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Profile: Archibald Cox

Archibald Cox was a participant or observer in the following events:

Archibald Cox.Archibald Cox. [Source: Bettmann / Corbis]Attorney General Elliot Richardson names former Solicitor General Archibald Cox as the Justice Department’s special prosecutor for Watergate. Cox is officially sworn in on May 25. [Washington Post, 2008] Cox, who served in the Kennedy administration, says: “This is a task of tremendous importance. Somehow, we must restore confidence, honor and integrity in government.” Richardson says Cox’s appointment should allay suspicions that the White House will try to influence the investigation, but, “There wasn’t going to be any influence from the White House anyway.” Cox is not Richardson’s first choice for the job. Judge Harold Tyler turned the job down, not wanting to leave the bench and unsure how much independence he would truly have in conducting the investigation. Former Deputy Attorney General Warren Christopher cited similar concerns over “the requisite independence” of the position in turning down the job. Another choice, retired judge and current Wall Street lawyer David Peck, cited “urgent commitments to clients of long standing” as his reason for not taking the post; Richardson’s fourth choice, Colorado Supreme Court Justice William Erickson, was apparently never asked to take the job. Cox is not considered the best choice by Richardson because he lacks extensive experience in criminal prosecutions; Richardson intends to name a deputy for Cox who has such experience in trial work. Cox is not related to Nixon’s son-in-law, Edward Finch Cox. [Washington Post, 5/19/1973]

Entity Tags: US Department of Justice, David Peck, Archibald Cox, Edward Finch Cox, Harold Tyler, William Erickson, Elliot Richardson, Warren Christopher

Timeline Tags: Nixon and Watergate

Watergate special prosecutor Archibald Cox and the Senate Watergate Committee demand that President Nixon hand over a selection of presidential documents and the secret White House tapes (see July 13-16, 1973). Nixon refuses to hand over any of the requested material. [Gerald R. Ford Library and Museum, 7/3/2007] He invokes “executive privilege,” which Nixon says is essential to maintaining the constitutional mandate of the separation of powers between the executive and legislative branches. Cox immediately subpoenas the documents and tapes, as does the Senate committee. Commitee chairman Sam Ervin (D-NC) says: “I deeply regret that this situation has arisen, because I think that the Watergate tragedy is the greatest tragedy this country has ever suffered. I used to think that the Civil War was our country’s greatest tragedy, but I do remember that there were some redeeming features in the Civil War in that there was some spirit of sacrifice and heroism displayed on both sides. I see no redeeming features in Watergate.” Vice chairman Howard Baker (R-TN) is a bit more equivocal, saying he is disappointed in being “on the brink of a constitutional confrontation between the Congress and the White House.” The documents, Baker says, are “essential, if not vital, to the full, thorough inquiry mandated and required of this committee.” In a letter to Ervin, Nixon says the tapes are not essential to the investigation; he has personally gone through them and they “are entirely consistent with what I know to be the truth and what I have stated to be the truth.” However, some of the comments on the tapes could be misconstrued, he says, and much of the conversations on the tapes are of a “frank and very private” nature. The tapes will remain “under my sole personal control,” Nixon writes. “None has been transcribed or made public and none will be.” Cox argues that, as a member of the executive branch himself, there is no issue over separation of powers; White House consultant Charles Alan Wright retorts in a letter to Cox that since he does not report either to the attorney general or the president, his role is hard to define. But if Cox is indeed a member of the executive branch, “you are subject to the instructions of your superiors, up to and including the president, and can have access to presidential papers only as and if the president sees fit to make them available to you.” Even more importantly, Wright notes, if the tapes become available to the judiciary, then the argument of separation of powers involving the executive and judicial branches is an issue. Cox rejects Wright’s argument. The ultimate arbiter of this dispute may not even be the Supreme Court, as it has no power to compel Nixon to turn over the tapes even if it rules against him. Impeachment and conviction seems the only legal method to ultimately force Nixon’s hand if he continues to be recalcitrant. [Washington Post, 7/24/1973]

Entity Tags: US Supreme Court, Archibald Cox, Charles Alan Wright, Sam Ervin, Richard M. Nixon, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

Henry Petersen.Henry Petersen. [Source: Spartacus Educational]Former Attorney General Richard Kleindienst and Assistant Attorney General Henry Petersen testify before the Senate Watergate Committee. Both say they had been disturbed by the amount of White House interference they had gotten over their attempts to investigate the Watergate burglary, particularly from White House aide John Ehrlichman. Kleindienst tells of a phone call from Ehrlichman to Petersen demanding that the Justice Department stop “harassing” Maurice Stans, the former Nixon re-election campaign finance chairman. Kleindienst recalls that he told Ehrlichman he was flirting with an obstruction of justice charge, and threatened to resign “if the president tells me that you have the authority and the power to give specific instructions to people in the Department of Justice.” Ehrlichman reassured Kleindienst that “it will never happen again.” Kleindienst also recalls Ehrlichman coming to him in early 1973 asking for “technical” advice about securing lenient sentences or even presidential pardons for the Watergate burglars (see 2:30 a.m.June 17, 1972). Ehrlichman “did not have much of a knowledge of the criminal justice system,” Kleindienst says, and asked such questions as “What happens when somebody is convicted of a crime?… When are you eligible for a pardon? When do the circumstances arise for executive pardon?” (Ehrlichman has already testified that he never sought any executive clemency for one of the burglars, E. Howard Hunt.) Kleindienst testifies that when he told Petersen of the conversation, Petersen declared that the defendants would almost certainly do “jail time,” and said he would strongly oppose any efforts to grant anyone clemency. Petersen testifies that Kleindienst replied, “Tell those crazy guys over there [at the White House] what you just told me before they do something they will be sorry for.” For his part, Petersen says it struck him most how suspiciously everyone at the White House and the re-election campaign were acting. “There were no records,” he recalls. “Things were destroyed. They didn’t act like innocent people. Innocent people come in and say: ‘Fine, what do you want to know?’ It was not like that.” Petersen says that he and the Justice Department could and would have solved the entire case, and that they had the case 90 percent solved when Archibald Cox was appointed to take over the investigation (see May 18, 1973). “Damn it!” he cries, “I resent the appointment of a special prosecutor!” [Time, 8/20/1973]

Entity Tags: John Ehrlichman, Archibald Cox, E. Howard Hunt, Henry Peterson, Nixon administration, Senate Watergate Investigative Committee, US Department of Justice, Maurice Stans, Richard Kleindienst

Timeline Tags: Nixon and Watergate

President Nixon, still attempting to circumvent the courts’ insistence that he hand over relevant tapes of his White House conversations (see July 13-16, 1973) to the Watergate investigation, offers a compromise: He will personally prepare “summaries” of the tapes for Special Prosecutor Archibald Cox, and allow Senator John Stennis (D-MS) to listen to the tapes and authenticate the summaries’ accuracy. In return, Cox must agree not to subpoena or otherwise seek further tapes or other records of Nixon’s conversations. Cox will refuse (see October 19-20, 1973). [Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Archibald Cox, Richard M. Nixon, John Stennis

Timeline Tags: Nixon and Watergate

Former White House counsel John Dean pleads guilty to one count of conspiracy to obstruct justice in regards to his role in the Watergate cover-up. In return for his continued cooperation with the FBI and the Senate Watergate Committee (see April 6-20, 1973), Special Prosecutor Archibald Cox grants Dean immunity from any further Watergate-related charges. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: Archibald Cox, John Dean, Senate Watergate Investigative Committee, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Washington Post headline of firings.Washington Post headline of firings. [Source: Washington Post]After Watergate special prosecutor Archibald Cox refuses President Nixon’s offer of a “compromise” on the issue of the White House tapes (see October 19, 1973), Nixon orders (through his chief of staff Alexander Haig) Attorney General Elliot Richardson to fire Cox. Richardson refuses the presidential order, and resigns on the spot. Haig then orders Deputy Attorney General William Ruckelshaus to fire Cox. Ruckelshaus also refuses, and resigns also. Haig finally finds a willing Justice Department official in Solicitor General Robert Bork, who is named acting attorney general and fires Cox. (Of the firing, Bork tells reporters, “All I will say is that I carried out the president’s directive.”) White House press secretary Ronald Ziegler announces that the Office of the Special Prosecutor has been abolished. FBI agents are sent to prevent Cox’s staff from taking their files out of their offices. Ziegler justifies the firing by saying that Cox “defied” Nixon’s instructions “at a time of serious world crisis” and made it “necessary” for Nixon to discharge him. After his firing, Cox says, “Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people.” The press dubs Cox’s firings and the abolishment of the OSP the “Saturday Night Massacre,” and the public reacts with a fury unprecedented in modern American political history. In a period of ten days, Congress receives more than a million letters and telegrams (some sources say the number is closer to three million), almost all demanding Nixon’s impeachment. Congress will soon launch an impeachment inquiry. Former Washington Post editor Barry Sussman writes in 1974 that Cox’s firing was not a result of impetuous presidential anger. Nixon had been more than reluctant to accept a special prosecutor for Watergate. Cox, named special prosecutor in the spring of 1973, had quickly earned the ire of White House officials and of Nixon himself, and by October 7, Nixon had announced privately that Cox would be fired. [Washington Post, 10/21/1973; Sussman, 1974, pp. 251; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: John Sirica, Archibald Cox, Alexander M. Haig, Jr., Barry Sussman, Federal Bureau of Investigation, Richard M. Nixon, William Ruckelshaus, John Stennis, Elliot Richardson, Robert Bork, Ron Ziegler

Timeline Tags: Nixon and Watergate

Time magazine cover featuring Leon Jaworski.Time magazine cover featuring Leon Jaworski. [Source: Time]Leon Jaworski is named the new special prosecutor for the Watergate investigation, replacing the fired Archibald Cox (see October 19-20, 1973). President Nixon also names William Saxbe as the new attorney general, replacing Elliot Richardson. [O.T. Jacobson, 7/5/1974 pdf file; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: Elliot Richardson, Archibald Cox, Richard M. Nixon, William Saxbe, Leon Jaworski

Timeline Tags: Nixon and Watergate

Rose Mary Woods.Rose Mary Woods. [Source: Genevieve Naylor / Corbis]A gap of 18 and ½ minutes is found on the tape of a conversation between President Nixon and his aide, H. R. Haldeman, from June 20, 1972 (see July 13-16, 1973). Nixon lawyer Fred Buzhardt says he has no explanation for “the phenomenon.” Nixon’s secretary, Rose Mary Woods, denies any deliberate erasure. But electronics experts will eventually find that the tape has been deliberately erased at least five separate times. White House chief of staff Alexander Haig will blame “some sinister force” for the erasure.
Watergate Discussed - Former Watergate special prosecutor Archibald Cox’s subpoena of the tape (see July 23-26, 1973) says that “there is every reason to infer that the meeting included discussion of the Watergate incident.” That supposition is bolstered by previous testimony from former White House aide John Ehrlichman (see July 24, 1973). Watergate prosecutor Leon Jaworski says he is considering having all the remaining Watergate tapes placed under guard to prevent any further tampering. [Washington Post, 11/22/1973; Gerald R. Ford Library and Museum, 7/3/2007]
Three Suspects - Evidence later shows that only three people could have made the erasure: Woods; Stephen Bull, Nixon’s assistant; and Nixon himself. [Reston, 2007, pp. 33]
Washington Post Learns of Gap - Washington Post reporter Bob Woodward learned of “deliberate erasures” in the first week of November from his FBI source, W. Mark Felt (see May 31, 2005). White House sources confirmed that the tapes were often of poor quality, and that some inadvertent gaps existed, but, as press secretary Ron Ziegler tells Woodward’s colleague Carl Bernstein, to say that those gaps were deliberate would be “inaccurate.” When the deliberate gap is reported, Ziegler calls Bernstein to say that he did not know about the gap beforehand. Neither Bernstein nor Woodward doubt Ziegler—by this time, it is obvious that Nixon’s paranoia and penchant for secrecy extends even to the most trusted members of his staff. [Bernstein and Woodward, 1974, pp. 333-334]
Symbolic - In 2005, Woodward will write: “The missing 18 1/2-minute gap soon becomes a symbol for Nixon’s entire Watergate problem. The truth had been deleted. The truth was missing.” [Woodward, 2005, pp. 103]

Entity Tags: Rose Mary Woods, Stephen Bull, Richard M. Nixon, W. Mark Felt, Leon Jaworski, Ron Ziegler, H.R. Haldeman, Archibald Cox, Alexander M. Haig, Jr., John Ehrlichman, Carl Bernstein, Fred Buzhardt, Bob Woodward

Timeline Tags: Nixon and Watergate

President Bush personally intervenes in a Justice Department attempt to investigate the NSA’s domestic surveillance program (see May 9, 2006), refusing to grant the Justice Department’s investigators routine security clearances so they can proceed with the investigation. Bush’s intervention is later admitted by Attorney General Alberto Gonzales in testimony before the Senate Judiciary Committee on July 18, 2006. Bush’s action to block the granting of clearances to the Justice Department’s Office of Professional Responsibility (OPR) is unprecedented, and astonishes many legal experts. As a result of his decision, the OPR has no choice but to drop the investigation (see May 9, 2006). The OPR investigation would not have determined whether the surveillance program was illegal or unconstitutional; rather, the office would have investigated “allegations of misconduct involving department attorneys that relate to the exercise of their authority to investigate, litigate, or provide legal advice,” according to the office’s policies and procedures. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006; National Journal, 3/15/2007]
Stopping Gonzales from Being Investigated - The press later learns that had the probe gone forward, Gonzales himself would have been a prime target of inquiry. It is unclear if Bush knows the OPR investigation would have focused on Gonzales. The probe would have focused on Gonzales’s role in authorizing the eavesdropping program while he was White House counsel, as well as his subsequent oversight of the program as attorney general. Before Bush shuts down the probe, OPR investigators were preparing to question two crucial witnesses—Jack Goldsmith, the former chief of the Justice Department’s Office of Legal Counsel, and James A. Baker, the counsel for the department’s Office of Intelligence Policy and Review. Both Goldsmith and Baker had raised questions about the propriety and legality of numerous aspects of the wiretapping program. The OPR would have also examined documents detailing Gonzales’s participation in the program. [National Journal, 3/15/2007]
OPR Chief Counsel Protests Decision - Upon Gonzales’s admission of Bush’s action, OPR chief counsel H. Marshall Jarrett responds: “Since its creation some 31 years ago, OPR has conducted many highly sensitive investigations involving executive branch programs and has obtained access to information classified at the highest levels. In all those years, OPR has never been prevented from initiating or pursuing an investigation.” Jarrett notes in other memos that clearances had previously been granted to lawyers and agents from the Justice Department and the FBI who were assigned to investigate the original leak of the NSA program’s existence to the media. He also writes that numerous other investigators and officials, including members of Congress and the members of a federal civil liberties board, had been granted access to or been briefed on the program. On March 21, he will write to Gonzales’s deputy, “In contrast, our repeated requests for access to classified information about the NSA program have not been granted.” Gonzales will defend the president’s decicion by saying, in a letter to Judiciary Committee Chairman Arlen Specter (R-PA), that Bush “decided that protecting the secrecy and security of the program requires that a strict limit be placed on the number of persons granted access to information about the program for non-operational reasons. Every additional security clearance that is granted for the [program] increases the risk that national security might be compromised.” In other words, granting the OPR investigators routine security clearances, as has been done countless times in the last three decades as well as in the instances noted by Jarrett, would have jeopardized national security, according to Gonzales’s reasoning. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006] “It is very difficult to understand why OPR was not given clearance so they could conduct their investigation,” Specter will say. “Many other lawyers in the Department of Justice had clearance.” [Boston Globe, 7/19/2006]
OPR Investigators Seeking Information Already in Justice Department's Possession - The questions surrounding the refusal to grant security clearances deepen when it is learned that the OPR investigators were only seeking information and documents relating to the NSA’s surveillance program that were already in the Justice Department’s possession, according to two senior government officials. The only classified information that OPR investigators were seeking was what had already been given to former Attorney General John Ashcroft, Gonzales, and other department attorneys in their original approval and advice on the program, the two senior government officials say. OPR’s request was limited to documents such as internal Justice Department communications and legal opinions, and didn’t extend to secrets that are the sole domain of other agencies. [National Journal, 5/29/2006]
OPR No; Private Citizens Yes - Jarrett will also note in his March 21 letter that, while Bush refused security clearances to OPR investigators, five “private individuals” who serve on Bush’s “Privacy and Civil Liberties Oversight Board have been briefed on the NSA program and have been granted authorization to receive the clearances in question.” Private citizens, especially those who serve only part-time on governmental panels, have traditionally been considered higher security risks than full-time government employees, who can lose their jobs or even be prosecuted for leaking to the press. Jarrett says that in contrast to the private individuals on Bush’s advisory board, OPR’s “repeated requests for access to classified information about the NSA have not been granted. As a result, this office, which is charged with monitoring the integrity of the department’s attorneys and with ensuring that the highest standards of professional ethics are maintained, has been precluded from performing its duties.” Michael Shaheen, who headed the OPR from its inception until 1997, will say that his staff “never, ever was denied a clearance” and that OPR under his leadership had conducted numerous investigations involving the activities of various attorneys general. “No attorney general has ever said no to me,” Shaheen says. [National Journal, 7/18/2006]
Inquiry Opened - The Justice Department’s inspector general, Glenn Fine, will open a preliminary inquiry into how the FBI has used the NSA’s surveillance data, which has often been obtained without judicial warrants and is considered by many legal experts to be illegal. Representative Maurice Hinchey (D-NY), who led the Congressional calls for an investigation of the NSA, says Bush’s decision is an example of “an administration that thinks it doesn’t have to follow the law.” [Washington Post, 7/19/2006] “We can’t have a president acting in a dictatorial fashion,” he says. [USA Today, 7/18/2006]
'Abusing' Their Offices? - Bruce Fein, a Republican constitutional lawyer who served in Ronald Reagan’s Justice Department, compares Gonzales unfavorably to Elliot Richardson, who resigned in 1973 rather than obey then-President Nixon’s order to fire Watergate special prosecutor Archibald Cox. “If he was like Elliot Richardson, he’d say, ‘Mr. President, I quit,’” Fein observes. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] In 2007, law professor and legal ethics expert Charles Wolfram will say that if Gonzales did not inform the president that he might be a target of the OPR investigation, then he ill-served Bush and abused “the discretion of his office” for his own benefit. However, Wolfram will continue, if Gonzales did inform Bush that the probe might harm Gonzales, then “both [men] are abusing the discretion of their offices.” [National Journal, 3/15/2007]
Defending Bush's Decision - Bush officials dismiss the attempted investigation, and the criticisms by Fein, Hinchey, and others, as politically motivated. White House press secretary Tony Snow says the NSA wiretapping program is adequately supervised by internal oversight procedures, including periodic reviews by Gonzales. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] “The Office of Professional Responsibility was not the proper venue for conducting that,” Snow says. He adds that Bush’s denial of the security clearances is warranted because “in the case of a highly classified program, you need to keep the number of people to it tight for reasons of national security, and that was what he did.” [National Journal, 3/15/2007]

Entity Tags: Maurice Hinchey, John Ashcroft, James Baker, Michael Shaheen, US Department of Justice, Office of Professional Responsibility, National Security Agency, Ronald Reagan, Jack Goldsmith, H. Marshall Jarrett, Elliot Richardson, George W. Bush, Alberto R. Gonzales, Archibald Cox, Glenn Fine, Arlen Specter, Charles Wolfram, Bruce Fein, Federal Bureau of Investigation, Senate Judiciary Committee, Tony Snow

Timeline Tags: Civil Liberties

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