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Jerald terHorst. [Source: Dirck Halstead / Getty Images]During a White House press briefing, Press Secretary Jerald terHorst is grilled about the fate of the thousands of hours of recordings made by former President Richard Nixon, recordings clandestinely made by Nixon of conversations with his aides, staffers, advisers, and visitors (see February 1971 and July 13-16, 1973). The practice of secretly recording White House conversations began with Franklin D. Roosevelt, but Nixon had gone far beyond the simple recording systems made by his predecessors. He had hidden microphones in the lamps and room fixtures in the Oval Office, his office in the Executive Office Building (EOB), the Cabinet Room, and in the Aspen Lodge at Camp David. In all, he made over 3,700 hours of recordings between July 1971 and July 1973. The tapes are loaded with evidence of criminal conspiracies and deeds involving Nixon and dozens of his closest advisers and aides, and are of intense interest to reporters and the Watergate prosecutors. TerHorst causes a stir when he tells listeners that the tapes are currently being guarded by Secret Service personnel, and “they have been ruled to be the personal property” of Nixon. Ruled by whom? reporters demand. The “ruling” is based on a “formal,” albeit unwritten, legal opinion by White House lawyers Fred Buzhardt and James St. Clair, who had helped frame Nixon’s Watergate defense. TerHorst is unaware of the legal dispute over the tapes brewing in the White House and in the office of Leon Jaworski, the Watergate special prosecutor. Ford was not involved in the decision to turn the materials over to Nixon, says terHorst, but concurs in it. TerHorst is speculating far more than the reporters realize; he has been given little information and only scanty guidance from Buzhardt. When asked if the decision to give the documents and tapes to Nixon comes from “an agreement among the different staffs, the special prosecutor, the Justice Department, and the White House legal staff,” terHorst replies unsteadily, “I assume there would be because I’m sure neither one would just take unilateral action.” [Werth, 2006, pp. 71-75]
Watergate special prosecutor Leon Jaworski receives a phone call from Senator James Eastland (D-MS), the chairman of the Judiciary Committee and a longtime friend of Richard Nixon. Eastland tells Jaworski that Nixon had called him from the Nixon compound in San Clemente, California. Nixon had cried during the conversation, says Eastland: “He said, ‘Jim, don’t let Jaworski put me in that trial with [former aides H. R.] Haldeman and [John] Ehrlichman. I can’t take any more.…’ He’s in bad shape, Leon.” Jaworski asks if Eastland has any plans for a Senate resolution opposing prosecution for Nixon; such a resolution would not be legally binding, but would provide cover for both Jaworski and President Ford if either decided to do something to keep Nixon out of court. “We’ll think on it,” Eastland says. Despite his mandate to pursue Nixon and bring him before a jury, Jaworski does not want Nixon in court. But he cannot find a legal justification for such an action. Prosecution counsel Philip Lacovara will recall: “The whole premise of this exercise called Watergate was to follow the facts wherever they lead, and if they led into the Oval Office, to apply the law to those facts in the same way that the law would apply to any other person. It would be fundamentally inconsistent with the idea of equal application of the law to prosecute people who had acted on President Nixon’s behalf, and indeed under President Nixon’s direction, and to give him a pass.” [Werth, 2006, pp. 74-75]
Lesley Stahl. [Source: John Neubauer / Getty Images]Judge John Sirica, presiding over the Watergate trial of former Nixon aide John Ehrlichman, subpoenas former President Nixon to appear as a witness on behalf of Ehrlichman. Ehrlichman has heard the tapes the prosecution intends to use against him, and, already convicted of conspiracy and lying about his involvement in the Ellsberg break-in (see September 9, 1971), knows he needs a powerful defense to avoid more jail time. He demanded that Watergate special prosecutor Leon Jaworski hand over the White House files on Ehrlichman for his defense. But Jaworski instead gave Ehrlichman an affidavit from Nixon’s former White House lawyer Fred Buzhardt, who affirmed that nothing in those ten million documents would help Ehrlichman in his defense. Days later, Buzhardt suffered a heart attack, rendering it impossible for Ehrlichman to challenge his affirmation. Ehrlichman hopes that the subpoena will muddy the legal waters by provoking a confrontation between Nixon’s lawyers and Jaworski’s. CBS reporter Lesley Stahl informs her viewers, incorrectly, that it seems Jaworski “has indicted Mr. Nixon.” [Werth, 2006, pp. 84-88]
The White House announces that none of former President Richard Nixon’s documents and tapes will be released to him, but will instead remain in White House custody pending a resolution of the legal issues surrounding the materials. Nixon has correctly argued that all other presidents routinely receive their files and documents upon leaving office, but these are extraordinary circumstances and Nixon has no constitutional or legal right to those materials. President Ford’s counsel, Philip Buchen, speaking for Ford, notes that the decision to keep the files “in no way constitutes a denial” that they legally belong to Nixon. Another of Ford’s counselors, Robert Hartmann, later writes that the key to this question is not Nixon’s desire for the files or the Watergate prosecutors’ equal desire for them, but that “Ford wanted to get rid of them. He had no desire to be the daily arbiter of this no-win contest. Nixon’s files were a millstone hung around his fledgling presidency. He desperately wanted to cut himself free.” [Werth, 2006, pp. 83-84]
The House Judiciary Committee releases its final Watergate report, a 528-page document that concludes there is “clear and convincing evidence” that Richard Nixon “condoned, encouraged… directed, coached, and personally helped to fabricate perjury,” had abused the powers of the presidency, and, had he not resigned, should have been removed from office. Ten of Nixon’s staunchest House allies release a concurring statement that says, while Nixon was “hounded from office,” he undoubtedly “impeded the FBI investigation of the Watergate affair… created and preserved the evidence of that transgression… and concealed its terrible import, even from his own counsel, until he could no longer do so. [Nixon] imprisoned the truth about his role in the Watergate cover-up so long and so tightly within the solitude of his Oval Office that it could not be unleashed without destroying his presidency.” The House votes to accept the report 412-3. Committee chairman Peter Rodino (D-NJ) says: “I feel tremendously relieved. The country can get moving again.” [Werth, 2006, pp. 160-161]
Judge John Sirica, presiding over the Watergate trial of H. R. Haldeman, John Ehrlichman, and John Mitchell, postpones their trial until September 30. This gives Watergate special prosecutor Leon Jaworski some much-desired breathing room. Jaworski must decide whether to indict Richard Nixon. Jaworski’s staff unanimously believes Nixon must at least be indicted, if not actively prosecuted, or history will condemn the entire work of the special prosecution. George Frampton, one of Jaworski’s staff, notes that the politicians who could have made a decision on the issue have not done so. In a memo to Jaworski, Frampton writes that no one “can expect you now to abandon your mandate and responsibilities to the administration of justice in order to assume their burden.… I wonder if ten years from now history will endorse the notion that Mr. Nixon has ‘suffered enough.’ The powerful men around him have lost their liberty and their livelihoods. Mr. Nixon, on the other hand, will be supported in lavish style with a pension and subsidies at taxpayer expense until his death. He may reenter public life, no matter how morally crippled.” The breadth and depth of crimes allegedly committed by Nixon are such that Jaworski is not sure where to even start with an indictment. [Werth, 2006, pp. 162-163]
The House of Representatives agrees to allow former Nixon aide H. R. Haldeman and his lawyers to review, but not copy, transcripts, memoranda, and notes from its Watergate inquiry. Haldeman, like Nixon and others, is facing a raft of criminal and civil trials. Haldeman stops in Charlotte, North Carolina, to give a deposition in a civil trial alleging that his tough security measures during a Charlotte visit by Nixon—when local police and Veterans of Foreign Wars members forcibly ejected unwanted audience members—violated protesters’ civil rights. One protester shouts, “Bob, I want you to tell the truth in there and don’t lie.” Haldeman answers, “I’ve never lied in my life.” [Werth, 2006, pp. 161]
Philip Lacovara, a lawyer on Leon Jaworski’s Watergate prosecution staff, is adamant in pushing for an indictment against Richard Nixon (see August 22, 1974). Lacovara is a Goldwater conservative among a coterie of liberals and moderates; it is his role to interpret the team’s duties and responsibilities in light of the Constitution. As such, his recommendations carry weight. Jaworski is also discussing legal strategies with Herbert “Jack” Miller, Nixon’s lawyer, who intends to argue that Nixon cannot be given a fair trial by an impartial jury due to the incredible media coverage of the Watergate conspiracy (see Late August 1974). Jaworski’s prosecutors are solidly behind Lacovara in demanding that Nixon be indicted. “To do otherwise,” prosecutors Richard Ben-Veniste and George Frampton will later write, “was to admit that the enormity of Nixon’s crimes and the importance of his office automatically guaranteed him immunity from prosecution.” [Werth, 2006, pp. 207-208]
A US marshal serves two judicial subpoenas to Richard Nixon at his home in San Clemente, California. Nixon is slated to testify at the upcoming Watergate trials of H. R. Haldeman, John Ehrlichman, and John Mitchell. [Werth, 2006, pp. 223-224]
Philip Lacovara. [Source: Oyez.org]One of Leon Jaworski’s senior Watergate prosecutors, Philip Lacovara, is incensed at what he and many others perceive as waffling by President Ford on the decision to pardon Richard Nixon. Ford has repeatedly acknowledged that he has the right to pardon Nixon if he so chooses, but he has also said that he is leaving the decision to indict to Jaworski. In Lacovara’s opinion, Ford is shifting the burden of responsibility and the possibility of any future blame directly onto Jaworski. Lacovara says that Jaworski should confront Ford, and “put [the matter] squarely to [Ford] over whether he wishes to have a criminal prosecution of the former president or not.… I believe he should be asked to face this issue now and make the operative judgment concerning the former president, rather than leaving this matter in the limbo of uncertainty that has been created.” Lacovara also knows that the question of a pardon hangs over the trial of the Watergate “Big Three”—H. R. Haldeman, John Ehrlichman, and John Mitchell. If Nixon is to be indicted along with these three, and then pardoned during the trial, it would wreak havoc on any chance of winning a guilty verdict for any of the three. If Ford is going to pardon Nixon, Lacovara says, he should do it now, before the Watergate trials can commence. Jaworski has an additional worry, fueled by Nixon’s lawyers: that Nixon might die during the proceedings, and Jaworski will be held to blame. Nixon’s lawyers are calling their client “mortally ill with phlebitis,” Lacovara will recall, and are arguing: “Why should the special prosecutor put this man into his grave? He’d suffered horribly enough and been forced to resign in disgrace. Just as a matter of human decency, this fatally ill man should not be called before the bar.” According to Lacovara, Jaworski does not want to make the decision to indict Nixon. Later, Jaworski tells former Nixon chief of staff Alexander Haig, with whom Jaworski stays in close contact, that his staff is pressuring hm to push Ford to either “fish or cut bait… and not dangle the possibility of a pardon out there. The president needs to know that this is a call that he’s ultimately going to have to make.” [Werth, 2006, pp. 229-232]
Richard Nixon implores his former White House military aide, William Gulley, to help him secure his presidential files—including the so-called Watergate tapes—from White House custody. During the conversation, a melancholy and obviously bitter Nixon tells Gulley: “I’d like you to know that nothing more can hurt me, but associating with me can hurt those who do. You should always remember that, because the media aren’t going to let up on me. This is not going to satisfy them. They won’t be satisfied until they have me in jail.” [Werth, 2006, pp. 242]
President Ford assigns attorney Benton Becker to find out what the technicalities of a presidential pardon are. Among Ford’s questions: Can a president pardon someone before that person is indicted? Would it stop a conviction if issued after an indictment but before jury deliberations? Does a pardon need to cite specific crimes, or can it be for across-the-board violations of the entire US criminal code? Would it affect charges brought by individual states or communities? In light of some senators’ push for Richard Nixon’s impeachment even though he has already resigned, would it stop an impeachment proceeding? “What does a pardon really mean?” Ford asks Becker. “Am I erasing everything he did, as if it never occurred? Does a pardon erase a criminal act or does it only erase criminal punishment?” [Werth, 2006, pp. 248-249]
Defense Secretary James Schlesinger and Attorney General William Saxbe suggest that the Nixon pardon be tied to a proposal to grant conditional amnesty to Vietnam draft evaders, many of whom are still living as “outlaws” in Canada. The proposal has encountered stiff resistance from conservatives and veterans’ groups, but a bigger question is whether an amnesty proposal would be considered some sort of underhanded “quid pro quo” for Nixon’s pardon. The idea is eventually abandoned. [Werth, 2006, pp. 251-252]
Nathan Lewin publishes an angry op-ed column in the New Republic calling for a full investigation and prosecution of Richard Nixon. Lewin is the law partner of Herbert “Jack” Miller, who now represents Nixon. It will be Miller’s job to argue that Nixon should not be indicted by the Watergate special prosecutor, Leon Jaworski. Lewin writes that Nixon “robbed the Senate” of the opportunity to render a strong judgment about his presidency when he resigned, and notes “the probability that Richard Nixon knows of or participated actively in crimes related to Watergate that have not yet been made the subject of a formal charge.” In light of these not-yet-uncovered crimes, Lewin asks, “What possible explanation will there ever be if history records that those who acted on Nixon’s instructions, express or implied, were charged and convicted of crimes and sent to jail while their chief spent his retirement years strolling the Pacific beaches, writing about his accomplishments in foreign policy and lecturing to college students?” Nixon is unworried about Miller’s partnership with Lewin. Miller will decide that the best way to keep Nixon out of the courts is to claim that, because of the massive negative publicity generated by Watergate, there is nowhere in the country Nixon can go to receive a fair trial from an impartial jury. [Werth, 2006, pp. 187-189]
Researching the legal and technical aspects of presidential pardons (see August 30, 1974), Benton Becker, President Ford’s lawyer, finds that they only apply to federal crimes, meaning, for example, that Richard Nixon can still be prosecuted for crimes in California arising from his connections to the Ellsberg burglary (see September 9, 1971). It would not affect a Senate impeachment trial, even though the possibility of that happening is increasingly remote. Becker finds two legal references of particular use in his research: the 1915 Supreme Court case of United States v. Burdick, which attempted to answer the fundamental question of the meaning of a presidential pardon; and an 1833 quote from the first Chief Justice of the Supreme Court, John Marshall, who wrote, “A pardon is an act of grace… which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.” Becker determines that such an “act of grace” is an implicit admission of guilt. Unlike the proposed conditional amnesty for draft evaders (see August 31, 1974), a pardon will strike convictions from the books and exempt those pardoned from any responsibility for answering for their crimes, but it does not forget (in a legal sense) that those crimes took place. “The pardon is an act of forgiveness,” Becker explains. “We are forgiving you—the president, the executive, the king—is forgiving you for what you’ve done, your illegal act that you’ve either been convicted of, or that you’ve been accused of, or that you’re being investigated for, or that you’re on trial for. And you don’t have to accept this—you can refuse this.” The Burdick decision convinces Becker that by pardoning Nixon, Ford can stop his imminent prosecution, and undoubted conviction, without having to condone Nixon’s crimes. For Nixon to accept a pardon would be, in a legal sense, an admission of criminal wrongdoing. [Werth, 2006, pp. 263-265]
Richard Nixon’s lawyer, Jack Miller, has prepared a “deed of trust” for Nixon’s presidential documents and tapes. According to the proposal, Nixon and the government will share ownership, and the files will be available for court subpoenas for up to five years. Two keys will be necessary to access the material, with Nixon retaining one and the General Services Administration (GSA) retaining the second. Miller is not sure Nixon will accept the plan, but he presents it to President Ford’s lawyers Benton Becker and Philip Buchen. (Nixon has another reason for wanting to retain control of the documents; his agent, Irv “Swifty” Lazar, is peddling a proposal for his biography to publishers, with an asking price of over $2 million. The documents will be a necessary source for the biography.) Buchen tells Miller that Ford is considering pardoning Nixon (see August 30, 1974). Miller is not sure Nixon wants a pardon, with its implication of guilt (see September 2, 1974). Miller has had trouble discussing Watergate with Nixon, who does not want to discuss it and certainly does not want to admit any guilt or complicity in the conspiracy. Becker says that the entire issue of Nixon’s pardon, and the concurrent question of the Nixon files, has to be resolved quickly. [Werth, 2006, pp. 280-281]
President Ford and his lawyer, Benton Becker, discuss pardoning Nixon. [Source: David Hume Kennerly / Getty Images]President Ford authorizes his attorney, Benton Becker, to tell Richard Nixon, “It’s not final, but in all probability a pardon will be forthcoming.” Ford agrees not to seek a decision on Nixon’s presidential files (see September 4, 1974) as a condition for a pardon; however, a statement of contrition (if not an outright admission of guilt) is something Ford and his advisers want from Nixon in return for a pardon. As Becker prepares to leave for California to meet with Nixon and his lawyer, Ford tells Becker to carefully judge Nixon’s physical and mental health. As for the records, Becker will later recall: “We walked out of the office; [Ford] had his hand over my shoulder, he said, ‘I will never, ever give up those records. They belong to the American people. You let President Nixon know that I feel very strongly about this.’” [Werth, 2006, pp. 293] When Becker arrives in San Clemente, he meets with Ron Ziegler, Nixon’s former press secretary, who now serves as Nixon’s personal aide. Ziegler tells Becker, “I can tell you right now that President Nixon will make no statement of admission or complicity in return for a pardon from Jerry Ford.” Becker believes Ziegler was forewarned by Ford’s ad hoc chief of staff, Alexander Haig, who has maintained close contact with the Nixon staff since Nixon’s resignation. Ziegler apparently knows that Ford will not insist on either a document turnover or a statement of contrition in return for a pardon, and is toeing a hard line. Angered by what he considers Haig’s intolerable betrayal of Ford, Becker bluffs Ziegler, turning around and preparing to leave without further discussion. The bluff works; Ziegler and Becker discuss the problem until early in the morning hours. [Werth, 2006, pp. 294-295] By the next morning, Becker has overseen a tentative agreement with Nixon’s lawyer Jack Miller and General Services Administration (GSA) head Arthur Sampson. The agreement will “temporarily” store the documents in a facility near San Clemente, under restricted access requiring both Nixon and a GSA official to access the documents, and Nixon retaining control of who accesses the materials. On September 1, 1979, the agreement reads, Nixon will donate the materials entirely to the federal government. As for the tapes, Nixon retains the right to destroy the tapes after five years, which will be destroyed anyway on September 1, 1989, or on the occasion of Nixon’s death, “whichever event shall first occur.” [Werth, 2006, pp. 297-298]
During the careful negotiations over the conditions of Richard Nixon’s possible pardon (see September 5-6, 1974), Nixon aide Ron Ziegler brings up the issue of the “statement of contrition,” and shows Benton Becker, the lawyer negotiating for President Ford, a draft statement. The statement, crafted by a speechwriter, blames the pressures of the office, Nixon’s preoccupation with foreign crises, and his decision to rely on the judgment of his staff, for his alleged involvement. The statement makes no admission of guilt or acceptance of responsibility whatsoever. Such a statement would invite state prosecution of Nixon even if Ford grants him a pardon for federal crimes, Becker notes. Nixon would be better off saying nothing at all than making this statement. A revised statement merely admits that Nixon was guilty of poor judgment. Becker presses for more. A third revision has Nixon admitting that he “can see clearly now that I was wrong in not acting more decisively and more forthrightly in dealing with Watergate, particularly when it reached the stage of judicial proceedings and grew from a political scandal into a national tragedy.” Becker seizes on the word “forthrightly” as an implied admission of contrition and a subtle acceptance of guilt. “The word is a synonym for ‘honestly,’” he will later recall. “That had meaning for me as a former prosecutor, because that meant obstruction of justice.” Ford, contacted by phone about the statement, is not happy with the legal parsing that Becker is trying to stretch into an implied admission of responsibility. Ford will later write, “I was taking one hell of a risk [in pardoning Nixon] and [Nixon] didn’t seem to be responsive at all.” [Werth, 2006, pp. 299-301] Becker finally meets face-to-face with Nixon, who seems to Becker unhealthily aged and almost “freakishly grotesque,” with long, thin arms dangling from the sleeves of his suit. Nixon doesn’t want to discuss Watergate at all, attempting repeatedly to steer the discussion towards football and responding in monosyllables to Becker’s attempts to discuss the details of the forthcoming pardon. After Becker manages to get a grudging, distracted acquiescence from Nixon to the deal, Nixon suddenly turns maudlin. He says Becker has been “a gentleman” towards him, and wants to give him a present. “But look around the office,” he says. “I don’t have anything anymore. They took it all away from me. Everything I had is gone.” Nixon gives Becker the last two bits of presidential memorabilia he owns, taken, he says, “from my personal jewelry box.” They are a presidential tiepin and a pair of presidential seal cufflinks. Nixon is almost in tears, and a distinctly uncomfortable Becker withdraws as graciously as he may. “I just wanted to get the hell out of there,” Becker will later recall. [Werth, 2006, pp. 304-306]
President Ford, realizing that has got all the concessions he is likely to get from Richard Nixon (see September 6, 1974) and fearing that Nixon may die before he can issue any executive clemency, finalizes his plans to announce a pardon for Nixon. He informs his closest advisers. Press secretary Jerald terHorst is not fully aware of the internal dealings for any pardon until he enters the press room, having been informed that Ford is preparing to make a major announcement. TerHorst is stunned at the news that Ford will pardon Nixon. He belatedly realizes that for weeks he has been misled by Ford and, accordingly, he has inadvertently misled the press and the American people about Ford’s intentions. Ford’s explanation that he did not want to force terHorst to lie to the press carries little weight with the press secretary. He feels that his 25-year relationship with Ford has been irrevocably tainted. Nevertheless, terHorst restrains himself, agreeing to come in early the next morning to help craft the statement to the press. But, driving home at the end of the workday, terHorst decides to resign. [Werth, 2006, pp. 312-313]
Ford delivering the televised address in which he announces the pardon of Nixon. [Source: Gerald R. Ford Library and Museum]At 11:01 a.m., President Ford delivers a statement announcing the pardon of former President Richard Nixon to a bank of television cameras and reporters. He calls Watergate and Nixon’s travails “an American tragedy in which we have all played a part.” He says that to withhold a pardon would subject Nixon, and the country, to a drawn-out legal proceeding that would take a year or more, and “[u]gly passions would again be aroused.” The American people would be even more polarized, and the opinions of foreign nations towards the US would sink even further as the highly public testimonies and possible trial of Nixon played out on television and in the press. It is doubtful that Nixon could ever receive a fair trial, Ford says. But Nixon’s fate is not Ford’s ultimate concern, he says, but the fate of the country. His duty to the “laws of God” outweigh his duty to the Constitution, Ford says, and he must “be true to my own convictions and my own conscience. My conscience tells me clearly and certainly that I cannot continue to prolong the bad dreams that continue to reopen a chapter that is closed.… [O]nly I, as president, have the constitutional power to firmly shut and seal this book.… I do believe with all my heart and mind and spirit that I, not as president, but as a humble servant of God, will receive justice without mercy if I fail to show mercy.” Nixon and his family have “suffered enough,” Ford continues, “and will continue to suffer no matter what I do.” Thereby, Ford proclaims a “full, free and absolute pardon upon Richard Nixon for all offenses against the United States which he… has committed or may have committed or taken part in” duiring his presidency. On camera, Ford signs the pardon document. [Werth, 2006, pp. 320-321]
Less than ten minutes after President Ford announces his pardon of Richard Nixon (see September 8, 1974), Nixon’s aide Ron Ziegler reads the “statement of contrition” he and Nixon’s lawyer have agreed to as part of the pardon deal (see September 6, 1974). The statement is substantially the same as the draft agreed upon by Nixon and Ford’s respective representatives. Nixon, traveling with his wife Pat to the Palm Beach, California, estate of Ambassador Walter Annenberg, tells Pat, “This is the most humiliating day of my life.” But, author Barry Werth notes, Nixon has traded for the pardon, and gotten his terms. He will be able to write his own version of history without ever having to admit guilt or responsibility for any aspect of Watergate. He will be able to rehabilitate himself, perhaps even once again play a role in world affairs. He admits to nothing more than “mistakes” and “misjudgment.” Nevertheless, as historian Stephen Ambrose will note, in accepting the pardon, Nixon implicitly acknowledges his guilt. Werth will write in 2006, “Full, free, and absolute, a pardon was also damning and irrevocable—especially for a presumed offender who never was so much as charged with a crime.” Nixon will later write, “Next to the resignation, accepting the pardon was the most painful decision of my political career.” [Werth, 2006, pp. 321-323]
After attending church, President Ford works on the final wording of his statement announcing the pardon of Richard Nixon. His statement will emphasize Nixon’s failing health and decades of service to the Republican Party and America. Ford alerts a few Congressional leaders of his upcoming announcement. Senator Barry Goldwater (R-AZ) is nonplussed. “What are you pardoning him of?” he asks, “It doesn’t make any sense.” Ford replies, “The public has the right to know that in the eyes of the president, Nixon is clear.” Goldwater is taken aback. “He may be clear in your eyes, but he’s not clear in mine,” Goldwater retorts. House Speaker Tip O’Neill (D-MA) is equally blunt. “I’m telling you right now,” O’Neill says: “this will cost you the election. I hope it’s not part of any deal.” Ford responds, “No, there’s no deal,” to which O’Neill says, “Then why the hell are you doing it?” O’Neill says that if Ford has to pardon Nixon, the timing is bad. He needs to wait. Ford disagrees. The resistance from without is reflected inside the White House, when press secretary Jerald terHorst tenders his resignation to Ford (see September 7, 1974). TerHorst’s letter says in part, “I cannot in good conscience support your decision to pardon” Nixon, “even before he has been charged with the commission of any crime. As your spokesperson, I do not know how I could credibly defend that action in the absence of a like decision to grant absolute pardon to the young men who evaded military service (see August 31, 1974) as a matter of conscience and the absence of pardon for former aides of Mr. Nixon who have been charged with crimes—and imprisoned.… [I]t is impossible to conclude that the former president is more deserving of mercy than persons of lesser station in life whose offenses have had far less effect on our national well-being.” [Werth, 2006, pp. 316-319]
Just hours after President Ford announces his pardon of Richard Nixon (see September 8, 1974), he sees evidence that the pardon is even more unpopular than he had feared. The White House switchboard is flooded with “angry calls, heavy and constant,” as Ford’s lawyer Philip Buchen will later recall. The response, says resigning press secretary Jerald terHorst (see September 8, 1974), is roughly 8-1 against. TerHorst’s admission to the press that he is resigning over the pardon adds even more fuel to the blaze of criticism. “I resigned,” terHorst tells reporters, “because I just couldn’t remain part of an act that I felt was ethically wrong.” Reporters almost uniformly side with terHorst against Ford; as author Barry Werth will later write, “the press concluded intrinsically that terHorst’s act of conscience trumped the president’s.” TerHorst’s resignation is inevitably compared to Nixon’s infamous “Saturday Night Massacre” (see October 19-20, 1973), and engenders a similar avalanche of press criticism and public outrage. The day after, protesters greet Ford in Pittsburgh with chants of “Jail Ford!” Conservative columnist George Will writes, “The lethal fact is that Mr. Ford has now demonstrated that… he doesn’t mean what he says.” The New York Times calls the pardon a “profoundly unwise, divisive, and unjust act.… This blundering intervention is a body blow to the president’s own credibility and to the public’s reviving confidence in the integrity of its government.” Ford’s popularity plunges almost overnight from 70 percent to 48 percent; fewer than one in five Americans identify themselves as Republicans. Ford’s biographer John Robert Greene will write that journalists begin “treating Ford as just another Nixon clone in the White House—deceitful, controlled by the leftover Nixonites, and in general no different than any of his immediate predecessors.” Werth will conclude that Ford’s “self-sacrific[e]” is the political equivalent of him “smothering a grenade.” Nixon’s refusal to atone in any fashion for his crimes placed the burden of handling Watergate squarely on Ford’s shoulders, and that burden will weigh on his presidency throughout his term, as well as damage his chances for election in 1976. Ford will later write: “I thought people would consider his resignation from the presidency as sufficient punishment and shame. I thought there would be greater forgiveness.” [Werth, 2006, pp. 328-332] Years later, Ford’s chief of staff, Dick Cheney, will reflect that the pardon should have “been delayed until after the 1974 elections because I think it did cost us seats [in Congress]. If you say that that is a political judgment, it’s true, but then, the presidency is a political office.” [Dubose and Bernstein, 2006, pp. 27]
The Senate votes 55-24 to pass a resolution opposing any more Watergate pardons (see September 8, 1974) until defendants can be tried, rendered a verdict, and exhaust their appeals process, if appropriate. The House of Representatives passes two resolutions asking the White House to submit “full and complete information and facts” regarding the pardon for former President Richard Nixon. [Werth, 2006, pp. 332] In the following months, Congress, angry at the crimes that engendered the pardon, will impose restrictions on the presidency designed to ensure that none of President Nixon’s excesses can ever again take place, a series of restrictions that many in the Ford White House find objectionable. None object more strenuously than Deputy Chief of Staff Dick Cheney. [Dubose and Bernstein, 2006, pp. 28]
President Ford names outgoing chief of staff Alexander Haig to be supreme allied commander in Europe, provoking an outcry in Congress and unprecedented demands that Haig be confirmed for the post by the Senate Armed Services Committee. Senator William Proxmire (D-WI) says, “I’d like to put him under oath to learn his role in the Nixon pardon” (see September 8, 1974). Haig will not be compelled to testify before the committee, but he weathers another scare, this one from inside the White House. Haig is told by former Nixon White House lawyer Fred Buzhardt, who now works for Ford, that the group preparing Ford for his upcoming House testimony on the pardon (see Mid-October 1974) has “prepared sworn testimony for the president that could very well result in your indictment,” as Haig will later write. Haig storms to the White House, reads the testimony, and demands an immediate audience with Ford. White House staffers refuse him. Haig then threatens to announce his knowledge of “a secret effort by Ford people to hurry Nixon out of the presidency behind Ford’s back.” Haig gets the meeting. He learns that Ford has not read the testimony, and decides that Buzhardt’s threat is hollow. [Werth, 2006, pp. 335-336]
Dick Cheney and Donald Rumsfeld speaking to reporters, 1975. [Source: Gaylinkcontent (.com)]President Ford asks Donald Rumsfeld to replace the outgoing Alexander Haig at the White House (see September 16-Late September, 1974). Rumsfeld has long been Haig’s choice to replace him (see August 14, 1974). Ford does not want to give Rumsfeld the official title of “chief of staff,” and instead wants Rumsfeld as “staff coordinator.” The difference is academic. Ford wants the aggressive, bureaucratically savvy Rumsfeld to help him regain control over a White House that is, in the words of author Barry Werth, “riven with disunity, disorganization, and bad blood.” Rumsfeld agrees, and names former Wyoming Congressman Dick Cheney as his deputy (who makes himself valuable by initially doing the lowest forms of bureaucratic scutwork). Rumsfeld and Cheney will eventually wield almost Nixonian power in Ford’s White House, successfully blocking the “in-house liberal,” Vice President Rockefeller, from exerting any real influence, and hobbling Henry Kissinger’s almost-limitless influence.
Blocking of Rockefeller and Kissinger for Ideological and Political Reasons - Rumsfeld begins his in-house assault in classic fashion: trying to cause tension between Kissinger and White House officials by snitching on Kissinger to any White House official who will listen. Kissinger eventually tells Ford: “Don’t listen to [Rumsfeld], Mr. President. He’s running for president in 1980.” Rumsfeld and Cheney do their best to open the White House to hardline defense hawks and the even more hardline neoconservatives led by Senator Henry “Scoop” Jackson (D-WA) and Jackson’s aide, Richard Perle. (Though Rumsfeld and Cheney are not considered neoconservatives in a strict sense, their aims are almost identical—see June 4-5, 1974). Kissinger’s efforts to win a negotiated peace between Israel and Palestine in the Middle East are held in contempt by Rumsfeld, Cheney, and the neoconservatives; using Ford’s press secretary Ron Nessen as a conduit, Rumsfeld and Cheney leak information about the negotiations to the press, helping to cripple the entire peace process. Rumsfeld and Cheney have larger personal plans as well: they want to secure the White House for Rumsfeld, perhaps as early as 1976, but certainly by 1980. One of their methods of winning support is to undercut Kissinger as much as possible; they believe they can win support among the GOP’s right wing by thwarting Kissinger’s “realpolitik” foreign policy stratagems.
Rumsfeld as 'Wizard of Oz' - According to the chief of Ford’s Economic Policy Board, William Seidman, Rumsfeld’s bureaucratic machinations remind him of the Wizard of Oz: “He thought he was invisible behind the curtain as he worked the levers, but in reality everyone could see what he was doing.” Rumsfeld and Cheney will make their most open grasp for power in orchestrating the “Halloween Massacre” (see November 4, 1975 and After). [Werth, 2006, pp. 336-337; Unger, 2007, pp. 49-52]
Entity Tags: William Seidman, Ron Nessen, Richard Perle, Barry Werth, Gerald Rudolph Ford, Jr, Donald Rumsfeld, Richard (“Dick”) Cheney, Henry (“Scoop”) Jackson, Henry A. Kissinger, Nelson Rockefeller, Alexander M. Haig, Jr.
Timeline Tags: Nixon and Watergate
President Ford, weighing whether or not to sign into law a set of amendments strengthening the Freedom of Information Act (FOIA—see January 1974 - September 1974), is given a memo by aide Ken Cole. In it, Cole writes: “There is little question that the legislation is bad on the merits, the real question is whether opposing it is important enough to face the political consequences. Obviously, there is a significant political disadvantage to vetoing a Freedom of Information bill, especially just before an election, when your administration’s theme is one of openness and candor.” [National Security Archive, 11/23/2004] Ford will veto the bill, but Congress will override his veto (see November 20-21, 1974).
E. Howard Hunt. [Source: Michael Brennan / Corbis]Convicted Watergate burglar and former CIA operative E. Howard Hunt (see 2:30 a.m.June 17, 1972) denies that his requests for money from the Nixon White House ever amounted to blackmail or “hush money” (see Mid-November, 1972 and January 8-9, 1973). Writing in Harper’s magazine, Hunt says his situation was comparable to a CIA agent caught and incarcerated in a foreign country. Those agents, he says, are entitled to expect that the government will financially support their families and continue to pay their salaries until the agents are released.
Comparisons to CIA Agents Captured by Foreign Governments - He compares himself to American pilot Francis Gary Powers, whose U-2 surveillance plane was shot down over the Soviet Union during the Eisenhower administration, and who was financially supported by the government until his release. Another agent, John Downey, was kept prisoner for 20 years by China; when he returned, Hunt notes, he was paid twenty years’ worth of back salary. Hunt says that his situation is no different, and that not only was his efforts to secure large sums of cash from the Nixon administration understandable in the context of these captured intelligence agents, but something that should have been expected and handled without comment. “It was this time-honored understanding that for a time buoyed the hopes of the seven men who were indicted—and in two cases tried—for surreptitious entry into Democratic National Headquarters at the Watergate,” he writes. “That their attorneys’ fees were partially paid, that family living allowances were provided—and that these support funds were delivered by clandestine means—was to be expected.”
Dropoff of White House Support - He names then-Nixon campaign chairman John Mitchell, Mitchell’s deputy Jeb Magruder, and then-White House counsel John Dean as the “official sponsors of their project.” The fact that the White House and the CIA paid on Hunt’s demands “clearly indicates,” Hunt claims, “a perception on the Haldeman-Ehrlichman level of the appropriateness of clandestine support.” (H. R. Haldeman and John Ehrlichman were then-President Nixon’s top aides and closest confidantes.) It is only because “[a]s time passed, however, the burden of providing moneys was assumed by less sophisticated personnel” that Hunt’s “urgent requests for overdue support began to be interpreted as threats, i.e. ‘blackmail.’” He says that Dean and perhaps Nixon “misconstrued” the situation. Since there was no question that the “Watergate Seven” would be granted immunity from prosecution, “there was no question of buying silence, of suppressing the truth with ‘hush money.’” He concludes: “The Watergate Seven understood the tradition of clandestine support. Tragically for the nation, not all the president’s men were equally aware.” [Harper's, 10/1974]
Conflict with Other Versions of Events - Hunt’s reconstruction of events directly clashes with others’ recollections and interpretations, as well as the facts themselves (see June 20-21, 1972, June 26-29, 1972, June 29, 1972, July 7, 1972, July 25, 1972, August 29, 1972, December 8, 1972, January 10, 1973, January 10, 1973, March 13, 1973, March 21, 1973, March 21, 1973, and July 5, 1974).
Entity Tags: Francis Gary Powers, E. Howard Hunt, Central Intelligence Agency, Eisenhower administration, H.R. Haldeman, Jeb S. Magruder, John Mitchell, John Downey, John Dean, Nixon administration, John Ehrlichman
Timeline Tags: Nixon and Watergate
President Ford testifies before a House subcommittee about his pardon of President Nixon (see September 8, 1974). When told, “People question whether or not in fact there was a deal” between Nixon and Ford—the presidency traded for a pardon—Ford replies, “There was no deal, period, under no circumstances.” [Werth, 2006, pp. 333] Ford’s testimony is “only the second time in history that the president had ever done that,” Deputy Chief of Staff Dick Cheney will later recall, marveling at Ford’s near-unprecedented agreement. Cheney is incorrect; not only did Abraham Lincoln testify before the House Judiciary Committee in 1862 about a news leak, but both George Washington and Woodrow Wilson had also testified before Congress. [Dubose and Bernstein, 2006, pp. 28]
Former President Richard Nixon is admitted to the hospital with life-threatening blood clots. His lawyer tells Judge John Sirica, who is presiding over the conjoined trials of former Nixon aides John Ehrlichman, H. R. Haldeman, and John Mitchell, that even though Nixon has been subpoenaed to testify (see August 28, 1974), he will not be available to the court until early 1975. Sirica wants the trial over and done with by Christmas. Nixon thusly escapes ever having to publicly answer for, or even discuss under oath, his crimes. [Werth, 2006, pp. 338-339]
The Freedom of Information Act (FOIA), passed in 1966, is significantly strengthened by a series of amendments (see January 1974 - September 1974) which become law over President Ford’s veto. Ford initially wanted to sign the bill as soon as it came to his desk from Congress, but was persuaded to veto it by Chief of Staff Donald Rumsfeld, Defense Secretary Dick Cheney, and the head of the Justice Department’s Office of Legal Counsel, Antonin Scalia. Rumsfeld and Cheney argued that the bill would promote leaks to the media from within the administration, and Scalia wrote a brief judging that the bill was unconstitutional. But Congress, weary of opposition after almost 11 years of investigations, reports, and hearings (and out of patience with executive foot-dragging after the Watergate investigations), is ready to pass the bill. The House of Representatives votes overwhelmingly to override Ford’s veto by a 371-31 vote. The Senate votes to override the veto 65-27. As a result, government attempts to hinder FOIA requests—subjecting requesters to unusual delays, charging requesters exorbitant prices for copying and searching, subjecting requesters to bureaucratic run-arounds, mixing confidential and exempt materials with non-exempt materials and using that juxtaposition to refuse to release materials, and forcing requesters to file costly lawsuits to force compliance—will be markedly constrained. [National Security Archive, 11/23/2004; Roberts, 2008, pp. 10]
Nelson Rockefeller is sworn in as vice president (see August 20, 1974). [Rockefeller Family Archives, 6/7/2007]
Bad Blood and Confirmation Difficulties - Rockefeller has trouble even before taking office. Branded as a liberal by many in the Republican Party, and winning as many enemies as friends with his outsized ego and gladhanding demeanor, Rockefeller garnered swift and obdurate resistance particularly from the right wing both outside the White House (see August 24, 1974) and in (see September 21, 1974 and After). During the Senate’s confirmation hearings, many Democrats and some Republicans relished forcing Rockefeller, one of the wealthiest men in the country, to open his finances to public scrutiny. Even President Ford privately expresses his astonishment. “Can you imagine?” he asked during the hearings. “Nelson lost $30 million in one year and it didn’t make any difference.” When it was revealed that Rockefeller had given huge personal contributions to lawmakers and government officials—including Secretary of State Henry Kissinger—in the form of “loans” that never needed repaying, the Senate hearings became even more inquisitorial. The hearings dragged on for months until Ford personally intervened, telling House and Senate leaders that it was “in the national interest that you confirm Rockefeller, and I’m asking you to move as soon as possible.” [US Senate, 7/7/2007]
Cheney Wanted Reagan - Deputy Chief of Staff Dick Cheney, far more conservative than either Ford or Rockefeller, opposes Rockefeller’s influence from the start, and works with his boss, Chief of Staff Donald Rumsfeld, to minimize Rockefeller’s influence. In 1986, Cheney will say that Ford “should have thought of Ronald Reagan as vice president in the summer of 1974, if you are talking strictly in political terms.” [Dubose and Bernstein, 2006, pp. 38]
Domestic Squabbles - Both Ford and Rockefeller want the new vice president to be what Ford calls “a full partner” in his administration, particularly on domestic issues. Ford appoints him to chair the Domestic Council, but behind the scenes, Rockefeller’s implacable enemy, Rumsfeld, who sees Rockefeller as a “New Deal” economic liberal, blocks his influence at every term, both from personal and ideological dislike and from a desire to keep power in the White House to himself and his small, close-knit aides. (Cheney, ever attentive to indirect manipulations, inflames Rumsfeld’s dislike of Rockefeller even further by suggesting to his nakedly ambitious boss that if Rockefeller was too successful in implementing domestic policy, he would be perceived as “the man responsible for drafting the agenda of 1976,” thus limiting Rumsfeld’s chances of being named vice president in Ford’s re-election campaign (see November 4, 1975 and After). When Rockefeller tries to implement Ford’s suggested policy that domestic policymakers report to Ford through Rockefeller, Rumsfeld interferes. When Rockefeller names one of his trusted assistants, James Cannon, to head the Domestic Council, Rumsfeld slashes the Council’s budget almost to zero. When Rockefeller proposes a $100 billion Energy Independence Authority, with the aim to reduce and perhaps even end the nation’s dependency on foreign energy sources, Rumsfeld joins Ford’s economic and environmental advisers to block its creation. When Rockefeller proposes an idea for the president to Rumsfeld, Rumsfeld hands it off to Cheney, who ensures that it dies a quiet, untraceable bureaucratic death.
Rockefeller Neutralized - Cheney later recalls that Rockefeller “came to a point where he was absolutely convinced that Don Rumsfeld and myself were out to scuttle whatever new initiatives he could come up with.” Rumsfeld and other Ford staffers ensure that Rockefeller is not involved in key policy meetings; when Ford proposes large cuts in federal taxes and spending, Rockefeller complains, “This is the most important move the president has made, and I wasn’t even consulted.” Asked what he is allowed to do as vice president, Rockefeller answers: “I go to funerals. I go to earthquakes.” He says, only half sardonically, that redesigning the vice-presidential seal is “the most important thing I’ve done.” [Dubose and Bernstein, 2006, pp. 38-39; US Senate, 7/7/2007]
Following in Rockefeller's Footsteps - Ironically, when Cheney becomes vice president in 2001, he uses what Rockefeller intended to do as a model for his own, extremely powerful vice presidency. James Cannon, who came into the Ford administration with Rockefeller, will marvel in 2006, “Cheney is now doing what he and Rumsfeld blocked Rockefeller from doing—influencing policy.” [Dubose and Bernstein, 2006, pp. 39-40]
1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 ]
Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom
Timeline Tags: Civil Liberties, Nixon and Watergate
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]
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]
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
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
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
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]
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]
President Jimmy Carter. [Source: The Sietch.org]President Jimmy Carter issues Executive Order 12036, in effect banning domestic surveillance by the CIA and other US intelligence agencies. Carter writes, “No agency within the Intelligence Community shall engage in any electronic surveillance directed against a United States person abroad or designed to intercept a communication sent from, or intended for receipt within, the United States except as permitted by the procedures established pursuant to section 2-201.” That exception allows for the surveillance of US citizens in the case of acquiring “[i]nformation about the capabilities, intentions and
activities of foreign powers, organizations, or persons and their agents…. The measures employed to acquire such information should be responsive to legitimate governmental needs and must be conducted in a manner that preserves and respects established concepts of privacy and civil liberties.” The order also flatly prohibits any assassinations by government officials, saying, “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.… No agency of the Intelligence Community shall request or otherwise encourage, directly or indirectly,
any person, organization, or government agency to undertake activities forbidden by this order or by applicable law.” [White House, 1/24/1978]
H. R. Haldeman’s “The Ends of Power.” [Source: Amazon (.com)]Former Nixon aide H. R. Haldeman, in his autobiography The Ends of Power, advances his own insider theory of the genesis of the Watergate burglaries (see July 26-27, 1970). Haldeman, currently serving a one-year prison sentence for perjuring himself during his testimony about the Watergate cover-up, became so angered while watching David Frost interview former President Nixon, and particularly Nixon’s attempts to pin the blame for Watergate on Haldeman and fellow aide John Ehrlichman (see April 15, 1977), that he decided to write the book to tell his version of events. Some of his assertions:
Nixon, Colson Behind 'Plumbers;' Watergate Burglary 'Deliberately Sabotaged' - He writes that he believes then-President Nixon ordered the operation that resulted in the burglaries and surveillance of the Democratic National Committee (DNC) headquarters because he and Charles Colson, the aide who supervised the so-called “Plumbers” (see Late June-July 1971), were both “infuriated with [DNC chairman Lawrence] O’Brien’s success in using the ITT case against them” (see February 22, 1972). Colson, whom Haldeman paints as Nixon’s “hit man” who was the guiding spirit behind the “Plumbers,” then recruited another White House aide, E. Howard Hunt, who brought in yet another aide, G. Gordon Liddy. Haldeman goes into a more interesting level of speculation: “I believe the Democratic high command knew the break-in was going to take place, and let it happen. They may even have planted the plainclothesman who arrested the burglars. I believe that the CIA monitored the Watergate burglars throughout. And that the overwhelming evidence leads to the conclusion that the break-in was deliberately sabotaged.” O’Brien calls Haldeman’s version of events “a crock.” As for Haldeman’s insinuations that the CIA might have been involved with the burglaries, former CIA director Richard Helms says, “The agency had nothing to do with the Watergate break-in.” Time magazine’s review of the book says that Haldeman is more believable when he moves from unverifiable speculation into provable fact. One such example is his delineation of the conspiracy to cover up the burglaries and the related actions and incidents. Haldeman writes that the cover-up was not a “conspiracy” in the legal sense, but was “organic,” growing “one step at a time” to limit political damage to the president.
Story of Kennedy Ordering Vietnamese Assassination Actually True - He suggests that the evidence Hunt falsified that tried to blame former president John F. Kennedy of having then-South Vietnamese President Ngo Dinh Diem assassination (see Mid-September 1971) may have pointed to the actual truth of that incident, hinting that Kennedy may have ordered the assassination after all.
US Headed Off Two Potentially Catastrophic Nuclear Incidents with USSR, China - He also writes of a previously unsuspected incident where Nixon and other US officials convinced the Soviets not to attack Chinese nuclear sites. And Haldeman tells of a September 1970 incident where the US managed to head off a second Cuban Missile Crisis. Both stories of US intervention with the Soviets are strongly denied by both of Nixon’s Secretaries of State, Henry Kissinger, and William Rogers.
Duality of Nixon's Nature - Haldeman says that while Nixon carried “greatness in him,” and showed strong “intelligence, analytical ability, judgment, shrewdness, courage, decisiveness and strength,” he was plagued by equally powerful flaws. Haldeman writes that Nixon had a “dirty, mean, base side” and “a terrible temper,” and describes him as “coldly calculating, devious, craftily manipulative… the weirdest man ever to live in the White House.” For himself, Haldeman claims to have always tried to give “active encouragement” to the “good” side of Nixon and treat the “bad” side with “benign neglect.” He often ignored Nixon’s “petty, vindictive” orders, such as giving mass lie detector tests to employees of the State Department as a means of finding security leaks. He writes that while he regrets not challenging Nixon more “frontally” to counter the president’s darker impulses, he notes that other Nixon aides who had done so quickly lost influence in the Oval Office. Colson, on the other hand, rose to a high level of influence by appealing to Nixon’s darker nature. Between the two, Haldeman writes, the criminal conspiracy of Watergate was created. (Colson disputes Haldeman’s depiction of his character as well as the events of the conspiracy.) Haldeman himself never intended to do anything illegal, denies any knowledge of the “Gemstone” conspiracy proposal (see January 29, 1972), and denies ordering his aide Gordon Strachan to destroy evidence (see June 18-19, 1972).
Reconstructing the 18 1/2 Minute Gap - Haldeman also reconstructs the conversation between himself and Nixon that was erased from the White House tapes (see June 23, 1972 and July 13-16, 1973). Time notes that Haldeman reconstructs the conversation seemingly to legally camouflage his own actions and knowledge, “possibly to preclude further legal charges against him…” According to Haldeman’s reconstruction, Nixon said, “I know one thing. I can’t stand an FBI interrogation of Colson… Colson can talk about the president, if he cracks. You know I was on Colson’s tail for months to nail Larry O’Brien on the [Howard] Hughes deal (see April 30 - May 1, 1973; O’Brien had worked for Hughes, and Nixon was sure O’Brien had been involved in illegalities). Colson told me he was going to get the information I wanted one way or the other. And that was O’Brien’s office they were bugging, wasn’t it? And who’s behind it? Colson’s boy Hunt. Christ. Colson called [deputy campaign chief Jeb Magruder] and got the whole operation started. Right from the g_ddamn White House… I just hope the FBI doesn’t check the office log and put it together with that Hunt and Liddy meeting in Colson’s office.” Time writes, “If the quotes are accurate, Nixon is not only divulging his own culpability in initiating the bugging but is also expressing a clear intent to keep the FBI from learning about it. Thus the seeds of an obstruction of justice have been planted even before the celebrated June 23 ‘smoking gun’ conversation, which ultimately triggered Nixon’s resignation from office.” Haldeman says he isn’t sure who erased the tape, but he believes it was Nixon himself. Nixon intended to erase all the damning evidence from the recordings, but since he was, Haldeman writes, “the least dexterous man I have ever known,” he quickly realized that “it would take him ten years” to erase everything.
'Smoking Gun' Allegations - Haldeman also makes what Time calls “spectacular… but unverified” allegations concerning the June 23, 1972 “smoking gun” conversations (see June 23, 1972). The focus of that day’s discussion was how the White House could persuade the CIA to head off the FBI’s investigation of the Watergate burglary. The tape proved that Nixon had indeed attempted to block the criminal investigation into Watergate, and feared that the money found on the burglars would be traced back to his own re-election campaign committee. Haldeman writes that he was confused when Nixon told him to tell the CIA, “Look, the problem is that this will open up the whole Bay of Pigs thing again.” When Haldeman asked Helms to intercede with the FBI, and passed along Nixon’s warning that “the Bay of Pigs may be blown,” Helms’s reaction, Haldeman writes, was electric. “Turmoil in the room, Helms gripping the arms of his chair, leaning forward and shouting, ‘The Bay of Pigs had nothing to do with this. I have no concern about the Bay of Pigs.’” Haldeman writes, “I was absolutely shocked by Helms‘[s] violent reaction. Again I wondered, what was such dynamite in the Bay of Pigs story?” Haldeman comes to believe that the term “Bay of Pigs” was a reference to the CIA’s secret attempts to assassinate Cuban dictator Fidel Castro. The CIA had withheld this info from the Warren Commission, the body that investigated the assassination of President Kennedy, and Haldeman implies that Nixon was using the “Bay of Pigs thing” as some sort of blackmail threat over the CIA. Haldeman also hints, very vaguely, that Nixon, when he was vice president under Dwight D. Eisenhower, was a chief instigator of the actual Bay of Pigs invasion. (Time notes that while Vice President Nixon probably knew about the plans, “he certainly had not been their author.”)
Other Tidbits - Haldeman writes that Nixon’s taping system was created to ensure that anyone who misrepresented what Nixon and others said in the Oval Office could be proven wrong, and that Nixon had Kissinger particularly in mind. Nixon kept the tapes because at first he didn’t believe he could be forced to give them up, and later thought he could use them to discredit former White House counsel John Dean. He says Nixon was wrong in asserting that he ordered Haldeman to get rid of the tapes. Haldeman believes the notorious “deep background” source for Washington Post reporters Carl Bernstein and Bob Woodward was actually Fred Fielding, Dean’s White House deputy. Interestingly, Haldeman apparently discovered the real identity of “Deep Throat” in 1972 to be senior FBI official W. Mark Felt (see October 19, 1972). It is unclear why Haldeman now writes that Fielding, not Felt, was the Post source.
Not a Reliable Source - Time notes that Haldeman’s book is far from being a reliable source of information, characterizing it as “badly flawed, frustratingly vague and curiously defensive,” and notes that “[m]any key sections were promptly denied; others are clearly erroneous.” Time concludes, “Despite the claim that his aim was finally to ‘tell the truth’ about the scandal, his book is too self-protective for that.” And it is clear that Haldeman, though he writes how the cover-up was “morally and legally the wrong thing to do—so it should have failed,” has little problem being part of such a criminal conspiracy. The biggest problem with Watergate was not that it was illegal, he writes, but that it was handled badly. He writes, “There is absolutely no doubt in my mind today that if I were back at the starting point, faced with the decision of whether to join up, even knowing what the ultimate outcome would be, I would unhesitatingly do it.” [Time, 2/27/1978; Spartacus Schoolnet, 8/2007]
Entity Tags: Fred F. Fielding, William P. Rogers, E. Howard Hunt, Democratic National Committee, David Frost, Charles Colson, W. Mark Felt, Bob Woodward, Carl Bernstein, US Department of State, Lawrence O’Brien, Richard Helms, John Dean, Jeb S. Magruder, Howard Hughes, Henry A. Kissinger, Gordon Strachan, Dwight Eisenhower, Richard M. Nixon, H.R. Haldeman, John F. Kennedy
Timeline Tags: Nixon and Watergate
Former Nixon White House aide John Ehrlichman reviews his former colleague H. R. Haldeman’s new book about Watergate, The Ends of Power (see February 1978). Ehrlichman is dismissive of the book, calling it “full of… dramatic hyperbole, overstatement and stereotype[s]…” Ehrlichman says some passages in the book are “full of poison [and] factual errors which impeach its substance.” He writes: “Four or five times the reader is told that Bob Haldeman is a direct, unvarnished, no-nonsense b_stard who always tells it like it is. That is the Haldeman I remember. But time after time, the accounts of Watergate events in his book are couched in the vague terms of the diplomat who is walking on eggs.” Ehrlichman writes of his surprise to learn that Nixon probably ordered the burglary of “Pentagon Papers” leaker Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971), though he notes that Nixon “instantly voiced his approval of it” when Ehrlichman told him of the impending operation (see September 8, 1971). Ehrlichman accuses Haldeman of misquoting him, and sometimes making up statements supposedly said by Ehrlichman out of whole cloth. Ehrlichman concludes: “With all its factual inaccuracies, the book does give valid and important insights to anyone interested in the Nixon mystery. Unfortunately, these revelations are unduly restrained and limited in scope. Bob Haldeman was in a unique position to write a truly valuable book about Richard Nixon. I hope that The Ends of Power is not his last word. [Time, 3/6/1978] A Time magazine article calls it “a second-rate book.” [Time, 3/6/1978]
Former FBI Deputy Director W. Mark Felt, who served before and during the Watergate era, denounces the attempts by the Nixon administration to control the FBI and the Justice Department. Felt, who unbeknownst to the public was Washington Post reporter Bob Woodward’s celebrated inside source nicknamed “Deep Throat” (see May 31, 2005), writes scathingly in his memoir The FBI Pyramid of what he calls the “White House-Justice Department cabal” that worked to conceal the Watergate conspiracy. He does not reveal himself to be Woodward’s source. [Woodward, 2005, pp. 33]
According to a 1992 Congressional investigation led by Congressman Charles Schumer (D-NY), between 1979 and 1991, federal law enforcement agencies receive more than 700 tips about BCCI’s criminal activities. The criminal BCCI bank will finally be shut down in 1991 (see July 5, 1991). The tips include BCCI involvement in:
Promoting political unrest in Pakistan.
Smuggling arms to various countries, including Syria, Libya, and Iran.
Financing terrorist groups.
Links to organized crime in the US and Italy.
Time magazine reporters Jonathan Beaty and S.C. Gwynne will later comment in a book: “Too many people knew too much about BCCI, and they knew it long before the bank spun itself into bankruptcy and scandal.… That [CIA Deputy Director] Robert Gates could jokingly refer to it in a conversation with Customs chief William von Raab as the “bank of crooks and criminals” three years before the scandal broke merely reflects the run of knowledge around Washington. Indeed, it would probably have been difficult to find very many people with real power who did not know about the bank, based on the wide distribution of CIA reports.” Schumer will later conclude: “At the very least, there was nobody putting together all the pieces.… You could make a credible case that somebody told them not to do anything about BCCI.” [Beaty and Gwynne, 1993, pp. 346]
The Dutch Ministry of Economic Affairs drafts a memo urging that the government of the Netherlands cover up its actions in regard of Pakistani nuclear scientist A. Q. Khan. Khan’s role in Pakistan’s nuclear weapons efforts has recently been revealed by a German television program (see March 28, 1979), which highlighted how Khan stole nuclear secrets while working in the Netherlands (see May 1, 1972, October 1974, and March-December 15, 1975). The Ministry of Economic Affairs memo states, “It is of the highest priority [to claim] that from the Netherlands, there is not a single contribution to the Pakistani effort.” However, the Dutch government has known the allegations are true for years, but has kept this secret, initially ignored warnings, and even harassed a colleague who blew the whistle on Khan (see Mid-1975, Mid-October 1975, November 1975, July 1976, Second Half of 1976, and (August 1976)). The Dutch government decides in line with the memo, and issues an interim report whitewashing Khan’s actions in the Netherlands. [Levy and Scott-Clark, 2007, pp. 57]
President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]
The Supreme Court refuses to hear a case brought against President Jimmy Carter by Senator Barry Goldwater (R-AZ) and several other conservative lawmakers. In Goldwater v. Carter, the senators argue that Carter exceeded his authority in unilaterally withdrawing the United States from a mutual defense treaty with Taiwan. Carter took the unusual step in order to recognize the Communist government in mainland China as the US-recognized representative government of China. Goldwater and his fellows argued that Congress, not the president, has the power to withdraw the US from a treaty with another nation. The Court, in an 8-1 decision with liberal Justice William Brennan dissenting, rules that the case is not appropriate for the judiciary, but should be resolved via negotiation and legislation between the legislative and executive branches. Conservative Justice William Rehnquist writes the majority opinion. Congress, controlled by Carter’s Democratic Party, does not address the question of how to properly withdraw the nation from a treaty, and Carter’s action stands. [Savage, 2007, pp. 141-142; Oyez (.org), 6/2007]
Bruce Ivins teaching a child how to juggle in 1983. [Source: Sam Yu / Frederick News-Post]Future anthrax attacks suspect Bruce Ivins begins working at USAMRIID, the US Army’s top bioweapons laboratory. He will continue working there until a few weeks before his suicide in July 2008 (see July 29, 2008). He has master’s and doctoral degrees in microbiology. His work at USAMRIID will generally focus on developing anthrax vaccines. He frequent conducts experiments on animals to test vaccines for various types of anthrax exposure. His experiments use only wet anthrax, not the dry powdered anthrax that will be used in the 2001 anthrax attacks. Ivins has a stable decades-long marriage, several children, and is popular with colleagues and friends. One coworker will later say: “a lot of people cared about him.… He is not Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). He’s not the Unabomber” (see April 3, 1996). [Los Angeles Times, 8/1/2008; Washington Post, 8/2/2008]
The 23rd largest commercial bank in the country gets a package of $1.5 billion in financial assistance, in exchange for close supervision of its operations by the Federal Deposit Insurance Corporation (FDIC). The aid consists of a $1 billion bank line of credit from the Federal Reserve, a $325 million loan from the FDIC written as a subordinated note to be paid off after five years and interest-free for the first year, and $175 million in other notes to a group of commercial banks. The following year, as regulators and the banking industries search for a response to a rising incidence of bank insolvency, the First Pennsylvania agreement will be seen by some as a model. [Wall Street Journal, 6/8/1981]
President Jimmy Carter signs the Depository Institutions Deregulation and Monetary Control Bill into law. Carter says the bill will “help control inflation, strengthen our financial institutions and help small savers.” Among the bill’s main provisions are raising of ceilings on the interest paid to small savers and a substantial enhancement to the monetary control powers of the nation’s central bank, the Federal Reserve System. The main provisions of the law:
Permanently overrides state-imposed ceilings on mortgage rates unless states act within three years to reenact them.
Wipes out for three years interest rate limits on agricultural and business loans of more than $25,000.
Increases to 15 percent from 12 percent the maximum interest rate on credit union loans, with even higher rates possible for periods up to 18 months.
Continues use of credit union share drafts, bank’s automatic transfer accounts and remote service units.
Simplifies truth-in-lending laws.
Requires lenders to repay consumers for overcharges.
Authorizes federal savings and loan associations to expand their consumer loan and credit card operations and allows them to offer trust services.
Gives the Federal Reserve a more effective reach by establishing a universal and uniform system of banking reserves. Over an eight year period all depository institutions, including savings and loan associations and mutual savings banks, will be encouraged to post reserves with their chapter Federal Reserve banks which will be 12 percent of all transactions as opposed to the tiered structure at 16 1/4 percent, leaving those that left the Federal Reserve System prior to the enactment of this law at a competitive disadvantage until they themsleves register their funds with the Federal Reserve. [New York Times, 4/1/1980, pp. 1]
US Undersecretary of State for Security Assistance James Buckley tells the Senate Committee on Governmental Affairs that he has received “absolute assurances” from Pakistan that it will not develop or test a nuclear warhead. Buckley will make a similar statement to the House Foreign Affairs Committee in September (see September 1981). [Levy and Scott-Clark, 2007, pp. 88] However, Pakistan is pressing ahead with its nuclear weapons program (see Shortly After May 1, 1981) and the current Reagan administration has indicated it will turn a blind eye (see April 1981).
Robert Sensi’s membership card in Republicans Abroad. [Source: Larry J. Kolb]According to a later account by Robert Sensi, a young CIA agent with excellent contacts among prominent Arabs, the Republican National Committee opens what Sensi calls “a secret channel to Iran.” Sensi is not only alluding to the secret plans for the US to sells arms to Iran, which is just developing (see Early 1980), but to the “October Surprise” of the November 1980 US presidential elections (see October 1980). Sensi will bring the matter up to author and fellow CIA agent Larry Kolb in a Washington, DC, hotel bar in 1986, but will not go into detail. Sensi will note that CIA Director William Casey has been involved in the US’s secret dealings with Iran since the outset, as has Robert Carter, the deputy director of Ronald Reagan’s presidential campaign. Sensi will say that Casey, Carter, and the other participants are using the overseas political organization Republicans Abroad as cover for more covert activities. The organization is “a great drawing card,” according to Sensi, who is a member. “It gives us access to embassies and a lot of people we would have had a hard time getting to without the cachet of representing the ruling party in the United States.” Writing in 2007, Kolb will reflect on the Republican Party’s “own in-house team of covert operatives, as capable of conducting espionage and sabotage for the Republican Party as for the CIA. It seemed the Republicans were still doing what they had been caught doing during Watergate. Spying on and sabotaging the Democrats. Ratf_cking, as the Republican operatives called it (see October 7, 1972). Coming just a few years after the Watergate national Passion Play and all it had put our country through, this seemed flagrant and foul, like sleaze squared. And like politics-as-usual.” [Kolb, 2007, pp. 28-29]
Incoming presidential chief of staff James Baker asks a former chief of staff, Dick Cheney (see November 4, 1975 and After), for advice on handling the job. Baker takes four pages of handwritten notes covering his conversation with Cheney. Most of the notes cover mundane topics such as personnel and managing the president’s schedule. But Cheney offers at least one piece of policy advice. According to Baker’s notes: “Pres. seriously weakened in recent yrs. Restore power & auth [authority] to Exec Branch—Need strong ldr’ship. Get rid of War Powers Act—restore independent rights.” Baker notes Cheney’s emphasis of this last idea by marking it with two double lines and six asterisks, and a note in the margin, “Central theme we ought to push.” [Savage, 2007, pp. 43]
Donald Gregg. [Source: Spartacus Educational]Vice President George H. W. Bush asks CIA agent and National Security Council official Donald Gregg to serve as his national security and foreign policy adviser. Gregg agrees, and retires from the CIA. Gregg will work closely with Bush and former CIA agent Felix Rodriguez to help put together a covert operation to supply the Nicaraguan Contras with arms, cash, and supplies. [Spartacus Schoolnet, 12/28/2007]
Reagan administration officials decide to revive the Nixon-era scheme to use the Office of Management and Budget (OMB) to purge the federal bureaucracy of “dissidents” and replace them with loyal conservatives (see 1970 and After). As part of the plan, President Reagan issues an executive order requiring all agencies to submit proposed new policies to the OMB for review before they can be put into effect. [Savage, 2007, pp. 304-305]
President Reagan, recuperating from surgery to remove an assassin’s bullet, tells bedside visitor Terence Cardinal Cooke that God spared his life so that he might “reduce the threat of nuclear war.”
Censored Letter to Brezhnev - The day after his conversation with Cooke, Reagan pens a letter to Soviet Premier Leonid Brezhnev calling for “disarmament” and a “world without nuclear weapons.” Brezhnev does not read Reagan’s words; Reagan’s aides, horrified at the letter, rewrite it and strip out all the phrases calling for a reduction in nuclear weapons before sending it to Brezhnev.
Aides Refuse to Draw up Plans for Disarmament - In the following weeks, Reagan will call nuclear weapons “horrible” and “inherently evil,” and order his aides to draw up plans for their elimination. His aides will refuse to deliver those plans; one adviser, Richard Burt (see Early 1981 and After), will exclaim: “He can’t have a world without nuclear weapons! Doesn’t he understand the realities?”
Wants to Stop Nuclear Armageddon - Reagan believes in the literal Biblical story of Armageddon—the End Times—and believes that it will come about through the use of nuclear weapons. Unlike some conservative Christians (and some of his advisers), he does not relish the prospect, and in fact believes it is his task to prevent it from happening.
Plans to Reduce Nuclear Arms Based on Prescience, Ignorance - Author J. Peter Scoblic will note it is difficult to reconcile the view of Reagan as an advocate of nuclear disarmament with the confrontational, sometimes apocalyptic rhetoric and actions by him and his administration (see Early 1981 and After, Early 1981 and After, September 1981 through November 1983, March 1982, and Spring 1982), but Scoblic will write: “Each of these efforts, however, can also be interpreted as a sincere, if misguided, product of Reagan’s hatred of nuclear weapons. Reagan believed that the Soviets would reduce their atomic arsenal only if they were faced with the prospect of an arms race.” Reagan realizes—ahead of many of his advisers—that the USSR was moving towards a calamitous economic crisis, and believes that the Soviets will choose to step back from further rounds of escalation in order to save their economy from complete collapse. He also believes, with some apparent conflict in logic, that the only way to reduce US nuclear arms is to increase the nation’s military arsenal. “Reagan emphasized time and again, that the aim of his arms build-up was to attain deep cuts in nuclear weapons,” biographer Paul Lettow will write. “[M]ost people did not listen to what he was actually saying.” Scoblic cites what he calls Reagan’s profound ignorance of nuclear strategy and tactical capabilities as another driving force behind Reagan’s vision of nuclear disarmament. He is not aware that submarines and long-range bombers carry nuclear missiles; he believes that submarine-based nuclear missiles can be called back once in flight. Both ideas are wrong. He tells foreign policy adviser Brent Scowcroft that he did not realize the primary threat from the Soviet Union was that its gigantic arsenal of ICBMs might obliterate the US’s own ICBM stockpile. When journalists ask him how the MX missile program (see 1981) that he has asserted will rectify the threat to American ICBMs, as he has asserted, he confesses that he does not know. And he honestly does not seem to understand that his administration’s confrontational, sometimes overtly belligerent actions (see May 1982 and After, June 8, 1982, March 23, 1983, and November 2-11, 1983) cause apprehension and even panic among the Soviet military and political leadership. Scoblic will write that like other hardline conservatives, “Reagan could not believe that anyone could perceive the United States as anything but righteous.”
'Subject to Manipulation' - Reagan’s desire for a reduction in nuclear arms is not matched by any depth of understanding of the nuclear weapons issues. Therefore, Scoblic will observe, “[h]e was susceptible to manipulation by advisers who shared his militant anti-communism but not his distaste for nuclear deterrence and who wanted neither arms reduction nor arms control.” When he names George Shultz as his secretary of state in mid-1982, he gains a key ally in his plans for nuclear reduction and a counterweight to arms-race advocates such as Defense Secretary Caspar Weinberger and other hardliners who have worked (and continue to work) to sabotage the administration’s arms negotiations with the Soviet Union. He gains another ally when he replaces National Security Adviser William Clark with the more pragmatic Robert McFarlane. Both Shultz and McFarlane will support Reagan’s desire to begin sincere negotiations with the USSR on reducing nuclear arms, as does his wife, Nancy Reagan, who wants her husband to be remembered by history as reducing, not increasing, the risk of nuclear war. [Scoblic, 2008, pp. 136-138]
Entity Tags: Robert C. McFarlane, Leonid Brezhnev, J. Peter Scoblic, George Shultz, Caspar Weinberger, Brent Scowcroft, Nancy Reagan, Richard Burt, Terence Cardinal Cooke, Ronald Reagan, William Clark, Paul Lettow
Timeline Tags: US International Relations
President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 ]
Rep. Fernand J. St. Germain (D-RI), with 28 co-sponsors, introduces HR 6267, the “Net Worth Guarantee Act” officially entitled “A bill to revitalize the housing industry by strengthening the financial stability of home mortgage lending institutions and ensuring the availability of home mortgage loans.” [Library of Congress, 5/19/2008] As introduced, the bill would create a fund for loans to those troubled banks and savings and loans institutions that would have to be put into receivership if their condition deteriorates to a small degree from the bill’s qualifying requirements. The provisions are as follows:
Amendments to the Federal Deposit Insurance Act (which regulates the Federal Deposit Insurance Corporation, FDIC), the National Housing Act (which regulates the Federal Home Loan Bank Board, FHLBB), and the Federal Credit Union Act (the National Credit Union Administration Board, NCUAB) so that the regulated bodies can guarantee the net worth of qualified insured institutions.
Requirements that a qualifying depository institution be one that is threatened with insolvency, as measured by very low net worth and a recent trend of losses; that the institution be one that mainly serves the residential mortgage industry, as measured by the share of its loans or other assets that are held in or collateralized by residential mortgages or real estate; and that it continue in this service under the net worth guarantee, as measured by the share of its new deposits that it devotes to certain types of mortgages.
Rules for determining the initial amount of the guarantee, and for either extending or phasing out the assistance to a given institution. Extensions after two years are to be contingent upon a showing that “certified continued earnings losses are caused by general market conditions and not by the actions of the institution.”
Creation of a Net Worth Guarantee Account in the US Treasury in the amount of $8.5 billion to cover the payment of any guarantees.
A sunset date for new extensions of guarantees.
An oversight process in which the three bank regulating bodies report quarterly to Congress on their activities in granting guarantees, and the comptroller of the currency provides semiannual audits. [Library of Congress, 5/14/2008; Library of Congress, 5/14/2008]
Fate in the House - The Net Worth Guarantee Act passes the House of Representatives on May 20, 1982, with amendments that extend the coverage to qualifying State-chartered commercial banks, and qualifying national banks whether or not they are members of the FDIC; that add investment in residential housing co-operative stock and mortgages on multifamily rental projects to the qualifying activities for sustaining the guarantee; that alter the exit path from the program; that add compliance with community credit provision requirements under the Community Reinvestment Act of 1977; that make the Treasury senior to holders of existing subordinated debt of any guaranteed bank that later winds up in receivership; and that clearly give the sunset date as September 30, 1984. [Library of Congress, 5/14/2008; Library of Congress, 5/14/2008; Library of Congress, 5/14/2008]
Eventual Fate - With substantial amendments that address other banking regulatory issues besides the net worth of depository institutions, the bill finally passes the Senate under several short titles, of which the primary is “Depository Institutions Amendments of 1982,” superseding S.2879 sponsored by Sen. E.J. “Jake” Garn. The bill is enacted with the signature of President Ronald Reagan on October 15, 1982 as the Garn-St. Germain Depository Institutions Act of 1982. [Library of Congress, 5/14/2008]
The House Banking Committee approves H.R. 6267, the Net Worth Guarantee Act, by a vote of 25 to 15, with three abstaining. The approval is the first action of Congress to provide direct and specific financial assistance to troubled thrifts, although by a reported estimate in the New York Times, most of the nation’s 4,500 thrift depositories are “losing money” by this time. [New York Times, 5/12/1982, pp. D1, D13] Voting on the bill, which was introduced into the House by Representative and committee chairman Fernand J. St. Germain (D-RI) on May 4 (see May 4-October 15, 1982), is largely partisan: Republican members generally favor an alternative proposal by Rep. Chalmers P. Wylie (R-OH) that differs in qualifying firms at a higher current net worth, and in allowing regulators discretion over this qualification, although debate on the Wylie amendments is short-circuited by a motion to table the amendment made by Rep. Frank Annunzio (D-IL). [New York Times, 5/12/1982, pp. D1, D13] The Wylie provisions form the basis for the bill S.2531 which is introduced into the Senate on May 14, 1982 (see May 14, 1982). [New York Times, 5/12/1982, pp. D1, D13; Library of Congress, 5/19/2008]
The Capital Assistance Act of 1982 is introduced by Sen. E.J. (Jake) Garn (R-UT) and three co-sponsors under the title, “A bill to provide flexibility to the Federal Savings and Loan Insurance Corporation and the Federal Deposit Insurance Corporation to deal with financially distressed institutions.” [Library of Congress, 5/20/2008; Library of Congress, 5/20/2008] The bill provides the following:
Amendments to the National Housing Act and the Federal Deposit Insurance Act so that the Federal Savings and Loan Insurance Corporation (FSLIC) and the Federal Deposit Insurance Corporation (FDIC) may buy capital certificates from institutions that they regulate, for the purpose of either increasing or maintaining the capital of those institutions.
Criteria that qualifying institutions must meet to receive this assistance. The criteria differ from those required by the Net Worth Guarantee Act importantly in requiring a prior net worth of three percent of assets, instead of two percent in the House version.
Parameters of the initial capital certificates, and provision for the subsequent modification of those parameters at the discretion of the FSLIC and FDIC.
Restriction of aid to cases in which this course of action is less costly than liquidation of the institution would be. [Library of Congress, 5/20/2008] The most important difference between the Capital Assistance Act (CAA) and the Net Worth Guarantee Act (NWGA) is that the CAA is meant to avoid the need for a Congressional appropriation of funds. Instead of establishing a Treasury account to be drawn on to fund the assistance, as does the NWGA, the CAA would permit the assisting agencies, FSLIC or FDIC, to give the thrifts promissory notes in exchange for the thrifts capital certificates. [New York Times, 5/15/1982] The Capital Assistance Act of 1982 is evidently the bill that Rep. Wylie promised several days previously would be introduced into the Senate, on the occasion of the approval by the House Banking Committee of the Net Worth Guarantee Act without the amendments that Wylie had offered for that bill. The new bill in the Senate has several features of Wylie’s amendments. [New York Times, 5/12/1982] According to Sen. Garn, Treasury Secretary Donald T. Regan also contributed to the new bill.
Eventual Fate - On August 19, while under consideration in the Senate Banking Committe, the key provisions of S.2531 will be incorporated into S.2879 and passed to the floor of the Senate the next day. Bill S.2879 will be passed by the Senate on September 24, and ultimately incorporated into H.R.6267, the Garn-St Germain Depository Institutions Act of 1982. [Library of Congress, 5/20/2008; Library of Congress, 5/20/2008]
In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]
The first of three so-called “Boland amendments” becomes law. Named for Representative Edward Boland (D-MA), the chairman of the House Intelligence Committee, the amendment is part of a larger appropriations bill. The amendment restricts US humanitarian aid to the Contras, and prohibits the use of US funds “for the purpose of overthrowing the government of Nicaragua.” The Reagan administration gets around the amendment by saying that its actions in support of the Contras are merely designed to force the Sandinistas to come to a peace agreement with the Contras, not to bring down the Nicaraguan government. [House Intelligence Committee, 2005; Savage, 2007, pp. 53]
A Texas sheriff and three of his deputies are charged with violating the civil rights of several prisoners in their custody. According to the complaint, the four conspired to “subject prisoners to a suffocating water torture ordeal in order to coerce confessions. This generally included the placement of a towel over the nose and mouth of the prisoner and the pouring of water in the towel until the prisoner began to move, jerk, or otherwise indicate that he was suffocating and/or drowning.” The procedure will later become known as “waterboarding.” All four are convicted, and the sheriff is sentenced to 10 years in prison. [Washington Post, 11/4/2007]
Guatemala seeks to reduce infant mortality by regulating the marketing of infant formula by multinationals in conformity with WHO guidelines and according to international codes. Infant mortality rates drop significantly. However, one company, the Gerber Corp., refuses to comply. Guatemala spends five years trying to get it to comply, but in 1993, the company threatens a WTO complaint and US sanctions. Guatemala backs down in 1995 and Gerber Corp. is exempted from the regulation. [Global Exchange, 11/15/1999; Rachel's Environment and Health Weekly, 11/18/1999]
President Reagan’s blue-ribbon panel to examine the failure of the US-Soviet START arms negotiations (see May 1982 and After and Late 1982) finds that the Reagan administration’s recalcitrance, obduracy, and downright insulting behavior towards the Soviet negotiators is the primary reason why the negotiations have made no progress. The panel, headed by foreign policy “pragmatists” such as President Nixon’s Secretary of State and National Security Adviser Henry Kissinger, President Ford’s Secretary of Defense James Schlesinger, President Carter’s Secretary of Defense Harold Brown, and Nixon security and defense aide Brent Scowcroft, calls for a revamped approach to the arms control negotiations. [Scoblic, 2008, pp. 124-125] The panel’s recommendations will be ignored (see April 1983-December 1983).
Vice President George Bush hosts a secret meeting with his foreign policy adviser, Donald Gregg (see 1982), and former CIA agent Felix Rodriguez. The meeting is the first impetus of the National Security Council (NSC)‘s initiative to secretly, and illegally, fund the Nicaraguan Contras in an attempt to overthrow that country’s socialist government. Rodriguez agrees to run a central supply depot at Ilopango Air Base in El Salvador. In a memo to NSC chief Robert McFarlane, Gregg will note that the plan is rooted in the experience of running “anti-Vietcong operations in Vietnam from 1970-1972.” Gregg will also note that “Felix Rodriguez, who wrote the attached plan, both worked for me in Vietnam and carried out the actual operations outlined above.” [Spartacus Schoolnet, 12/28/2007] Rodriguez and Gregg, along with others such as Watergate burglar Frank Sturgis (see April-June 1972), were part of the CIA’s “Operation 40,” an assassination squad that operated in Cuba and the Caribbean during the late 1950s and early 1960s. Rodriguez tried at least once, in 1961, to assassinate Cuban dictator Fidel Castro. In 1967, Rodriguez interrogated and executed South American revolutionary Che Guevara. He was part of the infamous and shadowy Operation Phoenix during the Vietnam War. [Spartacus Schoolnet, 1/17/2008]
Entity Tags: Felix Rodriguez, Donald Gregg, Contras, Robert C. McFarlane, Fidel Castro, Frank Sturgis, George Herbert Walker Bush, ChÃ© Guevara, ’Operation 40’, National Security Council, ’Operation Phoenix’
Timeline Tags: Iran-Contra Affair
William Rogers. [Source: Stephen Ferry / Viewimages]William Rogers, former secretary of state under Richard Nixon, observes, “The public should view excessive secrecy among government officials as parents view sudden quiet where youngsters are playing. It is a sign of trouble.” [Dean, 2004, pp. xi]
Paula Hawkins. [Source: Public domain]In 1984, Senator Paula Hawkins (R-FL) meets with Pakistani President Muhammad Zia ul-Haq in Pakistan. During the meeting, she mentions that she is concerned about a Pakistani bank that is laundering money out of the Cayman Islands. Her staff later clarifies to Zia that she was referring to BCCI (which technically is not a Pakistani bank, but almost all of its top officials are Pakistani). As a result, Abdur Sakhia, the top BCCI official in the US, meets with Hawkins in the US a short time later and assures her that BCCI is not laundering money out of the Cayman Islands. Then officials from the Justice Department, State Department, and the Drug Enforcement Administration (DEA) meet with Hawkins’s staffers and assure them that BCCI is not the subject of any investigation. Weeks later, the State Department formally notifies the Pakistani government that BCCI is not under investigation. As a result, Hawkins drops her brief interest in BCCI. However, by this time the State Department, Justice Department, and DEA have all been briefed by the CIA about BCCI’s many criminal activities. Apparently, this information is deliberately kept from the senator. [Beaty and Gwynne, 1993, pp. 324-325]
The CIA sends a report on the Bank of Credit and Commerce International (BCCI) and its drug-related activities to other US government departments. It follows up with a report about BCCI’s links to notorious terrorists such as Abu Nidal, the most wanted man in the world at the time. Similar reports follow in 1986. However, the Justice Department, Treasury Department, and other departments keep silent about what they know and no action is taken against the bank. [US Congress, Senate, Committee on Foreign Relations, 12/1992; Cooley, 2002, pp. 93]
Longtime US Army intelligence officer Tom Golden is assigned by the CIA to oversee government contracts within the highly classified Continuity of Government program, which is designed to keep the government functioning in times of disaster. Golden, who has served 20 years in the Army and has a history of tracking down misspending and malfeasance in classified programs, will now serve as chief of the operations security branch at the Information Systems Command in Fort Huachuca, Arizona. Future staff director of the House Armed Services Committee Rudy DeLeon will later say Golden has a “very clearly established track record for honesty” as a whistleblower. Golden will report several instances of waste, fraud, and abuse in July 1987 (see July 1987) and will soon after become the target of a retaliatory smear campaign (see After July 1987). [Philadelphia Inquirer, 12/16/1990; Knight Ridder, 12/18/1990]
Duane Clarridge, a CIA officer who has cultivated contacts with Nicaraguan rebels, introduces National Security Council staffer Lieutenant Colonel Oliver North to the leaders of the Nicaraguan “Contras,” currently operating out of Honduras. The Contras are dedicated to the overthrow of the Socialist, democratically elected Sandinista government. Because the US government views the Sandinistas as aligned with the Communist government of Cuba, it too opposes the Sandinistas, and views the Contras as a band of “freedom fighters” worthy of support. Clarridge tells the Contra leaders that if Congress cuts off aid to the Contras in light of recent revelations that the CIA mined Nicaraguan harbors, North will continue working with them on a covert basis. [New York Times, 11/19/1987]
The Reverend Benjamin Weir, a US citizen, is kidnapped by Hezbollah in Beirut. He will be held hostage for over a year [New York Times, 11/19/1987] until his release in September 1985, concurrent with covert Israeli arms sales to Iran (see September 15, 1985).
Reagan meets with Contra leaders in the Oval Office. NSC staffer and Contra “handler” Oliver North is at the far right; when this photo is released to the public, North will be cropped out. [Source: National Security Archives]President Reagan tells the nation in a televised address that the US must help the Nicaraguan Contras. “The Sandinista rule is a Communist reign of terror,” Reagan says. “Many of those who fought alongside the Sandinistas saw their revolution betrayed. They were denied power in the new government. Some were imprisoned, others exiled. Thousands who fought with the Sandinistas have taken up arms against them and are now called the Contras. They are freedom fighters.” [PBS, 2000]
Saudi Arabia begins making secret monthly payments of $1 million to the Contras. The money is deposited into a secret Cayman Islands account owned by Contra leader Adolfo Calero. [PBS, 2000]
Congress passes the second Boland Amendment, which outlaws the use of “third-party nations” to support the Contras. The bill also bars the use of funds by the CIA, the Defense Department, or any intelligence agency for “supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization or individual.” [PBS, 2000] The amendment is largely in response to the efforts of the Reagan administration to get around the restrictions of the first amendment (see December 1982), and the CIA’s mining of three Nicaraguan harbors. This amendment is far more restrictive than the first, saying flatly, “During fiscal year 1985, no funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual.” [New York Times, 7/10/1987; House Intelligence Committee, 2005; Savage, 2007, pp. 53] “There are no exceptions to the prohibition,” says Edward Boland (D-MA), the chairman of the House Intelligence Committee and the primary sponsor of the amemdment. Contra supporters in Congress denounce the bill, with Dick Cheney (R-WY) calling it a “killer amendment” that will force the Contras “to lay down their arms.” After President Reagan signs it into law, Cheney launches a lengthy, determined effort to persuade his colleagues to rescind the amendment. Inside the White House, particularly in the National Security Council, a number of Reagan officials, including National Security Adviser John Poindexter and his aide Colonel Oliver North, begin conspiring to circumvent the amendment with a complex scheme involving selling arms to Iran at inflated prices in exchange for American hostages held by Lebanese militants, and using the profits to fund the Contras. [Savage, 2007, pp. 53]
Entity Tags: US Congress, US Department of Defense, Richard (“Dick”) Cheney, National Security Council, John Poindexter, Edward Boland, Contras, Central Intelligence Agency, Ronald Reagan, Reagan administration, Oliver North
Timeline Tags: Iran-Contra Affair
Peter Kilburn. [Source: US Department of State]Peter Kilburn, a professor at the American University of Beirut, is kidnapped by Hezbollah militants. In April 1986, Kilburn will be murdered by his captors, apparently in retaliation for US military strikes against Libya. [New York Times, 11/19/1987]
Donald Gregg, Vice President Bush’s national security and foreign policy adviser and one of the architects of the secret plan to fund the Nicaraguan Contras (see March 17, 1983), introduces his partner Felix Rodriguez to Lieutenant Colonel Oliver North of the National Security Council (NSC). North will head the NSC’s Contra resupply and funding operations. [Spartacus Schoolnet, 12/28/2007]
President Reagan unilaterally withdraws the US from the 1956 Friendship, Commerce, and Navigation Treaty with Nicaragua. He also ends the US’s acceptance of compulsory jurisdiction for disputes heard by the UN International Court of Justice, which had cited the treaty in a ruling against the US over its mining of Nicaraguan harbors. The actions are well beyond any presidential powers granted by the Constitution, but neither Congress nor the media raise any serious objections. [Savage, 2007, pp. 354]
The Federal Communications Commission (FCC) decides that the Fairness Doctrine, in place since 1949 (see 1949 and 1959), is no longer needed to control political discussions on American broadcasts. The Fairness Doctrine requires that broadcasters provide “reasonable opportunities” for the presentation of differing views on controversial public issues. [Jamieson and Cappella, 2008, pp. 45] The FCC’s leadership is now populated largely with Reagan administration political appointees, conservatives who have a strong interest in deregulating the broadcast industry. First among these appointees is FCC chairman Mark Fowler, formerly a broadcast lawyer who has little patience for the idea that broadcasters have a unique role or bear special responsibilities to ensure broad discourse. “The perception of broadcasters as community trustees should be replaced by a view of broadcasters as marketplace participants,” Fowler says. In 1983, he said that television is “just another appliance—it’s a toaster with pictures.” He endorses near-complete deregulation, having said in 1983, “We’ve got to look beyond the conventional wisdom that we must somehow regulate this box.” The only regulations Fowler supports are those that help corporations manage frequency licensing. Fowler came into the FCC vowing to repeal the Fairness Doctrine, and spends his time as chairman working towards that goal, arguing that the doctrine violates broadcasters’ First Amendment rights. Though the doctrine remains law, the FCC stops enforcing it. [Fairness and Accuracy in Reporting, 2/12/2005]
In January 1985, the CIA delivers a secret report about the criminal BCCI back to the Treasury Department. In an extraordinary departure from standard procedure, the report is hand-delivered by a CIA agent and printed on plain paper with no markings to indicate it came from the CIA. The report is given to Douglas Mulholland, a Treasury official serving as the CIA’s main link to that department. Mulholland then hand-delivers the report to Treasury Secretary Donald Regan, and calls its contents “dynamite.” It is not known what is in the report, but the Treasury Department sends back word that it wants to know more. However, as Time magazine reporters Jonathan Beaty and S. C. Gwynne will later relate: “Suddenly, and for no apparent reason, Treasury lost all interest in BCCI.… Someone had… gotten to Regan and Mulholland, and the message had been unambiguous: back off.” The Treasury Department takes no action against BCCI, even though the evidence of the bank’s involvement in money laundering by this time is overwhelming. [Beaty and Gwynne, 1993, pp. 325-328]
The Reagan administration takes another step in attempting to “purge” the federal bureaucracy of those who disagree with its policies (see February 1981 and After). President Reagan issues an executive order requiring agencies to annually submit a cost-benefit analysis of their proposed new rules to the White House, giving administration officials the chance to object to, delay, and block regulations it opposes for ideological reasons. Reagan attorney Douglas Kmiec will later write that this scheme is a major part of the Reagan administration’s attempt to implement the “unitary executive” theory of executive power (see April 30, 1986). Kmiec will write that though White House objections have no legal weight because Congress has given the agencies the power to make rules by law, the White House often wins the argument anyway. [Savage, 2007, pp. 304-305]
Inslaw representatives Elliot Richardson and Donald Santarelli, a former administrator of the Law Enforcement Assistance Administration, meet with acting Deputy Attorney General Lowell Jensen to discuss a resolution of the Inslaw affair concerning the Justice Department’s alleged misappropriation of enhanced PROMIS software. Richardson and Santarelli ask for rapid talks to resolve disputes that have caused the department to withhold money from Inslaw and the company to go bankrupt, that the department consider a new proposal for work by Inslaw, and that Jensen appoint somebody to investigate Inslaw’s claims that some department officials, in particular C. Madison Brewer (see 1976 and April 1982), are biased against it. The business proposal is that Inslaw implement PROMIS in smaller US attorneys’ offices. This was originally covered by a contract between Inslaw and the department (see March 1982), but this part of the contract was terminated in 1984 (see December 29, 1983 and February 1984). [US Congress, 9/10/1992] The department rejects the proposal for additional work, but it is unclear whether the allegations against Brewer and others are investigated (see After March 13, 1985).
The Justice Department starts an internal review of the Inslaw affair, but the content of the review will be disputed. The review follows a meeting at which Inslaw representatives made three requests (see March 13, 1985): that the department negotiate on a resolution of the disputes between it and Inslaw; that it consider a new proposal made by Inslaw for additional work; and that it investigate allegations of misconduct against departmental personnel. The review is ordered by Deputy Attorney General Lowell Jensen and performed by Deputy Associate Attorney General Jay Stephens.
Jensen's Version - According to Jensen, the review is to look at the bias allegations. He will say he recalls discussing the results of Stephens’ review, adding that, based on Stephens’ assessment of the allegations, no review by the Office of Professional Responsibility is merited.
Stephens' Version - However, Stephens will tell the House Judiciary Committee under oath that he does not undertake a review of the misconduct allegations, but only looks at Inslaw’s business proposal. The committee will point out that this is in “direct contradiction” of Jensen’s version. While examining the proposal, Stephens receives several telephone calls from Inslaw attorneys Charles Work and Elliot Richardson. He feels they are lobbying the department very hard because they believe Inslaw has what the committee will call “some special relationship” with the department. According to a report by the committee, Work and Richardson attempt to convey that, “based on a longstanding relationship between the department and Inslaw, the department should look favorably on Inslaw’s new business proposal.”
Outcome of Review - However, Stephens reports to Jensen that the need for Inslaw’s business proposal is questionable and the department thinks the work can be done in-house. Jensen then writes to Richardson, saying that the department does not have an immediate need for the work, and will not act on the proposal.
Comment by House Committee - The committee will comment, “Because the department did not adequately investigate Inslaw’s allegations, the company was forced into expensive, time-consuming litigation as the only means by which the department’s misappropriation of Inslaw’s enhanced PROMIS could be exposed.” [US Congress, 9/10/1992]
Secretary of State George Shultz offers prominent neoconservative and State Department official Elliott Abrams (see Early 1970s) the position of assistant secretary of state for inter-American affairs (ARA), overseeing the department’s South and Central American issues and initiatives, as well as those for the Caribbean. Abrams accepts and, according to State Department notes of the meeting, promises to “manage the emergence of EA [Abrams] as King of LA [Latin America].” Abrams begins his duties in July 1985, and quickly becomes one of the State Department’s most vocal supporters of Nicaragua’s Contra movement, often appearing before Congress as an emissary of the Reagan administration to ask for funds for the insurgent group. [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]
Lewis Tambs becomes the US Ambassador to Costa Rica. Tambs is under orders to open what is called a “southern front” for the Nicaraguan Contras; a small force of Contras is striking into southern Nicaragua from northern Costa Rica, and the Costa Rican government wants them out of their territory. Tambs believes that the orders for the “southern front” come from National Security Council (NSC) officer Oliver North, Assistant Secretary of State Elliott Abrams, and their Restricted Interagency Group (RIG—see Late 1985 and After). Tambs, with the assistance of North’s liaison in Central America, Felix Rodriguez (see Mid-September 1985), secures permission from the Costa Rican government to build an airstrip for use by the Contras in northern Costa Rica, as long as it is not close enough to the border to allow the Contras to use it as a staging area for ground raids. One of Abrams’s first questions to North after being tasked to “monitor” the NSC officer (see September 4, 1985) is why the Costa Ricans are allowing the airstrip. The airstrip will be built at Santa Elena, Costa Rica, by the Udall Corporation, one of the private firms controlled by North’s partner, retired General Richard Secord (see November 19, 1985 and February 2, 1987), and will be called “Point West.” Abrams will later testify, falsely, that no US officials were involved in securing permission to build the airstrip. Notes taken by the US Ambassador to El Salvador, Edwin Corr, about discussions concerning the airstrip, will prove that Abrams lies under oath about the airstrip. [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]
Secretary of State George Shultz writes to National Security Adviser Robert McFarlane that “Israel’s record of dealings with Iran since the fall of the Shah and during the hostage crisis [shows] that Israel’s agenda is not the same as ours.” Referring to the plan concocted by NSC staffer Oliver North and North’s consultant, neoconservative and likely Israeli spy Michael Ledeen (see 1983), to seek Israeli help in freeing the American hostages in Lebanon (see Late 1984 and April 9, 1985), Shultz writes, “Consequently doubt whether an intelligence relationship such as what Ledeen has in mind would be one which we could fully rely upon and it could seriously skew our own perception and analysis of the Iranian scene.” [CounterPunch, 2/28/2004]
Fawn Hall, the secretary to National Security Council officer Oliver North, asks North if she can borrow money from him. North gives her $60 in traveler’s checks drawn on a Central American bank, and says, as Hall will later testify to Congress (see December 19, 1986): “Make sure you return—pay back the money. It is not mine.” The money is part of the illegal funds raised by North and others for the Nicaraguan Contras. [United States Court of Appeals for the District of Columbia Circuit, 12/13/2007]
While Ronald Reagan publicly compares Iran’s government to “Murder, Incorporated” (see July 8, 1985), he privately authorizes his National Security Adviser, Robert McFarlane, to make contact with Iran. [New York Times, 11/19/1987]
Recovering from cancer surgery, President Reagan authorizes National Security Adviser Robert McFarlane’s plan to open a dialogue with Iran through the auspices of Iranian gunrunner Manucher Ghorbanifar. McFarlane believes the US can win influence with Iranian moderates by helping Iran in its war with Iraq. Reagan believes the thaw in relations may help win the release of US hostages being held in Lebanon by Iranian-backed terrorists. [PBS, 2000]
Israeli representatives meet with Iranian arms merchant Manucher Ghorbanifar for the first time, to discuss brokering the secret US-Iranian arms deals authorized by President Reagan (see July 18, 1985). Israel will sell arms to Iran, and the US will replenish Israeli stockpiles. [PBS, 2000]
Despite the passage of two amendments dealing with Pakistan’s nuclear program in August 1985 (see August 1985 and August 1985), the Reagan and Bush administrations will fail to keep Congress properly informed of incidents related to Pakistan’s acquisition of components for its nuclear program, even though such notification is required by law. Senator John Glenn (D-OH), chairman of the Governmental Affairs Committee, and Congressman Stephen Solarz (D-NY), Chairman of the House Asian and Pacific Affairs Subcommittee, will later say that they are not formally briefed about any significant Pakistani procurement, with the exception of one case (see July 1987 or Shortly After), during this period. For example, Glenn will later say he should have been briefed about a nuclear scare involving Pakistan and India in 1990 (see January-May 1990) [New Yorker, 3/29/1993]
Former National Security Adviser Robert McFarlane, an emissary of the Reagan administration, takes 23 tons of weapons to Iran. [PBS, 2000]
Newly ensconsced Assistant Secretary of State Elliott Abrams (see April 19, 1985 and After) meets with Secretary of State George Shultz, Shultz’s executive assistant Charles Hill, and Shultz’s executive secretary Nicholas Platt. In this meeting, Abrams learns that National Security Council official Oliver North is conducting covert actions to support the Nicaraguan Contras (see December 6, 1985 and April 4, 1986). According to Abrams’s notes from the meeting, Shultz tasks him to “monitor Ollie.” Abrams will later testify to the Iran-Contra investigative committee (see May 5, 1987) about this meeting, saying that he asks, “All these accusations about Colonel North, you want me to try to find out whether they are true and what he is up to, or do you want me to sort of leave?” Shultz replies, “No, you have got to know.” During the meeting, Abrams notes that Shultz does not want White House officials to know too much about North’s activities in funding the Contras. Abrams notes that Shultz says to him: “We don’t want to be in the dark. You [are] suppose[d] to be mgr [manager] of overall CA [Central America] picture. Contras are integral part of it. So y[ou] need to know how they [are] getting arms. So don’t just say go see the WH [White House]. It’s very risky for WH.” Platt, too, takes notes of the meeting. According to his notes, Shultz says: “What is happening on other support for Contras for lethal aid etc.—E. Abrams doesn’t have the answer. Stayed away let Ollie North do it. Fundraising continuing—weapons stocks are high. We have had nothing to do with private aid. Should we continue? Hate to be in position, [Shultz] says, of not knowing what’s going on. You are supposed to be managing overall Central American picture. Ollie can go on doing his thing, but you, [Abrams], should know what’s happening.” The notes from Abrams and Platt, and Abrams’s own testimony all confirm that Abrams is aware of North’s activities by September 1985, though he will subsequently lie to Congress about possessing such knowledge (see November 25-28, 1986). Abrams will later testifz that he has a very good idea about North’s activities from working with North in an interagency group (see Late 1985 and After). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]
The first meeting of the State Department’s Nicaraguan Humanitarian Assistance Office (NHAO) is held. Two aides to Assistant Secretary of State Elliott Abrams (see April 19, 1985 and After and September 4, 1985) attend the meeting. During the meeting, National Security Council (NSC) officer Oliver North offers the services of former CIA agent Felix Rodriguez to assist in distributing the $27 million in humanitarian aid recently approved for the Contras (see August 1985). Rodriguez is helping North channel illegal funds to the Contras (see Mid-September 1985). The agreement is to channel the funds to the Contras through El Salvador’s Ilopango Air Base, Rodriguez’s center of operations. By early 1986, the legal NHAO fund distribution will merge with the illegal North fund distribution (see December 6, 1985 and April 4, 1986). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993] Some of the $27 million is never used for humanitarian purposes, but instead used to buy weapons, both for the Contras and for the mujaheddin in Afghanistan. [Spartacus Schoolnet, 12/28/2007]
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