The Real Watergate Scandal: Collusion, Conspiracy, and the Plot That Brought Nixon Down (39 page)

Discussed at p. 161 in text

APPENDIX N

Lacovara memorandum to Jaworski, “Status of Charles Colson in Watergate Case,” February 22, 1974, detailing reasons why Lacovara, Ruth, and Kreindler oppose naming Colson in the indictment

Discussed at p. 162 in text

APPENDIX O

Portions of Rient and Denny memorandum to file of November 15, 1973, noting Glanzer’s and Campbell’s statements about Dean’s comments regarding the involvement of Haldeman, Ehrlichman, and Nixon

Discussed at p. 168 in text

APPENDIX P

Denny handwritten notes of October 10, 1973, noting that Glanzer’s and Campbell’s statement that Dean had indicated to them that “H was clean and E’s involvement was restrained”

Discussed at p. 171 in text

APPENDIX Q

Watergate-Related Appeals, showing that all twelve appeals from Judge Sirica’s Watergate trials were heard en banc from the very outset, but not one of Judge Gesell’s four Watergate criminal trials was heard in the same manner

Discussed at p. 203 in text

I. APPEALS OF CASES SEEKING ACCESS TO THE NIXON TAPES

1.
    
Nixon v. Sirica
, 487 F.2d 700 (D.C. Cir. 1973),
http://openjurist.org/487/f2d/700/nixon-v-j-sirica-united-states
.

Upheld the Watergate grand jury subpoena for the original nine tapes, which Judge Sirica had ordered enforced.

Argued September 11, 1973; decided October 12, 1973. No appeal was sought before the Supreme Court.

Judges Bazelon, Wright, McGowan, Leventhal, Robinson, MacKinnon, and Wilkey, sitting en banc.

Per curiam decision, with separate dissents by MacKinnon and Wilkey.

2.
    
Senate Select Committee v. Nixon
, 498 F.2d 725 (D.C. Cir. 1974),
http://openjurist.org/498/f2d/725/senate-select-committee-on-presidential-campaign-activities-v-m-nixon
.

Upheld Judge Gesell’s dismissal of the Ervin Committee’s subpoena for White House tapes.

Argued April 2, 1974; decided May 23, 1974.

Judges Bazelon, Wright, McGowan, Leventhal, Robinson, MacKinnon, and Wilkey, sitting en banc.

Bazelon opinion; MacKinnon and Wilkey issued separate concurring opinions.

3.
    
United States v. Nixon
, 418 U.S. 683 (1974),
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=418&invol=683
.

Upheld the special prosecutor’s subpoena duces tecum for sixty-four additional White House tapes. This was heard as a direct appeal from Judge Sirica’s ruling upholding the subpoena and ordering enforcement, which was heard by the Supreme Court on an expedited basis.

Argued July 8, 1974; decided July 24, 1974.

Justices Burger, Brennan, Douglas, Stewart, White, Marshall, Blackmun, and Powell. Justice Rehnquist did not participate. NB: The Supreme Court always sits en banc.

Burger opinion.

II. APPEALS FROM CRIMINAL CASES TRIED BEFORE JUDGE SIRICA

1.
    
Haldeman v. Sirica
, 501 F.2d 714 (D.C. Cir. 1974),
cert. denied,
418 U.S. 955 (1974),
http://openjurist.org/501/f2d/714/haldeman-v-j-sirica-c-strachan
.

Upheld Judge Sirica’s decision to transmit the Watergate grand jury’s “Roadmap” to the House of Representatives.

Argued March 21, 1974; decided March 21, 1974, as amended March 27, 1974.

Judges Bazelon, Wright, McGowan, Leventhal, Robinson, and MacKinnon, sitting en banc.

Unsigned order; dissent filed by MacKinnon.

2.
    
Mitchell v. Sirica
, 502 F.2d 375 (D.C. Cir. 1974),
cert. denied
, 418 U.S. 955 (1974),
https://bulk.resource.org/courts.gov/c/F2/502/502.F2d.375.74-1492.html
.

Denial of petition for a writ of mandamus ordering Judge Sirica to disqualify himself from further involvement in the cover-up case.

Single-sentence order issued on June 7, 1974, as amended on July 9, 1974.

Judges Bazelon, Wright, McGowan, Leventhal, Robinson, and MacKinnon, sitting en banc.

One-sentence per curiam order denying petition, without opportunity for oral argument; lengthy dissent filed by MacKinnon on July 9, 1974.

3.
    
In re Liddy
, 506 F.2d 1293 (D.C. Cir. 1974),
https://bulk.resource.org/courts.gov/c/F2/506/506.F2d.1293.73-1562.html
.

Upheld Judge Sirica’s contempt order against Gordon Liddy for refusing to testify before the grand jury after he had been granted immunity from further prosecution following his conviction in the break-in trial.

Argued June 14, 1974; decided October 10, 1974.

Judges Bazelon, Wright, McGowan, Leventhal, Robinson, MacKinnon, and Wilkey, sitting en banc.

Wilkey opinion.

4.
    
United States v. Liddy
, 509 F.2d 428 (D.C. Cir. 1974),
cert. denied
, 420 U.S. 980 (1975),
http://law.justia.com/cases/federal/appellate-courts/F2/509/428/222697/
.

Denied Liddy’s appeal of his conviction in the break-in case on the grounds of Sirica’s alleged misconduct during the trial.

Argued June 14, 1974; decided November 8, 1974.

Judges Bazelon, Wright, McGowan, Leventhal, Robinson, MacKinnon, and Wilkey, sitting en banc.

Leventhal opinion.

5.
    
United States v. Liddy
, 510 F.2d 669 (D.C. Cir. 1974),
cert. denied
420 U.S. 980 (1975),
https://bulk.resource.org/courts.gov/c/F2/510/510.F2d.669.73—1564.html
.