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Context of 'August 9, 1974: Watergate Prosecutor Disturbed by Ford’s Refusal to Consider Executive Clemency'

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Newly installed President Gerald Ford (see August 9, 1974) has no intention of pardoning former President Richard Nixon. Press secretary Jerald terHorst tells reporters, “I don’t think the American people would stand for it.” TerHorst adds that Ford even opposes granting Nixon immunity from prosecution. “I can assure you of that,” he says. [Werth, 2006, pp. 17-18] Watergate special prosecutor Leon Jaworski is “stunned and upset” by terHorst’s statement that Ford is not considering executive clemency for Nixon. Jaworski wants to avoid any court and constitutional battles over Nixon’s legal liabilities, but he suspects Ford is attempting to pressure him into making the first move. Jaworski has tried to work with both Nixon chief of staff Alexander Haig and with his own staff, who to a man suspect him of having more loyalty to Nixon than an interest in pursuing the truth. But whatever loyalties Jaworski has towards Nixon have eroded over the months of investigations. Jaworski will later recall a “galling frustration” with Nixon, who “continually twisted the facts while I, who knew the truth, had to remain silent.” [Werth, 2006, pp. 30-31]

Entity Tags: Richard M. Nixon, Alexander M. Haig, Jr., Gerald Rudolph Ford, Jr, Jerald terHorst, Leon Jaworski

Timeline Tags: Nixon and Watergate

Jerald terHorst.Jerald terHorst. [Source: Dirck Halstead / Getty Images]During a White House press briefing, Press Secretary Jerald terHorst is grilled about the fate of the thousands of hours of recordings made by former President Richard Nixon, recordings clandestinely made by Nixon of conversations with his aides, staffers, advisers, and visitors (see February 1971 and July 13-16, 1973). The practice of secretly recording White House conversations began with Franklin D. Roosevelt, but Nixon had gone far beyond the simple recording systems made by his predecessors. He had hidden microphones in the lamps and room fixtures in the Oval Office, his office in the Executive Office Building (EOB), the Cabinet Room, and in the Aspen Lodge at Camp David. In all, he made over 3,700 hours of recordings between July 1971 and July 1973. The tapes are loaded with evidence of criminal conspiracies and deeds involving Nixon and dozens of his closest advisers and aides, and are of intense interest to reporters and the Watergate prosecutors. TerHorst causes a stir when he tells listeners that the tapes are currently being guarded by Secret Service personnel, and “they have been ruled to be the personal property” of Nixon. Ruled by whom? reporters demand. The “ruling” is based on a “formal,” albeit unwritten, legal opinion by White House lawyers Fred Buzhardt and James St. Clair, who had helped frame Nixon’s Watergate defense. TerHorst is unaware of the legal dispute over the tapes brewing in the White House and in the office of Leon Jaworski, the Watergate special prosecutor. Ford was not involved in the decision to turn the materials over to Nixon, says terHorst, but concurs in it. TerHorst is speculating far more than the reporters realize; he has been given little information and only scanty guidance from Buzhardt. When asked if the decision to give the documents and tapes to Nixon comes from “an agreement among the different staffs, the special prosecutor, the Justice Department, and the White House legal staff,” terHorst replies unsteadily, “I assume there would be because I’m sure neither one would just take unilateral action.” [Werth, 2006, pp. 71-75]

Entity Tags: Leon Jaworski, Richard M. Nixon, Franklin Delano Roosevelt, Fred Buzhardt, US Department of Justice, James St. Clair, Jerald terHorst

Timeline Tags: Nixon and Watergate

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