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Nixon vs. the Senate Subpoenas

As a result of the Senate Watergate Committee hearings, it was suspected that there was some form of White House taping system. This was confirmed on July 13, 1973, by Alexander Butterfield, the former presidential appointments secretary. During a background interview prior to his public testimony before the Senate Watergate Committee, Butterfield revealed the existence of a White House taping system which had been in place since 1971. The Senate Committee and its special prosecutor subpoenaed the White House tapes twice: with Special Prosecutor Archibald Cox on July 23, 1973, and with Special Prosecutor Leon Jaworski on April 16, 1974. In both instances, Nixon refused to comply with the subpoenas.

In response to the first subpoena issued by Special Prosecutor Cox, Nixon ordered that Cox be fired in a series of events known as the Saturday Night Massacre which took place on October 20, 1973. Nixon ordered Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus to fire Cox; both refused to comply and resigned. Nixon then ordered Solicitor General Robert Bork to fire Cox—who carried out the dismissal. Following Cox’s dismissal, Jaworski was appointed Special Prosecutor. Following the Saturday Night Massacre, the US House of Representatives initiated the process of impeachment against Nixon on October 30, 1973.

In response to Jaworski's subpoena for additional tapes, the White House released edited transcripts of the tapes; however, the House Judiciary Committee insisted that the actual tapes must be turned over. Both Nixon and Jaworski appealed to the Supreme Court (United States v. Nixon) which unanimously decided on July 24, 1974, to uphold Jaworski's subpoena and ordered Nixon to release all White House tapes pertinent to the Watergate investigation, not just selected transcripts.

Soon after United States v. Nixon was decided, members of the Judiciary Committee approved three articles of impeachment: obstruction of justice, abuse of power, and contempt of Congress. Nixon’s refusal to comply with congressional subpoenas led to the third article of impeachment, contempt of Congress.

While there was still some support for Nixon amongst Republican congressional members following the impeachment proceedings, the release of transcripts on August 5, 1974, led to a growing sentiment favoring presidential impeachment or resignation. The most significant transcript was the “smoking gun” tape—a conversation between Nixon and Haldeman on June 23, 1972, that demonstrated Nixon’s knowledge of and involvement within the Watergate cover-up.

With the increasing likelihood of impeachment and the recent release of the “smoking gun” tape, Republican congressional leaders met with Nixon on August 7, 1974, to tell him there were enough votes in the Senate to convict him and that he would face impeachment when the articles reached the House. The combination of Nixon’s refusal to comply with the subpoenas, the subsequent articles of impeachment, as well as the release of the White House tapes—specifically the “smoking gun” tape—led to Nixon’s resignation on August 9, 1974.

Resources:

Farnsworth, M. (n.d.). Articles of Impeachment. Watergate.info. https://watergate.info/impeachment/articles-of-impeachment

Farnsworth, M. (n.d.). Watergate Chronology. Watergate.info. https://watergate.info/chronology

HISTORY Staff. (2023, June 29). The Watergate Scandal: A Timeline. HISTORY. Retrieved July 24, 2023, from https://www.history.com/news/watergate-scandal-timeline-nixon

National Archives. (n.d.). Watergate: A Chronology. Retrieved July 24, 2023, from https://www.archives.gov/education/lessons/watergate-constitution/chronology.html

The Miller Center. (2003). Alexander Butterfield explains the Nixon taping system. Retrieved February 26, 2024, from https://millercenter.org/alexander-butterfield-explains-nixon-taping-system

The Watergate Trial > Timeline. (n.d.). Gerald R. Ford Presidential Library and Museum. https://www.fordlibrarymuseum.gov/museum/exhibits/watergate_files/content.php?section=1&page=d