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Context of 'September 8, 1974: Press Secretary TerHorst Resigns over Imminent Pardon'

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Eugenio Martinez.Eugenio Martinez. [Source: public domain]President Nixon’s “Plumbers” unit, tasked to plug media leaks from administration officials and outsiders to the media, burglarizes the Los Angeles office of psychiatrist Lewis Fielding to find damaging information on Daniel Ellsberg, the former defense analyst and patient of Fielding who leaked the “Pentagon Papers” to the media. [Gerald R. Ford Library and Museum, 7/3/2007] Ellsberg is a former Marine captain in Vietnam and protege of Henry Kissinger who had a change of heart over the war; he then leaked a secret set of Pentagon documents to the New York Times detailing how the Kennedy and Johnson administrations had secretly escalated the war in Vietnam (see June 13, 1971).
Watergate Connection - One of the burglars is Eugenio Martinez, who later is arrested as one of the five Watergate burglars (see 2:30 a.m.June 17, 1972). Martinez and two others—Felipe de Diego and the mission leader, E. Howard Hunt, who will supervise the Watergate burglary—are all old “CIA hands” heavily involved in anti-Castro activities. Martinez is still active in the CIA, as is Hunt, whom he often refers to by his old CIA code name of “Eduardo.” Another Watergate burglar, CIA agent Bernard Barker, is also involved in the Ellsberg burglary.
Martinez: Burglary a Near-Disaster - Hunt tells Martinez and Diego that they are to burglarize the offices of a “traitor” who is spying for the Soviet Union, and that the mission was ordered by the White House, where Hunt is now an aide. Barker tells the Cubans, “We have to find some papers of a great traitor to the United States, who is a son of a b_tch .” The men will become a unit outside the normal law enforcement and intelligence channels, operating within but not part of the CIA, FBI, and “all the agencies,” Martinez will later recall. They buy photographic equipment at Sears, and Hunt and Diego use disguises—wigs, fake glasses, false identification, and voice-altering devices. “Barker recognized the name on Hunt’s false identification—Edward J. Hamilton—as the same cover name Eduardo had used during the Bay of Pigs,” Martinez will recall. The planning, Martinez will recall, is far looser and less meticulous than “anything I was used to in the [CIA].” A disguised Hunt and Diego, masquerading as delivery men, deliver the photographic equipment to the office; later that night, they and Martinez break in and rifle the office. Martinez will write that Hunt and de Diego looked “kind of queerish” in their disguises, with their “Peter Lorre-type glasses, and the funny Dita Beard wigs” (see February 22, 1972). Before the break-in, Barker, who does not enter, whispers to Martinez, “Hey, remember this name—Ellsberg.” Martinez does not recognize the name. [Harper's, 10/1974; Reeves, 2001, pp. 369]
Comedy of Errors - The burglars wait for hours until the cleaning lady leaves for the night, and find the door to the building locked. At that point, a fifth man, “George,” whom Martinez learns is G. Gordon Liddy, another of the Watergate burglars also involved in the Ellsberg planning, appears and tells them to break in through a window. [Harper's, 10/1974] Three burglars—Bernard Barker, Felipe de Diego, and Eugenio Martinez—perform the actual break-in, while Hunt and Liddy act as lookouts. [Reeves, 2001, pp. 369] The burglary is quickly turning into a comedy of errors, Martinez will recall. “This was nothing new. It’s what the Company did in the Bay of Pigs when they gave us old ships, old planes, old weapons. They explained that if you were caught in one of those operations with commercial weapons that you could buy anywhere, you could be said to be on your own. They teach you that they are going to disavow you. The Company teaches you to accept those things as the efficient way to work. And we were grateful. Otherwise we wouldn’t have had any help at all. In this operation it seemed obvious—they didn’t want it to be traced back to the White House. Eduardo told us that if we were caught, we should say we were addicts looking for drugs.” Martinez finds nothing concerning Ellsberg in the office except for Fielding’s telephone book, which Martinez photographs. Before leaving, Martinez spills some pills from Fielding’s briefcase—“vitamin C, I think”—over the floor to make it seem as if the burglars had broken in looking for drugs. As they leave the office, Martinez spots a police car trailing them, but they are not stopped. “I thought to myself that the police car was protecting us. That is the feeling you have when you are doing operations for the government. You think that every step has been taken to protect you.”
Failure; Training for Bigger Mission? - Martinez feels that the burglary is a failure, but Hunt insists that they celebrate anyway. Martinez tells Diego that the break-in must either be a training exercise for a more important mission to come, or it was a cover operation for something else. “I thought to myself that maybe these people already had the papers of Ellsberg. Maybe Dr. Fielding had given them out and for ethical reasons he needed to be covered. It seemed that these people already had what we were looking for because no one invites you to have champagne and is happy when you fail,” he will write. Martinez’s CIA supervisor is strangely uninterested in the incident. “I was certain then that the Company knew about his activities,” Martinez will write. “But once again my CO did not pursue the subject.” [Harper's, 10/1974] Hunt telephones Plumbers supervisor Egil Krogh at 4 a.m. to report that the burglary was a success but they found no files on Ellsberg. [Reeves, 2001, pp. 369]

Entity Tags: ’Plumbers’, Dita Beard, Central Intelligence Agency, E. Howard Hunt, Daniel Ellsberg, Richard M. Nixon, Egil Krogh, Henry A. Kissinger, Eugenio Martinez, Lewis Fielding, Felipe de Diego, Federal Bureau of Investigation, G. Gordon Liddy, Fidel Alejandro Castro Ruz

Timeline Tags: Nixon and Watergate

President Ford assigns attorney Benton Becker to find out what the technicalities of a presidential pardon are. Among Ford’s questions: Can a president pardon someone before that person is indicted? Would it stop a conviction if issued after an indictment but before jury deliberations? Does a pardon need to cite specific crimes, or can it be for across-the-board violations of the entire US criminal code? Would it affect charges brought by individual states or communities? In light of some senators’ push for Richard Nixon’s impeachment even though he has already resigned, would it stop an impeachment proceeding? “What does a pardon really mean?” Ford asks Becker. “Am I erasing everything he did, as if it never occurred? Does a pardon erase a criminal act or does it only erase criminal punishment?” [Werth, 2006, pp. 248-249]

Entity Tags: Gerald Rudolph Ford, Jr, Richard M. Nixon, Benton Becker

Timeline Tags: Nixon and Watergate

Defense Secretary James Schlesinger and Attorney General William Saxbe suggest that the Nixon pardon be tied to a proposal to grant conditional amnesty to Vietnam draft evaders, many of whom are still living as “outlaws” in Canada. The proposal has encountered stiff resistance from conservatives and veterans’ groups, but a bigger question is whether an amnesty proposal would be considered some sort of underhanded “quid pro quo” for Nixon’s pardon. The idea is eventually abandoned. [Werth, 2006, pp. 251-252]

Entity Tags: William Saxbe, James R. Schlesinger, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Researching the legal and technical aspects of presidential pardons (see August 30, 1974), Benton Becker, President Ford’s lawyer, finds that they only apply to federal crimes, meaning, for example, that Richard Nixon can still be prosecuted for crimes in California arising from his connections to the Ellsberg burglary (see September 9, 1971). It would not affect a Senate impeachment trial, even though the possibility of that happening is increasingly remote. Becker finds two legal references of particular use in his research: the 1915 Supreme Court case of United States v. Burdick, which attempted to answer the fundamental question of the meaning of a presidential pardon; and an 1833 quote from the first Chief Justice of the Supreme Court, John Marshall, who wrote, “A pardon is an act of grace… which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.” Becker determines that such an “act of grace” is an implicit admission of guilt. Unlike the proposed conditional amnesty for draft evaders (see August 31, 1974), a pardon will strike convictions from the books and exempt those pardoned from any responsibility for answering for their crimes, but it does not forget (in a legal sense) that those crimes took place. “The pardon is an act of forgiveness,” Becker explains. “We are forgiving you—the president, the executive, the king—is forgiving you for what you’ve done, your illegal act that you’ve either been convicted of, or that you’ve been accused of, or that you’re being investigated for, or that you’re on trial for. And you don’t have to accept this—you can refuse this.” The Burdick decision convinces Becker that by pardoning Nixon, Ford can stop his imminent prosecution, and undoubted conviction, without having to condone Nixon’s crimes. For Nixon to accept a pardon would be, in a legal sense, an admission of criminal wrongdoing. [Werth, 2006, pp. 263-265]

Entity Tags: US Supreme Court, Gerald Rudolph Ford, Jr, Richard M. Nixon, John Marshall, Benton Becker

Timeline Tags: Nixon and Watergate

Richard Nixon’s lawyer, Jack Miller, has prepared a “deed of trust” for Nixon’s presidential documents and tapes. According to the proposal, Nixon and the government will share ownership, and the files will be available for court subpoenas for up to five years. Two keys will be necessary to access the material, with Nixon retaining one and the General Services Administration (GSA) retaining the second. Miller is not sure Nixon will accept the plan, but he presents it to President Ford’s lawyers Benton Becker and Philip Buchen. (Nixon has another reason for wanting to retain control of the documents; his agent, Irv “Swifty” Lazar, is peddling a proposal for his biography to publishers, with an asking price of over $2 million. The documents will be a necessary source for the biography.) Buchen tells Miller that Ford is considering pardoning Nixon (see August 30, 1974). Miller is not sure Nixon wants a pardon, with its implication of guilt (see September 2, 1974). Miller has had trouble discussing Watergate with Nixon, who does not want to discuss it and certainly does not want to admit any guilt or complicity in the conspiracy. Becker says that the entire issue of Nixon’s pardon, and the concurrent question of the Nixon files, has to be resolved quickly. [Werth, 2006, pp. 280-281]

Entity Tags: Richard M. Nixon, Benton Becker, Irv ‘Swifty’ Lazar, General Services Administration, Philip Buchen, Herbert (“Jack”) Miller

Timeline Tags: Nixon and Watergate

President Ford and his lawyer, Benton Becker, discuss pardoning Nixon.President Ford and his lawyer, Benton Becker, discuss pardoning Nixon. [Source: David Hume Kennerly / Getty Images]President Ford authorizes his attorney, Benton Becker, to tell Richard Nixon, “It’s not final, but in all probability a pardon will be forthcoming.” Ford agrees not to seek a decision on Nixon’s presidential files (see September 4, 1974) as a condition for a pardon; however, a statement of contrition (if not an outright admission of guilt) is something Ford and his advisers want from Nixon in return for a pardon. As Becker prepares to leave for California to meet with Nixon and his lawyer, Ford tells Becker to carefully judge Nixon’s physical and mental health. As for the records, Becker will later recall: “We walked out of the office; [Ford] had his hand over my shoulder, he said, ‘I will never, ever give up those records. They belong to the American people. You let President Nixon know that I feel very strongly about this.’” [Werth, 2006, pp. 293] When Becker arrives in San Clemente, he meets with Ron Ziegler, Nixon’s former press secretary, who now serves as Nixon’s personal aide. Ziegler tells Becker, “I can tell you right now that President Nixon will make no statement of admission or complicity in return for a pardon from Jerry Ford.” Becker believes Ziegler was forewarned by Ford’s ad hoc chief of staff, Alexander Haig, who has maintained close contact with the Nixon staff since Nixon’s resignation. Ziegler apparently knows that Ford will not insist on either a document turnover or a statement of contrition in return for a pardon, and is toeing a hard line. Angered by what he considers Haig’s intolerable betrayal of Ford, Becker bluffs Ziegler, turning around and preparing to leave without further discussion. The bluff works; Ziegler and Becker discuss the problem until early in the morning hours. [Werth, 2006, pp. 294-295] By the next morning, Becker has overseen a tentative agreement with Nixon’s lawyer Jack Miller and General Services Administration (GSA) head Arthur Sampson. The agreement will “temporarily” store the documents in a facility near San Clemente, under restricted access requiring both Nixon and a GSA official to access the documents, and Nixon retaining control of who accesses the materials. On September 1, 1979, the agreement reads, Nixon will donate the materials entirely to the federal government. As for the tapes, Nixon retains the right to destroy the tapes after five years, which will be destroyed anyway on September 1, 1989, or on the occasion of Nixon’s death, “whichever event shall first occur.” [Werth, 2006, pp. 297-298]

Entity Tags: Ron Ziegler, Arthur Sampson, General Services Administration, Benton Becker, Gerald Rudolph Ford, Jr, Herbert (“Jack”) Miller, Alexander M. Haig, Jr., Richard M. Nixon

Timeline Tags: Nixon and Watergate

During the careful negotiations over the conditions of Richard Nixon’s possible pardon (see September 5-6, 1974), Nixon aide Ron Ziegler brings up the issue of the “statement of contrition,” and shows Benton Becker, the lawyer negotiating for President Ford, a draft statement. The statement, crafted by a speechwriter, blames the pressures of the office, Nixon’s preoccupation with foreign crises, and his decision to rely on the judgment of his staff, for his alleged involvement. The statement makes no admission of guilt or acceptance of responsibility whatsoever. Such a statement would invite state prosecution of Nixon even if Ford grants him a pardon for federal crimes, Becker notes. Nixon would be better off saying nothing at all than making this statement. A revised statement merely admits that Nixon was guilty of poor judgment. Becker presses for more. A third revision has Nixon admitting that he “can see clearly now that I was wrong in not acting more decisively and more forthrightly in dealing with Watergate, particularly when it reached the stage of judicial proceedings and grew from a political scandal into a national tragedy.” Becker seizes on the word “forthrightly” as an implied admission of contrition and a subtle acceptance of guilt. “The word is a synonym for ‘honestly,’” he will later recall. “That had meaning for me as a former prosecutor, because that meant obstruction of justice.” Ford, contacted by phone about the statement, is not happy with the legal parsing that Becker is trying to stretch into an implied admission of responsibility. Ford will later write, “I was taking one hell of a risk [in pardoning Nixon] and [Nixon] didn’t seem to be responsive at all.” [Werth, 2006, pp. 299-301] Becker finally meets face-to-face with Nixon, who seems to Becker unhealthily aged and almost “freakishly grotesque,” with long, thin arms dangling from the sleeves of his suit. Nixon doesn’t want to discuss Watergate at all, attempting repeatedly to steer the discussion towards football and responding in monosyllables to Becker’s attempts to discuss the details of the forthcoming pardon. After Becker manages to get a grudging, distracted acquiescence from Nixon to the deal, Nixon suddenly turns maudlin. He says Becker has been “a gentleman” towards him, and wants to give him a present. “But look around the office,” he says. “I don’t have anything anymore. They took it all away from me. Everything I had is gone.” Nixon gives Becker the last two bits of presidential memorabilia he owns, taken, he says, “from my personal jewelry box.” They are a presidential tiepin and a pair of presidential seal cufflinks. Nixon is almost in tears, and a distinctly uncomfortable Becker withdraws as graciously as he may. “I just wanted to get the hell out of there,” Becker will later recall. [Werth, 2006, pp. 304-306]

Entity Tags: Ron Ziegler, Benton Becker, Gerald Rudolph Ford, Jr, Richard M. Nixon

Timeline Tags: Nixon and Watergate

President Ford, realizing that has got all the concessions he is likely to get from Richard Nixon (see September 6, 1974) and fearing that Nixon may die before he can issue any executive clemency, finalizes his plans to announce a pardon for Nixon. He informs his closest advisers. Press secretary Jerald terHorst is not fully aware of the internal dealings for any pardon until he enters the press room, having been informed that Ford is preparing to make a major announcement. TerHorst is stunned at the news that Ford will pardon Nixon. He belatedly realizes that for weeks he has been misled by Ford and, accordingly, he has inadvertently misled the press and the American people about Ford’s intentions. Ford’s explanation that he did not want to force terHorst to lie to the press carries little weight with the press secretary. He feels that his 25-year relationship with Ford has been irrevocably tainted. Nevertheless, terHorst restrains himself, agreeing to come in early the next morning to help craft the statement to the press. But, driving home at the end of the workday, terHorst decides to resign. [Werth, 2006, pp. 312-313]

Entity Tags: Jerald terHorst, Gerald Rudolph Ford, Jr, Richard M. Nixon

Timeline Tags: Nixon and Watergate

After attending church, President Ford works on the final wording of his statement announcing the pardon of Richard Nixon. His statement will emphasize Nixon’s failing health and decades of service to the Republican Party and America. Ford alerts a few Congressional leaders of his upcoming announcement. Senator Barry Goldwater (R-AZ) is nonplussed. “What are you pardoning him of?” he asks, “It doesn’t make any sense.” Ford replies, “The public has the right to know that in the eyes of the president, Nixon is clear.” Goldwater is taken aback. “He may be clear in your eyes, but he’s not clear in mine,” Goldwater retorts. House Speaker Tip O’Neill (D-MA) is equally blunt. “I’m telling you right now,” O’Neill says: “this will cost you the election. I hope it’s not part of any deal.” Ford responds, “No, there’s no deal,” to which O’Neill says, “Then why the hell are you doing it?” O’Neill says that if Ford has to pardon Nixon, the timing is bad. He needs to wait. Ford disagrees. The resistance from without is reflected inside the White House, when press secretary Jerald terHorst tenders his resignation to Ford (see September 7, 1974). TerHorst’s letter says in part, “I cannot in good conscience support your decision to pardon” Nixon, “even before he has been charged with the commission of any crime. As your spokesperson, I do not know how I could credibly defend that action in the absence of a like decision to grant absolute pardon to the young men who evaded military service (see August 31, 1974) as a matter of conscience and the absence of pardon for former aides of Mr. Nixon who have been charged with crimes—and imprisoned.… [I]t is impossible to conclude that the former president is more deserving of mercy than persons of lesser station in life whose offenses have had far less effect on our national well-being.” [Werth, 2006, pp. 316-319]

Entity Tags: Richard M. Nixon, Thomas Phillip ‘Tip’ O’Neill, Jr, Barry Goldwater, Gerald Rudolph Ford, Jr, Jerald terHorst

Timeline Tags: Nixon and Watergate

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