Richard Nixon's S.O.B.

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"Every president needs an S.O.B. — and I'm Nixon's."

H.R. Haldeman

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My family was still out of the country when former White House chief of staff H.R. Haldeman took the witness stand at the Senate Watergate Committee's hearings 40 years ago today so I didn't see him testify, but I'm sure he was quite a sight.

He always was in those days. He was kind of a Mephistopheles with a crewcut, I guess; with the German surname, he always seemed more sinister than the rest — to me, anyway. Maybe it was the influence of those World War II movies I watched as a child.

Haldeman and former White House aide John Ehrlichman were known as Richard Nixon's "Berlin Wall" because of their Germanic surnames and their tendency to restrict access to the Oval Office.

They also had the shared trait of unquestioned loyalty to their leader — even when that leader had forced them to resign only a few months earlier.

Haldeman's testimony had been eagerly anticipated because of his special position in the Nixon White House as chief of staff. The job was still new and evolving when Haldeman became chief of staff, but he appeared to relish its reputation as a presidential "gatekeeper."

It was said Haldeman was closer to Nixon than anyone else in the White House (with the possible exception of Nixon's wife). The word around Washington was that he was the first person to see Nixon each morning and the last to see him each night — and, because of the nature of his job, he saw Nixon many, many times in between.

It was to be expected, therefore, that he would be a Nixon defender on the stand. And he was.

"I have full confidence," he told the Watergate committee 40 years ago, "that when the entire truth is known, it will be clear to the American people that President Nixon had no knowledge of or involvement in either the Watergate affair itself or the subsequent effort of a 'coverup' of the Watergate."

Ironically, the Watergate figure with whom Haldeman probably had the most in common 40 years ago today — at least on the surface — was John Dean, who had testified a month earlier.

Both men delivered lengthy statements on their first days on the witness stand and answered questions on the other days. But that was where the similarities ended. Their stories were quite different.

In his statement 40 years ago today, Haldeman insisted that he and Richard Nixon had no knowledge of the Watergate break–in and that Dean had "badly misled" them. He also said he had listened recently to the tape of the March 21, 1973 meeting between Nixon and Dean in which Dean warned Nixon that there was a "cancer ... close to the presidency."

Haldeman observed that he had participated in part of that meeting but had missed the first hour — and the edited transcripts that Nixon released the following spring confirmed that.

Dean, Haldeman told the committee, "[had], in a number of instances, misinterpreted the intent or implications of things that might have been said."

Haldeman went on to say that "[h]aving observed the president all those years, in many different situations, it was very clear to me on March 21 that the president was exploring and probing; that he was surprised; that he was trying to find out what in the world was going on; he didn't understand how this all fit together, and he was trying to find out."

However, "It is impossible," wrote Theodore H. White, "to misinterpret the flow of [Dean's and Nixon's] conversation; the president [had] ordered Dean to buy time for him ..."

On the stand the next day, Haldeman vigorously denied participating in a coverup, then he wrapped up his testimony on the third day by describing his proposal to link Communist protests to the campaign for the Democrats' nominee, Sen. George McGovern of South Dakota.

But as each member of the committee took his turn questioning Haldeman, it was increasingly clear that Haldeman knew little (or said he knew little) of the important details of key events that other witnesses had described.

For example, Haldeman — a man known for taking meticulous notes on large legal pads — said he could not recall when he first heard of the Watergate burglary. Even Haldeman admitted that was "incredible."

Haldeman's opening statement may also have included the public unveiling of one of the most noxious justifications for Watergate that was offered by the Nixon White House. In an almost offhand kind of way, Haldeman alleged that the Democrats engaged in far more serious sabotage during the 1972 campaign than the Republicans.

Lowell Weicker, a Connecticut Republican (and an unsuccessful candidate for his party's presidential nomination in 1980) who loathed the Nixon White House and considered its behavior a betrayal of GOP principles, challenged Haldeman on that point. He produced a memo from Haldeman to Dean suggesting that Dean spread a story linking Communists to protests in which McGovern supporters also participated.

The inescapable conclusion — for anyone who had been paying attention to the hearings — was that the memo confirmed what Dean had said about paranoia in the White House in general and in Nixon's and Haldeman's minds specifically.

Perhaps the most astonishing revelation came when Haldeman spoke of the White House tapes.

In just a couple of weeks since they learned of the tapes' existence, the senators on the committee had clearly come to regard the tapes as crucial to their investigation, but they had been denied access to them. However, Haldeman spoke almost nonchalantly about keeping several of the tapes at his home in a 48–hour period earlier that month and listening to a specific tape at the president's request.

This was only a few months after Nixon had asked for and received Haldeman's resignation.

Haldeman's lawyer read into the record a White House letter instructing Haldeman not to discuss the contents of the tapes, but Haldeman seemed oddly eager to speak about them, anyway. He asserted that the tapes proved that Nixon did not know as much about the coverup as Dean had claimed.

Committee chairman Sam Ervin was skeptical, contending that the White House and Haldeman had done some "canoodling together" to leak a sanitized version of the tapes in the hearings while keeping the originals from the committee's scrutiny.

Weicker wondered aloud how the White House could justify letting Haldeman listen to the tapes while denying that privilege to Dean and the others.

Sen. Daniel Inouye was skeptical that anyone could be sure the tapes had not been tampered with while they had been unguarded in Haldeman's possession.

And majority counsel Sam Dash pondered the question of how Nixon could claim the tapes were confidential when he allowed Haldeman — a private citizen at that point — to keep some in his home.

There were no answers from Richard Nixon's S.O.B.

The Empire Strikes Back

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"You will be better advised to watch what we do instead of what we say."

John Mitchell
July 1969

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John Dean had wrapped up his testimony about a week and a half earlier, and Congress had adjourned for its July 4 recess.

When the Senate Watergate Committee resumed its business 40 years ago today, the former attorney general of the United States and former manager of Richard Nixon's re–election campaign, John Mitchell, was scheduled to testify. He testified for three days.

Mitchell and Nixon were friends before Nixon became president. They had been friends since 1946, and they were colleagues on the same law firm before Nixon launched his second campaign for the presidency. Mitchell managed Nixon's successful 1968 bid and Nixon's re–election campaign in 1972 as well.

For whatever reason, Mitchell had Nixon's full confidence. Many Americans did not realize this 40 years ago, but Mitchell seemed to understand Nixon's personality — and, as a result, occupied a unique role among Nixon confidantes.

He might have been better suited to be Nixon's chief of staff, but I suppose Nixon was drawn to Mitchell's accomplishments in the legal field.

When Mitchell joined Nixon's New York law firm in 1967, he occupied the office adjacent to Nixon's, Theodore White wrote in "Breach of Faith." The men had several things in common, White wrote — born only eight months apart, they were of the same generation, and both had been veterans of World War II.

"Nixon was lonely in New York," White wrote. "[H]e enjoyed visits to Mitchell's country home ... where he could pound the piano. Tart–tongued, bald–headed, Mitchell had an almost roguish charm — and an air of tough, unruffled calm. Smoking his pipe, he would sit at a conference table, almost always speak last, then speak with apparent good sense."

In his book about the 1972 campaign, White wrote that Mitchell was the "[h]ardest of all the hard men around the president, by far," and that truly was something in the Nixon White House. "[H]e was as charming a conversationalist as one could meet," White wrote, "and at the same time as cold a personality as one ever encounters in politics."

I didn't see Mitchell's testimony when it happened, but I saw clips from it many times after. And I would agree with White's assessment. Mitchell's cold public persona came across loud and clear.

When Mitchell began his testimony 40 years ago today, he was almost surely the most well–known representative of the Nixon administration to appear. Dean had made an instant splash because he was the first to point the finger at Richard Nixon. For that reason, more than any other, there had been much anticipation of his appearance. But he was virtually unknown before his testimony.

Two big names who would follow Mitchell into the witness chair in July 1973 — Bob Haldeman and John Ehrlichman — were highly placed Nixon loyalists, too, but they were not as well known. Like so many other things that summer, the relative anonymity of Haldeman and Ehrlichman would soon be things of the past, but, on this day in 1973, Mitchell was probably the most effective witness to make the case for Nixon in the aftermath of Dean's testimony.

And he took a bullet for Nixon 40 years ago today. He accused Magruder of lying in his testimony, and he disputed what Dean had said.

(Mitchell had a way with words. He was the one who labeled administration activities "White House horrors." It was a phrase members of the committee used when questioning Mitchell — sometimes incorrectly, in Mitchell's view. When Sam Dash, counsel for the majority, used the phrase in a reference to the Watergate break–in, Mitchell corrected him: "Those are not the White House horrors, Mr. Dash." The distinction? The planning of such an operation was a "White House horror;" the actual carrying out of the plan was not.)

But Mitchell's smug, often arrogant attitude, which may have been appropriate for a courtroom, made it hard for anyone, even Nixon's defenders on the Senate committee, to like him.

Dash asked Mitchell at one point about a meeting he had with G. Gordon Liddy at which illegal activities were discussed, "[W]hy didn't you throw Mr. Liddy out of your office?"

"Well, I think, Mr. Dash," Mitchell replied, "in hindsight I not only should have thrown him out of the office, I should have thrown him out of the window."

The remark drew a smattering of apparently sympathetic — and somewhat nervous — laughter.

"Well, since you did neither ..." Dash said as the committee room erupted in loud laughter, refusing to be diverted from his point, " why didn't you at least recommend that Mr. Liddy be fired from his responsible position at the [president's re–election] committee since obviously he was presenting to you an irresponsible program?"

To which Mitchell replied, "Well, in hindsight I probably should have done that, too."

Folks became more familiar with Haldeman and Ehrlichman when Mitchell testified for a second day.

After he returned to the stand, Mitchell said that Haldeman and Ehrlichman did participate in a coverup, but they did so to protect Nixon.

But first, he had to answer a question from Hawaii Sen. Daniel Inouye, who observed that Mitchell had testified that he regarded Nixon's re–election to be so important that he was "willing to engage in activities which have been well described as being irregular."

"To what length are you now willing to go to deceive in an effort to avoid further implication of the president in the activities under investigation by this panel?" Inouye asked. "More specifically, are you willing to lie to protect the president?"

"I do not have to make that choice," Mitchell answered, "because, to my knowledge, the president was not knowledgeable."

After being grilled by the committee chairman, Sen. Sam Ervin, on decisions he had made following the Watergate break‐in, Mitchell remarked, "It is a great trial being conducted up here, isn't it?"

On his third day of testimony, Mitchell was questioned about conflicts in his testimony and vigorously defended his credibility.

I have often wished that I could have seen Mitchell's testimony when it was happening because I get the feeling, from seeing brief video clips and reading transcripts of his testimony, that he wasn't persuasive.

If anything, he struck me as being evasive. I always thought he was a weaselly sort.

"[Y]ou enjoy the distinction ... that it was your purpose not to volunteer anything," Dash said at one point. "Is there a distinction between your not volunteering anything and lying? If you do not volunteer an answer to a direct question, you might say you do not volunteer anything, but actually you are lying."

Mitchell's reply? "I think we would have to find out what the specifics are, what the particular occasion and ..."

See what I mean?

Reasserting That the People Rule

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"We are beginning these hearings today in an atmosphere of the utmost gravity. The questions that have been raised in the wake of the June 17 break–in strike at the very undergirding of our democracy. If the many allegations made to this date are true, then the burglars who broke into the headquarters of the Democratic National Committee ... were in effect breaking into the home of every citizen of the United States. And if these allegations prove to be true, what they were seeking to steal was not the jewels, money or other property of American citizens but something much more valuable — their most precious heritage, the right to vote in a free election."

Sen. Sam Ervin
May 17, 1973

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Forty years ago today, the Senate Watergate Committee held its first session.

(I'm going to resist the temptation to compare what began four decades ago today to the scandals that have been erupting in Washington recently — even though there are many initial similarities. The scandals will only prove to be truly comparable if they play out like Watergate did.)

I doubt that very many Americans realized at the time where the road on which the committee had taken the nation would lead. Initially, President Nixon appeared to be insulated from the unsavory activities that had led to the Watergate break–in — just as Barack Obama today claims to have beeen unaware of what was done in his name. All the highest–ranking officials insisted that, even if they acknowledged their own culpability, the president was guiltless.

It would be more than a month before John Dean's testimony would directly challenge Nixon's stated version of events. It would be about two months before the existence of a taping system in the Oval Office — and, therefore, the existence of evidence that could confirm whether Dean's version or Nixon's was correct — became public knowledge.

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Those things happened during the Watergate Committee's work in the summer of 1973.

The hearings that summer were a genuine sensation. Years before cable TV, decades before the internet, people were bringing portable TVs to their workplaces to follow the testimony. Drivers were listening to the hearings on their car radios.

On a retrospective on Watergate I watched once, I heard Washington Post editor Ben Bradlee say that, at the height of the hearings, he could walk from his newsroom to the street, where he could get a taxi and take it anywhere in the city, and he could get out and walk along any street and never miss a beat in the coverage, so pervasive was the coverage by the media of the day.

But that was later.

On this day in 1973, I couldn't say how many Americans were watching. In my hometown, school had not yet dismissed for the summer — as I recall, the dismissal of school came in late May — so I would have been in school on the day the hearings began. My mother was at home in those days, but I have no memory of coming in from school that afternoon and finding her watching the TV. Perhaps she was, but I was a child and the weather was probably nice, and I probably did what I usually did after school on nice days at that time in my life.

I probably played baseball with the neighborhood kids until our parents called us in for dinner or until the sun went down.

Which means I probably made a beeline for my room, put on my rattiest clothes and went back outside to take advantage of what remained of daylight.

I have no memory of the opening statement by the chairman of the committee, Sen. Sam Ervin of North Carolina.

But, as I read it now, four decades after the fact, I am struck by the timelessness of the message — Ervin's assertion that "the right to vote in a free election" is more valuable than jewels or money or property.

Over time, fame and fortune have become part of the American dream, but the original American dream was to have a land where power resides with the people. Individual affluence has nothing to do with that.

It just doesn't get any more basic than that. It has always been at the heart of America, from the earliest days when America was little more than an idea right up to modern times, that the people rule here — and they wield their power through the ballot box.

That isn't always good news for incumbent officeholders — but America isn't about them.

A Not-So-Simple Country Lawyer

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"I used to think that the Civil War was our country's greatest tragedy, but I do remember that there were some redeeming features in the Civil War in that there was some spirit of sacrifice and heroism displayed on both sides. I see no redeeming features in Watergate."

Sam Ervin
(1896–1985)

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This would have been the 115th birthday of a man who was widely regarded as a national hero when I was a boy but who seems to be largely forgotten today — Sam Ervin.

He called himself a "simple country lawyer" from North Carolina, the state he represented in the U.S. Senate for 20 years, but that didn't do justice to the man or his life's achievements.

He graduated from Harvard Law School, and he liked to joke that he completed the work "backwards," taking the third–year courses first, the second–year courses second and the first–year courses last. I'm not sure how he managed to do that, but apparently he did. He even passed the bar before he finished his work on his law degree.

Many great legal minds have spent all or part of their careers in Washington, D.C., but Ervin's was one of the finest — and perhaps its most noble characteristic was its willingness to embrace the kinds of shifts and changes that are inevitable in a diverse, pluralist system.

For many years, "Senator Sam," as he was affectionately known when he chaired the Senate's Watergate investigation committee, was a defender of segregation and the Jim Crow laws that still defined much of the South in the first half of the 20th century — but he changed his position and became a champion of civil liberties.

I've always felt that was a hallmark of an intelligent, mature person — the ability to keep an open mind, to concede when one has been wrong and to change one's position when facts and/or times change. Frankly, I have known few such people in my life.

I'm sure it would have been enlightening to hear Ervin's thoughts on 21st century America and the world.

But perhaps not.

Senator Sam was a man of his times, a product of his times. He was born in the late 19th century — before cars and airplanes, before radio and long before television. He suited the people he represented — but their descendants may or may not have been comfortable with him.

They might have been, though.

Admittedly, Senator Sam wasn't flashy, which might have been a severe strike against him in an internet–and–iPhone–dominated era, and it was indisputably true that he was a country lawyer — albeit one with a degree from Harvard — but he was far from simple.

He possessed a kind of wisdom that was once called common sense.

It never goes out of style — but sometimes (like now) it is in short supply.