The Wars of Watergate (137 page)

28.
Whitehead Interview, May 25, 1988; Jerald F. terHorst,
Gerald Ford and the Future of the Presidency
(New York, 1974), 181–81; Ford,
A Time to Heal
, 24;
NYT
, August 26, 1974, has an extensive account of the transition process.

29.
Richard Reeves,
A Ford, Not a Lincoln
(New York, 1975), 11–12; terHorst,
Gerald Ford
, 177–78; Ford,
A Time to Heal
, 5, 115–16;
NYT
, July 28, 1974.

30.
Robert T. Hartmann,
Palace Politics: An Inside Account of the Ford Years
(New York, 1980), 30–40, 80–88, 97, 106–07, 116–17, 122–52; Ford,
A Time to Heal
, 140, 122; Ron Nessen,
It Sure Looks Different from the Inside
(Chicago, 1978), 36.

31.
Ford,
A Time to Heal
, 10–15.

32.
David Parker, Background Paper for Cabinet Meeting, August 6, 1974, Hoopes Papers, Box 20, NP; Saxbe to Author, May 15, 1987. Nixon said that the meeting continued; Dean Burch confirmed the Saxbe story: Burch Interview, May 6, 1987. Also see Ford,
A Time to Heal
, 19–21; Henry Kissinger,
Years of Upheaval
(Boston, 1982), 1202–04.

33.
James Kilpatrick Interview,
Washington Star
, May 14, 1974; Butler Interview,
Roanoke Times
, July 27, 1975; Nixon to Rose Mary Woods, June 8, 1974, NPF, Box 4, NP.

34.
Rose Mary Woods to Nixon, May 11, 1974, NPF, Box 8, NP; Norman Vincent Peale to Rose Mary Woods, May 13, 1974,
ibid.
; Jesus Monrow Telephone Communication, August 7, 1974,
ibid.
, Box 19; Kilpatrick,
Washington Star
, August 10, 1974.

35.
Nixon,
Memoirs
, 1:23–24; 2:548.

36.
Haldeman,
Ends of Power
, 309; Kenneth Khachigian to Haig, July 14, 1974, Haig Papers, Box 36, NP (the phrase was used by Pat Buchanan in a memo to Nixon, May 3, 1973, NPF, Box 6, NP); Bull Interview, May 7, 1987; Moore Interview, December 5, 1987; Greenspan quoted in
International Herald Tribune
, June 3, 1987; Julie Nixon Eisenhower,
Pat Nixon: The Untold Story
(New York, 1986), 408–09; Nixon,
Memoirs
, 2:661–65.

37.
David Frost, “
I Gave Them a Sword”: Behind the Scenes of the Nixon Interviews
(New York, 1978), 96; Woodward and Bernstein,
The Final Days
, 384–425; Mitchell Interview, April 11, 1988. Various presidential aides at the time, such as Stephen Bull, Bruce Herschensohn, and Pat Buchanan, have complained that they were misquoted or that contrary evidence they offered Woodward and Bernstein was ignored. Victor Lasky, “The Woodstein Ripoff,”
AIM Report
, October 1976. Buzhardt complained about numerous errors, many of which involved him as a source, in an unsent letter to Woodward: copy furnished by Mrs. J. F. Buzhardt. John Dean has made a substantial case for Haig as “Deep Throat,” the alleged White House source for Woodward. John Dean,
Lost Honor
(Los Angeles, 1982), 326–54. For Goldwater’s autobiography, Haig obligingly described Goldwater as “one of the good guys” of the resignation moment; at the same time, Goldwater painted Haig in heroic terms. Goldwater,
Goldwater
, 281.

38.
William Timmons to Haig, August 7, 1974, Haig Papers, Box 39, NP; Timmons to Author, August 7, 1987; Robert McClory, “Was the Fix in Between Ford and Nixon?,”
National Review
, October 14, 1983, 1264–66; McClory Interview, May 8, 1987.

39.
Frost, “
I Gave Them a Sword
,” 272; Albert Interview, United States Capitol Historical Society, 37–38; Nixon,
Memoirs
, 2:678–79.

40.
NYT
, August 25, 1974;
WP
, August 24, 1974;
NYT
, July 4, 1974.

41.
The relevant messages were furnished by the Office of the Assistant Secretary of Defense.

42.
Moorer Interview, June 25, 1985; Major General John S. Lekson to Author, May 6, 1986; General Bruce Palmer,
The 25-Year War: America’s Military Role in Vietnam
(Lexington, KY, 1984), 140; Palmer Telephone Interview, December 17, 1986 (Palmer’s references to later events reflected his criticism of Secretary of the Navy John Lehman, Lieutenant-Colonel Oliver North, and Admiral John Poindexter);
Nomination of Alexander M. Haig, Jr., to be Secretary of State
, Hearings, Committee on Foreign Relations, U.S. Senate, 97 Cong., 1 Sess. (January 14, 1981) 2:69;
Newsweek
, July 16, 1979, 54. General Brown’s legal aide did not believe that major military commanders would have responded to extraordinary orders from Haig, considering their personal contempt and animosity toward him. Finklestein Interview, May 30, 1985. Garment Interview, April 11, 1988, provided some special insight into Haig, given Garment’s vantage point in the Nixon White House and as a writer and consultant for Haig in 1981–82.

43.
Joseph Spear,
Presidents and the Press
(Cambridge, MA, 1984), 235.

44.
Nixon,
Memoirs
, 2:685–86.

1.
Gerald R. Ford,
A Time to Heal
(New York, 1979), 4.

2.
Nomination of Gerald R. Ford to be Vice President of the United States
, Committee on Rules and Administration, U.S. Senate, 93 Cong., 1 Sess. (November 5, 1973), 124.

3.
Seymour Hersh, “The Pardon,”
Atlantic
, August 1983, 55;
Pardon of Richard M. Nixon and Related Matters
, Hearings, Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, 93 Cong., 2 Sess. (October 17, 1974), 94; Walter Pincus, “Origin of Pardon Idea in Question,”
WP
, February 1, 1976; Buzhardt Draft in Buzhardt MS, Courtesy of Mrs. J. Fred Buzhardt; Ford,
A Time to Heal
, 148.

4.
Whitehead Interview, May 25, 1988; Richard Reeves,
A Ford, Not a Lincoln
(New York, 1975), 73; Jerald F. terHorst,
Gerald Ford and the Future of the Presidency
(New York, 1974), 217; Benton Becker to Author, March 3, 1986. Robert T. Hartmann,
Palace Politics: An Inside Account of the Ford Years
(New York, 1980), is useful for the conflict between the Nixon and Ford retainers.

5.
NYT
, August 16, 14, 15, 17, 27, 1974; Becker Interview, December 5, 1985.

6.
Meeting Notes, August 7, 8, 1974, Nixon File #11, WGSPF Records, NA.

7.
Lacovara to Jaworski, August 16, 1974; Richard J. Davis to Jaworski, August 19, 1974; Richard Ben-Veniste to Jaworski, August 19, 1974; Neal to Jaworski, August 27, 1974; Charles R. Breyer to Jaworski, August 27, 1974; Jay Horowitz to Jaworski, August 29, 1974; Nick Akerman to Jaworski, August 29, 1974; Frank Martin to Jaworski, August 29, 1974; Richard Weinberg to Jaworski, September 4, 1974; Thomas P. Ruane to Jaworski, September 4, 1974; Phil Bakes to Jaworski, September 3, 1974; Kenneth Geller to Jaworski, September 5, 1974; Sidney M. Glazer to Jaworski, September 4, 1974; Stephen Haberfield to Jaworski, September 6, 1974, Special Prosecutor’s Files, Nixon File #11, WGSPF Records, NA.

8.
William C. Berman,
William Fulbright and the Vietnam War: The Dissent of a Political Realist
(Kent, OH, 1988), 193–94;
NYT
, August 24, 1974.

9.
NYT
, August 13, September 2, 1974.

10.
Treen to Jaworski, August 22, 1974, Edward Hutchinson MS, FL.

11.
Garment to Buchen, August 28, 1974, Garment MS, LC.

12.
PPPUS:GF, 1974
, Press Conference, August 28, 1974, 57; Ford,
A Time to Heal
, 158–61; Hersh, “The Pardon,” 55–62; Reeves,
A Ford, Not a Lincoln
, 110; Buchen to William Greener, December 19, 1975, Buchen MS, Box 32, FL.

13.
Lacovara to Jaworski, August 29, 1974, Nixon File #11, WGSPF Records, NA.

14.
Ford,
A Time to Heal
, 167–68; Jaworski to Buchen, September 4, 1974 (with Ruth memorandum to Jaworski, September 3, 1974), Nixon File #11, WGSPF Records, NA; Herbert J. Miller, Jr., to Jaworski, September 4, 1974,
ibid.
; Peter Kreindler to Lacovara, and Lacovara to Jaworski, September 5, 1974, Legal Memos,
ibid.
; Jaworski Oral History Memoir, The Texas Collection, Baylor University, 2:663–64; Becker Interview, December 5, 1985.

15.
Ford,
A Time to Heal
, 165–66; Becker Interview, December 5, 1985; Hersh, “The Pardon,” 55–62. See Chapter XV,
supra.

16.
Ford,
A Time to Heal
, 168–70; Becker Interviews, December 5, 7, 1985. Becker claimed that paper burning occurred regularly in the first days of the Ford Administration, but after complaints to the President, the number of burnings declined. Becker to Author, March 28, 1986.

17.
Laird Interview, June 27, 1985; Becker Interview, December 5, 1985;
NYT
, September 9, 1974.

18.
Becker Interview, December 5, 7, 1985; Buchen to James B. Rhoads (Archivist of the U.S.), September 20, 1974, WHCF, Box 16, FL;
Presidential Recordings and Materials Preservation Act
, Report, Committee on House Administration, 93 Cong., 2 Sess. (November 24, 1974).

19.
TerHorst,
Ford and the Future of the Presidency
, 216–40; Reeves,
A Ford, Not a Lincoln
, 92, 110–11; Hartmann,
Palace Politics
, 257–62, indicates that some of the staff members knew, especially Buchen, of course; Ford acknowledged that Hartmann and Jack Marsh on his staff had reservations about the matter, indicating their knowledge:
A Time to Heal
, 161–62.

20.
Vertical File, Richard Nixon: Pardon, FL; Earl D. Ward to Ford, September 11, 1974, J. Edgar Bowron to Ford, September 10, 1974, Leroy F. Green to Ford, September 10, 1974, Gayle Windsor, Jr., to Ford, September 11, 1974; Marie Lombardi to Ford, September 29, 1974; Paul Newman and Joanne Woodward to Ford, September 11, 1974; Judge Gerard D. Reilly to Ford, September 12, 1974; Rabbi Baruch Korff to Ford, September 9, 1974; Armand Hammer to Ford, September 10, 1974, WHCF, Amnesties/Pardons: Nixon, Boxes 4 and 5, FL.

21.
NYT
, September 9, 10, 1974; Quie to Ford, September 12, 1974; Dingell to Ford, September 11, 1974; McCloskey to Ford, September 11, 1974; William Timmons to Ford, September 10, 1974; Max Friedersdorf to Representative Pierre S. du Pont, September 17, 1974, WHCF, Amnesties/Pardons: Nixon, Box 4, FL;
Boston Herald American
, March 23, 1976.

22.
Ford,
A Time to Heal
, 180–81; Box 16, Nessen MS, FL;
Conservative Digest
, May 1976 (Viguerie), June 1976 (Colson);
National Review
, September 27, 1974.

23.
Ervin Statement, September 9, 1974, Box 384, Ervin Papers, Chapel Hill; Richardson to the
WP
, September 20, 1974, Richardson Papers, LC.

24.
Conable Interview, May 28, 1985; Ford,
A Time to Heal
, 175; Laird Interview, June 27, 1985.

25.
WP
, September 25, 1974;
WSJ
, October 16, 1974; Dash Interview, February 5, 1986.

26.
Lacovara to Jaworski, September 5, 1974, Jaworski to Lacovara, September 6, 1974, Lacovara to Jaworski, September 6, 1974, Lacovara Files, WGSPF Records, NA; Lacovara to Jaworski, September 9, 1974, Nixon File #6a,
ibid.
; Jaworski to Lacovara, September 14, 1974, Nixon File #11,
ibid.
Leon Jaworski,
The Right and the Power
(New York, 1976), 242–46; George Frampton and Richard Ben-Veniste,
Stonewall: The Real Story of the Watergate Prosecution
(New York, 1977), 300–11; Leon Jaworski Oral History Memoir, The Texas Collection, Baylor University, 1:219; 2:644–46.

27.
Jaworski to Ruth, undated, Jaworski Subject File, WGSPF Records, NA; Lacovara to Jaworski (with Palmer to Lacovara, September 27, 1974), September 27, 1974, Nixon File #11,
ibid.
; Jaworski to Saxbe, October 12, 1974, Nixon File #6a,
ibid.

28.
Abzug to Jaworski, September 10, 1974, Jaworski Subject Files, WGSPF Records, NA; Lacovara to Jaworski, September 13, 1974, Nixon File #11,
ibid.

29.
“Record of the Subcommittee’s Action on H. Res. 1367 and 1370”; Hungate to Ford, September 17, 1974; Ford to Hungate, September 20, 1974; Buchen to Hungate, September 24, 1974; Hungate to Ford, September 25, 1974; Ford to Hungate, September 30, 1974, documents furnished by subcommittee aide Steven Lynch. Sandman to Ford, October 1, 1974; Ford to Sandman, October 4, 1974; Sandman to Ford, October 18, 1974, WHCF, Box 5, FL; Lynch Interview, October 10, 1985; Holtzman Interview, April 11, 1986; “Subcommittee Minutes,” November 22, 1974, courtesy of Steven Lynch;
Pardon of Richard M. Nixon and Related Matters
, Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, 93 Cong., 2 Sess. (October 17, 1974), 107–08.

30.
WP
, December 18, 1975. Compare a story in
The Nation
, November 9, 1974, for its
similarities. Holtzman to Hungate, December 18, 1975; Lynch to Hungate, December 19, 1975; Staff to Hungate, February 17, 1976; “Subcommittee Minutes,” February 19, 1976, documents courtesy of Steven Lynch; Holtzman Interview, April 11, 1986.

31.
Burdick v. U.S.
, 236 U.S. 83, 94 (1915); “Does a Pardon Blot Out Guilt?”
Harvard Law Review
, (May 1915) 28:647; Edward S. Corwin,
The Constitution and What It Means Today
(Princeton, NJ, 1978), 167–68.

32.
White House Summary, October 6, 1974, Ron Nessen MS, Box 16, FL; Hersh, “The Pardon”; Robert McClory, “Was the Fix in Between Ford and Nixon?”
National Review
, October 14, 1983, 1264–72. Alexander Haig’s role, shadowy as always, is very much at the center of the conspiracy ideas. He publicly testified that he never told Ford that Nixon would resign if the Vice President promised a pardon. Senate Foreign Relations Committee,
Nomination of Alexander M. Haig, Jr., to be Secretary of State
, Hearings, Committee on Foreign Relations, U.S. Senate, 97 Cong., 1 Sess. (January 9, 1981), 27. See Frank Fox and Stephen Parker, “Is the Pardon Explained by the Ford-Nixon Tapes?”
New York
, October 14, 1974, 7:41–45, suggests that Nixon’s recordings of Ford’s loyal service during the Watergate affair gave Nixon leverage in gaining a pardon. John Ehrlichman,
Witness to Power
(New York, 1982), 410.