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Context of 'September 9, 1971: ’Plumbers’ Burglarize Psychiatrist Office'

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Frederick LaRue.Frederick LaRue. [Source: Spartacus Educational]Two White House aides, Frederick LaRue and G. Gordon Liddy, attend a meeting of the Nixon presidential campaign, the Committee to Re-elect the President (CREEP), where it is agreed that the organization will spend $250,000 to conduct an “intelligence gathering” operation against the Democratic Party for the upcoming elections. (Spartacus Schoolnet 8/2007) The members decide, among other things, to plant electronic surveillance devices in the Democratic National Committee (DNC) headquarters (see April-June 1972). LaRue is a veteran of the 1968 Nixon campaign (see November 5, 1968), as is Liddy, a former FBI agent. (Spartacus Schoolnet 8/2007; Spartacus Schoolnet 8/2007) LaRue decides to pay the proposed “Special Investigations Unit,” later informally called the “Plumbers” (see Late June-July 1971), large amounts of “hush money” to keep them quiet. He tasks former New York City policeman Tony Ulasewicz with arranging the payments. LaRue later informs another Nixon aide, Hugh Sloan, that LaRue is prepared to commit perjury if necessary to protect the operation. A 1973 New York Times article will call LaRue “an elusive, anonymous, secret operator at the highest levels of the shattered Nixon power structure.” (Spartacus Schoolnet 8/2007) The FBI will later determine that this decision took place between March 20 and 30, 1972, not 1971 (see March 20-30, 1972). In this case, the FBI timeline is almost certainly in error, since the “Plumbers” break-in of the offices of Daniel Ellsberg’s psychiatrist came well before this date (see September 9, 1971).

The New York Times publishes the first of the so-called “Pentagon Papers,” the Defense Department’s secret history of the Vietnam War during the Kennedy and Johnson administrations (see January 15, 1969 and March 1971). The Washington Post will begin publishing the papers days later. (Reeves 2001, pp. 330; Moran 2007) The first story is entitled “Vietnam Archive: Pentagon Study Traces Three Decades of Growing US Involvement,” and is labeled the first of a series. (Moran 2007) The opening paragraph, by reporter Neil Sheehan, reads, “A massive study of how the United States went to war in Indochina, conducted by the Pentagon three years ago, demonstrates that four administrations [Eisenhower, Kennedy, Johnson, and Nixon] progressively developed a sense of commitment to a non-Communist Vietnam, a readiness to fight the North to protect the South, and an ultimate frustration with this effort—to a much greater extent than their public statements acknowledged at the time.” (Reeves 2001, pp. 330)
Nixon Believes Publication May Discredit Predecessors, Not Him - President Nixon, who is not mentioned in the papers, at first is not overly worried about the papers being made public, and feels they may actually do him more good than harm. (Werth 2006, pp. 84-87) In a tape-recorded conversation the same day as the first story is published, Nixon tells National Security Adviser Henry Kissinger that in some ways, the story helps him politically, serving to remind the voting public that the Vietnam War is more the product of his predecessors’ errors than his own. Nixon says that the publication just proves how important it is for his administration to “clean house” of disloyal members who might take part in such a “treasonable” act. (Moran 2007) “This is really tough on Kennedy, [Robert] McNamara [Kennedy’s secretary of defense], and Johnson,” he says. “Make sure we call them the Kennedy-Johnson papers. But we need… to keep out of it.” (Reeves 2001, pp. 331)
Kissinger Argues that Leak is a Threat to Nixon's Administration - However, Kissinger is furious, yelling to his staff: “This will destroy American credibility forever. We might as well just tell it all to the Soviets and get it over with.” Kissinger convinces Nixon to try to stop the Times from publishing the documents by in part appealing to his masculinity—Nixon would not want to appear as a “weakling” to his foreign adversaries, Kissinger argues. Kissinger himself fears that his former association with Ellsberg will damage his own standing in the White House. Kissinger says he knows that Ellsberg is a womanizer and a “known drug user” who “shot at peasants in Vietnam,” and that information can be used to damage Ellsberg’s credibility (see Late June-July 1971). (Reeves 2001, pp. 334; Werth 2006, pp. 84-87) One of the arguments Kissinger successfully uses to stoke Nixon’s ire is that the papers were leaked by one or more “radical left-wing[ers]” to damage the administration’s credibility. Nixon calls the leak a “conspiracy” against him and his administration. (Moran 2007) Nixon soon attempts to stop further publications with a lawsuit against the Times (see June 15, 1971). The Post will also become involved in the lawsuit. (Herda 1994) Nixon initially believes former Kissinger aide Leslie Gelb, now of the Brookings Institute, is responsible for leaking the documents. Although Nixon does not know this, he is quite wrong. Gelb has always worried that the documents would cause tremendous controversy if ever made public. Only 15 copies exist: five in Secretary of Defense Melvin Laird’s safe; copies under lock and key at the Kennedy and Johnson presidential libraries; several copies in the hands of former Johnson administration officials, including McNamara and his successor, Clark Clifford; and two at the RAND Corporation. Nixon widens his speculation over the leak, telling his chief of staff H. R. Haldeman that someone on Kissinger’s staff may have leaked the documents, or maybe some unknown group of “f_cking Jews.” Regardless of who it is, Nixon says, “Somebody’s got to go to jail for that.” It is Kissinger who quickly figures that Ellsberg was the leaker. (Reeves 2001, pp. 331-334)

President Nixon authorizes the creation of a “special investigations unit,” later nicknamed the “Plumbers,” to root out and seal media leaks. The first target is Daniel Ellsberg, who leaked the Pentagon Papers to the press (see June 13, 1971); the team will burglarize the office of Ellsberg’s psychiatrist, Dr. Lewis Fielding, in hopes of securing information that the White House can use to smear Ellsberg’s character and undermine his credibility (see September 9, 1971). Nixon aide John Ehrlichman, who supervises the “Plumbers,” will later say that the Ellsberg burglary is “the seminal Watergate episode.” Author Barry Werth will later write, “[L]ike all original sins, it held the complete DNA of subsequent misdeeds.” During the upcoming court battle over the documents, Nixon tells his aide Charles Colson: “We’ve got a countergovernment here and we’ve got to fight it. I don’t give a damn how it’s done. Do whatever has to be done to stop those leaks.… I don’t want to be told why it can’t be done.” Whatever damaging information the “Plumbers” can find on Ellsberg will be itself leaked to the press, Nixon says. “Don’t worry about his trial [referring to Ellsberg’s arrest on conspiracy and espionage charges (see June 28, 1971) ]. Just get everything out. Try him in the press… leak it out.” (Werth 2006, pp. 84-87) As he is wont to do, Nixon refers to his own success in convicting suspected Communist spy Alger Hiss in 1950. “We won the Hiss case in the papers,” he says. “We did. I had to leak stuff all over the place. Because the Justice Department would not prosecute it.… It was won in the papers…. I leaked out the papers. I leaked everything.… I leaked out the testimony. I had Hiss convicted before he ever got to the grand jury.” (Kutler 1997, pp. 10; Reeves 2001, pp. 337-338) In July 1973, FBI deputy director W. Mark Felt, the notorious “Deep Throat” (see May 31, 2005) will tell reporter Bob Woodward that Nixon created the Plumbers because the FBI would not do his bidding in regards to Ellsberg. Had the FBI agreed to investigate Ellsberg to the extent Nixon wanted, he would not have created the “Plumbers.” “The problem was that we [the FBI] wouldn’t burglarize” (see June 30-July 1, 1971), Felt will say. Ehrlichman will later testify, “Those fellows were going out as substitutes for the FBI.” (Woodward 2005, pp. 107)

Nixon aide John Ehrlichman passes on the president’s recommendations to the heads of the “Plumbers,” Egil Krogh and David Young (see July 20, 1971), regarding “Pentagon Papers” leaker Daniel Ellsberg (see Late June-July 1971): “Tell Keogh he should do whatever he considers necessary to get to the bottom of this matter—to learn what Ellsberg’s motives and potential further harmful action might be.” Within days, Keogh and Young will give Ehrlichman a memo detailing the results of investigations into Ellsberg and a dozen of Ellsberg’s friends, family members, and colleagues. The memo also says that the CIA’s psychological profile of Ellsberg is “superficial.” Keogh and Young recommend a covert operation be undertaken to examine the medical files held by Ellsberg’s psychiatrist, Dr. Lewis Fielding (see September 9, 1971). Ehrlichman approves the idea, with the caveat, “If done under your assurance that it is not traceable.” They also suggest that MI5 (British intelligence) wiretaps on Soviet KGB personnel in England in 1952 and 1953, the years when Ellsberg attended Cambridge University, be examined for any mention of Ellsberg. Ehrlichman approves this also. (Reeves 2001, pp. 352-353)

Nixon aide John Ehrlichman gives a progress report on the activities of the “Plumbers” to the president. “Plumbers” head Egil Krogh has “been spending most of his time on the Ellsberg declassification,” Ehrlichman reports, referring to the probe into “Pentagon Papers” leaker Daniel Ellsberg (see Late June-July 1971). “We had one little operation. It’s been aborted out in Los Angeles, which, I think, is better that you don’t know about. But we’ve got some dirty tricks underway. It may pay off.” The “little” Los Angeles project—designated “Hunt/Liddy Special Project No.1” in Ehrlichman’s notes—is the burglary of the offices of Ellsberg’s psychiatrist, Dr. Lewis Fielding (see September 9, 1971). The “aborted” mission refers to Ehrlichman’s refusal to countenance a second break-in, this time of Fielding’s home. (Reeves 2001, pp. 368-369)

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. (Martinez and Barker 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. (Martinez and Barker 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.” (Martinez and Barker 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)

Syndicated columnist Jack Anderson receives a memo written by International Telephone and Telegraph (ITT) lobbyist Dita Beard; the memo goes a long way towards proving that in return for hefty campaign contributions to the GOP, the Justice Department dropped its antitrust suit against the corporation (see 1969 and July 31, 1971). The memo, written on June 25, 1971 by Beard to ITT vice president Bill Merriam, is entitled “Subject: San Diego Convention.” Beard indicated her distress at the possibility of someone leaking the fact that ITT had quietly contributed $400,000 to the GOP for its 1972 convention in San Diego. Two of the few who know of the contribution, Beard wrote, were President Nixon and Attorney General John Mitchell. She asked whether the $400,000 should be donated in cash or in services, then wrote: “I am convinced because of several conversations with Louie re Mitchell that our noble commitment has gone a long way toward our negotiations on the mergers eventually coming out as Hal wanted them. Certainly the president has told Mitchell to see that things are working out fairly. It is still only McLaren’s mickey-mouse that we are suffering.” Anderson doesn’t know who “Louie” is, but he is sure “Hal” is Harold Geneen, ITT’s president. ITT had announced a $100,000 contribution, but the real amount is four times that. One of Anderson’s aides, Brit Hume, interviews Beard, and during a night of heavy drinking and Beard’s emotional outbursts, finds out that in May 1971, Beard had gone to a party hosted by Kentucky governor Louie Nunn, the “Louie” of the memo. Mitchell was at the party, and Beard was there to prime Mitchell as to what exactly ITT wants in return for its contribution and its assurance that it can secure San Diego as the GOP’s convention site. According to Beard, the deal was hatched between herself and Mitchell at Nunn’s party. Anderson quickly publishes a column based on the memo that causes a tremendous stir in Washington and the press. (Anderson 1999, pp. 194-200) (In his book The Secret Man, Bob Woodward will give the date for Anderson’s column revealing the Beard memo as February 19. This is apparently a typographical error.) (Woodward 2005, pp. 37) The White House will successfully pressure Beard to disavow the memo (see Mid-Late March, 1972).

According to the FBI’s Watergate investigation, John Mitchell, the director of the Committee to Re-elect the President (CREEP), and his aide Jeb Stuart Magruder discuss the proposal made by G. Gordon Liddy to plant electronic surveillance devices on the phone of the chairman of the Democratic Party, Lawrence O’Brien (see March 20, 1971). Magruder telephones President Nixon’s chief of staff, H. R. Haldeman, and Haldeman confirms that Nixon wants the operation carried out. (Spartacus Schoolnet 8/2007) On March 30, in a meeting held in Key Biscayne, Florida, Mitchell, the former Attorney General (see March 1, 1972), approves the plan and its budget of approximately $250,000. (O.T. Jacobson 7/5/1974 pdf file) Other sources list this decision as coming almost a year earlier (see March 20, 1971). In this case, the FBI timeline is almost certainly in error, since the “Plumbers” break-in of the offices of Daniel Ellsberg’s psychiatrist came well before this date (see Late June-July 1971 and September 9, 1971).

According to Watergate burglar Eugenio Martinez (see 2:30 a.m.June 17, 1972), White House aide E. Howard Hunt, whom he calls by his old CIA code name “Eduardo” (see September 9, 1971), is ratcheting up the activities of the White House “Plumbers” operation. Martinez is not yet aware of the nature of the team’s operations, but believes he is part of a black-ops, CIA-authorized organization working to foil Communist espionage activities. Hunt gives team member Bernard Barker $89,000 in checks from Mexican banks to cash for operational funds, and orders Barker to recruit new team members. Barker brings in Frank Sturgis, Virgilio Gonzalez, and Reinaldo Pico, all veterans of the CIA’s activities against Cuba’s Fidel Castro. On May 22, the six—Hunt, Barker, Gonzalez, Martinez, Pico, and Sturgis—meet for the first time at the Manger Hays-Adams Hotel in Washington for Hunt’s first briefing. By this point, Martinez will later recall, G. Gordon Liddy, who had been involved in the burglary related to Pentagon Papers leaker Daniel Ellsberg, is involved. Hunt calls Liddy “Daddy,” and, Martinez recalls, “the two men seemed almost inseparable.” They meet another team member, James McCord, who unbeknownst to Martinez is an official with Nixon’s presidential campaign (see June 19, 1972). McCord is introduced simply as “Jimmy,” an “old man from the CIA who used to do electronic jobs for the CIA and the FBI.” McCord is to be the electronics expert.
Plans to Break into McGovern HQ - Martinez says that the group is joined by “a boy there who had infiltrated the McGovern headquarters,” the headquarters of the campaign of Democratic presidential candidate George McGovern. According to Hunt, they are going to find evidence proving that the Democrats are accepting money from Castro and other foreign governments. (Interestingly, Martinez will write that he still believes McGovern accepted Cuban money.) Hunt soon aborts the mission; Martinez believes “it was because the boy got scared.”
New Plans: Target the DNC - Instead, he and Liddy begin planning to burglarize the headquarters of the Democratic National Committee (DNC) in the Watergate hotel and office complex. They all move into the Watergate to prepare for the break-in. Martinez will recall: “We brought briefcases and things like that to look elegant. We registered as members of the Ameritus Corporation of Miami, and then we met in Eduardo’s room.” The briefing is “improvised,” Martinez will recall. Hunt says that the Castro funds are coming to the DNC, not McGovern’s headquarters, and they will find the evidence there. The plans are rather impromptu and indefinite, but Martinez trusts Hunt and does not question his expertise. (Martinez and Barker 10/1974)

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. (Lewis 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. (Lewis 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.” (Martinez and Barker 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.” (Stern and Johnson 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)

After the press reports that the Watergate burglars will receive cash payments in return for their guilty pleas and their silence (see January 8-9, 1973 and January 8-11, 1973), Judge John Sirica angrily grills the four Miami-based defendants in court about the claims. To a man, they deny any pressure to plead guilty, any knowledge of cash payments to themselves or their families, and any knowledge of discussions of possible executive clemency. Defendant Virgilio Gonzalez even denies being a former CIA agent, when evidence has already established that he was on a $100/month retainer by the agency until the day after the Watergate burglary. (Defendant G. Gordon Liddy laughs aloud when Gonzalez makes this claim.) Gonzalez claims that the entire Watergate operation was somehow involved with the Communist regime of Cuba: Gonzalez says he is committed to “protect[ing] this country against any Communist conspiracy.” Sirica rolls his eyes in disbelief. Gonzalez claims not to know any specifics of the supposed connection between the Democrats and Castro’s Cuba, and says that he trusted the judgement of his superiors, Liddy and E. Howard Hunt. Fellow defendant Bernard Barker claims that none of them were paid for their actions: “These are not men that sell themselves for money,” Barker states. Barker confirms that he worked for Hunt, and says it was an honor for him to perform such a service. Washington Post reporters Carl Bernstein and Bob Woodward later write, “The prosecutors’ assurances that everything would come out at the trial were fading into nothingness, as the defendants ducked into the haze of their guilty pleas.” The five who pled guilty are led off to jail before their bail and sentencing hearings. (Bernstein and Woodward 1974, pp. 233-235; Gerald R. Ford Library and Museum 7/3/2007) In his Watergate grand jury testimony, White House counsel John Dean will say that President Nixon approved executive clemency for Hunt in December 1972 (see January 10, 1973). (Bernstein and Woodward 1974, pp. 312) In 1974, Barker will write that while in jail, James McCord is their group leader, but they do not fully trust him, partly because he is “very friendly with Alfred Baldwin, and to us Baldwin was the first informer” (see May 29, 1972). Another disconnection between McCord and the Cubans is his lack of participation in the Ellsberg burglary (see September 9, 1971). (Martinez and Barker 10/1974)

While awaiting sentencing, convicted Watergate burglar James McCord (see January 30, 1973) tells fellow burglar Bernard Barker that he is “not going to jail for these people,” apparently referring to White House officials. “If they think they are going to make a patsy out of me, they better think again.” Barker and his fellow “Cubans” are proud of their stubborn silence throughout the investigation, especially, as Barker will write, “not telling about the Ellsberg burglary” (see September 9, 1971). But, Barker will note, their silence did not pay off as they had hoped. “We were exposed by the very people who ordered us to do it—without their ever being in jail. [Egil] Krogh [the White House supervisor of the ‘Plumbers’] popped, they all popped.” Their lawyer tells them that the Ellsberg burglary is no longer secret, but in the news now, and they had better speak up about their role in that burglary while they still have a shot at gaining immunity for their testimony. But their colleague and putative leader E. Howard Hunt tells Barker and the others: “National security. We don’t talk. None of us talks.” (Martinez and Barker 10/1974)

White House counsel John Dean warns President Nixon of a “cancer on the presidency.” When this phrase enters the public dialogue, it is popularly misremembered as Dean warning Nixon about the ill effects of the Watergate conspiracy on the Nixon presidency. Instead, Dean is warning Nixon about the deleterious effects of the blackmail efforts being carried out against the White House by the convicted Watergate burglars (see June 20-21, 1972). In a conversation secretly taped by Nixon, Dean says, “We have a cancer within, close to the Presidency, that is growing. Basically it is because we are being blackmailed.” (Reeves 2001, pp. 577-578; Gerald R. Ford Library and Museum 7/3/2007; Spartacus Schoolnet 8/2007)
Cancer Should 'Be Removed Immediately' - In later testimony to the Senate Watergate Investigative Committee (see June 25-29, 1973), Dean states his words somewhat differently: “I began by telling the president that there was a cancer growing on the presidency and that if the cancer was not removed, that the president himself would be killed by it. I also told him that it was important that this cancer be removed immediately because it was growing more deadly every day.” Dean then tells Nixon virtually the entire story of the Watergate conspiracy, noting his discussions with other conspirators about the prospective wiretapping of the Democrats—particularly Watergate burglar G. Gordon Liddy and campaign officials John Mitchell and Jeb Magruder—and tells Nixon that he had reported the plans to Nixon’s top aide, H. R. Haldeman. He had participated in paying off the burglars to remain silent, and had coached Magruder to perjure himself before the Watergat grand jury (see April 14-18, 1973). Dean will testify: “I concluded by saying that it is going to take continued perjury and continued support of these individuals to perpetuate the cover-up and that I did not believe that it was possible to so continue it. Rather, all those involved must stand up and account for themselves and the president himself must get out in front.” But, Dean will testify, Nixon refuses to countenance Dean’s advice, and instead sets up a meeting with Dean, Haldeman, Mitchell, and his other top aide, John Ehrlichman. Nixon hopes that Mitchell will agree to take the blame for the Watergate wiretapping, and thusly quell the public uproar (Mitchell will refuse). Nixon, Haldeman, Ehrlichman, and Dean meet a second time that afternoon, a meeting which Dean will later describe as another “tremendous disappointment.” He will testify, “It was quite clear that the cover-up as far as the White House was concerned was going to continue.” He will testify that he believes both Haldeman and Ehrlichman, and himself, are indictable for obstruction of justice, and that “it was time that everybody start thinking about telling the truth.” However, both aides “were very unhappy with my comments.” (Time 7/9/1973) Dean tells Nixon that to save his presidency, he and his closest aides Haldeman and Ehrlichman are going to have to testify and most likely go to jail. (Bernstein and Woodward 1974, pp. 304)
Blackmail Payoffs - Between the blackmail and the almost-certainty that White House officials are going to start perjuring themselves, Dean concludes that the problem is critical. Convicted burglar E. Howard Hunt wants another $72,000 for what he is calling personal expenses and $50,000 more for attorneys’ fees. Hunt directly threatened aides John Ehrlichman and Egil Krogh (see July 20, 1971) with his testimony, saying that, Dean reports, “I have done enough seamy things for he and Krogh that they’ll never survive it.” Hunt is threatening to reveal the story behind the Ellsberg break-in (see September 9, 1971) and, in Dean’s words, “other things. I don’t know the full extent of it.” Nixon asks, “How much money do you need?” Dean replies, “I would say these people are going to cost a million dollars over the next two years.” Nixon muses, “You could get a million dollars. You could get it in cash. I know where it could be gotten. I mean it’s not easy but it could be done.” The money can be raised, Nixon says, but the idea of any presidential pardons for anyone is out. Nixon learns from his secretary, Rose Mary Woods, that their secret campaign fund still has over $100,000. That evening, Hunt is given $75,000 in cash. (Reeves 2001, pp. 577-578; Gerald R. Ford Library and Museum 7/3/2007; Spartacus Schoolnet 8/2007) Hunt will eventually receive $120,000, almost the exact amount he demands. (Reston 2007, pp. 35)

Attorney General Richard Kleindienst stays up until 5 a.m. going over the evidence surrounding the Watergate burglary with other Justice Department officials. He and Assistant Attorney General Henry Petersen meet with President Nixon, and tell the president that they both believe White House officials as well as officials of his re-election campaign are involved in the cover-up conspiracy. Kleindienst, who along with Petersen will testify to this before the Senate Watergate Committee (see Mid-August, 1973), will recall that Nixon is “dumbfounded”; Petersen’s recollection is that Nixon seems concerned but calm. Kleindienst openly weeps as he discusses the likelihood that his friend and former superior at the Justice Department, former campaign head John Mitchell, may be involved. Kleindienst will testify that Nixon consoles him: “I don’t think since my mother died when I was a young boy that I ever had an event that has consumed me emotionally with such sorrow, and he was very considerate of my feelings.” Petersen urges Nixon to fire both of his senior aides, H. R. Haldeman and John Ehrlichman, because he is certain that their continuation as White House officials will become a “source of vast embarrassment.” Petersen says bluntly that if the Justice Department finds any evidence of Nixon’s own involvement, he will not only resign, but will “waltz it [the information] over to the House of Representatives”—where impeachment proceedings begin. When Petersen asks about Pentagon Papers leaker Daniel Ellsberg (see August 5, 1971), before he can even ask about the burglary of Ellsberg’s psychiatrist’s office (see September 9, 1971), Nixon cuts him off, saying: “I know about that. That is a national security matter. You stay out of that.” (Time 8/20/1973) Peterson passes along Nixon’s instructions to chief prosecutor Earl Silbert, who accuses Peterson of acting as Nixon’s agent. The two get into a shouting match, and take the dispute to Kleindienst, who informs them that because he is recusing himself from the matter (see April 19, 1973), he cannot settle the issue. (Reeves 2001, pp. 593)

Attorney General Richard Kleindienst meets with President Nixon to tell him that White House counsel John Dean has testified about the White House’s ordering of the Ellsberg break-in (see September 9, 1971). The biggest problem is not the ties to the Watergate burglary, Kleindienst says, but the trial of Daniel Ellsberg now going on in Santa Monica, California (see May 11, 1973). The prosecution must inform the trial judge about the new information, and the judge must decide whether to inform Ellsberg’s lawyers. Nixon tries to claim that the break-in is a matter of national security and must not be divulged, but Kleindienst says it is too late for that, the information will “be out in the street tomorrow or two days from now, a week, and the law clearly dictates that we have to do—it could be another g_ddamn cover-up, you know.… We can’t have another cover-up, Mr. President.” Nixon says, “I don’t want any cover-ups of anything.”
Motive - Dean’s primary motive for divulging this information is his desire for immunity from prosecution, Kleindienst believes. He adds that Deputy Attorney General Henry Peterson has asked about granting Dean immunity: “and he even comes up to the point where a trump card of Dean would be that I’m going to implicate the president—and I told Henry at that point you have to tell Dean to go f_ck himself. You’re not going to blackmail the government of the United States and implicate the president in the Ellsberg matter.” Nixon, depressed and reckless, says that maybe he should just be impeached and removed from office, letting Vice President Spiro Agnew have the presidency. “There’s not going to be anything like that,” Kleindienst assures Nixon.
Details of Testimony - Nixon also grills Peterson about Dean’s testimony, and learns that Dean has divulged his knowledge of the destruction of key evidence by FBI chief L. Patrick Gray (see Late December 1972 and April 27-30, 1973)—Gray denies destroying the evidence, claiming Dean is lying. Nixon says Gray has to resign. Peterson says he will not give in to Dean on any attempt to blackmail his way into an immunity agreement; Nixon agrees, comparing it to the stories of paying Watergate burglar E. Howard Hunt “hush money” (see June 20-21, 1972)—“I would never approve the payoff of Hunt,” Nixon assures Peterson. Nixon ends the conversation by asking Peterson for the details of any upcoming case against chief of staff H. R. Haldeman. Peterson agrees to give him that information. (Reeves 2001, pp. 595-598)

US District Court Judge W. M. Byrne, Jr dismisses all charges against “Pentagon Papers” leaker Daniel Ellsberg (see March 1971) and Ellsberg’s co-defendant, Anthony Russo. (Arnold 5/11/1973) Byrne was shocked to learn that Watergate burglars G. Gordon Liddy and E. Howard Hunt had supervised the burglary of the office of Ellsberg’s psychiatrist (see September 9, 1971). The source of the information was probably White House counsel John Dean. (Bernstein and Woodward 1974, pp. 307) Initially, government prosecutors had insisted that Ellsberg had never been wiretapped, but FBI director William Ruckelshaus found that Ellsberg had indeed been recorded, during a conversation with former Kissinger aide Morton Halperin, who had been wiretapped (see June 19, 1972). Ruckelshaus tells the court that Halperin had been monitored for 21 months. It is the first public acknowledgement that the Nixon administration had used wiretaps against its political enemies (see June 27, 1973). Additionally, the government had broken the law when it failed to disclose the wiretap to Ellsberg’s defense lawyers. (Bernstein and Woodward 1974, pp. 313) Byrne cites “improper government conduct shielded so long from public view” and an array of governmental misconduct in dismissing the charges. “The conduct of the government has placed the case in such a posture that it precludes the fair, dispassionate resolution of these issues by a jury,” Byrne rules. Ellsberg and Russo were charged with theft, conspiracy, and fraud in the case. The government’s actions in attempting to prosecute Ellsberg and Russo “offended a sense of justice,” he says. One of the governmental actions that Byrne decries was the wiretapping of Ellsberg’s telephone conversations by the FBI in 1969 and 1970, and the subsequent destruction of the tapes and surveillance logs of those conversations. Byrne is also disturbed by the burglary of the offices of Ellsberg’s psychiatrist by government agents (see June 30-July 1, 1971 and September 9, 1971), and the apparent involvement of the FBI and the CIA in the prosecution of the case at the “request of the White House.” Referring to the burglary, Byrne says, “We may have been given only a glimpse of what this special unit did.” After the trial, Ellsberg is asked if he would disclose the Pentagon documents again, and he replies, “I would do it tomorrow, if I could do it.” (Arnold 5/11/1973)

Washington Post headline from Dean story.Washington Post headline from Dean story. [Source: Washington Post]Former White House counsel John Dean has told Watergate investigators that he discussed the Watergate cover-up with President Nixon at least 35 times (Gerald R. Ford Library and Museum 7/3/2007) between January and April of 1973, according to sources quoted by the Washington Post. Dean plans on testifying to his assertions in the Senate Watergate hearings (see May 17-18, 1973), whether or not he is granted immunity from prosecution. He will also allege that Nixon himself is deeply involved with the Watergate cover-up. Nixon had prior knowledge of payments used to buy the silence of various Watergate conspirators, and knew of offers of executive clemency for the conspirators issued in his name. Dean has little solid evidence besides his own personal knowledge of events inside the White House.
Haldeman, Ehrlichman, Nixon Central Figures in Cover-Up - Dean will testify that two of Nixon’s closest aides, H. R. Haldeman and John Ehrlichman (see April 30, 1973), were also present at many of the meetings where the cover-up was discussed in Nixon’s presence. The White House, and Haldeman and Ehrlichman, have tried to portray Dean as the central figure in the Watergate conspiracy, and the Justice Department says there is ample evidence to indict Dean for a number of crimes related to the cover-up. Dean and his supporters paint Dean as a White House loyalist who merely did what he was told, until he began agonizing over the effect Watergate was having on Nixon. Dean alleges that Nixon asked him how much the seven Watergate defendants (see June 17, 1972) would have to be paid to ensure their silence, aside from the $460,000 already paid out; when Dean replied that the cost would be around $1 million, Nixon allegedly replied that such a payoff would be no problem. Dean has told investigators that later Nixon insisted he had been merely “joking” about the payoff. Dean says by that time—March 26—Nixon knew that Dean would be cooperating with the Watergate investigation, and that he believes Nixon was trying to retract the statement for his own legal well-being.
Pressured to Confess - Dean has also testified that Nixon tried to force him to sign a letter of resignation that would have amounted to a confession that Dean had directed the Watergate cover-up without the knowledge of Nixon, Haldeman, or Ehrlichman. When Dean refused to sign, he says, Nixon warned him “in the strongest terms” never to reveal the Nixon administration’s covert activities and plans. Dean also says that Nixon personally directed the White House’s efforts to counterattack the press over Watergate (see October 16-November, 1972). Until January 1, Dean has told investigators, he usually reported to Haldeman and Ehrlichman regarding his Watergate-related activities, but after that date Nixon began taking more of an active role in dealing with Dean, and gave Dean direct orders on handling the cover-up.
Reliable Witness - Dean has so far met eight times with the Watergate prosecutors, and twice with the chief legal counsel of the Senate Watergate committee, Samuel Dash. Dash and the prosecutors find Dean a compelling and believable witness. “[E]verything we have gotten from Dean that we were able to check out has turned out to be accurate,” says one Justice Department source. Dean says he tried without success to obtain records that would support his allegations in his final days in the White House, and believes that many of those records may have been destroyed by now. Dean did manage to remove some secret documents before his firing, documents that prompted Nixon to recently admit to “covert activities” surrounding Watergate. Dean’s information has already led to the revelation of the burglary of the office of Pentagon Papers leaker Daniel Ellsberg (see September 9, 1971), and to the resignation of FBI director L. Patrick Gray after Gray was found to have destroyed evidence taken from the safe of Watergate burglar E. Howard Hunt (see June 28, 1972). (Bernstein and Woodward 6/3/1973)

Watergate investigators find a memo addressed to John Ehrlichman detailing plans to burglarize the office of Daniel Ellsberg’s psychiatrist (see September 9, 1971). The one-page memo was sent to Ehrlichman by former White House aides David Young and Egil “Bud” Krogh, and was dated before the September 3, 1971 burglary. The memo was given to investigators by Young, who has been granted immunity from prosecution in return for his cooperation. Young, says Justice Department sources, will testify that Ehrlichman saw the memo and approved the burglary operation. Ehrlichman, through his attorney, denies any advance knowledge of the burglary. Young and Krogh directed the day-to-day operations of the so-called “Plumbers,” a group of White House and Nixon campaign operatives charged with stopping media leaks. Krogh has testified in an affidavit that he was given “general authorization to engage in covert activity” to obtain information on Ellsberg by Ehrlichman. Krogh won Senate confirmation as an undersecretary in the Department of Transportation, but has since resigned his post. Young was a member of the National Security Council and a former appointments secretary to National Security Adviser Henry Kissinger; he resigned in April. (Woodward and Bernstein 6/13/1973)

White House special counsel Richard Moore, who testifies to the Senate Watergate Committee before former White House aide Alexander Butterfield admits to the existence of a secret White House taping system (see July 13-16, 1973), insists that it is his “firm conviction” that President Nixon knew nothing of the cover-up of the Watergate conspiracy until March 21, 1973 (see March 21, 1973). Moore recalls an April 19 conversation with Nixon, in which Nixon allegedly said that then-White House counsel John Dean had told Nixon of the cover-up on March 21. According to Moore, Dean also told Nixon about the demands for “hush money” from convicted Watergate burglar E. Howard Hunt to keep Hunt quiet about his knowledge of the burglary of the office of Daniel Ellsberg’s psychiatrist (see September 9, 1971). Terry Lenzner, one of the committee’s lawyers, reads White House log summaries made by Republican committee counsel Fred Thompson, summaries that have been verified as accurate by White House officials. Moore refuses to acknowledge that those log summaries are accurate reflections of conversations held by Nixon. Moore says that he had concluded on March 20 that Nixon “could not be aware of the things that Mr. Dean was worried about,” including the cover-up and the potential of it being publicly revealed. Lenzner asks: “Mr. Moore, do you agree now that your understanding of the president’s information and knowledge was basically incorrect. That he did, in fact, have information at that meeting… on March 20 concerning [Gordon] Strachan [an aide to Chief of Staff H. R. Haldeman] and also possible involvement in Watergate and also involving the Ellsberg break-in?” Moore replies: “You have heard my statement on that, of course, that [Nixon] did not, that it was my judgment that he did not. I know of nothing to change that.” Dean has testified that on March 13 he told Nixon of Strachan’s possible involvement with the cover-up, and on March 17 he told Nixon of the Ellsberg break-in, testimony substantiated by the White House log summaries. Moore suggests that the committee ask someone who was at those meetings. Moore’s testimony will be proven false by the so-called “Nixon tapes.” (Meyer 7/17/1973)

John Ehrlichman testifies before the Senate Watergate Committee.John Ehrlichman testifies before the Senate Watergate Committee. [Source: Associated Press]Former senior White House aide John Ehrlichman testifies before the Senate Watergate Committee. (CNN 2/15/1999) He disputes previous testimony by former White House counsel John Dean (see June 3, 1973), and defends both the Ellsberg break-in (see September 9, 1971) and President Nixon’s overall conduct. (Facts on File 8/28/2006)

Egil “Bud” Krogh, the former White House aide who helped coordinate the “Plumbers” (see March 20, 1971), pleads guilty to violating the civil rights of Dr. Lewis Fielding. The “Plumbers” broke into Fielding’s office to try to find incriminating evidence against one of Fielding’s clients, Daniel Ellsberg (see September 9, 1971). Krogh will serve six months in jail of an original two-to-six-year sentence. (O.T. Jacobson 7/5/1974 pdf file) Krogh said during the trial, “I now feel that the sincerity of my motivation cannot justify what was done, and that I cannot in conscience assert national security as a defense.” (Harper's 10/1974)

Former White House aides John Ehrlichman, Charles Colson, and G. Gordon Liddy, and three Cuban-Americans, including two of the convicted Watergate burglars (see January 8-11, 1973), Bernard Barker and Eugenio Martinez, are charged with planning and executing the burglary of the offices of Dr. Lewis Fielding, Pentagon Papers leaker Daniel Ellsberg’s psychiatrist (see September 9, 1971). Colson will quickly reach a plea-bargain agreement, promise to cooperate with the prosecution, plead guilty to one count of obstruction of justice, and serve approximately seven months in prison. (Bernstein and Woodward 1974, pp. 335; Billy Graham Center 12/8/2004) He will also be disbarred. In the guilty plea agreement, Colson admits to having devised “a scheme to obtain derogatory information about Daniel Ellsberg,” who himself was facing criminal charges relating to the Pentagon Papers leak. Colson wanted to smear Ellsberg’s reputation in the media, in essence having Ellsberg “tried in the newspapers” even though this would have an “adverse effect on his right to a fair trial.” Colson also admits to having written a “scurrilous and libelous memorandum” about one of Ellsberg’s attorneys. He does not admit to actually taking part in the planning of the Fielding burglary. (Time 6/17/1974) In 2006, White House counsel John Dean will write that Colson’s promise of cooperation is virtually worthless: “[I]n the end he proved to be utterly useless as a government witness, since the government could not vouch for his honesty.” (Dean 2006, pp. xxiii)

G. Gordon Liddy, one of the “Plumbers,” is convicted of an array of crimes related to the Ellsberg break-in (see September 9, 1971), and is sentenced from six to twenty years in prison. He faces concurrent charges of violating the civil rights of Ellsberg’s psychiatrist, Dr. Lewis Fielding (see March 7, 1974). (O.T. Jacobson 7/5/1974 pdf file)

Former Nixon White House aide Charles Colson, later described by reporter David Plotz as “Richard Nixon’s hard man, the ‘evil genius’ of an evil administration,” is sentenced to jail after pleading guilty (see March 7, 1974) to taking part in the plan to break into Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971) and interfering with Ellsberg’s trial (see June 28, 1971). Colson also, according to Watergate historian Stanley Kutler, tried to hire Teamster thugs to beat up antiwar demonstrators, and plotted to either raid or firebomb the Brookings Institution (see June 8-9, 1973). Colson will serve seven months in jail (see September 3, 1974). (Plotz 3/10/2000) Colson tells the court: “I shall be cooperating with the prosecutor, but that is not to say that the prosecutor has bargained for my testimony, that there is any quid pro quo: there was not. I reached my own conclusion that I have a duty to tell everything I know about these important issues, and a major reason for my plea was to free me to do so.” Colson’s testimony against Richard Nixon is damning, as he tells the court Nixon had “on numerous occasions urged me to disseminate damaging information about Daniel Ellsberg.” Vice President Ford defends Nixon, saying, “There’s a big difference between telling Chuck Colson to smear Ellsberg and ordering—or allegedly ordering—a break-in.” Colson will later become a born-again Christian evangelist, and found an influential prison ministry. (Plotz 3/10/2000; Werth 2006, pp. 273-274)

The Justice Department’s Office of Planning and Evaluation (OPE) submits a report on the role and actions of the FBI in the Watergate investigations. The report finds that, even with the attempts of former Attorneys General John Mitchell and Richard Kleindienst, White House aides John Dean and Jeb Magruder, and others to “mislead and thwart the Bureau’s legitimate line of inquiry,” and the “contrived covers” used to direct attention away from the White House, the FBI investigation was “the ultimate key to the solution of not only the Watergate break-in (see 2:30 a.m.June 17, 1972) but the cover itself.” The report continues: “There can be no question that the actions of former Attorneys General Mitchell and Kleindienst served to thwart and/or impede the Bureau’s investigative effort. The actions of John W. Dean at the White House and Jeb S. Magruder at the Committee to Re-elect the President were purposefully designed to mislead and thwart the Bureau’s legitimate line of inquiry. At every stage of the investigation there were contrived covers placed in order to mislead the investigators.” The OPE notes the following problems in the investigation, and provides explanations of some:
bullet Providing information concerning ongoing investigations to the White House, and allowing Dean to actually sit in on interviews of White House personnel (see June 22, 1972).
bullet Failing to interview key members of CREEP, the Nixon re-election campaign organization, as well as allowing CREEP attorneys to sit in on interviews of CREEP employees and allowing those attorneys access to FBI investigative materials. The report says that the investigation initially focused on James McCord and E. Howard Hunt, and interviewed CREEP officials tied directly to them. The net was widened later on. However, the report acknowledges that many CREEP employees undoubtedly lied to FBI investigators, “most notably John Mitchell, Jeb Magruder, Bart Porter, Sally Harmony, and Maurice Stans.” Porter and Magruder in particular “lied most convincingly.” Another CREEP employee, Robert Reisner (Magruder’s assistant), was not interviewed because Reisner successfully hid from FBI investigators. The FBI believes it was Reisner who cleaned out the “Operation Gemstone” files from Magruder’s office (see January 29, 1972 and September 29, 1972). Numerous other financial and other files were also destroyed after being requested by the FBI, most notably Alfred Baldwin’s surveillance tapes and logs from the Democratic offices in the Watergate (see May 29, 1972). Many of these files were destroyed by G. Gordon Liddy. “It is apparent that most [CREEP] people in the summer of 1972 were quite willing to lie and/or tell us considerably less than the full truth,” the report notes.
bullet An untenable delay in searching and securing Watergate burglar E. Howard Hunt’s desk in the White House, putting the contents of that desk at risk of being removed, and the “[a]lleged activities by former Acting Director [L. Patrick] Gray to limit, contain, or obstruct FBI investigation of Watergate” (see June 22, 1972). Gray is known to have destroyed materials from Hunt’s desk given to him by Dean, and is known to have extensively interfered with the FBI’s investigation (see June 28-29, 1972 and Late December 1972). The report notes that while it cannot find specific evidence that Gray broke any laws in his attempts to impede the FBI’s investigation into the Watergate conspiracy, it is clear that Gray cooperated with the White House, specifically through Dean, to ensure that the White House was always aware of what avenues of investigation were being pursued. The OPE says that Gray’s destruction of files from Hunt’s safe did not necessarily impede the FBI’s investigation, because it has no way of knowing what was in those files. The report says that it is unfortunate that “many people make no distinction between the FBI’s actions and Mr. Gray’s actions.”
bullet Failure to interview key individuals with knowledge of the suspicious monies found in the burglars’ bank accounts.
bullet Failing to secure and execute search warrants for the burglars’ homes, automobiles, and offices. The OPE says that many of those issuing this criticism “should know better,” and claims that the FBI agents involved did their level best to obtain search warrants within the bounds of the law. The report notes that after the burglary, the assistant district attorney prosecuting the case, Earl Silbert, did not believe there was probable cause to search burglar James McCord’s home or office until after July 10, 1972, when Baldwin told the FBI that he had taken surveillance equipment to McCord’s home (see June 17, 1972). Even then, Silbert decided that because of the amount of time—23 days—that had expired, a search warrant would have been pointless.
bullet Failing to identify and interview a number of people listed in the burglars’ address books. The OPE report notes that the decision to interview far less than half of the names in the books was made by FBI agents in the Miami field office, and due to the “fast moving extensive investigation which was then being conducted,” the decision to only track down a selected few from the books was right and proper. The report notes that subsequent interviews by reporters of some of the people in the address books elicited no new information. The report also notes that Gray refused to countenance interviews of the remaining subjects in the address book while the trial of the seven burglars (see January 8-11, 1973) was underway.
bullet Failing to find and remove a surveillance device from the Democratic National Committee headquarters (see September 13, 1972). The OPE calls this failure “inexplicable.”
bullet Failure to thoroughly investigate CREEP agent Donald Segretti (see June 27, 1971, and Beyond) and other CREEP operatives. The OPE finds that because Segretti was initially uncooperative with FBI investigators, and because an “extensive investigation” turned up nothing to connect Segretti with the Watergate conspiracy, the agents chose not to continue looking into Segretti’s actions. Only after press reports named Segretti as part of a massive, White House-directed attempt to subvert the elections process (see October 7, 1972) did the FBI discuss reopening its investigation into Segretti. After reviewing its information, the FBI decided again not to bother with Segretti. The OPE finds that the decision was valid, because Segretti had not apparently broken any federal laws, and the FBI does not conduct violations of election laws unless specifically requested to do so by the Justice Department. The report also says that politics were a concern: by opening a large, extensive investigation into the Nixon campaign’s “dirty tricks,” that investigation might have impacted the upcoming presidential elections.
bullet Media leaks from within the FBI concerning key details about the investigation (see May 31, 2005). The report finds no evidence to pin the blame for the leaks on any particular individual. The report notes that New York Times reporter John Crewdson seemed to have unwarranted access to FBI documents and files, but says it has turned that matter over to another agency inside the bureau.
bullet Failing to interview, or adequately interview, key White House officials such as H. R. Haldeman, Charles Colson, Dwight Chapin, and others. The report justifies the decision not to interview Haldeman because the FBI had no information that Haldeman had any knowledge of, or involvement in, the burglary itself.
bullet “Alleged attempt on part of Department of Justice officials to limit, contain, or obstruct FBI investigation.” The report is particularly critical of Kleindienst’s concealment of his contact with Liddy about the burglary (see June 17, 1972).
bullet “Alleged attempt by CIA officials to interfere, contain, or impede FBI Watergate investigation.” The report notes that during the Senate Watergate Committee hearings, Republican co-chairman Howard Baker (R-TN) tried repeatedly to assert that the CIA was behind the burglary. The report calls Baker’s theory “intriguing” but says no evidence of CIA involvement on any operational level was ever found. The report notes that there is still no explanation for the discussions regarding the CIA paying the burglars (see June 26-29, 1972), or the CIA’s involvement with Hunt before the burglary—loaning him cameras, providing him with materials for a disguise, and helping Hunt get film from the first burglary developed. According to the report, Gray stopped the FBI from pursuing these leads. The FBI report says that the CIA involvement apparently had nothing to do with the Watergate burglary, but was more in support of Hunt’s activities with the Ellsberg break-in (see September 9, 1971).
bullet “Alleged activities on part of White House officials to limit, contain, or obstruct FBI Watergate investigation (Dean, Haldeman, Ehrlichman, Colson, et cetera).” The report notes, “There is absolutely no question but that the president’s most senior associates at the White House conspired with great success for nine months to obstruct our investigation.” The report says it was “common knowledge” throughout the investigation that the White House was paying only “lip service” to investigators’ requests for honest, complete answers; the report cites Dean as a specific offender. (O.T. Jacobson 7/5/1974 pdf file)

Barbara Jordan speaking before the House Judiciary Committee.Barbara Jordan speaking before the House Judiciary Committee. [Source: American Rhetoric (.com)]Barbara Jordan (D-TX), a member of the House Judiciary Committee, makes an eloquent speech reminding her colleagues of the constitutional basis for impeaching a president (see May 9, 1974). Jordan says that America has come too far for her “to sit here and be an idle spectator to the diminution, the subversion, the destruction of the Constitution.” Jordan reminds her colleagues that impeachment is not conviction. It proceeds “from the misconduct of public men… the abuse or violation of some public trust.” To vote for impeachment, she says, is not a vote for removing the president from office. The power of impeachment is “an essential check in the hands of this body, the legislature, against and upon the encroachment of the executive.” The framers of the Constitution “did not make the accusers and the judges the same person.… The framers confined in the Congress the power, if need be, to remove the president in order to strike a delicate balance between a president swollen with power and grown tyrannical and preservation of the independence of the executive.” It cannot become a political tool to strike against a president that a group of partisans dislikes, but must “proceed within the confines of the constitutional term, ‘high crime and misdemeanors.’” The evidence against President Nixon is enough to show that he did know that money from his re-election campaign funded the Watergate burglaries (see 2:30 a.m.June 17, 1972), and he did know of campaign official E. Howard Hunt’s participation in the burglary of a psychiatrist’s office to find damaging information against a political enemy (see September 9, 1971), as well as Hunt’s participation in the Dita Beard/ITT affair (see February 22, 1972), and “Hunt’s fabrication of cables designed to discredit the Kennedy administration.” The Nixon White House has not cooperated properly with Congress and the special Watergate prosecutor in turning over evidence under subpoena; Jordan says it was not clear that Nixon would even obey a Supreme Court ruling that the evidence must be given up (see July 24, 1974). Nixon has repeatedly lied to Congress, the investigators, and the US citizenry about what he knew and when he knew it, and has repeatedly attempted to “thwart the lawful investigation by government prosecutors.” In short, Nixon has betrayed the public trust. He is impeachable, Jordan says, because he has attempted to “subvert the Constitution.” She says: “If the impeachment provision in the Constitution of the United States will not reach the offenses charged here, then perhaps that eighteenth century Constitution should be abandoned to a twentieth century paper shredder. Has the president committed offenses and planned and directed and acquiesced in a course of conduct which the Constitution will not tolerate? This is the question. We know that. We know the question. We should now forthwith proceed to answer the question. It is reason, and not passion, which must guide our deliberations, guide our debate, and guide our decision.” (Jordan 7/25/1974)

Lesley Stahl.Lesley Stahl. [Source: John Neubauer / Getty Images]Judge John Sirica, presiding over the Watergate trial of former Nixon aide John Ehrlichman, subpoenas former President Nixon to appear as a witness on behalf of Ehrlichman. Ehrlichman has heard the tapes the prosecution intends to use against him, and, already convicted of conspiracy and lying about his involvement in the Ellsberg break-in (see September 9, 1971), knows he needs a powerful defense to avoid more jail time. He demanded that Watergate special prosecutor Leon Jaworski hand over the White House files on Ehrlichman for his defense. But Jaworski instead gave Ehrlichman an affidavit from Nixon’s former White House lawyer Fred Buzhardt, who affirmed that nothing in those ten million documents would help Ehrlichman in his defense. Days later, Buzhardt suffered a heart attack, rendering it impossible for Ehrlichman to challenge his affirmation. Ehrlichman hopes that the subpoena will muddy the legal waters by provoking a confrontation between Nixon’s lawyers and Jaworski’s. CBS reporter Lesley Stahl informs her viewers, incorrectly, that it seems Jaworski “has indicted Mr. Nixon.” (Werth 2006, pp. 84-88)

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)

Publicity photo for the Frost/Nixon interviews.Publicity photo for the Frost/Nixon interviews. [Source: London Times]British interviewer and entertainer David Frost makes a deal with former President Richard Nixon to undertake 24 hours of interviews on a wide range of topics, with six hours each on foreign policy, domestic affairs, Watergate, and a loosely defined “Nixon the Man” interview. Frost intends that the centerpiece of the interviews to be the Watergate session. Nixon agrees to a free, unfettered set of interviews in return for over a million dollars in appearance fees. (Reston 2007, pp. 13-17) (Other sources say that Nixon will be paid $600,000 plus 20% of the profits from the broadcast, which are expected to top $2 million.)
Frost Seen as Unlikely Interviewer - There is also considerable skepticism about the choice of Frost as an interviewer; he is better known as a high-living entertainer who likes to hobnob with celebrities rather than as a tough interrogator. His primary experience with politics is his hosting of the BBC’s celebrated 1960s satirical show That Was the Week That Was. Frost outbid NBC for the rights to interview Nixon, and after all three American television networks refuse to air the shows, Frost has to cobble together an ad hoc group of about 140 television stations to broadcast the interviews. Frost will recall in 2007, “We were told, ‘Half the companies you’re approaching would never have anything to do with Nixon when he was president, and the other half are trying to make people forget that they did.’” (Time 5/9/1977; Segal 4/30/2007) Interestingly, when the Nixon team began negotiating for the interviews in July 1975, they made a point of not wanting any “real” investigative journalists to conduct the interviews—in fact, they considered offering the interviews to American television talk show host Merv Griffin. (Time 5/9/1977) The interviews are to be done in segments, three sessions a week, on Mondays, Wednesdays, and Fridays, for two weeks in the spring of 1977. (National Public Radio 6/17/2002)
Nixon Team Wants Focus Away from Watergate - While Nixon agrees that six hours of interviews will be on the topic of Watergate, his team wants to define “Watergate” as almost anything and everything negative about the Nixon presidency—not just the burglary and the cover-up, but abuses of power at the IRS, CIA, and FBI, Nixon’s tax problems, the Ellsberg break-in (see September 9, 1971), disputed real estate sales, the sale of ambassadorships (see March-April 1972), the enemies list (see June 27, 1973), and the Huston Plan (see July 14, 1970). The hope is that Frost’s focus will become diluted and fail to focus on the Watergate conspiracy itself. The hope will not be fulfilled (see April 13-15, 1977).
Frost's Investigative Team - Frost begins hiring a team of investigators and experts to prepare him for the interviews, including author and journalist James Reston Jr. (Time 5/9/1977) , a self-described “radical” who had worked to win amnesty for US citizens who had avoided the draft, and views Nixon as a contemptible figure who, despite his resignation (see August 8, 1974), remains “uncontrite and unconvicted.” (Dallek 7/22/2007) Other members of Frost’s research team are Washington journalist and lawyer Robert Zelnick, freelance writer Phil Stanford, and London TV news executive John Birt, who will produce the interviews. Zelnick will play Nixon in the briefing sessions, going so far as mimicking Nixon’s mannerisms and hand gestures. For his part, Nixon had almost completed his own meticulous research of his presidency for his upcoming memoirs, and is quite conversant with his facts and defense strategies. Nixon’s team of aides includes his former White House military aide Colonel Jack Brennan, chief researcher Ken Khachigian, former speechwriter Ray Price, former press assistant (and future television reporter) Diane Sawyer, and former aide Richard Moore. (Time 5/9/1977)
Nixon's Perceived 'Sweetheart Deal' - In his 2007 book on the interviews, The Conviction of Richard Nixon (written largely in 1977 but unpublished for thirty years), Reston will write that Nixon surely “saw the enterprise as a sweetheart deal. He stood to make a lot of money and to rehabilitate his reputation.” Nixon harbors hopes that he can make a political comeback of one sort or another, and apparently intends to use Frost—best known for conducting “softball” interviews with celebrities and world leaders alike—as his “springboard” to re-enter public service. But, as Reston later observes, Nixon will underestimate the researchers’ efforts, and Frost’s own skill as a television interviewer. (Reston 2007, pp. 13-17, 84) Time will describe Nixon in the interviews as “painful and poignant, sometimes illuminating, usually self-serving.” (Time 5/9/1977)

Former Nixon White House aide John Ehrlichman reviews his former colleague H. R. Haldeman’s new book about Watergate, The Ends of Power (see February 1978). Ehrlichman is dismissive of the book, calling it “full of… dramatic hyperbole, overstatement and stereotype[s]…” Ehrlichman says some passages in the book are “full of poison [and] factual errors which impeach its substance.” He writes: “Four or five times the reader is told that Bob Haldeman is a direct, unvarnished, no-nonsense b_stard who always tells it like it is. That is the Haldeman I remember. But time after time, the accounts of Watergate events in his book are couched in the vague terms of the diplomat who is walking on eggs.” Ehrlichman writes of his surprise to learn that Nixon probably ordered the burglary of “Pentagon Papers” leaker Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971), though he notes that Nixon “instantly voiced his approval of it” when Ehrlichman told him of the impending operation (see September 8, 1971). Ehrlichman accuses Haldeman of misquoting him, and sometimes making up statements supposedly said by Ehrlichman out of whole cloth. Ehrlichman concludes: “With all its factual inaccuracies, the book does give valid and important insights to anyone interested in the Nixon mystery. Unfortunately, these revelations are unduly restrained and limited in scope. Bob Haldeman was in a unique position to write a truly valuable book about Richard Nixon. I hope that The Ends of Power is not his last word. (Time 3/6/1978) A Time magazine article calls it “a second-rate book.” (Time 3/6/1978)

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