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Context of 'August 14, 1974: Nixon Begs to be Kept out of Court'

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Watergate special prosecutor Leon Jaworski receives a phone call from Senator James Eastland (D-MS), the chairman of the Judiciary Committee and a longtime friend of Richard Nixon. Eastland tells Jaworski that Nixon had called him from the Nixon compound in San Clemente, California. Nixon had cried during the conversation, says Eastland: “He said, ‘Jim, don’t let Jaworski put me in that trial with [former aides H. R.] Haldeman and [John] Ehrlichman. I can’t take any more.…’ He’s in bad shape, Leon.” Jaworski asks if Eastland has any plans for a Senate resolution opposing prosecution for Nixon; such a resolution would not be legally binding, but would provide cover for both Jaworski and President Ford if either decided to do something to keep Nixon out of court. “We’ll think on it,” Eastland says. Despite his mandate to pursue Nixon and bring him before a jury, Jaworski does not want Nixon in court. But he cannot find a legal justification for such an action. Prosecution counsel Philip Lacovara will recall: “The whole premise of this exercise called Watergate was to follow the facts wherever they lead, and if they led into the Oval Office, to apply the law to those facts in the same way that the law would apply to any other person. It would be fundamentally inconsistent with the idea of equal application of the law to prosecute people who had acted on President Nixon’s behalf, and indeed under President Nixon’s direction, and to give him a pass.” [Werth, 2006, pp. 74-75]

Entity Tags: Senate Judiciary Committee, John Ehrlichman, Gerald Rudolph Ford, Jr, H.R. Haldeman, James O. Eastland, Philip Lacovara, Leon Jaworski, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Philip Lacovara.Philip Lacovara. [Source: Oyez.org]One of Leon Jaworski’s senior Watergate prosecutors, Philip Lacovara, is incensed at what he and many others perceive as waffling by President Ford on the decision to pardon Richard Nixon. Ford has repeatedly acknowledged that he has the right to pardon Nixon if he so chooses, but he has also said that he is leaving the decision to indict to Jaworski. In Lacovara’s opinion, Ford is shifting the burden of responsibility and the possibility of any future blame directly onto Jaworski. Lacovara says that Jaworski should confront Ford, and “put [the matter] squarely to [Ford] over whether he wishes to have a criminal prosecution of the former president or not.… I believe he should be asked to face this issue now and make the operative judgment concerning the former president, rather than leaving this matter in the limbo of uncertainty that has been created.” Lacovara also knows that the question of a pardon hangs over the trial of the Watergate “Big Three”—H. R. Haldeman, John Ehrlichman, and John Mitchell. If Nixon is to be indicted along with these three, and then pardoned during the trial, it would wreak havoc on any chance of winning a guilty verdict for any of the three. If Ford is going to pardon Nixon, Lacovara says, he should do it now, before the Watergate trials can commence. Jaworski has an additional worry, fueled by Nixon’s lawyers: that Nixon might die during the proceedings, and Jaworski will be held to blame. Nixon’s lawyers are calling their client “mortally ill with phlebitis,” Lacovara will recall, and are arguing: “Why should the special prosecutor put this man into his grave? He’d suffered horribly enough and been forced to resign in disgrace. Just as a matter of human decency, this fatally ill man should not be called before the bar.” According to Lacovara, Jaworski does not want to make the decision to indict Nixon. Later, Jaworski tells former Nixon chief of staff Alexander Haig, with whom Jaworski stays in close contact, that his staff is pressuring hm to push Ford to either “fish or cut bait… and not dangle the possibility of a pardon out there. The president needs to know that this is a call that he’s ultimately going to have to make.” [Werth, 2006, pp. 229-232]

Entity Tags: Richard M. Nixon, Leon Jaworski, Alexander M. Haig, Jr., Gerald Rudolph Ford, Jr, H.R. Haldeman, John Ehrlichman, John Mitchell, Philip Lacovara

Timeline Tags: Nixon and Watergate

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