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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. siderations justified the cover-up. pardons for offenses against the United How can they be tried when all they Cloudy Future. Though Nixon has States except in cases of impeachment." really did was try to protect Nixon?" In been freed of the overwhelming anxi- In an 1867 case that has obvious bear- ordinary legal proceedings, the leading ety that he would be indicted and have ing on Ford's action, the Supreme Court member of a criminal group is most ac- to face trial, he has not been freed from ruled that the pardoning power is "un- tively prosecuted and gets the stiffest all the legal troubles growing out of the limited" (except for impeachment) and sentence if convicted. Now that the Watergate affair. Technically, he still "may be exercised at any time"—even highest-ranking person in the Watergate faces the possibility of state criminal ac- before an indictment is issued. affair would go free, it seemed doubtful tion for tax fraud in California, though Presidents in the past have made fre- to many lawyers that any jury would this is considered extremely unlikely. quent use of the pardoning power send his subordinates to jail. The par- More conceivably, citizens resentful —though never before on behalf of a don also raised a question about the fate about what they regard as illegal ekpen- former President. But while most uses of the nine who have already been sent ditures on the President's homes in Cal- of Executive clemency have resolved to prison; John Dean began his one-to- ifornia and Florida could bring civil criminal cases for good, Ford's pardon four-year term only last week. suits. Further, action in the federal of Nixon creates new legal tangles in No Violation. Other lawyers, how- courts could be initiated by someone like the already snarled Watergate affair. ever, questioned that pardoning Nixon former National Security Council Staff- Most immediately affected will be the would affect others still facing trial. Said er Morton Halperin, whose telephone six men facing trial on Sept. 30 for their Stanford Law Professor John Kaplan: was bugged on Nixon's orders. Anoth- roles in the Watergate cover-up—John "The fact that one person has been par- er potential danger to the former Pres- Ehrlichman, H.R. Haldeman, John doned does not constitute a violation of ident is that he will be disbarred. Still, Mitchell, Kenneth Parkinson, Gordon the equal-protection clause of the Con- these problems are less pressing than the Strachan and Robert Mardian. Many stitution." In addition, the Nixon par- one President Ford disposed of with his lawyers felt, in the aftermath of Ford's don has provided both the Watergate order of Executive clemency. The fu- announcement, that the President had prosecutors as well as the defense law- ture remains cloudy for Richard Nixon, given a big boost to the defense. yers with a whole new element: the as- but in all likelihood he no longer faces Attorneys for Nixon's accused for- sured testimony of the ex-President. In the prospect of being the first President mer aides are now in a position to argue granting Nixon a pardon, Ford made it of the United States to go to prison. TIME, SEPTEMBER 16, 1974 19 .
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