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Context of 'April 20, 1973: Mitchell Testifies, Says He Would not Approve Bugging Democrats'

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Frederick LaRue.Frederick LaRue. [Source: Spartacus Educational]Two White House aides, Frederick LaRue and G. Gordon Liddy, attend a meeting of the Nixon presidential campaign, the Committee to Re-elect the President (CREEP), where it is agreed that the organization will spend $250,000 to conduct an “intelligence gathering” operation against the Democratic Party for the upcoming elections. (Spartacus Schoolnet 8/2007) The members decide, among other things, to plant electronic surveillance devices in the Democratic National Committee (DNC) headquarters (see April-June 1972). LaRue is a veteran of the 1968 Nixon campaign (see November 5, 1968), as is Liddy, a former FBI agent. (Spartacus Schoolnet 8/2007; Spartacus Schoolnet 8/2007) LaRue decides to pay the proposed “Special Investigations Unit,” later informally called the “Plumbers” (see Late June-July 1971), large amounts of “hush money” to keep them quiet. He tasks former New York City policeman Tony Ulasewicz with arranging the payments. LaRue later informs another Nixon aide, Hugh Sloan, that LaRue is prepared to commit perjury if necessary to protect the operation. A 1973 New York Times article will call LaRue “an elusive, anonymous, secret operator at the highest levels of the shattered Nixon power structure.” (Spartacus Schoolnet 8/2007) The FBI will later determine that this decision took place between March 20 and 30, 1972, not 1971 (see March 20-30, 1972). 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 September 9, 1971).

Herbert L. “Bart” Porter (see Fall 1970 - Early 1971) is promoted from his post on the White House’s Communications Directorate to the Committee to Re-elect the President (CREEP), as director of scheduling. Porter later writes: “By the time I was transferred… I had a headful of palace gossip. I thought in terms of we and they, and I could chant, ‘Four legs good, two legs bad’ with the best of Orwell’s little pigs. (But I can’t believe that in this respect things were too different in the camp of the Democrats.)” Aside from his usual duties of scheduling various campaign representatives and spokespersons to speak on behalf of President Nixon, Porter is put in charge of CREEP’s petty-cash safe and the job of paying out moneys to individuals. He will later comment, “I’ll never know why I was asked to do this, but I think this is what caused all of my troubles.” (Porter 10/1974)

Nixon aide John Ehrlichman reports that he has successfully created the special investigations unit ordered by the president (see Late June-July 1971). His first choice to head the unit, speechwriter Pat Buchanan, refused the position. Ehrlichman rejected fellow aide Charles Colson’s own choice, retired CIA agent E. Howard Hunt, who has recently joined the White House staff (see July 7, 1971). Ehrlichman turned to his own protege, Egil “Bud” Krogh, and David Young, a former assistant to National Security Adviser Henry Kissinger, to head the unit. Young gives the unit its nickname of “Plumbers” after he hangs a sign on his office door reading, “D. YOUNG—PLUMBER.” Their first hire is former FBI agent and county prosecutor G. Gordon Liddy, a reputed “wild man” currently being pushed out of the Treasury Department for his strident opposition to the administration’s gun control policies. (Reeves 2001, pp. 348-349)

Eugenio Martinez.Eugenio Martinez. [Source: public domain]President Nixon’s “Plumbers” unit, tasked to plug media leaks from administration officials and outsiders to the media, burglarizes the Los Angeles office of psychiatrist Lewis Fielding to find damaging information on Daniel Ellsberg, the former defense analyst and patient of Fielding who leaked the “Pentagon Papers” to the media. (Gerald R. Ford Library and Museum 7/3/2007) Ellsberg is a former Marine captain in Vietnam and protege of Henry Kissinger who had a change of heart over the war; he then leaked a secret set of Pentagon documents to the New York Times detailing how the Kennedy and Johnson administrations had secretly escalated the war in Vietnam (see June 13, 1971).
Watergate Connection - One of the burglars is Eugenio Martinez, who later is arrested as one of the five Watergate burglars (see 2:30 a.m.June 17, 1972). Martinez and two others—Felipe de Diego and the mission leader, E. Howard Hunt, who will supervise the Watergate burglary—are all old “CIA hands” heavily involved in anti-Castro activities. Martinez is still active in the CIA, as is Hunt, whom he often refers to by his old CIA code name of “Eduardo.” Another Watergate burglar, CIA agent Bernard Barker, is also involved in the Ellsberg burglary.
Martinez: Burglary a Near-Disaster - Hunt tells Martinez and Diego that they are to burglarize the offices of a “traitor” who is spying for the Soviet Union, and that the mission was ordered by the White House, where Hunt is now an aide. Barker tells the Cubans, “We have to find some papers of a great traitor to the United States, who is a son of a b_tch .” The men will become a unit outside the normal law enforcement and intelligence channels, operating within but not part of the CIA, FBI, and “all the agencies,” Martinez will later recall. They buy photographic equipment at Sears, and Hunt and Diego use disguises—wigs, fake glasses, false identification, and voice-altering devices. “Barker recognized the name on Hunt’s false identification—Edward J. Hamilton—as the same cover name Eduardo had used during the Bay of Pigs,” Martinez will recall. The planning, Martinez will recall, is far looser and less meticulous than “anything I was used to in the [CIA].” A disguised Hunt and Diego, masquerading as delivery men, deliver the photographic equipment to the office; later that night, they and Martinez break in and rifle the office. Martinez will write that Hunt and de Diego looked “kind of queerish” in their disguises, with their “Peter Lorre-type glasses, and the funny Dita Beard wigs” (see February 22, 1972). Before the break-in, Barker, who does not enter, whispers to Martinez, “Hey, remember this name—Ellsberg.” Martinez does not recognize the name. (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)

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

President Nixon tells his chief of staff H. R. Haldeman that the Watergate burglars (see 2:30 a.m.June 17, 1972) “are going to need money.” The next day, burglar G. Gordon Liddy tells White House aides Frederick LaRue (see March 20, 1971) and Robert Mardian that he and his fellow burglars will need money for bail, legal expenses, and family support. Mardian says that the request is blackmail and should not be paid. (Spartacus Schoolnet 8/2007) It will eventually be revealed that Watergate burglar E. Howard Hunt is at the center of a scheme to blackmail the White House for around $1 million in “hush money” (see March 21, 1973).

President Nixon and chief of staff H. R. Haldeman discuss a suggestion by Nixon campaign chief John Mitchell regarding the Watergate burglary and bugging (see 2:30 a.m.June 17, 1972). Mitchell believes that burglar G. Gordon Liddy should take the entire blame for the burglary, and confess to being the operation’s “mastermind.” “You mean you’d have Liddy confess and say he did it unauthorized?” Nixon asks. Haldeman affirms the question. After further discussion, Nixon says: “The reaction is going to be primarily Washington and not the country, because I think the country doesn’t give much of a sh_t about it other than the ones we’ve already bugged.… Everybody around here is all mortified by it. It’s a horrible thing to rebut [whereas] most people around the country think this is routine, that everybody’s trying to bug everybody else, it’s politics.” Nixon is struck with a new idea during the conversation—use every accusation of the Watergate bugging to claim that it only proves the Democrats were bugging the Nixon campaign. Maybe they should plant a bug on themselves and claim the Democrats planted it, Nixon suggests. Haldeman circles the conversation back to Liddy, and Nixon asks, “Is Liddy willing?” Haldeman replies: “He says he is. Apparently he is a little bit nuts… apparently he’s sort of a Tom Huston-type guy (see June 5, 1970).… He sort of likes the dramatic. He’s said, ‘If you want to put me before a firing squad and shoot me, that’s fine. I’d kind of like to be like Nathan Hale.’” (Reeves 2001, pp. 505-506)

Vernon Walters.Vernon Walters. [Source: Medal of Freedom (.com)]White House counsel John Dean meets with Vernon Walters, the deputy director of the CIA, to ask if the agency can provide “financial assistance” to the five Watergate burglars. Two days later, after checking with his boss, CIA director Richard Helms, Walters refuses Dean’s request. Dean informs his White House and Nixon campaign associates, John Mitchell, Frederick LaRue, and Robert Mardian. On June 29, Dean meets with President Nixon’s personal lawyer, Herbert Kalmbach, and tells him that Mitchell, along with Nixon’s two top aides, H. R. Haldeman and John Ehrlichman, want Kalmbach to raise money for the Watergate burglars. Later that day, the finance chairman of the Nixon re-election campaign, Maurice Stans, gives Kalmbach $75,000 for the burglars. Over the next months, money will continue to be raised and disbursed to the burglars in what may be part of a blackmail scheme orchestrated by one of them, E. Howard Hunt (see March 21, 1973). (Spartacus Schoolnet 8/2007)

White House counsel John Dean meets with President Nixon’s personal lawyer, Herbert Kalmbach, in Lafayette Park near the White House. Away from possible eavedropping, Dean tells Kalmbach that his job is to secretly raise money for the Watergate defendants (see June 20-21, 1972). The money is to be delivered by former New York policeman and Nixon campaign operative Tony Ulasewicz (see March 20, 1971). Kalmbach checks into a room at the Statler Hilton, where campaign finance chairman Maurice Stans gives him a briefcase containing $70,000 in $100 bills. (Reeves 2001, pp. 572) Kalmbach will distrubute $187,000 in “hush money” to the burglars over the next three months; after that, the distribution will be handled by former Mitchell aide Frederick LaRue, who will hand out another $230,000. Nixon will claim he knew nothing of this until informed by White House counsel John Dean in March 1973 (see March 21, 1973), but author James Reston, Jr will later write that Kalmbach’s involvement is “strong circumstantial” evidence “that Nixon must have known about the process from the beginning. Had the president’s lawyer been caught at this task, it would have associated the president with the break-in in the summer of 1972, and no one but Nixon would logically have authorized such a risky procedure.” (Reston 2007, pp. 34)

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)

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)

White House aide Charles Colson and Watergate burglar E. Howard Hunt discuss Hunt’s demand for “hush money” (see June 20-21, 1972 and March 21, 1973) in a telephone call. Hunt says he called “because the commitments that were made to all of us [Hunt and the other six burglars, all of whom are facing trial] have not been kept.” He continues: “There’s a great deal of concern on the part of the seven defendants. There’s a great deal of financial expense here that is not covered. What we’ve been getting has been coming in very minor drips and drabs. We’re now reaching a point at which—” “Don’t tell me any more,” Colson interjects. Hunt says, “[T]his thing should not break apart for foolish reasons,” which Colson interprets as a veiled threat that Hunt will begin talking to prosecutors about his involvement in the Watergate conspiracy. Colson seems to get the message: “Christ no.… You’ve told me all I need to know… the less I know really about what happened, the more help I can be to you.” Hunt says: “We’ve set a deadline now for the close of business on November 25 for the resolution, the liquidation of everything that’s outstanding.… I’m talking about promises from July and August. We could understand some hesitancy prior to the election (see November 7, 1972), but there doesn’t seem to be any of that now. Of course, we’re well aware of the upcoming problems of the Senate” (see February 7, 1973). Colson replies, “That’s where it gets hairy as hell.” Hunt continues: “We’re protecting the guys who were really responsible. That’s a continuing requirement. But this is a two-way street.… We think now is the time when some moves should be made, and surely your cheapest commodity is money.” (Reston 2007, pp. 186-190) Shortly thereafter, Hunt receives more money from secret White House sources (see January 8-9, 1973).

A confident G. Gordon Liddy leaves the courtroom.A confident G. Gordon Liddy leaves the courtroom. [Source: Bettmann / Corbis]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)

E. Howard Hunt, the leader of the seven Watergate burglars (see 2:30 a.m.June 17, 1972) currently on trial, tells fellow burglars Frank Sturgis, Virgilio Gonzalez, Eugenio Martinez, and Bernard Barker (sometimes called the “Cubans”) that if they plead guilty and keep their mouths shut, the White House will financially take care of their families. Hunt will plead guilty the next day; the others will plead guilty days later (see January 8-11, 1973). (Spartacus Schoolnet 8/2007) Hunt has been pressuring the White House for executive clemency—in essence, a presidential pardon—for himself in return for his and the burglars’ guilty pleas and subsequent silence. (Reeves 2001, pp. 557-558) Watergate burglar Bernard Barker will write of the decision to plead guilty in October 1974. He will recall Hunt as being thoroughly demoralized by the death of his wife Dorothy (see December 8, 1972), and telling Barker, “Well, you do what you want, but I am going to plead guilty.” When Barker asks why, Hunt replies: “We have no defense. The evidence against us is overwhelming.” Barker asks, “What about Liddy and McCord?” asking about the two accused burglars, G. Gordon Liddy and James McCord, who are being tried separately. Hunt replies: “Liddy and McCord are in a different sector. We are in one sector and they are in another. They have their own plan.” Barker then asks the Cubans’ lawyer, Henry Rothblatt, what his strategy is. Rothblatt confirms that they have no defense against the charges (see Early January, 1973), but he intends to “aggravate that Judge Sirica [John Sirica, presiding over the trial] to the point where I am going to drive him out of his cotton-pickin’ mind, and he is going to make so many mistakes with his arrogance that this will be a perfect case for appeal.” Unimpressed, Barker says he will follow Hunt’s lead and plead guilty. Rothblatt insists that Barker not trust Hunt and the others, saying: “They are a bunch of b_stards. They’ll double-cross you. They’ll sell you down the river.” Nevertheless, Barker and the other three burglars agree to follow Hunt’s lead and plead guilty. Rothblatt resigns from the case. Apparently, Barker is unaware at this time of Hunt’s negotiations with the White House for executive clemency for himself. (Martinez and Barker 10/1974)

During the trial of the “Watergate Seven” (see January 8-11, 1973), unbeknownst to the press, the prosecution, or Judge John Sirica, Watergate defendant James McCord has been quietly writing anonymous letters to his former supervisors and friends at the CIA. McCord’s letters warn them that the White House intends to blame the agency for the Watergate conspiracy. His last unsigned letter goes to former White House aide Jack Caulfield, now working for the IRS (see December 21, 1972). “If [CIA director Richard] Helms goes and the Watergate operation is laid at CIA’s feet, where it does not belong, every tree in the forest will fall,” he writes, apparently alluding to his intention to tell what he knows. “Just pass the message that if they want it to blow, they are on exactly the right course.” Caulfield did indeed pass the message to the White House. During the trial, Caulfield met with McCord, representing “the highest level of the White House,” promising money and executive clemency for McCord if he will plead guilty and stay quiet. McCord does not take the deal (see March 19-23, 1973). (Reeves 2001, pp. 561-562)

During the trial of Watergate burglars G. Gordon Liddy and James McCord (see January 8-11, 1973), the court goes into closed session to hear testimony from confessed Watergate accomplice Alfred Baldwin (see June 17, 1972). Baldwin tells the court that he recorded approximately 200 hours of phone and spoken conversations from the electronic surveillance on the Democrats in the Watergate office complex, and gave the logs to McCord. (O.T. Jacobson 7/5/1974 pdf file; Reeves 2001, pp. 562)

Hugh Sloan.Hugh Sloan. [Source: Bettmann / Corbis]Former Nixon campaign treasurer Hugh Sloan testifies during the trial of the “Watergate Seven” (see January 8-11, 1973). Judge John Sirica becomes impatient with the diffident questioning of the prosecutors, excuses the jury, and grills Sloan himself. Sloan admits to disbursing $199,000 in secret campaign funds for G. Gordon Liddy’s covert campaign espionage operations, and that the transaction had been approved by both campaign director John Mitchell and campaign finance director Maurice Stans (see January 23, 1973). (Reeves 2001, pp. 563-564; Spartacus Schoolnet 8/2007)

W. Mark Felt.W. Mark Felt. [Source: Southern Methodist University]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)

G. Gordon Liddy.G. Gordon Liddy. [Source: Robert Maass / Corbis]Following on the five guilty pleas of their fellow defendants (see January 8-11, 1973), the final two Watergate defendants, G. Gordon Liddy and James McCord, are found guilty of conspiracy, burglary, and wiretapping Democratic headquarters. (Gerald R. Ford Library and Museum 7/3/2007) During the trial, the court hears damning testimony from confessed Watergate accomplice Alfred Baldwin (see Mid-January 1973) and former Nixon campaign treasurer Hugh Sloan (see January 23, 1973). As the trial progressed, the stolid solidarity of the defendants began to crack, with Liddy’s lawyer attempting to shift the blame for criminal actions onto E. Howard Hunt, who pled guilty three weeks before. McCord’s lawyer won little sympathy from the jury by attacking Judge John Sirica’s impartiality and competence during the trial. Prosecutor Earl Silbert, calling Liddy “the leader of the conspiracy, the moneyman, the boss,” told the jury in his final statement, “[W]hen people cannot get together for political purposes without fear that their premises will be burglarized, their conversations bugged, their phones tapped… you breed distrust, you breed suspicion, you lost confidence, faith and credibility.” He asked for “a verdict that will help restore the faith in the democratic system that has been so damaged by the conduct of these two defendants and their coconspirators.” The jury takes a mere 90 minutes to return its verdict. Sirica orders the two immediately jailed while he considers bail. (Meyer 1/31/1973; Reeves 2001, pp. 567)

President Nixon and his senior political aide, Charles Colson, discuss the Watergate conspiracy and how the White House should handle it. Nixon says, “A cover-up is the main ingredient.” Colson agrees, “That’s the problem.” Nixon continues: “That’s where we gotta cut our losses. My losses are to be cut. The president’s losses got to be cut on the cover-up deal.” Nixon will not admit to knowing anything about a cover-up until March 23, when he will claim to have been told for the first time about a cover-up by White House counsel John Dean (see March 21, 1973). Author James Reston Jr. calls this conversation, and that of the day before (see February 13, 1973), examples of Nixon and his aides’ “very good gangster talk,” and writes that “there could not be more classic evidence of the president wriggling, maneuvering, scheming to escape the reach of the law.” (Reston 2007, pp. 43-44) Nixon is not so worried about his former campaign chairman, John Mitchell. He “has a great stone face” and a “convenient memory,” he and Colson agree. Colson is fairly sure if burglar E. Howard Hunt begins talking to the Watergate prosecutors, he will “limit the losses,” but neither are fully convinced of Hunt’s commitment to silence. (Reston 2007, pp. 199-200)

John Dean.John Dean. [Source: Southern Methodist University]According to his later testimony before the Senate Watergate Committee (see June 25-29, 1973), White House counsel John Dean talks for the first time to President Nixon about the payment of “hush money” to the seven Watergate defendants (see June 20-21, 1972 and March 21, 1973). With Nixon’s top aide, H. R. Haldeman, present, Dean, according to his testimony, “told the president that there was no money to pay these individuals to meet their demands. He asked me how much it would cost. I told him that I could only estimate, that it might be as high as a million dollars or more. He told me that that was no problem and he also looked over at Haldeman and repeated the statement. He then asked me who was demanding this money, and I told him it was principally coming from [Watergate burglar E. Howard] Hunt through his attorney.” Nixon then reminds Dean that Hunt has been promised executive clemency (see January 8-9, 1973). Though Nixon will deny any knowledge of either payoffs or executive clemency, if Dean’s testimony is true, Nixon could well be guilty of obstruction of justice. The White House will also claim that this topic first comes up on March 21 rather than today (see March 21, 1973). (Time 7/9/1973)

White House counsel John Dean warns President Nixon of a “cancer on the presidency.” When this phrase enters the public dialogue, it is popularly misremembered as Dean warning Nixon about the ill effects of the Watergate conspiracy on the Nixon presidency. Instead, Dean is warning Nixon about the deleterious effects of the blackmail efforts being carried out against the White House by the convicted Watergate burglars (see June 20-21, 1972). In a conversation secretly taped by Nixon, Dean says, “We have a cancer within, close to the Presidency, that is growing. Basically it is because we are being blackmailed.” (Reeves 2001, pp. 577-578; Gerald R. Ford Library and Museum 7/3/2007; Spartacus Schoolnet 8/2007)
Cancer Should 'Be Removed Immediately' - In later testimony to the Senate Watergate Investigative Committee (see June 25-29, 1973), Dean states his words somewhat differently: “I began by telling the president that there was a cancer growing on the presidency and that if the cancer was not removed, that the president himself would be killed by it. I also told him that it was important that this cancer be removed immediately because it was growing more deadly every day.” Dean then tells Nixon virtually the entire story of the Watergate conspiracy, noting his discussions with other conspirators about the prospective wiretapping of the Democrats—particularly Watergate burglar G. Gordon Liddy and campaign officials John Mitchell and Jeb Magruder—and tells Nixon that he had reported the plans to Nixon’s top aide, H. R. Haldeman. He had participated in paying off the burglars to remain silent, and had coached Magruder to perjure himself before the Watergat grand jury (see April 14-18, 1973). Dean will testify: “I concluded by saying that it is going to take continued perjury and continued support of these individuals to perpetuate the cover-up and that I did not believe that it was possible to so continue it. Rather, all those involved must stand up and account for themselves and the president himself must get out in front.” But, Dean will testify, Nixon refuses to countenance Dean’s advice, and instead sets up a meeting with Dean, Haldeman, Mitchell, and his other top aide, John Ehrlichman. Nixon hopes that Mitchell will agree to take the blame for the Watergate wiretapping, and thusly quell the public uproar (Mitchell will refuse). Nixon, Haldeman, Ehrlichman, and Dean meet a second time that afternoon, a meeting which Dean will later describe as another “tremendous disappointment.” He will testify, “It was quite clear that the cover-up as far as the White House was concerned was going to continue.” He will testify that he believes both Haldeman and Ehrlichman, and himself, are indictable for obstruction of justice, and that “it was time that everybody start thinking about telling the truth.” However, both aides “were very unhappy with my comments.” (Time 7/9/1973) Dean tells Nixon that to save his presidency, he and his closest aides Haldeman and Ehrlichman are going to have to testify and most likely go to jail. (Bernstein and Woodward 1974, pp. 304)
Blackmail Payoffs - Between the blackmail and the almost-certainty that White House officials are going to start perjuring themselves, Dean concludes that the problem is critical. Convicted burglar E. Howard Hunt wants another $72,000 for what he is calling personal expenses and $50,000 more for attorneys’ fees. Hunt directly threatened aides John Ehrlichman and Egil Krogh (see July 20, 1971) with his testimony, saying that, Dean reports, “I have done enough seamy things for he and Krogh that they’ll never survive it.” Hunt is threatening to reveal the story behind the Ellsberg break-in (see September 9, 1971) and, in Dean’s words, “other things. I don’t know the full extent of it.” Nixon asks, “How much money do you need?” Dean replies, “I would say these people are going to cost a million dollars over the next two years.” Nixon muses, “You could get a million dollars. You could get it in cash. I know where it could be gotten. I mean it’s not easy but it could be done.” The money can be raised, Nixon says, but the idea of any presidential pardons for anyone is out. Nixon learns from his secretary, Rose Mary Woods, that their secret campaign fund still has over $100,000. That evening, Hunt is given $75,000 in cash. (Reeves 2001, pp. 577-578; Gerald R. Ford Library and Museum 7/3/2007; Spartacus Schoolnet 8/2007) Hunt will eventually receive $120,000, almost the exact amount he demands. (Reston 2007, pp. 35)

President Nixon tells his aides, in a secretly recorded conversation (see July 13-16, 1973), to ensure that the nation never learns of the political and financial machinations that surround the Watergate burglary from his aides under investigation: “And, uh, for that reason, I am perfectly willing to—I don’t give a sh_t what happens, I want you all to stonewall it, let them plead the Fifth Amendment, cover-up or anything else.” Judge John Sirica, presiding over the Watergate trials, is appalled at later hearing this conversation. Sirica will later write, “A lifetime of dealing with the criminal law, of watching a parade of people who had robbed, stolen, killed, raped, and deceived others, had not hardened me enough to hear with equanimity the low political scheming that was played back to me from the White House offices.” (Werth 2006, pp. 131-132) Nixon tells aides H. R. Haldeman and John Ehrlichman that E. Howard Hunt, who has been blackmailing the White House (see March 21, 1973), is no longer a problem. But he wants something on paper that he can point to and say he knew nothing about the Watergate conspiracy, and that he had ordered an internal investigation of the matter. He sends counsel John Dean to Camp David for the weekend to write the document. (Reeves 2001, pp. 578-579)

Senate Watergate counsel Samuel Dash tells reporters that, following the extraordinary letter from convicted Watergate burglar James McCord that alleged perjury and enforced silence in the trial of the burglars (see March 19-23, 1973), he has twice interviewed McCord. McCord has “named names” and begun “supplying a full and honest account” of the Watergate operation. He refuses to give details, but promises that McCord will soon testify in public Senate hearings. Shortly after the press conference, the Los Angeles Times reports that McCord named White House counsel John Dean and Nixon campaign deputy director Jeb Magruder as two of the Nixon officials involved in planning the Watergate surveillance operation. Dean has not been named as being involved in the Watergate planning until now. The White House denies Dean’s involvement; significantly, its statement does not mention Magruder—the Nixon administration has cut him loose. Three Capitol Hill sources confirm the story; one Republican politician anonymously tells the Post that McCord’s allegations are “convincing, disturbing, and supported by some documentation.” Dean’s lawyer learns of a planned follow-up story by the Washington Post and threatens to sue the Post if it prints the allegations; Post editor Howard Simons orders that the story be published, including the threat from Dean’s lawyer. (Bernstein and Woodward 1974, pp. 276-277)

Convicted Watergate burglar E. Howard Hunt (see 2:30 a.m.June 17, 1972 and January 8-11, 1973) lies to the Watergate grand jury, saying he knows nothing of any involvement of higher-ranking White House or Nixon campaign officials in the conspiracy. (Reeves 2001, pp. 580)

James McCord demonstrates a bugging device during his testimony.James McCord demonstrates a bugging device during his testimony. [Source: Bettmann / Corbis]Convicted Watergate burglar James McCord testifies behind closed doors to the Senate Watergate Committee (see March 25, 1973). The committee’s ranking minority member, Howard Baker (R-TN), tells reporters after the lengthy session that McCord has provided “significant information… covering a lot of territory.” One senator anonymously tells Washington Post reporters Carl Bernstein and Bob Woodward of McCord’s testimony: McCord has told the senators that fellow Watergate burglar G. Gordon Liddy said the burglary and surveillance operation was approved by then-Nixon campaign chairman John Mitchell in February 1972, while Mitchell was still attorney general (see March 20, 1971). In addition, McCord told the senators that White House aide Charles Colson knew about the Watergate operation in advance. Little of this is news to the Post reporters, and they are not heartened by Baker’s admission that McCord’s testimony is almost all secondhand information. (Bernstein and Woodward 1974, pp. 280-281)

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

White House counsel John Dean tells top Nixon aide H. R. Haldeman that he intends to testify about his knowledge of the Watergate conspiracy (see March 21, 1973). Haldeman advises against it, saying, “Once the toothpaste is out of the tube, it’s going to be very hard to get it back in.” Dean compiles a list of 15 names of White House and Nixon campaign officials he believes could be indicted for crimes in the Watergate conspiracy (ten of those names are lawyers). He shows the list to fellow Nixon aide John Ehrlichman. (Time 7/9/1973)

Artist’s rendition of McCord’s testimony before the Senate Watergate Committee.Artist’s rendition of McCord’s testimony before the Senate Watergate Committee. [Source: Franklin McMahon / Corbis]The New York Times reports that convicted Watergate burglar James McCord told the Senate Watergate Committee (see March 28, 1973) that the cash payoffs for the burglars came directly from the Nixon re-election campaign (CREEP). McCord’s testimony is the first confirmation that CREEP bought the silence of the burglars during their trial (see January 8-11, 1973). Washington Post reporter Bob Woodward, attempting to confirm earlier information that the CREEP “slush fund” had continued to operate well after the Watergate burglaries (see 2:30 a.m.June 17, 1972), speaks to a CREEP official; the official explodes about the reaction among his colleagues to McCord’s testimony. “John Mitchell [the former head of CREEP] still sits there smoking on his pipe, not saying much… I used to take that for wisdom—you know, keeping your mouth shut. Now I realize that it’s ignorance.… God, I never thought I’d be telling you guys that I didn’t hate what you did. It’s the way the White House has handled this mess that’s undermined the presidency.… I’ve got friends who look at me now and say, ‘How can you have any self-respect and still work for CREEP?’ I’m sick.” Former CREEP treasurer Hugh Sloan confirms that at least $70,000 of the “slush fund” money (see Early 1970 and September 29, 1972)was used to pay off the burglars, all with the approval of CREEP financial director Maurice Stans. Woodward and colleague Carl Bernstein will later write: “That tied the knot. The secret fund had brought the reporters full circle—first the bugging, and now the cover-up.” (Bernstein and Woodward 1974, pp. 282-284)

Jeb Magruder testifies before Watergate investigators.Jeb Magruder testifies before Watergate investigators. [Source: Bettmann / Corbis]Former CREEP deputy director Jeb Magruder testifies in private to investigators for the Watergate investigation. Washington Post reporter Bob Woodward learns of Magruder’s testimony on April 18, from a CREEP official. The official tells Woodward that “Magruder is your next McCord (see March 28, 1973). He went to the prosecutors last Saturday [April 14] and really tucked it to [John] Dean and [John] Mitchell.” Woodward asks why Magruder, who has a reputation for extreme loyalty, would testify against anyone in either the White House or the campaign. “Bad sh_t, man,” the official responds. “The walls were coming in on him—walls, ceiling, floor, everything.” Magruder blamed Dean and Mitchell for “[t]he whole mess,” says the official, “the bugging plans and the payoff scheme… those meetings, or at least one meeting, in Mitchell’s office when everything was discussed with [G. Gordon] Liddy before the bugging.” Woodward confirms the official’s account with a White House official, who says that Magruder told everything he knew: “The works—all the plans for the bugging, the charts, the payoffs.… This is no hearsay like McCord. It will put Dean and Mitchell in jail.” Magruder’s lawyer confirms that his client will testify before the grand jury when called. And a Justice Department official adds that “other people will testify that Mitchell and Dean were in on the arrangements for the payoffs.” (Bernstein and Woodward 1974, pp. 292-293) The same day, Magruder admits to Bart Porter, the campaign’s director of scheduling, that he has been using Porter to help cover his own involvement in the Watergate conspiracy (see July 31, 1972). Porter, who has lied three times under oath for Magruder (see January 8-11, 1973), is horrified. He decides to stop lying for Magruder or anyone else, and tell the Senate Watergate Committee everything he knows about Watergate, regardless of the consequences. (Porter 10/1974)

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)

After learning that the White House will soon make a dramatic Watergate admission, Washington Post reporter Bob Woodward meets clandestinely with his “Deep Throat” source, FBI deputy director W. Mark Felt (see May 31, 2005). Felt drops a bombshell. “You’d better hang on for this,” he says. “Dean and Haldeman are out—for sure” (see April 30, 1973). John Dean is President Nixon’s White House counsel and one of the key figures in the Watergate conspiracy. H. R. Haldeman is Nixon’s chief of staff and closest confidante. “Out. They’ll resign. There’s no way the president can avoid it.” Woodward and his colleague Carl Bernstein inform Post editor Ben Bradlee of Felt’s revelation (avoiding any identification of Felt). Bradlee is reluctant to print such an explosive story based on one “deep background” source, no matter how reliable. The story does not go to print. (Woodward 2005, pp. 75-81) Felt’s story is accurate as far as it goes. The day before, Attorney General Richard Kleindienst had informed President Nixon that Dean and former campaign deputy Jeb Magruder testified, and that they named Haldeman, White House aide John Ehrlichman, and former campaign chief John Mitchell as co-conspirators. Dean went even further, demanding complete immunity and threatening to implicate Nixon if he was not given legal protection. Kleindienst says he will have to recuse himself from further involvement in the investigation because of his close relationship with Mitchell (see April 19, 1973), but deputy attorney general Henry Peterson will keep Nixon informed of any and all events that transpire. (Reeves 2001, pp. 586-587) It is not clear if Felt knew that Mitchell and Ehrlichman had also been implicated; in any event, he does not inform Woodward. (Woodward 2005, pp. 75-81)

The Washington Post reports that testimony from former Committee to Re-elect the President (CREEP) director Jeb Magruder (see April 14-18, 1973) shows that White House counsel John Dean and former CREEP director John Mitchell “approved and helped plan the Watergate bugging operation,” and that “Mitchell and Dean later arranged to buy the silence of the seven convicted Watergate conspirators.” A simultaneous piece by the New York Times reports that Attorney General Richard Kleindienst has recused himself from handling the case because of “persistent reports” that three or more of his colleagues will be indicted (see April 16-17, 1973). The Watergate grand jury is shifting its focus from the Watergate bugging itself to the issue of the cover-up and the possibility of obstruction of justice by administration officials. If indicted, the story says, Dean will cooperate with the investigation. Dean’s office issues a statement from Dean that says although he will continue to refrain from making public comments on the case, that policy may change. “[S]ome may hope or think that I will become a scapegoat in the Watergate case. Anyone who believes this does not know me, does not know the true facts, nor understand our system of justice.” A friend of Dean’s confirms Dean’s new defiance, saying: “John welcomes the opportunity to tell his side of the story to the grand jury. He’s not going to go down in flames for the activities of others.” (Bernstein and Woodward 1974, pp. 293-296)

Former Nixon campaign director John Mitchell testifies before the Watergate grand jury. An associate of Mitchell’s says that Mitchell is resigned to going to jail. He has no intention of saying anything that might jeopardize President Nixon. It is less certain what he will say about Nixon aides H. R. Haldeman and John Ehrlichman; he hates both of them and blames them for “ruining” Nixon and persuading Nixon to let him take a fall. After his testimony, Mitchell confirms that he participated in meetings where the idea of electronically monitoring the Democrats was discussed, but says he turned down any ideas of gathering intelligence against political opponents that were illegal. Another associate of Mitchell says that the former director admitted paying the seven Watergate defendants during the trial, but that money was supposed to be for legal fees and not to buy their silence, as his former deputy Jeb Magruder has testified (see April 14-18, 1973). Mitchell testified that someone at the White House went over his head to get approval for the electronic surveillance against the Democrats. The associate says Mitchell believes that person was Charles Colson, but has no proof and did not mention Colson’s name to the grand jury. (Bernstein and Woodward 1974, pp. 300-301)

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

White House special counsel Richard Moore, who testifies to the Senate Watergate Committee before former White House aide Alexander Butterfield admits to the existence of a secret White House taping system (see July 13-16, 1973), insists that it is his “firm conviction” that President Nixon knew nothing of the cover-up of the Watergate conspiracy until March 21, 1973 (see March 21, 1973). Moore recalls an April 19 conversation with Nixon, in which Nixon allegedly said that then-White House counsel John Dean had told Nixon of the cover-up on March 21. According to Moore, Dean also told Nixon about the demands for “hush money” from convicted Watergate burglar E. Howard Hunt to keep Hunt quiet about his knowledge of the burglary of the office of Daniel Ellsberg’s psychiatrist (see September 9, 1971). Terry Lenzner, one of the committee’s lawyers, reads White House log summaries made by Republican committee counsel Fred Thompson, summaries that have been verified as accurate by White House officials. Moore refuses to acknowledge that those log summaries are accurate reflections of conversations held by Nixon. Moore says that he had concluded on March 20 that Nixon “could not be aware of the things that Mr. Dean was worried about,” including the cover-up and the potential of it being publicly revealed. Lenzner asks: “Mr. Moore, do you agree now that your understanding of the president’s information and knowledge was basically incorrect. That he did, in fact, have information at that meeting… on March 20 concerning [Gordon] Strachan [an aide to Chief of Staff H. R. Haldeman] and also possible involvement in Watergate and also involving the Ellsberg break-in?” Moore replies: “You have heard my statement on that, of course, that [Nixon] did not, that it was my judgment that he did not. I know of nothing to change that.” Dean has testified that on March 13 he told Nixon of Strachan’s possible involvement with the cover-up, and on March 17 he told Nixon of the Ellsberg break-in, testimony substantiated by the White House log summaries. Moore suggests that the committee ask someone who was at those meetings. Moore’s testimony will be proven false by the so-called “Nixon tapes.” (Meyer 7/17/1973)

Herbert L. “Bart” Porter, the former scheduling director for the Nixon re-election campaign, pleads guilty to lying to the FBI and the grand jury in the Watergate investigation (see January 8-11, 1973). Porter will only serve a month of his five-to-fifteen-month sentence. (O.T. Jacobson 7/5/1974 pdf file) In October 1974, Porter will write with a certain fondness of his time at the minimum-security federal prison camp at Lompoc, California: “The camp was physically attractive, with green lawns and flowers outside. Inside, it had the appearance of a BOQ [military officers’ quarters]. There were no fences, no bars. Everything was wide open. I am glad to have had the privilege of spending three-and-a-half weeks with people I would have never known otherwise. It’s often said that if more men from the upper classes had to spend time in jails and prison, conditions would be improved. If this is true, then the Republican party should become one of reform.” (Porter 10/1974)

Herbert Kalmbach, Richard Nixon’s personal lawyer and formerly the assistant finance chairman of the Nixon re-election campaign, pleads guilty to violating the Federal Corrupt Practices Act and a misdemeanor charge of fraudulently promising an ambassadorship in return for a campaign contribution. The FBI’s internal report says that Kalmbach’s primary function in the Watergate conspiracy was to distribute the money used to silence the original seven Watergate defendants (see January 8-11, 1973). (O.T. Jacobson 7/5/1974 pdf file)

Former White House aides John Ehrlichman, Charles Colson, and G. Gordon Liddy, and three Cuban-Americans, including two of the convicted Watergate burglars (see January 8-11, 1973), Bernard Barker and Eugenio Martinez, are charged with planning and executing the burglary of the offices of Dr. Lewis Fielding, Pentagon Papers leaker Daniel Ellsberg’s psychiatrist (see September 9, 1971). Colson will quickly reach a plea-bargain agreement, promise to cooperate with the prosecution, plead guilty to one count of obstruction of justice, and serve approximately seven months in prison. (Bernstein and Woodward 1974, pp. 335; Billy Graham Center 12/8/2004) He will also be disbarred. In the guilty plea agreement, Colson admits to having devised “a scheme to obtain derogatory information about Daniel Ellsberg,” who himself was facing criminal charges relating to the Pentagon Papers leak. Colson wanted to smear Ellsberg’s reputation in the media, in essence having Ellsberg “tried in the newspapers” even though this would have an “adverse effect on his right to a fair trial.” Colson also admits to having written a “scurrilous and libelous memorandum” about one of Ellsberg’s attorneys. He does not admit to actually taking part in the planning of the Fielding burglary. (Time 6/17/1974) In 2006, White House counsel John Dean will write that Colson’s promise of cooperation is virtually worthless: “[I]n the end he proved to be utterly useless as a government witness, since the government could not vouch for his honesty.” (Dean 2006, pp. xxiii)

The Justice Department’s Office of Planning and Evaluation (OPE) submits a report on the role and actions of the FBI in the Watergate investigations. The report finds that, even with the attempts of former Attorneys General John Mitchell and Richard Kleindienst, White House aides John Dean and Jeb Magruder, and others to “mislead and thwart the Bureau’s legitimate line of inquiry,” and the “contrived covers” used to direct attention away from the White House, the FBI investigation was “the ultimate key to the solution of not only the Watergate break-in (see 2:30 a.m.June 17, 1972) but the cover itself.” The report continues: “There can be no question that the actions of former Attorneys General Mitchell and Kleindienst served to thwart and/or impede the Bureau’s investigative effort. The actions of John W. Dean at the White House and Jeb S. Magruder at the Committee to Re-elect the President were purposefully designed to mislead and thwart the Bureau’s legitimate line of inquiry. At every stage of the investigation there were contrived covers placed in order to mislead the investigators.” The OPE notes the following problems in the investigation, and provides explanations of some:
bullet Providing information concerning ongoing investigations to the White House, and allowing Dean to actually sit in on interviews of White House personnel (see June 22, 1972).
bullet Failing to interview key members of CREEP, the Nixon re-election campaign organization, as well as allowing CREEP attorneys to sit in on interviews of CREEP employees and allowing those attorneys access to FBI investigative materials. The report says that the investigation initially focused on James McCord and E. Howard Hunt, and interviewed CREEP officials tied directly to them. The net was widened later on. However, the report acknowledges that many CREEP employees undoubtedly lied to FBI investigators, “most notably John Mitchell, Jeb Magruder, Bart Porter, Sally Harmony, and Maurice Stans.” Porter and Magruder in particular “lied most convincingly.” Another CREEP employee, Robert Reisner (Magruder’s assistant), was not interviewed because Reisner successfully hid from FBI investigators. The FBI believes it was Reisner who cleaned out the “Operation Gemstone” files from Magruder’s office (see January 29, 1972 and September 29, 1972). Numerous other financial and other files were also destroyed after being requested by the FBI, most notably Alfred Baldwin’s surveillance tapes and logs from the Democratic offices in the Watergate (see May 29, 1972). Many of these files were destroyed by G. Gordon Liddy. “It is apparent that most [CREEP] people in the summer of 1972 were quite willing to lie and/or tell us considerably less than the full truth,” the report notes.
bullet An untenable delay in searching and securing Watergate burglar E. Howard Hunt’s desk in the White House, putting the contents of that desk at risk of being removed, and the “[a]lleged activities by former Acting Director [L. Patrick] Gray to limit, contain, or obstruct FBI investigation of Watergate” (see June 22, 1972). Gray is known to have destroyed materials from Hunt’s desk given to him by Dean, and is known to have extensively interfered with the FBI’s investigation (see June 28-29, 1972 and Late December 1972). The report notes that while it cannot find specific evidence that Gray broke any laws in his attempts to impede the FBI’s investigation into the Watergate conspiracy, it is clear that Gray cooperated with the White House, specifically through Dean, to ensure that the White House was always aware of what avenues of investigation were being pursued. The OPE says that Gray’s destruction of files from Hunt’s safe did not necessarily impede the FBI’s investigation, because it has no way of knowing what was in those files. The report says that it is unfortunate that “many people make no distinction between the FBI’s actions and Mr. Gray’s actions.”
bullet Failure to interview key individuals with knowledge of the suspicious monies found in the burglars’ bank accounts.
bullet Failing to secure and execute search warrants for the burglars’ homes, automobiles, and offices. The OPE says that many of those issuing this criticism “should know better,” and claims that the FBI agents involved did their level best to obtain search warrants within the bounds of the law. The report notes that after the burglary, the assistant district attorney prosecuting the case, Earl Silbert, did not believe there was probable cause to search burglar James McCord’s home or office until after July 10, 1972, when Baldwin told the FBI that he had taken surveillance equipment to McCord’s home (see June 17, 1972). Even then, Silbert decided that because of the amount of time—23 days—that had expired, a search warrant would have been pointless.
bullet Failing to identify and interview a number of people listed in the burglars’ address books. The OPE report notes that the decision to interview far less than half of the names in the books was made by FBI agents in the Miami field office, and due to the “fast moving extensive investigation which was then being conducted,” the decision to only track down a selected few from the books was right and proper. The report notes that subsequent interviews by reporters of some of the people in the address books elicited no new information. The report also notes that Gray refused to countenance interviews of the remaining subjects in the address book while the trial of the seven burglars (see January 8-11, 1973) was underway.
bullet Failing to find and remove a surveillance device from the Democratic National Committee headquarters (see September 13, 1972). The OPE calls this failure “inexplicable.”
bullet Failure to thoroughly investigate CREEP agent Donald Segretti (see June 27, 1971, and Beyond) and other CREEP operatives. The OPE finds that because Segretti was initially uncooperative with FBI investigators, and because an “extensive investigation” turned up nothing to connect Segretti with the Watergate conspiracy, the agents chose not to continue looking into Segretti’s actions. Only after press reports named Segretti as part of a massive, White House-directed attempt to subvert the elections process (see October 7, 1972) did the FBI discuss reopening its investigation into Segretti. After reviewing its information, the FBI decided again not to bother with Segretti. The OPE finds that the decision was valid, because Segretti had not apparently broken any federal laws, and the FBI does not conduct violations of election laws unless specifically requested to do so by the Justice Department. The report also says that politics were a concern: by opening a large, extensive investigation into the Nixon campaign’s “dirty tricks,” that investigation might have impacted the upcoming presidential elections.
bullet Media leaks from within the FBI concerning key details about the investigation (see May 31, 2005). The report finds no evidence to pin the blame for the leaks on any particular individual. The report notes that New York Times reporter John Crewdson seemed to have unwarranted access to FBI documents and files, but says it has turned that matter over to another agency inside the bureau.
bullet Failing to interview, or adequately interview, key White House officials such as H. R. Haldeman, Charles Colson, Dwight Chapin, and others. The report justifies the decision not to interview Haldeman because the FBI had no information that Haldeman had any knowledge of, or involvement in, the burglary itself.
bullet “Alleged attempt on part of Department of Justice officials to limit, contain, or obstruct FBI investigation.” The report is particularly critical of Kleindienst’s concealment of his contact with Liddy about the burglary (see June 17, 1972).
bullet “Alleged attempt by CIA officials to interfere, contain, or impede FBI Watergate investigation.” The report notes that during the Senate Watergate Committee hearings, Republican co-chairman Howard Baker (R-TN) tried repeatedly to assert that the CIA was behind the burglary. The report calls Baker’s theory “intriguing” but says no evidence of CIA involvement on any operational level was ever found. The report notes that there is still no explanation for the discussions regarding the CIA paying the burglars (see June 26-29, 1972), or the CIA’s involvement with Hunt before the burglary—loaning him cameras, providing him with materials for a disguise, and helping Hunt get film from the first burglary developed. According to the report, Gray stopped the FBI from pursuing these leads. The FBI report says that the CIA involvement apparently had nothing to do with the Watergate burglary, but was more in support of Hunt’s activities with the Ellsberg break-in (see September 9, 1971).
bullet “Alleged activities on part of White House officials to limit, contain, or obstruct FBI Watergate investigation (Dean, Haldeman, Ehrlichman, Colson, et cetera).” The report notes, “There is absolutely no question but that the president’s most senior associates at the White House conspired with great success for nine months to obstruct our investigation.” The report says it was “common knowledge” throughout the investigation that the White House was paying only “lip service” to investigators’ requests for honest, complete answers; the report cites Dean as a specific offender. (O.T. Jacobson 7/5/1974 pdf file)

E. Howard Hunt.E. Howard Hunt. [Source: Michael Brennan / Corbis]Convicted Watergate burglar and former CIA operative E. Howard Hunt (see 2:30 a.m.June 17, 1972) denies that his requests for money from the Nixon White House ever amounted to blackmail or “hush money” (see Mid-November, 1972 and January 8-9, 1973). Writing in Harper’s magazine, Hunt says his situation was comparable to a CIA agent caught and incarcerated in a foreign country. Those agents, he says, are entitled to expect that the government will financially support their families and continue to pay their salaries until the agents are released.
Comparisons to CIA Agents Captured by Foreign Governments - He compares himself to American pilot Francis Gary Powers, whose U-2 surveillance plane was shot down over the Soviet Union during the Eisenhower administration, and who was financially supported by the government until his release. Another agent, John Downey, was kept prisoner for 20 years by China; when he returned, Hunt notes, he was paid twenty years’ worth of back salary. Hunt says that his situation is no different, and that not only was his efforts to secure large sums of cash from the Nixon administration understandable in the context of these captured intelligence agents, but something that should have been expected and handled without comment. “It was this time-honored understanding that for a time buoyed the hopes of the seven men who were indicted—and in two cases tried—for surreptitious entry into Democratic National Headquarters at the Watergate,” he writes. “That their attorneys’ fees were partially paid, that family living allowances were provided—and that these support funds were delivered by clandestine means—was to be expected.”
Dropoff of White House Support - He names then-Nixon campaign chairman John Mitchell, Mitchell’s deputy Jeb Magruder, and then-White House counsel John Dean as the “official sponsors of their project.” The fact that the White House and the CIA paid on Hunt’s demands “clearly indicates,” Hunt claims, “a perception on the Haldeman-Ehrlichman level of the appropriateness of clandestine support.” (H. R. Haldeman and John Ehrlichman were then-President Nixon’s top aides and closest confidantes.) It is only because “[a]s time passed, however, the burden of providing moneys was assumed by less sophisticated personnel” that Hunt’s “urgent requests for overdue support began to be interpreted as threats, i.e. ‘blackmail.’” He says that Dean and perhaps Nixon “misconstrued” the situation. Since there was no question that the “Watergate Seven” would be granted immunity from prosecution, “there was no question of buying silence, of suppressing the truth with ‘hush money.’” He concludes: “The Watergate Seven understood the tradition of clandestine support. Tragically for the nation, not all the president’s men were equally aware.” (Hunt 10/1974)
Conflict with Other Versions of Events - Hunt’s reconstruction of events directly clashes with others’ recollections and interpretations, as well as the facts themselves (see June 20-21, 1972, June 26-29, 1972, June 29, 1972, July 7, 1972, July 25, 1972, August 29, 1972, December 8, 1972, January 10, 1973, January 10, 1973, March 13, 1973, March 21, 1973, March 21, 1973, and July 5, 1974).

In his Watergate interview with former President Richard Nixon (see Early 1976 and April 13-15, 1977), David Frost continues from his earlier questioning about Nixon’s involvement in the Watergate conspiracy (see April 13, 1977) to the events of March 21, 1973 (see March 21, 1973). Now that Nixon’s status as a co-conspirator from the outset has been established, Frost wants to know why Nixon claims not to have known about the illegal aspects of the cover-up, or about the blackmail demands of Watergate burglar E. Howard Hunt, until this date. Nixon is cautious, claiming only that he learned of Hunt’s blackmail demands on March 21, and refusing to acknowledge that he knew anything about the $400,000 in payouts during the eight months preceding (see June 20-21, 1972).
Springing the Trap - Frost circles back, hoping for a flat confirmation: “So March 21 was the first day you learned about an illegal cover-up?” Nixon carefully says that March 21 was the day he learned of the “full import” of the cover-up, only having heard “smatterings” beforehand and being reassured by then-White House counsel John Dean that no White House personnel were involved. Frost springs his trap: “In that case, why did you say in such strong terms to [White House aide Charles] Colson on February 14, more than a month before, ‘The cover-up is the main ingredient, that’s where we gotta cut our losses. My losses are to be cut. The president’s losses got to be cut on the cover-up deal’” (see February 14, 1973). Nixon’s face betrays his shock. “Why did I say that?” he asks rhetorically, trying to gather himself. He fishes around for excuses, quickly settling on media reports at the time that tossed around charges of conspiracies, “hush money” payouts, and promises of executive clemency. That’s all he was referring to in the February 14 conversation, he says: the cover-up itself had to be avoided at all costs. Frost researcher James Reston, Jr. later writes, “It was an exquisite lie, a superb time warp.”
Error Goes Unnoticed - Only later do Reston and other research team members realize that no such stories had appeared in the media by February 14; in fact, allegations of a cover-up never made it into print until after burglar James McCord wrote his letter to Judge John Sirica on March 19 warning the judge of involvement of “higher-ups” in a conspiracy of silence (see March 19-23, 1973). No one had written publicly of any executive clemency deals until the subject was broached during the Senate Watergate investigative hearings (see February 7, 1973). But few of the millions who will see the interview will have the grasp of the chronology of events necessary to realize the extent of Nixon’s dishonesty.
Second Colson Bombshell - Frost reminds Nixon of his conversation with Colson of February 13 (see February 13, 1973), the day before, when they had discussed which Nixon official will have to take the fall for Watergate. Former campaign director John Mitchell couldn’t do it, the conversation went, but Nixon wants to know about Mitchell’s former deputy, Jeb Magruder. “He’s perjured himself, hasn’t he?” Nixon asked Colson. Frost asks Nixon, “So you knew about Magruder’s perjury as early as February the thirteenth?” Nixon bobs and weaves, talking about events from the year before, how Mitchell and Colson hated each other, how Colson and Ehrlichman hated each other. Frost brings Nixon back on point by reading another quote from the February 13 conversation, where Nixon says that “the problem” will come up if “one of the seven [indicted Watergate burglars] begins to talk…” Frost asks, “Now, in that remark, it seems to be that someone running the cover-up couldn’t have expressed it more clearly than that, could he?” Frost wants to know precisely what the phrase “one of the seven begins to talk” means. Nixon argues, but Frost refuses to be distracted. How can it mean anything else except “some sort of conspiracy to stop Hunt from talking about something damaging?” Frost asks. Nixon retorts, “You could state your conclusion, and I’ve stated my views.”
Nixon's Own Words Prove Knowledge, Complicity - Frost proceeds to pepper Nixon with his own quotes proving his knowledge and complicity, nine of them, a barrage that leaves Nixon nearly breathless. Nixon finally accuses Frost of taking his words out of context. Frost’s final quote is from an April 21 meeting where Nixon told aides John Dean and H. R. Haldeman, “Christ, just turn over any cash we got.” (Reston 2007, pp. 126-134) After the taping, Nixon asks his aides about the Colson transcripts: “What was that tape? I’m sure I never heard that tape before. Find out about that tape.” (Time 5/9/1977)


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