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During the 24-year Indonesian occupation of East Timor (see December 7, 1976), the UN passes a number of resolutions condemning the invasion and occupation. However, it is unable to enforce them without the support of the US, British, Australian and Portuguese governments, which repeatedly abstain from voting on the resolutions, while some of them continue to sell arms to Indonesia. Daniel Patrick Moynihan, the US ambassador to the UN during the administration of Gerald Ford, will later admit in his memoirs: “The Department of State desired that the United Nations prove utterly ineffective in whatever measures it undertook [with regard to East Timor]. The task was given to me, and I carried it forward with no inconsiderable success.” [John Pilger, 1994; Scott, 1998; Pacific News Service, 5/20/2002; Mercury News (San Jose), 9/16/2002]
Jimmy Carter’s pre-election autobiography. [Source: Kingsway Publications]In an autobiography entitled Why Not The Best? published during his successful run for the White House, Democrat Jimmy Carter says that “the unnecessary proliferation of atomic weapons” is the greatest danger facing the world. During the presidential campaign, Carter will condemn the failure of the incumbent, Republican Gerald Ford, to denounce a recent nuclear bomb test by India, and his slow response to a deal by the French to sell Pakistan a reprocessing plant that could be used as a part of a nuclear weapons program. However, following the Soviet invasion of Afghanistan in late 1979, the Carter administration will turn a blind eye to Pakistan’s nuclear program (see December 26, 1979). [Armstrong and Trento, 2007, pp. 62]
Anti-tax protester and Posse Comitatus member Gordon Kahl (see 1967 - 1973), after two years spent preaching the virtues of Christian Identity and anti-tax ideology to his fellow West Texas oilfield workers, joins five fellow protesters in giving a television interview in Midland, Texas. They declare their opposition to income taxation and encourage viewers to do the same. The television interview brings Kahl to the attention of the IRS, and in December he is arrested for failing to file income tax returns for 1973 and 1974. Asked by the judge if he understands the nature of the proceedings being brought against him, Kahl replies, “I understand God’s law but I’m not too good on Satan’s law,” echoing his belief that the federal income tax laws were written by what he calls “satanic Jews.” He tells the judge that he had not forgotten to file his taxes, he refused to file them out of religious conviction. The judge and jury refuse to countenance his Posse arguments, and he is convicted, sentenced to a year in prison, five years’ probation, and a psychiatric evaluation. He is also ordered to pay his back taxes. Kahl is released after several months, but loses his appeal and spends eight more months in prison before being released in August 1979. Instead of obeying court orders to file his returns and pay his back taxes, Kahl defies his court orders and begins mounting up a steady debt to the IRS. In November 1980, the government puts a lien on his property, and seizes it for non-payment in 1981. A warrant for Kahl’s arrest is issued in North Dakota, his last known place of residence. [Levitas, 2002, pp. 193-194] Kahl flees the warrant and will later kill two police officers outside Medina, North Dakota, when they try to apprehend him (see February 13, 1983 and After).
James Wickstrom. [Source: Southern Poverty Law Center]James Wickstrom, a tool salesman and former mill worker angered by what he saw as less-qualified African-American workers bypassing him in receiving raises and promotions, meets Thomas Stockheimer (see 1974), a member of the violent anti-tax, racist, and anti-Semitic organization Posse Comitatus (see 1969). Wickstrom walks by Stockheimer’s “Little People’s Tax Party” office in Racine, Wisconsin, each week, and is accosted by Stockheimer, who asks him: “Do you know who you are? Do you really know who you are? Do you know that you’re an Israelite?” Initially Wickstrom is offended at being called, he believes, a Jew, but after a discussion, leaves with two audiotapes of sermons by Posse founder William Potter Gale that tell him he is a member of God’s chosen people, a member of the “true” Israelite tribe; Jews are the offspring of Satan and are unworthy of being called Israelites. Blacks, Gale preaches, are subhuman, no better than beasts of the field, and merely tools of the Jewish conspiracy to destroy white Western society. Wickstrom finds Gale’s message appealing, and he joins Stockheimer in setting up a Bible study group. Wickstrom follows in Gale’s footsteps and becomes an adherent of the Christian Identity ideology (see 1960s and After). Stockheimer flees Racine ahead of the police, who intend to have him complete his jail sentence for assaulting an IRS agent, and Wickstrom quits his job and moves to Schell City, Missouri; he will later explain the move, saying, “I wanted to be with like-minded people.” He buys property near Identity minister Dan Gayman, becomes a teacher at a small private school operated by Gayman and another Identity minister, Loren Kallstrom, and in 1977 founds his own church, Mission of Jesus the Christ Church, living off tithes and donations. After a falling out with Gayman, in 1978 Wickstrom moves back to Wisconsin, at the invitation of Posse member Donald Minniecheske, who wants him to take part in the establishment of a Posse compound on the shores of the Embarrass River (see 1978 - 1983). [Southern Poverty Law Center, 12/2004]
An application known as PROMIS, the Prosecutor’s Management Information System, is developed. [Wired News, 3/1993] It is designed to be used to keep track of criminal investigations through a powerful search engine that can quickly access all data items stored about a case. [Salon, 7/23/2008] William Hamilton, one of the application’s developers, will describe what it can be used to do: “Every use of PROMIS in the court system is tracking people. You can rotate the file by case, defendant, arresting officer, judge, defence lawyer, and it’s tracking all the names of all the people in all the cases.” Wired magazine will describe its significance: “What this means is that PROMIS can provide a complete rundown of all federal cases in which a lawyer has been involved, or all the cases in which a lawyer has represented defendant A, or all the cases in which a lawyer has represented white-collar criminals, at which stage in each of the cases the lawyer agreed to a plea bargain, and so on. Based on this information, PROMIS can help a prosecutor determine when a plea will be taken in a particular type of case.” In addition, PROMIS can integrate several databases without requiring any reprogramming, meaning it can “turn blind data into information.” PROMIS is developed by a private business entity that will later become the company Inslaw, Inc. Although there will later be a series of disputes over the application’s use by the US government and others, this version of PROMIS is funded by a Law Enforcement Assistance Administration grant and is therefore in the public domain. [Wired News, 3/1993]
Vice President Nelson Rockefeller (see December 19, 1974 and After) is instrumental in keeping Senate Democrats from finding out too much about the intelligence community’s excesses. When the New York Times reveals the existence of a decades-old illegal domestic surveillance program run by the CIA (see December 21, 1974), President Ford heads off calls from Democrats to investigate the program by appointing the “Rockefeller Commission” to investigate in the Democrats’ stead. Senate Democrats, unimpressed with the idea, create the Church Committee to investigate the intelligence community (see April, 1976). Rockefeller is adept at keeping critical documents out of the hands of the Church Committee and the press. When Senator Frank Church asks for materials from the White House, he is told that the Rockefeller Commission has them; when he asks Rockefeller for the papers, he is told that he cannot have them because only the president can authorize access. One Church aide later calls Rockefeller “absolutely brilliant” in denying them access in a friendly manner. “He winked and smiled and said, ‘Gee, I want to help you but, of course I can’t—not until we’ve finished our work and the president approves it,’” the aide recalls. Senator John Tower (R-TX), the vice chairman of the committee, will later reflect, “We were very skillfully finessed.” But even Rockefeller, who has his own history of involvement with the CIA, is taken aback at the excesses of the CIA, particularly its history of assassinating foreign leaders. Rockefeller will eventually turn that information over to the Church Committee, giving that body some of the most explosive evidence as yet made public against the agency. [US Senate, 7/7/2007]
H. R. Haldeman testifying to Congress in July 1973. Haldeman’s testimony was damaging to all four defendants. [Source: Bettmann / Corbis]Former Nixon aides John Ehrlichman, H. R. Haldeman, and John Mitchell, along with former Mitchell aide Robert Mardian, are convicted of various Watergate-related crimes, including conspiracy, obstruction of justice, fraud, and perjury. Haldeman, Ehrlichman, and Mitchell receive sentences of two to eight years in prison; Mardian will be given a sentence of ten months to three years. They immediately appeal their convictions on the grounds that they could not receive a fair trial because of the massive publicity surrounding Watergate. This was the same argument President Nixon’s lawyers used to influence President Ford’s decision to pardon Nixon (see September 8, 1974). The appeals court will reject the contention. [New York Times, 2/16/1999; Werth, 2006, pp. 334]
Ehrlichman Asks for Leniency - All four will write letters to Judge John Sirica asking for leniency in sentencing. The only letter that is made public is Ehrlichman’s; he writes of his “profound regret” for his role in the Watergate conspiracy, and adds: “I have been found to be a perjurer. No reversal on appeal can remove the stigma.” Ehrlichman asks that he be allowed to spend his sentence working with the Pueblo Indians of New Mexico, using his legal talents to help them with land-use problems. Sirica will ignore the letter in his sentencing. Sirica will also ignore Haldeman’s argument that he only did the bidding of his boss, President Nixon, and that since Nixon never served jail time, neither should Haldeman. Mitchell, mired in divorce proceedings from his wife, says of the sentence: “It could have been a hell of a lot worse. They could have sentenced me to spend the rest of my life with Martha Mitchell.” [Time, 3/3/1975]
'Abdicated My Moral Judgments' - Reflecting on his conviction and his conduct during the Nixon years, Ehrlichman will say in 1977: “I abdicated my moral judgments and turned them over to somebody else. And if I had any advice for my kids, it would be never—to never, ever—defer your moral judgments to anybody: your parents, your wife, anybody.” [New York Times, 2/16/1999]
The Los Angeles Times prints the first story on the apparently failed Project Jennifer, the CIA’s 1974 attempt to raise a sunken Soviet submarine (see June 20-August 14, 1974). [Federation of American Scientists, 9/14/2006] The New York Times’s Seymour Hersh had learned of the secret project in mid-1974, and had prepared a story for publication while it was still underway, but the CIA persuaded the newspaper not to publish the story. After the Los Angeles Times prints its piece, the New York Times publishes the Hersh story, with a lengthy explanation of the agreement not to publish the story almost a year before. [Salon, 12/22/2005]
A State Department official tells Congress, “[T]he nature of the island [of Diego Garcia] itself, which is a rather small piece of land, is also fortuitous in that it has no local population whatsoever so we have a minimal degree of the sort of political problems that are sometimes associated with establishing a facility of this sort.” [US Congress, 11/4/1975]
FBI official R. E. Lewis writes an internal memo suggesting that the FBI disclose “some information from the Watergate investigation aimed at restoring to the FBI any prestige lost during that investigation. He argues, “Such information could also serve to dispel the false impression left by the book All the President’s Men (see June 15, 1974) that its authors, Carl Bernstein and Bob Woodward, not the FBI, solved the Watergate case.”
FBI Ahead of Reporters - “[A] comparison of the chronology of our investigation with the events cited in All the President’s Men will show we were substantially and constantly ahead of these Washington Post investigative reporters,” Lewis writes. “In essence, they were interviewing the same people we had interviewed but subsequent to our interviews and often after the interviewer had testified before the grand jury. The difference, which contributes greatly to the false image, is that the Washington Post blatantly published whatever they learned (or thought they learned) while we reported our findings to the US attorney and the Department [of Justice] solely for prosecutorial consideration.”
Decision Not to Go Public - The FBI will decide not to make any of its information public, citing ongoing prosecutions. In 2005, Woodward will counter: “What Long didn’t say—and what Felt [FBI deputy director Mark Felt, Woodward’s “Deep Throat”—see May 31, 2005] understood—was that the information wasn’t going anywhere until it was public. The US attorney and the Justice Department failed the FBI, as they folded too often to White House and other political pressure to contain the investigation and prosecution to the Watergate bugging (see 2:30 a.m.June 17, 1972). There was also a failure of imagination on the part of lots of experienced prosecutors, including US Attorney Earl Silbert, who could not initially bring himself to believe that the corruption ran to the top of the Justice Department and the White House. Only when an independent special prosecutor was appointed (see May 18, 1973) did the investigation eventually go to the broader sabotage and espionage matters. In other words, during 1972, the cover-up was working exceptionally well.” [Woodward, 2005, pp. 120-121]
Testifying before the Rockefeller Commission on the CIA’s activities in the US, the CIA’s Assistant Deputy Director for Operations David Blee indicates the agency does not spy on Americans. “We have always said that we did not operate that way [spying on the US’s own citizens], but that we went about it much more inefficiently, which is by penetrating the foreign government or foreign subversive operation and finding if that led us to an American, rather than trying to see what Americans were doing, and seeing if they were in touch with those groups,” he tells the commission. “In this, we operate very differently from practically all of the other security and intelligence services, which typically watch their own citizens to see what they are doing.” [US Congress, 4/13/1976]
Secretary of State Henry Kissinger circulates National Security Decision Memorandum 292 on “US-Iran Nuclear Cooperation” outlining the administration’s negotiating strategy for the sale of nuclear energy equipment to Iran. The document states the government would permit “US material to be fabricated into fuel in Iran for use in its own reactors and for pass through to third countries with whom [the US has] agreements.” According to the document, the administration would “[a]gree to set the fuel ceiling at the level reflecting the approximate number of nuclear reactors planned for purchase from US suppliers,” but would consider increasing the ceiling “to cover Iran’s entitlement” from their proposed $1 billion investment in a 20 percent stake in one of the private US uranium enrichment facilities that would be supplying Iran. The strategy paper also explains under what terms the Ford administration would be willing to grant Iran approval to reprocess US supplied fuel. [US National Security Council, 4/22/1975; Washington Post, 3/27/2005] Three decades later, Kissinger will tell the Washington Post that the Ford administration was never concerned about the possibility of Iran building nuclear weapons or the potential for proliferation. “I don’t think the issue of proliferation came up,” he will recall. “They were an allied country, and this was a commercial transaction. We didn’t address the question of them one day moving toward nuclear weapons.” [Washington Post, 3/27/2005]
Map of the Cambodian coast showing the island of Koh Tang. [Source: American Merchant Marine at War]A US cargo ship, the SS Mayaguez, is seized by the Cambodian navy in the Gulf of Siam. Secretary of State Henry Kissinger urges retaliatory action to punish the Cambodians and retake the ship, arguing that the US must let the Communist forces in Southeast Asia know that, even though the US has withdrawn from South Vietnam, the US would defend itself and its interests. President Ford agrees. Without asking or even consulting Congress, Ford, calling the capture of the Mayaguez an “act of piracy,” orders US Marines to attack Cambodian warships and storm the island of Koh Tang (sometimes spelled Kaoh Tang) where the crew of the Mayaguez is believed to be held prisoner. On May 15, some 180 Marines storm the island in a helicopter assault, with light air support. [American Merchant Marine at War, 6/5/2000; Savage, 2007, pp. 31-33]
Violation of Constitution, Law - Ford briefs Congressional leaders after the fact; the leaders agree that the attack is the right decision, but sharply disagree with how Ford carried out the decision. A 1971 law prohibits the use of ground forces in Cambodia, and the 1973 War Powers Resolution requires advance consultation with Congress “in every possible instance.” Speaker of the House Carl Albert (D-OK) reminds Ford, “There are charges on the floor [of the House] that you have violated the law.” And Senate Majority Whip Robert Byrd (D-WV) asks why Ford did not inform Congressional leaders before ordering the attacks, saying, “I’m for getting the ship back, but I think you should have given them a chance to urge caution.” Ford replies: “It is my constitutional responsibility to command the forces and to protect Americans.… We have a separation of powers. The president is the commander in chief so long as he is within the law. I exercised my power under the law and I complied with the law. I would never forgive myself if the Marines had been attacked.”
'Nerve and Steel' - The Mayaguez and her crew are recovered, and Ford’s decision is hailed by media outlets such as Newsweek as a “daring show of nerve and steel,” a “classic show of gunboat diplomacy,” and “a four star political and diplomatic victory.… It was swift and tough—and it worked.” [Savage, 2007, pp. 31-33]
Facts Far Different from Initial Reporting - But subsequent information shows that the initial reports of the US military action were false. The government will claim that one Marine died and 13 were wounded in the invasion of the Cambodian island. In reality, 40 soldiers die—15 in the initial assault (13 Marines and two Air Force soldiers), 23 Marines in a helicopter crash, and three Marines who are inadvertently left behind, captured by the Cambodians, and executed. Forty-four Marines and six Air Force soldiers are wounded. The US expected maybe two dozen Cambodian soldiers on the island, but in actuality well over 200 heavily armed and entrenched Cambodian soldiers were in place. The crew of the Mayaguez had never been on the island; the Cambodians had taken them to the mainland. And the Cambodian government had already publicly announced it was releasing the vessel and the crew before the attack began—Ford had not yet received the message when he authorized the Marine assault. Marines had stormed the Mayaguez and found no one on board; the crew was at sea in a fishing boat when the Marines launched their attack. It is never completely clear why the ruling Khmer Rouge releases the crew so quickly; some speculate intervention by China or Israel. But the facts of the incident, and the unexpectedly large number of deaths and injuries, are submerged in a wave of patriotic fervor that sweeps the country. A Ford administration official will later admit to Newsweek that the operation had been “the sheerest sort of jingoism,” but, he will argue, it worked to perfection, “and nobody challenges success.” Overwhelmed by the outpouring of public support for Ford and the “rescue” of the Mayaguez, Congress quickly shelves its objections to Ford’s usurpation of Constitutional principles. In 2007, reporter and author Charlie Savage will write, “The Mayaguez incident revealed just how difficult it would be for Congress to rein in a president once troops were committed.” [American Merchant Marine at War, 6/5/2000; Savage, 2007, pp. 31-33]
Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).
Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice
Timeline Tags: Civil Liberties
Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]
Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr
Timeline Tags: Civil Liberties
Alexander Solzhenitsyn. [Source: Catholic Education (.org)]Famed Soviet dissident Alexander Solzhenitsyn speaks at an AFL-CIO meeting in Washington. Senator Jesse Helms (R-NC), a hardline conservative hawk who, in the words of author J. Peter Scoblic, is “an absolutist who saw the Cold War as a struggle being waged on ‘every continent’ and who was eager to speak up ‘in favor of freedom and against Communism, wherever it was found,’” attempts to arrange a meeting between Solzhenitsyn and President Ford. Ford, with an upcoming trip to the USSR and a meeting with Soviet leader Leonid Brezhnev, refuses, fearing that meeting with Solzhenitsyn might sour the meeting with Brezhnev. (Ford overrides the arguments made by his chief of staff, Dick Cheney, who presses Ford to meet with the dissident.) Conservatives are outraged at what they see as naked political amorality—refusing to meet with a legitimate anti-Communist hero in order to placate a Communist leader. Conservative pundit George Will writes that the Ford White House is “showing a flair for baseness that would have stood them in good stead with the previous [Nixon] administration.” [Scoblic, 2008, pp. 76, 78]
US military officials tell Congress that the US needs to develop naval support facilities on the island of Diego Garcia. The Pentagon wants to lengthen the runway at Diego Garcia from 8,000 to 12,000 feet, increase the available petroleum, oils, and lubricants storage, and dredge its harbor. It would also like to build additional barracks, a pier to facilitate cargo handling, as well as additional utility and recreational facilities. The officials argue that expanding the base at Diego Garcia is needed to safeguard US oil interests in the Persian Gulf and to counter the Soviet Union’s presence in the region, which the military claims is increasing rapidly. They attempt to allay Congress’ concerns that expanding the base would provoke competition in that region with the Soviet Union. At one point during the hearing, George Vest, Director of the Bureau of Politico-Military Affairs of the Department of State, says the island is “uninhabited,” making no reference to the fact that it had been made so by the US and British only a few years before (see July 27, 1971-May 26, 1973). When further questioned on the subject, Vest repeats that there are “no inhabitants” at all on the island. [US Congress, 6/5/1975; Los Angeles Times, 11/4/2000]
By administrative order, the Federal Preparedness Agency (FPA) is established within the General Services Administration (GSA) to oversee federal planning for potential national emergencies. The agency will focus on civil defense, continuity of government, and resource management, responsibilities that were transferred to the GSA by President Nixon in 1973 (see July 1, 1973). [Wing and Walton, 1/1980, pp. 35]
US Congress passes a bill allowing the Department of Defense to upgrade the communications facility at Diego Garcia to a “naval support” base. The US will lengthen the island’s runway from 8,000 to 12,000 feet, increase the available petroleum, oils, and lubricants storage, and dredge its harbor, among other improvements. [Sunday Times (London), 9/21/1975]
President Ford signs the “Helsinki Final Act,” the final measure of the Helsinki Accords. This set of agreements, negotiated by the Conference on Security and Cooperation in Europe, settles issues left standing since the end of World War II. Among other things, the Accords finalize post-war borders of a number of European nations, effectively legitimizing Soviet control over the Baltic states of Lithuania, Latvia, and Estonia. The Accords are signed by 35 nations, including the US, Canada, and every European nation except for Albania and Andorra. American conservatives decry the signing, calling it equivalent to the Yalta agreement of 1945, which they say gave far too much control of Eastern Europe to the Soviet Union after the war. Famed Soviet dissident Alexander Solzhenitsyn (see Summer 1975) denounces the Accords as “the betrayal of Eastern Europe” and says that “an amicable agreement of diplomatic shovels will bury and pack down corpses still breathing in a common grave.” [Scoblic, 2008, pp. 76-77]
Senator John V. Tunney, chairman of the Subcommittee on Constitutional Rights, claims Mount Weather, a secret government facility located about 50 miles west of Washington, DC (see 1952-1958), has collected and stored data on at least 100,000 US citizens. During a Congressional hearing into reports of domestic surveillance, Tunney alleges, “computers—described as ‘the best in world’—can obtain millions of pieces of information on the personal lives of American citizens.” Mount Weather maintains a state-of-the-art surveillance system as part of the facility’s Civil Crisis Management program (see 1967-1976). General Robert T. Bray, who is called to testify at the hearing, refuses to answer repeated questions regarding the data collection programs. Bray says he is “not at liberty” to disclose “the role and the mission and the capability” at Mount Weather, “or any other precise location.” Mount Weather and nearly 100 other “Federal Relocation Centers” are considered a key aspect of the highly classified Continuity of Government (COG) program (see 1950-1962), which is designed to ensure the survival of the federal government in times of national emergency. Bray admits to committee members that Mount Weather stores data relating to “military installations, government facilities, communications, transportation, energy and power, agriculture, manufacturing, wholesale and retail services, manpower, financial, medical and educational institutions, sanitary facilities, population, housing shelter, and stockpiles.” Senator James Abourezk says, “the whole operation has eluded the supervision of either Congress or the courts.” Senator Tunney says Mount Weather is “out of control.” [Progressive, 3/1976]
The Pentagon provides Congress with a “Report on the Resettlement of Inhabitants of the Chagos Archipelago.” The 10-page report, drafted in response to congressional inquiries, asserts that prior to the “resettlement” of the inhabitants of the Chagos Archipelago, the islands “were sparsely populated, essentially by contract workers and their dependents who bad been brought to the islands to work in coconut plantations.” Pressing its case that the islanders were not permanent inhabitants of the islands, the report claims there was “little evidence of any real sense of a distinct community evolved by the special local environment,” and adds that “any attachment to the locale could be attributed to the easy-going ways of the old plantation company rather than to sentiments regarding the islands themselves.” Without any supporting evidence, the report claims that “it appeared that the transfer of the inhabitants of the Chagos Archipelago would be feasible and that the persons then working on the islands would accept employment under suitable conditions elsewhere.” According to the Pentagon, the inhabitants left the island without protest. “We understand from the British that although there was some initial reluctance on the part of the older people to move, all went willingly,” the report says. “No coercion was used and no British or US servicemen were involved.” The Pentagon report concludes: “United States and [British] officials acted in good faith on the basis of information then available to them, with respect to the issue of resettling the people of the Chagos Archipelago.” [US Department of Defense, 10/10/1975]
Ruud Lubbers. [Source: ru(.nl)]After the BVD, a Dutch intelligence agency, informs the CIA that it intends to arrest A. Q. Khan over the passage of nuclear secrets to Pakistan (see Mid-October 1975), the CIA tells the Dutch to let Khan continue with his activities. Former Dutch Minister of Economc Affairs Ruud Lubbers will say, “The Americans wished to follow and watch Khan to get more information.” Lubbers questions this and the CIA tells him to block Khan’s access to the secrets, which the Dutch do by promoting him to a job where he no longer has access to sensitive data from the uranium enrichment company Urenco. Lubbers will later suggest that the real reason the US does not want Khan arrested is because of its interest in helping Pakistan, an enemy of Soviet-leaning India. Because Khan no longer has access to the sensitive data after his promotion, the CIA cannot find out anything by monitoring him. In addition, the promotion alerts Khan to the fact he may be under surveillance, and he flees to Pakistan in mid-December. Authors David Armstrong and Joe Trento will later comment: “What no one yet realized was that Khan had already absconded with the plans for almost every centrifuge on Urenco’s drawing board, including the all-important G-2 [centrifuge]. It would prove to be one of the greatest nuclear heists of all time.” [Armstrong and Trento, 2007, pp. 54]
A congressional subcommittee of the Committee on International Relations holds a hearing on the circumstances surrounding the establishment of the US military facility at Diego Garcia island. The hearing focuses on the forced eviction of the archipelago’s inhabitants (see July 27, 1971-May 26, 1973).
Testimony of George T. Churchill - In his statement to Congress, George T. Churchill, director of International Security Operations at the Department of State, attempts to defend the State Department and Pentagon from accusations that they misled Congress about the inhabitants of Diego Garcia. He asserts that the island’s population had consisted mainly of “contract laborers and their families whose livelihood depended on the coconut plantations and whose ties to the island were tenuous.” Their settlements, he says, “appear to have been something more than work camps but considerably less than free indigenous communities.” Churchill argues that resettlement was necessary because the islanders would not have had work once the plantations were replaced by US military facilities. When it was time to go, he claims, the residents “went willingly.” He also contends that he could find no evidence in government files that there was a “lack of concern for the inhabitants of the Chagos Islands.” He admits that his report is based entirely on US and British sources and that no attempt was made to interview the former inhabitants or request information from the Mauritius government—despite his acknowledgment that on many issues, there “simply wasn’t enough data.” Churchill argues that it was Britain’s responsibility to see to the islanders’ welfare after resettlement and denies that the US has any obligation—moral or legal—to the islanders, even though their eviction had been a condition of the US’ 1966 agreement (see December 30, 1966) with Britain to use the island. [US Congress, 11/4/1975]
Testimony of Commander Gary Sick - Pentagon official Gary Sick addresses accusations that the military has misled Congress about Diego Garcia’s population. In his testimony he cites instances where passing references were made about the islands’ population, including a 1964 Washington Post article mentioning the possibility that an “indigenous population” might exist on the island; a 1969-1979 Pentagon spending proposal which referred to the islanders as “rotating contract personnel engaged in harvesting copra”; and a 1970 congressional hearing in which it was stated that the “British [had] gone a little farther about removing the population from there now.” [US Congress, 11/4/1975]
Secretary of Defense James Schlesinger, an avowed opponent of arms control negotiations with the Soviet Union (see Early 1974, June 20, 1974 and After, and November 23, 1974), is fired as part of President Ford’s so-called “Halloween Massacre” (see November 4, 1975 and After). The outgoing Schlesinger complains that the Ford administration is “soft” on negotiating with the Soviets, and warns that the entire idea of detente—a gradual thawing of relations between the two superpowers—is inherently a bad idea. Schlesinger becomes something of a cause celebre on the right, with Governor Ronald Reagan (see Early and Mid-1976) claiming that Schlesinger’s dismissal is because Ford is afraid to admit “the truth about our military status”—in other words, afraid to admit Reagan’s contention that the USSR has significant numerical advantages in the countries’ respective nuclear arsenals. Ford replaces Schlesinger with the head of the Office of Economic Opportunity, Donald Rumsfeld. Rumsfeld was an advocate of leaving Vietnam, but, if anything, is even a more determined advocate for US nuclear superiority and an opponent of any arms agreements with the USSR. [Scoblic, 2008, pp. 78-79] Within weeks of taking over the Pentagon, Rumsfeld begins his own efforts to undermine the SALT II arms talks (see December 1975 and After and Early 1976).
In preparation for the upcoming “Halloween Massacre” (see November 4, 1975 and After), Chief of Staff Donald Rumsfeld, who has what he thinks are secret ambitions for the presidency (see September 21, 1974 and After), convinces President Ford to name George H. W. Bush as CIA director because of that position’s political liabilities. When Bush accepts the position, Rumsfeld says this will “sink the son of a b_tch for good.” During his Senate confirmation hearings, Bush will publicly be asked to promise that he won’t be Ford’s running mate in 1976. “Bush thought that was a total violation of his Constitutional rights,” Pete Seeley, who will become Bush’s press secretary in 1981, will recall. “He was not happy. But he was always a team player and he did as he was asked.” Bush always believes Rumsfeld planted this question. Bush will never forgive Rumsfeld for trying to sabotage his political aspirations. [Unger, 2007, pp. 52-53]
President Ford fires a number of Nixon holdovers and replaces them with “my guys… my own team,” both to show his independence and to prepare for a bruising 1976 primary battle with Ronald Reagan. The wholesale firings and reshufflings are dubbed the “Halloween Massacre.” Donald Rumsfeld becomes secretary of defense, replacing James Schlesinger (see November 4, 1975). George H. W. Bush replaces William Colby as director of the CIA. Henry Kissinger remains secretary of state, but his position as national security adviser is given to Brent Scowcroft. Dick Cheney, Rumsfeld’s deputy chief of staff, moves up to become the youngest chief of staff in White House history. Perhaps the most controversial decision is to replace Nelson Rockefeller as Ford’s vice-presidential candidate for the 1976 elections. Ford’s shake-up is widely viewed as his cave-in to Republican Party hardliners. He flounders in his defense of his new staffers: for example, when Senator Barry Goldwater (R-AZ) asks him why he thinks Rumsfeld is qualified to run the Pentagon, Ford replies, “He was a pilot in the Korean War.” The ultimate winner in the shake-up is Rumsfeld, who instigated the moves from behind the scenes and gains the most from them. Rumsfeld quickly wins a reputation in Washington as a political opportunist, gunning for the vice presidency in 1976 and willing to do whatever is necessary to get it. Rockefeller tells Ford: “Rumsfeld wants to be president of the United States. He has given George Bush the deep six by putting him in the CIA, he has gotten me out.… He was third on your [vice-presidential] list (see August 16-17, 1974) and now he has gotten rid of two of us.… You are not going to be able to put him on the [ticket] because he is defense secretary, but he is not going to want anybody who can possibly be elected with you on that ticket.… I have to say I have a serious question about his loyalty to you.” Later, Ford will write of his sharp regret in pushing Rockefeller off the ticket: “I was angry at myself for showing cowardice in not saying to the ultraconservatives: It’s going to be Ford and Rockefeller, whatever the consequences.” [Werth, 2006, pp. 340-341] “It was the biggest political mistake of my life,” Ford later says. “And it was one of the few cowardly things I did in my life.” [US Senate, 7/7/2007]
Entity Tags: Ronald Reagan, William Colby, Richard (“Dick”) Cheney, James R. Schlesinger, Barry Goldwater, Donald Rumsfeld, Brent Scowcroft, George Herbert Walker Bush, Gerald Rudolph Ford, Jr, Henry A. Kissinger, Nelson Rockefeller
Timeline Tags: Nixon and Watergate
The Senate Select Committee to Study Governmental Operations releases its report, “Alleged Assassination Plots Involving Foreign Leaders,” which finds “concrete evidence of at least eight plots involving the CIA to assassinate Fidel Castro from 1960 to 1965.” [US Congress, 12/18/1975]
Newly appointed Defense Secretary Donald Rumsfeld begins working to undermine the US-Soviet arms negotiation talks almost immediately. He scuttles an informal trip by Secretary of State Henry Kissinger to Moscow; when Kissinger does reach an accord with his Soviet counterparts, Rumsfeld derails it by letting it be known that the Pentagon would not agree to the deal. President Ford later recalls, “The attitude in the Defense Department made it impossible to proceed in the environment of 1976.” [Scoblic, 2008, pp. 80-81]
US President Gerald Ford and Secretary of State Henry Kissinger meet with Indonesian president Suharto in Jakarta and give him tacit approval to invade and annex East Timor. Suharto complains that the integration of East Timor into Indonesia is being resisted by Communist sympathizers. According to declassified US Government documents, Suharto tells Ford and Kissinger, “We want your understanding if we deem it necessary to take rapid or drastic action.” Ford responds, “We will understand and will not press you on the issue.” Kissinger then advises Suharto not to take action until he and the president have returned to Washington. “It is important that whatever you do succeeds quickly.” Kissinger explains. “We would be able to influence the reaction in America if whatever happens, happens after we return.” [Republic of Indonesia, 12/6/1975 ; John Pilger, 1994; CNN, 12/7/2001; BBC, 12/7/2001] The following day, Indonesia invades East Timor (see December 7, 1976).
Agha Hasan Abedi. [Source: Terry Kirk / Financial Times]Investigative journalist Joseph Trento will later report that in 1976, the Safari Club, a newly formed secret cabal of intelligence agencies (see September 1, 1976-Early 1980s), decides it needs a network of banks to help finance its intelligence operations. Saudi Intelligence Minister Kamal Adham is given the task. “With the official blessing of George H. W. Bush as the head of the CIA, Adham transformed a small Pakistani merchant bank, the Bank of Credit and Commerce International (BCCI), into a world-wide money-laundering machine, buying banks around the world to create the biggest clandestine money network in history.” BCCI was founded in 1972 by a Pakistani named Agha Hasan Abedi, who was an associate of Adham’s. Bush himself has an account at BCCI established while still director of the CIA. French customs will later raid the Paris BCCI branch and discover the account in Bush’s name. [Trento, 2005, pp. 104] Bush, Adham, and other intelligence heads work with Abedi to contrive “a plan that seemed too good to be true. The bank would solicit the business of every major terrorist, rebel, and underground organization in the world. The intelligence thus gained would be shared with ‘friends’ of BCCI.” CIA operative Raymond Close works closely with Adham on this. BCCI taps “into the CIA’s stockpile of misfits and malcontents to help man a 1,500-strong group of assassins and enforcers.” [Trento, 2005, pp. 104] Soon, BCCI becomes the fastest growing bank in the world. Time magazine will later describe BCCI as not just a bank, but also “a global intelligence operation and a Mafia-like enforcement squad. Operating primarily out of the bank’s offices in Karachi, Pakistan, the 1,500-employee black network has used sophisticated spy equipment and techniques, along with bribery, extortion, kidnapping and even, by some accounts, murder. The black network—so named by its own members—stops at almost nothing to further the bank’s aims the world over.” [Time, 7/22/1991]
Defense Secretary Donald Rumsfeld and White House Chief of Staff Dick Cheney unsuccessfully lobby for the construction of a nuclear reprocessing plant in Iran. The two men devised the scheme because, they say, Iran needs a nuclear power program to meet its future energy needs. This is despite the fact that Iran has considerable oil and gas reserves. The deal would be lucrative for US corporations like Westinghouse and General Electric, which would make $6.4 billion from the project. During negotiations over Pakistan’s nuclear weapons program, Secretary of State Henry Kissinger offers Pakistan access to this facility for reprocessing of its nuclear fuel. In return, Pakistan would not build its own reprocessing plant, which the US suspects will be used for a nuclear weapons program. However, Pakistani Prime Minister Zulfikar Ali Bhutto rejects the deal, and the plant is not built in Iran anyway. [Levy and Scott-Clark, 2007, pp. 46]
CPD logo. [Source: Committee on the Present Danger]A group of hardline Cold Warriors and neoconservatives revive the once-influential Committee on the Present Danger (CPD) in order to promote their anti-Soviet, pro-military agenda. The CPD is an outgrowth of the Coalition for a Democratic Majority (CDM), itself a loose amalgamation of neoconservatives and Democratic hawks.
Confederation of Establishment Conservatives, Neoconservatives, and Hawkish Democrats - The CPD is led by Eugene Rostow, the head of the CDM’s foreign policy task force. Others include CIA spymaster William Casey; iconic Cold War figure and “Team B” member Paul Nitze (see January 1976 and Late November, 1976); established neoconservatives such as Norman Podhoretz and Team B leader Richard Pipes (see Early 1976); rising neoconservative stars like Jeane Kirkpatrick, Midge Decter, Donald Brennan, and Richard Perle; conservative Democrats such as Nitze and former Secretary of State Dean Rusk; established Republicans such as House representative Claire Booth Luce (R-CT), David Packard, Nixon’s deputy secretary of defense, Andrew Goodpaster, Eisenhower’s National Security Adviser, millionaire Richard Mellon Scaife; and famed military officers such as Admiral Elmo Zumwalt. [Unger, 2007, pp. 58-59; Scoblic, 2008, pp. 99-100]
No 'Realists' - Author Craig Unger will write: “Ultimately, in the CPD, one could see the emerging fault lines in the Republican Party, the ideological divide that separated hardline neocons and Cold Warriors from the more moderate, pragmatic realists—i.e. practitioners of realpolitik such as Henry Kissinger, Brent Scowcroft, George H. W. Bush, and James Baker. All of the latter were conspicuously absent from the CPD roll call.” [Unger, 2007, pp. 58-59]
Advocates US First Strike against USSR - Like the CDM and Team B, the CPD believes that the entire concept of detente with the Soviet Union is an abject failure, and the only way to deal with the ravenously hegemonical USSR is through armed confrontation. Like Team B (see November 1976), the CPD insists, without proof, that the USSR has made far greater strides in increasing the size and striking power of its nuclear arsenal; and like Team B, no amount of debunking using factual information stops the CPD from making its assertions (see November 1976). The US must drastically increase its stockpile of nuclear and conventional weapons, it maintains, and also be prepared to launch a nuclear first strike in order to stop the USSR from doing the same. In April 1977, the CPD evokes the familiar neoconservative specter of appeasement by writing, “The Soviet military build-up of all its armed forces over the past quarter century is, in part, reminiscent of Nazi Germany’s rearmament in the 1930s.” Author J. Peter Scoblic will observe, “The CPD saw itself as a collection of [Winston] Churchills facing a country of [Neville] Chamberlains.” In 1978, the CPD predicts, “The early 1980s threaten to be a period of Soviet strategic nuclear superiority in which America’s second-strike capability will become vulnerable to a Soviet pre-emptive attack without further improvements in US weapons.” [Unger, 2007, pp. 58-59; Scoblic, 2008, pp. 99-100]
Spreading Propaganda - According to a 2004 BBC documentary, the CPD will produce documentaries, publications, and provide guests for national talk shows and news reports, all designed to spread fear and encourage increases in defense spending, especially, as author Thom Hartmann will write, “for sophisticated weapons systems offered by the defense contractors for whom neocons would later become lobbyists.” [Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]
Entity Tags: Nixon administration, Jeane Kirkpatrick, Midge Decter, Paul Nitze, Richard Pipes, Richard Perle, William Casey, Thomas Hartmann, James A. Baker, Richard Mellon Scaife, Norman Podhoretz, Henry A. Kissinger, Eugene V. Rostow, Central Intelligence Agency, Brent Scowcroft, George Herbert Walker Bush, Claire Booth Luce, Committee on the Present Danger, Coalition for a Democratic Majority, David Dean Rusk, Elmo Zumwalt, Craig Unger, Eisenhower administration, David Packard, Donald Brennan, Andrew Goodpaster
Timeline Tags: US International Relations, Neoconservative Influence
A semiofficial logo for the Animal Liberation Front. [Source: Animal Liberation Front]The Animal Liberation Front (ALF) forms. It is widely considered the US’s most active “ecoterrorist” movement (see 1970s) and focuses primarily on attacking companies that perpetuate cruelty to animals, often in the form of animal experimentation. It is very loosely organized, and composed of anonymous underground cells that mount operations to rescue animals from what it calls “places of abuse” and, it says, to “inflict economic damage to those who profit from the misery and exploitation of animals.” ALF traces its origins to a group of British activists in the late 1960s called the Hunt Saboteurs Association, whose prime goal was to disrupt fox hunts. In 1972, according to the anonymously published “ALF Primer,” “after effectively ending a number of traditional hunting events across England, members of the Hunt Saboteurs decided more militant action was needed, and thus began the Band of Mercy.” The Band of Mercy went farther than its parent organization, and in 1974 two of its members, Ronnie Lee and Cliff Goodman, were jailed for firebombing a vivisection research center in Great Britain (see 1974). When Lee is released from prison in 1976, he and some of his Band of Mercy colleagues found the ALF. The organization first begins operations in Great Britain, but quickly moves to America and begins escalating events. Its first known operation will be in 1979, when ALF activists break into a medical school and release animals being used for research (see 1979). Before it establishes a small press office in 1991, ALF’s activities will be publicized and praised by a somewhat more mainstream animal rights group, People for the Ethical Treatment of Animals (PETA). [Anti-Defamation League, 2005] The ALF primer explains the “leaderless resistance” model followed by the group: “Due to the illegal nature of ALF activities, activists work anonymously, and there is no formal organization to the ALF. There is no office, no leaders, no newsletter, and no official membership. Anyone who carries out direct action according to ALF guidelines is a member of the ALF.” The primer states the following as ALF guidelines:
To liberate animals from places of abuse, i.e. fur farms, laboratories, factory farms, etc. and place them in good homes where they may live out their natural lives free from suffering.
To inflict economic damage to those who profit from the misery and exploitation of animals.
To reveal the horror and atrocities committed against animals behind locked doors by performing nonviolent direct actions and liberations.
To take all necessary precautions against hurting any animal, human and nonhuman.
The primer states: “In the third section it is important to note the ALF does not, in any way, condone violence against any animal, human or non-human. Any action involving violence is by its definition not an ALF action, any person involved not an ALF member. The fourth section must be strictly adhered to. In over 20 years, and thousands of actions, nobody has ever been injured or killed in an ALF action.” [Animal Liberation Front, 2002 ]
C. Madison “Brick” Brewer, the general counsel of the Institute for Law and Social Research, leaves his position. The circumstances of his departure from the institute, which will later be transformed into the company Inslaw, will later be disputed. The departure is significant because Brewer will later be hired by the Justice Department to manage a contract with Inslaw (see April 1982), and will adopt a combative approach to his former employer (see April 14, 1982 and April 19, 1982).
Hamilton's Account - Inslaw owner William Hamilton will later say that Brewer is asked to leave because he is unable to perform his duties, but is given sufficient time to find another job instead of being forced out. Inslaw vice president John Gizarelli will corroborate Hamilton’s account, telling the House Judiciary Committee under oath that Hamilton told him Brewer had been asked to resign.
Contradictory Statements by Brewer - Brewer will give different accounts of his departure. He will tell investigators from the Justice Department’s Office of Professional Responsibility (OPR): “At no time did he [Hamilton] ever say you are fired and at no time did he [Hamilton] ever indicate great dissatisfaction with my performance.… I never felt that I was discharged, let alone wrongfully discharged.” He will repeat this line to investigators from the House committee: “I never thought that he asked me to leave. It has always been my understanding that I was not asked to leave. I have never viewed my departure from the institute as either being a discharge, or forced.” However, another statement he will make puts a different slant on this; he tells the OPR: “[I]t has been my view that Mr. Hamilton obviously wanted me gone. He had been sending these signals, if not directly indicating a job dissatisfaction, since April, and it was now February, almost one year later, and I was still extricating myself.” In addition, Brewer will say in a court appearance: “On one occasion Mr. Hamilton came and said to me, ‘can you go to lunch?’ I explained that I couldn’t. And he said, ‘Well, what I have to say over lunch I can say right now. I think you ought to find [an] alternative—that you ought to leave the Institute.’”
Impact - The committee will comment, “The circumstances surrounding Mr. Brewer’s departure from the institute appear to have had a major influence over his views about Inslaw and its president, Mr. Hamilton.” Gizarelli will say that he had occasional contact with Brewer before his departure, and: “[H]e thought that Mr. Hamilton was insane. And I think he meant that literally. He did make comments about his rationality, his sanity, thought he wasn’t capable of leading an organization. The tenor of his remarks were to me very startling.” [US Congress, 9/10/1992]
Founded in 1976, Faisal Islamic Bank of Egypt (FIBE) is part of the banking empire built by Saudi Prince Mohammed al-Faisal. Several of the founding members are leading members of the Muslim Brotherhood, including the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. The growth of Islamic banking directly funds the political growth of the Islamist movement and allows the Saudis to pressure poorer Islamic nations, like Egypt, to shift their policies to the right. The Islamic banking boom is closely associated with the neoliberal free-trade philosophy of the Chicago School of Economics, with the free-trade prescriptions of the International Monetary Fund, and with conservative think-tanks like the Virginia-based Islamic Free Market Institute. FIBE is also closely associated with the infamous Bank of Credit and Commerce International (BCCI), which will be found to be deeply implicated in the illegal arms and narcotics trades, and with the funding of terrorist organizations when it collapses in 1991. Investigators will also find that BCCI held $589 million in “unrecorded deposits,” $245 million of which were placed with FIBE. [Dreyfuss, 2005, pp. 164 - 175]
President Gerald R. Ford signs a presidential directive giving the Iranian government the opportunity to purchase a US-built nuclear reprocessing facility for extracting plutonium from nuclear reactor fuel. Iran, with support from the US, wants to develop a massive nuclear energy industry that has complete “nuclear fuel cycle” capability so fissile materials can be supplied self-sustaining basis. US companies, chief among them Westinghouse, stands to make $6.4 billion from the sale of six to eight nuclear reactors and parts. The shah has argued that Iran needs a nuclear energy program in order to meet Iran’s growing energy demand. Iran is known to have massive oil and gas reserves, but the shah considers these finite reserves too valuable to be spent satisfying daily energy needs. In a 1975 strategy paper, the Ford administration supported this view saying that “introduction of nuclear power will both provide for the growing needs of Iran’s economy and free remaining oil reserves for export or conversion to petrochemicals.” Top officials in the Ford administration—including Secretary of State Henry Kissinger, Chief of Staff Dick Cheney, and Paul Wolfowitz, who is responsible for nonproliferation issues at the Arms Control and Disarmament Agency—are strong supporters of Iran’s ambitions. Kissinger will tell the Washington Post 30 years later that the Ford administration was not concerned about the possibility of Iran using the facilities to produce nuclear weapons. “I don’t think the issue of proliferation came up,” he says. But Charles Naas, deputy US ambassador to Iran at this time, will tell the Post that nuclear experts had serious concerns about potential proliferation. Naas will explain that the administration was attracted to the nuclear deal “terms of commerce” and interested in maintaining good relations with the shah. [Washington Post, 3/27/2005]
CIA manager David Blee files a report warning others at the agency about the situation in Iran. Blee, who has some experience in Middle Eastern affairs (see (1967)), cautions that the US knows little about Iranian leader Shah Mohammed Reza Pahlavi, in particular his stockpiling of military equipment. [Los Angeles Times, 8/18/2000]
Financial and insurance consultant Irwin Schiff uses the anti-tax arguments of Arthur Porth (see 1951-1967) and Marvin Cooley (see 1970-1972) to bring the anti-tax protest message to a much more mainstream audience than Porth, whose appeal was largely confined to right-wing and racist audiences. Schiff, who bills himself as “America’s leading untax expert,” will appear on national television for more than 25 years before eventually going to jail for tax evasion. His biggest impact comes with his 1976 book, The Biggest Con: How the Government is Fleecing You. His second book, published six years later, is called How Anyone Can Stop Paying Income Taxes. The Biggest Con earns him $135,000 in royalties over the two years that follow its publication, and $85,000 in royalties for the decade following. In 1978, Schiff is charged for failing to file tax returns, and eventually convicted; he will be convicted of similar charges in 1985 and again in 2005. He tells one judge: “I only received federal reserve units, not dollars. I received no lawful money upon which a tax can be collected.” The US government says Schiff owes over $2.6 million in back taxes, interest, and penalties. [Southern Poverty Law Center, 12/2001; Tax Protester Dossiers, 10/23/2010] In 1996, Schiff will be a candidate for the Libertarian Party’s nomination for president. [C-SPAN, 7/5/1996]
NASA’s Lewis Research Center begins installing 83 PV power systems in buildings on every continent except Australia. The systems power, among other things, vaccine refrigeration utilities, room lighting, medical clinic lighting, telecommunications, water pumping, grain milling, and classroom television. The project is completed in 1995, the delay being caused by a hiatus between 1985 and 1992. [US Department of Energy, 2002 ]
US intelligence discovers that Pakistan has begun a “crash program” to build a nuclear weapon. The weapon is to be a plutonium bomb made using fuel from a reprocessing plant that will be built in Pakistan by the French and financed by Libya. The Ford administration attempts to pressure Pakistan to give up these attempts, and in a meeting in August 1976 Secretary of State Henry Kissinger will offer Pakistan over a hundred fighter planes in return for its giving up the efforts. He will also threaten to “make a horrible example” of Pakistani Prime Minister Zulfikar Ali Bhutto. Pakistan will not respond to these threats, but will eventually abandon this program in favor of attempts to build a uranium bomb by Pakistani nuclear scientist A. Q. Khan. [Armstrong and Trento, 2007, pp. 62-63]
Richard Pipes. [Source: Mariusz Kubik]After George H. W. Bush becomes the head of the CIA (see November 4, 1975 and After), he decides to break with previous decisions and allow a coterie of neoconservative outsiders to pursue the allegations of Albert Wohlstetter that the CIA is seriously underestimating the threat the USSR poses to the US (see 1965), allegations pushed by hardliners on the President’s Foreign Intelligence Advisory Board.
Internal Opposition - Bush’s predecessor, William Colby, had steadfastly refused to countenance such a project, saying, “It is hard for me to envisage how an ad hoc ‘independent’ group of government and non-government analysts could prepare a more thorough, comprehensive assessment of Soviet strategic capabilities—even in two specific areas—than the intelligence community can prepare.” (Bush approves the experiment by notating on the authorization memo, “Let ‘er fly!”) The national intelligence officer in charge of the National Intelligence Estimate on the USSR, Howard Stoertz, will later recall: “Most of us were opposed to it because we saw it as an ideological, political foray, not an intelligence exercise. We knew the people who were pleading for it.” But Bush, on the advice of deputy national security adviser William Hyland, agrees to the exercise. Hyland says the CIA had been getting “too much flak for being too peacenik and detentish…. I encouraged [Bush] to undertake the experiment, largely because I thought a new director ought to be receptive to new views.” The neocon team of “analysts” becomes known as “Team B,” with “Team A” being the CIA’s own analytical team. It is unprecedented to allow outsiders to have so much access to highly classified CIA intelligence as Bush is granting the Team B neocons, so the entire project is conducted in secret. CIA analyst Melvin Goodman later says that President Ford’s chief of staff, Dick Cheney, is one of the driving forces behind Team B. The outside analysts “wanted to toughen up the agency’s estimates,” Goodman will say, but “Cheney wanted to drive [the CIA] so far to the right it would never say no to the generals.” [Dubose and Bernstein, 2006, pp. 208; Unger, 2007, pp. 53-55]
Political Pressure - Ford’s political fortunes help push forward the Team B experiment. Ford has been a strong proponent of detente with the Soviet Union, but his poll numbers are sagging and he is facing a strong presidential primary challenger in Governor Ronald Reagan (R-CA), an avowed hardliner. Reagan is making hay challenging Ford’s foreign policy, claiming that the so-called “Ford-Kissinger” policies have allowed the Soviet Union to leap ahead of the US both militarily and geopolitically. In response, Ford has lurched to the right, banning the word “detente” from speeches and statements by White House officials, and has been responsive to calls for action from the newly reforming Committee on the Present Danger (CPD—see 1976). In combination, these political concerns give Bush the justification he wants to push forward with the Team B experiment.
Three B Teams - According to Carter administration arms control official Anne Cahn, there are actually three “B” teams. One studies Soviet low-altitude air defense capabilities, one examines Soviet intercontinental ballistic missile (ICBM) accuracy, and the third, chaired by Harvard Sovietologist Richard Pipes, examines Soviet strategic policy and objectives. It is Pipes’s team that becomes publicly known as “Team B.” [Bulletin of Atomic Scientists, 4/1993]
Assembling the Team - Pipes fits in well with his small group of ideological hardliners. He believes that the USSR is determined to fight and win a nuclear war with the US, and he is bent on putting together an analysis that proves his contention. He asks Cold War icon Paul Nitze, the former Secretary of the Navy, to join the team. Richard Perle, a core member, has Pipes bring in Paul Wolfowitz, one of Wohlstetter’s most devout disciples. Wolfowitz immediately begins arguing for the need to deploy tactical nuclear weapons in Europe. The “incestuous closeness” of the members, as Cahn later calls it, ensures that the entire group is focused on the same goals as Wohlstetter and Pipes, with no dissension or counterarguments. Other key members include William von Cleave and Daniel Graham. The entire experiment, Cahn will write, “was concocted by conservative cold warriors determined to bury détente and the SALT process. Panel members were all hard-liners,” and many are members of the newly reconstituted “Committee on the Present Danger” (see 1976). The experiment is “leaked to the press in an unsuccessful attempt at an ‘October surprise’ [an attempt to damage the presidential hopes of Democrat Jimmy Carter—see Late November, 1976]. But most important, the Team B reports became the intellectual foundation of ‘the window of vulnerability’ and of the massive arms buildup that began toward the end of the Carter administration and accelerated under President Reagan.” Team B will formally debate its CIA adversaries, “Team A,” towards the end of the year (see November 1976). [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 ; Unger, 2007, pp. 53-55]
'Designed to be Prejudiced' - In 2008, author J. Peter Scoblic will note, “Team B was designed to be prejudiced.” Pipes, the Soviet experts, holds a corrosive hatred of the Soviet Union, in part stemming from his personal experiences as a young Jew in Nazi-occupied Warsaw, and his belief that the Soviet system is little different from the Nazis. When asked why his team is stacked with hardline opponents of arms negotiations and diplomacy of any kind with the USSR, Pipes replies, “There is no point in another, what you might call, optimistic view.” Scoblic will write, “Team B, in short, begged the question. Its members saw the Soviet threat not as an empirical problem but as a matter of faith.” He will add, “For three months, the members of Team B pored over the CIA’s raw intelligence data—and used them to reaffirm their beliefs.” [Scoblic, 2008, pp. 93-94]
Entity Tags: Richard Perle, Richard Pipes, William Hyland, Paul Nitze, William Colby, J. Peter Scoblic, Paul Wolfowitz, George Herbert Walker Bush, ’Team A’, ’Team B’, Anne Cahn, Albert Wohlstetter, Issuetsdeah, Central Intelligence Agency, Howard Stoertz
Timeline Tags: US International Relations, Neoconservative Influence
Respected Cold War foreign policy expert Paul Nitze, formerly a proponent of arms negotiations with the Soviet Union, writes an article for Foreign Affairs magazine that breaks with his previous positions (see 1976). According to author J. Peter Scoblic, Nitze’s anti-Communist stance finally overwhelms his inclination towards negotiations. Nitze writes a powerful screed opposing the SALT II arms negotiation discussions with the USSR, writing, “[T]here is every prospect that under the terms of the SALT agreements the Soviet Union will continue to pursue a nuclear superiority that is not merely quantitative but designed to produce a theoretical war-winning capability.” Soviet policy is to consider the possibility of winning a nuclear war, Nitze writes, and for years the USSR has pursued a nuclear advantage over the US. The Vladivostok agreement (see November 23, 1974), he says, gives the USSR the capability of taking out the US’s intercontinental ballistic missiles (ICBMs) with a single first strike, leaving the US left to defend itself with only submarine-launched nuclear missiles. The US would hesitate to launch such a counterstrike, Nitze argues, because the USSR would then decimate American cities with a second strike. Therefore, Nitze writes, arms negotiations with the USSR are pointless. “Unfortunately, I believe the record shows that neither negotiations nor unilateral restraint have operated to dissuade Soviet leaders from seeking a nuclear war-winning capability—or from the view that with such a capability they could effectively use pressure tactics to get their way in crisis situations.” Similarly, he writes, the entire process of detente—the gradual easing of tensions between the two superpowers—is wrongheaded and must be abandoned. The only option the US has, Nitze argues, is to ratchet up its own warmaking capabilities, and renew its focus on a viable missile defense system. Nitze’s article galvanizes conservatives, some moderate Republicans, and the emerging bloc of neoconservatives, and stiffens their combined resolve to oppose arms negotiations with the Soviets. [Foreign Affairs, 1/1976; Scoblic, 2008, pp. 81-82] Nitze will soon join the “Team B” group of conservative and neoconservative analysts (see Early 1976 and November 1976).
The NSA maintains a watch list of high-tech companies based in Germany and Switzerland that are suspected of helping Pakistan with its nuclear weapons program. The companies’ telexes and faxes are “routinely intercepted and translated for signs of nuclear trafficking with Pakistan.” [New Yorker, 3/29/1993]
Publicity photo for the Frost/Nixon interviews. [Source: London Times]British interviewer and entertainer David Frost makes a deal with former President Richard Nixon to undertake 24 hours of interviews on a wide range of topics, with six hours each on foreign policy, domestic affairs, Watergate, and a loosely defined “Nixon the Man” interview. Frost intends that the centerpiece of the interviews to be the Watergate session. Nixon agrees to a free, unfettered set of interviews in return for over a million dollars in appearance fees. [Reston, 2007, pp. 13-17] (Other sources say that Nixon will be paid $600,000 plus 20% of the profits from the broadcast, which are expected to top $2 million.)
Frost Seen as Unlikely Interviewer - There is also considerable skepticism about the choice of Frost as an interviewer; he is better known as a high-living entertainer who likes to hobnob with celebrities rather than as a tough interrogator. His primary experience with politics is his hosting of the BBC’s celebrated 1960s satirical show That Was the Week That Was. Frost outbid NBC for the rights to interview Nixon, and after all three American television networks refuse to air the shows, Frost has to cobble together an ad hoc group of about 140 television stations to broadcast the interviews. Frost will recall in 2007, “We were told, ‘Half the companies you’re approaching would never have anything to do with Nixon when he was president, and the other half are trying to make people forget that they did.’” [Time, 5/9/1977; Washington Post, 4/30/2007] Interestingly, when the Nixon team began negotiating for the interviews in July 1975, they made a point of not wanting any “real” investigative journalists to conduct the interviews—in fact, they considered offering the interviews to American television talk show host Merv Griffin. [Time, 5/9/1977] The interviews are to be done in segments, three sessions a week, on Mondays, Wednesdays, and Fridays, for two weeks in the spring of 1977. [National Public Radio, 6/17/2002]
Nixon Team Wants Focus Away from Watergate - While Nixon agrees that six hours of interviews will be on the topic of Watergate, his team wants to define “Watergate” as almost anything and everything negative about the Nixon presidency—not just the burglary and the cover-up, but abuses of power at the IRS, CIA, and FBI, Nixon’s tax problems, the Ellsberg break-in (see September 9, 1971), disputed real estate sales, the sale of ambassadorships (see March-April 1972), the enemies list (see June 27, 1973), and the Huston Plan (see July 14, 1970). The hope is that Frost’s focus will become diluted and fail to focus on the Watergate conspiracy itself. The hope will not be fulfilled (see April 13-15, 1977).
Frost's Investigative Team - Frost begins hiring a team of investigators and experts to prepare him for the interviews, including author and journalist James Reston Jr. [Time, 5/9/1977] , a self-described “radical” who had worked to win amnesty for US citizens who had avoided the draft, and views Nixon as a contemptible figure who, despite his resignation (see August 8, 1974), remains “uncontrite and unconvicted.” [Chicago Sun-Times, 7/22/2007] Other members of Frost’s research team are Washington journalist and lawyer Robert Zelnick, freelance writer Phil Stanford, and London TV news executive John Birt, who will produce the interviews. Zelnick will play Nixon in the briefing sessions, going so far as mimicking Nixon’s mannerisms and hand gestures. For his part, Nixon had almost completed his own meticulous research of his presidency for his upcoming memoirs, and is quite conversant with his facts and defense strategies. Nixon’s team of aides includes his former White House military aide Colonel Jack Brennan, chief researcher Ken Khachigian, former speechwriter Ray Price, former press assistant (and future television reporter) Diane Sawyer, and former aide Richard Moore. [Time, 5/9/1977]
Nixon's Perceived 'Sweetheart Deal' - In his 2007 book on the interviews, The Conviction of Richard Nixon (written largely in 1977 but unpublished for thirty years), Reston will write that Nixon surely “saw the enterprise as a sweetheart deal. He stood to make a lot of money and to rehabilitate his reputation.” Nixon harbors hopes that he can make a political comeback of one sort or another, and apparently intends to use Frost—best known for conducting “softball” interviews with celebrities and world leaders alike—as his “springboard” to re-enter public service. But, as Reston later observes, Nixon will underestimate the researchers’ efforts, and Frost’s own skill as a television interviewer. [Reston, 2007, pp. 13-17, 84] Time will describe Nixon in the interviews as “painful and poignant, sometimes illuminating, usually self-serving.” [Time, 5/9/1977]
Entity Tags: NBC, Phil Stanford, Merv Griffin, Richard Moore, Ray Price, Ken Khachigian, James Reston, Jr, Richard M. Nixon, John Birt, David Frost, Jack Brennan, Robert Zelnick, Diane Sawyer
Timeline Tags: Nixon and Watergate
President Ford and Soviet General Secretary Leonid Brezhnev sign a communique relating to the SALT negotiations in November 1974. [Source: Gerald R. Ford Presidential Library / Public domain]Newly ensconsced Defense Secretary Donald Rumsfeld, after making a series of speeches attacking Secretary of State Henry Kissinger’s policy of detente with the Soviet Union, waits until Kissinger is away visiting his Soviet counterparts in Moscow to persuade President Ford to shelve the second round of the Strategic Arms Limitation Talks (SALT II), the ongoing series of negotiations between the US and USSR to limit nuclear arms. “Rumsfeld won that very intense, intense political battle,” recalls Melvin Goodman, the head of the CIA’s Office of Soviet Affairs at the time. The move serves several purposes: to undercut Kissinger, Rumsfeld’s rival (see September 21, 1974 and After); to push Rumsfeld’s own Cold War, hawkish agenda (see June 4-5, 1974); and to set up a move to get Rumsfeld and a coterie of neoconservatives, including Paul Wolfowitz, in a position to either influence or counteract the CIA. The idea is to, in essence, hijack the US’s national security apparatus and find intelligence that will support their much harsher, antagonistic view of US-Soviet relations—and to push their belief that the US can fight and win a nuclear war. [Unger, 2007, pp. 53]
Governor Ronald Reagan (R-CA) runs for the presidency on a staunchly conservative platform of absolute anti-Communism, widespread reduction of government, and strict moral virtue. Many Republicans see Reagan as a more charismatic successor to the hardline principles espoused by former presidential candidate Barry Goldwater (R-AZ); Reagan also has the virtue of not being “tainted” by any association with Watergate. Reagan condemns the Soviet Union in near-apocalpytic terms, and denounces his Republican opponent, President Ford, both for refusing to meet with Soviet dissident Alexander Solzhenitsyn (see Summer 1975) and for signing the Helsinki Accords (see August 1975), which he says gives “the American seal of approval [for] the Soviet empire in Eastern Europe.” Reagan is an absolute opponent of any sort of detente with the Soviets. His campaign echoes strongly with conservative Republicans; he nearly defeats Ford in the all-important New Hampshire primary, wins 12 states in the general primary, and reveals, in the words of author J. Peter Scoblic, “the antinegotiation attitude once the exclusive province of conservatives now appealed to rank-and-file Republicans.” Reagan loses the primary battle to Ford, but the effects are long-lasting. By the time of the Republican convention, Ford abandons the use of the term “detente” altogether, and Reagan supporters succeed in having a “Morality in Foreign Policy” plank added to the Republican platform which repudiates detente, acclaims Solzhenitsyn as a hero, and calls the Helsinki Accords a secret agreement to give unprecedented power to the USSR. Scoblic calls Reagan’s plank “a shocking rebuke to a sitting US president from his own party.” Ford is furious, but is persuaded not to oppose it by his chief of staff, Dick Cheney. [Scoblic, 2008, pp. 77-78]
Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]
Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News
Timeline Tags: Civil Liberties
The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
Limitations on contributions to candidates for federal office;
Disclosure and record-keeping provisions; and
The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
The $1,000 limitation on independent expenditures;
The limitations on expenditures by candidates from their personal funds; and
The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 ; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]
Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan
Timeline Tags: Civil Liberties
President Ford issues Executive Order 11905, which limits the power of the CIA, the NSA, and military intelligence to engage in surveillance of US citizens. Perhaps its most well-known provision is a total ban on “political assassinations” by US government personnel. [Gerald R. Ford, 2/18/1976; Roberts, 2008, pp. 38] The provision is sparked by the Church Commission’s finding (see April, 1976) that assassination is “unacceptable in our society,” and a political embarassment, especially botched attempts such as the CIA’s efforts to kill Cuba’s Fidel Castro. [Grant J. Lilly, 4/6/2006]
The existence of Mount Weather, a secret underground government installation located about 50 miles west of Washington, DC (see 1950-1962), which houses a parallel executive branch that is prepared to take control of the country in the event of a national emergency, is revealed in an article published by The Progressive. According to the article, the secret government-in-waiting is part of the highly classified Continuity of Government (COG) program, which is meant to keep the government functioning in times of disaster. The backup executive branch at Mount Weather attempts to duplicate the functions of the federal government on a day-to-day basis. Should a catastrophe kill or incapacitate the nation’s leaders, the parallel branch will be ready to assume power and re-establish order. The secret government-in-waiting at Mount Weather includes the departments of State, Treasury, Commerce, Agriculture, Health, Interior, Labor, Transportation, and Housing and Urban Development. High-level government officials tell journalist Richard P. Pollock of The Progressive that each federal department at Mount Weather is headed by a single person. These officials form a parallel cabinet and are even referred to by subordinates as “Mr. Secretary.” These alternate cabinet members are appointed by the White House and serve indefinite terms. Many of the officials have held their positions through several administrations. There is also an Office of the Presidency at Mount Weather. According to The Progressive, the Federal Preparedness Agency (FPA) “apparently appoints a special staff to the presidential section, which regularly receives top-secret national security estimates and raw data from each of the federal departments and agencies.” The Progressive adds: “According to a source within the FPA, Mount Weather publishes its own independent reports and drafts its own evaluation of the policies and programs of the federal government. The underground installation also prints in-house reports on hundreds of national and regional topics, including the state of the nation’s economy, health, education, military preparedness, and political trends, the source said.” Pollock comments, “How can a parallel—even if dormant—government be constitutionally acceptable, if Congress has played no significant role in its formation and exercises no control over its day-to-day operations?” [Progressive, 3/1976]
Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]
Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission
Timeline Tags: Civil Liberties
The research team for David Frost, in the midst of marathon interviews with former President Richard Nixon (see Early 1976), has a week to prepare for the upcoming four-hour interview sessions on Watergate (see April 6, 1977).
Countering the 'Other Presidents Did It, Too' Defense - Researcher James Reston Jr. tackles Frost’s possible response to what Reston feels will be Nixon’s last line of defense: that what he did was simply another instance in a long line of presidential misconduct. “Nixon nearly persuaded the American people that political crime was normal,” investigative reporter Jack Anderson had told Nixon biographer Fawn Brodie, a line that haunts Reston. Brodie gives Reston a study commissioned by the House Judiciary Committee (see February 6, 1974) and authored primarily by eminent Yale historian C. Vann Woodward, a study examining the history of presidential misdeeds from George Washington through Nixon. The study was never used. Brodie says that Frost should quote the following from Woodward’s introduction to Nixon: “Heretofore, no president has been proved to be the chief coordinator of the crime and misdemeanor charged against his own administration as a deliberate course of conduct or plan. Heretofore, no president has been held to be the chief personal beneficiary of misconduct in his administration or of measures taken to destroy or cover up evidence of it. Heretofore, the malfeasance and misdemeanor have had no confessed ideological purposes, no constitutionally subversive ends. Heretofore, no president has been accused of extensively subverting and secretly using established government agencies to defame or discredit political opponents and critics, to obstruct justice, to conceal misconduct and protect criminals, or to deprive citizens of their rights and liberties. Heretofore, no president had been accused of creating secret investigative units to engage in covert and unlawful activities against private citizens and their rights.” Frost will ultimately not use the quote, but the quote helps Reston and the other researchers steer their course in preparing Frost’s line of questioning.
Frost Better Prepared - As for Frost, he is much more prepared for his interrogation of Nixon than he has been in earlier sessions, prepped for discussing the details of legalities such as obstruction of justice, corrupt endeavor, and foreseeable consequence. Nixon undoubtedly thwarted justice from being served, and Frost intends to confront him with that charge. Reston worries that the interview will become mired in legalities to the point where only lawyers will gain any substantive information from the session. [Reston, 2007, pp. 112-114]
Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 ] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]
Senator Stuart Symington. [Source: Bettman / Corbis]Legislation introduced by Stuart Symington, a Democratic senator from Missouri, is passed by the US Congress to set out the US position on the non-proliferation of nuclear weapons technology. The legislation, which becomes known as the “Symington amendment,” bans US assistance to any country found to be trafficking in nuclear enrichment or reprocessing technology that is not governed by international safeguards. Authors David Armstrong and Joe Trento will later comment that this puts “both Pakistan [which is thought to be involved in such trafficking] and the Ford administration on notice that nonproliferation would now be taken seriously.” [Armstrong and Trento, 2007, pp. 62]
In Planned Parenthood v. Danforth, the Supreme Court, by a 6-3 vote, says states cannot give husbands veto power over their pregnant wives’ decision to abort their pregnancies. By a 5-4 vote, the court says parents of minor, unwed girls cannot be given an absolute veto over abortions. [CBS News, 4/19/2007]
The scheduled interviews between former President Richard Nixon and British interviewer David Frost (see Early 1976) are postponed until March 1977, due to Nixon’s wife, Pat, being hospitalized with a stroke. In return for the delay, Nixon agrees to five programs devoted to the interviews instead of the originally agreed-upon four. Further, Nixon agrees to talk frankly about Watergate; previously, he had balked at discussing it because of ongoing prosecutions related to the conspiracy. Frost wants the shows to air in the spring of 1977 rather than the summer, when audiences will be smaller; Nixon jokes in reply, “Well, we got one hell of an audience on August 9, 1974” (see August 8, 1974). Nixon welcomes the extra time needed to prepare for the interviews. [Reston, 2007, pp. 53]
Alexandre de Marenches. [Source: Thierry Orban/ Corbis Sygma]Prince Turki al-Faisal, head of Saudi intelligence from 1979, will say in a 2002 speech in the US, “In 1976, after the Watergate matters took place here, your intelligence community was literally tied up by Congress. It could not do anything. It could not send spies, it could not write reports, and it could not pay money. In order to compensate for that, a group of countries got together in the hope of fighting Communism and established what was called the Safari Club. The Safari Club included France, Egypt, Saudi Arabia, Morocco, and Iran.” [Scott, 2007, pp. 62] An Egyptian reporter digging through Iranian government archives will later discover that the Safari Club was officially founded on September 1, 1976. Alexandre de Marenches, head of the French external intelligence service SDECE, was the chief instigator of the group. Millions are spent to create staff, offices, communications, and operational capability. Periodic secret conferences are held in Saudi Arabia, France, and Egypt. This group plays a secret role in political intrigues in many countries, mostly in Africa and the Middle East. For instance, a rebellion in Zaire is put down by Moroccan and Egyptian troops, using French air support. It also plays a role in the US-Egyptian-Israeli peace treaty of 1979. [Cooley, 2002, pp. 15-17] Author Joe Trento will later allege that the Safari Club, and especially the Saudi intelligence agency led by Kamal Adham and then his nephew Prince Turki from 1979 onwards, fund off-the-books covert operations for the CIA. But rather than working with the CIA as it is being reformed during the Carter administration, this group prefers to work with a private CIA made up of fired agents close to ex-CIA Director George Bush Sr. and Theodore Shackley, who Trento alleges is at the center of a “private, shadow spy organization within” the CIA until he is fired in 1979. The Safari Club and rogue CIA will play a major role in supporting the mujaheddin in Afghanistan. [Scott, 2007, pp. 63-64, 111] It is not clear when the Safari Club disbands, but it existence was exposed not long after the shah was deposed in Iran in 1979, and it seems to have disappeared by the time de Marenches stepped down from being head of French intelligence in 1982. [Cooley, 2002, pp. 15-17]
An amendment to a Congressional appropriations bill is signed into law. The amendment, sponsored by Representative Henry Hyde (D-IL), prohibits the use of certain federal funds to fund abortions, and primarily affects Medicaid payments. It will quickly become known as the Hyde Amendment and will be renewed every year thereafter. The amendment is a response to the 1973 legalization of abortion by the US Supreme Court’s Roe v. Wade decision (see January 22, 1973), and represents the first major victory by anti-abortion forces to restrict the availability of abortions in the US. Many abortion advocates say the amendment unfairly targets low-income women, effectively denying them access to abortions, and restricts abortions to women who can pay for them. A 2000 study will show that up to 35 percent of women eligible for Medicaid would have had abortions had public funding been available to them; instead, they carried their pregnancies to term against their own wishes. The American Civil Liberties Union (ACLU) will call the amendment “discriminatory.” In 1993, the wording of the Hyde Amendment will be modified to read, “None of the funds appropriated under this Act shall be expended for any abortion except when it is made known to the federal entity or official to which funds are appropriated under this Act that such procedure is necessary to save the life of the mother or that the pregnancy is the result of an act of rape or incest.” The wording will remain the same for the next 17 years. As the amendment covers only federal spending, some states, including Hawaii and New York, cover abortions. Court challenges will result in the forcible coverage of abortions in other states. [American Civil Liberties Union, 7/21/2004; National Abortion Federation, 2006; National Committee for a Human Life Amendment, 3/2008 ]
The research staff for British interviewer David Frost, preparing for his upcoming interviews with former President Richard Nixon (see Early 1976), receive two key documents from Leon Jaworski’s special prosecutor files (see November 1, 1973) that are, in essence, the government’s plan for questioning Nixon if he were to ever take the stand as a criminal defendant in federal court. One document is entitled “RMN [Richard Milhous Nixon] and the Money,” and concentrates on the March 21, 1973, conversation with then-White House counsel John Dean concerning Watergate burglar E. Howard Hunt’s demand for “hush money” (see Mid-November, 1972) and the attempts in the following weeks to explain away the payments to Hunt. The document is divided into five parts: Nixon’s statements about the money; Nixon’s knowledge of the payouts before March 21; the nature of the payment itself; the cover-up of Nixon’s role in the payout; and Nixon’s role in developing a defense against possible obstruction of justice charges. The second document cites excerpts from the June 20, 1972, conversations between Nixon and his then-senior aide Charles Colson (see June 20, 1972 and June 20, 1972). [Reston, 2007, pp. 45-47]
The research staff for British interviewer David Frost, preparing for his upcoming interviews with former President Richard Nixon (see Early 1976), finds transcripts of two conversations between Nixon and his then-aide Charles Colson from February 1973 (see February 13, 1973 and February 14, 1973) in a batch of documents surrounding the prosecution of the Watergate burglars (see January 1, 1975). Former Watergate prosecutors Richard Ben-Veniste and George Frampton, informally advising the Frost research team, are both keenly interested in the transcripts. “You’ve got something no one else has,” Frampton says. “These transcripts must have been placed in the official exhibit by a clerical error.” The two explain the significance of the conversations between Nixon and Colson: they place Nixon directly in the plot to cover up the Watergate conspiracy six weeks before Nixon says he first learned of it. Frampton shows researcher James Reston Jr. just how he would have used the conversations against Nixon in court, while Ben-Veniste instructs Reston on how Frost should interrogate Nixon as a hostile witness. Frost should ask something like, “Is it still your position, Mr. Nixon, that between 21 March and 30 April, 1973, you acted to stop the cover-up and prosecute the guilty?” When Nixon answers yes, Frost should follow, “But in fact, as late as 16 April, 1973, you were working out ‘scenarios’ with Ehrlichman and Haldeman to make John Dean the Watergate scapegoat, weren’t you?” Other questions to ask include, “By what right were you offering campaign money for the defense of your associates who were charged in a criminal conspiracy?” and “Isn’t it really true that you never made any effort before 21 March to learn the details of a criminal activity that you knew was going on all around you?” [Reston, 2007, pp. 50-51]
Earl Butz. [Source: Slate]Secretary of Agriculture Earl Butz resigns after making a stridently racist joke that is reported in Rolling Stone. Butz, flying from New Mexico to California, found himself on board with singers Pat Boone and Sonny Bono as well as former Nixon White House counsel John Dean, now working as a reporter for Rolling Stone. Butz, whom Time magazine describes as a “gregarious man” with a “barnyard sense of humor,” wanders over to kibitz with Boone and Bono, both active in the Republican Party. When Boone asks why the Republicans aren’t able to attract more black voters, Butz responds: “I’ll tell you what the coloreds want. It’s three things. First, a tight p_ssy; second, loose shoes; and third, a warm place to sh_t.” Dean later reports the joke in his Rolling Stone column, without naming Butz as its source. (Interestingly, a Japanese newspaper sanitized the translation, reporting Butz as saying, “Blacks wanted only three things in life: pleasant family relations, comfortable footwear, and adequate toilet facilities.”) Before long, other media outlets have learned who said it, and Butz was revealed in the media as the perpetrator of the joke.
Ford Initially Defends Butz - President Ford does not immediately fire Butz because the secretary claims that his words were taken out of context; he claims that the joke was preceded with, “Things have come a long way since the days when a ward politician could say…” Ford considers Butz a friend and is reluctant to fire him outright; furthermore, Ford doesn’t want to alienate voters in key farm states. But when both Democrats and Republicans begin calling for Butz’s firing, Butz decides to resign. Butz tells reporters that he is not a racist, and that his resignation “is the price I pay for a gross indiscretion in a private conversation.” Time magazine later reports that Ford’s indecision costs him credibility and support—instead of doing the right thing when the time came, Ford seemed instead to merely cave under pressure. A top Ford aide later says, “I’m afraid some people will start wondering how straight a guy, how nice a fellow the president really is.” Ford loses little support in the farm states; although organizations like the American Farm Bureau Federation bemoan Butz’s resignation, smaller farmers rejoice in his departure, saying that he favored big producers and agribusiness interests over smaller, independent farmers. As for Butz himself, he is remarkably unrepentant and oblivious to the racial content of his humor. He will tell a reporter in the days to follow: “You know, I don’t know how many times I told that joke, and everywhere—political groups, church groups—nobody took offense, and nobody should. I like humor. I’m human.” [Time, 10/18/1976; Reston, 2007, pp. 54]
Casual Racism Mark of Butz's Breed of Politician - In February 2008, in a column marking Butz’s passing, Slate’s Timothy Noah will write that Butz was one of the last of a breed of politicians who routinely peppered their conversations with off-color, racist, and offensive remarks, certain that their power and position made them untouchable. Butz was certainly not the only one in the Nixon and Ford administration to make racist remarks: in 1971, President Nixon himself told Donald Rumsfeld, that blacks “basically are just out of the trees. Now let’s face it, they are.” (Nixon was wise enough not to make such remarks in public.) But by 1976, most lawmakers and office holders had learned to keep such observations to themselves. Noah will write: “Butz was not one of the smarter ones. He was a bigot and, even then, at 66, not a young man. And so he got caught in a paradigm shift. Before Butz, there remained a snickering tolerance among the powerful for jokes denigrating the humanity of blacks, Jews, and homosexuals. After Butz—well, the jokes about gays limped along for awhile, but it finally sank in that racism and anti-Semitism would seldom be tolerated, even in private.” [Slate, 2/4/2008]
A bomb is detonated in the lavatory of Cubana de Aviacion Flight 455. The plane, on its way from Bridgetown, Barbados, to Havana, Cuba, plunges into the sea killing all 73 people aboard. A Cuban exile by the name of Orlando Bosch is accused of masterminding the bombing and spends 11 years in a Venezuelan prison. During Bosch’s time in prison, Otto Reich discusses the possibility of a visa for Bosch with the US State Department. After Bosch is acquitted, he heads to Miami, entering on February 16, 1988 without a visa. [Salon, 1/11/2002]
The neoconservatives of the “Team B” intelligence analysis team (see Early 1976) are unconcerned with the heavy criticism being leveled at their findings about the Soviet threat (see November 1976). Richard Pipes, the head of Team B, says that just because their facts are all wrong, their conclusions from those erroneous “facts” are still correct. Those errors are “just details,” he says. “The important thing was reading the Soviet mindset,” he asserts. “We were saying they don’t want war, but if they do have war, they will resort immediately to nuclear weapons.” Regardless of the errors, Defense Secretary Donald Rumsfeld will hail the findings (see Late November 1976). [Unger, 2007, pp. 57]
A team of young, mid-level CIA and DIA analysts, informally dubbed “Team A,” debates the neoconservative/hardline group of outside “analysts” known as “Team B” (see Early 1976) over the CIA’s estimates of Soviet military threats and intentions. The debate is a disaster for the CIA’s group. Team B uses its intellectual firepower and established reputations of members such as Richard Pipes and Paul Nitze to intimidate, overwhelm, and browbeat the younger, more inexperienced CIA analysts. “People like Nitze ate us for lunch,” recalls one member of Team A. “It was like putting Walt Whitman High versus the [NFL’s] Redskins. I watched poor GS-13s and GS-14s [middle-level analysts with modest experience and little real influence] subjected to ridicule by Pipes and Nitze. They were browbeating the poor analysts.” Howard Stoertz, the national intelligence officer who helped coordinate and guide Team A, will say in hindsight, “If I had appreciated the adversarial nature [of Team B], I would have wheeled up different guns.” Team A had prepared for a relatively congenial session of comparative analysis and lively discussion; Team B had prepared for war.
Ideology Trumps Facts - Neither Stoertz nor anyone else in the CIA appreciated how thoroughly Team B would let ideology and personalities override fact and real data. While CIA analysts are aware of how political considerations can influence the agency’s findings, the foundation of everything they do is factual—every conclusion they draw is based on whatever facts they can glean, and they are leery of extrapolating too much from a factual set. Team A is wholly unprepared for B’s assault on their reliance on facts, a line of attack the CIA analysts find incomprehensible. “In other words,” author Craig Unger will write in 2007, “facts didn’t matter.” Pipes, the leader of Team B, has argued for years that attempting to accurately assess Soviet military strength is irrelevant. Pipes says that because it is irrefutable that the USSR intends to obliterate the US, the US must immediately begin preparing for an all-out nuclear showdown, regardless of the intelligence or the diplomatic efforts of both sides. Team B is part of that preparation. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Intelligence expert John Prados, who will examine the contesting reports, later says that while the CIA analysts believe in “an objective discoverable truth,” the Team B analysts engaged in an “exercise of reasoning from conclusions” that they justify, not in factual, but in “moral and ideological terms.” According to Prados’s analysis, Team B had no real interest in finding the truth. Instead, they employed what he calls an adversarial process similar to that used in courts of law, where two sides present their arguments and a supposedly impartial judge chooses one over the other. Team B’s intent was, in essence, to present the two opposing arguments to Washington policy makers and have them, in author J. Peter Scoblic’s words, “choose whichever truth they found most convenient.” [Scoblic, 2008, pp. 98]
Attacking the Intelligence Community - The first sentence of Team B’s report is a frontal assault on the US intelligence community. That community, the report says, had “substantially misperceived the motivations behind Soviet strategic programs, and thereby tended consistently to underestimate their intensity, scope, and implicit threat.” Team B writes that the intelligence community has failed to see—or deliberately refused to see—that the entire schema of detente and arms limitations negotiations are merely elements of the Soviet push for global domination.
Fighting and Winning a Nuclear War - Team B writes that the Soviets have already achieved measurable superiority in nuclear weaponry and other military benchmarks, and will use those advantages to cow and coerce the West into doing its bidding. The Soviets worship military power “to an extent inconceivable to the average Westerner,” the report asserts. The entire Soviet plan, the report goes on to say, hinges on its willingness to fight a nuclear war, and its absolute belief that it can win such a war. Within ten years, Team B states, “the Soviets may well expect to achieve a degree of military superiority which would permit a dramatically more aggressive pursuit of their hegemonial objectives.” [Scoblic, 2008, pp. 94-95]
Lack of Facts Merely Proof of Soviets' Success - One example that comes up during the debate is B’s assertion that the USSR has a top-secret nonacoustic antisubmarine system. While the CIA analysts struggle to point out that absolutely no evidence of this system exists, B members conclude that not only does the USSR have such a system, it has probably “deployed some operation nonacoustic systems and will deploy more in the next few years.” The absence of evidence merely proves how secretive the Soviets are, they argue. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Anne Cahn, who will serve in the Arms Control and Disarmament Agency in the Carter administration, later says of this assertion, “They couldn’t say that the Soviets had acoustic means of picking up American submarines, because they couldn’t find it. So they said, well maybe they have a non-acoustic means of making our submarine fleet vulnerable. But there was no evidence that they had a non-acoustic system. They’re saying, ‘we can’t find evidence that they’re doing it the way that everyone thinks they’re doing it, so they must be doing it a different way. We don’t know what that different way is, but they must be doing it.‘… [The fact that the weapon doesn’t exist] doesn’t mean that it doesn’t exist. It just means that we haven’t found it yet.” Cahn will give another example: “I mean, they looked at radars out in Krasnoyarsk and said, ‘This is a laser beam weapon,’ when in fact it was nothing of the sort.… And if you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.… I don’t believe anything in Team B was really true.” [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]
Soviet Strike Capabilities Grossly Exaggerated - Team B also hammers home warnings about how dangerous the Soviets’ Backfire bomber is. Later—too late for Team A—the Team B contentions about the Backfire’s range and refueling capability are proven to be grossly overestimated; it is later shown that the USSR has less than half the number of Backfires that B members loudly assert exist (500 in Team B’s estimation, 235 in reality). B’s assertions of how effectively the Soviets could strike at US missile silos are similarly exaggerated, and based on flawed assessment techniques long rejected by the CIA. The only hard evidence Team B produces to back their assertions is the official Soviet training manual, which claims that their air-defense system is fully integrated and functions flawlessly. The B analysts even assert, without evidence, that the Soviets have successfully tested laser and charged particle beam (CPB) weapons. [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 ] (The facility at Semipalatansk that is supposedly testing these laser weapons for deployment is in reality a test site for nuclear-powered rocket engines.) [Scoblic, 2008, pp. 96]
Fundamental Contradiction - One befuddling conclusion of Team B concerns the Soviets’ ability to continue building new and expensive weapons. While B acknowledges “that the Soviet Union is in severe decline,” paradoxically, its members argue that the threat from the USSR is imminent and will grow ever more so because it is a wealthy country with “a large and expanding Gross National Product.”
Allegations 'Complete Fiction' - Cahn will say of Team B’s arguments, “All of it was fantasy.… [I]f you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.” The CIA lambasts Team B’s report as “complete fiction.” CIA director George H. W. Bush says that B’s approach “lends itself to manipulation for purposes other than estimative accuracy.” His successor, Admiral Stansfield Turner, will come to the same conclusion, saying, “Team B was composed of outsiders with a right-wing ideological bent. The intention was to promote competition by polarizing the teams. It failed. The CIA teams, knowing that the outsiders on B would take extreme views, tended to do the same in self-defense. When B felt frustrated over its inability to prevail, one of its members leaked much of the secret material of the proceedings to the press” (see Late November, 1976). Former CIA deputy director Ray Cline says Team B had subverted the National Intelligence Estimate on the USSR by employing “a kangaroo court of outside critics all picked from one point of view.” Secretary of State Henry Kissinger says that B’s only purpose is to subvert detente and sabotage a new arms limitation treaty between the US and the Soviet Union. [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005; Quarterly Journal of Speech, 5/2006 ; Unger, 2007, pp. 53-57]
Costs of Rearmament - In 1993, after reviewing the original Team B documents, Cahn will reflect on the effect of the B exercise: “For more than a third of a century, assertions of Soviet superiority created calls for the United States to ‘rearm.’ In the 1980s, the call was heeded so thoroughly that the United States embarked on a trillion-dollar defense buildup. As a result, the country neglected its schools, cities, roads and bridges, and health care system. From the world’s greatest creditor nation, the United States became the world’s greatest debtor—in order to pay for arms to counter the threat of a nation that was collapsing.” [Bulletin of Atomic Scientists, 4/1993] Former Senator Gary Hart (D-CO) will agree: “The Pro-B Team leak and public attack on the conclusions of the NIE represent but one element in a series of leaks and other statements which have been aimed as fostering a ‘worst case’ view for the public of the Soviet threat. In turn, this view of the Soviet threat is used to justify new weapons systems.” [Quarterly Journal of Speech, 5/2006 ]
Entity Tags: Howard Stoertz, Henry A. Kissinger, Stansfield Turner, Richard Pipes, J. Peter Scoblic, Ray Cline, George Herbert Walker Bush, Craig Unger, Defense Intelligence Agency, ’Team A’, Gary Hart, Anne Cahn, ’Team B’, Carter administration, Arms Control and Disarmament Agency, Paul Nitze, Central Intelligence Agency
Timeline Tags: US International Relations, Neoconservative Influence
Jimmy Carter celebrates his presidential victory. [Source: PBS]Gerald Ford loses the presidency to Democratic challenger Jimmy Carter, an obscure Georgia governor who contrasts himself to the Nixon and Ford administrations by promising “never to tell a lie to the American people.” The Republican Party’s widening rift between its moderate and conservative wings dooms Ford’s chances at being elected to the office he has held by appointment for over two years (see August 9, 1974). [Werth, 2006, pp. 342] Ford’s de facto campaign chairman, Chief of Staff Dick Cheney, contributes heavily to Ford’s loss. Unready for the stresses and demands of a presidential campaign, Cheney nevertheless wrested control from Ford’s ostensible chairman, Bo Calloway, and promptly alienated campaign workers and staffers. Press secretary Ron Nessen will later write, “Some reporters privately started calling him the Grand Teuton, a complex pun referring to his mountainous home state of Wyoming and the Germanic style of his predecessor in the Nixon administration, H. R. Haldeman.” Cheney tried throughout the campaign to move Ford farther to the right than the president was willing to go; even with his attempts, Ford’s primary challenge from Governor Ronald Reagan (R-CA) did much to peel away the right-wing Republican base, while Cheney did little to reassure the liberal and moderate Republicans whom many feel are Ford’s natural base. Cheney succeeded in persuading Ford to adopt a convention platform much farther to the right than Ford, and his supporters, wanted; in particular, the Reaganesque “Morality in Foreign Policy Plank,” which stated, “we shall go forward as a united people to forge a lasting peace in the world based upon our deep belief in the rights of man, the rule of law, and guidance by the hand of God,” alienated many more secular Republicans, who were not comfortable with the aggressive Christianity and implied imperialism contained in the statement. (Ultimately, it took the intervention of James Baker, a veteran Republican “fixer” and close friend of the Bush family, to head off disaster at the nominating convention.) Ford aide James Cannon will say that Cheney “was in over his head.” Had Cheney’s former boss Donald Rumsfeld stayed as chief of staff instead of moving to the Pentagon (see November 4, 1975 and After), Cannon believes Ford would have won a second term. [Dubose and Bernstein, 2006, pp. 40]
Entity Tags: Ron Nessen, Richard (“Dick”) Cheney, Ronald Reagan, James Earl “Jimmy” Carter, Jr., James Cannon, James Baker, Bo Calloway, Gerald Rudolph Ford, Jr, H.R. Haldeman, Donald Rumsfeld
Timeline Tags: Nixon and Watergate
Donald Rumsfeld. [Source: US Defense Department]Defense Secretary Donald Rumsfeld wholeheartedly embraces the “Team B” intelligence analysis of the Soviet nuclear and military threat (see Early 1976), regardless of the fact that the team’s reports are riddled with errors (see November 1976 and November 1976). “No doubt exists about the capabilities of the Soviet armed forces,” he proclaims after reading the team’s final report. “The Soviet Union has been busy. They’ve been busy in terms of their level of effort; they’ve been busy in terms of the actual weapons they’re producing; they’ve been busy in terms of expanding production rates; they’ve been busy in terms of expanding their industrial capacity to produce additional weapons at additional rates.” [Unger, 2007, pp. 57]
Although the entire “Team B” intelligence analysis experiment (see Early 1976, November 1976, and November 1976) is supposed to be classified and secret, the team’s neoconservatives launch what author Craig Unger will call “a massive campaign to inflame fears of the red menace in both the general population and throughout the [foreign] policy community—thanks to strategically placed leaks to the Boston Globe and later to the New York Times.” Times reporter David Binder later says that Team B leader Richard Pipes is “jubilant” over “pok[ing] holes at the [CIA]‘s analysis” of the Soviet threat. Team B member John Vogt calls the exercise “an opportunity to even up some scores with the CIA.” [Unger, 2007, pp. 57] Team member George Keegan tells reporters, “I am unaware of a single important category in which the Soviets have not established a significant lead over the United States… [This] grave imbalance in favor of Soviet military capability had developed out of a failure over the last 15 years to adjust American strategic thinking to Soviet strategic thinking, and out of the failure of the leadership of the American intelligence community to ‘perceive the reality’ of the Soviet military buildup.” Keegan’s colleague William van Cleave agrees, saying that “overall strategic superiority exists today for the Soviet Union,” and adds, “I think it’s getting to the point that, if we can make a trade with the Soviet Union of defense establishments, I’d be heartily in favor of it.” [Scoblic, 2008, pp. 95]
Used to Escalate Defense Spending - The experiment is far more than a dry, intellectual exercise or a chance for academics to score points against the CIA. Melvin Goodman, who heads the CIA’s Office of Soviet Affairs, will observe in 2004: “[Defense Secretary Donald] Rumsfeld won that very intense, intense political battle that was waged in Washington in 1975 and 1976. Now, as part of that battle, Rumsfeld and others, people such as Paul Wolfowitz, wanted to get into the CIA. And their mission was to create a much more severe view of the Soviet Union, Soviet intentions, Soviet views about fighting and winning a nuclear war.” Even though Wolfowitz’s and Rumsfeld’s assertions of powerful new Soviet WMD programs are completely wrong, they use the charges to successfully push for huge escalations in military spending, a process that continues through the Ford and Reagan administrations (see 1976) [Common Dreams (.org), 12/7/2004; BBC, 1/14/2005] , and resurface in the two Bush administrations. “Finally,” Unger will write, “a band of Cold Warriors and neocon ideologues had successfully insinuated themselves in the nation’s multibillion-dollar intelligence apparatus and had managed to politicize intelligence in an effort to implement new foreign policy.” [Unger, 2007, pp. 57-58]
Kicking Over the Chessboard - Former senior CIA official Richard Lehman later says that Team B members “were leaking all over the place… putting together this inflammatory document.” Author and university professor Gordon R. Mitchell will write that B’s practice of “strategically leaking incendiary bits of intelligence to journalists, before final judgments were reached in the competitive intelligence exercise,” was another method for Team B members to promulgate their arguments without actually proving any of their points. Instead of participating in the debate, they abandoned the strictures of the exercise and leaked their unsubstantiated findings to the press to “win” the argument. [Quarterly Journal of Speech, 5/2006 ]
'One Long Air Raid Siren' - In 2002, defense policy reporter Fred Kaplan will sardonically label Team B the “Rumsfeld Intelligence Agency,” and write: “It was sold as an ‘exercise’ in intelligence analysis, an interesting competition—Team A (the CIA) and Team B (the critics). Yet once allowed the institutional footing, the Team B players presented their conclusions—and leaked them to friendly reporters—as the truth,” a truth, Team B alleges, the pro-detente Ford administration intends to conceal. Kaplan will continue, “The Team B report read like one long air-raid siren: The Soviets were spending practically all their GNP on the military; they were perfecting charged particle beams that could knock our warheads out of the sky; their express policy and practical goal was to fight and win a nuclear war.” Team B is flatly wrong across the board, but it still has a powerful impact on the foreign policy of the Ford administration, and gives the neoconservatives and hardliners who oppose arms control and detente a rallying point. Author Barry Werth will observe that Rumsfeld and his ideological and bureaucratic ally, White House chief of staff Dick Cheney “drove the SALT II negotiations into the sand at the Pentagon and the White House.” Ford’s primary opponent, Ronald Reagan, and the neocons’ public spokesman, Senator Henry Jackson, pillory Ford for being soft on Communism and the Soviet Union. Ford stops talking about detente with the Soviets, and breaks off discussions with the Soviets over limiting nuclear weapons. Through Team B, Rumsfeld and the neocons succeed in stalling the incipient thaw in US-Soviet relations and in weakening Ford as a presidential candidate. [Werth, 2006, pp. 341]
Entity Tags: Melvin A. Goodman, New York Times, Paul Wolfowitz, Reagan administration, Ronald Reagan, Richard Lehman, William van Cleave, John Vogt, Richard Pipes, Richard (“Dick”) Cheney, Henry (“Scoop”) Jackson, Gordon R. Mitchell, Bush administration (43), Boston Globe, Barry Werth, Gerald Rudolph Ford, Jr, Bush administration (41), Central Intelligence Agency, ’Team B’, David Binder, Fred Kaplan, Craig Unger, Ford administration, George Keegan, Donald Rumsfeld
Timeline Tags: US International Relations, Neoconservative Influence
Indonesia invades and occupies the former Portuguese colony of East Timor. An estimated 200,000 people—roughly one-third of the country’s population—will be killed in the violence and famine that follow. [Extra!, 11/1993; John Pilger, 1994; Sojourners, 9/1994; BBC, 5/17/2002] The invasion was tacitly approved in advance by US President Gerald Ford and Secretary of State Henry Kissinger, the day before during a meeting with Suharto (see December 6, 1975).
After CIA Director George H. W. Bush meets with the New York Times’s David Binder, the Times publishes a front-page story about the “Team B” analysis experiment (see November 1976). Up till now, Bush has been foursquare against leaking information to the press, especially classified information such as the Team B affair. Dr. Anne Cahn, who will serve in President Carter’s Arms Control and Disarmament Agency, later writes that Bush’s sudden about-face may be sparked in part by President-elect Carter’s refusal to assure Bush that he would continue as CIA director in the new administration. Bush soon appears on NBC’s Meet the Press, and because of Bush’s media leaks and other Team B press revelations (see Late November, 1976), three separate Congressional committees announce their intention to hold hearings on the entire exercise. [Bulletin of Atomic Scientists, 4/1993]
The US Foreign Intelligence Advisory Board recommended in 1970 that “economic intelligence be considered a function of national security” equal to that of other intelligence. In 1977, the NSA, CIA, and Department of Commerce forms a joint “Office of Intelligence Liaison” (later renamed the “Office of Executive Support”) specifically authorized to handle “foreign intelligence” of interest to the Commerce Department, much of it provided by the NSA. The other countries using Echelon, the NSA’s satellite surveillance program, which include Britain, Canada, Australia, and New Zealand, all operate similar programs. President Bill Clinton will extend this operation in 1993. In 1993, the European company Panavia will be specifically targeted over aircraft sales to the Middle East. In 1994, US companies will be given NSA and CIA intelligence intercepts that help them win contracts in Indonesia. Other information that will be provided by US intelligence to US and allied corporations include information about the emission standards for Japanese automobiles, 1995 trade negotiations over the US importing of Japanese luxury cars, France’s participation in the GATT trade negotiations of 1993, and the 1997 Asian-Pacific Economic Conference. [Science and Technology Assessments Office, 8/15/2000]
Roone Arledge. [Source: Slate (.com)]Roone Arledge, the president of ABC Sports, becomes president of ABC News as well. Arledge brings some of the techniques he pioneered as head of the sports division to ABC’s news broadcast practices, including what many call his “up close and personal” approach to politicians and others of interest to the news. Many at ABC opposed Arledge’s ascension, as he lacks any formal training as a journalist, and they fear Arledge will “dumb down” the way news is presented. Many fear he will bring “glitz, glamour, and lower standards to the network,” as Ken Bode will write in 1994. ABC anchor Ted Koppel will later remember: “Peter Jennings and I were convinced hiring Roone was a big disaster. We went to see Fred Pierce, who was then president of ABC.… Roone was famous for having the vision in sports to look at things like slow-motion television and the ability to freeze a frame and the instant replay that flowed out of that. Others invented those technologies; Roone was the man who saw them and said, ‘Here’s a way of doing something on television that’s never been done before.’ And we all gave him credit for that. But we didn’t believe that was what was needed to turn ABC News into a more powerful news division.… [Pierce] listened to us explain why Roone should never become president of ABC News. Then he very politely ushered us out and ignored us.” Arledge will function as head of both the news and sports departments for 17 years; under his guidance, ABC News will earn a number of prestigious awards and lead the ratings for many years against its two network competitors. “Roone created the forum for each of us,” Koppel will later say. “Barbara Walters got 20/20, Peter Jennings got World News Tonight, I got Nightline, Sam Donaldson got PrimeTime Live, and ultimately Roone created This Week With David Brinkley.” CBS News producer Don Hewitt will say after Arledge’s death in 2002, “Just about everything that’s good in television has a Roone Arledge trademark on it.” [New York Times, 3/13/1994; New York Times, 12/29/2002; Disney Legends, 2007] Jennings will recall, “There are only a few people in the business who are really good at looking at a piece in draft, either on paper but particularly on tape, and moving it around so that the up-close-and-personal nature of journalism was front and center.” Arledge will focus ABC’s news broadcasts far more on personalities, sophisticated camera and electronic innovations, and “feature” presentations, and less on issues and so-called “hard news,” transforming the way Americans perceive the news. [New York Times, 12/29/2002] In 2002, Robert Weintraub will deplore Arledge’s penchant for turning journalists and news anchors into celebrities. “[S]ome of his schemes, however brilliant at the time, have made TV sports painful to watch and news almost impossible to finance,” Weintraub will write. “If network executives want to know why TV news is hemorrhaging money, they can start by looking at the anchors’ movie star salaries.” [Slate, 12/29/2002] Bode will write in 1994: “He [was] determined to give the viewers what they were interested in, not necessarily what they needed to know. On the day Elvis [Presley] died in 1977, Mr. Arledge made that the lead story on the ABC evening news; the other networks led with a Washington story about the Panama Canal treaties. It may be the truest measure of Mr. Arledge’s influence on television that on a comparable news day today, all the broadcasts would lead with Presley’s death.” [New York Times, 3/13/1994]
Entity Tags: Barbara Walters, ABC News, Ted Koppel, ABC Sports, Roone Arledge, Robert Weintraub, Sam Donaldson, Ken Bode, David Brinkley, Don Hewitt, Fred Pierce, Peter Jennings, Elvis Presley
Timeline Tags: Domestic Propaganda
The US Department of Energy launches the Solar Energy Research Institute (SERI)‘s National Renewable Energy Laboratory (NREL), a facility dedicated to harnessing power from the sun. [US Department of Energy, 2002 ]
In 1977 Zbigniew Brzezinski, as President Carter’s National Security Adviser, forms the Nationalities Working Group (NWG) dedicated to the idea of weakening the Soviet Union by inflaming its ethnic tensions. The Islamic populations are regarded as prime targets. Richard Pipes, the father of Daniel Pipes, takes over the leadership of the NWG in 1981. Pipes predicts that with the right encouragement Soviet Muslims will “explode into genocidal fury” against Moscow. According to Richard Cottam, a former CIA official who advised the Carter administration at the time, after the fall of the Shah of Iran in 1978, Brzezinski favored a “de facto alliance with the forces of Islamic resurgence, and with the Republic of Iran.” [Dreyfuss, 2005, pp. 241, 251 - 256]
Cato Institute logo. [Source: Cato Institute]The billionaire Koch brothers, Charles and David, launch the libertarian Cato Institute, one of the first of many think tanks and advocacy organizations they will fund (see August 30, 2010). While records of the Koch funding of the institute are not fully available, the Center for Public Integrity learns that between 1986 and 1993 the Koch family gives $11 million to the institute. By 2010, Cato has over 100 full-time employees, and often succeeds in getting its experts and policy papers quoted by mainstream media figures. While the institute describes itself as nonpartisan, and is at times critical of both Republicans and Democrats, it consistently advocates for corporate tax cuts, reductions in social services, and laissez-faire environmental policies. One of its most successful advocacy projects is to oppose government initiatives to curb global warming. When asked why Cato opposes such federal and state initiatives, founder and president Ed Crane explains that “global warming theories give the government more control of the economy.” [New Yorker, 8/30/2010]
President Ford’s exiting chief of staff, Dick Cheney, takes most of his papers and documents with him instead of donating them to the Ford Library as most other White House officials do. Cheney has already made a reputation for himself as an unusually secretive bureaucrat. [Dubose and Bernstein, 2006, pp. 27]
A few days before his inauguration, President-elect Jimmy Carter says to the assembled Joint Chiefs of Staff that he can envision the US and the Soviet Union having much smaller nuclear arsenals—perhaps as low as 200 submarine-based nuclear missiles each, in essence a purely deterrent force. When the comment is leaked to conservative columnists Rowland Evans and Robert Novak, the two write in their column that the chairman of the Joint Chiefs, General George Brown, was “[s]tunned speechless” by the remark. In his inaugural address, Carter continues the theme of nuclear disarmament between the two superpowers, saying he intends to try to “limit the world’s armaments to those necessary for each nation’s domestic safety.” As for the world’s nuclear arsenals, he says, “[W]e will move this year a step towards the ultimate goal—the elimination of all nuclear weapons from this Earth.” [Scoblic, 2008, pp. 105]
An anti-abortion activist enters the Concern Women’s Clinic in Cleveland, Ohio. The activist throws flammable liquid in the face of the receptionist and sets fire to the interior of the building. According to author Harvey Kushner, this occurs in February 1977. [Kushner, 2003, pp. 38] In its extensive listings of clinic attacks, the National Abortion Federation will not list a women’s clinic bombing for February 1977, but it will list an attack very similar to the Concern Clinic attack for February 1978. The organization will describe the bombing as follows: “Man entered clinic, blinded a technician by throwing chemicals, and set center on fire, destroying it. Clinic was full of patients at the time; they escaped without injury.” The monetary damage to the clinic is around $100,000. [National Abortion Federation, 2010]
Paul Warnke, at a 1986 press conference. [Source: Terry Ashe/Time and Life Pictures / Getty Images]President Carter’s nomination of Paul Warnke to head the Arms Control and Disarmament Agency (ACDA) galvanizes opposition from conservatives throughout Washington.
Long Record of Opposing Arms Buildup - Warnke, a trial lawyer who began his political career as general counsel to the secretary of defense under President Johnson and established himself as an outspoken critic of the Vietnam War, has a long record of favoring negotiations with the Soviet Union over confrontation. His 1975 article in Foreign Affairs magazine, “Apes on a Treadmill,” ridiculed the conservative idea that the only way to counter the Soviet nuclear threat is to build ever more nuclear weapons, and earned the lasting enmity of those same conservatives. “We can be first off the treadmill,” he wrote. “That’s the only victory the arms race has to offer.” Carter also wants Warnke to head the administration’s negotiating team in the SALT II (Strategic Arms Limitation Talks) with the Soviets. [New York Times, 11/1/2001; Scoblic, 2008, pp. 101]
Conservative, Neoconservative Counterattack Creates Grassroots Element - The Committee on the Present Danger (CPD—see 1976) leads the opposition to Warnke’s nomination. Even before Warnke is officially nominated, neoconservatives Penn Kemble and Joshua Muravchik write and circulate an anonymous memo around Washington accusing Warnke of favoring “unilateral abandonment by the US of every weapons system which is subject to negotiation at SALT.” The memo also cites the conclusions of the Team B analysts (see November 1976) to deride Warnke’s arguments against nuclear superiority. Shortly after the memo, one of the CPD’s associate groups, the Coalition for a Democratic Majority (CDM) creates a “grassroots” organization, the Emergency Coalition Against Unilateral Disarmament (ECAUD), that actually functions out of the CDM offices in Washington. ECAUD, though an offshoot of the CDM, has a leadership made up of conservatives, including the American Conservative Union’s James Roberts, the Republican National Committee’s Charles Black, and the Conservative Caucus’s Howard Phillips. The directors of Young Americans for Freedom, the Young Republican National Federation, and the American Security Council (see 1978) are on the steering committee. And the executive director is Morton Blackwell, a hard-right conservative who works with direct-mail guru Richard Viguerie. In 2008, author J. Peter Scoblic will write, “Thus were the views of neoconservatives, hawks, and traditional conservatives given a populist base.” [Scoblic, 2008, pp. 101-102]
Contentious Confirmation Hearings - Scoblic describes the opposition to Warnke at his Senate confirmation hearings as “vicious.” Eminent Cold War foreign policy expert Paul Nitze (see January 1976) lambasts Warnke, calling his ideas “demonstrably unsound… absolutely asinine… screwball, arbitrary, and fictitious.” Neoconservative Daniel Patrick Moynihan (D-NY) gives over his first Senate speech to blasting Warnke; Moynihan’s Senate colleague, neoconservative leader Henry “Scoop” Jackson (D-WA—see Early 1970s) joins Moynihan in criticizing Warnke’s nomination, as does Barry Goldwater (R-AZ). Another conservative congressman accuses Warnke, falsely, of working with both Communists and terrorists: according to the congressman, Warnke is in collusion with “the World Peace Council, a Moscow-directed movement which advocates the disarmament of the West as well as support for terrorist groups.” Heritage Foundation chief Paul Weyrich uses Viguerie’s mass-mailing machine to send 600,000 letters to voters urging them to tell their senators to vote “no” on Warnke. [New York Times, 11/1/2001; Scoblic, 2008, pp. 103-104]
Warnke Confirmed, but Resistance Established - Warnke is confirmed by a 70-29 vote for the ACDA, and by a much slimmer 58-40 vote to head the US SALT II negotiating team. The New York Times’s Anthony Lewis later writes of “a peculiar, almost venomous intensity in some of the opposition to Paul Warnke; it is as if the opponents have made him a symbol of something they dislike so much that they want to destroy him.… [I]t signals a policy disagreement so fundamental that any imaginable arms limitation agreement with the Soviet Union will face powerful resistance. And it signals the rise of a new militant coalition on national security issues.” [Scoblic, 2008, pp. 104]
Effective Negotiator - Warnke will resign his position in October 1978. Though he will constantly be under fire from Congressional conservatives, and will frequently battle with administration hawks such as National Security Adviser Zbigniew Brzezinski, he will earn the respect of both American and Soviet negotiators. In 1979, disarmament scholar Duncan Clarke will write that the Soviets come to regard Warnke as one of the toughest of American negotiators, with one Soviet official saying: “We always wondered why Americans would pay so much for good trial attorneys. Now we know.” Warnke will have a strong influence on the eventual shape of the final SALT II agreement (see June 18, 1979-Winter 1979). [New York Times, 11/1/2001; Scoblic, 2008, pp. 104] Upon his death in 2001, fellow negotiator Ralph Earle will say, “Arms control will be forever on the agenda due in large part to Paul and his articulation of the importance of the issues.” [Arms Control Today, 1/1/2002]
Entity Tags: Duncan Clarke, Zbigniew Brzezinski, World Peace Council, Daniel Patrick Moynihan, Coalition for a Democratic Majority, Charles Black, Barry Goldwater, ’Team B’, Anthony Lewis, Arms Control and Disarmament Agency, Richard Viguerie, Ralph Earle, Penn Kemble, Paul Weyrich, James Earl “Jimmy” Carter, Jr., James Roberts, Johnson administration, J. Peter Scoblic, Howard Phillips, Joshua Muravchik, Paul Nitze, Paul Warnke, Henry (“Scoop”) Jackson, Committee on the Present Danger, Emergency Coalition Against Unilateral Disarmament, Morton Blackwell
Timeline Tags: US International Relations
President Carter attempts, and fails, to forge an agreement with the Soviet Union to drastically reduce the number of nuclear weapons the two countries possess (see Mid-January, 1977). Carter’s predecessor, Gerald Ford, left him with the framework of a potentially expansive SALT II (Strategic Arms Limitation Talks) agreement signed in Vladivostok (see November 23, 1974), but that agreement still allowed for an astonishing number of nuclear weapons—2,400 apiece. (The US does not even have 2,400 delivery vehicles.) Carter proposes that both sides significantly reduce their nuclear stockpiles. But Soviet Premier Leonid Brezhnev, lacking the political capital among his more hawkish colleagues and rivals in the Kremlin, not only refuses, but decries the suggestion as nothing but American propaganda. The two nations will eventually sign the SALT II accords two years later (see June 18, 1979-Winter 1979), after a fitful negotiation process, but the agreement will differ little from the Vladivostok agreement of 1974. [Scoblic, 2008, pp. 105]
Time magazine cover from May 9, 1977 touting the Frost/Nixon interviews. [Source: Time]Former President Richard Nixon meets with his interviewer, David Frost, for the first of several lengthy interviews (see Early 1976). The interviews take place in a private residence in Monarch Bay, California, close to Nixon’s home in San Clemente. One of Frost’s researchers, author James Reston Jr., is worried that Frost is not prepared enough for the interview. The interview is, in Reston’s words, a rather “free-form exercise in bitterness and schmaltz.”
Blaming Associates, Justifying Actions, Telling Lies - Nixon blames then-chief of staff H. R. Haldeman for not destroying the infamous White House tapes (see July 13-16, 1973), recalls weeping with then-Secretary of State Henry Kissinger over his resignation, and blames his defense counsel for letting him down during his impeachment hearings (see February 6, 1974). His famously crude language is no worse than the barracks-room speech of former President Dwight D. Eisenhower, he asserts. Frost shows a film of Nixon’s farewell address to the nation (see August 8, 1974), and observes that Nixon must have seen this film many times. Never, Nixon says, and goes on to claim that he has never listened to or watched any of his speeches, and furthermore had never even practiced any of his speeches before delivering them. It is an astonishing claim from a modern politician, one of what Nixon biographer Fawn Brodie calls “Unnecessary Nixon Lies.” [Reston, 2007, pp. 81-91] (In a 1974 article for Harper’s, Geoffrey Stokes wrote that, according to analysis of transcripts of Nixon’s infamous Watergate tape recordings by a Cornell University professor, Nixon spent nearly a third of his time practicing both private and public statements, speeches, and even casual conversations.) [Harper's, 10/1974]
Nixon Too Slippery for Frost? - During the viewing of the tape, Nixon’s commentary reveals what Reston calls Nixon’s “vanity and insecurity, the preoccupation with appearance within a denial of it.” After the viewing, Nixon artfully dodges Frost’s attempt to pin him down on how history will remember him, listing a raft of foreign and domestic achievements and barely mentioning the crimes committed by his administration. “What history will say about this administration will depend on who writes the history,” he says, and recalls British prime minister Winston Churchill’s assertion that history would “treat him well… [b]ecause I intend to write it.”
Reactions - The reactions of the Frost team to the first interview are mixed. Reston is pleased, feeling that Nixon made some telling personal observations and recollections, but others worried that Frost’s soft questioning had allowed Nixon to dominate the session and either evade or filibuster the tougher questions. Frost must assert control of the interviews, team members assert, must learn to cut Nixon off before he can waste time with a pointless anecdote. Frost must rein in Nixon when he goes off on a tangent. As Reston writes, “The solution was to keep the subject close to the nub of fact, leaving him no room for diversion or maneuver.” [Reston, 2007, pp. 81-91]
Back Sunday. [Source: Paramount Pictures]Black Sunday, a big-budget action film, has a storyline centered on a terrorist group trying to hijack the blimp used by television networks to film the Super Bowl football game from the air. The plot by a group of Palestinian terrorists is to load the blimp’s cabin with explosives and poisoned shrapnel, and detonate them over the thousands of spectators at the Super Bowl stadium, including the president of the United States who is attending the game. To stop the terrorists, the FBI calls upon a Mossad agent who has received wind of the plot. This film will be recalled after 9/11 for its resemblance to that day’s attacks. [New York Times, 4/1/1977; New York Times, 9/13/2001]
Interviewer David Frost has a difficult time with his subject, former President Richard Nixon, in the day’s early questioning (see April 6, 1977). Frost attempts to recoup with a line of questioning suggested by his adviser James Reston, Jr., one used in the trial of former Nixon aide John Ehrlichman (see January 1, 1975). Were there no limits to what a president can do, even if the president wants to do something plainly illegal? he asks. Could he do anything despite the law? Burglary? Forgery? Even murder? “If the president does it, that means it’s not illegal,” Nixon retorts. “Never had his imperialism been so baldly stated,” Reston will later reflect. Frost asks if the dividing line between, for example, a police burglary and the murder of an antiwar protester is only the president’s judgment? Nixon agrees, and adds: “There’s nothing specific that the Constitution contemplates in that respect. I haven’t read every word, every jot and every tittle, but I do know this: That it has been, however, argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.” [Time, 5/30/1977; Reston, 2007, pp. 102-105; Landmark Cases, 8/28/2007]
Former President Richard Nixon, generally acknowledged as having bested his interviewer David Frost in the first rounds of a set of interviews (see April 6, 1977), now defends his support for the infamous Huston Plan, admitted by the plan’s author himself to be illegal in its breathtaking contempt for civil liberties and the rule of Constitutional law. Former Watergate prosecutor Philip Lacovara had told Frost’s aide James Reston Jr. that it was surprising Huston was not taken out and shot. Reston will later write acidly: “Not only was Tom Charles Huston not taken out and shot, the plan was calmly considered and signed by Nixon, and was in force for a week, until J. Edgar Hoover objected on territorial rather than philosophical grounds (see July 26-27, 1970). Only then was approval rescinded (although many felt it remained in effect under the code name COINTELPRO).” Reston will write that during this interview, Nixon paints a picture of an America engulfed in armed insurrection, a portrait so convincing that the Huston Plan actually seems a rational response. Frost fails to press the point that the antiwar protests were largely nonviolent and not a threat to national security. [Reston, 2007, pp. 102-105] Frost does ask that if this was indeed so vital to national security, why not ask Congress to make such acts legal? “In theory,” Nixon replies, “this would be perfect, but in practice, it won’t work.” It would merely alert the targeted dissenters and raise a public outcry. [Time, 5/30/1977] This part of the interview sessions will be aired on May 19, 1977. [Landmark Cases, 8/28/2007]
After 14 hours (of the allotted 24) of the Nixon/Frost interviews (see Early 1976), most of the Frost research team feels that former President Richard Nixon has gotten the best of interviewer David Frost. Nixon has largely been allowed to expound at length on his many self-proclaimed triumphs in foreign policy until the last few sessions, and except for brief moments where Frost tried to corner Nixon over his Vietnam and Cambodia policies, Nixon has escaped with his reputation not only untarnished, but likely even somewhat burnished.
Frost Enabling Nixon's Resurrection? - After the day’s interview (see April 6, 1977), many on Frost’s research team lambast him for not pressing the point that Nixon’s arguments contravene almost everything the US stands for. (One television technician wisecracks after the first round of interviews, “If he keeps talking like that, I may vote for him.”) Team member Robert Zelnick tells Frost, “You sound like two old chums, sitting around a pork barrel, talking about a bowling game, rather than about the incredible divisiveness that Nixon himself deliberately caused.” Frost defends himself by saying that Nixon “admitted what we wanted him to,” but Zelnick retorts: “But how is the audience to know? You have to state the opposite view.” Frost’s producer John Birt adds: “Sniping at him is not good enough anymore. The absurdity of his position must be underlined. If you don’t respond to the absurdity, then it appears as if you not only accept his view, but endorse it.” Frost’s afternoon session with Nixon is more challenging, and later some observers categorize the Huston Plan interview as, in the words of author James Reston Jr., “the most damaging period in all the Nixon interviews” (see April 6, 1977).
Intensive Preparation - But Frost’s team is not satisfied. With a week’s break before the next interview, the team decides to push Frost to prepare more intensively for the upcoming Watergate interview sessions. Reston will later note that the Watergate sessions “had to be solid gold. Otherwise the series was dead—commercially as well as substantively. Did Frost realize the jeopardy we were in now? Worse than that: if Nixon’s guilt and his authoritarian impulses were not clearly demonstrated, Frost would take an equivalent position in the history of television to that of Nixon in the history of politics. The epitaph would read, He paid $1 million for Nixon’s resurrection.” [Time, 5/30/1977; Reston, 2007, pp. 102-105]
Advertisement for Nixon/Frost interviews. [Source: Bamboo Trading (.com)]Former President Richard Nixon, generally acknowledged as having bested his interviewer David Frost in the first rounds of interviews (see April 6, 1977), now defends his support for the infamous Huston Plan, admitted by the plan’s author himself to be illegal in its breathtaking contempt for civil liberties and the rule of Constitutional law. Former Watergate prosecutor Philip Lacovara had told Frost’s aide James Reston Jr. that it was surprising Huston was not taken out and shot. Reston will write acidly: “Not only was Tom Charles Huston not taken out and shot, the plan was calmly considered and signed by Nixon, and was in force for a week, until J. Edgar Hoover objected on territorial rather than philosophical grounds (see July 26-27, 1970). Only then was approval rescinded (although many felt it remained in effect under the code name COINTELPRO).” Reston will write that, during this interview, Nixon paints a picture of an America engulfed in armed insurrection, a portrait so convincing that the Huston Plan actually seems a rational response. Frost fails to press the point that the antiwar protests were largely nonviolent and not a threat to national security. [Reston, 2007, pp. 102-105] Frost does ask that if this was indeed so vital to national security, why not ask Congress to make such acts legal? “In theory,” Nixon replies, “this would be perfect, but in practice, it won’t work.” It would merely alert the targeted dissenters and raise a public outcry. [Time, 5/30/1977] This part of the interview sessions will be aired on May 19, 1977. [Landmark Cases, 8/28/2007]
David Frost, the British interviewer conducting a series of interviews with former President Richard Nixon (see Early 1976), spends four hours over three days hammering at Nixon over his involvement in the Watergate conspiracy (see April 13, 1977. April 13, 1977, April 13, 1977, April 15, 1977, and April 15, 1977). His first question is, “With the perspective of three years now, do you feel that you ever obstructed justice or were part of a conspiracy to obstruct justice?”
Wrestling with Proteus - James Reston, Jr., part of Frost’s research team, later notes that the four hours of interviews as edited for later broadcast becomes what “has been called a television epic. It had all the elements of high drama (and occasional high comedy). The tension started high and built towards an almost unbearable, climactic breaking point. It pitted a feisty, beautifully informed inquisitor (see April 7-12, 1976), playing his surprise cards and rehearsed lines masterfully, aware, finally, of his duty as a surrogate prosecutor, aware of the imperative to prove the guilt that all assumed, creatively using the ploys of judicious contempt and reverse patronizing and deadly humor to reduce his intimidating adversary to apology and mawkishness.” Reston finally comes to believe what he has been saying for weeks, that Frost is “the best man in the world for this ultimate task, far better than any American journalist on the scene.” Frost wrestles with Nixon, the “virtuoso of deception” whom he compares to the shape-changing Greek god Proteus, and ultimately pins him down. [Encyclopedia Mythica, 4/10/2001; Reston, 2007, pp. 116-118]
Opening Arguments - Nixon dodges the opening question and tries to redefine “Watergate” as just about every illegal, immoral, or questionable action he had performed as president. “Watergate means all of the charges that were thrown at me during the period before I left the presidency,” Nixon says. But instead of accepting Nixon’s definition and spending four hours touching on the surface of each allegation—mentioning it, letting Nixon deny or evade the charges, then moving on, as most American journalists might well have done—Frost homes in on the Watergate conspiracy itself. When Frost begins listing the crimes and unethical actions committed by Nixon’s underlings, Nixon turns to obfuscation: “You have lumped together a number of charges, and I can’t vouch for the accuracy of them.” (Reston later writes, “So facts became charges” in Nixon’s characterization of events.) Nixon asks for Frost’s sources for each charge, but Frost refuses to respond to the question. [Reston, 2007, pp. 116-118]
In his Watergate interview with former President Richard Nixon (see Early 1976 and April 13-15, 1977), David Frost continues from his earlier questioning about Nixon’s involvement in the Watergate conspiracy (see April 13, 1977) to the events of March 21, 1973 (see March 21, 1973). Now that Nixon’s status as a co-conspirator from the outset has been established, Frost wants to know why Nixon claims not to have known about the illegal aspects of the cover-up, or about the blackmail demands of Watergate burglar E. Howard Hunt, until this date. Nixon is cautious, claiming only that he learned of Hunt’s blackmail demands on March 21, and refusing to acknowledge that he knew anything about the $400,000 in payouts during the eight months preceding (see June 20-21, 1972).
Springing the Trap - Frost circles back, hoping for a flat confirmation: “So March 21 was the first day you learned about an illegal cover-up?” Nixon carefully says that March 21 was the day he learned of the “full import” of the cover-up, only having heard “smatterings” beforehand and being reassured by then-White House counsel John Dean that no White House personnel were involved. Frost springs his trap: “In that case, why did you say in such strong terms to [White House aide Charles] Colson on February 14, more than a month before, ‘The cover-up is the main ingredient, that’s where we gotta cut our losses. My losses are to be cut. The president’s losses got to be cut on the cover-up deal’” (see February 14, 1973). Nixon’s face betrays his shock. “Why did I say that?” he asks rhetorically, trying to gather himself. He fishes around for excuses, quickly settling on media reports at the time that tossed around charges of conspiracies, “hush money” payouts, and promises of executive clemency. That’s all he was referring to in the February 14 conversation, he says: the cover-up itself had to be avoided at all costs. Frost researcher James Reston, Jr. later writes, “It was an exquisite lie, a superb time warp.”
Error Goes Unnoticed - Only later do Reston and other research team members realize that no such stories had appeared in the media by February 14; in fact, allegations of a cover-up never made it into print until after burglar James McCord wrote his letter to Judge John Sirica on March 19 warning the judge of involvement of “higher-ups” in a conspiracy of silence (see March 19-23, 1973). No one had written publicly of any executive clemency deals until the subject was broached during the Senate Watergate investigative hearings (see February 7, 1973). But few of the millions who will see the interview will have the grasp of the chronology of events necessary to realize the extent of Nixon’s dishonesty.
Second Colson Bombshell - Frost reminds Nixon of his conversation with Colson of February 13 (see February 13, 1973), the day before, when they had discussed which Nixon official will have to take the fall for Watergate. Former campaign director John Mitchell couldn’t do it, the conversation went, but Nixon wants to know about Mitchell’s former deputy, Jeb Magruder. “He’s perjured himself, hasn’t he?” Nixon asked Colson. Frost asks Nixon, “So you knew about Magruder’s perjury as early as February the thirteenth?” Nixon bobs and weaves, talking about events from the year before, how Mitchell and Colson hated each other, how Colson and Ehrlichman hated each other. Frost brings Nixon back on point by reading another quote from the February 13 conversation, where Nixon says that “the problem” will come up if “one of the seven [indicted Watergate burglars] begins to talk…” Frost asks, “Now, in that remark, it seems to be that someone running the cover-up couldn’t have expressed it more clearly than that, could he?” Frost wants to know precisely what the phrase “one of the seven begins to talk” means. Nixon argues, but Frost refuses to be distracted. How can it mean anything else except “some sort of conspiracy to stop Hunt from talking about something damaging?” Frost asks. Nixon retorts, “You could state your conclusion, and I’ve stated my views.”
Nixon's Own Words Prove Knowledge, Complicity - Frost proceeds to pepper Nixon with his own quotes proving his knowledge and complicity, nine of them, a barrage that leaves Nixon nearly breathless. Nixon finally accuses Frost of taking his words out of context. Frost’s final quote is from an April 21 meeting where Nixon told aides John Dean and H. R. Haldeman, “Christ, just turn over any cash we got.” [Reston, 2007, pp. 126-134] After the taping, Nixon asks his aides about the Colson transcripts: “What was that tape? I’m sure I never heard that tape before. Find out about that tape.” [Time, 5/9/1977]
Entity Tags: James Reston, Jr, David Frost, Charles Colson, E. Howard Hunt, James McCord, John Sirica, Richard M. Nixon, John Dean, H.R. Haldeman, Jeb S. Magruder, John Mitchell
Timeline Tags: Nixon and Watergate
In his first interview session with former President Richard Nixon about Watergate (see April 13-15, 1977), David Frost moves from the erased Watergate tape (see November 21, 1973) to Nixon’s damning conversation with Charles Colson about “stonewalling” the Watergate investigation. This time around, Frost is far more prepared and ready to deal with Nixon’s tactics of obfuscation and misdirection than in earlier interviews (see April 6, 1977).
Surprise Information - Nixon is unaware that Frost knows about his conversation that same day with Colson (see June 20, 1972). Along with what is known about his conversation with Haldeman, the Colson conversation puts Nixon squarely in the midst of the conspiracy at its outset. More important than Frost’s command of the facts is Frost’s springing of a “surprise card” (Frost researcher James Reston Jr.‘s words) on Nixon at the beginning of the Watergate sessions. Nixon obviously must contend with the questions of what else Frost knows, and how he would ask about it. As Frost details excerpts from the Colson conversation, about “stonewalling” and “hav[ing] our people delay, avoiding depositions,” Reston watches Nixon on the monitor. Reston will later recall: “His jawline seemed to elongate. The corners of his mouth turned down. His eyes seemed more liquid. One could almost see the complicated dials in his head turning feverishly. It was a marvelously expressive face. The range of movement both within the contours of the visage and with the hands was enormous.” Frost concludes with the question, “Now, somewhere you were pretty well informed by this conversation, weren’t you?” After some fumbling and half-hearted admissions of some knowledge, Nixon begins justifying his actions in the conspiracy: “My motive was not to cover up a criminal action, but to be sure that as any slip over—or should I say slop over, a better word—any slop over in a way that would damage innocent people or blow it into political proportions.” [Reston, 2007, pp. 124-126]
Pinning Nixon down on CIA Interference - Frost asks about the conversations of June 23 (see June 23, 1972), when Nixon told his aides to have the CIA interfere with the FBI’s investigation of the burglary. Nixon tries dodging the point, emphasizing how busy he was with other matters that day and quibbling about the definition of the phrase “cover-up,” but finally says that he had no criminal motive in ordering the CIA to stop the FBI from investigating the matter of the Mexican checks found in Watergate burglar Bernard Barker’s bank accounts. He was merely engaged in political containment, he says, and besides, two weeks later, the FBI traced the checks to a Mexican bank anyway (see Before April 7, 1972 and August 1-2, 1972). Nixon emphasizes his instructions to then-FBI director L. Patrick Gray to move forward on the investigation (see July 6, 1972). (Later, Nixon staff member Jack Brennan will admit that they had almost convinced Nixon to admit to the illegality of the June 23 orders, but Nixon had demurred.)
'You Joined a Conspiracy that You Never Left' - It now falls to Frost to confront Nixon with the strictures of the law and the evidence that he had broken those laws. Frost says, “But surely, in all you’ve just said, you have proved exactly that that was the case, that there was a cover-up of criminal activity because you’ve already said, and the record shows you knew, that Hunt and Liddy [E. Howard Hunt and G. Gordon Liddy, the leaders of Nixon’s “Plumbers”] were involved… you knew that, in fact, criminals would be protected.” Nixon protests, “Now just a moment,” but Frost says, “Period.” Frost lectures Nixon on obstruction of justice, saying: “The law states that when intent and foreseeable consequences are sufficient, motive is completely irrelevant.… If I try to rob a bank and fail, that’s no defense. I still tried to rob a bank. I would say you tried to obstruct justice and succeeded in that period” between June 23 and July 6. Nixon retorts that he does not believe Frost knows much about the details of the obstruction of justice statutes, but fails to move Frost, who has been carefully instructed in the obstruction statutes all week. Frost eventually says: “Now, after the Gray conversation, the cover-up went on. You would say that you were not aware of it. I was arguing that you were part of it as a result of the June 23 conversation.” Nixon repeats, “You’re gonna say that I was a part of it as a result of the June 23 conversation?” Reston later writes, “It was a crucial moment, a moment that took considerable courage for David Frost.” Frost replies: “Yes.… I would have said that you joined a conspiracy that you never left.” “Then we totally disagree on that,” Nixon retorts. Reston later writes: “No journalist in America, I concluded, would have had the courage of Frost in that vital moment. But therein lay the failing of American journalism. For Frost here was an advocate. He was far beyond the narrow American definition of ‘objective journalism.’” [Time, 5/9/1977; Reston, 2007, pp. 124-126]
Entity Tags: David Frost, Bernard Barker, Charles Colson, Richard M. Nixon, L. Patrick Gray, James Reston, Jr, E. Howard Hunt, Central Intelligence Agency, G. Gordon Liddy, Jack Brennan
Timeline Tags: Nixon and Watergate
In his first interview session with former President Richard Nixon about Watergate (see April 13-15, 1977), David Frost asks about what then-chief of staff H. R. Haldeman knew on June 20, 1972 (see June 20, 1972), when he and Nixon discussed Watergate in the conversation that would later be erased from Nixon’s secret recordings (see November 21, 1973).
Avoiding Questions - Nixon tries to accuse Frost of putting words in his mouth; Frost refuses to be baited. Nixon then uses diversion, addressing not the June 20 conversation, but instead spinning out a discourse focusing on his lack of advance knowledge of the break-in and accusing the media of pinning unwarranted blame on him. Frost lets him speak, then focuses again on the conversation: “So we come back to, what did Haldeman tell you during the eighteen-and-a-half minute gap?” Nixon dodges the known material in that conversation—the suggested “public relations offensive” to evade criticism and investigation of the burglary, and instead says that he and Haldeman were worried that the Democrats had bugged the Executive Office Building.
Questions about Stennis's Hearing - He tries to segue into a digression about charges of Democratic eavesdropping from the 1950s, but Frost pulls him back, and asks why he offered to allow only one senator, Mississippi Democrat John Stennis (see October 19, 1973), to hear the tapes. Stennis was “alas, partially deaf and very old.” Frost notes that the sound quality of the tapes was often poor, and adds, “If you and [Nixon’s personal secretary] Rose Mary Woods could not hear them clearly, Senator Stennis was not an ideal choice.” Nixon tries to turn Frost’s question into a challenge to Stennis’s intellect and even his integrity, but Frost repeats: “His hearing is crucial. You’ve just said so.” Nixon retorts that he has never noticed a problem with Stennis’s hearing, and even if Stennis had hearing problems, “[a]fter all, there’s an invention called hearing aids…” Frost is clearly enjoying Nixon’s marked discomfiture, but is unaware that he is making a gaffe of his own: Stennis has, by all accounts, perfectly good hearing. However, Nixon knows nothing of Frost’s error, and writhes under Frost’s relentless questioning about Stennis’s alleged inability to adequately hear everything on the tapes. (Frost’s gaffe will not be noticed at the time and will first be revealed in James Reston Jr.‘s 2007 book on the interviews, The Conviction of Richard Nixon.)
Who Erased the Tape? - Frost focuses on the question of who exactly erased the June 20 tape. It has been determined that only three people could have possibly erased the tape: Stephen Bull, Nixon’s assistant; Rose Mary Woods, Nixon’s secretary; and Nixon himself. No one was ever indicted for the crime of destruction of evidence because Watergate prosecutor Leon Jaworski was unable to determine who of the three might have actually performed the erasure. Nixon tells Frost that it could have been rogue Secret Service agents who erased the tape, but that charge falls flat under its own weight of implausibility. Bull had offered to take a lie detector test in denying that he erased the tape. And if Woods had erased the tape, it would have undoubtedly been by accident. The tape was subjected to at least five separate manual erasures, making an accidental erasure unlikely at best. That leaves Nixon as the most likely suspect. Nixon refuses to admit to erasing anything, and Frost says, “So you’re asking us to take an awful lot on trust, aren’t you?”
Avoiding Perjury Charges - After further dodging and weaving, Nixon finally falls back on a legal reason why he won’t answer the question: he had already testified under oath to a grand jury that he had not erased the tape; that Woods most likely erased the tape by accident. Being pardoned for his crimes during his presidency by Gerald Ford (see September 8, 1974) wouldn’t cover his lying under oath after his resignation, he says, and he isn’t going to give a jury a chance to charge him with perjury. [Reston, 2007, pp. 118-122]
Interview Airs in May - This interview will air on US television stations on May 4, 1977. [Television News Archive, 5/4/1977]
Entity Tags: Richard M. Nixon, Stephen Bull, John Stennis, James Reston, Jr, David Frost, Gerald Rudolph Ford, Jr, H.R. Haldeman, Leon Jaworski, Rose Mary Woods
Timeline Tags: Nixon and Watergate
Former President Richard Nixon is nearly 20 minutes late for his second Watergate interview with David Frost (see April 13-15, 1977 and April 13, 1977). Neither Frost nor his team of researchers realize how rattled Nixon is from the last session. Frost begins the interview by asking about the so-called “Dean report” (see March 20, 1973), the results of John Dean’s “internal investigation” of the Watergate conspiracy. Dean’s report would have served two purposes: it would hopefully have removed suspicion from any White House officials as to their involvement in the conspiracy, and, if it was ever pulled apart and shown to be a compendium of lies and evasion, would have pointed to Dean as the central figure in the conspiracy. Dean never wrote the report, but instead became a witness for the prosecution (see April 6-20, 1973. June 3, 1973, and June 25-29, 1973). Since Dean never wrote the report, Frost asks Nixon why he told the deputy attorney general, Henry Peterson, that there was indeed such a report (Nixon had called it “accurate but not full”). Astonishingly, Nixon asserts that Dean did write the report, and that it indeed showed no “vulnerability or criminality on the part of the president… so let’s not get away from that fact.” Frost sees Nixon’s vulnerability. Frost asks when he read the report. Caught, Nixon backs off of his assertion, saying that he “just heard that ah… that he had written a report… ah… the… that… ah… he… ah… ah, considered it to be inadequate.” Frost researcher James Reston, Jr. later writes, “[Nixon] was firmly skewered. His face showed it. His gibberish confirmed it.”
Ehrlichman's Report - Frost moves on to another report on Watergate by former aide John Ehrlichman, the so-called “modified, limited hangout,” and the offer of $200,000 in cash to Ehrlichman and fellow aide H. R. Haldeman for their legal fees. Nixon had told the nation that Ehrlichman would produce an informative and factual report on Watergate, even though he knew by then that Ehrlichman was himself heavily involved in the conspiracy (see August 15, 1973). “That’s like asking Al Capone for an independent investigation of organized crime in Chicago,” Frost observes. “How could one of the prime suspects, even if he was the Pope, conduct an independent inquiry?” Instead of answering the question, Nixon ducks into obfuscation about what exactly constitutes a “prime suspect.”
Nixon Begins to Crack - Reston later writes that, looking back on the interview, it is at this point that Nixon begins to “crack” in earnest. Frost has cast serious doubts on Nixon’s veracity and used Nixon’s own words and actions to demonstrate his culpability. Now Frost asks a broader question: “I still don’t know why you didn’t pick up the phone and tell the cops. When you found out the things that Haldeman and Ehrlichman had done, there is no evidence anywhere of a rebuke, but only of scenarios and excuses.” Nixon responds with what Reston calls a long, “disjointed peroration… about Richard the Isolated and Richard the Victimized… Nixon was desperate to move from fact to sentiment.” But Nixon is not merely rambling. Woven throughout are mentions of the guilt of the various White House officials (but always others, never Nixon’s own guilt), apology, mistakes and misjudgments. Clearly he is hoping that he can paint himself as a sympathetic figure, victimized by fate, bad fortune, and the ill will of his enemies. (Haldeman is so outraged by this stretch that he will soon announce his intention to tell everything in a book—see February 1978; Ehrlichman will call it a “smarmy, maudlin rationalization that will be tested and found false.”) Nixon says he merely “screwed up terribly in what was a little thing [that] became a big thing.”
Crossroads - Frost tries to ease an admission of complicity from Nixon—perhaps if hammering him with facts won’t work, appealing to Nixon’s sentimentality will. “Why not go a little farther?” Frost asks. “That word mistake is a trigger word with people. Would you say to clear the air that, for whatever motives, however waylaid by emotion or whatever you were waylaid by, you were part of a cover-up?” Nixon refuses. Behind the cameras, Nixon staffer Jack Brennan holds up a legal pad with the message “LET’S TALK” (or perhaps “LET HIM TALK”—Reston’s memory is unclear on this point). Either way, Frost decides to take a short break. Brennan hustles Reston into a room, closes the door, and says, “You’ve brought him to the toughest moment of his life. He wants to be forthcoming, but you’ve got to give him a chance.” He wouldn’t confess to being part of a criminal conspiracy, and he wouldn’t admit to committing an impeachable offense. Nixon’s staff has been arguing for days that Nixon should admit to something, but Brennan and Reston cannot agree as to what. Reston later writes that Nixon is at a personal crossroads: “Could he admit his demonstrated guilt, express contrition, and apologize? Two years of national agony were reduced to the human moment. Could he conquer his pride and his conceit? Now we were into Greek theater.” When the interview resumes, Nixon briefly reminisces about his brother Arthur, who died from meningitis at age seven. Was Frost using the story of his brother to open Nixon up? “We’re at an extraordinary moment,” Frost says, and dramatically tosses his clipboard onto the coffee table separating the two men. “Would you do what the American people yearn to hear—not because they yearn to hear it, but just to tell all—to level? You’ve explained how you got caught up in this thing. You’ve explained your motives. I don’t want to quibble about any of that. Coming down to sheer substance, would you go further?” Nixon responds, “Well, what would you express?” Reston will later write, “Every American journalist I have ever known would shrivel at this plea for help, hiding with terror behind the pose of the uninvolved, ‘objective’ interviewer. The question was worthy of Socrates: Frost must lead Nixon to truth and enlightenment.” Frost gropes about a bit, then lists the categories of wrongdoing. First, there were more than mere mistakes. “There was wrongdoing, whether it was a crime or not. Yes, it may have been a crime, too. Two, the power of the presidency was abused. The oath of office was not fulfilled. And three, the American people were put through two years of agony, and… I think the American people need to hear it. I think that unless you say it, you’re going to be haunted for the rest of your life…”
Apology and Admission - Nixon’s response is typically long, prefaced with a rambling discussion of his instructions to speechwriter Ray Price to include his own name with those of Haldeman’s and Ehrlichman’s in the speech announcing their resignations “if you think I ought to” (see April 29, 1973), a litany of all the good things he did while president, and a short, bitter diatribe against those who had sought to bring him down. He never committed a crime, he insists, because he lacked the motive for the commission of a crime.
Terrible Mistakes - But all this is prelude. Nixon shifts to the core of the issue: he had made terrible mistakes not worthy of the presidency. He had violated his own standards of excellence. He deliberately misled the American people about Watergate, he admits, and now he regrets his actions. His statements were not true because they did not go as far as they should have, and “for all of those things I have a deep regret… I don’t go with the idea that what brought me down was a coup, a conspiracy. I gave ‘em the sword. They stuck it in and twisted it with relish. I guess if I’d been in their position, I’d’a done the same thing.” Nixon will not, or perhaps cannot, plainly admit that he broke the law in working to conceal the facts surrounding Watergate, but he does admit that after March 21, 1973, he failed to carry out his duties as president and went to “the edge of the law.… That I came to the edge, I would have to say that a reasonable person could call that a cover-up.” Reston notes that Nixon has just admitted to a standard of guilt high enough for a civil court if not a criminal court. But Nixon isn’t done. [Reston, 2007, pp. 137-155]
Calls Resigning a 'Voluntary Impeachment' - “I did not commit, in my view, an impeachable offense,” he says. “Now, the House has ruled overwhelmingly that I did. Of course, that was only an indictment, and it would have to be tried in the Senate. I might have won, I might have lost. But even if I had won in the Senate by a vote or two, I would have been crippled. And in any event, for six months the country couldn’t afford having the president in the dock in the United States Senate. And there can never be an impeachment in the future in this country without a president voluntarily impeaching himself. I have impeached myself. That speaks for itself.” Resigning the presidency (see August 8, 1974), he says, was a “voluntary impeachment.” [Guardian, 9/7/2007]
Reactions - Frost and his researchers are stunned at Nixon’s statements, as will the millions be who watch the interview when it is broadcast. [Reston, 2007, pp. 137-155] In 2002, Frost will recall, “I sensed at that moment he was most the vulnerable he’d ever be, ever again. It seemed like an almost constitutional moment with his vulnerability at that point.… I hadn’t expected him to go as far as that, frankly. I thought he would have stonewalled more at the last stage. I think that was probably one of the reasons why it was something of a catharsis for the American people at that time that he had finally faced up to these issues, not in a court of law, which a lot of people would have loved to have seen him in a court of law, but that wasn’t going to happen. So—he’d been pardoned. But faced up in a forum where he was clearly not in control and I think that’s why it had the impact it did, probably.” [National Public Radio, 6/17/2002] Not everyone is impressed with Nixon’s mea culpa; the Washington Post, for one, writes, “He went no further than he did in his resignation speech two and a half years ago,” in a story co-written by Watergate investigative reporter Bob Woodward. [Washington Post, 4/30/2007] This interview will air on US television on May 26, 1977. [Guardian, 5/27/1977]
Following his revelatory apology and roundabout admission of guilt in his interview with David Frost (see April 15, 1977), Richard Nixon says that everything has come together to one single, inescapable conclusion. “I let the American people down, and I have to carry that burden with me the rest of my life. My political life is over. I will never yet and never again have an opportunity to serve in any official capacity.” James Reston, Jr, a member of Frost’s research team, later writes that this admission is “the final success of David Frost’s interviews. The danger that this encounter would lead to Nixon’s rehabilitation (see April 6, 1977) had been smothered. His political and personal corruption had been demonstrated. His personality had been exposed. With recognition, with acknowledgment, with acceptance of his guilt, he was a different man now.” As recently as three weeks earlier, he had spoken confidently of his intention to return to public life. That would never happen now.
Anti-Climax - In a scripted television drama, Nixon’s cathartic admission of guilt would have been the final scene. In reality, Nixon and Frost have another twenty minutes of interview time. True to form, as Reston will write, “Not a minute after he accepted responsibility for his own actions, his natural venality asserted itself.” Nixon revisits his claims of persecution by implacably hateful political enemies, and of his own victimization. He even drags Martha Mitchell (see June 22-25, 1972), the recently deceased wife of former campaign chairman John Mitchell, in to share in the blame—according to Nixon, because Mrs. Mitchell was “emotionally disturbed,” she distracted her husband at key times during the Nixon re-election campaign and therefore she is a root cause of the Watergate conspiracy. Reston will call this accusation “tasteless and lowbrow… ghoulish [and] revolting.” (After this story appears in the press, Mrs. Mitchell’s home town of Little Rock, Arkansas, decides to erect a monument of her as a heroine of Watergate.) The interview ends on a final macabre moment, with Frost delicately asking if Nixon had ever considered suicide. “I’m not the suicidal type,” he replies. “I really ought to be. If [I were], I’d have to be like a cat, I’d’a committed suicide a dozen times.” [Reston, 2007, pp. 158-160]
Rehabilitation? - Nixon biographer Conrad Black writes in 2007 that Nixon’s strategy was to rehabilitate himself by admitting his mistakes while refusing to admit to any criminal behavior: “He also knew, but Frost did not, that the first stage in his planned moral renaissance was to resist precisely the desire Frost expressed: that he confess wrongdoing so he could be forgiven. Nixon did not want to be forgiven; he wanted the country to agonize over whether it had unfairly treated him. Apologizing and being forgiven was the easy way out for America, but Nixon wasn’t interested in providing an effortless exit from the moral dilemma he posed to his countrymen.” [Guardian, 9/7/2007] After the interviews, Frost will say that he does not believe Nixon wanted to use the interviews as a way to re-enter public life. [Guardian, 5/27/1977]
In a message to the US Congress, President Jimmy Carter again outlines his position on the non-proliferation of nuclear weapons (see 1975-1976). Carter threatens to cut off US supplies of nuclear fuel and technology to countries that do not accept international safeguards on their use. However, following the Soviet invasion of Afghanistan in late 1979, the Carter administration will turn a blind eye to Pakistan’s nuclear program (see December 26, 1979). [Armstrong and Trento, 2007, pp. 62, 239]
President Jimmy Carter again indicates that he intends to break with the hard line, confrontational policies of the past, particularly regarding the Soviet Union (see Mid-January, 1977). Speaking to the graduating class at Notre Dame University, Carter decries the “intellectual and moral poverty” of the Vietnam War and the militaristic mindset that drove that war, saying that for years the US has “fought fire with fire, never thinking that fire is best quenched with water.” Now that the US is “free of that inordinate fear of Communism,” the country can pursue a much different course, featuring multi-lateral, interdependent relations with a variety of countries, and abandon the isolationism and endless military buildups of the past (see June 1977). Carter will achieve very little of these goals, and by the time his single term ends, he will have begun rebuilding the US’s military and nuclear arsenal again. [Scoblic, 2008, pp. 104-105]
The Watergate portion of the Richard Nixon/David Frost interviews (see April 13-15, 1977) airs on CBS. Forty-five million people, a full third of the US viewing public, watches. Gallup Poll results find that 72 percent of those who watched believe that Nixon is guilty of obstruction of justice and other impeachable crimes; 69 percent think he lied in the interview; 75 percent believe that there is no place for Nixon in public life again. [Reston, 2007, pp. 172-173]
President Jimmy Carter cancels the B-1 bomber program, calling it unnecessary and staggeringly expensive. He says that newly developed cruise missiles, in tandem with the aging B-52 bomber fleet, can adequately deliver nuclear weapons if ever the need arises. Critics call Carter a “unilateral disarmer,” willing to give up key weapons programs without asking for a quid pro quo from the Soviet Union. Vladimir Semenov, the head of the USSR’s SALT II (Strategic Arms Limitation Talks) negotiating team, complains that Carter should have announced the cancellation during US-Soviet negotiations “[s]o that we could both have gotten credit.” [Scoblic, 2008, pp. 105]
The CIA begins covert action against the Communist government in Afghanistan, which is closely tied to the Soviet Union. Some time this year, the CIA begins training militants in Pakistan and beaming radio propaganda into Afghanistan. By April 1979, US officials are meeting with opponents of the Afghan government to determine their needs. [Blum, 1995, pp. 344] Robert Gates, who will become CIA Director in the early 1990s, will later recall that in a meeting on March 30, 1979, Under Secretary of Defense Walter Slocumbe wonders aloud whether there is “value in keeping the Afghan insurgency going, ‘sucking the Soviets into a Vietnamese quagmire.’” [Gates, 1996, pp. 145] In March 1979, there is a major revolt in Herat province, and in June and August there are large scale army mutinies. [Cooley, 2002, pp. 5] President Carter will formally approve covert aid to opponents of the government in July (see July 3, 1979), which will result in a Russian invasion in December (see December 8, 1979).
Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]
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