BGuthrie Photos: DC -- Heritage Foundation -- Geoff Shepard ("The Real Watergate Scandal")

DC -- Heritage Foundation -- Geoff Shepard ("The Real Watergate Scandal"):

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Description of Pictures: The Real Watergate Scandal: Collusion, Conspiracy, and the Plot That Brought Nixon Down, featuring author Geoff Shepard
The Watergate cover-up trial is one of the most dramatic political show trials in modern American history. It resulted in the convictions on all counts of President Nixon’s top aides: John Mitchell, Bob Haldeman and John Ehrlichman.
In The Real Watergate Scandal, Geoff Shepard sets forth and documents due process violations during the proceedings and argues that the defendants’ Fifth and Sixth Amendment rights to a fair trial were trashed in the process. He describes over a dozen secret meetings between judges and Watergate prosecutors or other interested parties in advance of trial.
Hosted by:
John Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and the Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation

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Specific picture descriptions: Photos above with "i" icons next to the bracketed sequence numbers (e.g. "[1] ") are described as follows:
1. SHEPAR_160310_054.JPG: (left to right) John Malcolm, John Edward Hilboldt (oversees The Heritage's Foundation's Lectures and Seminars Program), and Geoff Shepard
2. SHEPAR_160310_070.JPG: John Malcolm
3. SHEPAR_160310_186.JPG: Tragedy Defined In classic Shakespearean tragedies, a prominent hero (but not necessarily a virtuous one) somehow offends the moral order, and is punished in a manner that is out of all proportion to that offense. The hero's fall is not due to personal vice or depravity, but to some error in judgement or frailty -- a fatal flaw. The attraction to the audience is watching the hero's valiant but ultimately unsuccessful struggle to avoid his predestined demise. In the end, however, the audience is left with an overwhelming sense of waste.
4. SHEPAR_160310_255.JPG: Nixon vs Liberal Eastern Establishment * 1929: Nixon Wins Harvard Scholarship * 1948: Nixon's Takedown of Alger Hiss * 1960: Kennedy's Takedown of Nixon * 1968: Nixon's Amazing Comeback * 1974: Watergate's Takedown of Nixon
5. SHEPAR_160310_258.JPG: Alger Hiss (JD '29) * Frankfurter (JD '05) protege, clerked for Oliver Wendell Holmes (AB, 1861) * Key positions in Truman State Department * President of Carnegie Endowment for Int'l Peace * Communist Spy; 1948 Perjury Conviction
6. SHEPAR_160310_314.JPG: James Goodale on Nixon As a teenager I followed the Hiss case as carefully as an average kid might follow his favorite baseball team. I knew all the players and all the events. In the liberal circles of Cambridge, Massachusetts, where I grew up, Nixon and Chambers were viewed as villains. They were out to destroy the liberal establishment. No one in Cambridge could believe that Hiss had been a spy. Almost everyone seemed to believe that someone else, like Hiss' wife Priscilla, must have copied the government's papers, and that Hiss was protecting her. Nixon seemed to be right in this particular case, but I developed an extraordinary loathing for him. He symbolized for me everything that was wrong with the Republican Party. He was extremely threatening to what I thought was the best part of America -- the liberal Eastern establishment. James Goodale From Wikipedia, the free encyclopedia James C. Goodale (born July 27, 1933) was the former vice president and general counsel for The New York Times and, later, the Times' vice chairman. He is the author of Fighting for the Press: the Inside Story of the Pentagon Papers and Other Battles. The book was named twice as the best non-fiction book of 2013 by Alan Rusbridger, editor in chief of The Guardian, and Alan Clanton, editor of the online Thursday Review. The U.S. Court of Appeals for the Second Circuit cited "Fighting for the Press" in its decision May 7, 2015, limiting the controversial National Security Agency (NSA) domestic phone monitoring program. He represented the Times in four of its United States Supreme Court cases, including Branzburg v. Hayes in which the Times intervened on behalf of its reporter Earl Caldwell. The other cases were New York Times v. Sullivan, New York Times Co. v. United States (the Pentagon Papers case), and New York Times Co. v. Tasini. He was the leading force behind the Times' decision to publish the Pentagon Papers in 1971. After the Times' outside counsel, Lord Day & Lord, advised the Times against publishing classified information and quit when the United States Justice Department threatened to sue the paper to stop publication, Goodale led his own legal team and directed the strategy that resulted in winning the Supreme Court case of New York Times Co. v. United States. He has been called "the father of the reporter's privilege" because of his interpretation of the Branzburg case in the Hastings Law Journal. This led to the establishment of a reporter's privilege to protect sources in most states and federal circuits. Goodale created the specialty of First Amendment law among commercial lawyers. From 1972-2007 he established and chaired an annual Communications Law Seminar at the Practising Law Institute. This led to the creation of a First Amendment Bar. He continues to serve as the seminar's chairman emeritus. After he left The New York Times in 1980, he joined the law firm of Debevoise & Plimpton LLP in New York City. there he founded a corporate group and a litigation group dealing with media, communications, and the First Amendment. These groups have represented many well-known U.S. communication entities including the New York Times, CBS, and NBC. He served as chairman of the board for the Committee to Protect Journalists from 1989 - 1994. During his tenure he built CPJ into a significant international force, instrumental in the release of imprisoned journalists around the globe. From 1995-2010 he produced and hosted over 300 programs for Digital Age on WNYE-TV, a TV show about the effect of the internet on media and society. Since 1977 he has taught First Amendment and Communications law at Yale, New York University and Fordham law schools and has authored over 200 articles in publications such as The New York Times, The New York Review of Books, and the Stanford Law Review. Columbia Journalism Review has listed James Goodale as one of 200 who shaped New York Media. He was named by Time magazine in 1974 as one of the rising leaders in the United States. Goodale was the recipient of the "Champion of the First Amendment Award," from the American Bar Association Forum in February 2014. On May 5, 2015, PEN America awarded the 2015 PEN/Toni and James C. Goodale Freedom of Expression Courage Award to the French satirical weekly, Charlie Hebdo. Many of that magazines' editors had been killed in a homegrown jihadist terrorist attack. The award caused an international controversy as to whether it should have been given to Charlie Hebdo. Over 200 writers signed a protest against the award and many withdrew from the PEN dinner at which the award was given. In reply to attack on the award given by him and his wife, Goodale said, "the award is not for what is said. It's for the right to say it. In this case, journalists got killed for what they said. They should be honored, and my wife and I are extremely proud to do that."
7. SHEPAR_160310_430.JPG: Judge Sirica's Secret Ex Parte Meetings Leon Jaworski Samuel Dash Archibald Cox Earl Silbert Clark Mollenhoff Edward Bennett Williams
8. SHEPAR_160310_432.JPG: Judge Sirica: * Became enamored of his public acclaim and played to the media. Saw himself as an avenging angel in search for truth. * Met secretly with prosecutors and other interested parties to work out issues in advance of trial. * Reached secret pact with prosecutors that indictments would come in time to appoint himself to preside over the cover-up trial. * Temporarily sentenced Dean to harsh prison term for the admitted purpose of increasing his witness credibility.
9. SHEPAR_160310_446.JPG: Kennedy/Johnson Department of Justice
10. SHEPAR_160310_457.JPG: Reaching Nixon "at all cost" Watergate prosecutors secretly assured the Court and the Congress that Nixon had personally ordered payment of Howard Hunt's blackmail demands. * They assured the grand jurors, who promptly named Nixon as a co-conspirator in their indictment. * They assured the House Judiciary staff, who promptly recommended Nixon's impeachment. In fact, Nixon had done no such thing.
11. SHEPAR_160310_461.JPG: Special Prosecutors: * All Ivy staff, whose leadership came from Kennedy/Johnson Department of Justice. * Met secretly with Judges Sirica and Gesell to resolve issues in advance of the trials. * Indicted Republican Colson, but not Democrat Bittman, for improper and partisan reasons. * Withheld exculpatory information regarding prior inconsistent statements by Dean and Magruder. * Met secretly with Judge Bazelon to urge stacking the deck for appellate reviews.
12. SHEPAR_160310_507.JPG: Truth, Justice, and the American Way This was a hostile takeover, without an election. If no one is held responsible, it could well happen again. Truth: Get the truth out for everyone to see: (a) Release Grand Jury Transcripts: What was the GJ [grand jury] told that led them to name Nixon as a co-conspirator? (b) Unseal HJC Records: What evidence did the Special Prosecutor share with the HJC staff that led them to recommend impeachment? Justice: The Watergate cover-up verdicts are hopelessly tainted and should be challenged by Writ of Coram Nobis. Apology: America owes Richard Nixon an apology. Coram nobis From Wikipedia, the free encyclopedia The writ of coram nobis (also known as writ of error coram nobis, writ of coram vobis, or writ of error coram vobis) is the name of a legal order allowing a court to correct its original judgment upon discovery of a fundamental error which did not appear in the records of the original judgement's proceedings and would have prevented the judgment from being pronounced. The term "coram nobis" is Latin for "before us" and the meaning of its full name, quae coram nobis resident, is "which [things] remain in our presence". The writ of coram nobis originated in the English court of common law in the English legal system during the sixteenth century. The writ of coram nobis still exists today in a few courts in the United States. In 1907, the writ became obsolete in England and replaced by other means of correcting errors; however, the writ survives in the United States in various forms in thirteen states courts, the District of Columbia courts, and US federal courts. For those courts with the authority to issue a writ of coram nobis, the rules and guidelines differ – sometimes significantly. Each state is free to operate its own coram nobis procedures independent of other state courts as well as the federal court system. In other words, the criteria required to issue the writ in one state (or federal) court system, is different from the criteria required to issue the writ in a different court system. A writ can only be granted by the court where the original judgement was entered, so those seeking to correct a judgement must understand the criteria required for that specific court.
13. SHEPAR_160310_529.JPG: Key White House Tapes 6/17/72: Watergate Break-in Arrests * 6/20/72: 18-1/2 Minute Gap * 6/23/72: Smoking Gun 3/23/73: Break-In Sentencing Day (Cover-up Collapse) * 3/21/73: Cancer on the Presidency * 3/22/73: Stonewall Quote 7/24/74: Decision in US v Nixon * 8/5/74: Release of Smoking Gun Transcript * 8/8/74: Nixon Announces Resignation
14. SHEPAR_160310_551.JPG: Dean on the Smoking Gun Defense The Nixon Defense (2014) When revealed by order of the US Supreme Court in late July 1974, this became known as the "smoking gun" conversation, because it was viewed as hard evidence, demonstrating beyond question, that Nixon's final defense about the Watergate break-in was bogus, which doomed the Nixon presidency. Ironically, this conversation has been mistakenly understood as an effort my [by] Nixon and Haldeman to shut down the FBI's entire Watergate investigation. This appears to be the case only when viewed out of context. In August 1974, when the conversation was revealed, and Nixon and his lawyers had to focus on this conversation, he had long forgotten what was actually involved; they assumed it had the same meaning as everyone else. In reality, it was only an effort by Haldeman to stop the FBI from investigating an anonymous campaign contribution from Mexico that Justice Department prosecutors had already agreed was outside the scoop [scope] of the Watergate investigation. In fact, this conversation did not put the lie to Nixon's statements, and had Nixon known that he might have survived its disclosure to fight another day. In short, the smoking gun was shooting blanks. [Footnote at pp. 55-56] Note, the actual quote, in John Dean's "The Nixon Defense Deluxe: What He Knew and When He Knew It" is similar but not identical to what was shown in the slide. When revealed by order of the US Supreme Court in late July 1974, this became known as the "smoking gun" conversation, because it was viewed as hard evidence, demonstrating beyond question, that Nixon's final defense about the Watergate break-in in his April 30, 1973, speech, followed by his May 22, 1973, statement was bogus, which doomed the Nixon presidency. Ironically, this conversation has been mistakenly understood as an effort my by Nixon and Haldeman to shut down the FBI's entire Watergate investigation. This appears to be the case only when viewed out of context. In August 1974, when the conversation was revealed, and Nixon and his lawyers had to focus on this conversation, he had long forgotten what was actually involved; they assumed it had the same meaning as everyone else . In reality, it was only an effort by Haldeman to stop the FBI from investigating an anonymous campaign contribution from Mexico that the Justice Department prosecutors had already agreed was outside the scope of the Watergate investigation. In approving this action, however, Nixon slightly expanded the request, saying that the FBI should also stay out of Howard Hunt's CIA-related activities. In fact, this conversation did not put the lie to Nixon's April 30 and May 22, 1973, statements, and had Nixon known that he might have survived its disclosure to fight another day. This is not to say, however, that Nixon's April 30 and May 22, 1973, statements were not a lie, as countless other conversations later revealed. In short, the smoking gun was only firing blanks.
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Featured Folk: Some of the people here can also be seen on other pages on this site.
- Shepard, Geoff appears on:
  - 2018_DC_Branches37_180430 Nixon Legacy Forum & Natl Archives -- Building the Branches: How Nixon Worked with a Democratic Congress
  - 2014_DC_Vietnam37_141205 Nixon Legacy Forum & Natl Archives -- Vietnam and the Paris Peace Accords
  - 2012_DC_Peace37_120423 Nixon Legacy Forum & Natl Archives -- Waging Peace -- Nixon and Geopolitics in the Middle East
  - 2011_DC_Labor37_111205 Nixon Legacy Forum & Natl Archives -- Labor and Employment Policy in the Nixon Administration (w/William Kilberg, Ann McLaughlin, Michael Moskow, and Laurence Silberman)
  - 2011_DC_Courts37A_111117 Nixon Legacy Forum & Natl Archives -- Nixon and the Courts
  - 2011_DC_ColdWar37_110527 Nixon Legacy Forum & Navy Memorial – Richard Nixon as Cold War Strategist
  - 2011_DC_Writing37_110418 Nixon Legacy Forum & Natl Archives – Writing For 37
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