The Lacey Confession (4 page)

November 24, 1963

The Chief Justice waited patiently on a beige love seat in the Oval Office. Summoned unexpectedly, he arrived at a hectic White House as quickly as he could. Later, in his diary, he remarked on the chaos pervading the West Wing that day. As he was led through the hallways, he noticed an unusual number of Secret Service agents. They were all over the place. They were openly armed. And everywhere he saw signs of moving in.
“No time for compassion,”
he wrote.
“The King is dead. Long live the King.”
There was tomorrow's funeral, but it was Thanksgiving the Thursday coming that was on his mind. Thanksgiving, a day of joyous celebration, the quintessential American holiday, he always felt. A tribute to those who began this noble experiment. A reaffirmation of our own survival, our success, our perseverance in a hostile, new world. Now, that day lay in ruins, victim of a cowardly ambush. For the Chief Justice and millions of Americans, the unimaginable, the unthinkable, the impossible, had all come to be.

Immediately after returning to Washington from Dallas, Lyndon Johnson, the
new
American President, insisted on a full federal investigation. From the beginning he wanted a special commission. His mind was made up days before the
official story
was delivered to and devoured whole by a compliant American media. That account, given to the American people, had Johnson, a Texan himself, worried about the Attorney General in Texas, a man named Waggoner Carr. It was said that he, Carr, was about to start up his own inquiry. The murder had occurred in Texas. Carr was portrayed as an opportunist of the worst kind. The official story went on to say it was Abe Fortas, a Johnson crony and a man later nominated to be a Justice on the Supreme Court, together with Nicholas D. B. Katzenbach, a high-ranking member of the Justice Department, who presented the idea for the Warren Commission to Johnson on November 29. Still another Texas Democrat, Leon Jaworski, who ten years later would be among the most recognized people in the country, supposedly was assigned to take care of Waggoner Carr. Jaworski was to have him call off the dogs of Texas.

None of this was true or ever happened. Instead, it was President Johnson, who was determined before he ever came back to Washington, who pressured Chief Justice Earl Warren to head the commission investigating the death of John F. Kennedy. Warren wanted no part of it. He made that quite clear, in great detail in those entries he made in the final weeks of 1963 in his personal diary. According to Warren, Johnson called him to the White House before Kennedy was even buried. Warren met with the President on the 24th, offered to help, but did not agree to serve. Late on that night, following his meeting with Johnson, he wrote:
“It never occurred to me that anyone would question that Lee Harvey Oswald assassinated the President of the United States—or that there would be any public speculation about some sinister motivation on his part—or that there would be widespread consideration he might be part of some larger plot or conspiracy. I never thought of it, that is, until today when President Johnson expressed such concern over the matter.”

Earlier that Sunday afternoon the Chief Justice sat alone in the Oval Office. He could not help but speculate—the couch on which he sat must have belonged to the dead President lying in state in the rotunda of the Capitol. Too sophisticated, too tasteful for Lyndon Johnson. It was an uncomfortable thought for him. One of many he said he had since
this nightmare began.
He'd seen the picture of Johnson being sworn in. He wrote of what he called
the horrific sadness in Mrs. Kennedy's eyes,
the dress splattered with blood—her husband's blood. That photograph had been on the front page of
The New York Times, The Washington Post
and newspapers all over the world. Johnson hurried Federal Judge Sarah Hughes out to the airport in Dallas. He didn't wish to leave the scene of his ascendancy except as President of the United States. Who could blame him? Warren agreed that was the right decision. The Chief Justice heaved a sigh of relief
. I'm glad it wasn't me in that picture,
he later wrote.
It probably would be all I'd ever be remembered for.
Sarah Hughes could be certain that picture, and none other, would top her obituary.

Now, noted Warren, things had gone from bad to worse. Lee Harvey Oswald, the apparent assailant, the man who killed John F. Kennedy, had himself been murdered, on television, in full view of the whole world.
I saw it myself,
he wrote.
Jesus Christ! How could they let a thing like that happen?

The President appeared in the room as if from nowhere. He came through a wall panel that was also a hidden door. Warren heard his footsteps and looked up. He had no idea that door was there. “Afternoon, Mr. Chief Justice,” said Johnson, extending his hand. Warren rose to shake it. Lyndon Johnson was a very tall man, a bit funny looking, even ugly in person, according to some, yet still fit and thin despite many years living the good life, “high on the hog,” as he might have said when in Texas. Very high indeed. He looked as if he'd just showered, shaved and changed his clothes. Warren knew him well. The two men had met many times. Johnson was still a relatively poor Texas Congressman when they first crossed paths, and Warren only beginning then to dream of being Governor of California. “Now look at us,” he said to himself.

“Good afternoon, Mr. President,” he replied.
My God!
he wondered.
Could it be? Yes. Lyndon Johnson really is the President of the United States!
“I came over as soon as I could.”

“I appreciate that,” said Johnson in his stretched-out Texas drawl. “I do. I'm truly grateful to see you. I prize your good counsel and I have the greatest admiration for you. You know that, I'm sure.” He stood with both hands resting on his hips; his head bent slightly forward, his mouth in a tight frown. Surely he towered over the seated Chief Justice.

“This is a bad time, one neither of us could have imagined. Just look around.” He gestured with his hands extended, the long sweep of his arms emphasizing the expanse of the famed Oval Office. “This has become my office. I am the President. We all think of it, dream of it, some nights go to sleep tasting it. But not this way. Not this way. In '48, when you ran with Tom Dewey, there must have been a time when you not only thought you'd win—hell, Harry looked like roadkill there for a while—but, more than that—there had to be a moment when you saw yourself right here, right where I am now. I know you never thought it'd happen like this. It's hard to find the words. But we must go on. This country must go on. We face serious problems, Mr. Chief Justice.” Johnson walked over to the big, dark mahogany desk. Was it his desk or Jack Kennedy's? Sitting on the edge, he looked down at Earl Warren. “We're needed,” he said with an urgency common to Protestant preachers. “We're called upon to serve.”

“Yes, we are,” Warren answered, still unsure why Johnson asked for this meeting, unclear what it was the President wanted from him, or from the Supreme Court. At first, when a White House aide called asking the Chief Justice to come to the White House on an “urgent matter,” Warren thought there might be some concern about the procedures used to swear in the new President. Or perhaps the shooting of Oswald was presenting technical questions or jurisdictional problems which Johnson didn't understand and wanted cleared up right away. A strange reason indeed to call the Chief Justice of the Supreme Court, but in these times, the strange was normal. However, at that moment, with the President looking straight at him, Earl Warren had no idea what this meeting was about.

Moreover, he thought, until now he had never been alone with the President of the United States. He'd seen Roosevelt in person, twice, each time at a dinner with hundreds of people. He was introduced to Truman, but again that was in a receiving line at an official function and before the 1948 election. When Eisenhower called him in to interview for the appointment as Chief Justice there must have been a half dozen advisors in the room at the time. Once he became Chief Justice of the Supreme Court, a Constitutional post that established him as the leader of a co-equal branch of the Federal Government, he never met alone with Ike or Jack Kennedy. If asked, he supposed he would probably have offered the opinion that such a meeting might be improper, regardless of who occupied either office. And yet, following the murder of President Kennedy, here he was, alone with Lyndon Johnson in the private office of the President. The Chief Justice felt uncomfortable. He recorded his discomfort in his journal.

“Mr. Chief Justice, I'm afraid the American people are worried and confused,” Johnson went on. “They're worried that their government, their country, is in jeopardy, facing great danger. They speculate about an enemy. Who is their enemy? Where are they? What are they gonna do next? Who else is gonna get killed? And who's doing this killing? You know what I mean?”

“Well, yes. I think I do, Mr. President.”

“Good. I'm glad to hear that. You and I need to keep our heads about us. We need to clear away the cobwebs of confusion and put to rest the nation's worry. That's my obligation now. That's our obligation. The trust of the people is the foundation on which this government rests. It's the bedrock of our republic. It's my responsibility—my sworn duty—to keep that trust from being shaken.” Johnson was quiet a moment. He shook his head slightly from side to side, showing his disgust and frustration. “This Oswald problem is getting out of hand,” he said. “How the goddamn hell do they let somebody shoot him? Tell me that!” The Chief Justice knew better than to reply.

Johnson rose from his desk, raised his fist in anger and walked over to the window looking out on the White House lawn. Special lights, put in place that afternoon by the Secret Service, covered much of the wide-open grassy area in bright light. In the late autumn afternoon, the garden just outside the Oval Office was already dark with only a few ground lights to show the walkways among the flowers and plants, the ones Mrs. Kennedy had arranged so beautifully.

“Oswald's dead. Shot and killed in front of our eyes for Christ's sake! The man who killed the President is dead. And now we got speculation running rampant. Who'd he work for?” Johnson once more turned around, paced from one side of the office to the other and back, slapping his thighs as he walked, then sat down—at the President's desk—in the President's chair. He looked like he'd been there forever. “I've got reports people are asking questions about his communist ties. Talking about the Cubans—those damn Cubans,” Johnson mumbled, looking down at the floor as if there might be something important there. Then he looked straight at Warren and spoke again in a loud, strong voice. “The Russians too, even Chinese. You know Oswald was stationed in Japan?”

“No sir, I didn't. I didn't know that. Did Oswald have any contact with the Chinese?”

“He could have, could have. Who knows? Chinese, Japanese. He could have. That's not the point. The point is—people are asking questions. You understand? People are asking questions. Even you. You just asked, didn't you? Newspapers are gonna start writing things, all sorts of things. You know that. With Oswald dead we're never gonna get the truth about why he shot the President. Instead we'll get speculation. We'll get dangerous, unhealthy speculation. Crazy stuff. The kind that plays right into the hands of our real enemies. And we,” he said peering straight into Warren's eyes, “have to prevent this. We have to stop this needless, irresponsible distraction. We have to stem the tide of our national vulnerability. We need time to heal our hurt. We're hurting. This kind of thing isn't supposed to happen. People need to be reassured. We have to do what's right. I must do it. And I need your help.”

“I'll do whatever I can, Mr. President, whatever's appropriate given my position and responsibilities. Legally, you know of course, this is a local problem. Murder, both of them, the murder of President Kennedy and the murder of Oswald, are violations that come under Texas law. There's no federal crime here that I can see. Quite amazing, isn't it? You kill the President of the United States, the highest-ranking federal officer in the land and you're not subject to any federal jurisdiction as a result. You know, I hesitate to say it, actually I . . .”

“Don't be shy, Mr. Chief Justice. Our job is to bring this whole sad business to its rightful conclusion.”