on Presidential Campaign Activities (SSC), 2359. Rather than confessing, Liddy was busy creating new problems—a conspiracy to obstruct justice by demanding money to take care of all those involved in the mess he had created.

  * The National Archives and Records Administration (NARA) tape for this telephone conversation, No. 25-116, is inaudible, so only the EOB room recording of the conversation is available.

  * A navy yeoman, Charles Radford, had taken documents from the National Security Council and Henry Kissinger’s office and given them to officials at the Pentagon, who wanted to know what was occurring inside Nixon’s NSA. Some of this information had later appeared in Jack Anderson’s syndicated column and became the focus of a major investigation by David Young for the Special Investigations Unit, aka the plumbers. Haldeman, though, was not certain anything had actually been taken, as opposed to copies having been made.

  * When revealed by order of the U.S. Supreme Court in late July 1974, this became known as the “smoking gun” conversa
tion, because it was viewed as hard evidence, demonstrating beyond question, that Nixon’s final defense about the Watergate break-in in his April 30, 1973, speech, followed by his May 22, 1973, statement, was bogus, which doomed the Nixon presidency. Ironically, this conversation has been mistakenly understood as an effort by Nixon and Haldeman to shut down the FBI’s entire Watergate investigation. This appears to be the case only when viewed out of context. In August 1974, when the converstion was revealed, and Nixon and his lawyers had to focus on this conversation, he had long forgotten what was actually involved; they assumed it had the same meaning as everyone else did. In reality, it was only an effort by Haldeman to stop the FBI from investigating an anonymous campaign contribution from Mexico that the Justice Department prosecutors had already agreed was outside the scope of the Watergate investigation. In approving this action, however, Nixon slightly expanded the request, saying that the FBI should also stay out of Howard Hunt’s CIA-related activities. In fact, this conversation did not put the lie to Nixon’s April 30 and May 22, 1973, statements, and had Nixon known that he might have survived its disclosure to fight another day. This is not to say, however, that Nixon’s April 30 and May 22, 1973, statements were not a lie, as countless other conversations later revealed. In short, the smoking gun was only firing blanks.

  * The president’s U.S. Supreme Court nominee, Harrold Carswell, was rejected by the U.S. Senate.

  * In January 1971, Mitchell’s Justice Department indicted Philip Berrigan and others (known as the “Harrisburg Seven”) for purportedly trying to kidnap Henry Kissinger and blow up federal buildings. The jury did not believe the charges and acquitted all.

  * In August 1971, black intellectual and radical Angela Davis was indicted by Mitchell’s Justice Department for murder, kidnapping and conspiracy, charges relating to an escape of prisoners from a federal courtroom, only to be later found not guilty on all counts by an all-white jury.

  * On December 29, 1971, Daniel Ellsberg and Anthony Russo were indicted by Mitchell’s Justice Department on fifteen counts of theft of government documents and espionage in connection with leaking the Pentagon Papers. The case was pending in federal court in California, and the fact that Haldeman and the president believed the case would fail is a striking admission.

 

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