Richard Nixon awoke in the morning, went through his usual breakfast of grapefruit and cereal, and headed down to the Oval Office. The situation in the Med was getting worse, and Kissinger was getting nervous, so Nixon told him to fly to Moscow and tell the Soviets directly that they needed to back down before things got out of control. The Israeli counterattack was in full force, as they daringly had gone straight down the middle of the Egyptian line and crossed the Suez in force, despite the potential risk to their flanks from the Egyptian Army. The Israeli commanders considered the Egyptian Army to be a spent force at this point, and wanted to make the point that they were keeping the Sinai. On the Golan, the Syrian advance that had caused Israel to go to its version of DEFCON 1, with armed nuclear warheads ready to turn the Middle East into a funeral pyre, had been blunted, with Israel driving into Syrian territory along a narrow axis. That drive had been counterattacked by Saudi, Iraqi and Jordanian forces sent to aid Syria, causing the Israelis to withdraw to the Heights. The entire war was turning into a bloody stalemate now, despite Israeli attempts to break the Arabs. For the first time in the 35-year history of the Israeli nation, the Arabs had struck first, and were receiving steady resupply from the Soviets. The Israelis had better training and tactics, but the numbers were making a difference for the Arabs. The big question was whether the Soviets would directly intervene to protect their client states, and the level of activity by their Mediterranean fleet continued to grow. There had already been several close calls where Soviet planes and ships caused near-collisions with their tactics.
Meanwhile, Fred Buzhardt was feverishly trying to get Cox to change his mind on the tapes issue. Buzhardt had already gotten the agreement of Sam Ervin and the Watergate committee, because Ervin and Stennis were friends, and collegiality ruled in the Senate. The House Judiciary Committee was filled with firebrands elected the year before on the Democratic side, and while chairman Peter Rodino was trying to compromise with the White House, it was unlikely that he could bring his members into line. A failure to do so would mean that articles of impeachment would follow, something Buzhardt did not want at all. Carl Albert watched over this with a worried eye, thinking about his conversation with Connally and the agreement they had. If Nixon pushed too hard, the caucus might just refuse to confirm anyone, and then Albert himself would ascend to the Presidency, something he had no desire to do, as he felt the nation wouldn’t stand for it. Why risk a congressional majority over something so rash?
Buzhardt didn’t know about Connally’s talk with Nixon the night before, nor did Haig. Buzhardt had to work alone, because Haig and Kissinger’s deputy as National Security Adviser, Lieutenant General Brent Scowcroft, were trying to manage Operation Nickel Grass (the resupply of Israel). When Buzhardt went to see the President around noon, he did so lacking knowledge that might have changed his presentation and recommendation to Nixon. As it were, he suggested that the President abandon the Stennis Plan and, instead, ask Richardson to review the tapes first for excisions before turning them over. The Attorney General was trusted by everyone as an honorable man, and Buzhardt wanted to play on that, use the man’s honor, show the world that the President would comply while ensuring that irrelevant portions of tape were not released. Meanwhile, as Richardson reviewed the tapes, Buzhardt could appeal the order from Judge John Sirica to the DC Court of Appeals and ask for a temporary stay of Sirica’s order while the appeal was heard. It was, as things went, a pretty good idea. It was also exactly what Nixon didn’t want to hear. The President had been bucked up by last night’s talk with his VP nominee, and was determined to demonstrate a show of strength. He told Buzhardt that he would not comply with the order, and that he was to tell Cox that, and file the appeal immediately. No tapes, no transcripts. If the Democrats didn’t want to work with him, they could go to hell. Nixon ordered Buzhardt to send letters to the Kennedy and Johnson estates demanding that their tapes be turned over to the government as well, so they could be reviewed for wrongdoing.
Buzhardt was appalled at the request. He pleaded with Nixon to change his mind, saying that it would destroy any hope of managing the situation. The President held firm. He was not going to give some old Kennedy coatholder his private conversations. Buzhardt relented and left. Nixon then called for Haig to come to the Oval Office. The four-star general walked in, ramrod straight, ready to update the President on the situation in the Med. Before he got the opportunity, Nixon told him that he was going to fire Cox today, bypassing Richardson. He wanted Ray Price, his best speechwriter, to draft the statement for Press Secretary Ron Ziegler, announcing the firing of Cox. Nixon also told Haig to call new FBI Director Clarence Kelley and order him to seal the special counsel’s office the moment the firing was announced. The chief of staff did his best not to turn pale at this order, which went directly against everyone’s advice. It put the VP confirmation at risk, and would imperil the President’s chances of surviving the moment. Haig went to raise an objection, and Nixon cut him right off. “I’m doing this. I’m the President, and it’s my decision to make. This has gone on long enough. I’m going to expose Kennedy and Johnson for their own taping and I’m going to protect the office of the presidency, because that is my duty!”
Haig saluted, unable to help himself from falling into his military training in that moment, and left the office. He didn’t even sit down in his office before picking up the phone and calling Buzhardt and White House Counsel Leonard Garment, Nixon’s “house liberal” and friend from New York law practice. He wanted them to know what he’d been ordered to do and whether he faced any legal exposure for carrying out Nixon’s orders. Buzhardt took everything well, while Garment was at least slightly shocked. “Al, this is going to ruin him. At least let me talk to him first before you go ahead with this,” Garment said. Haig shook his head. “Len, he didn’t even let me get a word out. He’s determined. I’m curious who told him that Kennedy and Johnson had tapes, though. He seemed certain on that point, more so than his usual complaining about Democrats.” “Let’s see, maybe Moynihan, Connally, hell, maybe Henry knew somehow. He was playing both sides of the street in ’68,” Garment replied. Haig pondered this. “I bet it was Connally. He was the only one close enough to Lyndon to know that….Christ, what did he tell the President?” The three men looked at each other. They had no clue at all.
Around two that afternoon, Ziegler joined Nixon in the Oval to go over the statement Price had hurriedly drafted. Ziegler did not pass along Price’s muttered “Holy shit!” when he was given the directions from Haig to write up a speech. It was only supposed to be a statement for Ziegler, but somewhere between giving the order and receiving the text, the President had decided he was going to go to the press room himself and take all the slings and arrows from the reporters. Aides in the West Wing joked that the President had turned into the Incredible Hulk from the comics. While some of them worried about whether they were going to all lose their jobs when he got impeached for this, others were discussing how to get into the room when Nixon laid this bomb down. There were only a few reporters hanging around when Ziegler sent an intern down at 1 pm to tell them the President would be making a statement at three. That set off a scramble by the wire reporters to get the word out, and every newsroom across the country went on high alert. White House correspondents who weren’t there rushed to change into suits and make it to the West Wing in time. The three network presidents got on a conference call to quickly discuss running a live feed. ABC was on rotation at the moment, and ABC President Elton Rule said he’d make it happen. Walter Cronkite at CBS, Harry Reasoner at ABC, and John Chancellor at NBC also were roused from their weekend routines (in Cronkite’s case, he was enjoying a post-lunch nap that he did not enjoy being woken from) and driven to their respective studios.
At 3 pm sharp, college football games across the nation were interrupted, with the anchors informing their viewers that the President was about to give a statement regarding the tapes that a court had ordered he turn over to the Watergate prosecutor. For many Americans, who over the years had become accustomed to the President’s use of speeches to go above the heads of the news media, it was an unwelcome intrusion into football. For others, especially around the capital, it was a moment of high anxiety. Nixon took the podium in the press room and said the following:
“Good afternoon. My fellow Americans, as you are well aware, yesterday the District Court of Washington, D.C., issued an order for me to surrender tapes made of conversations between myself and my staff in the Oval Office to the special counsel, Archibald Cox. I have always been a stalwart defender of the law as an attorney and in public office. However, the court’s decision yesterday is an unlawful intrusion into the separation of powers, all the more so because Mr. Cox is an employee of the executive branch. He has no legal authority to compel any documents or other items from the office of the President, whom he ultimately reports to. He asked for the tapes, and I informed him that I could not do that, because there is no way to filter out classified and sensitive information on the tapes from what he seeks to discover. Furthermore, Mr. Cox’s demands, for that is what they are, would shatter the ability of any President to receive unhindered, honest advice from their staff. Those staff members would forever be worried that their words could be misconstrued, that advice they gave could be somehow used to prosecute them for the most minute of crimes, and their utility would be at an end. As President of the United States, I have to defend this office and protect its constitutional prerogatives.
Therefore, I have decided upon the following course of action. Pursuant to my authority as head of the executive branch, I am dismissing Archibald Cox as special counsel for the Watergate investigation, effective immediately, along with all attorneys hired for the purpose of working for his office. The special counsel’s offices are being sealed at this moment by the Federal Bureau of Investigation’s inspector general’s division, all career agents with no political ties. These men will properly secure all documents and will convey all of those documents to the House and Senate Judiciary Committees. Those committees have constitutional jurisdiction, and they can see every piece of evidence that Mr. Cox and his team have collected. However, I will not surrender any tape recordings made, as they are covered under executive privilege. Congress is free to issue subpoenas for any documents they wish to see, and I will direct my attorneys to do my best to comply within the boundaries of the law and the security of this nation.
Watergate has gone on for far too long with no resolution, and I intend to see this issue resolved as quickly as possible. We cannot afford drawn-out investigations, partisan divisions, and diminutions of our Constitution to continue. At this time, I will take questions for a brief period.”
Richard Nixon had managed to stun the entire nation into silence, it seemed. There was a lull of at least ten seconds before Dan Rather of CBS popped up to ask the first question.
Mr. President, what about the court order to surrender your tapes? Are you saying you are above the power of the federal court system? (Rather)
No, I believe that the three branches of government are co-equal. However, as I said already, the court has no constitutional power to intercede in an executive branch dispute. Mr. Cox worked for me, and his only recourse to obtain any items of interest was to go through the Attorney General. He chose to ask another branch of government to determine an executive branch debate, and that is not in the law, and so because he took this route, I had no choice but to terminate his employment in this administration. (Nixon)
Mr. President, why do you feel empowered to tell the District Court they have no authority in this case? (Helen Thomas)
Helen, the District Court should have dismissed the request. The decision of Judge Sirica to take it up was incorrect, and his ruling in Mr. Cox’s favor was even more erroneous. If Congress wants to do something about it, they have the prerogative to do so. This is why, in a show of good faith, I am giving their committees all of Cox’s documents collected so far. Those committees are not comprised of people who have my back, so to say, but since they are the constitutionally empowered office for oversight, they can request items, and we will provide whatever we think is appropriate. (Nixon)
[Fred Buzhardt, Leonard Garment, and Al Haig all enter at this point, standing alongside the wall to Nixon’s right.]
Mr. President, if I understood you correctly, you are saying that you will not give Congress everything it asks for either. How does this not mean you find yourself to be above the law? (David Broder)
Look, if Congress subpoenas items I believe they have no right or need to have, then they, and only they, can ask the courts to adjudicate the matter. If the courts say I have to turn over the requested items to Congress, then of course I will comply, because that is the constitutional way, and as a member of the bar, I am required to comply with the law, even if I disagree. The courts, as part of the separation of powers, can decide disputes between the other two branches. What they cannot do is tell the President that he is required to give a subordinate whatever that subordinate asks for. That would lead to chaos, and this nation has had enough chaos over the past several years already. I will obey the law and the Constitution, because this President is not a crook. (Nixon)
Mr. President, how will Congress know that they have received all of Mr. Cox’s gathered evidence? There has been testimony from former FBI Director [L. Patrick] Gray that he destroyed evidence himself. How can we trust the FBI to not do the same in this instance? (R.W. “Johnny” Apple)
What Mr. Gray did was wrong, and he was removed from his position upon admitting his actions. Director Kelley is one of the most honest men in America, and Congress confirmed him quickly, so they clearly trust him too. The Inspector General’s office is free from politics, nonpartisan men chosen for their integrity, and I am quite sure they will not withhold any items from Mr. Cox’s office. When I made my decision this morning, Director Kelley was immediately informed and moved to ensure no items were lost or taken. If we cannot trust our government in any matter, then we might as well pack up and go home, all of us, for America will be lost at that point. (Nixon)
[Haig whispered to Ziegler to end it, and Ziegler rushed the podium so fast that he almost knocked over the President]
Ladies and gentlemen, thank you for coming. A transcript will be available later this evening.
At the Justice Department, Eliot Richardson and William Ruckelshaus looked at each other in shock. Richardson had been completely bypassed by Nixon, and felt that he no longer was in charge of his own department. He decided there was only one way to handle the matter, and that was to resign immediately. If the President could publicly humiliate him in this fashion, he would not be able to exert any authority over the department, in which case he would be useless as an Attorney General. Ruckelshaus told Richardson that he would resign as well, but Richardson managed to talk him out of it after nearly twenty minutes of back and forth. The argument Richardson gave him was that he, Ruckelshaus, had not been overruled, for as a deputy, he was not directly involved in the manner. Furthermore, Richardson said he didn’t want Robert Bork, the Solicitor General, taking over the department, because it would be too likely to act as Nixon was under Bork’s supervision, and the nation couldn’t have that. Finally, the AG said, Nixon had violated the agreement and likely angered half of the nation, but he had not exceeded his constitutional authority, and it seemed that he would cooperate with Congress, so Ruckelshaus had no need to resign in protest. What it came down to was that he’d given his word and seen it broken by his boss, without any warning whatsoever. The Deputy AG yielded to Richardson’s wishes, agreeing to stay on and assume the title of Attorney General (acting) until the President made a decision on how to proceed.
By five pm, Eliot Richardson was at the White House, where he insisted upon seeing the President. Haig tried to resist, but Richardson threatened to walk straight into the press room and tell them what he was going to tell Nixon, so Haig gave way and had the Attorney General admitted to the Oval Office. Nixon, surprised at the intrusion, but expecting it, looked over his AG without getting up from his chair. “What is it, Eliot?” he said. The AG replied, “Mr. President, I can no longer serve this nation as Attorney General after your decision. I gave my word to Archie Cox and to the Congress, and your actions caused me to break my word with no foreknowledge of what you planned to do. Therefore, you have my resignation.” Richardson handed over the letter he’d typed. “Eliot, there’s no need to resign. You are a fine Attorney General, and one of my ablest Cabinet members. I’m sorry that your pride was hurt, but this was my call, and it was the right one. I won’t apologize for defending the Constitution,” Nixon said.
The Attorney General became angry. “Mr. President, this has nothing to do with my pride. It has everything to do with my integrity and the integrity of the Department of Justice, and if you cannot see that, sir, then there truly is a cancer at the heart of this presidency, and it lies within you and everyone else who thinks it is okay to perpetuate this charade. I am convinced that you knew about the Watergate a hell of a lot sooner than you have told the American people, and this is why you are behaving in this fashion. That’s fine, you can do that, but I refuse to be a part of it. Good day, sir.” Richardson spun on his heel and walked out of the Oval as fast as he could, while Nixon sat there, slightly slack-jawed at the accusation leveled by the now-former Attorney General.
Eliot Richardson was completely accurate in every word he said.