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Context of 'December 18, 2005: Critics Say NSA Wiretapping Program 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

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

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 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

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

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 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)

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

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

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

An exhaustive study of the US’s involvement in Vietnam since 1945 is completed. The study was ordered in early 1967 by then-Defense Secretary Robert S. McNamara, partly to determine how the situation in Southeast Asia had gotten so out of hand. The study, entitled “United States-Vietnam Relations, 1945-1967,” is by the “Vietnam Study Task Force,” led by Leslie H. Gelb, the director of Policy Planning and Arms Control for International Security Affairs at the Pentagon, and comprised of 36 military personnel, historians, and defense analysts from the RAND Corporation and the Washington Institute for Defense Analysis. The study is huge, composed of 47 volumes and spanning 7,000 pages of material. It covers the time from 1945, when Vietnam was under French colonial rule, through the 1968 Tet Offensive. The study conclusively shows that each US administration, from Harry S. Truman through Lyndon B. Johnson, had knowingly and systematically deceived the American people over the US’s involvement and interventions in the region. Historian John Prados will later observe that the study, later dubbed the “Pentagon Papers” after it is leaked by RAND analyst and task force member Daniel Ellsberg (see September 29, 1969 and March 1971), represents “a body of authoritative information, of inside government deliberations that demonstrated, beyond questioning, the criticisms that antiwar activists had been making for years, not only were not wrong, but in fact, were not materially different from things that had been argued inside the US government.” [Moran, 2007]

Entity Tags: Leslie Gelb, Harry S. Truman, Daniel Ellsberg, John Prados, Vietnam Study Task Force, Washington Institute for Defense Analysis, RAND Corporation, Lyndon B. Johnson, US Department of Defense, Robert McNamara

Timeline Tags: Nixon and Watergate

Map showing the 115,273 targets bombed by US airstrikes between October 1965 and August 1973.Map showing the 115,273 targets bombed by US airstrikes between October 1965 and August 1973. [Source: Taylor Owen / History News Network]President Nixon and his National Security Adviser, Henry Kissinger, discuss North Vietnamese sanctuaries and supply routes in the neutral border country of Cambodia. General Creighton Abrams, the US military commander in South Vietnam, wants those sites bombed, regardless of the fact that military strikes against locations in a neutral country would be flagrant violations of international laws and treaties. Abrams has assured the White House that no Cambodian civilians live in those areas—a false assertion. Nixon orders Kissinger to come up with a plan for bombing Cambodia. Kissinger, his military aide Alexander Haig, and Nixon’s chief of staff H. R. Haldeman develop the basic plan in two days. The first wave of bombings will begin three weeks later (see March 15-17, 1969). Nixon’s secret bombings of Cambodia—dubbed “Operation Menu”—will trigger a wave of global denunciations, further energize the antiwar movement, and help precipitate the leak of the “Pentagon Papers” (see March 1971). [Reeves, 2001, pp. 48-49]

Entity Tags: Richard M. Nixon, Henry A. Kissinger, ’Operation Menu’, Alexander M. Haig, Jr., H.R. Haldeman, Creighton Abrams

Timeline Tags: Nixon and Watergate

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

Two National Security Council assistants, Richard Moose and Richard Sneider, are wiretapped by the FBI as part of President Nixon and Henry Kissinger’s attempt to seal media leaks (see May 1969). [Reeves, 2001, pp. 86]

Entity Tags: Richard Sneider, Richard Moose, Richard M. Nixon, Federal Bureau of Investigation, Henry A. Kissinger

Timeline Tags: Civil Liberties, Nixon and Watergate

The press reports an upcoming announcement of US troop withdrawals from Vietnam. President Nixon, convinced that the media leaks (see May 1969) are coming from the National Security Council, decides to stop holding NSC meetings entirely. Instead, he and National Security Adviser Henry Kissinger will decide national security matters between themselves, in secret. [Reeves, 2001, pp. 86]

Entity Tags: Henry A. Kissinger, National Security Council, Richard M. Nixon

Timeline Tags: Nixon and Watergate

The Army drops all charges against six Green Berets accused of murdering a South Vietnamese interpreter, Thai Khac Chuyen, accused of being a North Vietnamese collaborator. The Green Berets did indeed murder Chuyen and drop his body in the South China Sea. The CIA, irate at the murder, alerted senior military officials and the Army begins courts-martial proceedings against the six. However, the White House convinces CIA Director Richard Helms not to let any of his agents testify at the trials; without their testimony, the Secretary of the Army, Stanley Resor, decides that the trials cannot continue. White House press secretary Ron Ziegler solemnly informs reporters that “[t]he president had not involved himself either in the original decision to prosecute the men or in the decision to drop the charges against them.” The news horrifies RAND Corporation defense analyst Daniel Ellsberg. He is convinced that President Nixon and his aides were indeed involved in the decision to stop the CIA from testifying in the case. Ellsberg has long known of a secret document detailing the origins of the Vietnam War; one of only fifteen copies of that document resides in a RAND safe. Ellsberg calls his friend Anthony Russo and secures the use of a Xerox copying machine. The two begin secretly making their own copies of the document. When Ellsberg later leaks the document to the press, it becomes known as the “Pentagon Papers” (see March 1971). [Reeves, 2001, pp. 127-132]

Entity Tags: Nixon administration, Anthony Russo, Central Intelligence Agency, Daniel Ellsberg, US Department of the Army, Richard Helms, Thai Khac Chuyen, Stanley Resor, Ron Ziegler

Timeline Tags: 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

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

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

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

Nixon aide Charles Colson and Colson’s aide George Bell begin working on an “enemies list,” people and organizations the White House believes are inimical to President Nixon and his agenda (see June 27, 1973). The initial list includes a group of reporters who may have written favorably about Nixon and his actions in the past, but who cannot be trusted to continue, and a second group of reporters who are considered “definitely hostile.” A second list, from White House aide Tom Charles Huston, is staggeringly long, and includes, in historian Richard Reeves’s words, “most every man or woman who had ever said a discouraging word about Nixon.” A third list is made up of “enemy” organizations, including several left-of-center think tanks and foundations, the National Association for the Advancement of Colored People (NAACP), and the AFL-CIO. [Reeves, 2001, pp. 297-298]

Entity Tags: George Bell, AFL-CIO, Charles Colson, Tom Charles Huston, National Association for the Advancement of Colored People, Richard Reeves, Richard M. Nixon

Timeline Tags: Nixon and Watergate

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

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

Entity Tags: Hugh Sloan, Tony Ulasewicz, Frederick LaRue, ’Plumbers’, Committee to Re-elect the President, Democratic National Committee, G. Gordon Liddy

Timeline Tags: Civil Liberties, Nixon and Watergate, Elections Before 2000

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

Entity Tags: Richard M. Nixon, New York Times, Kennedy administration, Johnson administration, Washington Post, US Department of Defense

Timeline Tags: Nixon and Watergate

Dr. Marvin Goldberger.Dr. Marvin Goldberger. [Source: Teises Institutas]One consequence of the Pentagon Papers’ publication (see March 1971) is a heavy social and academic backlash against scientists on the Jason Project. The “Jasons,” as they are sometimes called, are mostly physicists and other “hard” scientists from various universities who have worked as ad hoc consultants to the Pentagon since the Soviets launched their Sputnik satellite in October 1958. Though most of the Jasons are strongly opposed to the Vietnam War, and the Pentagon documents tell of the Jasons’ ideas for “a real alternative to further escalation of the ineffective air war against North Vietnam,” the public focuses on the Jasons’ association with the government’s war effort. After the Papers’ publication, Mildred Goldberger, wife of scientist Marvin Goldberger, recalls that the Jasons’ “name was mud.” Jack Ruina, the head of the Pentagon’s Advanced Research Project Agency (ARPA), which often worked with some of the Jasons, says that the Jasons became “the devil” in many eyes. Some of the scientists are publicly labeled “war criminals” and “baby killers,” some have their offices burgled and their homes vandalized, and many face serious questions about their motives and commitment to pure, objective science. Some of the scientists repudiate the Jasons’ work on behalf of the war effort; longtime member Goldberger tells one group of demonstrators, “Jason made a terrible mistake. They should have told [former Defense Secretary Robert] McNamara to go to hell and not have become involved at all.” Others refuse to discuss Vietnam and their work with the Jason Project in their seminars and classes; one, Murray Gell-Mann, is forcibly removed from a Paris university lecture hall after refusing to defend his work with the Jasons to his audience. Physicist Charles Towne accuses the universities of curtailing the Jasons’ freedom of speech. Some of the scientists are falsely accused of helping produce plastic fragmentation bombs and laser-guided shells; some of them are compared to the Nazi scientists who developed nerve gas for use in the concentration camps. A November 1974 article in the Bulletin of the Atomic Scientists will sum up the debate: “The scientists became, to some extent, prisoners of the group they joined…. At what point should they have quit?” The decisions they faced were, the article will assert, “delicate and difficult.” [Finkbeiner, 2006, pp. 102-113]

Entity Tags: Murray Gell-Mann, Charles Towne, Defense Advanced Research Projects Agency, Jack Ruina, Jason Project, US Department of Defense, Marvin Goldberger, Robert McNamara, Mildred Goldberger

Timeline Tags: Nixon and Watergate

The New York Times publishes its third installment of the “Pentagon Papers” (see June 13, 1971 and June 14, 1971). A furious President Nixon demands an immediate court injunction to keep the paper from printing more excerpts. He orders: “I want to know who is behind this and I want the most complete investigation that can be conducted.… I don’t want excuses. I want results. I want it done, whatever the cost.” Secretary of State Henry Kissinger informs Nixon that he believes Daniel Ellsberg, who leaked the documents to the Times, is a “fanatic” and a “drug abuser.” Attorney General John Mitchell says that Ellsberg must be part of a communist “conspiracy” and suggests he be tried for treason. Nixon calls together a group of loyal White House aides to investigate Ellsberg’s leak of classified documents. The group will become known as the “plumbers” for their task to “plug the leaks” (see Late June-July 1971). Other undercover operators, including CIA agent E. Howard Hunt and G. Gordon Liddy, are recruited by White House special counsel Charles Colson. [Herda, 1994]

Entity Tags: Richard M. Nixon, New York Times, John Mitchell, David Young, Daniel Ellsberg, Henry A. Kissinger, Charles Colson, E. Howard Hunt, G. Gordon Liddy, ’Plumbers’, Egil Krogh, Central Intelligence Agency

Timeline Tags: Nixon and Watergate

A federal court, issuing a ruling in the case of New York Times Company v. United States (see June 15, 1971), refuses to order the Times to turn over its copy of the Pentagon Papers for government inspection, saying that it will not authorize a government fishing expedition into the files of any newspaper. [Herda, 1994] The court’s decision is overruled the next day, but by this point it is, for all intents and purposes, too late. The Washington Post prints its second installment and releases the article to the 341 newspapers that subscribe to its national news service. Within hours, newspapers across the country are publishing the Post excerpts. Daniel Ellsberg, who originally leaked the documents to the Times (see March 1971), is secretly traveling around the country, making the documents available to other news outlets. (Ellsberg is so successful at staying hidden that he is interviewed by CBS news anchor Walter Cronkite for a June 23 news special without the FBI being able to find him. Ellsberg will eventually surrender himself to the police (see June 28, 1971).) [Reeves, 2001, pp. 335-336]

Entity Tags: Walter Cronkite, CBS News, Washington Post, Daniel Ellsberg, New York Times, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Donald Segretti.Donald Segretti. [Source: Spartacus Educational]Three attorneys—one the assistant attorney general of Tennessee, Alex Shipley—are asked to work as so-called “agent provocateur” for the Campaign to Re-elect the President (CREEP), an organization working to re-elect President Nixon (see October 10, 1972). The three tell their story to Washington Post reporter Carl Bernstein in late September 1972, and Bernstein’s colleague Bob Woodward learns more from his FBI source, “Deep Throat,” days later (see October 7, 1972 and October 9, 1972). They all say they were asked to work to undermine the primary campaigns of Democratic presidential candidates by the same man, Donald Segretti, a former Treasury Department lawyer who lives in California. Segretti will later be identified as a CREEP official. Segretti, the attorneys will say, promises them “big jobs” in Washington after Nixon’s re-election (see November 7, 1972). All three says they rejected Segretti’s offers (see June 27-October 23, 1971). Segretti himself will deny the allegations, calling them “ridiculous.”
Part of a Larger Pattern? - Bernstein and Woodward connect the Segretti story to other Nixon campaign “dirty tricks” they are already aware of, including efforts by Watergate burglar James McCord (see June 19, 1972) to “investigate” reporter Jack Anderson, attempts by Watergate surveillance man Alfred Baldwin (see June 17, 1972) to infiltrate Vietnam Veterans Against the War, Watergate burglar E. Howard Hunt’s successful attempts to electronically “bug” Democratic campaign headquarters (see May 27-28, 1972) and his investigation of Democratic presidential candidate Edward Kennedy (see June 19, 1972), and McCord’s rental of an office next to the offices of Democratic presidential candidate Edmund Muskie. To the reporters, the Segretti story opens up speculation that the Nixon campaign had undertaken political espionage efforts long before the Watergate burglary. In their book All the President’s Men, Bernstein and Woodward write, “Watergate could have been scheduled before the president’s re-election chances looked so good and perhaps someone had neglected to pull the plug.” Bernstein has heard of CIA operations such as this mounted against foreign governments, called “black operations,” but sometimes more colloquially called “mindf_cking.” [Bernstein and Woodward, 1974, pp. 114-115]
Segretti a 'Small Fish in a Big Pond' - An FBI official investigating CREEP’s illegal activities will call Segretti “a small fish in a big pond,” and will say that at least 50 undercover Nixon operatives have worked around the country to disrupt and spy on Democratic campaigns. The political intelligence and sabotage operation is called the “offensive security” program both by White House and CREEP officials. FBI investigators will find that many of the acts of political espionage and sabotage conducted by Segretti and his colleagues are traced to this “offensive security” program, which was conceived and directed in the White House and by senior CREEP officials, and funded by the secret “slush fund” directed by CREEP finance manager Maurice Stans (see September 29, 1972). FBI officials will refuse to directly discuss Segretti’s actions, saying that he is part of the Watergate investigation (see 2:30 a.m.June 17, 1972), but one FBI official angrily calls Segretti’s actions “indescribable.”
White House Connections Confirmed - In mid-October 1972, the Washington Post will identify Dwight Chapin, President Nixon’s appointments secretary, as the person who hired Segretti and received reports of his campaign activities. Segretti’s other contact is Hunt. Segretti also received at least $35,000 in pay for his activities by Nixon’s personal lawyer, Herbert Kalmbach. [Washington Post, 1/31/1973]

Entity Tags: Donald Segretti, Alex Shipley, Bob Woodward, Carl Bernstein, Herbert Kalmbach, Richard M. Nixon, E. Howard Hunt, US Department of the Treasury, Dwight Chapin, Campaign to Re-elect the President

Timeline Tags: Nixon and Watergate, Elections Before 2000

Daniel Ellsberg.Daniel Ellsberg. [Source: PBS / Corbis]The source of the Pentagon Papers leak, former defense consultant Daniel Ellsberg (see March 1971), surrenders to police. He is indicted for theft, conspiracy, and espionage. [National Security Archives, 6/29/2001; Online Highways, 8/18/2007] Almost two years later, all the charges against Ellsberg will be dismissed because of government misconduct (see May 11, 1973).

Entity Tags: Daniel Ellsberg

Timeline Tags: Nixon and Watergate

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

July 1, 1971: Felt Becomes #3 FBI Official

FBI Director J. Edgar Hoover promotes W. Mark Felt to be the #3 official in the bureau. Though Hoover’s longtime assistant and confidante Clyde Tolson is putatively the #2 man at the bureau, Tolson is seriously ill and does not often come to work, so Felt essentially becomes the FBI’s deputy director, in charge of day-to-day operations. Felt has access to virtually every piece of information the FBI possesses. Felt will become the celebrated “Deep Throat,” Washington Post reporter Bob Woodward’s inside source for the Watergate investigations (see May 31, 2005). [Woodward, 2005, pp. 35]

Entity Tags: Bob Woodward, Clyde Tolson, Federal Bureau of Investigation, J. Edgar Hoover, W. Mark Felt

Timeline Tags: Nixon and Watergate

Nixon aide John Ehrlichman reports that he has successfully created the special investigations unit ordered by the president (see Late June-July 1971). His first choice to head the unit, speechwriter Pat Buchanan, refused the position. Ehrlichman rejected fellow aide Charles Colson’s own choice, retired CIA agent E. Howard Hunt, who has recently joined the White House staff (see July 7, 1971). Ehrlichman turned to his own protege, Egil “Bud” Krogh, and David Young, a former assistant to National Security Adviser Henry Kissinger, to head the unit. Young gives the unit its nickname of “Plumbers” after he hangs a sign on his office door reading, “D. YOUNG—PLUMBER.” Their first hire is former FBI agent and county prosecutor G. Gordon Liddy, a reputed “wild man” currently being pushed out of the Treasury Department for his strident opposition to the administration’s gun control policies. [Reeves, 2001, pp. 348-349]

Entity Tags: Egil Krogh, Charles Colson, David Young, G. Gordon Liddy, E. Howard Hunt, Patrick Buchanan, John Ehrlichman, US Department of the Treasury

Timeline Tags: Nixon and Watergate

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

Entity Tags: David Young, Daniel Ellsberg, Richard M. Nixon, Lewis Fielding, John Ehrlichman, Egil Krogh

Timeline Tags: Nixon and Watergate

Jack Caulfield’s White House ID card.Jack Caulfield’s White House ID card. [Source: Watergate.com]A staff aide to President Nixon, former New York City police detective Jack Caulfield, develops a broad plan for launching an intelligence operation against the Democrats for the 1972 re-election campaign, “Operation Sandwedge.” The original proposal, as Caulfield will later recall, is a 12-page document detailing what would be required to create an “accurate, intelligence-assessment capability” against not just the Democrats but “also to ensure that the then powerful anti-war movement did not destroy Nixon’s public campaign, as had been done to Hubert Humphrey in 1968” (see November 5, 1968). Sandwedge is created in anticipation of the Democrats mounting their own political espionage efforts, which Caulfield and other Nixon aides believe will use a private investigations firm, Intertel, headed by former Justice Department officials loyal to former Attorney General Robert F. Kennedy. Caulfield will later recall, “Intertel represented, in my opinion, the potential for both formidable and sophisticated intelligence opposition tactics in that upcoming election campaign.” Sandwedge is turned down by senior White House aides in favor of the “Special Investigation Unit” (see March 20, 1971 and September 29, 1972) headed by G. Gordon Liddy. Caulfield resigns from the White House shortly thereafter. He will later call the decision not to implement “Sandwedge” a “monumental” error that “rapidly created the catastrophic path leading directly to the Watergate complex—and the president’s eventual resignation.” Caulfield has little faith in Liddy, considering him an amateurish blowhard with no real experience in intelligence or security matters; when White House counsel John Dean asks him for his assessment of Liddy’s ability to run such an operation, he snaps, “John, you g_ddamn well better have him closely supervised” and walks out of Dean’s office. Caulfield later writes, “I, therefore, unequivocally contend that had there been ‘Sandwedge’ there would have been no Liddy, no Hunt, no McCord, no Cubans (see 2:30 a.m.June 17, 1972) and, critically, since I had personally decided to negate, while still on the White House staff, a developing intelligence interest by Dean in the Watergate’s Democratic National Committee offices, seven months prior to the break-in! NO WATERGATE!” [John J. 'Jack' Caulfield, 2006; Spartacus Schoolnet, 8/2007]

Entity Tags: Robert F. Kennedy, John J. ‘Jack’ Caulfield, Hubert H. Humphrey, John Dean, G. Gordon Liddy, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate, Elections Before 2000

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

Entity Tags: Richard M. Nixon, John Ehrlichman, Egil Krogh, Lewis Fielding, Daniel Ellsberg

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

President 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

President Nixon learns of a Defense Department spy operation within the White House. Charles Radford, a Navy stenographer assigned to Secretary of State Henry Kissinger, confesses that for over a year he has rifled through burn bags, interoffice envelopes, and even inside Kissinger’s personal briefcase, and passed thousands of secret documents to his Pentagon bosses. The espionage is explained by Admiral Elmo Zumwalt, Chief of Naval Operations, who describes the “deliberate, systematic, and, unfortunately, successful efforts of the president, Henry Kissinger, and a few subordinate members of their inner circle to conceal, sometimes by simple silence, more often by articulate deceit, their real policies about the most critical matters of national security.” Nixon is initially furious about the spy operation, pounding the table and threatening to to prosecute Joint Chiefs Chairman Admiral Thomas Moorer and others. Nixon is especially suspicious of Kissinger’s military aide, Colonel Alexander Haig, who “must have known about the operation,” Nixon asserts. But two days later, Nixon backs off, deciding not to bring public charges against Moorer, and to leave Haig as a bridge to the Pentagon and a force to keep Kissinger in check. “We’re going to handle the chiefs… through Haig,” Nixon says. As for Moorer, Nixon quietly lets Moorer know that he is aware of the operation, which is an unprecedented case of espionage against the civilian government during wartime and an eminently prosecutable offense. He does not fire Moorer; instead, he tells his aide John Ehrlichman, “Moorer’s our man now.” Kissinger’s own fury at Moorer’s retention achieves nothing. In total, the episode deepens the rift and mistrust between Nixon and the men running his national security apparatus. [Werth, 2006, pp. 175-176]

Entity Tags: Richard M. Nixon, Alexander M. Haig, Jr., Charles Radford, John Ehrlichman, Elmo Zumwalt, Henry A. Kissinger, Thomas Moorer, US Department of Defense

Timeline Tags: US Military, 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

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

Shortly after syndicated columnist Jack Anderson reveals the existence of a memo that shows criminal collusion between the Republican Party, ITT, and the Justice Department (see February 22, 1972), CIA and White House agent E. Howard Hunt visits the author of the memo, ITT lobbyist Dita Beard, to persuade her to say publicly that the memo is a forgery, or to disavow it. Beard is currently in hospital, perhaps to treat mental and physical exhaustion and perhaps to keep her away from the press. To conceal his identity during the visit, Hunt wears an ill-fitting red wig similar to one he will have in his possession during the planning for the Watergate burglary (see 2:30 a.m.June 17, 1972). [The People's Almanac, 1981; Woodward, 2005, pp. 8-39] A Justice Department official will discuss Hunt’s visit to Beard with Washington Post reporter Bob Woodward in February 1973, and tell Woodward that White House aide Charles Colson sent Hunt on the mission to convince Beard to disavow the memo. The official, reading from FBI files, will tell Woodward that Colson’s testimony to the FBI was done in his office to spare him the embarrassment of having to testify before the grand jury. The FBI did not ask Colson why he sent Hunt to pressure Beard. [Bernstein and Woodward, 1974, pp. 255] On March 21, Beard will deny ever writing the memo, saying, “I did not prepare it and could not have.” Beard’s belated denial, and ITT’s quick shredding of incriminating documents referencing the connections between the antitrust deal and the convention, will partially defuse the potential scandal. The FBI will publicly claim that the memo is most likely authentic despite pressure from the Nixon White House (see March 10-23, 1972). [The People's Almanac, 1981; Woodward, 2005, pp. 8-39]

Entity Tags: Dita Beard, Charles Colson, International Telephone and Telegraph, Jack Anderson, Republican National Committee, E. Howard Hunt

Timeline Tags: Nixon and Watergate

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

Entity Tags: Jeb S. Magruder, Federal Bureau of Investigation, Committee to Re-elect the President, G. Gordon Liddy, H.R. Haldeman, Lawrence O’Brien, Richard M. Nixon, John Mitchell

Timeline Tags: Civil Liberties, Nixon and Watergate

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

Entity Tags: Frank Sturgis, Democratic National Committee, Central Intelligence Agency, Bernard Barker, ’Plumbers’, E. Howard Hunt, Fidel Alejandro Castro Ruz, George S. McGovern, James McCord, G. Gordon Liddy, Virgilio Gonzalez, Eugenio Martinez

Timeline Tags: Nixon and Watergate

Maurice Stans.Maurice Stans. [Source: Southern Methodist University]In a last campaign fundraising swing before April 7, when the new campaign finance laws go into effect, Maurice Stans, the financial chief for the Committee to Re-elect the President (CREEP), launches a final fundraising swing across the Southwest on behalf of Richard Nixon. Stans solicits contributions from Republicans and Democrats alike, and tells reluctant contributors that if they do not want their donations traced back to them, their anonymity can be ensured by moving their contributions through Mexican banks. Mexico does not allow the US to subpoena its bank records.
Laundering - “It’s called ‘laundering,’” Miami investigator Martin Dardis later tells Washington Post reporter Carl Bernstein on August 26, 1972. “You set up a money chain that makes it impossible to trace the source. The Mafia does it all the time. So does Nixon.… This guy Stans set up the whole thing. It was Stans’s idea.… Stans didn’t want any way they could trace where the money was coming from.” The same money-laundering system allows CREEP to receive illegal contributions from corporations, which are forbidden by law to contribute to political campaigns. Business executives, labor leaders, special-interest groups, even Las Vegas casinos can donate through the system. Stans uses a bank in Mexico City, the Banco Internacional; lawyer Manuel Ogarrio Daguerre handles the transactions. Stans keeps the only records.
Confirmed by Lawyer - Lawyer Robert Haynes confirms the setup for Bernstein, and says breezily: “Sh_t, Stans has been running this operation for years with Nixon. Nothing really wrong with it. That’s how you give your tithe.” Haynes calls the fundraising trip “Stans’s shakedown cruise.” Stans uses a combination of promises of easy access to the White House and veiled threats of government retaliation to squeeze huge donations out of various executives; Haynes says: “If a guy pleaded broke, [Stans] would get him to turn over stock in his company or some other stock. He was talking 10 percent, saying it was worth 10 percent of some big businessman’s income to keep Richard Nixon in Washington and be able to stay in touch.” Haynes represents Robert Allen, who runs the Nixon campaign’s Texas branch; Allen is merely a conduit for the illegal campaign monies. It is from the Banco Internacional account that Watergate burglar Bernard Barker is paid $89,000 (see April-June 1972) and the “Dahlberg check” of $25,000 (see August 1-2, 1972). [Bernstein and Woodward, 1974, pp. 54-56]

Entity Tags: Robert Allen, Committee to Re-elect the President, Carl Bernstein, Manuel Ogarrio Daguerre, Richard M. Nixon, Martin Dardis, Robert Haynes, Maurice Stans

Timeline Tags: Nixon and Watergate, Elections Before 2000

May 3, 1972: Gray Named FBI Director

L. Patrick Gray.L. Patrick Gray. [Source: Associated Press]L. Patrick Gray, an assistant attorney general in the Justice Department, is named the acting director of the FBI by President Nixon. [Federal Bureau of Investigation, 2007] Gray, a Navy veteran and a “straight arrow” who neither smokes nor drinks, hires the first female FBI agents and relaxes the rigid agency dress code. He has a long relationship with Nixon, and worked on Nixon’s staff in the late 1950s when Nixon was vice president. Considered an outsider by many FBI officials, his naming to the post particularly infuriates deputy director W. Mark Felt, who believes he should have been given the post. Felt, who becomes the celebrated Watergate source “Deep Throat” (see May 31, 2005), may have decided to leak Watergate-related information in part because of his dislike for Gray and his resentment at not becoming director. [New York Times, 7/7/2005]

Entity Tags: W. Mark Felt, Richard M. Nixon, L. Patrick Gray, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Arthur Bremer being restrained after shooting George Wallace.Arthur Bremer being restrained after shooting George Wallace. [Source: Kansas City Star]Around 4 p.m, gunman Arthur Bremer shoots Alabama Governor George Wallace in a Maryland shopping center. Wallace, mounting a third-party bid for the presidency, survives the shooting, but is crippled for life. He is also essentially out of the race. The political ramifications are powerful: Wallace, a segregationist Democrat, is doing well in many Southern states. With Wallace out of the picture, his voters will almost uniformly go to Richard Nixon, and whatever threadbare chance of victory Democratic candidate George McGovern has of defeating Nixon is over.
Lone Gunman - There is no evidence to connect Nixon or the GOP with Bremer—all evidence will show that Bremer is a classic “lone gunman” who stalked several presidential candidates before gunning down Wallace—but Nixon and his campaign officials know that even a hint of a connection between the Nixon campaign and Bremer would be politically devastating.
Break-in - On the night of the shooting, Nixon aide Charles Colson orders campaign operative E. Howard Hunt (see 2:30 a.m.June 17, 1972) to break into Bremer’s Milwaukee apartment to discover if Bremer had any political connections (hopefully Democratic or liberal connections, though none are ascertained). [Woodward, 2005, pp. 47-50] Interestingly, by 6:30 p.m., White House communications official Ken Clawson calls the Washington Post to announce that “left-wing” literature had been found in Bremer’s apartment, and that Bremer may have been associated with the presidential campaign of George McGovern. No such evidence is found. Colson tells reporters that Bremer is a dues-paying member of the Young Democrats of Milwaukee, a lie that makes it into several newspapers. Post editor Howard Simons will consider the idea that Wallace was assassinated on the orders of the White House—“the ultimate dirty trick”—but no evidence of that connection ever surfaces. [Bernstein and Woodward, 1974, pp. 326; Reeves, 2001, pp. 480]
FBI Leaves Apartment - Hunt will claim in his autobiography, Undercover, that he refused the order to burglarize Bremer’s apartment. The FBI finds both left-wing and right-wing literature in Bremer’s apartment, as well as a diary whose opening line is, “Now I start my diary of my personal plot to kill by pistol either Richard Nixon or George Wallace.” Local reporters will later claim that the FBI leaves Bremer’s apartment for about 90 minutes, during which time reporters and other unidentified figures are able to spirit away papers and other materials. It is not clear whether Hunt is one of those “unidentified figures.” [Spartacus Schoolnet, 8/2007]
Deep Throat - Top FBI official W. Mark Felt provides useful information for Washington Post reporter Bob Woodward’s profile of Bremer, operating as a “deep background” source. It is the first time Felt, who will become Woodward’s “Deep Throat” Watergate source (see May 31, 2005), gives important information to Woodward. [Woodward, 2005, pp. 47-50]

Entity Tags: Richard M. Nixon, Howard Simons, W. Mark Felt, George S. McGovern, Ken Clawson, E. Howard Hunt, Arthur Bremer, Bob Woodward, Charles Colson, George C. Wallace

Timeline Tags: Nixon and Watergate, Elections Before 2000

Watergate burglars E. Howard Hunt and Virgilio Gonzales (see 2:30 a.m.June 17, 1972) attempt to break in to the Democratic National Committee’s offices in the Watergate office complex, but are unsuccessful. Two days later, Hunt’s team attempts another break-in but is again unsuccessful. The team will be successful in the early morning hours of May 28 (see May 27-28, 1972). [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: Democratic National Committee, Virgilio Gonzales, E. Howard Hunt

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

Frank Sturgis, one of the Watergate burglars.Frank Sturgis, one of the Watergate burglars. [Source: Bettmann / Corbis]A covert unit of President Nixon’s “Plumbers” installs surveillance equipment in the headquarters of the Democratic National Committee in Washington’s Watergate hotel and office complex. The Washington police report an attempt to unscrew a lock on the door of the Committee’s office between 11 p.m. and 8 a.m., but do not know as yet who tried to force the lock. Some of the five men caught burglarizing the same offices six weeks later (see 2:30 a.m.June 17, 1972) are currently registered at the Watergate Hotel, according to subsequent police investigations. [Washington Post, 6/18/1972; Gerald R. Ford Library and Museum, 7/3/2007]
Change of Plans - According to one of the burglary team (see April-June 1972), Eugenio Martinez, the original plan centers on a fake “banquet” in the Watergate hotel for their fake company, the Ameritus Corporation, to be held in a private dining room that has access to the elevators. While team leader and White House aide E. Howard Hunt hosts the banquet, Martinez and the other burglars will use the elevator to go to the DNC offices and “complete the mission.” Virgilio Gonzalez, a locksmith, will open the door; Frank Sturgis, Reinaldo Pico, and Felipe de Diego will act as lookouts; Bernard Barker will get the documents; Martinez will take photographs; and James McCord will “do his job,” apparently involving electronics that Martinez does not understand.
First Time Failure - Apparently they do not follow their plan. Instead, Hunt and the seven members of what Martinez calls “McCord’s army” enter the Watergate complex at midnight, and they enter and sign in under the eye of a policeman. McCord explains that they are all going to work at the Federal Reserve offices on the eighth floor, an explanation Martinez feels is shaky. They are unable to get in through the doors of the sixth floor, and are forced to cancel the operation. Martinez recalls that while the others attempt to get in to the sixth floor, McCord is busy doing something else on the eighth floor; at 2 a.m., he sees McCord on the eighth floor talking to two guards. What McCord is doing, Martinez does not know. “I did not ask questions, but I thought maybe McCord was working there,” he will later recall. “It was the only thing that made sense. He was the one who led us to the place and it would not have made sense for us to have rooms at the Watergate and go on this operation if there was not someone there on the inside.” Hunt is furious at the failure to get into the DNC offices, and reschedules the operation for the next night. Gonzales flies to Miami and brings back his entire set of lockpicking tools. Martinez questions the laxity of the plan—the lack of floor plans, information about the elevators, knowledge of the guards’ schedules, and no contingency plans for failure. Hunt tells him, through Barker: “You are an operative. Your mission is to do what you are told and not to ask questions.”
Success - The second try is successful. Gonzalez and Sturgis get through the doors and usher everyone in, with one of them calling over their walkie-talkie, “The horse is in the house.” Martinez recalls taking “thirty or forty” photographs of campaign contributor documents, and McCord plants three phone taps, telling the others that while the first two might be discovered, the third will not. They return to their hotel rooms about 5 a.m. [Harper's, 10/1974]

Entity Tags: Reinaldo Pico, US Federal Reserve, Richard M. Nixon, Felipe de Diego, Democratic National Committee, Bernard Barker, ’Plumbers’, Frank Sturgis, James McCord, E. Howard Hunt, Eugenio Martinez

Timeline Tags: Civil Liberties, Nixon and Watergate, Elections Before 2000

Alfred Baldwin.Alfred Baldwin. [Source: Spartacus Educational]After the “Plumbers” successfully install surveillance devices in the Watergate offices of the Democratic National Committee (see May 27-28, 1972), one of their associates, Alfred Baldwin—also an employee of the Nixon campaign—begins monitoring spoken and telephone conversations taking place inside the Democrats’ offices. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: Alfred Baldwin, Democratic National Committee, ’Plumbers’, Committee to Re-elect the President

Timeline Tags: Civil Liberties, Nixon and Watergate

June 7, 1972: DNC Office Safe Burglarized

A safe is burglarized at the headquarters of the Democratic National Committee (DNC) in the Watergate hotel and office complex. $100 in cash and checks is stolen. After five men are caught burglarizing the DNC offices ten days later (see 2:30 a.m.June 17, 1972), police will speculate that the burglary and the robbery of the safe may be connected. [Washington Post, 6/18/1972]

Entity Tags: Democratic National Committee

Timeline Tags: Nixon and Watergate

According to later testimony to Watergate investigators, the deputy director of the Committee to Re-elect the President (CREEP), Jeb Magruder, delivers the logs of the wiretaps being secretly conducted on the Democrats by the “Plumbers” (see May 27-28, 1972 and May 29, 1972) to CREEP chairman John Mitchell. The wiretaps are code-named “Gemstone” (see September 29, 1972). Magruder also delivers photos taken inside the Democrats’ headquarters to Mitchell. Mitchell will deny ever receiving any of this material. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: ’Plumbers’, John Mitchell, Jeb S. Magruder, Committee to Re-elect the President

Timeline Tags: Nixon and Watergate

Mug shot of Bernard Barker.Mug shot of Bernard Barker. [Source: Bettmann / Corbis]About two weeks after the burglary of the offices of the Democratic National Committee (DNC) headquarters (see May 27-28, 1972), burglar Eugenio Martinez is startled when fellow burglar Bernard Barker bursts into his Miami real estate office. Martinez is talking with fellow burglars Felipe de Diego and Frank Sturgis when Barker comes in, according to Martinez, “like a cyclone.” Team leader E. Howard Hunt had been in Miami and given Barker some film to develop. The film was shot during the burglary of the DNC offices. Barker, unaware of the film’s source, took it to a public business, Rich’s Camera Shop, to have it developed. Barker wants everyone to go with him to retrieve the film. Martinez and the others “cover the door,” as Martinez later recalls, while Barker is inside the shop. “I do not think he handled the situation very well,” Martinez will recall. “There were all these people and he was so excited. He ended up tipping the man at the store $20 or $30. The man had just enlarged the pictures showing the documents being held by a gloved hand and he said to Barker: ‘It’s real cloak-and-dagger stuff, isn’t it?’ Later that man went to the FBI and told them about the film.” Martinez is angered by the amateurishness of the operation, but does not feel he can confront Barker, his close friend, on the issue. Barker is “just blind” about Hunt, Martinez recalls, and does not see how poorly the plans are going. Barker has been Hunt’s “principal assistant at the Bay of Pigs, [Hunt’s] liaison with the Cubans, and he still believed tremendously in the man.” Martinez decides to quit, but before he can do so, Barker tells Martinez that there is another Watergate operation in the works. Not wanting to jeopardize the new operation, he agrees to go on one “last mission.” [Harper's, 10/1974]

Entity Tags: Rich’s Camera Shop, Democratic National Committee, Bernard Barker, Frank Sturgis, Eugenio Martinez, Felipe de Diego, E. Howard Hunt

Timeline Tags: Nixon and Watergate

Prosecutor Earl Silbert.Prosecutor Earl Silbert. [Source: Washington Post]The five men caught burglarizing the Democratic National Committee’s headquarters in the Watergate hotel (see 2:30 a.m.June 17, 1972) are arraigned in a Washington, DC, city court on charges of felony burglary and possession of implements of crime. All five originally gave the police false names. [Washington Post, 6/18/1972] The real identities of the five are:
bullet Bernard Barker of Miami, a Cuban-American whom Cuban exiles say has worked on and off for the CIA since the 1961 Bay of Pigs invasion. Barker was one of the principal leaders of the Cuban Revolutionary Council, the exile organization established with CIA help to organize the Bay of Pigs invasion. Barker’s wife reportedly told attorney Douglas Caddy, one of the team’s lawyers, that, as Caddy says, “her husband told her to call me if he hadn’t called her by 3 a.m.: that it might mean he was in trouble.” [Washington Post, 6/18/1972; Washington Post, 6/19/1972] Barker owns a Miami real estate firm, Barker & Associates. [O.T. Jacobson, 7/5/1974 pdf file]
bullet Virgilio Gonzalez, a Miami locksmith of Cuban extraction. Gonzalez’s boss, Harry Collot, says Gonzalez came to the US about the time Fidel Castro became well-known, and is an ardent opponent of the Castro regime. Collot describes Gonzalez as “pro-American and anti-Castro… he doesn’t rant or rave like some of them do.”
bullet Eugenio Martinez, a real estate agent from Miami, who authorities say is active in anti-Castro activities in Florida, and violated US immigration laws in 1958 by flying a private plane to Cuba.
bullet James W. McCord, the security director for the Committee for the Re-election of the President (CREEP). McCord initially identifies himself as “Edward Martin,” a former CIA agent and “security consultant” who resides in New York City and possibly the DC area. Neither the police or the press are aware, at the moment, of McCord’s true identity (see June 19, 1972).
bullet Frank Sturgis, a former Cuban army intelligence officer, mercenary, and now the agent for a Havana salvage firm in Miami. Sturgis uses the alias “Frank Florini” during the arraignment. “Fiorini” was identified in 1959 by the Federal Aviation Agency as the pilot of a plane that dropped anti-Castro leaflets over Havana. Previous news reports describe “Fiorini” as a “soldier of fortune” and the former head of the International Anti-Communist Brigade, an organization formed after the disastrous Bay of Pigs invasion of 1962. The Brigade trained and ferried 23 Cuban exiles into Cuba, where they began guerrilla operations against Castro. “Florini” reportedly fought with, not against, Castro during the Cuban revolution and was originally slated to be named overseer of Cuba’s gambling operations before Castro shut down Cuba’s casinos. Apparently, Sturgis is involved in trying to orchestrate Miami Cubans to demonstrate against the Democratic National Convention, to be held in Miami in July. Sturgis is also involved in the John Birch Society and the Reverend Billy James Hargis’s Christian Crusade.
During their arraignment, one of the burglars describes the team as “anti-Communists,” and the others nod in agreement. Prosecutor Earl Silbert calls the operation “professional” and “clandestine.” The court learns that four of the five, all using fictitious names, rented two rooms at the Watergate, and dined together in the Watergate restaurant on February 14. A search of the two rooms turns up $4,200, again in sequential $100 bills, more burglary tools, and more electronic surveillance equipment, all stashed in six suitcases. Currently, FBI and Secret Service agents are investigating the burglary. Caddy, who says he met Barker a year ago at the Army Navy Club and had a “sympathetic conversation [with Barker]—that’s all I’ll say,” attempts to stay in the background during the arraignment, instead having another attorney, Joseph Rafferty Jr, plead before the court. Caddy is a corporate lawyer with no criminal law experience. [Washington Post, 6/18/1972; Washington Post, 6/19/1972] Interestingly, Caddy shows up at the arraignment apparently without any of the burglars contacting him (see June 17, 1972). [Woodward, 2005, pp. 35] Silbert argues unsuccessfully that the five should be held without bail, citing their use of fictitious names, their lack of community ties, and the likelihood that they would flee the country after they post bail. “They were caught red-handed,” Silbert tells the court. [Washington Post, 6/18/1972; Washington Post, 6/19/1972]

Entity Tags: Harry Collot, US Secret Service, James McCord, Joseph Rafferty, Jr, Frank Sturgis, Earl Silbert, Eugenio Martinez, ’Plumbers’, Bernard Barker, Federal Bureau of Investigation, Central Intelligence Agency, Democratic National Committee, Douglas Caddy, Committee to Re-elect the President, Virgilio Gonzalez

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate, Elections Before 2000

Washington Post reporter Bob Woodward learns that two of the Watergate burglars (see 2:30 a.m.June 17, 1972) have the name “E. Howard Hunt” in their address books, both with notations that indicate Hunt has a post at the White House. Woodward contacts his FBI source, W. Mark Felt—later known as “Deep Throat” (see May 31, 2005)—and asks Felt the first of many Watergate-related questions. Felt is reticent, merely telling Woodward that the burglary will “heat up” before hanging up on Woodward. Unsure what to do next, Woodward calls the White House and asks for Hunt. When no one answers Hunt’s office phone, the White House operator suggests that Hunt may be in the office of Charles Colson, the special counsel to President Nixon. Colson’s office gives Woodward the number of the Mullen Company, a public relations firm for which Hunt writes (Mullen is a possible CIA front company—see June 17, 1972). Woodward calls Hunt there, and when Hunt answers, asks him why his name is in the address book of two of the Watergate burglars. “Good God!” Hunt shouts, then says he has no comment, and slams down the phone. Within hours, Hunt will go into hiding. White House communications official Ken Clawson tells Woodward that Hunt worked with the White House in declassifying the Pentagon Papers (see March 1971), and, more recently, on a narcotics enforcement project. Clawson then puzzles Woodward by making the following unsolicited statement: “I’ve looked into the matter very thoroughly, and I am convinced that neither Mr. Colson nor anyone else at the White House had any knowledge of, or participation in, this deplorable incident at the Democratic National Committee.” Woodward soon learns that Hunt was a CIA agent between 1949 and 1970. Woodward again calls Felt, who guardedly tells him that Hunt is connected to the burglaries by far more than mere address books. Felt does not tell Woodward that he has already reviewed Hunt’s White House personnel file, and found that Hunt worked over 600 hours for Colson in less than a year. [Bernstein and Woodward, 1974, pp. 24-25; Woodward, 2005, pp. 56-58]

Entity Tags: W. Mark Felt, Bob Woodward, Charles Colson, Mullen Company, Democratic National Committee, Ken Clawson, E. Howard Hunt

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

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

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

Timeline Tags: Nixon and Watergate

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

Martha Mitchell.Martha Mitchell. [Source: Bettmann / Corbis]Martha Mitchell, the wife of Nixon campaign director John Mitchell, makes an unexpected phone call to UPI reporter Helen Thomas. Mrs. Mitchell is initially calm and even a bit sad, but when Thomas brings up the subject of Watergate, Mrs. Mitchell becomes agitated. She is “sick of the whole business,” she says, and adds: “I’ve given John an ultimatum. I’m going to leave him unless he gets out of the campaign. I’m sick and tired of politics. Politics is a dirty business.” [Thomas, 1999, pp. 210-211] Suddenly she screams, “You just get away—get away!” and the line goes dead. [Reeves, 2001, pp. 508] Three days later she calls Thomas again and asserts that she is a political prisoner in her own home. “I’m not going to stand for all of those dirty things that go on,” she shouts. “If you could see me, you wouldn’t believe it. I’m black and blue.” Washington Post reporter Bob Woodward believes that Mrs. Mitchell might be an unexpected fount of information about her husband’s inner dealings in the Watergate conspiracy, but when he interviews her in September, she will reveal nothing of import. [Bernstein and Woodward, 1974, pp. 92-95] In October 1972, W. Mark Felt, Washington Post reporter Bob Woodward’s FBI background source (see May 31, 2005), says of Mrs. Mitchell, “She knows nothing, apparently, but that doesn’t mean she won’t talk.” [Bernstein and Woodward, 1974, pp. 133]

Entity Tags: Martha Mitchell, W. Mark Felt, Helen Thomas, John Mitchell, Bob Woodward

Timeline Tags: Nixon and Watergate

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

Alfred Baldwin, a former FBI agent now working for the Campaign to Re-elect the President (CREEP) and the man who spent almost three weeks listening to the electronic surveillance devices monitoring the Democratic National Committee headquarters (see May 27-28, 1972 and June 17, 1972), agrees to cooperate with the government’s investigation of the Watergate burglary in order to avoid jail time. The FBI quickly learned of Baldwin’s involvement through examination of telephone logs of Baldwin’s calls during his monitoring of the DNC, and is ready to charge him for his participation in the DNC surveillance. Baldwin will identify E. Howard Hunt and G. Gordon Liddy as the two Nixon campaign aides involved in the burglary. In October 1972, the Los Angeles Times will publish an extensive interview with Baldwin which makes much of his FBI testimony public knowledge. [Spartacus Schoolnet, 8/2007]

Entity Tags: G. Gordon Liddy, Alfred Baldwin, Federal Bureau of Investigation, Campaign to Re-elect the President, E. Howard Hunt, Democratic National Committee

Timeline Tags: Nixon and Watergate

Vernon Walters.Vernon Walters. [Source: Medal of Freedom (.com)]White House counsel John Dean meets with Vernon Walters, the deputy director of the CIA, to ask if the agency can provide “financial assistance” to the five Watergate burglars. Two days later, after checking with his boss, CIA director Richard Helms, Walters refuses Dean’s request. Dean informs his White House and Nixon campaign associates, John Mitchell, Frederick LaRue, and Robert Mardian. On June 29, Dean meets with President Nixon’s personal lawyer, Herbert Kalmbach, and tells him that Mitchell, along with Nixon’s two top aides, H. R. Haldeman and John Ehrlichman, want Kalmbach to raise money for the Watergate burglars. Later that day, the finance chairman of the Nixon re-election campaign, Maurice Stans, gives Kalmbach $75,000 for the burglars. Over the next months, money will continue to be raised and disbursed to the burglars in what may be part of a blackmail scheme orchestrated by one of them, E. Howard Hunt (see March 21, 1973). [Spartacus Schoolnet, 8/2007]

Entity Tags: John Mitchell, H.R. Haldeman, Frederick LaRue, Central Intelligence Agency, Herbert Kalmbach, John Dean, John Ehrlichman, Vernon A. Walters, Maurice Stans, Richard Helms, Robert Mardian, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Acting FBI Director L. Patrick Gray refuses to allow FBI investigators to interview Kathleen Chenow, a former secretary to David Young. Young, a former aide to White House special counsel John Ehrlichman, is one of the lawyers tasked with coordinating the activities of the “Plumbers” (see Late June-July 1971). Gray says that he cannot allow the agents to interview Chenow because of “national security” concerns. Gray will later tell investigators that Chenow has returned to the US in a military helicopter, in the company of Fred Fielding, the assistant to White House counsel John Dean (see June 22, 1972). Fielding was ordered by Dean to find Chenow and bring her in to speak to the FBI. Gray then permits the FBI to interview Chenow, in Dean’s presence. Chenow is not forthcoming. The FBI will later note, “It appears likely the reason we had to wait to interview Chenow was because Dean wanted to brief her beforehand.” Similarly, Gray will delay FBI interviews with Young until Dean has a chance to confer with the former White House aide. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: L. Patrick Gray, John Ehrlichman, Federal Bureau of Investigation, Fred F. Fielding, John Dean, ’Plumbers’, Kathleen Chenow, David Young

Timeline Tags: Nixon and Watergate

Watergate burglar E. Howard Hunt emerges from hiding (see June 18, 1972). In the following days, Washington reporter Carl Bernstein learns that Hunt’s lawyer William O. Bittman had received $25,000 in cash to represent Hunt. Bernstein learns this from a legal colleague of Bittman’s, who is disturbed that such a well-respected attorney as Bittman—a former assistant attorney general in the Justice Department—might have taken illicit monies. Bittman’s colleague also tells Bernstein that the Committee to Re-elect the President (CREEP) has earmarked at least $100,000 for something committee officials call “Convention Security.” Bittman refuses to confirm or deny the transaction. [Bernstein and Woodward, 1974, pp. 34] According to later testimony by senior campaign aide Frederick LaRue, LaRue gave $210,000 in CREEP slush fund money to Bittman for Bittman to distribute to the seven defendants. LaRue will claim he gave Bittman the money on the orders of White House counsel John Dean. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: E. Howard Hunt, Carl Bernstein, Committee to Re-elect the President, John Dean, William O. Bittman, Frederick LaRue

Timeline Tags: Nixon and Watergate

The Democratic National Convention, held to nominate George S. McGovern as the Democratic presidential candidate, is chaotic at best. The nomination of McGovern’s running mate is especially troublesome, as recalcitrant and sometimes obstreporous delegates and party officials nominate 39 separate candidates for vice president, including Martha Mitchell (see June 22-25, 1972) and China’s Communist leader Mao Zedong. McGovern and the party officials finally settle on freshman senator Thomas Eagleton (D-MO)—after McGovern goes through 24 separate possibilities who turn him down one after the other. Because of the fractious and time-consuming proceedings, McGovern does not make his speech accepting the nomination until 3 a.m. EST. [Reeves, 2001, pp. 513]

Entity Tags: Mao Zedong, George S. McGovern, Martha Mitchell, Democratic National Committee, Thomas F. Eagleton

Timeline Tags: Nixon and Watergate

White House aide John Ehrlichman tells President Nixon that the deputy director of the Committee to Re-elect the President (CREEP), Jeb Magruder, is probably the next CREEP official to, in his words, “take the slide” over the Watergate burglary (see 2:30 a.m.June 17, 1972). “[H]e’ll just have to take whatever lumps come, have to take responsibility for the thing,” Ehrlichman says. “They’re not going to be able to contrive a story that indicates that he didn’t know what was going on.” White House counsel John Dean is working on the new angle now. Nixon asks, “Did [Dean] know?” and Ehrlichman replies: “Oh Lord, yes. He’s in it with both feet.” Nixon continues: “He won’t contrive a story, then.… If you cover up, you’re going to get caught. And if you lie, you’re going to be guilty of perjury.” Nixon adds, “[W]e’ll take care of Magruder immediately afterwards” (alluding to pardoning Magruder after he is convicted). Nixon has one major worry about Magruder’s testimony to the FBI: “The main thing is whether he is the one where it stops. Or whether he goes to [former CREEP director John] Mitchell or [Nixon’s chief of staff H. R.] Haldeman.” [Reeves, 2001, pp. 515-516]

Entity Tags: Richard M. Nixon, Committee to Re-elect the President, H.R. Haldeman, Jeb S. Magruder, John Dean, John Ehrlichman, John Mitchell

Timeline Tags: Nixon and Watergate

FBI Director L. Patrick Gray begins sending FBI investigation files, including classified 302 files (raw interview materials), to White House counsel John Dean (see June 22, 1972). Gray does not clear the reports through the office of the attorney general, as he is mandated by law to do. Gray has no authority under the law to transfer the files to anyone, particularly those who are connected to the subjects of FBI investigations. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: L. Patrick Gray, Federal Bureau of Investigation, John Dean

Timeline Tags: Nixon and Watergate

The New York Times publishes an article alleging that Watergate burglar Bernard Barker (see 2:30 a.m.June 17, 1972) made at least 15 telephone calls to the office of G. Gordon Liddy, then working as a lawyer for the Committee to Re-elect the President (CREEP). Barker made the calls between March 15 and June 16, 1972, with the last call coming the day before the Watergate break-in. Using sources inside the Bell telephone system, Washington Post reporter Carl Bernstein learns that the Times story is accurate. Further, he learns that Barker’s phone records have been subpoenaed by Miami district attorney Richard Gerstein. Gerstein’s chief investigator, Martin Dardis, confirms that Barker’s bank account contained $89,000 from a Mexico City bank account, money that FBI investigators believe originated from Nixon campaign funds (see August 1-2, 1972). In fact, Bernstein learns, Barker’s account contained over $100,000 from the Mexico City source. [Bernstein and Woodward, 1974, pp. 35-37]

Entity Tags: Carl Bernstein, Bernard Barker, Richard Gerstein, Martin Dardis, G. Gordon Liddy, Committee to Re-elect the President

Timeline Tags: Nixon and Watergate

The Rosslyn parking garage where Woodward and Felt meet.The Rosslyn parking garage where Woodward and Felt meet. [Source: Washington Post]Washington Post reporter Bob Woodward visits his FBI source, top bureau official W. Mark Felt (see May 31, 2005), at Felt’s suburban Virginia home. Felt instructs Woodward that if he is to continue funneling information to Woodward as his “deep background” source, ground rules need to be set. Felt brings his early FBI experience as a Nazi tracker to bear. No more phone calls and no more visits, Felt says. Woodward needs an unobtrusive way to contact Felt to arrange a meeting; Felt suggests that Woodward use a flowerpot with a small red flag currently on his apartment balcony. Moving the flowerpot from the front of the balcony to the rear will alert Felt that Woodward wants a meeting. The meetings will take place at 2 a.m. on the bottom level of an underground parking garage in Rosslyn, Virginia. Woodward is to employ countersurveillance techniques for these meetings—taking the stairs instead of the elevators, taking taxicabs instead of his personal car, switching cabs, walking the last few blocks to the garage. If Felt wants a meeting, he will, by methods he never explains, indicate this by marking Woodward’s morning copy of the New York Times. Woodward is never to divulge anything of Felt’s contacts or their relationship to anyone, Felt insists. “I had never heard of such extreme precautions,” Woodward recalls in 2005. “It was extraordinary.” Woodward realizes that Felt is an extraordinary source taking extraordinary risks, and agrees to the procedures. [Woodward, 2005, pp. 61-66]

Entity Tags: Bob Woodward, Federal Bureau of Investigation, W. Mark Felt

Timeline Tags: Nixon and Watergate

The General Accounting Office (GAO) completes its preliminary report on financial irregularities inside the Nixon re-election campaign (see August 1-2, 1972). According to the report, the campaign has mishandled over $500,000 in campaign contributions, including an apparently illegal “slush fund” of over $100,000—perhaps more than $350,000. The report lists 11 “apparent and possible violations” of the new campaign finance law (see Before April 7, 1972), and refers the matter to the Justice Department for possible prosecution. The GAO agrees to delay its public issuance of its report after the committee’s finance chairman, Maurice Stans, asks GAO chief investigator Philip Hughes to come to Miami, where the Republican National Convention is in full swing, to receive more information. Another GAO investigator tells Washington Post reporter Bob Woodward that the Nixon campaign does not want the report to be made public on the same day that Richard Nixon accepts the Republican nomination for president. [Bernstein and Woodward, 1974, pp. 48-56]

Entity Tags: General Accounting Office, Bob Woodward, Committee to Re-elect the President, US Department of Justice, Maurice Stans, Philip S. Hughes, Richard M. Nixon

Timeline Tags: Nixon and Watergate

President Nixon responds to the report by the General Accounting Office (GAO) alleging possible illegal campaign finances in his re-election campaign (see August 22, 1972). Nixon tells reporters, “[W]e have a new law here in which technical violations have occurred and are occurring, apparently on both sides.” When asked what illegalities the Democrats have committed, Nixon says: “I think that will come out in the balance of this week. I will let the political people talk about, but I understand that there have been [violations] on both sides.” The financial director of his re-election campaign, Maurice Stans (see Before April 7, 1972), is an honest man, Nixon says, and is currently investigating the matter “very, very thoroughly, because he doesn’t want any evidence at all to be outstanding, indicating that we have not complied with the law.” Between the GAO’s and the FBI’s investigations, Stans’s own internal investigation, and an internal White House investigation by White House counsel John Dean, Nixon says there is no need for a special Watergate prosecutor, as some have requested. Of the Dean investigation: “I can say categorically that his investigation indicates that no one on the White House staff, no one in this administration, presently employed, was involved in this very bizarre incident [the Watergate burglary—see 2:30 a.m.June 17, 1972]. What really hurts in matters of this sort is not the fact that they occur, because overzealous people in campaigns do things that are wrong. What really hurts is if you try to cover it up.” [Bernstein and Woodward, 1974, pp. 57; Gerald R. Ford Library and Museum, 7/3/2007] A Washington Post story on the press conference highlights Nixon’s use of the phrase “presently employed,” and notes that several people suspected of campaign wrongdoing—G. Gordon Liddy, E. Howard Hunt, Maurice Stans, Hugh Sloan, and John Mitchell—no longer work for the administration. [Bernstein and Woodward, 1974, pp. 57] An assistant attorney general is convinced that the Dean investigation is “a fraud, a pipeline to [White House aide H. R.] Haldeman.” [Bernstein and Woodward, 1974, pp. 206] In April 1973, an associate of Dean tells Washington Post reporter Bob Woodward that there was never any such investigation, that Dean had not even discussed anything to do with Watergate as of August 29. “There never was a report,” the associate says. “Dean was asked to gather certain facts. The facts got twisted around to help some other people above him.” [Bernstein and Woodward, 1974, pp. 297-298] Dean later tells Watergate investigators that he never conducted any such internal White House investigation (see June 3, 1973). [Washington Post, 6/3/1973]

Entity Tags: John Dean, General Accounting Office, E. Howard Hunt, Federal Bureau of Investigation, Hugh Sloan, Bob Woodward, G. Gordon Liddy, H.R. Haldeman, Maurice Stans, John Mitchell, Richard M. Nixon

Timeline Tags: Nixon and Watergate, Elections Before 2000

US Attorney Earl Silbert, the chief prosecutor for the Watergate burglary case (see 2:30 a.m.June 17, 1972), has the FBI “electronically sweep his office as well as the federal grand jury area” for surveillance devices. Silbert asks for the sweep because of information appearing in the Washington Post’s Watergate reporting that Silbert believes may be coming from inside the courthouse. The sweep, conducted on September 5, finds nothing. FBI deputy director W. Mark Felt—“Deep Throat” (see May 31, 2005)—signs off on Silbert’s request. [Woodward, 2005, pp. 68]

Entity Tags: W. Mark Felt, Earl Silbert, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

The FBI finds another electronic surveillance device—a “bug”—on the telephone of Spencer Oliver, an official with the Democratic National Committee. Oliver’s office was one of those targeted in the earlier Watergate burglaries (see 2:30 a.m.June 17, 1972). It is not known how the bug got there, whether it had been planted during the earlier break-in or in a subsequent operation, and whether it transmitted any phone conversations. The FBI later notes that several earlier “sweeps” of Oliver’s office found no traces of the bug. Watergate burglar James McCord will examine the device in April 1973, and testify that it is one of the devices he planted. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: Democratic National Committee, Spencer Oliver, James McCord, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Accused Watergate burglar Bernard Barker after being arraigned in June 1972.Accused Watergate burglar Bernard Barker after being arraigned in June 1972. [Source: Wally McNamee / Corbis]The first indictments against the five men accused of burglarizing Democratic National Headquarters (see June 17, 1972)—James McCord, Frank Sturgis, Bernard Barker, Eugenio Martinez, and Virgilio Gonzalez—are handed down. White House aides G. Gordon Liddy and E. Howard Hunt are also indicted. [Gerald R. Ford Library and Museum, 7/3/2007] The indictments are for conspiracy, interception of communications, and burglary. [O.T. Jacobson, 7/5/1974 pdf file]
Washington Post Investigation - In its story of the indictments, the Washington Post will note that the indictments do “not touch on the central questions about the purpose or sponsorship of the alleged espionage” against the Democrats. Post reporter Carl Bernstein asks a Justice Department official why the indictments are so narrowly focused, as the FBI has certainly unearthed the same information as the Post investigation. After the source admits that the Justice Department knows about the campaign “slush fund” and the White House connections to the electronic surveillance, an indignant Bernstein asks why the Post should not run a story accusing the department of ignoring evidence. The official responds that the department does not intend to file any future indictments, and that the investigation is currently “in a state of repose.” [Bernstein and Woodward, 1974, pp. 69-70]
FBI Continues to Probe - FBI spokesman J. W. Hushen says that the indictments have ended the investigation and the agency has “absolutely no evidence to indicate that any others should be charged.” Contrary to Hushen’s statement and the Justice Department official’s comment to Bernstein, the FBI will continue its investigation. A day later, Deputy Attorney General Henry Peterson says that any charges that the FBI has conducted a “whitewash” of the Watergate conspiracy are untrue. [O.T. Jacobson, 7/5/1974 pdf file; Reeves, 2001, pp. 526-527]
Bay of Pigs Forged Bond - Martinez will later recall Hunt as one of his heroes from the time of the Cuban Revolution. Hunt, a CIA agent using the code name “Eduardo,” endeared himself to Martinez and other anti-Castro Cubans by denouncing the failed Bay of Pigs invasion as the fault of then-President Kennedy and others unwilling to fight against Fidel Castro. Martinez, himself then a CIA agent and an associate of Barker, Sturgis, McCord, and Gonzalez, will later write, “I can’t help seeing the whole Watergate affair as a repetition of the Bay of Pigs.” [Harper's, 10/1974]

Entity Tags: James McCord, J. W. Hushen, Henry Peterson, US Department of Justice, Virgilio Gonzalez, Federal Bureau of Investigation, Frank Sturgis, Bernard Barker, G. Gordon Liddy, E. Howard Hunt, Eugenio Martinez, Carl Bernstein

Timeline Tags: Nixon and Watergate

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