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Context of 'August 22, 1972: Judge Seals Evidence in Democratic Lawsuit against Nixon Campaign'

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While the police are arresting the five Watergate burglars (see 2:30 a.m.June 17, 1972), the team leader, E. Howard Hunt, goes to the hotel room in which Nixon campaign aide Alfred Baldwin has been monitoring the electronic surveillance devices surreptitiously installed in Democratic National Committee headquarters (see May 27-28, 1972). Baldwin was to monitor the burglars and warn them of trouble, but the burglar with the walkie-talkie, Bernard Barker, had his unit turned off and Baldwin was unable to warn them of police arriving on the scene. From Baldwin’s hotel room, Hunt phones a lawyer, Douglas Caddy; Hunt and Caddy both work at a public relations firm, Mullen Company, which some believe is a CIA front organization. Baldwin can hear Hunt talking about money, bail, and posting bonds. Hunt instructs Baldwin to load a van belonging to burglar James McCord with the listening post equipment and sensitive operational documents (the “Gemstone” file—see September 29, 1972), and drive to McCord’s house in Rockville, Maryland. Baldwin will soon tell his story to a lawyer, Robert Mirto; the information will soon find its way to DNC chairman Lawrence O’Brien. This is how O’Brien so quickly learns that White House aides such as Hunt and G. Gordon Liddy were involved in the Watergate burglary (see June 20, 1972). [Spartacus Schoolnet, 8/2007]
FBI Finds Information Connecting Burglars to White House Aide - Within hours of the burglary, FBI agents searching the Watergate hotel rooms of the burglars find a check with the name “E. Howard Hunt” imprinted on it. [O.T. Jacobson, 7/5/1974 pdf file] In October 1974, burglar Bernard Barker will write: “When we went on the mission, I had put all our identifications and wallets in a bag in the hotel room, and I told Howard that if something happened he would have everything, including my address book with the White House phone number. But when he left the room, he was in such a big hurry that he left everything there. This was a very bad mistake, of course, because [the FBI] immediately established the connection with Hunt and me. They had the connections on a silver platter. But I guess Hunt had enough things to worry about then.” [Harper's, 10/1974] The agents, quickly learning that Hunt is a White House employee, interview Hunt at his Potomac home; Hunt admits the check is his, but denies any knowledge of the burglary. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: E. Howard Hunt, Central Intelligence Agency, Bernard Barker, Alfred Baldwin, Committee to Re-elect the President, Douglas Caddy, Lawrence O’Brien, G. Gordon Liddy, James McCord, Democratic National Committee, Mullen Company, Federal Bureau of Investigation, Robert Mirto

Timeline Tags: Nixon and Watergate

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

Entity Tags: Nixon administration, Howard Simons, Lawrence O’Brien, James McCord, Martha Mitchell, Richard M. Nixon, Richard Helms, Washington Post, Ron Ziegler, George S. McGovern, Miles Copeland, G. Gordon Liddy, John Mitchell, Frank Sturgis, Carl Oglesby, Bob Woodward, Andrew St. George, Central Intelligence Agency, Carl Bernstein, Democratic National Committee, Daniel Ellsberg, E. Howard Hunt, Eugenio Martinez, Frank Wills

Timeline Tags: Nixon and Watergate, Elections Before 2000

Former Democratic National Committee (DNC) chairman Lawrence O’Brien files a $1 million civil suit against the Committee to Re-elect the President (CREEP) and the five men accused of burglarizing and electronically monitoring DNC offices (see 2:30 a.m.June 17, 1972). O’Brien’s suit charges that the surveillance and the burglary violate the constitutional rights of all Democrats. O’Brien says that there is “a developing clear line to the White House,” and notes what he calls the “potential involvement” of the special counsel to President Nixon, Charles Colson. Colson hired E. Howard Hunt, who allegedly planned the burglary, for CREEP. [Washington Post, 8/1/1972] O’Brien says: “We learned of this bugging attempt only because it was bungled. How many other attempts have there been and who was involved? I believe we are about to witness the ultimate test of this administration that so piously committed itself to a new era of law and order just four years ago.” [Bernstein and Woodward, 1974, pp. 26] The lawsuit will allow the DNC to get depositions from Nixon’s aides, beginning with CREEP director John Mitchell—something no one in the White House nor in CREEP intend to allow. [Reeves, 2001, pp. 504]

Entity Tags: E. Howard Hunt, Committee to Re-elect the President, Charles Colson, Democratic National Committee, John Mitchell, Lawrence O’Brien

Timeline Tags: Nixon and Watergate

Herbert L. “Bart” Porter, the director of scheduling for the Committee to Re-elect the President (CREEP) (see May 1971), learns that he will have to testify before the Watergate grand jury. Porter has already lied to the FBI in an initial interview (see July 31, 1972), and, as he later writes, is dismayed to learn that he will have to lie under oath again. His boss, Jeb Magruder, instructs him to “tell the same story” that he told the FBI investigators—that the campaign money he had passed along to Watergate burglar G. Gordon Liddy had been for nothing more than political “intelligence gathering.” Porter will write: “Having been given to believe that Liddy, unauthorized, had used his dirty-trick funds for l’affaire Watergate, I could not see why it sounded better to call them intelligence funds. But if I felt that testifying falsely before a grand jury just to change the name of a few never-to-be-performed campaign pranks, I felt powerless to do otherwise. I was trapped. If I changed my answer, what would I be doing to Jeb, [former CREEP chairman] John Mitchell, [Nixon aide] Bob Haldeman, and others who I was told were depending on me? I would lie awake at night imagining my getting through the ordeal without having to repeat that absurd story. I did not know that I was being used to cover up the truth about Watergate.” [Harper's, 10/1974]

Entity Tags: John Mitchell, Committee to Re-elect the President, Federal Bureau of Investigation, G. Gordon Liddy, H.R. Haldeman, Herbert L. Porter, Jeb S. Magruder

Timeline Tags: Nixon and Watergate

US District Court Judge Charles Richey, presiding over the Democratic Party’s lawsuit against the Committee to Re-elect the President (see June 20, 1972), reverses his own ruling and orders all pre-trial statements and depositions to remain sealed until after the lawsuit has run its course. This ensures that court statements by Nixon campaign officials such as John Mitchell, Maurice Stans, and others will not be made public until after the November election. Richey makes the decision unilaterally; no motion for such a decision has been made by campaign lawyers. Richey explains his extraordinary decision by saying he is concerned for the constitutional rights of those involved in the lawsuit. After issuing the ruling, Richey himself calls Washington Post reporter Carl Bernstein to explain his decision. He tells Bernstein, “I want it to be very clear that I haven’t discussed this case outside the courtroom with anyone, and that political considerations played no part whatsoever.” Bernstein is astounded at the call; he has never met Richey, and had not contacted Richey for comment. [Bernstein and Woodward, 1974, pp. 49] In November 1972, sources tell Post reporters Bernstein and Bob Woodward that “someone from the government got to Richey through the back door and got him to help the administration; a Republican governor said he could get to Richey and word came back that there was no need, it had already been done.” In their subsequent testimony, White House aides John Dean and H. R. Haldeman and Nixon campaign chairman John Mitchell all confirm that Richey was approached by Roemer McPhee, a close friend of Mitchell’s who, Dean will testify, pressured Richey into siding with the administration in the lawsuit. Richey will deny that McPhee tried to influence him. [Bernstein and Woodward, 1974, pp. 206]

Entity Tags: John Mitchell, Carl Bernstein, Bob Woodward, Charles Richey, Committee to Re-elect the President, Maurice Stans, Roemer McPhee, H.R. Haldeman, John Dean

Timeline Tags: Nixon and Watergate

In a Washington Post story about a press conference held by President Nixon (see August 29, 1972), reporters Carl Bernstein and Bob Woodward report a conversation with Enrique Valledor, president of the Florida Association of Realtors and the former boss of Watergate burglar Bernard Barker (see 2:30 a.m.June 17, 1972). Valledor recalls asking about Barker’s potential liability in the million-dollar lawsuit filed by the Democrats over the Watergate break-in (see June 20, 1972). Barker replies: “I’m not worried. They’re paying for my attorneys.” Valledor asks, “Who are they?” and Barker responds, “I can’t tell you.” It is the first public hint of direct monetary payments to the burglars by either White House or Nixon campaign officials. [Bernstein and Woodward, 1974, pp. 57-58]

Entity Tags: Bob Woodward, Bernard Barker, Richard M. Nixon, Florida Association of Realtors, Enrique Valledor, Carl Bernstein

Timeline Tags: Nixon and Watergate

Shortly after the Watergate indictments are handed down (see September 15, 1972), White House counsel John Dean is summoned to the Oval Office. He arrives to find President Nixon and chief of staff H. R. Haldeman “all grins,” as Dean will recall for his Watergate grand jury testimony. They are pleased the indictments have only gone as far as the seven burglars. “Great job, John,” Nixon tells Dean. “Bob told me what a great job you’re doing.” [Bernstein and Woodward, 1974, pp. 312]
Nixon Encouraging Cover-up, Illegal Influence of Judge - According to Dean’s later testimony before the Senate Watergate Committee (see June 25-29, 1973), Nixon “told me that Bob had kept him posted on my handling of the Watergate case. The President told me I had done a good job and he appreciated how difficult a task it had been and the President was pleased that the case had stopped with Liddy.… I responded that I could not take credit because others had done much more difficult things than I had done.” Dean will say that he is thinking of senior campaign official Jeb Magruder, who had perjured himself to keep the Watergate grand jury from learning of higher involvement (see August 1972). “I also told him that there was a long way to go before this matter would end, and that I certainly could make no assurance that the day would not come when this matter would start to unravel.” Dean tells Nixon that there is a good chance to delay the Democrats’ civil suits against the Nixon campaign (see June 20, 1972) until after the election because campaign lawyers are talking out of court to the judge, Charles Richey, who is “very understanding and trying to accommodate their problems” (see August 22, 1972). Nixon says, “Well, that’s helpful.” If Dean’s testimony is accurate, Nixon is encouraging the cover-up of criminal activity, and is supportive of attempts to illegally influencing a judge in a civil suit. [Time, 7/9/1973]
Nixon: Is Everyone Together 'to Stonewall?' - Nixon says he particularly enjoyed the burglars’ assertions to reporters that they would not inform on any superiors, and their memorized tirades about the Communist threat. He then asks, “Is the line pretty well set now on, when asked about the Watergate, as to what everybody says and does, to stonewall?” Haldeman responds that the burglars, particularly the four Cubans, “really believe” what they’re saying. “I mean, that was their motivation. They’re afraid of [Democratic candidate George] McGovern. They’re afraid he’ll sell out to the communists, which he will.” Dean predicts that “nothing will come crashing down” between now and the elections (see November 7, 1972). Nixon is already planning his post-election vengeance. “I want the most comprehensive notes on all those that tried to do us in,” he orders. “They are asking for it and they are going to get it…. We have not used the power in the first four years, as you know… but things are going to change now.” “That’s an exciting prospect,” Dean replies. [Reeves, 2001, pp. 526-527]

Entity Tags: H.R. Haldeman, John Dean, George S. McGovern, Senate Watergate Investigative Committee, Richard M. Nixon

Timeline Tags: Nixon and Watergate

New York Times headline announcing Nixon victory.New York Times headline announcing Nixon victory. [Source: New York Times]Richard Nixon defeats Democratic presidential candidate George McGovern in the largest landslide in modern electoral history. Nixon wins over 60 percent of the votes and 49 of the 50 states. [Gerald R. Ford Library and Museum, 7/3/2007] Democrats retain control of the House and Senate. Nixon’s victory breaches traditional Democratic strongholds in the Northeast, and his “Southern strategy” creates a “Solid South” of Republican support. Harry Dent, a White House aide involved in the “Southern strategy” of targeting conservative Democrats who once supported segregationist candidate George Wallace (see May 15, 1972), says, “[T]he Southern strategy is working—in fact, it’s working all over the country.” Democrats, on the other hard, were sharply divided throughout the campaign, with many traditional Democratically aligned organizations such as trade unions refusing to back the McGovern candidacy, problems with finding and keeping a suitable vice-presidential running mate, and McGovern surviving a challenge to his primary victory at the Democratic convention. [Washington Post, 11/8/1972] The simmering Watergate investigations apparently have little drag on the Nixon re-election efforts.

Entity Tags: Richard M. Nixon, George S. McGovern, George C. Wallace, Harry Dent

Timeline Tags: Nixon and Watergate, Elections Before 2000

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

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