I,M the Guy They Called Deep Throat
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To Set the Record Straight by Judge John J. Sirica Richard L
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 Book Review: To Set The Record Straight By Judge John J. Sirica Richard L. Aynes Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: https://ideaexchange.uakron.edu/akronlawreview Part of the Legal Biography Commons, and the Legal Profession Commons Recommended Citation Aynes, Richard L. (1981) "Book Review: To Set The Record Straight By Judge John J. Sirica," Akron Law Review: Vol. 14 : Iss. 2 , Article 6. Available at: https://ideaexchange.uakron.edu/akronlawreview/vol14/iss2/6 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Aynes: Book Review BOOK REVIEW To SET THE RECORD STRAIGHT: By Judge John J. Sirica W. W. Norton & Co., 1979. 303 pp. Reviewed by Richard L. Aynes* N MANY WAYS it seems almost impossible that eight years have passed since that night on June 17, 1972 when the Democratic National Head- quarters at the Watergate complex was burglarized. Yet, the fact that so much time has passed becomes evident when one recognizes that many of the principal characters, once prominent in the headlines, have now faded into obscurity. -
Robert Mardian (Bress)
REPRODUCED AT THE I~ATIONAL ARCHIVES ¯ 2466 MR. BRESS : l.iay~ it please ti~e Cou~’to, counsel, ladies and gentl~:aen.of the jury. ~ly n~me is David Bress. I am app.-e~a~ing before you on behalf of defendapt Robert C. Mardian. As you understand fron~ ~qhat the C~t has already stated, the defendants do not ]]ave to make ~m opening state,_-:~ent they have the right to reserve. So~,~e have reserved, and some have: ~hos.en to make an opening statement. I have chosen to make one to you -~/: this ti:.::e for t%,;o re.aSOl~S . First, Robert i.iardian is very mi=fmal!l~ involved in the evidence in this case i.~; a very perfLrlieral ~.:ay and it would be a long time before %:e are able to l~u~ on our evidence on our case. It may be t~o or three months from, aow before he / has the oppontunity to offer evidence in hi~ o%-;n behalf. Therefore, it would make your- function a lot easier if you kne~; ~;ho ~e ~.:e~.-u si~ting at the table and ~hat are we doing her~-~ ~’.nd \.~hat U~ -,-.~,s,-, do ~,;e have, so that you can ~ore I REPRODUCED AT THE NAT;ONAL ARCHIVES ¯ 2467 twelve-count indictn, ent against five defendants. Robert [.:ardian is mentioned only in the first count. He is ti~e¯ only defendant before you who is ntentlo;.e~" ~ ~ only in the first count. I kno%, m~%y of you have not had previous experience as jurors and ~’un~s ’ must be some~.~hat of a novel experience for you, unique, but the Govez’~ent files an indic~r~ent, a charge, ~,hich is not evidence and it stahes t-~hat it expects to prove in support of the charge, what the charge is. -
Watergate, Multiple Conspiracies, and the White House Tapes
Do Not Delete 8/1/2012 8:26 PM Watergate, Multiple Conspiracies, and the White House Tapes Arnold Rochvarg* On January 1, 1975, John Mitchell, former United States Attorney General, John Ehrlichman, former Chief White House Assistant for Domestic Affairs, H.R. Haldeman, former White House Chief of Staff, and Robert Mardian, former Assistant Attorney General, were convicted of conspiracy1 for their involvement in what is generally known as “Watergate.”2 The Watergate conspiracy trial, presided over by Judge John Sirica, had run from October 1, 1974 until December 27, 1974.3 The trial included the in-court testimony of most of the figures involved in the Watergate scandal,4 and the playing of thirty of the “White House tapes.”5 The purpose of this Symposium article is to discuss whether the evidence presented at the Watergate trial is better understood as evidence of multiple conspiracies, as argued by two of the defendants,6 or as a single conspiracy as argued by the prosecution. The article first will set forth the law on multiple conspiracies and apply that law to the evidence presented at the Watergate conspiracy trial. The article will then discuss whether the admission into evidence of certain White House tapes premised on the single conspiracy view may have prejudiced any of the convicted defendants. I. THE LAW OF MULTIPLE CONSPIRACIES It is not uncommon at a criminal conspiracy trial, or on appeal from a conviction of conspiracy, for a defendant to argue that a guilty verdict for * Professor, University of Baltimore School of Law. Professor Rochvarg was a member of the legal defense team that represented Robert Mardian in the appeal of his conviction of conspiracy at the Watergate conspiracy trial. -
Watergate and the Two Lives of Mark Felt
Watergate and the Two Lives of Mark Felt Page 1 of 7 washingtonpost.com Advertisement Watergate and the Two Lives of Mark Felt Roles as FBI Official, 'Deep Throat' Clashed THE VALUE By Michael Dobbs Washington Post Staff Writer STARTS Monday, June 20, 2005; A01 WITH THE The Watergate scandal had reached a peak, and President Richard M. Nixon was furious about press leaks. His suspicions focused on the number two man at the FBI, W. Mark Felt, a 31-year bureau veteran. He ordered his aides to "confront" the presumed traitor. Another man may have panicked. Over the previous six months, Felt had been meeting secretly with Bob Woodward of The Washington Post, helping him and fellow Post reporter Carl Bernstein with a series of sensational scoops about the abuse of presidential power. But the former World War II spymaster had an exquisite sense of how to play the bureaucratic game. In a Feb. 21, 1973, FBI memo, Felt denounced the Post stories as an amalgam of "fiction and half truths," combined with some genuine information from "sources either in the FBI or the Department of Justice." To deflect attention from himself, he ordered an investigation into the latest leak. "Expedite," he instructed. Recently identified as the secret Watergate source known as "Deep Throat," Felt is the last and most mysterious of a colorful cast of characters who have captured the national imagination. Now 91, and in shaky health, the former FBI man joins a pantheon of Watergate figures ranging from H.R. "Bob" Haldeman and G. Gordon Liddy to John J. -
Video File Finding
Richard Nixon Presidential Library and Museum (714) 983 9120 ◦ http://www.nixonlibrary.gov ◦ [email protected] MAIN VIDEO FILE ● MVF-001 NBC NEWS SPECIAL REPORT: David Frost Interviews Henry Kissinger (10/11/1979) "Henry Kissinger talks about war and peace and about his decisions at the height of his powers" during four years in the White House Runtime: 01:00:00 Participants: Henry Kissinger and Sir David Frost Network/Producer: NBC News. Original Format: 3/4-inch U-Matic videotape Videotape. Cross Reference: DVD reference copy available. DVD reference copy available ● MVF-002 "CNN Take Two: Interview with John Ehrlichman" (1982, Chicago, IL and Atlanta, GA) In discussing his book "Witness to Power: The Nixon Years", Ehrlichman comments on the following topics: efforts by the President's staff to manipulate news, stopping information leaks, interaction between the President and his staff, FBI surveillance, and payments to Watergate burglars Runtime: 10:00 Participants: Chris Curle, Don Farmer, John Ehrlichman Keywords: Watergate Network/Producer: CNN. Original Format: 3/4-inch U-Matic videotape Videotape. DVD reference copy available ● MVF-003 "Our World: Secrets and Surprises - The Fall of (19)'48" (1/1/1987) Ellerbee and Gandolf narrate an historical overview of United States society and popular culture in 1948. Topics include movies, new cars, retail sales, clothes, sexual mores, the advent of television, the 33 1/3 long playing phonograph record, radio shows, the Berlin Airlift, and the Truman vs. Dewey presidential election Runtime: 1:00:00 Participants: Hosts Linda Ellerbee and Ray Gandolf, Stuart Symington, Clark Clifford, Burns Roper Keywords: sex, sexuality, cars, automobiles, tranportation, clothes, fashion Network/Producer: ABC News. -
NORTHMUNC IV Crisis Committee: Watergate Scandal Start Date: June 18, 1972 (Day of Watergate Break-In) Chair: Richard Nixon
NORTHMUNC IV Crisis Committee: Watergate Scandal Start Date: June 18, 1972 (day of Watergate break-in) Chair: Richard Nixon History: In the 1968 election, the death of Robert F. Kennedy opened the doors for previous Vice President Hubert Humphrey to become the Democratic Party’s presidential candidate. On the other side was Republican Richard Nixon, who ran on a platform promoting domestic and foreign peace. Nixon claimed victory over the White House by 500,000 popular votes. Once in office, Nixon’s greatest problem was the Vietnam War. How was he going to stop it and fulfil the promises he had made to the American public during his campaign? The war was widely unpopular among the American people and resulted in many protests demanding peace. Nixon urged the American people to be patient and pursued negotiations. By the end of Nixon’s first year in office, he sported a 59% approval rating. At the end of his second year, that figure had fallen to 52%. At the beginning of 1972, Nixon’s approval rating reached a high of 62%. Possible causes of Nixon’s high approval ratings include landing the first man on the moon in 1969 and running a successful re-election campaign. It is safe to say that Nixon was relatively popular amongst the American people during his first term. During the 1972 election, the Democratic Party chose George McGovern as their nomination over Senator Edmund Muskie. The Republican Party renominated Richard Nixon. In early June, it seemed likely that Nixon would win his second presidential election as many Americans believed he was taking the right course of action in Vietnam. -
Government Lawyers and Confidentiality Norms
GOVERNMENT LAWYERS AND CONFIDENTIALITY NORMS KATHLEEN CLARK∗ TABLE OF CONTENTS INTRODUCTION...................................................................................... 1034 I. SECRECY AND TRANSPARENCY IN LAWYER-CLIENT RELATIONS AND IN GOVERNMENT ................................................................... 1039 A. Secrecy in Lawyer-Client Relationships................................ 1041 B. Secrecy and Transparency in Government ........................... 1046 C. Harmonizing the Lawyer-Client Secrecy Norm with the Governmental Openness Norm ............................................. 1048 II. IDENTIFYING THE CLIENT OF A GOVERNMENT LAWYER ................. 1049 A. A Wide Range of Possible Clients ......................................... 1050 B. Client Identity Depends on Context and Structure of Governmental Power............................................................. 1056 C. Some Government Lawyers Have Authority to Make Decisions That Are Normally in the Hands of the Client...... 1062 1. “Runaway” Lawyers ..................................................... 1062 2. Basing Decisions on the Public Interest........................ 1068 III. A GOVERNMENT LAWYER’S CONFIDENTIALITY OBLIGATION ....... 1073 A. Norm of Openness Regarding Government Wrongdoing...... 1074 1. Statutes Encouraging Government Employees to Disclose Government Wrongdoing................................ 1075 2. Common-Law Doctrines Regarding the Disclosure of Government Wrongdoing .............................................. 1081 B. Open -
Book Review of the Strange Career of Legal Liberalism, by Laura Kalman
digitalcommons.nyls.edu Faculty Scholarship Other Publications 1997 Book Review of The trS ange Career of Legal Liberalism, by Laura Kalman Edward A. Purcell Jr. New York Law School, [email protected] Follow this and additional works at: https://digitalcommons.nyls.edu/fac_other_pubs Part of the Law and Philosophy Commons, and the Legal Education Commons Recommended Citation 102 American Historical Review 1264 (1997). This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Other Publications by an authorized administrator of DigitalCommons@NYLS. 1264 Reviews of Books prevent information from being communicated). En- For the most part, Rudenstine effectively supports hancing the importance of what the justices had to say his contentions. Only his argument that the Pentagon on this- issue was the evidence the Pentagon Papers Papers contained information truly damaging to na- contained that the United States government had tional security is unpersuasive. Forced to convince the deceived the public about the war, information highly Supreme Court that they did, Solicitor General Erwin relevant to the intense political debate that was raging Griswold (who admittedly lacked adequate research at the time over when and how to end American time) could identify only eleven items in forty-seven military involvement in Vietnam. volumes that he thought supported such a contention. Although the Post's Sanford Ungar produced a Although the last four volumes did contain diplomatic highly readable journalistic account of the legal and documents, release of which could have hampered political battle over the Pentagon Papers (The Papers American diplomacy, the significance of most of the and the Papers: An Account of the Legal and Political information contained in the Pentagon Papers was Battle over the Pentagon Papers [1972]), David Ruden- historical and political. -
Washington Decoded
Washington Decoded 11 September 2008 The Secret That Wasn’t: Deep Throat Exposed in 1973 By Max Holland Editor’s Note: This week marked publication of a new book by Bob Woodward. The War Within is the fourth installment of his quartet on the Bush administration. And, as has been the case since 1974, when All the President’s Men was published, Woodward’s latest book contains headline-making revelations. Washington Decoded first examined the Watergate roots of the phenomenon that is Woodward in a May 2007 piece entitled “Deep Throat 3.0.” The article below draws from newly-found evidence. Of all the legends about Watergate, perhaps the most enduring is that Bob Woodward and Carl Bernstein religiously protected the identity of W. Mark Felt, aka “Deep Throat.” In fact, they did more to expose their fabled secret source than has ever been appreciated. One big fat clue escaped all notice during the many years of guessing. It appeared in The Washington Post on June 17, 1973, a year to the day after the break-in and 10 months before Woodward and Bernstein’s 1974 best-seller, All the President’s Men, introduced the American public to Deep Throat. If this clue in plain sight had been remembered, it’s unlikely that “Who Was Deep Throat?” would have ever surpassed “What Happened to Judge Crater?” as the national guessing game. It all but pointed the finger at W. Mark Felt because it indicated where Deep Throat worked in the federal government: the FBI. • • • • • In the late spring of 1973, just as Watergate was bursting open, a distinguished Washington Post reporter named Laurence Stern got it into his head to write what turned out to be a most insightful article about the all-consuming scandal. -
WHT #38: April 13-25, 1973 [Complete Tape Subject Log]
-1- NIXON PRESIDENTIAL LIBRARY AND MUSEUM Tape Subject Log (rev. January-2011) Conversation No. 38-1 Date: April 13, 1973 Time: Unknown between 9:16 am and 10:47 am Location: White House Telephone John D. Ehrlichman talked with the White House operator. [See also Conversation No. 895-8A] Telephone call to Lawrence M. Higby Ehrlichman conferred with the President at an unknown time. [Begin conferral] [See Conversation No. 895-8] [End conferral] Ehrlichman talked with the White House operator at an unknown time. Ehrlichman talked with Higby at an unknown time. [See also Conversation No. 895-8B] Gordon C. Strachan -Conversation with Earl J. Silbert -Topics -Report by Stephen B. Bull Conversation No. 38-2 Date: April 13, 1973 Time: Unknown between 1:28 pm and 2:46 pm Location: White House Telephone -2- NIXON PRESIDENTIAL LIBRARY AND MUSEUM Tape Subject Log (rev. January-2011) Conversation No. 38-2 (cont’d) The President talked with the White House operator. Telephone call to H. R. (“Bob”) Haldeman. Conversation No. 38-3 Date: April 13, 1973 Time: 2:46 pm - 2:47 pm Location: White House Telephone The President talked with H. R. (“Bob”) Haldeman. Meeting with President Conversation No. 38-4 Date: April 13, 1973 Time: Unknown between 2:47 pm and 3:54 pm Location: White House Telephone The President talked with the White House operator. Telephone call to Stephen B. Bull Conversation No. 38-5 Date: April 13, 1973 Time: 3:54 pm - 3:55 pm Location: White House Telephone The President talked with Stephen B. Bull. [See also Conversation No. -
Transcript of KMYR Series on the Public Affair: “The Dean Tapes” Aired on March 17-21, 1975 PA2019.068.013 Albuquerque Museum, Gift of Zane Blaney
Transcript of KMYR series on The Public Affair: “The Dean Tapes” Aired on March 17-21, 1975 PA2019.068.013 Albuquerque Museum, gift of Zane Blaney This radio program is a five-part series of excerpts from a speech made by John Dean at University of New Mexico’s Popejoy Hall. Keywords and topics: Watergate scandal, President Richard Nixon, resignation, counsel, lawyer, testimony, John Dean, John N. Mitchell, E. Howard Hunt, H.R. Haldeman, John Erlichman, Robert Mardian, Jeb Magruder, Republican Party, prison, indictment, grand jury, perjury, White House, Central Intelligence Agency [John Dean saying the words: “Yes, Mr. President” on a loop] ZANE BLANEY: Next on “The Public Affair”: highlights from the John Dean Popejoy Hall speech. JOHN DEAN: And he said, “John, I would like you to be my counsel.” And I said, “Yes, Mr. President”. RICHARD NIXON: I shall resign the presidency effective at noon tomorrow. BLANEY: The Public Affair this week is a Watergate conversation with John Dean. Highlights of the Dean speech presented recently at Popejoy Hall. John Dean graduated from the Georgetown University Law School in 1965. In 1967, he was appointed Minority Republican Counsel for the House Judiciary Committee. In 1969, Attorney General John Mitchell named Dean Associate Deputy Attorney General. He was then appointed as Counsel to President Nixon and in this position he became involved in the events which led to the first resignation of an American president. [applause] DEAN: I guess I should say that, uh, I am John Dean and not [cough] excuse me, Howard Hunt [E. Howard Hunt] in a John Dean disguise. -
Watergate 18329.Pdf
difficult for the former President to re- fuse to testify in future Watergate trials by claiming his Fifth Amendment rights against self-incrimination. And when he does testify, Nixon will run the risk of a charge of perjury if he is less than com- pletely truthful. Nixon's own testimony, in combi- nation with the records and tapes he has already agreed to make available for court use, may well ensure the fullest ex- planation to date of the entire Water- gate affair. What that will mean for the defendants is still unclear' Certainly Nixon's evidence will be a crucial part, of the entire case, and he may well fur- INDICTED NIXON AIDES: FROM LEFT, HALDEMAN, EHRLICHMAN & MITCHELL nish information about the Watergate cover-up that could clinch the argu- ments of the prosecution. At the same time, however, at least one of the Wa- The New Legal Tangles . tergate defendants has already indicated that he wants Nixon to testify as a de- President Ford's pardon of Richard that their clients should not be convict- fense witness. Before Ford's pardon, Nixon may betray questionable judg- ed when the ex-President himself can- Ehrlichman subpoenaed Nixon to tes- ment. There is no question of its con- not even be brought to trial. "The Pres- tify, hoping apparently that Nixon stitutionality. Article II, Section 2 of the ident gave Nixon a complete 'walk,' " would support his claim that he was led Constitution provides that the President said one defense attorney. "The other into thinking that national-security con- "shall have power to grant reprieves and defendants should get the same thing.