Nixon's Crisis-And Ford's

Newsweek

Ford facing pickets in Pittsburgh, NIXON'S CRISIS-AND FORD'S

nce again, the White House had be- on's declining physical and mental health, "just as normal as those we used to have O come a bunker. The hasty pardon Ford seemed to have stampeded himself at the White House." of Richard Nixon—and the muddle over into a badly timed decision. But the real Near the end of a week full of self- possible further pardons that followed— state of Nixon's health remained a mys- contradictions, the White House began suddenly drove Gerald Ford's month-old tery. His doctor, Air Force Maj. Gen. to back away from any suggestion that Administration deep into crisis last week. Walter Tkach, found a new outbreak of Nixon's health had been a factor in the In the public-opinion polls, Ford's stand- phlebitis in Nixon's left leg and what pardon. But by then Richard Nixon had ing dropped precipitously; the mail was may prove to be an even graver state of become the monkey on Gerald Ford's overwhelmingly unfavorable, and this mind: the former President refused hos- back, and he was not to be shaken off fall's elections threatened to turn from a pitalization, telling Tkach that "If I go so easily. Nixon and Watergate . had mere Republican defeat into a rout. On into the hospital, I'll never come out abruptly become Topic A again at the Capitol Hill, all the old jokes about the alive." Nervous and distraught himself, White House, smothering almost every President's intellectual capacity were be- Tkach described Nixon as "a ravaged other subject. "This puts Watergate back ing revived. "I guess he started chewing man who has lost the will to fight." Was into the campaign, just when we thought gum again," cracked a jubilant Demo- Nixon actually dying? "No, not that," crat with a nod to the old gibe that Ford we were rid of it," complained a GOP Tkach told NEWSWEEK. "He is just under official. Perhaps the bitterest reaction couldn't walk and chew gum at the same tremendous tension. It's going to take a time. And in a morose and defensive came from Rep. John Anderson of Illi- miracle for him to recover ... I don't nois, the third-ranking Republican in the White House, some staff members were know whether I can pull him through." beginning to think the worst. "I really House. "Why," he asked, "were we ever hate to say this," lamented an old Ford TOPIC A AGAIN stupid enough to think this awful man loyalist, "but I would not exclude the would fade away like one of MacArthur's Despite what Tkach had to say, other old soldiers? He was always going to be possibility that Ford made a verbal deal recent visitors reported that Nixon was with Nixon for a pardon before Nixon dragged, kicking and screaming, into in good enough spirits and physical oblivion." resigned." shape. Soon after his pardon, the former The available evidence suggested that On both sides of, the aisle in Congress, President felt well enough to play nine some legislators were still trying to exor- chemistry of a different sort had pro- holes of golf (page 35). And a visitor duced the Nixon pardon. Determined to cise the demon. A Senate subcommittee just last Saturday found him favoring the focused critically on Ford's request for get his predecessor off the hook sooner leg but otherwise seemingly fit. Their or later and distressed at reports of Nix- $850,000 to tide Nixon over his first conversation, the visitor recalled, was eleven months out of office; the amount 30 Wally McNaMee—Newsweek Nixon visiting a beach in California last month : Medical questions and a 'crisis of competence' Dwizht BrIll---AP

seemed certain to be cut sharply. And until after their trials. By then, the eight members of the Senate Judiciary Loyal Republicans were grasping at White House had retreated two giant straws. "If Nixon goes into the hospital," Committee, including Edward Kennedy, steps. The first fallback position was sent a letter to special prosecutor Leon a GOP leader in the House remarked that pardons would be considered only wistfully, "Ford's curve will shoot right Jaworski urging him to complete his in- for people who requested them; the vestigation—for the record, if nothing back up." But failing some such revival, second was that trials would have to the political calculus for 1976 was else—and to give Congress a complete come first. But even as the White House report on the case against Nixon. abruptly changed—and a GOP Congres- was backing away from blanket pardons, sional leader told NEWSWEEK'S Samuel That case, as Jaworski had already NEWSNVEEK'S Stephan Lesher learned informed Ford, was broad. In addition Shaffer: "I don't think it can be taken for that the Administration was considering granted that Jerry will run in '76. I think to the Watergate cover-up, Jaworski list- commuting the sentences of three Wa- ed ten investigative areas—including the he will remember his promise to Betty tergate figures who helped the prose- and go back to Grand Rapids." preparation of Nixon's tax returns, the cutors and are now in jail: former White use of campaign funds, abuse. of the House counsel John Dean, former Nixon FROM RICHES TO RAGS Internal Revenue Service, and the ITT lawyer Herbert Kalmbach and ex-cam- and milk-fund episodes—that could in-. One act of indecision may actually paign aide Jeb Stuart Magruder. have helped the President slightly. His volve the former President. The prosecu- Through most of the week, in fact, tors, NEWSWEEK learned, also thought program of limited amnesty for Vietnam- the White House rarely seemed to know era deserters and draft evaders was not that new evidence would show Nixon what it was doing. Immediately after had advance knowledge of Watergate- announced last week, as scheduled. Hushen's announcement that wholesale Hushen said the President hadn't had type break-ins planned by his political- pardons were under consideration, for intelligence operatives (page 39). time to study the plan, and instead the example, Presidential counsel Philip Bu- announcement was expected early this TWO GIANT STEPS BACK chen, Ford's chief legal adviser, said week. As some observers saw it, the that he wasn't aware of any pardon Ford got himself into more trouble furor over Nixon's pardon would have study. Partly in response to the Ad- been even worse if two days after the Nixon pardon by ministration's blunders ( and partly be- there had been any raising the prospect of a blanket pardon apparent connection between that action cause of a soaring wholesale-price in- and amnesty. Even so, many of Ford's for all the people involved in the Water- dex), the stock market plunged 50 gate affair. "I am authorized to say that supporters were growing restless. "The points last week to a twelve-year low party people I talk to are aghast at the that entire matter is now under study," of 627.19 on the Dow Jones average acting press secretary John Hushen an- pardon and at the appointments he's (page 77). The Wall Street Journal dis- made to the national committee," re- nounced at the President's express bid- cerned a "crisis of competence." ding. Republicans and Democrats alike ported a moderate GOP leader. "And "I wouldn't say this shows they're in- when's he going to start doing some- were incensed. As denunciations poured competent," a White House survivor of in from every quarter, the Senate passed thing about the economy instead of hold- the Nixon years said of the Ford team. ing meetings? So far, all we've gotten a resolution asserting that no additional "But it really gives you pause about their Watergate figures should be pardoned from him is a lot of platitudes, an am- ability to deal with tough questions." nesty proposal that no one in the party September 23, 1974 31 had asked for and a pardon for Nixon." booing, demonstrators of his Presidency tion that sooner was better than later, The public reaction to the pardon was (along with some cheering supporters ), and that the protests would blow over. not so much a fire storm as a slow burn. and a gaggle of pickets ( FORD'S PARDON "The President knew the issue was bound Telephone calls to the White House DEFIES JUSTICE). Newspaper editorials to become politicized the closer it got were narrowly in favor of Ford's decision, were preponderantly against him, and so to this November and the 1976 elec- but the considerably larger volume of were the letters-to-the-editor columns of tion," said one aide. "So he decided that letters and telegrams that poured in ran many newspapers. Three days after the a swift knife was better than a thou- against the President by 5 to 1. In a pardon, The Chicago Daily News ran 28 sand cuts." And a top staffer concluded: new Gallup poll, 32 per cent of the 553 letters on the subject. Only one of them "The country needs a man who isn't people questioned rated Ford's perform- was favorable, and it came from Louis afraid to stand up and make a decision ance in office "good," while 33 per cent D. Ziegler of Clarendon Hills, Ill.—the and take the heat for it." called it only "fair" and 25 per cent dis- father of Nixon aide Ronald Ziegler. * Despite the general A LOYAL PARTY MAN post-pardon depression The fact was that once Ford's decision among Republicans, Ford had been made, there was very little had a number of stout de- that Congress or the public could do fenders. Vice President- about it. There was a short-lived move- designate Nelson Rocke- ment to revive the impeachment pro- feller, who had advocated cess, in order to write a record for leniency, pronounced it posterity, and there was talk of a con- "an , act of conscience, stitutional amendment to limit the Presi- compassion and courage." dent's pardon power. But there was

AP Ford consoles Julie Eisenhower : Who was the prime mover?

But Ford had expected almost universal agreement that Ford more support than he got. had acted within his rights and that "I hope the country un- Nixon could not be unpardoned. It also derstands what a difficult seemed likely that the furor over the decision it really was," he pardon would eventually die down. told one senior aide early Jos. A. Smith In retrospect, the pardon appeared Two faces : How long would Nixon haunt the GOP? in the week. Even in to say a lot about Ford the man. It Ford's inner circle, opin- showed once again his strong sense of ion had been divided. compassion. It also demonstrated anew missed it as "poor"; a month ago, the Counselor Robert Hartmann opposed the President got a positive rating of 71 per that he is a party loyalist, until lately pardon on political grounds, while anoth- more accustomed to following policies cent, with only 3 per cent disapproving. er aide, John Marsh, questioned the Another poll, the Phillips-Sindlinger than conceiving them. "If Mr. Ford had Sur- timing. The other two staffers who were been a member of the [House] Judiciary vey, showed Ford's favorable job rating in on the pardon decision—Buchen and Committee," New York Times columnist plunging from 53 per cent on Sept. 4 to White House chief of staff Alexander William V. Shannon wrote last week, 36 per cent on Sept. 9, the day after Haig—supported it firmly. "there is little doubt that he would the pardon. "Ford is the first President A number of White House officials have been ranged with Representatives in memory to trigger a negative job rat- shared the hard-boiled political calcula- Wiggins, Dennis and Sandman, dogged- ing by the end of his first month in of- ly defending his party chief despite the fice," said the report. "In the first week after the pardon, NEWSWEEK evidence and the promptings of com- On a visit to Pittsburgh the day after received more than 550 letters and telegrams com- mon sense." Indeed, that is what Ford the pardon, Ford encountered the first menting on Ford's action. Only seven of them ap- proved of it. did, off and on, as Vice President. 32 Newsweek NATIONAL AFFAIRS His lonely deliberations on the par- deny that Nixon's health had been a fac- don—he broke his own recent pattern tor, one aide told NEWSWEEK'S Thomas by consulting few advisers—brought DeFrank: "The President didn't get that some other elements of the Ford char- kind of medical report. He didn't talk to acter to light, stubbornness among them. any members of the former President's "If he's made up his mind," said an family, and he didn't talk to any mem- aide, "the more you argue with him the bers of Congress who had received phone firmer he gets set in his ways." Finally, calls from him." the decision underscored Ford's long- If the impulse to pardon didn't spring standing inability to perceive the depth from compassion, some in Washington of feeling that Watergate has aroused suspected that it could have been cold- in the country. "Unlike millions of Amer- ly political. In blunt terms, Nixon threat- icans," said a White House official who ened to be a costly embarrassment to disagreed with the pardon, "Ford has Ford and his party for months. While never felt that Watergate subverted the Ford had not had detailed briefings processes of government all that much. from 4aworski on the charges piling up He has consistently believed that Water- again4t the ex-President, he did have the gate was terribly exaggerated." memo spelling out Nixon's vulnerability. If tried and convicted, another Jaworski NO DEAL memo had Warned the Oval Office, Nix- There was no evidence last week of on might well win reversal on a techni- any outright "deal" between Nixon and cality such as the prejudicial publicity Ford for a pardon. "I don't believe Ford that has surrounded the case. Thus, if ever had to make such a commitment," Ford postponed the pardon, he might a lawyer familiar with the White House Ziegler: No thanks legal maneuvers told NEWSWEEK'S Nich- olas Horrock, "nor do I believe that law firm, Becker had done volunteer such a commitment would even have work for Ford in the past. In 1970, he been implied." But it seemed clear that researched Ford's campaign to impeach early in his Presidency—if not before— Supreme Court Justice William 0. Doug- Ford, had made up his mind that he las, and when Ford became President he would pardon Nixon rather than see helped out on the transition team. In him go to jail. The question was: what selecting him for the new assignment, made Ford grant the pardon so soon? Buchen did not seem to be bothered by Most speculation centered on Nixon's the fact that Becker was under investi- health and the supposition that some- gation by the U.S. Attorney's office in one had persuaded Ford that the for- Washington, reportedly for alleged eva- mer President was in imminent physical sion of Federal taxes. The charges ap- or mental peril—a possibility that Ford parently were made by a convicted for- himself hinted at in announcing the par- mer client, and Becker has denied them don. By one frankly speculative guess, under oath. Julie Nixon Eisenhower may have alert- Working over the Labor Day week- ed Ford to the danger. Other possible end, Becker probed the precedents and prime movers mentioned by various ob- concluded that Ford could indeed par- servers included Mississippi Sen. James don Nixon before indictment and trial. Eastland, Nixon sons-in-law Edward Cox He reported back to Buchen on Tues- and David Eisenhower and White House day, Sept. 3, and according to one source lawyer J. Fred Buzhardt. But late last Ford had already made up his mind by week, when the Administration began to Robert R. McElroy—Newsweek then to pardon Nixon. Later in the day, Cox: Grave words for Ford Buchen and Becker met with Herbert J. Miller Jr., Nixon's attorney. Their first find himself granting it during his own task was to work out an agreement un- election campaign in 1976. der which Nixon would regain control Neither compassion nor cold calcula- over his White House tape recordings tion seemed a fully satisfactory explana- and documents, subject to compliance tion for Ford's abrupt decision; late in with subpoenas from Federal investiga- the week, he_himself reportedly hinted tors. Two days later, Miller was informed in a meeting with eleven governors that that Ford planned to pardon his client. there were still other factors in the case— that, as Tennessee Gov. Winfield Dunn NO MORE AGNEWS relayed it, he "might be able to explain in Buchen felt strongly that Nixon should the not-too-distant future a number of respond to the pardon with a public things." Whatever the ultimate explana- "statement of contrition." The statement tion, Ford reversed himself just after his was not a quid pro quo for the pardon, Aug. 28 press conference when he in- but Buchen felt that it would be helpful dicated that he would make no decision politically and that it would prevent on a pardon until the "legal process" of Nixon from issuing an "Agnew-like excla- indictment and trial had been completed. mation of innocence nine months later," Just two days later, he told Buchen to as one source put it. Miller agreed that a research the question of whether he statement should be made. After Ford could pardon a man for crimes he hadn't had OK'd a draft of the pardon, Becker formally been charged with committing. and Miller boarded an Air Force plane Buchen, in turn, handed the assignment and flew off to San Clemente. Wally McNamee—Newsweek to an outside attorney, Benton L. Becker. There they ran into a stone wall in the Becker: Mission to San Clemente A 36-year-old partner in a Washington person of Ronald Ziegler. Becker had not September 23, 1974 33 brought along a statement for Nixon to adding that others involved in Water- ants moved again for delay or dismissal, sign, contrary to some news reports, and gate were "suffering because they told partly on the ground that Nixon's pardon Ziegler, who once observed that "con- the truth—which is something we have would prejudice the jury. ,Haldeman trition is bulls---," was not about to go yet to hear from Mr. Nixon." and Ehrlichman, it turned out, were not along with any admission of guilt. "If If the study of a mass Watergate par- opposed to leniency in general; they had Becker had drafted Nixon's statement, it don was merely a "trial balloon," it was put heavy pressure on Nixon to pardon would have been stronger," said one in- quickly shot down. Some of the sharpest them in the last days of his Administra- sider. "If Phil [Buchen] or Jack [Miller] protests came from Jaworski's office. The tion.) In the end, however, Judge John had drafted it, it would have been prosecutor, NEWSWEEK learned, called a Sirica agreed only to delay the trial by stronger." But Ziegler was adamantly top White House official and bluntly de- one day—to Oct. 1—in order to assemble opposed to an admission of guilt. clared: "I don't want any double-talk. a new pool of potential jurors. At that point, the White House nego- Either these men are going- to be par- tiators caved in on the statement of con- doned and there won't be a trial, or they BACK TO BUSINESS trition, and Becker finally was ushered won't be." And a high-ranking Justice And as the trial date neared, it into Nixon's presence. Nixon was Department officer informed White seemed increasingly possible that Nixon dressed in a dark blue suit, a white shirt House topsiders: "If Ford goes ahead might not have to testify after all—either and a blue tie and wore the customary with these other pardons, you can ex- because his health was too poor, or be- American flag pin in his lapel. He looked pect my resignation and those of half cause neither Jaworski nor the defend- tired and perhaps depressed, but the top officials in this department on ants, with the possible exception of seemed fit and in control of himself. The his desk in the morning." Ehrlichman, would want his testimony. two men talked for half an hour, Nixon The White House quickly back- Ford, meanwhile, was trying to press VLA5-65-0*(t-AVVA,,,,,NitUitt4itreWa,,,JOitrazAt-ake6-0tu,t3t5ltb-,ARMtb., .AkveF5**,,,,AtUtu.,,Acte5Ab,Of the pandonals tale It was the drama of Sen. Sam Ervin's Watergate hearings that first prompted Judith Wax, a Chicago free-lance writer, to begin a wickedly witty parody of Chaucer's "Canter- bury Tales." Last week Wax surfaced again, on the Op Ed page of The New York Times, with her next installment:

Whan that August with his summer searings Men alle watch Judiciayre Hearyngs Til one Lord pilgrymage to San Clemente And folk do get a newe Presydente. A GERYLD was ther with strong footbal legges, Wel koud he cook his bacyn and his egges. Some seyd he chew his gum and walk with trubl, Yet still myght blow a verray good y-bubbl. He trow to endyth tayps and tapt phone calle Folks weary be from natyni insomnya And lyk it not the olde art, stonewalle. Koud wel y-Ford some Amor vincit omnia. (The KNYGHT OF ROCKYFELYR get his nodde Thys litel honymoon men seyd myght sery us He maken a ful rich vyce-enchylade.) (Though Democratyc Lords some getten nervys) The press, they mak the GERYLD swich good talke But he that pardyn mayd on Richyrd's bed For all he was a parfait gentil hawke Hath blis y-blown in thys Grand Rapyds bed. Since late he tel the Old Vet Compaignye The fyrst to lyk it not, the Earl tyrHorst, Should thynken on some modyst amnestye Was also fyrst to getten hym divorsyt. For hym that years in Canyda hath spende- Forsooth, the good wyf U.S., ful dyspondent GOD WOT, NOW GIV IT FUL TO BEBE'S FRIENDE! Now name the Nixyn lord y-co-respondynt!

Or4WW-44`‘WWW 'DAWN' WIW AggsW-4544nfir"WWW42?-44 -'W22)--k -W42-sleWitiKtrA © 1274 The New York Times Company. Reprinted by permission. Sketches by John Huehnergarth asking Becker where he was from and tracked. Hushen contended that "there on with other business. The news con- passing on his regards to Ford. Becker was never any intention on our part to ference that he had postponed last week never mentioned such words as "indict- give the impression that the Watergate was expected to be held early this week. ment" or "Jaworski." defendants were going to be pardoned He urged Congress to give priority to The result was that Nixon responded at any time, and especially not before trade reform, foreign aid, improvements to the pardon with a carefully hedged the trial." The news media, he asserted, in unemployment compensation and aid statement. Buchen argued later that had misunderstood. "We just didn't real- for urban transit, among other bills. Nixon's acceptance of the pardon was it- ize how badly we were being misinter- He stressed the need for speedy confir- self a tacit admission of guilt, but the preted until the network news shows," mation of Nelson Rockefeller (who had fact remained that the former President he said in the best Ziegleresque manner. filed a report with Congress stating his had not confessed to any crimes. For a while, the pardon flap threat- personal wealth, apart from family trusts, TO TELL THE TRUTH ened to disrupt the impending Water- at only $33 million—a figure that may gate trial of former Attorney General well be revised upward). But given the The public outcry that followed the John Mitchell, ex-White House aides new, post-pardon political situation, the pardon included an appeal from John H.R. (Bob) Haldeman, John Ehrlichman Democrats in Congress were likely to Dean's wife Maureen. "Mr. Nixon and and Gordon Strachan, and former Nixon delay confirmation past Election Day, his family are not the only ones who campaign officials Robert Mardian and neutralizing Rocky as a factor in the have suffered enough," she declared, Kenneth Parkinson. Some of the defend- campaign. 34 Newsweek NATIONAL AFFAIRS

Case history: Nixon with Kissinger when phlebitis struck on Mideast trip

The President seemed to recognize that at least some mistakes had been made. Implementation of the agreement with Nixon on the tapes—which deputy prosecutor Ruth had said would hinder the Watergate investigation—was post- poned. And Buchen was by some re- ports kicked upstairs; he kept his title and was given Cabinet rank, but Har- vard law professor Phillip Areeda was brought in to handle much of Ford's legal work. Some Ford supporters, in addition, were hoping that Haig would soon depart—presumably heading back to military life as NATO commander— and that the President would surround himself with more savvy advisers, such as former Defense Secretary Melvin Laird and NATO ambassador Donald Rumsfeld. FEET OF CLAY? Whatever he did to restructure his battered White House, Ford was no longer immune to criticism. In possibly the crowning indignity of the President's week, Nixon made another of his ram- bling telephone calls to a former associ- ate and complained about Ford's per- formance on the job—particularly the Vietnam amnesty plan. The strain was beginning to show on Ford. His state dinner for Israeli Prime Minister Yitzhak Rabin was somber in contrast with earlier White House galas. Ford himself looked tired, and his eyes were bloodshot. "He had everything going for him," lamented one of his staffers. "Now he's blown it." Perhaps. Certainly, the evolu- tion of Nixon's latest crisis would af- fect the way Ford's decision to pardon him will finally be judged. That Gerald Ford is no superman was bound to come out sooner or later. But both he and the country could have used a longer period free of fresh trauma. September 23, 1974