!! History Commons Alert, Exciting News
Profile: James St. Clair
James St. Clair was a participant or observer in the following events:
The Supreme Court, in the case of United States v. Nixon, votes 8-0 to uphold the subpoena of special prosecutor Leon Jaworski demanding the Watergate tapes for use in the trial of Nixon’s former aides (see March 1, 1974). (William Rehnquist, a Nixon appointee, recused himself from deliberations.) The Court rules, in an opinion written by Chief Justice Warren Burger, that Nixon’s claim of “executive privilege” authorizing him to keep the tapes to himself does not apply, and that his lawyers’ claim that neither the courts nor the special prosecutor have the authority to review the claim also has no weight. Jaworski and one of his senior staffers, Philip Lacovara, argued the case against an array of lawyers for Nixon headed by James St. Clair. The American Civil Liberties Union filed a “friend of the court” brief on behalf of Jaworski. [UNITED STATES v. NIXON, 7/24/1974; Gerald R. Ford Library and Museum, 7/3/2007]
Jerald terHorst. [Source: Dirck Halstead / Getty Images]During a White House press briefing, Press Secretary Jerald terHorst is grilled about the fate of the thousands of hours of recordings made by former President Richard Nixon, recordings clandestinely made by Nixon of conversations with his aides, staffers, advisers, and visitors (see February 1971 and July 13-16, 1973). The practice of secretly recording White House conversations began with Franklin D. Roosevelt, but Nixon had gone far beyond the simple recording systems made by his predecessors. He had hidden microphones in the lamps and room fixtures in the Oval Office, his office in the Executive Office Building (EOB), the Cabinet Room, and in the Aspen Lodge at Camp David. In all, he made over 3,700 hours of recordings between July 1971 and July 1973. The tapes are loaded with evidence of criminal conspiracies and deeds involving Nixon and dozens of his closest advisers and aides, and are of intense interest to reporters and the Watergate prosecutors. TerHorst causes a stir when he tells listeners that the tapes are currently being guarded by Secret Service personnel, and “they have been ruled to be the personal property” of Nixon. Ruled by whom? reporters demand. The “ruling” is based on a “formal,” albeit unwritten, legal opinion by White House lawyers Fred Buzhardt and James St. Clair, who had helped frame Nixon’s Watergate defense. TerHorst is unaware of the legal dispute over the tapes brewing in the White House and in the office of Leon Jaworski, the Watergate special prosecutor. Ford was not involved in the decision to turn the materials over to Nixon, says terHorst, but concurs in it. TerHorst is speculating far more than the reporters realize; he has been given little information and only scanty guidance from Buzhardt. When asked if the decision to give the documents and tapes to Nixon comes from “an agreement among the different staffs, the special prosecutor, the Justice Department, and the White House legal staff,” terHorst replies unsteadily, “I assume there would be because I’m sure neither one would just take unilateral action.” [Werth, 2006, pp. 71-75]
The cover of ‘Conservatives Without Conscience.’ [Source: Barnes and Noble (.com)]Author and former Nixon White House counsel John Dean writes in his book Conservatives Without Conscience that it was never public opinion that drove Richard Nixon to resign his office (see August 8, 1974).
Loss of Support among White House Officials Forced Resignation - In 1981, social scientist Bob Altermeyer wrote in his book Right Wing Authoritarianism that Nixon resigned, not because of his plummeting poll ratings, but “because [Nixon]‘s attorney had forced the disclosure of evidence so damaging that it seemed certain he would be convicted of high crimes by the Senate.” Dean approvingly cites Altermeyer’s conclusion and adds, “This is true, but there is more to the story.” Nixon had a number of legal recourses to answer any charges brought against him, Dean writes, “many of which [President] Bush and [Vice President] Cheney are promoting today under the rubric of national security and the inherent power of the presidency.” Nixon finally resigned, Dean argues, not because of public opinion, or of fear of the law, or even because of the erosion of support he suffered among members of Congress. It was the abandonment of Nixon by his own defenders in the White House that finally drove Nixon to resign. “Other than White House counsel Fred Buzhardt, and possibly chief of staff Al Haig (with whom Buzhardt had roomed at West Point), no one was aware that Nixon was lying about what he knew and when he knew it once the cover-up had initially fallen apart. Nixon provided the lawyer he had hired to defend him in the House’s impeachment inquiry (see May 9, 1974), James St. Clair, with false information, and St. Clair—as it happened—was a man of integrity and not a right-wing authoritarian follower. When he found out that his client had lied to him he had two choices: to resign or to join the new cover-up. He was, as it happened, interested in participating in the latter.”
Bush, Cheney Would Defy Law, Dean Argues - Dean continues: “Nixon at one point considered defying the Supreme Court ruling that he turn over his incriminating tapes (evidence that revealed that his defense was a sham) (see July 24, 1974) on the very grounds that Bush and Cheney argue. They have authority under the Constitution to read it and comply with it as they see fit. Once it was apparent that Richard Nixon had broken the law, he made the most significant decision of his presidency: the decision to honor the rule of law and resign.… [T]here is little doubt in my mind that Bush and Cheney, in the same situation, would not budge; rather, they would spin the facts as they always have, and move forward with their agenda. The president and vice president, it appears, believe the lesson of Watergate was not to stay within the law, but rather not to get caught. And if you do get caught, claim that the president can do whatever he thinks necessary in the name of national security.” [Dean, 2006, pp. 181-182]
Receive weekly email updates summarizing what contributors have added to the History Commons database
Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.