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7336606
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Letter of Leon Jaworski, Special Prosecutor, Watergate Special Prosecution Office, US Department of Justice, to Philip W. Buchen, Counsel to the President, concerning hypothetical Nixon trial
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7336606
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document
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Letter of Leon Jaworski, Special Prosecutor, Watergate Special Prosecution Office, US Department of Justice, to Philip W. Buchen, Counsel to the President, concerning hypothetical Nixon trial
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White House Press Releases (Ford Administration)
Press Releases
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7336606
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4
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1974-09-04
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9
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1974
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Digitized from Box 3 of the White House Press Releases at the Gerald R. Ford Presidential Library
WATERGATE SPECIAL PROSECUTION FORCE
United States Department of Justice
1425 K Street, N.W.
Washington, D.C. 20005
September 4, 1974
Philip W. Buchen, Esq.
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
You have inquired as to my opinion regard-
ing the length of delay that would follow, in the
event of an indictment of former President Richard M.
Nixon, before a trial could reasonably be had by a
fair and impartial jury as guaranteed by the Consti-
tution.
The factual situation regarding a trial of
Richard M. Nixon within constitutional bounds, is
unprecedented. IL is especially unique in view of
the recent House Judiciary Committee inquiry on
impeachment, resulting in a unanimous adverse finding
to Richard M. Nixon on the Article involving obstruc-
tion of justice. The massive publicity given the
hearings and the findings that ensued, the reversal
of judgment of a number of the members of the
Republican Party following release of the June 23
tape recording, and their statements carried nation-
wide, and finally, the resignation of Richard M. Nixon,
require a delay, before selection of a jury is begun,
of a period from nine months to a year, and perhaps
even longer. This judgment is predicated on a review
of the decisions of United States Courts involving
prejudicial pre-trial publicity. The Government's
decision to pursue impeachment proceedings and the
tremendous volume of television, radio and newspaper
- 2 -
coverage given thereto, are factors emphasized by
the Courts in weighing the time a trial can be had.
The complexities involved in the process of selecting
a jury and the time it will take to complete the
process, I find difficult to estimate at this time.
The situation involving Richard M. Nixon is
readily distinguishable from the facts involved in
the case of United States V. Mitchell, et al, set
for trial on September 30th. The defendants in the
Mitchell case were indicted by a grand jury operating
in secret session. They will be called to trial,
unlike Richard M. Nixon, if indicted, without any
previous adverse finding by an investigatory body
holding public hearings on its conclusions. It is
precisely the condemnation of Richard M. Nixon
already made in the impeachment process, that would
make it unfair to the defendants in the case of
United States V. Mitchell, et al, for Richard M. Nixon
now to be joined as a co-conspirator, should it be
concluded that an indictment of him was proper.
The United States V. Mitchell, et al, trial
will within itself generate new publicity, some
undoubtodly prejudicial to Richard M. Nixon. I bear
this in mind when I estimate the earliest time of trial
of Richard M. Nixon under his constitutional guarantees,
in the event of indictment, to be as indicated above.
If further information is desired, please
advise me.
Sincerely,
LEON JANORSKI
Special Prosecutor