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Context of 'August 10, 1974: Jaworski Unsure How to Prosecute Nixon'

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Time cover of Leon Jaworski.Time cover of Leon Jaworski. [Source: Time]Watergate special prosecutor Leon Jaworski and his staff discuss how to proceed with the Watergate prosecutions. The combined trial of Nixon aide H. R. Haldeman and John Ehrlichman, former Attorney General John Mitchell, and three other Nixon aides, is scheduled for September 9, though that date seems unlikely. Most of the prosecution lawyers assume Jaworski will put Nixon on trial along with his aides. Nixon chief of staff Alexander Haig has already told Jaworski that Nixon will refuse to testify or be involved in any legal proceedings, and implied that Nixon’s mental and physical conditions are rapidly deteriorating. Jaworski is not sure what to do. His staff calls the entire issue of who should take what responsibility for handling Nixon the “monkey problem.” Prosecutors Richard Ben-Veniste and George Frampton later write, “On whose back was the monkey going to end up: the prosecutors, Congress, the White House, the grand jury, the court?” [Werth, 2006, pp. 31-33]

Entity Tags: John Ehrlichman, Alexander M. Haig, Jr., George Frampton, H.R. Haldeman, Richard M. Nixon, Leon Jaworski, Richard Ben-Veniste

Timeline Tags: Nixon and Watergate

Judge John Sirica, presiding over the Watergate trial of H. R. Haldeman, John Ehrlichman, and John Mitchell, postpones their trial until September 30. This gives Watergate special prosecutor Leon Jaworski some much-desired breathing room. Jaworski must decide whether to indict Richard Nixon. Jaworski’s staff unanimously believes Nixon must at least be indicted, if not actively prosecuted, or history will condemn the entire work of the special prosecution. George Frampton, one of Jaworski’s staff, notes that the politicians who could have made a decision on the issue have not done so. In a memo to Jaworski, Frampton writes that no one “can expect you now to abandon your mandate and responsibilities to the administration of justice in order to assume their burden.… I wonder if ten years from now history will endorse the notion that Mr. Nixon has ‘suffered enough.’ The powerful men around him have lost their liberty and their livelihoods. Mr. Nixon, on the other hand, will be supported in lavish style with a pension and subsidies at taxpayer expense until his death. He may reenter public life, no matter how morally crippled.” The breadth and depth of crimes allegedly committed by Nixon are such that Jaworski is not sure where to even start with an indictment. [Werth, 2006, pp. 162-163]

Entity Tags: John Mitchell, George Frampton, H.R. Haldeman, John Ehrlichman, Richard M. Nixon, John Sirica, Leon Jaworski

Timeline Tags: Nixon and Watergate

Philip Lacovara, a lawyer on Leon Jaworski’s Watergate prosecution staff, is adamant in pushing for an indictment against Richard Nixon (see August 22, 1974). Lacovara is a Goldwater conservative among a coterie of liberals and moderates; it is his role to interpret the team’s duties and responsibilities in light of the Constitution. As such, his recommendations carry weight. Jaworski is also discussing legal strategies with Herbert “Jack” Miller, Nixon’s lawyer, who intends to argue that Nixon cannot be given a fair trial by an impartial jury due to the incredible media coverage of the Watergate conspiracy (see Late August 1974). Jaworski’s prosecutors are solidly behind Lacovara in demanding that Nixon be indicted. “To do otherwise,” prosecutors Richard Ben-Veniste and George Frampton will later write, “was to admit that the enormity of Nixon’s crimes and the importance of his office automatically guaranteed him immunity from prosecution.” [Werth, 2006, pp. 207-208]

Entity Tags: Herbert (“Jack”) Miller, George Frampton, Richard Ben-Veniste, Richard M. Nixon, Philip Lacovara, Leon Jaworski

Timeline Tags: Nixon and Watergate

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