The Wars of Watergate (138 page)

1.
Frederick Jackson Turner, “The Significance of History,”
Wisconsin Journal of Education
(October 1891), 21:232;
Nixon v. Fitzgerald
, 457 U.S. 731, 754 (1982);
NYT
, February 22, 1980;
Congressional Record
(July 1, 1987), 133:9188–89;
U.S. News & World Report
, August 13, 1984, 59.

2.
WGSPF,
Final Report
(Washington, 1977), 65–73, offered a status report of the various cases. Richard Harris, “Reflections: The Watergate Prosecutions,”
The New Yorker
, June 10, 1974, 46–63, discussed the plea bargains. For a typical discussion within the WGSPF, see Cox to James Sharp and James Bierbower, August 16, 1973, WGSPF Records, NA, on the Magruder plea.

3.
William Buckley,
National Review
, September 12, 1975, 1008;
Human Events
, December 7, 1974, 14; Phillips Interview, August 23, 1985; Conable Interview, May 28, 1985;
Conservative Digest
, May 1975, 3, June 1975, 39.

4.
Human Events
, June 21, 1975, 4, July 19, 1975, 7, November 24, 1974, 3, March 1, 1975, 5; Keene Interview, August 14, 1985; Buchanan, “A Long March Unfulfilled,”
Washington Times
, April 4, 1988.

5.
Richard Scammon and Benjamin J. Wattenberg,
The Real Majority
(New York, 1970), Kevin P. Phillips,
Post-Conservative America
(New York, 1982); James L. Sundquist,
Dynamics of the Party System
(Washington, D.C., 1983), and especially, Thomas Byrne Edsall,
The New Politics of Equality
(New York, 1984), offered useful insights into the dilemmas of the Democrats.

6.
David Frost,
“I Gave Them a Sword”: Behind the Scenes of the Nixon Interviews
(New York, 1978), 62.

7.
Ralph Winter, Jr. (ed.),
Watergate and the Law: Political Campaigns and Presidential Power
(Washington, 1974), 1–4, 83–85.

8.
Public Financing of Federal Elections
, Hearings, Subcommittee on Privileges and Elections of the Committee on Rules and Administration, U.S.S., 93 Cong., 1 Sess., 23, 33, 35; “Congress Clears Campaign Finance Reform,”
Congressional Quarterly Almanac
(1974), 30:611–33; Herbert E. Alexander,
Financing the 1972 Election
(Lexington, KY, 1976); Gillian Peele,
Revival and Reaction: The Right in Contemporary America
(New York, 1984), 60;
Buckley v. Valeo
, 424 U.S. 1 (1976);
Federal Election Commission v. National Conservative
Political Action Committee
, 470 U.S. 480 (1985); Gregg Easterbrook, “What’s Wrong with Congress?”
The Atlantic
, December 1984, 254:70. See Paul Huston’s account of “fat cat” contributions in the 1988 campaign:
Los Angeles Times
, December 9, 1988. The disclosure requirements of the 1974 legislation have remained largely intact and have provided useful information as to the source of campaign funds.

9.
Robert Nisbet,
The Present Age: Progress and Anarchy in Modern America
(New York, 1988), 105–06; Jaworski, Oral History Memoir, The Texas Collection, Baylor University, 5:764–65.

10.
Watergate Reorganization and Reform Act of 1975
, Hearings, Committee on Government Operations, U.S.S., 94 C
ONG.
, 1 Sess. (July 29–31, 1975);
Public Officials Integrity Act of 1977
, Hearings, Committee on Government Affairs, U.S.S., 95 Cong., 1 Sess. (May 3–5, July 7–9, 1977); “Carter Signs Government-Wide Ethics Bill,”
Congressional Quarterly Almanac
(1978), 34:833–43; Petersen Interview, August 23, 1975.

11.
Special Prosecutor Provisions of Ethics in Government Act of 1978
, Hearings, Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, U.S.S., 97 Cong., 1 Sess. (May 20, 22, 1981), 2–12, 93–97;
Ethics in Government Act Amendments of 1982
, Hearings, Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, U.S.S. (April 28, 1972), 97 Cong., 2 Sess., 2–8, 45–47; “Revision of Special Prosecutor Law Cleared,”
Congressional Quarterly Almanac
(1982), 38:386–89.

12.
NYT
, March 13, 1987;
Oversight of the Independent Counsel Statute
, Hearings, Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, U.S.S., 100 Cong., 1 Sess. (March 19–20, 1987), 3–5, 8–10;
Independent Counsel Reauthorization Act of 1987
, Report, Committee on Governmental Affairs, U.S.S., 100 Cong., 1 Sess. (July 24, 1987), 9–14;
WP
, June 17, 1987;
Congressional Record
, U.S.S. (October 16, 1987), 100 Cong., 1 Sess., 14439; “Balky Reagan Signs Extension of Independent-Counsel Law,”
Congressional Quarterly Weekly Report
(December 19, 1987), 45:3166;
Los Angeles Times
, December 18, 1987;
WSJ
, October 21, 1987. The most substantial criticism of the ethics legislation is in “Ethics-in-Government Laws: Are They Too ‘Ethical’?” (American Enterprise Institute, 1984). In November 1988, President Reagan pocket-vetoed a bill imposing tighter restrictions on lobbying efforts of former government employees.

13.
Morrison, Independent Counsel v. Olson, et al.
(U.S. Sup. Ct., slip opinion, No. 87–1279);
In re Sealed Case
, 838 F.2d 476 (D.C. Cir. 1988). Leonard Garment, “Does America Really Need This Orgy of Investigation?”
WP
, May 10, 1987; Leonard Garment, “The Guns of Watergate,”
Commentary
, April 1987, 20–23; L. Gordon Krovitz, “Independent Counsels: Quo Warranto?”
WSJ
(February 9, 1988) and Andrew L. Frey and Kenneth S. Geller, “Better Than Independent Counsels,”
WP National Weekly Edition
(February 22–28, 1988), criticized the lack of accountability and excesses of the Independent Counsel; Lovida H. Coleman, Jr., “The Case for the Independent Counsel,”
WP National Weekly Edition
(February 29–March 6, 1988), responded.

14.
Athan Theoharis,
Spying on Americans: Political Surveillance from Hoover to the Huston Plan
(Philadelphia, 1978), is the best account of the FBI’s abuses of power; Clarence Kelley,
Kelley: The Story of an FBI Director
(Kansas City, 1987), 152–53; Mark Felt, one of the indicted agents, bitterly assailed Kelley and the reformist spirit, in
The FBI Pyramid: From the Inside
(New York, 1979), 345–51: “The FBI wouldn’t be in this predicament if Clarence Kelley were alive,” was, according to Felt, a favorite observation among FBI personnel; Reagan pardon,
NYT
, April 16, 1981; Richard Gid Power,
Secrecy and Power: The Life of J. Edgar Hoover
(New York, 1987), 487; “Watergate Revisited: A Legislative Legacy,”
Congressional Quarterly Almanac
(1982), 38:387.

15.
Surveillance Technology
, Staff Report, Committee on the Judiciary, U.S.S., 94 Cong.,
2 Sess., 383–402, reprints the Levi Guidelines; Athan G. Theoharis and John Stuart Cox,
The Boss: J. Edgar Hoover and the Great American Inquisition
(Philadelphia, 1988), 431–35; AP Dispatch, in
Wisconsin State Journal
, October 14, 1984;
NYT
, January 14, 1985.

16.
Hersh’s articles first appeared in the
Times
on December 22, 1974. The best account of the politics of the Senate hearings, and the Senate’s findings, is in Loch K. Johnson,
A Season of Inquiry: The Senate Intelligence Investigation
(Lexington, KY, 1985), 9–11,
et passim
; Colby Interview, October 9, 1987.

17.
Nixon to Helms, October 24, 1983, courtesy of Ambassador Helms; Helms Interview, July 14, September 23, 1988.

18.
Johnson,
A Season of Inquiry
, 195–96, 252–56, 263; Stansfield Turner,
Secrecy and Democracy
(Boston, 1985); Turner, Op-Ed,
NYT
, March 13, 1987;
Los Angeles Times
, March 4, 1987.

19.
PPPUS:RN, 1974
(January 30, 1974), 78–79;
Privacy Act of 1974
, Report, Committee on Government Operations, H.R., 93 Cong., 2 Sess., 5–9; “Privacy Act,”
Congressional Quarterly Almanac
(1974); 30:292–293.

20.
Tax Revision Issues 1976
, Joint Committee on Internal Revenue Taxation, 94 Cong., 2 Sess. (April 14, 1976), 32–33, 46;
Summary of the Conference Agreement on the Tax Reform Act of 1976
, Report, Committee on Ways and Means, H.R. (September 29, 1976), 94 Cong., 2 Sess., 44.

21.
Christopher Hitchens, “Minority Report,”
The Nation
, January 11, 1986, 6; Jack Anderson,
WP
, December 20, 1985; Benjamin R. Civiletti, “Post-Watergate Legislation in Retrospect,”
Southwestern Law Journal
, February 1981, 34:1049–51, 1056–59.

22.
“Freedom of Information Veto Overridden,”
Congressional Quarterly Almanac
(1974), 30:648–54;
Congressional Record
(November 21, 1974), 93 Cong., 2 Sess., 120:36865; “One FOIA Bill Clears, But Overhaul Bill Stalls,”
Congressional Quarterly Almanac
(1984), 40:181–85.

23.
Presidential Records Act of 1978
, Hearings, Subcommittee of the Committee on Government Operations, H.R., 95 Cong., 2 Sess. (February 23, 28, March 2, 7, 1978);
Nixon v. General Services Administration
, 433 U.S. 425 (1976);
Allen v. Carmen
, 578 F. Supp. 951 (D.D.C. 1983).

24.
Review of Nixon Presidential Materials: Access Regulations
, Hearings, Subcommittee on Government Operations, H.R., 99 Cong., 2 Sess. (April 29, 1986);
Public Citizen, et al. v. Richard M. Nixon
, No. 87–5215 (D.C. Cir., 1988); also see
Nixon v. Freeman
, 670 F. 2d 346 (D.C. Cir.);
ibid.
, certiorari denied, 459 U.S. 1035 (1982); Jack Anderson,
WP
, November 10, 1988; Executive Order 12667, “Presidential Records,”
Federal Register
, January 23, 1989.

25.
Samuel P. Huntington,
American Politics: The Promise of Disharmony
(Cambridge, 1981), 203–09.

26.
Louis Fisher,
Constitutional Conflicts Between Congress and the President
(Princeton, 1985), 237–39;
Congressional Quarterly Almanac
(1973), 29:252–59;
ibid.
(1974), 30:145–53;
PPPUS:RN, 1974
(July 12, 1974), 588; Richard Nixon,
RN: The Memoirs of Richard Nixon
(paperback ed., New York, 1979), 2:628–29; Easterbrook, “What’s Wrong With Congress,”
Atlantic
, December 1984, 254:60–61; Robert Rothman, “Congress’s Long Conflict with President Led to 1974 Impoundment Control Act,”
Congressional Quarterly Weekly Report
(July 2, 1983), 41:1332–33.

27.
Richard Nixon,
No More Vietnams
(New York, 1985), 165; Frost, “
I Gave Them a Sword
”, 139; Henry Kissinger,
Years of Upheaval
(Boston, 1982), 125–26, 414–16, 1122; Henry Kissinger,
White House Years
(Boston, 1979), 986
n
; Roger Morris,
Uncertain Greatness: Henry Kissinger and American Foreign Policy
(New York, 1977), 252;
Milwaukee Journal
, April 7, 1985; Kissinger remarks at Hofstra Conference on Nixon Presidency, November
19, 1987. Paul Johnson,
Modern Times
(New York, 1985), 654, 658, follows Nixon and Kissinger in blaming Watergate for the fall of Vietnam.

28.
Frank Snepp,
Decent Interval: An Insider’s Account of Saigon’s Indecent End
(New York, 1977); Lehmann to Secretary of State, August 13, 1975, Telegram, courtesy of Mr. Lehmann; Lehmann, Letter to Editor,
NYT Book Review
, February 22, 1987; Lehmann Interview, May 8, 1987; Nayan Chanda,
Brother Enemy: The War After the War
(New York, 1986), 153, 157, 273; George C. Herring,
America’s Longest War: The United States and Vietnam, 1950–1975
(2nd ed., New York, 1986), 266. William Hammond, “The American Withdrawal from Vietnam: Some Military and Political Considerations,” Hofstra Conference on the Nixon Presidency, November 19, 1987.

29.
Bruce Palmer, Jr.,
The Twenty-five-Year War: America’s Military Role in Vietnam
(Lexington, KY, 1984), 186–87.

30.
Herring,
America’s Longest War
, 259; Hung Nguyen Tien and Jerrold L. Schecter,
The Palace File
(New York, 1986), 307–308, 354, 163, 363.

31.
Herring,
America’s Longest War
, 265–66.

32.
Seymour M. Hersh,
The Price of Power: Kissinger in the Nixon White House
(New York, 1983), 561
ff.
, tracks the Vietnam negotiations with Watergate events; Nixon,
Memoirs
, 2:306.

33.
Nisbet,
The Present Age
, 82; Madison to Jefferson, May 13, 1798, in Saul K. Padover (ed.),
The Complete Madison: His Basic Writings
(New York, 1953), 257–58; Lincoln to Herndon, February 15, 1848, quoted in Arthur M. Schlesinger, Jr.,
The Imperial Presidency
(Boston, 1973), 43. Leonard W. Levy,
Original Intent and the Framers’ Constitution
(New York, 1988), 30–53, offers a convincing argument for shared powers on foreign policy. Nixon’s behavior was not new, as a distinguished line of his predecessors did not approve of congressional intrusions, whatever the original intention of the Constitution’s framers: “The necessary secrecy of diplomacy gave to every President the power to involve the country without its knowledge in dangers which would not afterwards be escaped, and the [original] Republican party neither invented nor suggested means by which this old evil of irresponsible politics could be cured; but of all Presidents, none used these arbitrary powers with more freedom and secrecy than Jefferson. His ideas of Presidential authority in foreign affairs were little short of royal. He loved the sense of power and the freedom from oversight which diplomacy gave, and thought with reason that as his knowledge of Europe was greater than that of other Americans, so he should be left to carry out his policy undisturbed.” Henry Adams,
History of the United States During the Administration of Thomas Jefferson
(New York, 1889), 2:245.