!! History Commons Alert, Exciting News

Context of 'August 1-2, 1974: Nixon Aides Attempt to Engineer Pardon Deal from Ford'

This is a scalable context timeline. It contains events related to the event August 1-2, 1974: Nixon Aides Attempt to Engineer Pardon Deal from Ford. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Amendments to the federal Hatch Act of 1939, also known as the Clean Politics Act, set limits of $5,000 per year on individual contributions to a federal candidate or political committee. However, they do not prohibit donations from the same individual to multiple committees all working for the same candidate. The restrictions apply to primary elections as well as federal elections. Additionally, they bar contributions to federal candidates from individuals and businesses working for the federal government. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file]

Entity Tags: Hatch Act of 1939

Timeline Tags: Civil Liberties

For the first time, the clerk of the US House of Representatives does his duty under the law and collects campaign finance reports, as mandated by the 1925 Federal Corrupt Practices Act (see 1925). W. Pat Jennings, a former congressman, turns in a list of violators to the US Department of Justice. Jennings’s list is ignored. [Center for Responsive Politics, 2002 pdf file]

Entity Tags: US Department of Justice, US House of Representatives, Federal Corrupt Practices Act, W. Pat Jennings

Timeline Tags: Civil Liberties

Roger Ailes, the senior media consultant for the Nixon administration (see 1968), writes, or helps write, a secret memo for President Nixon and fellow Republicans outlining a plan for conservatives to “infiltrate and neutralize” the mainstream American media. The document will not be released until 2011; experts will call it the “intellectual forerunner” to Fox News, which Ailes will launch as a “fair and balanced” news network in 1996 (see October 7, 1996). John Cook, the editor of the online news and commentary magazine Gawker, will call the document the outline of a “nakedly partisan… plot by Ailes and other Nixon aides to circumvent the ‘prejudices of network news’ and deliver ‘pro-administration’ stories to heartland television viewers.” The document is entitled “A Plan for Putting the GOP on TV News.” Ailes, currently the owner of REA Productions and Ailes Communications Inc., works for the Nixon White House as a media consultant; he will serve the same function for President George H.W. Bush during his term. Ailes is a forceful advocate for using television to shape the message of the Nixon administration and of Republican policies in general. He frequently suggests launching elaborately staged events to entice favorable coverage from television reporters, and uses his contacts at the news networks to head off negative publicity. Ailes writes that the Nixon White House should run a partisan, pro-Republican media operation—essentially a self-contained news production organization—out of the White House itself. He complains that the “liberal media” “censors” the news to portray Nixon and his administration in a negative light. Cook will say the plan “reads today like a detailed precis for a Fox News prototype.” The initial idea may have originated with Nixon chief of staff H.R. Haldeman, but if so, Ailes expands and details the plan far beyond Haldeman’s initial seed of an idea. [Roger Ailes, 1970; Gawker, 6/30/2011] In 2011, Rolling Stone journalist Tim Dickinson will write: “This is an astounding find. It underscores Ailes’s early preoccupation with providing the GOP with a way to do an end run around skeptical journalists.” [Rolling Stone, 7/1/2011]
Focus on Television - Ailes insists that any such media plan should focus on television and not print. Americans are “lazy,” he writes, and want their thinking done for them: “Today television news is watched more often than people read newspapers, than people listen to the radio, than people read or gather any other form of communication. The reason: People are lazy. With television you just sit—watch—listen. The thinking is done for you.” Ailes says the Nixon administration should create its own news network “to provide pro-administration, videotape, hard news actualities to the major cities of the United States.” Other television news outlets such as NBC News, ABC News, CBS News, and PBS News, are “the enemy,” he writes, and suggests going around them by creating packaged, edited news stories and interviews directly to local television stations. (Years later, these kinds of “news reports” will be called “video news releases,” or VNRs, and will routinely be used by the George W. Bush administration and others—see March 15, 2004, May 19, 2004, March 2005, and March 13, 2005. They will be outlawed in 2005—see May 2005.) “This is a plan that places news of importance to localities (senators and representatives are newsmakers of importance to their localities) on local television news programs while it is still news. It avoids the censorship, the priorities, and the prejudices of network news selectors and disseminators.” Ailes and his colleagues include detailed cost analyses and production plans for such news releases. In a side note on the document, Ailes writes: “Basically a very good idea. It should be expanded to include other members of the administration such as cabinet involved in activity with regional or local interest. Also could involve GOP governors when in DC. Who would purchase equipment and run operation—White House? RNC [Republican National Committee]? Congressional caucus? Will get some flap about news management.”
Dirty Tricks - Ailes suggests planting “volunteers” within the Wallace campaign, referring to segregationist George Wallace (D-AL), whose third-party candidacy in 1968 almost cost Nixon the presidency. Ailes knows Wallace is planning a 1972 run as well, and is apparently suggesting a “mole” to either gather intelligence, carry out sabotage, or both. (Wallace’s plans for another run will be cut short by an assassination attempt—see May 15, 1972.) Ailes also suggests having his firm film interviews with Democrats who support Nixon’s Vietnam policies, such as Senators John Stennis (D-MS) and John McClellan (D-AR). Though Stennis and McClellan would believe that the interviews were for actual news shows, they would actually be carried out by Ailes operatives and financed by a Nixon campaign front group, the “Tell it to Hanoi Committee.” In June 1970, someone in the Nixon administration scuttles the plan, writing: “[T]he fact that this presentation is White House directed, unbeknownst to the Democrats on the show, presents the possibility of a leak that could severely embarrass the White House and damage significantly its already precarious relationship with the Congress. Should two powerful factors like Stennis and McClellan discover they are dupes for the administration the scandal could damage the White House for a long time to come.”
Volunteers to Head Program - Ailes writes that he wants to head any such “news network,” telling Haldeman: “Bob—if you decide to go ahead we would as a production company like to bid on packaging the entire project. I know what has to be done and we could test the feasibility for 90 days without making a commitment beyond that point.” Haldeman will grant Ailes’s request in November 1970, and will give the project a name: “Capitol News Service.” Haldeman will write: “With regard to the news programming effort as proposed last summer, Ailes feels this is a good idea and that we should be going ahead with it. Haldeman suggested the name ‘Capitol News Service’ and Ailes will probably be doing more work in this area.” Documents fail to show whether the “Capitol News Service” is ever actually implemented. [Roger Ailes, 1970; Gawker, 6/30/2011]
Television News Incorporated - Ailes will be fired from the Nixon administration in 1971; he will go on to start a similar private concern, “Television News Incorporated” (TVN—see 1971-1975), an ideological and practical predecessor to Fox News. Dickinson will write: “More important, [the document] links the plot to create what would become Television News Incorporated—the Ailes-helmed ‘fair and balanced’ mid-1970s precursor to Fox News—to the Nixon White House itself.” [Gawker, 6/30/2011; Rolling Stone, 7/1/2011] A former business colleague of Ailes’s will say in 2011: “Everything Roger wanted to do when he started out in politics, he’s now doing 24/7 with his network [Fox News]. It’s come full circle.” [Rolling Stone, 5/25/2011]

Entity Tags: John Cook, George C. Wallace, Fox News, Bush administration (43), Ailes Communications, H.R. Haldeman, George Herbert Walker Bush, Tim Dickinson, Television News Incorporated, Tell it to Hanoi Committee, REA Productions, John Stennis, John Little McClellan, Nixon administration, Roger Ailes

Timeline Tags: Domestic Propaganda

President Nixon approves the “Huston Plan” for greatly expanding domestic intelligence-gathering by the FBI, CIA and other agencies. Four days later he rescinds his approval. [Washington Post, 2008] Nixon aide Tom Charles Huston comes up with the plan, which involves authorizing the CIA, FBI, NSA, and military intelligence agencies to escalate their electronic surveillance of “domestic security threats” in the face of supposed threats from Communist-led youth agitators and antiwar groups (see June 5, 1970). The plan would also authorize the surreptitious reading of private mail, lift restrictions against surreptitious entries or break-ins to gather information, plant informants on college campuses, and create a new, White House-based “Interagency Group on Domestic Intelligence and Internal Security.” Huston’s Top Secret memo warns that parts of the plan are “clearly illegal.” Nixon approves the plan, but rejects one element—that he personally authorize any break-ins. Nixon orders that all information and operations to be undertaken under the new plan be channeled through his chief of staff, H. R. Haldeman, with Nixon deliberately being left out of the loop. The first operations to be undertaken are using the Internal Revenue Service to harass left-wing think tanks and charitable organizations such as the Brookings Institution and the Ford Foundation. Huston writes that “[m]aking sensitive political inquiries at the IRS is about as safe a procedure as trusting a whore,” since the administration has no “reliable political friends at IRS.” He adds, “We won’t be in control of the government and in a position of effective leverage until such time as we have complete and total control of the top three slots of the IRS.” Huston suggests breaking into the Brookings Institute to find “the classified material which they have stashed over there,” adding: “There are a number of ways we could handle this. There are risks in all of them, of course; but there are also risks in allowing a government-in-exile to grow increasingly arrogant and powerful as each day goes by.” [Reeves, 2001, pp. 235-236] In 2007, author James Reston Jr. will call the Huston plan “arguably the most anti-democratic document in American history… a blueprint to undermine the fundamental right of dissent and free speech in America.” [Reston, 2007, pp. 102]

Entity Tags: US Department of Defense, National Security Agency, Richard M. Nixon, Brookings Institution, Central Intelligence Agency, Federal Bureau of Investigation, Ford Foundation, Internal Revenue Service, Tom Charles Huston, James Reston, Jr

Timeline Tags: Civil Liberties, Nixon and Watergate

Book cover of the Pentagon Papers.Book cover of the Pentagon Papers. [Source: Daniel Ellsberg]The New York Times receives a huge amount of secret Defense Department documents and memos that document the covert military and intelligence operations waged by previous administrations in Vietnam (see January 15, 1969). The documents are leaked by Daniel Ellsberg, a former Defense Department official who worked in counterintelligence and later for the RAND Corporation while remaining an active consultant to the government on Vietnam. Ellsberg, a former aide to Secretary of State and National Security Adviser Henry Kissinger and a member of the task force that produced the Defense Department documents, has, over his tenure as a senior government official, become increasingly disillusioned with the actions of the US in Vietnam. [Herda, 1994] The documents are given to Times reporter Neil Sheehan by Ellsberg (see May 1969). [Bernstein and Woodward, 1974, pp. 313]
Ellsberg Tried to Interest Senators - After he and his friend Anthony Russo had copied the documents (see September 29, 1969), Ellsberg had spent months attempting to persuade several antiwar senators, including William Fulbright (D-AR), Charles Mathias Jr (R-MD), George McGovern (D-SD), and Paul “Pete” McCloskey (R-CA), to enter the study into the public record, all to no avail. But McGovern suggested that Ellsberg provide copies of the documents either to the New York Times or the Washington Post. Ellsberg knew Sheehan in Vietnam, and decided that the Times reporter was his best chance for making the documents public. [Reeves, 2001, pp. 333; Moran, 2007] Ellsberg originally gave copies of the documents—later dubbed the “Pentagon Papers”—to Phil Geyelin of the Washington Post, but the Post’s Katherine Graham and Ben Bradlee decided not to publish any of the documents. Ellsberg then gave a copy to Sheehan.
Documents Prove White House Deceptions - The documents include information that showed former President Dwight D. Eisenhower had made a secret commitment to help the French defeat the insurgents in Vietnam. They also show that Eisenhower’s successor, John F. Kennedy, had used a secret “provocation strategy” to escalate the US’s presence into a full-blown war that eventually led to the infamous Gulf of Tonkin incident. The documents also show that Kennedy’s successor, Lyndon Johnson, had planned from the outset of his presidency to expand the war [Spartacus Schoolnet, 8/2007] , and show how Johnson secretly paved the way for combat troops to be sent to Vietnam, how he had refused to consult Congress before committing both ground and air forces to war, and how he had secretly, and illegally, shifted government funds from other areas to fund the war. Finally, the documents prove that all three presidents had broken Constitutional law in bypassing Congress and sending troops to wage war in Vietnam on their own authority. [Herda, 1994]
Times Publishes Against Legal Advice - The Times will begin publishing them in mid-June 1971 (see June 13, 1971) after putting Sheehan and several other reporters up in the New York Hilton to sift through the mountain of photocopies and the senior editors, publishers, and lawyers argued whether or not to publish such a highly classified set of documents. The management will decide, against the advice of its lawyers, to publish articles based on the documents as well as excerpts from the documents themselves. [Moran, 2007]

Entity Tags: Paul McCloskey, Washington Post, Phil Geyelin, RAND Corporation, New York Times, Johnson administration, Kennedy administration, Charles Mathias, Jr, Ben Bradlee, Anthony Russo, Neil Sheehan, Daniel Ellsberg, Henry A. Kissinger, George S. McGovern, Katharine Graham, J. William Fulbright, US Department of Defense

Timeline Tags: Nixon and Watergate

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. [Harper's, 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. [Harper's, 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.” [Harper's, 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]

Entity Tags: ’Plumbers’, Dita Beard, Central Intelligence Agency, E. Howard Hunt, Daniel Ellsberg, Richard M. Nixon, Egil Krogh, Henry A. Kissinger, Eugenio Martinez, Lewis Fielding, Felipe de Diego, Federal Bureau of Investigation, G. Gordon Liddy, Fidel Alejandro Castro Ruz

Timeline Tags: Nixon and Watergate

The massive Federal Election Campaign Act (FECA) is signed into law by President Nixon. (The law is commonly thought of in the context of 1971, when Congress passed it, but Nixon did not sign it into law for several months.) The law is sparked by a rising tide of anger among the public, frustrated by the Vietnam War and the variety of movements agitating for change. The campaign watchdog organization Common Cause sued both the Democratic and Republican National Committees for violating the Federal Corrupt Practices Act (FCPA—see 1925), and though it lost the suit, it exposed the flaws and limitations of the law to the public. Common Cause then led a push to improve campaign finance legislation, aided by the many newly elected and reform-minded members of Congress. FECA repeals the toothless FCPA and creates a comprehensive framework for the regulation of federal campaign financing, from primaries and runoffs to conventions and general elections. The law requires full and timely disclosure of donations and expenditures, and provides broad definitions of both. It sets limits on media advertising as well as on contributions from candidates and their family members. The law permits unions and corporations to solicit voluntary contributions from members, employees, and stockholders, and allows union and corporate treasury money to be used for operating expenses for political action committees (PACs) or for voter drives and the like. It bans patronage or the promise of patronage, and bans contracts between a candidate and any federal department or agency. It establishes strict caps on the amounts individuals can contribute to their own campaigns—$50,000 for presidential and vice-presidential candidates, $35,000 for Senate candidates, and $25,000 for House candidates. It establishes a cap on television advertising at 10 cents per voter in the last election, or $50,000, whichever is higher. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Federal Election Commission, 4/2008 pdf file] The difference before and after FECA is evident. Congressional campaign spending reportage from 1968 claimed only $8.5 million, while in 1972, Congressional campaign spending reports will soar to $88.9 million. [Federal Elections Commission, 1998]

Entity Tags: Richard M. Nixon, Federal Corrupt Practices Act, Federal Election Campaign Act of 1972, Common Cause

Timeline Tags: Civil Liberties

President Nixon’s personal lawyer, Herbert Kalmbach, delivers over $900,000 in secret campaign contributions to the Committee to Re-elect the President (CREEP). He has collected the money on Nixon’s orders, passing along Nixon’s instructions to donors, one of which is “Anybody who wants to be an ambassador must give at least $250,000.” In total, CREEP collects nearly $20 million, $2 million in cash. CREEP reports none of this money—and because the new campaign finance laws do not go into effect until April 7, the organization is not legally bound to declare it until that time. Some of the contributors are executives and corporations in trouble with the IRS or the Justice Department. Some are Democrats openly contributing to Democratic candidates and hedging their bets with contributions to Nixon and other Republicans. Much of the money is “laundered” through Mexican and Venezuelan banks. “Plumber” G. Gordon Liddy moves $114,000 through fellow “Plumber” Bernard Barker’s Miami bank accounts (see April-June 1972 and June 21, 1972). More money resides in safety deposit boxes in New York, Los Angeles, Washington, and Miami. “Plumber” E. Howard Hunt uses money from the campaign fund to recruit dozens of young men and women to spy on Democratic campaigns and report back to CREEP. [Reeves, 2001, pp. 462-463]

Entity Tags: Committee to Re-elect the President, Bernard Barker, Richard M. Nixon, Herbert Kalmbach, G. Gordon Liddy, E. Howard Hunt

Timeline Tags: Nixon and Watergate

In the case of Pipefitters Local Union No. 562 et al v. US, the Supreme Court overturns a criminal conviction of the Pipefitters Union for violating the Smith-Connally Act (see June 25, 1943) and the Federal Corrupt Practices Act (FCPA—see 1925). That law bans labor unions from contributing to political campaigns, and Pipefitters Union officials had administered a political action committee (see 1944). The Court, citing the newly passed Federal Election Campaign Act (FECA—see February 7, 1972), overturns the conviction, ruling that FECA “plainly permits union officials to establish, administer, and solicit contributions for a political fund.” The decision is later codified by the amendments to the law (see 1974). [Campaign Finance Timeline, 1999; US Supreme Court Center, 2012]

Entity Tags: Pipefitters Union, US Supreme Court, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

In his conversation with chief of staff H. R. Haldeman about White House counsel John Dean’s phony “Dean Report,” which will say that no one in the White House was involved in the Watergate conspiracy (see March 22, 1973), President Nixon says: “[The report] should lay a few things to rest. I didn’t do this, I didn’t do that, da-da, da-da, da-da, da-da, da-da, da-da, da-da. Haldeman didn’t do this. Ehrlichman didn’t do that. Colson didn’t do that. See?” [Reston, 2007, pp. 42-43]

Entity Tags: Richard M. Nixon, John Dean, John Ehrlichman, Charles Colson, H.R. Haldeman

Timeline Tags: Nixon and Watergate

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). [Washington Post, 5/1/1973]

Entity Tags: John Dean, H.R. Haldeman, Nixon administration, Richard M. Nixon, John Ehrlichman

Timeline Tags: Nixon and Watergate

At Camp David, White House press secretary Ron Ziegler tells White House Chief of Staff H. R. Haldeman that President Nixon is considering resigning. Haldeman replies: “That’s not going to happen. He’s just steeling himself to meet with us (see April 24, 1973). He’s creating a big crisis he can’t meet, so that he can meet the lesser crisis of dealing with us.” When the two meet with Nixon, Haldeman is shocked at how bad Nixon looks. Standing on the porch of the Aspen Lodge, Nixon, looking at the spring foliage, says, “I have to enjoy this because I may not be alive much longer.” Nixon says he prayed last night not to wake up this morning. A horrified Haldeman tries to reassure Nixon that he accepts Nixon’s decision to ask for his resignation. “What you have to remember,” he says, “is that nothing that has happened in the Watergate mess has changed your mandate in the non-Watergate areas. That is what matters. That is what you do best.” Nixon then meets with White House aide John Ehrlichman and tells Ehrlichman the same thing he told Haldeman—that he prayed not to wake up in the morning. “Don’t think like that,” Ehrlichman says. Nixon begins to cry. “This is like cutting off my arms,” he says. “You and Bob, you’ll need money. I have some—Bebe [Rebozo, Nixon’s millionaire friend] has it—and you can have it.” Ehrlichman replies: “That would just make things worse. You can do one thing for me, though, sometime. Just explain all of this to my kids, will you?” When Ehrlichman leaves, Ziegler joins Nixon in the lodge and Nixon says, “It’s all over, Ron, do you know that?” Ziegler knows Nixon means his presidency. Later, Nixon tells his speech writer, Ray Price, who is working on Nixon’s announcement of the resignations of Haldeman and Ehrlichman (see April 30, 1973): “Maybe I should resign, Ray. If you think so just put it in” the speech. Nixon walks towards the swimming pool, and Price stays close behind him, fearing that Nixon might attempt to drown himself. [Reeves, 2001, pp. 600-602]

Entity Tags: H.R. Haldeman, Charles ‘Bebe’ Rebozo, Richard M. Nixon, Ron Ziegler, Ray Price, John Ehrlichman

Timeline Tags: Nixon and Watergate

Washington Post headline from Dean story.Washington Post headline from Dean story. [Source: Washington Post]Former White House counsel John Dean has told Watergate investigators that he discussed the Watergate cover-up with President Nixon at least 35 times [Gerald R. Ford Library and Museum, 7/3/2007] between January and April of 1973, according to sources quoted by the Washington Post. Dean plans on testifying to his assertions in the Senate Watergate hearings (see May 17-18, 1973), whether or not he is granted immunity from prosecution. He will also allege that Nixon himself is deeply involved with the Watergate cover-up. Nixon had prior knowledge of payments used to buy the silence of various Watergate conspirators, and knew of offers of executive clemency for the conspirators issued in his name. Dean has little solid evidence besides his own personal knowledge of events inside the White House.
Haldeman, Ehrlichman, Nixon Central Figures in Cover-Up - Dean will testify that two of Nixon’s closest aides, H. R. Haldeman and John Ehrlichman (see April 30, 1973), were also present at many of the meetings where the cover-up was discussed in Nixon’s presence. The White House, and Haldeman and Ehrlichman, have tried to portray Dean as the central figure in the Watergate conspiracy, and the Justice Department says there is ample evidence to indict Dean for a number of crimes related to the cover-up. Dean and his supporters paint Dean as a White House loyalist who merely did what he was told, until he began agonizing over the effect Watergate was having on Nixon. Dean alleges that Nixon asked him how much the seven Watergate defendants (see June 17, 1972) would have to be paid to ensure their silence, aside from the $460,000 already paid out; when Dean replied that the cost would be around $1 million, Nixon allegedly replied that such a payoff would be no problem. Dean has told investigators that later Nixon insisted he had been merely “joking” about the payoff. Dean says by that time—March 26—Nixon knew that Dean would be cooperating with the Watergate investigation, and that he believes Nixon was trying to retract the statement for his own legal well-being.
Pressured to Confess - Dean has also testified that Nixon tried to force him to sign a letter of resignation that would have amounted to a confession that Dean had directed the Watergate cover-up without the knowledge of Nixon, Haldeman, or Ehrlichman. When Dean refused to sign, he says, Nixon warned him “in the strongest terms” never to reveal the Nixon administration’s covert activities and plans. Dean also says that Nixon personally directed the White House’s efforts to counterattack the press over Watergate (see October 16-November, 1972). Until January 1, Dean has told investigators, he usually reported to Haldeman and Ehrlichman regarding his Watergate-related activities, but after that date Nixon began taking more of an active role in dealing with Dean, and gave Dean direct orders on handling the cover-up.
Reliable Witness - Dean has so far met eight times with the Watergate prosecutors, and twice with the chief legal counsel of the Senate Watergate committee, Samuel Dash. Dash and the prosecutors find Dean a compelling and believable witness. “[E]verything we have gotten from Dean that we were able to check out has turned out to be accurate,” says one Justice Department source. Dean says he tried without success to obtain records that would support his allegations in his final days in the White House, and believes that many of those records may have been destroyed by now. Dean did manage to remove some secret documents before his firing, documents that prompted Nixon to recently admit to “covert activities” surrounding Watergate. Dean’s information has already led to the revelation of the burglary of the office of Pentagon Papers leaker Daniel Ellsberg (see September 9, 1971), and to the resignation of FBI director L. Patrick Gray after Gray was found to have destroyed evidence taken from the safe of Watergate burglar E. Howard Hunt (see June 28, 1972). [Washington Post, 6/3/1973]

Entity Tags: L. Patrick Gray, E. Howard Hunt, Daniel Ellsberg, H.R. Haldeman, John Ehrlichman, Samuel Dash, Washington Post, Richard M. Nixon, Senate Watergate Investigative Committee, Nixon administration, John Dean

Timeline Tags: Nixon and Watergate

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]

Entity Tags: John Sirica, John Dean, Richard M. Nixon, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

Comedian Bill Cosby, one of many on Nixon’s enemies list.Comedian Bill Cosby, one of many on Nixon’s enemies list. [Source: Quixoticals]Former White House counsel John Dean, continuing his testimony before the Senate Watergate Committee (see June 25-29, 1973), provides a sheaf of documents to the committee. Among those is the “Opponents List and Political Enemies Project,” informally called President Nixon’s “enemies list.” The list is actually a set of documents “several inches thick” of names and information about Nixon’s political enemies. It was compiled by a number of administration officials, including Dean, White House aides Charles Colson, Gordon Strachan, and Lyn Nofziger, beginning in 1971. One of the documents from August 16, 1971, has Dean suggesting ways in which “we can use the available federal machinery to screw our political enemies.” Methods proposed included administration manipulation of “grant availability, federal contracts, litigation, prosecution, etc.” The Dean memo was given to then-chief of staff H. R. Haldeman and top White House aide John Ehrlichman for approval. Though Dean testifies that he does not know if the plan was set into motion, subsequent documents submitted to the committee indicate that it was indeed implemented. A condensed list of 20 “White House enemies” was produced by Colson’s office; a larger list included ten Democratic senators, all 12 black House members, over 50 news and television reporters, prominent businessmen, labor leaders, and entertainers, and contributors to the 1972 presidential campaign of Democratic senator Edmund Muskie. The condensed list includes, in priority order:
bullet “1. Arnold M. Picker, United Artists Corp., NY. Top Muskie fund raiser. Success here could be both debilitating and very embarrassing to the Muskie machine. If effort looks promising, both Ruth and David Picker should be programmed and then a follow through with United Artists.”
bullet “2. Alexander E. Barkan, national director of AFL-CIO’s committee on Political Education, Washington D.C.: Without a doubt the most powerful political force programmed against us in 1968 ($10 million, 4.6 million votes, 115 million pamphlets, 176,000 workers—all programmed by Barkan’s COPE—so says Teddy White in The Making of the President 1968). We can expect the same effort this time.”
bullet “3. Ed Guthman, managing editor, Los Angeles Times: Guthman, former Kennedy aide, was a highly sophisticated hatchetman against us in ‘68. It is obvious he is the prime mover behind the current Key Biscayne effort. It is time to give him the message.”
bullet “4. Maxwell Dane, Doyle, Dane and Bernbach, NY: The top Democratic advertising firm—they destroyed Goldwater in ‘64. They should be hit hard starting with Dane.”
bullet “5. Charles Dyson, Dyson-Kissner Corp., NY: Dyson and [Democratic National Committee chairman] Larry O’Brien were close business associates after ‘68. Dyson has huge business holdings and is presently deeply involved in the Businessmen’s Educational Fund which bankrolls a national radio network of five-minute programs—anti-Nixon in character.”
bullet “6. Howard Stein, Dreyfus Corp., NY: Heaviest contributor to [Democratic presidential candidate Eugene] McCarthy in ‘68. If McCarthy goes, will do the same in ‘72. If not, Lindsay or McGovern will receive the funds.”
bullet “7. [US Representative] Allard Lowenstein, Long Island, NY: Guiding force behind the 18-year-old ‘Dump Nixon’ vote campaign.”
bullet “8. Morton Halperin, leading executive at Common Cause: A scandal would be most helpful here.”
bullet “9. Leonard Woodcock, UAW, Detroit, Mich.: No comments necessary.”
bullet “10. S. Sterling Munro Jr., Sen. [Henry Jackson’s aide, Silver Spring, Md: We should give him a try. Positive results would stick a pin in Jackson’s white hat.”
bullet “11. Bernard T. Feld, president, Council for a Livable World: Heavy far left funding. They will program an ‘all court press’ against us in ‘72.”
bullet “12. Sidney Davidoff, New York City, [New York City Mayor John V.] Lindsay’s top personal aide: a first class SOB, wheeler-dealer and suspected bagman. Positive results would really shake the Lindsay camp and Lindsay’s plans to capture youth vote. Davidoff in charge.”
bullet “13. John Conyers, congressman, Detroit: Coming on fast. Emerging as a leading black anti-Nixon spokesman. Has known weakness for white females.”
bullet “14. Samuel M. Lambert, president, National Education Association: Has taken us on vis-a-vis federal aid to parochial schools—a ‘72 issue.” [Facts on File, 6/2003] Committee chairman Sam Ervin (D-NC) is clearly outraged by the list, and particularly by Lambert’s inclusion. He says, “Here is a man listed among the opponents whose only offense is that he believed in the First Amendment and shared Thomas Jefferson’s conviction, as expressed in the Virginia Statute for Religious Freedom, that to compel a man to make contributions of money for the dissemination of religious opinions he disbelieves is sinful and tyrannical. Isn’t that true?” Dean replies, “I cannot disagree with the chairman at all.” [Time, 7/9/1973]
bullet “15. Stewart Rawlings Mott, Mott Associates, NY: Nothing but big money for radic-lib candidates.”
bullet “16. Ronald Dellums, congressman, Calif: Had extensive [Edward M. Kennedy] EMK-Tunney support in his election bid. Success might help in California next year.”
bullet “17. Daniel Schorr, Columbia Broadcasting System, Washington: A real media enemy.”
bullet “18. S. Harrison Dogole, Philadelphia, Pa: President of Globe Security Systems—fourth largest private detective agency in US. Heavy Humphrey [former presidential candidate Hubert Humphrey] contributor. Could program his agency against us.”
bullet “19. [Actor] Paul Newman, Calif: Radic-lib causes. Heavy McCarthy involvement ‘68. Used effectively in nation wide TV commercials. ‘72 involvement certain.”
bullet “20. Mary McGrory, Washington columnist: Daily hate Nixon articles.”
Another “master list” of political enemies prepared by Colson’s office includes Democratic senators Birch Bayh, J. W. Fulbright, Fred R. Harris, Harold Hughes, Edward M. Kennedy, George McGovern, Walter Mondale, Edmund Muskie, Gaylord Nelson, and William Proxmire; House representatives Bella Abzug, William R. Anderson, John Brademas, Father Robert F. Drinan, Robert Kastenmeier, Wright Patman; African-American representatives Shirley Chisholm, William Clay, George Collins, John Conyers, Ronald Dellums, Charles Diggs, Augustus Hawkins, Ralph Metcalfe, Robert N.C. Nix, Parren Mitchell, Charles Rangel, Louis Stokes; and several other politicians, including Lindsay, McCarthy, and George Wallace, the governor of Alabama (see May 15, 1972). The list also includes an array of liberal, civil rights and antiwar organizations, including the Black Panthers, the Brookings Institution, Common Cause, the Farmers Union, the National Economic Council, the National Education Association, the National Welfare Rights Organization, the Southern Christian Leadership Convention; a variety of labor organizations; many reporters, columnists, and other news figures; a short list of celebrities including Bill Cosby, Jane Fonda, Dick Gregory, Steve McQueen, Joe Namath, Gregory Peck, Tony Randall, and Barbra Streisand; and a huge list of businessmen and academics. The documents provide suggestions for avenues of attack against individual listees, including using “income tax discrepancies,” allegations of Communist connections, and other information. [Facts on File, 6/2003] In 1999, Schorr will joke that being on Nixon’s enemies list “changed my life a great deal. It increased my lecture fee, got me invited to lots of very nice dinners. It was so wonderful that one of my colleagues that I will not mention, but a very important man at CBS, said, ‘Why you, Schorr? Why couldn’t it have been me on the enemies list?’” [CNN, 3/27/1999] Schorr does not mention that he was the subject of an FBI investigation because of his listing. [Spartacus Schoolnet, 8/2007]

Entity Tags: Paul Newman, National Welfare Rights Organization, Ralph Metcalfe, Parren Mitchell, Robert F Drinan, National Economic Council, Richard M. Nixon, Morton H. Halperin, Louis Stokes, Mary McGrory, John V. Lindsay, Lawrence O’Brien, Maxwell Dane, Leonard Woodcock, Robert Kastenmeier, Lyn Nofziger, Los Angeles Times, Robert N.C. Nix, Sam Ervin, S. Harrison Dogole, United Auto Workers, Walter Mondale, Tony Randall, William Clay, William R. Anderson, Wright Patman, William Proxmire, Ron Dellums, Stewart Rawlings Mott, Southern Christian Leadership Convention, S. Sterling Munro Jr, John Ehrlichman, Steve McQueen, Samuel M Lambert, Shirley Chisholm, Sidney Davidoff, Senate Watergate Investigative Committee, John Dean, National Education Association, John Brademas, CBS News, Charles Colson, Charles Diggs, Charles Dyson, Charles Rangel, Brookings Institution, Council for a Livable World, Common Cause, Black Panthers, Birch Bayh, Bill Cosby, Allard Lowenstein, Alexander E. Barkan, AFL-CIO, Daniel Schorr, Arnold M. Picker, John Conyers, Augustus Hawkins, Bernard T. Feld, Bella Abzug, Dick Gregory, Barbra Streisand, Edmund Muskie, H.R. Haldeman, Harold Hughes, Gregory Peck, Henry (“Scoop”) Jackson, Jane Fonda, J. William Fulbright, Howard Stein, Gordon Strachan, George S. McGovern, Joe Namath, Edward M. (“Ted”) Kennedy, Eugene McCarthy, Fred R Harris, Gaylord Nelson, George C. Wallace, Hubert H. Humphrey, George Collins, Ed Guthman

Timeline Tags: Nixon and Watergate

’Newsweek’ cover on the revelation of the White House taping system.’Newsweek’ cover on the revelation of the White House taping system. [Source: Ideobook.net]White House aide Alexander Butterfield shocks the Senate Watergate Committee with his revelation of a secret recording system in the White House. Butterfield reveals that since 1971, President Nixon has been recording every conversation and telephone call in the Oval Office. [Gerald R. Ford Library and Museum, 7/3/2007] Butterfield is actually the aide who, at Nixon’s request, had the taping system installed. [Sussman, 1974] He is now the administrator of the Federal Aviation Administration.
Taping System Installed in 1970 at Nixon's Behest - Butterfield says the taping system was installed in the spring or summer of 1970, but corrects his testimony after committee chairman Sam Ervin reads him a letter from Nixon lawyer Fred Buzhardt stating that the first time the system was used was the spring of 1971; Butterfield then says the system was installed at that time (see February 1971). The system was installed and operated by Secret Service agents. Asked why Nixon would have such a system, Butterfield replies, perhaps ingenuously, “There was no doubt in my mind they were installed to record things for posterity, for the Nixon library.” Committee counsel Samuel Dash says the committee will request selected tapes to hear for themselves. Watergate prosecutor Archibald Cox is also expected to request some of the tapes. Dash acknowledges that two other Nixon aides, H. R. Haldeman and Lawrence Higby, were also asked about the existence of the taping system, but both have refused to confirm the existence of the device. [Washington Post, 7/17/1973] Secretary of State Henry Kissinger’s deputy, Alexander Haig, also knew of the taping system, but Kissinger himself did not know. Former White House counsel John Dean suspected that such a system existed. [Bernstein and Woodward, 1974, pp. 331]
'Small Fry' - Butterfield is described by one reporter as a “small fry,” the man responsible for keeping Nixon’s schedule and handling paper flow. On July 13, three committee staff members prepare Butterfield for his public testimony of July 16. They ask whether there is a White House recording system, but are not prepared for Butterfield’s answer, or the ramifications of his admission. Butterfield makes the same admission three days later, in open testimony before the committee and the television cameras, and in more detail. [Houston Chronicle, 6/7/1997] Butterfield explains his reluctance to discuss the recording system by saying, “It is very obvious that this could be—I cannot say that any longer—is embarrassing to our government.” [Washington Post, 7/17/1973]
No Longer Dean's Word Against Nixon's - During preparation, when the staff members ask Butterfield how the White House could have such detailed knowledge of the conversations, Butterfield replies: “I was hoping you guys wouldn’t ask me that.… Well, yes, there’s a recording system in the White House.” Nixon had had five voice-activated microphones placed in his desk in the Oval Office and two in wall lamps by the office fireplace, Butterfield reveals. More were in the Cabinet Room, Nixon’s “hideaway” office in the Old Executive Office Building, and even at Camp David, the presidential retreat. Before Butterfield’s testimony, Nixon and his top legal advisers felt they could duck and deny the worst charges against them. They feel that much of the Watergate imbroglio boils down to Nixon’s word against White House whistleblower John Dean (who had informed the committee that he suspected a recording system existed), and as Haig, who succeeded Haldeman as Nixon’s chief of staff, told Nixon: “Nobody in Congress likes [Dean]. We can take the son of a b_tch on.” Few in the White House know of Nixon’s secret and extensive taping system. Although senior Nixon aide H. R. Haldeman had told the few aides who do know of the system to invoke executive privilege and refuse to discuss it, Haig quietly told at least one aide, his former deputy Lawrence Higby, to “tell the truth” if asked under oath. Nixon’s lawyers had effectively rebutted Dean’s earlier testimony when Buzhardt secretly supplied a sympathetic Senate lawyer with highly detailed, nearly verbatim accounts of Nixon and Dean’s private conversations—accounts drawn from the secret tapes. Haig will later claim to be “shocked” at Butterfield’s revelation, saying, “It never occurred to me that anyone in his right mind would install anything so Orwellian as a system that never shut off, that preserved every word, every joke, every curse, every tantrum, every flight of presidential paranoia, every bit of flattery and bad advice and tattling by his advisers.” In reality, Haig had known of the system for months before Butterfield’s testimony, and had advised Nixon to have the tapes destroyed before the Watergate prosecutors could get their hands on them. [Washington Post, 7/17/1973; Werth, 2006, pp. 81-82] “Without the tapes,” reporter Mike Feinsilber will write in 1997, “it was unlikely Nixon would have had to give up the presidency.” [Houston Chronicle, 6/7/1997] Butterfield was considered so unimportant that, had Washington Post reporters Bob Woodward and Carl Bernstein not pressured committee lawyers to interview him, the committee may not have bothered with him. [Bernstein and Woodward, 1974, pp. 330-331]

Entity Tags: H.R. Haldeman, Mike Feinsilber, John Dean, Alexander M. Haig, Jr., Lawrence Higby, Alexander Butterfield, Fred Buzhardt, Senate Watergate Investigative Committee, Richard M. Nixon, Nixon administration

Timeline Tags: Nixon and Watergate

August 16, 1972 front page of the Washington Post, reporting on Nixon’s address.August 16, 1972 front page of the Washington Post, reporting on Nixon’s address. [Source: Southern Methodist University]President Nixon delivers his second prime-time televised speech about Watergate to the nation. He says that both the Senate investigations have focused more on trying to “implicate the president personally in the illegal activities that took place,” and reminds listeners that he has already taken “full responsibility” for the “abuses [that] occurred during my administration” (see April 30, 1973). But in light of the increasing evidence being revealed about the Watergate conspiracy, Nixon’s speech is later proven to be a compilation of lies, half-truths, justifications, and evasions.
'No Prior Knowledge' - He again insists that “I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent cover-up activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.” He says that in all the Senate testimony, “there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in.” He says only one witness has challenged his statement under oath, referring to former White House counsel John Dean (see April 6-20, 1973) and June 25-29, 1973), and says Dean’s “testimony has been contradicted by every other witness in a position to know the facts.” Instead, says Nixon, he insisted from the outset that the investigation into the Watergate burglary be “thorough and aboveboard,” and if there were any evidence of “higher involvement, we should get the facts out first.” A cover-up would be unconscionable, he says. He again insists that he was told in September 1972 that an FBI investigation, “the most extensive investigation since the assassination of President Kennedy… had established that only those seven (see June 17, 1972) were involved.” Throughout, Nixon says, he relied on the reports of his staff members, Justice Department, and FBI officials, who consistently reassured him that there was no involvement by anyone in the White House in the burglaries. “Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a cover-up. I was convinced there was no cover-up, because I was convinced that no one had anything to cover up.”
Internal Investigation - He didn’t realize that those assurances were wrong until March 21, when he “received new information from [Dean] that led me to conclude that the reports I had been getting for over nine months were not true.” He immediately launched an internal investigation (see August 29, 1972), initially relying on Dean to conduct the investigation, then turning the task over to his senior aide, John Ehrlichman, and to the Attorney General, Richard Kleindienst. The results prompted him to give the case to the Criminal Division of the Justice Department, ordering the complete cooperation of “all members of the administration.” He never tried to hide the facts, Nixon asserts, but instead has consistently tried “to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.”
Refusal to Turn over Tapes; 'Privileged' Communications - Nixon says he is resisting subpoenas to turn over the secret recordings he has had made of White House and other conversations (see July 13-16, 1973) because of “a much more important principle… than what the tapes might prove about Watergate.” A president must be able to talk “openly and candidly with his advisers about issues and individuals” without having those conversations ever made public. These are “privileged” conversations, he says, similar to those between a lawyer and his client or “a priest and a penitent.” The conversations between a president and his advisers, Nixon says, are “even more important.” The conversations on those tapes are “blunt and candid,” made without thought to any future public disclosure, and for future presidents and their advisers to know that their conversations and advice might one day be made public would cripple their ability to talk freely and offer unfettered opinions. “That is why I shall continue to oppose efforts which would set a precedent that would cripple all future presidents by inhibiting conversations between them and those they look to for advice,” he says. “This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle.”
'Hard and Tough' Politics - Watergate has come to encompass more than just a burglary, Nixon says, but has brought up issues of partisan politics, “enemy lists” (see June 27, 1973), and even threats to national security. Nixon has always run “hard and tough” political campaigns, but has never stepped outside the law and “the limits of decency” in doing so. “To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them,” he says. The “few overzealous people” involved in the Watergate burglary should not reflect on his administration or the political process as a whole. He will “ensure that one of the results of Watergate is a new level of political decency and integrity in America—in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.”
Legal Wiretapping to Protect the Nation - The measures he has taken to protect the security of the nation have all been within the law and with the intention of protecting the government from possible subversion and even overthrow, he asserts. The wiretaps he authorized had been legal, he says, until the 1972 decision by the Supreme Court that rejected such wiretaps as unlawful (see June 19, 1972). Until then, Nixon says, he—like his predecessors—had implemented such wiretaps “to protect the national security in the public interest.” Since the Supreme Court decision, he says, he has stopped all such surveillance efforts. But the law must be mindful of “tying the president’s hands in a way that would risk sacrificing our security, and with it all our liberties.” He will continue to “protect the security of this nation… by constitutional means, in ways that will not threaten [American] freedom.”
The Fault of the Radicals - He blames the antiwar and civil rights movements of the 1960s as encouraging “individuals and groups… to take the law into their own hands,” often with the praise and support from the media and even from “some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.” In the wake of this radical, anti-government atmosphere, the country was plagued by “a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.” That attitude permeated political campaigns, to the extent that “some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system… who mistakenly thought their cause justified their violations of the law.”
Looking Forward - It is time to put Watergate behind us, Nixon says, to abandon this “continued, backward-looking obsession with Watergate” and stop “neglect[ing] matters of far greater importance to all of the American people.… The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our nation.” [White House, 8/15/1973; White House, 8/15/1973; White House, 8/15/1973; AMDOCS Documents for the Study of American History, 6/1993; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: US Department of Justice, US Supreme Court, John Dean, Richard Kleindienst, Richard M. Nixon, Federal Bureau of Investigation, John Ehrlichman, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

In the aftermath of the Watergate scandal (see August 8, 1974), amendments to the Federal Election Campaign Act (FECA—see February 7, 1972) provide the option for full public financing for presidential general elections, matching funds for presidential primaries, and public expenditures for presidential nominating conventions. The amendments also set spending limits on presidential primaries and general elections as well as for House and Senate primaries. The amendments give some enforcement provisions to previously enacted spending limits on House and Senate general elections. They set strict spending guidelines: for presidential campaigns, each candidate is limited to $10 million for primaries, $20 million for general elections, and $2 million for nominating conventions; Senatorial candidates are limited to $100,000 or eight cents per eligible voter, whichever is higher, for primaries, and higher limits of $150,000 or 12 cents per voter for general elections; House candidates are limited to $70,000 each for primaries and general elections. Loans are treated as contributions. The amendments create an individual contribution limit of $1,000 to a candidate per election and a PAC (political action committee) contribution limit of $5,000 to a candidate per election (this provision will trigger what the Center for Responsive Politics will call a “PAC boom” in the late 1970s). The total aggregate contributions from an individual are set at $25,000 per year. Candidates face further restrictions on how much personal wealth they can contribute to their own campaign. The 1940 ban on contributions from government employees and contract workers (see 1940) is repealed, as are the 1971 limitations on media spending. Perhaps most importantly, the amendments create the Federal Election Commission (FEC) to oversee and administer campaign law. (Before, enforcement and oversight responsibilities were spread among the Clerk of the House, the Secretary of the Senate, and the Comptroller General of the United States General Accounting Office (GAO), with the Justice Department responsible for prosecuting violators (see 1967).) The FEC is led by a board of six commissioners, with Congress appointing four of those commissioners and the president appointing two more. The Secretary of the Senate and the Clerk of the House are designated nonvoting, exofficio commissioners. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file] Part of the impetus behind the law is the public outrage over the revelations of how disgraced ex-President Nixon’s re-election campaign was funded, with millions of dollars in secret, illegal corporate contributions being funneled into the Nixon campaign. [Campaign Finance Timeline, 1999; Connecticut Network, 2006 pdf file]

Entity Tags: Center for Responsive Politics, Federal Election Campaign Act of 1972, Federal Election Commission, US Department of Justice

Timeline Tags: Civil Liberties

Peter Rodino.Peter Rodino. [Source: Bettmann / Corbis]The House of Representatives authorizes the House Judiciary Committee to begin investigating whether grounds exist to impeach President Nixon. The Judiciary Committee is chaired by Peter Rodino (D-MI). [Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Richard M. Nixon, House Judiciary Committee, Peter Rodino

Timeline Tags: Nixon and Watergate

May 9, 1974: House Begins Impeachment Hearings

The House Judiciary Committee begins impeachment hearings against President Nixon. [Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Richard M. Nixon, House Judiciary Committee

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

Alexander Haig.Alexander Haig. [Source: Brooks Institute]President Richard Nixon`s chief of staff Alexander Haig pays an urgent call on Vice President Gerald Ford to discuss the terms under which Nixon will resign (see August 8, 1974). Haig gives Ford a handwritten list of what White House counsel Fred Buzhardt, the author of the list, calls “permutations for the option of resignation.” The idea is for Nixon to agree to resign in return for Ford’s agreement to pardon Nixon for any crimes Nixon may have committed while president. Ford listens to Haig but does not agree to any terms. The next day, after learning of the meeting, Ford’s own counsel, Robert Hartmann, is outraged that Ford did not just throw Haig out of his office. With fellow counsel John Marsh, Hartmann demands that Ford call Haig and state unequivocally, for the record, and in front of witnesses that Ford has made no such agreements. Haig considers Hartmann essentially incompetent, and Hartmann views Haig as a power-hungry “assh_le.” The subsequent tensions between Haig, one of the Nixon holdovers in Ford’s presidency, and Ford’s staff will shape future events in the Ford administration. In part to counteract Haig’s influence, Ford will name former NATO ambassador and Nixon aide Donald Rumsfeld as the head of his transition team. Rumsfeld will in turn name former Wyoming congressman and current investment executive Dick Cheney as his deputy; Cheney has lectured his clients that Watergate was never a criminal conspiracy, but merely a power struggle between the White House and Congress. [Werth, 2006, pp. 20]

Entity Tags: Richard M. Nixon, Robert Hartmann, Fred Buzhardt, Alexander M. Haig, Jr., Donald Rumsfeld, Richard (“Dick”) Cheney, John Marsh, Gerald Rudolph Ford, Jr

Timeline Tags: Nixon and Watergate

Betty Ford.Betty Ford. [Source: Wally McNamee / Corbis]Despite President Ford’s insistence that he is not considering a pardon for former President Richard Nixon (see September 5-6, 1974), and Ford’s own denials in his 1976 memoir A Time to Heal, Ford tells his lawyer, Robert Hartmann, that he and his wife Betty have decided that if Nixon resigns, Ford will likely pardon him for any Watergate crimes. “We felt we were ready,” Ford tells Hartmann. “This just has to stop; it’s tearing the country to pieces. I decided to go ahead and get it over with, so I called [Nixon’s chief of staff] Al Haig and told them they should do whatever they decided to do; it was all right with me” (see August 1-2, 1974). This is not the last time stories will conflict over Ford’s decision on whether to pardon Nixon (see August 30, 1974 and September 5-6, 1974). [Werth, 2006, pp. 204]

Entity Tags: Richard M. Nixon, Robert Hartmann, Alexander M. Haig, Jr., Betty Ford, Gerald Rudolph Ford, Jr

Timeline Tags: Nixon and Watergate

Nixon chief of staff Alexander Haig has Watergate special prosecutor Leon Jaworski to lunch at Haig’s home. Haig wants to personally inform Jaworski that President Nixon will resign (see August 8, 1974), that Nixon’s papers, and the secret recordings he made while president, will be shipped to his California home, and that Jaworski will have access to those documents as needed. “There’s no hanky-panky involved,” Haig assures Jaworski, but then says: “I don’t mind telling you that I haven’t the slightest doubt that the tapes were screwed with. The ones with the gaps and other problems.” [Werth, 2006, pp. 31]

Entity Tags: Richard M. Nixon, Alexander M. Haig, Jr., Leon Jaworski

Timeline Tags: Nixon and Watergate

August 8, 1974: Nixon Resigns Presidency

Richard Nixon announcing his resignation to the country.Richard Nixon announcing his resignation to the country. [Source: American Rhetoric.com]President Richard Nixon, forced to resign because of the Watergate scandal, begins his last day in office. The morning is marked by “burn sessions” in several rooms of the White House, where aides burn what author Barry Werth calls “potentially troublesome documents” in fireplaces. Nixon’s chief of staff, Alexander Haig, is preparing for the transition in his office, which is overflowing with plastic bags full of shredded documents. Haig says all of the documents are duplicates. Haig presents Nixon with a one-line letter of resignation—“I hereby resign the office of president of the United States”—and Nixon signs it without comment. Haig later describes Nixon as “haggard and ashen,” and recalls, “Nothing of a personal nature was said… By now, there was not much that could be said that we did not already understand.” Nixon gives his resignation speech at 9 p.m. [White House, 8/8/1974; White House, 8/8/1974; American Rhetoric, 2001; Werth, 2006, pp. 3-8] On August 7, Haig told Watergate special prosecutor Leon Jaworski that Congress would certainly pass a resolution halting any legal actions against Nixon. But, watching Nixon’s televised resignation speech, Jaworski thinks, “Not after that speech, Al.” Nixon refuses to accept any responsibility for any of the myriad crimes and illicit actions surrounding Watergate, and merely admits to some “wrong” judgments. Without some expression of remorse and acceptance of responsibility, Jaworski doubts that Congress will do anything to halt any criminal actions against Nixon. [Werth, 2006, pp. 30-31] Instead of accepting responsibility, Nixon tells the nation that he must resign because he no longer has enough support in Congress to remain in office. To leave office before the end of his term “is abhorrent to every instinct in my body,” he says, but “as president, I must put the interests of America first.” Jaworski makes a statement after the resignation speech, declaring that “there has been no agreement or understanding of any sort between the president or his representatives and the special prosecutor relating in any way to the president’s resignation.” Jaworski says that his office “was not asked for any such agreement or understanding and offered none.” [Washington Post, 8/9/1974]

Entity Tags: Nixon administration, Leon Jaworski, Richard M. Nixon, Alexander M. Haig, Jr., Barry Werth

Timeline Tags: Nixon and Watergate

Gerald Ford takes the oath of office.Gerald Ford takes the oath of office. [Source: Gerald R. Ford Presidential Library]Vice President Gerald Ford prepares to take over the presidency from the resigning Richard Nixon (see August 8, 1974). Ford’s transition team suggests that, in line with Ford’s own views, Ford not appoint a chief of staff at this time. “However,” says the team’s memo, “there should be someone who could rapidly and efficiently organize the new staff organization, but who will not be perceived or eager to be chief of staff.” Ford writes “Rumsfeld” in the margin of the memo. Donald Rumsfeld is a former Navy pilot and Nixon aide. Rumsfeld has been the US ambassador to NATO and, thusly, was out of Washington and untainted by Watergate. Rumsfeld harbors presidential ambitions of his own and has little use for a staff position, even such a powerful position as a president’s chief of staff. [Werth, 2006, pp. 7-8] Rumsfeld believes that Ford’s first task is to establish a “legitimate government” as far from the taint of Watergate as possible—a difficult task considering Ford is retaining Secretary of State Henry Kissinger and the rest of the Nixon cabinet, Haig, and virtually the entire White House staff, although plans are for Haig and most of the White House staff to gracefully exit in a month. [Werth, 2006, pp. 21] Shortly after noon, Ford takes the oath of office for the presidency, becoming the first president in US history to enter the White House as an appointed, rather than an elected, official. Ford tells the nation: “My fellow Americans, our long national nightmare is over.… I assume the presidency under extraordinary circumstances.… This is an hour of history that troubles our minds and hurts our hearts.” [Politico, 8/9/2007]

Entity Tags: Henry A. Kissinger, Gerald Rudolph Ford, Jr, North Atlantic Treaty Organization, Alexander M. Haig, Jr., Donald Rumsfeld, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Alexander Haig, President Nixon’s chief of staff, is briefly staying on at the White House to ease the transition into the new, hastily assembled Ford staff. Haig, knowing that President Ford will not consider retaining him in the position, believes that Donald Rumsfeld, the US ambassador to NATO, might be the person Ford needs to head his staff (see August 9, 1974). (Nixon held Rumsfeld in grudging admiration, referring to him as a “ruthless little b_stard,” but had sent him to Europe and NATO headquarters because he did not like Rumsfeld’s obvious ambition.) Although Ford is not sold on having a chief of staff at all, Haig believes Ford needs someone with Rumsfeld’s “strong personality and fine administrat[ive skills]” to help him establish himself. Secretary of State Henry Kissinger, whom Ford is retaining, sees Rumsfeld as, in Kissinger’s words, an exemplar of a “special Washington phenomenon: the skilled full-time politician bureaucrat in whom ambition, ability, and substance fuse seamlessly.” Ford has a good relationship with Rumsfeld, who in the 1960s led an insurgency among House Republicans to replace Minority Leader Charles Halleck with Ford. He views Rumsfeld as something of a maverick, and wants someone not beholden to the entrenched Nixon loyalists remaining in the White House as well as someone with a good relationship with Congressional Republicans. Rumsfeld fits the bill. Rumsfeld, a former Navy pilot, will later write that Ford “had to provide sufficient change to make the transition from what many perceived to be an illegitimate White House and administration to a legitimate administration. It was a bit like climbing into an airplane, at 30,000 feet, going 500 miles an hour, and having to change part of the crew.” [Werth, 2006, pp. 60-61; Unger, 2007, pp. 49-52] (Rumsfeld will, in turn, ask his own former assistant, Dick Cheney, to once again join him as his assistant in the Ford White House—see 1969). Ford’s longtime aide and speech writer Robert Hartmann will be equally blunt in his own recollections: “The Nixon-to-Ford transition was superbly planned. It was not a failure. It just never happened.” [Dubose and Bernstein, 2006, pp. 26]

Entity Tags: Robert Hartmann, Nixon administration, Henry A. Kissinger, Gerald Rudolph Ford, Jr, Donald Rumsfeld, Alexander M. Haig, Jr.

Timeline Tags: Nixon and Watergate

President Ford assigns attorney Benton Becker to find out what the technicalities of a presidential pardon are. Among Ford’s questions: Can a president pardon someone before that person is indicted? Would it stop a conviction if issued after an indictment but before jury deliberations? Does a pardon need to cite specific crimes, or can it be for across-the-board violations of the entire US criminal code? Would it affect charges brought by individual states or communities? In light of some senators’ push for Richard Nixon’s impeachment even though he has already resigned, would it stop an impeachment proceeding? “What does a pardon really mean?” Ford asks Becker. “Am I erasing everything he did, as if it never occurred? Does a pardon erase a criminal act or does it only erase criminal punishment?” [Werth, 2006, pp. 248-249]

Entity Tags: Gerald Rudolph Ford, Jr, Richard M. Nixon, Benton Becker

Timeline Tags: Nixon and Watergate

Researching the legal and technical aspects of presidential pardons (see August 30, 1974), Benton Becker, President Ford’s lawyer, finds that they only apply to federal crimes, meaning, for example, that Richard Nixon can still be prosecuted for crimes in California arising from his connections to the Ellsberg burglary (see September 9, 1971). It would not affect a Senate impeachment trial, even though the possibility of that happening is increasingly remote. Becker finds two legal references of particular use in his research: the 1915 Supreme Court case of United States v. Burdick, which attempted to answer the fundamental question of the meaning of a presidential pardon; and an 1833 quote from the first Chief Justice of the Supreme Court, John Marshall, who wrote, “A pardon is an act of grace… which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.” Becker determines that such an “act of grace” is an implicit admission of guilt. Unlike the proposed conditional amnesty for draft evaders (see August 31, 1974), a pardon will strike convictions from the books and exempt those pardoned from any responsibility for answering for their crimes, but it does not forget (in a legal sense) that those crimes took place. “The pardon is an act of forgiveness,” Becker explains. “We are forgiving you—the president, the executive, the king—is forgiving you for what you’ve done, your illegal act that you’ve either been convicted of, or that you’ve been accused of, or that you’re being investigated for, or that you’re on trial for. And you don’t have to accept this—you can refuse this.” The Burdick decision convinces Becker that by pardoning Nixon, Ford can stop his imminent prosecution, and undoubted conviction, without having to condone Nixon’s crimes. For Nixon to accept a pardon would be, in a legal sense, an admission of criminal wrongdoing. [Werth, 2006, pp. 263-265]

Entity Tags: US Supreme Court, Gerald Rudolph Ford, Jr, Richard M. Nixon, John Marshall, Benton Becker

Timeline Tags: Nixon and Watergate

Richard Nixon’s lawyer, Jack Miller, has prepared a “deed of trust” for Nixon’s presidential documents and tapes. According to the proposal, Nixon and the government will share ownership, and the files will be available for court subpoenas for up to five years. Two keys will be necessary to access the material, with Nixon retaining one and the General Services Administration (GSA) retaining the second. Miller is not sure Nixon will accept the plan, but he presents it to President Ford’s lawyers Benton Becker and Philip Buchen. (Nixon has another reason for wanting to retain control of the documents; his agent, Irv “Swifty” Lazar, is peddling a proposal for his biography to publishers, with an asking price of over $2 million. The documents will be a necessary source for the biography.) Buchen tells Miller that Ford is considering pardoning Nixon (see August 30, 1974). Miller is not sure Nixon wants a pardon, with its implication of guilt (see September 2, 1974). Miller has had trouble discussing Watergate with Nixon, who does not want to discuss it and certainly does not want to admit any guilt or complicity in the conspiracy. Becker says that the entire issue of Nixon’s pardon, and the concurrent question of the Nixon files, has to be resolved quickly. [Werth, 2006, pp. 280-281]

Entity Tags: Richard M. Nixon, Benton Becker, Irv ‘Swifty’ Lazar, General Services Administration, Philip Buchen, Herbert (“Jack”) Miller

Timeline Tags: Nixon and Watergate

President Ford and his lawyer, Benton Becker, discuss pardoning Nixon.President Ford and his lawyer, Benton Becker, discuss pardoning Nixon. [Source: David Hume Kennerly / Getty Images]President Ford authorizes his attorney, Benton Becker, to tell Richard Nixon, “It’s not final, but in all probability a pardon will be forthcoming.” Ford agrees not to seek a decision on Nixon’s presidential files (see September 4, 1974) as a condition for a pardon; however, a statement of contrition (if not an outright admission of guilt) is something Ford and his advisers want from Nixon in return for a pardon. As Becker prepares to leave for California to meet with Nixon and his lawyer, Ford tells Becker to carefully judge Nixon’s physical and mental health. As for the records, Becker will later recall: “We walked out of the office; [Ford] had his hand over my shoulder, he said, ‘I will never, ever give up those records. They belong to the American people. You let President Nixon know that I feel very strongly about this.’” [Werth, 2006, pp. 293] When Becker arrives in San Clemente, he meets with Ron Ziegler, Nixon’s former press secretary, who now serves as Nixon’s personal aide. Ziegler tells Becker, “I can tell you right now that President Nixon will make no statement of admission or complicity in return for a pardon from Jerry Ford.” Becker believes Ziegler was forewarned by Ford’s ad hoc chief of staff, Alexander Haig, who has maintained close contact with the Nixon staff since Nixon’s resignation. Ziegler apparently knows that Ford will not insist on either a document turnover or a statement of contrition in return for a pardon, and is toeing a hard line. Angered by what he considers Haig’s intolerable betrayal of Ford, Becker bluffs Ziegler, turning around and preparing to leave without further discussion. The bluff works; Ziegler and Becker discuss the problem until early in the morning hours. [Werth, 2006, pp. 294-295] By the next morning, Becker has overseen a tentative agreement with Nixon’s lawyer Jack Miller and General Services Administration (GSA) head Arthur Sampson. The agreement will “temporarily” store the documents in a facility near San Clemente, under restricted access requiring both Nixon and a GSA official to access the documents, and Nixon retaining control of who accesses the materials. On September 1, 1979, the agreement reads, Nixon will donate the materials entirely to the federal government. As for the tapes, Nixon retains the right to destroy the tapes after five years, which will be destroyed anyway on September 1, 1989, or on the occasion of Nixon’s death, “whichever event shall first occur.” [Werth, 2006, pp. 297-298]

Entity Tags: Ron Ziegler, Arthur Sampson, General Services Administration, Benton Becker, Gerald Rudolph Ford, Jr, Herbert (“Jack”) Miller, Alexander M. Haig, Jr., Richard M. Nixon

Timeline Tags: Nixon and Watergate

During the careful negotiations over the conditions of Richard Nixon’s possible pardon (see September 5-6, 1974), Nixon aide Ron Ziegler brings up the issue of the “statement of contrition,” and shows Benton Becker, the lawyer negotiating for President Ford, a draft statement. The statement, crafted by a speechwriter, blames the pressures of the office, Nixon’s preoccupation with foreign crises, and his decision to rely on the judgment of his staff, for his alleged involvement. The statement makes no admission of guilt or acceptance of responsibility whatsoever. Such a statement would invite state prosecution of Nixon even if Ford grants him a pardon for federal crimes, Becker notes. Nixon would be better off saying nothing at all than making this statement. A revised statement merely admits that Nixon was guilty of poor judgment. Becker presses for more. A third revision has Nixon admitting that he “can see clearly now that I was wrong in not acting more decisively and more forthrightly in dealing with Watergate, particularly when it reached the stage of judicial proceedings and grew from a political scandal into a national tragedy.” Becker seizes on the word “forthrightly” as an implied admission of contrition and a subtle acceptance of guilt. “The word is a synonym for ‘honestly,’” he will later recall. “That had meaning for me as a former prosecutor, because that meant obstruction of justice.” Ford, contacted by phone about the statement, is not happy with the legal parsing that Becker is trying to stretch into an implied admission of responsibility. Ford will later write, “I was taking one hell of a risk [in pardoning Nixon] and [Nixon] didn’t seem to be responsive at all.” [Werth, 2006, pp. 299-301] Becker finally meets face-to-face with Nixon, who seems to Becker unhealthily aged and almost “freakishly grotesque,” with long, thin arms dangling from the sleeves of his suit. Nixon doesn’t want to discuss Watergate at all, attempting repeatedly to steer the discussion towards football and responding in monosyllables to Becker’s attempts to discuss the details of the forthcoming pardon. After Becker manages to get a grudging, distracted acquiescence from Nixon to the deal, Nixon suddenly turns maudlin. He says Becker has been “a gentleman” towards him, and wants to give him a present. “But look around the office,” he says. “I don’t have anything anymore. They took it all away from me. Everything I had is gone.” Nixon gives Becker the last two bits of presidential memorabilia he owns, taken, he says, “from my personal jewelry box.” They are a presidential tiepin and a pair of presidential seal cufflinks. Nixon is almost in tears, and a distinctly uncomfortable Becker withdraws as graciously as he may. “I just wanted to get the hell out of there,” Becker will later recall. [Werth, 2006, pp. 304-306]

Entity Tags: Ron Ziegler, Benton Becker, Gerald Rudolph Ford, Jr, Richard M. Nixon

Timeline Tags: Nixon and Watergate

September 8, 1974: Ford Pardons Nixon

Ford delivering the televised address in which he announces the pardon of Nixon.Ford delivering the televised address in which he announces the pardon of Nixon. [Source: Gerald R. Ford Library and Museum]At 11:01 a.m., President Ford delivers a statement announcing the pardon of former President Richard Nixon to a bank of television cameras and reporters. He calls Watergate and Nixon’s travails “an American tragedy in which we have all played a part.” He says that to withhold a pardon would subject Nixon, and the country, to a drawn-out legal proceeding that would take a year or more, and “[u]gly passions would again be aroused.” The American people would be even more polarized, and the opinions of foreign nations towards the US would sink even further as the highly public testimonies and possible trial of Nixon played out on television and in the press. It is doubtful that Nixon could ever receive a fair trial, Ford says. But Nixon’s fate is not Ford’s ultimate concern, he says, but the fate of the country. His duty to the “laws of God” outweigh his duty to the Constitution, Ford says, and he must “be true to my own convictions and my own conscience. My conscience tells me clearly and certainly that I cannot continue to prolong the bad dreams that continue to reopen a chapter that is closed.… [O]nly I, as president, have the constitutional power to firmly shut and seal this book.… I do believe with all my heart and mind and spirit that I, not as president, but as a humble servant of God, will receive justice without mercy if I fail to show mercy.” Nixon and his family have “suffered enough,” Ford continues, “and will continue to suffer no matter what I do.” Thereby, Ford proclaims a “full, free and absolute pardon upon Richard Nixon for all offenses against the United States which he… has committed or may have committed or taken part in” duiring his presidency. On camera, Ford signs the pardon document. [Werth, 2006, pp. 320-321]

Entity Tags: Gerald Rudolph Ford, Jr, Richard M. Nixon

Timeline Tags: Nixon and Watergate

The Federal Election Commission (FEC) hands down an “advisory opinion” that, according to the mandates of the newly passed amendments to the Federal Election Campaign Act (FECA—see 1974), allows corporations to spend general funds on solicitation of donations from stockholders and employees. The case stems from an attempt by Sun Oil Corporation to solicit employees, both union and non-union, for contributions to the corporation’s PAC, SUN PAC. The FEC’s advisory opinion, which by law is binding, reads in part, “It is the opinion of the Commission that Sun Oil may spend general treasury funds for solicitation of contributions to SUN PAC from stockholders and employees of the corporation.” The FEC’s reasoning is that the money is to be segregated according to the Supreme Court’s Pipefitters decision (see June 22, 1972), businesses have for years solicited their employees for both political and non-political causes, and FECA says that contributions to a separate segregated fund may not be secured by “job discrimination” or “financial reprisals.” Neither Congress nor the unions are pleased with the ruling. If corporations had been restricted to soliciting only their stockholders, they could have solicited only twice as many individuals as the labor unions, but with the ruling in place, corporations effectively can now solicit virtually the entire workforce of the nation. It is this decision that in part sparks the “PAC boom” among corporate PACs, which sees the number and funding of corporate PACs increase dramatically. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Campaign Act of 1972, SUN PAC, Sun Oil Corporation, Federal Election Commission

Timeline Tags: Civil Liberties

Publicity photo for the Frost/Nixon interviews.Publicity photo for the Frost/Nixon interviews. [Source: London Times]British interviewer and entertainer David Frost makes a deal with former President Richard Nixon to undertake 24 hours of interviews on a wide range of topics, with six hours each on foreign policy, domestic affairs, Watergate, and a loosely defined “Nixon the Man” interview. Frost intends that the centerpiece of the interviews to be the Watergate session. Nixon agrees to a free, unfettered set of interviews in return for over a million dollars in appearance fees. [Reston, 2007, pp. 13-17] (Other sources say that Nixon will be paid $600,000 plus 20% of the profits from the broadcast, which are expected to top $2 million.)
Frost Seen as Unlikely Interviewer - There is also considerable skepticism about the choice of Frost as an interviewer; he is better known as a high-living entertainer who likes to hobnob with celebrities rather than as a tough interrogator. His primary experience with politics is his hosting of the BBC’s celebrated 1960s satirical show That Was the Week That Was. Frost outbid NBC for the rights to interview Nixon, and after all three American television networks refuse to air the shows, Frost has to cobble together an ad hoc group of about 140 television stations to broadcast the interviews. Frost will recall in 2007, “We were told, ‘Half the companies you’re approaching would never have anything to do with Nixon when he was president, and the other half are trying to make people forget that they did.’” [Time, 5/9/1977; Washington Post, 4/30/2007] Interestingly, when the Nixon team began negotiating for the interviews in July 1975, they made a point of not wanting any “real” investigative journalists to conduct the interviews—in fact, they considered offering the interviews to American television talk show host Merv Griffin. [Time, 5/9/1977] The interviews are to be done in segments, three sessions a week, on Mondays, Wednesdays, and Fridays, for two weeks in the spring of 1977. [National Public Radio, 6/17/2002]
Nixon Team Wants Focus Away from Watergate - While Nixon agrees that six hours of interviews will be on the topic of Watergate, his team wants to define “Watergate” as almost anything and everything negative about the Nixon presidency—not just the burglary and the cover-up, but abuses of power at the IRS, CIA, and FBI, Nixon’s tax problems, the Ellsberg break-in (see September 9, 1971), disputed real estate sales, the sale of ambassadorships (see March-April 1972), the enemies list (see June 27, 1973), and the Huston Plan (see July 14, 1970). The hope is that Frost’s focus will become diluted and fail to focus on the Watergate conspiracy itself. The hope will not be fulfilled (see April 13-15, 1977).
Frost's Investigative Team - Frost begins hiring a team of investigators and experts to prepare him for the interviews, including author and journalist James Reston Jr. [Time, 5/9/1977] , a self-described “radical” who had worked to win amnesty for US citizens who had avoided the draft, and views Nixon as a contemptible figure who, despite his resignation (see August 8, 1974), remains “uncontrite and unconvicted.” [Chicago Sun-Times, 7/22/2007] Other members of Frost’s research team are Washington journalist and lawyer Robert Zelnick, freelance writer Phil Stanford, and London TV news executive John Birt, who will produce the interviews. Zelnick will play Nixon in the briefing sessions, going so far as mimicking Nixon’s mannerisms and hand gestures. For his part, Nixon had almost completed his own meticulous research of his presidency for his upcoming memoirs, and is quite conversant with his facts and defense strategies. Nixon’s team of aides includes his former White House military aide Colonel Jack Brennan, chief researcher Ken Khachigian, former speechwriter Ray Price, former press assistant (and future television reporter) Diane Sawyer, and former aide Richard Moore. [Time, 5/9/1977]
Nixon's Perceived 'Sweetheart Deal' - In his 2007 book on the interviews, The Conviction of Richard Nixon (written largely in 1977 but unpublished for thirty years), Reston will write that Nixon surely “saw the enterprise as a sweetheart deal. He stood to make a lot of money and to rehabilitate his reputation.” Nixon harbors hopes that he can make a political comeback of one sort or another, and apparently intends to use Frost—best known for conducting “softball” interviews with celebrities and world leaders alike—as his “springboard” to re-enter public service. But, as Reston later observes, Nixon will underestimate the researchers’ efforts, and Frost’s own skill as a television interviewer. [Reston, 2007, pp. 13-17, 84] Time will describe Nixon in the interviews as “painful and poignant, sometimes illuminating, usually self-serving.” [Time, 5/9/1977]

Entity Tags: NBC, Phil Stanford, Merv Griffin, Richard Moore, Ray Price, Ken Khachigian, James Reston, Jr, Richard M. Nixon, John Birt, David Frost, Jack Brennan, Robert Zelnick, Diane Sawyer

Timeline Tags: Nixon and Watergate

The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
bullet Limitations on contributions to candidates for federal office;
bullet Disclosure and record-keeping provisions; and
bullet The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
bullet Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
bullet The $1,000 limitation on independent expenditures;
bullet The limitations on expenditures by candidates from their personal funds; and
bullet The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]

Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan

Timeline Tags: Civil Liberties

The research team for David Frost, in the midst of marathon interviews with former President Richard Nixon (see Early 1976), has a week to prepare for the upcoming four-hour interview sessions on Watergate (see April 6, 1977).
Countering the 'Other Presidents Did It, Too' Defense - Researcher James Reston Jr. tackles Frost’s possible response to what Reston feels will be Nixon’s last line of defense: that what he did was simply another instance in a long line of presidential misconduct. “Nixon nearly persuaded the American people that political crime was normal,” investigative reporter Jack Anderson had told Nixon biographer Fawn Brodie, a line that haunts Reston. Brodie gives Reston a study commissioned by the House Judiciary Committee (see February 6, 1974) and authored primarily by eminent Yale historian C. Vann Woodward, a study examining the history of presidential misdeeds from George Washington through Nixon. The study was never used. Brodie says that Frost should quote the following from Woodward’s introduction to Nixon: “Heretofore, no president has been proved to be the chief coordinator of the crime and misdemeanor charged against his own administration as a deliberate course of conduct or plan. Heretofore, no president has been held to be the chief personal beneficiary of misconduct in his administration or of measures taken to destroy or cover up evidence of it. Heretofore, the malfeasance and misdemeanor have had no confessed ideological purposes, no constitutionally subversive ends. Heretofore, no president has been accused of extensively subverting and secretly using established government agencies to defame or discredit political opponents and critics, to obstruct justice, to conceal misconduct and protect criminals, or to deprive citizens of their rights and liberties. Heretofore, no president had been accused of creating secret investigative units to engage in covert and unlawful activities against private citizens and their rights.” Frost will ultimately not use the quote, but the quote helps Reston and the other researchers steer their course in preparing Frost’s line of questioning.
Frost Better Prepared - As for Frost, he is much more prepared for his interrogation of Nixon than he has been in earlier sessions, prepped for discussing the details of legalities such as obstruction of justice, corrupt endeavor, and foreseeable consequence. Nixon undoubtedly thwarted justice from being served, and Frost intends to confront him with that charge. Reston worries that the interview will become mired in legalities to the point where only lawyers will gain any substantive information from the session. [Reston, 2007, pp. 112-114]

Entity Tags: James Reston, Jr, Richard M. Nixon, Jack Anderson, Fawn Brodie, C. Vann Woodward, David Frost, House Judiciary Committee

Timeline Tags: Nixon and Watergate

Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972, US Supreme Court

Timeline Tags: Civil Liberties

The scheduled interviews between former President Richard Nixon and British interviewer David Frost (see Early 1976) are postponed until March 1977, due to Nixon’s wife, Pat, being hospitalized with a stroke. In return for the delay, Nixon agrees to five programs devoted to the interviews instead of the originally agreed-upon four. Further, Nixon agrees to talk frankly about Watergate; previously, he had balked at discussing it because of ongoing prosecutions related to the conspiracy. Frost wants the shows to air in the spring of 1977 rather than the summer, when audiences will be smaller; Nixon jokes in reply, “Well, we got one hell of an audience on August 9, 1974” (see August 8, 1974). Nixon welcomes the extra time needed to prepare for the interviews. [Reston, 2007, pp. 53]

Entity Tags: David Frost, Richard M. Nixon, Pat Nixon

Timeline Tags: Nixon and Watergate

The research staff for British interviewer David Frost, preparing for his upcoming interviews with former President Richard Nixon (see Early 1976), receive two key documents from Leon Jaworski’s special prosecutor files (see November 1, 1973) that are, in essence, the government’s plan for questioning Nixon if he were to ever take the stand as a criminal defendant in federal court. One document is entitled “RMN [Richard Milhous Nixon] and the Money,” and concentrates on the March 21, 1973, conversation with then-White House counsel John Dean concerning Watergate burglar E. Howard Hunt’s demand for “hush money” (see Mid-November, 1972) and the attempts in the following weeks to explain away the payments to Hunt. The document is divided into five parts: Nixon’s statements about the money; Nixon’s knowledge of the payouts before March 21; the nature of the payment itself; the cover-up of Nixon’s role in the payout; and Nixon’s role in developing a defense against possible obstruction of justice charges. The second document cites excerpts from the June 20, 1972, conversations between Nixon and his then-senior aide Charles Colson (see June 20, 1972 and June 20, 1972). [Reston, 2007, pp. 45-47]

Entity Tags: David Frost, Charles Colson, E. Howard Hunt, John Dean, Richard M. Nixon, Leon Jaworski

Timeline Tags: Nixon and Watergate

Jimmy Carter celebrates his presidential victory.Jimmy Carter celebrates his presidential victory. [Source: PBS]Gerald Ford loses the presidency to Democratic challenger Jimmy Carter, an obscure Georgia governor who contrasts himself to the Nixon and Ford administrations by promising “never to tell a lie to the American people.” The Republican Party’s widening rift between its moderate and conservative wings dooms Ford’s chances at being elected to the office he has held by appointment for over two years (see August 9, 1974). [Werth, 2006, pp. 342] Ford’s de facto campaign chairman, Chief of Staff Dick Cheney, contributes heavily to Ford’s loss. Unready for the stresses and demands of a presidential campaign, Cheney nevertheless wrested control from Ford’s ostensible chairman, Bo Calloway, and promptly alienated campaign workers and staffers. Press secretary Ron Nessen will later write, “Some reporters privately started calling him the Grand Teuton, a complex pun referring to his mountainous home state of Wyoming and the Germanic style of his predecessor in the Nixon administration, H. R. Haldeman.” Cheney tried throughout the campaign to move Ford farther to the right than the president was willing to go; even with his attempts, Ford’s primary challenge from Governor Ronald Reagan (R-CA) did much to peel away the right-wing Republican base, while Cheney did little to reassure the liberal and moderate Republicans whom many feel are Ford’s natural base. Cheney succeeded in persuading Ford to adopt a convention platform much farther to the right than Ford, and his supporters, wanted; in particular, the Reaganesque “Morality in Foreign Policy Plank,” which stated, “we shall go forward as a united people to forge a lasting peace in the world based upon our deep belief in the rights of man, the rule of law, and guidance by the hand of God,” alienated many more secular Republicans, who were not comfortable with the aggressive Christianity and implied imperialism contained in the statement. (Ultimately, it took the intervention of James Baker, a veteran Republican “fixer” and close friend of the Bush family, to head off disaster at the nominating convention.) Ford aide James Cannon will say that Cheney “was in over his head.” Had Cheney’s former boss Donald Rumsfeld stayed as chief of staff instead of moving to the Pentagon (see November 4, 1975 and After), Cannon believes Ford would have won a second term. [Dubose and Bernstein, 2006, pp. 40]

Entity Tags: Ron Nessen, Richard (“Dick”) Cheney, Ronald Reagan, James Earl “Jimmy” Carter, Jr., James Cannon, James Baker, Bo Calloway, Gerald Rudolph Ford, Jr, H.R. Haldeman, Donald Rumsfeld

Timeline Tags: Nixon and Watergate

Time magazine cover from May 9, 1977 touting the Frost/Nixon interviews.Time magazine cover from May 9, 1977 touting the Frost/Nixon interviews. [Source: Time]Former President Richard Nixon meets with his interviewer, David Frost, for the first of several lengthy interviews (see Early 1976). The interviews take place in a private residence in Monarch Bay, California, close to Nixon’s home in San Clemente. One of Frost’s researchers, author James Reston Jr., is worried that Frost is not prepared enough for the interview. The interview is, in Reston’s words, a rather “free-form exercise in bitterness and schmaltz.”
Blaming Associates, Justifying Actions, Telling Lies - Nixon blames then-chief of staff H. R. Haldeman for not destroying the infamous White House tapes (see July 13-16, 1973), recalls weeping with then-Secretary of State Henry Kissinger over his resignation, and blames his defense counsel for letting him down during his impeachment hearings (see February 6, 1974). His famously crude language is no worse than the barracks-room speech of former President Dwight D. Eisenhower, he asserts. Frost shows a film of Nixon’s farewell address to the nation (see August 8, 1974), and observes that Nixon must have seen this film many times. Never, Nixon says, and goes on to claim that he has never listened to or watched any of his speeches, and furthermore had never even practiced any of his speeches before delivering them. It is an astonishing claim from a modern politician, one of what Nixon biographer Fawn Brodie calls “Unnecessary Nixon Lies.” [Reston, 2007, pp. 81-91] (In a 1974 article for Harper’s, Geoffrey Stokes wrote that, according to analysis of transcripts of Nixon’s infamous Watergate tape recordings by a Cornell University professor, Nixon spent nearly a third of his time practicing both private and public statements, speeches, and even casual conversations.) [Harper's, 10/1974]
Nixon Too Slippery for Frost? - During the viewing of the tape, Nixon’s commentary reveals what Reston calls Nixon’s “vanity and insecurity, the preoccupation with appearance within a denial of it.” After the viewing, Nixon artfully dodges Frost’s attempt to pin him down on how history will remember him, listing a raft of foreign and domestic achievements and barely mentioning the crimes committed by his administration. “What history will say about this administration will depend on who writes the history,” he says, and recalls British prime minister Winston Churchill’s assertion that history would “treat him well… [b]ecause I intend to write it.”
Reactions - The reactions of the Frost team to the first interview are mixed. Reston is pleased, feeling that Nixon made some telling personal observations and recollections, but others worried that Frost’s soft questioning had allowed Nixon to dominate the session and either evade or filibuster the tougher questions. Frost must assert control of the interviews, team members assert, must learn to cut Nixon off before he can waste time with a pointless anecdote. Frost must rein in Nixon when he goes off on a tangent. As Reston writes, “The solution was to keep the subject close to the nub of fact, leaving him no room for diversion or maneuver.” [Reston, 2007, pp. 81-91]

Entity Tags: Geoffrey Stokes, David Frost, Fawn Brodie, Dwight Eisenhower, Winston Leonard Spencer Churchill, James Reston, Jr, Henry A. Kissinger, Richard M. Nixon, H.R. Haldeman

Timeline Tags: Nixon and Watergate

After 14 hours (of the allotted 24) of the Nixon/Frost interviews (see Early 1976), most of the Frost research team feels that former President Richard Nixon has gotten the best of interviewer David Frost. Nixon has largely been allowed to expound at length on his many self-proclaimed triumphs in foreign policy until the last few sessions, and except for brief moments where Frost tried to corner Nixon over his Vietnam and Cambodia policies, Nixon has escaped with his reputation not only untarnished, but likely even somewhat burnished.
Frost Enabling Nixon's Resurrection? - After the day’s interview (see April 6, 1977), many on Frost’s research team lambast him for not pressing the point that Nixon’s arguments contravene almost everything the US stands for. (One television technician wisecracks after the first round of interviews, “If he keeps talking like that, I may vote for him.”) Team member Robert Zelnick tells Frost, “You sound like two old chums, sitting around a pork barrel, talking about a bowling game, rather than about the incredible divisiveness that Nixon himself deliberately caused.” Frost defends himself by saying that Nixon “admitted what we wanted him to,” but Zelnick retorts: “But how is the audience to know? You have to state the opposite view.” Frost’s producer John Birt adds: “Sniping at him is not good enough anymore. The absurdity of his position must be underlined. If you don’t respond to the absurdity, then it appears as if you not only accept his view, but endorse it.” Frost’s afternoon session with Nixon is more challenging, and later some observers categorize the Huston Plan interview as, in the words of author James Reston Jr., “the most damaging period in all the Nixon interviews” (see April 6, 1977).
Intensive Preparation - But Frost’s team is not satisfied. With a week’s break before the next interview, the team decides to push Frost to prepare more intensively for the upcoming Watergate interview sessions. Reston will later note that the Watergate sessions “had to be solid gold. Otherwise the series was dead—commercially as well as substantively. Did Frost realize the jeopardy we were in now? Worse than that: if Nixon’s guilt and his authoritarian impulses were not clearly demonstrated, Frost would take an equivalent position in the history of television to that of Nixon in the history of politics. The epitaph would read, He paid $1 million for Nixon’s resurrection.[Time, 5/30/1977; Reston, 2007, pp. 102-105]

Entity Tags: Richard M. Nixon, James Reston, Jr, Robert Zelnick, David Frost, John Birt

Timeline Tags: Nixon and Watergate

David Frost, the British interviewer conducting a series of interviews with former President Richard Nixon (see Early 1976), spends four hours over three days hammering at Nixon over his involvement in the Watergate conspiracy (see April 13, 1977. April 13, 1977, April 13, 1977, April 15, 1977, and April 15, 1977). His first question is, “With the perspective of three years now, do you feel that you ever obstructed justice or were part of a conspiracy to obstruct justice?”
Wrestling with Proteus - James Reston, Jr., part of Frost’s research team, later notes that the four hours of interviews as edited for later broadcast becomes what “has been called a television epic. It had all the elements of high drama (and occasional high comedy). The tension started high and built towards an almost unbearable, climactic breaking point. It pitted a feisty, beautifully informed inquisitor (see April 7-12, 1976), playing his surprise cards and rehearsed lines masterfully, aware, finally, of his duty as a surrogate prosecutor, aware of the imperative to prove the guilt that all assumed, creatively using the ploys of judicious contempt and reverse patronizing and deadly humor to reduce his intimidating adversary to apology and mawkishness.” Reston finally comes to believe what he has been saying for weeks, that Frost is “the best man in the world for this ultimate task, far better than any American journalist on the scene.” Frost wrestles with Nixon, the “virtuoso of deception” whom he compares to the shape-changing Greek god Proteus, and ultimately pins him down. [Encyclopedia Mythica, 4/10/2001; Reston, 2007, pp. 116-118]
Opening Arguments - Nixon dodges the opening question and tries to redefine “Watergate” as just about every illegal, immoral, or questionable action he had performed as president. “Watergate means all of the charges that were thrown at me during the period before I left the presidency,” Nixon says. But instead of accepting Nixon’s definition and spending four hours touching on the surface of each allegation—mentioning it, letting Nixon deny or evade the charges, then moving on, as most American journalists might well have done—Frost homes in on the Watergate conspiracy itself. When Frost begins listing the crimes and unethical actions committed by Nixon’s underlings, Nixon turns to obfuscation: “You have lumped together a number of charges, and I can’t vouch for the accuracy of them.” (Reston later writes, “So facts became charges” in Nixon’s characterization of events.) Nixon asks for Frost’s sources for each charge, but Frost refuses to respond to the question. [Reston, 2007, pp. 116-118]

Entity Tags: David Frost, James Reston, Jr, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Former President Richard Nixon is nearly 20 minutes late for his second Watergate interview with David Frost (see April 13-15, 1977 and April 13, 1977). Neither Frost nor his team of researchers realize how rattled Nixon is from the last session. Frost begins the interview by asking about the so-called “Dean report” (see March 20, 1973), the results of John Dean’s “internal investigation” of the Watergate conspiracy. Dean’s report would have served two purposes: it would hopefully have removed suspicion from any White House officials as to their involvement in the conspiracy, and, if it was ever pulled apart and shown to be a compendium of lies and evasion, would have pointed to Dean as the central figure in the conspiracy. Dean never wrote the report, but instead became a witness for the prosecution (see April 6-20, 1973. June 3, 1973, and June 25-29, 1973). Since Dean never wrote the report, Frost asks Nixon why he told the deputy attorney general, Henry Peterson, that there was indeed such a report (Nixon had called it “accurate but not full”). Astonishingly, Nixon asserts that Dean did write the report, and that it indeed showed no “vulnerability or criminality on the part of the president… so let’s not get away from that fact.” Frost sees Nixon’s vulnerability. Frost asks when he read the report. Caught, Nixon backs off of his assertion, saying that he “just heard that ah… that he had written a report… ah… the… that… ah… he… ah… ah, considered it to be inadequate.” Frost researcher James Reston, Jr. later writes, “[Nixon] was firmly skewered. His face showed it. His gibberish confirmed it.”
Ehrlichman's Report - Frost moves on to another report on Watergate by former aide John Ehrlichman, the so-called “modified, limited hangout,” and the offer of $200,000 in cash to Ehrlichman and fellow aide H. R. Haldeman for their legal fees. Nixon had told the nation that Ehrlichman would produce an informative and factual report on Watergate, even though he knew by then that Ehrlichman was himself heavily involved in the conspiracy (see August 15, 1973). “That’s like asking Al Capone for an independent investigation of organized crime in Chicago,” Frost observes. “How could one of the prime suspects, even if he was the Pope, conduct an independent inquiry?” Instead of answering the question, Nixon ducks into obfuscation about what exactly constitutes a “prime suspect.”
Nixon Begins to Crack - Reston later writes that, looking back on the interview, it is at this point that Nixon begins to “crack” in earnest. Frost has cast serious doubts on Nixon’s veracity and used Nixon’s own words and actions to demonstrate his culpability. Now Frost asks a broader question: “I still don’t know why you didn’t pick up the phone and tell the cops. When you found out the things that Haldeman and Ehrlichman had done, there is no evidence anywhere of a rebuke, but only of scenarios and excuses.” Nixon responds with what Reston calls a long, “disjointed peroration… about Richard the Isolated and Richard the Victimized… Nixon was desperate to move from fact to sentiment.” But Nixon is not merely rambling. Woven throughout are mentions of the guilt of the various White House officials (but always others, never Nixon’s own guilt), apology, mistakes and misjudgments. Clearly he is hoping that he can paint himself as a sympathetic figure, victimized by fate, bad fortune, and the ill will of his enemies. (Haldeman is so outraged by this stretch that he will soon announce his intention to tell everything in a book—see February 1978; Ehrlichman will call it a “smarmy, maudlin rationalization that will be tested and found false.”) Nixon says he merely “screwed up terribly in what was a little thing [that] became a big thing.”
Crossroads - Frost tries to ease an admission of complicity from Nixon—perhaps if hammering him with facts won’t work, appealing to Nixon’s sentimentality will. “Why not go a little farther?” Frost asks. “That word mistake is a trigger word with people. Would you say to clear the air that, for whatever motives, however waylaid by emotion or whatever you were waylaid by, you were part of a cover-up?” Nixon refuses. Behind the cameras, Nixon staffer Jack Brennan holds up a legal pad with the message “LET’S TALK” (or perhaps “LET HIM TALK”—Reston’s memory is unclear on this point). Either way, Frost decides to take a short break. Brennan hustles Reston into a room, closes the door, and says, “You’ve brought him to the toughest moment of his life. He wants to be forthcoming, but you’ve got to give him a chance.” He wouldn’t confess to being part of a criminal conspiracy, and he wouldn’t admit to committing an impeachable offense. Nixon’s staff has been arguing for days that Nixon should admit to something, but Brennan and Reston cannot agree as to what. Reston later writes that Nixon is at a personal crossroads: “Could he admit his demonstrated guilt, express contrition, and apologize? Two years of national agony were reduced to the human moment. Could he conquer his pride and his conceit? Now we were into Greek theater.” When the interview resumes, Nixon briefly reminisces about his brother Arthur, who died from meningitis at age seven. Was Frost using the story of his brother to open Nixon up? “We’re at an extraordinary moment,” Frost says, and dramatically tosses his clipboard onto the coffee table separating the two men. “Would you do what the American people yearn to hear—not because they yearn to hear it, but just to tell all—to level? You’ve explained how you got caught up in this thing. You’ve explained your motives. I don’t want to quibble about any of that. Coming down to sheer substance, would you go further?” Nixon responds, “Well, what would you express?” Reston will later write, “Every American journalist I have ever known would shrivel at this plea for help, hiding with terror behind the pose of the uninvolved, ‘objective’ interviewer. The question was worthy of Socrates: Frost must lead Nixon to truth and enlightenment.” Frost gropes about a bit, then lists the categories of wrongdoing. First, there were more than mere mistakes. “There was wrongdoing, whether it was a crime or not. Yes, it may have been a crime, too. Two, the power of the presidency was abused. The oath of office was not fulfilled. And three, the American people were put through two years of agony, and… I think the American people need to hear it. I think that unless you say it, you’re going to be haunted for the rest of your life…”
Apology and Admission - Nixon’s response is typically long, prefaced with a rambling discussion of his instructions to speechwriter Ray Price to include his own name with those of Haldeman’s and Ehrlichman’s in the speech announcing their resignations “if you think I ought to” (see April 29, 1973), a litany of all the good things he did while president, and a short, bitter diatribe against those who had sought to bring him down. He never committed a crime, he insists, because he lacked the motive for the commission of a crime.
Terrible Mistakes - But all this is prelude. Nixon shifts to the core of the issue: he had made terrible mistakes not worthy of the presidency. He had violated his own standards of excellence. He deliberately misled the American people about Watergate, he admits, and now he regrets his actions. His statements were not true because they did not go as far as they should have, and “for all of those things I have a deep regret… I don’t go with the idea that what brought me down was a coup, a conspiracy. I gave ‘em the sword. They stuck it in and twisted it with relish. I guess if I’d been in their position, I’d’a done the same thing.” Nixon will not, or perhaps cannot, plainly admit that he broke the law in working to conceal the facts surrounding Watergate, but he does admit that after March 21, 1973, he failed to carry out his duties as president and went to “the edge of the law.… That I came to the edge, I would have to say that a reasonable person could call that a cover-up.” Reston notes that Nixon has just admitted to a standard of guilt high enough for a civil court if not a criminal court. But Nixon isn’t done. [Reston, 2007, pp. 137-155]
Calls Resigning a 'Voluntary Impeachment' - “I did not commit, in my view, an impeachable offense,” he says. “Now, the House has ruled overwhelmingly that I did. Of course, that was only an indictment, and it would have to be tried in the Senate. I might have won, I might have lost. But even if I had won in the Senate by a vote or two, I would have been crippled. And in any event, for six months the country couldn’t afford having the president in the dock in the United States Senate. And there can never be an impeachment in the future in this country without a president voluntarily impeaching himself. I have impeached myself. That speaks for itself.” Resigning the presidency (see August 8, 1974), he says, was a “voluntary impeachment.” [Guardian, 9/7/2007]
Reactions - Frost and his researchers are stunned at Nixon’s statements, as will the millions be who watch the interview when it is broadcast. [Reston, 2007, pp. 137-155] In 2002, Frost will recall, “I sensed at that moment he was most the vulnerable he’d ever be, ever again. It seemed like an almost constitutional moment with his vulnerability at that point.… I hadn’t expected him to go as far as that, frankly. I thought he would have stonewalled more at the last stage. I think that was probably one of the reasons why it was something of a catharsis for the American people at that time that he had finally faced up to these issues, not in a court of law, which a lot of people would have loved to have seen him in a court of law, but that wasn’t going to happen. So—he’d been pardoned. But faced up in a forum where he was clearly not in control and I think that’s why it had the impact it did, probably.” [National Public Radio, 6/17/2002] Not everyone is impressed with Nixon’s mea culpa; the Washington Post, for one, writes, “He went no further than he did in his resignation speech two and a half years ago,” in a story co-written by Watergate investigative reporter Bob Woodward. [Washington Post, 4/30/2007] This interview will air on US television on May 26, 1977. [Guardian, 5/27/1977]

Entity Tags: David Frost, Bob Woodward, James Reston, Jr, Arthur Nixon, Ray Price, Richard M. Nixon, John Dean, Jack Brennan, John Ehrlichman

Timeline Tags: Nixon and Watergate

H. R. Haldeman’s “The Ends of Power.”H. R. Haldeman’s “The Ends of Power.” [Source: Amazon (.com)]Former Nixon aide H. R. Haldeman, in his autobiography The Ends of Power, advances his own insider theory of the genesis of the Watergate burglaries (see July 26-27, 1970). Haldeman, currently serving a one-year prison sentence for perjuring himself during his testimony about the Watergate cover-up, became so angered while watching David Frost interview former President Nixon, and particularly Nixon’s attempts to pin the blame for Watergate on Haldeman and fellow aide John Ehrlichman (see April 15, 1977), that he decided to write the book to tell his version of events. Some of his assertions:
Nixon, Colson Behind 'Plumbers;' Watergate Burglary 'Deliberately Sabotaged' - He writes that he believes then-President Nixon ordered the operation that resulted in the burglaries and surveillance of the Democratic National Committee (DNC) headquarters because he and Charles Colson, the aide who supervised the so-called “Plumbers” (see Late June-July 1971), were both “infuriated with [DNC chairman Lawrence] O’Brien’s success in using the ITT case against them” (see February 22, 1972). Colson, whom Haldeman paints as Nixon’s “hit man” who was the guiding spirit behind the “Plumbers,” then recruited another White House aide, E. Howard Hunt, who brought in yet another aide, G. Gordon Liddy. Haldeman goes into a more interesting level of speculation: “I believe the Democratic high command knew the break-in was going to take place, and let it happen. They may even have planted the plainclothesman who arrested the burglars. I believe that the CIA monitored the Watergate burglars throughout. And that the overwhelming evidence leads to the conclusion that the break-in was deliberately sabotaged.” O’Brien calls Haldeman’s version of events “a crock.” As for Haldeman’s insinuations that the CIA might have been involved with the burglaries, former CIA director Richard Helms says, “The agency had nothing to do with the Watergate break-in.” Time magazine’s review of the book says that Haldeman is more believable when he moves from unverifiable speculation into provable fact. One such example is his delineation of the conspiracy to cover up the burglaries and the related actions and incidents. Haldeman writes that the cover-up was not a “conspiracy” in the legal sense, but was “organic,” growing “one step at a time” to limit political damage to the president.
Story of Kennedy Ordering Vietnamese Assassination Actually True - He suggests that the evidence Hunt falsified that tried to blame former president John F. Kennedy of having then-South Vietnamese President Ngo Dinh Diem assassination (see Mid-September 1971) may have pointed to the actual truth of that incident, hinting that Kennedy may have ordered the assassination after all.
US Headed Off Two Potentially Catastrophic Nuclear Incidents with USSR, China - He also writes of a previously unsuspected incident where Nixon and other US officials convinced the Soviets not to attack Chinese nuclear sites. And Haldeman tells of a September 1970 incident where the US managed to head off a second Cuban Missile Crisis. Both stories of US intervention with the Soviets are strongly denied by both of Nixon’s Secretaries of State, Henry Kissinger, and William Rogers.
Duality of Nixon's Nature - Haldeman says that while Nixon carried “greatness in him,” and showed strong “intelligence, analytical ability, judgment, shrewdness, courage, decisiveness and strength,” he was plagued by equally powerful flaws. Haldeman writes that Nixon had a “dirty, mean, base side” and “a terrible temper,” and describes him as “coldly calculating, devious, craftily manipulative… the weirdest man ever to live in the White House.” For himself, Haldeman claims to have always tried to give “active encouragement” to the “good” side of Nixon and treat the “bad” side with “benign neglect.” He often ignored Nixon’s “petty, vindictive” orders, such as giving mass lie detector tests to employees of the State Department as a means of finding security leaks. He writes that while he regrets not challenging Nixon more “frontally” to counter the president’s darker impulses, he notes that other Nixon aides who had done so quickly lost influence in the Oval Office. Colson, on the other hand, rose to a high level of influence by appealing to Nixon’s darker nature. Between the two, Haldeman writes, the criminal conspiracy of Watergate was created. (Colson disputes Haldeman’s depiction of his character as well as the events of the conspiracy.) Haldeman himself never intended to do anything illegal, denies any knowledge of the “Gemstone” conspiracy proposal (see January 29, 1972), and denies ordering his aide Gordon Strachan to destroy evidence (see June 18-19, 1972).
Reconstructing the 18 1/2 Minute Gap - Haldeman also reconstructs the conversation between himself and Nixon that was erased from the White House tapes (see June 23, 1972 and July 13-16, 1973). Time notes that Haldeman reconstructs the conversation seemingly to legally camouflage his own actions and knowledge, “possibly to preclude further legal charges against him…” According to Haldeman’s reconstruction, Nixon said, “I know one thing. I can’t stand an FBI interrogation of Colson… Colson can talk about the president, if he cracks. You know I was on Colson’s tail for months to nail Larry O’Brien on the [Howard] Hughes deal (see April 30 - May 1, 1973; O’Brien had worked for Hughes, and Nixon was sure O’Brien had been involved in illegalities). Colson told me he was going to get the information I wanted one way or the other. And that was O’Brien’s office they were bugging, wasn’t it? And who’s behind it? Colson’s boy Hunt. Christ. Colson called [deputy campaign chief Jeb Magruder] and got the whole operation started. Right from the g_ddamn White House… I just hope the FBI doesn’t check the office log and put it together with that Hunt and Liddy meeting in Colson’s office.” Time writes, “If the quotes are accurate, Nixon is not only divulging his own culpability in initiating the bugging but is also expressing a clear intent to keep the FBI from learning about it. Thus the seeds of an obstruction of justice have been planted even before the celebrated June 23 ‘smoking gun’ conversation, which ultimately triggered Nixon’s resignation from office.” Haldeman says he isn’t sure who erased the tape, but he believes it was Nixon himself. Nixon intended to erase all the damning evidence from the recordings, but since he was, Haldeman writes, “the least dexterous man I have ever known,” he quickly realized that “it would take him ten years” to erase everything.
'Smoking Gun' Allegations - Haldeman also makes what Time calls “spectacular… but unverified” allegations concerning the June 23, 1972 “smoking gun” conversations (see June 23, 1972). The focus of that day’s discussion was how the White House could persuade the CIA to head off the FBI’s investigation of the Watergate burglary. The tape proved that Nixon had indeed attempted to block the criminal investigation into Watergate, and feared that the money found on the burglars would be traced back to his own re-election campaign committee. Haldeman writes that he was confused when Nixon told him to tell the CIA, “Look, the problem is that this will open up the whole Bay of Pigs thing again.” When Haldeman asked Helms to intercede with the FBI, and passed along Nixon’s warning that “the Bay of Pigs may be blown,” Helms’s reaction, Haldeman writes, was electric. “Turmoil in the room, Helms gripping the arms of his chair, leaning forward and shouting, ‘The Bay of Pigs had nothing to do with this. I have no concern about the Bay of Pigs.’” Haldeman writes, “I was absolutely shocked by Helms‘[s] violent reaction. Again I wondered, what was such dynamite in the Bay of Pigs story?” Haldeman comes to believe that the term “Bay of Pigs” was a reference to the CIA’s secret attempts to assassinate Cuban dictator Fidel Castro. The CIA had withheld this info from the Warren Commission, the body that investigated the assassination of President Kennedy, and Haldeman implies that Nixon was using the “Bay of Pigs thing” as some sort of blackmail threat over the CIA. Haldeman also hints, very vaguely, that Nixon, when he was vice president under Dwight D. Eisenhower, was a chief instigator of the actual Bay of Pigs invasion. (Time notes that while Vice President Nixon probably knew about the plans, “he certainly had not been their author.”)
Other Tidbits - Haldeman writes that Nixon’s taping system was created to ensure that anyone who misrepresented what Nixon and others said in the Oval Office could be proven wrong, and that Nixon had Kissinger particularly in mind. Nixon kept the tapes because at first he didn’t believe he could be forced to give them up, and later thought he could use them to discredit former White House counsel John Dean. He says Nixon was wrong in asserting that he ordered Haldeman to get rid of the tapes. Haldeman believes the notorious “deep background” source for Washington Post reporters Carl Bernstein and Bob Woodward was actually Fred Fielding, Dean’s White House deputy. Interestingly, Haldeman apparently discovered the real identity of “Deep Throat” in 1972 to be senior FBI official W. Mark Felt (see October 19, 1972). It is unclear why Haldeman now writes that Fielding, not Felt, was the Post source.
Not a Reliable Source - Time notes that Haldeman’s book is far from being a reliable source of information, characterizing it as “badly flawed, frustratingly vague and curiously defensive,” and notes that “[m]any key sections were promptly denied; others are clearly erroneous.” Time concludes, “Despite the claim that his aim was finally to ‘tell the truth’ about the scandal, his book is too self-protective for that.” And it is clear that Haldeman, though he writes how the cover-up was “morally and legally the wrong thing to do—so it should have failed,” has little problem being part of such a criminal conspiracy. The biggest problem with Watergate was not that it was illegal, he writes, but that it was handled badly. He writes, “There is absolutely no doubt in my mind today that if I were back at the starting point, faced with the decision of whether to join up, even knowing what the ultimate outcome would be, I would unhesitatingly do it.” [Time, 2/27/1978; Spartacus Schoolnet, 8/2007]

Entity Tags: Fred F. Fielding, William P. Rogers, E. Howard Hunt, Democratic National Committee, David Frost, Charles Colson, W. Mark Felt, Bob Woodward, Carl Bernstein, US Department of State, Lawrence O’Brien, Richard Helms, John Dean, Jeb S. Magruder, Howard Hughes, Henry A. Kissinger, Gordon Strachan, Dwight Eisenhower, Richard M. Nixon, H.R. Haldeman, John F. Kennedy

Timeline Tags: Nixon and Watergate

Oil billionaire David Koch runs for vice president on the Libertarian Party ticket. David and his brother Charles are the primary backers of hard-right libertarian politics in the US (see August 30, 2010); Charles, the dominant brother, is determined to tear government “out at the root,” as he will later be characterized by libertarian Brian Doherty. The brothers have thrown their support behind Libertarian presidential candidate Ed Clark, who is running against Republican Ronald Reagan from the right of the political spectrum. The brothers are frustrated by the legal limits on campaign financing, and they persuade the party to place David on the ticket as vice president, thereby enabling him to spend as much of his personal fortune as he likes. The Libertarian’s presidential campaign slogan is, “The Libertarian Party has only one source of funds: You.” In reality, the Koch brothers’ expenditures of over $2 million is the campaign’s primary source of funding. Clark tells a reporter that the Libertarians are preparing to stage “a very big tea party” because people are “sick to death” of taxes. The Libertarian Party platform calls for the abolition of the FBI and the CIA, as well as of federal regulatory agencies, such as the Securities and Exchange Commission and the Department of Energy. The platform proposes the abolition of Social Security, minimum-wage laws, gun control, and all personal and corporate income taxes; in return, it proposes the legalization of prostitution, recreational drugs, and suicide. Government should be reduced to only one function, the party proclaims: the protection of individual rights. Conservative eminence William F. Buckley Jr. calls the movement “Anarcho-Totalitarianism.” The Clark-Koch ticket receives only one percent of the vote in the November 1980 elections, forcing the Koch brothers to realize that their brand of politics isn’t popular. In response, Charles Koch becomes openly scornful of conventional politics. “It tends to be a nasty, corrupting business,” he says. “I’m interested in advancing libertarian ideas.” Doherty will later write that both Kochs come to view elected politicians as merely “actors playing out a script.” Doherty will quote a longtime confidant of the Kochs as saying that after the 1980 elections, the brothers decide they will “supply the themes and words for the scripts.” In order to alter the direction of America, they had to “influence the areas where policy ideas percolate from: academia and think tanks.” [New Yorker, 8/30/2010]

Entity Tags: Libertarian Party, Brian Doherty, Charles Koch, Ronald Reagan, David Koch, William F. Buckley, Ed Clark

Timeline Tags: Domestic Propaganda

The federal government passes even more amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976). The new amendments simplify campaign finance reporting requirements, encourage political party activity at the state and local levels, and increase the public funding grants for presidential nominating conventions. The new amendments prohibit the Federal Election Commission (FEC) from conducting random campaign audits. They also allow state and local parties to spend unlimited amounts on federal campaign efforts, including the production and distribution of campaign materials such as signs and bumper stickers used in “get out the vote” (GOTV) efforts. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] The amendment creates what later becomes known as “soft money,” or donations and contributions that are essentially unregulated as long as they ostensibly go for “party building” expenses. The amendments allow corporations, labor unions, and wealthy individuals to contribute vast sums to political parties and influence elections. By 1988, both the Republican and Democratic Parties will spend inordinate and controversial amounts of “soft money” in election efforts. [National Public Radio, 2012] While the amendments were envisioned as strengthening campaign finance law, many feel that in hindsight, the amendments actually weaken FECA and campaign finance regulation. Specifically, the amendments reverse much of the 1974 amendments, and allow money once prohibited from being spent on campaigns to flow again. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

The Supreme Court, in the case of Federal Election Commission v. NCPAC, rules that political action committees (PACs) can spend more than the $1,000 mandated by federal law (see February 7, 1972, 1974, and May 11, 1976). The Democratic Party and the FEC argued that large expenditures by the National Conservative Political Action Committee (NCPAC) in 1975 violated the Federal Election Campaign Act (FECA), which caps spending by independent political action committees in support of a publicly funded presidential candidate at $1,000. The Court rules 7-2 in favor of NCPAC, finding that the relevant section of FECA encroaches on the organization’s right to free speech (see January 30, 1976). Justice William Rehnquist writes the majority opinion, joined by fellow conservatives Chief Justice Warren Burger, Sandra Day O’Connor, and Lewis Powell, and liberals Harry Blackmun, John Paul Stevens, and William Brennan. Justices Byron White and Thurgood Marshall dissent from the majority. [Oyez (.org), 2012; Moneyocracy, 2/2012]

Entity Tags: Federal Election Commission, William Brennan, William Rehnquist, Byron White, Federal Election Campaign Act of 1972, US Supreme Court, Warren Burger, Sandra Day O’Connor, Harry Blackmun, John Paul Stevens, Thurgood Marshall, National Conservative Political Action Committee, Democratic Party, Lewis Powell

Timeline Tags: Civil Liberties

Eugene Hasenfus sits among the weapons captured from his downed cargo plane. His Sandinista captors surround him.Eugene Hasenfus sits among the weapons captured from his downed cargo plane. His Sandinista captors surround him. [Source: Nancy McGirr / Reuters / Corbis]A CIA C-123 transport plane (see November 19, 1985) is shot down in southern Nicaragua by a Sandinista soldier wielding a surface-to-air missile. The transport plane left an airfield in El Salvador with arms and other supplies intended for the Nicaraguan Contras. Three crew members—US pilots William Cooper and Wallace Sawyer, Jr, and an unidentified Latin American—die in the crash, but one, a “cargo kicker” named Eugene Hasenfus, ignores CIA orders and parachutes to safety—and capture by the Sandinistas. Hasenfus is a construction worker from Wisconsin who signed on to do temporary work with CIA contractors, and has no intention of “going down with the plane.” The next day, newspapers around the world run stories with Hasenfus’s face peering out from their front pages.
Reveals US's Arming of Contras - The Hasenfus shoot-down will break the news of the Reagan administration’s secret arming of the Contras in their attempt to bring down the democratically elected Socialist government of Nicaragua. [New York Times, 11/19/1987; Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993; Dubose and Bernstein, 2006, pp. 64]
Damage Control - Assistant Secretary of State Elliott Abrams (see Late 1985 and After) is the designated US spokesman on the Hasenfus shootdown. Abrams coordinates with his fellow Contra supporters, the NSC’s Oliver North and the CIA’s Alan Fiers, and with the US Ambassador to El Salvador, Edwin Corr, on how to handle the situation. Between the three, they coordinate a denial from the Salvadoran military about any Salvadoran or US involvement in the Hasenfus flight. As for themselves, they agree not to flatly lie about anything, because they cannot be sure of what Hasenfus will say, but they agree to remain as quiet as possible and hope the media sensation surrounding Hasenfus dies down with little long-term effect. According to notes taken by Corr during one meeting, everyone knows that a leak—“eventually someone in USG [the US government] will finally acknowledge some ‘winking.’ Salv role now more public”—is inevitable. It is eventually decided that the Contras themselves will take all responsibility for the flight. Fiers worries that the flight will be connected to previous humanitarian aid supplied to the Contras (see October 1985). They also confirm that Felix Rodriguez, North’s liaison to the Contras in Central America (see Mid-September 1985), is in Miami, hiding from the press. Hasenfus will later acknowledge making at least ten supply flights into Nicaragua (see October 9, 1986). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]

Entity Tags: Eugene Hasenfus, Central Intelligence Agency, Elliott Abrams, Contras, Reagan administration

Timeline Tags: Iran-Contra Affair

The Supreme Court rules in Federal Election Commission v. Massachusetts Citizens for Life that an anti-abortion organization can print flyers promoting “pro-life” candidates in the weeks before an election, and that the portion of the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976) that bars distribution of such materials to the general public restricts free speech. In September 1978, the Massachusetts Citizens For Life (MCFL) spent almost $10,000 printing flyers captioned “Everything You Need to Vote Pro-Life,” which included information about specific federal and state candidates’ positions on abortion rights, along with exhortations to “vote pro-life” and “No pro-life candidate can win in November without your vote in September.” The Federal Election Commission (FEC) ruled that MCFL’s expenditures violated FECA’s ban on corporate spending in connection with federal elections. A Massachusetts district court ruled against the FEC, finding that the flyer distribution “was uninvited by any candidate and uncoordinated with any campaign” and the flyers fell under the “newspaper exemption” of the law. Moreover, the court found, FECA’s restrictions infringed on MCFL’s freedom of speech (see January 30, 1976 and April 26, 1978). An appeals court reversed much of the district court’s decision, but agreed that the named provision of FECA violated MCFL’s free speech rights. The FEC appealed to the Supreme Court. By a 5-4 vote, the Court affirms that FECA’s prohibition on corporate expenditures is unconstitutional as applied to independent expenditures made by a narrowly defined type of nonprofit corporation such as MCFL. The Court writes that few organizations will be impacted by its decision. The majority opinion is written by Justice William Brennan, a Court liberal, and joined by liberal Thurgood Marshall and conservatives Lewis Powell, Antonin Scalia, and (in part) by Sandra Day O’Connor. Court conservatives William Rehnquist and Byron White, joined by liberals Harry Blackmun and John Paul Stevens, dissent with the majority, saying that the majority ruling gives “a vague and barely adumbrated exception [to the law] certain to result in confusion and costly litigation.” [Federal Election Commission, 2011; Moneyocracy, 2/2012]

Entity Tags: Federal Election Commission, William Rehnquist, Antonin Scalia, Federal Election Campaign Act of 1972, US Supreme Court, William Brennan, Sandra Day O’Connor, Harry Blackmun, John Paul Stevens, Thurgood Marshall, Massachusetts Citizens for Life, Byron White, Lewis Powell

Timeline Tags: Civil Liberties

Richard Secord receives whispered advice from his attorney, Thomas Green, during his testimony.Richard Secord receives whispered advice from his attorney, Thomas Green, during his testimony. [Source: Bettmann / Corbis]Public testimony begins in the joint House and Senate investigations of the Iran-Contra affair. General Richard Secord (see November 19, 1985) is the first witness (see May 5, 1987). [New York Times, 11/19/1987]
'Hero's Angle' - The televised hearing area in Room 325 of the Senate Office Building, built to accommodate over two dozen committee members, their staff, witnesses, lawyers, and television reporters and camera operators, features a series of two-tiered stages. Film director Steven Spielberg will later tell Senate counsel Arthur Liman that from a visual viewpoint, the staging is a terrible mistake; the witnesses appear on television “at the hero’s angle, looking up as though from a pit at the committees, who resembled two rows of judges at the Spanish Inquisition.” Authors Lou Dubose and Jake Bernstein will note with some sardonicism that the committee’s two lawyers could not have been better choices to play television villains. Liman is “a nasal-voiced New York ethnic with ‘spaghetti hair,’” and House counsel John Nields is “a balding lawyer with long locks down to his collar who couldn’t keep his distaste for the witnesses from creeping into his voice.”
Opening Statements; Cheney Blames Congress, Not the White House - The hearings open with the usual long-winded opening statements from the various committee members. Representative Dick Cheney (R-WY), the leader of the Republican hardline contingent, makes it clear from the outset where he intends to go in the investigation. “Some will argue that these events justify the imposition of additional restrictions on presidents to prohibit the possibility of similar occurrences in the future,” he says. “In my opinion, this would be a mistake. In completing our task, we should seek above all to find ways to strengthen the capacity of future presidents and future Congresses to meet the often dangerous and difficult challenges that are bound to rise in the years ahead.” He then introduces his counter-argument: Congress’s dithering, not the Reagan administration’s clear violation of the law, is the crux of the problem with the Iran-Contra affair. “One important question to be asked is to what extent did the lack of a clear-cut policy by the Congress contribute to the events we will be exploring in the weeks ahead?” Cheney and his colleagues will argue that because Congress had supported the Contras in the past, its decision not to continue that support was an unforgivable breach, “a form of actionable negligence,” in Dubose and Bernstein’s words, that made it necessary for the Reagan administration to establish “a parallel support network as a ‘bridging’ mechanism until Congress could be brought around to a sensible policy.” Oliver North will echo this concept in his own testimony (see July 7-10, 1987), driving committee Vice Chairman Warren Rudman (R-NH) to retort: “The American people have the Constitutional right to be wrong. And what Ronald Reagan thinks, or what Oliver North thinks or what I think or what anybody else thinks makes not a whit if the American people say, ‘Enough.’” [Dubose and Bernstein, 2006, pp. 72-75]

Entity Tags: Richard Secord, John Nields, Jake Bernstein, Contras, Arthur Liman, Joint House-Senate Iran-Contra Committee, Reagan administration, Lou Dubose, Richard (“Dick”) Cheney, Steven Spielberg, Oliver North

Timeline Tags: Iran-Contra Affair

The Supreme Court rules in the case of Colorado Republican Federal Campaign Committee v. Federal Election Committee. The case originated with advertisements run by the Colorado Republican Party (CRP) in 1986 attacking the Colorado Democratic Party’s likely US Senate candidate. Neither party had yet selected its candidate for that position. The Federal Election Commission (FEC) sued the CRP’s Federal Campaign Committee, saying that its actions violated the “party expenditure provision” of the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976) by spending more than the law allows. The CRP in turn claimed that FECA violated its freedom of speech, and filed a counterclaim. A Colorado court ruled in favor of the CRP, dismissing the counterclaim as moot, but an appeals court overturned the lower court’s decision. The Supreme Court rules 7-2 in favor of the FEC. The decision is unusual, lacking a clear majority, but being comprised of a “plurality” of concurrences. The majority opinion, such as it is, is authored by Justice Stephen Breyer, one of the Court liberals, and is joined by fellow liberal David Souter and conservative Sandra Day O’Connor. Conservatives Anthony Kennedy, William Rehnquist, and Antonin Scalia go farther than Breyer’s majority decision, writing that the provision violates the First Amendment when it restricts as a “contribution” a political party’s spending “in cooperation, consultation, or concert, with a candidate.” In yet another concurrence, conservative Clarence Thomas argues that the entire provision is flatly unconstitutional. Liberals John Paul Stevens and Ruth Bader Ginsburg dissent, agreeing with the appeals court. [Oyez (.org), 2011; Moneyocracy, 2/2012] In 2001, the Court will revisit the case and find its initial ruling generally sound, though the later decision will find that some spending restrictions are constitutional. In the revisiting, four of the Court’s five conservatives will dissent, with the liberals joined by O’Connor. [Oyez (.org), 2011; Moneyocracy, 2/2012]

Entity Tags: Colorado Republican Party, Colorado Democratic Party, Antonin Scalia, Anthony Kennedy, US Supreme Court, Stephen Breyer, William Rehnquist, Clarence Thomas, Federal Election Campaign Act of 1972, David Souter, Colorado Republican Party Federal Campaign Committee, Sandra Day O’Connor, Ruth Bader Ginsburg, Federal Election Commission, John Paul Stevens

Timeline Tags: Civil Liberties

Fox News logo.Fox News logo. [Source: Fox News]Fox News begins broadcasting on US cable television. Fox News provides 24-hour news programming alongside the nation’s only other such cable news provider, CNN. Fox executive Roger Ailes, a former campaign adviser for Richard Nixon, Ronald Reagan and George H. W. Bush (see 1968, January 25, 1988, and September 21 - October 4, 1988), envisions Fox News as a conservative “antidote” to what he calls the “liberal bias” of the rest of American news broadcasting. Ailes uses many of the methodologies and characteristics of conservative talk radio, and brings several radio hosts on his channel, including Sean Hannity and Bill O’Reilly, to host television shows. [Jamieson and Cappella, 2008, pp. 47; New York Magazine, 5/22/2011] Referring to Ailes’s campaign experience, veteran Republican consultant Ed Rollins later says: “Because of his political work, he understood there was an audience. He knew there were a couple million conservatives who were a potential audience, and he built Fox to reach them.” [New York Magazine, 5/22/2011]
Ailes Planned for Fox News as Far Back as 1970 - Ailes began envisioning a conservative news provider to counter what he considers the mainstream media’s “liberal bias” as early as 1970, when he became heavily involved with a Nixon administration plan to plant conservative propaganda in news outlets across the nation (see Summer 1970). In 1971, he headed a short-lived private conservative television news network, Television News Incorporated (TVN—see 1971-1975), which foundered in 1975 in part because of its reporters and staffers balking at reporting Ailes-crafted propaganda instead of “straight” news. Ailes told a New York Times reporter in 1991 that he was leaving politics, saying: “I’ve been in politics for 25 years. It’s always been a detour. Now my business has taken a turn back to my entertainment and corporate clients.” But Ailes misinformed the reporter. He continued to work behind the scenes on the 1992 Bush re-election campaign, providing the campaign with attack points against Democratic contender Bill Clinton (D-AR) and earning the nickname “Deep Throat” from Bush aides. Though Ailes did do work in entertainment, helping develop tabloid television programs such as The Maury Povich Show and heading the cable business news network CNBC for three years, Ailes has continued to stay heavily involved in Republican politics ever since. Ailes became involved in the creation of Fox News in early 1996 after he left NBC, which had canceled his show America’s Talking and launched a new cable news network, MSNBC, without asking for Ailes’s involvement. Fox News is owned by News Corporation (sometimes abbreviated NewsCorp), an international media conglomerate owned by conservative billionaire Rupert Murdoch. When NBC allowed Ailes to leave, Jack Welch, the chairman of NBC’s parent company General Electric, said, “We’ll rue the day we let Roger and Rupert team up.” Murdoch has already tried and failed to buy CNN, and has already begun work on crafting news programs with hard-right slants, such as a 60 Minutes-like show that, reporter Tim Dickinson will write, “would feature a weekly attack-and-destroy piece targeting a liberal politician or social program.” Dan Cooper, the managing editor of the pre-launch Fox News, later says, “The idea of a masquerade was already around prior to Roger arriving.” Eric Burns, who will work for ten years as a Fox News media critic before leaving the network, will say in 2011: “There’s your answer right there to whether Fox News is a conventional news network or whether it has an agenda. That’s its original sin.” To get Fox News onto millions of cable boxes at once, Murdoch paid hundreds of millions of dollars to cable providers to air his new network. Murdoch biographer Neil Chenoweth will later write: “Murdoch’s offer shocked the industry. He was prepared to shell out half a billion dollars just to buy a news voice.” Dickinson will write, “Even before it took to the air, Fox News was guaranteed access to a mass audience, bought and paid for.” Ailes praised Murdoch’s “nerve,” saying, “This is capitalism and one of the things that made this country great.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]
Using Conservative Talk Radio as Template - In 2003, NBC’s Bob Wright will note that Fox News uses conservative talk radio as a template, saying: “[W]hat Fox did was say, ‘Gee, this is a way for us to distinguish ourselves. We’re going to grab this pent-up anger—shouting—that we’re seeing on talk radio and put it onto television.’” CBS News anchor Dan Rather will be more critical, saying that Fox is a reflection of Murdoch’s own conservative political views. “Mr. Murdoch has a business, a huge worldwide conglomerate business,” Rather says. “He finds it to his benefit to have media outlets, press outlets, that serve his business interests. There’s nothing wrong with this. It’s a free country. It’s not an indictable offense. But by any clear analysis the bias is towards his own personal, political, partisan agenda… primarily because it fits his commercial interests.” [New Yorker, 5/26/2003]
Putting Ideology Over Journalistic Ethics, Practices - Ailes, determined not to let journalists with ethical qualms disrupt Fox News as they had his previous attempt at creating a conservative news network (see 1971-1975), brought a hand-picked selection of reporters and staffers with demonstrable conservative ideologies from NBC, including business anchor Neil Cavuto and Steve Doocy, who hosts the morning talk show “Fox and Friends.” Both Cavuto and Doocy are Ailes loyalists who, Dickinson will say, owe their careers to Ailes. Ailes then tapped Brit Hume, a veteran ABC correspondent and outspoken conservative, to host the main evening news show, and former Bush speechwriter Tony Snow as a commentator and host. John Moody, a forcefully conservative ABC News veteran, heads the newsroom. Ailes then went on a purge of Fox News staffers. Joe Peyronnin, who headed the network before Ailes displaced him, later recalls: “There was a litmus test. He was going to figure out who was liberal or conservative when he came in, and try to get rid of the liberals.” Ailes confronted reporters with suspected “liberal bias” with “gotcha” questions such as “Why are you a liberal?” Staffers with mainstream media experience were forced to defend their employment at such venues as CBS News, which he calls the “Communist Broadcast System.” He fired scores of staffers for perceived liberal leanings and replaced them with fiery young ideologues whose inexperience helps Ailes shape the network to his vision. Before the network aired its first production, Ailes had a seminal meeting with Moody. “One of the problems we have to work on here together when we start this network is that most journalists are liberals,” he told Moody. “And we’ve got to fight that.” Reporters and staffers knew from the outset that Fox, despite its insistence on being “fair and balanced” (see 1995), was going to present news with a conservative slant, and if that did not suit them, they would not be at Fox long. A former Fox News anchor later says: “All outward appearances were that it was just like any other newsroom. But you knew that the way to get ahead was to show your color—and that your color was red.” The anchor refers to “red” as associated with “red state,” commonly used on news broadcasts to define states with Republican majorities. Ailes will always insist that while his network’s talk-show hosts, such as O’Reilly, Hannity, and others, are frankly conservative, Fox’s hard-news shows maintain what he calls a “bright, clear line” that separates conservative cant from reported fact. In practice, this is not the case. Before Fox aired its first broadcast, Ailes tasked Moody to keep the newsroom in line. Early each morning, Ailes has a meeting with Moody, often with Hume on speakerphone from the Washington office, where the day’s agenda is crafted. Moody then sends a memo to the staff telling them how to slant the day’s news coverage according to the agenda of those on “the Second Floor,” as Ailes and his vice presidents are known. A former Fox anchor will later say: “There’s a chain of command, and it’s followed. Roger talks to his people, and his people pass the message on down.” After the 2004 presidential election, Bush press secretary Scott McClellan will admit, “We at the White House were getting them talking points.”
Targeting a Niche Demographic - Fox New’s primary viewership defies most demographic wisdom. According to information taken in 2011, it averages 65 years of age (the common “target demographic” for age is the 18-24 bracket), and only 1.38% of its viewers are African-American. Perhaps the most telling statistics are for the Hannity show: 86% describe themselves as pro-business, 84% believe government “does too much,” 78% are “Christian conservatives,” 78% do not support gay rights, 75% are “tea party backers,” 73% support the National Rifle Association, 66% lack college degrees, and 65% are over age 50. A former NewsCorp colleague will say: “He’s got a niche audience and he’s programmed to it beautifully. He feeds them exactly what they want to hear.” Other polls from the same time period consistently show that Fox News viewers are the most misinformed of all news consumers, and one study shows that Fox News viewers become more misinformed the more they watch the network’s programming.
Ailes's Security Concerns Affect Operations, Broadcasting - Ailes is uncomfortable in his office, a second-floor corner suite in the Fox News building at 1211 Avenue of the Americas in Manhattan. His office is too close to the street for his tastes; he believes that gay activists intend to try to harm him, either by attacks from outside the building or through assaults carried out from inside. He also believes that he is a top target for al-Qaeda assassins. Ailes barricades himself behind an enormous mahogany desk, insists on having “bombproof” glass installed in the windows, surrounds himself with heavily-armed bodyguards, and carries a firearm (he has a concealed-carry permit). A monitor on his desk shows him what is transpiring outside his office door; once, when he sees a dark-skinned man wearing what he thought was Muslim garb on the monitor, he will order an immediate lockdown of the entire building, shouting, “This man could be bombing me!” The man will turn out to be a janitor. A source close to Ailes will say, “He has a personal paranoia about people who are Muslim—which is consistent with the ideology of his network.” A large security detail escorts him daily to and from his Garrison, New Jersey home to his Manhattan offices; in Garrison, his house is surrounded by empty homes Ailes has bought to enhance his personal security. According to sources close to Ailes, Fox News’s slant on gay rights and Islamist extremism is colored by Ailes’s fear and hatred of the groups.
'We Work for Fox' - Sean Wilentz, a Princeton historian and Reagan biographer, will say: “Fox News is totalized: It’s an entire network, devoted 24 hours a day to an entire politics, and it’s broadcast as ‘the news.’ That’s why Ailes is a genius. He’s combined opinion and journalism in a wholly new way—one that blurs the distinction between the two.” Dickinson will write: “Fox News stands as the culmination of everything Ailes tried to do for Nixon back in 1968. He has created a vast stage set, designed to resemble an actual news network, that is literally hard-wired into the homes of millions of America’s most conservative voters. GOP candidates then use that forum to communicate directly to their base, bypassing the professional journalists Ailes once denounced as ‘matadors’ who want to ‘tear down the social order’ with their ‘elitist, horse-dung, socialist thinking.’ Ironically, it is Ailes who has built the most formidable propaganda machine ever seen outside of the Communist bloc, pioneering a business model that effectively monetizes conservative politics through its relentless focus on the bottom line.” Former Bush speechwriter David Frum will observe: “Republicans originally thought that Fox worked for us. Now we’re discovering that we work for Fox.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]

Entity Tags: Eric Burns, Tim Dickinson, Neil Cavuto, Dan Cooper, Steve Doocy, Joe Peyronnin, John Moody, David Frum, Sean Wilentz, News Corporation, Scott McClellan, Jack Welch, Tony Snow, MSNBC, Brit Hume, Television News Incorporated, Ronald Reagan, Roger Ailes, CNN, Fox News, CNBC, George Herbert Walker Bush, Sean Hannity, Neil Chenoweth, Ed Rollins, William Jefferson (“Bill”) Clinton, Bill O’Reilly, Nixon administration, Dan Rather, Bob Wright, Rupert Murdoch

Timeline Tags: Domestic Propaganda

After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). [Federal Election Commission, 2002; Center for Responsive Politics, 2002 pdf file; Connecticut Network, 2006 pdf file]
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” [Center for Responsive Politics, 2002 pdf file; White House, 3/27/2002]
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. [Legal Information Institute, 12/2003; ThisNation, 2012]
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). [Legal Information Institute, 12/2003]

Entity Tags: Russell D. Feingold, Mitch McConnell, John McCain, National Rifle Association, George W. Bush, Bipartisan Campaign Reform Act of 2002

Timeline Tags: Civil Liberties

The Bush administration fails to cooperate with the UN inspection regime in Iraq. Inspectors complain that Washington is refusing to provide them with the intelligence they need to do their work. What intelligence they do offer the inspectors, is usually of extremely poor quality. Administration officials deny they are refusing to provide the inspectors with needed intelligence. CBS reports on January 18, 2003: “UN arms inspectors are privately complaining about the quality of US intelligence and accusing the United States of sending them on wild-goose chases…. The inspectors have become so frustrated trying to chase down unspecific or ambiguous US leads that they’ve begun to express that anger privately in no uncertain terms…. UN sources have told CBS News that American tips have lead to one dead end after another.” And whatever intelligence has been provided, reports CBS, has turned out to be “circumstantial, outdated or just plain wrong.” [CBS News, 2/20/2003]

Entity Tags: Bush administration (43), United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]

Entity Tags: Donald Rumsfeld, United Nations Monitoring, Verification and Inspection Commission, International Atomic Energy Agency, Hans Blix, Jacques Baute

Timeline Tags: Events Leading to Iraq Invasion

Bush administration officials launch what appears to be a concerted effort to discredit the inspections after press reports indicate that inspections are going well and that Iraq is cooperating. The Washington Post reports, “In speeches in London, Washington and Denver, Bush, Vice President Cheney and Deputy Defense Secretary Paul Wolfowitz sought to increase pressure on Hussein in advance of a Sunday deadline for the Iraqi leader to declare his inventory of weapons and missiles.” The paper adds, “The coordinated speeches… seemed designed to preempt any positive sign from the UN inspection teams about Iraqi compliance and to set the stage for an early confrontation with Hussein.” [Washington Post, 12/3/2002]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, Paul Wolfowitz

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Saddam Hussein announces that he will continue to permit intrusive inspections. Two days before, inspectors had arrived unannounced at Saddam’s Sajoud palace and were given unfettered access to the site. Saddam says he hopes such visits will disprove US allegations that Iraq has weapons of mass destruction. [Washington Post, 12/6/2002]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” [Guardian, 1/10/2003] But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” [Guardian, 1/10/2003] When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” [White House, 1/9/2003] John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” [Guardian, 1/10/2003] Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution [1441] (see November 8, 2002)…You don’t really have to have a smoking gun.” [News24, 1/10/2003] Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” [Guardian, 1/10/2003]

Entity Tags: John Negroponte, United Nations Monitoring, Verification and Inspection Commission, Ari Fleischer, Jeremy Greenstock, Hans Blix, Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

Some of the documents turned over to the UN by Iraq.Some of the documents turned over to the UN by Iraq. [Source: CIA]United Nations Monitoring, Verification and Inspection Commission chief arms inspector Hans Blix provides a quarterly report to the UN Security Council on the progress of inspections in Iraq, as required by UN Security Resolution 1284 (1999). It is the twelfth such report since UNMOVIC’s inception. Blix’s report to the Council does not contain any evidence to support US and British claims that Iraq has weapons of mass destruction or the programs to develop such weapons. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003] International Atomic Energy Agency (IAEA) Director General Mohamed ElBaradei also reports to the Council and says there are no signs that Iraq has reconstituted its nuclear weapons program. [United Nations, 3/7/2003 pdf file]
UNMOVIC Report by Hans Blix -
bullet There is no evidence that Iraq has mobile biological weapons factories, as was recently alleged by Colin Powell in his February 5 presentation (see February 5, 2003) to the UN. “Several inspections have taken place… in relation to mobile production facilities,” Blix says. “No evidence of proscribed activities has so far been found.” He further explains that his inspectors had examined numerous mobile facilities and large containers with seed processing equipment. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Agence France-Presse, 3/7/2003]
bullet The Iraqi government has increased its cooperation with inspectors since the end of January. It is attempting to quantify the biological and chemical weapons that it says were destroyed in 1991. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraq’s destruction of several Al Samoud II missiles represents a real step towards disarmament. “The destruction undertaken constitutes a substantial measure of disarmament,” he says. “We are not watching the destruction of toothpicks. Lethal weapons are being destroyed.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003] Blix adds, “The destruction undertaken constitutes a substantial measure of disarmament—indeed, the first since the middle of the 1990s.” Major Corrine Heraud, the chief weapons inspector for UNMOVIC in this operation, calls the level of cooperation from the Iraqis “unprecedented,” something that she never would have expected and did not encounter during the 1996-98 inspections. [Middle East Policy Council, 6/2004]
bullet Blix says that the UN inspectors needed a few more months to finish their work. “Even with a proactive Iraqi attitude induced by continued outside pressure, it will still take some time to verify sites and items, analyze documents, interview relevant persons and draw conclusions,” he says, concluding, “It will not take years, nor weeks, but months.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraqi scientists have recently accepted inspectors’ requests to be interviewed without “minders.” “Since we started requesting interviews, 38 individuals were asked for private interviews, of which 10 accepted under our terms, seven during the past week,” Blix explains. [CNN, 3/7/2003]
bullet Some Iraqi scientists have agreed to interviews without “minders”—but more cooperation is needed. Blix says, “While the Iraqi side seems to have encouraged interviewees not to request the presence of Iraqi officials or the taping of the interviews, conditions ensuring the absence of undue influences are difficult to attain inside Iraq.” [CNN, 3/7/2003] Iraq needs to turn over more documents. “Iraq, with a highly developed administrative system, should be able to provide more documentary evidence about its proscribed weapons. Only a few new such documents have come to light so far and been handed over since we began.” [CNN, 3/7/2003] There is no evidence of underground weapons facilities. Blix says: “There have been reports, denied by Iraq, that proscribed activities are conducted underground. Iraq should provide information on underground structures suitable for the production or storage of weapons of mass destruction. During inspections of declared or undeclared facilities, inspectors examined building structures for any possible underground facilities. In addition, ground-penetrating radar was used in several locations. No underground facilities for chemical or biological production or storage were found.” [CNN, 3/7/2003]
IAEA report by Mohamed ElBaradei -
bullet There is no evidence that the aluminum tubes imported by Iraq in July 2001 were meant for a nuclear weapons program. ElBaradei says: “Extensive field investigation and document analysis have failed to uncover any evidence that Iraq intended to use these 81mm tubes for any project other than the reverse engineering of rockets.… Moreover, even had Iraq pursued such a plan, it would have encountered practical difficulties in manufacturing centrifuges out of the aluminum tubes in question.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003]
bullet There is no evidence that Iraq tried to obtain uranium from Niger. Documents provided to the International Atomic Energy Agency by the US were determined to be forgeries. The documents were a collection of letters between an Iraqi diplomat and senior Niger officials discussing Iraq’s interest in procuring a large amount of uranium oxide (see Afternoon October 7, 2002). “Based on thorough analysis, the IAEA has concluded, with the concurrence of outside experts, that documents which formed the basis for the reports of recent uranium transactions between Iraq and Niger are in fact not authentic,” ElBaradei explains. “We have therefore concluded that these specific allegations are unfounded” (see June 12, 2003). [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003; Globe and Mail, 3/8/2003; Guardian, 3/8/2003]
bullet The IAEA has yet to come across evidence of a nuclear weapons program. “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq,” ElBaradei states. “[T]here is no indication of resumed nuclear activities in those buildings that were identified through the use of satellite imagery as being reconstructed or newly erected since 1998, nor any indication of nuclear-related prohibited activities at any inspected sites.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Globe and Mail, 3/8/2003; Washington Post, 3/8/2003]
bullet In a direct response to allegations made by Colin Powell on February 5 (see February 5, 2003) related to the attempted procurement of magnets that could be used in a gas centrifuge, ElBaradei, says: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters, and field telephones. Through visits to research and production sites, reviews of engineering drawings, and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” [United Nations, 3/7/2003 pdf file]
bullet Iraq’s industrial capacity “has deteriorated” at the inspected sites because of lack of maintenance and funds. [United Nations, 3/7/2003 pdf file]
bullet ElBaradei concludes: “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq.… I should note that, in the past three weeks, possibly as a result of ever-increasing pressure by the international community, Iraq has been forthcoming in its cooperation, particularly with regard to the conduct of private interviews and in making available evidence that contributes to the resolution of matters of IAEA concern.” [Middle East Policy Council, 6/2004]
Inspections 'Fruitful,' Say French, Russians - Both sides claim that the reports give further support to each of their respective stances on the issue of Iraqi disarmament. French Foreign Minister Dominique de Villepin tells the Council that the reports “testify to the progress” of the inspections. He states that France will not support another resolution because “we cannot accept any ultimatum, any automatic use of force.” Russian Foreign Minister Igor Ivanov says that the reports demonstrate that inspections have been “fruitful.”
Inspections Not Working, US Claims - The Bush administration does not alter its position, despite statements by the two inspectors that Iraq is cooperating with inspections and complying with demands to disarm. Colin Powell, responding to the inspectors’ reports, reiterates the administration’s position that the inspections are not working and that Saddam is not cooperating. “We must not walk away,” Powell says. “We must not find ourselves here this coming November with the pressure removed and with Iraq once again marching down the merry path to weapons of mass destruction, threatening the region, threatening the world.” He claims that Iraq’s behavior is a “a catalog still of noncooperation” and repeats the administration’s allegation that the “Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” Back at the White House, Ari Fleischer tells reporters, “As the president has said, if the United Nations will not disarm Saddam Hussein, it will be another international organization, a coalition of the willing that will be made up of numerous nations that will disarm Saddam Hussein.” [CNN, 3/6/2003; CNN, 3/7/2003; Independent, 3/7/2003; US Department of State, 3/7/2003 pdf file]
Bush: Missile Destruction 'Meaningless' - Bush himself will call the destruction of Iraqi missiles “meaningless” and nothing more than an Iraqi “campaign of destruction,” shocking UNMOVIC inspectors: “We didn’t know what to make of [his words],” one inspector says afterwards. Former State Department official Patrick Lang will write: “In the final weeks of the countdown to war, the administration’s actions resembled nothing so much as some of the madder scenes from Alice in Wonderland. The fact that the documents the administration had used to ‘prove’ that Iraq was working on nuclear weapons were forged only led to greater insistence that Iraq was a danger. The absence of discovery of WMD by the UN inspectors was only further evidence that the Iraqis were the greatest deceivers in history and that they had succeeded in concealing their location. The destruction of the Al Samoud missiles was just more evidence of a ‘grand deception.’” [Middle East Policy Council, 6/2004]
Uranium Allegations 'Outrageous,' Says Former Ambassador - The Washington Post and Los Angeles Times do give the story front-page coverage, and on CNN, former ambassador Joseph Wilson (see July 6, 2003) calls the uranium allegation “outrageous,” adding that the claim “taints the whole rest of the case that the government is trying to build against Iraq.” The US government is “simply stupid” for not finding out the truth sooner: “a couple of phone calls” could have proven that such a deal between Iraq and Niger could not have happened: “All this stuff is open,” Wilson says. “It’s a restricted market of buyers and sellers.” [Rich, 2006, pp. 71]
IAEA Report 'Widely Ignored' - Author and media critic Frank Rich will later note, “With America’s March 17 deadline for war (see March 17, 2003 and March 17, 2003) dominating the news, ElBaradei’s pronoucements were widely ignored. The news of the forged uranium documents did not make any of the three network evening newscasts and did not appear in the following day’s New York Times. (It would turn up a day later, in a four-hundred word story on page A13.)” [Rich, 2006, pp. 71]

Entity Tags: Corrine Heraud, Ari Fleischer, Colin Powell, Dominique de Villepin, Patrick Lang, Frank Rich, Mohamed ElBaradei, International Atomic Energy Agency, Joseph C. Wilson, United Nations Monitoring, Verification and Inspection Commission, Igor Ivanov, Hans Blix

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

UN Secretary General Kofi Annan orders all UN weapons inspectors, peacekeepers, and humanitarian aid workers to withdraw from Iraq. [Washington File, 3/17/2003] UN inspectors have been in Iraq since November 18 (see November 18, 2002). During their four months of work in Iraq, they inspected hundreds of sites (some of them more than once) and found no evidence of ongoing WMD programs. Their work was reportedly obstructed, not by the Iraqis, but by the US, which refused to provide inspectors with the intelligence they needed to identify sites for inspection (see February 12, 2003, December 5, 2002, December 6, 2002, December 20, 2002, and January 11, 2003). Of the 105 sites identified by US intelligence as likely housing illicit weapons, 21 were deliberately withheld from inspectors. [Bamford, 2004, pp. 344] Reflecting on the inspections in 2009, Hans Blix, the chief of the UN weapons inspection team, will say: “In March 2003, when the invasion took place, we could not have stood up and said, ‘There is nothing,’ because to prove the negative is really not possible. What you can do is to say that we have performed 700 inspections in some 500 different sites, and we have found nothing, and we are ready to continue. If we had been allowed to continue a couple of months, we would have been able to go to all of the some hundred sites suggested to us, and since there weren’t any weapons of mass destruction, that’s what we would have reported. And then I think that, at that stage, certainly the intelligence ought to have drawn the conclusion that their evidence was poor.” [Vanity Fair, 2/2009]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Bush administration (43), International Atomic Energy Agency, Hans Blix, Kofi Annan

Timeline Tags: Events Leading to Iraq Invasion

The cover of ‘Conservatives Without Conscience.’The cover of ‘Conservatives Without Conscience.’ [Source: Barnes and Noble (.com)]Author and former Nixon White House counsel John Dean writes in his book Conservatives Without Conscience that it was never public opinion that drove Richard Nixon to resign his office (see August 8, 1974).
Loss of Support among White House Officials Forced Resignation - In 1981, social scientist Bob Altermeyer wrote in his book Right Wing Authoritarianism that Nixon resigned, not because of his plummeting poll ratings, but “because [Nixon]‘s attorney had forced the disclosure of evidence so damaging that it seemed certain he would be convicted of high crimes by the Senate.” Dean approvingly cites Altermeyer’s conclusion and adds, “This is true, but there is more to the story.” Nixon had a number of legal recourses to answer any charges brought against him, Dean writes, “many of which [President] Bush and [Vice President] Cheney are promoting today under the rubric of national security and the inherent power of the presidency.” Nixon finally resigned, Dean argues, not because of public opinion, or of fear of the law, or even because of the erosion of support he suffered among members of Congress. It was the abandonment of Nixon by his own defenders in the White House that finally drove Nixon to resign. “Other than White House counsel Fred Buzhardt, and possibly chief of staff Al Haig (with whom Buzhardt had roomed at West Point), no one was aware that Nixon was lying about what he knew and when he knew it once the cover-up had initially fallen apart. Nixon provided the lawyer he had hired to defend him in the House’s impeachment inquiry (see May 9, 1974), James St. Clair, with false information, and St. Clair—as it happened—was a man of integrity and not a right-wing authoritarian follower. When he found out that his client had lied to him he had two choices: to resign or to join the new cover-up. He was, as it happened, interested in participating in the latter.”
Bush, Cheney Would Defy Law, Dean Argues - Dean continues: “Nixon at one point considered defying the Supreme Court ruling that he turn over his incriminating tapes (evidence that revealed that his defense was a sham) (see July 24, 1974) on the very grounds that Bush and Cheney argue. They have authority under the Constitution to read it and comply with it as they see fit. Once it was apparent that Richard Nixon had broken the law, he made the most significant decision of his presidency: the decision to honor the rule of law and resign.… [T]here is little doubt in my mind that Bush and Cheney, in the same situation, would not budge; rather, they would spin the facts as they always have, and move forward with their agenda. The president and vice president, it appears, believe the lesson of Watergate was not to stay within the law, but rather not to get caught. And if you do get caught, claim that the president can do whatever he thinks necessary in the name of national security.” [Dean, 2006, pp. 181-182]

Entity Tags: George W. Bush, Alexander M. Haig, Jr., Fred Buzhardt, Richard (“Dick”) Cheney, James St. Clair, Richard M. Nixon, John Dean, Bob Altermeyer

Timeline Tags: Nixon and Watergate

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) [Marcy Wheeler, 2/8/2007; New York Times, 2/15/2007]
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” [Christy Hardin Smith, 2/15/2007] Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. [Salon, 2/15/2007] Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” [Marcy Wheeler, 2/8/2007]
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. [Christy Hardin Smith, 2/15/2007]

Entity Tags: Bush administration (43), American Thinker, Robert Cox, Scott Shane, Sheldon Snook, Arianna Huffington, New York Times, “Swopa”, “eRiposte”, National Review, Reggie B. Walton, Marcy Wheeler, Media Bloggers Association, FireDogLake, Gene Borio, Glenn Greenwald, Christy Hardin Smith, Jeralyn Merritt, Karl C. Rove, Lewis (“Scooter”) Libby, Jane Hamsher

Timeline Tags: Niger Uranium and Plame Outing

James Reston Jr.James Reston Jr. [Source: James Reston, Jr]James Reston Jr., a member of David Frost’s research team for the famous Nixon-Frost interviews (see Early 1976), publishes his book, The Conviction of Richard Nixon, about those debates and their echoes in the actions of the Bush administration. Reston writes that “it might be argued that the post-September 11 domestic abuses find their origin in Watergate. In 1977 the commentators were shocked when Nixon said about his burglaries and wiretaps, ‘If the president does it, that means it’s not illegal’ (see April 6, 1977).… These brazen words… come eerily down to us through the tunnel of the last thirty years.”
Presidential Immunity - Reston writes: “In the area of criminal activity, Nixon argues, the president is immune. He can eavesdrop; he can cover up; he can approve burglaries; he can bend government agencies like the CIA and the FBI to his own political purposes. He can do so in the name of ‘national security’ and ‘executive privilege.’ And when these acts are exposed, he can call them ‘mistakes’ or ‘stupid things’ or ‘pipsqueak’ matters. In the 21st century, Nixon’s principle has been extended to authorizing torture, setting up secret prisons around the world, and ignoring the requirement for search warrants. A president can scrap the Geneva Convention and misuse the Defense Department and lie about the intelligence analyses. He is above the law. This is especially so when the nation is mired in an unpopular war, when the country is divided, when mass protests are in the streets of America, and an American president is pilloried around the world. If Nixon’s words resonate today, so also does the word Watergate.”
Echoes of Nixon and Watergate - Reston continues: “Again the nation is in a failing, elective war. A Nixon successor is again charged with abuse of power in covering up and distorting crucial facts as he dragged the country, under false pretenses, into war. Again secrecy reigns in the White House, and the argument is made that national security trumps all.… In 2007 the issue has returned with a vengeance. And one can become almost wistful in realizing that the period after Watergate brought an era of reform. A campaign finance law was passed; Congress reasserted its control over intelligence activities; and moral codes were enunciated for public officials. National security, the New York Times editorialized after the interviews, was no longer ‘the magic incantation’ that automatically paralyzed inquiry. After September 11, the incantation became magic again. And so, people have asked, after the Bush presidency, who will be his David Frost? It is hard to imagine that there will be one.” [Reston, 2007, pp. 9-10, 180]

Entity Tags: US Department of Defense, James Reston, Jr, George W. Bush, Federal Bureau of Investigation, David Frost, Central Intelligence Agency, Richard M. Nixon, Geneva Conventions

Timeline Tags: Nixon and Watergate

The Pentagon produces a classified report assessing the damage the whistleblower website WikiLeaks could cause to it. The report concludes that “WikiLeaks.org represents a potential force protection, counterintelligence, OPSEC [operational security], and INFOSEC [information security] threat to the US Army.” WikiLeaks published information about US Army operations in Iraq, Afghanistan, and Guantanamo the previous year. The report says some of the interpretations WikiLeaks puts upon released documents are incorrect, but does not detail specific examples. The author also speculates that the organization is actually supported by the CIA. [New York Times, 3/17/2010] The report itself will later be leaked to WikiLeaks and published by it (see March 15, 2010).

Entity Tags: US Department of Defense, WikiLeaks

Timeline Tags: Misc Entries, Domestic Propaganda

Obama’s birth certificate, obtained from the Hawaii Department of Health.Obama’s birth certificate, obtained from the Hawaii Department of Health. [Source: FightTheSmears (.com)]Senator Barack Obama (D-IL), running for the Democratic nomination for president, releases a digitally scanned copy of his Hawaiian birth certificate. His campaign is responding to persistent rumors that he is not a legitimate American citizen. In the process of releasing the certificate, Obama’s campaign also launches a Web site called Fight The Smears, devoted to debunking the allegations that, among other things, Obama is not a citizen, he is a closet Muslim, he took his oaths for political office on a copy of the Koran, he refuses to say the Pledge of Allegiance, and other falsehoods. As Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu at 7:24 p.m. on August 4, 1961, his birth certificate comes under Hawaiian state law, and those laws state birth certificates are not public records. Only the individuals, or immediate family members, may request copies. The copy of the birth certificate released by the Obama campaign confirms that his name is legitimately “Barack Hussein Obama,” not “Barack Muhammed Obama,” “Barry Soetoro,” or other claimed variants, and states that Obama’s mother is Stanley Ann Dunham, an American, and his father is Barack Hussein Obama, an “African.” The birth certificate release only inflames the “birther” claims that Obama is hiding his true citizenship, religion, political alliances, and other such personal facts (see June 27, 2008). [St. Petersburg Times, 6/27/2008; St. Petersburg Times, 7/1/2009; Honolulu Advertiser, 7/28/2009]

Entity Tags: Barack Obama, Ann Dunham, Kapiolani Maternity & Gynecological Hospital, Barack Obama, Sr

Timeline Tags: Domestic Propaganda, 2008 Elections

Alan Keyes.Alan Keyes. [Source: WorldNetDaily (.com)]Alan Keyes (R-IL), the unsuccessful presidential candidate who ran under the American Independent Party banner, files a petition, Keyes v. Bowen, with the Superior Court of California in Sacramento. The action is filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, along with well-known “birther” lawyer Orly Taitz. Two California electors, Wiley S. Drake and Markham Robinson, are also named with Keyes in the action. Keyes’s “Petition for Writ of Mandate” claims that President-elect Barack Obama (D-IL)‘s US citizenship is unproven (see (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) and therefore he must be stopped from taking office until it is proven one way or the other. “Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” the petition states, “Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.” The petition requests that Secretary of State Debra Bowen be prevented “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya, or Great Britain.” It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced. The defendants include Bowen, Obama, Vice President-elect Joseph Biden (D-DE), and the 55 California electors. The petition uses a fraudulently edited audiotape (see October 16, 2008 and After) as primary evidence that Obama was born in Kenya and is therefore ineligible to be president. Referring to the tape’s transcript, and a previously dismissed lawsuit by Philip Berg (see August 21-24, 2008) currently using the same audiotape to justify an appellate reversal, Keyes writes, “Mr. Berg provided documents [to the Supreme Court] to the effect that Senator Obama was born in what is now Kenya… and that his paternal grandmother was present at his birth.” The petition states as a “fact” that Obama’s paternal grandmother stated that “she was present during [his] birth… [she] affirmed that she ‘was in the delivery room in Kenya when he was born Aug. 4, 1961.’” The suit asks that the court issue an immediate injunction prohibiting California’s 55 electors from voting for Obama in the upcoming Electoral College vote on December 15, 2008, which would prevent Obama from being officially declared president. Keyes’s writ asks that documentary proof be received and verified by the California secretary of state that the allegations are false and that Obama is affirmatively proven to be a “natural born citizen” by a series of tests not required of any previous president-elect. Investigative blogger Greg Doudna will speculate that Keyes’s extraordinary actions have been sparked in part because he has now been twice defeated by Obama in elections; Obama defeated him in an Illinois election for US Senate in 2004. [Keyes et al v. Bowie et al, 11/13/2008 pdf file; WorldNetDaily, 11/14/2008; Sacramento Union, 11/15/2008; Greg Doudna, 12/9/2008 pdf file] After filing the lawsuit, Keyes tells a reporter: “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new president can take office under no shadow of doubt. This will be good for him and for the nation.” [Sacramento Union, 11/15/2008]
'Pure Garbage' - An Obama spokesperson tells WorldNetDaily: “All I can tell you is that it [the petition] is just pure garbage. There have been several lawsuits, but they have been dismissed.” [WorldNetDaily, 11/13/2008]
Affidavit from Phony 'Computer Graphics Expert' - Self-described “computer graphics expert” “Dr. Ron Polarik,” a conservative blogger, records a video (that blurs his face and disguises his voice) explaining how the actual Obama birth certificate was forged using Photoshop. Polarik submits an affidavit in support of the filing, but because he signs it “XXXXXXXXXXX,” the affidavit is inadmissible. Kreep later tells a reporter, “If it ever comes down to it, we’ll use his real name.” [Washington Independent, 7/24/2009] The Berg lawsuit also used material supplied by Polarik. Computer forensics expert Dr. Neal Krawetz later determines that Polarik’s analysis is a clumsy fraud perpetuated by an amateur with no real expertise. [Neal Krawetz, 11/25/2008; Washington Independent, 7/24/2009; Hacker Factor, 2011] Libertarian lawyer Loren Collins later traces a timeline of what he will call Polarik’s “ever-changing resume,” and questions Polarik’s claims to his several doctorates and areas of expertise. [Loren Collins, 7/7/2009] Collins later discovers that “Polarik” is actually a man named Ronald Jay Polland, who holds a doctorate in instructional systems, has experience conducting surveys and statistical reports, operates a one-man consulting firm in Florida, and describes himself on his MySpace page as an “[e]xpert advisor on relationships, romance, and… dating.” Polland’s resume, unlike “Polarik’s,” claims no expertise in document forensics, computing systems, or graphics. [Loren Collins, 7/29/2009] Krawetz will learn that Polland claimed to use a pseudonym on the Internet because “he fears threats from Obama supporters.” [Neal Krawetz, 11/25/2008]

Entity Tags: Debra Bowen, Loren Collins, Gary Kreep, Greg Doudna, Joseph Biden, Markham Robinson, Neal Krawetz, Barack Obama, Wiley S. Drake, Alan Keyes, Philip J. Berg, Orly Taitz, US Electoral College, United States Justice Foundation, Ronald Jay Polland

Timeline Tags: Domestic Propaganda, 2008 Elections

A lawsuit filed by failed presidential candidate Alan Keyes and handled by lawyers Orly Taitz and Gary Kreep (see November 12, 2008 and After) is dismissed by the Superior Court of California. The lawsuit asked that since President Obama’s US citizenship is “unproven,” the court bar him from serving as president until the issue is “resolved.” [Superior Court of California, 3/13/2009] Appeals of the lawsuit, going all the way to the California Supreme Court, will be dismissed as well. [Disposition: Keyes v. Bowen, 2/2/2011]

Entity Tags: Barack Obama, Orly Taitz, Gary Kreep, Alan Keyes

Timeline Tags: Domestic Propaganda, 2008 Elections

The US Supreme Court hears the case of Citizens United v. Federal Election Commission, in which the Federal Election Commission (FEC) refused to let the conservative lobbying organization Citizens United (CU) air a film entitled Hillary: The Movie during the 2008 presidential primary season (see January 10-16, 2008). The FEC ruled that H:TM, as some have shortened the name, was not a film, but a 90-minute campaign ad with no other purpose than to smear and attack Senator Hillary Clinton (D-NY) as being unfit to hold office. A panel of appeals judges agreed with the FEC’s ruling, which found the film was “susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” As a campaign ad, the film’s airing on national network television came under campaign finance laws, particularly since the film was financed by corporate political donations. CU was allowed to air the film in theaters and sell it in DVD and other formats, but CU wanted to pay $1.2 million to have the movie aired on broadcast cable channels and video-on-demand (pay per view) services, and to advertise its broadcast. CU president David Bossie (see May 1998) hired former Bush Solicitor General Theodore Olson after the Supreme Court agreed to hear the case. Bossie denies that he chose Olson because of their shared loathing of the Clintons—they worked together to foment the “Arkansas Project,” a Clinton smear effort that resulted in Congress unsuccessfully impeaching President Clinton—but because Olson gave “us the best chance to win.” Bossie dedicated the Clinton film to Barbara Olson, Olson’s late wife, who died in the 9/11 attacks (see (9:20 a.m.) September 11, 2001). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] “I just don’t see how the Federal Election Commission has the authority to use campaign-finance rules to regulate advertising that is not related to campaigns,” Bossie told reporters last year. [Christian Science Monitor, 2/1/2008]
Uphold or Cut Back McCain-Feingold? - Observers, unaware of the behind-the-scenes machinations, believe the case gives the Court the opportunity to either uphold or cut back the body of law stemming from the Bipartisan Campaign Reform Act (BCRA, or McCain-Feingold) campaign finance law (see March 27, 2002), which limits the ability of corporations and labor unions to spend unlimited amounts of money on political advertising before elections. CU is arguing that the BCRA is unconstitutional, having argued before a previous court that the the BCRA law was unconstitutional in the way it was being enforced by the FEC against its film. In its brief to the Court, CU denies the film is any sort of “electioneering,” claiming: “Citizens United’s documentary engages in precisely the political debate the First Amendment was written to protect… The government’s position is so far-reaching that it would logically extend to corporate or union use of a microphone, printing press, or the Internet to express opinions—or articulate facts—pertinent to a presidential candidate’s fitness for office.” The Justice Department, siding with the FEC, calls the film an “unmistakable” political appeal, stating, “Every element of the film, including the narration, the visual images and audio track, and the selection of clips, advances the clear message that Senator Clinton lacked both the integrity and the qualifications to be president of the United States.” The film is closer to a political “infomercial” than a legitimate documentary, the Justice Department argues. The film’s “unmistakable message is that Senator Clinton’s character, beliefs, qualifications, and personal history make her unsuited to the office of the President of the United States,” according to a Justice Department lawyer, Edwin Kneedler, who filed a brief on behalf of the FEC. The Justice Department wants the Court to uphold FEC disclosure requirements triggered by promotional ads, while Olson and CU want the Court to strike down the requirements. Olson says financial backers of films such as H:TM may be reluctant to back a film if their support becomes publicly known. Kneedler, however, writes that such disclosure is in the public interest. The Reporters Committee for Freedom of the Press (RCFP) is joining CU in its court fight, stating in a brief, “By criminalizing the distribution of a long-form documentary film as if it were nothing more than a very long advertisement, the district court has created uncertainty about where the line between traditional news commentary and felonious advocacy lies.” Scott Nelson of the Public Citizen Litigation Group, which supports the BCRA, disagrees with RCFP’s stance, saying, “The idea that [the law] threatens legitimate journalism and people who are out creating documentaries, I think, is a stretch.” [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] The RCFP has said that the movie “does not differ, in any relevant respect, from the critiques of presidential candidates produced throughout the entirety of American history.” And a lawyer with the RCFP, Gregg P. Leslie, asked, “Who is the FEC to decide what is news and what kind of format news is properly presented in?” [New York Times, 3/5/2009]
Filled with False Information - The movie was relentlessly panned by critics, who found much of its “information” either misrepresentative of Clinton or outright false. CU made several other films along with the Clinton documentary, which included attacks on filmmaker Michael Moore, the American Civil Liberties Union, illegal immigrants, and Clinton’s fellow presidential contender Barack Obama (D-IL—see October 28-30, 2008). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009]
Arguments Presented - Olson and his opponent, Deputy Solicitor General Malcolm Stewart, present arguments in the case to the assembled Court. Traditionally, lawyers with the Solicitor General (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. New Yorker reporter Jeffrey Toobin later writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who clerked for former Justice Harry Blackmun and is a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. Justice Samuel Alito, a conservative justice with a penchant for asking tough questions that often hide their true intentions behind carefully neutral wording, is interested in seeing how far he can push Stewart’s argument. Does the BCRA apply only to television commercials, he asks, or might it regulate other means of communication during a federal campaign? “Do you think the Constitution required Congress to draw the line where it did, limiting this to broadcast and cable and so forth?” Could the law limit a corporation from “providing the same thing in a book? Would the Constitution permit the restriction of all those as well?” Stewart says that the BCRA indeed imposes such restrictions, stating, “Those could have been applied to additional media as well.” Could the government regulate the content of a book? Alito asks. “That’s pretty incredible. You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy, that could be banned?” Stewart, who tardily realizes where Alito was going, attempts to recover. “I’m not saying it could be banned,” he responds. “I’m saying that Congress could prohibit the use of corporate treasury funds and could require a corporation to publish it using its—” Justice Anthony Kennedy, considered a “swing” justice in some areas but a reliable conservative vote in campaign-spending cases, interrupts Stewart. “Well, suppose it were an advocacy organization that had a book,” Kennedy says. “Your position is that, under the Constitution, the advertising for this book or the sale for the book itself could be prohibited within the 60- and 30-day periods?” Stewart gives what Toobin later calls “a reluctant, qualified yes.” At this point, Roberts speaks up. According to Toobin, Roberts intends to paint Stewart into something of a corner. “If it has one name, one use of the candidate’s name, it would be covered, correct?” Roberts asks. Stewart responds, “That’s correct.” Roberts then asks, “If it’s a 500-page book, and at the end it says, ‘And so vote for X,’ the government could ban that?” Stewart responds, “Well, if it says ‘vote for X,’ it would be express advocacy and it would be covered by the preexisting Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980) provisions.” Toobin later writes that with their “artful questioning, Alito, Kennedy, and Roberts ha[ve] turned a fairly obscure case about campaign-finance reform into a battle over government censorship.” Unwittingly, Stewart has argued that the government has the right to censor books because of a single line. Toobin later writes that Stewart is incorrect, that the government could not ban or censor books because of McCain-Feingold. The law applies to television advertisements, and stems from, as Toobin will write, “the pervasive influence of television advertising on electoral politics, the idea that commercials are somehow unavoidable in contemporary American life. The influence of books operates in a completely different way. Individuals have to make an affirmative choice to acquire and read a book. Congress would have no reason, and no justification, to ban a book under the First Amendment.” Legal scholars and pundits will later argue about Stewart’s answers to the three justices’ questions, but, as Toobin will later write, “the damage to the government’s case had been profound.” [New Yorker, 5/21/2012]
Behind the Scenes - Unbeknownst to the lawyers and the media, the Court initially renders a 5-4 verdict in favor of CU, and strikes down decades of campaign finance law, before withdrawing its verdict and agreeing to hear rearguments in the fall (see June 29, 2009). Toobin will write that the entire case is orchestrated behind the scenes, by Roberts and his fellow majority conservatives. Toobin will write of “a lengthy and bitter behind-the-scenes struggle among the justices that produced both secret unpublished opinions and a rare reargument of a case” that “reflects the aggressive conservative judicial activism of the Roberts Court.” Toobin will write that although the five conservatives are involved in broadening the scope of the case, and Kennedy actually writes the majority decision, “the result represented a triumph for Chief Justice Roberts. Even without writing the opinion, Roberts, more than anyone, shaped what the Court did. As American politics assumes its new form in the post-Citizens United era, the credit or the blame goes mostly to him.” The initial vote on the case is 5-4, with the five conservative justices—Alito, Kennedy, Roberts, Scalia, and Clarence Thomas—taking the majority.
Expansive Concurrence Becomes the Majority Opinion - At the outset, the case is decided on the basis of Olson’s narrow arguments, regarding the issue of a documentary being made available on demand by a nonprofit organization (CU). Roberts takes the majority opinion onto himself. The four liberals in the minority are confident Roberts’s opinion would be as narrow as Olson’s arguments. Roberts’s draft opinion is indeed that narrow. Kennedy writes a concurrence opining that the Court should go further and overturn McCain-Feingold, the 1990 Austin decision (see March 27, 1990), and end the ban on corporate donations to campaigns (see 1907). When the draft opinions circulates, the other three conservatives begin rallying towards Kennedy’s more expansive concurrence. Roberts then withdraws his draft and lets Kennedy write the majority opinion in line with his concurrence. Toobin later writes: “The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. Roberts’s approach to Citizens United conflicted with the position he had taken earlier in the term.” During arguments in a different case, Roberts had “berated at length” a lawyer “for his temerity in raising an issue that had not been addressed in the petition. Now Roberts was doing nearly the same thing to upset decades of settled expectations.”
Dissent - The senior Justice in the minority, John Paul Stevens, initially assigns the main dissent to Justice David Souter. Souter, who is in the process of retiring from the Court, writes a stinging dissent that documents some of the behind-the-scenes machinations in the case, including an accusation that Roberts violated the Court’s procedures to get the outcome he wanted. Toobin will call Souter’s planned dissent “an extraordinary, bridge-burning farewell to the Court” that Roberts feels “could damage the Court’s credibility.” Roberts offers a compromise: Souter will withdraw his dissent if the Court schedules a reargument of the case in the fall of 2009 (see June 29, 2009). The second argument would feature different “Questions Presented,” and the stakes of the case would be far clearer. The four minority justices find themselves in something of a conundrum. They feel that to offer the Kennedy opinion as it stands would be to “sandbag” them and the entire case, while a reargument would at least present the issues that the opinion was written to reflect. And there is already a 5-4 majority in favor of Kennedy’s expansive opinion. The liberals, with little hope of actually winning the case, agree to the reargument. The June 29, 2009 announcement will inform the parties that the Court is considering overturning two key decisions regarding campaign finance restrictions, including a decision rendered by the Roberts court (see March 27, 1990 and December 10, 2003) and allow essentially unlimited corporate spending in federal elections. Court observers will understand that the Court is not in the habit of publicly asking whether a previous Court decision should be overruled unless a majority is already prepared to do just that. Toobin will call Roberts and his four colleagues “impatient” to make the decision, in part because an early decision would allow the ruling to impact the 2010 midterm elections. [New Yorker, 5/21/2012]
Created to Give Courts Shot at McCain-Feingold - Critics, as yet unaware of the behind-the-scenes maneuvering, will later say that CU created the movie in order for it to fall afoul of the McCain-Feingold campaign finance law, and give the conservatives on the Court the opportunity to reverse or narrow the law. Nick Nyhart of Public Campaign will say: “The movie was created with the idea of establishing a vehicle to chip away at the decision. It was part of a very clear strategy to undo McCain-Feingold.” Bossie himself will later confirm that contention, saying: “We have been trying to defend our First Amendment rights for many, many years. We brought the case hoping that this would happen… to defeat McCain-Feingold.” [Washington Post, 1/22/2010] CU’s original lawyer on the case, James Bopp, will later verify that the case was brought specifically to give the Court a chance to cut back or overturn campaign finance law (see January 25, 2010). The Court will indeed overturn McCain-Feingold in the CU decision (see January 21, 2010).

Entity Tags: Clarence Thomas, US Department of Justice, Theodore (“Ted”) Olson, Scott Nelson, US Supreme Court, Bipartisan Campaign Reform Act of 2002, Citizens United, Barbara Olson, American Civil Liberties Union, Anthony Kennedy, Barack Obama, Samuel Alito, Reporters Committee for Freedom of the Press, William Jefferson (“Bill”) Clinton, Michael Moore, Hillary Clinton, Gregg P. Leslie, Nick Nyhart, Edwin Kneedler, David Souter, Federal Election Commission, James Bopp, Jr, John Paul Stevens, David Bossie, John G. Roberts, Jr, Jeffrey Toobin, Malcolm Stewart

Timeline Tags: Civil Liberties

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The fraudulent birth certificate presented by California lawyer Orly Taitz ‘proving’ that Barack Obama was born in a Kenyan hospital.The fraudulent birth certificate presented by California lawyer Orly Taitz ‘proving’ that Barack Obama was born in a Kenyan hospital. [Source: Snopes (.com)]California attorney Orly Taitz posts an image of what she says is President Obama’s “true” birth certificate, this one issued in Kenya (see June 13, 2008). Taitz then files a motion in federal court to prove its authenticity. The conservative news blog WorldNetDaily (WND) quickly publishes an article repeating Taitz’s claim. WND notes that the Kenyan document lists Obama’s parents as “Barack Hussein Obama and Stanley Ann Obama, formerly Stanley Ann Dunham.” The birth date is August 4, 1961, and the hospital of birth is Coast General Hospital in Mombasa, Kenya. The document lists no attending doctor. It does list the signature of the deputy registrar of Coast Province, Joshua Simon Oduya. According to the document, it was issued as a certified copy of the original in February 1964. WND claims that it has compared the Taitz document to other Kenyan birth certificates, and, it concludes, “the form of the documents appear to be identical.” WND admits that other fraudulent Kenyan birth certificates have recently been posted on the Internet, but, it says, “[t]he new document released by Taitz bears none of the obvious traits of a hoax.” Critics note that the Taitz document was certified as being issued by the Republic of Kenya on February 17, 1964, though the Republic of Kenya did not come into existence until December 1964. However, WND says, “Kenya’s official independence was in 1963, and any number of labels could have been applied to government documents during that time period.” According to WND, Taitz says she received the document “from an anonymous source who doesn’t want his name known because ‘he’s afraid for his life.’” Taitz’s court filing, in the US District Court for the Central District of California, requests the purported evidence of Obama’s birth—both the alleged birth certificate and foreign records not yet obtained—be preserved from destruction, asks for permission to legally request documents from Kenya, and seeks a subpoena for deposition from Secretary of State Hillary Clinton. Taitz tells WND: “I filed the motion with the court asking for expedited discovery, which would allow me to start subpoenas and depositions even before Obama and the government responds. I am asking the judge to give me the power to subpoena the documents from the Kenyan embassy and to require a deposition from Hillary Clinton so they will be forced to authenticate [the birth certificate]. I’m forcing the issue, where Obama will have to respond.… Before, they said, ‘You don’t have anything backing your claims.’ Now I have something. In fact, I have posted on the Internet more than Obama has (see June 13, 2008). My birth certificate actually has signatures.” Taitz says she plans to file more documents with the court in the following days. [St. Petersburg Times, 8/2/2009; WorldNetDaily, 8/2/2009]
Forgery - PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, asks for clarification from Salim Lone, the spokesman for Kenyan Prime Minister Raila Odinga. Lone says via email: “It’s a forgery. Kenya only became a republic in December, 1964. Other arguments could also be marshaled, but they are not needed.” Blogger Steve Eddy then finds a nearly-identical document on the Internet using Google Search, posted on a genealogy Web site by an Australian, David Jeffrey Bomford. Eddy compares the two and, according to PolitiFact: “Same format. Same book and page number in the birth registry. Some of the officials’ last names were even the same.” Eddy tells PolitiFact, “At that point, it was pretty obvious the Kenyan one was a fake, that someone had used this real one from Australia to make their version.” An ABC affiliate in Australia asks Bomford, a public service clerk in Adelaide, about the controversy, and Bomford replies: “That is ridiculous. Little old person in Adelaide, the president of the United States. I don’t know whether to laugh about it or not, be worried about it.” Bomford says he had nothing to do with the hoax. “It’s little old me and my mum and everything else up there,” he says. The birth certificate he posted online is his own, he says. “Oh, I definitely confirm that the birth certificate was mine. That was quite easy to see—my address, even the style of the birth certificate was an old South Australian one. So it’s quite easy to identify that it’s mine.… It’s definitely a copy of my certificate. It’s so laughable it’s ridiculous.” [St. Petersburg Times, 8/2/2009] The Washington Independent’s David Weigel notes , “The image is part of the extremely ill-informed conspiracy theory that Obama was born in Mombasa—conveniently, one of the more Muslim parts of the country.” The Obama family lives in an entirely different part of Kenya, over a thousand miles from Mombasa. Moreover, at the time of Obama’s birth, Mombasa was not a part of Kenya, but part of Zanzibar. [Washington Independent, 8/3/2009]
Rebuttal - Taitz posts on her Web site that Bomford’s certificate, not her own, is the fake, and says Bomford or someone else altered that certificate from the “original” Obama certificate to discredit her. Eddy says of Taitz’s claim, “There’s no reasoning with some of these people.” A blogger from “Obama Not Qualified” writes a long screed detailing his or her belief that the Taitz document is real, though noting his or her belief that the photo Taitz originally posted may not be real, and giving a step-by-step walkthrough of how to create a falsified document. PolitiFact receives a response from Val Edyvean, registrar of births, deaths and marriages for South Australia, saying: “It appears that a South Australian loaded an image of his own birth certificate onto a family history Web site and that the format was used by others to ‘create’ a document which purported to be a Kenyan birth certificate for Barack Obama. As the South Australian man has now removed this image, and the date of his birth is in the period of certificates which are restricted from public access, I do not intend to add to speculation by commenting on details of either that certificate or any aspects of it.” [Obama Not Qualified, 2008; St. Petersburg Times, 8/2/2009]
Conclusion - WND publisher Joseph Farah publishes a column expressing his feeling that the Taitz certificate is “probably” a forgery, and claims that WND never made any assertion of its validity. (Farah also says that the State of Hawaii has “steadfastly refused” to state that the birth certificate posted by the Obama campaign in 2008 is valid, a false statement—see October 30, 2008 and July 28, 2009). “The Kenyan document could be real. I haven’t seen a single disqualifying error pointed out in the last 24 hours. But I still strongly suspect it is not,” he writes. Instead, he says, WND posted the certificate and the accompanying article so that it could be fact-checked. He then claims that Obama has “hidden” his real birth certificate and “virtually every other meaningful document in his life” from public scrutiny. [WorldNetDaily, 8/4/2009] PolitiFact concludes that the Taitz certificate “is a fake.” However, “we have no delusions this changes anyone’s mind in the birther movement.” [St. Petersburg Times, 8/2/2009]

Entity Tags: Steve Eddy, US District Court for the Central District of California, WorldNetDaily, Salim Lone, Val Edyvean, Orly Taitz, David Jeffrey Bomford, David Weigel, Barack Obama, PolitiFact (.org ), Joseph Farah, Joshua Simon Oduya, Hillary Clinton

Timeline Tags: Domestic Propaganda

Judge Clay Land.Judge Clay Land. [Source: TruTV (.com)]US District Court Judge Clay Land throws out a complaint questioning President Obama’s birth, and seeking to halt the deployment of Army Captain Connie Rhodes to Iraq on the grounds that Obama is not the legitimate commander in chief. Rhodes is represented by “birther” lawyer Orly Taitz (see November 12, 2008 and After, March 13, 2009, and August 1-4, 2009). In the complaint, Taitz writes on behalf of Rhodes: “This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president. This plaintiff cannot be lawfully compelled to obey this de facto president’s orders.” Land, clearly angered by the complaint, says Taitz will face sanctions if she ever files a similar “frivolous” complaint or lawsuit in his court again. Rhodes, Land rules, “has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States. Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is ‘an illegal usurper, an unlawful pretender, [and] an unqualified imposter.’” The evidence presented by Taitz in the complaint is groundless, Land rules, noting allegations that Obama might have used 149 addresses and 39 Social Security numbers before becoming president and the existence of what Taitz claims is Obama’s Kenyan birth certificate. “Finally, in a remarkable shifting of the traditional legal burden of proof,” he writes, “plaintiff unashamedly alleges that defendant has the burden to prove his ‘natural born’ status. Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our country was founded in order to purportedly ‘protect and preserve’ those very principles. Unlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” Land orders that Rhodes pay any costs incurred by the defendants, who include President Obama, Defense Secretary Robert Gates, and Colonel Thomas Manning, a garrison commander at Fort Benning, Georgia. Taitz says she believes Land is guilty of treason by dismissing her complaint, saying, “Judge Land is a typical puppet of the regime—just like in the Soviet Union.” She adds that she intends to keep fighting for Rhodes if Rhodes desires her to, telling one reporter, “Listen, Nelson Mandela stayed in prison for years in order to get to the truth and justice.” Three days later, Rhodes renounces Taitz as her lawyer, and informs Land that she did not authorize the emergency request for stay of deployment that Taitz filed on her behalf. “I did not authorize it and do not wish to proceed,” Rhodes writes in a letter to Land. “Ms. Taitz never requested my permission nor did I give it.” She adds: “I do not wish for Ms. Taitz to file any future motions or represent me in any way in this court. It is my plan to file a complaint with the California State Bar due to her reprehensible and unprofessional actions.” Rhodes is deployed days later; an Ohio lawyer files a separate complaint with the California State Bar (see September 17, 2009). [Columbus Ledger-Enquirer, 9/16/2009; Huffington Post, 9/16/2009; TPM Muckraker, 9/16/2009; Washington Independent, 9/19/2009] Taitz responds by telling a reporter she believes Rhodes’s letter is a forgery. “I don’t know if this letter came from her,” Taitz writes in an email, “since she is in Iraq now and the Office Max store from where it came, states that they don’t send faxes for customers. The signature on her notarized letter from Kansas and this letter looks different.” An Office Max clerk confirms that he faxed the letter on behalf of Rhodes, and the letter itself notes that she would fax it to Judge Land. Taitz goes on to claim that she believes Rhodes “was pressured by the military” to renounce her and consider filing a complaint with the California State Bar. “It appear to be a concerted effort to quash all free speech, particularly any legal challenges to Obama’s legitimacy.” [TPM Muckraker, 9/21/2009] In October, Land will sanction Taitz, fining her $20,000 for professional misconduct (see October 13-16, 2009). Land recently dismissed another, similar lawsuit filed by Taitz on behalf of Army Major Stefan Cook (see July 8-16, 2009).

Entity Tags: Robert M. Gates, Clay Land, Orly Taitz, Barack Obama, Thomas Manning, Connie Rhodes

Timeline Tags: US Military, Domestic Propaganda, 2008 Elections

Ohio lawyer Subodh Chandra, an inactive member of the California State Bar, files a formal complaint against California lawyer Orly Taitz for calling Georgia judge Clay Land “corrupt” and suggesting he is guilty of treason (see September 16-21, 2009). Chandra writes: “I respectfully request that you investigate Ms. Taitz’s conduct and impose an appropriate sanction. She is an embarrassment to the profession.” Chandra, who ran for attorney general of Ohio in 2006, writes that Taitz’s comments about Land violate section 6068(b) of the California Business & Professions Code. That section of the law requires attorneys to “maintain the respect due to the courts of justice and judicial officers.” Chandra’s complaint also alleges that Taitz is filing frivolous lawsuits and pursuing actions based on “corrupt motive of passion of interest, namely, discriminatory and political motives.” If a violation is assessed against Taitz, she could face actions ranging from private reproval to disbarment. [TPM Muckraker, 9/17/2009]

Entity Tags: Orly Taitz, Subodh Chandra, Clay Land

Timeline Tags: Domestic Propaganda

The Middle District Court of Georgia levies a $20,000 fine on “birther” lawyer Orly Taitz. The court accuses Taitz, who has filed a lawsuit alleging that President Obama is not a US citizen and asking the court to bar his deployment of military personnel overseas (see September 16-21, 2009), of wasting the time and resources of the Georgia court system. The judgment, issued by Judge Clay Land, against Taitz calls her “delusional.” The judgment finds: “Counsel Orly Taitz is hereby ordered to pay $20,000.00 to the United States, through the Middle District of Georgia Clerk’s Office, within 30 days of the date of this order as a sanction for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure.” Land writes: “The Court finds that counsel’s conduct was willful and not merely negligent. It demonstrates bad faith on her part. As an attorney, she is deemed to have known better. She owed a duty to follow the rules and to respect the Court. Counsel’s pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. She knowingly violated Rule 11. Her response to the Court’s show cause order is breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct. To the contrary, she continues her baseless attacks on the Court.… Counsel’s frivolous and sanctionable conduct wasted the defendants’ time and valuable judicial resources that could have been devoted to legitimate cases pending with the Court. When she filed the Rhodes case, counsel indicated that it was urgent that the matter be heard because her client was facing imminent deployment. The Court rearranged its schedule, took time to read the legal papers, and conducted preliminary research in preparation for the hearing. The Army had to activate its legal team on short notice, sending a major from the Army Litigation Division in Washington, DC, and a captain from the CONUS Replacement Center at Ft. Benning. In addition, the Assistant US Attorney had to accompany them. Like the Court, the government attorneys had to prepare in an expedited manner for the hearing. During the week preceding Captain Rhodes’s deployment, the Court was in the midst of a jury trial. Therefore, the Court had to alter the trial schedule to conduct the hearing during an extended lunch break, thus affecting other counsel and jurors. The Clerk’s Office was burdened by Ms. Taitz’s inability to follow the Court’s rules regarding pro hac vice admission and the Court’s rules for electronic filing. On five separate occasions in a short period, the Clerk’s Office personnel error-noticed counsel for her failure to follow simple rules. At the hearing, counsel failed to make coherent legal arguments but instead wasted the Court’s time with press conference sound bites and speeches.” [Washington Independent, 10/13/2009] Land notes that in one of her filings, Taitz accused him of meeting secretly with Attorney General Eric Holder outside the court. Holder had actually been thousands of miles away that day, giving a speech in Los Angeles. [Washington Examiner, 7/7/2010] Land includes a footnote that says one of Taitz’s supporters had contacted him, challenged him to a “round of fisticuffs on the Courthouse Square,” and asserted that “the president is not human.” Taitz says she will appeal the judgment, and accuses Land of being in the pocket of the “oppressive” Obama administration. “He’s scared to go against the regime,” she says. “He’s trying to intimidate me and other lawyers to stay away from this issue.” [Orange County Register, 10/16/2009] An appeals court will reject Taitz’s appeal and order her to pay the $20,000 (see March 15, 2010). [Columbus Ledger-Enquirer, 3/15/2010]

Entity Tags: Connie Rhodes, Clay Land, Obama administration, Orly Taitz, Eric Holder, Barack Obama, US Department of the Army

Timeline Tags: Domestic Propaganda

Judge David Carter.Judge David Carter. [Source: HubPages (.com)]US District Court Judge David Carter dismisses a lawsuit brought by a group claiming that President Obama was born in Kenya and, therefore, is not qualified to be president (see August 1-4, 2009). Carter lambasts lead lawyer Orly Taitz, ruling that he is “deeply concerned” that Taitz “may have suborned perjury through witnesses she intended to bring before this court.” Carter notes in his ruling that he has received “several sworn affidavits” showing that Taitz “asked potential witnesses” to lie under oath. Additionally, he rules, Taitz engaged in “improper and unethical” conduct by encouraging her supporters to phone and write him in an “attempt to influence this Court’s decision.” Carter rules that Taitz and her co-plaintiffs have not presented any usable evidence to bolster their claim of Obama’s supposed Kenyan citizenship. Instead, Taitz “favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning.” Taitz’s inflammatory rhetoric, Carter finds, “often hampered the efforts of her co-counsel, Gary Kreep… to bring serious issues before the Court.” Carter rules that he exhibited “extreme patience” with Taitz and Kreep’s filings, noting that while Taitz and Kreep filed their lawsuit on January 20, 2009, they failed to serve the defendants in the case until August 25, 2009, and only then after repeated court orders to do so. “Taitz also continually refused to comply with court rules and procedures,” he notes, and even tried to get Magistrate Judge Arthur Nakasato removed from the original case because Nakasato required her to follow the court rules. And, he writes, Taitz attempted to dismiss two of her clients from the suit because she did not wish to work with their co-counsel. “Plaintiffs have encouraged the Court to ignore [the] Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by ‘We the People’—over sixty-nine million of the people,” Carter writes. “Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.” [The Smoking Gun, 10/29/2009; United States District Court for the Central District of California, 10/29/2009] Taitz and Kreep have filed a similar lawsuit with failed presidential candidate Alan Keyes, which has also been dismissed (see November 12, 2008 and After and March 13, 2009). Taitz was recently fined $20,000 for judicial misconduct (see October 13-16, 2009).

Entity Tags: Gary Kreep, Alan Keyes, Arthur Nakasato, Orly Taitz, Barack Obama, David O. Carter

Timeline Tags: Domestic Propaganda, 2008 Elections

The New York Times calls today’s ruling in the Citizens United case (see January 21, 2010) “disastrous,” saying that “the Supreme Court has thrust politics back to the robber-baron era of the 19th century.” The Court has used the excuse of the First Amendment (see January 21, 2010) to “pave… the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding.” The Times recommends that Congress should “act immediately to limit the damage of this radical decision, which strikes at the heart of democracy.” In essence, the Times writes, lobbyists for corporate, labor, and special interests now have the power to sway elections in the directions they prefer. And the ruling gives those same interests the power to intimidate and even coerce candidates. “If a member of Congress tries to stand up to a wealthy special interest,” the Times writes, “its lobbyists can credibly threaten: We’ll spend whatever it takes to defeat you.” The Times notes that since the inception of the nation, its founders have “warned about the dangers of corporate influence. The Constitution they wrote mentions many things and assigns them rights and protections—the people, militias, the press, religions. But it does not mention corporations.” Corporate money has been banned from elections since 1907 (see 1907), and that ban has been in place, in one form or another (see June 25, 1910, 1925, 1935, 1940, June 25, 1943, June 23, 1947, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), until today. The Times accuses the Court of “overreach[ing],” using “a case involving a narrower, technical question involving the broadcast of a movie that attacked Hillary Clinton during the 2008 campaign (see January 10-16, 2008). The Court elevated that case to a forum for striking down the entire ban on corporate spending and then rushed the process of hearing the case at breakneck speed. It gave lawyers a month to prepare briefs on an issue of enormous complexity (see June 29, 2009), and it scheduled arguments during its vacation” (see September 9, 2009). The Times says the ruling is “deeply wrong on the law,” particularly in declaring corporations as equivalent to people, with the same First Amendment rights. “It is an odd claim since companies are creations of the state that exist to make money. They are given special privileges, including different tax rates, to do just that. It was a fundamental misreading of the Constitution to say that these artificial legal constructs have the same right to spend money on politics as ordinary Americans have to speak out in support of a candidate.” And the Times derides the statement in the Court’s majority opinion that says independent corporate expenditures “do not give rise to corruption or the appearance of corruption,” citing Senator John McCain (R-AZ)‘s characterization of the Court’s reasoning as being plagued by “extreme naivete.” The Citizens United case is, the Times writes, “likely to be viewed as a shameful bookend to Bush v. Gore (see 9:54 p.m. December 12, 2000). With one 5-to-4 decision, the Court’s conservative majority stopped valid votes from being counted to ensure the election of a conservative president. Now a similar conservative majority has distorted the political system to ensure that Republican candidates will be at an enormous advantage in future elections.” The only two ways to rectify the situation, the Times concludes, are to overturn the ruling via Congressional legislation and have a future Court—with a different makeup—overturn the decision itself. [New York Times, 1/21/2010]

Entity Tags: John McCain, Hillary Clinton, US Congress, New York Times, US Supreme Court

Timeline Tags: Civil Liberties

The 11th Circuit Court of Appeals dismisses an appeal from ‘birther’ lawyer Orly Taitz of a $20,000 judgment levied against her by a Georgia judge (see October 13-16, 2009). The court finds that Taitz’s arguments are “unpersuasive and therefore affirm[s] the district court’s sanctions judgment.” Taitz says she has no intention of paying the fine and will appeal it to the US Supreme Court (see July 7 - August 16, 2010). [Columbus Ledger-Enquirer, 3/15/2010] Taitz’s appeal contains the following: “[A]llowing sanctions by judge [sic] Land to stand, will signify beginning of tyranny in the United States of America and end to the Constitutional Republic which is the foundation of this nation. The question is as follows: ‘If the judiciary can sanction an attorney for bringing an action to uphold a Constitutional right, what is next? Will FEMA camps be turned intothe next GULAG? Will we see a wave of political assassinations of dissidents, as were seen in numerous totalitarian regimes around the World, such as regime of Saddam Hussein in Iraq or regime of Mahmud Ahmadinejad in Iran?’ This is the most dangerous road a judiciary can take. When judiciary is pandering to an illegitimate dictator, who sits in the White House, using a Social Security number of another individual and not having a valid long form birth certificate, the country descends into tyranny.” [Washington Examiner, 7/7/2010]

Entity Tags: Eleventh Circuit Court of Appeals, US Supreme Court, Orly Taitz, Clay Land

Timeline Tags: Domestic Propaganda

The Washington, DC, Circuit Court of Appeals unanimously holds that provisions of the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976) violate the First Amendment in the case of a nonprofit, unincorporated organization called SpeechNow.org. SpeechNow collects contributions from individuals, but not corporations, and attempted to collect contributions in excess of what FECA allows. In late 2007, SpeechNow asked the Federal Election Commission (FEC) if its fundraising plans would require it to register as a political committee, and the FEC responded that the law would require such registration, thus placing SpeechNow under federal guidelines for operation and fundraising. In February 2008, SpeechNow challenged that ruling in court, claiming that the restrictions under FECA were unconstitutional. FECA should not restrict the amount of money individuals can donate to the organization, it argued, and thusly should not face spending requirements. It also argued that the reporting limits under FECA are unduly burdensome. The district court ruled against SpeechNow, using two Supreme Court decisions as its precedents (see January 30, 1976 and December 10, 2003), and ruled that “nominally independent” organizations such as SpeechNow are “uniquely positioned to serve as conduits for corruption both in terms of the sale of access and the circumvention of the soft money ban.” SpeechNow appealed that decision. The appeals court reverses the decision, stating that the contribution limits under FECA are unconstitutional as applied to individuals. The reporting and organizational requirements under FECA are constitutionally valid, the court rules. The appeals court uses the recent Citizens United ruling as justification for its findings on contribution limits (see January 21, 2010). [New York Times, 3/28/2010; Federal Elections Commission, 2012; Moneyocracy, 2/2012] The FEC argued that large contributions to groups that made independent expenditures could “lead to preferential access for donors and undue influence over officeholders,” but Chief Judge David Sentelle, writing for the court, retorts that such arguments “plainly have no merit after Citizens United.” Stephen M. Hoersting, who represents SpeechNow, says the ruling is a logical and welcome extension of the Citizens United ruling, stating, “The court affirmed that groups of passionate individuals, like billionaires—and corporations and unions after Citizens United—have the right to spend without limit to independently advocate for or against federal candidates.” [New York Times, 3/28/2010] Taken along with another court ruling, the SpeechNow case opens the way for the formation of so-called “super PACs,” “independent expenditure” entities that can be run by corporations or labor unions with monies directly from their treasuries, actions that have been banned for over 60 years (see 1925 and June 25, 1943). The New York Times will later define a super PAC as “a political committee whose primary purpose is to influence elections, and which can take unlimited amounts of money, outside of federal contribution limits, from rich people, unions, and corporations, pool it all together, and spend it to advocate for a candidate—as long as they are independent and not coordinated with the candidate.” Super PACs are not required by law to disclose who their donors are, how much money they have raised, and how much they spend. CNN will later write, “The high court’s decision allowed super PACs to raise unlimited sums of money from corporations, unions, associations, and individuals, then spend unlimited sums to overtly advocate for or against political candidates.” OpenSecrets, a nonpartisan organization that monitors campaign finance practices, later writes that the laws underwriting Super PACs “prevent… voters from understanding who is truly behind many political messages.” [New York Times, 3/28/2010; Federal Elections Commission, 2012; OpenSecrets (.org), 2012; CNN, 3/26/2012; New York Times, 5/22/2012]

Entity Tags: Stephen M. Hoersting, New York Times, Federal Election Commission, Federal Election Campaign Act of 1972, OpenSecrets (.org), David Sentelle, CNN, SpeechNow (.org)

Timeline Tags: Civil Liberties, 2012 Elections

Lawyer and “birther” activist Orly Taitz (see November 12, 2008 and After, March 13, 2009, July 8-16, 2009, August 1-4, 2009, September 16-21, 2009, October 13-16, 2009, October 29, 2009, April 16, 2010, July 7 - August 16, 2010, April 27, 2011, April 27, 2011, and April 27, 2011) is “disinvited” to an upcoming Tax Day Tea Party rally in Pleasanton, California. Several Republican political candidates, including Senate candidate Carly Fiorina, are scheduled to speak at the rally, but after they complain about Taitz’s inclusion, she is removed from the slate of speakers. Bridget Melson, founder and president of the Pleasanton Tea Party, says the organization had been “getting calls from candidates like crazy.” She explains: “It’s not worth it. She’s too controversial. This is not what the tea party is about at this point.” Taitz herself is running for California secretary of state, a position that would presumably give her the power to block President Obama from being on the ballot in 2012 if she were to win the post. Fiorina, along with a representative of Senate candidate Chuck DeVore, and several congressional and state legislative candidates are scheduled to speak at the Pleasanton rally. Josh Trevino, a DeVore spokesperson, says, “I can say emphatically that the Chuck DeVore campaign and Chuck DeVore himself strongly disapproves of Orly Taitz and the crazy theories she continues to advance.” Fiorina spokeswoman Julie Soderlund says, “President Obama is absolutely eligible for the presidency and is a natural-born United States citizen.” She notes that Fiorina staunchly opposes most of Obama’s policies. At least one scheduled speaker, House candidate John Dennis, told organizers that if Taitz were retained on the slate, he would withdraw entirely. “The presence of a discredited publicity seeker on the same platform with patriotic Americans distorts the focus of our movement, distracts from our common message, and gives ammunition to those who continue to question our legitimacy,” Dennis told organizers. At least one rally attendee, Tom Del Beccaro of the California Republican Party, says Taitz’s questions about Obama’s citizenship may be valid: “I certainly don’t have enough information to decide that (see June 13, 2008). I’ve never seen yay or nay either way, so how could I know?” Taitz has caused controversy in her current race for secretary of state, questioning the legitimacy of her Republican primary opponent, real estate entrepreneur Damon Dunn, and accusing Republicans of supporting Dunn over her solely because he is African-American. [Los Angeles Times, 4/13/2010]

Entity Tags: Josh Trevino, Bridget Melson, Barack Obama, Carly Fiorina, Chuck DeVore, Julie Soderlund, Orly Taitz, John Dennis, Pleasanton Tea Party, Tom Del Beccaro, Damon Dunn

Timeline Tags: Domestic Propaganda

California “birther” lawyer Orly Taitz, mounting a longshot candidacy for California secretary of state, has another lawsuit, Taitz v. Obama, thrown out of court. The lawsuit is another in a series of legal attempts by Taitz to challenge President Obama’s citizenship and have a court remove him from the presidency (see March 13, 2009, August 1-4, 2009, September 16-21, 2009, October 29, 2009, and October 13-16, 2009). Judge Royce C. Lamberth, in his ruling, writes, “The Court is not willing to go tilting at windmills with her.” Lamberth refuses to allow Taitz to refile a lawsuit challenging Obama’s citizenship in a Washington, DC, federal court. Lawyers for Obama had asked that the case be dismissed because, among other things, Taitz does not have standing to bring it because she has not been harmed and the courts have no authority to remove a sitting president. [Orange County Register, 4/16/2010]

Entity Tags: Royce Lamberth, Barack Obama, Orly Taitz

Timeline Tags: Domestic Propaganda, 2008 Elections

Orly Taitz.Orly Taitz. [Source: The Smoking Gun]California “birther” attorney Orly Taitz, attempting to avoid paying a $20,000 fine levied against her by a Georgia district court judge (see October 13-16, 2009), says after losing an appeal (see March 15, 2010) that she intends to appeal the fine to the Supreme Court. She files an application for stay of the fine to Justice Clarence Thomas, who denies it; she then refiles the application with Justice Samuel Alito, meanwhile demanding proof that Thomas actually denied the application [Washington Examiner, 7/7/2010; Columbus Ledger-Enquirer, 8/4/2010] and asking Chief Justice John Roberts to verify Thomas’s dismissal. In her filing with Roberts, Taitz says she found the notice of dismissal on the Supreme Court’s Web site on a Saturday, just hours after “some Obama supporters” posted comments on her Web site “gloating about the fact that Justice Thomas dismissed her application.” She says that according to her examination, the Supreme Court docket has been altered and tampered with. She says that a previous appeal she had filed with the Court had also been deleted without explanation, and writes: “Currently, there is a clear pattern of entries being made on the docket of the Supreme Court, or entries or even cases deleted, when the court is closed and the justices and the clerks are not there.… Supreme Court is not a city bus, when one can go in and out any time he feels like.” Taitz demands to be allowed to visit the Supreme Court with a “forensic document expert” who can verify the validity of “the orders pertaining to her cases and verify and clarify, that there is a valid signature of Justice Thomas and his clerk on the denial of application 10A56, entered on the docket on Saturday 17, 2010” and of other cases she has filed, and demands that she and a “computer security expert” be allowed to examine the electronic docket of the cases pertaining to her and her clients to ascertain if they have been altered. [Orly Taitz, 7/20/2010; Orange County Register, 7/22/2010] Alito refers the application to the full Court, which dismisses the application without comment. [United Press International, 8/16/2010] It is unclear what, if any, response Roberts gives to Taitz. After the Court rejects her appeal, the government will place a lien on her property (see August 9, 2010 - January 11, 2011).

Entity Tags: Orly Taitz, US Supreme Court, John G. Roberts, Jr, Samuel Alito, Clarence Thomas

Timeline Tags: Domestic Propaganda

The federal government imposes a lien on the property of “birther” attorney Orly Taitz, in an attempt to collect the $20,000 she owes in fines imposed by District Court Judge Clay Land (see October 13-16, 2009). Taitz has appealed the fine to the Supreme Court and been denied (see July 7 - August 16, 2010). Columbus, Ohio, lawyer Frank Martin says: “This is a notice that the federal government has put a $20,000 lien plus interest on Orly Taitz. This lien trumps the Internal Revenue Code. This lien has priority over everything else.” If Taitz does not pay the fine, the government can seize her property, Martin says, though Taitz can oppose the collection in court. Taitz says she will pay the fine to avoid “giving the government the satisfaction” of seizing her property and/or her law license, though she intends to file appeals with the Supreme Court to avoid paying. “I will pay the money and I will continue fighting,” she says, and adds that her followers and supporters are donating money to pay the fine. “I’m confident that I will get $20,000 from the public, because people are angry and livid,” she says. “I don’t think anyone has ever seen anything like this in the world. I think the government should start worrying who’s in the White House. We have problems that are much bigger than $20,000 in sanctions.” [Columbus Ledger-Enquirer, 8/9/2010; Columbus Ledger-Enquirer, 8/10/2010] The Supreme Court rejects her appeal; Taitz says she intends to present her complaint to Congress, and even to international courts. Between August 9, 2010 and January 10, 2011, she has collected some $13,000 in donations, she says. [Columbus Ledger-Enquirer, 1/10/2011]

Entity Tags: Orly Taitz, Clay Land, US Supreme Court, Frank Martin

Timeline Tags: Domestic Propaganda

A conservative super PAC, American Action Network (AAN), launches a $19 million advertizing blitz against Democrats in 22 House districts. AAN was founded by former US Senator Norm Coleman (R-MN) and former Nixon administration official Fred Malek. AAN has already pumped $5 million into races featuring Republican Senate candidates. Founded in February, the group was formed, according to Malek, to “counter what the labor unions are doing on the Democratic side.” The group is split into two parts: the Action Forum, a 501(c)(3), which allows donations to be tax-deductible but limits political activities, and the Action Network, a 501 (c)(4), in which contributions are not deductible or disclosed but the group can advocate for political causes. AAN president Rob Collins says: “This Democrat-controlled Congress has already voted for higher taxes and promises next month to raise taxes on America’s families and businesses. This is simply unacceptable and something we wanted to call attention to.” AAN is part of a larger network of conservative super PACs (see March 26, 2010), including American Crossroads, that plans to spend as much as $50 million on Congressional races. AAN shares office space with American Crossroads. [Politico, 10/13/2010; New York Times, 10/17/2010; CT Mirror, 10/17/2010]
Objectionable Ads - The AAN ads airing in Connecticut draw fire after accusing Democrats Christopher Murray (D-CT) and Jim Himes (D-CT) of voting to provide free health care to illegal immigrants and Viagra to sex offenders. Murray accuses AAN of being linked to a number of Republicans in the Bush administration, and asks who is providing the money for the ads. Campaign finance law allows the donors to organizations such as AAN to remain anonymous. “This is one of the biggest TV buys this district has ever seen,” Murphy says. “And what we deserve to know is who is standing behind it. I want to know. I think that’s what the voters want as well.… These ads on TV right now, fronted by a shadowy, anonymous group of billionaire donors and multi-national corporations are a clear sign of what the difference is in this election.” An AAN spokesman refuses to discuss the finances behind the organization, saying only: “What we do is we comply with the letter of the law. That’s all we have to offer about that.” Murray calls the ad’s allegations “laughable.” Both claims have been debunked by independent fact-checking organizations, though Murray’s opponent Sam Caligiuri (R-CT) says the ad’s content is “verifiable,” and says even if the ad is questionable, Murray has told lies of his own about Caligiuri.
AAN Co-Founder Involved in Criminal Activities as Nixon Administration Official - CT Mirror notes that Malek, a Wall Street millionaire and the co-founder of AAN, was not only a member of the Nixon administration (whose crimes and excesses concerning the Watergate scandal led to a round of campaign finance reforms—see 1974 and May 11, 1976), but was also involved in a recent investment scandal. The New York Times goes further in its examination of Malek, noting that he was heavily involved in the 1972 “Townhouse operation” that raised illegal corporate cash in so-called “slush funds” and distributed the monies in key Senate races (see December 1, 1969, Early 1970, March 23, 1971, and August 18, 1974). Malek, the White House personnel chief in 1972, helped dispense illegal patronage deals to Nixon donors and served as deputy director of CREEP (the Committee to Re-Elect the President), an organization heavily involved in criminal activities. And the liberal news Web site Think Progress notes that Malek was the Nixon administration’s unofficial “Jew counter” (see July 3, 1971 and September 1971) and was part of the administration’s illegal persecution of Jews who worked in the federal government. During the Watergate investigation, Malek admitted that some of CREEP’s activities might have “bordered on the unethical.” Malek worked with American Crossroads co-founder Karl Rove during the Nixon administration, when Rove worked to re-elect Nixon as the executive director of the College Republican National Committee. Malek is a member of the Weaver Terrace Group, an informal amalgamation of Republican strategists from “independent” groups who regularly meet, trade political intelligence, and make joint fund-raising trips. The group is named after the street where Rove used to live. Former Watergate prosecutor Roger Witten says: “It creates all the appearances of dirty dealings and undue influence because our candidates are awash in funds the public is ignorant about. This is the problem that was supposedly addressed after Watergate.” [New York Times, 10/17/2010; Think Progress, 10/18/2010]

Entity Tags: Jim Himes, Christopher Murray, CT Mirror, American Crossroads, American Action Network, Fred Malek, Weaver Terrace Group, Sam Caligiuri, Committee to Re-elect the President, Think Progress (.org), Nixon administration, Rob Collins, Norm Coleman, Roger Witten, Karl C. Rove, New York Times

Timeline Tags: Civil Liberties

House Republicans rush a bill to the floor for a vote to eliminate all public funding of the presidential election. The bill, if passed by the Senate and signed into law by President Obama, would eliminate one of the few remaining public funding methodologies for federal elections, and, critics say, give wealthy corporate and individual donors even more influence over elections. Public financing of presidential elections was made law by the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) and upheld by the Supreme Court (see January 30, 1976). The bill comes to a vote almost exactly a year after the Supreme Court allowed corporations and labor unions to make unlimited donations to political organizations (see January 21, 2010). The bill, HR 359, was sponsored by Representative Tom Cole (R-OK) in June 2009 and cosponsored by 17 other House members, all Republicans. It would eliminate the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account. The Republican House leadership did not hold hearings on the bill, nor allow it to be debated in committee. Representative Chris Van Hollen (D-MD) calls the bill “a sneak attack on the system,” and notes that the Republicans had pledged to observe “transparency and openness,” but instead are pushing through such a transformative bill without allowing debate. The bill passes the House on a 239-160 vote, with the Republican majority overriding the Democratic minority. Ten Democrats vote for the bill and one Republican votes against it. Senate Minority Leader Mitch McConnell (R-KY) has already introduced his version of the bill in the Senate, though Senate Democrats say the bill has no chance of passing; Senate Majority Leader Harry Reid says through a spokesperson that the bill will never be brought up for a vote. [Mother Jones, 1/24/2011; Raw Story, 1/25/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Repair or Eliminate? - Presidential candidates who accept public funding must agree not to accept private donations in the fall campaign. Every presidential candidate from 1976 to 2008 has accepted public funding. In 2000, George W. Bush (R-TX) did not take public financing for his primary campaign, and in subsequent years no presidential nominee has taken such funding. In 2008, Barack Obama (D-IL) declined to take public financing for his general election, the first presidential nominee to do so. Republicans claim the elimination of the public funding program would save the government between $520 and $617 million over the next 10 years. Meredith McGehee, policy director at the Campaign Legal Center, says the public financing system needs to be updated. It was created in 1976, she notes, and does not reflect the needs of 21st-century candidates. Lawmakers from both parties have attempted, without success to introduce legislation to update the system. McConnell says that Americans do not believe in the PECF, citing declining public participation. The program is funded by a $3 check-off on individual tax returns; in 1980, almost 29 percent of tax returns carried the check-off, while in 2007 only 8.3 percent of tax returns checked off the donation. “In a time of exploding deficits and record debt, the last thing the American people want right now is to provide what amounts to welfare for politicians,” McConnell says. House Democrats have introduced legislation that would modify and update the PECF instead of end it. One of that legislation’s sponsors, David Price (D-NC), says, “Dare we forget what Watergate was all about?” (Price is referring to the post-Watergate origins of the PECF.) “President Nixon’s Committee to Re-Elect the President, fueled by huge quantities of corporate cash, paid for criminal acts and otherwise subverted the American electoral system. Let’s not return to the darkest days of our democracy.” [Mother Jones, 1/24/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Obama Administration Opposes Bill - The Obama administration strongly opposes the bill, saying that the public financing system should be improved rather than eliminated. In a statement, the White House says: “The presidential election public financing system was enacted in the aftermath of the Watergate scandal to free the nation’s elections from the influence of corporations and other wealthy special interests. Rather than candidates having to rely on raising large sums of private money in order to run, the system provides qualifying presidential candidates with the option of accepting matching funds in the primary and a public grant in the general election.… H.R. 359 would kill the system, not strengthen it. Its effect would be to expand the power of corporations and special interests in the nation’s elections; to force many candidates into an endless cycle of fundraising at the expense of engagement with voters on the issues; and to place a premium on access to large donor or special interest support, narrowing the field of otherwise worthy candidates.” [Raw Story, 1/25/2011]
Divided Response from Lawmakers - Representative Eric Cantor (R-VA) says after the bill passes that voting it into effect “should be a no-brainer.” House Minority Leader Nancy Pelosi (D-CA) says that Congress “should come together to ensure that the American people are heard, that they are heard and that they are not drowned out by special interest dollars.” Republicans such as Aaron Schock (R-IL) call Democrats and the Obama administration “hypocrites” because in 2008, Obama turned down public financing. Schock says, “It was President Obama who killed it and made a mockery of public financing of president campaigns with his arrogant pressing of self advantage.” David Price (D-NC) makes an angry rejoinder, saying: “Talk about having it both ways. [Schock] comes onto this floor to condemn President Obama for opting out of the system, and then he proposes to abolish the system so that everybody has to opt out.” Cole also condemns Obama for not taking public financing in 2008, and says he believes public financing of elections should be illegal, but goes on to say that he supports Republicans who take public financing because it is a legal option. Lynn Woolsey (D-CA) says: “Special interest money is having a corrosive effect on our democracy, eating away at the people’s confidence in their government and their elected representatives. The one beacon of light in this system is the public financing of presidential campaigns. It is, I would remind everyone, a voluntary system.” “This is an attempt to finish the job that the Supreme Court started with the Citizens United decision,” says Senator Charles Schumer (D-NY). Schumer chairs the Senate Rules Committee, which has jurisdiction over campaign finance legislation. “It would bust one of the last dams protecting our election system from an uncontrolled flood of special-interest money.” [CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Campaign Finance Reform Advocates Critical of Bill - David Arkush of the citizens advocacy group Public Citizen says in a statement, “A vote for HR 359 is a great way to tell the American people that you want to give corporations more power over our government rather than make democracy work for ordinary Americans.” Craig Holman of Public Citizen says of the bill: “Make no mistake about it: The Republican leadership’s legislation to eliminate public financing is an attack not just on the presidential public financing system, but also an attack on congressional public financing proposals. To ensure that the public’s voice can be heard against the corporate onslaught, we need to expand public financing of elections, not kill it.” Campaign finance reform advocate Fred Wertheimer of Democracy 21 calls the bill “a gross abuse of the legislative process.” [Mother Jones, 1/24/2011; Raw Story, 1/25/2011] The nonpartisan Public Finance Action Fund, which advocates for public financing of state and federal elections, says in a statement: “These efforts are not about saving taxpayer money, they are about giving corporate donors even more access than they enjoy today. We hope these measures don’t advance any further.” [CNN, 1/26/2011]
Bill Dies in Senate - The bill will, as expected, not pass the Senate, which is under Democratic control. A similar bill will be introduced in December 2011 (see December 1, 2011), again pass the House, and die in the Senate. [Real Clear Politics, 12/1/2011]

Entity Tags: David E. Price, US Senate, US House of Representatives, Craig Holman, Aaron Schock, Barack Obama, Chris Van Hollen, David Arkush, Charles Schumer, Thomas Jeffery Cole, Public Finance Action Fund, US Supreme Court, Presidential Election Campaign Fund, Presidential Primary Matching Payment Account, Federal Election Campaign Act of 1972, Eric Cantor, Fred Wertheimer, George W. Bush, Harry Reid, Mitch McConnell, Lynn Woolsey, Obama administration, Meredith McGehee, Nancy Pelosi

Timeline Tags: Civil Liberties

California lawyer Orly Taitz, who has long questioned President Obama’s citizenship (see November 12, 2008 and After, March 13, 2009, August 1-4, 2009, September 16-21, 2009, September 17, 2009, October 29, 2009, March 15, 2010, April 16, 2010, July 7 - August 16, 2010, August 9, 2010 - January 11, 2011, and April 27, 2011) to the point where a Georgia judge has called her “delusional” (see October 13-16, 2009), says that she has doubts about the authenticity of Obama’s long-form birth certificate. Specifically, she says that a real birth certificate from 1961 would have listed Obama’s race as “Negro” and not “African.” She says: “Look, I applaud this release. I think it’s a step in the right direction. I credit Donald Trump in pushing this issue.” However, she adds: “In those years… when they wrote race, they were writing ‘Negro’ not ‘African.’ In those days nobody wrote African as a race, it just wasn’t one of the options. It sounds like it would be written today, in the age of political correctness, and not in 1961 when they wrote white or Asian or ‘Negro.‘… It looks like terminology that would be used today, not 1961.” She continues to insist that because Obama’s father is Kenyan, Obama is ineligible for the presidency because he is not a “natural born citizen,” in spite of being contradicted by the Fourteenth Amendment. [TPM Muckraker, 4/27/2011; Wall Street Journal, 4/27/2011] She also wants to know why the certificate lists the address of Obama’s grandparents, 6085 Kalanianaole Highway in Honolulu, and not his parents’ address. Still, she says the birth certificate is an improvement over the previous “short form” certificate released by Obama in 2008 (see June 13, 2008). “I have to say that this is a step in the right direction,” she says, “just as the release of the Watergate tapes was a step in right direction [sic] by Richard Nixon (see July 13-16, 1973). And like Richard Nixon, there’s a good chance this will cost him his presidency (see August 8, 1974). It is a much better document than we had before.” [Wall Street Journal, 4/27/2011]

Entity Tags: Orly Taitz, Donald Trump, Barack Obama

Timeline Tags: Domestic Propaganda

Jonathan Martin and John F. Harris, writing for the online news outlet Politico, say that President Obama’s decision to present his “long form” birth certificate as proof of his US citizenship (see April 27, 2011) is a “decisive new turn in the centuries-long American history of political accusation and innuendo. By directly and coolly engaging a debate with his most fevered critics, Obama offered the most unmistakable validation ever to the idea that we are living in an era of public life with no referee—and no common understandings between fair and unfair, between relevant and trivial, or even between facts and fantasy.” The authors note that presidents have been pursued by “[l]urid conspiracy theories” for centuries. However, until now, those presidents have “benefited from a widespread consensus that some types of personal allegations had no place in public debate unless or until they received some imprimatur of legitimacy—from an official investigation, for instance, or from a detailed report by a major news organization.” That is no longer the case, they say (see April 27, 2011). Former White House press secretary Robert Gibbs says: “There are no more arbiters of truth. So whatever you can prove factually, somebody else can find something else and point to it with enough ferocity to get people to believe it. We’ve crossed some Rubicon into the unknown.” The writers note their difficulty in envisioning former President Clinton “coming out to the White House briefing room to present evidence showing why people who thought he helped plot the murder of aide Vincent Foster—never mind official rulings of suicide—were wrong” (see April 27, 2011), or former President George W. Bush giving a press conference denying allegations that “he knew about the Sept. 11 attacks ahead of time and chose to let them happen.” Obama’s choice to release the documentation and even to make a personal appearance to announce it are a powerful indication that the political dynamic has changed. Obama advisers explain that he made the decision to do so “because of the radical reordering of the political-media universe over the past 15 years, or so. The decline of traditional media and the rise of viral emails and partisan Web and cable TV platforms has meant the near-collapse of common facts, believed across the political spectrum.” Debunking the myth of Obama’s “foreign birth” means nothing to a large percentage of Americans who still remain unconvinced, or firmly believe the myth, the authors write. After trying to ignore it and mock it into irrelevance, they write, Obama “finally gave in and affirmed a new truth of politics in the Internet era: Nothing can be dismissed and anything that poses a political threat must be confronted directly.” White House communications director Dan Pfeiffer says: “We’re dealing with a lot of the same things Clinton and frankly Bush dealt with, but we’re dealing with them at 1,000 times the speed and with fewer referees. That is the downside of the disaggregation of the media. If you don’t want to believe what someone is telling you, you can go somewhere else. If you believe beyond a shadow of a doubt that the president is not American, you can go somewhere to find somebody to validate that.” Another Obama adviser, who remains anonymous, adds: “Clinton never had to deal with a fully formed Internet. [Conservative Web gossip Matt] Drudge’s power was born out of the revelations of 1998. A fully automated cable TV universe with the Internet is something that [Clinton] never had to deal with.” Clinton’s press secretary Joe Lockhart says: “You’ve lost the ability to starve a story to death. So what you have to do is raise the price of those who are making the charges. If Donald Trump is out there saying this, you’ve got to make him pay a price for throwing a bomb before too much collateral damage is done.… You literally can’t laugh anything off. There’s nothing neutral in politics. It’s either helping you or hurting you. You’ve got to make sure it’s helping you or you’re going to lose.” The authors note that politicians are learning to use this phenomenon to their own advantage. While Washington Republicans often bemoan the ascendancy of “fringe” pundits like Fox News’s Glenn Beck, the authors write, “they relish the way Beck and ideological confederates excite the GOP base, a contributing factor in the party’s strong performance in 2010.” The authors also point to Democrats’ willingness to allow “liberal commentators” to push for the truth behind George W. Bush’s Vietnam-era service in the National Guard. The authors claim that the Obama team “enjoys giving the stage to the GOP’s most divisive voices,” noting that Gibbs and former White House chief of staff Rahm Emanuel often called conservative talk show host Rush Limbaugh “the de facto leader of the Republican Party.” Obama, and his successors, will have to do things previous presidents have never considered, from appearing on less “serious” talk shows such as those hosted by Oprah Winfrey and David Letterman, or making appearances on networks such as the sports broadcaster ESPN. “It’s hard to see a president doing those things 10 or 20 years ago, but it’s become almost a requirement now,” Gibbs says. It is hard to know where to draw the line, Gibbs continues. “Does it become incumbent to prove everything wrong? You have to be very careful to not fall into that trap because you’ll spend all of your time and energy chasing your own tail.” Pfeiffer says most open-minded Americans will take the “long form” certificate as the evidence required to settle the issue: “There will be some segment of the population who will believe what they’re going to believe, regardless of anything else. But for the majority of the country, we have the capacity to correct the record and convince people of the truth. It’s not as easy as it used to be, but it’s possible.” Pfeiffer notes the “huge amount of time and energy” spent on dealing with the “birther” issue, time better spent, he says, on issues confronting the country. Former Bush administration political adviser Karl Rove says the Obama administration has attempted to use the “birther” controversy against Republicans: “The president himself has hoped Republicans would continue to talk about it, thereby damaging their own credibility. It was a useful diversion (see April 27, 2011). But take a look at recent polls. The problem was the view was taking hold among independents. He got worried it was about to spin out of control” (see April 27, 2011). Rove says Obama was attempting to “play rope-a-dope with Republicans,” a charge Pfeiffer denies (see April 28, 2011). “Up until a month ago, nobody really asked for the long form. It was fringe. It was a settled issue for 99 percent of the country.” Former Bush press secretary Ari Fleischer says: “It’s a terrible problem for the body politic. People like me who have been or are in the arena have an obligation to speak out against people in both parties who push untruths” (see January 25, 2001, January 25-27, 2001, and April 18, 2001). “The political discourse is much worse now, but that’s not always to the detriment of the so-called victim. In this case, President Obama came out looking better.” Lockhart agrees, saying: “Look at the rogue’s gallery of Clinton accusers. Most of them blew themselves up.” Lockhart acknowledges that for some, the issue will never be settled (see April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 28, 2011, and April 29, 2011). “They’ll probably ask for the first diaper. They’ll want to see the DNA.” [Politico, 4/28/2011]

Entity Tags: Joe Lockhart, Donald Trump, Dan Pfeiffer, Barack Obama, Ari Fleischer, Glenn Beck, Vince Foster, William Jefferson (“Bill”) Clinton, Robert Gibbs, John F. Harris, George W. Bush, Karl C. Rove, Matt Drudge, Rahm Emanuel, Rush Limbaugh, Jonathan Martin

Timeline Tags: Domestic Propaganda

The US government’s Nixon Presidential Library begins making the grand jury testimony of former President Richard Nixon available to the public. In June 1975, Nixon testified about his involvement in the Watergate scandal after his resignation (see August 8, 1974) to a California grand jury. Although he was protected by the pardon granted him by his successor, Gerald Ford (see September 8, 1974), he could have been charged with perjury if he lied under oath. No such charges were filed against Nixon. Judge Royce Lambeth ordered the testimony made public in July 2011 over the opposition of the Obama administration, which argued that too many people from the Nixon administration were still alive for secret testimony involving them to be made public. Lambeth wrote, “The court is confident that disclosure will greatly benefit the public and its understanding of Watergate without compromising the tradition and objectives of grand jury secrecy.” The records are available at the California home of the library and online. Historian Stanley Kutler, who was one of the principal figures involved in the lawsuit to bring the testimony to light, says, “This is Nixon unplugged.” However, he adds: “I have no illusions. Richard Nixon knew how to dodge questions with the best of them. I am sure that he danced, skipped, around a number of things.” Nixon’s testimony, conducted for 11 hours over two days, was the first time an ex-president ever testified before a grand jury. The library is also releasing thousands of pages of other Watergate-era documents, several oral histories from that time, and 45 minutes of recordings made by Nixon with a dictating machine. Some portions of the Nixon grand jury testimony have not yet been made public, due to the fact that they deal with people still alive. Some or all of that information may be made public at a future date. Kutler says it is doubtful the public will learn much more about Watergate from the new records: “The grand jury after that testimony had a chance to sit and indict but they did not, so I don’t expect it to be that important.” He adds that the opening of grand jury records is a milestone by itself, “another precedent for opening up secretiveness in public life.” [Associated Press, 11/10/2011] After initially reviewing the transcripts, Kutner says: “It’s Nixon being Nixon. It’s a virtuoso performance. How about $10 for every time he says, ‘I don’t recall’?” [Daily Mail, 11/11/2011] According to reporters who review the transcripts, Nixon spent much of his time before the grand jury defending his legacy as president and denying first-hand knowledge of any of the activities that made up the Watergate scandal, but acknowledging his administration committed some questionable acts. “I want the jury and the special prosecutors to kick the hell out of us for wiretapping and for the plumbers and the rest,” he said, “because obviously, you may have concluded it is wrong.” [Associated Press, 11/11/2011] Nixon reiterated the story that his secretary Rose Mary Woods accidentally erased 18 1/2 minutes of an audiotape that might have shown his complicity in the Watergate conspiracy (see November 21, 1973), saying: “Rose had thought it was four minutes, or something like that. Now the counsel have found that it is 18-and-a-half minutes, and I practically blew my stack.… If you are interested in my view as to what happened, it is very simple. It is that it was an accident.” Nixon was harsh with the Watergate prosecutors, accusing them of persecuting him and employing what he called double standards against him as opposed to his Democratic adversaries. “If I could give one last bit of advice,” he told the prosecutors, “taking the double standard is going to make you much more popular with the Washington press corps, with the Georgetown social set, if you ever go to Georgetown, with the power elite in this country. But on the other hand, think of your children—they are going to judge you in the pages of history.… I mean, I am not unaware of the fact that the great majority of the people working in special prosecutor’s office did not support me for president.” [Daily Mail, 11/11/2011]

Entity Tags: Royce Lambeth, Stanley Kutler, Richard M. Nixon, Nixon administration, Nixon Presidential Library, Obama administration, Gerald Rudolph Ford, Jr, Rose Mary Woods

Timeline Tags: Nixon and Watergate

Representatives John Yarmuth (D-NY) and Walter Jones (R-NC) file a bill, the Yarmuth-Jones Disclose Act, that would amend the US Constitution to overturn the Citizens United ruling (see January 21, 2010) and take special-interest money out of American politics. The proposed amendment establishes that financial expenditures and in-kind contributions do not qualify as protected free speech under the First Amendment (see January 30, 1976, April 26, 1978, June 25, 2007, June 26, 2008, January 21, 2010, January 21, 2010, January 22, 2010, March 26, 2010, and December 12, 2011). It also makes Election Day—the first Tuesday in November—a legal holiday, and enables Congress to establish a public financing system that would serve as the sole source of funding for federal elections (see 1974, January 26, 2011 and After, June 27, 2011, and December 1, 2011). Yarmuth explains his proposal in the context of the Citizens United case, saying: “Corporate money equals influence, not free speech. The last thing Congress needs is more corporate candidates who don’t answer to the American people. Until we get big money out of politics, we will never be able to responsibly address the major issues facing American families—and that starts by ensuring our elections and elected officials cannot be bought by the well-off and well-connected.” Jones says in a statement: “If we want to change Washington and return power to the citizens of this nation, we have to change the way campaigns are financed. The status quo is dominated by deep-pocketed special interests, and that’s simply unacceptable to the American people.” Jones is one of the very few Republicans in Congress who is willing to advocate for campaign finance reform. It is unlikely the bill will pass the Republican-controlled House, and Senate Republicans would likely block it if it made it to that chamber. Amendments to the Constitution require a two-thirds vote in both chambers of Congress before being approved by three-fourths of state legislatures. [US House of Representatives, 12/20/2011; WFPL, 12/20/2011; Think Progress, 12/20/2011] This is not the first attempt to amend the Constitution to overturn Citizens United and regulate campaign financing (see September 20, 2011, November 23, 2010, November 1, 2011, and November 18, 2011).

Entity Tags: Walter Jones, 2012 Yarmuth-Jones Disclose Act, John Yarmuth

Timeline Tags: Civil Liberties

Republican presidential frontrunner Mitt Romney (R-MA) tells MSNBC reporter Chuck Todd that wealthy donors should be able to give unlimited amounts directly to candidates in lieu of donating to “independent” organizations such as super PACs (see March 26, 2010, June 23, 2011, and November 23, 2011). The US history of campaign finance law (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), including the 2010 Citizens United decision (see January 21, 2010), has always put stringent limitations on what donors can contribute directly to candidates. Asked if he thinks the Citizens United decision was a poor one, Romney responds: “Well, I think the Supreme Court decision was following their interpretation of the campaign finance laws that were written by Congress. My own view is now we tried a lot of efforts to try and restrict what can be given to campaigns, we’d be a lot wiser to say you can give what you’d like to a campaign. They must report it immediately and the creation of these independent expenditure committees that have to be separate from the candidate, that’s just a bad idea.” Ian Millhiser, a senior legal analyst for the liberal news Web site Think Progress, responds: “It’s not entirely clear from this interview that Romney understands what happened in Citizens United. That decision emphatically did not follow any ‘interpretation of campaign finance laws that were written by Congress.’ Rather, Citizens United threw out a 63-year-old federal ban on corporate money in politics.… [I]t was not a case of judges following the law. More importantly, however, Romney’s proposal to allow wealthy donors to give candidates whatever they’d ‘like to a campaign’ is simply an invitation to corruption (see October 17, 2011). Under Romney’s proposed rule, there is nothing preventing a single billionaire from bankrolling a candidate’s entire campaign—and then expecting that candidate to do whatever the wealthy donor wants once the candidate is elected to office. Romney’s unlimited donations proposal would be a bonanza for Romney himself and the army of Wall Street bankers and billionaire donors who support him, but it is very difficult to distinguish it from legalized bribery.” Millhiser notes that Romney had a different view on the subject in 1994, saying then that when you allow special interest groups to buy and sell candidates, “that kind of relationship has an influence on the way that [those candidates are] going to vote.” [Think Progress, 12/21/2011]

Entity Tags: Willard Mitt Romney, Charles David (“Chuck”) Todd, Ian Millhiser

Timeline Tags: Civil Liberties, 2012 Elections

The Republican National Committee (RNC) files a court brief calling the federal ban on direct corporate donations to candidates unconstitutional, and demanding it be overturned. Such direct donations are one of the few restrictions remaining on wealthy candidates wishing to influence elections after the 2010 Citizens United decision (see January 21, 2010). The brief is in essence an appeal of a 2011 decision refusing to allow such direct donations (see May 26, 2011 and After). The RNC case echoes a request from Senator Mike Lee (R-UT) that he be allowed to form and direct his own super PAC (see November 23, 2011), and recent remarks by Republican presidential frontrunner Mitt Romney (R-MA) calling for donors to be allowed to contribute unlimited amounts to candidates (see December 21, 2011). The RNC brief claims: “Most corporations are not large entities waiting to flood the political system with contributions to curry influence. Most corporations are small businesses. As the Court noted in Citizens United, ‘more than 75 percent of corporations whose income is taxed under federal law have less than $1 million in receipts per year,’ while ‘96 percent of the 3 million businesses that belong to the US Chamber of Commerce have fewer than 100 employees.’ While the concept of corporate contributions evokes images of organizations like Exxon or Halliburton, with large numbers of shareholders and large corporate treasuries, the reality is that most corporations in the United States are small businesses more akin to a neighborhood store. Yet § 441b does not distinguish between these different types of entities; under § 441b, a corporation is a corporation. As such, it is over-inclusive.” Think Progress legal analyst Ian Millhiser says the RNC is attempting to refocus the discussion about corporate contributions onto “mom and pop stores” and away from large, wealthy corporations willing to donate millions to candidates’ campaigns. If the court finds in favor of the RNC, Millhiser writes: “it will effectively destroy any limits on the amount of money wealthy individuals or corporation[s] can give to candidates. In most states, all that is necessary to form a new corporation is to file the right paperwork in the appropriate government office. Moreover, nothing prevents one corporation from owning another corporation. For this reason, a Wall Street tycoon who wanted to give as much as a billion dollars to fund a campaign could do so simply by creating a series of shell corporations that exist for the sole purpose of evading the ban on massive dollar donations to candidates” (see October 30, 2011). [United States of America v. Danielcytk and Biagi, 1/10/2012 pdf file; Think Progress, 1/11/2012] The RNC made a similar attempt in 2010, in the aftermath of Citizens United; the Supreme Court refused to hear an appeal of its rejection. [New York Times, 5/3/2010; Tom Goldstein, 5/14/2012] Over 100 years of US jurisprudence and legislation has consistently barred corporations from making such unlimited donations (see 1883, 1896, December 5, 1905, 1907, June 25, 1910, 1925, 1935, 1940, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003). Shortly after the Citizens United ruling, RNC lawyer James Bopp Jr. confirmed that this case, like the Citizens United case and others (see Mid-2004 and After), was part of a long-term strategy to completely dismantle campaign finance law (see January 25, 2010).

Entity Tags: Republican National Committee, Halliburton, Inc., ExxonMobil, Ian Millhiser, Michael Shumway (“Mike”) Lee, Willard Mitt Romney, US Supreme Court, US Chamber of Commerce, James Bopp, Jr

Timeline Tags: Civil Liberties, 2012 Elections

Bradley A. Smith, the chairman of the Center for Competitive Politics (CCP) and a former commissioner and chairman of the Federal Election Commission (FEC) during the George W. Bush administration, writes a second editorial for US News and World Report defending “super PACs,” the “independent” political entities responsible for infusing millions of dollars into the political campaign system. Smith wrote an editorial in January 2012 defending super PACs, claiming they are the direct outgrowth of First Amendment free-speech rights and are actually good for the campaign system (see January 13, 2012). However, as in his first editorial, Smith makes a number of false claims to bolster his arguments. Such organizations were created in the aftermath of the Supreme Court’s 2010 Citizens United decision (see January 21, 2010) and the following SpeechNow.org decision (see March 26, 2010). He notes, correctly, that until 1974 there were no federal restrictions on super PACs, apparently referring to that year’s amendments to the Federal Election Campaign Act (see 1974), though he fails to note that such organizations did not exist until after the SpeechNow decision. He claims that “[t]here is no evidence that super PACs have led to a greater percentage of negative ads” than in earlier presidential campaigns, though he cites no evidence to that effect. He also claims, as he did in the first editorial, that it is false to claim super PACs “spend ‘secret’ money. This is just not true. By law, super PACs are required to disclose their donors. There are groups that have never had to disclose their donors, non-profits such as the Sierra Club, Planned Parenthood, the NAACP, and the NRA. If you want more disclosure, super PACs are a step forward.” Unfortunately, the Citizens United decision specifically allows donors to super PACs to remain anonymous, despite Smith’s claims to the contrary (see January 27-29, 2010, July 26, 2010, July 26-27, 2010, September 13-16, 2010, September 21 - November 1, 2010, Mid-October 2010, Around October 27, 2010, April 20, 2011, April 21, 2011 and After, July 12, 2011, and November 18, 2011). Republicans have fought to preserve that anonymity (see July 26-27, 2010, May 26, 2011, July 15, 2011, and July 20, 2011). As in the first editorial, Smith is correct in saying that traditional nonprofit groups must disclose their donors, though many are apparently failing to do so (see October 12, 2010). He also claims that super PACs increase competition—“level the playing field,” as he wrote in the first editorial—by allowing Republican candidates to equal the spending of their Democratic opponents. In reality, Republicans have outstripped Democrats in outside, super PAC spending since the Citizens United decision (see Around October 27, 2010, November 1, 2010, and May 5, 2011). Smith bolsters his claim by citing direct campaign spending as offsetting “independent” super PAC spending, such as in the 2010 US House race involving incumbent Peter DeFazio (D-OR), who won re-election even after a $500,000 super PAC-driven effort on behalf of his challenger. DeFazio, Smith claims, “outspent his opponent by a sizable margin and won. Still, for the first time in years he had to campaign hard for his constituents’ support. That’s a good thing.” He cites the presidential campaigns of Republican contenders Newt Gingrich (R-GA—see December 19, 2011 and January 6, 2012) and Rick Santorum (R-PA—see February 16-17, 2012), which have relied on the contributions of a very few extraordinarily wealthy contributors to keep their candidacies alive against the frontrunner Mitt Romney (R-MA), whose own super PAC funding is extraordinary (see June 23, 2011). And, he writes, super PAC spending “improves voter knowledge of candidates and issues. Indeed, political ads are frequently a better source of information for voters than news coverage.” The most important benefit of the two Court decisions and the subsequent influx of corporate money into the US election continuum (see January 21, 2010, January 21, 2010, January 21-22, 2010, January 21, 2010, January 21, 2010, January 21, 2010, March 26, 2010, April 5, 2010, September 13-16, 2010, September 21 - November 1, 2010, October 2010, Mid-October 2010, October 18, 2010, Around October 27, 2010, June 23, 2011, July 12, 2011, August 4, 2011, October 27, 2011, November 23, 2011, December 1, 2011, January 3, 2012, January 6, 2012, January 10, 2012, and January 23, 2012), he writes, “is that they get government out of the business of regulating political speech. Who would say that you can’t spend your own time and money to state your own political beliefs? Vindicating that fundamental First Amendment right is good for democracy.” [US News and World Report, 2/17/2012]

Entity Tags: Newt Gingrich, Bradley A. (“Brad”) Smith, Center for Competitive Politics, Peter DeFazio, Federal Election Campaign Act of 1972, Willard Mitt Romney, Federal Election Commission, US Supreme Court

Timeline Tags: Civil Liberties

Investigative journalist Robert Parry speaks at a conference in Heidelberg, Germany concerning the progression of journalism from the 1970s to the present. Parry tells the gathering that American investigative journalism may have hit something of a zenith in the 1970s, with the media exposure of the Pentagon Papers (see March 1971) and the Watergate scandal (see August 8, 1974). “That was a time when US journalism perhaps was at its best, far from perfect, but doing what the Founders had in mind when they afforded special protections to the American press,” he says. “In the 1970s, besides the Pentagon Papers and Watergate, there were other important press disclosures, like the My Lai massacre story and the CIA abuses—from Iran to Guatemala, from Cuba to Chile. For people around the world, American journalism was the gold standard. Granted, that was never the full picture. There were shortcomings even in the 1970s. You also could argue that the US news media’s performance then was exceptional mostly in contrast to its failures during the Cold War, when reporters tended to be stenographers to power, going along to get along, including early in the Vietnam War.” However, those days are long past, Parry notes, and in recent years, American journalism has, he says, gone “terribly wrong.” Parry says that the American press was subjected to an orchestrated program of propaganda and manipulation on a par with what the CIA did in many foreign countries: “Think how the CIA would target a country with the goal of shoring up a wealthy oligarchy. The agency might begin by taking over influential media outlets or starting its own. It would identify useful friends and isolate troublesome enemies. It would organize pro-oligarchy political groups. It would finance agit-prop specialists skilled at undermining and discrediting perceived enemies. If the project were successful, you would expect the oligarchy to consolidate its power, to get laws written in its favor. And eventually the winners would take a larger share of the nation’s wealth. And what we saw in the late 1970s and early 1980s in the United States was something like the behavior of an embattled oligarchy. Nixon’s embittered allies and the Right behaved as if they were following a CIA script. They built fronts; they took over and opened new media outlets; they spread propaganda; they discredited people who got in the way; ultimately, they consolidated power; they changed laws in their favor; and—over the course of several decades—they made themselves even richer, indeed a lot richer, and that, in turn, has translated into even more power.”
Building a Base - Right-wing billionaires such as the Koch brothers (see 1979-1980) and Richard Mellon Scaife, along with Nixon-era figures such as former Treasury Secretary William Simon (a Wall Street investment banker who ran the right-wing Olin Foundation) worked to organize conservative foundations; their money went into funding what Parry calls “right-wing media… right-wing think tanks… [and] right-wing attack groups. Some of these attack groups were set up to go after troublesome reporters.” Parry finds it ironic, in light of the CIA’s interference in the affairs of other nations, that two foreign media moguls, Sun Myung Moon and Rupert Murdoch, were key figures in building and financing this conservative media construct. Some media outlets, such as Fox News (see Summer 1970 and October 7, 1996), were created from scratch, while others, such as the venerable and formerly liberal New Republic, were bought out and taken over by conservatives. When Ronald Reagan ascended to the White House, Parry says, he brought along with him “a gifted team of [public relations] and ad men.” Vice President George H.W. Bush, a former CIA director, enabled access to that agency’s propaganda professionals. And Reagan named William Casey to head the CIA; Casey, a former Nixon administration official, was “obsessed [with] the importance of deception and propaganda,” Parry says. “Casey understood that he who controlled the flow of information had a decisive advantage in any conflict.”
Two-Pronged Attack - Two key sources of information for Washington media insiders were targeted, Parry says: the “fiercely independent” CIA analytical division, whose analyses had so often proven damaging to White House plans when reported, and the “unruly” Washington press corps. Casey targeted the CIA analysts, placing his young assistant, Robert Gates, in charge of the analytical division; Gates’s reorganization drove many troublesome analysts into early retirement, to be replaced with more malleable analysts who would echo the White House’s hard line against “Soviet expansionism.” Another Casey crony, Walter Raymond Jr., worked to corral the Washington press corps from his position on the National Security Council. Raymond headed an interagency task force that ostensibly spread “good news” about American policies in the foreign press, but in reality worked to smear and besmirch American journalists who the White House found troubling. According to Parry, “Secret government documents that later emerged in the Iran-Contra scandal revealed that Raymond’s team worked aggressively and systematically to lobby news executives and turn them against their reporters when the reporters dug up information that clashed with Reagan’s propaganda, especially in hot spots like Central America.” It was easy to discredit female journalists in Central America, Parry says; Raymond’s team would spread rumors that they were secretly having sexual liaisons with Communist officials. Other reporters were dismissed as “liberals,” a label that many news executives were eager to avoid. Working through the news executives was remarkably successful, Parry says, and it was not long before many Washington reporters were either brought to heel or marginalized.
'Perception Management' - Reagan’s team called its domestic propaganda scheme “perception management.” Parry says: “The idea was that if you could manage how the American people perceived events abroad, you could not only insure their continued support of the foreign policy, but in making the people more compliant domestically. A frightened population is much easier to control. Thus, if you could manage the information flows inside the government and inside the Washington press corps, you could be more confident that there would be no more Vietnam-style protests. No more Pentagon Papers. No more My Lai massacre disclosures. No more Watergates.” The New York Times and Washington Post, the newspapers that had led the surge of investigative reporting in the 1970s, were effectively muzzled during the Reagan era; Parry says that the two papers “became more solicitous to the Establishment than they were committed to the quality journalism that had contributed to the upheavals of the 1960s and 1970s.” The same happened at the Associated Press (AP), where Parry had attempted, with limited success, to dig into the Reagan administration’s Central American policies, policies that would eventually crystallize into the Iran-Contra scandal (see May 5, 1987). Few newspapers followed the lead of AP reporters such as Parry and Brian Barger until late 1986, when the Hasenfus air crash provided a news story that editors could no longer ignore (see October 5, 1986). But, Parry says, by the time of the Iran-Contra hearings, few news providers, including the Associated Press, had the stomach for another scandal that might result in another impeachment, particularly in light of the relentless pressure coming from the Reagan administration and its proxies. By June 1990, Parry says he understood “the concept of ‘perception management’ had carried the day in Washington, with remarkably little resistance from the Washington press corps.… Washington journalists had reverted to their pre-Vietnam, pre-Watergate inability to penetrate important government secrets in a significant way.” The process accelerated after 9/11, Parry says: “[M]any journalists reverted back their earlier roles as stenographers to power. They also became cheerleaders for a misguided war in Iraq. Indeed, you can track the arc of modern American journalism from its apex at the Pentagon Papers and Watergate curving downward to that center point of Iran-Contra before reaching the nadir of Bush’s war in Iraq. Journalists found it hard even to challenge Bush when he was telling obvious lies. For instance, in June 2003, as the search for WMD came up empty, Bush began to tell reporters that he had no choice but to invade because Saddam Hussein had refused to let UN inspectors in. Though everyone knew that Hussein had let the inspectors in and that it was Bush who had forced them to leave in March 2003, not a single reporter confronted Bush on this lie, which he repeated again and again right through his exit interviews in 2008” (see November 2002-March 2003, November 25, 2002, December 2, 2002, December 5, 2002, January 9, 2003, March 7, 2003, and March 17, 2003).
The Wikileaks Era and the 'Fawning Corporate Media' - Parry says that now, the tough-minded independent media has been all but supplanted by what former CIA analyst Ray McGovern calls the “Fawning Corporate Media.” This has increased public distrust of the media, which has led to people seeking alternative investigative and reporting methods. Parry comments that much of the real investigative journalism happening now is the product of non-professionals working outside the traditional media structure, such as Wikileaks (see February 15, 2007, 2008, and April 18, 2009). However, the independent media have not demonstrated they can reach the level of influence of institutions like the Washington Post and the New York Times. “[I]f we were assessing how well the post-Watergate CIA-style covert operation worked,” Parry says, “we’d have to conclude that it was remarkably successful. Even after George W. Bush took the United States to war in Iraq under false pretenses and even after he authorized the torture of detainees in the ‘war on terror,’ no one involved in those decisions has faced any accountability at all. When high-flying Wall Street bankers brought the world’s economy to its knees with risky gambles in 2008, Western governments used trillions of dollars in public moneys to bail the bankers out. But not one senior banker faced prosecution.… Another measure of how the post-Watergate counteroffensive succeeded would be to note how very well America’s oligarchy had done financially in the past few decades. Not only has political power been concentrated in their hands, but the country’s wealth, too.… So, a sad but—I think—fair conclusion would be that at least for the time being, perception management has won out over truth. But the struggle over information and democracy has entered another new and unpredictable phase.” [Consortium News, 5/15/2012]

Entity Tags: Fox News, David Koch, Washington Post, William Casey, William Simon, Central Intelligence Agency, Associated Press, The New Republic, Sun Myung Moon, Walter Raymond, Jr, Ronald Reagan, New York Times, George W. Bush, George Herbert Walker Bush, Rupert Murdoch, Robert Parry, Ray McGovern, Robert M. Gates, Olin Foundation, Charles Koch, Richard Mellon Scaife

Timeline Tags: Domestic Propaganda

Critics accuse an unnamed advisor to the Romney campaign of making a racially insensitive remark to British reporters when the advisor accused President Obama of not understanding the shared “Anglo-Saxon” heritage of the US and the United Kingdom (see July 24-25, 2012). Obama’s father was Kenyan, and many of Obama’s critics have accused Obama of not being sufficiently American (see October 1, 2007, January 16, 2008, October 16, 2008 and After, Around November 26, 2008, February 10, 2009, March 9, 2009, March 18, 2009, March 25, 2009, March 27, 2009, March 30-31, 2009, March 31, 2009, April 1, 2009, April 1-2, 2009, April 3-7, 2009, April 6, 2009, April 6-7, 2009, April 9, 2009, June 2, 2009, June 5, 2009, June 25, 2009, June 29, 2009, July 23, 2009, August 1-4, 2009, August 6, 2009, September 17, 2009, October 2, 2009, October 13, 2009, November 17, 2009, December 3, 2009, December 17, 2009, May 7, 2010, June 11, 2010, Shortly Before June 28, 2010, August 4, 2010, August 19, 2010, September 12, 2010, September 12, 2010 and After, September 16, 2010, September 18, 2010, September 23, 2010, October 22-23, 2010, March 28, 2011, April 7, 2011, April 27, 2011, April 27, 2011, May 23-24, 2011, June 10, 2011, January 13-20, 2012, and June 20, 2012) and of not working hard enough to bolster relations between the US and the United Kingdom. Critics also accuse Mitt Romney of trying to create a division between the US and the United Kingdom where none exists. Romney’s campaign is denying the remarks were ever made. [Daily Telegraph, 7/25/2012]
Vice President, Obama Campaign Advisor Respond - Vice President Joseph Biden is quick to lambast the Romney campaign for the comment. “Despite his promises that politics stops at the water’s edge, Governor Romney’s wheels hadn’t even touched down in London before his advisors were reportedly playing politics with international diplomacy,” he says in a statement, “attempting to create daylight between the United States and the United Kingdom where none exists. Our special relationship with the British is stronger than ever and we are proud to work hand-in-hand with Prime Minister Cameron to confront every major national security challenge we face today. On every major issue—from Afghanistan to missile defense, from the fight against international terrorism to our success in isolating countries like Iran whose nuclear programs threaten peace and stability—we’ve never been more in sync. The comments reported this morning are a disturbing start to a trip designed to demonstrate Governor Romney’s readiness to represent the United States on the world’s stage. Not surprisingly, this is just another feeble attempt by the Romney campaign to score political points at the expense of this critical partnership. This assertion is beneath a presidential campaign.” Obama campaign advisor David Axelrod calls the comments “stunningly offensive” in a Twitter post, which states, “Mitt’s trip off to flying start, even before he lands, with stunningly offensive quotes from his team in British press.” [CBS News, 7/25/2012; Business Insider, 7/25/2012; Guardian, 7/25/2012]
British Historian Questions Perception of 'Divisions' between Two Nations - British historian Tim Stanley says the perception of “divisions” between the US and the UK is overblown, and that many British citizens “love [Obama] because they see him as an antidote to the misdirected machismo of the Bush years. Few of us are keen to revive an alliance that led to the bloody mess of Iraq and Afghanistan.” More directly, the advisor’s “Anglo-Saxon” reference is obsolete and easily interpreted as racist. “Both countries are more multicultural than ever before, and both have forged alliances with countries that are decidedly un-Anglo-Saxon: the US is part of a trading bloc with Mexico and the UK is trapped in the engine room of the [European Union] Titanic,” Stanley writes. “Many will therefore interpret the choice of words as a clumsy attempt to play the race card, exploiting the impression that Obama is anti-British because he is of African descent.” Stanley writes that the advisors seemed more interested in painting Obama as a “left-winger” who lacks an understanding of the relations between the two nations than trying to make a racially insensitive remark, but he predicts the media will fasten onto the remark and label the Romney campaign, and perhaps Romney himself, as being racist to some degree. [Daily Telegraph, 7/25/2012]
British Columnist: Romney Should Not 'Cast Us All Back into the Dark Ages' - Ian Vince, a columnist with The Guardian, asks what exactly the Romney campaign might mean by stating a desire to restore “Anglo-Saxon” relations between the two nations. Vince notes the thousand years of culture and heritage contributed by the Normans, the Romans, the Danish Jutes, and the Vikings, among others, and the huge number of non-“Anglo-Saxons” who consider themselves proud British citizens. He concludes by observing, “Mitt Romney would be wise not to cast us all back into the Dark Ages.” [Guardian, 7/25/2012]
Liberal News Site: Comments Part of Larger Attack on Obama's Heritage, Patriotism - Judd Legum of the liberal news Web site Think Progress says the comments are part of a much broader series of attacks on Obama’s heritage and patriotism by the Romney campaign. Legum calls the comments “the latest attack by the Romney campaign on Obama’s multi-cultural heritage.” Last week, Legum reminds readers, Romney campaign co-chair John Sununu told reporters Obama has no understanding of the “American system” because he “spent his early years in Hawaii smoking something, spent the next set of years in Indonesia,” and said Obama needs to “learn how to be an American.” Later that day, Romney himself called Obama’s policies “extraordinarily foreign.” [Think Progress, 7/25/2012]
Neoconservative Magazine: Story Not Believable, Romney's Denial Should Settle Question - However, Alana Goodman of the neoconservative Commentary magazine says she did not believe the story from the moment it was reported. She says the story hinges entirely on a single unnamed source (the Romney advisor, who spoke on condition of anonymity), and accuses the Obama campaign of “scrambling to pump air into” the controversy surrounding the comments. She concludes, “Unless a reporter is able to verify who said this and what his role is in the campaign, Romney’s denial should put this story to rest.” [Commentary, 7/25/2012]

Entity Tags: Willard Mitt Romney, Joseph Biden, Judd Legum, John Sununu, Mitt Romney presidential campaign (2012), Ian Vince, David Axelrod, Alana Goodman, Barack Obama, Tim Stanley

Timeline Tags: 2012 Elections

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike