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Impeachment Seminar |
Professors Solum & Manheim
Spring, 1999 |
Readings for Feb. 18 - Part I
President Richard Nixon's Watergate Speech
August 15, 1973
Good evening:
Now that most of the major witnesses in the Watergate phase of the Senate committee hearings on campaign practices have been heard, the time has come for me to speak out about the charges made and to provide a perspective on the issue for the American people.
For over 4 months, Watergate has dominated the news media. During the past 3 months, the three major networks have devoted an average of over 22 hours of television time each week to this subject. The Senate committee has heard over 2 million words of testimony.
This investigation began as an effort to discover the facts about the break-in and bugging of the Democratic National Headquarters and other campaign abuses.
But as the weeks have gone by, it has become clear that both the hearings themselves and some of the commentaries on them have become increasingly absorbed in an effort to implicate the President personally in the illegal activities that took place.
Because the abuses occurred during my Administration, and in the campaign for my reelection, I accept full responsibility for them. I regret that these events took place, and I do not question the right of a Senate committee to investigate charges made against the President to the extent that this is relevant to legislative duties.
However, it is my constitutional responsibility to defend the integrity of this great office against false charges. I also believe that it is important to address the overriding question of what we as a nation can learn from this experience and what we should now do. I intend to discuss both of these subjects tonight.
The record of the Senate hearings is lengthy. The facts are complicated, the evidence conflicting. It would not be right for me to try to sort out the evidence, to rebut specific witnesses, or to pronounce my own judgments about their credibility. That is for the committee and for the courts.
I shall not attempt to deal tonight with the various charges in detail. Rather, I shall attempt to put the events in perspective from the standpoint of the Presidency.
On May 22, before the major witnesses had testified, I issued a detailed statement addressing the charges that had been made against the President.
I have today issued another written statement, which addresses the charges that have been made since then as they relate to my own conduct, and which describes the efforts that I made to discover the facts about the matter.
On May 22, I stated in very specific terms—and I state again to every one of you listening tonight these facts—I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent coverup activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics.
That was and that is the simple truth.
In all of the millions of words of testimony, there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in. As for the coverup, my statement has been challenged by only one of the 35 witnesses who appeared—a witness who offered no evidence beyond his own impressions and whose testimony has been contradicted by every other witness in a position to know the facts.
Tonight, let me explain to you what I did about Watergate after the break-in occurred, so that you can better understand the fact that I also had no knowledge of the so-called coverup.
From the time when the break-in occurred, I pressed repeatedly to know the facts, and particularly whether there was any involvement of anyone in the White House. I considered two things essential:
First, that the investigation should be thorough and aboveboard; and second, that if there were any higher involvement, we should get the facts out first. As I said at my August 29 press conference last year, "What really hurts in matters of this sort is not the fact that they occur, because overzealous people in campaigns do things that are wrong. What really hurts is if you try to cover it up." I believed that then, and certainly the experience of this last year has proved that to be true.
I know that the Justice Department and the FBI were conducting intensive investigations—as I had insisted that they should. The White House Counsel, John Dean, was assigned to monitor these investigations, and particularly to check into any possible White House involvement. Throughout the summer of 1972, I continued to press the question, and I continued to get the same answer: I was told again and again that there was no indication that any persons were involved other than the seven who were known to have planned and carried out the operation, and who were subsequently indicted and convicted.
On September 12 at a meeting that I held with the Cabinet, the senior White House Staff and a number of legislative leaders, Attorney General Kleindienst reported on the investigation. He told us it had been the most extensive investigation since the assassination of President Kennedy and that it had established that only those seven were involved.
On September 15, the day the seven were indicted, I met with John Dean, the White House Counsel. He gave me no reason whatever to believe that any others were guilty; I assumed that the indictments of only the seven by the grand jury confirmed the reports he had been giving to that effect throughout the summer.
On February 16, I met with Acting Director Gray prior to submitting his name to the Senate for confirmation as permanent Director of the FBI. I stressed to him that he would be questioned closely about the FBI's conduct of the Watergate investigation. I asked him if he still had full confidence in it. He replied that he did, that he was proud of its thoroughness and that he could defend it with enthusiasm before the committee.
Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a coverup. I was convinced there was no coverup, because I was convinced that no one had anything to cover up.
It was not until March 21 of this year that I received new information from the White House Counsel that led me to conclude that the reports I had been getting for over 9 months were not true. On that day, I launched an intensive effort of my own to get the facts and to get the facts out. Whatever the facts might be, I wanted the White House to be the first to make them public.
At first, I entrusted the task of getting me the facts to Mr. Dean. When, after spending a week at Camp David, he failed to produce the written report I had asked for, I turned to John Ehrlichman and to the Attorney General—while also making independent inquiries of my own. By mid-April, I had received Mr. Ehrlichman's report and also one from the Attorney General based on new information uncovered by the Justice Department. These reports made it clear to me that the situation was far more serious than I had imagined. It at once became evident to me that the responsibility for the investigation in the case should be given to the Criminal Division of the Justice Department.
I turned over all the information I had to the head of that department, Assistant Attorney General Henry Petersen, a career government employee with an impeccable nonpartisan record, and I instructed him to pursue the matter thoroughly. I ordered all members of the Administration to testify fully before the grand jury.
And with my concurrence, on May 18 Attorney General Richardson appointed a Special Prosecutor to handle the matter, and the case is now before the grand jury.
Far from trying to hide the facts, my effort throughout has been to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.
I relied on the best law enforcement agencies in the country to find and report the truth. I believed they had done so— just as they believed they had done so.
Many have urged that in order to help prove the truth of what I have said, I should turn over to the Special Prosecutor and the Senate committee recordings of conversations that I held in my office or on my telephone.
However, a much more important principle is involved in this question than what the tapes might prove about Watergate.
Each day, a President of the United States is required to make difficult decisions on grave issues. It is absolutely necessary, if the President is to be able to do his job as the country expects, that he be able to talk openly and candidly with his advisers about issues and individuals. This kind of frank discussion is only possible when those who take part in it know that what they say is in strictest confidence.
The Presidency is not the only office that requires confidentiality. A Member of Congress must be able to talk in confidence with his assistants; judges must be able to confer in confidence with their law clerks and with each other. For very good reasons, no branch of Government has ever compelled disclosure of confidential conversations between officers of other branches of Government and their advisers about Government business.
This need for confidence is not confined to Government officials. The law has long recognized that there are kinds of conversations that are entitled to be kept confidential, even at the cost of doing without critical evidence in a legal proceeding. This rule applies, for example, to conversations between a lawyer and a client, between a priest and a penitent, and between a husband and wife. In each case it is thought so important that the parties be able to talk freely to each other that for hundreds of years the law has said these conversations are "privileged" and that their disclosure cannot be compelled in a court.
It is even more important that the confidentiality of conversations between a President and his advisers be protected. This is no mere luxury, to be dispensed with whenever a particular issue raises sufficient uproar. It is absolutely essential to the conduct of the Presidency, in this and in all future Administrations.
If I were to make public these tapes, containing as they do blunt and candid remarks on many different subjects, the confidentiality of the Office of the President would always be suspect from now on. It would make no difference whether it was to serve the interests of a court, of a Senate committee, or the President himself—the same damage would be done to the principle, and that damage would be irreparable.
Persons talking with the President would never again be sure that recordings or notes of what they said would not suddenly be made public. No one would want to advance tentative ideas that might later seem unsound. No diplomat would want to speak candidly in those sensitive negotiations which could bring peace or avoid war. No Senator or Congressman would want to talk frankly about the Congressional horsetrading that might get a vital bill passed. No one would want to speak bluntly about public figures here and abroad.
That is why I shall continue to oppose efforts which would set a precedent that would cripple all future Presidents by inhibiting conversations between them and those they look to for advice.
This principle of confidentiality of Presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle. which is so vital to the conduct of this great office.
Turning now to the basic issues which have been raised by Watergate, I recognize that merely answering the charges that have been made against the President is not enough. The word "Watergate" has come to represent a much broader set of concerns.
To most of us, Watergate has come to mean not just a burglary and bugging of party headquarters but a whole series of acts that either represent or appear to represent an abuse of trust. It has come to stand for excessive partisanship, for "enemy lists" for efforts to use the great institutions of Government for partisan political purposes.
For many Americans, the term "Watergate" also has come to include a number of national security matters that have been brought into the investigation, such as those involved in my efforts to stop massive leaks of vital diplomatic and military secrets, and to counter the wave of bombings and burnings and other violent assaults of just a few years ago.
Let me speak first of the political abuses.
I know from long experience that a political campaign is always a hard and a tough contest. A candidate for high office has an obligation to his party, to his supporters, and to the cause he represents. He must always put forth his best efforts to win. But he also has an obligation to the country to conduct that contest within the law and within the limits of decency.
No political campaign ever justifies obstructing justice, or harassing individuals, or compromising those great agencies of Government that should and must he above politics. To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them.
Practices of that kind do not represent what I believe government should be, or what I believe politics should be. In a free society, the institutions of government belong to the people. They must never be used against the people.
And in the future, my Administration will be more vigilant in ensuring that such abuses do not take place and that officials at every level understand that they are not to take place.
And I reject the cynical view that politics is inevitably or even usually a dirty business. Let us not allow what a few overzealous people did in Watergate to tar the reputation of the millions of dedicated Americans of both parties who fought hard but clean for the candidates of their choice in 1972. By their unselfish efforts, these people make our system work and they keep America free.
I pledge to you tonight that I will do all that I can to ensure that one of the results of Watergate is a new level of political decency and integrity in America— in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.
Let me turn now to the difficult questions that arise in protecting the national security.
It is important to recognize that these are difficult questions and that reasonable and patriotic men and women may differ on how they should be answered.
Only last year, the Supreme Court said that implicit in the President's constitutional duty is "the power to protect our Government against those who would subvert or overthrow it by unlawful means," How to carry out this duty is often a delicate question to which there is no easy answer.
For example, every President since World War II has believed that in internal security matters, the President has the power to authorize wiretaps without first obtaining a search warrant.
An act of Congress in 1968 had seemed to recognize such power. Last year the Supreme Court held to the contrary. And my Administration is, of course, now complying with that Supreme Court decision.
But until the Supreme Court spoke, I had been acting, as did my predecessors—President Truman, President Eisenhower, President Kennedy, and President Johnson—in a reasonable belief that in certain circumstances the Constitution permitted and sometimes even required such measures to protect the national security in the public interest.
Although it is the President's duty to protect the security of the country, we, of course, must he extremely careful in the way we go about this for if we lose our liberties we will have little use for security. Instances have now come to light in which a zeal for security did go too far and did interfere impermissibly with individual liberty. It is essential that such mistakes not be repeated. But it is also essential that we do not overreact to particular mistakes by tying the President's hands in a way that would risk sacrificing our security, and with it all our liberties.
I shall continue to meet my constitutional responsibility to protect the security of this Nation so that Americans may enjoy their freedom. But I shall and can do so by constitutional means, in ways that will not threaten that freedom.
As we look at Watergate in a longer perspective, we can see that its abuses resulted from the assumption by those involved that their cause placed them beyond the reach of those rules that apply to other persons and that hold a free society together.
That attitude can never be tolerated in our country. However, it did not suddenly develop in the year 1972. It became fashionable in the 1960's as individuals and groups increasingly asserted the tight to take the law into their own hands, insisting that their purposes represented a higher morality. Then their attitude was praised in the press and even from some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.
That same attitude brought a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.
The notion that the end justifies the means proved contagious. Thus, it is not surprising, even though it is deplorable, that some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system.
Those acts cannot be defended. Those who were guilty of abuses must be punished. But ultimately, the answer does not lie merely in the jailing of a few overzealous persons who mistakenly thought their cause justified their violations of the law.
Rather, it lies in a commitment by all of us to show a renewed respect for the mutual restraints that are the mark of a free and a civilized society. It requires that we learn once again to work together, if not united in all of our purposes, then at least united in respect for the system by which our conflicts are peacefully resolved and our liberties maintained.
If there are laws we disagree with, let us work to change them, but let us obey them until they are changed. If we have disagreements over Government policies, let us work those out in a decent and civilized way, within the law, and with respect for our differences.
We must recognize that one excess begets another, and that the extremes of violence and discord in the 1960's contributed to the extremes of Watergate.
Both are wrong. Both should be condemned. No individual, no group, and no political party has a comer on the market on morality in America.
If we learn the important lessons of Watergate, if we do what is necessary to prevent such abuses in the future—on both sides—we can emerge from this experience a better and a stronger nation.
Let me turn now to an issue that is important above all else and that is critically affecting your life today and will affect your life and your children's life in the years to come.
After 12 weeks and 2 million words of televised testimony, we have reached a point at which a continued, backward-looking obsession with Watergate is causing this Nation to neglect matters of far greater importance to all of the American people.
We must not stay so mired in Watergate that we fail to respond to challenges of surpassing importance to America and the world. We cannot let an obsession with the past destroy our hopes for the future.
Legislation vital to your health and well-being sits unattended on the Congressional calendar. Confidence at home and abroad in our economy, our currency, our foreign policy is being sapped by uncertainty. Critical negotiations are taking place on strategic weapons and on troop levels in Europe that can affect the security of this Nation and the peace of the world long after Watergate is forgotten. Vital events are taking place in Southeast Asia which could lead to a tragedy for the cause of peace.
These are matters that cannot wait. They cry out for action now, and either we, your elected representatives here in Washington, ought to get on with the jobs that need to be done for you—or every one of you ought to be demanding to know why.
The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our Nation.
Last November, the American people were given the clearest choice of this century. Your votes were a mandate, which I accepted, to complete the initiatives we began in my first term and to fulfill the promises I made for my second term.
This Administration was elected to control inflation; to reduce the power and size of Government; to cut the cost of Government so that you can cut the cost of living; to preserve and defend those fundamental values that have made America great; to keep the Nation's military strength second to none; to achieve peace with honor in Southeast Asia, and to bring home our prisoners of war; to build a new prosperity, without inflation and without war; to create a structure of peace in the world that would endure long after we are gone.
These are great goals, they are worthy of a great people, and I would not be true to your trust if I let myself be turned aside from achieving those goals.
If you share my belief in these goals— if you want the mandate you gave this Administration to be carried out—then I ask for your help to ensure that those who would exploit Watergate in order to keep us from doing what we were elected to do will not succeed.
I ask tonight for your understanding, so that as a nation we can learn the lessons of Watergate and gain from that experience.
I ask for your help in reaffirming our dedication to the principles of decency, honor, and respect for the institutions that have sustained our progress through these past two centuries.
And I ask for your support in getting on once again with meeting your problems, improving your life, building your future.
With your help, with God's help, we will achieve those great goals for America.
Thank you and good evening.
President Richard Nixon's Release of Watergate Tapes
April 29, 1974
Good evening:
I have asked for this time tonight in order to announce my answer to the House Judiciary Committee's subpoena for additional Watergate tapes, and to tell you something about the actions I shall be taking tomorrow—about what I hope they will mean to you and about the very difficult choices that were presented to me.
These actions will at last, once and for all, show that what I knew and what I did with regard to the Watergate break-in and coverup were just as I have described them to you from the very beginning.
I have spent many hours during the past few weeks thinking about what I would say to the American people if I were to reach the decision I shall announce tonight. And so, my words have not been lightly chosen; I can assure you they are deeply felt.
It was almost 2 years ago, in June 1972 that five men broke into the Democratic National Committee headquarters in Washington. It turned out that they were connected with my reelection committee, and the Watergate break-in became a major issue in the campaign.
The full resources of the FBI and the Justice Department were used to investigate the incident thoroughly. I instructed my staff and campaign aides to cooperate fully with the investigation. The FBI conducted nearly 1,500 interviews. For 9 months—until March 1973—I was assured by those charged with conducting and monitoring the investigations that no one in the White House was involved.
Nevertheless, for more than a year, there have been allegations and insinuations that I knew about the planning of the Watergate break-in and that I was involved in an extensive plot to cover it up. The House Judiciary Committee is now investigating these charges.
On March 6, I ordered all materials that I had previously furnished to the Special Prosecutor turned over to the committee. These included tape recordings of 19 Presidential conversations and more than 700 documents from private White House files.
On April 11, the Judiciary Committee issued a subpoena for 42 additional tapes of conversations which it contended were necessary for its investigation. I agreed to respond to that subpoena by tomorrow.
In these folders that you see over here on my left are more than 1,200 pages of transcripts of private conversations I participated in between September 15, 1972, and April 27 of 1973 with my principal aides and associates with regard to Watergate. They include all the relevant portions of all of the subpoenaed conversations that were recorded, that is, all portions that relate to the question of what I knew about Watergate or the coverup and what I did about it.
They also include transcripts of other conversations which were not subpoenaed, but which have a significant bearing on the question of Presidential actions with regard to Watergate. These will be delivered to the committee tomorrow.
In these transcripts, portions not relevant to my knowledge or actions with regard to Watergate are not included, but everything that is relevant is included—the rough as well as the smooth—the strategy sessions, the exploration of alternatives, the weighing of human and political costs.
As far as what the President personally knew and did with regard to Watergate and the coverup is concerned, these materials—together with those already made available—will tell it all.
I shall invite Chairman Rodino and the committee's ranking minority member, Congressman Hutchinson of Michigan, to come to the White House and listen to the actual, full tapes of these conversations, so that they can determine for themselves beyond question that the transcripts are accurate and that everything on the tapes relevant to my knowledge and my actions on Watergate is included. If there should be any disagreement over whether omitted material is relevant, I shall meet with them personally in an effort to settle the matter. I believe this arrangement is fair, and I think it is appropriate.
For many days now, I have spent many hours of my own time personally reviewing these materials and personally deciding questions of relevancy. I believe it is appropriate that the committee's review should also be made by its own senior elected officials, and not by staff employees.
The task of Chairman Rodino and Congressman Hutchinson will be made simpler than was mine by the fact that the work of preparing the transcripts has been completed. All they will need to do is to satisfy themselves of their authenticity and their completeness.
Ever since the existence of the White House taping system was first made known last summer, I have tried vigorously to guard the privacy of the tapes. I have been well aware that my effort to protect the confidentiality of Presidential conversations has heightened the sense of mystery about Watergate and, in fact, has caused increased suspicions of the President. Many people assume that the tapes must incriminate the President, or that otherwise, he would not insist on their privacy.
But the problem I confronted was this: Unless a President can protect the privacy of the advice he gets, he cannot get the advice he needs.
This principle is recognized in the constitutional doctrine of executive privilege, which has been defended and maintained by every President since Washington and which has been recognized by the courts, whenever tested, as inherent in the Presidency. I consider it to be my constitutional responsibility to defend this principle.
Three factors have now combined to persuade me that a major unprecedented exception to that principle is now necessary:
First, in the present circumstances, the House of Representatives must be able to reach an informed judgment about the President's role in Watergate.
Second, I am making a major exception to the principle of confidentiality because I believe such action is now necessary in order to restore the principle itself, by clearing the air of the central question that has brought such pressures upon it—and also to provide the evidence which will allow this matter to be brought to a prompt conclusion.
Third, in the context of the current impeachment climate, I believe all the American people, as well as their representatives in Congress, are entitled to have not only the facts but also the evidence that demonstrates those facts.
I want there to be no question remaining about the fact that the President has nothing to hide in this matter.
The impeachment of a President is a remedy of last resort; it is the most solemn act of our entire constitutional process. Now, regardless of whether or not it succeeded, the action of the House, in voting a formal accusation requiring trial by the Senate, would put the Nation through a wrenching ordeal it has endured only once in its lifetime, a century ago, and never since America has become a world power with global responsibilities.
The impact of such an ordeal would be felt throughout the world, and it would have its effect on the lives of all Americans for many years to come.
Because this is an issue that profoundly affects all the American people, in addition to turning over these transcripts to the House Judiciary Committee, I have directed that they should all be made public—all of these that you see here.
To complete the record, I shall also release to the public transcripts of all those portions of the tapes already turned over to the Special Prosecutor and to the committee that relate to Presidential actions or knowledge of the Watergate affair.
During the past year, the wildest accusations have been given banner headlines and ready credence as well. Rumor, gossip, innuendo, accounts from unnamed sources of what a prospective witness might testify to, have filled the morning newspapers and then are repeated on the evening newscasts day after day.
Time and again, a familiar pattern repeated itself. A charge would be reported the first day as what it was—just an allegation. But it would then be referred back to the next day and thereafter as if it were true.
The distinction between fact and speculation grew blurred. Eventually, all seeped into the public consciousness as a vague general impression of massive wrongdoing, implicating everybody, gaining credibility by its endless repetition.
The basic question at issue today is whether the President personally acted improperly in the Watergate matter. Month after month of rumor, insinuation, and charges by just one Watergate witness—John Dean—suggested that the President did act improperly.
This sparked the demands for an impeachment inquiry. This is the question that must be answered. And this is the question that will be answered by these transcripts that I have ordered published tomorrow.
These transcripts cover hour upon hour of discussions that I held with Mr. Haldeman, John Ehrlichman, John Dean, John Mitchell, former Attorney General Kleindienst, Assistant Attorney General Petersen, and others with regard to Watergate.
They were discussions in which I was probing to find out what had happened, who was responsible, what were the various degrees of responsibilities, what were the legal culpabilities, what were the political ramifications, and what actions were necessary and appropriate on the part of the President.
I realize that these transcripts will provide grist for many sensational stories in the press. Parts will seem to be contradictory with one another, and parts will be in conflict with some of the testimony given in the Senate Watergate committee hearings.
I have been reluctant to release these tapes, not just because they will embarrass me and those with whom I have talked— which they will—and not just because they will become the subject of speculation and even ridicule—which they will— and not just because certain parts of them will be seized upon by political and journalistic opponents—which they will.
I have been reluctant because, in these and in all the other conversations in this office, people have spoken their minds freely, never dreaming that specific sentences or even parts of sentences would be picked out as the subjects of national attention and controversy.
I have been reluctant because the principle of confidentiality is absolutely essential to the conduct of the Presidency. In reading the raw transcripts of these conversations, I believe it will be more readily apparent why that principle is essential and must be maintained in the future. These conversations are unusual in their subject matter, but the same kind of uninhibited discussion—and it is that—the same brutal candor is necessary in discussing how to bring warring factions to the peace table or how to move necessary legislation through the Congress.
Names are named in these transcripts. Therefore, it is important to remember that much that appears in them is no more than hearsay or speculation, exchanged as I was trying to find out what really had happened, while my principal aides were reporting to me on rumors and reports that they had beard, while we discussed the various, often conflicting stories that different persons were telling.
As the transcripts will demonstrate, my concerns during this period covered a wide range. The first and obvious one was to find out just exactly what had happened and who was involved.
A second concern was for the people who had been, or might become, involved in Watergate. Some were close advisers, valued friends, others whom I had trusted. And I was also concerned about the human impact on others, especially some of the young people and their families who had come to Washington to work in my Administration, whose lives might be suddenly ruined by something they had done in an excess of loyalty or in the mistaken belief that it would serve the interests of the President.
And then, I was quite frankly concerned about the political implications. This represented potentially a devastating blow to the Administration and to its programs, one which I knew would be exploited for all it was worth by hostile elements in the Congress as well as in the media. I wanted to do what was right, but I wanted to do it in a way that would cause the least unnecessary damage in a highly charged political atmosphere to the Administration.
And fourth, as a lawyer, I felt very strongly that I had to conduct myself in a way that would not prejudice the rights of potential defendants.
And fifth, I was striving to sort out a complex tangle, not only of facts but also questions of legal and moral responsibility. I wanted, above all, to be fair. I wanted to draw distinctions, where those were appropriate, between persons who were active and willing participants on the one hand, and on the other, those who might have gotten inadvertently caught up in the web and be technically indictable but morally innocent.
Despite the confusions and contradictions, what does come through clearly is this:
John Dean charged in sworn Senate testimony that I was "fully aware of the coverup" at the time of our first meeting on September 15, 1972. These transcripts show clearly that I first learned of it when Mr. Dean himself told me about it in this office on March 21—some 6 months later.
Incidentally, these transcripts—covering hours upon hours of conversations— should place in somewhat better perspective the controversy over the 18 1/2 minute gap in the tape of a conversation I had with Mr. Haldeman back in June of 1972.
Now, how it was caused is still a mystery to me and, I think, to many of the experts as well. But I am absolutely certain, however, of one thing: that it was not caused intentionally by my secretary, Rose Mary Woods, or any of my White House assistants. And certainly, if the theory were true that during those 18 1/2 minutes, Mr. Haldeman and I cooked up some sort of a Watergate coverup scheme, as so many have been quick to surmise, it hardly seems likely that in all of our subsequent conversations—many of them are here— which neither of us ever expected would see the light of day, there is nothing remotely indicating such a scheme; indeed, quite the contrary.
From the beginning, I have said that in many places on the tapes there were ambiguities—a statement and comments that different people with different perspectives might interpret in drastically different ways—but although the words may be ambiguous, though the discussions may have explored many alternatives, the record of my actions is totally clear now, and I still believe it was totally correct then….
I am confident that the American people will see these transcripts for what they are, fragmentary records from a time more than a year ago that now seems very distant, the records of a President and of a man suddenly being confronted and having to cope with information which, if true, would have the most far-reaching consequences, not only for his personal reputation but, more important, for his hopes, his plans, his goals for the people who had elected him as their leader.
If read with an open and a fair mind and read together with the record of the actions I took, these transcripts will show that what I have stated from the beginning to be the truth has been the truth: that I personally had no knowledge of the break-in before it occurred, that I had no knowledge of the coverup until I was informed of it by John Dean on March 21, that I never offered clemency for the defendants, and that after March 21, my actions were directed toward finding the facts and seeing that justice was done, fairly and according to the law.
The facts are there. The conversations are there. The record of actions is there.
To anyone who reads his way through this mass of materials I have provided, it will be totally, abundantly clear that as far as the President's role with regard to Watergate is concerned, the entire story is there.
As you will see, now that you also will have this mass of evidence I have provided, I have tried to cooperate with the House Judiciary Committee. And I repeat tonight the offer that I have made previously: to answer written interrogatories under oath and, if there are then issues still unresolved, to meet personally with the chairman of the committee and with Congressman Hutchinson to answer their questions under oath.
As the committee conducts its inquiry, I also consider it only essential and fair that my counsel, Mr. St. Clair, should be present to cross-examine witnesses and introduce evidence in an effort to establish the truth.
I am confident that for the overwhelming majority of those who study the evidence that I shall release tomorrow— those who are willing to look at it fully, fairly, and objectively—the evidence will be persuasive and, I hope, conclusive….
Every day absorbed by Watergate is a day lost from the work that must be done—by your President and by your Congress—work that must be done in dealing with the great problems that affect your prosperity, affect your security, that could affect your lives.
The materials I make public tomorrow will provide all the additional evidence needed to get Watergate behind us and to get it behind us now.
Never before in the history of the Presidency have records that are so private been made so public.
In giving you these records—blemishes and all—I am placing my trust in the basic fairness of the American people.
I know in my own heart that through the long, painful, and difficult process revealed in these transcripts, I was trying in that period to discover what was right and to do what was right.
I hope and I trust that when you have seen the evidence in its entirety, you will see the truth of that statement.
As for myself, I intend to go forward, to the best of my ability, with the work that you elected me to do. I shall do so in a spirit perhaps best summed up a century ago by another President when he was being subjected to unmerciful attack. Abraham Lincoln said:
I do the very best I know how—the very best I can; and I mean to keep doing so until the end. If the end brings me out all right, what is said against me won't amount to anything. If the end brings me out wrong, ten angels swearing I was right would make no difference.
Thank you and good evening.
UNITED STATES, Petitioner,
v.
Richard M. NIXON, President of the United States, et al.
Supreme Court of the United States
Argued July 8, 1974.
Decided July 24, 1974.
Syllabus
Following indictment alleging violation of federal statutes by certain staff members of the White House and political supporters of the President, the Special Prosecutor filed a motion under Fed.Rule Crim.Proc. 17(c) for a subpoena duces tecum for the production before trial of certain tapes and documents relating to precisely identified conversations and meetings between the President and others. The President, claiming executive privilege, filed a motion to quash the subpoena. The District Court, after treating the subpoenaed material as presumptively privileged, concluded that the Special Prosecutor had made a sufficient showing to rebut the presumption and that the requirements of Rule 17(c) had been satisfied. The court thereafter issued an order for an in camera examination of the subpoenaed material, having rejected the President's contentions (a) that the dispute between him and the Special Prosecutor was nonjusticiable as an 'intra-executive' conflict and (b) that the judiciary lacked authority to review the President's assertion of executive privilege. The court stayed its order pending appellate review, which the President then sought in the Court of Appeals. The Special Prosecutor then filed in this Court a petition for a writ of certiorari before judgment and the President filed a cross-petition for such a writ challenging the grand-jury action The Court granted both petitions. Held:
1. The District Courts order was appealable as a 'final' order under 28 U.S.C. s 1291, was therefore properly 'in' the Court of Appeals, 28 U.S.C. s 1254, when the petition for certiorari before judgment was filed in this Court, and is now properly before this Court for review. Although such an order is normally not final and subject to appeal, an exception is made in a 'limited class of cases where denial of immediate review would render impossible any review whatsoever of an individual's claims.' Such an exception is proper in the unique circumstances of this case where it would be inappropriate to subject the President to the procedure of securing review by resisting the order and inappropriate to require that the District Court proceed by a traditional contempt citation in order to provide appellate review.
2. The dispute between the Special Prosecutor and the President presents a justiciable controversy.
(a) The mere assertion of an 'intrabranch dispute,' without more, does not defeat federal jurisdiction.
(b) The Attorney General by regulation has conferred upon the Special Prosecutor unique tenure and authority to represent the United States and has given the Special Prosecutor explicit power to contest the invocation of executive privilege in seeking evidence deemed relevant to the performance of his specially delegated duties. While the regulation remains in effect, the Executive Branch is bound by it.
(c) The action of the Special Prosecutor within the scope of his express authority seeking specified evidence preliminarily determined to be relevant and admissible in the pending criminal case, and the President's assertion of privilege in opposition thereto, present issues 'of a type which are traditionally justiciable,' and the fact that both litigants are officers of the Executive Branch is not a bar to justiciability.
3. From this Court's examination of the material submitted by the Special Prosecutor in support of his motion for the subpoena, it is clear that the District Court's denial of the motion to quash comported with Rule 17(c) and that the Special Prosecutor has made a sufficient showing to justify a subpoena for production before trial.
4. Neither the doctrine of separation of powers nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute unqualified presidential privilege of immunity from judicial process under all circumstances. Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, the confidentiality of presidential communications is not significantly diminished by producing material for a criminal trial under the protected conditions of in camera inspection, and any absolute executive privilege under Art. II of the Constitution would plainly conflict with the function of the courts under the Constitution.
5. Although the courts will afford the utmost deference to presidential acts in the performance of an Art. II function, when a claim of presidential privilege as to materials subpoenaed for use in a criminal trial is based, as it is here, not on the ground that military or diplomatic secrets are implicated, but merely on the ground of a generalized interest in confidentiality, the President's generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial and the fundamental demands of due process of law in the fair administration of criminal justice..
6. On the basis of this Court's examination of the record, it cannot be concluded that the District Court erred in ordering in camera examination of the subpoenaed material, which shall now forthwith be transmitted to the District Court.
7. Since a President's communications encompass a vastly wider range of sensitive material than would be true of an ordinary individual, the public interest requires that presidential confidentiality be afforded the greatest protection consistent with the fair administration of justice, and the District Court has a heavy responsibility to ensure that material involving presidential conversations irrelevant to or inadmissible in the criminal prosecution be accorded the high degree of respect due a President and that such material be returned under seal to its lawful custodian. Until released to the Special Prosecutor no in camera material is to be released to anyone.
ARKANSAS GAZETTE
August 8, 1974
Representative Is "Out of Step," Clinton Charges
United States Representative John Paul Hammerschmidt of Harrison is wrong in opposing President Nixon's resignation and is wrong in questioning whether the president has committed an impeachable offense, Bill Clinton of Fayetteville, Hammerschmidt's opponent, said here Wednesday.
In the wake of the president's admission Monday that he had lied about his role in the Watergate coverup, Hammerschmidt said, "We need to do our duty as quickly as possible. We should have done it a year ago."
"I don't see how in the world he can say that when a year ago he was saying we should forget about it and he voted against giving funds for the House Judiciary Committee staff," Clinton said.
Hammerschmidt flatly opposed resignation.
"I think it's plain that the president should resign and spare the country the agony of this impeachment and removal proceeding," Clinton said. "I think the country could be spared a lot of agony and the government could worry about inflation and a lot of other problems if he'd go on and resign."
Hammerschmidt said after the president's revelations Monday he was not sure whether Mr. Nixon's actions legally were impeachable.
Clinton, a law professor at the University of Arkansas, said there was "no question that an admission of making false statements to government officials and interfering with the FBI and the CIA is an impeachable offense."
Hammerschmidt's statement "puts him out of step with all the Republicans on the Judiciary Committee who voted against impeachment" before the Monday revelations and now are "calling for resignation because of clear and direct evidence of an impeachable offense," Clinton said.
Clinton said he was campaigning hard across the Third Congressional District and was "pleased with the response I'm getting."
Although it's "hard to raise money in July and August for a November campaign, especially after the very expensive primaries," Clinton said, "so far I've made all my expenses and our planning is going along well."
President Ford's Pardon of Richard Nixon
Ladies and gentlemen:
I have come to a decision which I felt I should tell you and all of my fellow American citizens, as soon as I was certain in my own mind and in my own conscience that it is the right thing to do.
I have learned already in this office that the difficult decisions always come to this desk. I must admit that many of them do not look at all the same as the hypothetical questions that I have answered freely and perhaps too fast on previous occasions.
My customary policy is to try and get all the facts and to consider the opinions of my countrymen and to take counsel with my most valued friends. But these seldom agree, and in the end, the decision is mine. To procrastinate, to agonize, and to wait for a more favorable turn of events that may never come or more compelling external pressures that may as well be wrong as right, is itself a decision of sorts and a weak and potentially dangerous course for a President to follow.
I have promised to uphold the Constitution, to do what is right as God gives me to see the right, and to do the very best that I can for America.
I have asked your help and your prayers, not only when I became President but many times since. The Constitution is the supreme law of our land and it governs our actions as citizens. Only the laws of God, which govern our consciences, are superior to it.
As we are a nation under God, so I am sworn to uphold our laws with the help of God. And I have sought such guidance and searched my own conscience with special diligence to determine the right thing for me to do with respect to my predecessor in this place, Richard Nixon, and his loyal wife and family.
Theirs is an American tragedy in which we all have played a part. It could go on and on and on, or someone must write the end to it. I have concluded that only I can do that, and if I can, I must.
There are no historic or legal precedents to which I can turn in this matter, none that precisely fit the circumstances of a private citizen who has resigned the Presidency of the United States. But it is common knowledge that serious allegations and accusations hang like a sword over our former President's head, threatening his health as he tries to reshape his life, a great part of which was spent in the service of this country and by the mandate of its people.
After years of bitter controversy and divisive national debate, I have been advised, and I am compelled to conclude that many months and perhaps more years will have to pass before Richard Nixon could obtain a fair trial by jury in any jurisdiction of the United States under governing decisions of the Supreme Court.
I deeply believe in equal justice for all Americans, whatever their station or former station. The law, whether human or divine, is no respecter of persons; but the law is a respecter of reality.
The facts, as I see them, are that a former President of the United States, instead of enjoying equal treatment with any other citizen accused of violating the law, would be cruelly and excessively penalized either in preserving the presumption of his innocence or in obtaining a speedy determination of his guilt in order to repay a legal debt to society.
During this long period of delay and potential litigation, ugly passions would again be aroused. And our people would again be polarized in their opinions. And the credibility of our free institutions of government would again be challenged at home and abroad.
In the end, the courts might well hold that Richard Nixon had been denied due process, and the verdict of history would even more be inconclusive with respect to those charges arising out of the period of his Presidency, of which I am presently aware.
But it is not the ultimate fate of Richard Nixon that most concerns me, though surely it deeply troubles every decent:and every compassionate person. My concern is the immediate future of this great country.
In this, I dare not depend upon my personal sympathy as a long-time friend of the former President, nor my professional judgment as a lawyer, and I do not.
As President, my primary concern must always be the greatest good of all the people of the United States whose servant I am. As a man, my first consideration is to be true to my own convictions and my own conscience.
My conscience tells me clearly and certainly that I cannot prolong the bad dreams that continue to reopen a chapter that is closed. My conscience tells me that only I, as President, have the constitutional power to firmly shut and seal this book. My conscience tells me it is my duty, not merely to proclaim domestic tranquillity but to use every means that I have to insure it. I do believe that the buck stops here, that I cannot rely upon public opinion polls to tell me what is right. I do believe that right makes might and that if I am wrong, 10 angels swearing I was right would make no difference. 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.
Finally, I feel that Richard Nixon and his loved ones have suffered enough and will continue to suffer, no matter what I do, no matter what we, as a great and good nation, can do together to make his goal of peace come true.
"Now, therefore, I, Gerald R. Ford, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from July (January) 20, 1969 through August 9, 1974."
"In witness whereof, I have hereunto set my hand this eighth day of September, in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth."
Gerald Ford, Sept. 8, 1974
Nixon's Response
I have been informed that President Ford has granted me a full and absolute pardon for any charges which might be brought against me for actions taken during the time I was president of the United States.
In accepting this pardon, I hope that his compassionate act will contribute to lifting the burden of Watergate from our country.
Here in California, my perspective on Watergate is quite different than it was while I was embattled in the midst of the controversy, and while I was still subject to the unrelenting daily demands of the presidency itself.
Looking back on what is still in my mind a complex and confusing maze of events, decisions, pressures and personalities, one thing I can see clearly now is 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.
No words can describe the depths of my regret and pain at the anguish my mistakes over Watergate have caused the nation and the presidency -- a nation I so deeply love and an institution I so greatly respect.
I know many fair-minded people believe that my motivations and action in the Watergate affair were intentionally self-serving and illegal. I now understand how my own mistakes and misjudgments have contributed to that belief and seemed to support it. This burden is the heaviest one of all to bear.
That the way I tried to deal with Watergate was the wrong way is a burden I shall bear for every day of the life that is left to me.