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, INDICTED NIXON AIDES: FROM LEFT, HALDEMAN, EHRLICHMAN & MITCHELL of the entire case, and he may well fur- nish information about the Watergate cover-up that could clinch the argu- ments of the prosecution. At the same The New Legal Tangles time, however, at least one of the Wa- . tergate defendants has already indicated President Ford's pardon of Richard that he wants Nixon to testify as a de- 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- ment. There is no question of its con- Ehrlichman subpoenaed Nixon to tes- 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,' " Constitution provides that the President would support his claim that he was led 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. pardons for offenses against the United siderations justified the cover-up. How can they be tried when all they Cloudy Future. States except in cases of impeachment." really did was try to protect Nixon?" In Though Nixon has In an 1867 case that has obvious bear- been freed of the overwhelming anxi- 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- ruled that the pardoning power is "un- to face trial, he has not been freed from 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 "may be exercised at any time"—even Watergate affair. Technically, he still 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 Presidents in the past have made fre- tion for tax fraud in California, though 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- —though never before on behalf of a More conceivably, citizens resentful 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 of Executive clemency have resolved ditures on the President's homes in Cal- 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. of Nixon creates new legal tangles in suits. Further, action in the federal No Violation. Other lawyers, how- courts could be initiated by someone like the already snarled Watergate affair. ever, questioned that pardoning Nixon Most immediately affected will be the former National Security Council Staff- 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: roles in the Watergate cover-up—John was bugged on Nixon's orders. Anoth- "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 Mitchell, Kenneth Parkinson, Gordon ident is that he will be disbarred. Still, 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- lawyers felt, in the aftermath of Ford's one President Ford disposed of with his don has provided both the Watergate order of Executive clemency. The fu- announcement, that the President had prosecutors as well as the defense law- given a big boost to the defense. ture remains cloudy for Richard Nixon, 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 mer aides are now in a position to argue the prospect of being the first President granting Nixon a pardon, Ford made it of the United States to go to prison. TIME, SEPTEMBER 16, 1974 19