"Silent Coup" Chapter 4
Transcription
"Silent Coup" Chapter 4
4 NIXON ORDERS A BURIAL LESS than two hours after they had obtained Admiral Welander's taped confession on the afternoon of December 22, 1971, John Ehrlichman and David Young sat in Nixon's hideaway office in the Executive Office Building. The transcription of the tape would not be ready until the following day, but Ehrlichman thought he had a political disaster on his hands, and insisted on bringing the bad news immediately to the president. Bob Haldeman and John Mitchell, the two senior members of the administration on whom Nixon most usually relied, were also in attendance as Ehrlichman laid out the story for the president as he and Young had heard it from Welander. Ehrlichman was clearly disposed toward pursuing a thorough investigation. Now, what would the president do? Looking to precedent, Nixon knew all too well the actions of one of his predecessors, President Harry S. Truman, in regard to the insubordination of General Douglas MacArthur during the war in Korea. When the Supreme Commander of U.S. and Allied forces in Korea publicly challenged Truman's conduct of that war, Truman summarily fired him, even though the action brought down on the president a 47 48 Spy RING firestorm of negative publicity. Historians have said in retrospect that the firing of the popular MacArthur was among Truman's most important acts, one that strengthened the presidency and the president's authority under the Constitution. Arguing from precedent and citing massive insubordination, Nixon could well have fired Moorer and gained from the episode. However, in this meeting with his top advisers, the first signals that the president put out were not in that direction. Ehrlichman recalls that Nixon did not ask to hear the tape recording, and evidenced no interest in reading the transcript when it became available. The reason for this would soon become evident: His mind was already made up as to the course of action he would have to take. Nixon's reactions to this crisis, John Mitchell told us after reviewing our evidence, went to the core of his being-they were political. He was concerned with how this affair might hurt him, or help him. Could the situation be turned to his advantage? Where could blame be placed, and for what purpose? The president's chain of logic in the crisis would soon become apparent. John Ehrlichman, who met with the president several times during the first days of what became known as the Moorer-Radford affair, offered us in a recent interview the following analysis. As a political man, Nixon was convinced that the matter of utmost importance was his reelection in 1972, and he was also convinced that what would most recommend him to the electorate for reelection were foreign policy triumphs. He was scheduled to visit Peking in February 1972, to hold a summit in Moscow in the late spring at which he would sign the SALT and ABM treaties, and he was also hoping that the secret talks with Le Due Tho would bear fruit before the following November. He envisioned a steady series of these foreign policy thunderclaps, and riding them easily to reelection. In his mind those triumphs, in turn, depended on backchannel communications of the sort enabled by the JCS. Nixon also feared, Ehrlichman says, that "if he disciplined Moorer for conducting espionage activity against the president and Henry" it would expose the backchannel, reveal publicly how Secretary Laird had been repeatedly circumvented, and ultimately "give Laird a whip hand over the Joint Chiefs." Therefore, Ehrlichman concludes that Nixon reasoned, the backchannel must be protected. Guaranteeing the continued existence of the backchannel then became the engine that drove Nixon's actions. In his autobiography, RN, Nixon wrote he was "disturbed" to learn "the JCS was spying on the White House" but offered two additional reasons for keeping the scandal quiet. First, he worried that exposure of it would further demoralize Nixon Orders a Burial 49 the military at a time when the armed services were already under attack by the antiwar movement. Second, he believed that top-secret information would leak out if the case was pursued. Ehrlichman and Mitchell offered a third reason: Nixon did not want the world to know that he had been spied upon; it would be embarrassing to him, and undermine the image of a strong leader that he was trying to protect. We have been told that at the December 22 meeting the president, seated at his EOB office desk, turned in his chair, stared out the window, and rhetorically asked, "Why did Tom do this?" referring to Moorer. Later, he told everyone at the meeting to keep quiet about the espionage; news of it was not to go beyond the room. Yet Nixon also instructed Young to write a full report, a directive with which Young enthusiastically began to comply, and eventually produced quite a thick day-to-day account of the investigation that contained all the evidence of the spying. Nixon also decided that Moorer had to be spoken to, but the president didn't want to do it himself. A key Nixon personality trait was the avoidance of personal confrontation at almost any cost. Among Nixon's first decisions was to give the job of bracing Moorer to John Mitchell. But even before the attorney general summoned the chairman of the Joint Chiefs, Nixon had made up his mind not to fire or discipline Moorer. The reason was not then apparent to those in the room, but did emerge in later discussions. If Nixon kept Moorer in office after bloodying the chairman's nose a bit, Ehrlichman remembers that the president argued, the chairman would be even more pliant than he had been in the past, and that would be good for Nixon. "He had two ways of going. He could either tear up the Joint Chiefs or he could continue to do business with them. And he says to himself, 'I've got to keep that [backchannel] in place and keep doing business with them. And maybe it turns out to be an advantage for me because they know that I know [about the spying].' " A Nixon diary entry from December of 1971, reprinted in RN, gives further inkling of Nixon's analysis of the crisis. He declared that Radford's "spying on the White House for the Joint Chiefs is something that I would not be surprised at, although I don't think it's a healthy practice. " Having decided to bury the spy ring but to keep alive the recipient of the stolen documents, Nixon nevertheless had to deal with the other people touched by the affair. In his autobiography, Nixon suggested the train of thought that led to his next actions. "Whether or not [Radford] had disclosed classified information to Anderson, the fact 50 Spy RING remained that he had jeopardized the relationship of the JCS to the White House," Nixon wrote. Having twisted the facts to fit his preconceptions about the origins, dimensions, and dangers of the scandal, Nixon now proceeded to vent his ire on the press and the yeoman rather than to discipline Moorer, Welander, or Robinson. Nixon ordered Ehrlichman to have the investigators uncover what the president was sure existed, a homosexual liaison between Radford and Jack Anderson; Ehrlichman bucked that task down to David Young, who relayed the request to Pentagon investigator Don Stewart. There was no prior evidence of such a relationship between Radford and Anderson, and Stewart refused to try and "find" one. Ehrlichman was put in the unfortunate position of having to follow up on this presidential imperative, and found that Mel Laird thought it was a terrible idea and resisted asking Radford to take a lie detector test about it. Laird pointed out that the subject matter of a polygraph test must first be disclosed to the person who is going to take it, and that person may refuse to take it if he doesn't want to risk for any other reason. Suppose, Laird suggested to Ehrlichman in a telephone call on the morning of December 23, just suppose that "if [Radford] decides not to take the test and then he goes out and tells the press that that's what we're running here, I think we just get in a hell of a lot ofWe blow the lid." Ehrlichman had to instruct Laird to try anyway, because it was the president's wish, and because Nixon felt "there is no apparent motive for this fellow turning these papers over to Anderson." So they were searching for a motive that didn't exist, and they were looking in the wrong direction, away from the spy ring. The homosexuality premise had been pursued with Welander, who told Ehrlichman and Young he had seen no evidence to support the idea that Radford and Anderson were so linked. Radford only learned about the thesis of homosexuality much later, and now laughs about such an idea. "It's comical," he told us, pointing out that he and Toni have been married twenty years and have together raised eight children. When advised that the possible homosexual link had been Nixon's idea, Radford responded, "It's embarrassing." Nixon seemed obsessed with Jack Anderson. He asked Ehrlichman, who had begun in the administration as counsel to the president, if the columnist had committed a crime in publishing the White House documents on the India-Pakistan situation, and what the statute of limitations was on such a crime. Ehrlichman understood the reference: Nixon had spoken to him several times about Anderson and other "enemies" to be targeted for punishment after reelection in 1972, when Nixon Orders a Burial 51 Nixon would be in a position to disregard any negative public reaction to such treatment. Currently, though, Nixon wanted Ehrlichman to come down hard on the one known connection between Radford and Anderson: the Mormon Church. In a move that Ehrlichman characterized to us as "Nixon's typical generic revenge," the president ordered all Mormon clergymen barred from performing services at the White House. "Don't use Mormon Bishop," states one of Ehrlichman's notes of his meeting with Nixon. There remained several other major players who had to be handled. John Mitchell was dispatched to question Moorer. Interestingly, when Mitchell summoned Moorer, he did so, he told us just before his death in 1988, without having learned any details of what Welander had said in his interview with Ehrlichman and Young. The chairman of the Joint Chiefs hurried to see Mitchell, flatly denied any knowledge of the stealing, and said that if he had ever been shown contraband material the blame lay with Welander, who should be disciplined. Because he never heard the tape or saw the transcript of Welander's interview, Mitchell believed the chairman and reported Moorer's denial back to Nixon. This report by the attorney general may have been the flimsy evidence on which Nixon relied when six months later, and to the astonishment of many of his aides, he reappointed Moorer for a second term as chairman of the Joint Chiefs. But, as Ehrlichman succinctly told us in an interview, this was to Nixon's advantage because he had a "pre-shrunk admiral" as head of the JCS. Then there was Secretary of Defense Mel Laird. Nixon worried that exposure of the backchannel would strengthen the hand of Laird, whom the president deeply distrusted. Laird had known about the liaison office through coming into contact with it in prior administrations, during his eight terms as a congressman who sat on a defenserelated subcommittee. Laird had argued with Nixon at the outset of this administration that the liaison office should be closed because it always had been a nuisance and a source of leaks. But Nixon needed the backchannel that the liaison office helped to enable, and his disagreement with Laird over the necessity of such a channel was part of the reason for his distrust. Nixon wanted to keep the secretary on board but not cognizant of the matters being discussed through the backchannel. It was obvious to Ehrlichman from his December 23 phone call to Laird that the secretary knew what was going on. Laird said he was "sure that Robinson bootlegged things" to the Pentagon brass, but "not to me. I never saw any of it." He knew that "somebody was giving them [the Joint Chiefs] information" and was certain "that 52 Spy RING the president wasn't calling them directly and giving them this sort of information." In a later White House meeting, Nixon would dispatch Mitchell to neutralize Laird and to tell him to keep the lid on the espionage story. Nixon's major personnel problem stemming from this crisis, everyone agreed, was Henry Kissinger. The national security adviser hated leaks other than his own and would be apoplectic when he learned that he had been spied upon, that his briefcase had been rifled, and that his diplomatic initiatives had been known to the JCS. Typically, Nixon refused to deal with Kissinger personally until Ehrlichman had given the national security adviser precise instructions on how to behave in Nixon's presence. In an early afternoon meeting on December 23, Nixon issued his instruction to Ehrlichman. First, Kissinger must be told that he should never mention the espionage mess to the president. That tactic would work, because Kissinger was always circumspect when addressing the president, who was the source of whatever- power Kissinger possessed. Next, Ehrlichman reports, the president "wanted me to tell Henry that I was handling the situation [together] with Mitchell and that the president is aware of the situation because of his backchannel relationship with the Joint Chiefs." Third, Nixon told Ehrlichman not "to let Henry get involved in the question of, Do we keep Moorer or not." However, Kissinger was to be thrown a boneallowed to shut down the JCS liaison office at the NSC-but was to see to it that the backchannel to the JCS was not dismantled. Nixon's final order, as reflected in Ehrlichman's notes of the meeting, was odd: "Don't let K blame Haig." The president had obviously concluded that Kissinger would indeed try to fault Haig, the assistant who had the closest ties to the JCS, for having permitted a situation to exist in which Radford could steal from Kissinger. In retrospect, Ehrlichman told us recently, it was clear to him that the president's instruction was "a very explicit injunction from Nixon, intended to protect Haig." This was the first time, Ehrlichman recalls, that he ever saw Nixon protect Haig, and at the time Ehrlichman dismissed the action as a simply logical one: Nixon didn't want Kissinger blaming his chief military aide because the espionage had been conducted by the military. Haig, Kissinger, and Nixon had a complex three-way relationship. When Nixon had hired Kissinger as national security adviser, the Harvard professor had sought a military aide not only to liaise with the JCS, but also because he and Nixon would need a backchannel communications capability, and that military aide would have to be Nixon Orders a Burial 53 privy to it and might help facilitate it. The military at first thought they'd better suggest a man with advanced degrees who would be comfortable with Kissinger, but Kissinger wanted what he described in his memoirs as "a more rough-cut type," preferably with combat experience, someone who didn't have the same academic viewpoint as he did and could provide a new perspective. Colonel Al Haig, then on the staff at West Point, was recommended by a mutual friend, and that nomination was seconded by Robert S. McNamara, secretary of defense under Kennedy and Johnson, and Joseph A. Califano, Jr., who had been Haig's boss at the Pentagon in the early 1960s when they served McNamara and Army Secretary Cyrus R. Vance. Kissinger liked that Haig had been endorsed by both conservatives and liberals, and hired him after one interview, and, as Kissinger himself wrote, "Haig soon became indispensable. He disciplined my anarchic tendencies and established coherence and procedure in an NSC staff of talented prima donnas." Within months, the army colonel, who had not been initially seen as a threat by Kissinger'S civilian staff, had elbowed all of them out of the way and become Kissinger's principal deputy. Then came a moment, former Nixon speech writer William Safire reports in his book Before the Fall, when the balance changed. Nixon, Kissinger, and Safire were working on a speech and needed a figure on troop strength. Haig was called into the room. He delivered the figure and was about to withdraw, but Nixon asked him to stay, then turned to Safire and murmured "thought and action." It was a phrase from another speech Nixon and Safire had discussed, one that contrasted the man of thought with the man of action; Haig, Nixon implied, was a man of action who counterbalanced Kissinger. But Nixon, Safire wrote, also wanted to include Haig "not as a messenger but as an adviser." Short! y thereafter, John Ehrlichman remembers, whenever Nixon was displeased with Kissinger on any account, he would have Haig brief him for five or six days, until Kissinger was softened up enough to be allowed to come back into the president'S good graces. An NSC aide close to Kissinger recalls that "Henry would be an absolute wreck, he'd be close to a nervous breakdown because the president was meeting with Haig." Talk of urging Kissinger to see a psychiatrist was also rampant in the Oval Office-simply another instance of Nixon's sadistic treatment of his chief foreign policy adviser. Ehrlichman wrote that Nixon told him to bring the subject up with Kissinger but "I could think of no way to talk to Henry about psychiatric care." Being in the White House was good for Haig. He "earned his star," 54 SPY RING that is, jumped from colonel to brigadier general, in less than a year, and earned a second star, making him a major general, in 1972. As Haig continued to rise in the White House hierarchy, Kissinger worried about his aide. "Can I trust Haig?" he would wonder, according to one NSC staff member who talked privately with Kissinger. No one could give the professor complete assurance on that score. In public, say in front of the staff or Haldeman or Ehrlichman, Kissinger would often berate Haig for minor mistakes and seem to humiliate him, describing military officers as "animals" who were too "dumb" to understand the intricacies of foreign policy. (This is the view of the Haig-Kissinger relationship portrayed in the Bob Woodward and Carl Bernstein book The Final Days.) We have learned that in private, however, Haig was the more dominant character, acting as what one source who knew both men called "a schoolyard bully." This source recalls angry, nasty screaming matches between the two men in which Haig threatened to punch Kissinger out, and Kissinger cowered. "Haig took the crap in public; Henry took it in private," this source told us. Why would Kissinger take insubordination in any form from Haig? Because, this source insists, "Haig could leak so many things about Henry'S personal behavior or the secret way he was carrying out [foreign] policies. On an emotional level, Henry would ask himself, 'Do I really want to cross him?' " But on the other side of the coin, "Haig himself knew that if he wanted another star he had to get along with Kissinger, too." Kissinger and Haig shared many secrets, and this sharing had begun in the early days of the administration. Nixon had authorized (and Kissinger and Haig encouraged) an enormous bombing campaign against suspected North Vietnamese and Vietcong havens and supply lines in neutral Cambodia. The air strikes continued for seven weeks, unknown to the American public until May 9, 1969, when William Beecher, the Pentagon correspondent for The New York Times, broke the story with a front-page article on the secret raids. Kissinger was on vacation with Nixon in Florida, and when they read the story both were enraged. During that day, Kissinger had four conversations with FBI Director J. Edgar Hoover. Hoover wrote memos of his Kissinger calls to his senior officials. In the first call, Kissinger asked Hoover to use "whatever resources" were necessary to find Beecher's source, although Kissinger expected this to be done "discreetly." By the fourth call, Kissinger was vowing to Hoover that the White House would "destroy whoever did this if we can find him, no matter where he is." Hoover, in turn, suggested a possible leaker, a Nixon Orders a Burial 55 former Harvard associate of Kissinger's who was then on the NSC staff, Morton H. Halperin. Unfortunately, Kissinger had to agree with the assessment. Halperin had been in the Pentagon during the Johnson administration, and had advocated a halt to the bombing of North Vietnam, a strategy that angered many military and civilian defense officials in Washington. When Kissinger announced his intention of bringing Halperin to the NSC, the proposed appointment drew criticism from General Wheeler, then chairman of the Joint Chiefs, from Senator Barry Goldwater, and from Director Hoover. To defend Halperin now, Kissinger believed, would undercut his position with Haldeman and Nixon. By six that evening, the FBI managed to activate a tap on Halperin's home telephone. The very next morning, Alexander Haig went to Assistant FBI Director William C. Sullivan with the names of three more individuals to be tapped, NSC aides Daniell. Davidson and Helmut Sonnenfeldt, and Air Force Colonel Robert E. Pursley, military assistant to Secretary of Defense Laird; Pursley was distrusted by Haig and other military hardliners who scorned him as a dove on Vietnam and for being too close to civilian officials. Kissinger's deputy told Hoover's deputy that the taps on all four men were ordered "on the highest authority," and that the matter should be handled "on a need-to-know basis, with no record maintained." The desire for secrecy, Haig later testified in a civil suit, arose from his own experience in the Pentagon in the early 1960s when Hoover circulated through upper levels of the government a damaging report on Martin Luther King, Jr., which "just about blew the Pentagon apart." The Hoover report was "flushed all through the bureaucracy," Haig testified, adding, "I think that is the kind of concerns we had" about the new wiretapping effort in May 1969. Ten days after his first meeting with Sullivan, Haig, accompanied by Kissinger, showed up at Sullivan's office to give him the names of two more NSC staffers to be tapped, and to read the first logs of the in-place taps. Sullivan's memo of the meeting quotes Kissinger as saying, "It is clear that I don't have anybody in my office that I can trust except Colonel Haig here." During the next two years, Haig transmitted more names of the seventeen government officials and newsmen whose phones were tapped at various times over a period of twenty-two months from May 1969 to February 1971. Some of those tapped had ties to high Democratic party powers such as Senator Edmund S. Muskie and former ambassador W. Averell Harriman, some were Republicans such as 56 Spy RING speechwriter William Safire, and some were reporters whom the White House disliked. Haig effectively became the operations officer of the wiretapping program. Periodically he would visit Sullivan, read dozens of wiretap summaries, and take some to Kissinger. In his biography of Haig, The General's Progress, Roger Morris described what happened after Kissinger had read the reports. Morris was at that time a fellow NSC staff member; he remembers the reports being kept in "a small, wired safe in the West Basement situation room," and wrote that while by mid1969 the wiretap reports were "an open secret among the NSC staff," no one but Haig and Kissinger knew who had been targeted. Nixon later wrote that he authorized the wiretapping to stop news leaks and to protect "national security." But no leakers were ever discovered, and the surveillance seemed openly political, especially since in several cases, such as that of Halperin and NSC staff member W. Anthony Lake, the taps were continued after the subject had left the government and had gone to work for Muskie, or had ceased to have any access to classified material. In any event, on February 8, 1971, Haig finally called Sullivan to order that the program be discontinued, and the taps were shut off two days later. The logs were not destroyed, however, and six months later Sullivan's copies as well as those from Haig's safe were placed at the instruction of Nixon into Ehrlichman's safe, where they lay for two years, a secret bomb waiting to explode. In later testimony, Haig would say that the wiretap reports were "an awful lot of garbage," and that whatever he had done had been on behalf of Dr. Kissinger-but, as the FBI records show, over a two-year period Haig encouraged the collection of the garbage and pored over the results. Considering their close linkage, it was no wonder that, in thinking about Kissinger's reaction to the spy ring in December 1971, Nixon would consider Haig in almost the same breath. Moments after seeing the president on the afternoon of December 23, Ehrlichman and Haldeman briefed Kissinger. In his 1982 memoir, Witness to Power, Ehrlichman described Kissinger at this meeting as "calm, almost sleepy, as I recounted what we'd learned. His only reaction was to remark, almost indifferently, that the Joint Chiefs' liaison office must be closed at once." Ehrlichman was surprised at the mildness of Kissinger's reaction, for "I had expected a huge eruption of emotion. Haldeman had told me that Henry was being a tremendous problem for the President that week. He had been mounting elaborate, daily tirades about [Secretary of State] Bill Rogers; Nixon, Haldeman Nixon Orders a Burial 57 reported, was nearly to the point of firing Henry, just to end the wear and tear." Although it seems clear that such sentiments were just a way of venting presidential spleen, and that Nixon never seriously considered sacking Kissinger, it was obvious that in late 1971 Kissinger was under considerable stress and that the public exposure of the ill-fated tilt to Pakistan had severely strained his relationship with Richard Nixon. In the meeting with Haldeman and Ehrlichman, Kissinger displayed his diplomatic face, but when he returned to his own quarters he exploded into angry action. That very afternoon, he closed the JCS liaison office and ordered Welander's files and safes seized. Unfortunately, this order was not completely carried out. Though Kissinger got many materials, more remained in Welander's hands. In midJanuary, Welander was given a sea command and transferred away from Washington. Before he left, though, he was ordered by the secretary of defense to turn over materials from his safes. Instead, Welander asked Al Haig what to do, and an edict came down from Ehrlichman to hand over the remaining materials to the White House. Welander gave the documents to Haig, and Haig gave a packet of materials to an Ehrlichman aide who placed them directly in Ehrlichman's safe. Today, Ehrlichman says he never reviewed that material, and doesn't know whether he got all of what Welander had turned over to Haig, or if the batch was sanitized by either man. At the time, Ehrlichman points out, his main concern was the president's fiat to keep those files out of the hands of Secretary of Defense Melvin Laird. The next casualty of the Kissinger explosion was Yeoman Radford. Within days of Kissinger's learning of Radford's involvement, the yeoman was hustled out of the capital, together with his wife and children, and sent to a new assignment at a Naval Reserve Training Center in Oregon. By the time he arrived at the base, Radford had figured out that he held a few good cards, and when an effort was made to yank his security clearance-a move that would have effectively gutted his ability to work as a yeoman-he played them. He threatened to cause trouble for the upper echelon if the Navy didn't continue his clearance, and the Navy quickly backed down. Nonetheless, a White Houseapproved tap was placed on his home telephone and remained in operation for the next six months. It caught two calls between Radford and Anderson. In the first, Radford declined an invitation to visit the elder Andersons. In the second, in May of 1972, Radford congratulated the columnist on winning the Pulitzer Prize for the "tilt to Pakistan" column. Some investigators tried to make hay of that call, saying it was 58 SPY RING evidence of complicity in the affair, but there was overwhelming evidence to the contrary-dramatized by the fact that the tap was discontinued a month later, inJune 1972, as completely useless. Ehrlichman had urged Nixon to hold off any questioning of Moorer until after Rembrandt Robinson had been interrogated, "but Nixon couldn't be patient." When Admiral Robinson, who was then stationed in San Diego, finally arrived for his interview on December 27, Ehrlichman wrote in his memoirs, the "self-assured" admiral was in full uniform "complete with gold braid and battle stars." In an unpublished diary entry, Ehrlichman recorded that Robinson admitted receiving "one set of trip papers" from Radford, "but denies animus." Robinson was "voluble, articulate, pushed all the right buttons?'; those "buttons," Ehrlichman reported in his diary, included Robinson's assurance that he was "the president's man for four more years, etc.," and that Robinson expressed "concern for Moorer and the system." Ehrlichman ended the entry with the observation that Robinson "can't explain disparity" between his testimony and that of Radford and Welander. Ehrlichman later learned that Robinson had been to the Pentagon and had seen Defense Department general counsel Fred Buzhardt before arriving to see Ehrlichman; therefore, Ehrlichman now concludes, Robinson was primed for his questions. Confirmation that Robinson had been in the Pentagon on the day in question was provided to us by investigator Don Stewart, who had come across him in the halls and had been surprised to see Robinson running off to Buzhardt's office. Robinson managed to avoid the questions of both Ehrlichman and Stewart, and to salvage his sea duty. Later in 1972, however, he was posted to Vietnam, where he was subsequently in a helicopter crash in the Gulf of Tonkin. The firing of Welander and the closing of the liaison office by Kissinger did not please Brigadier General Haig. Though it had been Haig who had initiated the investigation into the leak to Anderson, it was Haig who, in the hours following the moment when Kissinger learned of the espionage, conversely began a desperate, emotional attempt to protect Welander. That evening, December 23, Haig called David Young in a rage and accused him of impugning Welander on naught but circumstantial evidence. Young did not inform Haig that he and Ehrlichman had interviewed Welander or that a tape of that interview existed. From what Haig said and did not say, Young concluded that Haig had probably talked to Laird, and had thought that the only evidence of espionage was the Radford confession. The call shook the White House aide, but also fed Young's growing conviction that Haig was doing more 59 Nixon Orders a Burial than coming to the defense of an embattled fellow officer-that he was pressing his own agenda, one that to Young clearly showed that Haig's loyalties lay more with the JCS than with Kissinger or Nixon. Ehrlichman knew of Young's suspicions. "David Young suggested to me that Al Haig had probably planted Radford to help the military spy on Henry," Ehrlichman wrote in his memoir, "but that did not seem logical to me because I assumed Haig had full access to Henry's papers and files. Young insisted that Haig constantly sold Henry out to the military." Ehrlichman wrote that at the time he "discounted" Young's allegation because he thought Young was a rival of the rapidly rising Haig, and he knew that there was "obviously bad blood between them." That evening of December 23, while Haig berated Young, Kissinger was also heating up the telephone wires. Ehrlichman was at home in the midst of a Christmas party, he wrote, when Kissinger called to say that he had fired Welander and closed the liaison office. Haig had obviously been talking to Kissinger, because Kissinger now asked if there was "hard evidence" of Welander's culpability. Ehrlichman told Kissinger that there was a tape of Welander's confession, and that he'd be glad to play it for Kissinger the next day in his office. Kissinger said he'd be there, and, "Would it be all right if I bring Al Haig along?" The tape-play was arranged to take place just after the early morning senior-staff meeting. Ehrlichman's next call at the party was from "a badly shaken" David Young, who related his own conversation with the agitated Haig in some detail. "I suggested to Young that he not attend in the morning when I played the tape for Henry and Haig," Ehrlichman wrote in his memOIrs . Young agreed, but he remained troubled about the entire affair and early the next morning, December 24, he wrote a remarkable short memorandum for Ehrlichman that he hoped Ehrlichman would read before playing the tape: JOE EYES ONLY 8AM Fri 12/24 John, 1.) After reflecting on yesterday'S events and particularly last night's call to me by Haig, I am all the more convinced that it is Spy RING 60 now up to only you and Bob [Haldeman] to protect Henry; i.e., it is very difficult for him to say no to Haig. 2.) Haig's change from enthusiastic retribution against Welander to outrage over the dismissal of Welander is odd. 3.) The imminent return of Adm. Robinson and the possibility that we might talk more with Welander especially about his "confidential relationships with Haig" may be the cause of Haig's concern. David When Ehrlichman played the tape for Kissinger and Haig at 9:00 the general said almost nothing, but "this time Henry wasn't so calm," Ehrlichman wrote in his memotr. "When the tape ended he began striding up and down loudly venting his complaints," among them that Nixon now wouldn't fire Chairman Moorer. Ehrlichman quotes Kissinger as saying, "They can spy on him and spy on me and betray us and he won't fire them! If he won't fire Rogers-impose some discipline in this Administration-there is no reason to believe he'll fire Moorer. I assure you all this tolerance will lead to very serious consequences for this Administration!" Ehrlichman dutifully conveyed Kissinger's desire that Moorer be fired to Nixon when the president returned that morning from his annual physical at Bethesda Naval Hospital. "Ch JCS must go," read Ehrlichman's note of Kissinger's demand. Nixon had no intention of firing Moorer, for all the reasons noted earlier in this chapter, but neither did he have any intention of telling that to Kissinger right away, because he seems to have enjoyed watching Kissinger rant and rave and display his insecurity. Such Kissinger tantrums reinforced Nixon's confidence that he held the upper hand over his volatile national security adviser. Later in the meeting, Kissinger crashed the gathering, though not happily. "Mood indigo," Ehrlichman cryptically noted of Kissinger's demeanor. Speaking in what Ehrlichman later wrote was "a very low, somber voice," Kissinger spread "gloom and doom" for the president and urged him to take some action. Nixon tried to joke with Kissinger and offer him some encouragement, but when Kissinger left the meeting, he showed no signs of having been relieved of his distress. As was his wont, Nixon now spent some time weighing the pros and cons of sacking Moorer, and by this process reaffirmed to himself the wisdom of the decision he had already made: He'd keep Moorer, albeit on a tighter leash. It was at this meeting that Nixon decided to A.M. Nixon Orders a Burial 61 send Mitchell to direct Laird to "keep quiet" about the spying. Mitchell, Nixon instructed Ehrlichman, was to tell Laird that public exposure would hurt Laird himself, the administration, and "the uniform," by which he meant the entire military apparatus of the United States. Laird was prepared to agree, even though he was in the process of learning rather completely what had happened in the liaison office--something Nixon did not want him to do. He was receiving briefings from Defense Department general counsel Buzhardt, who oversaw the Don Stewart investigatory team. Buzhardt had the polygraph examinations of Radford, and through the White House had somehow obtained the most damning evidence, Welander's confession, and had listened to it-something Nixon did not know, and would have preferred not to have happened. This last piece of evidence was so secret that it was not even known to investigator Stewart, nor did Ehrlichman and Young, who had interrogated Welander, know that Buzhardt had obtained it. Later, the transcript of the Ehrlichman-Young-Welander interview was included in Buzhardt's report to Laird of January 10, 1972. It is not clear where Buzhardt got the transcript. However, Ehrlichman says that if Nixon had known about it, he would have been angry. As we shall shortly see, the Buzhardt report also contained some further material. Laird says today that he still has that report, to which was attached the transcript of Welander's confession, but won't release it. He told us that when Buzhardt brought him a copy of the tape, he listened to it. We asked whether Buzhardt had told him that Moorer was involved in the espionage, and Laird responded, "Fred Buzhardt told me yes, that he [Moorer] was ." Buzhardt knew that fact in his bones, because he was from the military, too, even if he no longer wore a uniform, and he understood as well as Admiral Welander the degree of compulsion inherent in the chain of command. Originally from South Carolina, Buzhardt graduated from West Point just a year before Alexander Haig, and had known Haig at the academy and kept in touch with him afterward. Buzhardt wore spectacles, had slightly stooped shoulders, and spoke in a drawl that reflected his home county. From the academy he went into the Air Force and became a pilot, then left the military entirely to go to law school. A protege of the ultraconservative senator from his home state, Strom Thurmond, he then served as Thurmond's aide and developed close contacts with Thurmond's colleagues on the Hill, such as Representative Melvin Laird and Senator John Stennis, who also sat on defense committees, and with civilian and uniformed Pentagon officials. He went to the Pentagon in 1969 as a special assistant to the 62 Spy RING secretary, and Laird chose him as Defense Department general counsel in August 1970. Since starting at the Pentagon, Buzhardt had been a fireman, helping Laird and the military to stave off or limit the fallout from a variety of scandalous episodes including the Army's domestic spying program against the political left, the My Lai massacre, and the publication of the Pentagon Papers. Buzhardt collaborated directly with the White House Plumbers to find the source of news leaks including the Pentagon Papers leak. Buzhardt's brief in the MoorerRadford affair was the same as it had been in these other disasters: to determine the extent of the damage and then work to contain it. His secret report to Laird told the secretary more than what he was being told by the White House, and it verified Laird's good sense in having earlier prophesied to Nixon that the liaison office would cause more harm than good. In January of 1972, Buzhardt suddenly decided that he needed to interview Welander, much as Ehrlichman and Ym,mg had done two weeks earlier, and even though he had their interview in hand. The ostensible reason for the reinterview was to verify independently the Radford information-but as we shall see, there may well have been a hidden reason. While Stewart was on vacation in January of 1972, he received a call telling him to rush back to Washington, and when he got there, Stewart was told that he and Buzhardt would together question Welander. Stewart remembers being told by Buzhardt that this was being done "at the request of the president." That was untrue, but Stewart didn't know it, and was specifically not told that Welander had already confessed on tape to Ehrlichman and Young. Buzhardt and Stewart proceeded to interview Welander on January 7, 1972, and a report was written of the interview. We have obtained the report. Welander again admitted that Radford brought him documents to which the admiral himself did not have access. He boasted to Buzhardt and Stewart that Radford "had great contacts amongst the White House people," that the yeoman had routinely picked up documents from NSC secretaries, and that Welander would photocopy the most interesting ones. Welander discussed Radford's activities on trips and confessed to tabbing and indexing the papers that Radford stole before passing them to Moorer and then locking some of the documents in his safe. The material he provided to Moorer from the Kissinger and Haig trips, the report said, "was so sensitive that the chairman did not keep it overnight." In conclusion, the report added, "Admiral Welander Nixon Orders a Burial 63 stated that no one knew Radford was conducting his clandestine operation" and that while he had "not praised Radford directly," he had told the yeoman that the material "was important and significant and made many things understandable." Stewart recalls that Buzhardt pressed Welander on one document the admiral may have received from Radford-the memo on General Haig's private conversation with South Vietnamese President Thieu. Buzhardt insisted to Welander that "the president has to know" if Radford stole the document. "He [Buzhardt] hammered away at that," says Stewart, who didn't know at the time that Buzhardt was only using Nixon's name to pull the information out of Welander. The admiral then admitted he had gotten the memo from Radford, had shown it to Moorer, and then locked it in his safe. The two most striking things about the reinterview of Welander are the matter of who ordered it, and the matter of what was not said in it. Both matters are interlinked. Ehrlichman says that neither he nor the president ordered such a reinterview, and in fact they were unaware of it at the time, and so was David Young. The president, Ehrlichman points out, was trying to bury the whole affair, and would have vetoed the idea of a further interview of Welander if he'd known about it. Nor would Kissinger have wanted it, and Laird says he didn't order it. Examining the two interviews of Welander side by side, we found that in the Buzhardt-Stewart reinterview Haig was mentioned several times in passing-but all references to Welander's confidential dealings with Haig were omitted. There could possibly have been an innocent reason for this-maybe Buzhardt did not bring up his friend Haig's name, and Stewart, unaware of what Welander had actually said to Ehrlichman, didn't see fit to introduce Haig's name. But that is unlikely. The most likely candidate to have ordered the reinterview was Haig himself. To see why, we must jump ahead in time to a congressional hearing in March 1974. The military spy ring was being investigated, and Fred Buzhardt was testifying. He had become the counsel to the president, and Alexander Haig was White House chief of staff. Buzhardt baldly told the Senate Armed Services Committee on March 7 that there was "no material substantive difference" between his reinter view of Welander and Ehrlichman's. Buzhardt waved a copy of his reinterview about in the faces of the senators, and if they had insisted on having a document, would have given that to them (rather than the EhrlichmanYoung-Welander interview). And the only person who would have benefited from that would have been his old comrade and current 64 Spy RING superior, Alexander Haig. Thus, the reinterview seems to have been conducted for the purpose of shielding the Welander tape of December 22 on the chance that some document of Welander's admissions would one day have to be disclosed. Queried by us about the military spy ring, Laird now says that Buzhardt's contemporary report to him was "full" of references to Haig, but not because Laird specifically asked Buzhardt to look into matters concerning the general; rather, because in the EhrlichmanYoung interview of Welander, as Laird put it, "Haig was drawn in through the back door on the thing .... If you've listened to the tape you certainly know what the problem is." Laird told us he was "disappointed" by what Welander had to say about Haig, but added, "I think that's enough to say." But we pressed on. Why was he disappointed? "I didn't think it was fair to the president." Despite his reluctance to elaborate, Laird then made it plain that he believed that Haig knew what was going on and Laird emphasized that his disappointment was specifically with Haig not telling the president, and not just with the activities of Robinson; Welander, and Radford. "Are you saying you didn't think it was fair to the president that they were collecting the material?" we asked. "Without Haig telling the president," Laird responded. "That he knew about the Radford situation?" we asked. "Yeah," Laird said. Welander had confessed twice, to two different sets of interrogators, that Chairman Thomas Moorer was aware of the espionage-but Moorer has always refused to acknowledge that what Radford, Robinson, and Welander stole amounted to more than a small whitecap on a vast ocean. Yes, he agrees he did see material collected by Radford on Kissinger'S China trip, but he insists that he learned nothing new from those documents or from any of the others Welander confessed to conveying to him. "I met with Kissinger frequently, every week, and went into his office, the two of us, and talked about these things, and I'm not aware of anything that I ever learned from Radford that 1 didn't know already, and let's leave it at that," Moorer told us in an interview. But why would Welander assert that Moorer had learned new things from these documents and had reacted as if the information was fresh? "[Welander] didn't know what I was doing either." Moorer challenged the assumption, made by Radford and Welander, that he benefited from the pilferings. "It wasn't a spy case or anything like that .... You can go around, 1 imagine, in our bureaucratic system and if you 'were trying to prove, whatever in the hell you're trying to Nixon Orders a Burial 65 prove, you can find people who'll say everything. I can build up just as many people to say the opposite." When we tried to proceed with our telephone interview, Moorer said, "Look ... you can write any damn thing you want about me," and hung up the phone. Before John Mitchell's death in 1988 we laid out the evidence for Moorer's complicity, and asked Mitchell about his 1971 interview with Moorer. He reiterated that it had been done before he learned the details of Welander's confession, and that when he had determined that Moorer's denial was plausible, he had done so in the absence of crucial evidence to the contrary. "If I had heard that tape or heard it discussed, I would have had to follow an entirely different course than I did," he told us. After reading a copy of the transcript of the EhrlichmanYoung-Welander conversation, Mitchell concluded, "the president played a game with me" by not disclosing all the facts at the time Mitchell was sent to brace Moorer. "It sounds like I was set up," Mitchell said. Why would that happen? The answer, Mitchell thought, had to do with Nixon's personality and style of governance. In 1971, had Nixon laid out all the evidence for Mitchell and asked his advice, the exattorney general said in 1988, he would have strongly pushed for the dismissal of Moorer. But that's not what happened, and so Mitchell reached the conclusion that Nixon never intended to seek his guidance on how to handle the military spying crisis, because he already knew what he wanted to do. Mitchell based this conclusion on the fact that at the time of the crisis, Nixon sent Mitchell-unencumbered by evidence-to ask Moorer a few questions and obtain a cursory denial, because Nixon did not want to hear what he expected Mitchell would have to say had the attorney general become convinced of Moorer's culpability. The president used him as a prop, Mitchell asserted in retrospect-as a vehicle through which Moorer could assert that he was clean. In the Moorer-Radford affair, then, Mitchell, one of Nixon's closest friends, said he was used by the president to justify the clearing of the admiral who held one of the dirtiest secrets of the Nixon years. Why didn't Nixon listen to the Welander tape? Mitchell thought it was a deliberate refusal to face the facts. Mitchell agreed that had Nixon listened to the tape, or allowed an aggressive pursuit of all the leads on Welander's tape by his own investigators operating under Ehrlichman, or by Mitchell himself, the consequences would have been severe. Severe for whom? For Alexander Haig. "It would have taken and put Haig in a different light and probably gotten him the hell out of there," Mitchell told us. The transcript of the Welander interview, said Mitchell after read- 66 SPY RING ing it, bolstered his preexisting belief that "Haig was no great supporter of Richard Nixon's; he was in business for himself." However, Nixon was intent on burial of the episode, not exposure, and the actions he took to cover the traces of the matter ensured that Welander's admissions and his references to Haig were not explored. On only one point in his assessment of the affair can Mitchell be faulted-what Nixon would have done if he had learned what Welander had to say about Haig, and on this, the former attorney general may have been blinded by his loyalty to Nixon. All the evidence suggests that the president would have dealt with Haig precisely as he dealt with Moorer: kept him around, and shortened his leash. This was the conclusion reached by John Ehrlichman. He imagined for us the scenario that would have unfolded if Nixon had listened to the tape, and he invented what Nixon would most likely have said to Haig: "I know what you're doing and I'm going to keep you in place anyway, but you better realize that I'm looking down your throat." Had Haig's relationships with Robinson and Welander been exposed, Ehrlichman contends, even if Nixon kept Haig on after 1972, he would never have been allowed to become chief of staff, as he did in May 1973. "I missed the boat on Al Haig at the time," Ehrlichman told us recently, after reviewing the transcript of his old interview with Welander, and David Young's worried early morning memo, and all the other warning signs. At the time, he muses, "I heard what Welander was saying, but 1 didn't fully realize its implications in terms of Haig's role as an agent for the Joint Chiefs." Rather, he was focused on Welander's confirmation of the spying, on Moorer's complicity, and on dealing with the Anderson leak. He now concludes that Welander, while at pains not to appear disloyal to a fellow officer, was trying to show Ehrlichman and Young the path to the truth about Al Haig. "The implications are that Haig was a prime source for the Joint Chiefs," Ehrlichman now understands. "I think it's pretty clear on the four corners of the interview with Welander that Haig had an enormous conflict of interest between his loyalty to the president, who had really sponsored him and fostered his career on the one hand, and the Joint Chiefs on the other .... Haig had an impossible situation-which 1 guess he resolved in favor of the Joint Chiefs." Ehrlichman is adamant that Nixon did not have any sense of what Welander had said about Haig, because the president had not reviewed either the tape or the transcript, and because the subject of Welander's veiled accusations didn't really come up in Ehrlichman's conversation with the president. "Nixon didn't want to know anything," Ehrlichman recalls. And so Nixon didn't know that the man he would later appoint Nixon Orders a Burial 67 as his chief of staff previously had had "confidential relationships" with those implicated in the military spy ring that had operated against Nixon in 1970-71. Alexander Haig has repeatedly refused to comment or to answer any of our questions about the Moorer-Radford affair, or on any other subject, either orally or in writing. His assistant Woody Goldberg advised us that Haig is writing his memoirs and that everything he has to say about the Nixon years will be contained in that work. By Christmas Day of 1971, Richard Nixon had made his decision and had begun his burial of Moorer-Radford. He would protect the backchannel that was so vital to his secret foreign policy, and in order to do so he would not disrupt the Joint Chiefs of Staff by publicly exposing or punishing their espionage. The following day Nixon left for a vacation in Key Biscayne, but not before issuing one last instruction to Ehrlichman about the crisis: He asked the domestic adviser to oversee a detailed security review of the NSC. This was a deliberate needle in the heart of Henry Kissinger, but Ehrlichman recalls that Nixon both wanted to insert it and to slip it in gently, for Nixon needed Kissinger as much as he needed Moorer. "The president wanted it done delicately . He did not want Henry to feel that his shop was being totally torn up by this process," Ehrlichman told us. A retired Air Force colonel conducted the review, questioning scores of Kissinger staffers and reporting back to the president in February of 1972 that the NSC staff suffered from low morale. Kissinger later testified that he never saw the report because Haig got hold of it first "and told me there was nothing in it of significance." A few procedural changes were implemented, Haig was left in place, and the report was shelved. The crisis was past, and no one wanted to hear anything more about it. By early 1972 Nixon's attention had turned to his upcoming Chinese summit and his reelection. The White House machinery was geared toward those goals and the military spying episode, seemingly contained, quickly receded. Reflecting on those events, however, John Ehrlichman says he now realizes how vulnerable the White House was to military surveillance. "All the cars that we rode in at the White House were driven by military drivers," Ehrlichman recalls. "All of the telephone calls that we made in and out of our homes, in and out of Camp David, were through a military switchboard. It was a little bit like the purloined letter. It was there so plain nobody noticed it most 68 SPY RING of the time. We talked in the cars, we talked on our phones, we talked from Camp David, and thought nothing about it. This was part of the warp of the place, that you had military listening or in a position to listen to everything."