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Context of 'Late September 2002: Iraqi Foreign Minister Tells CIA Status of Iraq’s WMD Program; Bush Uninterested in Reports'

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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)

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)

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)

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

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

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.” (Kadidal 4/21/2009)

The philosophy that becomes known as “neoconservativism” traces its roots to leftist ideologues in New York City who, before World War II, begin sorting themselves into two camps: those who support Franklin D. Roosevelt’s economic “New Deal” policies, and more radical individuals who consider themselves followers of Soviet communism. Many of these radical leftists are Jews who, staunchly opposed to Nazi-style fascism, find themselves finding more and more fault with Stalinist Russia. In their eyes, Josef Stalin’s Soviet Union has betrayed the ideals of the original Russian Revolution, and has instead created a monstrous regime that is as bad towards Jews and other ethnic and cultural minorities as Germany’s Adolf Hitler and Italy’s Benito Mussolini. The betrayal they feel towards the Soviet Union, author J. Peter Scoblic will later write, cannot be overestimated. Seminal movement figures such as Irving Kristol (see 1965) lead a small cadre of academics and intellectuals far away from their former leftist-Communist ideology, instead embracing what Scoblic will call “an ardent nationalism” that they see as “the only feasible counterweight to the Soviet monster.” The USSR is as evil as Nazi Germany, they believe, and as committed to world domination as the Nazis. Therefore, the USSR cannot be negotiated with in any form or fashion, only opposed, and, hopefully, destroyed. During the 1950s, Scoblic will write, “these intellectuals adopted a strict good-versus-evil outlook—and a scorn for radical elements of the American Left—that was not unlike that of the ex-communists… who were defining modern conservatism.” But unlike their conservative counterparts, Kristol’s neoconservatives either espouse a more liberal social construct similar to Roosevelt’s New Deal, or care little one way or the other about the entire skein of issues surrounding economic and social policy. The neoconservatives will drive themselves even farther right during the social upheaval of the 1960s, and, according to Scoblic, will hold leftist leaders in contempt in part because they remind the neoconservatives of their Stalinist compatriots of thirty years ago, colleagues whom they have long since abandoned and held in scorn. The fact that some antiwar New Left figures will support Soviet, Chinese, and Vietnamese communism will further enrage the neoconservatives. (Scoblic 2008, pp. 83-85)

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

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)

United Nations logo.United Nations logo. [Source: United Nations]The United Nations is formed. Article 51 of the charter states that a country has the “right of individual or collective self-defense if an armed attack occurs against a member of the United Nations,” but otherwise prohibits the use of force in international affairs. (United Nations 6/26/1945)

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

Portion of a 1955 cartoon warning against the evils of three government health programs, including water fluoridation.Portion of a 1955 cartoon warning against the evils of three government health programs, including water fluoridation. [Source: Spectator]As World War II is coming to a close, the US Public Health Service (USPHS) begins a pilot program in Michigan to add fluoride to selected cities’ water supply, as a tooth-decay preventative. By 1950, 87 American towns and cities volunteer to have the agency fluoridate their water supply. By the early 1950s, water fluoridation is compulsory. Studies show that children between the ages of 5 and 9 show significantly smaller rates of cavities and tooth decay when they regularly drink fluoridated water, though studies of older children and adults are less clear. As the federal government begins rolling out its mandatory fluoridation program, far-right organizations such as the John Birch Society (JBS—see March 10, 1961 and December 2011) and the Ku Klux Klan (KKK) begin taking rigid stances against it. The JBS, a staunchly anti-Communist organization, accuses the federal government of imposing “creeping socialism” and “Soviet Communism” on the nation by making fluoridated water mandatory, and warns Americans against the government “polluting our precious bodily fluids.” (In 1993, JBS member Murray N. Rothbard differentiates between the brands of communism at work, saying, “[N]o, not Bolsheviks, guys: but a Menshevik-State Capitalist alliance.”) The JBS, in accusations later echoed by Rothbard, accuses the government of working with aluminum manufacturer Alcoa to dump sodium fluoride, a byproduct of aluminum manufacturing, into the nation’s water supply and rid Alcoa of the cost of disposing of the substance. The 1964 satirical film Dr. Strangelove features a character, General Jack D. Ripper, shouting, “Do you realize that fluoridation is the most monstrously conceived and dangerous Communist plot we have ever had to face?” (Rothbard 1/1993; Bailey 12/5/2001; Hileman 5/2008) In 1988, the Fluoride Action Network notes that the two opposing camps—fluoridation is beneficial and has no side effects vs. fluoridation is useless and harmful—have fought to an argumentative standstill, with no middle ground between the two. Jacqueline Warren, an attorney with the National Resources Defense Council, says, “Neither side has given the other one rational moment.” (Hileman 5/2008) In the early 1990s, environmentalist and public health safety groups begin calling for new examinations of the impact of fluoride on the human body, pointing to “valid concerns” about fluoride having a toxic impact on the human body and on the environment. In 2008, one JBS member warns, perhaps sardonically, “Don’t be surprised if we learn soon that the fluoride in Chinese toothpaste is nuclear waste from North Korea.” (Bailey 12/5/2001; Gilson 5/2008)

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

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)

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)

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)

The first “Zippe-type” gas centrifuge, named after one of its main developers, German scientist Gernot Zippe, is produced. The centrifuge uses duralumin rotors. Centrifuge rotors are thin-walled tubes that spin at high speeds producing enriched uranium 235. Centrifuge rotors are highly sensitive and must be made from specialized high-strength material. (Albright 10/9/2003)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Senator Strom Thurmond (right) supervises the typing of an early draft of the document that will come to be known as the ‘Southern Manifesto.’Senator Strom Thurmond (right) supervises the typing of an early draft of the document that will come to be known as the ‘Southern Manifesto.’ [Source: Strom Thurmond Institute]A hundred and one congressmen, mostly conservative Southern Democrats, sign a document forwarded to President Eisenhower that becomes known as the “Southern Manifesto.” The document, formally entitled “The Declaration of Constitutional Principles,” is prompted by the recent Brown v. Board of Education of Topeka Supreme Court decision mandating the desegregation of American public schools, and is designed to pressure wavering Southern lawmakers into defying the Court’s decision as part of what researcher Tony Badger will later call “the massive resistance strategy so passionately advocated by the conservatives.” It is read aloud on the floor of the Senate by Walter George (D-GA), and was originally conceived by Senator Strom Thurmond (D-SC) with the assistance of his colleague Harry Byrd (D-VA), though the final version was tempered by a rewrite overseen by Senator Richard Russell (D-GA). The “Manifesto” declares that in certain instances, states are free to ignore federal laws and court decisions such as Brown v. Board. The document declares the Court decision an attempt to “substitute naked power for established law,” calls it “a clear abuse of judicial power,” and says that the states can and must defy the Court’s decision in the interest of establishing the rights of the states against the federal government. The principle of “separate but equal” treatment of white and black Americans, codified in an 1849 case and upheld by the 1896 Court decision in Plessy v. Ferguson, is, the signers state, “the established law of the land” and cannot be overturned by the current Court. It is up to the states, not the federal government, to determine if and when they will desegregate their separate school systems. Far from mandating equal treatment, the signers state, the Brown decision “destroys the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races,” and “has planted hatred and suspicion where there has been heretofore friendship and understanding.” The “judicial encroachment” of the decision must be resisted by “any lawful means,” they write. The signers conclude, “Even though we constitute a minority in the present Congress, we have full faith that a majority of the American people believe in the dual system of government which has enabled us to achieve our greatness and will in time demand that the reserved rights of the States and of the people be made secure against judicial usurpation,” and ask their supporters not to give in to the “agitators” determined to sow chaos and disorder in the name of desegregation. (US Senate 3/12/1956; Time 3/26/1956; Badger 4/1997)
Disparate Group of Non-Signers - Cambridge University scholar Tony Badger will later write of the Southern lawmakers who refuse to sign the document, “The evidence from Texas, Tennessee, Florida, and North Carolina highlights the diversity of political opinion among the non-signers—from New Deal liberal to right-wing Republican ideologue—and the disparate sources for their racial moderation—national political ambitions, party loyalty, experience in the Second World War, Cold War fears, religious belief, and an urban political base.” (Badger 4/1997)
Thurmond Calls NAACP 'Professional Racist Agitators,' Says Southern Whites Are Nation's 'Greatest Minority' - After the reading, Thurmond delivers a far less measured television address, calling the organization that brought the original lawsuit, the NAACP, a group of “professional racist agitators” and saying: “All of us have heard a great deal of talk about the persecution of minority groups. The white people of the South are the greatest minority in this nation. They deserve consideration and understanding instead of the persecution of twisted propaganda.” After his speech, one Georgia woman praises Thurmond’s “courage and wisdom,” and asks: “Wouldn’t it be possible to remove much of the Negro population from the South? I sincerely wish that this might be done, and would be glad to even contribute personally to the expense of such a plan.” (Cohodas 1993, pp. 284-300)
Counterattack in Congress - In the following days, a succession of Northern Democrats lambast the manifesto on the Senate and House floor, and none of the signatories rise to speak in its defense. Wayne Morse (D-OR) says the document advocates nothing less than the “nullification” of the federal government, and if taken to its logical conclusion, the dissolution of the United States into 50 disparate entities. “If the gentlemen from the South really want to take such action,” he says, “let them propose a constitutional amendment that will deny to the colored people of the country equality of rights under the Constitution, and see how far they will get with the American people.” (Time 3/26/1956; Cohodas 1993, pp. 284-300) One Southern senator says shortly after its reading, “Now, if these Northerners won’t attack us and get mad and force us to close ranks, most of us will forget the whole thing and maybe we can pretty soon pretend it never happened.” (Time 3/26/1956) The “Manifesto” heralds a split in the Democratic Party, between conservative, segregationist “Dixiecrat” Southerners and the moderate-to-liberal remainder of the party’s lawmakers. Thurmond will lead an exodus of the segregationists from the Democratic Party to the Republican Party shortly thereafter. (Cohodas 1993, pp. 284-300)

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

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)

The illustration for the DVD of the 1964 film.The illustration for the DVD of the 1964 film. [Source: Sony Pictures]Fail-Safe, a military thriller by Eugene Burdick and Harvey Wheeler about over-confidence in the reliability of military technology, is published at the height of the Cold War. The book’s plot hinges on a computer error sending American nuclear bombers to destroy Moscow, and the efforts of the US president and his advisers to call them back before they can complete their mission. The book notes that US military strategists believe that civilian planes as well as military planes are matters of concern, as a civilian pilot could try “hara-kiri over New-York or Montreal.” The idea of using a civilian plane to destroy a target is obviously of real concern to military planners.
Neoconservative Prototype - One distinctive character in the book is Walter Groteschele, a famous “nuclear philosopher” and anti-communist hawk who has argued that nuclear weapons are not just for deterrence but for actual use. The pre-emptive use of nuclear bombs would kills millions, he acknowledges, but the US would still win the war. Groteschele is Jewish and his hard-line views are in reaction to Jewish helplessness during the Holocaust. Jewish neoconservatives have often linked their views with the Holocaust (see Early 1970s). In the novel, Groteschele argues that the president should not attempt to call back the bombers, but should instead let them finish off the Soviets. (Burdick and Wheeler 1962)
Film Versions - In 1964, the novel will be made into a film; (Sidney Lumet 1964) in 2000, the novel will be adapted for television. (Stephen Frears 2000)

W. Cleon Skousen.W. Cleon Skousen. [Source: Skousen2000 (.com)]Author W. Cleon Skousen, a supporter of the John Birch Society (JBS—see December 2011), writes an article attacking the Time profile of the JBS (see March 10, 1961) as being part of an orchestrated Communist attack on the organization. The article came about after the international Communist Party “ordered” the “annihilation” of the JBS, Skousen says. Skousen denies the group’s penchant for secrecy, saying that it was openly set up in 1958 as a network of “study groups” examining the threat of Communism to American society. The organization, he writes, is nothing more than “a study group program with a strong bias in favor of traditional American constitutionalism.” By 1960, the JBS earned the enmity of competing conservative groups, Skousen says, because the organization “had rallied together most of the best informed and hardest working patriots in many cities.” However, he writes, JBS members tend to be part of other conservative movements as well. The JBS worked to defeat a bill, slated to be introduced in January 1961, that would largely defund the House Committee on Un-American Activities “so it could not investigate the Communist Party.” Skousen says that JBS efforts derailed the bill, handing the American Communist Party “an overwhelming defeat.” After the bill was defeated, Skousen says, “a manifesto… from Moscow” ordered the destruction of the JBS, as it posed the primary danger to “Communist progress” in the US. The Time magazine profile of the JBS was part of that effort, Skousen says, after the organization was attacked in the pages of the Daily People’s World, a West Coast publication that Skousen says was “the official Communist newspaper” of that area. Within days, the information in the article was reprinted in Time’s own article, which reached far more people than the People’s World. “[T]he thing which astonished me,” Skousen writes, “was the rapidity with which the transmission belt began to function so that this story was planted in one major news medium after another until finally even some of the more conservative papers had taken up the hue and cry.” Skousen calls the article a Communist plant filled with fabrications and lies. He says that JBS leader Robert Welch’s accusations that President Eisenhower and other pro-American world leaders are Communists were made in “private communication[s] to his friends” and were never part of official JBS principles, and took place well before Welch founded the JBS in 1957; therefore, Skousen writes, to report Welch’s characterizations is to smear the JBS. Skousen also denies any racism or anti-Semitism on the JBS’s part, and uses a sympathetic 1963 report by the California Senate Factfinding Committee to “prove” his claims. The report concluded that Welch and the JBS have “stirred the slumbering spirit of patriotism in thousands of Americans, roused them from lethargy, and changed their apathy into a deep desire to first learn the facts about communism and then implement that knowledge with effective and responsible action.” Skousen concludes that while Americans are free to disagree with JBS principles and actions, any criticism of the organization should be considered potential Communist propaganda designed to smear the organization and reduce its effectiveness. If the criticism does not come from Communists themselves, it plays into Communist hands. As he claims to have been told by “[a] former member of the Communist Party National Committee,” “The Communist leaders look upon the stamping out of the John Birch Society as a matter of life and death for the Party.” (Skousen 1963)

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

Albert Wohlstetter in 1969.Albert Wohlstetter in 1969. [Source: Bettmann / Corbis]Albert Wohlstetter, a professor at the University of Chicago, gathers a cadre of fiery young intellectuals around him, many of whom are working and associating with the magazine publisher Irving Kristol (see 1965). Wohlstetter’s group includes Richard Perle, Zalmay Khalilzad, and Paul Wolfowitz. Wohlstetter, himself a protege of the Machiavellian academic Leo Strauss, is often considered the “intellectual godfather” of modern neoconservatism. Formerly an analyst at the RAND Corporation, Wohlstetter wielded a powerful influence on the US’s foreign policy during the heyday of the Cold War. Wohlstetter, who is believed to be one of several analysts who became a model for director Stanley Kubrick’s title character in the 1968 film Dr. Strangelove, added dramatic phrases like “fail-safe” and “second strike” capability to the US nuclear lexicon, and pushed to increase the US’s military might over what he saw as the imminent and lethal threat of Soviet nuclear strikes and the Soviet Union’s plans for global hegemony. He was such a powerful figure in his hundreds of briefings that he projected far more certainty than his facts actually supported. Though his facts and statistics were often completely wrong, he was so relentless and strident that his ideas gained more credence than they may have warranted. By 1965, he is known in some circles as a “mad genius” who is now collecting and molding young minds to follow in his footsteps. Author Craig Unger writes in 2007, “To join Team Wohlstetter, apparently, one had to embrace unquestioningly his worldviews, which eschewed old-fashioned intelligence as a basis for assessing the enemy’s intentions and military capabilities in favor of elaborate statistical models, probabilities, reasoning, systems analysis, and game theory developed at RAND.” An analyst with the Federation of Atomic Scientists will write in November 2003: “This methodology exploited to the hilt the iron law of zero margin for error.… Even a small probability of vulnerability, or a potential future vulnerability, could be presented as a virtual state of emergency.” Or as one-time Wohlstetter acolyte Jude Wanninski will later put it, “[I]f you look down the road and see a war with, say, China, twenty years off, go to war now.” Unger will observe, “It was a principle his acolytes would pursue for decades to come—with disastrous results.” (Unger 2007, pp. 42-46)

For the first time, the clerk of the US House of Representatives does his duty under the law and collects campaign finance reports, as mandated by the 1925 Federal Corrupt Practices Act (see 1925). W. Pat Jennings, a former congressman, turns in a list of violators to the US Department of Justice. Jennings’s list is ignored. (Center for Responsive Politics 2002 pdf file)

Roger Ailes (left) and Richard Nixon in a 1968 photo.Roger Ailes (left) and Richard Nixon in a 1968 photo. [Source: White House Photo Office / Rolling Stone]Roger Ailes, the media consultant for the Richard Nixon presidential campaign, decides that Nixon should, during a televised town hall, take a staged question from a “good, mean, Wallaceite cab driver.” Ailes is referring to the overtly racist third-party candidacy of Governor George Wallace (D-AL). Ailes suggests “[s]ome guy to sit there and say, ‘Awright, Mac, what about these n_ggers?’” According to Nixonland author Rick Pearlstein, the idea is to have Nixon “abhor the uncivility of the words, while endorsing a ‘moderate’ version of the opinion.” (Pearlstein 5/2008, pp. 331; Media Matters 7/22/2011) The suggestion is not used. Ailes will go on to found Fox News (see October 7, 1996).

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

Influential policy analyst Albert Wohlstetter (see 1965) sends two of his young proteges, Richard Perle and Paul Wolfowitz, to work on the staff of Senator Henry “Scoop” Jackson (D-WA—see Early 1970s), a conservative hawk committed to working on behalf of the US defense industry. That summer, Wohlstetter arranges for Wolfowitz and Perle to intern for the Committee to Maintain a Prudent Defense Policy, a Cold War think tank co-founded by former Secretary of State Dean Acheson and former Secretary of the Navy Paul Nitze. (Unger 2007, pp. 44)

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)

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)

President Nixon makes the final decision to launch “Operation Menu”—secret air strikes against Cambodia (see February 23-24, 1969). He meets with Defense Secretary Melvin Laird and Secretary of State William Rogers, ostensibly to discuss the decision of whether “to bomb or not,” but unbeknownst to the two officials, Nixon has already issued the order and begun a system of phony telephone records put in place to disguise the bombings. Congress is not informed of the bombings. The first stage of the bombing, “Operation Breakfast,” is productive enough to lead Nixon to predict the war in Vietnam will be over by 1970. (Reeves 2001, pp. 58-59)

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)

The New York Times reveals the secret bombings of Cambodia, dubbed “Operation Menu” (see February 23-24, 1969 and March 15-17, 1969). National Security Adviser Henry Kissinger is apoplectic in his anger: shouting to President Nixon, “We must do something! We must crush those people! We must destroy them!” Kissinger is not only referring to the Times, but Defense Secretary Melvin Laird and Secretary of State William Rogers, whom he believes leaked the information to the Times in order to discredit him. (Nixon has an unproductive phone conversation with Laird before his meeting with Kissinger; Nixon opened the phone call by calling Laird a “son of a b_tch,” and Laird hung up on the president.) Nixon suggests Kissinger’s own staff may be the source of the leaks. He is most suspicious of Kissinger’s aide Morton Halperin. By lunch, Kissinger has talked to the FBI about wiretapping suspected leakers. By dinner, Halperin’s phone is tapped. The next day, Kissinger’s military aide Alexander Haig has the FBI tap three more men “just for a few days,” warning the FBI not to keep any records of the wiretaps. The three targets are Kissinger’s aides Helmut Sonnenfeldt and Daniel Davidson, and Laird’s military assistant, Robert Pursley (who will again be wiretapped several months later—see May 2, 1970). At the same time, White House aide Jack Caulfield (see April 2, 1969) arranges for a wiretap on a private citizen, syndicated columnist Joseph Kraft. While the FBI wiretaps are legally questionable, Caulfield’s tap is unquestionably illegal. Caulfield has the director of security for the Republican National Committee, former FBI agent John Ragan, personally install the wiretap in Kraft’s home. The tap on Kraft produces nothing except the conversations of housekeepers, as Kraft and his wife are in Paris. Nixon has the French authorities wiretap Kraft’s Paris hotel room. (Reeves 2001, pp. 75-76)

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)

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)

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)

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)

Richard Perle, a young neoconservative just hired for the staff of Senator Henry “Scoop” Jackson (D-WA—see Early 1970s), is given a classified CIA report on alleged past Soviet treaty violations by CIA analyst David Sullivan. Apparently Sullivan leaks the report to pressure the US government to take a harder stance on the Soviet Union. Sullivan quits before an incensed CIA Director Stansfield Turner can fire him. Turner urges Jackson to fire Perle, but Jackson not only refuses, he also hires Sullivan for his staff. Sullivan and Perle establish an informal right-wing network called “the Madison Group” after their usual meeting place, the Madison Hotel Coffee Shop. (Green 2/28/2004)

Henry ‘Scoop’ Jackson.Henry ‘Scoop’ Jackson. [Source: US Congress]The recently formed neoconservatives, bound together by magazine publisher Irving Kristol (see 1965), react with horror to the ascendancy of the “McGovern liberals” in the Democratic Party, and turn to conservative senator Henry “Scoop” Jackson (D-WA) for leadership. Jackson calls himself a “muscular Democrat”; others call him “the Senator from Boeing” for his strong support of the US defense industry. Jackson merges a strong support of labor and civil rights groups with a harsh Cold War opposition to the Soviet Union. Jackson assembles a staff of bright, young, ideologically homogeneous staffers who will later become some of the most influential and powerful neoconservatives of their generation, including Richard Perle, Douglas Feith, Elliott Abrams, Abram Shulsky, and Paul Wolfowitz. Jackson’s office—“the bunker,” to staffers—becomes a home for disaffected, ambitious young conservative ideologues with a missionary zeal for change. Jackson presides over the cadre in an almost fatherly fashion.
History of Two Dictators - Many of Jackson’s neoconservative disciples came of age either fighting two foreign dictators—Stalin and/or Hitler—or growing up with family members who fought against them. (Unger 2007, pp. 35-41) Wolfowitz’s father’s family perished in the Holocaust; he will later say that what happened to European Jews during World War II “shaped a lot of my views.” (Schmitt 4/22/2002) Feith will tell the New Yorker in 2005, “[My] family got wiped out by Hitler, and… all this stuff about working things out—well, talking to Hitler to resolve the problem didn’t make any sense.” Most neoconservatives like Feith and Wolfowitz tend to look to military solutions as a first, not a last, resort. To them, compromise means appeasement, just as Britain’s Neville Chamberlain tried to appease Hitler. Stefan Halper, a White House and State Department official in the Nixon, Ford, and Reagan administrations, will say of the neoconservatives, “It is use force first and diplomacy down the line.”
Former Trotskyites - On the other hand, many neoconservatives come to the movement from the hardline, socialist left, often from organizations that supported Bolshevik revolutionary Leon Trotsky (see Late 1930s - 1950s). Trotskyites accused Stalin of betraying the purity of the Communist vision as declaimed by Karl Marx and Vladimir Lenin. “I can see psychologically why it would not be difficult for them to become [conservative] hard-liners,” says Harvard Sovietologist Richard Pipes, himself a hardliner whose son, Daniel Pipes, will become an influential neoconservative. “It was in reaction to the betrayal.” Many neoconservatives like Stephen Schwartz, a writer for the Weekly Standard, still consider themselves to be loyal disciples of Trotsky. Richard Perle is a Trotskyite socialist when he joins Jackson’s staff, and will always practice what author Craig Unger calls “an insistent, uncompromising, hard-line Bolshevik style” of policy and politics. Like Trotsky, Unger writes, the neoconservatives pride themselves on being skilled bureaucratic infighters, and on trusting no one except a small cadre of like-minded believers. Disagreement is betrayal, and political struggles are always a matter of life and death. (Unger 2007, pp. 35-41)

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; Cook 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.” (Dickinson 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; Cook 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.” (Cook 6/30/2011; Dickinson 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.” (Dickinson 5/25/2011)

An FBI wiretap at the Israeli Embassy in Washington picks up Richard Perle, an aide to Senator Henry “Scoop” Jackson (D-WA—see Early 1970s), discussing classified information with an Israeli official. This is the second time Perle has been involved in providing classified information to Israel (see Late 1969). This data was given to Perle by National Security Council staff member Helmut “Hal” Sonnenfeldt, who has been under investigation since 1967 for providing classified documents to the Israelis. (Hersh 5/1982; Buchanan 3/24/2003; Green 2/28/2004)

Roger Ailes, a former media consultant to the Nixon administration (see Summer 1970) who proposed a White House-run “news network” that would promote Republican-generated propaganda over what he calls “liberal” news reporting (see Summer 1970), moves on to try the idea in the private venue. Ailes works with a project called Television News Incorporated (TVN), a propaganda venue funded by right-wing beer magnate Joseph Coors. Conservative activist and Coors confidant Paul Weyrich will later call Ailes “the godfather behind the scenes” of TVN. To cloak the “news” outlet’s far-right slant, Ailes coins the slogan “Fair and Balanced” for TVN. In 2011, Rolling Stone reporter Tim Dickinson will write: “TVN made no sense as a business. The… news service was designed to inject a far-right slant into local news broadcasts by providing news clips that stations could use without credit—and for a fraction of the true costs of production. Once the affiliates got hooked on the discounted clips, its president explained, TVN would ‘gradually, subtly, slowly’ inject ‘our philosophy in the news.’ The network was, in the words of a news director who quit in protest, a ‘propaganda machine.’” Within weeks of TVN’s inception, its staff of professional journalists eventually has enough of the overt propaganda of their employer and begin defying management orders; Coors and TVN’s top management fire 16 staffers and bring in Ailes to run the operation. The operation is never successful, but during his tenure at TVN, Ailes begins plotting the development of a right-wing news network very similar in concept to the as-yet-unborn Fox News. TVN plans to invest millions in satellite distribution that would allow it not only to distribute news clips to other broadcasters, but to provide a full newscast with its own anchors and crew (a model soon used by CNN). Dickinson will write, “For Ailes, it was a way to extend the kind of fake news that he was regularly using as a political strategist.” Ailes tells a Washington Post reporter in 1972: “I know certain techniques, such as a press release that looks like a newscast. So you use it because you want your man to win.” Ailes contracts with Ford administration officials to produce propaganda for the federal government, providing news clips and scripts to the US Information Agency. Ailes insists that the relationship is not a conflict of interest. Unfortunately for Ailes and Coors, TVN collapses in 1975. One of its biggest problems is the recalcitrance of its journalists, who continue to resist taking part in what they see as propaganda operations. Ailes biographer Kerwin Swint will later say, “They were losing money and they weren’t able to control their journalists.” In a 2011 article for the online news and commentary magazine Gawker, John Cook will write: “Though it died in 1975, TVN was obviously an early trial run for the powerhouse Fox News would become. The ideas were the same—to route Republican-friendly stories around the gatekeepers at the network news divisions.” Dickinson will write that one of the lessons Ailes learns from TVN, and will employ at Fox, is to hire journalists who put ideological committment ahead of journalistic ethics—journalists who will “toe the line.” (Dickinson 5/25/2011; Cook 6/30/2011) Ailes will go on to found Fox News, using the “fair and balanced” slogan to great effect (see October 7, 1996 and 1995).

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)

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)

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)

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)

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)

American citizens and lawmakers are outraged by the information revealed in the publication of portions of the so-called Pentagon Papers (see June 13, 1971, June 14, 1971, and June 15, 1971). Senator George McGovern (D-SD), a sponsor of legislation to withdraw all US troops from Vietnam by the end of 1971, says the documents tell a story of “almost incredible deception” of Congress and the American people by the White House. McGovern says he cannot see how any senator can ever again permit the president to make any foreign policy decisions without first going through Congress. Senate Majority Leader Hugh Scott (R-PA) expresses concern over the leaking of the documents, but calls their contents “shocking.” Representative Paul McCloskey (R-CA) says the papers show “the issue of truthfulness in government is a problem as serious as ending the war itself.” McCloskey complains that, according to the documents, the briefings he and other Congressional members had received regarding the war had been “deceptive… misleading [and] incomplete,” often while Army officials who knew more of the truth stood silently by his side. “This deception is not a matter of protecting secret information from the enemy,” McCloskey says, “the intention is to conceal information from the people of the United States as if we were the enemy.” (Herda 1994)

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)

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. (Meyer 1/31/1973)

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).

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)

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

Hardline Senator Henry “Scoop” Jackson (D-WA), one of the political fathers of the burgeoning neoconservative movement (see Early 1970s), attempts to derail trade negotiations with the Soviet Union by proposing an amendment that would deny trade relations with countries that did not allow free emigration, a shot at the Soviets, who force emigrating Jews to pay an “exit tax.” When Secretary of State Henry Kissinger complains that Jackson is damaging negotiations with the Soviets, Jackson retorts, “Wouldn’t it be nice to have a secretary of state who doesn’t take the Soviet point of view?” (Scoblic 2008, pp. 83)

Reverend Billy Graham and President Richard Nixon.Reverend Billy Graham and President Richard Nixon. [Source: Associated Press]Richard Nixon, his religious adviser Billy Graham, and Nixon’s top aide H. R. Haldeman discuss their perceptions of Jewish influence in America. “They’re the ones putting out the pornographic stuff,” Graham, an influential preacher and televangelist, says. “This [Jewish] stranglehold has got to be broken or the country’s going down the drain.” Nixon, apparently delighted, asks, “You believe that?” Graham replies, “Yes, sir.” Nixon replies: “Oh, boy. So do I. I can’t ever say that but I believe it.” Graham says: “No, but if you got elected a second time, then we might be able to do something.… I go and I keep friends with Mr. Rosenthal at the New York Times and people of that sort, you know,” referring to Times editor A. M. Rosenthal. “And all—I mean, not all the Jews, but a lot of the Jews are great friends of mine, they swarm around me and are friendly to me because they know that I’m friendly with Israel. But they don’t know how I really feel about what they are doing to this country. And I have no power, no way to handle them, but I would stand up if under proper circumstances.” Nixon says, “You must not let them know.” (BBC 3/2/2002; Firestone 3/17/2002; Unger 2007, pp. 103) In 1994, after the publication of Haldeman’s diaries first reveals the contents of the anti-Semitic conversation between Nixon and Graham, Graham will say: “Those are not my words. I have never talked publicly or privately about the Jewish people, including conversations with President Nixon, except in the most positive terms.” (Firestone 3/17/2002) In 2002, Graham will apologize for his remarks after the tapes of the conversations become public, though Graham will say he has no memory of ever saying such things. (BBC 3/2/2002)

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

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)

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)

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. (Lewis 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. (Martinez and Barker 10/1974)

Neoconservatives see Democratic presidential candidate George McGovern’s floundering campaign and eventual landslide defeat (see November 7, 1972) as emblematic of, in author Craig Unger’s words, everything that is wrong with the “defeatist, isolationist policies of the liberals who had captured the Democratic Party.” If the neoconservatives had had their way, their favorite senator, Henry “Scoop” Jackson (see Early 1970s), would have won the nomination. But the Vietnam War has put hawkish Cold Warriors like Jackson in disfavor in the party, and Jackson was set aside for the disastrous McGovern candidacy. The Republicans offer little interest themselves for the neoconservatives. Richard Nixon is enamored of one of their most hated nemeses, National Security Adviser Henry Kissinger, whose “realpolitik” did nothing to excite their ideological impulses. And under Nixon, the icy Cold War is slowly thawing, with summit meetings, bilateral commissions, and arms limitations agreements continually bridging the gap between the US and the neoconservatives’ implacable foe, the Soviet Union. In Nixon’s second term, the Coalition for a Democratic Majority (CDM)—populated by Democratic neoconservatives like Jackson, Irving Kristol, Norman Podhoretz, Midge Decter, Daniel Patrick Moynihan (Nixon’s domestic adviser), Jeane Kirkpatrick, Ben Wattenberg, and James Woolsey, and joined by 1968 Democratic presidential candidate Hubert Humphrey, will pressure Nixon to adopt a tough “peace through strength” policy towards the Soviet Union. Although it will take time, and the formation of countless other organizations with similar memberships and goals, this group of neoconservatives and hawkish hardliners will succeed in marginalizing Congress, demonizing their enemies, and taking over the entire foreign policy apparatus of the US government. (Unger 2007, pp. 47-48)

While the police are arresting the five Watergate burglars (see 2:30 a.m.June 17, 1972), the team leader, E. Howard Hunt, goes to the hotel room in which Nixon campaign aide Alfred Baldwin has been monitoring the electronic surveillance devices surreptitiously installed in Democratic National Committee headquarters (see May 27-28, 1972). Baldwin was to monitor the burglars and warn them of trouble, but the burglar with the walkie-talkie, Bernard Barker, had his unit turned off and Baldwin was unable to warn them of police arriving on the scene. From Baldwin’s hotel room, Hunt phones a lawyer, Douglas Caddy; Hunt and Caddy both work at a public relations firm, Mullen Company, which some believe is a CIA front organization. Baldwin can hear Hunt talking about money, bail, and posting bonds. Hunt instructs Baldwin to load a van belonging to burglar James McCord with the listening post equipment and sensitive operational documents (the “Gemstone” file—see September 29, 1972), and drive to McCord’s house in Rockville, Maryland. Baldwin will soon tell his story to a lawyer, Robert Mirto; the information will soon find its way to DNC chairman Lawrence O’Brien. This is how O’Brien so quickly learns that White House aides such as Hunt and G. Gordon Liddy were involved in the Watergate burglary (see June 20, 1972). (Spartacus Schoolnet 8/2007)
FBI Finds Information Connecting Burglars to White House Aide - Within hours of the burglary, FBI agents searching the Watergate hotel rooms of the burglars find a check with the name “E. Howard Hunt” imprinted on it. (O.T. Jacobson 7/5/1974 pdf file) In October 1974, burglar Bernard Barker will write: “When we went on the mission, I had put all our identifications and wallets in a bag in the hotel room, and I told Howard that if something happened he would have everything, including my address book with the White House phone number. But when he left the room, he was in such a big hurry that he left everything there. This was a very bad mistake, of course, because [the FBI] immediately established the connection with Hunt and me. They had the connections on a silver platter. But I guess Hunt had enough things to worry about then.” (Martinez and Barker 10/1974) The agents, quickly learning that Hunt is a White House employee, interview Hunt at his Potomac home; Hunt admits the check is his, but denies any knowledge of the burglary. (O.T. Jacobson 7/5/1974 pdf file)

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

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)

White House counsel John Dean orders the opening of a safe belonging to Watergate burglar E. Howard Hunt (see 2:30 a.m.June 17, 1972). Dean orders that the contents be turned over (six days later, after Dean and other White House officials have had a chance to peruse them) to the FBI. The documents will soon be given to FBI acting director L. Patrick Gray, who keeps them for six months before burning them (see Late December 1972). Gray will later admit to the incident in his testimony before the Senate Watergate Committee (see February 28-29, 1973). (Time 4/2/1973) Dean finds in the safe, among other things, a loaded .25 caliber pistol; the attache case of burglar James McCord, loaded with electronic surveillance equipment and a tear gas canister; CIA psychological profiles of Pentagon Papers leaker Daniel Ellsberg (see March 1971); pages from the Pentagon Papers; memos to and from Nixon aide Charles Colson; two falsified diplomatic cables implicating former President John F. Kennedy in the 1963 assassination of South Vietnam’s President Ngo Diem Dinh; and a dossier on the personal life of Senator Edward Kennedy (D-MA). Nixon aide John Ehrlichman advises Dean to throw the contents of the safe into the Potomac River. (Reeves 2001, pp. 501-502) Shortly thereafter, Washington Post reporter Carl Bernstein, in discussions with a young assistant in White House aide Charles Colson’s office, learns that Hunt has been investigating Kennedy’s checkered past, particularly the Chappaquiddick tragedy of 1969, in which an apparently inebriated Kennedy drove his car into a lake, drowning his companion of the evening, Mary Jo Kopechne. Hunt was apparently looking for political ammunition against Kennedy in preparation for a possible presidential run. According to a former Nixon administration official, Colson and fellow Nixon aide H. R. Haldeman were “absolutely paranoid” about a Kennedy campaign run. (Bernstein and Woodward 1974, pp. 30-31)

President Nixon tells a gathering of reporters regarding the Watergate burglary (see 2:30 a.m.June 17, 1972), “The White House has no involvement in this particular incident.” Washington Post reporters Carl Bernstein and Bob Woodward find the phrasing—“this particular incident”—interesting. They have already unearthed numerous connections between the White House and the Watergate burglars, some more tenuous than others, but all pointing to a larger, if indistinct, pattern:
bullet Burglar Frank Sturgis is one of the men who attacked Pentagon Papers leaker Daniel Ellsberg (see March 1971) outside a memorial service for the late FBI Director J. Edgar Hoover in May 1972.
bullet The address book of one of the burglars contains sketches of the hotel rooms to be used by the campaign of Democratic candidate George McGovern during the Democratic National Convention in Miami.
bullet A Miami architect says that burglar Bernard Barker tried to obtain blueprints of the Miami convention hall and its air-conditioning system.
bullet Burglar E. Howard Hunt’s boss at the public relations firm he works for (see June 17, 1972), Robert Bennett, has organized over 100 dummy campaign committees that have been used to funnel millions of dollars into the Nixon re-election campaign.
bullet Burglar James McCord (see 2:30 a.m.June 17, 1972) was carrying an application for college press credentials for the Democratic convention when he was arrested.
bullet Three of the Watergate burglars, all Miami residents, had been in Washington at the same time the offices of some prominent Democratic lawyers in the Watergate had been burgled. (Bernstein and Woodward 1974, pp. 29)

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)

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)

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). (Bernstein and Woodward 6/3/1973)

Chief of Staff H. R. Haldeman orders the White House files to be culled and the most sensitive, and potentially embarrassing, documents removed. Designated “White House Special Files,” these are to be destroyed if President Nixon loses the election (see November 7, 1972). They will not actually be destroyed; eventually they will be seized by the FBI as part of its Watergate probe. Historian Richard Reeves will write, “Many White House papers were destroyed or disappeared during the Watergate investigations, but much more survived for history than Richard Nixon ever intended.” (Reeves 2001, pp. 17)

Washington Post reporter Carl Bernstein interviews a reluctant source, a bookkeeper for the Committee to Re-elect the President (CREEP). In All the President’s Men (see June 15, 1974), Bernstein and co-author Bob Woodward merely identify her as “The Bookkeeper” (Bernstein and Woodward 1974, pp. 63-68) , but she will later be identified as Judy Hoback. Hoback tries to persuade Bernstein to leave her apartment, but Hoback’s sister, who is also present, seems supportive of Bernstein, and the reporter tries to find ways to stay and winkle information out of Hoback. But Hoback seems willing to play along with Bernstein to an extent. She will not provide damaging information against her boss, Maurice Stans, but otherwise she says she wants the truth to come out. She says the top officials at CREEP have decided to try to pin the blame for everything on former CREEP treasurer Hugh Sloan, for whom she feels great sympathy. She confirms that documents have been destroyed to prevent investigators from finding the truth behind the financial improprieties, and confirms the existence of a secret campaign “slush fund,” saying that CREEP deputy director Jeb Magruder was one official in charge of managing the fund. In a subsequent interview conducted by both reporters, Hoback confirms that G. Gordon Liddy received cash from the fund, as well as CREEP scheduling director Bart Porter. She confirms that several CREEP officials, including personnel director Robert Odle, lied to the investigating grand jury. Like so many other CREEP employees, Hoback has no faith that the FBI is conducting any sort of impartial investigation: “My feeling is that the FBI turns the information in and it goes upstairs,” presumably to the White House. Although Hoback’s information is more tantalizing than useful at the moment, Bernstein and Woodward will use her statements as confirmation for other, subsequent allegations. (Bernstein and Woodward 1974; Woodward 2005, pp. 228)

Shortly after the Watergate indictments are handed down (see September 15, 1972), White House counsel John Dean is summoned to the Oval Office. He arrives to find President Nixon and chief of staff H. R. Haldeman “all grins,” as Dean will recall for his Watergate grand jury testimony. They are pleased the indictments have only gone as far as the seven burglars. “Great job, John,” Nixon tells Dean. “Bob told me what a great job you’re doing.” (Bernstein and Woodward 1974, pp. 312)
Nixon Encouraging Cover-up, Illegal Influence of Judge - According to Dean’s later testimony before the Senate Watergate Committee (see June 25-29, 1973), Nixon “told me that Bob had kept him posted on my handling of the Watergate case. The President told me I had done a good job and he appreciated how difficult a task it had been and the President was pleased that the case had stopped with Liddy.… I responded that I could not take credit because others had done much more difficult things than I had done.” Dean will say that he is thinking of senior campaign official Jeb Magruder, who had perjured himself to keep the Watergate grand jury from learning of higher involvement (see August 1972). “I also told him that there was a long way to go before this matter would end, and that I certainly could make no assurance that the day would not come when this matter would start to unravel.” Dean tells Nixon that there is a good chance to delay the Democrats’ civil suits against the Nixon campaign (see June 20, 1972) until after the election because campaign lawyers are talking out of court to the judge, Charles Richey, who is “very understanding and trying to accommodate their problems” (see August 22, 1972). Nixon says, “Well, that’s helpful.” If Dean’s testimony is accurate, Nixon is encouraging the cover-up of criminal activity, and is supportive of attempts to illegally influencing a judge in a civil suit. (Time 7/9/1973)
Nixon: Is Everyone Together 'to Stonewall?' - Nixon says he particularly enjoyed the burglars’ assertions to reporters that they would not inform on any superiors, and their memorized tirades about the Communist threat. He then asks, “Is the line pretty well set now on, when asked about the Watergate, as to what everybody says and does, to stonewall?” Haldeman responds that the burglars, particularly the four Cubans, “really believe” what they’re saying. “I mean, that was their motivation. They’re afraid of [Democratic candidate George] McGovern. They’re afraid he’ll sell out to the communists, which he will.” Dean predicts that “nothing will come crashing down” between now and the elections (see November 7, 1972). Nixon is already planning his post-election vengeance. “I want the most comprehensive notes on all those that tried to do us in,” he orders. “They are asking for it and they are going to get it…. We have not used the power in the first four years, as you know… but things are going to change now.” “That’s an exciting prospect,” Dean replies. (Reeves 2001, pp. 526-527)

Carl Bernstein, Katherine Graham, and Bob Woodward discuss the newspaper’s Watergate coverage.Carl Bernstein, Katherine Graham, and Bob Woodward discuss the newspaper’s Watergate coverage. [Source: Southern Methodist University]The Washington Post reports that John Mitchell, the former attorney general and former head of the Committee to Re-elect the President (CREEP), personally controlled a secret Republican “slush fund” used to finance widespread intelligence-gathering operations against the Democratic Party (see Early 1970). (Gerald R. Ford Library and Museum 7/3/2007) Mitchell had authorized expenditures from the fund beginning in the spring of 1971, while he was attorney general. (Bernstein and Woodward 1974, pp. 98-103) The fund was originally conceived by White House aide G. Gordon Liddy, who in 1972 came up with what he called “Operation Gemstone,” a $1 million plan to carry out a series of covert and often illegal actions against President Nixon’s political enemies (see January 29, 1972). Mitchell scaled back the budget to $250,000 (at first) to launch a scaled-down version of Gemstone. (Spartacus Schoolnet 8/2007) Mitchell personally approved a number of withdrawals from the fund, which swelled in size from around $350,000 to $700,000 at any given time. Four others besides Mitchell were later authorized to approve payments from the secret fund. One is Maurice Stans, the former commerce secretary who is now finance chairman of CREEP; the fund was kept in a safe in Stans’s office. A second is Jeb Magruder, the former manager of CREEP who is now deputy director of the organization. A third is a senior White House official involved in the campaign, and the other is a campaign aide based outside of Washington. (Bernstein and Woodward 9/29/1972) (Washington Post reporters Carl Bernstein and Bob Woodward are all but convinced that the “senior White House official” is H. R. Haldeman, but they cannot get anyone to go on record to confirm their assumption, and therefore do not print Haldeman’s name in the story.) (Bernstein and Woodward 1974, pp. 100)
Mitchell's Explosive Reaction - Mitchell is outraged by the allegations. When Bernstein calls to confirm the story, he explodes: “Jesus!… All that crap, you’re putting it in the paper? It’s all been denied. Katie Graham [Katherine Graham, publisher of the Post] is gonna get caught in a big fat wringer if that’s published. Good Christ! That’s the most sickening thing I’ve ever heard.” (The actual quote, which Post executive editor Ben Bradlee cleans up for public consumption, is, “Katie Graham’s gonna get her t_t caught in a big fat wringer if that’s published.”) (Bernstein and Woodward 9/29/1972; Bernstein and Woodward 1974, pp. 105; Woodward 2005, pp. 72) Mitchell continues: “You fellows got a great ball game going. As soon as you’re through paying Williams [Edward Bennett Williams, whose law firm represents the Democratic Party, as well as the Post], we’re going to do a story on all of you.” When Bradlee hears of Mitchell’s reaction, he asks if Mitchell was drunk. When Bernstein replies that he doesn’t believe so, and Bradlee confirms that Bernstein properly identified himself as a reporter, Bradlee tells Bernstein to print Mitchell’s reaction. CREEP spokesman Powell Moore tries to persuade Bradlee not to run the Mitchell quote, saying that it wasn’t fair to run the quote because Bernstein woke Mitchell up, and therefore Mitchell’s “composure [was] not guarded.” Bradlee refuses to delete the quote. (Bernstein and Woodward 9/29/1972; Bernstein and Woodward 1974, pp. 105-108)
CREEP Denials - Moore later states that neither Mitchell or Stans knows anything about “any disbursement from an alleged fund as described by the Post and neither of them controlled any committee expenditures while serving as government officials.” One of the planners of the Watergate burglary (see 2:30 a.m.June 17, 1972), G. Gordon Liddy, withdrew well over $50,000 from the fund. Although records of the fund’s disbursements have been destroyed, other sources indicate that some of the other recipients of the fund include Magruder; Herbert L. “Bart” Porter, CREEP’s scheduling director; several White House officials; and other unidentified persons not officially part of either CREEP or the Nixon administration. Magruder denies ever receiving any such funds. The General Accounting Office has said that such a fund is a “possible and apparent” violation of a new, stricter campaign finance disclosure law. (Bernstein and Woodward 9/29/1972)

While researching the story that would reveal the extensive “dirty tricks” operations conducted by the Nixon presidential campaign (see June 27, 1971, and Beyond), Washington Post reporter Carl Bernstein learns of the extensive connections between “agent provocateur” Donald Segretti and members of the Nixon administration.
College Connection - Segretti, Nixon press secretary Ron Ziegler, White House appointments secretary Dwight Chapin, and Ziegler’s aide Tim Elbourne had all attended college together at the University of Southern California. All were members of a campus political group called “Trojans for Representative Government.” The group carried out a number of dirty campus political operations, which they called “ratf_cking.” Some of their “tricks” included ballot box stuffing, planting of spies in opposition camps, and spreading of bogus campaign literature designed to drive students away from the targeted candidate.
Campaigns - Ziegler and Chapin had joined Richard Nixon’s gubernatorial campaign in 1962, which was managed by H. R. Haldeman, now Nixon’s closest White House aide. After Nixon lost that election, Ziegler, Chapin, and Elbourne had worked for Haldeman in an advertising agency. Ziegler and Chapin had recruited Segretti and Elbourne to take part in the 1972 Nixon campaign.
Confirmation - A Justice Department official confirms that Segretti is under investigation for political sabotage and espionage operations, and says that he is familiar with the term “ratf_cking.” Bernstein discusses Segretti with a Justice Department attorney, who is outraged at the entire idea. “Ratf_cking?” he snarls. “You can go right to the top with that one. I was shocked when I heard it. I couldn’t believe it. These are public servants? God. It’s nauseating. You’re talking about fellows who come from the best schools in the country. Men who run the government!” The attorney calls the Segretti operation “despicable,” and Segretti himself “indescribable.” “You’re dealing with people who act like this is Dodge City, not the capital of the United States.” The attorney hints that the Nixon campaign “slush fund” (see September 29, 1972) helped pay for the operations, and that the “Canuck letter” (see February 24-25, 1972) was one of the Nixon campaign’s operations.
Mitchell Involved - Bernstein prods the attorney about the phrase “go right to the top,” and mentions former campaign manager John Mitchell. The attorney says of Mitchell: “He can’t say he didn’t know about it, because it was strategy—basic strategy that goes all the way to the top. Higher than him, even.” Woodward is stunned. Higher than Mitchell? The only three people in the Nixon administration higher than Mitchell are Nixon’s top aides, H. R. Haldeman and John Ehrlichman, and Richard Nixon himself. Bernstein and colleague Bob Woodward later write, “For the first time, [Bernstein] considered the possibility that the president of the United States was the head ratf_cker.” (Bernstein and Woodward 1974, pp. 126-129)

Around 2 a.m., Washington Post reporter Bob Woodward meets his FBI source, W. Mark Felt (popularly called “Deep Throat”—see May 31, 2005) in the underground parking garage Felt has designated as their rendezvous (see August 1972). Woodward’s partner Carl Bernstein has unearthed fascinating but puzzling information about a Nixon campaign “dirty tricks” squad headed by California lawyer Donald Segretti (see June 27, 1971, and Beyond and October 7, 1972). Woodward is desperately searching for a way to pull together the disparate threads of the various Watergate stories. An unusually forthcoming Felt says he will not give Woodward any new names, but directs him to look in “the direction of what was called ‘Offensive Security.’” Things “got all out of hand,” Felt tells Woodward, in “heavy-handed operation[s]” that went farther than perhaps their originators had intended. Felt says bluntly that Nixon campaign chairman John Mitchell was involved, and, “Only the president and Mitchell know” how deep Mitchell’s involvement really is. Mitchell “learned some things in those ten days after Watergate,” information that shocked even him. If what Mitchell knows ever comes to light, it could destroy the Nixon administration. Mitchell himself knew he was ruined after Watergate investigation began, and left the administration to try to limit the damage. Felt adds that Nixon aide John Ehrlichman ordered Watergate burglar E. Howard Hunt to leave town (see June 18, 1972), a revelation that surprises Woodward, since Ehrlichman’s name has not yet come up in the conspiracy stories.
Four Major Groups - There are four major groups within the Nixon presidential campaign, Felt says. The “November Group” handles campaign advertising. Another group handles political espionage and sabotage for both the Republican and Democratic National Conventions. A third “primary group” did the same for the campaign primaries (this group not only worked to sabotage Democrats, but Republican primary opponents of Nixon’s as well). And a fourth, the “Howard Hunt group,” is also known as the “Plumbers,” working under Hunt (see 2:30 a.m.June 17, 1972). Felt calls the Plumbers the “really heavy operations team.” Hunt’s group reports directly to Charles Colson, Nixon’s special counsel. One set of operations by Hunt’s group involved planting items in the press; Felt believes Colson and Hunt leaked stories of former Democratic vice presidential candidate Thomas Eagleton’s drunk driving record to reporters. “Total manipulation—that was their goal, with everyone eating at one time or another out of their hands. Even the press.” The Post is specifically being targeted, Felt warns; the White House plans to use the courts to make Woodward and Bernstein divulge their sources.
Watergate Investigation Deliberately Narrow - Felt says that the Justice Department’s indictments against the seven Watergate burglars (see September 15, 1972) was as narrow as Department officials could make it. Evidence of political espionage or illegal campaign finances that was not directly related to the burglary was not considered. Felt says that the investigation, as narrow as it was, was plagued by witness perjury and evasions.
Everything is Interconnected - Everything—surveillance operations, illegal campaign finances, campaign “dirty tricks”—is interconnected, Felt says. The Segretti story is just the tip of the iceberg: “You could write stories from now until Christmas or well beyond that.” The two men have been alternately standing and sitting in the unlighted parking garage for hours; dawn is approaching, and both are exhausted. Woodward knows he needs specifics, the names of these higher-ups. How is he to know if he is not being railroaded down investigative dead ends by White House media manipulation operations? How about the “Canuck letter” that destroyed the candidacy of Democratic presidential hopeful Edmund Muskie? “It was a White House operation,” Felt replies: “done inside the gates surrounding the White House and the Executive Office Building. Is that enough?” It is not, Woodward retorts. Are there more intelligence and sabotage operations still to come? Woodward angrily says that he is tired of their “chickensh_t games,” with Felt pretending he never provided primary information and Woodward contenting himself with scraps of disconnected information. Felt replies: “Okay. This is very serious. You can safely say that 50 people worked for the White House and CREEP [the Nixon re-election campaign] to play games and spy and sabotage and gather intelligence. Some of it is beyond belief, kicking at the opposition in every imaginable way. You already know some of it.” Woodward lists the many examples that he and Bernstein have been able to unearth: surveillance, following people, press leaks, fake letters, campaign sabotage, investigations of campaign workers’ private lives, theft, campaign provacateurs. Felt nods. “It’s all in the [FBI] files. Justice and the Bureau know about it, even though it wasn’t followed up.” Woodward, despite himself, is stunned. The White House had implemented a systematic plan to subvert the entire electoral process? Had used fifty people to do it? “You can safely say more than fifty,” Felt says, and walks up the ramp and out of the garage. It was 6 a.m. Woodward uses Felt’s information to help create one of the most devastating stories yet published about Watergate (see October 10, 1972). (Bernstein and Woodward 1974, pp. 130-135; Woodward 2005, pp. 75-79)
'Organizing Principle' of Watergate - Nixon White House counsel Leonard Garment will write in his 2000 book In Search of Deep Throat (in which he misidentifies the source as obscure Nixon staffer John Sears) that while Woodward’s source did not deliver “much in the way of specific information, he gave Woodward and Bernstein what they needed: an organizing principle.” It is during this time, Garment will write, that the reporters begin to truly understand the entirety of the Watergate conspiracy. (Woodward 2005, pp. 191-194)

Washington Post reporter Bob Woodward is phoned by a Post reporter in Los Angeles, Robert Meyers. Meyers has spoken with a fraternity brother of Nixon campaign operative Donald Segretti (see June 27, 1971, and Beyond). The fraternity brother, Larry Young, told Meyers that the FBI learned of Segretti and his campaign operations through the phone records of Watergate burglar E. Howard Hunt (see 2:30 a.m.June 17, 1972). Hunt had called Segretti numerous times to give Segretti instructions about something Young does not know, but “it wasn’t the [campaign] bugging.” Woodward had not known of any Segretti-Hunt connection. Young told Meyers that Segretti admitted working for “a wealthy California Republican lawyer with national connections and I get paid by a special lawyer’s trust fund.” Woodward believes the lawyer in question is Herbert Kalmbach, President Nixon’s personal lawyer; Meyers had asked Young about Kalmbach, but Young did not recognize the name. He does identify the lawyer as having an office in Newport Beach, where Kalmbach has his office. Young believes that Segretti met with both Hunt and White House aide Dwight Chapin (see October 7, 1972). Segretti often talked of going to Miami—the home of most of the Watergate burglars—to meet with Hunt and Chapin. Segretti told Young that when he was in Miami, someone Segretti didn’t identify asked him to organize a group of young Cubans to mount an assault on the Doral Beach Hotel, the location of the Republican National Convention, and make it look as if the Cubans were McGovern campaign workers. Segretti refused to carry out this particular idea, calling it blatantly illegal and violent. Woodward is aware that just such an assault had indeed taken place at the hotel, and that many suspected that there were Republican provocateurs in the crowd of protesters.
Segretti Worried about Being the Fall Guy - When the FBI first contacted Segretti, two weeks before the July convention, Young says that Segretti was shocked that he had not been given advance warning. Segretti worried that he was being set up as a fall guy. In his testimony to the FBI and before the Watergate grand jury, Segretti told them about his connections with Hunt and Chapin, and named the lawyer who paid him. So, Woodward muses, the Justice Department had known of the connections between Segretti, Hunt, and Chapin since June and had not followed up on them. Young agrees to go on the record as a source, and Woodward confirms the story through a Justice Department lawyer. The FBI didn’t consider what Segretti did to be strictly illegal, the lawyer tells Woodward, but “I’m worried about the case. The Bureau is acting funny… there is interest in the case at the top.… [W]e’re not pursuing it.” The lawyer refuses to be more specific. Chapin carefully denies the story. He admits he and Segretti are old college buddies, and does not directly deny that he was Segretti’s White House contact.
Haldeman Connection - A former Nixon administration official tells Woodward, “If Dwight has anything to do with this, it means Haldeman,” referring to Nixon’s chief of staff H. R. Haldeman. “He does what two people tell him to do: Haldeman and Nixon.” The Post story runs on October 15, without naming Kalmbach. The story breaks two new areas of ground: it is the first of its kind to rely on on-the-record sources (Young), and it is the first to directly allege that the Watergate conspiracy reaches into the White House itself and not merely the Nixon re-election campaign. A Time magazine follow-up adds that Chapin had hired Segretti, and names Gordon Strachan, a political aide to Haldeman, had taken part in hiring Segretti as well. Most importantly, Time names Kalmbach as the lawyer who paid Segretti. Irate at being scooped, Woodward quickly confirms Kalmbach’s status as paymaster with a Justice Department attorney, and in a conversation with former campaign treasurer Hugh Sloan, confirms that Segretti was paid out of the campaign’s “slush fund” managed by campaign finance chief Maurice Stans (see September 29, 1972). Kalmbach had distributed far more money than was given to Segretti, Sloan says. (Bernstein and Woodward 1974, pp. 150-159)
Verified - On October 18, the New York Times runs a story that uses telephone records to verify Segretti’s calls from Hunt. (Bernstein and Woodward 1974, pp. 167)

Ron Ziegler.Ron Ziegler. [Source: San Diego Union Tribune]The White House, the Nixon re-election campaign, and Republican supporters begin publicly attacking the Washington Post over its Watergate coverage.
'Character Assassination' - White House press secretary Ron Ziegler says, when asked about the Watergate conspiracy: “I will not dignify with comment stories based on hearsay, character assassination, innuendo or guilt by association.… The president is concerned about the technique being applied by the opposition in the stories themselves.… The opposition has been making charges which have not been substantiated.” Ziegler later calls the Post reports “a blatant effort at character assassination that I do not think has been witnessed in the political process in some time.”
'Political Garbage' - The chairman of the Republican National Committee, Senator Robert Dole (R-KS) attacks what he calls “political garbage” printed about Watergate: “The Washington Post is conducting itself by journalistic standards that would cause mass resignations on principle from the Quicksilver Times, a local underground newspaper,” and accuses the Post of essentially working for the Democrats. (Six months after his attacks, Dole will say that the credibility of the Nixon administration is “zilch, zero.” Years later, Dole will apologize to Post reporter Bob Woodward for his comments.)
CREEP Accusations - Clark MacGregor, the chairman of the Committee to Re-elect the President (CREEP), holds a press conference to say, “The Post has maliciously sought to give the appearance of a direct connection between the White House and the Watergate—a charge the Post knows—and a half dozen investigations have found—to be false.” (MacGregor fields angry questions from the gathered reporters, some of whom bluntly challenge his credibility and his truthfulness, with stoicism, refusing to answer any of them, and instead sticking with his prepared statement.) MacGregor demands to know why the Post hasn’t investigated apparent campaign “dirty tricks” carried out against the Nixon campaign. Like Dole, MacGregor accuses the Post of collaborating with the Democrats, and even charges that Democratic presidential candidate George McGovern encouraged former defense analyst Daniel Ellsberg to leak the “Pentagon Papers” to the press (see March 1971).
Post Thinks Campaign Orchestrated by White House - Post executive editor Ben Bradlee, examining the statements by Ziegler, Dole, and MacGregor, is certain that the entire attack was orchestrated by the White House and perhaps by President Nixon himself. Bradlee issues a statement saying that everything the Post has reported on Watergate is factual and “unchallenged by contrary evidence.” He tells reporters Carl Bernstein and Bob Woodward that “this is the hardest hardball that has ever been played in this town,” and warns them to keep out of any compromising situations that could be used by the White House to challenge their credibility. After Nixon’s landslide presidential victory (see November 7, 1972), the attacks continue. Senior White House aide Charles Colson says, “The charge of subverting the whole political process, that is a fantasy, a work of fiction rivaling only Gone With the Wind in circulation and Portnoy’s Complaint for indecency.” (Stern and Johnson 5/1/1973; Bernstein and Woodward 1974, pp. 161-166; Woodward 2005, pp. 83-84)

After the New York Times verifies the phone calls to Nixon campaign provocateur Donald Segretti from Watergate burglar E. Howard Hunt (see October 12-15, 1972), it publishes an analysis of the White House’s attacks on the media (see October 16-November, 1972). The analysis, written by Robert Semple, Jr, says in part: “The essence of the administration’s recent counterattack to the charges that some of President Nixon’s created or at least condoned a network of political espionage and disruption has been to denounce the newspapers that print them without explicitly discussing them. Behind the strategy lie two assumptions that tell much about the administration’s perceptions of the voters and newspapers that serve them. Judging by recent interviews with Mr. Nixon’s aides, these assumptions seem to be widely shared in his inner circle. First, at the moment, the White House feels, the alleged conspiracy is perceived by most of the public as a distant and even amateurish intrigue far removed from the Oval Office, and thus a denial or even discussion of the charges by the White House would give those charges undeserved visibility and currency. The second is that the public—softened up by three years of speeches from Vice President Agnew—has less than total confidence that what it reads and hears—particularly in the so-called Eastern Establishment media—is true and undistorted by political prejudice. Hence the recent administration attacks on the Washington Post, which has been giving the corruption allegations front-page treatment…. Repeated requests to senior White House aides to get the full story, as they see it, have gone unanswered.… ‘Do you know why we’re not uptight about the press and the espionage business?’ one White House aide… asked rhetorically the other day. ‘Because we believe that the public believes that the Eastern press really is what Agnew said it was—elitist, anti-Nixon and ultimately pro-McGovern.” (Bernstein and Woodward 1974, pp. 169)

New York Times headline announcing Nixon victory.New York Times headline announcing Nixon victory. [Source: New York Times]Richard Nixon defeats Democratic presidential candidate George McGovern in the largest landslide in modern electoral history. Nixon wins over 60 percent of the votes and 49 of the 50 states. (Gerald R. Ford Library and Museum 7/3/2007) Democrats retain control of the House and Senate. Nixon’s victory breaches traditional Democratic strongholds in the Northeast, and his “Southern strategy” creates a “Solid South” of Republican support. Harry Dent, a White House aide involved in the “Southern strategy” of targeting conservative Democrats who once supported segregationist candidate George Wallace (see May 15, 1972), says, “[T]he Southern strategy is working—in fact, it’s working all over the country.” Democrats, on the other hard, were sharply divided throughout the campaign, with many traditional Democratically aligned organizations such as trade unions refusing to back the McGovern candidacy, problems with finding and keeping a suitable vice-presidential running mate, and McGovern surviving a challenge to his primary victory at the Democratic convention. (Broder 11/8/1972) The simmering Watergate investigations apparently have little drag on the Nixon re-election efforts.

The day after the elections (see November 7, 1972), President Nixon, appearing somber and even angry, calls a morning meeting with his White House staff. He briefly addresses the gathering, talking about how people can “exhaust themselves in government without realizing it,” then turns the meeting over to his chief of staff, H. R. Haldeman, and leaves. Haldeman informs the group that they will all submit letters of resignation by November 10. Nixon will decide which staffers will lose their jobs in a month’s time. An hour later, the two hold an identical meeting with the Cabinet. (Reeves 2001, pp. 541-542)

Washington Post reporters Carl Bernstein and Robert Meyers interview Donald Segretti, a Nixon campaign operative (see June 27, 1971, and Beyond), at Segretti’s home in Los Angeles. Segretti offers numerous interesting tidbits, but it is obvious that he knows little of real import. Worse, he adamantly refuses to go on the record with his material. Segretti says that he had no idea of the depth and complexity of the operation he was part of: “I didn’t know what it was all about. They never told me anything except my own role. I had to read the papers to find out.” He confirms that “they” is the White House. Segretti admits he was hired as a campaign operative by White House appointments secretary Dwight Chapin, discussed the job with Gordon Strachan (the assistant to White House chief of staff H. R. Haldeman), and was paid by President Nixon’s personal lawyer, Herbert Kalmbach. He believes Chapin and the others take their marching orders from Haldeman, but has no proof. He says he once met Watergate burglar G. Gordon Liddy in Miami; Liddy wanted him to carry out some sort of phony anti-Nixon campaign operation that would make the Democratic campaign look bad, but Segretti refused, saying, “I didn’t want anything to do with being violent or breaking the law” (see October 12-15, 1972). Though he admits he discussed his Watergate grand jury testimony with a White House aide (whom he refuses to identify), he insists his testimony was truthful and unrehearsed. (Bernstein and Woodward 1974, pp. 201-204)

White House aide Charles Colson and Watergate burglar E. Howard Hunt discuss Hunt’s demand for “hush money” (see June 20-21, 1972 and March 21, 1973) in a telephone call. Hunt says he called “because the commitments that were made to all of us [Hunt and the other six burglars, all of whom are facing trial] have not been kept.” He continues: “There’s a great deal of concern on the part of the seven defendants. There’s a great deal of financial expense here that is not covered. What we’ve been getting has been coming in very minor drips and drabs. We’re now reaching a point at which—” “Don’t tell me any more,” Colson interjects. Hunt says, “[T]his thing should not break apart for foolish reasons,” which Colson interprets as a veiled threat that Hunt will begin talking to prosecutors about his involvement in the Watergate conspiracy. Colson seems to get the message: “Christ no.… You’ve told me all I need to know… the less I know really about what happened, the more help I can be to you.” Hunt says: “We’ve set a deadline now for the close of business on November 25 for the resolution, the liquidation of everything that’s outstanding.… I’m talking about promises from July and August. We could understand some hesitancy prior to the election (see November 7, 1972), but there doesn’t seem to be any of that now. Of course, we’re well aware of the upcoming problems of the Senate” (see February 7, 1973). Colson replies, “That’s where it gets hairy as hell.” Hunt continues: “We’re protecting the guys who were really responsible. That’s a continuing requirement. But this is a two-way street.… We think now is the time when some moves should be made, and surely your cheapest commodity is money.” (Reston 2007, pp. 186-190) Shortly thereafter, Hunt receives more money from secret White House sources (see January 8-9, 1973).

White House secretary Kathleen Chenow (see June 28-July 3, 1972) confirms the existence of the “Plumbers,” the extralegal operation tasked with finding and closing media leaks (see Late June-July 1971). According to Chenow, the unit is made up of White House and Nixon campaign aides David Young, G. Gordon Liddy, E. Howard Hunt, and Egil Krogh. (O.T. Jacobson 7/5/1974 pdf file) Chenow says that Nixon’s senior aide John Ehrlichman supervised the activities of the unit. She explains: “Originally the administration had wanted a study of how close the New York Times version of the Pentagon Papers (see March 1971) was to the actual documents. Then they tried to determine how the Pentagon Papers got out. That started it all, the business of looking for leaks. For a while, they were studying State Department leaks. They checked embassy cables and tried to put two and two together about whose desks the cables went across.” The “Plumbers” also investigated reporter Jack Anderson. Chenow says that when she was interviewed by the FBI in April, Young, White House counsel John Dean, and Dean’s aide Fred Fielding were present. She adds that when she subsequently testified before the Watergate grand jury, she was puzzled that prosecutor Earl Silbert never asked her about Ehrlichman. (Bernstein and Woodward 1974, pp. 215-217)

Acting FBI director L. Patrick Gray burns key documents in the Watergate case. He has had the documents, originally kept in the safe of Watergate burglar E. Howard Hunt, in his possession for about five months. The two Nixon aides who gave him the documents, John Ehrlichman and John Dean, warned Gray that they were “political dynamite” and should never see the light of day. Gray dithers over what to do with the documents for that entire time period before finally burning them with his Christmas trash. The documents include falsified diplomatic cables that implicated former President John F. Kennedy in the assassination of President Ngo Dinh Diem of South Vietnam, and a dossier on Democratic Senator Edward Kennedy’s troubled personal life. Gray will later tell investigators that he destroyed the papers because they had no relation to Watergate, and in 2005 will admit that he destroyed them on direct orders from White House officials. He will say that he had no idea “that these guys are trying to sandbag me,” and will add, “I know it’s hard for people to think somebody could be so stupid, but I believed them.” (Purdom 7/7/2005) Gray will reveal his destruction of evidence during the Watergate investigation (see April 27-30, 1973).

Richard Perle, a senior staff member on the Senate Armed Services Committee and an aide to Senator Henry “Scoop” Jackson (see Early 1970s), uses his position to help fellow neoconservative Paul Wolfowitz gain a position with the Arms Control and Disarmament Agency (ACDA). Neoconservatives such as Perle and Wolfowitz do not believe in either arms control or disarmament (see 1965 and August 15, 1974). In 2004, author Stephen Green will write, “Wolfowitz also brought to ACDA a strong attachment to Israel’s security, and a certain confusion about his obligation to US national security” (see 1978). (Green 2/28/2004)

In 1973 Afghan Prince Muhammad Daoud ousts the Afghan king with help from the Soviet Union, and establishes an Afghan republic. The CIA in turn begins funding Islamist extremists, including Gulbuddin Hekmatyar, as a resistance movement opposing the Soviets. US allies Iran, with its intelligence agency SAVAK, and Pakistan, with its intelligence agency the ISI, play an important role in funneling weapons and other forms of assistance to the Afghan Islamist militants. After the pro-Soviet coup in April 1978, the Islamic militants with the support of the ISI carry out a massive campaign of terrorism, assassinating hundreds of teachers and civil servants. (Dreyfuss 2005, pp. 260 - 263)

During the Watergate trial of G. Gordon Liddy and James McCord (see January 30, 1973), Washington Post reporters Carl Bernstein and Bob Woodward begin poring over the exhibits and papers filed as evidence with the court. Woodward begins calling the phone numbers listed in the address books of the burglars (see June 18, 1972). He is told by one of the first people he calls: “The FBI? They never, never contacted me. I never talked to them.” Woodward is appalled that the FBI has made such a fundamental investigative failure of not calling all of the people listed in the books. (An FBI internal report will later attempt to explain the lapse—see July 5, 1974.)
Woodward Calls Witnesses - When the court releases the names of upcoming witnesses, Woodward begins calling them, too. He asks one witness, who knows burglar E. Howard Hunt (see January 8-9, 1973) very well, what he will testify to. “I’ll tell you what I could testify to, but [prosecutor Earl] Silbert won’t ask,” the witness replies. “If the judge does or any of the attorneys, I’ll say it.” The witness has already told everything he knows to Silbert and FBI investigators.
Ehrlichman Allegedly Ran Plumbers - He says that if asked, he would tell the court that, according to Hunt, White House aide John Ehrlichman was in charge of the Plumbers (see December 7, 1972). Hunt would have rather dealt with another White House aide, Charles Colson, “because Colson understood that such [secret intelligence gathering operations against political opponents] are necessary.” Ehrlichman was reluctant to implement some of Hunt’s schemes, the witness says, but Colson pushed them through. Former Nixon campaign chief John Mitchell received typed logs and reports of the wiretaps on the Democrats, the witness says.
Conspiracy Linked to Dean - Most surprisingly for Woodward, the witness says that when Hunt was in hiding from investigators (see June 18, 1972) and demanding a lawyer, he insisted that White House counsel John Dean find him one. This is the first time anyone has publicly connected Dean to the Watergate conspiracy.
Not Asked - As the witness predicts, he will not be asked any of this when he testifies. Woodward and Bernstein write a long analysis of the trial, headlined “Still Secret: Who Hired Spies and Why,” observing that the Liddy/McCord trial is notable for “questions that were not asked, answers that were not given, witnesses who were not called to testify, and some lapses of memory by those who were.” At the bond hearing for Liddy and McCord after the trial, Judge John Sirica will say that he hopes the proposed Senate investigation (see February 7, 1973) can find out what the trials did not. (Bernstein and Woodward 1974, pp. 237-241)

Four of President Nixon’s most trusted aides, H. R. Haldeman, John Ehrlichman, John Dean, and Richard Moore, meet at the La Costa Resort Hotel near Nixon’s home in San Clemente, California, to plan how to deal with the upcoming Senate Watergate Committee hearings (see February 7, 1973). The meetings are detailed in later testimony to the committee by Dean (see June 25-29, 1973). The group debates over which senators will be friends and which will be foes. Ehrlichman quips that Daniel Inouye (D-HI) should be called “Ain’t No Way” because “there ain’t no way he’s going to give us anything but problems.” Lowell Weicker (R-CT) is a Republican, but, says Dean, “an independent who could give the White House problems.” No one is sure which way co-chairman Howard Baker (R-TN) might go (see February 22, 1973). The only sure bet is Edward Gurney (R-FL), who one participant describes as “a sure friend and protector of the president’s interests” (see April 5, 1973). The aides decide to pretend to cooperate with the committee, but in reality, according to Dean’s testimony, “to restrain the investigation and make it as difficult as possible to get information and witnesses.” They discuss how to blame Democrats for similar, Watergate-like activities during their campaigns. Dean is taken aback when Haldeman suggests that the Nixon re-election campaign should “hire private investigators to dig out information on the Democrats.” Dean objects that such an action “would be more political surveillance.” But, he later testifies, “the matter was left unresolved.” (Time 7/9/1973)

White House counsel John Dean meets with President Nixon, who tells him that Watergate is taking up too much time from his top aides, H. R. Haldeman and John Ehrlichman. Henceforth, Dean can now stop reporting to them and report directly to Nixon. Dean finds Nixon’s rationale puzzling. According to Dean’s later testimony before the Senate Watergate Committee (see June 25-29, 1973), “He also told me that they were principals in the matter and I, therefore, could be more objective than they.” Dean isn’t sure what Nixon means by calling Haldeman and Ehrlichman “principals.” Dean later testifies that Nixon is adamant about never allowing either of the aides to “go to the Hill” and testify before the Senate. Instead, he says, he will protect them with a claim of executive privilege. At most, he says, the two aides will be allowed to respond to written questions. Dean tells Nixon that this “could be handled.” (Time 7/9/1973)

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