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Context of 'August 29, 1974: Ford Should ‘Fish or Cut Bait’ on Pardon, Prosecutor Says'

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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

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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