Mai Tax Deal Called flea21a An Expert Testifies `Massacre' Traced By John P. MacKenzie By Jules Witcover Washington Post Staff Writer Washington Post Staff Writer The former chief prosecutor of federal The "Saturday Night Massacre" of last tax evaders has told the House Judiciary Oct. 20—the firing of Watergate Special Committee that if President Nixon were Prosecutor Archibald Cox that set im- an ordinary taxpayer his case "would be peachment fever burning on Capitol referred out for presentation to a grand jury for prosecution." Hill—was the culmination of 'months of This conclusion, disclosed in the com- seething at the White House over Cox' mittee's summary of impeachment evi-. unyielding persistence. dente, was given by Fred G. Folsom, who Evidence compiled in the House Ju- served in the Kennedy, Johnson and Nixon administrations as head of the diciary Committee's impeachment inquiry criminal section of the Justice Depart- into President Nixon's dealings with Cox ment's Tax Division. and his successor, Leoh Jaworski, released Folsom, who retired last year and still today, chronicles a long test of wills and serves as a Justice Department consul- tempers between a President determined tant, gave the committee his judgment not to yield White House tapes and two last month in previously secret testi- prosecutors determined to make him mony. do so. The legal opinion concerned Mr. Nix- Cox particularly irritated Mr. Nixon, on's purported 1969 gift of pre-presiden- who. feared Cox was broadening the tial papers to the National Archives and Watergate investigation into unrelated the $576,000 deduction he claimed for aspects of the President's activities, Ju- them. diciary's 1,069-page documentation of this A proposed article of impeachment re- phase of the impeachment inquiry shows. See TAX, All, Col. 1 See COX, All, Col. 5 Excerpts of evidence and draft articles of impeachment begin on Page Al2. COX, From AL. told him that in stating three days ear- papers that I shall undoubtedly have lier that he was waiving executive occasion to make ..." The evidence is in two thick vol- privilege for White House aides giving On July 16, 1973, former White Mines made public by the committee testimony on Watergate, "his state- House aide Alexander Butterfield re- as part of the material in the case ment did not mean that there would be vealed that presidential conversations against Mr. Nixon.. any such waiver of executive privilege had been taped in the White House, As early as July, 3, .1973, according as to documents. I was not aware until and two days later Cox wrote to Bu- to• an affidavit by Elliot L. Richardson, • then that the word 'testimony' had zhardt asking for eight of them. It who resigned as Attorney General on been used advisedly ..." proved to be the beginning of the end Oct. 20 rather than fire Cox, Mr. Nixon Five days later, fresh on the job, Cox for Cox. was transmitting warnings that if Cox phoned and then wrote to J. Fred Buz- On July 20 he wrote asking Buzhardt persisted he would be thrown out. hardt, the President's counsel, and to "take all necessary steps" to safe- The Richardson affidavit recounts impressed upon him his concern that guard, the tapes. Buzhardt tersely how White House chief of staff Alex- "all files in the White House affecting replied: "The President has sole per- ander M. Haig Jr. called him on July the Watergate investigation and other sonal control of those tapes and they 3 of last year _complaining about a, matters within my jurisdiction" be se- are -being adequately protected under newspaper story reporting that Cox cure. secure conditions?' was investigating expenditures at Mr. "I requested you to be sure that On July 21, Buzhardt wrote to Cox .Nixon's San Clemente home. When steps had been taken to ensure that apologizing for the delays and citing Richardson checked with Cox and was nothing was put into or taken out of the pressures on Mr. Nixon, who had told Cox merely was having press any of those files," Cox wrote in a just met with Soviet Communist Party clippings collected on San Clemente, clearly firm vein. "I would also like to leader Leonid I. Brezhnev. But within –Haig asked for a statement from Cox know, as I told you, exactly what secu- two days, White House special counsel that he was not investigating San rity measures are in force ... Incident- Charles Alan Wright was writing to Clemente, , tally, it . would be helpful to know Cox telling him flatly that the Presi- "Genertil Haig said that he was not when these security measures were dent would not make the tapes avail- sure the President was not going to put into effect." able; on grounds that the confidential- move on this to discharge Mr. Cox, Buzhardt replied that . the files of ity of presidential conversations had to and that it could not be a matter of H. R. (Bob) Haldeman, John D. Ehrlich- be preserved. This was the same day, Cox' charter to investigate the Pres- man and John W. Dean III, all of the Richardson affidavit says, that ident of the United States," Richard- whom resigned on April 30, 1973, were Haig phoned Richardson and told him son said in the affidavit. placed first under FBI protection and the President was "up tight" about Richardson said Cox agreed to make then the Secret Service. Cox. a statement, but it was considered in- "The foregoing is submitted for your But Cox would not back off. On July adequate by Haig, and the President information," Buzhardt replied in the 25, when Buzhardt wrote him that Mr. "broke in on the conversation. The same stiff tone. "The handling, protec= Nixon would be making a public state- President said that he wanted a state- tion and disposition of presidential pa- ment about Dean's testimony, Cox ment by Mr. Cox making it clear that pers is, of course, a matter for decision replied: "Having noted .my skepticism, Mr. Cox .was not investigating San Cle- of the President.". This last obviously I am willing to wait until the public mente, and he wanted it by 2 o'clock." was a' reassertion of jurisdiction. statement is made—assuming that it The statement was produced. Fonr days later, on June 4, 1973, Cox comes reasonably soon—before reach- At the time of the calls to Richard- was back at Buzhardt again: "Your an- ing a conclusion or renewing my previ- son from Haig and Mr. Nixon, the At- swer to my reqtiests seems a little too ous request" On the same day, Mr. torney General was learning for the vague, although perhaps this results Nixon informed U.S. District Court first time from Baltimore federal pros- only from a casual difference in choice Chief Judge John J. Sirica he would ecutors that then ViCe President Spiro of words. In any event, we must pin not obey Cox' subpoena for the tapes. T. Agnew was under criminal investi the question down much more pre- Through August and September the gation in a Maryland contract kick- cisely." impasse continued, and the tempers back scandal. Richardson told an aide. Bushardt had written that files of mounted as Cox made his requests for later that the President's badgering the departed staff members could be information and the White House re- about Cox nearly persuaded him to re examined by them, but only "in the buffed or ignored him. But when Sir- sign that day. presence of a Secret _Service agent." ica on Aug. 29 ordered the President The Richardson affidavit reports an- Cox wrote back that such presence to sumbit the subpoenaed tapes for his other Haig phone call three weeks "does not guarantee that nothing Will review in chambers and the White later, on July 23, 1973, informing him be taken out or put into the files, or fn House sought a vacating order, the "that the boss' was very 'up tight' any, other way altered." matter approached a climax. about Cox and complaining about As early as Arne 27, 1973, Cox zeroed On Oct. 12 the U.S. Court of Appeals some of his activities, including letters in on the President personally, writing ordered Mr. Nixon.to comply; on Oct. to the IRS and the Secret Service from to Buzhardt after John Dean had testi- 15, after considering a plan to produce the special prosecutor's office seeking fied before the Senate Watergate com- a version of the tapes and then fire Information on guidelines for elec- mittee and asking Mr. Nixon to furnish Cox — rejected by Richardson under tronic surveillance. ' "a detailed narrative statement' cover- threat of resigning — a compromise "General Haig told me that 'if we ing the conversations and, incidents was offered whereby Sen. John C. have to have a confrontation we will mentioned in John Dean's testimony." Stennis, (D-Miss.) would listen' to the have it.' General Haig said that the ("The fact that a crucial witness in tapes and verify their accuracy. Rich- President wanted 'a tight line drawn this investigation is the President does ardson agreed, but Cox would not; Mr. with no further mistakes,' and that `if not make his testimony any less impor- Nixon ordered first Richardson and Cox does not agree, we will get rid of tant to the administration of justice," then Ruckelshaus to fire Cox, and all Cox.' " Conderning letters sent to Cox wrote. "Nor can I assumelhat the three went out in the "Saturday Night Treasury Department agencies, Rich- President is unwilling to contribute all Massacre." ardson said, Cox agreed they "had the information he has to the ascer- been over In the ensuing uproar, the President I Stated." tainment of the Truth." turn over the tapes three Finally, Richardson's affidavit says, By July 10, Cox was really preSsing agreed to "in late September or early October, hard, threatening to complain publicly days later, and• Cox' successor, Jawor- ,A973,.