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{
    "localId": "7336606",
    "label": "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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    "contentType": "document",
    "title": "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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    "productionDates": [
        {
            "day": 4,
            "logicalDate": "1974-09-04",
            "month": 9,
            "year": 1974
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    "seq": 1,
    "pageIndex": 0,
    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/6/3366/7336606/content/library/document/0248/whpr19741017-011.pdf",
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    "ocrText": "Digitized from Box 3 of the White House Press Releases at the Gerald R. Ford Presidential Library\nWATERGATE SPECIAL PROSECUTION FORCE\nUnited States Department of Justice\n1425 K Street, N.W.\nWashington, D.C. 20005\nSeptember 4, 1974\nPhilip W. Buchen, Esq.\nCounsel to the President\nThe White House\nWashington, D. C.\nDear Mr. Buchen:\nYou have inquired as to my opinion regard-\ning the length of delay that would follow, in the\nevent of an indictment of former President Richard M.\nNixon, before a trial could reasonably be had by a\nfair and impartial jury as guaranteed by the Consti-\ntution.\nThe factual situation regarding a trial of\nRichard M. Nixon within constitutional bounds, is\nunprecedented. IL is especially unique in view of\nthe recent House Judiciary Committee inquiry on\nimpeachment, resulting in a unanimous adverse finding\nto Richard M. Nixon on the Article involving obstruc-\ntion of justice. The massive publicity given the\nhearings and the findings that ensued, the reversal\nof judgment of a number of the members of the\nRepublican Party following release of the June 23\ntape recording, and their statements carried nation-\nwide, and finally, the resignation of Richard M. Nixon,\nrequire a delay, before selection of a jury is begun,\nof a period from nine months to a year, and perhaps\neven longer. This judgment is predicated on a review\nof the decisions of United States Courts involving\nprejudicial pre-trial publicity. The Government's\ndecision to pursue impeachment proceedings and the\ntremendous volume of television, radio and newspaper\n- 2 -\ncoverage given thereto, are factors emphasized by\nthe Courts in weighing the time a trial can be had.\nThe complexities involved in the process of selecting\na jury and the time it will take to complete the\nprocess, I find difficult to estimate at this time.\nThe situation involving Richard M. Nixon is\nreadily distinguishable from the facts involved in\nthe case of United States V. Mitchell, et al, set\nfor trial on September 30th. The defendants in the\nMitchell case were indicted by a grand jury operating\nin secret session. They will be called to trial,\nunlike Richard M. Nixon, if indicted, without any\nprevious adverse finding by an investigatory body\nholding public hearings on its conclusions. It is\nprecisely the condemnation of Richard M. Nixon\nalready made in the impeachment process, that would\nmake it unfair to the defendants in the case of\nUnited States V. Mitchell, et al, for Richard M. Nixon\nnow to be joined as a co-conspirator, should it be\nconcluded that an indictment of him was proper.\nThe United States V. Mitchell, et al, trial\nwill within itself generate new publicity, some\nundoubtodly prejudicial to Richard M. Nixon. I bear\nthis in mind when I estimate the earliest time of trial\nof Richard M. Nixon under his constitutional guarantees,\nin the event of indictment, to be as indicated above.\nIf further information is desired, please\nadvise me.\nSincerely,\nLEON JANORSKI\nSpecial Prosecutor"
}