The Wars of Watergate (136 page)

37.
HJC,
Testimony of Witnesses
, 1:69–80, 230–44, 262.

38.
HJC,
Testimony of Witnesses
, 2:135.

39.
HJC,
Testimony of Witnesses
, 2:256–64, 284, 328–29; 3:275–87.

40.
HJC,
Testimony of Witnesses
, 3:82–83, 96–104.

41.
HJC,
Testimony of Witnesses
, 3:360–62; 412–42, 320, 361–62, 508–09. Colson’s later views are contained in Colson to Author, November 16, 1988.

42.
HJC,
Impeachment Inquiry
, 3:1868–71.

43.
HJC,
Impeachment Inquiry
, 3:1723, 1732, 1885–87; HJC,
Transcripts of Eight Recorded Presidential Conversations;
Franklin Polk to Hutchinson, May 31, 1974, Hutchinson MS, FL.

44.
Geoff Shepard to Haig, July 15, 1974, SSF, Box 157, NP; Nixon,
Memoirs
, 2:574; Ken Khachigian to Haig and Ziegler, July 16, 1974, Haig Papers, Box 36, NP; Max L. Friedersdorf to Hutchinson, June 19, 1974, Hutchinson MS, FL. The Special Prosecutor’s transcription of the March 22 tape is identical to the House’s version.

45.
NYT
, July 13, 1974.

46.
HJC,
Impeachment Inquiry
, 3:1889–1908; Railsback Interview, June 11, 1975; Flowers Interview, June [17], 1975.

47.
HJC,
Impeachment Inquiry
, 3:1926–36.

48.
Butler Interview, June 19, 1975; HJC,
Impeachment Inquiry
, 3:2035–93;
Minority Memorandum on Facts and Law
, Committee on the Judiciary, House of Representatives, 93 Cong., 2 Sess. (July 22, 1974). The committee allowed Jenner to make a response to Garrison’s presentation.

49.
HJC,
Impeachment Inquiry
, 3:2105–28. Flowers Interview, June [17], 1975; Fish Interview, June 25, 1975.

50.
Cohen Interview, June 20, 17, 1975; Railsback Interview, June 11, 1975; Fish Interview, June 27, 1975; Rhodes and Arends to House Republicans, July 24, 1974, Hutchinson MS, FL.

51.
Michael Barone, Grant Ujifusa, Douglas Matthews,
The Almanac of American Politics, 1974
(Boston, 1973); Edwards Interview, July 15, 1986; George V. Higgins, “The Judge Who Tried Harder,”
Atlantic
, April 1974, 88.

52.
Unless otherwise noted, the remarks of the coalition are taken from the tape transcripts of their 1975 interviews with Father Don Shea and Tom Mooney, which they made available to the Author.

53.
Polk Interview, December 18, 1986; Mooney Interview, July 14, 1986; McClory Interview, May 8, 1987.

54.
Nixon,
Memoirs
, 2:636;
PPPUS:RN, 1974
, 596; John Ehrlichman,
Witness to Power
(New York, 1982), 395–96, 399–407.

55.
Nixon
Memoirs
, 2:580, 633, 636, 638–39.

1.
Stanley I. Kutler,
Judicial Power and Reconstruction Politics
(Chicago, 1968), Ch.2; Learned Hand,
The Bill of Rights
(Cambridge, 1958), 29.

2.
Youngstown Sheet and Tube Co. v. Sawyer
, 343 U.S. 579, 655 (1952); William H. Rehnquist,
The Supreme Court
(New York, 1987, 94, 95, 89–90; Rehnquist to the Conference, William Brennan MS, Box 329, LC.

3.
WSJ
, July 8, 1974;
PPPUS: RN, 1969
, “Remarks Announcing the Nomination of Judge Warren Earl Burger to be Chief Justice of the United States” (May 21, 1969), 388.

4.
The oral arguments, as well as the complete briefs for both sides and the American Civil Liberties Union, are reprinted in Leon Friedman (ed.),
United States v. Nixon
(New York, 1974), 523–96. The transcript is taken from audio tapes. My account also benefited from St. Clair Interview, April 10, 1987, and from examination of materials in the Leon Jaworski Oral History Memoir, Texas Collection, Baylor University.

5.
Yoshida International, Inc. v. United States
, 378 F. Supp. 1155 (1974).

6.
Bob Woodward and Scott Armstrong,
The Brethren: Inside the Supreme Court
(New York, 1979), 285–347, revealed some of the inner workings of the Court during the case, largely through interviews with former clerks. Much of the complex maneuvering during the drafting of the opinion can be confirmed in the memoranda and draft opinions in the William J. Brennan and William O. Douglas Papers, LC. The following account is based on the book and the materials. Howard Ball, “
United States v. Nixon
Re-Examined,” a paper delivered at the 1987 Nixon Conference at Hofstra University, offers a useful analysis of the Court’s development of the opinion.

7.
Dent Interview, September 24, 1986; Chapin to Nixon, May 14, 1969; Ehrlichman to Nixon, December 16, 1970, January 18, 1971, FG-51, Box 1, NP;
WP
, June 13, 1974.

8.
Douglas to Burger, July 12, 1974, William Brennan Papers, LC; Woodward and Armstrong,
The Brethren
, 339–43; Leon Jaworski Oral History, Texas Collection, Baylor University, 2:641; Presidential Logs, NP.

9.
Richard Nixon,
RN: The Memoirs of Richard Nixon
(paperback ed., New York, 1979), 2:629–40; St. Clair to Jaworski, July 10, 1974, Jaworski MS, Texas Collection, Baylor University; Lichenstein Interview, July 16, 1986.

10.
United States v. Nixon
, 418 U.S. 683 (1974).

11.
Raoul Berger,
Executive Privilege: A Constitutional Myth
(Cambridge, 1974);
U.S. v. Nixon
, 418 U.S. 683, 712 (1974); “Executive Privilege,”
Presidential Studies Quarterly
(Spring 1986), 16:237–246. Ball, “
United States v. Nixon
Re-Examined,”
op. cit.
, and Mark J. Rozell, “President Nixon’s Conception of Executive Privilege,” both unpublished papers from the 1987 Nixon Conference at Hofstra University, offer valuable commentaries on the decision. Does the Court follow election returns? The next day, the Justices rejected a comprehensive busing plan for Detroit schools.
Milliken v. Bradley
, 418 U.S. 717 (1974).

12.
Nixon,
Memoirs
, 2:640–41;
Los Angeles Times
, July 25, 1974;
NYT
, June 3, 1952.

13.
Nixon,
Memoirs
, 2:649; St. Clair Interview, April 10, 1987; St. Clair to Author, May 5, 1987.

14.
Ken Khachigian to Haig, July 16, 1974, Haig Papers, Box 36, NP; Congressmen Abdnor, Lagomarsino, Martin, Regula, Shuster, Towell, Steelman, and Gilman to Nixon, FG-51, NP.

15.
Debate on Articles of Impeachment
, Committee on the Judiciary, House of Representatives, 93 Cong., 2 Sess. (July 24, 25, 26, 27, 29, and 30, 1974), 1–4. Hereafter cited as HJC,
Debate
.

16.
HJC,
Debate
, 4–6.

17.
The following account is reconstructed from a taped conversation between Representative M. Caldwell Butler and Thomas Mooney of the House Judiciary Committee staff, July 31, 1974, and from draft copies of the Articles of Impeachment. Material courtesy of Mr. Mooney. Additional material is based on McClory Interview, May 8, 1987, and on interviews with members of the “fragile coalition” done in 1975. Some of this material was made available to the
New York Times
team that described the existence of the “Fragile Centrist Bloc,”
NYT
, August 5, 1974.

18.
HJC,
Debate
, 23–28, 46–49, 75–80, 57–61, 66–68, 68–71; Railsback Interview, June 11, 1975; Fish Interview, June 25, 1975; Cohen Interview, June 17, 1975; Flowers Interview, June [17], 1975; Mann Interview, June 19, 1975; Butler Interview, June 19, 1975.

19.
HJC,
Debate
, 137–49; McClory Interview, May 8, 1987; McClory unpublished memoir, 39.

20.
Mann Interview, June 19, 1975.

21.
HJC,
Debate
, 149–203.

22.
HJC,
Debate
, 204–50. Wiggins to Author, July 18, 1985; Cates to Author, November 29, 1988.

23.
HJC,
Debate
, 251–331. Fish notes with Father Don F. Shea’s “fragile coalition” Interviews.

1.
Richard Nixon,
RN: The Memoirs of Richard Nixon
(paperback ed., New York, 1979), 2:642–45. Bob Woodward and Carl Bernstein,
The Final Days
(New York, 1976), dramatically portrayed the tensions of the last two weeks of the Nixon presidency. But their depiction of the Administration and the nation as dependent at the time upon Alexander Haig and Henry Kissinger is overdrawn. After the manuscript was written, Haig insisted that he refused to talk to Woodward. Haig told Buzhardt that Woodward wanted to check facts, not because they “might be in error, but because he wanted to be sure that he was being fair to me!” Haig to Buzhardt, February 12, 1973, copy furnished by Mrs. J. F. Buzhardt.

2.
HJC,
Debate
, 334–35.

3.
HJC,
Debate
, 335–36, 340–42.

4.
HJC,
Debate
, 357–71, 385–93, 427–28, 445–47.

5.
HJC,
Debate
, 449–50, 454, 455, 473, 488–89; Polk Interview, December 18, 1986.

6.
Mann Interview, June 19, 1975; Cohen Interview, June 20, 1975; Fish Interview, June 25, 1975.

7.
HJC,
Debate
, 491, 495, 500, 516–17, 517–21, 522–24, 525–26, 531, 553–54; Mann Interview, June 19, 1975; Cohen Interview, June 17, 1975; Dixon Interview, January 24, 1985; Edward Mezvinsky,
A Term to Remember
(New York, 1977).

8.
Theodore White,
Breach of Faith
(New York, 1975), 407; Cohen Interview, June 20, 1975; Flowers Interview, June [17], 1975; Mann Interview, June 19, 1975; Gerald Ford,
A Time to Heal
(New York, 1979), 12; Curtis to Hutchinson, August 2, 1974, Hutchinson MS, FL; Patman to Danielson, Mezvinsky, and Rangel, August 5, 1974, HBC Papers.

9.
Austin Ranney,
Channels of Power: The Impact of Television on American Politics
(New York, 1985), 167.

10.
Alvin Snyder to Ron Ziegler, July 30, 1974, Haig Papers, Box 38, NP; Henry Rahmel to Alvin Snyder, July 31, 1974, August 7, 1974,
ibid.
, Boxes 38, 39; Gladys Engel Lang and Kurt Lang,
The Battle for Public Opinion: The President, the Press, and the Polls During Watergate
(New York, 1983), 168;
NYT
, August 5, 1974.

11.
Nixon,
Memoirs
, 2:645–47. Nixon’s memoirs imply that St. Clair read the transcript before Haig—a highly unlikely situation. Nixon also emphasized it was the first time Haig
had read a “transcript.” But Haig had handled the tape before and he was in regular contact with Buzhardt, his close friend.

12.
General Brent Scowcroft to Haig, July 30, 1974, Haig Papers, Box 37, NP; Ken Clawson to Haig, July 31, 1974,
ibid.
, Box 36, NP; William Timmons to St. Clair, August 2, 1974,
ibid.
, Box 39, NP.

13.
Burch Interview, May 6, 1987; Burch to Nixon, June 6, 1974, and Haig to Nixon, July 8, 1974, WHSF/WHCF, Confidential Files, Box 12, NP; Bull Interview, May 6, 1987; Lichenstein Interview, July 16, 1986.

14.
NYT
, July 28, 29, 31, August 1, 3, 1974; Phillips Interview, August 23, 1985.

15.
Ford,
A Time to Heal
, 2–3.

16.
TT, the President and Haldeman, June 23, 1972 (10:04
A.M.
–11:39
A.M.
; 1:04
P.M.
–1:13
P.M.
; 2:20
P.M.
–2:45
P.M.
),
U.S. v. M
, NA.

17.
PPPUS:RN, 1974
, 621–23; Nixon,
Memoirs
, 2:630, 641.

18.
Jaworski Oral History, 2:683; Geller to Files, Haig Interview, July 3, 1975, WGSPF Records, NA; Woodward and Bernstein,
The Final Days
, 263; St. Clair Interview, April 10, 1987; Garment Interview, April 12, 1988; Laird Interview, June 27, 1985; Nixon,
Memoirs
, 2:578; Mitchell Interview, April 11, 1988.

19.
Harry Reasoner, ABC News, Commentary, August 6, 1974;
NYT
, November 15, 1973; Flanigan to Haig, February 6, 1974, WHCF Confidential Files, Box 12, NP.

20.
Nixon,
Memoirs
, 2:654–59; Conable Interview, May 28, 1985 (quoting his diary).

21.
Edwards Interview, July 15, 1986; Gilbert Gude (R–MD) to Hutchinson, August 6, 1974, Hutchinson MS, FL; Conable Interview, May 28, 1985; St. Clair Interview, April 10, 1987; Wiggins Interview, February 5, 1985;
NYT
, August 5, 1974; Ford,
A Time to Heal
, 17.

22.
PPPUS:RN, 1974
, March 6, 1974, 236; St. Clair Interview, April 10, 1987.

23.
Impeachment of Richard M. Nixon, President of the United States
, Report, Committee on the Judiciary, House of Representatives (August 20, 1974), 93 Cong., 2 Sess., 359–493, 495–502, 511–14; Polk Interview, December 18, 1986; Shepard Interview, April 4, 1988.

24.
Barry M. Goldwater with Jack Casserly,
Goldwater
(New York, 1988), 275.

25.
Lichenstein Interview, July 16, 1986; Burch Interview, May 6, 1987; Goldwater,
Goldwater
, 275–76.

26.
Ford,
A Time to Heal
, 22; Nixon,
Memoirs
, 2:666–68; Goldwater,
Goldwater
, 277–79; Woodward and Bernstein,
The Final Days
, 413–17;
Weekly Compilation of Presidential Documents: Richard Nixon, 1974
(August 7, 1974), 10:1010–12.

27.
Nixon,
Memoirs
, 2:659–60; H. R. Haldeman,
The Ends of Power
(New York, 1978), 311–13; John Ehrlichman,
Witness to Power
(New York, 1982), 409–10, differ in their rendition of the sequence and content of the calls.