To Be Added Upon Publication (October 26, 2021).

Many of the documents referenced in the footnotes are available on line. Those that are not are reproduced here, by date for ease of reference.

  1. September 13, 1972. Earl Silbert memo to Henry Petersen, “Prosecutive Memorandum re Watergate Break-in, June 17, 1972.”
  2. October 10, 1973. Top page of Judy Denny’s handwritten interview notes: “Situation in state of flux because of Senate Committee – Cox after 4/15. Dean becomes antagonistic to E & H, whereas before he had given the impressions that H was clean & was restrained as to E’s involvement. 
  3. November 15, 1973. Peter Rient and Judy Denny memo to files, “Meetings with Seymour Glanzer and Donald Campbell – September 18 and October 10, 1973.”
  4. November 29, 1973. Press Secretary Ron Ziegler’s comments on Special Prosecutor’s staff.
  5. December 4, 1973. Leon Jaworski letter to Ziegler, defending his staff’s integrity and professionalism.
  6. December 27, 1973. Jaworski letter to Judge Sirica, referencing ex parte meeting: “When Messrs. Ruth, Lacovara, Ben-Veniste and I met with you and Judge Gesell at your request on Friday, December 14….”
  7. January 7, 1974. Lacovara memo to Jaworski, “Criminal Responsibility for Joining Ongoing Conspiracy,” hypothetically concluding Nixon had joined the cover-up conspiracy and could be prosecuted.
  8. January 14, 1974. Jaworski memo to Henry Ruth, requesting attorney with defense experience be added to his staff.
  9. January 21, 1974. Lacovara memo to Jaworski, “Presentment by Watergate Grand Jury Concerning the President,” urging an ex parte meeting with Sirica to pre-clear the idea of the Road Map transmitting grand jury evidence to the House Judiciary Committee.
  10. January 21, 1974. Jaworski draft memo to Ruth complaining about staff bias: “the subjective conviction that the President must be reached at all cost.”
  11. January 28, 1974. Lacovara memo to Messrs. Glanzer and Geller, “Hunt Appeal,” suggesting Sirica might have committed error in rejecting the plea bargain Hunt had reached with career prosecutors.
  12. February 6, 1974. Rient memo to Ben-Veniste, “Material Discrepancies Between the Senate Select Committee Testimony of John Dean and the Tapes of Dean’s Meetings with the President,” listing some fifteen such instances.
  13. February 6, 1974. Lacovara memo to Ben-Veniste, “Possible Charges Against William Bittman,” concurring in Bittman’s indictment: “In my opinion, the facts as you state them would provide the basis for including Bittman in the overall Watergate conspiracy to obstruct justice.”
  14. February 6, 1974. New York Times article reporting Dean’s disbarment in Virginia, which details his criminal involvement.
  15. February 12, 1974. Jaworski memo to file, “Confidential,” describing his ex parte meeting with Judge Sirica the day before, where Sirica had urged the indictments be returned as soon as possible [so he could name himself to preside at the Cover-up Trial before his term as Chief Judge expired] and how Jaworski previewed Lacovara’s Road Map idea.
  16. February 12, 1974. Feldbaum, Frampton, Goldman and Rient memo to Jaworski, “Recommendation for Action By The Watergate Grand Jury,” urging Nixon’s indictment. This memo set off the furious exchange between Jaworski and Ben-Veniste.
  17. February 15, 1974. Lacovara memo to Jaworski, “Power of District Court to Receive, Refuse to Receive, Modify or Expunge a Presentment or Report from Grand Jury.” This is the memorandum prepared for sharing with Judge Sirica in advance of the Road Map’s presentment.
  18. February 20, 1974. Feldbaum outline, “Final Decisions,” summarizing cover-up indictment decisions, and describing Jaworski’s refusal to include Bittman.
  19. February 20, 1974. Tom Korologos’ pretend news report of GOP Leadership Meeting in the Cabinet Room, where Nixon lavishly praised Shepard’s legal work: “Shephard’s [sic] Star Rises Enormously.”
  20. February 22, 1974. Lacovara memo to Jaworski, “Status of Charles Colson in Watergate Case,” which severely criticized Colson’s inclusion in the cover-up indictment as contrary to Justice Department guidelines.
  21. February 25, 1974. What appear to be Jaworski’s draft remarks to the Grand Jury prior to their vote to name Nixon a co-conspirator in the Watergate cover-up
  22. Undated double-spaced paragraphs from Jaworski’s Confidential Watergate files describing Haig conversation of February 28 and ex parte meetings with Judge Sirica of March 1, 1974.
  23. March 1, 1974. “In Re Report and Recommendation of June 5, 1972 Grand Jury Concerning Transmission of Evidence to the House of Representatives.” This is the Grand Jury request that Judge Sirica transmit their Road Map to the House. As noted at the top of the page, it remained secret until October 11, 2018, when ordered unsealed by Chief Judge Beryl Howell in response to my Petition.
  24. March, 1974. ACLU amicus brief filed in support of Mitchell’s request that the Circuit Court order an Evidentiary Hearing to examine Judge Sirica’s ex parte meetings with prosecutors. The appeal was denied.
  25. March 22, 1974. Lacovara memo to Ben-Veniste and Jill Wine Volner, “L. Patrick Gray – Possible Charges Stemming From Destruction of Materials in Hunt’s Safe and Denials to Petersen,” which concludes that Gray can be prosecuted for his actions (although he never was).
  26. April 30, 1974. Lacovara memo to Ruth, “Gordon Liddy’s Continuing Refusal to Testify,” describing a phone call from Liddy’s lawyer, Peter Maroulis, complaining about not being fully appraised of President Nixon’s desire that Liddy cooperate with prosecutors.
  27. April 30, 1974. Cover page of Submission of Recorded Presidential Conversations to the Committee on the Judiciary of the House of Representatives (aka: the Blue Book).
  28. June 8, 1974. News coverage of Nixon being named a co-conspirator, along with separate story on Colson’s surprise guilty plea.
  29. Excerpt from Stonewall, pp 285-287, describing Watergate Task Force meetings with House Judiciary Committee staff in May and June, 1974, along with rationale for preparation of Frampton’s June 28 Prosecutive Report on President Nixon.
  30. June 28, 1974. Jaworski letter to Rep. Rodino, purported dated June 28 and delivered by hand, wherein Jaworski agrees to make Frampton’s Prosecutive Memo on Richard Nixon available without subpoena. This maneuver enabled prosecutors to share documents and provide staffing assistance to the House Judiciary Committee without the knowledge of Nixon’s legal team.
  31. July 23, 1974. Lacovara memo to Messrs. Jaworski, Ruth, James Neal, and Ben-Veniste, “Motion to Recuse Judge Sirica in Watergate Case,” complimenting Judge MacKinnon’s dissent as “an excellent and effective analysis of the reasons why Judge Sirica should not have insisted upon remaining as trial judge.” Lacovara’s memo concludes, “since the decision was made at the outset to support Judge Sirica, I see no way to turn back now.”
  32. August 21, 1974. Lacovara memo to Jaworski, “Decision Concerning Richard M. Nixon,” urging indictment of the former president: “The evidence is convincing; the subject shows no sign of remorse or cooperation; and other people of no greater guilt are being prosecuted.”
  33. September 9, 1974. Lacovara letter of resignation to Jaworski, issued upon Ford’s pardon of the former president.
  34. September 13, 1974. Lacovara memo to Jaworski, “Validity of Pardon of Former President Nixon,” concurring in and supporting challenge to President Ford’s pardon.
  35. October 9, 1974. John Ehrlichman’s sketch of Judge Sirica’s courtroom during jury selection, illustrating the six separate tables for the prosecution and five sets of defense counsel, along with description of Sirica privately discussing his rulings with reporters.  
  36. October 17, 1974. Lacovara interview on NPR’s All Things Considered, wherein he expresses doubt about the overall fairness of the Watergate prosecutions, along with Jaworski’s handwritten objections to his statement.
  37. October 30, 1974. Subpoena of Geoffry [sic] Shepard to appear as a prosecution witness in the Cover-up Trial. Fortunately, I was dismissed moments before taking the stand.
  38. December 5, 1974. Top page of Bob Woodward’s notes of his Jaworski interview, wherein Jaworski “Says there were a lot of one-on-one conversations that nobody knows about but him and the other party,” a thinly disguised allusion to his series of ex parte meetings with Judge Sirica. The following paragraphs describe how Jaworski’s prosecutors provided the critical staffing for the House Judiciary Committee.
  39. February 22, 1975. Frampton memo to Ruth, “Richard M. Nixon,” which is the finalized version of his series of prosecutive memos on President Nixon. 
  40. July 21, 1975. Feldbaum’s second draft for Final Report, Chapter 4a, “Actions Related to President Nixon’s Possible Criminal Liability.” Although ultimately not included in their Final Report, this draft reflects their apparent decision not to assert that Nixon had personally directed the Hunt blackmail payment – the secret allegation of which had been the basis for Nixon being named a co-conspirator and the House Judiciary Committee recommending his impeachment
  41. April 19, 1977. Page 107 from Stonewall, describing both Archibald Cox’s distain for John Dean and the tactical brilliance of their appearing to prosecute Dean for his cover-up involvement. The description omits mention that Dean was freed completely one week following the cover-up convictions and never, in fact, spent a single night in jail.
  42. August 28, 1975. Special Prosecutor “clearance letter”: “After checking with our various task force, I can confirm that you are not, and have not been, the subject of any investigation conducted by this office.” I am the only member of Nixon’s White House staff known to possess such a letter.
  43. July 11, 2008. Colson letter complimenting me on my first book and expressing his own experiences with prosecutors’ “get Nixon” bias.
  44. July 9, 2018. George Parry letter complimenting me on my second book and describing his client’s view that Dean was a totally untrustworthy weakling. “That guy would steal the silver dollars off his dead mother’s eyes.”