The United States versus Richard M. Nixon

[J. J.]

This is a story that I started on another site, but I thought it was appropriate to post it here.

History will begin to diverge in 1974, but first I will start the set up, as there is a minor change in 1972.

Event Date: Febuary 23, 1972
Event Description:  During his historic trip to the People's Republic of China, President Richard M. Nixon sees a group of elderly people doing some sort of exercises.  He inquires about it and is told that it is called T'ai Chi Ch'uan.

Nixon is intrigued and upon returning to the US has his staff get information on it.

Event Date: March 27, 1972
Event Description:  After consulting with his personal physician, Dr. Lungren, Richard Nixon takes his first T'ai Chi lesson from at 29 year old former Army Lieutenant and Viet Nam veteran, David Jin.  Jin is the son of a Taiwanese immigrant and an American mother (of Scottish decent).  He also a student of William Chen, a martial arts master who is credited with bringing t'ai chi to the West (from Taiwan) in 1965.

The lessons continue roughly weekly.  This has no effect on the rest of history until the next entry.

[J. J.]

Event Date:  September 20, 1972

Event Description:

At a Press Conference, in response to a question, Ron Zigler, Press Secretary states, "The President stays in shape by practicing t'ia chi; that's a type of martial art."

In reponse to Press requests, the White House releaseds a photo of Nixon in the "crane position" on 9/22.  He is not wearing his suit jacket, but is wearing a tie.

That night, Johnny Carson jokes, "Richard Nixon already has a backup job in case he loses, stunt double for David Caradine on Kung Fu."

Herblock does a cartoon of it on 9/24, showing Nixon, in traditional martial arts close, one leg ready to kick McGovern.  The caption reads "Dick Fu ready to battle the Democrats."

The same day, several experts, including Jin, are quoted in an AP wirestory, explaining what t'ia chi is.  There is no more press on the subject.

Event Date:  November 7, 1972

Event Description:

Nixon is reelected in a landslide.  He gets slightly more votes (2,100) than he did.  They are from younger people, who this it's cool to practice t'ia chi.

There is no change in any elections other than this.

 

[J. J.]

Except there Nixon continues to practice t'ia chi nothing changes until this event.


Event Date: 8-8-1974
Event Description: In a nationally televised speech, President Richard Nixon vows to fight all Watergate charges, and finish his term as president.  His speech includes the statement, "I will continue perform the Constitutional duties of the presidency while defending myself from these charges."

There have been numerous calls from Republicans for Nixon's resignation, including a letter from RNC Chairman George H. W. Bush delivered the day before.

Event Date: 8-12-1974
Event Description: The US House by an overwhelming majority (526-9) adopts the articles of impeachment against President Nixon.

Event Date: 8-17-1974
Event Description: Polling numbers indicate that there is slight drop in those favoring Nixon's conviction, 68% in favor 25% and 7% undecided.


The argument that "This does not rise to a level of misconduct that warrants impeachment," is being made by the right wing.  A few people are saying that the stain on Nixon's reputation is strong enough punishment.

Event Date: 8-22-1974
Event Description: Nixon gives sworn deposition for the impeachment trail. Included in the deposition is this statement:

"When John [Haldermann] to me about the operation [the Liddy group activites], I was stunned. These were colleagues, loyal supports, people with careers and families. What they did was wrong, but they did it out of misguided loyalty to me. I wanted them protected, I felt that I owed it to them. That is a price I will have to pay."


Event Date: 8-23-1974
Event Description:  The White House announces that George H. W. Bush will named as the Special Envoy to the People's Republic of China.  Zigler notes that this is part of the "constitutional duties," that Nixon pledged to continue.


Edit:  Former Governor of Pennsylvania William Scranton replaces Bush as GOP Chairman.  He was a classmate at Yale of Vice President Ford.

[J. J.]

Event Date: 8-31-1974
Event Description: At the University of Texas Law School, Federal Appeals Court Judge Griffin Bell speaks at a symposium. One question deals with a president violating criminal statutes.
Bell responds, "In the American judicial system, no one is above the law. There is no constitutional bar for a sitting president to be tried in court of law." His comment is carried in the September 2 student newspaper and picked up by the wire services on September 3.
Bell is a Democrat who was a co-chair of the Kennedy campaign in 1960. This remark, coming from a Democratic jurist, opens a floodgate of speculation about a criminal trial.
 
Event Date: 9-8-1974
Event Description:  Nixon's transcript is released to the public. 

Event Date: 9-15-1974
Event Description:
In a conference with Nixon, Senators Scott and Goldwater, requested by them, they report that Nixon could count on 15 votes against conviction, "no matter what." They also report that ANOTHER 19 votes, all Republican, will vote against impeachment if there is not, "a proper criminal trial" prior to the vote. While not committed, they also report that there are possibly "several" Democratic senators, and possibly one other Republican, that will take the same position.

Event Date: 9-16-1974
Event Description: It is announced that the trial will begin on November 12, 1974.
Reporting is that a number of Senators and the House managers will need time to campaign. It will also give everybody time to prepare.

Bush confirmed as envoy to China, after a brief hearing.

[J. J.]

Event Date: 9-19-1974
Event Description: Gallop Poll results:
54% favor a criminal trial of President Nixon, in a court of law, prior to Impeachment. 42% favor impeachment first. 4% undecided.
A second question, "Should President Nixon be removed from office, by the Senate, if convicted in a criminal trial?" 34% answer, "no."
Support is somewhat regional; the South is strongly for a trial first and a bare minority favor him staying, no matter what.

More mainstream newspapers come out in favor of a trial, including the Wall Street Journal, and the Philadelphia Inquirer.

Event Date: 9-23-1974
Event Description: Three US Senators call an early morning press conference. They are Democrats Stennis and Eastland of Mississippi and Republican Brooke of Massachusetts; the latter is the only Black member of the Senate at the time.
The issue the "September Manifesto." It states, in part: "The President of the United States, is both the "First Citizen of the United States," and a Citizen of the United States. He should not be removed from office unless first convicted in a court of law."
Stennis and Eastland, with the White population supporting Nixon, wished to appeal to the very large Black population (about 30%), which is registering to vote in larger numbers, due to the voting rights act, by siding with Brooke. Brooke wants to look like an independent consensus builder and "deregionalize" the trial. None of these men take a stand on the guilt or innocence of Nixon. It electrifies the country.

Brooke was the "possible" Republican.

Event Date: 9-24-1974
Event Description: Senator Allen of Alabama signs on to the "September Manifesto." Senator Brooke emerges as the leader of the "middle group," or the "September Group."
All Republican Senators either oppose Nixon's removal outright or support the September Group.

Event Date: 9-27-1974
Event Description: The exceptionally well respected Senator Fulbright (D, Arkansas) joins the "September Group," after a long dinner with Senators Brooke and Stennis the night before.
It becomes clear that there will not be the votes to remove Nixon, unless he is first convicted in a criminal trial.

[J. J.]

Event Date: 9-28-1974
Event Description: Senator Brooke, in a press conference, is asked, by a Boston Herald reporter how his position now relates to Massachusetts' other senator, Kennedy, and his removal from the Democratic Party leadership after Chappaquiddick.
Brooke responds: "I will not comment on if Senator Kennedy should have been removed as [Democratic] whip. The conduct of the Democratic Senate conference certainly didn't, and doesn't, need the advice of a Republican to conduct it's own business.
I will point out that Senator Kennedy was not removed until his case had been ajudicated before a court of law."

Event Date: 10-1-1974
Event Description: In a stunning move, Senator Kennedy, younger brother of the President John F. Kennedy, joins the September Group. In a blunt statement, Kennedy says:
"When I committed an act, found to be in violation of the law, I remained in my leadership position until the court spoke in judgment, Richard Nixon should be given the same chance."
Also, Time runs the cover photo of Brooke, Stennis, and Eastland, with the title "The Statesmen."

Event Date: 10-2-1974
Event Description: Senators Harry Byrd (D-VA) and Buckley (Conservative -NY) join the September group; Buckley does so privately and this is not reported to the press.
48 US Senators now publicly state that they will not vote to remove the President unless he is convicted in a criminal court; more than 34 will block impeachment.
Nixon has been silent on the trial, letting it play out.


The Boston Herald and the New York Times come out in favor of a trial first.

[J. J.]

Okay, how is this reading so far?

[J. J.]

Event Date: 10-3-1974
Event Description: Several things happen this day. At 8:00 AM, the White House releases a statement that Nixon will be willing to go on trial in a criminal court.

A Gallop Poll, partly taken just before Senator Kennedy's announcement (and before the White House statement), is released. 60% oppose removal of Nixon unless there is a criminal trial first. A follow up question, "Should Mr. Nixon be removed from office, by the Senate, if convicted in a criminal trial," gets 58% yes, 30% no, 12% undecided. A question, "What is your opinion of Senator Edward Brooke," gets a 62% favorable, 18% unfavorable, and 20% "don't know."

Sen. Robert Byrd (D-WV), Majority Whip, states in a press conference, "It is the Senate's constitutional duty to proceed with the trial."


Event Date: 10-4-1974
Event Description: A "leadership conference" is held in the office of Senate Majority Leader Mansfield. Present are Sen. Mansfield, Sen. Robert Byrd, Sen. Ervin (D-GA), chairman of the Senate Investigating Committee, House Majority Leader O'Neill (D-MA), and House Judiciary Committee (HJC) Chairman Rep. Rodino (D-NJ).
They all agree that a criminal trial is unnecessary and that the impeachment trial by the Senate should continue. They also agree that members of the HJC should openly support the continuation of the process

Event Date: 10-7-1974
Event Description: At 9:30 AM (EDT) House Judiciary Committee (HJC) Chairman Rep. Rodino (D-NJ), along with committee members Rep. Rangel (D-NY) and Rep. Jordan (D-TX), hold a press conference expressing their outrage at the idea of a criminal trial first. Rangel, echoing Sen. Byrd, states, "It is the duty of the Senate to try and convict Nixon." His comment is regarded as "shrill," in the words of the NY Times the next day.

Republican HJC member, Rep. Fish (NY), who voted for impeachment, issues a statement at noon, indicating that he would support a criminal trial first.
In a move that is considered stunning, HJC member Sarbanes (D-MD), reached for comment at 1:30 PM, "Under our Constitution, it is up to the Senate to proceed. I don't support a criminal trial first, but I don't have a vote in the Senate."

Event Date: 10-8-1974
Event Description: Sen. Buckley, emboldened by fellow New Yorker Fish's statement, publically states his support of the "September Group."
Most commentators state that this is because of Rep. Rangel's statement, seen as a challenge to the Senate.
HJC member Rep. Railsback (R-Ill.), who voted for impeachment in the HJC and on the floor calls for a delay in removal process until a trial.
House Majority Leader O'Neill, in a press conference, a quote (which he slightly misquotes) from then Congressman Gerald R. Ford, that, "An impeachable offense is whatever the House of Representatives says it is."
A Washington Star reporter then asks, "Is a convict able offense what ever the Senate says it is, even if they say it isn't unless there is a criminal trial?"
A flustered O'Neil manages to stammer out a few sentences, ending with, "The Senate has the duty to adopt what is sent to them."

Event Date: 10-9-1974
Event Description: HJC member Rep. Flowers (D-AL), after having received a lot of pressure from both his constituents and Sen. Allen, announces that he would encourage any Senator to vote to delay the Senate trial of the impeachment until after a criminal trial. Rep. Flowers was one of the conservative Southern Democrats that had voted for impeachment.
Sen. Mansfield, speaking to the press, states, "I want to assure my colleagues, and the American people, that the impeachment trial will continue on schedule."

Even the Washington Post runs an editorial stating, "The Senate must use its collective judgment and the Senate has, in Mr. O'Neil words, no "duty to adopt."

[Ben Meyers]

Very interesting, JJ.

[J. J.]

Event Date: 10-13-1974
Event Description: The Sunday New York Times runs an editorial titled, "A Political Show Trial?" It is a fairly anti-Nixon paper, but still asks if Nixon should be removal prior to a criminal trial. It further cites evidence, including obstruction of justice, and "abuse of powers of the Presidency" to make the case that a criminal conviction is very likely.
It concludes with, "President Nixon should be removed from office, but Citizen Nixon deserves, and is entitled to, a criminal trial. Mr. Nixon's criminal trial should come first."

Event Date: 10-14-1974
Event Description: Gallop Poll: 65% oppose Nixon's removal unless there is a trial. 43% oppose his removal even if found guilty in a criminal trial.
One question is, "Do you agree with the following statement:
Congress's attempt to remove Richard M. Nixon from the presidency is all politically motivated:
Strongly Agree: 33% Somewhat Agree: 37% Somewhat Disagree: 15% Strongly Disagree: 9% Don't Know: 6%
Sen. Mansfield calls a leadership meeting for the next day at 9:00 AM
 
Event Date: 10-15-1974
Event Description: The same group that met on 10-4-74 meets again. Sen. Mansfield states that this has become the "Democrats versus Nixon, and the country is on Nixon's side." He suggests the possibility of delaying the trial until after the 94th Congress is seated.
Both Byrd and Rodino are outraged. Recriminations about the conduct of HJC members speaking against the trial fly. Rodino and Byrd almost come to blows arguing about the conduct of HJC member Rangel.
O'Neill manages to calm both down and supports Mansfield. He does ask, "The question is how?"
Mansfield agrees to discuss the matter with the Senate parliamentarian, Dr. Riddick. The Democratic leadership will support a delay until the next session (in 1975).
In the afternoon, Senator Mansfield meets with Dr. Riddick and his assistent, Dr. Dove. As per Riddick's previous statements on the trial, Mansfield asked if the trial may be adjourned until the next session. Riddick advises him that it is in order and that it can be continued into the next session.
Mansfield asks Riddick if he delay his retirement (scheduled to take place at the current session until) the trial is finished; Riddick agrees.

Event Date: 10-16-1974
Event Description: Mansfield and Brooke meet for lunch, at Mansfield's request. Mansfield explains the adjournment.

Brooke indicates that he cannot speak for the entire "September Group," but will personally support it. He asks Mansfield to hold off until the afternoon of the 18th prior to making a public announcement.

Later that day,  Brooke approaches Sen Scott (R-PA) the minority leader. They discuss the Mansfield plan, over dinner. Scott offers his support.

[J. J.]

Event Date: 10-17-1974
Event Description: Senators Bayh (D-IN), Church (D-ID), and Bentson (D-TX) hold a press conference opposing the criminal trial; they don't know about the Brooke-Mansfield meeting. Bentson, planning to run for president in 1976, is particularly stringent. He says, "I will not vote to stop the trial until there is a conviction." His phrasing gives the impression that he will vote continue attempts to remove Nixon even if he is aquitted by the Senate.
 

Event Date: 10-18-1974
Event Description: Senators Brooke and Scott meet with Mansfield and agree to support the "adjournment" of the trial on November 12. It will be a pro forma session.

Event Date: 10-19-1974
Event Description: Flanked by Senators Ervin and Byrd (who is opposed but will support the decision in the name of party unity), Majority Leader Mansfield announce that the trial will be adjourned almost at the minute it starts. "There will be no trial until there is a criminal conviction.  If there is a criminal conviction, the Senate will continue." This is known as the "Saturday Morning Surrender."

Event Date: 11-5-1974
Event Description:

Election Day:
Republicans gain one seat in the US Senate when Lugar defeats Bayh (IN) by 35,000. Republicans gain 5 seats in the US House. With a total of 197 GOP House members, this is the most Republicans elected since 1958. Neither House switches control.

This result shakes the Democratic leadership in both the House and Senate. Mansfield, et al., had expected gains. This is especially true because in "off year" election, the party that controls the White House usually loses seats in Congress.

Event Date: 11-8-1974
Event Description: Special Prosecutor Leon Jaworski announces that he will file a criminal case against President Nixon.

Event Date: 11-10-1974
Event Description: New York Times releases a poll on Nixon.
Approval/Disapproval at 36%/55% with 9% undecided.
On the question if there should be a criminal trial prior to any removal, 72% answer yes, 19% answer no, 9% don't know.
37% oppose removal even if Nixon is convicted in a criminal trial.

[J. J.]

Event Date: 11-12-1974, 9:00 AM (EST)
Event Description: The Senate "pro forma" session is called to order at 9:00 AM (EST). As promised, Majority Leader Mansfield offers the motion to adjourn the trial until the case is adjudicated in criminal court.
Led by Senators Bayh, Church and Bentson, there is objection to the motion. The chair, Vice President Ford, on the advice of the parliamentarian, Riddick, rules that the motion is undebatable. Bentson, in a rare move, appeals the decision of the chair.
Mansfield is taken totally off guard; Sen. Robert Byrd supports them and knew this was going to happen. This is actually directed against Mansfield's leadership; Bayh, in particular, feels that Mansfield's "back room" maneuvering cost him his seat. The Republican senators, along with 15 Democrats, vote to overrule the chair.

Debate on the motion becomes nasty, by Senate standards, but in order. Byrd, Bayh, and especially Bentson, constantly speak about the "constitutional duty of the United States Senate." Brooke responds by with, "removal without a criminal trial is a virtual legislative lynching of the President." Debate ends at 1:45 PM and the question is put. The trial is adjourned until there is "a criminal conviction of Richard M. Nixon." The motion is adopted by a vote of 67 to 19, the remainder are absent.

Same Day  7:35 PM. EST

While dining in the family in the White House living quarters, Nixon has a spasm in pain in his left leg. It is debilitating enough that he cannot walk without assistance. It is caused by his phlebitis, a reoccuring problem. The White House doctor is summoned and recommends immediate hospitalization and suggests that surgery might be necessary. Nixon stubbornly declined, even at Pat Nixon's urging. He does yield to her to request to bring his own doctor from California, Dr. Lungren, that has served Nixon for more than 20 years. Lungren leaves on a military flight at 10:15 PM EST.

[J. J.]

Note:  November 13, 1974 becomes known as "The longest day of the Nixon Presidency.  All event's here will be listed by times.

2:45 AM:  Dr. Lungren arrives, and immediately goes to the White House.
Mrs. Nixon is still awake, though Nixon has retired for the evening; so is the White House physician. She explains that her husband has had increasing pain, though the attack last night was the worst; the physician, a Navy Captain, also explains.
Dr. Lungren, well aware of the strain Mr. Nixon is under, and the condition of his veins, concur es; Nixon needs rest and hospitalization. He knows his patient, however, and knows that only Mrs. Nixon can, effective, nag him into doing it. They both will work on him in the morning.

6:15 AM:  Mrs. Nixon calls Chief of Staff Alexander Haig and asks to speak with him at 8:00 AM, regarding the condition of the president.

7:45 AM:  Dr. Lungren begins his examination of Nixon.

8:00 AM:  Mrs. Nixon meets with Haig and discusses Nixon's health situation. Haig, an Army General is very worried about an incapacitated President. He suggest White House counsel (and former Nixon law partner) Leonard Garment be brought in, as Haig admits not to being an expert on the US Constitution or presidential succession laws. He summons Garment.
Garment notes that the Constitution permits the President to turn executive authority over to the Vice President if he is unable to discharge the duties of his office, as per the 25nd Amendment.

Nixon does not do T'ai Chi that day

9:45 AM:  Lungren completes his examination. Mrs. Nixon is there by that time. The doctor concurs that Nixon should be hospitalized for rest. Nixon still refuses. Lungren notes that "there could be a blood clot that might be fatal, if not treated."


10:37 AM:  Pat Nixon, exceptionally worried about her husband's health, speaks with Lungren, Garment, and Haig in Haig's office. She says, "Maybe if we all try."

[Edit]
11:00 AM:  Jaworksi files the charges.
[/Edit]

11:30 AM:  The First Lady, Dr. Lungren, Counsel Garment, and Gen. Haig go to Nixon's office in the Executive Office Building. They all make an argument for Nixon's hospitalization and a temporary transfer of power to the Vice President. Haig's argument is that national security would be endangered if Nixon should become incapacitated.

Nixon smiles slightly and says, "This looks like a palace coup." He laughs at the shocked look on their faces. "I know that you are ALL doing this because you care about me," he say, reassuringly. "I'm not a quitter. Al, you have raised a very good point. Leonard, can you draft it as a contingency document?"
The four are disappointed, but its clear that this is all they are going to get at this time.
Garment drafts the documents and has them on Nixon's desk in the Oval Office when Nixon returns there for lunch. The document will become effective if Nixon is comatose, but if alert and able to sign, he will have to sign letters to the Speaker of the House and President Pro Tem of the Senate.

12:15 PM:  Nixon, at lunch signs the documents and places them in his desk. He calls Haig and tells them where they are. In the call, he asks Haig to tell Ford. Haig offers to call through immediately to the Vice President, who is addressing a state convention of the American Legion in Pennsylvania.

(Dialogue of the conversation)

Nixon: When will Jerry be back?
Haig: He's scheduled to be back at three this afternoon, sir. These trips usually run late.
Nixon: I think we can wait a few hours, don't you?
Haig: Yes, ... I think we can.
Nixon: Al, call his chief of staff and ask him to call me when he gets back in. I'll be in a meeting with, Len, Pat and that guy Stein. I want to speak to the nation, to prepare them to the trial. I am not a quitter.

1:31 PM:   The meeting to draft a speech relating to the trial begins with Nixon, Garment (for legal advice), and speechwriters Patrick J. Buchannan and Benjamin Stein (also providing legal advice).

In discussing the previous day's Senate proceedings, they refer to the group aligning itself with Senators Byrd, Bayh, and Bentson, as "the B's."
Nixon is active and seems invigorated until about a quarter after three; his left leg begins giving him trouble, but he continues.

3:44 PM:  Nixon slumps in a spasm of pain and begins to have trouble breathing. The Secret Service agent calls for the doctors including Lungren, an ambulance, Haig and Mrs. Nixon. As they are working on him, Buchannan, Garment and Stein go to the outer office.

A blood clot has broken away and lodged in Nixon's lung. Dr. Lungren orders him to the hospital immediately, Walter Reed Army Hospital. Nixon is still conscious. As he's being wheeled out, he looks at Garment and says, "Get the letters." Garment runs to the desk and gets them, with a pen, and gives them to Nixon, who promptly signs them. Nixon is then wheeled away.

Garment turns to Haig and says, "Stay here, and get the Vice President." He accompanies a badly shaken Pat Nixon to Walter Reed.

An announcement is made to the press that the president has collapsed and is being taken to the hospital and a statement will be made later.

Reporters catch sight of a tearful Stein and a very distraught Buchannan, that followed Nixon out of the White House. Both men assume Nixon has had a heart attack.  Stein can't talk, but Buchannan explodes, on live television. "It those dirty Democrats in Congress. They want him out and they're willing to hound him to death to get him out. This is a lynching of the President! I hope those B's in the Senate are happy!" The "B's" he is referring to are Senators Byrd, Bayh, and Bentson (and the group aligned with them), but the public assumes Buchannan means "those 'bastards' in the Senate," the group putting Nixon through this.

An eagle-eyed ABC camera man looks into the crowd of "permanent" protesters against Nixon across the street. One has an effigy being hung with a Nixon mask on it. He focuses in. NBC and CBS camera men look at what he is aiming at also focus on, cut away from the sobbing Stein, now slumped against an out White House wall, to the protester, a Caucasian man of about 24, with long blond hair and a beard; he seems to be smirking.

These images go out live and are seen on the 6:30 PM network news broadcasts.

4:38 PM:  Surgery begins.

4:45 PM:  Vice President Ford comes to the White House after being informed of Nixon's condition and that he is NOW Acting President.

At 5:28 PM, the Speaker of the House and President Pro Tem of the Senate are informed that, under the 25 Amendment, Ford is acting president.

11:45 PM. Dr. Lungren finishes his surgery on Nixon. The surgery is a success, but the recovery could be very long.

[J. J.]

Event Date: 11-15-1974
Event Description: 9:15 AM Nixon running a fever of 100.9 F.

8:47 PM DC police respond to reports of an assault near Lafayette Park. The first car that arrives sees a group of about 15 men and women; at least one man is wearing a suit under a raincoat.

They find a woman, bleeding from the lip, screaming and crying, kneeling over a man of about 24 with long hair and a beard; his hair color cannot be determined because of all the blood and the poor lighting conditions. The woman, about 21, is dressed in "hippie style," with long red hair. She keeps saying, "They said the saw Charlie on TV. They wanted to lynch him." The police summon an ambulance and take both to George Washington Hospital.

The assault victim's names are Charles A. "Chuck" Ritter, a Vietnam veteran with a Bronze Star, Soldier's Medal and Combat Infantry Badge, and Stacy Rourke, his girlfriend. Rourke explains that Ritter was the protester seen on television on the 13th.

10:10 PM:  Rourke, calmer, and having received medical treatment gives the police a statement, of which this is part:

"We were just walking. A man about, Chuck's age, longish brown hair and a mustache, saw him and asked if he was the protester that was on TV. When he said yes the guy just started cussing him out, saying how Chuck was responsible for Nixon being sick. Chuck tried to walk away, but there was a crowd forming. Chuck said, 'Nixon deserved it.' They just swarmed us; I got a sock in the mouth and went down. Chuck tried to defend me, and himself but they just swarmed us; it was just people off the street. One of them yelled, 'Lynch the hippie Commie!' If they had a rope, I think they would have. They were just regular people!"

Ritter is comatose until the next day, but recovered and was released from the hospital on November 24; Rourke was treated and released.

No suspect was ever arrested.

Event Date: 11-16-1974
Event Description: Nixon develops pneumonia.

Event Date: 11-18-1974
Event Description: It becomes clear to Dr. Lungren and the other physicians treating Nixon that he is severely depressed and will need treatment for it after he recovers from his current illness. Nixon was expected to recover from the phlebitis in 4-6 weeks, but they now change the estimate to 8-12 weeks, exclusive of treatment for depression.

The Nixon family, Garment, and Ford are informed.

Event Date:  11-19-1974

Event Description:  Dr. Lungren briefs the press, excluding the depression diagnosis, but says "I will be a matter of months, not weeks, until the President can return to active duty. He will be back, but it will be well after the first of the year." The other doctors concur, publicly.

Gallup Poll is released that day.   Several questions relating to "no Senate trial until a criminal trial" continue to show that the public favors a criminal trial before any Senate action. Likewise, 82% favor delaying the criminal trial until Nixon recovers.

A question, "Should Mr. Nixon be removed if convicted in a criminal trial," gets 45% yes and 43% no. Political commentators note that many people think that Nixon has suffered enough.

Event Date: 11-22-1974
Event Description: Nixon is indited on 28 counts, including conspiracy, burglary, wiretapping, "suppressing freedom of speech," obstruction of justice, 13 counts of bribery relating to campaign contributions, defrauding the government, and one count of tax evasion.

One count get a lot of public comment, especially by comics:

"21. Bribery, Fraud. Solicited and obtained for the reelection campaign of President Nixon, in June, July and August, 1972, from Ray A. Kroc, Chairman of the Board of McDonald's, Inc., contributions of $200,000, in exchange for permission from the Price Commission, first denied on May 21, 1972, then granted on September 8, 1972, to raise the price of the McDonald's quarter pounder cheeseburger, in violation of article II, section 4 of the Constitution and Section 201, 372, 872 and 1505 of the Criminal Code."

A young, politically active, law teacher at the University of Arkansas, who had worked for the McGovern campaign in 1972, said, "I didn't vote for Nixon, and I love Quarter Pounders, but this is just plain ridiculous. This isn't the basis for a constitutional crisis." Mr. William J. Clinton's remarks are included with a number of others in an AP wire story on reaction to the charges.

Garment will represent Nixon, with a young Stein in second chair.  Jaworski will prosecute.

[J. J.]

How is this reading so far?

[Max Power]

How is this reading so far?

Great!! I love it!!

[J. J.]

Event Date: 11-23-1974
Event Description: HJC Chairman Rodino, meets with Jaworski and strongly urges that three more charges of obstruction of justice relating to Nixon's failure to obey the House subpoenas to turn over the tapes were returned. Jaworski initially opposed the move, as Nixon complied after the Supreme Court ordered it, but Rodino thinks it is both a criminal and an impeachable offense.  Rodino wins.

Event Date: 11-25-1974
Event Description:  Jaworski persuades the grand jury to indict on these three additional charges.

At the White House, Haig speaks with the Ford.  Haig wishes to return to the military (and become Supreme Commander of NATO).  He has wanted to leave from what was suppose to be a temporary assignment.  He also feels that the president, even an acting one, should choose his one personnel.  Ford agrees, and finally understands that for all practical reasons, he is  now the President of the United States.

Event Date 12-2-1974
Event Description: Hearing on the charges.  Garment enters a plea of not guilty to all charges for Nixon and immediately moves to have these three dropped, on the ground that Nixon complied as soon as appeals were exhausted. The judge agrees and Jaworski will not appeal.

There is much speculation in the press over the week that the criminal case is weak.

Ford announces that Haig will be leaving and be appointed as SACEUR.  He names his new chief of staff, Richard B. Cheney.

Event Date: 12-9-1974
Event Description: Garment asks for a hearing on the on the bribery, defrauding the government, and tax evasion charges. He stuns the judge and the public by requesting that the IRS perform an audit on Nixon's fax returns for the year 1969-73. He also asks for a hearing on the freedom of speech abridgment articles.

The judge agrees.   A hearing will be set just before Christmas.

Nixon's pneumonia clears, though he's very weak and only move with great difficulty.  There is still the possibility of clotting and he is very depressed.

Dr. Lungren consults with Jin about the use of T'ai Chi.  The next day, they begin a light regiment of T'ai Chi.

[J. J.]

Event Date:  12-10-1974
Event Description:  Gallup shows that Ford has a 45% job approval rating, largely do to economic issues.

Event Date:  12-11-1974
Event Description:  Ford, through Garment, discusses filling the longstanding vacancy at the Department of Transportation.

Nixon:  Jerry's beginning to have some problems?
Garment:  Er, yes, Vi.., ah, Acting President Ford is.  It's a hard position to be in.
Nixon:  Tell him, when he's in command to command.  I can't run the county from a hospital room.

Event Date: 12-12-1974
Event Description: After serious disagreement with Ford and Kissinger on policy, Defense Secretary James Schlesinger resigns.

Event Date: 12-13-1974
Event Description:  Ford names Donald Rumsfeld to replace him.  He also names    Claude Brinegar to fill the vacancy in the Department of Transportation.  Ford had consulted with Nixon, through Garment, for this second posting, but not the first.

Nixon, however, gives his blessings.  Garment quotes Nixon's "when he's in command to command" quote when contacted by the press.

Event Date: 12-16-1974
Event Description:  Garment has several senior investigators of the IRS testify, along with three CPA's and a respected tax lawyer. All testify that, while large, the deductions were legitimate and that Nixon could have claimed an additional $127 deduction on his 1970 return. This charge is withdrawn by Jaworski.

Garment then moves onto to the defrauding charges. These charges related to government funds used on Nixon's private homes in Key Biscayne and San Clemente. Several career secret service agents testified to the security needs of these changes. One retired agent testified to a standard policy of modifying the President Eisenhower's Gettysburg residence in a similar manner as did a current agent in regard to President Johnson's private ranch. Jaworki withdraws these charges.

Event Date: 12-17-1974
Event Description: Secretary of Labor Brennan resigns.  Ford nominates John T. Dunlop to replace him.  Edit:  Also resigning is Ron Zigler, the Press Secretary; Ron Nessen is his replacement.

Event Date: 12-23-1974
Event Description: The judge rules that, at best, suppression of freedom of speech is a civil matter, and that audits do not constitute anything unusual for the IRS. He notes that, "a private citizen could have informed the IRS and that such action is not an abuse of power of the presidency." It is dismissed (appeal denied in Jan. 75).

This becomes known as "Nixon's Christmas Present." Nixon, still severely depressed, is recovering from the phlebitis.

[J. J.]

Event Date: 1-1-1975
Event Description: Former attorney general John Mitchell and White House aides Bob Haldeman and John Ehrlichman, convicted on all counts. Each claimed that Nixon had no prior knowledge of the break-ins or the attempts to raise "hush money."
Nixon's phlebitis improves to the point where he can walk comfortably, for short distances. He is still severely depressed.

Event Date: 1-8-1975
Event Description: Pre-trial depositions of the principles, excluding Nixon, begins. Called in are corporate executives that alledgedly paid bribes for favors, along with Mitchell, Haldeman, Ehrlichman, Dean and Liddy. The depositions will take weeks, except for Liddy, who refuses to be sworn.

Event Date: 1-16-1975
Event Description: Dean, Magruder, and Colson are deposed first. Their testimony is identical to their prior court testimony. None, however, could state that Nixon was aware of the corporate bribes. None could testify that Nixon knew about the break-in or approved it before the fact.

In China, Bush begins writing a book contrasting the Communism with Capitalism.

Event Date: 1-20-1975
Event Description: Mitchell pleads the Fifth. Over the next two days, Haldeman and Ehrlichman do the same.

Event Date: 1-20-1975
Event Description: Ford delivers his State of the Union address, stating that the state of the Union is "unsound." Aside from the economic problems and what is perceived a "weakening America" around the world, he cites:
"Our political system has produced a situation where the President of the United States has been hounded nearly to death for questionable political causes. It is a caustic example of politics over not only the national interest but over the life of an elected leader. This national nightmare must stop." He pounded the podium (once) for emphasis.

Republicans cheered while a few Democrats booed. Senators Church and Bentson walked out.

Event Date: 1-23-1975
Event Description: Gallup Poll: Ford's approval rating jumps to 56%. Jaworski starts deposing the corporate executives.

[Max Power]

Sounds good!

[J. J.]

Event Date: 1-31-1975
Event Description: Nixon's depression begins to lift. He is able to walk, but with a cane.  The T'ai Chi has pr oven to be excellent therapy.

 Dr. Lungren suggests that he could return to work in about a month to six weeks. 

Event Date: 2-5-1975
Event Description: Nixon summons Garment to Walter Reed; also present is Dr. Lungren. Nixon pointedly asks Garment if, in his opinion, the 25th amendment would only apply for health reasons. Could Ford remain on as Acting President while the trial is going on, and during possible trial by the Senate?
Garment tentatively says he thinks that the amendment would apply, and thinks that Ford can stay on as Acting President. "I'd like to check with the Attorney General and some constitutional scholars, Mr. President," Garment said, "before I'd give a definitive answer."

"You also better ask Jerry," Nixon says.

Dr. Lungren explains that, while the Nixon has been depressed, and while that does effect his ability to function as president, it has had a negative impact on his health. It is being treated by medication, but is likely to clear.

Event Date: 2-7-1975
Event Description: Garment speaks to Ford, who is receptive to the idea. It has been exceptionally hard for Ford, as he has been reluctant to remove appointees, with the possibility of Nixon returning. They call Attorney General Saxbe who agrees that the 25th Amendment would apply.
Garment privately discusses the matter with other noted constitutional scholars, who concur. Several not that this was not the intent of the framers, but that the text does not preclude it.


Event Date: 2-10-1975
Event Description:  Garment, with Nixon's permission takes the unusual step of contacting Jaworski, who not only agrees, but is relieved! He will be prosecuting a defendant, not a president.


Event Date: 2-16-1975
Event Description: The depositions of all the executives named are completed. It is a disaster for Jaworski. All of them had no direct dealings with Nixon, meeting only with Mitchell, Haldeman and Ehrlichman.

Garment reports back to Nixon, but Dr. Lungren suggests waiting until at least March 1, in order to see how the treatment for depression is going.

Event Date: 2-19-1975
Event Description: Over the next two weeks, Jaworski offers reductions in sentences for testimony.

Event Date: 2-24-1975
Event Description:  Bush finishes his manuscript.  He sends a copy to Kissinger who send a copy of it Ford.  The title of this manuscript is The Free Market.


Event Date: 2-26-1975
Event Description:  At a hearing, and after reviewing the depositions, Garment asks the judge for a hearing the next day to throw out all the bribery related charges.

Jaworski manages to convince the judge for a delay until March 14.

Event Date: 3-2-1975
Event Description:  Lungren recommends at least another two weeks of treatment.

Event Date: 3-9-1975
Event Description: Secretary of Commerce Dent resigns.  Ford immediately recalls Bush from China and nominates him to fill the vacancy.

Event Date: 3-11-1975
Event Description:  Finally, Jaworski offers Mitchell a deal, suspended sentence, no fine, immunity from further prosecution, if he testifies that Nixon knew about the "slush funds."

Mitchell responded, "If I say anything, it will be that Richard Nixon had no idea that there was a slush fund!"

[J. J.]

Event Date: 3-14-1975
Event Description: On Garment's motion, the judge throws out 16 counts against Nixon.

Jaworski appeals, and loses (April '75).

The hearing is continued until Monday.


Event Date: 3-15-1975
Event Description: The date, the Ides of March, has a tie in with the assassination of a leader. Editorial cartoonists have a field day, depicting Jaworski as a failed Brutus, or, in some "Brutus Democratus."

Event Date: 3-18-1975
Event Description: One more count is thrown out. This one relates to a suggestion that Judge Byrne, who was the trial judge in the Ellsberg case, be appointed as FBI Director. Internal memos, including one from Liddy, showed that they were looking to replace Hoover prior to the trial. Several other internal memos, from before the trial, mentioned Bryne as a replacement well prior to him being assigned the case.

Out of the 28 original indictments, plus the three added and quickly dismissed, only these remain:

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Garment informs the court that his expected to recover "sooner, rather than later."

Dr. Lungren, after examining Nixon, now feels that is able to return to work.

Event Date: 3-19-1975
Event Description:

Nixon meets in hospital room with both Garment and Lungren.  He asks Garment if he's willing to go to trial; Garment notes his recent successes.

Nixon:  Can you inform the court tomorrow?

Garment:  Yes, by letter, but the day after tomorrow will be be better.  Dr. Lungren, I need some medical records.

Nixon:  Dr. Lungren, can you hold a press conference after that about my condition and prognosis?

Lungren:  Certainly, you can appear yourself and explain the treatment.  You could even do your T'ai Chi.

Nixon:  No, I mean my diagnosis, treatment and prognosis for depression.

A stunned Lungren stammers out a yes.

[The Duke]

I hadn't seen this until today, its quite interesting.

[J. J.]

Event Date: 3-20-1975
Event Description: Garment sends the letter to the judge.  It outlines Nixon’s medical condition and states, “Mr. Nixon will be ready to stand trial at this time.”  A copy is given to the White House.

Nixon leaves the Walter Reed for Blair House, which he occupied while Vice President.  Ford has arranged it.

Event Date: 3-24-1975
Event Description:   In the Press Briefing, Ron Nessen, announces that after speaking with both Ford and Garment, “President Nixon will continue to invoke the 25th Amendment and not submit his declaration of ability to discharge his duties of office.  He will focus all of his attention on the trial.”

He notes that Nixon might have a statement on it in the future.

Event Date: 3-25-1975
Event Description:   Dr. Lungren holds his press conference where he states that Nixon was treated for depression, but also notes that he has recovered and is not being treated with any medication.  He also notes that the court, prosecution, and the White House have been informed of this and that, in his opinion Nixon is able to stand trial and serve as President.

During the conference a Washington Post reporter asks if Nixon plans to use an insanity defense.  Lungren replies:  “Richard Nixon is not now nor ever has been insane, to the best of my knowledge.  He suffered from depression, anyone who was hounded by the Press and the politicians for nearly three years now would be!  Next question.”


Event Date: 3-26-1975
Event Description:  Gallup poll released.  Nixon has as 49% favorable rating 46% unfavorable rating.  In answer to this question, "Should Mr. Nixon be removed from office if convicted in a criminal trial," a full 46% say no, to 45% who say yes.


Event Date: 3-27-1975
Event Description:  Garment also moves to have the conspiracy charges dropped, on the grounds that Nixon’s actions were “coerced by overly zealous law enforcement officials.”  The judge does not grant this motion.

Garment then moves to have the "Illegal Wiretaps," as there is no evidence that Nixon conspired before the break-in.  The judge grants that request. 

Jaworski, knowing that no one will state under oath that they told Nixon about the wiretaps prior to the Watergate break-in, does not appeal. 

Garment tries to get "Illegally Influencing the Election" charge dropped; the Judge leaves it in.  It's Garment's turn to appeal (rejected in Apr.).

The trial is set for June 2.  Nixon is now facing six specific charges.

Nixon requests air time from the three networks on Monday 3/31/75.

[jokerman]

This is great!  I can't wait to see where it will turn.