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Context of 'March 31, 2010: US District Court Finds NSA Warrantless Surveillance Illegal'

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After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

President Abraham Lincoln, responding to a Confederate attack on Fort Sumter in South Carolina, does not wait for Congress to begin its next session to make his response. Instead, Lincoln, wielding powers that the Constitution does not grant him and without a formal declaration of war, drastically enlarges the Union’s army and navy, blockades Southern ports, spends money not appropriated by Congress, and arrests Northern citizens suspected of being Confederate sympathizers. All of these steps exceed his authority under the Constitution and under federal law. Lincoln addresses Congress as soon as it reconvenes, admitting that he has exceeded his authority (see 1787 and 1793), and refusing to argue that his actions are lawful based on any “prerogative of power” inherent to the presidency. Instead, he explains that he felt he had to respond immediately to the sudden crisis, and asks Congress to retroactively authorize his emergency actions. He says, “These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity, trusting then, as now, that Congress would readily ratify them.” Congress gives Lincoln the retroactive authorization he seeks. [Savage, 2007, pp. 16-17]

Entity Tags: Abraham Lincoln

Timeline Tags: Civil Liberties

1867: First Campaign Finance Bill Passed

The federal government enacts the Naval Appropriations Bill, the first attempt to regulate campaign finance. The bill prohibits officers and employees of the government from soliciting donations from Naval Yard workers. [Center for Responsive Politics, 2002 pdf file] In 2006, historian Victor Geraci will refer to the solicitations as “shaking down” yard workers. [Connecticut Network, 2006, pp. 2 pdf file]

Entity Tags: Naval Appropriations Bill, Victor Geraci

Timeline Tags: Civil Liberties

Congress passes the Civil Service Reform Act, also called the Pendleton Act, which expands on the previously passed Naval Appropriations Bill, which prohibited government officials and employees from soliciting campaign donations from Naval Yard workers (see 1867). This bill extends the law to cover all federal civil service workers. Before this law goes into effect, government workers are expected to make campaign contributions in order to keep their jobs. The law was prompted by the assassination of President James Garfield by a person who believed he had been promised a job in the Garfield administration. The law establishes a “merit system” in place of the old “patronage” system of receiving government posts. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Connecticut Network, 2006 pdf file]

Entity Tags: Naval Appropriations Bill, Civil Service Reform Act, James A. Garfield

Timeline Tags: Civil Liberties

The presidential election is plagued with scandal and large monetary expenditures. William McKinley (R-OH) is the recipient of some $16 million in spending, a lavish amount for the time. The campaigns of both McKinley and his opponent, William Jennings Bryan (D-NE), are accused of bribery and poor ethical conduct. Mark Hanna, McKinley’s chief fundraiser and the chair of the Republican National Committee (RNC), devises a system of quotas for large corporations. Hanna raises between $6-7 million in donations from corporations through this quota system, in return for strong support of a big-business agenda. McKinley promises to oppose the establishment of silver coinage, supports protective tariffs, and other pro-corporate positions. The campaign is so fraught with controversy that the public begins demanding regulation and oversight of campaign funding practices. [Campaign Finance Timeline, 1999]

Entity Tags: Mark Hanna, William Jennings Bryan, William McKinley, Republican National Committee

Timeline Tags: Civil Liberties

President Theodore Roosevelt, wielding what will become known as the theory of inherent power, declares that the presidency has a “residuum of powers” to do anything not specifically forbidden by the Constitution. Without asking Congress for its approval, Roosevelt launches the project to build the Panama Canal, sends the US Navy around the world, and sends US troops to the Dominican Republic. In 2009, reporter and author Charlie Savage will write, “Roosevelt’s views… contained the seeds of the imperial presidency that would arise during the first decades of the Cold War.” Roosevelt’s successor, future Supreme Court Chief Justice William Howard Taft, will disagree, and Taft’s presidency will restore some of the limits on presidential power removed by Roosevelt. [Savage, 2007, pp. 17-18]

Entity Tags: William Howard Taft, Charlie Savage, Theodore Roosevelt

Timeline Tags: Civil Liberties

A 1902 portrait of President Roosevelt.A 1902 portrait of President Roosevelt. [Source: Library of Congress]In a speech given to an audience in Providence, Rhode Island, later entitled “The Control of Corporations,” President Theodore Roosevelt gives a passionate warning about the dangers of the nation’s prosperity being concentrated in the hands of the few, and particularly under the control of a few large corporations. Roosevelt says: “One of the features of the tremendous industrial development of the last generation has been the very great increase in private, and especially in corporate, fortunes.… Where men are gathered together in great masses it inevitably results that they must work far more largely through combinations than where they live scattered and remote from one another.… It is not true that the poor have grown poorer; but some of the rich have grown so very much richer that, where multitudes of men are herded together in a limited space, the contrast strikes the onlooker as more violent than formerly. On the whole, our people earn more and live better than ever before, and the progress of which we are so proud could not have taken place had it not been for the up building of industrial centers, such as this in which I am speaking. But together with the good there has come a measure of evil.… Under present-day conditions it is as necessary to have corporations in the business world as it is to have organizations, unions, among wage-workers. We have a right to ask in each case only this: that good, and not harm, shall follow. Exactly as labor organizations, when managed intelligently and in a spirit of justice and fair play, are of very great service not only to the wage-workers, but to the whole community, as has been shown again and again in the history of many such organizations; so wealth, not merely individual, but corporate, when used aright is not merely beneficial to the community as a whole, but is absolutely essential to the upbuilding of such a series of communities as those whose citizens I am now addressing.… The great corporations which we have grown to speak of rather loosely as trusts are the creatures of the state [the federal government], and the state not only has the right to control them, but it is in duty bound to control them wherever the need of such control is shown. There is clearly need of supervision—need to possess the power of regulation of these great corporations through the representatives of the public wherever, as in our own country at the present time, business corporations become so very powerful alike for beneficent work and for work that is not always beneficent. It is idle to say that there is no need for such supervision. There is, and a sufficient warrant for it is to be found in any one of the admitted evils appertaining to them.” Such government controls are rightfully difficult to put in place, Roosevelt says, because of the constitutional guarantees afforded both individuals and corporate entities, and because of the disparity of laws enacted in the various states. However, “I believe that the nation must assume this power of control by legislation; if necessary by constitutional amendment,” he says. “The immediate necessity in dealing with trusts is to place them under the real, not the nominal, control of some sovereign to which, as its creatures, the trusts shall owe allegiance, and in whose courts the sovereign’s orders may be enforced.” Such government regulation and oversight must be enforced with caution and restraint, he warns, but nevertheless, it must be enacted. [Theodore Roosevelt (.com), 8/23/1902; ed., 2003, pp. 20-21] Roosevelt’s position is ironic considering the vast corporate contributions he will accept to win the presidency in 1904 (he ascended to the presidency in 1901 after President William McKinley was assassinated). Roosevelt will accept large donations from railroad and insurance interests, and will make a personal appeal to steel baron Henry Clay Frick and other industrialists. Frick will later recall: “He got down on his knees to us. We bought the son of a b_tch and then he did not stay bought.” During his second term, Roosevelt will strive to pass significant campaign finance reform legislation that would ban some of the techniques he will use to regain office. [New Yorker, 5/21/2012]

Entity Tags: Theodore Roosevelt, Henry Clay Frick, William McKinley

Timeline Tags: Civil Liberties

President Theodore “Teddy” Roosevelt, in a speech given to the US Congress, proposes that corporations be expressly forbidden by law from contributing money “to any political committee or for any political purpose.” Neither should corporate directors be permitted to use stockholders’ money for political purposes. Roosevelt does not say that corporate owners should be so restricted. Roosevelt also says federal campaigns should be publicly financed via their political parties. Roosevelt’s proposal is made in part because he was accused of improperly accepting corporate donations for his 1904 presidential campaign. [Miller Center, 12/5/1905; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Roosevelt, who has made similar statements in the past (see August 23, 1902), will echo these proposals in additional speeches. [Connecticut Network, 2006 pdf file] Two years later, Roosevelt will sign into law a bill proscribing such donations (see 1907).

Entity Tags: Theodore Roosevelt

Timeline Tags: Civil Liberties

Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

The Federal Corrupt Practices Act (FCPA), also called the Publicity Act, is passed. It will remain the backbone of American campaign finance regulation until expanded in 1925 (see 1925). It expands upon the Tillman Act’s prohibition against corporate and bank donations to federal election campaigns (see 1907) by enacting campaign spending limits on US House election campaigns. It also requires full disclosure of all monies spent and contributed during federal campaigns. In 1911, the FCPA will be amended to cover Senate elections as well, and to set spending limits on all Congressional races. However, the bill fails to provide for enforcement and verification procedures, so the law remains essentially useless. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] The law is rendered even less powerful after the Supreme Court overturns its provision limiting House and Senate candidate spending. [Pearson Education, 2004]

Entity Tags: Federal Corrupt Practices Act, Tillman Act

Timeline Tags: Civil Liberties

Lawmakers concerned with political reform push for amendments to the Tillman Act (see 1907) and Federal Corrupt Practices Act (FCPA—see June 25, 1910) that would extend those laws’ campaign finance restrictions to primary elections. Particularly strong in their support are reformers in the new Western and old Northern Republican-dominated states, who resent the Southern Democrats’ grip on their region of the country. Democrats have a powerful grip on the South, largely because few Southerners will countenance voting or campaigning as a Republican due to the Republican Party’s support for Reconstructionist policies after the Civil War. Southern Democrats are outnumbered in Congress, and unable to prevent the amendments from being passed. [Campaign Finance Timeline, 1999] The amendments will be found unconstitutional four years later (see 1921).

Entity Tags: US Congress

Timeline Tags: Civil Liberties

1921: Supreme Court Weakens Campaign Finance Laws

In US v. Newberry, the Supreme Court finds some amendments to campaign finance laws (see 1911) unconstitutional, weakening the body of campaign finance law even further. The campaign finance laws in force (see 1907 and June 25, 1910) were already ineffective and rarely enforced by state attorneys general. And corporations and other special interests find it quite simple to circumvent the laws via loopholes. The case involves a Northern Republican primary race for the US Senate. Popular and powerful businessman Henry Ford (R-MI) lost the race due to enormous campaign expenditures and advertising by his opponent, and asked the US attorney general to intervene. The case stemming from Ford’s request results in the Court decision. The Court finds that the amendments are invalid because neither political parties nor election primaries are mentioned in the Constitution. The Founders had not considered having a two- or three-party system in place, and had envisioned the US as being governed by a single party that represented all interests. A two-party system did not emerge in American politics on a national scale until 1828. The Court, by maintaining a strict constitutional interpretation, sorely weakens campaign finance regulation. [Campaign Finance Timeline, 1999]

Entity Tags: US Supreme Court, Henry Ford

Timeline Tags: Civil Liberties

The federal government revises and expands the Federal Corrupt Practices Act (FCPA—see June 25, 1910), a campaign finance law that lacks any enforcement or verification mechanisms, in the wake of the Teapot Dome corruption scandal. The amended version codifies and revises the expenditure limits and disclosure procedures for US Congressional candidates. It will replace the original FCPA as well as its predecessor, the Tillman Act (see 1907), and will remain the backbone of American campaign finance law until 1971. All campaign spending is strictly regulated, with contributions of $50 and over during a calendar year mandated to be reported. Senatorial candidates can spend no more than three cents for each voter in the last election, to a maximum of $25,000. House candidates may also spend up to three cents per voter in the last election, up to a $5,000 maximum. Offers of patronage and contracts are banned, as is any form of bribery. Corporate contributions of all kinds are banned. However, the power of enforcement is entirely vested within Congress, and thusly is routinely ignored. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Pearson Education, 2004; National Public Radio, 2012] In 1966, President Lyndon B. Johnson will refer to the FCPA as “more loophole than law.” [Connecticut Network, 2006 pdf file; National Public Radio, 2012]

Entity Tags: Tillman Act, Federal Corrupt Practices Act

Timeline Tags: Civil Liberties

Father Charles Coughlin.Father Charles Coughlin. [Source: Spartacus Schoolnet]Father Charles Edward Coughlin, an ordained Catholic priest, hosts what may be the first politically oriented national radio broadcast in US history. Coughlin, who started his political involvement as a supporter of President Roosevelt’s New Deal, quickly becomes a virulent Roosevelt critic, calling Roosevelt’s economic policies “socialism.” By 1930, CBS broadcasts Coughlin’s weekly radio show nationwide. Coughlin’s harsh criticism of communist and socialist governments, such as the Soviet Union, widens to encompass the US government and many aspects of American life. He accuses the citizenry of “scorn[ing] the basic family and national doctrine of Jesus Christ,” citing divorce statistics as “proof” of his assertions. He does not spare the corporations, blasting them for treating working families unfairly and warning of the dangers of the “concentration of wealth in the hands of the few.” Coughlin begins claiming that American communists have infiltrated many levels of government and corporate leadership, and lashes out at what he calls the “Bolshevism of America.” In April 1931, CBS refuses to renew his contract, and Coughlin organizes his own radio network which eventually claims over 30 radio stations and some 30 million listeners. In 1936, Coughlin, who has grown disillusioned with Roosevelt over his administration’s failure to take over the nation’s banking system and other of Coughlin’s suggested reforms, forms a hardline anti-Communist, isolationist organization called the “Christian Front.” When the US begins publicly opposing the German Nazi regime of Adolf Hitler, Coughlin turns on Roosevelt entirely, accusing him of advocating “international socialism or Sovietism,” and praising Hitler and Italy’s Benito Mussolini as “anti-Communist fighters.” By 1940, according to playwright Arthur Miller, Coughlin is “confiding to his 10 million Depression-battered listeners that the president was a liar controlled by both the Jewish bankers and, astonishingly enough, the Jewish Communists, the same tribe that 20 years earlier had engineered the Russian Revolution.… He was arguing… that Hitlerism was the German nation’s innocently defensive response to the threat of Communism, that Hitler was only against ‘bad Jews,’ especially those born outside Germany.” Coughlin echoes Nazi propagandist Joseph Goebbels in claiming that Marxist atheism in Europe is a Jewish plot. He claims that America is overrun by “Jewry,” resulting in critics labeling him a “fascist.” Boston police discover that for several years Jewish youths in the city have been beaten and terrorized by what the Christian Science Monitor calls “Coughlinites and the Christian Front”; other assaults on American Jews are later found to have been carried out by people who support Coughlin, often with the complicity of local law enforcement and Catholic officials. The Christian Front collapses in January 1940 when the FBI raids its New York branch and finds a cache of weapons; FBI Director J. Edgar Hoover tells the press that the organization is planning the assassinations of a number of prominent Jews, communists, and “a dozen Congressmen.” Coughlin’s influence is badly damaged by the FBI’s claims, and Coughlin’s rhetoric continues to move to the extreme. By September 1940, he is calling Roosevelt “the world’s chief warmonger,” and in 1941 says that the US, not Germany or the Soviet Union, is the biggest threat to impose its domination on the world. “Many people are beginning to wonder who they should fear most,” he says, “the Roosevelt-Churchill combination or the Hitler-Mussolini combination.” When the US enters World War II at the end of 1941, the National Association of Broadcasters arranges for Coughlin’s broadcasts to be terminated. At Roosevelt’s behest, the US Post Office refuses to deliver his weekly newspapers. And in May 1942, Coughlin is ordered by Archbishop Francis Mooney to cease his political activities or be defrocked. Although Coughlin will continue to write pamphlets about the dangers of communism until his death in 1979, his influence on American political thought ends in the first months of the war. [New York Times, 1/21/1940; Dinnerstein, 1995, pp. 132-133; Spartacus Schoolnet, 2010]

Entity Tags: Christian Science Monitor, Benito Mussolini, Arthur Miller, Adolf Hitler, CBS, Christian Front, Franklin Delano Roosevelt, J. Edgar Hoover, Joseph Goebbels, National Association of Broadcasters, Francis Mooney, Charles Edward Coughlin

Timeline Tags: Domestic Propaganda

American Liberty League logo.American Liberty League logo. [Source: David Pietrusza]Prominent Democrats and Republicans join together to form the American Liberty League (ALL). The organization, according to the founders, exists “to combat radicalism, preserve property rights, uphold and preserve the Constitution.” ALL spokesman Jouett Shouse says ALL will fight to preserve “traditional American political values.” According to the Encyclopedia of the Great Depression, ALL was organized by “disgruntled business conservatives, Wall Street financiers, right-wing opponents of Franklin D. Roosevelt’s New Deal, and defeated rivals within Roosevelt’s Democratic Party.” ALL is financed by, among others, industrialists Pierre, Irenee, and Lammot du Pont; former Democratic Party chairman John J. Raskob; financier E.F. Hutton; and executive Sewell Avery of the department store chain Montgomery Ward. Most of the politicians in the organization are Republicans, but these are joined by anti-Roosevelt Democrats such as Alfred E. Smith, who ran for president in 1928. Many ALL members were once part of the Association against the Prohibition Amendment, which fought to re-legalize the US liquor industry. ALL unsuccessfully fights to block federal regulations and additional taxes on business, the creation of public power utilities, pro-labor barganing rights, agricultural production controls and subsidies, New Deal relief and public jobs programs, the Works Progress Administration (WPA), Social Security, and other Roosevelt-era programs and initiatives. According to the Encyclopedia, “critics effectively lampooned league members as champions of privilege, ungrateful critics of an administration that had saved capitalism, and vindictive and selfish individuals seeking revenge on a president for betraying his social class.” ALL works diligently, but unsuccessfully, to unseat Roosevelt in 1936, backing Republican contender Alfred M. Landon. After Landon loses in a landslide to Roosevelt, the organization fades in prominence. The Encyclopedia concludes that ALL’s “legacy of fund-raising tactics, ideology-driven issues research and public education, and coordination with partisan legislative and electoral campaigns foreshadowed today’s political action committees and independent-expenditure organizations.” [New York Times, 8/23/1934; Encyclopedia of the Great Depression, 1/1/2004] In 2003, columnist Ralph De Toledano will write, “The Liberty League was laughed out of existence by New Yorker cartoonists, who depicted its members looking out over Fifth Avenue and snorting that doomsday was here and Josef Stalin lurked in the bushes.” [Insight, 9/2/2003] In 2010, writer Kevin Drum will compare the American Liberty League to the tea party movement (see September 2010). [Mother Jones, 9/2010]

Entity Tags: Franklin Delano Roosevelt, E.F. Hutton, Alfred M. Landon, Alfred E. Smith, Works Progress Administration, Sewell Avery, Pierre du Pont, American Liberty League, Jouett Shouse, John J. Raskob, Irenee du Pont, Kevin Drum, Lammot du Pont, Ralph De Toledano

Timeline Tags: Domestic Propaganda

Congress passes the Public Utilities Holding Act, which bars public utility companies from making federal campaign contributions. Essentially, the act extends the ban on corporate contributions (see 1925) to utility companies, as they are not covered under existing law, and, under the administration of President Franklin Roosevelt, are growing rapidly in power and influence. Roosevelt had been elected to office in 1932 on a platform of “good government,” a longtime staple of Democratic Party platforms. The message played particularly well with voters after the economic policies and political corruption of the administration of President Herbert Hoover, a Republican, were widely blamed for the Great Depression. Republicans, stung by the failures of the Hoover administration, also declare their support for campaign finance reform, and the act passes with little resistance. [Campaign Finance Timeline, 1999]

Entity Tags: Franklin Delano Roosevelt, Democratic Party, Republican Party, US Congress, Herbert Hoover

Timeline Tags: Civil Liberties

The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

Amendments to the federal Hatch Act of 1939, also known as the Clean Politics Act, set limits of $5,000 per year on individual contributions to a federal candidate or political committee. However, they do not prohibit donations from the same individual to multiple committees all working for the same candidate. The restrictions apply to primary elections as well as federal elections. Additionally, they bar contributions to federal candidates from individuals and businesses working for the federal government. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file]

Entity Tags: Hatch Act of 1939

Timeline Tags: Civil Liberties

President Roosevelt signs the US declaration of war with Japan.President Roosevelt signs the US declaration of war with Japan. [Source: Franklin D. Roosevelt Presidential Library and Museum]President Roosevelt, recognizing that Congress has the Constitutional authority to declare war (see 1787 and 1793), asks the legislature for a declaration of war against Japan in retaliation for the Japanese air attack against US naval forces at Pearl Harbor. Roosevelt calls the date of the Pearl Harbor attack, December 7, 1941, “a day which will live in infamy.” He says, “I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States and the Japanese Empire.” With a single exception—Representative Jeannette Rankin (R-MT)—every member of the House and Senate votes to authorize war against Japan. The next day, the US will declare war against Germany and Italy as well. [Savage, 2007, pp. 18; Franklin D. Roosevelt Library and Museum, 2/10/2008]

Entity Tags: Jeannette Rankin, Franklin Delano Roosevelt

Timeline Tags: Civil Liberties

The Smith-Connally Act restricts contributions to federal candidates from labor unions as well as from corporate and interstate banks (see 1925). The law is passed in response to the powerful influence of labor unions in elections beginning in 1936, where some unions used labor dues to support federal candidates [Center for Responsive Politics, 2002 pdf file] , and by public outrage at a steelworkers’ union going on strike for higher wages during the war, an action characterized by many as unpatriotic. The law was written both to punish labor unions and to make lawmakers less dependent on them and their contributions. [Campaign Finance Timeline, 1999] One example held up to scrutiny is the 1936 donation of $500,000 in union funds to the Democratic Party by John L. Lewis of the Congress of Industrial Organizations (CIO). [Connecticut Network, 2006 pdf file] Motivated by anti-union and anti-liberal sentiment after the war’s end, the Taft-Hartley Act (see June 23, 1947) will make the ban permanent. [Campaign Finance Timeline, 1999]

Entity Tags: Smith-Connally Act, Democratic Party, Congress of Industrial Organizations, John L. Lewis

Timeline Tags: Civil Liberties

Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal.Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal. [Source: Associated Press]Marine interrogator Major Sherwood F. Moran writes an informal memo for use by other interrogators. Moran is a legendary figure among Marines, renowned for his ability to coax information from the most reluctant or resistant Japanese captive, even during the height of battle, and often using his knowledge of, and respect for, Japanese culture to his advantage. His memo will remain relatively unknown outside the Marine Corps until the summer of 2003, when it will be included in the archives of the Marine Corps Interrogator Translator Teams Association. The memo, titled “Suggestions for Japanese Interpreters Based on Work in the Field,” is remarkable for its insistence that treating prisoners with humanity and respect works far better than “harsh” interrogation methods. Author Ulrich Straus, an expert on Japanese POWs held in US captivity during World War II, will later write that Moran “was a particularly effective interrogator because he treated each prisoner as another human rather than as the enemy.” In 2005, after the Abu Ghraib scandals become media fodder, military historian Stephen Budiansky will write: “Six months before the abuses at Abu Ghraib prison broke into public view, a small and fairly obscure private association of United States Marine Corps members posted on its Web site a document on how to get enemy POWs to talk. The document described a situation very similar to the one the United States faces in the insurgencies in Iraq and Afghanistan: a fanatical and implacable enemy, intense pressure to achieve quick results, a brutal war in which the old rules no longer seem to apply.… Moran, the report’s author, noted that despite the complexities and difficulties of dealing with an enemy from such a hostile and alien culture, some American interrogators consistently managed to extract useful information from prisoners. The successful interrogators all had one thing in common in the way they approached their subjects. They were nice to them. Moran was writing in 1943, and he was describing his own, already legendary methods of interrogating Japanese prisoners of war. More than a half century later his report remains something of a cult classic for military interrogators.” [David R. Moran, 2005]
Human-to-Human Attitude - Moran writes that the best interrogators (whom he says should consider themselves “interviewers”) become “wooers” of their captives, coaxing information rather than attempting to force confessions. Most important, Moran writes, is the interrogator’s attitude towards his prisoner. “Many people, I suppose, would on first thought think ‘attitude’ had nothing to do with it; that all one needs is a knowledge of the language, then shoot out questions, and expect and demand a reply,” he writes. “Of course that is a very unthinking and naive point of view.” Just as important, Moran writes, is a sympathy and understanding of the captive’s culture. A superior or demeaning attitude breeds nothing but antagonism and resistance.
Speaking the Language of the Captive - Almost as important, Moran notes, is the interrogator’s ability to speak directly to the captive in his own language, without the need for translators. An interrogator should speak the language fluently and idiomatically, or, when that is not possible, to at least have some command over common phrases. “After all, the first and most important victory for the interviewer to try to achieve is to get into the mind and into the heart of the person being interviewed,” he writes.
Hidden System - Fellow feelings and warm sympathy towards the captive are necessary, but not the entire package. While the captive, or an outside observer, might believe that the interrogator is merely indulging in friendly chit-chat, the interrogator must have an agenda and a plan in place at all times. “[I]n the workings of your mind you must be a model of system,” Moran says. “You must know exactly what information you want, and come back to it repeatedly. Don’t let your warm human interest, your genuine interest in the prisoner, cause you to be sidetracked by him! You should be hard-boiled but not half-baked. Deep human sympathy can go with a business-like, systematic, and ruthlessly persistent approach.”
Short-Circuiting Patriotic Defensiveness - To emphasize that your side, your nation, or your culture is superior—in essence, the “conquerors” of the captive’s military or his nation—is counterproductive, Moran writes. “To emphasize that we are enemies, to emphasize that he is in the presence of his conqueror, etc., puts him psychologically in the position of being on the defensive, and that because he is talking to a most-patient enemy and conqueror he has no right and desire to tell anything,” he writes.
Breaking Recalcitrant Prisoners - Sometimes even the best interrogators come up against recalcitrant prisoners who flatly refuse, for patriotic reasons or what Moran calls “conscientious scruples,” to give any information. In these cases, Moran writes, harsh or physical techniques of intelligence extraction are counterproductive. Instead, he writes, with his Japanese captives he is often able to shame the prisoner into cooperating. Reminding the captive that he has been treated humanely, has been treated with kindness and courtesy, implies a quid pro quo—not the threat of having this treatment withdrawn if cooperation is not forthcoming, but a matter of the captive returning the interrogator’s courtesy with information. [Moran, 7/17/1943 pdf file]

Entity Tags: US Marine Corps, Ulrich Straus, Stephen Budiansky, Sherwood F. Moran, Marine Corps Interrogator Translator Teams Association

Timeline Tags: Torture of US Captives

1944: Labor Union Forms First PAC

The first “political action committee,” or PAC, is formed by the Congress of Industrial Organizations (CIO), a powerful labor union, on behalf of the efforts to re-elect President Franklin D. Roosevelt. PAC donations come from voluntary contributions and not labor dues, and therefore the donations are not prohibited (see June 25, 1943). [Center for Responsive Politics, 2002 pdf file; National Public Radio, 2012]

Entity Tags: Franklin Delano Roosevelt, Congress of Industrial Organizations

Timeline Tags: Civil Liberties

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Timeline Tags: Civil Liberties

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

The Taft-Hartley Act makes permanent the ban on contributions to federal candidates from unions (see June 25, 1943), corporations, and interstate banks (see 1925), and extends the regulations to cover primaries as well as general elections. It also requires union leaders to affirm that they are not supporters of the Communist Party. President Harry S. Truman unsuccessfully vetoed the bill when it was sent to his desk, and when Congress passes it over his veto, he echoes AFL-CIO leader John L. Lewis by denouncing the law as a “slave-labor bill.” Taft-Hartley declares the unions’ practice of “closed shops” illegal (employers agreeing with unions to hire only union members, and require employees to join the union), and permits unions to have chapters at a business only if approved by a majority of employees. The law also permits employers to refuse to bargain with unions if they choose. And, it grants the US attorney general the power to obtain an 80-day injunction if in his judgment a threatened or actual strike “imperil[s] the national health or safety.” [Federal Elections Commission, 1998; U-S History (.com), 2001; Center for Responsive Politics, 2002 pdf file; John Simkin, 2008]

Entity Tags: John L. Lewis, Harry S. Truman, Taft-Hartley Act

Timeline Tags: Civil Liberties

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

President Harry Truman, without the approval of Congress, sends US troops to fight in the Korean War. Unlike his predecessor (see December 8, 1941), Truman asserts that he has the inherent right to do so as the commander in chief (see 1787 and 1793). Truman bases his decision in part on a UN Security Council resolution passed three days before—at the US’s behest—approving military aid to South Korea, which was invaded by North Korean troops on June 25. In 2007, reporter and author Charlie Savage will write: “But the permission of foreign states was irrelevant to the domestic legal issue of who got to decide whether the United States would go to war. No president had ever before launched anything on the scale of the Korean War without prior permission from Congress, as the Constitution requires.” Savage will explain why Congress allows Truman to usurp its prerogatives: “[M]embers of Congress, eager to appear tough against Communism and to support a war effort, did nothing to block Truman.” [Savage, 2007, pp. 19; Truman Library, 3/2008]

Entity Tags: Harry S. Truman, United Nations Security Council, Charlie Savage

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

CIA coup planner Kermit Roosevelt.CIA coup planner Kermit Roosevelt. [Source: Find a Grave (,com)]The government of Iran is overthrown by Iranian rebels and the CIA in a coup codenamed Operation Ajax. The coup was planned by CIA operative Kermit Roosevelt after receiving the blessings of the US and British governments. Muhammad Mosaddeq is deposed and the CIA promptly reinstates Shah Mohammad Reza Pahlavi on the throne. The Shah’s secret police, SAVAK, trained by the CIA and Israel’s Mossad, are widely perceived as being as brutal and terrifying as the Nazi Gestapo in World War II. British oil interests in Iran, partially nationalized under previous governments, are returned to British control. American oil interests are retained by 8 private oil companies, who are awarded 40% of the Iranian oil industry. US General Norman Schwarzkopf, Sr. (father of the general with the same name in the 1991 Gulf War) helps the Shah develop the fearsome SAVAK secret police. [ZNet, 12/12/2001; Global Policy Forum, 2/28/2002] Author Stephen Kinzer will say in 2003, "The result of that coup was that the Shah was placed back on his throne. He ruled for 25 years in an increasingly brutal and repressive fashion. His tyranny resulted in an explosion of revolution in 1979 the event that we call the Islamic revolution. That brought to power a group of fanatically anti-Western clerics who turned Iran into a center for anti-Americanism and, in particular, anti-American terrorism. The Islamic regime in Iran also inspired religious fanatics in many other countries, including those who went on to form the Taliban in Afghanistan and give refuge to terrorists who went on to attack the United States. The anger against the United States that flooded out of Iran following the 1979 revolution has its roots in the American role in crushing Iranian democracy in 1953. Therefore, I think it’s not an exaggeration to say that you can draw a line from the American sponsorship of the 1953 coup in Iran, through the Shah’s repressive regime, to the Islamic revolution of 1979 and the spread of militant religious fundamentalism that produced waves of anti-Western terrorism." [Stephen Kinzer, 7/29/2003]

Entity Tags: Organization for Intelligence and National Security (Iran), Norman Schwarzkopf Sr., Central Intelligence Agency, Kermit Roosevelt, Muhammad Mosaddeq, Shah Mohammad Reza Pahlavi, Stephen Kinzer

Timeline Tags: US confrontation with Iran, US-Iran (1952-1953)

In the case of United States v. Auto Workers, the Supreme Court reverses a lower court’s dismissal of an indictment against a labor union accused of violating federal laws prohibiting corporations and labor unions from making contributions or expenditures in federal elections (see June 23, 1947). Justice Felix Frankfurter writes the majority opinion; Chief Justice Earl Warren and Justices William O. Douglas and Hugo Black dissent. In a 5-3 decision, the Court finds the International Union United Automobile, Aircraft, and Agricultural Implement Workers of America liable for its practice of using union dues to sponsor television commercials relating to the 1954 Congressional elections. [UNITED STATES v. AUTO. WORKERS, 2011; Moneyocracy, 2/2012] Law professor Allison R. Hayward will later write that in her opinion the Court finding created “a fable of campaign finance reform… dictated by political opportunism. Politicians used reform to exploit public sentiment and reduce rivals’ access to financial resources.… [J]udges should closely examine campaign finance regulation and look for the improper use of legislation for political gain instead of simply deferring to Congress. Undue deference to the Auto Workers fable of reform could lead to punishment for the exercise of political rights. Correcting the history is thus essential to restoring proper checks on campaign finance legislation.” Hayward will argue that Frankfurter used a timeline of Congressional efforts to curb and reform campaign finance practices as an excuse to allow powerful political interests to exert restrictions on political opponents with less access to large election finance contributions. The case is used uncritically, and sometimes unfairly, to influence later campaign reform efforts, Hayward will argue. [Hayward, 6/17/2008 pdf file]

Entity Tags: US Supreme Court, Earl Warren, Allison R. Hayward, Felix Frankfurter, International Union United Automobile, Aircraft, and Agricultural Implement Workers of America, William O. Douglas, Hugo Black

Timeline Tags: Civil Liberties

One of a number of semi-official ‘Christian Identity’ logos.One of a number of semi-official ‘Christian Identity’ logos. [Source: KingIdentity (.com)]The “Christian Identity” theology, formerly a fairly benign expression of what is known as “British-Israelism” or “Anglo-Israelism,” begins to spread throughout the US and Canada, particularly on the west coasts of these nations. This belief holds that white Americans and Canadians are the real descendants of the Biblical tribes of Israel. In 2003, author Nicole Nichols, an expert on far-right racist and religious groups in America, will define the concept of “Christian Identity” as practiced by many white supremacist and separatist groups. Christian Identity is not an organization, she will write, but an ideology that many organizations have adopted in some form or fashion. Christian Identity “elevates white supremacy and separatism to a Godly ideal,” she will write, calling it “the ideological fuel that fires much of the activity of the racist far right.” According to Christian Identity theology, Jews are neither the “true Israelites” nor the true “chosen people” of God; instead, Christian Identity proponents claim, Jews are descended from an Asiatic people known as the Khazars, who settled near the Black Sea during the Middle Ages. [Nicole Nichols, 2003; Anti-Defamation League, 2005; Ontario Consultants on Religious Tolerance, 5/30/2006] In 2005, the Ontario Consultants on Religious Tolerance will write, “Followers tend to be involved in political movements opposing gun control, equal rights to gays and lesbians, and militia movements,” and quote Michael Barkun, an expert on radical-right groups, as saying, “This virulent racist and anti-Semitic theology… is prevalent among many right-wing extremist groups and has been called the ‘glue’ of the racist right.” [Ontario Consultants on Religious Tolerance, 5/30/2006]
Beginnings; 'The Protocols of the Elders of Zion' - In the 1920s, William J. Cameron, editor of the Dearborn Independent weekly newspaper, popularized the anti-Semitic hoax manuscript called “The Protocols of the Elders of Zion,” which purported to detail the “secret teachings” of Judaism, including the planned takeover of the world’s governments, the subjugation of non-Semitic races, and the bizarre, cannibalistic rituals supposedly practiced by Jews. [Anti-Defamation League, 2005]
Wesley Swift and 'Mud People' - In the 1940s, a former Methodist minister, Wesley Swift, started his own church, later known as the Church of Jesus Christ Christian. Swift had deep ties to a number of radical right-wing groups including the Ku Klux Klan; Swift and his associates set the stage for the mutation of the Christian Identity into a loosely organized set of virulently anti-Semitic, racist belief systems that will come to be grouped together under the “Christian Identity” rubric. Swift himself taught that only the white race was created in the form of God, while Asian and African races were created from the “beasts of the fields,” and thusly are subhuman creations. In Swift’s version of Genesis, Eve, the wife of the first “true” man Adam, was seduced by The Serpent, who masqeueraded as a white man. Eve bore a son, Cain, who is the actual father of the Jewish people. This reinterpretation, sometimes called the “two-seed” or “seedliner” theory, supports the Christian Identity propensity to demonize Jews, whom Swift and others labeled the “spawn of Satan.” Today’s white Europeans and their American and Canadian descendants, Swift taught, are descended from the “true son” of Adam and Eve, Abel, and are the actual “chosen people” of God. Some Christian Identity adherents go even farther, claiming that subhuman “pre-Adamic” races existed and “spawned” the non-white races of the world, which they label “mud people.” [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Permeates Racist, Far-Right Groups - By the 1960s, a new group of Christian Identity leaders emerges to spread the Identity theology through the radical, racist right in America and Canada, popularizing the once-obscure ideology. Most prominent among them are three disciples of Swift: James K. Warner, William Potter Gale, and Richard Butler. Warner, who will move to Louisiana and play a leading role in the fight against civil rights, founds the Christian Defense League and the New Christian Crusade Church. Gale, an early leader of the Christian Defense League and its paramilitary arm, the California Rangers, goes on to found the Posse Comitatus (see 1969), the group that will help bring about the sovereign citizen movement. Gale will later found the Committee of the States and serve as the “chief of staff” of its “unorganized militia.” Butler moves Swift’s Church of Jesus Christ Christian to Idaho and recasts it as the neo-Nazi group Aryan Nations (see Early 1970s). Under the leadership of Butler, Gale, Warner, and others, Christian Identity soon permeates most of the major far-right movements, including the Klan and a racist “skinhead” organization known as the Hammerskins. It also penetrates many extreme anti-government activist groups. The Anti-Defamation League will write, “The resurgence of right-wing extremism in the 1990s following the Ruby Ridge (see August 31, 1992) and Waco standoffs (see April 19, 1993) further spread Identity beliefs.” [Anti-Defamation League, 2005] Nichols will write: “Christian Identity enclaves provide a trail of safe havens for movement activists, stretching from Hayden Lake in northern Idaho (the Aryan Nations stronghold) to Elohim City on the Oklahoma/Arkansas border (see 1973 and After). Many white supremacists on the run from federal authorities have found shelter and support from Christian Identity followers.” Some organizations such as the Montana Militia are headed by Identity adherents, but do not as a group promote the theology. [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Bringing Forth the Apocalypse - Many Christian Identity adherents believe that the Biblical Apocalypse—the end of the world as it is currently known and the final ascendancy of select Christians over all others—is coming soon. Unlike some Christians, Identity adherents do not generally believe in the “rapture,” or the ascendancy of “saved” Christians to Heaven before the Apocalypse ensues; instead, Identity followers believe Jesus Christ will return to Earth only after the time of the “Tribulation,” a great battle between good and evil, which will set the stage for the return of Christ and the final transformation of the world. Identity followers believe it is their duty to prepare for the Apocalypse, and some believe it is their duty to help bring it about. They tend to cast the Apocalypse in racial terms—whites vs. nonwhites. Identity adherents believe that worldly institutions will collapse during the “end times,” and therefore tend to distrust such institutions, making Identity theology appealing to anti-government ideologies of groups such as militia, “Patriot,” and sovereign citizens groups. [Anti-Defamation League, 2005]
21st Century Identity - In the 21st century, Christian Identity groups are strongest in the Pacific Northwest of America and Canada, and the US Midwest, though Identity churches can be found throughout the US and in other parts of Canada. Identity churches also exist in, among other nations, Ireland, Great Britain, Australia, and South Africa (see June 25, 2003). The Anti-Defamation League will write: “Yet while spread far it is also spread thin. Estimates of the total number of believers in North America vary from a low of 25,000 to a high of 50,000; the true number is probably closer to the low end of the scale. Given this relatively small following, its extensive penetration of the far right is all the more remarkable.” [Anti-Defamation League, 2005]
Identity Violence - Identity adherents commit a number of violent acts, often against government and/or financial institutions, in an outsized proportion to their small numbers. In 1983, Identity adherent Gordon Kahl kills two US Marshals who attempt to arrest him on a parole violation, and kills an Arkansas sheriff before finally being gunned down by authorities (see February 13, 1983 and After). The white supremacist terrorist group The Order (see Late September 1983) contains a number of Identity members, including David Tate, who kills a Missouri Highway Patrol officer while attempting to flee to an Identity survivalist compound (see April 15, 1985). During the 1980s, small Identity groups such as The New Order (or The Order II) and the Arizona Patriots commit bombings and armored car robberies. After the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Identity minister Willie Ray Lampley attempts a number of bombings (see November 9, 1995). In 1996, the Montana Freeman, led by Identity members, “stands off” federal authorities for 81 days (see March 25, 1996). Between 1996 and 1998, Eric Robert Rudolph, who has connections to Identity ministers such as Nord Davis and Dan Gayman, bombs an Atlanta gay bar (see February 21, 1997), several abortion clinics (see October 14, 1998), and the Atlanta Summer Olympics (see July 27, 1996 and After). In 1999, Identity member and former Aryan Nations security guard Buford Furrow goes on a shooting spree at a Jewish community center in Los Angeles (see August 10, 1999). [Anti-Defamation League, 2005]

The CIA’s Technical Services Division (TSD) considers plans to undermine Fidel Castro’s charismatic appeal by sabotaging his speeches. At one point, there is discussion of spraying Castro’s broadcasting studio with a hallucinogenic chemical. The plan is taken of the shelf because the chemical is deemed unreliable. During this period, the TSD laces a box of cigars with a chemical that would produce temporary disorientation, hoping that he will smoke one of the cigars before giving a speech. In another instance, the TSD comes up with a scheme to dust Castro’s shoes with thallium salts during a trip outside of Cuba. The salts would cause his beard to fall out. The plan is abandoned when Castro cancels the trip. [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, Technical Services Division (TSD)

Timeline Tags: US-Cuba (1959-2005)

The CIA works with a high-level Cuban official, codenamed “AM/LASH,” on a plan to assassinate Fidel Castro and overthrow his government. In June 1965, the CIA ends its contact with AM/LASH and his associates, citing security concerns. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Timeline Tags: US-Cuba (1959-2005)

A Time magazine profile lambasts the racist, anti-Communist John Birch Society (JBS—see December 2011), in what is many Americans’ first exposure to the group. It delineates the organization’s penchant for secrecy, its domination by its “dictatorial” leader, Robert Welch, and its hardline battle against almost every element of the federal government as “agents of Communism.” Forty to 60 percent of the federal government is controlled by Communism, the JBS believes. Time calls the organization “a tiresome, comic-opera joke” that nonetheless has cells in 35 states and an ever-widening influence. In Wichita, Kansas, JBS student members are trained to inform their cell leaders of “Communist” influences they may detect in their classroom lectures, and the offending teacher is berated by parents. A Wichita businessman who wanted to give a donation to the University of Wichita decided not to donate after being hounded by local JBS members, who wanted the university to fire professors and remove selected books from its library. “My business would be wrecked,” the businessman explains, “if those people got on the phone and kept on yelling that I am a Communist because I give money to the school.” Nashville, Tennessee, JBS members organize community members to verbally attack neighbors whom they suspect of Communist affiliations. JBS’s current priority, Time writes, is to bring about the impeachment of Chief Justice Earl Warren. Welch, who obtained his wealth from his brother’s candymaking business, believes that Social Security and the federal income tax are all part of the “creeping socialism” that is taking over the federal government. He retired from the business in 1957 and founded the JBS shortly thereafter, naming it for a US Navy captain killed by Chinese Communist guerrillas after the end of World War II. Welch’s seminal tract, “The Politician,” accuses President Eisenhower and his brother Milton Eisenhower of being Communist plants, and accuses both men of treason against the nation. [Time, 3/10/1961]

Entity Tags: Milton Eisenhower, John Birch Society, Time magazine, Dwight Eisenhower, Robert Welch, Earl Warren

Timeline Tags: Domestic Propaganda

The cover to the AMA album featuring Ronald Reagan.The cover to the AMA album featuring Ronald Reagan. [Source: Larry DeWitt]The American Medical Association (AMA) releases an 11-minute spoken-word album (LP) featuring actor and promising conservative politician Ronald Reagan. Reagan speaks against what he and the AMA call the “socialized medicine” of Medicare, currently being considered in Congress as part of legislation proposed by Democrats Cecil King and Clinton Anderson; many refer to the legislation as the King-Anderson bill. The AMA, along with most Congressional Republicans and a good number of Democrats, has been fighting the idea of government-provided health care since 1945 (see 1962).
Socialism Advancing under Cover of Liberal Policies - Reagan begins by warning that as far back as 1927, American socialists determined to advance their cause “under the name of liberalism.” King-Anderson is a major component of the secret socialist agenda, Reagan says. “One of the traditional methods of imposing statism or socialism on a people has been by way of medicine,” he says. “It’s very easy to disguise a medical program as a humanitarian project.” No real American wants socialized medicine, Reagan says, but Congress is attempting to fool the nation into adopting just such a program. It has already succeeded in imposing a socialist program on the country by creating and implementing Social Security, which was originally envisioned to bring “all people of Social Security age… under a program of compulsory health insurance.” Reagan, following the AMA’s position, says that the current “Eldercare” program, often called “Kerr-Mills” for its Congressional sponsors, is more than enough to cover elderly Americans’ medical needs. (Author Larry DeWitt notes that in 1965, Kerr-Mills will be superseded by Medicaid, the medical program for the poor. He will write, “So Reagan—on behalf of the AMA—was suggesting that the nation should be content with welfare benefits under a Medicaid-type program as the only form of government-provided health care coverage.”) King-Anderson is nothing more than “simply an excuse to bring about what [Democrats and liberals] wanted all the time: socialized medicine,” Reagan says. And once the Medicare proposal of King-Anderson is in place, he argues, the government will begin constructing an entire raft of socialist programs, and that, he says, will lead to the destruction of American democracy. “The doctor begins to lose freedom,” he warns. “First you decide that the doctor can have so many patients. They are equally divided among the various doctors by the government. But then doctors aren’t equally divided geographically. So a doctor decides he wants to practice in one town and the government has to say to him, you can’t live in that town. They already have enough doctors. You have to go someplace else. And from here it’s only a short step to dictating where he will go.… All of us can see what happens once you establish the precedent that the government can determine a man’s working place and his working methods, determine his employment. From here it’s a short step to all the rest of socialism, to determining his pay. And pretty soon your son won’t decide, when he’s in school, where he will go or what he will do for a living. He will wait for the government to tell him where he will go to work and what he will do.” DeWitt will note that this is far more extravagant than any of the Medicare proposals ever advanced by any lawmaker: “It was this more apocalyptic version of Medicare’s potential effects on the practice of medicine that Reagan used to scare his listeners.”
Advocating Letter-Writing Campaign - Reagan tells his listeners that they can head off the incipient socialization of America by engaging in a nationwide letter-writing campaign to flood Congress with their letters opposing King-Anderson. “You and I can do this,” he says. “The only way we can do it is by writing to our congressman even if we believe he’s on our side to begin with. Write to strengthen his hand. Give him the ability to stand before his colleagues in Congress and say, ‘I heard from my constituents and this is what they want.’”
Apocalypse - If the effort fails, if Medicare passes into law, the consequences will be dire beyond imagining, Reagan tells his audience: “And if you don’t do this and if I don’t do it, one of these days you and I are going to spend our sunset years telling our children, and our children’s children, what it once was like in America when men were free.” Reagan is followed up by an unidentified male announcer who reiterates Reagan’s points and gives “a little background on the subject of socialized medicine… that now threatens the free practice of medicine.” Reagan then makes a brief closing statement, promising that if his listeners do not write those letters, “this program I promise you will pass just as surely as the sun will come up tomorrow. And behind it will come other federal programs that will invade every area of freedom as we have known it in this country, until, one day… we will awake to find that we have socialism. And if you don’t do this, and if I don’t do it, one of these days, you and I are going to spend our sunset years telling our children, and our children’s children, what it once was like in America when men were free.” [Larry DeWitt, 9/2004; TPMDC, 8/25/2009]

Entity Tags: Cecil King, Ronald Reagan, American Medical Association, Larry DeWitt, Clinton Anderson, Medicare

Timeline Tags: US Health Care, Domestic Propaganda

The CIA’s Task Force W devises two plans to assassinate Fidel Castro. The first one, involving an exploding sea shell that would be placed where Castro regularly dives, is dismissed by the CIA’s Technical Services Division (TSD) as impractical. In the second plan, James Donovan (who has been negotiating with Castro for the release of prisoners taken during the Bay of Pigs operation) would present Castro with a contaminated diving suit. TSD decides to give the plan a try. It purchases a diving suit and laces its breathing apparatus with tubercule bacillus. The suit itself is dusted with a fungus that is known to cause a chronic skin disease. But the suit never leaves the laboratory. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Entity Tags: Technical Services Division (TSD), James Donovan, Fidel Castro

Timeline Tags: US-Cuba (1959-2005)

Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade.Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade. [Source: Spartacus Schoolnet (.com)]The John Birch Society (JBS—see March 10, 1961 and December 2011), an anti-Communist organization that embraces racist and white supremacist ideologies, distrubutes posters throughout Dallas accusing President Kennedy of committing treason against the United States. The poster distribution is timed to coincide with Kennedy’s visit to Dallas, where he is scheduled to drive through the city in a motorcade on November 22. Kennedy will be assassinated during that motorcade. The poster, designed to appear as a “Wanted” notice, enumerates the following “charges” against Kennedy:
bullet “Betraying the Constitution (which he swore to uphold). He is turning the sovereignty of the US over to the Communist controlled United Nations. He is betraying our friends (Cuba, Katanga, Portugal) and befriending our enemies (Russia, Yugoslavia, Poland).”
bullet “He has been WRONG on innumerable issues affecting the security of the US (United Nations, Berlin Wall, Missile Removal, Cuba, Wheat deals, Test Ban Treaty, etc.).”
bullet “He has been lax in enforcing the Communist Registration laws.”
bullet “He has given support and encouragement to the Communist-inspired racial riots.”
bullet “He has illegally invaded a sovereign State with federal troops.”
bullet “He has consistently appointed Anti-Christians to Federal office. Upholds the Supreme Court in Anti-Christian rulings. Aliens and known Communists abound in Federal offices.”
bullet “He has been caught in fantastic LIES to the American people (including personal ones like his previous marriage and divorce).” [Spartacus Schoolnet, 2008]

Entity Tags: John F. Kennedy, United Nations, John Birch Society

Timeline Tags: Domestic Propaganda

President Lyndon Johnson signs the Voting Rights Act (VRA) into law. Based on the Fifteenth Amendment (see February 26, 1869), the VRA is a potent set of statutes that permanently bars direct barriers to political participation by racial and ethnic minorities. It bans any election practice that denies the right to vote due to race, and requires areas with a history of racial discrimination to get federal approval of changes in their election laws before they can take effect. The VRA forbids literacy tests (see 1896, April 25, 1898, and June 8, 1959) and other barriers to registration that have worked to stop minority voters from exercising their rights (see 1888, June 21, 1915, and February 4, 1964). Sections 2 and 5 of the VRA work together to prohibit states from establishing voting qualifications or standards that interfere with a citizen’s right to vote on a racial basis. Section 5 requires states with a history of racial discrimination to obtain “preclearance” from the Justice Department before altering any laws pertaining to voting—this includes changing electoral districts, voter qualification rules, and even changes in government structure such as making a formerly elective office appointive. If the changes can be seen as possibly “diluting” minority voting strength, they can be disallowed. States wishing to challenge the VRA restrictions have the opportunity to have their cases heard in federal court. Section 2 has similar, if less restrictive, provisions that apply nationally. Section 10 of the VRA takes direct aim at the Breedlove ruling from the Supreme Court (see December 6, 1937), which had legitimized poll taxes used to disenfranchise minority voters. That portion of the VRA finds that poll taxes “impose… unreasonable financial hardship” and “precludes persons of limited means from voting.” The VRA also forbids the use of literacy tests, good character tests, and other such tests used in the past to suppress minority voting. The law urges the attorney general to urge the Court to overrule Breedlove; minutes after Johnson signs the bill into law, he directs the attorney general “to file a lawsuit challenging the constitutionality of the poll tax.” The Court will find poll taxes unconstitutional in its Harper v. Virginia Board of Elections ruling (see March 24, 1966). The US Department of Justice and the federal courts now have the power to monitor problem jurisdictions and assist private citizens in seeking redress through the courts if their voting rights are infringed. Months later, the Supreme Court will uphold the constitutionality of the VRA. [eNotes, 2004; American Civil Liberties Union, 2012; Yale Law School, 2/8/2012]

Entity Tags: US Supreme Court, Voting Rights Act of 1965, Lyndon B. Johnson

Timeline Tags: Civil Liberties

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Timeline Tags: Civil Liberties

Three stages of an ICBM (Intercontinental Ballistic Missile) flight.Three stages of an ICBM (Intercontinental Ballistic Missile) flight. [Source: Missile Defense Agency]Defense Secretary Robert McNamara announces the US decision to deploy what he calls a “thin” anti-ballistic missile system, named “Sentinel,” designed to protect American targets against an accidental Soviet missile launch or a limited Chinese long-range ballistic missile attack. [Federation of American Scientists, 1/15/2008] The system is launched in response to a similar system deployed by the Soviet Union to protect Moscow and Leningrad. [Time, 6/5/1968] The system is based on a series of long-range radar installations and anti-missile missiles deployed in key areas throughout the US. It is designed as much to protect the Johnson administration from criticism leveled by hardline Republicans that it is “soft” on the Soviet-Chinese nuclear threat as it is to provide real protection from Soviet or Chinese missiles. The system will never be completed (see 1969-1976), though by some accounts, its limited rollout does encourage the Soviet Union to renew arms negotiations with the US. In 1968, Time magazine will observe, “The fact is that Sentinel was intended less as a truly effective defense system than as an expensive propaganda gesture for Soviet consumption.” [Time, 6/5/1968; Schwartz, 1998, pp. 286-288]

Entity Tags: Robert McNamara, Sentinel

Timeline Tags: US International Relations

The NSA launches the first of seven satellites, code-named “Canyon,” that can pick up various types of voice and data traffic from Earth orbit. Canyon will lead to a more sophisticated satellite intelligence system, code-named “Rhyolite” (later “Aquacade”—see Early 1970s). [Federation of American Scientists, 7/17/1997]

Entity Tags: Rhyolite, National Security Agency, Canyon

Timeline Tags: Civil Liberties

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

The US, the Soviet Union, Great Britain, and 58 other countries sign the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). The NPT’s preamble refers explicitly to the goal of a comprehensive nuclear test ban, and to the “determination expressed by the parties [to the treaty] to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time.” The NPT will become effective on March 5, 1970. [Federation of American Scientists, 12/18/2007] In 2008, author J. Peter Scoblic will write that the NPT “relied heavily on appeals to national interest.” Scoblic will continue: “Given that the treaty allows five states to legally possess nuclear weapons while prohibiting the other 183 from ever developing them, why did dozens of states agree to the top-tiered, discriminatory system—a system of nuclear apartheid, as India put it (see June 20, 1996)? Because it made sense for them to do so.” The NPT gives nations a chance to opt out of nuclear arms races with their neighbors, and gives them the opportunity to share in nuclear technology for peaceful purposes. Over the years, far more nations will, under the NPT, give up their nascent nuclear programs—Taiwan, Brazil, Argentina, South Korea, others—than start them in defiance of the treaty. [Scoblic, 2008, pp. 274-276]

Entity Tags: J. Peter Scoblic

Timeline Tags: US International Relations

New York Times headline for Nixon election victory.New York Times headline for Nixon election victory. [Source: New York University]Republican presidential candidate Richard M. Nixon defeats Democratic challenger Hubert H. Humphrey in one of the closest elections in modern history. The election is too close to call for hours, until Illinois’s 26 electoral votes finally go to Nixon. The Illinois decision prevents third-party contender George C. Wallace from using his 15 electoral votes to determine the winner; the contest could well have ended up being determined in the House of Representatives. Instead, Nixon wins with 290 electoral votes, 20 more than he needs. Humphrey wins 203. Democrats retain control of both the House and Senate. [Washington Post, 11/5/1968]

Entity Tags: Hubert H. Humphrey, Richard M. Nixon

Timeline Tags: Nixon and Watergate, Elections Before 2000

After Richard Nixon wins the presidency (see November 5, 1968), he orders a review of the Sentinel anti-ballistic missile program (see September 18, 1967). It is suspended and later reintroduced in a more modest form under the moniker “Safeguard.” Nixon says the program will protect “our land-based retaliatory forces against a direct attack by the Soviet Union.” Safeguard has serious conception and design flaws, and is never completely deployed; when the 1972 Anti-Ballistic Missile Treaty is signed with the Soviet Union (see May 26, 1972), the program is scaled back and eventually terminated by Congress. Author Stephen Schwartz will later write that the Sentinel/Safeguard program is “the only time that Congress has successfully voted down a major strategic nuclear weapons program supported by the executive branch.” [Schwartz, 1998, pp. 286-288; Federation of American Scientists, 1/15/2008]

Entity Tags: Richard M. Nixon, Sentinel, Stephen Schwartz, Safeguard

Timeline Tags: US International Relations

White House Chief of Staff H. R. Haldeman begins setting up a secret campaign fund for the 1970 and 1972 elections. The source of the funding is to be, in its initial phases, money from billionaire oilman J. Paul Getty. Haldeman writes to fellow Nixon aide John Ehrlichman: “Bebe Rebozo [Nixon’s close friend] has been asked by the president to contact J. Paul Getty in London regarding major contributions.… The funds should go to some entity other than the [Republican] National Committee so that we retain full control of their use.” [Reeves, 2001, pp. 40]

Entity Tags: Republican National Committee, Charles ‘Bebe’ Rebozo, John Ehrlichman, J. Paul Getty, H.R. Haldeman

Timeline Tags: Nixon and Watergate, Elections Before 2000

Henry Kissinger.Henry Kissinger. [Source: Library of Congress]Secretary of State Henry Kissinger, determined to prove to President Nixon that news stories about the secret Cambodian bombings are not being leaked to the press by liberals in the National Security Council offices, urges FBI director J. Edgar Hoover to wiretap several of Nixon’s top aides, as well as a selection of reporters. Kissinger will later deny making the request. [Werth, 2006, pp. 169] In March 1973, W. Mark Felt, the deputy director of the FBI and Washington Post reporter Bob Woodward’s famous “Deep Throat” background source, will confirm the wiretappings, saying: “In 1969, the first targets of aggressive wiretapping were the reporters and those in the administration who were suspected of disloyalty. Then the emphasis was shifted to the radical political opposition during the [Vietnam] antiwar protests. When it got near election time [1972], it was only natural to tap the Democrats (see Late June-July 1971 and May 27-28, 1972). The arrests in the Watergate (see 2:30 a.m.June 17, 1972) sent everybody off the edge because the break-in could uncover the whole program.” [Bernstein and Woodward, 1974, pp. 271] Felt will tell Woodward that two of the reporters placed under electronic surveillance are Neil Sheehan and Hedrick Smith. Pentagon Papers leaker Daniel Ellsberg will leak the Defense Department documents to Sheehan (see March 1971). Eventually, future FBI director William Ruckelshaus will reveal that at least 17 wiretaps are ordered between 1969 and 1971. The logs of those wiretaps are stored in a safe in White House aide John Ehrlichman’s office. In all, 13 government officials and four reporters are monitored. [Bernstein and Woodward, 1974, pp. 313] The FBI will send Kissinger 37 letters reporting on the results of the surveillance between May 16, 1969 and May 11, 1970. When the surveillance is revealed to the Senate Watergate Committee, it will be shown that among those monitored are Nixon speechwriter and later New York Times columnist William Safire; Anthony Lake, a top Kissinger aide who will later resign over the secret bombings of Cambodia; and the military assistant to Secretary of Defense Melvin Laird, whom Kissinger regards as a political enemy. [Woodward, 2005, pp. 21-22]

Entity Tags: Richard M. Nixon, J. Edgar Hoover, Henry A. Kissinger, Hedrick Smith, Anthony Lake, Melvin Laird, Neil Sheehan, William Safire, W. Mark Felt, National Security Council, William Ruckelshaus

Timeline Tags: Civil Liberties, Nixon and Watergate

November 17, 1969: SALT I Talks Begin

Impelled in part by anti-ballistic missiles deployed in both the US and the Soviet Union (see September 18, 1967 and 1969-1976), the two nuclear superpowers begin the first round of Strategic Arms Limitation Talks, later known as SALT I. The negotiations are designed to limit both anti-ballistic missile systems and offensive nuclear arsenals. An agreement will be signed three years later (see May 26, 1972 and May 26, 1972). [Federation of American Scientists, 1/15/2008]

Entity Tags: Sentinel, Safeguard

Timeline Tags: US International Relations

President Nixon orders chief of staff H. R. Haldeman to finalize the creation of a second secret campaign fund (see February 17, 1969). The purpose of this particular fund is to support candidates in the November 1970 midterm elections that Nixon believes are loyal to him. The idea is not necessarily to support Republicans, but to support Nixon loyalists—party is a secondary consideration. “One of our most important projects for 1970 is to see that our major contributors funnel all their funds through us,” Nixon writes. “[W]e can see that they are not wasted in overheads or siphoned off by some possible venal types on the campaign committees… we can also see that they are used more effectively than would be the case if the candidates receive them directly.” The candidates’ fund, eventually dubbed the “Townhouse Operation” or “Town House Project” (so named because all of its dealings must take place in private offices and not in the White House or any campaign offices (see Early 1970)), is to be operated by Haldeman, Secretary of Commerce Maurice Stans (himself a veteran campaign fund-raiser), Senator Strom Thurmond (R-SC)‘s aide Harry Dent, and Dent’s assistant John Gleason. The list of contributors includes Chicago insurance tycoon W. Clement Stone, PepsiCo’s Donald Kendall, and Texas electronics millionaire H. Ross Perot. “Townhouse” is not the only secret campaign fund run from the White House; another is run by Nixon’s close friend millionaire Charles “Bebe” Rebozo, and features $50,000 secretly flown to Nixon’s beach home in Key Biscayne, Florida by an employee of billionaire Howard Hughes. [Reeves, 2001, pp. 153]

Entity Tags: John Gleason, Donald Kendall, Charles ‘Bebe’ Rebozo, H. Ross Perot, H.R. Haldeman, Richard M. Nixon, Harry Dent, Howard Hughes, Strom Thurmond, W. Clement Stone, Maurice Stans

Timeline Tags: Nixon and Watergate, Elections Before 2000

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Timeline Tags: Civil Liberties

George C. Wallace.George C. Wallace. [Source: Public domain]President Nixon is intent on knocking Alabama governor George Wallace, a segregationist Democrat, out of the 1972 elections. To that end, he has his personal lawyer, Herbert Kalmbach, ferry $100,000 in secret campaign funds (see December 1, 1969) to Alabama gubernatorial candidate Albert Brewer. Kalmbach delivers the money in the lobby of a New York City hotel, using the pseudonym “Mr. Jensen of Detroit.” Through his chief of staff H. R. Haldeman, Nixon also orders an IRS investigation of Wallace. White House aide Murray Chotiner delivers the information gleaned from the IRS probe to investigative columnist Jack Anderson, who subsequently prints the information in his syndicated columns. When Brewer forces a runoff with Wallace in the May 5 primary elections, Kalmbach has another $330,000 delivered to Brewer’s campaign. Brewer’s aide Jim Bob Solomon takes the money, in $100 bills, to Brewer via a flight from Los Angeles to Alabama; Solomon is so worried about the money being discovered in the event of a plane crash that he pins a note to his underwear saying that the money is not his, and he is delivering it on behalf of the president. Wallace, calling Brewer “the candidate of 300,000 n_ggers,” wins the runoff despite the massive cash infusions from the White House. [Reeves, 2001, pp. 228-229]

Entity Tags: Richard M. Nixon, Murray Chotiner, George C. Wallace, Albert Brewer, Jim Bob Solomon, Jack Anderson, Herbert Kalmbach, H.R. Haldeman

Timeline Tags: Nixon and Watergate, Elections Before 2000

Roger Ailes, the senior media consultant for the Nixon administration (see 1968), writes, or helps write, a secret memo for President Nixon and fellow Republicans outlining a plan for conservatives to “infiltrate and neutralize” the mainstream American media. The document will not be released until 2011; experts will call it the “intellectual forerunner” to Fox News, which Ailes will launch as a “fair and balanced” news network in 1996 (see October 7, 1996). John Cook, the editor of the online news and commentary magazine Gawker, will call the document the outline of a “nakedly partisan… plot by Ailes and other Nixon aides to circumvent the ‘prejudices of network news’ and deliver ‘pro-administration’ stories to heartland television viewers.” The document is entitled “A Plan for Putting the GOP on TV News.” Ailes, currently the owner of REA Productions and Ailes Communications Inc., works for the Nixon White House as a media consultant; he will serve the same function for President George H.W. Bush during his term. Ailes is a forceful advocate for using television to shape the message of the Nixon administration and of Republican policies in general. He frequently suggests launching elaborately staged events to entice favorable coverage from television reporters, and uses his contacts at the news networks to head off negative publicity. Ailes writes that the Nixon White House should run a partisan, pro-Republican media operation—essentially a self-contained news production organization—out of the White House itself. He complains that the “liberal media” “censors” the news to portray Nixon and his administration in a negative light. Cook will say the plan “reads today like a detailed precis for a Fox News prototype.” The initial idea may have originated with Nixon chief of staff H.R. Haldeman, but if so, Ailes expands and details the plan far beyond Haldeman’s initial seed of an idea. [Roger Ailes, 1970; Gawker, 6/30/2011] In 2011, Rolling Stone journalist Tim Dickinson will write: “This is an astounding find. It underscores Ailes’s early preoccupation with providing the GOP with a way to do an end run around skeptical journalists.” [Rolling Stone, 7/1/2011]
Focus on Television - Ailes insists that any such media plan should focus on television and not print. Americans are “lazy,” he writes, and want their thinking done for them: “Today television news is watched more often than people read newspapers, than people listen to the radio, than people read or gather any other form of communication. The reason: People are lazy. With television you just sit—watch—listen. The thinking is done for you.” Ailes says the Nixon administration should create its own news network “to provide pro-administration, videotape, hard news actualities to the major cities of the United States.” Other television news outlets such as NBC News, ABC News, CBS News, and PBS News, are “the enemy,” he writes, and suggests going around them by creating packaged, edited news stories and interviews directly to local television stations. (Years later, these kinds of “news reports” will be called “video news releases,” or VNRs, and will routinely be used by the George W. Bush administration and others—see March 15, 2004, May 19, 2004, March 2005, and March 13, 2005. They will be outlawed in 2005—see May 2005.) “This is a plan that places news of importance to localities (senators and representatives are newsmakers of importance to their localities) on local television news programs while it is still news. It avoids the censorship, the priorities, and the prejudices of network news selectors and disseminators.” Ailes and his colleagues include detailed cost analyses and production plans for such news releases. In a side note on the document, Ailes writes: “Basically a very good idea. It should be expanded to include other members of the administration such as cabinet involved in activity with regional or local interest. Also could involve GOP governors when in DC. Who would purchase equipment and run operation—White House? RNC [Republican National Committee]? Congressional caucus? Will get some flap about news management.”
Dirty Tricks - Ailes suggests planting “volunteers” within the Wallace campaign, referring to segregationist George Wallace (D-AL), whose third-party candidacy in 1968 almost cost Nixon the presidency. Ailes knows Wallace is planning a 1972 run as well, and is apparently suggesting a “mole” to either gather intelligence, carry out sabotage, or both. (Wallace’s plans for another run will be cut short by an assassination attempt—see May 15, 1972.) Ailes also suggests having his firm film interviews with Democrats who support Nixon’s Vietnam policies, such as Senators John Stennis (D-MS) and John McClellan (D-AR). Though Stennis and McClellan would believe that the interviews were for actual news shows, they would actually be carried out by Ailes operatives and financed by a Nixon campaign front group, the “Tell it to Hanoi Committee.” In June 1970, someone in the Nixon administration scuttles the plan, writing: “[T]he fact that this presentation is White House directed, unbeknownst to the Democrats on the show, presents the possibility of a leak that could severely embarrass the White House and damage significantly its already precarious relationship with the Congress. Should two powerful factors like Stennis and McClellan discover they are dupes for the administration the scandal could damage the White House for a long time to come.”
Volunteers to Head Program - Ailes writes that he wants to head any such “news network,” telling Haldeman: “Bob—if you decide to go ahead we would as a production company like to bid on packaging the entire project. I know what has to be done and we could test the feasibility for 90 days without making a commitment beyond that point.” Haldeman will grant Ailes’s request in November 1970, and will give the project a name: “Capitol News Service.” Haldeman will write: “With regard to the news programming effort as proposed last summer, Ailes feels this is a good idea and that we should be going ahead with it. Haldeman suggested the name ‘Capitol News Service’ and Ailes will probably be doing more work in this area.” Documents fail to show whether the “Capitol News Service” is ever actually implemented. [Roger Ailes, 1970; Gawker, 6/30/2011]
Television News Incorporated - Ailes will be fired from the Nixon administration in 1971; he will go on to start a similar private concern, “Television News Incorporated” (TVN—see 1971-1975), an ideological and practical predecessor to Fox News. Dickinson will write: “More important, [the document] links the plot to create what would become Television News Incorporated—the Ailes-helmed ‘fair and balanced’ mid-1970s precursor to Fox News—to the Nixon White House itself.” [Gawker, 6/30/2011; Rolling Stone, 7/1/2011] A former business colleague of Ailes’s will say in 2011: “Everything Roger wanted to do when he started out in politics, he’s now doing 24/7 with his network [Fox News]. It’s come full circle.” [Rolling Stone, 5/25/2011]

Entity Tags: John Cook, George C. Wallace, Fox News, Bush administration (43), Ailes Communications, H.R. Haldeman, George Herbert Walker Bush, Tim Dickinson, Television News Incorporated, Tell it to Hanoi Committee, REA Productions, John Stennis, John Little McClellan, Nixon administration, Roger Ailes

Timeline Tags: Domestic Propaganda

President Nixon meets with FBI Director J. Edgar Hoover, CIA Director Richard Helms, and the heads of the NSA and DIA to discuss a proposed new domestic intelligence system. His presentation is prepared by young White House aide Tom Charles Huston (derisively called “Secret Agent X-5” behind his back by some White House officials). The plan is based on the assumption that, as Nixon says, “hundreds, perhaps thousands, of Americans—mostly under 30—are determined to destroy our society.” Nixon complains that the various US intelligence agencies spend as much time battling with one another over turf and influence as they do working to locate threats to national security both inside and outside of the country. The agencies need to prove the assumed connections between the antiwar demonstrators and Communists. The group in Nixon’s office will now be called the “Interagency Committee on Intelligence,” Nixon orders, with Hoover chairing the new ad hoc group, and demands an immediate “threat assessment” about domestic enemies to his administration. Huston will be the White House liaison. Historian Richard Reeves will later write: “The elevation of Huston, a fourth-level White House aide, into the company of Hoover and Helms was a calculated insult. Nixon was convinced that both the FBI and the CIA had failed to find the links he was sure bound domestic troubles and foreign communism. But bringing them to the White House was also part of a larger Nixon plan. He was determined to exert presidential control over the parts of the government he cared most about—the agencies dealing with foreign policy, military matters, intelligence, law, criminal justice, and general order.” [Reeves, 2001, pp. 229-230]

Entity Tags: Richard Reeves, Tom Charles Huston, Central Intelligence Agency, Defense Intelligence Agency, Federal Bureau of Investigation, J. Edgar Hoover, Richard M. Nixon, Richard Helms, National Security Agency

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon approves the “Huston Plan” for greatly expanding domestic intelligence-gathering by the FBI, CIA and other agencies. Four days later he rescinds his approval. [Washington Post, 2008] Nixon aide Tom Charles Huston comes up with the plan, which involves authorizing the CIA, FBI, NSA, and military intelligence agencies to escalate their electronic surveillance of “domestic security threats” in the face of supposed threats from Communist-led youth agitators and antiwar groups (see June 5, 1970). The plan would also authorize the surreptitious reading of private mail, lift restrictions against surreptitious entries or break-ins to gather information, plant informants on college campuses, and create a new, White House-based “Interagency Group on Domestic Intelligence and Internal Security.” Huston’s Top Secret memo warns that parts of the plan are “clearly illegal.” Nixon approves the plan, but rejects one element—that he personally authorize any break-ins. Nixon orders that all information and operations to be undertaken under the new plan be channeled through his chief of staff, H. R. Haldeman, with Nixon deliberately being left out of the loop. The first operations to be undertaken are using the Internal Revenue Service to harass left-wing think tanks and charitable organizations such as the Brookings Institution and the Ford Foundation. Huston writes that “[m]aking sensitive political inquiries at the IRS is about as safe a procedure as trusting a whore,” since the administration has no “reliable political friends at IRS.” He adds, “We won’t be in control of the government and in a position of effective leverage until such time as we have complete and total control of the top three slots of the IRS.” Huston suggests breaking into the Brookings Institute to find “the classified material which they have stashed over there,” adding: “There are a number of ways we could handle this. There are risks in all of them, of course; but there are also risks in allowing a government-in-exile to grow increasingly arrogant and powerful as each day goes by.” [Reeves, 2001, pp. 235-236] In 2007, author James Reston Jr. will call the Huston plan “arguably the most anti-democratic document in American history… a blueprint to undermine the fundamental right of dissent and free speech in America.” [Reston, 2007, pp. 102]

Entity Tags: US Department of Defense, National Security Agency, Richard M. Nixon, Brookings Institution, Central Intelligence Agency, Federal Bureau of Investigation, Ford Foundation, Internal Revenue Service, Tom Charles Huston, James Reston, Jr

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon has an Oval Office meeting with a number of White House aides, including chief of staff H. R. Haldeman, Murray Chotiner, and Donald Rumsfeld. Part of the meeting concerns the dissemination of secret campaign funds to a variety of campaigns with candidates considered friendly to the Nixon administration (see December 1, 1969). [Reeves, 2001, pp. 245]

Entity Tags: Richard M. Nixon, Murray Chotiner, Nixon administration, Donald Rumsfeld, H.R. Haldeman

Timeline Tags: Nixon and Watergate

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

The federal government enacts the Revenue Act as a companion, and precursor, to the omnibus Federal Election Campaign Act (FECA—see February 7, 1972). The Revenue Act creates a public campaign fund for eligible presidential candidates, beginning with the 1976 presidential election, through the provision of a voluntary one-dollar checkoff box on federal income tax returns. (This provision was actually introduced into law by the 1968 Long Act.) The law also allows for a $50 tax deduction for individual filers for contributions to local, state, or federal candidates, a provision that will be eliminated in 1978. It provides a $12.50 tax credit for the same purpose, a provision that will be raised to $50 in 1978 and eliminated in 1986. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file]

Entity Tags: Federal Election Campaign Act of 1972, Revenue Act of 1971

Timeline Tags: Civil Liberties

President Nixon, regretting his removal of the secret tape recorders in the White House left behind by former president Lyndon Johnson, orders the installation of a sophisticated, secret taping system in the Oval Office and Cabinet Room, which will, when activated, record every spoken word and telephone conversation in either chamber (see July 13-16, 1973). The Oval Office’s microphones will be voice-activated; the Cabinet Room’s with a switch. Nixon orders his chief of staff H. R. Haldeman to see to the installation, and to keep it extremely quiet. Haldeman delegates the installation to aides Lawrence Higby and Alexander Butterfield. Haldeman decides the Army Signal Corps should not install the system because someone in that group might report back to the Pentagon; instead he has the Secret Service’s technical security division install it. The work is done late at night; five microphones are embedded in Nixon’s Oval Office desk, and two more in the wall light fixtures on either side of the fireplace, over the couch and chairs where Nixon often greets visitors. All three phones are wiretapped. By February 16, the system in both chambers is in place. All conversations are recorded on Sony reel-to-reel tape recorders, with Secret Service agents changing the reels every day and storing the tapes in a small, locked room in the Executive Office Building. [Reeves, 2001, pp. 305]

Entity Tags: Lyndon B. Johnson, Alexander Butterfield, Richard M. Nixon, H.R. Haldeman, US Army Signal Corps, US Secret Service

Timeline Tags: Civil Liberties, Nixon and Watergate

Book cover of the Pentagon Papers.Book cover of the Pentagon Papers. [Source: Daniel Ellsberg]The New York Times receives a huge amount of secret Defense Department documents and memos that document the covert military and intelligence operations waged by previous administrations in Vietnam (see January 15, 1969). The documents are leaked by Daniel Ellsberg, a former Defense Department official who worked in counterintelligence and later for the RAND Corporation while remaining an active consultant to the government on Vietnam. Ellsberg, a former aide to Secretary of State and National Security Adviser Henry Kissinger and a member of the task force that produced the Defense Department documents, has, over his tenure as a senior government official, become increasingly disillusioned with the actions of the US in Vietnam. [Herda, 1994] The documents are given to Times reporter Neil Sheehan by Ellsberg (see May 1969). [Bernstein and Woodward, 1974, pp. 313]
Ellsberg Tried to Interest Senators - After he and his friend Anthony Russo had copied the documents (see September 29, 1969), Ellsberg had spent months attempting to persuade several antiwar senators, including William Fulbright (D-AR), Charles Mathias Jr (R-MD), George McGovern (D-SD), and Paul “Pete” McCloskey (R-CA), to enter the study into the public record, all to no avail. But McGovern suggested that Ellsberg provide copies of the documents either to the New York Times or the Washington Post. Ellsberg knew Sheehan in Vietnam, and decided that the Times reporter was his best chance for making the documents public. [Reeves, 2001, pp. 333; Moran, 2007] Ellsberg originally gave copies of the documents—later dubbed the “Pentagon Papers”—to Phil Geyelin of the Washington Post, but the Post’s Katherine Graham and Ben Bradlee decided not to publish any of the documents. Ellsberg then gave a copy to Sheehan.
Documents Prove White House Deceptions - The documents include information that showed former President Dwight D. Eisenhower had made a secret commitment to help the French defeat the insurgents in Vietnam. They also show that Eisenhower’s successor, John F. Kennedy, had used a secret “provocation strategy” to escalate the US’s presence into a full-blown war that eventually led to the infamous Gulf of Tonkin incident. The documents also show that Kennedy’s successor, Lyndon Johnson, had planned from the outset of his presidency to expand the war [Spartacus Schoolnet, 8/2007] , and show how Johnson secretly paved the way for combat troops to be sent to Vietnam, how he had refused to consult Congress before committing both ground and air forces to war, and how he had secretly, and illegally, shifted government funds from other areas to fund the war. Finally, the documents prove that all three presidents had broken Constitutional law in bypassing Congress and sending troops to wage war in Vietnam on their own authority. [Herda, 1994]
Times Publishes Against Legal Advice - The Times will begin publishing them in mid-June 1971 (see June 13, 1971) after putting Sheehan and several other reporters up in the New York Hilton to sift through the mountain of photocopies and the senior editors, publishers, and lawyers argued whether or not to publish such a highly classified set of documents. The management will decide, against the advice of its lawyers, to publish articles based on the documents as well as excerpts from the documents themselves. [Moran, 2007]

Entity Tags: Paul McCloskey, Washington Post, Phil Geyelin, RAND Corporation, New York Times, Johnson administration, Kennedy administration, Charles Mathias, Jr, Ben Bradlee, Anthony Russo, Neil Sheehan, Daniel Ellsberg, Henry A. Kissinger, George S. McGovern, Katharine Graham, J. William Fulbright, US Department of Defense

Timeline Tags: Nixon and Watergate

Nixon at AMPI rally and convention, September 3, 1971Nixon at AMPI rally and convention, September 3, 1971 [Source: George Mason University]President Nixon meets with members of a farmer’s cooperative, Associated Milk Producers, Inc (AMPI). Nixon and his staff members have secretly colluded with AMPI members to artificially drive up the price of milk in return for $2 million in campaign contributions for Nixon’s 1972 re-election. (Ironically, in 1968, AMPI had supported Democratic candidate Hubert Humphrey, but they now want access to Nixon, and retained former Nixon aide Murray Chotiner as soon as Chotiner left the White House.) In 1969 and 1970, AMPI officials delivered $235,000 to Nixon’s personal lawyer, Herbert Kalmbach, for use in the Townhouse Project (see Early 1970) and other secret campaign operations. AMPI officials agree to government subsidies that will drive the price of milk up to $4.92 per hundredweight after politely listening to Nixon’s ideas of marketing milk as a sedative: “If you get people thinking that a glass of milk is going to make them sleep, I mean, it’ll do just as well as a sleeping pill. It’s all in the head.” Nixon heads off specific discussions of how AMPI money will be delivered, warning: “Don’t say that while I’m sitting here. Matter of fact, the room’s not tapped. Forgot to do that” (see February 1971). After the meeting, Nixon’s aides calculate that the deal will cost the government about $100 million. White House aide John Ehrlichman says as he leaves Nixon’s office: “Better get a glass of milk. Drink it while it’s cheap.” That evening, Chotiner and the president of AMPI, Harold Nelson, transfer the $2 million to Kalmbach in a Washington hotel room. [Reeves, 2001, pp. 309]

Entity Tags: Richard M. Nixon, Murray Chotiner, Harold Nelson, Associated Milk Producers, Inc, John Ehrlichman, Hubert H. Humphrey, Herbert Kalmbach

Timeline Tags: Nixon and Watergate, Elections Before 2000

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]

Entity Tags: Federal Bureau of Investigation, ’Plumbers’, Alger Hiss, Daniel Ellsberg, Richard M. Nixon, W. Mark Felt, Lewis Fielding, Bob Woodward, John Ehrlichman

Timeline Tags: Nixon and Watergate

President Nixon explodes in fury at a Jewish Department of Labor official’s statement to the press about unemployment rates going up. After a tirade about “Jew c_cks_cker[s]” being “radical left-wingers,” “untrustworthy,” and “disloyal,” Nixon orders a study of the number of Jews in that particular Labor Department bureau. “Thirteen of the 35 fit the demographic[s],” the answer reads. [Reeves, 2001, pp. 343-344]

Entity Tags: Richard M. Nixon, US Department of Labor

Timeline Tags: Nixon and Watergate

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

In a secretly recorded conversation in the Oval Office, President Nixon makes the following comments about Jewish contributors to the Democratic Party: “Please get the names of the Jews. You know, the big Jewish contributors to the Democrats. Could you please investigate some of the [expletive deleted].” The next day, Nixon continues the conversation, asking his chief of staff, H. R. Haldeman: “What about the rich Jews? The IRS is full of Jews, Bob.” Haldeman replies, “What we ought to do is get a zealot who dislikes those people.” Nixon concurs: “Go after them like a son of a b_tch.” Nixon also reacts positively to Haldeman’s idea of the Republicans secretly funding a black independent presidential candidate in 1972 to siphon off Democratic votes: “Put that down for discussion—not for discussion, for action.” [PBS, 1/2/1997]

Entity Tags: Richard M. Nixon, H.R. Haldeman

Timeline Tags: Nixon and Watergate, Elections Before 2000

President Nixon’s aides have diligently tried to find evidence linking former President John F. Kennedy to the 1963 assassinations of South Vietnamese President Ngo Dinh Diem and his brother, Ngo Dinh Nhu (see June 17, 1971), but have been unsuccessful. “Plumber” E. Howard Hunt (see July 7, 1971) has collected 240 diplomatic cables between Washington, DC, and Saigon from the time period surrounding the assassinations, none of which hint at any US involvement in them. White House aide Charles Colson, therefore, decides to fabricate his own evidence. Using a razor blade, glue, and a photocopier, Colson creates a fake “cable” dated October 29, 1963, sent to the US embassy in Saigon from the Kennedy White House. It reads in part, “At highest level meeting today, decision reluctantly made that neither you nor Harkin [apparently a reference to General Paul Harkins, the commander of US forces in Vietnam at the time] should intervene on behalf of Diem or Nhu in event they seek asylum.” [Reeves, 2001, pp. 371]

Entity Tags: Kennedy administration, Charles Colson, E. Howard Hunt, Richard M. Nixon, Ngo Dinh Diem, Paul Harkins, Ngo Dinh Nhu

Timeline Tags: Nixon and Watergate

Gemstone file envelope.Gemstone file envelope. [Source: MedLibrary.org]“Plumber” G. Gordon Liddy lays out an elaborate $1 million proposal for a plan for political espionage and campaign “dirty tricks” he calls “Operation Gemstone” to Attorney General John Mitchell. Mitchell is preparing to leave his post to head the Committee to Re-elect the President (CREEP—see March 1, 1972). “Gemstone” is a response to pressure from President Nixon to compile intelligence on Democratic candidates and party officials, particularly Democratic National Committee chairman Lawrence O’Brien. Liddy gives his presentation with one hand bandaged—he had recently charred it in a candle flame to demonstrate the pain he was willing to endure in the name of will and loyalty. Sub-operations such as “Diamond,” “Ruby,” and “Sapphire” engender the following, among other proposed activities:
bullet disrupt antiwar demonstrators before television and press cameras can arrive on the scene, using “men who have worked successfully as street-fighting squads for the CIA” [Reeves, 2001, pp. 429-430] or what White House counsel John Dean, also at the meeting, will later testify to be “mugging squads;” [Time, 7/9/1973]
bullet kidnap, or “surgically relocate,” prominent antiwar and civil rights leaders by “drug[ging” them and taking them “across the border;”
bullet use a pleasure yacht as a floating brothel to entice Democrats and other undesirables into compromising positions, where they can be tape-recorded and photographed with what Liddy calls “the finest call girls in the country… not dumb broads but girls who can be trained and photographed;”
bullet deploy an array of electronic and physical surveillance, including chase planes to intercept messages from airplanes carrying prominent Democrats. [Reeves, 2001, pp. 429-430]
Dean, as he later testifies, is horrified at the ideas. [Time, 7/9/1973] Mitchell seems more amused than anything else at Liddy’s excesses, he merely says that “Gemstone” is “not quite what I had in mind.” He tells Liddy and Liddy’s boss, CREEP deputy director Jeb Stuart Magruder, to come back with a cheaper and more realistic proposal. [Reeves, 2001, pp. 429-430]

Entity Tags: John Mitchell, John Dean, Committee to Re-elect the President, G. Gordon Liddy, Jeb S. Magruder, Lawrence O’Brien, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

The massive Federal Election Campaign Act (FECA) is signed into law by President Nixon. (The law is commonly thought of in the context of 1971, when Congress passed it, but Nixon did not sign it into law for several months.) The law is sparked by a rising tide of anger among the public, frustrated by the Vietnam War and the variety of movements agitating for change. The campaign watchdog organization Common Cause sued both the Democratic and Republican National Committees for violating the Federal Corrupt Practices Act (FCPA—see 1925), and though it lost the suit, it exposed the flaws and limitations of the law to the public. Common Cause then led a push to improve campaign finance legislation, aided by the many newly elected and reform-minded members of Congress. FECA repeals the toothless FCPA and creates a comprehensive framework for the regulation of federal campaign financing, from primaries and runoffs to conventions and general elections. The law requires full and timely disclosure of donations and expenditures, and provides broad definitions of both. It sets limits on media advertising as well as on contributions from candidates and their family members. The law permits unions and corporations to solicit voluntary contributions from members, employees, and stockholders, and allows union and corporate treasury money to be used for operating expenses for political action committees (PACs) or for voter drives and the like. It bans patronage or the promise of patronage, and bans contracts between a candidate and any federal department or agency. It establishes strict caps on the amounts individuals can contribute to their own campaigns—$50,000 for presidential and vice-presidential candidates, $35,000 for Senate candidates, and $25,000 for House candidates. It establishes a cap on television advertising at 10 cents per voter in the last election, or $50,000, whichever is higher. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Federal Election Commission, 4/2008 pdf file] The difference before and after FECA is evident. Congressional campaign spending reportage from 1968 claimed only $8.5 million, while in 1972, Congressional campaign spending reports will soar to $88.9 million. [Federal Elections Commission, 1998]

Entity Tags: Richard M. Nixon, Federal Corrupt Practices Act, Federal Election Campaign Act of 1972, Common Cause

Timeline Tags: Civil Liberties

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).

Entity Tags: Jack Anderson, Dita Beard, Brit Hume, Bob Woodward, Bill Merriam, Federal Bureau of Investigation, International Telephone and Telegraph, Richard M. Nixon, Harold Geneen, John Mitchell, Louie B. Nunn

Timeline Tags: Nixon and Watergate

The US and the Soviet Union sign the Anti-Ballistic Missile Systems (ABM) Treaty. It will be ratified by the US Senate in August 1972, and will go into force in October 1972. Originally, the treaty agrees that each nation can have only two ABM deployment areas, located so that those areas cannot provide a nationwide ABM defense or become the basis for developing one. In essence, the ABM Treaty prevents either nation from developing a missile defense system (see March 23, 1983), and allows each country the likelihood of destroying the other with an all-out nuclear barrage. The treaty puts in place the doctrine of MAD, or Mutual Assured Destruction, which states that because both nations can obliterate the other in a nuclear exchange, neither one will trigger such a strike. In 1976, an addendum to the treaty further limits the number of ABM deployment areas from two to one; the Soviets will deploy a rudimentary ABM system around Moscow, but the US never does, and even deactivates its single ABM site near Grand Forks, North Dakota. In 2001, US President George W. Bush will unilaterally withdraw from the treaty (see December 13, 2001 and June 14, 2002). [Federation of American Scientists, 1/15/2008]

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

Shortly after the Watergate burglars were caught (see 2:30 a.m.June 17, 1972), Nixon campaign aide Gordon Strachan destroys evidence that could link the White House to the burglaries. According to testimony by White House counsel John Dean to the Senate Watergate Committee (see June 25-29, 1973), Strachan, on the orders of White House aide H. R. Haldeman, destroys files from Haldeman’s office, including what Dean calls “wiretap information from the DNC,” or Democratic National Committee. Dean later testifies that White House aide John Ehrlichman orders him to get E. Howard Hunt, the planner of the burglary, “out of the country,” but later tries to rescind the order. Dean’s testimony shows that Haldeman had prior knowledge of the illegal wiretapping and perhaps the burglaries as well. Dean’s testimony implicates both Haldeman and Ehrlichman as direct participants in the cover-up virtually from the outset. [Time, 7/9/1973]

Entity Tags: H.R. Haldeman, Gordon Strachan, John Ehrlichman, John Dean, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

According to White House aide H. R. Haldeman’s 1978 book The Ends to Power (see February 1978), President Nixon phones Haldeman in a call that Haldeman will claim has remained “unknown to anyone but the president and me to this day.” Nixon wants to raise money for the jailed Watergate burglars (see 2:30 a.m.June 17, 1972). “Those people who got caught are going to need money. I’ve been thinking about how to do it,” Nixon says. “I’m going to have Bebe [Nixon’s millionaire friend, Bebe Rebozo] start a fund for them in Miami. Call it an anti-Castro fund.” [Time, 2/27/1978] But many observers, including Haldeman’s colleague John Ehrlichman, will describe Haldeman’s book as filled with errors (see March 6, 1978), thereby calling into question Haldeman’s account of the reported incident.

Entity Tags: Richard M. Nixon, H.R. Haldeman, Charles ‘Bebe’ Rebozo

Timeline Tags: Nixon and Watergate

President Nixon and chief of staff H. R. Haldeman discuss a suggestion by Nixon campaign chief John Mitchell regarding the Watergate burglary and bugging (see 2:30 a.m.June 17, 1972). Mitchell believes that burglar G. Gordon Liddy should take the entire blame for the burglary, and confess to being the operation’s “mastermind.” “You mean you’d have Liddy confess and say he did it unauthorized?” Nixon asks. Haldeman affirms the question. After further discussion, Nixon says: “The reaction is going to be primarily Washington and not the country, because I think the country doesn’t give much of a sh_t about it other than the ones we’ve already bugged.… Everybody around here is all mortified by it. It’s a horrible thing to rebut [whereas] most people around the country think this is routine, that everybody’s trying to bug everybody else, it’s politics.” Nixon is struck with a new idea during the conversation—use every accusation of the Watergate bugging to claim that it only proves the Democrats were bugging the Nixon campaign. Maybe they should plant a bug on themselves and claim the Democrats planted it, Nixon suggests. Haldeman circles the conversation back to Liddy, and Nixon asks, “Is Liddy willing?” Haldeman replies: “He says he is. Apparently he is a little bit nuts… apparently he’s sort of a Tom Huston-type guy (see June 5, 1970).… He sort of likes the dramatic. He’s said, ‘If you want to put me before a firing squad and shoot me, that’s fine. I’d kind of like to be like Nathan Hale.’” [Reeves, 2001, pp. 505-506]

Entity Tags: Tom Charles Huston, G. Gordon Liddy, H.R. Haldeman, John Mitchell, Richard M. Nixon

Timeline Tags: Nixon and Watergate

In the case of Pipefitters Local Union No. 562 et al v. US, the Supreme Court overturns a criminal conviction of the Pipefitters Union for violating the Smith-Connally Act (see June 25, 1943) and the Federal Corrupt Practices Act (FCPA—see 1925). That law bans labor unions from contributing to political campaigns, and Pipefitters Union officials had administered a political action committee (see 1944). The Court, citing the newly passed Federal Election Campaign Act (FECA—see February 7, 1972), overturns the conviction, ruling that FECA “plainly permits union officials to establish, administer, and solicit contributions for a political fund.” The decision is later codified by the amendments to the law (see 1974). [Campaign Finance Timeline, 1999; US Supreme Court Center, 2012]

Entity Tags: Pipefitters Union, US Supreme Court, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

Nixon and Haldeman, three days after the June 23 meeting.Nixon and Haldeman, three days after the June 23 meeting. [Source: Washington Post]With the FBI tracing the Watergate burglars’ $100 bills to GOP fundraiser Kenneth Dahlberg (see August 1-2, 1972), President Nixon orders the CIA to attempt to stop the FBI from investigating the Watergate conspiracy, using the justification of “national security.” One of the areas Nixon specifically does not want investigated is the $89,000 in Mexican checks found in the account of one of the Watergate burglars, Bernard Barker (see April-June 1972). [Reeves, 2001, pp. 508-510; Woodward, 2005, pp. 59-60] Author James Reston Jr. will write in 2007: “The strategy for the CIA to block the FBI’s investigation of the Mexican checks… was devised by Haldeman and Nixon. This was a clear obstruction of justice.” [Reston, 2007, pp. 33-34] The plan, concocted by Nixon campaign chief John Mitchell, is to have deputy CIA director Vernon Walters tell the new FBI Director, L. Patrick Gray, to, in the words of Nixon chief of staff H. R. Haldeman, “stay the hell out of this… this is, ah, business we don’t want you to go any further on it.” Nixon approves the plan. White House aide John Ehrlichman will later testify that he is the one tasked with carrying out Nixon’s command; Nixon tells Ehrlichman and Haldeman to have the CIA “curb the FBI probe.” [O.T. Jacobson, 7/5/1974 pdf file]
Nixon: FBI, CIA Should Back out of Investigation - In his discussion with Nixon, Haldeman says that “the FBI is not under control, because Gray doesn’t exactly know how to control them, and they have, their investigation is now leading into some productive areas, because they’ve been able to trace the money… and it goes in some directions we don’t want it to go.” Haldeman also says that the FBI has a witness in Miami who saw film developed from one of the Watergate burglaries (see Mid-June 1972). He tells Nixon that the FBI is not aware yet that the money for the burglars can be traced to Dahlberg, who wrote a $25,000 check that went directly to one of the Watergate burglars. That check is “directly traceable” to the Mexican bank used by the Nixon re-election campaign (CREEP). Haldeman says that he and Ehrlichman should call in both Gray and CIA Director Richard Helms and tell both of them to have their agencies back out of any investigation. Nixon agrees, saying that considering Hunt’s involvement: “that will uncover a lot of things. You open that scab there’s a hell of a lot of things and that we just feel that it would be very detrimental to have this thing go any further. This involves these Cubans, Hunt, and a lot of hanky-panky that we have nothing to do with ourselves.” Haldeman says he believes that Mitchell knew about the burglary as well, but did not know the operational details. “[W]ho was the assh_le who did?” Nixon asks. “Is it [G. Gordon] Liddy? Is that the fellow? He must be nuts.” Haldeman says Mitchell pressured Liddy “to get more information, and as [Liddy] got more pressure, he pushed the people harder to move harder on.…” Both Nixon and Haldeman think that the FBI may believe the CIA, not the White House, is responsible for the burglary; Nixon says: “… when I saw that news summary item, I of course knew it was a bunch of crap, but I thought ah, well it’s good to have them off on this wild hair thing because when they start bugging us, which they have, we’ll know our little boys will not know how to handle it. I hope they will though. You never know. Maybe, you think about it. Good!” A short time later in the conversation, Nixon instructs Haldeman to tell his staffers not to directly lie under oath about their knowledge of the burglary, but to characterize it as “sort of a comedy of errors, bizarre,” and warn the FBI that to continue investigating the burglary would “open the whole Bay of Pigs thing up again. And, ah, because these people are plugging for, for keeps and that they should call the FBI in and say that we wish for the country, don’t go any further into this case.… That’s the way to put it, do it straight.” [AMDOCS Documents for the Study of American History, 6/1993] Later in the day, both Walters and CIA Director Richard Helms visit Haldeman to discuss the situation. Helms says that he has already heard from Gray, who had said, “I think we’ve run right into the middle of a CIA covert operation.” Helms and Walters both agree to pressure Gray to abandon the investigation, but their efforts are ineffective; the assistant US attorney in Washington, Earl Silbert, is driving the investigation, not the FBI. [Reeves, 2001, pp. 508-510]
Gray: Improper Use of FBI - Soon after Nixon’s order, acting FBI Director L. Patrick Gray tells Nixon that his administration is improperly using the CIA to interfere in the FBI’s investigation of Watergate. Gray warns Nixon “that people on your staff are trying to mortally wound you.” Gray is himself sharing Watergate investigation files with the White House, but will claim that he is doing so with the approval of the FBI’s general counsel. [New York Times, 7/7/2005] It is unclear whether Gray knows that Nixon personally issued the order to the CIA. Soon after the order is issued, a number of the FBI agents on the case—15 to 20 in all—threaten to resign en masse if the order is carried out. One of the agents, Bob Lill, will later recall: “There was certainly a unanimity among us that we can’t back off. This is ridiculous. This smacks of a cover-up in itself, and we’ve got to pursue this. Let them know in no uncertain terms we’re all together on this. [T]his request from CIA is hollow.” [Woodward, 2005, pp. 189-191] No such mass resignation will take place. Because of evidence being classified and redacted (see July 5, 1974), it will remain unclear as to exactly if and how much the CIA may have interfered in the FBI’s investigation.
'Smoking Gun' - The secret recording of this meeting (see July 13-16, 1973), when revealed in the subsequent Watergate investigation, will become known as the “smoking gun” tape—clear evidence that Nixon knew of and participated in the Watergate cover-up. [Washington Post, 2008]

Entity Tags: Bob Lill, Vernon A. Walters, Earl Silbert, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon, G. Gordon Liddy, L. Patrick Gray, John Ehrlichman, Richard Helms, John Mitchell, Kenneth H. Dahlberg, H.R. Haldeman

Timeline Tags: Nixon and Watergate

President Nixon meets in his hideaway office in the Executive Office Building with his chief of staff, H. R. Haldeman. Their conversation is captured on Nixon’s secret taping system (see July 13-16, 1973). Haldeman reports that he has learned from his own secret source that there is a leak in the highest echelons of the FBI, a source apparently funnelling information to Washington Post reporters Bob Woodward and Carl Bernstein: “Mark Felt.” Felt, the deputy director of the bureau, is Woodward’s clandestine background source “Deep Throat” (see May 31, 2005). Haldeman warns Nixon not to say anything because it would reveal Haldeman’s source, apparently some “legal guy” at the Post. Besides, “[I]f we move on [Felt], he’ll go out and unload everything. He knows everything that’s to be known in the FBI.” According to White House counsel John Dean, there are no legal sanctions that can be taken against Felt, because Felt has broken no laws. Dean is worried that if the White House takes any action, Felt will “go out and get himself on network television.” Nixon snarls: “You know what I’ll do with him, the little b_stard. Well, that’s all I want to hear about it.” Haldeman tells Nixon that Felt wants to be director of the FBI. Nixon’s first question: “Is he Catholic?” “No sir, he’s Jewish,” Haldeman replies. “Christ, put a Jew in there?” Nixon asks. “Well, that could explain it too,” Haldeman observes. [Woodward, 2005, pp. 85-86] Acting director L. Patrick Gray will inform Felt of the White House’s suspicions in early 1973, leading Felt to strenuously deny the charge, but Gray will refuse White House demands to fire Felt. [Woodward, 2005, pp. 139]

Entity Tags: L. Patrick Gray, Carl Bernstein, Bob Woodward, Federal Bureau of Investigation, H.R. Haldeman, John Dean, Richard M. Nixon, W. Mark Felt, Nixon administration

Timeline Tags: Nixon and Watergate

CIA Counterintelligence Director James Angleton.CIA Counterintelligence Director James Angleton. [Source: CI Centre.com]CIA Director James Schlesinger orders an internal review of CIA surveillance operations against US citizens. The review finds dozens of instances of illegal CIA surveillance operations against US citizens dating back to the 1950s, including break-ins, wiretaps, and the surreptitious opening of personal mail. The earlier surveillance operations were not directly targeted at US citizens, but against “suspected foreign intelligence agents operating in the United States.” Schlesinger is disturbed to find that the CIA is currently mounting illegal surveillance operations against antiwar protesters, civil rights organizations, and political “enemies” of the Nixon administration. In the 1960s and early 1970s, CIA agents photographed participants in antiwar rallies and other demonstrations. The CIA also created a network of informants who were tasked to penetrate antiwar and civil rights groups and report back on their findings. At least one antiwar Congressman was placed under surveillance, and other members of Congress were included in the agency’s dossier of “dissident Americans.” As yet, neither Schlesinger nor his successor, current CIA Director William Colby, will be able to learn whether or not Schlesinger’s predecessor, Richard Helms, was asked by Nixon officials to perform such illegal surveillance, though both Schlesinger and Colby disapproved of the operations once they learned of them. Colby will privately inform the heads of the House and Senate Intelligence Committees of the domestic spying engaged in by his agency. The domestic spying program was headed by James Angleton, who is still serving as the CIA’s head of counterintelligence operations, one of the most powerful and secretive bureaus inside the agency. It is Angleton’s job to maintain the CIA’s “sources and methods of intelligence,” including the prevention of foreign “moles” from penetrating the CIA. But to use counterintelligence as a justification for the domestic spying program is wrong, several sources with first-hand knowledge of the program will say in 1974. “Look, that’s how it started,” says one. “They were looking for evidence of foreign involvement in the antiwar movement. But that’s not how it ended up. This just grew and mushroomed internally.” The source continues, speaking hypothetically: “Maybe they began with a check on [Jane] Fonda. They began to check on her friends. They’d see her at an antiwar rally and take photographs. I think this was going on even before the Huston plan” (see July 26-27, 1970 and December 21, 1974). “This wasn’t a series of isolated events. It was highly coordinated. People were targeted, information was collected on them, and it was all put on [computer] tape, just like the agency does with information about KGB agents. Every one of these acts was blatantly illegal.” Schlesinger begins a round of reforms in the CIA, a program continued by Colby. [New York Times, 12/22/1974 pdf file]

Entity Tags: William Colby, Senate Intelligence Committee, Richard Helms, James Angleton, Jane Fonda, Nixon administration, Central Intelligence Agency, James R. Schlesinger, House Intelligence Committee

Timeline Tags: Civil Liberties

Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. [ROE v. WADE, 410 US 113 (1973), 1/22/1973; CNN, 1/22/2003; National Abortion Federation, 2010] In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” [CBS News, 4/19/2007]

Entity Tags: Potter Stewart, Byron White, Lewis Powell, Harry Blackmun, William Rehnquist, US Supreme Court, William O. Douglas, Warren Burger, William Brennan, Thurgood Marshall

Timeline Tags: US Health Care, Civil Liberties

Charles ‘Bebe’ Rebozo.Charles ‘Bebe’ Rebozo. [Source: Bettmann / Corbis]Herbert Kalmbach, President Nixon’s personal lawyer, has a confidential discussion with Nixon’s close friend, Florida millionaire Charles “Bebe” Rebozo. Rebozo tells Kalmbach that Nixon is uneasy about $100,000 in large campaign donations Rebozo made to the Nixon re-election campaign—two $50,000 donations, one given in 1969 and one in 1970. Rebozo was actually a middleman in the contributions, which originally came from Richard Danner, an executive with the Howard Hughes financial empire. While the contributions themselves are neither illegal nor controversial, Nixon is worried about the disposition of the money. Some of the money went to Nixon’s secretary, Rose Mary Woods; some went to Nixon’s two brothers, Donald Nixon and Edward Nixon; and some went to, in Rebozo’s words, “unnamed others.” Campaign donations can only be used for campaign expenses, not personal disbursements, and therefore, Rebozo’s money was likely used illegally. Rebozo has a meeting scheduled with the Internal Revenue Service to discuss the contributions. He wants advice on what to tell them. Kalmbach advises Rebozo to come clean with the IRS, but Rebozo balks. “This touches the president and the president’s family,” he says, “and I just can’t do anything to add to his problems at this time.” Kalmbach checks with a friend, Stanley Ebner, the general counsel of the Office of Management and Budget, speaking strictly hypothetically; Ebner gives the same advice as Kalmbach had. But, when Kalmbach meets a second time with Rebozo, the millionaire no longer seems concerned. Kalmbach will later testify, “I had the feeling that he had made up his mind on what to do before that meeting, and cut me short when he found that I had not come up with a more acceptable alternative” (see Early May, 1974). In January, Rebozo will tell Kalmbach an entirely different story. He had never given any of the money to the Nixon campaign after all, he will claim; instead, he had found all the money in a safe-deposit box, still in its original wrappers. Senate investigators will find that the money in Rebozo’s safe-deposit box was actually supplied as a cover by another Nixon millionaire friend, Robert Abplanalp. [Time, 5/6/1974]

Entity Tags: Office of Management and Budget, Edward Nixon, Donald Nixon, Charles ‘Bebe’ Rebozo, Herbert Kalmbach, Internal Revenue Service, Richard M. Nixon, Stanley Ebner, Richard Danner, Howard Hughes, Rose Mary Woods, Robert Abplanalp

Timeline Tags: Nixon and Watergate

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. [New York Times, 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.” [New York Times, 5/11/1973]

Entity Tags: Nixon administration, Central Intelligence Agency, Anthony Russo, Daniel Ellsberg, Morton H. Halperin, W. M. Byrne, Jr, US Department of Defense, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

’Newsweek’ cover on the revelation of the White House taping system.’Newsweek’ cover on the revelation of the White House taping system. [Source: Ideobook.net]White House aide Alexander Butterfield shocks the Senate Watergate Committee with his revelation of a secret recording system in the White House. Butterfield reveals that since 1971, President Nixon has been recording every conversation and telephone call in the Oval Office. [Gerald R. Ford Library and Museum, 7/3/2007] Butterfield is actually the aide who, at Nixon’s request, had the taping system installed. [Sussman, 1974] He is now the administrator of the Federal Aviation Administration.
Taping System Installed in 1970 at Nixon's Behest - Butterfield says the taping system was installed in the spring or summer of 1970, but corrects his testimony after committee chairman Sam Ervin reads him a letter from Nixon lawyer Fred Buzhardt stating that the first time the system was used was the spring of 1971; Butterfield then says the system was installed at that time (see February 1971). The system was installed and operated by Secret Service agents. Asked why Nixon would have such a system, Butterfield replies, perhaps ingenuously, “There was no doubt in my mind they were installed to record things for posterity, for the Nixon library.” Committee counsel Samuel Dash says the committee will request selected tapes to hear for themselves. Watergate prosecutor Archibald Cox is also expected to request some of the tapes. Dash acknowledges that two other Nixon aides, H. R. Haldeman and Lawrence Higby, were also asked about the existence of the taping system, but both have refused to confirm the existence of the device. [Washington Post, 7/17/1973] Secretary of State Henry Kissinger’s deputy, Alexander Haig, also knew of the taping system, but Kissinger himself did not know. Former White House counsel John Dean suspected that such a system existed. [Bernstein and Woodward, 1974, pp. 331]
'Small Fry' - Butterfield is described by one reporter as a “small fry,” the man responsible for keeping Nixon’s schedule and handling paper flow. On July 13, three committee staff members prepare Butterfield for his public testimony of July 16. They ask whether there is a White House recording system, but are not prepared for Butterfield’s answer, or the ramifications of his admission. Butterfield makes the same admission three days later, in open testimony before the committee and the television cameras, and in more detail. [Houston Chronicle, 6/7/1997] Butterfield explains his reluctance to discuss the recording system by saying, “It is very obvious that this could be—I cannot say that any longer—is embarrassing to our government.” [Washington Post, 7/17/1973]
No Longer Dean's Word Against Nixon's - During preparation, when the staff members ask Butterfield how the White House could have such detailed knowledge of the conversations, Butterfield replies: “I was hoping you guys wouldn’t ask me that.… Well, yes, there’s a recording system in the White House.” Nixon had had five voice-activated microphones placed in his desk in the Oval Office and two in wall lamps by the office fireplace, Butterfield reveals. More were in the Cabinet Room, Nixon’s “hideaway” office in the Old Executive Office Building, and even at Camp David, the presidential retreat. Before Butterfield’s testimony, Nixon and his top legal advisers felt they could duck and deny the worst charges against them. They feel that much of the Watergate imbroglio boils down to Nixon’s word against White House whistleblower John Dean (who had informed the committee that he suspected a recording system existed), and as Haig, who succeeded Haldeman as Nixon’s chief of staff, told Nixon: “Nobody in Congress likes [Dean]. We can take the son of a b_tch on.” Few in the White House know of Nixon’s secret and extensive taping system. Although senior Nixon aide H. R. Haldeman had told the few aides who do know of the system to invoke executive privilege and refuse to discuss it, Haig quietly told at least one aide, his former deputy Lawrence Higby, to “tell the truth” if asked under oath. Nixon’s lawyers had effectively rebutted Dean’s earlier testimony when Buzhardt secretly supplied a sympathetic Senate lawyer with highly detailed, nearly verbatim accounts of Nixon and Dean’s private conversations—accounts drawn from the secret tapes. Haig will later claim to be “shocked” at Butterfield’s revelation, saying, “It never occurred to me that anyone in his right mind would install anything so Orwellian as a system that never shut off, that preserved every word, every joke, every curse, every tantrum, every flight of presidential paranoia, every bit of flattery and bad advice and tattling by his advisers.” In reality, Haig had known of the system for months before Butterfield’s testimony, and had advised Nixon to have the tapes destroyed before the Watergate prosecutors could get their hands on them. [Washington Post, 7/17/1973; Werth, 2006, pp. 81-82] “Without the tapes,” reporter Mike Feinsilber will write in 1997, “it was unlikely Nixon would have had to give up the presidency.” [Houston Chronicle, 6/7/1997] Butterfield was considered so unimportant that, had Washington Post reporters Bob Woodward and Carl Bernstein not pressured committee lawyers to interview him, the committee may not have bothered with him. [Bernstein and Woodward, 1974, pp. 330-331]

Entity Tags: H.R. Haldeman, Mike Feinsilber, John Dean, Alexander M. Haig, Jr., Lawrence Higby, Alexander Butterfield, Fred Buzhardt, Senate Watergate Investigative Committee, Richard M. Nixon, Nixon administration

Timeline Tags: Nixon and Watergate

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Issuetsdeah

Timeline Tags: Civil Liberties, Nixon and Watergate

August 16, 1972 front page of the Washington Post, reporting on Nixon’s address.August 16, 1972 front page of the Washington Post, reporting on Nixon’s address. [Source: Southern Methodist University]President Nixon delivers his second prime-time televised speech about Watergate to the nation. He says that both the Senate investigations have focused more on trying to “implicate the president personally in the illegal activities that took place,” and reminds listeners that he has already taken “full responsibility” for the “abuses [that] occurred during my administration” (see April 30, 1973). But in light of the increasing evidence being revealed about the Watergate conspiracy, Nixon’s speech is later proven to be a compilation of lies, half-truths, justifications, and evasions.
'No Prior Knowledge' - He again insists that “I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent cover-up activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.” He says that in all the Senate testimony, “there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in.” He says only one witness has challenged his statement under oath, referring to former White House counsel John Dean (see April 6-20, 1973) and June 25-29, 1973), and says Dean’s “testimony has been contradicted by every other witness in a position to know the facts.” Instead, says Nixon, he insisted from the outset that the investigation into the Watergate burglary be “thorough and aboveboard,” and if there were any evidence of “higher involvement, we should get the facts out first.” A cover-up would be unconscionable, he says. He again insists that he was told in September 1972 that an FBI investigation, “the most extensive investigation since the assassination of President Kennedy… had established that only those seven (see June 17, 1972) were involved.” Throughout, Nixon says, he relied on the reports of his staff members, Justice Department, and FBI officials, who consistently reassured him that there was no involvement by anyone in the White House in the burglaries. “Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a cover-up. I was convinced there was no cover-up, because I was convinced that no one had anything to cover up.”
Internal Investigation - He didn’t realize that those assurances were wrong until March 21, when he “received new information from [Dean] that led me to conclude that the reports I had been getting for over nine months were not true.” He immediately launched an internal investigation (see August 29, 1972), initially relying on Dean to conduct the investigation, then turning the task over to his senior aide, John Ehrlichman, and to the Attorney General, Richard Kleindienst. The results prompted him to give the case to the Criminal Division of the Justice Department, ordering the complete cooperation of “all members of the administration.” He never tried to hide the facts, Nixon asserts, but instead has consistently tried “to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.”
Refusal to Turn over Tapes; 'Privileged' Communications - Nixon says he is resisting subpoenas to turn over the secret recordings he has had made of White House and other conversations (see July 13-16, 1973) because of “a much more important principle… than what the tapes might prove about Watergate.” A president must be able to talk “openly and candidly with his advisers about issues and individuals” without having those conversations ever made public. These are “privileged” conversations, he says, similar to those between a lawyer and his client or “a priest and a penitent.” The conversations between a president and his advisers, Nixon says, are “even more important.” The conversations on those tapes are “blunt and candid,” made without thought to any future public disclosure, and for future presidents and their advisers to know that their conversations and advice might one day be made public would cripple their ability to talk freely and offer unfettered opinions. “That is why I shall continue to oppose efforts which would set a precedent that would cripple all future presidents by inhibiting conversations between them and those they look to for advice,” he says. “This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle.”
'Hard and Tough' Politics - Watergate has come to encompass more than just a burglary, Nixon says, but has brought up issues of partisan politics, “enemy lists” (see June 27, 1973), and even threats to national security. Nixon has always run “hard and tough” political campaigns, but has never stepped outside the law and “the limits of decency” in doing so. “To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them,” he says. The “few overzealous people” involved in the Watergate burglary should not reflect on his administration or the political process as a whole. He will “ensure that one of the results of Watergate is a new level of political decency and integrity in America—in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.”
Legal Wiretapping to Protect the Nation - The measures he has taken to protect the security of the nation have all been within the law and with the intention of protecting the government from possible subversion and even overthrow, he asserts. The wiretaps he authorized had been legal, he says, until the 1972 decision by the Supreme Court that rejected such wiretaps as unlawful (see June 19, 1972). Until then, Nixon says, he—like his predecessors—had implemented such wiretaps “to protect the national security in the public interest.” Since the Supreme Court decision, he says, he has stopped all such surveillance efforts. But the law must be mindful of “tying the president’s hands in a way that would risk sacrificing our security, and with it all our liberties.” He will continue to “protect the security of this nation… by constitutional means, in ways that will not threaten [American] freedom.”
The Fault of the Radicals - He blames the antiwar and civil rights movements of the 1960s as encouraging “individuals and groups… to take the law into their own hands,” often with the praise and support from the media and even from “some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.” In the wake of this radical, anti-government atmosphere, the country was plagued by “a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.” That attitude permeated political campaigns, to the extent that “some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system… who mistakenly thought their cause justified their violations of the law.”
Looking Forward - It is time to put Watergate behind us, Nixon says, to abandon this “continued, backward-looking obsession with Watergate” and stop “neglect[ing] matters of far greater importance to all of the American people.… The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our nation.” [White House, 8/15/1973; White House, 8/15/1973; White House, 8/15/1973; AMDOCS Documents for the Study of American History, 6/1993; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: US Department of Justice, US Supreme Court, John Dean, Richard Kleindienst, Richard M. Nixon, Federal Bureau of Investigation, John Ehrlichman, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

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