II.

The White House Tapes

The testimony of White House aide Alexander Butterfield unlocked the entire investigation. On July 16, 1973, Butterfield told the committee, on nationwide television, that Nixon had ordered a taping system installed in the White House to automatically record all conversations; what the president said and when he said it could be verified. Cox immediately subpoenaed eight relevant tapes to confirm Dean’s testimony. Nixon refused to release the tapes, claiming they were vital to the national security. U.S. District Court Judge John Sirica ruled that Nixon must give the tapes to Cox, and an appeals court upheld the decision.

Nixon held firm. He refused to turn over the tapes and, on Saturday, October 20, 1973, ordered Richardson to dismiss Cox. Richardson refused and resigned instead, as did Deputy Attorney General William Ruckelshaus. Finally, Solicitor General Robert Bork discharged Cox.

A storm of public protest resulted from this Saturday Night Massacre. In response, Nixon appointed another special prosecutor, Leon Jaworski, a Texas lawyer, and gave the tapes to Sirica. Some subpoenaed conversations were missing, and one tape had a mysterious gap of 18y minutes. Experts determined that the gap was the result of five to nine separate erasures.

In March 1974 a grand jury indicted Mitchell, Haldeman, Ehrlichman, and four other White House officials for their part in the Watergate cover-up and named Nixon as an “unindicted co-conspirator.” In April the House Judiciary Committee subpoenaed the tapes of 42 White House conversations. At the end of that month, Nixon released edited transcripts of the White House tapes. The conversations revealed an overwhelming concern with punishing political opponents and thwarting the Watergate investigation. The Judiciary Committee, however, rejected Nixon’s edited transcripts, saying that he did not comply with their subpoena.

In April 1974 Sirica, acting on a request from Jaworski, issued a subpoena for the tapes of 64 presidential conversations to use as evidence in the criminal cases against the indicted officials. Nixon refused, and Jaworski appealed to the Supreme Court to force Nixon to turn over the tapes. On July 24, the Supreme Court voted 8-0 in the United States v. Nixon that Nixon must turn over the tapes.

On July 29 and 30, 1974, the House Judiciary Committee approved three articles of impeachment, charging Nixon with misusing his power in order to violate the constitutional rights of U.S. citizens, obstructing justice in the Watergate affair, and defying Judiciary Committee subpoenas. For Nixon to actually be impeached, however, required a vote of the full House of Representatives.